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497786 MARTIN MARIETTA MATERIALS - CONTRACT - BID - 7366 HARMONY ROAD MAINTENANCE PROJECT - COLLEGE AV
1 1 1 1 City of F6rt COAhns Purchasing Financial Services Purchasing Division 215 N. Mason St. 2n4 Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/Purchasing SPECIFICATIONS _iki CONTRACT DOCUMENTS FOR HARMONY ROAD MAINTENANCE PROJECT COLLEGE AVENUE TO TIMBERLINE ROAD BID NO. 7366 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal' item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 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. uncovering_ exposure, observation. inssPection. ttsti> e. replacement and reconwuctionc and,. if the ptuties .are unable to aLrce as .to the amount or extent thereof,. CO\TItaCIOR may make a claim thcretor as provided in Articles I 1 and l 2: QIYNER Mai, Stop the lVvrk: 13.10. If the Work is defective, or CONTRACTOR [ails to supply sufficient skilled workers or suitable materials er equipment., or fails to furnish or perform the Work in such a. way that the uomplcied Work; will conform to the Contract Documents, OWNER may order CONTR.4CTOR,to stop the Wait or any portion diereut], until the cause for such order has -heen "eliminated,. however_ this right of OWNFR to stop. the Work -shill riot gjvc rise to -any duty on the p tit of OWNER to exercise this right for the bmetit of CONi-RAC.TOR or anysurety or oilx:r party. Gorreeripn or Renrovat of Defective Work 13:11. If required by R•NGINERR CON-riz \C'rOR shall. promptly, as directed, either correct all d fecMY Work, whether or not.falbrionted, installed or annipleted, or, if the Work has been rejected by 6NGINF:F:R, remove it &oin the site and replace it with Work that is not defective. CON'I'RACfOR shall pay all claims, casts, losses and damages uiuscd by tee resulting front. such correction or removal ('meluding but not fimitM' co, all costs of repair or replacement of work of others), 13:12. Correction Period. 13.12.1. If within one-aswr two vcars.after the date of Substantial Completion or :au}i 0jer period ortime.as may be prescribed !iv Laws or Regulations. or by the terns pf any. applicable special'guamntee required try. the Contract Dcewrients or by any specific provision of the Contract Dou'unients, any Work ts, found' to be <4fecNre. CONTRACTOR. shall promptly; without cost to OWNER mid in acconlanee with OW i\MR's written instructions. (i) i on-ect such defective Work, or, if it has been rejected by OWNER. mmove it Gom. the site and replace it with Work. thatis not <dfective, and (ii) satisfactorily cvrreci.or remove and replace damnge to other Work or the work of others.resulring th&e rum. If CONTRACTOR does riot promptly cauply with the terms of such instructions, or in -in emergency where. delay would cause serious risk of loss or tannage; O\VNER may have the ed fecttve Work corrected or the rejected Work removed and replaced, and all claws„ costs. losses and dama.cs Caused by or resulting [ruin such removal and replacement (including but not limited to ad costsof repair or replacement of work of others).will be paid by CONTRACTOR- IJ.1?2.fin special circumslanccs where. a ;particular .item of -equipment is placed in continuous service before,SubstuntW Completion of all the Work the correction period for that item may cart to nm Gum p.m earlier wale if so provided in the Specifications or by Wriiten :Amendment 13,12=.'R'here4if-_•cove Work (and damage to other EJ(7DC ,kNE:tLu. CONLY11ONS MU-3 t754v 6y01i. =S wfa'rroirrottr elus�totio-ic. no�sgeei tnann) Wort: resulting therefrom) has been corrected, removed of replaced under,this paragraph 13i12; the correction period hereunder with respect to :arch' Work .will be-uxtendcd for an additional period of orw� uvb vears alter such ccrrection or removal and replacement has been.satistactorily completed Accepranee of Defective Work: 13.13. df, instead of rcquirittg correction or removal and rcplaument of defective Wark, OWNER (omit, prior tq IN ENGEER'S recommendation of'hnal' payment .also ENGINFF.R) prefers to accept it, OWNER may do so. C( NTRACTOR shall pay all claims: costs, losses and damage's attributable to OWNER'S evaluation of and deterniinatioh to,accclit such &,fecrite Work (such costs to tic approved by ENGINEER alto reawreblencis), Iftiny such acceptance occurs prior to ENGUNEER's recommendation of tnsd payment, a.Chanue Order will be .issued ineorpnrating the necessary revisions in, the Contract Davinents with re3pccf to the Work; and OWNER shall he entitled at an appropriate decrensc in the Contract Price, and, if the parties arc unable to agre,:.as to the amount thereof, ()WNUI2 may make a claim therefor as provided in Article 11. If the acceptance occurs slier such recommendation, an appropriate amount will be paid by C)N'rRACI'OR to OWNER. 0yPNER AMY r brrect DefecOre lFork: 13.14. if CONrRAc:roR f ds within a. reasonable time after written notice From EJGINFER to correct d.f•ctrve. Work.or to remove and replace rejected Work as required by F.NGNFER in accordancewithpgaraeraph 13.11, or it- CON°PRA&OR rails to purforin the Work in accordance with the Contract Doyvments, or if CONTRACTOR rails, Ito cis» ply with any other Provision of trio. Contract Dccumcriis, OWNER may, after seven days' written rwtice-to CONCRAC-FOR correctand remedy any such deficiency. In exercising the rights mid remedies under' this paragraph OWNTR shall proceed expeditiously, In tonnecticn with such corrective and remedial action, OWNER may.cxcludeCO\irRACTOR Gotn all or part of the site, take possesion of all cx pttrt of the W'ork,'and suspend CONIRi\CTOR's services related thereto, take possession of CONTRACTORS -tools, appliances, curutruction equipment and inaehincry at the sac and incorporate in the Workall materialsand equipment stored at the site, or Car which OWNER has paid CO! FCRACFoP%' but ni•hich are stored elsewhere. CONfILAC_TOR thrill allow OWNTR. OW`NER's representatives, aeents- and employees. OSMKWs other wwrrctors and ENGGNT-ER and 13rC;INE•ER's Consultants access to the site to enable OWNER to esercise'the rights and remedies under this paragnapht NI claims, casts, loss and damuLes incurred or sustaira by OWNER in exercising such riv_h(s and remedies will be charged alai st CONTRAC17ORand a Change Order will be issued incorporating the necessary revisions in the Contract' Documents with respect to the Worker and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, If the parties are unable to agee as to thetmmuni thereof. OWNER may make a claim therefor as. provided in Anicle 11. Such clnims, costs, losses and 17 I 1 0 I I damages will, include but nor be liinited to all costs of ripair or replacement of wor6, of others destroyed'. or damaged- by correction. removal or replacement of CONTRACTOR's defdcrive Work, CO\TRACTOR shall not be allowed an extension of the Contract Times (ci N9flegtoiies) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14—[ AYNiLmrs'ro mwRACTOR AND COMPLETION Sche&de of Maluer.. 14.1. T.hc schedule of values established as provided in paragraph =,9 will serer as the basin for poxTCss payments and will be incorporatedinto a torm of ipplication for Payment acceptable to'ENGI\tEER. Ptogress payments on accounLof Unit Price Work will be based on the number of units completed. Applichifnn for Progrett Pnvnrgjrt. 14.2. At beast twenty days before the date established For each progress payment (but not more often than once a month), CONTMACTOR shall submit to. ENGULCR for review an Application for Payment tilled out and signed by CONrrR_,ku OR eovering}ha Workcompleted as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. ff payment is requested on the Basis or materials and equipment not incorporated in the. Work but, delivered and suitabby stored at the .site or at another location a•`reed to in writing the Application for RgmcoL sliall also& necompanied by it bill of sale, invoiceor other documenmtiun warranting that O1tr\TR Ers received the. materials and equipment free and dear of all Lient and evidence that the materials and equipiueit are co'vemi by appropriate propertynsu insurance and other'irrangements to protect O\1WER'a interest therein, all of which will be satisfactory' to OWNER. The amount of rt .•tutage with respect to progrms praymelts will be its stipulated in the Atnement- tiny Funds that are withheld by_th e QWDIBR stall not be, subieet to substitutica by the CC5S_n7ACTO[t with securities or arry arrangements invola_vvan escrow or gggoianship. By executing the Npplrcation for payment Form the CONFiL\CTOR expressly waives his nehtto theto the benefits of Colorado, Revised Statutes. Section 14-91-101. Ct 5% COVTRAL7OR's fl%a my of Title: 14.3. CONTRACTOR warrants and guantntcesthat title to all Work_ materiels and equipment covered by any Applit'aticrn for Payment, whether incorporated in the Project or not, will pass to OWNTTTT t no -later than the time of piymcnt Gen and clear of all -Liens. Review of.4pplierrriomv for Progress Pgvinerrr: 14A. .ENiGLNEER,will. within ten days after. receipt of each Application Cor Patmcnt, either iildicarei in ivridng a. 1•lca7C'OF'\'F74ht cokir no.,.s t91t" owo Eiitiaw '.W CITY OFFOR'1' COLDS; \IOUIFICd710N5lftLVI;'na0 i recommendation of payment and present the Application to OWNER - or return the Application to CONTRACTOR indicating in>i•riting,ENGINEER's reasons for refusing to. recommend payment. In the latter ease; COb M-kCTOR may make the necessay corrections and resubmit the Application. fen clays after presentation of the Application for Payment to OWNLR with ENGM-ER's recommendation edit. amount recommended will (.subject to the provisions of the last sentence of paragraph 14.7)_ bccume. due -and when due will be paid by OWNER to CONITRACTOR 14. 5, ENGINEERr. recommendation of any payment requested in an Application for Payment \will constitute -a representation b}' KNIGINEER to OWNER, based on EN UN I ER's Oil -site observations' of the exceurcd- Work; as an exp erienxo and qualified degas- riprofcssional and on F'NGINEERs review bf the :\pp"pplacation for Payment and the accompanying- data and scixdules, that: to the lest of ENGINEER's lnowledgc, information and helie. 14JA: the Work: has progessed. to .the point indicated, 14.-5.2. the quality of the Work i%.emcmliy, in accordance with the Contract Documents (subject to mi cvaluotion of the Work as a functioning whole prior to or upun Substantial Completion, to the results of any subsequent tests called for -in the Contract Doi:umcnts, to a final determination of quantities and classitiaitions for. Unit Price Work under paragraph 9. W, and to any other qunlifications_stated m the recbnuncndaticn); and 14-5.1 the conditions precedent to CONTIR-ACTrap q he ng entitled to such payment appcnt to. have liecn fultillcd insr)f•ar as itis- E\°C LttN7EER:s responsibility to observe the Wek. However, by recommending any, such payment ENGL\rEER: will not. thereby be deemed to have represented that: (i) exhaustive or continuous on ,ite uhspectionshave been made to check the quality or the quantity of .the Work beyond the responsibilities specifically wLgigned to ENGINTBR in the Contract Documents or (it) that. them may not be other mauers or issues between the parties that might entitle CO_NTIL\CTOP to be paid nddirionally by OWNIER or entitle OWNER to withhold paymicnt to CONTRACTOR 14.6- ENGLVEER's recommendation of any pitymem, including. final payment,shall not mean that ENGINEER is respcimsible- for CONITR-\Cro ws means, mcdmd& techniques. sequences. or procedures of construction. or the safety preatwions and prcv-mtms incident lherclo,. or for any failure of. CONTRACTOR to comply with Luws and t2e,clarions applicable to the furnishing or Performance of Work.. or for any failure of CON'CR.AC'FOR to perform or furnish Work in aceord;ince.withu`teContnicLDoct rents. 14.7. F.'NGIN?EER ntay rettisc to rccnntmcnd 'fir w•hdlc or any part of any payment if. in DIGINEERs opinion. it would. be incorrect to make the repre_cenrnnons to 29 I OLWtiRreferred to- in paragraph, 14,5. ENGIN=- may also refuse to recommend any such payment, er„ Ixcause id' subsequently discovered evidence or therestilts of subsequent inspectionsor tcsta nullify; any such payment pn:viously recommended. to such assent as may be necessgry• in EN()INEERs opinion to. protect OLVM- lcom loss because:. 14.7: L, the Work is <kftctiye. or completed Work has beat damaged requiring collection or replacement. 14.7:2. the Contract Price has been reduced by Written Amendment or Change Order, 14.71. OWNER, Itins been required in correct d!fctire Work orcompleteWork in accordance' with pumgraph 13.14. or 14.7.4. Ex,IGNFER has actual Iitodlcdee of die. occurrence of `any of the events enumeratcd ire paragraphs 15.2.1 through 15.2:4 inclusive. OWNER may.refusc to make paymentof the full amount recommended by ENGINEER. because: 14.7=-. claims hive been. made against .0W1TR on a(xount of CONfKACTOR's performance or furnishing of theWork, 14.7.6.. Liens have been filed in connection with the Work, except where CONTRACTOR.has delivered a. specific Bond.mustaetory to OWNER to secure the sntisfactionand discharge ofsuch ,Liens, 14.7.7 dnere ire other items entitlingOW tFR to a set- off against the amount recommeinde(l or 14.7.8: OWNER has actual knowledge• of the occurrence Of ;any of the events enurlierted in paragraphs 14.7.1 through 14.7.3 or paragmpls 15:2.1 through 15.2,4 inclftsive; but OWNER must _give CONTRACTOR iannediate- written notice (with a copy to ,ENG[LNTER) stating. the reasons for such action and promptly pay CONfRACTOR the ;mount so withheld or env adjustment. thereto agreed t6 by OWNER and CONTILACTOR when CONfR_,CTOR cone(:ts to OWNER's- satisfaction the reasons for such action Substantial Completion: 14.8. When CONTRACTOR considers the entire Work really for its intended use CONTRACTOR. shall notify OWNER and ENGINEER in writing that the entire Work is substantially. complete (exgepl for items specifically listed by C'ONTR-ACTORUs incomplete) and request that �IGNEERissue a certificate of Substantial Completion: \Pillow a reasonabletime thereafter, OWNER.. CONTRACTOR and Ei`iGLtiEER sh ll make an inspection of the Work to deter nirre the status of completion. If ENGINEER floes not consider the Work substantially complete. L\G[NEE R. will notify CONTRACTOR. in writing giving thereasons therefor If EtirGINEER E IC:DC c;t,IE.4.V. CONUt'f10;-S l9inS 1199V L*6C,Ml 30 wl CITY OF FORT(ALLISS moba•1C.ATIOXS I REV -1 ORO' considers the Work substantially complete, ENGCNMR' will prepare and delivertoMWER tttentative certificate of Substantia4'CoMpletion which shall fie the date of Substantial. Compictton. There ,Iutl be attached to the certificate-'. tentative list of items. to be completed nr corrected before final payment.. 0W`NNItR. shall hrive seven daysafterreceipt of the. tentative certificate during,which to make written objection to LNGNEER' as to any provisions of the certificate or attached list. If, after considering suchobjcctiun:, ENGINEER. concludes that the .Work is: not substantially c'omplet,% D4G[Ni iEER' will within fourteen days after submission Cf'ihe tentative certificate to.OW'NER notity CONrRAC"rbR in writing, stating the reasons dicrefor. ll; after consideration of OWNFR's objections; F„-N(iINEER considers the Work suhstanually complete. ENIGINEER µill within said fourteen days -execute and deliver to. OWNER and CONTRACTOR a. definitive catifimte of Subsanuai Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the .tentative Certificate. US ENG[NEER belieryes"justific_d after consideration of any chjettions From OWIvFR. At the time of delivery of the tentative CaliticatC of Substantial Completion will deliver to OWNER. and CONTRACTOR a written recommendation as to division of rNponsibilaics pending final: payment between OWNER andd_ONrRACTOR with respect to sccuiity, opaationt safety, amimerance, heat, utilities,utsv nee and warranties and guarantees: 'Unless OWNER and CONTRACTOR agree 6ahcnvise in writing and so inform FNGfNEER in writing prior to FNGINE' ER's issuing the definitivecertificate of Substantial Completion, ENGINEERS aforesaid recommendation will be binding (m OLVNER and CO�.tflatr\t:'C(?R until � twat im}mi4tc I49, OW ,,TER shall have the right to exclude CONrRACTori from the Work after the date of Subxitawial Completion, but OWNER shall: allow CONTR.•\CTOR reasonable access to complete or currccl items on the tentative list - 'Partial'Uti lization: 1:4,10: Use by OWNER at OW'NF.R•s option of any substantially completed parr of the Wort:, which; (i) has spccilicnlly been identified inthc Contract Documents, or (u)OL1•NER, ENGEVEER and CONTRACTOR agree Constitutes a separately hmctioning and usable part of the Wrork that can be used by OWNiTER' for its intended purpose without significant 'interference with CONTRACTOR's performance of the ,remainder of the Work, may be accomplished prior to Substnnual Completion of all the Work subject to the following: 14.10.1.0LVNER. at any time max, request CONTRACTOR in writing to. permit OLLNM.— to use any such part or the Work, which OWNERbelieves to Le, ready for its intended use and substantially Complete. If CONTRACTOR agrees that such part of the Work is substantially cCvupkie, CONT R-,%cTOR will certify to OWNER and ENGNE•ER that such part of the Work is substantially complac and request ENGLorEER to issue a certificate of Substantial Completion fur that part of the Work.. I 0 I [J t 1 I CONTMR \CTOR at any time may notify 0\VVGR and, f�i IG LEER in writing that CO, ,TRACTOR considers any such part of the Work realty for its intended use. and substantially wmplete and request .L1i tGNMZ to .issue a certificate of Substantial. Completion fur that I,wrt of the Work. WitNn.a rewwroble time after either such request, OWNER, CONTRACTOR and LNGWEERshall make an inspection of that part of the Work to determine -its status of completion If LNULNEER does not considerr that part of the Work to be substantially complete,. LNGLNLER will notify OWNNER urnf CONF RACTOR in writing giving the reasons therefor. ..If.ENGINEER considers that part of the Work to�be substantially complete, the provisions of paragraphs 14_R and tag will apply with respect to ccni6cation of.Suhsttntial Completion of that part of the Work and the division of resp"onsibility.in respect thereof and access thereto: 14.10.7 No occupancy or separate: operation of. Bart of the. Work will be accomplished prior to compliance. with tie requirements of paragrnph 5:1 _ in respect of property insurance. 'Final fn.tpeclian: 14,11. deport written notice from CONTRACTOR that the enure Work or an agreed portion thereof is complete„ EVG12NEER will make it final inspection with OWNER and C:QPrIRACTOR and will notify CONTRACTOR. in writing of all particulars in whichthis inspection reveaLn that the Work is incomplete or &,jf cove. CON rfL,\c,vOR shall immediately take such measures as arc necessary to complete suclinvurk or remedy such dcticicneics. Final.Application for Pa rnrent' 14.12. Alter CONTft:\CTOR has completed all such corrections to the satisfaction of ENGINEER:cad delivered in :accorclance with the Contract Documents .all maintenance and oper'ating instructions,. sefterfides. <uaiantecs, Bonds. certificates or other evidence. of insurance required by pam6raph5.4, certificates of inspection, marked -up record documents (as.provided in panarephC,.19) and other documents,. CeJNTR\CTOR may .make applicaatiiin. for final' payment following the. procedurc for progress payments. The final Apphcetion for Payment .shall be accompunial (except its previously delivered) by: (i).all documentation called for in the Contract -Documents, including but not' limited to the evidence of insurance'requiredby'subpamtiaph?4.13„ fu)consent of the surety. if -any: to Ural payment, and tiii) complete and legally effective release.% trc waivers. (satisfactory, to OWNO• ) of all Liens "ing out of or filed in connection. with the Work. In .lieu or such releases or wailers of Liens and as approved by OWNED, CONTRAC7rOR may furnish niuipts or releases. in fill' and allidavitof CONTRACTOR that: (ipthc releases and receipts include all labor. wrvides,-niaterial and rquipmmt fur which a Lien could be filed, and (ii) all payrolls, material and equipment bill;, and otherindebtedness connected with the %Vrirk fair which OWNER or OWNERS property might in any way be responsible have been paid or ofhenvise satisfied' ff inv ,l'ufwnrmetor or .l'gplicr rails FJCUC(IE� it7GV: COVbCt7Uhl' 1910.Y (i `.pa Etiticu) w/Q'R OFFORT COLLI SMODIFICATIONS(REVJQoa01 to fur sh Such a release or receipt in full, C'ON17RAC.TOR may fdrnish a Bond or other collateral satisfactory .to OWNER to indemnify OWNER'. against any Lien Release;; or wtiivers.Ofiierty and the consent of the surety to finalize oacmem areto be submittal on forts conforming to the forntatof the OWNER: S standard forms bound in the Proiewa manual:. final Pgt'mear anelAce prance:. t4.13. if, on the basis of ENG_f3NMER's observation of the Work during contraction and Emil inspection and EN(* I NEER's revied.of the Final Application.For Isuyinent and accompanying documentation as required by the Contract Occuments, PJNGINFE'R is satisfied that the Work lit.% been completed and CON'rRACTOR's other obli¢alioru under the Contract Documents have been fulfill Yi. ENGINEER. will. within ten daysafter receipt of the .final Application for Nymcait indicate in writing ENG[NEEh's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to (AVNER and COINTRACI'.OR that the Work is ncceptablc subject to the provisions of paragraph 1,415- Otheniisi% UNUINFER will return the Application ni CONTRACTOR, indieaurg in writing the rrnsons for re Fusing. to- recommend final payment in which. casc COWMACTOR'shall make the nowt ry cortections and resubmit, the Apolication. 'rhitty days after prewnnnion to OWNER. of the Applibation and accompanying docummultion, in nppraprima. form and substance and with E.NGRIVERR's recommendation and notice of acceptability, the amottnl. recommended by ENGNEER will became due and will he paid by OIVNI"R' to CONrrRACTOI2- suhiecii to rnrasmoh ITC(. or of th e Grneri L C.ondjtigp& 14,14. lt' tirough no .fault of CONTRACTOR final_ completion of the Work is signifiemtly delayed and if E gGWEER so confams, OWNER sftnll;. upon receipt of COhrrR\CTOWs final, Appfilihtion .Fur Payment and recommendation of ENGINEER,"and without lenninatin. die :icemen, make payment of the balmce dote for tint portion of theWork fully completed and.accepted. If the retraining bnlance to lk held by OWNER, for Work not fully 'Completed or carrected is less than the retainage stipulated in the :\&feculent and if Bonds leave been furnished as required inpaamuraphil, the written consent of the surely to the payment of the "nee due for that portion of the Work [ally oompleted and accapted Jnli be submitted by CUN*fR-ACTOR to LNGLNEL•R with the Application for such payment: Such payment shall be made under the terms and conditions governing final ptymara. except that it shall not corslitute.a. waiver of claims, f4'piver afGfnines: 14.15. 'rate rnakin� urid acceptance of furl paynicmi,ivill constitute: 1.4, 1 i.l.a waiver or ill' claims by OWNER against COiI iT kCTOR except claims arising from unsettled Liens, from drfrerive-Work appearing after 31 I Final inspection pursuant to paragraph I4.11, front failure to comply with the CuntraeEDocuments or the terms of any- special guarantees specified Nxcin or truer CONfRACTOR's continuing obligations under the Contract Documents: and 14.15.2.A waiver of all claims by CONTRACTOR against OWNER other dean those previously made. in wn.Lineand still a ttled. ARTICLE 1-5-SUSPENSION OF WORK AND 'rm\ tL,NxriON OWNERHay Suspend Work: I5.1. At any time and without cause.. OWNER may. suspend the Wort: or any portion thereof fora prim of not more .thanninety rays by notice in writing to CONTRACTOR and FNGINFER which will fie. the chid on which Wort: will he resumed. CONTRACTOR shall. r:rmmie the Work on the date so Fixed CONTRACTOR shall he allowcd an adjustment in the Contract Price or an citension, of the. Contract Times, or htah, directly attrihutihle to any such suspatsion if QONTRAC:TOR 'makes ari a*aved claun thaefilr as provided. in !\rticles l,l and I'. 01VNF_R May Terminate:. 15:2. Upon the occurrence of any are or more of die following events; I S,ia, if CON�R,\C:TE�R p�rsistrntly titils to ptrfornt the W'oik in accordance with the Contraet Documents (including. but not Iu—nited toy failurcrto supply sufficient skilled workers or suitable materials or equipment or failum toadhercto' tht progress schciiulc.established itn&r puragmpli2.9. its, adjusted from .time ta�time pursuant to panigaph o.o): 15:2:'. if CONTRAt,TOR disreroay rds Laws. or Regulations of any publicbody; lnvingjurisdictior4 I??:3.. if CONTRACTOR. distegdrds the :authority or LNI GM-E L or 1)14, if coPTTR-,wTUR otherwise violates in, tiny •subslantiM "way any provisions of the Contract Documents: OWNER may, utter giviitr COti'TR_Acrop ,(and the surety. if.anv) seven day vriutcn notice and to, the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR excludd CONTRACTOR frbm the site and take possession of the \York-. sad of. all CONrR.ACIOR's tools. appliances, construvtion equipment and machinery at thesiteand use the same to the full extent they could be used by CONTRACTOR. (without liability to CONTRACTOR tar trespass or conversion). incorporate in the Workall materials and equipment scored at the site or for which OWNER has Mid t7C'UC <iENE[LU.00[r'UI'RO`B IA94 t199y Edifiuib 32. w%CTCYOP FORT Cult.AMMOUlY7OMONI51RL•A'd40001 CON'TRACTOR but which are stored elsewhere, and finish the Work as M%NTsR may deem crpedient. Insuch case CONTRACTOR :;full not be entitled to receive any further payment until the Wu& is finished If the unpaid balance of the Camract. Price exceeds all cluinis. costs, losses and damages sustained by OWNER arising out of or resultirm hm completing the Work such excess will be paid to CONTRACTOR. If such claimer costs losses and damages exceed such unpaid baltmcc, CONTRACTOR shall pay the,dillercrtee to OWNER.. Such claims costs losses and damages incurred by C1\\'t IER R'tll be reviewed by ENGINEER as to, their .reasomablrne_ts and when so. approved by ENGINEER incorporated in.a•Chanoe Order, provided that when exercising any rights or remedies under this. paragraph- OWNH.-R shall not' he requirkd to obtain the low-est.price for die µrod: Iicitomwd, 15.3. Where PON.I'RAC'rQR's services have becn•:so .terminated by OIVNM the- termination will not affect any. rights- or n:mcilica of OWNER. amour CONTRACTOR than existing or which may thereafter accrue. Any retention or payment of moneys dive CONTRACI'OP by O\VNfiK will not nlcase CO\ f RACTOR from liability. I5,4, Upon seven- days' written noticeto CONTR.\C.TUR and ENGI\rF.FR. OWNER ' may, without allow and widtout prejudice to any other righror reniedv-of OWNERR electto wrininate the:Agreenierir. In such cnsc; CC7NTKA(,l"0R. shall' he paid (widtout duplication of any :items): CS.d.I. for completed and acceptable Work executed in.accordance with the Contract Documents prior to the etTeetivc•data of iamtination, including lhir and reasonable sums. for overhead and profit. on such Work, 15A.1 for eepcnses sustained prior to the etfective date of tennirlatinn in performing services and flt[nishitig Inbui, mtiterp _ or equipment as. require. by the Contract 'Documents in •cbnnecuon with uncompleted Work. plus Llir and retsortable sums for occrhoad and profiton such csRnsew; 15.4.1 for all claims, costs, losses- and damages I ncurred. ut sculdmetit or tmninalcd contracts with Subc mtmelon; Suppliers and others, and 15A4. for reasonable expenses. directly attributable to temanation. CONTRAGMR shall not be paid on aceottm of leas -of anticipated profitor revenue or other ectmomic loci arisotg out of or resullin a from such termination CONTRACTOR ditty Stop Work or Terminate: 15.5. IL through no actor Cault of CONT'RACTUR the Work is suspended for a period oC more than ninety clays by OWNER or under an order of court or other public authority, or UNV NF.ER. fails'to act oil any Application for Payment within thirty days after it is submitted, or 0%VNER fails for thirty days to pay C0MMA-(-:r0R any sum finally detcrmihad to he due, then CONTRACTOR may: upon seven days' written notice to OWNER and RiGLVEUL and provided OWNER or E1 01INTER do not remedy such suspension or tailune within that time; terminate :the c\LIFeemenr and recover from OWNER pe}ment on the same. terms as provided in Imgmph 15.4. In lieu of terminating the Agreement and without prejudice to any other rightor remedy, iCGNGL\`-.L•R has trided to act on an :Application fur Payment within thiriv days after it is submitted or (OWNER has failed focthirty days to pay CONTRACTOR any tam, fuirdW determined to be clue, CONTRACTOR may upon seven days written notice to OWNER and HNGINEPP step the Work until payment of all such amounts flue CONTRACTOR. including interest. thercoru The provisions of this pnmgrnph I5.5 tire, not intended to preclude CONTRACTOR. from making claim under Articks I I and 12 for an mcrea e in Contract Price or Contract 'fimcs or otherwise for c\Txnses or damage directly auributnble to CONTRACTOR's stopping Nark as permitted ln' this pamgnph :CR'rICLE.t6—imptrr.ER SOLIrrION lr and to the went: that OWNER and C,ONI'RACTOR. have agreed on the method and procedure tar resolving dispyRcs between them, that m:iv arise .under this - Agreement, such dispute resolution method and procedure, if any, shall he Its set forth in E:xhihitGIZ:A, "Dispute Resolution Veentent', to be attached hereto and made a part hereof. :If no .suchawrcemem on. the method and procedure for resolving such disputes has been reached„ and subject to the iovisions of paragraphs 9.10. 9.11 and 9,12. Ok EP and CONTRACTOR may exercise such rights or.rcmcdics as either may, ochenvra; have under the Contract Doaunents or by LawsorRegulnucns in cespect or any. dispute; ARTICLE 17—_-NQSCELLA EOGS Giiing Notice: 17.1. Whenever any provision of the Commct DccumenCi reyuires 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 or the Grin, or to an officer of the corporation for whom it is intended: or irdelivered at or sera by regiswr d or certified malt, postaye-prepaidl to the Ivst business ad4ess known to the cover of the notice. 17.2. Computation-vf ne: 17..1. When any period of lime is referred to in [hey Contract Documents by Jays. it will be wmputed to �clude'[hc -Ctrst and include the last .day of such period. lC the last: day of any such period Gull's on a. Saturday or Sunday or en a day made a Iccpl holiday by the law oPthe applicable jurisdiction, such day will be omitted from the computation. EJCOCOEVFY 1L CON DIM ONi t'I I tt3117/O Etiitiuil Wt CITY OFFOK'I' COLLI iYi \lOU1PICdTION51lt1iY d'7L OIJ 67r2.2: A calendar rtnyaf tweniv-Four hours measured from,midniuht to the nest midnight will constitute a day. 'Notice ojClnun: .l 7.3: .Shatald Ci\6'PIER or c:U. iT R•1C'fUR aulFer injury or damage to person or,property because of any errcr, omission oract of the other party or of any of die other pnrty_s cmployecs,or agents or others for whose ucts the other party is legally' liable: claim will be made in wnit6ig to the other pony within a reasonable time of the first obscrvarxc of such injury ur damage.. The provisions of this paragraph 173 shall not be construed as a :substitute fax or waiver of theprrovisions of any, applicable statute or limitations or repose.Crmulative Rernedirs 17.4. '['he duties and ubligations unposed by these General Conditions and the rights and remedies available hereunder to the parties hereto. and; in particular but withouL limitation the warm. mid, guarantees and obligations imposed upon CONTRACTOR by famgzraphc6rl? C�.Ifi,o.3lr,o31',u.31, 13.1, 13.12; U, 1T, 14,3 and I'> n and alpof the rights and remedies available to OWNFR and ENGINEER thcreundcr, are in addition to, and are not to he construed in anv way as a. limitation or -any riplas and r rucdlcs available to any or all or.tlican which .are otherwise unposed or available: by Laws or Regulations by special warninty, rear guarantee or by otter provisions of the Contract Documems; and the provisions of this paragraph }vile he as .effective as if repntcd specifically in (he Contract Documents in connxtion.with eachparticular duty; obligation, right and remedy to*which hey apply Yrnjecaionul Feevand Court CosEv Included.• 17:5.-Whcnever retaience. is made to "claims,. costs, losses 5nd..damages".; it shall include in.cach 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 resoluttnn code,. 176 The_iaw_s of ch� State o�Cylo are do apply to. this t\gecment Rzferenca to two pertinent Colomrio statutes me as follows: ITT. Colorado Revised Statutes fCRS S=17eLMr nrouaa that. Colorado laborbe entnloved to Ixrfenn the -Work- to theocien oC not Iz .than S0 percatt (St14'o) of each tv or class oC laborinthe .several dasviliffn.ionc ul :v -illerl and common labor entpliwcd on the Protect Colorado labor means anv mrsonwlio 'is a,bona tide resident of the State of Colorado at the time of employment, without discrimination as to mce, color_ deed age. reliunon or sex_ 17:5.1 Ira claim is Gled'OWNER is r2gcccired bs law (CRS 38'_6-107) to withhold L-bm all payments to CONTRACTOR sufficient funds to insure the payment of all claims far labor, materials, tLnm hire.. sustenance, provisions, provender, or othersupplies used or consomad Irv. CONTRACTOR or his - 33' 1 1 LJ 6iJCDCO2NER.XL CDNUI'nOtS Ul1!J ita9u EJiiinil 3-1 lW CITY DIi fDR7 CY]LLL\S ]IDDlN7CA fID�S IRGV �I i20V01 [1 ' ('I'.hia pacc Icft bhol:.intmuonally) 1 ' E.ICVCtiF'NtRVW EQii UIT o.."s lc)In,4 (19'711 Editiq'l jJ iv/ Q'FY OF FORT COLL(i S mOUIFICATION51ALV -L_ 0UW I I I WCITY Oil FORT COLLINNNIODIFICA11ONSML 0,0011, EXHIBIT GC -A "to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT OMNM and CONTR,\CTOR hereby agree that Arikic 16 of the General Cdnditicns of he Con ciuctiun Contnicr henveen OWNER- and CONTRACTOR* is amended to include the -follpwing agzrcement of the parties: 16.1. All claims, disputes and other matters in question between OWNER am([ CON' PACTOR.arising• out of or relating to the Contmcr Documcn s orthe breach thereof (except for cfamts.ivhich Iiaw beet waived by the making or acceptance of final payment its provided:try 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 15 This agreement so to arbitrate and any other agreement or consent to aibitmte entered into in accordance herewith as provided in this Anicle:46 will be spocil=11y enterecable under die prevailing law of any court having jurisdiction. 16.1 No demand for arbitration of any clmni; dispute or other matter that is required tobe refcircd to GNGLtiEER initially for decision in accordance with ptragmph 9.11 will he [Wade until the earlier or(a) the,date on which ENG[KEER. has rendered a written decision or (h) the druty-First Jay after the parucs have presented dicir evidence to"04G iNEER if a written decision has not been rendered by ENGINEER* before that date iefo demand for arbitraiion of any such claim, dispute or otter matter will h made, later than thirty days after the date on which ENCrrNEF.R has rendered a written decision in respect thereof in accordance with Ixumgraph 9.11; rind the failure. to demand arbitration withinsaid thirty clays' period will. result in ENGINEMs decision being final, and binding upon OWNUZ and CONTRACTOR. If ENGIN[M.R renders a decision alter. arbitration proceedin6s have been mitiatc(L such decision may be entered asevidence but will not supers. ale the arbitration proceedings, except where the decision is ac:cepiable to. the parties concerned, No demand for arbitration of any written decision of 'MN'GLNEER rendered in.accordanw with paragrlph 9.11) will be iinade Later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in prmraph 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 Ass iiiation and a copy will be sent to ITINGrNEERfor information 'The demand for arbitration will bemadewithin the thirty7day or tenaay period spceitted 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 stall. any such demand be made after the date when insfitutionof Iegal.or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of linutatiors. UCDC CENER.LL CG:,UITIGNS 1910.3 f1991l E46mi uvr1TY OF FnRr CIJLII?i3 \fODIFiC:yrjG S(REV9e99) 16;4. Except as provided in pamynph I65 below, no .mbitnuion arising out of or relating to the Contract Doctuncnts shall include by consulidation, joinder or in any. other manner any other person or entity (including EN GLN-EER-'Ei`IGQTEFR!s Comultant and the dtLccm. directors, agents, employeesor consultnnrs.of rmy of them) who is riot a party to this contract unless: 15A'.1. the inclusion of such other person or entity is necessary jf complete relief is to be aQbrded among: th i t who i re atir dy parties tip the irbitration _mil I6.4'. such etthtr person or entity is substantially Involved in a question of law or fact which is common to those who are already paniec% to the arhihation and which will arise in.such proccc dings,:nnd. I6A.3. the written consent of the other person or entity suuJa.to be included and of OWNER and C9N'rgA(�CUR has ban obtained for such inclusion;, which. consent shall make specific reference, to this pnmgmph:, but no such consent shall constittue consent to arbitration of any dispute not specifically ck:scrihd In such consent or arbitration with any part not specifically ittentilied in such consent 165. Notwithstanding paragraph 16.4. if a claim:. dispute or other matter in question bct wsh 0l4NF.R and CONTR4CTOR involves the Work of a SuLcontractor. either OWNHR tx C9NIRACfOR may, join such Subcontractor its party to the arbitration at tweenOWNER. and CONTRACTOR hereunder. CONCRACCOR shill include in all. subcontracts required by paragraph 5,11 a specific provision -whereby the Subcontractor consentsto being joined in in arbitration between OWNER and CONTRACTOR involving the Work ot such subcontractor. Nothing in this pamgmph lo5 nor in die provision of such subcontract consenting to joinder shall crcale any claim; right or cause of action in favor of Stilx;ontractor and against Ok�NT ER. ENGMER or ENG f\T ,R's Consultants that does not oth xwisa gust, 16A The award rendered by the arbitratorswill be. final, judgment mayhe entered upon it in any court having jur-Miction thercoC and it will not be sulicct to modification or appeal. 16.7. OWNERand CO\TR,\CTOR agree that they shall fist sutxnil any and all 'unseided claims„ counterclaims. disputes and other matters to quivtion between them aristn - out of or relating to the Contract Documents or the breach thereof ("disputes"l, to mediation by the American .Arbitration Associatiein under the "C nsaruction. Industry Mediation Rules of the American Arbitration :Association prior to either of them Initiating. against. the other a demand for arbitration pursuant to ptramphs 16.1 through 16.6, finless delay in initiating - arbitration would irrevocably prejudice one of the parties The respective thirty and ten day bane limits witlrin which to file a demand for atrbitmtion as provided in paragraphs' 16.2 and 16.3' above shall be susperxled with respect to a. dispute' suhnittod. 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 !;hull not serve its arbitrator of such dispute unfcssothenvise aureeLL zM 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. I11.8. The address and telephone number for communications regarding the Bid shall be shown. 1 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 1 1 E1tvC QENEIUI. CO?:UlIlO:<3 1910.3 i1 J!0 E44,11j nv Q: r,'QF FORT (REV 9,9:1) t 1 1 1 1 SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-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: None 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 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy I 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 coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT ' 00950 Contract Change Order 00960 Application for Payment SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Harmony Road Maintenance Project — College Avenue to Timberline Road CONTRACTOR: Martin Marietta Materials, Inc. PROJECT NUMBER: 7366 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: cc: City Clerk Contractor Project File Architect Engineer Purchasing DATE: DATE: 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. Date: By: M M M M = = M M = r = = M = = = M APPLICATION FOR CONTRACTAMOUNTS PAYMENT PAGE 2OF4 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 M STORED MATERIALS SUMMARY On Hand Item Invoice Previous Number Number Description Application Received This Period PAGE 4 OF 4 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 returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established PROJECT SPECIAL PROVISIONS Harmony Road Maintenance Project College Avenue to Timberline Road City of Fort Collins Bid No. 7366 March, 2012 Prepared By: City of Fort Collins Engineering Department 281 North College Avenue Fort Collins, CO 80522-0580 (970)221-6605 Harmony Road Maintenance Project College Avenue to Timberline Road COLORADO DEPARTMENT OF TRANSPORTATION ' SPECIAL PROVISIONS HARMONY ROAD MAINTENANCE PROJECT COLLEGE AVENUE TO TIMBERLINE ROAD ' The 2011 Standard Specifications for Road and Bridge Construction controls construction of this project. The following special provisions supplement or modify the Standard Specifications and take ' precedence over the Standard Specifications and Plans. PROJECT SPECIAL PROVISIONS ' Page Index Pages 1-2 Notice to Bidders 3 Commencement and Completion of Work 4 ' Summary of Work 5-6 Revision of Section 106 — Control of Material 7 ' Revision of Section 109 — Asphalt Cement Cost Adjustment Revision of Section 202 — Removal of Asphalt Mat (Sawcut) (Full Depth) 8 9 Revision of Section 202 — Removal of Asphalt Mat (Planing) (04" Depth) Removal of Asphalt Mat (Planing) Additional Inch Thickness ' Removal of Asphalt Mat (Planing) (Taper 0-2" Depth) (6' Wide) 10-12 Revision of Section 202 — Removal of Pavement Markings 13 Revision of Section 202 — Removal of Structure (Bridge) 14 ' Revision of Section 203 — Proof Rolling 15 Revision of Section 203 — Excavation and Embankment 16 Revision of Section 203 — Shouldering (Recycled Asphalt) (Haul and Place) 17 Revision of Section 207 — Topsoil (Stockpile and Redistribute) 18 ' Revision of Section 207 — Pre -Amended Topsoil (Median) 19-21 Revision of Section 210 — Reset Structures 22-24 Revision of Section 212 — Tree Retention and Protection 25-28 ' Revision of Section 213 — Mulching 29-30 Revision of Section 214 — Planting 31-38 Revision of Section 403 — Hot Mix Asphalt 39-41 Revision of Section 403 — Hot Mix Asphalt (Hand Patching) 42-43 Revision of Section 420 — Geotextile Paving Fabric 44-45 Revision of Section 601 — Miscellaneous Concrete 46 Revision of Section 605 — Subsurface Drains 47 Revision of Section 608 — Detectable Warnings 48-50 Revision of Section 623 — Irrigation System 51-52 ' Revision of Section 625 — Construction Surveying 53-54 Revision of Section 627 — Temporary Pavement Marking 55-56 Revision of Section 630 — Construction Zone Traffic Control 57-61 Utilities 62 n Harmony Road Maintenance Project College Avenue to Timberline Road COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS HARMONY ROAD MAINTENANCE PROJECT COLLEGE AVENUE TO TIMBERLINE ROAD STANDARD SPECIAL PROVISIONS Title Sheet Revision of Section 103 — Colorado Resident Bid Preference Revision of Section 105 — Construction Drawings Revision of Section 106 — Certificates of Compliance and Certified Test Reports Revision of Section 106 — Hot Mix Asphalt — Verification Testing Revision of Section 107 - Responsibility for Damage Claims, Insurance Types, and Coverage Limits Revision of Section 108 - Critical Path Method Revision of Section 109 — Compensation for Compensable Delays Revision of Section 109 — Measurement of Quantities Revision of Section 401 — Compaction of Hot Mix Asphalt Revision of Section 401 — Composition of Mixtures — Voids Acceptance Revision of Section 401 — Compaction Pavement Test Section (CTS) Revision of Section 401 — Temperature Segregation Revision of Sections 412, 601, and 711 - Liquid Membrane -Forming Compounds for Curing Concrete Revision of Section 601 — Portland Cement Concrete Pavement Finishing Revision of Section 601 — Concrete Batching Revision of Section 601 — Concrete Finishing Revision of Sections 627 and 708 — Pavement Marking with Waterborne Paint and Low VOC Solvent Base Paint Revision of Section 630 — Construction Zone Traffic Control Revision of Section 630 — Retroreflective Sheeting Revision of Section 630 — Retroreflective Sign Sheeting Revision of Section 703 — Aggregate for Hot Mix Asphalt Revision of Section 703 — Concrete Aggregates Revision of Section 712 — Geotextiles Revision of Section 712 — Water for Mixing or Curing Concrete Railroad Insurance 2 Date Page 63 (February 3, 2011) 64 (February 3, 2011) 65 (February 3, 2011) 66 (July 29, 2011) 67-68 (February 3, 2011) 69 (August 19, 2011) 70 (May 5, 2011) 71 (February 3, 2011) 72 (February 3, 2011) 73 (February 3, 2011) 74 (February 3, 2011) 75 (February 3, 2011) 76 (May 5, 2011) 77 (February 3, 2011) 78 (February 3, 2011) 79 (February 3, 2011) 80 (February 3, 2011) 81 (February 3, 2011) 82 (February 3, 2011 83 (February 3, 2011) 84 (June 16, 2011) 85 (July 28, 2011) 86 (July 28, 2011) 87 (February 3, 2011) 88 (February 3, 2011) 89-90 ' Harmony Road Maintenance Project College Avenue to Timberline Road NOTICE TO BIDDERS ' The proposal guaranty shall be a certified check, cashier's check, or bid bond in the amount of 5 percent of the Contractor's total bid. Pursuant to subsections 102.04 and 102.05, it is recommended that bidders on this project review the work site and plan details with an authorized City representative. Prospective ' bidders shall contact one of the following listed authorized City representatives at least 12 hours in advance of the time they wish to go over the project. ' Program Manager — Tim Kemp, PE Phone: (970) 416-2719 Engineering Department Fax: (970) 221-6378 City of Fort Collins email: tkemp(a)fcgov.com ' 281 North College Avenue Fort Collins, CO 80522-0580 ' Senior Buyer— John Stephen Phone: (970) 221-6777 Purchasing Department Fax: (970) 221-6707 City of Fort Collins email: jstephent7a fcgov.com ' The above referenced individuals are the only representatives of the City with authority to ' provide any information, clarification, or interpretation regarding the plans, specifications, and any other contract documents or requirements. ' Where reference is made in the plans and specifications to Owner, Department, Chief Engineer, Resident Engineer, Project Engineer, Engineer, and Inspection and Testing Agency it is understood to mean the City of Fort Collins, Colorado, representative. i 1 3 t Harmony Road Maintenance Project College Avenue to Timberline Road COMMENCEMENT AND COMPLETION OF WORK The Contractor shall commence work under the Contract by the City in the "Notice to Proceed" The Contractor shall complete all work in accordance with the Contract. Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.03 shall include the following: The Contractor's progress schedule shall consist of a Critical Path Method (CPM) schedule prepared using the Microsoft Project Software and submitted in hand and electronic formats. Salient features to be shown on the Contractor's Bar Chart Progress Schedule are: (1) Mobilization (2) Construction Surveying (3) Construction Traffic Control (4) Removals (5) Roadway Earthwork (6) Erosion Control (7) Curb, Gutter and Sidewalk (8) Asphalt Pavement (9) Irrigation (10) Seeding and Landscaping (11) Utility Coordination and Relocations 0 I 11 Harmony Road Maintenance Project College Avenue to Timberline Road SUMMARY OF WORK PART 1 GENERAL 1.25 Modifications to Time of Completion in the Approved Schedule A. The date of beginning and the time 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 "Normal' weather and climate conditions 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. 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. ' 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 excepted) 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 Engineer in writing of Harmony Road Maintenance Project College Avenue to Timberline Road 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. 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 work days 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. The Contractor's schedule must reflect the above -anticipated adverse weather delays on all weather -dependent activities. 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. 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. 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. 0 Harmony Road Maintenance Project College Avenue to Timberline Road REVISION OF SECTION 106 CONTROL OF MATERIAL ' Section 106 of the Standard Special Provisions is hereby revised for this project as follows: Subsection 106.05 shall include the following: ' For this project, Contractor process control testing of hot mix asphalt is voluntary. 7 Harmony Road Maintenance Project College Avenue to Timberline Road REVISION OF SECTION 109 ASPHALT CEMENT COST ADJUSTMENT Section 109 of the Standard Special Provisions is hereby revised for this project as follows: Subsection 109.06 shall include the following: Price adjustments will be paid for asphalt cement included in the work according to the following conditions: 1. Payment will be based upon the pay item quantities per the invoice for the following pay items when asphalt cement is included in the pay item: 403-01 Hot Mix Asphalt (Grading S) (100) (PG 64-28) (Modified Binder) 403-02 Hot Mix Asphalt (Grading SG) (100) (PG 58-28) 403-03 Hot Mix Asphalt (Hand Patching) 2. Price adjustments may be either positive or negative dollar amounts. The intent of the monthly price adjustment is to account for direct price increases or decreases due to asphalt cement costs only. Price adjustments will not be made for any other pay items contained within this Contract. Any asphalt cement price decreases will be passed on to the City in the form of a price reduction. 3. The Contractor will be paid the Contract Unit Price per Ton, as accepted on the Bid Tab, for the remainder of the first month for the "403" pay items. The first month of the project will be determined when the Notice to Proceed is issued by the City. 4. The vendor will be required to submit Hot Mix Asphalt (HMA) monthly price including the asphalt cement supplier quote for the upcoming month at least one week prior to, but no later than, the second to last business day of each month. It is anticipated that there will be two months where the Contractor is eligible to submit the "Asphalt Cement Cost Adjustment" documentation. 5. In the event that a vendor does not submit new monthly pricing, according to the above mentioned timeline for the upcoming month, no payment for "Adjustment" will be made for the upcoming month. 6. No payment will be made to the vendor without receipt of the asphalt cement suppliers' invoice as verification of the asphalt cement price deviation from the original per ton bid prices. The prices submitted for verification shall be for delivered asphalt cement for the respective month of invoicing. 7. Asphalt cement cost adjustment payment will not be made for any material placed after the expiration of the allotted Calendar Days per the terms of this Contract. 8. No payment will be made for any HMA material that does not meet the specifications, as determined by the Engineer. Harmony Road Maintenance Project College Avenue to Timberline Road REVISION OF SECTION 202 s REMOVAL OF ASPHALT MAT (SAWCUT) (FULL DEPTH) Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.01 shall include the following: This work includes removal and disposal of existing asphalt mat within the project limits as shown on the plans or at locations directed by the Engineer. In subsection 202.02 delete the seventh paragraph and replace with the following: The existing asphalt mat, which is anticipated to vary in thickness from 5.0 inches to 12.0 inches, shall be removed in a manner that minimizes contamination of the removed mat with underlying material. The removed mat shall become the property of the Contractor and shall be disposed of outside the project site. Subsection 202.11 shall include the following: The removal of the existing asphalt mat will be measured by the square yard of mat removed to the required depth and accepted. Sawcutting will not be paid separately and shall be included in the cost for removal of asphalt mat. Subsection 202.12 shall include the following: Payment will be made under: Pay Item Pay Unit Removal of Asphalt Mat (Sawcut) (Full Depth) Square Yard A" 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 I 1 Harmony Road Maintenance Project College Avenue to Timberline Road REVISION OF SECTION 202 REMOVAL OF ASPHALT MAT (PLANING) (0-4" DEPTH) REMOVAL OF ASPHALT MAT (PLANING) ADDITIONAL INCH THICKNESS REMOVAL OF ASPHALT MAT (PLANING) (TAPER 0-2" DEPTH) (6' WIDE) Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.01 shall include the following: The intent of this specification is to identify materials and methods for the planing (grinding) of existing pavement sections to remove the pavement to a specified depth, the removal and disposition of the ground material and the preparation of the surface of the base material disturbed by the grinding process. All workmanship and materials shall be in accordance with this specification. Subsection 202.09 shall include the following: All concrete marked for repair within areas marked for grinding (planing) shall be repaired prior to commencement of the grinding. The Contractor shall provide a smooth surface suitable for the installation of new pavement to follow. The finished surface shall be free from gouges, grooves, ridges, soot, oil film and other imperfections of workmanship. The completed ground surface shall have a uniform textured appearance. It is the intent of this specification that the finished cross section of the roadway will be improved to eliminate excessive crown, excessive lips at the gutter pan areas and that the overall ride quality of the roadway section will be improved. The existing pavement shall be ground to the depth specified. Allowable tolerance for the pavement removal shall be ±1/4 Inch from the specified depth. In areas where the grinding process disturbs the existing subgrade / base course, the Contractor shall utilize a rubber tired roller to re -compact the surface. This item will not be measured and paid for separately but shall be included in the price for Removal of Asphalt Mat (Planing). If, in the opinion of the City representative, the subgrade material / base course is unsuitable and will require additional grinding and / or excavation, the City will direct the Contractor to perform the work in accordance with the specification (Section 203 — Unclassified Excavation). Stockpiling of ground materials or cuttings shall not be permitted on the project site. All ground materials shall become the property of the City and shall be delivered by the Contractor to the City's site at 1500 Hoffman Mill Road. A grinding machine shall be used by the Contractor to perform the grinding operation. The equipment shall be self-propelled with sufficient power, traction and stability to maintain adequate depth of cut and slope. The equipment shall be capable of accurately and automatically establishing a finish profile grade along each edge of the machine within ±1/4 Inch of the specified depth. 10 1 Harmony Road Maintenance Project College Avenue to Timberline Road The grinding depth along the curb and gutter shall always be one (1) Inch greater than the specified depth. This item will not be measured and paid for separately but shall be included in the unit price for grinding to the specified depth. The grinding machine shall be equipped with an integral loading and reclaiming means to immediately remove the materials being cut from the surface of the roadway and discharge the cuttings into a truck, all in one operation. The machine shall be equipped with a means to control the dust created by the cutting action and shall meet or exceed all local, state and federal pollution laws. The Contractor shall also provide adequate backup equipment (mechanical street sweepers, loaders, water truck, etc.) and adequate personnel shall be provided to insure that all cuttings are removed from the roadway daily. It is the intent of this specification that the ground section will be paved back as follows: • On streets where the grinding depth is such that the aggregate base course is to be replaced, the aggregate base course shall be placed the same day as the grinding and the bituminous paving (first lift) within 48 hours of the grinding. • The City reserves the right to require that the ground section be paved back immediately in the case that the grinding work presents a safety hazard and / or inconvenience to the travelling public. • In the event that the ground section is not paved back the same day as the grinding, the Contractor shall provide access to the travelling public as directed by the City. • In the event that the ground section is not paved back the same day as the grinding, the Contractor shall be responsible for the protection of the subgrade / base course until subsequent courses have been placed. The City may require that the pavement grade operation be referenced from an independent grade control in those areas where the existing curb and gutter or roadway surfaces have deteriorated. ' In the event that the entire pavement width along a section of roadway has not been ground to a uniform surface by the end of the work period resulting in a vertical longitudinal face exceeding one (1) Inch in height, this longitudinal face shall be sloped in a manner acceptable to the City so as not to create a hazard to traffic using the roadway during periods when the construction is not in progress. Transverse faces that are present at the end of the working period shall be tapered at a 3:1 ratio (three Inches horizontally for each one Inch of vertical drop). The grinding machine shall not be operated within the close proximity to manholes, inlets, valve boxes and other obstructions that have not been lowered to avoid damage to these structures. (See Section 210 — Reset Structures for requirements for referencing structures during construction). The approaches to and from these structures shall be tapered to allow a smooth transition over these structures to accommodate traffic flow over the manhole, valve box or other obstruction. Allowable taper shall not be greater than one -quarter (1/4) Inch vertical rise per one (1) Foot distance from the structure. All curbs, gutters and other surfaces shall be cleaned of all debris and left in a neat and presentable condition at the end of each working day. The Contractor shall use all means necessary to prevent the spread of dust and debris during 11 Harmony Road Maintenance Project College Avenue to Timberline Road the performance of the work. Where equipment comes into contact with tree branches and other plant material, the Contractor shall exercise suitable caution to avoid damage to all trees, shrubs and other plant material. All trimming shall be performed under the direction of the City Subsection 202.11 shall include the following: The accepted quantities of Planing (Grinding) will be paid for at the contract unit price per square yard including haul. The removal of material in areas not accessible to the grinding machine will be paid for at the contract unit price for Planing. Removal of Asphalt Mat (Planing) (Taper 0-2" Depth) (6' Wide) shall consist of cold milling along the gutter at a depth of two (2) Inches tapered to a depth on the other side of the mill of zero (0) Inches. The width for Taper Planing shall be primarily six (6) Feet. Taper Planing shall be paid for at the contract unit price per lineal foot. Subsection 202.12 shall include the following: Payment will be made under: Pay Item Pay Unit Removal of Asphalt Mat (Planing) (04" Depth) Square Yard Removal of Asphalt Mat (Planing) Additional Inch Thickness Square Yard / Inch Removal of Asphalt Mat (Planing) (Taper 0-2" Depth) (6' Wide) Square Yard The above prices and payments shall include full compensation for furnishing labor, materials, tools, equipment, incidentals, all required traffic control devices, personnel and related traffic control incidentals for doing all work involved in the Planing (Grinding); including haul, complete - in -place, as shown in the contract documents and as directed by the City. 12 Harmony Road Maintenance Project College Avenue to Timberline Road REVISION OF SECTION 202 REMOVAL OF PAVEMENT MARKINGS Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.01 shall include the following: This work includes removal of existing and temporary pavement markings to the satisfaction of the Engineer. Subsection 202.05 shall include the following: Grinding is an acceptable method of removal for the existing pavement mat and / or asphalt patch areas. Removal of pavement markings will not be allowed on the final asphalt top mat. Subsection 202.12 shall include the following: Payment will be made under: Pay Item Pay Unit Removal of Pavement Markings Lump Sum 13 Harmony Road Maintenance Project College Avenue to Timberline Road REVISION OF SECTION 202 REMOVAL OF STRUCTURE (BRIDGE) Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.01 shall include the following: This work includes removal of the existing bridge (box culvert) under Lemay Avenue, north of Harmony Road, to the satisfaction of the Engineer. The existing bridge used to serve as a conveyance structure for the abandoned Dixon Lateral. The City's most recent inspection report for the structure is included as part of these specifications for reference material. The inspection was conducted on January 10, 2008. Removal operations shall be conducted so that there will be the least interference with public traffic using the structure. Subsection 202.02 shall include the following: At least 7 days before beginning the bridge removal the Contractor shall submit details of the removal to the Engineer. The details must include operations, methods and sequence of removal and equipment to be used. The demolition shall consist of removing all concrete, steel reinforcing, headwalls and debris comprised of the bridge deck, sides and bottom slab as directed by the Engineer. The removed structure shall become the property of the Contractor and shall be disposed of outside the project site. Subsection 202.12 shall include the following: Asphalt removal required for the bridge demolition will be paid for at the contract unit price for the pay item "Removal of Asphalt Mat (Sawcut) (Full Depth)". It is anticipated that the existing asphalt mat sits directly atop the bridge deck with an approximate thickness of 6.0 Inches. Excavation required for the bridge removal will be incidental to the pay item "Removal of Structure (Bridge)" and will not be paid for separately. Backfill used to fill the void up to the bottom of the proposed paving section will consist of suitable, on -site material as approved by the Engineer. The backfilling operation will be incidental to the pay item "Removal of Structure (Bridge)" and will not be paid for separately. Payment will be made under: Pay Item Removal of Structure (Bridge) W Pay Unit Lump Sum Harmony Road Maintenance Project College Avenue to Timberline Road REVISION OF SECTION 203 PROOF ROLLING Section 203 of the Standard Specifications is hereby revised for this project as follows: Subsection 203.13 shall include the following: Proof rolling will not be measured but shall be incidental to the work. Subsection 203.14 shall include the following: ' Proof rolling will not be paid for separately, but shall be included in the work. ' Pneumatic tire equipment and load required to achieve the desired weight will not be measured and paid for separately, but shall be included in the work. 15 Harmony Road Maintenance Project College Avenue to Timberline Road REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Section 203 of the Standard Specifications is hereby revised for this project as follows: Subsection 203.05 shall include the following: (h) Waste. Dispose of excess excavated material off the project site. Obtain disposal site and obtain all required permitting and environmental clearances necessary for disposal of excess excavated material. Subsection 203.13 shall include the following: (g) Waste. Waste will be measured in its original position by cross -sectioning the area excavated. When the excavation conforms to the staked lines and grades, use the original cross -sections and staked sections for the determination of quantities placed on -site and disposed of off -site as waste. Volumes will be computed from cross -sections by the average end area or other acceptable method. There will be no adjustment for swell of material to be hauled off the project as waste. Subsection 203.14 shall include the following: Payment will be made under: Pay Item Pay Unit Unclassified Excavation (Complete in Place) Cubic Yard Subsection 203.14 delete the sixth paragraph and replace with the following: Payment for Unclassified Excavation (Complete in Place) shall be full compensation for all work necessary to complete the item including construction of unclassified excavation, compaction, compaction of bases of cuts and fills, all work in available material pits, and disposal of excess excavated material as waste. The quantity of excavation and embankment will not be measured but will be the quantity designated in the Contract Documents unless field changes are ordered. If field changes are ordered, the quantity will be adjusted using the revised dimensions. The Engineer, prior to Contractor beginning the work, shall approve the additional or reduced volume of material in writing. 16 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Ll Harmony Road Maintenance Project College Avenue to Timberline Road REVISION OF SECTION 203 SHOULDERING (RECYCLED ASPHALT) (HAUL AND PLACE) Section 203 of the Standard Specifications is hereby revised for this project as follows: Subsection 203.13 shall include the following: Material used for the pay item "Shouldering (Recycled Asphalt) (Haul and Place)" will be provided, loaded and weighed by the City at the Hoffman Mill pit. Payment will be per ton of material delivered and placed on the project. This pay item also includes the distribution and fine grading of the recycled asphalt material. At a minimum, the shouldered area will be two (2) Feet wide by four (4) Inches thick. Field conditions may warrant a wider or thicker material placement as directed by the City. Subsection 203.14 shall include the following Payment will be made under: Pay Item Shouldering (Recycled Asphalt) (Haul and Place) 17 Pay Unit Ton Harmony Road Maintenance Project College Avenue to Timberline Road REVISION OF SECTION 207 TOPSOIL (STOCKPILE AND REDISTRIBUTE) Section 207 of the Standard Specifications is hereby revised for this project as follows: Subsection 207.01 is hereby revised to include the following: This work consists of removing existing on -site topsoil material, stockpiling the existing topsoil material and redistributing the existing topsoil material onto the re -graded slopes at a depth of 4 inches (minimum). The topsoil material shall be generally evenly distributed throughout the project limits. Any excess topsoil generated from this project shall be disposed of off -site and shall not be measured and paid for separately, but should be included in the cost of work. Subsection 207.03, paragraph 3 shall include: Per City Code, soil shall be loosened to a depth of not less than eight (8) inches. The Engineer shall be notified if this cannot occur due to existing conditions. Subsection 207.04 is hereby revised to include the following: Topsoil will not be remeasured, but payment shall be based on the quantity identified in the bid tabulation, unless the quantity of Topsoil is significantly changed during construction by an approved Change Order. Bid tabulation quantity is based on final in -place topsoil required to complete the construction. Haul required to redistribute stockpiled topsoil uniformly throughout the project limits shall not be measured and paid for separately, but shall be included in the work. Subsection 207.05 is hereby revised to include the following: The contract unit price for topsoil shall be full compensation for all work necessary to complete the item including removing existing on -site topsoil material, stockpiling the existing topsoil material, haul, redistributing the existing topsoil material onto the re -graded slopes. Payment will be made under: Pay Item Topsoil (Stockpile and Redistribute) m Pay Unit Cubic Yard I Harmony Road Maintenance Project College Avenue to Timberline Road REVISION OF SECTION 207 PRE -AMENDED TOPSOIL (MEDIAN) Section 207 of the Standard Specifications is hereby revised for this project as follows: Subsection 207.02 shall include the following: Topsoil for this project shall consist of fertile, friable, well -drained soil of uniform quality, free of stones over 1 inch diameter (screen as needed), sticks, oils, chemicals, plaster, concrete and other deleterious materials. A. Pre -amended Topsoil- Pre -amended topsoil shall have the following characteristics: 1. Shall have a range of three to four percent organic matter as determined by the ignition of a moisture free sample dried to determine loss in accordance with current methods of the Association of Official Agriculture Chemists. 2. Shall have a pH between 6.5 to 8.0. 3. Sodium Absorption Rate (SAR) and Electrical Conductivity (EC) readings are not to exceed three mmhos/cm. ' 4. Particle Sizes: Topsoil shall be loam to sandy loam. 5. Must be weed -free at the time of spreading operations. This can be achieved by following Subsection 217.03. ' B. Soil Amendment: Amended topsoil shall receive soil amendments at the following rate: 3 cubic yards per 1,000 square feet of organic amendment. The organic amendment shall include the following: ' An organic product containing a mixture of composted cow or sheep manure and wood residue that has been aerobically and naturally processed in such a manner as to maintain a consistent temperature of 60 degrees Celsius (140 degrees Fahrenheit) or greater for a Iperiod of time that is long enough to accomplish the following specifications: 1. The windrows of composted organic amendment (cow or sheep manure) have to be composted for 70 to 90 days. Certification must be provided to prove the product has gone through this process. 2. Eradicate harmful pathogens, including coliform bacteria. 3. Create a carbon to nitrogen ratio of no less than 1511 to 2511. 4. Contain no solid particle greater than 1 112 inch in diameter. 5. Have a non -offensive smell similar to fresh turned soil. 6. Contain no significant level of dirt or soil and contain a maximum of 30 percent composted wood residue (pine or aspen wood). The pH after composting shall be between 5.0 and 7.5 with an organic matter content of no less than 30 percent. The Contractor shall submit a 2 lb. sample of the product four weeks before its use on the project site for the Engineer's approval. A Certificate of Compliance shall be provided to the Engineer to verify the organic matter content, pH and carbon matter to nitrogen ratio. i 1 19 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. 20.0 TAXES. , OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the ' Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. ' 22.0 PURCHASING RESTRICTIONS. , Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions 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 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 Harmony Road Maintenance Project College Avenue to Timberline Road The Contractor shall submit two samples of topsoil to a soils laboratory for analysis. The cost of the test shall be at the Contractor's expense; the results will be submitted to the Engineer for review at least 60 days prior to placement. Based on the results, the Engineer can request soil amendments appropriate to have topsoil conform to these specifications at no cost to the project. The organic amendment shall be an organic product containing a mixture of composted cow or sheep manure and wood residue that has been aerobically and naturally processed in such a manner as to maintain a consistent temperature of 140 degrees Fahrenheit or greater for a period of time of 70 to 90 days, and be approved by the Engineer. Subsection 207.03 shall include the following: A. Stockpiled Topsoil Obtain an agricultural suitability analysis of proposed topsoil from an accepted, accredited Testing Agency and provide one (1) copy of test results direct to Engineer. Amend soils per analysis report. B. Weed Control Contractor shall employ pre -emergence weed control per Section 217. C. Fertilizers Commercial fertilizers recommended by the soil test lab may be used. See Section 212. D. Chemical Components The following additives may or may not be used depending on outcome of soils report. a) Ground Limestone: Agricultural limestone containing not less than 85% of total carbonates, ground to such fineness that 50% will pass #100 sieve and 90% will pass #20 sieve. b) Dolomite Lime: Agricultural grade mineral soil conditioner containing 35% minimum magnesium carbonate and 49% minimum calcium carbonate, 100% passing #65 sieve. c) Gypsum: Agricultural grade product containing 80% minimum calcium sulphate. d) Iron Sulfate (Ferric or Ferrous): Supplied by a commercial fertilizer supplier, containing 20% to 30% iron and 35% to 40% sulphur. e) Sulphate of Potash: Agricultural grade containing 50% to 53% of water-soluble potash. f) Single Superphosphate: Commercial product containing 20% to 25% available phosphoric acid. g) Ammonium Sulphate: Commercial product containing approximately 21% ammonia. h) Ammonium Nitrate: Commercial product containing approximately 34% ammonia. i) Calcium Nitrate: Agricultural grade containing 15-1/2% nitrogen. j) Urea Formaldehyde: Granular commercial product containing 38% nitrogen. 20 I Harmony Road Maintenance Project College Avenue to Timberline Road k) I.B.D.U. (Iso Butyldiene Diurea): Commercial product containing 31% nitrogen. 1) Soil Sulfur: Agricultural grade sulfur containing a minimum of 96% sulfur. m) Iron Sequestrene E. Cultivation of Existing Soil Trees to Remain: Hand cultivate within the dripline of existing trees to remain. Depth of cultivation shall not exceed 2 in. Cultivate immediately prior to amending existing soil. F. Spread soil for areas as follows: ' a) Perennial/Shrub areas: Minimum Depth of 18" b) Water Quality Pond/Dry-Land Grass: Minimum Depth of 4". Combine with amended native soil. 1 c) Landscape Parkway: Minimum Depth of 6". d) Tree Grates: Structural Soil, Minimum Depth of 3'-0" ' Topsoil shall be amended, as required, in accordance with laboratory Soil Analysis Report to provide satisfactory amended topsoil for planting. Ten days before notice to proceed, Contractor shall submit a weed mitigation plan to the ' Engineer for approval. This plan shall include a graphic time line showing milestone and completion dates of herbicide treatment, topsoil stockpiling, topsoil spreading and all seeding and planting times. Revise subsection 207.05 to include the following: The accepted quantities measured as provided above will be paid for at the contract unit price per cubic yard for each of the pay items listed below that appear in the bid schedule. Payment will be made under: ' Pay Item Pay Unit Pre -Amended Topsoil (Median) Cubic Yard Payment for topsoil shall include soil and all soil amendments required to produce satisfactory soil for planting. I 1 21 I Harmony Road Maintenance Project College Avenue to Timberline Road REVISION OF SECTION 210 RESET STRUCTURES Section 210 of the Standard Specifications is hereby revised for this project as follows: Subsection 210.02 is hereby revised to include the following: Manholes, valve boxes, meter boxes and all other similar structures located in a pavement shall be adjusted as noted below. Prior to beginning any construction on existing streets that will receive reconstruction and / or overlay, the Contractor shall mark paint on the curb and gutter for the location of all existing structures. Those markings shall be maintained by the Contractor until the work has been completed and accepted by the City. In those locations where curb and gutter does not exist, the Contractor will use another suitable method to identify existing structures as approved by the Engineer. The Contractor shall do all work needed to ensure that said structures can be readily adjusted and shall have all necessary materials on hand prior to commencing the work. The Contractor shall verify that all manholes and valve boxes can be adjusted prior to the overlay. In the event that can not be adjusted, or properly fitted with rings, the Contractor shall excavate and adjust prior to the overlay as noted below. All structures shall be adjusted to be 1/8 Inch to 1/2 Inch below the final pavement grade. In locations where a structure to be adjusted is surrounded by a concrete collar, the concrete collar shall be removed and replaced with Hot Mix Asphalt (HMA). HMA Grading SG shall be used in all locations except as noted below. In locations where a structure adjustment takes place and no overlay is scheduled, HMA Grading SG shall be placed in the bottom of the patches and shall be left one and one-half (1 ''/z) to two (2) Inches below the existing street surface to allow the patch to be "topped" with a surface course material. The "topping" material shall be HMA Grading S and paid for at the contract unit price per ton. Subsection 210.10 is hereby revised to include the following: The City shall determine the method of adjustment for each structure. Valve boxes shall be adjusted by one of the following methods: 1. Adjust by removing the existing pavement (concrete or asphalt), adjusting the valve by turning it to the proper grade, trimming the asphalt by cutting vertical edges, then spreading and mechanically compacting the HMA material. This item will be measured and paid for as "Adjust Valve Box", not including HMA material. 2. If the valve box cannot be turned up, or can be turned up but not sufficiently to achieve the proper grade or if the top section of the valve box is in poor condition, the Contractor shall excavate around the top section of the valve box and remove and replace the top section with a longer section, provided by the City and / or the Fort Collins -Loveland Water District. The excavation shall then be backfilled with Flowable Fill to the top of subgrade, and then material of the same grade and quality as the adjacent pavement shall be placed. A mix design for Flowable Fill shall be submitted and approved by the 22 Harmony Road Maintenance Project College Avenue to Timberline Road Engineer prior to starting work. This item will be measured and paid for as "Adjust Valve Box", not including HMA material. Flowable Fill will be incidental to "Adjust Valve Box" and will not be paid for separately. Flowable Fill shall be a Portland Cement Concrete Mix. The cement shall conform to the Standard Specification for Portland Cement, ASTM C 150-85, Type 1/II. The minimum 24 hour strength shall be 10 psi and the maximum 28 day strength shall be 60 psi. The maximum aggregate size shall be one (1) Inch. The minimum slump shall be six (6) Inches and the maximum eight (8) Inches. The Flowable Fill shall be consolidated with a mechanical vibrator. ' The Contractor shall exercise reasonable care while attempting to adjust the valve boxes. If the Contractor id negligent and breaks the valve box, said valve box shall be replaced at the Contractor's expense. Manholes shall be adjusted by one of the following methods: 1. Adjust by removing an area of pavement (concrete or asphalt) with a minimum diameter of one (1) Foot larger than the structure (centered on the structure) by cutting vertical edges, adjusting the manhole by grouting concrete rings and / or utilizing metal shims to raise the structure to the proper grade, then spreading and mechanically compacting ' HMA material. This item will be paid for under "Adjust Manhole", not including HMA material. ' 2. Adjust with adjusting rings. Standard / non-adjustable paving rings are not permitted on arterial streets, collector streets or within the wheel path of a travel lane. The Contractor shall verify that the manhole can properly be adjusted with a ring to the proposed grade prior to the overlay. The City may allow turnbuckle style paving rings that tighten into place securely. This item will be paid for under "Adjust Manhole", not including HMA material. When the manhole adjustment is complete, the slope of the top surface of the manhole cover shall match the slope of the pavement in both the longitudinal and transverse directions and the inside shall be grouted. Any manhole cover which is unstable or noisy under traffic shall be replaced by the Contractor. If a manhole or valve box is located in an area to be patched or cold milled, it may be adjusted as part of that operation utilizing one of the methods listed in the previous paragraphs. The adjustment will be paid for under the matching item. If the structure is adjusted during the grinding or patching operation, the Contractor shall place HMA material around the structure, as directed by the City, to ensure that it will not be a hazard to vehicular traffic. The Contractor shall be responsible for immediately cleaning out all construction materials that may fall into manholes, valve boxes or any other structure during the construction process. ' In the event that a structure was not properly adjusted (too high or too low), written notice will be given by the City to the Contractor requiring the Contractor to make the necessary adjustments within five (5) working days. In the event that the structure id not ' 23 11 Harmony Road Maintenance Project College Avenue to Timberline Road adjusted within said time frame, the City shall have the right to engage a third party to complete the work, and to withhold the cost of such work from payments due the Contractor. The City will also notify the Contractor in writing of any structures that were covered during the paving operation. The Contractor shall have five (5) working days to make said structure accessible or will be subject to the previous paragraph with respect to a third party completing the work. In the unlikely event that a structure is adjusted after the overlay is complete, the Contractor must exercise care as not to damage the new pavement surrounding the structure. The "topping" material shall be Grading S on arterial and collector streets. Grading SG shall be used for the bottom lifts as described in Revision of Section 403, Hot Mix Asphalt (Hand Patching). Subsection 210.12 is hereby revised to include the following: The accepted quantities of adjustments for Valve Boxes and Manholes will be paid for at the contract unit price per each. Flowable Fill, concrete, haul and disposal will not be measured and paid for separately, with this pay item, but shall be included in the contract unit price for each type of adjustment. Pay Item Adjust Valve Box Adjust Manhole <_ 24 Inch Adjust Manhole > 24 Inch 24 Pay Unit Each Each Each I I 1 I I Harmony Road Maintenance Project College Avenue to Timberline Road SECTION 212 TREE RETENTION AND PROTECTION Section 212 of the Standard Specifications is hereby revised for this project as follows: Subsection 212.01 shall include the following: Tree Retention and protection includes general protection and pruning of existing trees and plants that are affected by execution of the Work, whether temporary or permanent construction. The following definitions apply: 1) Caliper: Diameter of a trunk measured by a diameter tape or the average of the smallest and largest diameters at 6 inches above the ground for trees up to, and including, 4-inch size; and 12 inches above the ground for trees larger than 4-inch size. 2) Plant -Protection Zone: Area surrounding individual trees, groups of trees, shrubs, or other vegetation to be protected during construction, and indicated on Drawings. 3) Tree -Protection Zone: Area surrounding individual trees or groups of trees to be protected during construction, and defined by a circle concentric with each tree with a radius 1.5 times the diameter of the drip line unless otherwise indicated. 4) Vegetation: Trees, shrubs, groundcovers, grass, and other plants. Subsection 212.02 shall include the following: (d) Protection -Zone Fencing: Fencing fixed in position and meeting the following requirements. Previously used materials may be used when approved by Engineer. Plastic Protection -Zone Fencing: Plastic construction fencing constructed of high - density extruded and stretched polyethylene fabric with 2-inch maximum opening in pattern and weighing a minimum of 0.4 lb/ft.; remaining flexible from minus 60 to plus 200 deg F; inert to most chemicals and acids; minimum tensile yield strength of 2000 psi and ultimate tensile strength of 2680 psi; secured with plastic bands or galvanized -steel or stainless -steel wire ties; and supported by tubular or T-shape galvanized -steel posts spaced not more than 8 feet apart. a. Height: 4 feet b. Color: High -visibility orange, nonfading. Add Subsection 212.061 immediately following Subsection 212.06 212.061 Tree Retention and Protection ' A. SUBMITTALS 1) Samples for Verification: For each type of the following: a. Protection -Zone Fencing: Assembled Samples of manufacturer's standard size made from full-size components. 2) Existing Conditions: Documentation of existing trees and plantings indicated to remain, which establishes preconstruction conditions that might be misconstrued as damage caused by construction activities. a. Use sufficiently detailed photographs or videotape. 25 1 Harmony Road Maintenance Project College Avenue to Timberline Road b. Include plans and notations to indicate specific wounds and damage conditions of each tree or other plants designated to remain. B. QUALITY ASSURANCE 1) Preinstallation Conference: Conduct conference at Project site. a. Review methods and procedures related to temporary tree and plant protection including, but not limited to, the following: 1. Construction schedule. Verify availability of materials, personnel, and equipment needed to make progress and avoid delays. 2. Enforcing requirements for protection zones. 3. Field quality control. C. PROJECT CONDITIONS 1. The following practices are prohibited within protection zones: a. Storage of construction materials, debris, or excavated material. b. Parking vehicles or equipment. c. Foot traffic. d. Erection of sheds or structures. e. Impoundment of water. f. Excavation or other digging unless otherwise indicated. g. Attachment of signs to or wrapping materials around trees or plants unless otherwise indicated. 2. Do not direct vehicle or equipment exhaust toward protection zones. 3. Prohibit heat sources, flames, ignition sources, and smoking within or near protection zones and organic mulch. D. PREPARATION Locate and clearly identify trees, shrubs, and other vegetation to remain or to be relocated Tie a 1-inch blue -vinyl tape around each tree trunk at 54 inches above the ground. Protect tree root systems from damage caused by runoff or spillage of noxious materials while mixing, placing, or storing construction materials. Protect root systems from ponding, eroding, or excessive wetting caused by dewatering operations. E. TREE- AND PLANT -PROTECTION ZONES Protection -Zone Fencing: Install protection -zone fencing along edges of protection zones before materials or equipment are brought on the site and construction operations begin in a manner that will prevent people from easily entering protected. Construct fencing so as not to obstruct safe passage or visibility at vehicle intersections where fencing is located adjacent to pedestrian walkways or in close proximity to street intersections, drives, or other vehicular circulation. Maintain protection zones free of weeds and trash. Repair or replace trees, shrubs, and other vegetation indicated to remain or be relocated that are damaged by construction operations, in a manner approved by Architect. Maintain protection -zone fencing and signage in good condition as acceptable to Architect and remove when construction operations are complete and equipment has been removed from the site. ce 1 Harmony Road Maintenance Project College Avenue to Timberline Road ' 1) Do not remove protection -zone fencing, even temporarily, to allow deliveries or equipment access through the protection zone. F. EXCAVATION General: Excavate at edge of protection zones and for trenches indicated within protection zones according to requirements in Section 200 Earth Work. Trenching near Trees: Where utility trenches are required within protection zones, hand excavate under or around tree roots or tunnel under the roots by drilling, auger boring, or pipe jacking. Do not cut main lateral tree roots or taproots; cut only smaller roots that interfere with installation of utilities. Cut roots as required for root pruning. Redirect roots in backfill areas where possible. If encountering large, main lateral roots, expose roots beyond excavation limits as required to bend and redirect them without breaking. If encountered immediately adjacent to location of new construction and redirection is not practical, cut roots approximately 3 inches back from new construction and ' as required for root pruning. Do not allow exposed roots to dry out before placing permanent backfill. Provide temporary earth cover or pack with peat moss and wrap with burlap. Water and maintain in a moist condition. Temporarily support and protect roots from damage until they are permanently relocated and covered with soil. G. ROOT PRUNING Prune roots that are affected by temporary and permanent construction. Prune roots as Ashown on Drawings and as follows: 1. Cut roots manually by digging a trench and cutting exposed roots with sharp pruning instruments; do not break, tear, chop, or slant the cuts. Do not use a backhoe or 9 other equipment that rips, tears, or pulls roots. 3. Cut Ends: Coat cut ends of roots more than 1-1/2 inches in diameter with an emulsified asphalt or other coating formulated for use on damaged plant tissues and that is acceptable to landscape architect. 4. Temporarily support and protect roots from damage until they are permanently redirected and covered with soil. 5. Cover exposed roots with burlap and water regularly. 6. Backfill as soon as possible according to requirements in Section 200 Earth Work. Root Pruning at Edge of Protection Zone: Prune roots 12 inches outside of the protection zone, by cleanly cutting all roots to the depth of the required excavation. H. CROWN PRUNING Prune branches that are affected by temporary and permanent construction. Prune branches as shown on Drawings and as follows: 1. Pruning Standards: Prune trees according to ANSI A300 (Part 1) 1 27 Harmony Road Maintenance Project College Avenue to Timberline Road I. REGRADING Lowering Grade: Where new finish grade is indicated below existing grade around trees, slope grade beyond the protection zone. Maintain existing grades within the protection zone. Raising Grade: Where new finish grade is indicated above existing grade around trees, slope grade beyond the protection zone. Maintain existing grades within the protection zone. J. REPAIR AND REPLACEMENT General: Repair or replace trees, shrubs, and other vegetation indicated to remain or be relocated that are damaged by construction operations, in a manner approved by Architect. 1. Submit details of proposed root cutting and tree and shrub repairs. 2. Treat damaged trunks, limbs, and roots according to arborist's written instructions. 3. Perform repairs within 24 hours. 4. Replace vegetation that cannot be repaired and restored to full -growth status, as determined by Landscape Architect. Trees: Remove and replace trees indicated to remain that are more than 25 percent dead or in an unhealthy condition before the end of the corrections period or are damaged during construction operations that Landscape Architect determines are incapable of restoring to normal growth pattern. 1. Provide new trees of same size and species as those being replaced for each tree that measures 6 inches or smaller in caliper size. K. DISPOSAL OF SURPLUS AND WASTE MATERIALS Disposal: Remove excess excavated material, displaced trees, trash and debris, and legally dispose of them off Owner's property. Subsection 212.07 shall include the following: Tree retention and protection will not be measured, but will be paid for on a lump sum basis. The lump sum price bid will be full compensation for all work required to complete the item. Subsection 212.08 shall include the following: Payment will be made under: Pay Item Tree Retention and Protection 28 Pay Unit Lump Sum ' Harmony Road Maintenance Project College Avenue to Timberline Road SECTION 213 MULCHING Delete Standard Specification 213 and replace with the following: ISubsection 213.01 shall include the following: This work consists of furnishing and placing organic (wood chip) mulch in the planting beds and plant saucers, and furnishing and placing in -organic (rock) mulch over weed barrier, in accordance with the Contract or as directed. ' Subsection 213.02 shall include the following: (a) Organic Mulch (Wood Chips) Free from deleterious materials and suitable as a top dressing of trees and shrubs, consisting of the following: Ground or shredded — no weed barrier required. Organic mulch material to be provided by the City of Fort Collins Forestry Division, located at Parks Maintenance Shop, 413 S. Bryan Avenue (near the City Park Golf Course), Fort Collins, 80521. Contact the City Forester (Tim Buchanan) at 970.221.6361, to schedule material pickup. City will load the material into the Contractors vehicle for transport to the site. . Contractor's itemized pricing to include Contractor pickup at the above address, hauling material to the site and installation only. (b) Inorganic Mulch (Rock) Hard, durable stone, washed free of loam, sand, clay, and other foreign substances, of following type, size range, and color (weed barrier required): Rounded river rock / cobble, Size Range: 50% 1 Yz" 30" 3" to 6" 20% 6" to 12" Color: Tan -beige color range. (No pinks, blacks, reds or whites). (c) Weed Control Barriers Mirafi 140, Typar 3341, or Polyspun 300 or approved equivalent. ' The Contractor shall submit a sample to the Engineer for approval at least 30 days prior to placing on the project. (d) Landscape Boulder All boulders are to be Buff Sandstone Slab Boulders. Two sizes are required per the ' Landscape Plan design, as follows: 24" Wide x 36" Long x 18" High (6 Each) 30" Wide x 48" Long x 24" High (15 Each) 1 29 I SECTION 00300 BID FORM [1 I I I I L L 1 Harmony Road Maintenance Project College Avenue to Timberline Road Subsection 213.03 shall include the following: (a) General Areas not properly mulched, or areas damaged due to the Contractor's negligence, shall be repaired and remulched as described above, at the Contractor's expense. Mulch removed by circumstances beyond the Contractor's control shall be repaired and remulched as ordered. Payment for this ordered corrective work shall be at the contract prices. The Engineer may order test sections be established for adjusting the mulching equipment to assure conformance with the specified application rate. The Engineer may order equipment readjustment at any time. (b) Organic (Wood Chip) Mulch A 4-inch layer, unless otherwise shown in the plans, of wood chip mulch shall be uniformly applied to all planting beds as shown on the plans or as directed. Wood chip mulch shall be placed in all tree and shrub saucers in seeded areas. Wood chip mulch shall be capable of matting together to resist scattering by the wind. (c) In -Organic (Rock) Mulch A minimum 3-inch layer of rock mulch placed as shown on plans over weed control barrier. (d) Landscape Boulder The landscape boulders shall be placed in accordance with these specifications and the plans included as part of the Contract Documents. Set a minimum of six (6) Inches into finished grade and placed so that the top face of boulder is horizontal. Subsection 213.05 shall include the following: The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Payment will be made under Pay Item Pay Unit Mulching (Weed Free Hay) Acre Mulching (Wood Chip) Square Foot Inorganic Mulch (Rock) (1 '/2 Inch) Square Foot Inorganic Mulch (Rock) (3 -6 Inch) Square Foot Inorganic Mulch (Rock) (6 -12 Inch) Square Foot Landscape Weed Barrier Fabric Square Yard Landscape Boulder Each 30 I ' Harmony Road Maintenance Project College Avenue to Timberline Road SECTION 214 1 PLANTING Section 214 of the Standard Specifications is hereby revised for this project as follows: In subsection 214.01, include the following: Definitions Backfill: The earth used to replace or the act of replacing earth in an excavation. Balled and Burlapped Stock: Exterior plants dug with firm, natural balls of earth in ' which they are grown, with ball size not less than diameter and depth recommended by ANSI Z60.1 for type and size of tree or shrub required; wrapped, tied, rigidly supported, and drum laced as recommended by ANSI Z60.1. Balled and Potted Stock: Exterior plants dug with firm, natural balls of earth in which they are grown and placed, unbroken, in a container. Ball size is not less than diameter and depth recommended by ANSI Z60.1 for type and size of exterior plant required. Clump: Where three (3) or more young trees were planted in a group and have grown together as a single tree having three (3) or more main stems or trunks. Container -Grown Stock: Healthy, vigorous, well -rooted exterior plants grown in a container with well -established root system reaching sides of container and maintaining a firm ball when removed from container. Container shall be rigid enough to hold ball shape and protect root mass during shipping and be sized according to ANSI Z60.1 for type and size of exterior plant required. Finish Grade: Elevation of finished surface of planting soil. O Multi -Stem: Where three or more main stems arise from the ground from a single root crown or at a point right above the root crown. Sub -grade: Surface or elevation of subsoil remaining after completing excavation, or top surface of a fill or backfill, before placing planting soil. Sub -soil: All soil beneath the topsoil layer of the soil profile, and typified by the lack of organic matter and soil organisms. Submittals Product Data for each type of product indicated. Samples for Verification: For each of the following: 1 lb. of in -organic (rock) mulch for each type, color and texture of stone required, in labeled plastic bags. Provide name of Supplier and product name. Samples of proposed organic mulch type NOT required. Material specified shall be provided by the City of Fort Collins Forestry Division. See Section 213 Mulches for additional information. 31 I Harmony Road Maintenance Project College Avenue to Timberline Road Pre -Amended Topsoil: Submit sample in a plastic baggie. Provide product type, supplier and phone number. Product delivered to site shall match the submitted sample. Submit delivery receipts to Owner's Representative for review. Organic Amendment: Submit sample in a plastic baggie. Product delivered to site shall match the submitted sample. Submit organic amendment delivery receipts to Owner's Representative for review. Organic Amendment Analysis: Submit copies of amendment analysis from qualified soil testing laboratory. Weed barrier: Submit brand name and model number/name of proposed weed barrier to be used. Tree Stakes, Webbing and Rubber Protective Cap: Submit sample of each Product Certificates: For each type of manufactured product, from Manufacturer, and complying with the following: Manufacturer's certified analysis for standard products. Analysis of other materials by a recognized laboratory made according to methods established by the Association of Official Analytical Chemists, where applicable. Planting Schedule: Indicating anticipated planting dates for exterior plants. Cleanup and Protection During planting, keep adjacent paving and construction clean and work area in an orderly condition. Protect exterior plants from damage due to landscape operations, operations by other contractors and trades, and others. Maintain protection during installation and maintenance periods. Treat, repair, or replace damaged plantings. Project Record (As -Built Drawing) Maintain one (1) complete set of contract documents on site. Keep documents current. Record changes in location, quantity and species of plant material. Submit corrected drawings to the Owner's Representative prior to final inspection. Disposal Remove surplus soil and waste material, including excess subsoil, unsuitable soil, trash, and debris, and legally dispose of them off Owner's property. In subsection 214.02, include the following: Installer Qualifications: A qualified landscape installer whose work has resulted in successful establishment of exterior plants. Installer's Field Supervision: Require Installer to maintain an experienced full-time supervisor on Project site when planting is in progress. 32 I R I i I 1, 11 1 1 I I I I I Harmony Road Maintenance Project College Avenue to Timberline Road The City of Fort Collins' Forestry Department Representative will observe trees and shrubs either at place of growth and/or at site before planting for compliance with requirements for genus, species, variety, size, and quality. Representative retains right to observe trees and shrubs further for size and condition of balls and root systems, insects, injuries, and latent defects and to reject unsatisfactory or defective material at any time during progress of work. Remove rejected trees or shrubs immediately from Project site. Notify Forestry Department Representative of sources of planting materials seven (7) days in advance of delivery to site. In Subsection 214.02, delete paragraph three and replace with the following: Measure trees and shrubs according to ANSI Z60.1 with branches and trunks or canes in their normal position. Do not prune to obtain required sizes. Take caliper measurements 6 inches above the ground for trees up to four -inch (4") caliper size, and twelve inches (12") above the ground for larger sizes. Measure main body of tree or shrub for height and spread; do not measure branches or roots tip -to -tip. In Subsection 214.02, delete paragraph seven and replace with the following: Before any substitutions of Contractor -furnished plant material will be considered, the Contractor shall make inquiries of all commercial sources at their disposal. Written statements concerning the availability of the plant species and sizes designated on the plans shall be obtained. If the designated plant species are available in a size different than indicated on the plans, this information shall be included in the statement. If the Contractor fails to locate the designated plant species (or size), the Contractor shall make inquiries of all sources designated by the Engineer. Written statements concerning the availability of plant species and sizes shall be submitted by the Contractor to the Engineer 60 days prior to the planting season. Substitutions of other sizes or species will be considered only after such statements have been submitted or when all sources have been exhausted. In Subsection 214.02, include the following under paragraph twelve: (e) Tree and Shrub Material: Furnish nursery -grown trees and shrubs complying with ANSI Z60.1, with healthy root systems developed by transplanting or root pruning. Provide well -shaped, fully branched, healthy, vigorous stock free of disease, insects, eggs, larvae, and defects such as knots, sun scald, injuries, abrasions, and disfigurement. Provide trees and shrubs of sizes, grades, and ball or container sizes complying with ANSI Z60.1 for types and form of trees and shrubs required. Trees and shrubs of a larger size may be used if acceptable to Owners Representative, with a proportionate increase in size of root -balls. Furnish trees and shrubs with root -balls measured from top of root -ball, which shall begin at root flare according to ANSI Z60.1 (f) Street and Flowering Trees: Street Trees: Single -stem trees with straight trunk, well-balanced crown, and intact leader, of height and caliper indicated, complying with ANSI Z60.1 for type of trees required. Provide balled and burlapped, spaded trees as specified on the Plant List on the Drawings. Ornamental Trees: Branched or pruned naturally according to species and type, with relationship of caliper, height, and branching according to ANSI Z60.1; stem form as follows: Stem Form shall be Single trunk or Multi - trunk clump. Provide balled and burlapped, container -grown, spaded trees as specified. 33 I Harmony Road Maintenance Project College Avenue to Timberline Road (g) Deciduous Shrubs: Furnish shrubs with not less than the minimum number of canes required by and measured according to ANSI Z60.1 for type, shape, and height of shrub. Provide container -grown shrubs. (h) Ornamental Grasses: Provide healthy, disease -free plants of species and variety shown or listed, with well -established root systems reaching to sides of the container to maintain a firm ball, but not with excessive root growth encircling the container. Provide only plants that are acclimated to outdoor conditions before delivery. Plants shall be healthy, field -grown plants from a commercial nursery, of species and variety shown or listed, complying with requirements in ANSI Z60.1. (i) Trunk Wrap Tape: Two (2) layers of crinkled paper cemented together with bituminous material, 4-inch wide minimum, with stretch factor of thirty-three percent (33%). Inspect tree trunks for.injury, improper pruning, and insect infestation; take corrective measures required before wrapping. Wrap all deciduous single trunk trees with trunk -wrap tape in the Autumn of the year installed. Start at base of trunk and spiral cover trunk to height of first branches. Overlap wrap, exposing half the width, and securely attach without causing girdling. Trunk wrap should be completely removed by April 15 the following year. In Subsection 214.03(a), delete the second paragraph and replace with the following: Areas to be planted shall be brought to the lines and grades designated and approved. The locations of trees and shrubs on the planting plans are approximate. The Contractor shall stake locations as accurately as possible. All locations and layouts shall be approved by Landscape Architect before preparatory work for planting is started. Locations of all trees in grates are to be laid out exactly, based on the drawings. Proceed with planting only when existing and forecasted weather conditions permit planting to be performed according to written instructions and warranty requirements. Plant trees and shrubs after finish grades are established and before native seeding unless otherwise acceptable to Owner's Representative. When planting trees and shrubs after native seeding has been completed, protect areas and promptly repair damage caused by planting operations. Subsection 214.03(b) shall include the following: Planting pits for trees within sidewalks shall be dug the entire width of the tree grates and the depth of the root ball. A 4'-0" wide by 8'-0" long by 6 1/2-foot deep hole shall be dug or augured at the bottom of the planting pit for drainage. Place tree so that the tree sits in center of tree grate. Place tree for approval prior to backfilling. After approval of placement, continue planting and backfilling operations. Subsection 214.03(c) delete the second paragraph and replace with the following: For the installation of trees: Before planting, verify that root flare is visible at top of root ball according to ANSI Z60.1. Set balled and burlapped stock plumb and in center of pit or trench with top of root ball two inches (2") adjacent finish grades. 34 ' Harmony Road Maintenance Project College Avenue to Timberline Road Remove burlap from tops of root -balls and partially from sides, but do not remove from 1 under root -balls. Remove entire wire basket. The process is as follows: 1) the bottom of the basket is cut off prior to setting the tree in the planting pit; and 2) once the tree is in the pit, carefully cut and remove the remainder of the wire basket. If the root -ball seems unstable, the wire basket may be left on and used to place the tree in the planting pit; however, once in the pit, the top half of the wire basket must be removed. Remove pallets, if any, before setting. Do not use planting stock if root -ball is cracked or broken before or during planting operation. Place planting soil mix around root ball in layers, tamping to settle mix and eliminate voids and air pockets. When pit is approximately one-half backfilled, water thoroughly before placing remainder of backfill. Repeat watering until no more water is absorbed. Water again after placing and tamping final layer of planting soil mix. ' Set container -grown stock plumb and in center of pit or trench with top of root ball two inches (2") above adjacent finish grades. Carefully remove root ball from container without damaging root ball or plant. Place planting soil mix around root ball in layers, tamping to settle mix and eliminate voids and air pockets. When pit is approximately one-half backfilled, water thoroughly before placing remainder of backfill. Repeat watering until no more water is absorbed. Water again after placing and tamping final layer of planting soil mix. For the installation of plants: Prior to planting, stake, flag, or paint proposed beds scaling off the plans to determine bed configuration and size. Contact the Owner's Representative for review of extent and configuration. Layout all planting pots prior to planting. Space plants equally within beds to ensure a uniform appearance. Remove all pots prior to planting including peat pots. Plant all plant material so that the plants are flush with finish grade (top of mulch) when complete. This will require slightly mounding each plant. Lightly compact soil around base of plant to ensure adequate root/ soil contact. Do not vigorously compact. Re-establish fine grade by hand raking or smoothing grade by hand prior to placing mulch. Apply specified mulch taking care not to damage plants. Clear excess mulch from plant foliage. Subsection 214.03(e) shall include the following: Remove only dead, dying, or broken branches. Do not prune for shape. Do not prune trees without prior approval of a City Forester. ' Subsection 214.03 shall include the following: j.) Tree Grates and Frames. Standard size, 4'x8'. Finish: powder coat finish dark gray. Set grate segments flush with adjoining surfaces as shown on Drawings. Shim from supporting substrate with soil -resistant plastic. Maintain a 3-inch- minimum growth radius around base of tree; break away units of casting, if necessary, according to manufacturers written instructions. ' Subsection 214.04 shall be deleted and replaced with the following: ' The Contractor shall be responsible for the following: 1 35 I Harmony Road Maintenance Project College Avenue to Timberline Road Abiding by Section 00700 "General Conditions" as it pertains to the Correction Period associated with landscape maintenance. After all planting on the project is complete, a plant inspection shall be held including the Contractor, Engineer and Landscape Architect to determine acceptability of plant material. During inspection, an inventory of rejected material will be made, and corrective and necessary cleanup measures will be determined. From the time of installation, during construction, and throughout the Correction Period, the Contractor shall maintain all plant material, sodded and seeded areas in a healthy and vigorous growing condition, and ensure the successful establishment of vegetation. During the Correction Period, the Contractor shall water, cultivate, and prune the plants, and repair, replace or readjust guy material. The Contractor shall also remove weeds from plant beds and saucers, maintain specified depths of mulching material and fertilize via a root feeder during the spring of each growing season. Dead, dying or rejected material shall be removed during the Correction Period as directed. Plant replacement shall be performed during the spring planting seasons at the beginning and end of the Correction Period. Plant replacement stock shall be planted in accordance with the Contract and is subject to all requirements specified for the original material. Plant replacement shall be at the Contractor's expense. An inspection will be conducted by the Contractor, Engineer and Landscape Architect, 12 months after the beginning of the Correction Period in order to determine acceptability. Plant replacements determined to be necessary at this inspection will be planted within 30 days following the inspection. A second inspection to determine acceptability will be conducted no later than 23 months following the beginning of the Correction Period. Plant replacements determined to be necessary at this second inspection will be planted within 30 days following the inspection. Following any necessary plant replacements, the Contractor, Engineer and Landscape Architect will conduct a final inspection in order to close the Correction Period. The Contractor shall remove all guying wires, straps and stakes from the plant material prior to this final inspection. The trees planted by the Contractor shall be watered twice per month at the rate of 30 gallons per tree per watering event for the months May through October, or as needed. The trees shall also be watered once per month at the rate of 30 gallons per tree for the months November through April, or as needed. The shrubs planted by the Contractor shall be watered twice per month at the rate of 10 gallons per shrub per watering event for the months May through October, or as needed. The shrubs shall also be watered once per month at the rate of 10 gallons per shrub for the months November through April, or as needed. Prior to the beginning of the Correction Period, a watering schedule listing the calendar days chosen to complete the required watering shall be submitted to facilitate inspections by the City/Engineer. The Contractor shall submit the desired watering schedule for all plant material for the months of May through October when the irrigation is on so the schedule can be programmed into the central computer. The Engineer shall be notified in advance each month when each of the winter watering is to be done. IMS I ' Harmony Road Maintenance Project College Avenue to Timberline Road The Contractor shall keep a project journal documenting all landscape and irrigation maintenance activities including work locations and time spent. The Contractor shall provide copies of the journal to the Engineer upon request. The Contractor shall shield guy wires from trees with white PVC tubing to make the wire visible for pedestrians and bicyclists - the cost to be included in the cost of the plants. The Contractor t shall maintain staking and guying until the end of the Correction Period. The Contractor shall remove all guying wire, straps and stakes at the end of the Correction Period. The Contractor shall obtain inspection and approval of all plant material by owner's ' representative at the nursery or on -site prior to planting. All plant material shall meet the ANSI Z60.1-2004 American Standards for Nursery Stock. ' Plants with disease or insects are not permitted. Plants with wounded or broken branches will be rejected. Trees with co -dominant leaders or poor form will be rejected. Trees with girdling roots visible at the surface of the ball will be rejected. ' Subsection 214.05 shall include the following: Packaged Materials: Deliver packaged materials in original, unopened containers showing weight, certified analysis, name and address of manufacturer, and indication of conformance with state and federal laws if applicable. Bulk Materials: Do not dump or store bulk materials near structures, utilities, walkways and pavements, or on existing turf areas or plants. 1 Provide erosion -control measures to prevent erosion or displacement of bulk materials, discharge of soil -bearing water runoff, and airborne dust reaching adjacent properties, water conveyance systems, or walkways. 1 Accompany each delivery of bulk fertilizers, lime, and soil amendments with appropriate certificates. Do not prune trees and shrubs before delivery. Protect bark, branches, and root systems from sun scald, drying, wind burn, sweating, whipping, and other handling and tying damage. Do not bend or bind -tie trees or shrubs in such a manner as to destroy their natural shape. ! Provide protective covering of plants during shipping and delivery. Do 1 not drop plants during delivery and handling. Handle planting stock by root ball. Deliver plants after preparations for planting have been completed, and install immediately. If planting is delayed more than six hours after delivery, set plants and trees in their appropriate aspect (sun, filtered sun, or shade), protect from weather and mechanical ' damage, and keep roots moist. Set balled stock on ground and cover ball with soil, peat moss, sawdust, or other acceptable material. ' Do not remove container -grown stock from containers before time of planting ' 37 I Harmony Road Maintenance Project College Avenue to Timberline Road Water root systems of plants stored on -site deeply and thoroughly with a fine -mist spray. Water as often as necessary to maintain root systems in a moist, but not overly -wet condition. Subsection 214.06 shall include the following: Pay Item Pay Unit Deciduous Tree (3 Inch Caliper) Each Evergreen Tree (6 Foot Height) Each Evergreen Tree (20 Gallon) Each Deciduous Tree (6 Foot Clump) Each Deciduous Tree (8 Foot Clump) Each Deciduous Tree (10 Foot Clump) Each Shrub (5 Gallon Container) Each Perennials and Ornamental Grasses (1 Gallon Container) Each Water required for all items of work will not be measured and paid for separately, but shall be included in the work. Payment shall be full compensation for all work necessary to complete the item. Landscape maintenance performed during construction will not be measured and paid for separately, but shall be included in the work. ffJ 1 1 1 1 1 1 1 1 1 1 1 1 i� 1 1 1 Harmony Road Maintenance Project College Avenue to Timberline Road REVISION OF SECTION 403 HOT MIX ASPHALT Section 403 of the Standard Specifications is hereby revised for this project as follows: Subsection 403.02 shall include the following: The design mix for hot mix asphalt shall conform to the following: Table 403-1 Value For Grading SG(100) S(100) Patching Property Test Method Air Voids, percent at: CPL 5115 N (design) 3.5 — 4.5 3.5 — 4.5 3.5 — 4.5 Lab Compaction (Revolutions): CPL 5115 100 100 100 N desi n Stability, minimum CPL 5106 30 30 30 Aggregate Retained on the 4.75 mm (No. 4) Sieve with at least 2 CP 45 90 60 60 Mechanically Induced fractured faces, % minimum Accelerated Moisture Sus- CPL 5109 ceptibility Tensile Strength Ratio Method B 80 80 80 Lottman , minimum Minimum Dry Split Tensile CPL 5109 205 (30) 205 (30) 205 (30) Strength, kPa(psi) Method B Grade of Asphalt Cement, Top PG 64-28 PG 58-28 Layer Grade of Asphalt Cement, PG 58-28 PG 58-28 PG 58-28 Layers below To Voids in the Mineral Aggregate CP 48 See Table See Table See Table VMA % minimum 403-2 403-2 403-2 Voids Filled with Asphalt (VFA), Al MS-2 65-75 65-75 65-75 Dust to Asphalt Ratio 0.6 — 1.2 0.6 — 1.2 0.6 — 1.2 Fine Gradation CP 50 0.8 — 1.6 0.8 — 1.6 0.8 — 1.6 Coarse Gradation Note: Al MS-2 = Asphalt Institute Manual Series 2 Note: The current version of CPL 5115 is available from the Region Materials Engineer. Note: Mixes with gradations having less than 40% passing the 4.75 mm (No. 4) sieve shall be approached with caution because of constructability problems. Note: Gradations for mixes with a nominal maximum aggregate size of one -inch or larger are considered a coarse gradation if they pass below the maximum density line at the #4 screen. Gradations for mixes with a nominal maximum aggregate size of inch or smaller are considered a coarse gradation if they pass below the maximum density line at the #8 screen. 39 SECTION 00300 BID FORM PROJECT: 7366 Harmony Road Maintenance Project — College Avenue to Timberline Road Place: City of Fort Collins Date: April 17, 2012 In compliance with your Invitation to Bid dated , 20 and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of 5% (S ) 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: Liberty mutual Insurance Co. 10735 David Taylor Dr. , Suite 400, Charlotte, N.C. 28262 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 Harmony Road Maintenance Project College Avenue to Timberline Road All mix designs shall be run with a gyratory compaction angle of 1.25 degrees and properties must satisfy Table 403-1. Form 43 will establish construction targets for Asphalt Cement and all mix properties at Air Voids up to 1.0 percent below the mix design optimum. Table 403-2 Minimum Voids in the Mineral Aggregate (VMA) Nominal ***Design Air Voids ** Maximum Size*, mm (inches) 3.5% 4.0% 4.5% 37.5 (1'/z) 11.6 11.7 11.8 25.0(1) 12.6 12.7 12.8 19.0 ('/<) 13.6 13.7 13.8 12.5 ('/z) 14.6 14.7 14.8 9.5 ('/%) 15.6 15.7 15.8 * The Nominal Maximum Size is defined as one sieve larger than the first sieve to retain more than 10%. ** Interpolate specified VMA values for design air voids between those listed. *** Extrapolate specified VMA values for production air voids beyond those listed. The Contractor shall prepare a quality control plan outlining the steps taken to minimize segregation of HMA. This plan shall be submitted to the Engineer and approved prior to beginning the paving operations. When the Engineer determines that segregation is unacceptable, the paving shall stop and the cause of segregation shall be corrected before paving operations will be allowed to resume. Hot mix asphalt for patching shall conform to the gradation requirements for Hot Mix Asphalt (Grading SG). A minimum of 1 percent hydrated lime by weight of the combined aggregate shall be added to the aggregate for all hot mix asphalt. Acceptance samples shall be taken. Subsection 403.03 shall include the following: The Contractor shall use an approved anti -stripping additive. The amount of additive used shall be a minimum of 0.5 percent by weight of the asphalt cement. The additive shall be added at the refinery or at the hot plant. If liquid anti -stripping additive is added at the plant, an approved in -line blender must be used. The blender shall be in the line from the storage tank to the drier drum or pugmill. The blender shall apply sufficient mixing action to thoroughly mix the asphalt cement and anti -stripping additive. Delete subsection 403.05 and replace with the following: 40 ' Harmony Road Maintenance Project College Avenue to Timberline Road The accepted quantities of hot mix asphalt will be paid for in accordance with subsection 401.22, at the contract unit price per ton for the bituminous mixture. ' Payment will be made under: Pay Item Pay Unit Hot Mix Asphalt (Grading S) (100) (PG 64-28) (Modified Binder) Ton Hot Mix Asphalt (Grading SG) (100) (PG 58-28) Ton Aggregate, asphalt recycling agent, additives, hydrated lime, and all other work necessary to ' complete each hot mix asphalt item will not be paid for separately, but shall be included in the unit price bid. When the pay item includes the PG binder grade, the asphalt cement will not be measured and paid for separately, but shall be included in the work. When the pay item does ' not include the PG binder grade, asphalt cement will be measured and paid for in accordance with Section 411. Asphalt cement used in Hot Mix Asphalt (Patching) will not be measured and paid for separately, but shall be included in the work. ' Excavation, preparation, and tack coat of areas to be patched will not be measured and paid for separately, but shall be included in the work. 41 Harmony Road Maintenance Project College Avenue to Timberline Road REVISION OF SECTION 403 HOT MIX ASPHALT (HAND PATCHING) Section 403 of the Standard Specifications is hereby revised for this project as follows: Subsection 403.01 is revised to include the following: This work shall consist of excavating pavement areas to the specified depth, preparing the subgrade, and placing Hot Mix Asphalt (HMA) in accordance with these specifications, and in reasonably close conformity with the lines, grades, thickness and typical cross sectioning shown on the plans or established. Subsection 403.02 is revised to include the following: The materials shall conform to the requirements of Revision of Section 403 — Hot Mix Asphalt found herein; Subsection 403.03 is revised to include the following: Patching will be accomplished in the following manner: A straight vertical cut shall be made through the pavement to provide a square rectangular opening, such that each edge of the finished patch will be parallel or at right angles to the direction of traffic. Wheel cutting shall not be allowed. All patches placed in pavement not to be overlayed shall be saw cut. If, in the opinion of the City, the subgrade material for the patch is unsuitable, it shall be removed to the limits and depths designated. If asphalt is to be placed in the extra depth, the Contract Unit Price for Patching shall be used for measurement and payment. If the deepened section is to be filled with subbase material, the excavation will be measured and paid for under Unclassified Excavation (Complete in Place). The Contractor shall be responsible for the protection of the subgrade / base course until subsequent courses have been placed. After the excavation has been completed, the Contractor shall prepare the subgrade by utilizing a vibratory plate, roller, or other compaction device approved by the City. After the area to be patched is prepared, the Contractor shall place emulsified asphalt tack coat on all pavement cut surfaces and on the lip of exposed gutter and crosspan faces that abut these paving areas. Emulsified Asphalt for tack coat shall be grade CSS-1 H. The tack coat shall consist of a 1:1 dilution (one part emulsified asphalt to one part water). The application rate for tack coat shall be approximately 0.1 gallons per square yard. Grading SG shall be used in all locations except in locations where patching takes place and no overlay is scheduled. Grading SG shall be placed in the bottom of the patches and shall be left one and one-half (1 %) Inches to two (2) Inches below the existing street surface to allow the patch to be 42 Harmony Road Maintenance Project College Avenue to Timberline Road "topped" with a surface course material. The "topping" material shall be HMA Grading S. HMA used for "topping" material will be measured and paid for at the Contract Unit Price for Patching. In locations where concrete repairs take place in an area of a large patch or in grind areas and the grind operation does not immediately follow the concrete repair within three (3) days, the Contractor shall remove no more than six (6) Inches of pavement. The pavement areas shall be temporarily patched with a minimum of two (2) Inches of asphalt. These locations shall be paid under the Contract Unit Price for Patching. Regardless of the delivery temperature, the mixture shall not be placed for use on the roadway at a temperature lower than two hundred twenty-five degrees Fahrenheit (225 ° F). Pavement areas to be replaced adjacent to concrete repairs shall be as soon as schedule permits. Areas requiring reduction in the quantity for Patching shall be deducted from the pay quantity using the following formula: Deduct 0.054 Tons per Square Yard Inch. Subsection 403.04 is revised to include the following: Patching will be measured and paid for at the Contract Unit Price per Ton. Pavement cutting, excavation, subgrade preparation, haul, disposal and bituminous materials will not be measured or paid for separately, but shall be included in the Contract Unit Price for Patching. Subsection 403.05 is revised to include the following: Work performed and materials furnished as prescribed by this item and measured as provided under "Measurement' will be paid for as follows: Pay Item Hot Mix Asphalt (Hand Patching) Pay Unit Ton The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in Patching; including pavement cutting, excavation, haul, disposal, surface preparation, traffic control devices, personnel and related traffic control incidentals and bituminous materials, complete -in - place, as shown on these plans, as specified in these specifications and as directed by the City. 43 Harmony Road Maintenance Project College Avenue to Timberline Road REVISION OF SECTION 420 GEOTEXTILE PAVING FABRIC Section 420 of the Standard Specifications is hereby revised for this project as follows: Subsection 420.01 is revised to include the following: This work shall consist of placing Geotextile Paving Fabric as manufactured by Phillips Fibers Corporation, Hoechst Fiber Industries, Amoco Fabrics Company, or an approved equal in designated areas in substantial compliance with the plans, specifications and as directed by the City. Subsection 420.02 is revised to include the following: Geotextile Paving Fabric shall be a non -woven, needle -punched pavement reinforcing fabric which conforms to the following properties: • Grab Strength, either direction, minimum (ASTM D-4632) 90 pounds • Elongation, either direction, minimum (ASTM D-4632) 50 percent • Burst Strength (ASTM D-3786) 185 pounds / square inch • Weight, minimum 3.6 ounces / square yard • Asphalt Retention, minimum (TF25 #8) 0.2 gallons / square yard • Melting Point, minimum (ASTM D-276) 300 degrees Fahrenheit The tack coat to be applied to the roadway surface and / or to the Geotextile Paving Fabric shall meet the following requirements: • Asphalt Cement AC-20 • Emulsified and /or Cutback Asphalt shall not be used as tack coat for Geotextile Paving Fabric Subsection 420.03 is revised to include the following: Surface Preparation: The pavement to be repaired shall be cleaned and free of dirt, dust, water and vegetation. Cracks shall be cleaned and filled in accordance with Section 403 of these specifications. If the crack filling materials contain volatiles, adequate curing time must be allowed prior to placement of the fabric. The pavement must be cleared of ail sharp or angular protrusions. Application of Tack Coat: The tack coat shall be applied at a rate in accordance with the manufacturer's specifications (approximately 0.25 gallons per square yard). Application must be by a distributor. Temperature of the tack coat must be sufficiently high to permit a uniform spray pattern. The maximum asphalt temperature shall be three hundred degrees Fahrenheit (300 ° F). Subsection 420.04 is revised to include the following: Geotextile Paving Fabric Placement: The Geotextile Paving Fabric shall be placed into the tack coat with a minimum of wrinkles. If Geotextile Paving Fabric folds greater than one (1) Inch occur, the Geotextile Paving Fabric shall be slit and allowed to lie flat. Additional tack coat shall be placed as required to insure 44 I U U D H Harmony Road Maintenance Project College Avenue to Timberline Road fabric bonding. If Geotextile Paving Fabric is placed adjacent to patched sections of roadway, the fabric shall overlap said patched section a minimum of twelve (12) Inches. All joints shall overlap adjacent fabric approximately six to twelve (6 to 12) Inches. Transverse joints of the Geotextile Paving Fabric shall be shingled in the direction of the paving to prevent edge pickup by the paver. Additional tack coat shall be uniformly applied to the joints and overlaps to insure bonding. It shall be the Contractor's responsibility to maintain the Geotextile Paving Fabric until the overlay is complete. If the Geotextile Paving Fabric begins to be picked up, the Contractor shall immediately broadcast sand or hot mix asphalt over the area or "skin" the Geotextile Paving Fabric with Hot Mix Asphalt SC Type 1 or 2. Excess sand or hot mix shall be removed before paving. Sand and / or Hot Mix Asphalt SC Type 1 or 2 used for this purpose will not be measured and paid for separately under the terms of this contract. Geotextile Paving Fabric shall be clean, dry and sufficiently bonded to the tack coat prior to commencing the paving operations. Paving operations shall be completed the same day as the Geotextile Paving Fabric placement. Subsection 420.09 is revised to include the following: Geotextile Paving Fabric will be measured by the Square Yard of surface area covered, complete in place, including surface preparation and AC-20 tack coat. Subsection 420.10 is revised to include the following: The accepted quantities of Geotextile Paving Fabric will be paid for at the Contract Unit Price per Square Yard complete in place, including surface preparation and AC-20 tack coat. Payment will be made under: ' Pay Item Geotextile Paving Fabric ►A Pay Unit Square Yard Harmony Road Maintenance Project College Avenue to Timberline Road , REVISION OF SECTION 601 MISCELLANEOUS CONCRETE ' Section 601 of the Standard Specifications is hereby revised for this project as follows: Subsection 601.02 shall include the following: ' Concrete Class D shall be used for curb, gutter, sidewalk, curb ramps, median cover material and miscellaneous paving. ' ' Harmony Road Maintenance Project College Avenue to Timberline Road ' REVISION OF SECTION 605 SUBSURFACE DRAINS ' Section 605 of the Standard Specifications is hereby revised for this project as follows: Subsection 605.01 shall include the following: This work consists of furnishing all materials and workmanship necessary to construct the underdrain cleanouts, wrapping the underdrain with weed barrier, CDOT Class A filter material, 10 mil plastic visquine and connection to the existing 15-Inch RCP storm sewer line. The ' underdrain cleanouts (on 50' center to center spacing) consist of a 4-Inch riser pipe, tee and screw -on cap as specified with the lines and grades shown on the plans. The underdrain will daylight to the existing center median on Harmony Road. ' Pay Item Pay Unit 4 Inch Perforated Pipe Underdrain Linear Foot 47 Harmony Road Maintenance Project College Avenue to Timberline Road REVISION OF SECTION 608 DETECTABLE WARNINGS Section 608 of the Standard Specifications is hereby revised for this project as follows: Subsection 608.01 shall include the following: This work includes the installation of detectable warnings on concrete curb ramps at the locations shown on the plans and in accordance with the plans. Subsection 608.02 shall include the following: Detectable warnings on curb ramps shall be truncated domes of the dimensions shown on the standard plans. Domes shall be prefabricated by the manufacturer as a pattern on concrete or masonry pavers. Pavers shall meet all Americans with Disabilities Act (ADA) requirements for truncated domes, and when installed, shall be capable of producing the pattern of domes as shown on the standard plans. Pavers shall meet the requirements of ASTM C 902 or ASTM C 936. Alternate materials may be used, if pre -approved by the Engineer. The Contractor shall submit a sample of the product, the name of the selected supplier, and documentation that the product meets all contrast requirements and will be fully compatible with the curb ramp surface to the Engineer for approval prior to start of work. Known vendors of alternate products include but are not limited to the following: VENDOR NAME PRODUCT PHONE NUMBERS TMA Construction Supply CAST in TACT Warning 303-295-6050 Panels East Jordan Iron Works, Inc. Truncated Dome Plates 800-626-4653 Neenah Foundry Company R-4984 Detectable 800-558-5075 Warning Plate The domes and the underlying surface shall have a minimum of 70% contrast with the light reflectivity of the adjoining surface. The contrast shall be verified using the following equation: Contrast = Bi — B' x 100 Bi Where B, = Light Reflectance Value (LRV) of the lighter area B, = LRV of the darker area Absolute black and white will not be permitted. 48 ' Harmony Road Maintenance Project College Avenue to Timberline Road The contrast shall be achieved by adding pigment during the fabrication of the paver. Prior to start of work, the Contractor shall submit appropriate documentation from the manufacturer verifying that the contrast has been met, along with a sample paver, to the Engineer for approval. ' Bedding and joint sand shall be free of deleterious or foreign matter. The sand shall be natural or manufactured from crushed rock. Limestone screenings or stone dust shall not be used. ' Sand for bedding material shall conform to ASTM C 33. Sand that is to be placed between joints shall conform to ASTM C 144. Subsection 608.03 shall include the following: i(g) Detectable Warnings. Pre -fabricated pavers for detectable warnings shall be brought to the site in steel banded, plastic banded or plastic wrapped cubes capable of being transported by a fork lift or clamp lift. Pavers shall be carefully removed and stacked in a manner which results in the least amount of damage. All pavers that are damaged during transport or delivery will be rejected and shall be replaced at the Contractor's expense. Minor cracks or chipping due to transport and handling that do not interfere with the structural integrity of the ' paver or the overall pattern of truncated domes will not be deemed as grounds for rejection. The Contractor shall spread the bedding sand evenly in the area defined and shall screed the sand to an appropriate embedment depth as shown on the plans or as directed by the Engineer. Sufficient sand should be placed to stay ahead of laid pavers ' Pavers shall be placed in a running bond pattern. Domes shall be aligned to create a square grid in the predominant direction of travel as shown in the plans. Pavers shall be installed such that the base of the truncated dome is at the same elevation as the adjoining surface, allowing for a smooth transition between the curb ramp and the detectable warning. ' When cut pavers are required to fill gaps between the pavers and the edge of concrete, the Contractor shall bevel portions of the truncated domes at a 45-degree angle to create a ' smooth transition between the partial dome and the curb ramp surface. Unless otherwise directed by the Engineer, pavers shall be cut and installed in such a manner that the domes on the cut sections will not significantly impact the overall pattern of the truncated domes. ' The Contractor shall use a plate vibrator to embed the pavers into the sand. The size and type of plate vibrator shall be in accordance with manufacturer's recommendations, or as directed by the Engineer. All pavers that are damaged during embedment shall be replaced at the Contractor's expense. Joint spacing between paver units shall be in accordance with the manufacturer's recommendations, or as approved by the Engineer. Joints shall be filled completely with joint sand. Excess sand shall be removed by sweeping. (h) Alternate products. Alternate materials shall be installed in accordance with manufacturer's recommendations. The concrete surface to which alternate materials are to be applied shall be prepared in accordance with manufacturer's recommendations. Material requirements, color and application shall be in accordance with manufacturer's recommendations and as approved by the Engineer. 49 8. BID SCHEDULE (Base Bid) Ref # Item # �+ _ r Item Descnption --1` -' Quantity Urirt x. .,Umt -1: Total -, .-.... - e ...:. ...,. 5:_.. -}'.,_ ;' ... .:. ,; - c :l COSt. �. Costs 1 201-01 Clearing and Grubbing (1 Acre) 1 LS 5,359.18 6,359.18 2 202-01 Removal of Tree 1 EA 87.76 387.76 3 202-02 Removal of Pipe (24 Inch RCP) 49 LF 4.34 702.66 4 202-03 Removal of Pipe (18Inch RCP) 73 LF L2.55 916.15 5 202-04 Removal of Pipe (15 Inch ADS) 43 LF 4. 23 611.89 6 202-05 Removal of Pipe (19 Inch x 30 Inch Elliptical) 8 LF 30.41 403.28 7 202-06 Removal of End Section (24 Inch RCP) 2 EA 29.59 459.18 i8 202-07 Removal of Inlet (5' Type R) 1 EA 87.76 687.76 9 202-08 IRemoval of Sidewalk 701 SY L ( 13.687.26 26 t 3 .687 . 26 10 I I 202-09 IRemoval of Curb and Gutter 754 I I LF iii 1 3.78 12,850.12 11 I111I 202-10 1 Removal of Asphalt Mat (Sawcul) (Full Depth) � 2,905 I SY II 7.60 122,078.0( 12 202-11 Removal of Asphalt Mat (Planing) (0-4" Depth) 21,050 I SY 2.10 44.205. 13 I 202-12 IRemoval of Asphalt Mat (Planing) Additional Inch Thickness 4,000 I SY! IN .58 2,320.00 14 202-13 IRemoval of Asphalt Mat (Planing) (Taper 0-2" Depth) (6' Wide) I 7,400 I Sy 1.43 110.582.00 15 I 202-14 Removal of Pavement Markings 1 LS 1309.28 I 309.28 16 202-15 IRemoval of Structure (Bridge) 1 I LS 23,632.91 23. 632.4 17 I 202-16 Removal of Fence (3 Rail) 40 LF I 25. 77 1,030.8C 18 203-01 Unclassified Excavation (Complete In Place) 2,831 CY - 14.90 42,181. 19 203-02 Muck Excavation 200 CY 39.79 7,958.00 20 203-03 Borrow 300 CY 28.71 8.613.00 21 203-04 Shouldering (Recycled Asphalt) (Haul and Place) 530 TON 9.30 4,929.00 22 203-05 Flowable Fill (Utility Backfill) 150 CY . 59.85 8,977.50 23 207-01 Topsoil (Stockpile and Redistribute) 835 CY 5.31 4 433.85 Harmony Road Maintenance Project College Avenue to Timberline Road Subsection 608.05 shall include the following: Detectable warnings on curb ramps, including sand, pavers, alternate materials, and all other work and materials necessary for fabrication, transport, and installation will not be measured and paid for separately, but shall be included in work for concrete curb ramp. 50 I Harmony Road Maintenance Project College Avenue to Timberline Road ' REVISION OF SECTION 623 IRRIGATION SYSTEM ' Section 623 of the Standard Specifications is hereby revised for this project as follows: Subsection 623.07 is hereby revised to include the following: In locations where a sprinkler system is being relayed, the sprinkler heads shall be new and of the type and manufacturer equal to those being replaced, or as approved by the Engineer. ' Subsection 623.10 (b) is hereby revised to include the following: Lateral pipe shall be Class 200 PVC. A warranty period of two years from final acceptance or two full growing seasons (growing season defined as May through October), whichever is greater, will be apparent for all the components associated with the irrigation system installed as part of the construction project. All improvements which do not meet the project's contract specifications be it through substandard materials or workmanship, shall be removed and replaced at the ' Contractor's expense. The project will be inspected by City representatives on a monthly basis while the system is ' in operation throughout the duration of the warranty period. The City will develop a list of components which will need to be addressed and deliver this to the Contractor. The City and Contractor will meet to finalize the list of items to be addressed along with determining the timing of the work to be completed. The following will result in removal and replacement ' of failed irrigation equipment or parts with new components which meet the project's contract specifications: ' Any failure due to product substitution not previously approved by the City • Any failure due to improper installation, not including failures due to acts of nature Any failures of the irrigation controller and attached sensors due to defective electronics • Any failures due to broken valve wires, wires nicked during construction, improper connections, improper wire gauge, improper grounding, and any other failures due to improper wiring installation • Any failures of the zone valves and decoders due to defective equipment ' Any failures of the mainline and lateral pipes due to factory defects, poor workmanship, improper pipe welds or weld material, or poor backfilling techniques Any defective valve boxes, or any failures of valve boxes due to improper installation ' (must fall with -1/8" to -5/8" of adjacent improvements) It is the responsibility of the Contractor to correct the irrigation system immediately unless ' directed by the City. All warranty repairs will remove the improperly installed or failed irrigation equipment and replace with the new components to meet the intent of the contract specifications and plans. The installation shall be performed in accordance with the specifications for irrigation improvements as is defined in the contract and the plans. The Contractor will be responsible for scheduling all traffic control necessary for addressing 51 Harmony Road Maintenance Project College Avenue to Timberline Road the items to be repaired. All traffic control plans shall be submitted to the City's Traffic Operations Department for approval prior to commencing the warranty work. The Contractor will also be responsible for notifying the City's project manager at least 48 hours prior to the beginning of any work. Subsection 623.16 is hereby revised to include the following: The Contractor will be responsible for the proposed irrigation connection to the City's existing 3/4 -Inch waterline in the existing median east of the Union Pacific tracks. The Contractor will use the 2-Inch conduit to feed the proposed median west of the Union pacific tracks. Payment for these items will be under "Irrigation System (Median)". Pay Item Pay Unit Irrigation System (Relay Turfed Areas) Lump Sum Irrigation System (Median) Lump Sum 52 Harmony Road Maintenance Project College Avenue to Timberline Road REVISION OF SECTION 625 CONSTRUCTION SURVEYING ' Section 625 of the standard Specifications is hereby revised for this project as follows: Subsection.625.01 is hereby revised to include the following: ' All existing survey monuments and property corner located outside of the project grading limits as defined on the plans that are damaged or destroyed by the Contractor will be replaced at the Contractor's expense. ' All existing survey monuments and property corners located within the project grading limits which are intended to remain in place and intact as defined on the plans shall be protected by ' the Contractor. Where necessary monuments, property corners, and section corners will be adjusted or replaced by the City for this project. City of Fort Collins will provide the surveying and staking anticipated to include the following: ' 1. Control Location of horizontal and vertical control points will be provided at approximately 1000- foot intervals. Monuments will be set outside the limits of construction. 2. Easements and Right of Way Temporary construction easements (TCE) and those portions of right of way between TCE's will be staked at 100 foot intervals on tangents, PCs, 50 foot intervals on curves, angle points and corner points. ' 3. Excavation and Embankment a. One set of slope stakes at 25-foot intervals (stations) on each side of the proposed road including intersections. Staking information to include cut/fill for ' "limit of cut" or "limit of fill" location • decision point (ditch flowline or grade break) • edge of pavement ' roadway centerline b. One set of shoulder and/or curb stakes at 25-foot stations on each side of the road including intersections. C. One set of slope or shoulder stakes for the grading of each driveway and field ' access. d. Ditch grades shall be defined by the slope staking described above. ' 4. Storm Drainage One set of offset stakes for each storm drain pipe and inlets. 5. Utility Crossing ' One set of offset stakes for the utility conduit crossings. I 1 53 Harmony Road Maintenance Project College Avenue to Timberline Road 6. Subgrade and Paving a. One set of blue top subgrade stakes at 25-foot stations on tangents, PCs and PT's after completion of the subgrade preparation. Stakes to be set at 25-foot stations for horizontal curves with a radius less than 1,000 feet and at all vertical curves. Blue tops will be set on centerline and the edge of pavement on both sides of the roadway. These blue tops will remain in place to be used for the aggregate base course or paving operations. 7. Signs One set of stakes to locate each sign. 8. Delineators No survey will be provided. The Contractor shall install delineators as specified in the plans. 9. Striping City of Fort Collins will provide layout of all temporary pavement striping for the Contractor. 10. Mailboxes, Newspaper Boxes and Address Posts No survey will be provided. The Contractor shall reset all mailboxes, newspaper boxes and address posts per agreement with the property owner and approval by the Engineer 11. Property Corners and Section Corners Reset property corners located along the right of way and section corners within the project grading limits. 54 77 Harmony Road Maintenance Project College Avenue to Timberline Road REVISION OF SECTION 627 TEMPORARY PAVEMENT MARKING Section 627 of the standard Specifications is hereby revised for this project as follows: ' Subsection 627.01 is hereby revised to include the following: This work shall consist of furnishing, installing and removing, if necessary, temporary pavement marking in accordance with the latest revision of the Fort Collins Traffic Operations Manual, City of Fort Collins Work Area Traffic Control Handbook, Larimer County Urban Area Street Standards (LCUASS) and Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) and in conformity to the lines, dimensions, patterns, locations and details shown on the plans or established by the City. Subsection 627.10 is hereby revised to include the following: Pavement marking tape shall be suitable for use on asphalt cement or portland cement concrete pavements and shall be installed as follows if this method is selected for use by the Contractor: ' 1. The surface to which the tape is applied shall be clean, dry and free of dirt, oils and grease. The tape / tab shall be pressed down, immediately after application, until it adheres properly and conforms to the surface. 2. All roads shall have temporary pavement markings before they are opened to traffic unless the City stripping crews have been scheduled to install permanent markings prior to opening the road to traffic. 3. Markings applied to a final surface shall not leave a scar that conflicts with permanent ' markings. In general, temporary markings on the final surface shall be avoided and will require approval from the Engineer prior to placement. ' 4. Temporary markings shall be installed in such a manner that the markings adequately follow the desired alignment. 5. Lane lines shall be "taped" intermittently with a two (2) Foot long by four (4) Inch wide ' reflective temporary stripe at fifty (50) Foot intervals. 6. It is the Contractor's responsibility to maintain the temporary markings, at the Contractor's expense, until the permanent pavement marking is installed by the City. 7. Removable pavement markings shall be installed in accordance with the manufacturer's ' recommendations and maintained by the Contractor until permanent markings are installed by the City. 8. Temporary edge lines are not typically required unless specified by the City. 9. All tape shall be removed by the Contractor after permanent markings have been completed by the City. 1 55 L Harmony Road Maintenance Project College Avenue to Timberline Road Subsection 627.12 is hereby deleted and replaced with the following The types of temporary pavement markings and associated maintenance of temporary pavement markings will not be measured and paid for separately, but will be paid at the Contract Unit Price Lump Sum. Subsection 627.13 is hereby revised to include the following: The costs of installing, maintaining and removing temporary stripping shall be included in the Work. No measurement or payment shall be made separately for required traffic control devices, personnel and related traffic control incidentals. Pay Item Temporary Pavement Marking 56 Pay Unit Lump Sum I� ' Harmony Road Maintenance Project College Avenue to Timberline Road REVISION OF SECTION 630 ' CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the standard Specifications is hereby revised for this project as follows: ' Subsection 630.01 is hereby revised to include the following: This work shall consist of furnishing, installing, maintaining and removing temporary construction traffic control devices including, but not limited to: signs, advance warning arrow panels, variable message boards, barricades, channeling devices and delineators as required by the latest version of the City of Fort Collins Work Area Traffic Control Handbook, Manual on ' Uniform Traffic Control Devices for Streets and Highways (MUTCD) and the Larimer County Urban Area Street Standards (LCUASS). In the event of a conflict between the MUTCD and the City's criteria, the City of Fort Collins specifications shall govern. Subsection 630.02 is hereby revised to include the following: All traffic control devices placed for the project must meet or exceed the minimum standards set forth in the City of Fort Collins Work Area Traffic Control Handbook and the MUTCD. All traffic control devices shall be clean and in good operating condition when delivered and shall be maintained in that manner on a daily basis. All traffic control devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (ex. Crossed our information, information written in long- hand style, etc.). Additionally, any sign blank with sign faces on both sides must have the back sign face covered ' when in use to avoid confusion to motorists traveling in the opposite direction and other potentially affected parties. ' Subsection 630.09 is hereby revised to include the following: Traffic control through the construction area is the responsibility of the Contractor. When a device is not in use, the Contractor shall remove it from the project for the period it is not needed. Devices temporarily not in use shall, as a minimum, shall be removed from the area. Moving will include devices removed from the project and later returned to use. ' Traffic control devices shall be placed and / or stored in the City right-of-way in such a manner that minimizes the hazards to pedestrians, bicyclists and vehicles. ' Traffic control devices shall be removed from the site immediately upon completion of the work for any street(s). ' In the event there is a violation or safety issue, the City will order a "Stop Work Order' until the issue(s) is corrected. The Contractor shall not be entitled to any additional compensation for delays associates with the "Stop Work Order". ' The Contractor shall be responsible for ensuring safe passage through the work zone for vehicle, pedestrians and bicyclists. 57 Harmony Road Maintenance Project College Avenue to Timberline Road The Contractor shall use variable message boards to advice road users about upcoming work on Arterial and Collector Streets. The City will issue direction for the number of boards, general locations for placement and message verbiage. Fully automated variable message boards shall be installed and operate continuously for all work on Arterial and Collector Streets. 1. Two-way traffic shall be maintained at all times unless approved by the City. Lane width shall be maintained at a minimum of ten (10) Feet. 2. The Contractor will provide twenty-four (24) hour minimum notice to the City of Fort Collins Traffic Department when the project operation is near a signalized intersection. 3. The Contractor shall provide and coordinate uniformed police officers for traffic control when necessary for the safety of the workers and traveling public. Traffic control plans shall be submitted for all work locations prior to commencement of any work. Plans shall be submitted on approved forms supplied by the City. A traffic control plan shall be prepared by a Traffic Control Supervisor certified by the American Traffic Safety Services Association (ATSSA) or a Worksite Traffic Control Supervisor certified by the Colorado Contractor's Association (CCA). The typical traffic Control plans shall be submitted for approval to the City by 8:00 am, two (2) working days prior to the commencement of work. All plans shall be delivered to the City at 625 Ninth Street, Fort Collins. Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Traffic Control Plan has been approved. Failure to have an approved Traffic Control Plan shall constitute cause for the City to stop work and Owner shall deduct from compensation $1,000.00 per day for said compensation, as well as the Contractor's forfeiture of payment for all work and materials at that location with no adjustment in the Contract time. The Traffic Control Plan shall include, as a minimum, the following: 1. A detailed diagram which shows the location of all sign placements, including advance construction signs (if not previously approved) and speed limit signs; methods, length and time duration for lane closures and location of flag persons. 2. A tabulation of all traffic control devices on the detailed diagram including, but not limited to: construction signs, vertical panel, vertical panel with light, Type I / II / III barricades, cones, drum channelizing devices and advance warning flashing or sequencing arrow panel. Certain traffic control devices may be used for more than one operation or phase. However, all devices required for any particular phase must be detailed and tabulated for each phase. 3. Number of flaggers to be used. 4. Parking restrictions to be in effect. Approval of the proposed method of handling traffic does not relieve the Contractor of liability specifically assigned to him / him under this Contract. Subsection 630.10 is hereby revised to include the following: 58 ' Harmony Road Maintenance Project College Avenue to Timberline Road The Contractor shall designate an individual, other than the superintendent, to be the Traffic Control Supervisor. Traffic Control management shall be performed by a Traffic Control Supervisor (TCS). The TCS(s) shall possess a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control Supervisor or Colorado ' Contractor's Association (CCA) certification as a Traffic Control Supervisor. Proof of certification shall be presented to the City Traffic Control Manager, and when requested by the City, for each TCS utilized on this project. ' One TCS shall be designated as the Head TCS. The Head TCS shall have a minimum of one year experience as a certified TCS. Qualifications shall be submitted to the City for approval a minimum of one week prior to commencement of the work. The Head TCS shall be on site at all ' times during the construction. It is the intent of the specifications that the Head TCS be the same throughout the project and ' remains on site at all times during the construction. If, in the opinion of the City, any traffic control individual does not perform their duties at or to the minimum industry standard, the Contractor will be required to replace that individual. ' The TCS shall be equipped with a cellular phone. ' The TCS duties shall include, but not be limited to the following: 1. Prepare, revise and submit Traffic Control Plans as required. ' 2. Supervise and direct project flaggers. 3. Coordinate all traffic control related operations, including those of the Subcontractor and supplier. 4. Coordinate project activities with appropriate police and fire control agencies, Transfort, school districts and other affected agencies and parties prior to construction. ' 5. Inspect traffic control devices on a calendar day basis for the duration of the project to ensure devices are functioning properly. 6. Oversee all requirements covered by the plans and specifications which contribute to the convenience, safety and orderly movement of traffic. ' 7. Flagging in emergency or relief for short periods of no more than fifteen (15) minutes over a sixty (60) minute period. 8. Traffic control device set up and removal. 9. Maintain a project traffic control diary which shall become part of the City's records. This diary / log shall be submitted to the City daily and shall include the following information as a minimum: a) Date b) For Traffic Control Inspection, the time of the inspection c) Project description and location d) Traffic Control Supervisor's name e) Types and quantities of traffic control devices used per approved MHT 59 24 207-02 Pre -Amended Topsoil (Median) 250 CY 36.08 9,020.00 25 208-01 Erosion Log (12 Inch) 610 LF 3.53 2,153.30 26 208-02 Storm Drain Inlet Protection 2 EA 128.87 257. 74 27 208-03 Concrete Washout Structure 1 EA 618.56 618.56 28 208-04 Erosion Control Supervisor 60 HR L.00 60.00 29 210-01 Adjust Valve Box 15 EA 1 15 .00 1,725.00 30 210-02 Adjust Manhole < 24 Inch 6 EA 345.00 2,070.00 31 210-03 Adjust Manhole > 24 Inch 12 EA 450.00 51400.00 32 210-04 Relocate Fire Hydrant 1 EA 2 758.76 2 758.76 32 212-01 Seeding (Native) 0.5 ACRE 5.386.60 12.693.30 33 j ( 212-02 sod 41,217 SF 57 23.493.69 34 I 212-03 I Tree Retention and Pro!ection 1 LS 585.57 585.57 35 213-01 Mulching (Weed Free Hay) 0.5 ACRE 5,386.602,693.30 36 213-02 Mulching (Wood Chip) 4,200 SF I 1.77 13.234.00 37 213-03 Inorganic Mulch (Rock) (1 1/2 Inch) 1,429 SF 1.29 1843.41 38 213-04 Inorganic, Mulch (Rock) (3 - 6 Inch) 857 SF 11.765.42 2.06 39 213-05 Inorganic Mulch (Rock) (6 - 12 Inch) 571 SF 2.84 1:621.64 46 213-06 Landscape Weed Barrier Fabric 317 SY 11.306.04 14.12 41 213-07 Landscape Boulder 21 EA 335.05 7,036.0 42 214-01 Deciduous Tree (3 Inch Caliper) 6 EA 515.46 3,092.76 43 214-02 Evergreen Tree (6 Foot Height) 6 EA 412.37 2,474.22 44 214-03 Evergreen Tree (20 Gallon) 5 EA 386.60 1,933.00 45 214-04 Deciduous Tree (6 Foot Clump) 3 EA 360.82 1,082.46 46 214-05 Deciduous Tree (8 Fool Clump) 4 EA 484.54 1,938.16 47 214-06 Deciduous Tree (10 Foot Clump) 2 EA 618. 56 1,237.12 48 214-07 Shrub (5 Gallon Container) 184 EA 32.99 6 070.16 Harmony Road Maintenance Project College Avenue to Timberline Road f) List of flaggers used, including start time, stop time and number of flagging hour breaks g) Traffic control problems (traffic accidents, damaged or missing devices and corrective actions taken) Traffic control management shall be maintained on a twenty-four (24) hour per day basis. The Contractor shall make arrangements so that the Traffic Control Supervisor or their approved representative will be available on every working day, "on -calf' at all times and available upon request of the City during non -working hours. A twenty-four (24) hour telephone number shall be provided to the City prior to commencement of work. All traffic control devices and traffic control management shall be placed under the supervision of a Traffic Control Supervisor. The Traffic Control Supervisor shall have up to date copies of the City of Fort Collins "Work Area Traffic Control Handbook" and Part VI of the MUTCD, pertaining to traffic control for street and highway construction, available at all times. The following list reflects devices that may be used on the project or as authorized by the City: "NO PARKING" sign with stand Vertical panel without light Channelizing drum without light Type 1/11 barricade without light Type III barricade without light Cone with reflective strip Size A sign with stand Size A Specialty Sign Size B Specialty Sign Safety Fence Light Advance warning flashing or sequencing arrow panel Variable message board Size B sign with stand All costs associated with Traffic Control Plan review will not be measured or paid for separately, but shall be considered incidental to the Work. Review fees will not be measured or paid for separately, but shall be considered incidental to the Work. The Contractor shall provide the services of the Colorado State Patrol or City of Fort Collins Police when necessary during the course of the work as instructed by the City. Associated costs shall be incidental to the Work. The City shall deduct from compensation due the Contractor $10.00 per day for each traffic control device not removed from the site immediately upon completion of the work or as directed by the City. Flagger hand signs and devices, such as Stop / Slow paddles, will not be measured and paid for seperately, but shall be included in the Work. The flaggers(s) shall be provided with electronic communication devices when required. These devices will not be measured and paid for separately, but shall be included in the Work. The cost of batteries, electricity and / or fuel for all lighting or warning devices will not be measured and paid for separately but will be considered subsidiary to the traffic control. Sand bags and caution tape will not be measured and paid for separately, but shall be included in the Work. I J I 1 [] i F 1 1 1 Harmony Road Maintenance Project College Avenue to Timberline Road The Contractor may provide larger construction traffic signs than those typically used in accordance with the City of Fort Collins Work Area Traffic Control Handbook and the MUTCD, if approved by the City. However, no payment will be made for additional panel size. The City shall not be responsible for any losses or damage due to theft of vandalism. The City of Fort Collins will not be responsible for any damage caused by the Contractor's construction activities to the public. Private or public property which is damaged by the Contractor's equipment or employees will be the sole responsibility of the Contractor. Subsection 630.15 is hereby revised to include the following: All traffic control costs including, but not limited to, furnishing equipment, equipment set up / removal / modifications, TCS and flagging personnel, vehicles, phones, hand signs, communication devices, sandbags and all related incidentals required for traffic control under this Contract shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work. No measurement or payment shall be made separately for traffic control related items as specified in these specifications or as directed by the City. SPECIAL CONDITIONS FOR WORK ON ARTERIAL AND COLLECTOR STREETS 1. Cross street traffic shall be maintained at all times unless authorized by the City in writing. 2. Full closures on Arterials and Collectors will be allowed under extreme circumstances and only upon approval from the City. Plans shall be approved a minimum of two (2) weeks prior to commencement of work and / or the time required to adequately notify the public through the media. 3. Construction or repair work will not be permitted at or in the vicinity of an Arterial / Arterial intersection that has major traffic volumes between the hours of 7:OOam to 8:30am or 3:30pm to 6:OOpm (except in the case of an emergency). Work may be done on weekends or extended hours (outside of the 7:OOam to 6:OOpm window) at Arterial / Arterial intersections with approval from the City. 4. Construction or repair work on Arterial streets, outside of the influence of an Arterial / Arterial intersection, is allowed during the hours of 7:OOam to 6:OOpm; Monday through Friday excluding holidays. The City will specify the minimum required distance needed from the Arterial / Arterial intersection. Work may be done on weekends or extended hours (outside of the 7:OOam to 6:OOpm window) with approval from the City. 5. Time restrictions on State Highway 287 (College Avenue) will normally be restricted from 9:OOam to 3:OOpm. 6. Construction hours, except for emergencies, shall be limited to 7:OOam to 6:OOpm Monday through Friday excluding holidays, unless authorized by the City in writing. Pay Item Pay Unit Construction Zone Traffic Control Lump Sum Traffic Control Management Day Flagging Hour 61 Harmony Road Maintenance Project College Avenue to Timberline Road UTILITIES The following Utilities are known to be within the project limits: Utility/Agency Contact Phone Traffic — City of Fort Collins Syl Mireles (970) 221-6815 Fiber Optic — Comcast Dennis Greenwalt (970) 484-7166 Electric — City of Fort Collins Doug Martine (970) 224-6153 Telephone — Century Link Bob Rulli (970) 988-2120 The work described in these plans and specifications will require coordination between the Contractor and the utility companies in accordance with subsection 105.10 in conducting their respective operations, so the utility work can be completed with minimum delay to all parties concerned. The Contractor will be required to provide traffic control for any utility work expected to be coordinated with construction, as directed by the Engineer. The Contractor shall coordinate expected relocation completion schedules with each utility after notice to proceed. The Contractor shall complete a project schedule and updates to that schedule so that the project will be completed in the time frame allowed in this contract considering utility relocations and utility coordination at the time of construction. The work listed below shall be performed by the Contractor in accordance with the plans and specifications, and as directed by the Engineer. The Contractor shall keep the utility companies advised of any work being done to their facilities, so that the utility companies can coordinate their inspections for final acceptance of the work with the Engineer. Provide written notice to each utility company, with a copy to the Engineer, prior to any work by a utility company that is to be coordinated with project construction. A minimum of three (3) calendar weeks of prior notice is required. General — The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements"), when excavation or grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least three (3) business days prior to commencing such operations. Contact the Utility Notification Center of Colorado (UNCC) to have locations of UNCC-registered lines marked by member companies. Call 811 for locates requests. All other underground facilities shall be located by contacting the respective . company. Utility service laterals shall also be located prior to beginning excavation or grading. All costs incidental to the foregoing requirements will not be paid for separately, but shall be included in the work. 62 I ' STANDARD SPECIAL PROVISIONS I F 7 I I I I I I I 0 U 0 63 U I February 3, 2011 ' REVISION OF SECTION 103 COLORADO RESIDENT BID PREFERENCE Section 103 of the Standard Specifications is hereby revised for this project as follows: Subsection 103.01 shall include the following: (a) Colorado Resident Bid Preference. A resident bidder shall be allowed a preference against a nonresident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the nonresident bidder is a resident. Resident bidder means: (1) A person, partnership, corporation, or joint venture which is authorized to transact business in Colorado and which maintains its principal place of business in Colorado: or, (2) A person, partnership, corporation, or joint venture which is authorized to transact business in Colorado, which maintains a place of business in Colorado, and which has paid Colorado unemployment compensation taxes in at least seventy-five percent of the eight quarters immediately prior to bidding on a construction contract for a public project. To determine the resident bid preference status of a bidder, the bidder shall submit a completed Form 604 with the proposal. Failure to submit the residency Form with the proposal will be justification for and may result in the rejection of the proposal and forfeiture of the proposal guaranty. The proposals will be treated as follows: (1) All proposals will be checked for accuracy by the Department. (2) The dollar amount of the checked proposal from nonresident bidders will be adjusted by a percentage equal to the percentage preference given or required by the state or foreign country of the bidder's residency. If the state or foreign country does not give or require a residency preference, no adjustment in the proposal dollar amount will be made. (3) Adjusted proposals from nonresident bidders will then be compared to proposals from resident bidders, and the bidder with the lowest total will be considered the apparent low bidder. (4) Should a nonresident bidder be the apparent low bidder, in accordance with paragraph (3) above, an award will be made on the basis of the original proposal, not the adjusted proposal (5) The Department will proceed with its normal award procedure. 64 ' July 29, 2011 REVISION OF SECTION 105 ' CONSTRUCTION DRAWINGS Section 105 of the Standard Specifications is hereby revised for this project as follows: ' Delete subsection 105.02(f) [1 65 11 February 3, 2011 ' REVISION OF SECTION 106 CERTIFICATES OF COMPLIANCE AND CERTIFIED TEST REPORTS Section 106 of the Standard Specifications is hereby revised for this project as follows: In subsection 106.12, delete the second paragraph and replace it with the following: The original Certificate of Compliance shall include the Contractor's original signature as directed above. The original signature (including corporate title) on the Certificate of Compliance, under penalty of perjury, shall be of a person having legal authority to act for the manufacturer. It shall state that the product or assembly to be incorporated into the project has been sampled and passed all specified tests in conformity to the plans and specifications for this project. One legible copy of the fully signed Certificate of Compliance shall be furnished to the Engineer prior to installation of material. The original shall be provided to the Engineer before payment for the represented item will be made. In subsection 106.13, delete the second paragraph and replace it with the following: The Certified Test Report shall be a legible copy or an original document and shall include the Contractor's original signature as directed above. The signature (including corporate title) on the Certified Test Report, under penalty of perjury, shall be of a person having legal authority to act for the manufacturer or the independent testing laboratory. It shall state that the test results show that the product or assembly to be incorporated into the project has been sampled and passed all specified tests in conformity to the plans and specifications for this project. One legible copy or original document of the fully signed Certified Test Report shall be furnished to the Engineer prior to installation of material. Failure to comply may result in delays to the project or rejection of the materials. We ' July 29, 2011 REVISION OF SECTION 106 HOT MIX ASPHALT — VERIFICATION TESTING Section 106 of the Standard Specifications is hereby revised for this project as follows: ' Delete subsection 106.05 (e) and replace with the following: ' (e) Mix Verification Testing. After the mix design has been approved and production commences, the Department will perform a minimum of three volumetric verification tests for each of the following elements to verify that the field produced Hot Mix Asphalt (HMA) conforms to the approved mix design: ' (1) Air Voids (2) Voids in Mineral Aggregate (VMA). ' (3) Asphalt Content (AC). The test frequency shall be one per day unless altered by the Engineer. The test results will be evaluated and the Contractor shall make adjustments if required in accordance with the following: ' 1. Target Values. The target value for VMA will be the average of the first three volumetric field test results on project produced hot mix asphalt or the target value specified in Table 403-1 and Table 403-2 of the specifications, whichever is higher. The target value for VMA will be set no ' lower than 0.5 percent below the VMA target on Form 43 prior to production. The target values for the test element of air voids and AC shall be the mix design air voids and mix design AC as shown on Form 43. ' 2. Tolerance Limits. The tolerance limits for each test element shall be: AC ± 0.3 percent ' Air Voids ± 1.2 percent VMA ± 1.2 percent ' 3. Quality Levels. Calculate an individual QL for each of the elements using the volumetric field verification test results. If the QL for VMA or AC is less than 65 or if the QL for air voids is less than 70, the production shall be halted and the Contractor shall submit a written proposal for a_ mix design revision to the Engineer. Production shall only commence upon receipt of written ' approval from the Engineer of the proposed mix design revision. After a new or revised mix design is approved, three additional volumetric field verification tests will ' be performed on asphalt produced with the new or revised mix design. The test frequency shall be one per day unless altered by the Engineer. ' If the QL for VMA or AC is less than 65 or the QL for the test element of air voids is less than 70; then production shall be halted until a new mix design has been completed in accordance with CP 52 or CP 54, a new Form 43 issued, and the Contractor demonstrates that he is capable of producing a mixture meeting the verification requirements in accordance with A or B ' below: A. The Contractor shall produce test material at a site other than a CDOT project. The ' Contractor shall notify the Engineer a minimum of 48 hours notice prior to the requested 67 I test. The location and time of the test are subject to the approval of the Engineer, prior to ' placement. Three samples will be tested for volumetric properties. If the QL for VMA or AC is equal or greater than 65 and the QL for the element of air voids is equal or greater than 70, full production may resume or; ' B. The Contractor may construct a 500 ton test strip on the project. Three samples in the last 200 tons will be tested for volumetric properties. After construction of the test section, production shall be halted until the testing is complete and element QLs are calculated. If , the QL for VMA or AC is equal or greater than 65 or the QL for the element of air voids is equal or greater than 70, full production may resume. If the QL for VMA or AC is less than 65 or the QL for the element of air voids is less than 70, the material shall be removed and replaced at no cost to the Department. The time count will continue, and any delay to the project will be considered to have been caused by the Contractor and will not be compensable. The costs associated with mix designs shall be solely at the Contractor's expense. If the Contractor fails to verify the new mix design in accordance with A or B, then production shall be halted until a new mix design has been completed in accordance with CP 52 or CP 54, a new Form 43 issued, and the Contractor demonstrates they are capable of producing a mixture meeting the verification requirements in accordance with A or B. 4. New or Revised Mix Design. Whenever a new or revised mix design is used and production resumes, three additional volumetric field verification tests shall be performed and the test results evaluated in accordance with the above requirements. The test frequency shall be one per day unless altered by the Engineer. 5. Field Verification Process Complete. When the field verification process described above is a complete and production continues, the sample frequency will revert back to a minimum of 1/10,000 tons. The Engineer has the discretion to conduct additional verification tests at any time. a I IF] 0 I 68 1 I February 3, 2011 REVISION OF SECTION 107 RESPONSIBILITY FOR DAMAGE CLAIMS, INSURANCE TYPES AND COVERAGE LIMITS Section 107 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 107.15(c) and replace it with the following: (c) Each insurance policy shall include provisions preventing cancellation or non -renewal without at least 30 days prior notice to Contractor. The Contractor shall forward to the Engineer any such notice received within seven days of the Contractor's receipt of such notice. .• 49 214-08 Perennials and Ornamental Grasses (1 Gallon Container) 470 EA 12.89 6,058.30 50 216-01 Soil Retention Blanket (Biodegradable Straw/Coconut) 50 SY .09 154.50 51 304-01 Aggregate Base Course (Class 6) 4,690 TON 2.69 106 416. 52 403-01 I Hot Mix Asphalt (Grading S) (100) (PG 64-28) (Modified Binder) 13,030 TON 1.45 -800 1 693. 53 403-02 i Hot Mix Asphalt (Grading SG) (100) (PG 58-28) 7,000 TON 6.90 39 300. 54 403-03 Hot Mix Asphalt (Hand Patching) 500 TON 9:15 39 575.0 55 412.01 Concrete Pavement (8 Inch) (Colored) (Median) 750 SF ............. ....... 6.34 4,755.00 56 420-01 Geotextile Paving Fabric 85.000 SY 1.49 126.650.( 57 420-02 Geotextile (Reinforcement) 750 SY 2.65 1,987.50 58 603-01 18 Inch Reinforced Concrete Pipe CLIII 64 LF 50.41 3.226. 24 59 603-02 24 Inch Reinforced Concrete Pipe CLIII 144 LF 67.63 9.738.72 60 603-03 19x30 Inch Reinforced Concrete Pipe Elliptical CLIII 24 LF 98.40 2.361.60 61 603-04 24 Inch Reinforced Concrete End Section CLIII 2 EA I687.63 I1.375.26 62 I 604-01 IInlet. Type R (5 Fool) 1 EA 3,110.31 3 , 110. 31 1I 63 604-02 I Inlet, Type D (5 Foot) 1 EA 12 1 851. 55 ! 2 , 851- 5 5 64 I 604.03 IManhole (6Foot) 1 EA 2,967.01I2,967.01 I I 65 605-01 4 Inch Pefforaled Pipe Underdrain 310 LF 25.62 7,942.20 66 606-01 Guardrail Type 3 50 LF I56.70 2,835.00I 67 606-02 IEnd Anchorage 2 EA I 12,835.06 1,417.53 68 I 607-01 (Fence (3Rail) 40 LF 12.37 1494.80 I 69 1 608-01 IConcrete Sidewalk (6Inch) 1.270 SY I29.60 I37.592.Oa 70 1 608-02 IConcrete Crosswalk (12 Inch) (Colored) 15 SY 11.585.35 105.69 71 608-03 I Concrete Curb Ramp w/Truncated Domes 1C0 SY I100.38 10.038.001 72 I 609-01 Curb and Gutter, Type 2 (Section 1-6) 150 IF 17.82 2,673.00 73 I 609-02 Curb and Gutter. Type 2 (Section II-B) 1,145 LF III 14.26 16 327 . 7 74 609-03 Curb and Gutter. Type 2 (Section I-B) (Modified) 700 LF 17.52 12 264.0 C August 19, 2011 REVISION OF SECTION 108 CRITICAL PATH METHOD Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.03 shall include the following: The Bar Chart or Initial Schedule shall be submitted at least 10 working days prior to the start of the work. The Engineer's review of the Schedule will not exceed two working days. Work shall not begin until the Schedule is accepted in writing, unless otherwise approved by the Engineer In subsection 108.03 (c), delete the third paragraph. 70 ' May 5, 2011 REVISION OF SECTION 109 COMPENSATION FOR COMPENSABLE DELAYS In subsection 109.10, delete the first two paragraphs and replace with the following: 109.10 Compensation for Compensable Delays. If the Engineer determines that a delay is compensable in accordance with either subsection 105.22, 105.23, 105.24, or 108.08, monetary O compensation will be determined in accordance with this subsection. (a) These categories represent the only costs that are recoverable by the Contractor. All other costs or categories of costs are not recoverable: (1) Actual wages and benefits, including FICA, paid for additional labor not otherwise included in (5) below; (2) Costs for additional bond, insurance and tax; (3) Increased costs for materials; (4) Equipment costs calculated in accordance with subsection 109.04(c) for Contractor owned equipment and based on invoice costs for rented equipment; a(5) Costs of extended job site overhead; (6) Costs of salaried employees not otherwise included in (1) or (5) above incurred as a direct result of the delay; (7) Claims from subcontractors and suppliers at any level (the same level of detail as specified herein is required for all such claims); (8) An additional 16 percent will be added to the total of items (1) through (7) as compensation for items for which no specific allowance is provided, including profit and home office overhead. L 1 1 1 71 I February 3, 2011 1 REVISION OF SECTION 109 MEASUREMENT OF QUANTITIES Section 109 of the Standard Specifications is hereby revised for this project as follows: In subsection 109.01, delete the 17`h paragraph and replace it with the following: Vehicles used to haul material being paid for by weight shall bear a plainly legible identification mark. Each of these vehicles shall be weighed empty daily at times directed by the Engineer. The Contractor shall furnish to the Engineer, in writing, a vehicle identification sheet that lists the following for each delivery vehicle to be used on the project: (1) identification mark (2) vehicle length (3) tare weight (4) number of axles (5) the distance between extreme axles (6) information related to legal weight, including the Permit No which the State has issued an overweight permit. 1 1 1 i i and permitted weight of each vehicle for 1 This information shall be furnished prior to time of delivery of the material and at any subsequent time the Contractor changes vehicles, combination vehicles, axle length relationships, or overweight permitting of vehicles. 72 I AFebruary 3, 2011 REVISION OF SECTION 401 COMPACTION OF HOT MIX ASPHALT Section 401 of the Standard Specifications is hereby revised for this project as follows: aIn subsection 401.17, delete the third paragraph and replace with the following: 0 SMA shall be compacted to a density of 93 to 97 percent of the daily theoretical maximum specific gravity, determined according to CP 51. All other HMA shall be compacted to a density of 92 to 96 percent of the daily theoretical maximum specific gravity, determined according to CP 51. If more than one theoretical maximum specific gravity test is taken in a day, the average of the theoretical maximum specific gravity results will be used to determine the percent compaction. Field density determinations will be made in accordance with CP 44 or 81. I I I I 1 I I 1 I I I 73 February 3, 2011 ' REVISION OF SECTION 401 COMPOSITION OF MIXTURES — VOIDS ACCEPTANCE Section 401 of the Standard Specifications is hereby revised for this project as follows: Subsection 401.02(a) shall include the following: On projects with voids acceptance of hot mix asphalt, mix designs based on a theoretical rejection of baghouse fines may be used when necessary to meet CDOT mix design requirements if the following additional requirements are met. Written approval for use of theoretical rejection of baghouse fines mixture design shall be obtained before production of project material. (1) Price adjustment for the hot mix asphalt shall be made based on voids acceptance criteria as prescribed in the latest version of the Standard Special Provision, Revision of Sections 105 and 106, Conformity to the Contract of Hot Mix Asphalt (Voids Acceptance). All costs associated with theoretical rejection of baghouse fines mix design, production, and acceptance shall be at the Contractor's expense. (2) The Contractor shall submit a separate Quality Control (QC) plan for handling the rejection of baghouse fines. The plan shall identify the plan, equipment, and procedures that will be used for the rejection of baghouse fines. The plan shall include detailed information on baghouse control systems and actual data demonstrating consistent system functionality. The QC plan shall be approved in writing prior to production. (3) The Contractor shall demonstrate that the material can be produced in accordance with one of the two procedures listed below. The Contractor shall supply project aggregate material for use in establishing acceptance testing equipment correction factors. Aggregate samples that have been produced according to CP-L 5117 to represent plant -produced material shall be provided by the mix design lab. (i) The Contractor shall produce a minimum of 3000 tons of material. This material shall be placed on non thru lanes or offsite in locations approved by the Engineer. A minimum of 3 samples will be tested for AC content, air voids and VMA. QL's for each element will be determined in accordance with the contract documents. If the QL is equal to or greater than 65 for VMA and Asphalt Cement Content and the QL for the element of air voids is equal to or greater than 70, full production may commence. This material may be considered a separate process and price adjustment will be in accordance with subsection 105.05 or; (ii) The Contractor shall construct a 500-ton test strip on the main line on the project. Tonnage other than 500 tons may be produced only if approved. Three samples in the last 200 tons will be tested for volumetric properties. After construction of the test section, production shall be halted until the testing is complete and element QL's are calculated. If the QL is equal to or greater than 65 for VMA and Asphalt Cement Content and the QL for the element of air voids is equal to or greater than 70, full production may commence. If the TQL is less than 65 or the QL for the element of air voids is less than 70, the material shall be removed and replaced at the Contractor's expense. 74 I 0 February 3, 2011 REVISION OF SECTION 401 COMPACTION PAVEMENT TEST SECTION (CTS) Section 401 of the Standard Specifications is hereby revised for this project as follows: 0 In subsection 401.17, delete the fifteenth paragraph and replace with the following: Two sets of random cores shall be taken within the last 200 tons of the CTS. Each set shall consist of a minimum of seven random cores. The Engineer will determine the coring locations using a stratified random sampling process. The locations of these cores will be such that one set can serve as a duplicate of the other. One set of these cores shall be immediately submitted to the Engineer. This set D will be used for determining acceptance of the CTS and determining density correction factors for nuclear density equipment. Densities of the random samples will be determined by cores according to CP 44. Density correction factors for nuclear density equipment will be determined according to CP 81. a Coring shall be performed under CDOT observation. Coring will not be measured and paid for separately but shall be included in the work. For SMA, a CTS is not used. The Contractor shall follow the requirements for the demonstration control strip in accordance with the Revision of Section 403, Stone Matrix Asphalt Pavement. 75 February 3, 2011 ' REVISION OF SECTION 401 TEMPERATURE SEGREGATION Section 401 of the Standard Specifications is hereby revised for this project as follows: In subsection 401.16 delete the twelfth (last) paragraph and replace it with the following: The Engineer may evaluate the HMA for low density due to temperature segregation any time industry best practices, as detailed on Form 1346, are not being followed or the Engineer suspects temperature segregation is occurring. The Engineer will first meet with the Contractor to discuss the paving practices that are triggering the temperature investigation. Areas across the mat, excluding the outside 1 foot of both edges of the mat, that are more than 25 OF cooler than other material across the width may be marked for density testing. Material for temperature comparison will be evaluated in 3-foot intervals behind the paver across the width of the mat. The material shall be marked and tested in accordance with CP 58. If four or more areas within a lot of 500 tons have densities of less than 93 percent of the material's maximum specific gravity for SMA mixes or less than 92 percent of the material's maximum specific gravity for all other HMA mixes, a 5 percent price disincentive will be applied to the 500 ton lot. The 500 ton count begins when the Engineer starts looking for cold areas, not when the first cold area is detected. This price disincentive will be in addition to those described in Sections 105 and 106. Only one area per delivered truck will be counted toward the number of low density areas. Temperature segregation checks will be performed only in areas where continuous paving is possible. 76 I May 5, 2011 REVISION OF SECTIONS 412, 601 AND 711 LIQUID MEMBRANE -FORMING COMPOUNDS FOR CURING CONCRETE ' Sections 412, 601 and 711 of the Standard Specifications are hereby revised for this project as follows: In subsection 412.14, first paragraph, delete the second sentence and replace with the following: The impervious membrane curing compound shall meet the requirements of ASTM C 309, Type 2 and 1 shall be volatile organic content (VOC) compliant. In subsection 601.13 (b), first paragraph, delete the second sentence and replace with the following: A volatile organic content (VOC) compliant curing compound conforming to ASTM C 309, Type 2 shall be used on surfaces where curing compound is allowed, except that Type 1 curing compound shall be 1 used on exposed aggregate or colored concrete, or when directed by the Engineer. In subsection 601.16 (a) 1., delete the first sentence and replace with the following: 1. Membrane Forming Curing Compound Method. A volatile organic content (VOC) compliant curing 1 compound conforming to ASTM C 309, Type 2 shall be uniformly applied to the surface of the deck, curbs and sidewalks at the rate of 1 gallon per 100 square feet. 1 Delete subsection 711.01 and replace with the following: 711.01 Curing Materials. Curing materials shall conform to the following requirements: it 1 Burlap Clothma,deJrom-Jute or•Kenaf.; ' AASHTOW 182 Liquid Membrane -Forming Compounds for Curing Concrete _ ASTM C 309 'Sheet Materials`forCunng Concrete AASHTO M .r 171`.. *Only the performance requirements of AASHTO M171 shall Straw used for curing shall consist of threshed straw of oats, barley, wheat, or rye. Clean field or marsh ' hay may be substituted for straw when approved by the Engineer. Old dry straw or hay which breaks readily in the spreading process will not be accepted. 1 1 1 1 77 i I February 3, 2011 1 REVISION OF SECTION 412 PORTLAND CEMENT CONCRETE PAVEMENT FINISHING Section 412 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 412.12(a) and replace it with the following: (a) Hand Finishing. Hand finishing should be minimized wherever possible. The Engineer shall be notified prior to hand finishing work and the proposed hand finished work shall be addressed in the Quality Control Plan for concrete finishing. Unless otherwise specified, hand finishing methods will be permitted only under the following conditions. Hand finished concrete shall be struck off and screeded with a portable screed that is at least 2 feet longer than the maximum width of the slab to be struck off. It shall be sufficiently rigid to retain its shape. Concrete shall be thoroughly consolidated by hand vibrators. Hand finishing shall not be allowed after concrete has been in - place for more than 30 minutes or when initial set has begun unless otherwise approved by the Engineer. Finishing tools made of aluminum shall not be used. The Contractor shall provide a Quality Control Plan (QCP) to ensure that proper hand finishing is accomplished in accordance with current Industry standards in the concrete pavement placement. It shall also identify the Contractor's method for ensuring that the provisions of the QCP are met. The QCP shall be submitted to the Engineer at the Preconstruction Conference. Paving operations shall not begin until the Engineer has approved the QCP. The QCP shall identify and address issues affecting the quality of finished concrete pavement including but not limited to: (1) Timing of hand finishing operations (2) Methodology to place and transport concrete (3) Equipment and tools to be utilized (4) Qualifications and training of finishers and supervisors When the Engineer determines that any element of the approved QCP is not being implemented or that hand finished concrete is unacceptable, work shall be suspended. The Contractor shall supply a written plan to address improperly placed material and how to remedy future hand finishing failures and bring the work into compliance with the QCP. The Engineer will review the plan for acceptability prior to authorizing the resumption of operations. 1 J r1I� 1 1 i 1 1 1 I� 1 1 1 Fli 78 1 1 I ' February 3, 2011 REVISION OF SECTION 601 ' CONCRETE BATCHING Section 601 of the Standard Specifications is hereby revised for this project as follows ' In subsection 601.06, delete (13) and (17) and replace with the following: (13) Gallons of water added by truck operator, the time the water was added and the quantity of concrete in the truck each time water is added. ' (17) Water to cementitious material ratio. 11 [1 1 1 I 79 I CONTRACT DOCUMENTS TABLE OF CONTENTS BID INFORMATION 00020 Notice Inviting Bids 00100 Instruction to Bidders 00300 Bid Form 00400 Supplements to Bid Forms 00410 Bid Bond 00420 Statements of Bidders Qualifications 00430 Schedule of Major Subcontractors CONTRACT DOCUMENTS 00500 Agreement Forms 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed 00600 Bonds and Certificates 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (Contractor) 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate CONDITIONS OF THE CONTRACT 00700 General Conditions Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00900 Addenda, Modifications, and Payment 00950 Contract Change Order 00960 Application for Payment SPECIFICATIONS Section Pages 00020-1 - 00020-2 00100-1 - 00100-9 00300-1 - 00300-3 00400-1 00410-1 - 00410-2 00420-1 - 00420-3 00430-1 00500-1 00510-0 00520-1 - 00520-6 00530-1 00600-1 00610-1 - 00610-2 00615-1 - 00615-2 00630-1 00635-1 00640-1 00650-1 - 00650-2 00670-1 - 00670-2 00700-1 - 00700-34 00800-1 - 00800-2 00900-1 00950-1 - 00950-2 00960-1 - 00960-4 75 613-01 2 Inch Conduit (Schedule80) 200 LF 22.32 4,464.00 76 620-01 Sanitary Facility 4 EA 463.92 1,855.68 77 623-01 Irrigation System (Relay Turfed Areas) 1 LS 4,639. 18 4,639.18 78 623-02 Irrigation System (Median) 1 LS 5,979.38 5,979.38 79 626-01 Mobilization 1 LS 32,523.43 32 523. 80 627-01 Temporary Pavement Marking 1 LS 375.59 375.59 81 630-01 Construction Zone Traffic Control 1 LS 46 809.2 3 46�809 82 630.02 TrafficConlrolManagement 90 DAY 371.13 33,401.7 83 630-03 Flagging 1,200 HR 21.65 25 980.0 BID TOTAL: 2,047,31 In Words Two Million, Forty -Seven Thousand, Three Hundred Sixteen Dollars and Twenty -One �grutLs_ 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. RESPECTFULLY SUBMITTED: Martin Mariett41^14aterials, Inc. CON RACT BY: Kenneth R. Ball April, 17, 2012 Printed Date General Manager U 28 .21 February 3, 2011 ' REVISION OF SECTION 601 CONCRETE FINISHING Section 601 of the Standard Specifications are hereby revised for this project as follows: In subsection 601.12 (a) delete the fifth paragraph and replace it with the following: Water shall not be added to the surface of the concrete to assist in finishing operations. Hand finishing should be minimized wherever possible. The hand finishing methods shall be addressed in the Quality Control Plan for concrete finishing. Hand finished concrete shall be struck off and screeded with a portable screed that is at least 2 feet longer than the maximum width of the surface to be struck off. It shall be sufficiently rigid to retain its shape. Concrete shall be thoroughly consolidated by hand vibrators. Hand finishing shall not be allowed after concrete has been in -place for more than 30 minutes or when initial set has begun. Finishing tools made of aluminum shall not be used. The Contractor shall provide a Quality Control Plan (QCP) to ensure that proper hand finishing is accomplished in accordance with current Industry standards. It shall identify the Contractor's method for ensuring that the provisions of the QCP are met. The QCP shall be submitted to the Engineer at the Preconstruction Conference. Concrete placement shall not begin until the Engineer has approved the QCP. The QCP shall identify and address issues affecting the quality finished concrete including but not limited to: (5) Timing of hand finishing operations (6) Methodology to place and transport concrete (7) Equipment and tools to be utilized (8) Qualifications and training of finishers and supervisors When the Engineer determines that any element of the approved QCP is not being implemented or that hand finished concrete is unacceptable, work shall be suspended. The Contractor shall supply a written plan to address improperly placed material and how to remedy future hand finishing failures and bring the work into compliance with the QCP. The Engineer will review the plan for acceptability prior to authorizing the resumption of operations. In subsection 601.14(a) delete the fourth paragraph. February 3, 2011 REVISION OF SECTIONS 627 AND 708 PAVEMENT MARKING WITH WATERBORNE PAINT AND LOW VOC SOLVENT BASE PAINT Sections 627 and 708 of the Standard Specifications are hereby revised for this project as follows: In subsection 627.04 delete the table and replace it with the following DESCRIPTION Paint :. Water -Based, Low `VOC • ' ' Hi . h Build ". hment: , CateralDeviation ; 'ot Max ,"20h.,er2,foAli Coverage Rate S . Ft. per Gallon 100-110 100-110 70-85 Thickness Mil, :: _ - 15-1'7 `— 15=17 , `.20;25 Width Inches Per Plans +/- 0.25 b Time , Minutes:.. , 5:T0 ' ...'. S-90 ;.:. 5-10,, Beads Application Rate, Ibs/gal 6-8 8-10 Subsection 708.05 shall include the following: High Build Acrylic Waterborne Paint. High build acrylic waterborne paint binder (nonvolatile portion of vehicle) shall be 100 percent acrylic cross linking polymer, by weight, as determined by infrared analysis or other chemical analysis available to the Department. 51 February 17, 2012 ' REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows: In subsection 630.16 delete the fifth paragraph. 82 February 3, 2011 REVISION OF SECTION 630 RETROREFLECTIVE SHEETING Section 630 of the Standard Specifications is hereby revised for this project as follows: ' In subsection 630.02, delete Table 630-1, and replace it with the following: Table 630-1 RETROREFLECTIVE SHEETING TYPES Sheeting Type IV♦ Type Fluorescent' Application Work Zone Work Zone All,,Oran geConstruction `ra»"I� 6 '. ��:�;n,X�� 3r �� Barricades (Temporary) X - 'VerticallPanels- Flaggers Stop/Slow Paddle X X Drumsz':., Tu Non -orange Fixed Support "W X signs with prefix STOP sign (R1-1) YIELD sign (R1-2) WRONG WAY sign (135-1 a) X DO NOT ENTER sign (R5-1) EXIT sign E5-1a °DET,OUR signw(M4=g) or ••;r�" Y -'e �' ` �^#�,�"'��'�uL��'='r *,w5��,� at T � �W )`. �T 1 d�� i'S y y�y # y Myy�, A��� 1�� �; R Y Rf"4 t�' `*y,` ks'F✓�� {/�,, '� - ryry N. 4 4 r� All other fixed support si ns3 X X All othecsi ns'used onl g y YX)�s Bunn` �.\ $l X :workin Jhours� ,. 4 , i.\ , N? ,F aYrt uC 1 Fluorescent Sheeting shall be of a brand that is on the MOT Approved Products List. 2 Drum Sheeting shall be manufactured for flexible devices. 3 Fixed support signs are defined as all signs that must remain in use outside of working hours. They shall be mounted in accordance with Standard Plan S-630-1. ♦ New signs and devices shall be manufactured with Type IV sheeting. Existing signs and devices manufactured with Type III sheeting may be used on projects advertised prior to January 1, 2014. Signs and devices used on projects advertised on or after January 1, 2014 shall be manufactured with Type IV sheeting. February 3, 2011 REVISION OF SECTION 630 RETROREFLECTIVE SIGN SHEETING Section 630 of the Standard Specifications is hereby revised for this project as follows: In subsection 630.06, first paragraph, delete the fifth sentence and replace with the following: ' Retroreflective sheeting on new devices shall be Type IV. Existing devices manufactured with Type III sheeting may be used on projects advertised prior to January 1, 2014. Devices used on projects advertised on or after January 1, 2014 shall be manufactured with Type IV sheeting. I LJ I 84 [1 June 16, 2011 REVISION OF SECTION 703 AGGREGATE FOR HOT MIX ASPHALT Section 703 of the Standard Specifications is hereby revised for this project as follows: Subsection 703.04 shall include the following: The aggregate for Hot Mix Asphalt (HMA) shall meet the requirements of Table 703-4A when tested in accordance with CP-L 4211 Resistance of Coarse Aggregate to Degradation by Abrasion in the Micro- Deval Apparatus. The Contractor shall be assessed a price reduction of $1000 for each production sample of the combined aggregate with a value greater than 20 according to CP-L 4211. Table 703-4A AGGREGATE DEGRADATION BY ABRASION IN THE MICRO-DEVAL CP-L 4211 Not to exceed Gorribined>Aggcegate (Miz,Design) Combined Aggregate (1/10,000 tons, or fraction thereof during production) 20 85 July 28, 2011 , REVISION OF SECTION 703 CONCRETE AGGREGATES Section 703 of the Standard Specifications is hereby revised for this project as follows Delete the second paragraph of subsection 703.00 and Table 703-1. Delete subsections 703.01 and 703.02 and replace with the following: 703.01 Fine Aggregate for Concrete. Fine aggregate for concrete shall conform to the requirements of AASHTO M 6, Class A. The minimum sand equivalent, as tested in accordance with Colorado Procedure 37 shall be 80 unless otherwise specified. The fineness modulus, as determined by AASHTO T 27, shall not be less than 2.50 or greater than 3.50 unless otherwise approved. 703.02 Coarse Aggregate for Concrete. Coarse aggregate for concrete shall conform to the requirements of AASHTO M 80, Class A aggregates, except that the percentage of wear shall not exceed 45 when tested in accordance with AASHTO T 96. :• January 20, 2012 REVISION OF SECTION 712 GEOTEXTILES Section 712 of the Standard Specifications is hereby revised for this project as follows: In subsection 712.08, third paragraph, delete the last sentence and replace with the following: The current list of products that meet these requirements is located at: https://www.dot.ny.gov. In subsection 712.08, delete Table 712-2 and replace with the following Table 712-2 TYPICAL VALUES OF PERMEABILITY COEFFICIENTS' Particle Effectiv Size Range a Permeability Turbulent Flow Millimeters (inches) Size Coefficient k 20 cm/s D max D min mm (inches) Derrick STONE 3000 (120) 900 (36) 1200 100 One-man STONE_ 300 (12) 100 (4) 150 (6) 30 Glean, fine to . 80,(3) 10 (Y<)H 13 (%) —10� coarse GRAVEL Fine, uniform 8 ('/) 1.5 ('/1s) 3 (''/a) 5 GRAVEL Very coarse, clean, 3 ('/) 3 0.8 ('/3Z) 1.5 ('/;s) uniform SAND Laminar Flow Uniform, coarse 2 (Y) 0.5 ('/sa) 0.6 0.4 SAND Uniform, medium-� -- — ~ 0.5 --- 0.25 — _ 0.3 � - — 0.1 SAND ___ _ —0.05 �0.1 Clean, well -graded 10 _ 0.01 SAND & GRAVEL QJ 7Krm, fine SAND _ 4_0 x 10' Well -graded, silty 4 x 10' 5 0.01 0.02— SAN_D & GRAVEL __ Silty SAND__ 2 _ 0.005_-_ _ _ 0.01 _ — y_0.006 _ 1.0 x 10-4 _ _ Uniform SILT 0.05 0.5 x 10' 0.005_ Sandy CLAY _ 1.0 _ 0.001 0.002 _ 0.05 x 10' Silty CLAY _�_ - _0.001 _ 0.0015 0.0_1 x 10-4 CLAY ) 50% _ _0.05 0.05 0.0005 0.0008 0.001 x 10-4 clay sizes) � Colloidal CLAY (2 0.01 10 40 10-9 Nm 50%) Basic Soils Engineering, R;K. Hough, 2nd Edition; Ronald Pess Co. 1969, Page 76. Note: Since the permeability.coefficient of the soil will be unknown in most non -critical, non -severe applications for erosion control and drainage, the soil -permeability coefficients listed in Table 712-2 may be used as a guide for comparing the permeability coefficient of the fabric with that of the in -place soil 87 I REVISION OF SECTION 712 WATER FOR MIXING OR CURING CONCRETE February 3, 2011 ' I Section 712 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 712.01 and replace it with the following: 1 712.01 Water. Water used in mixing or curing concrete shall be reasonably clean and free of oil, salt, acid, alkali, sugar, vegetation, or other substance injurious to the finished product. Concrete mixing ' water shall meet the requirements of ASTM C1602. The Contractor shall perform and submit tests to the Engineer at the frequencies listed in ASTM C1602. Potable water may be used without testing. Where the source of water is relatively shallow, the intake shall be so enclosed as to exclude silt, mud, grass, and other foreign materials. 1 1 I 1 88 1 I ' February 3, 2011 RAILROAD INSURANCE The Contractor shall carry insurance of the following kinds and amounts: ' A. CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE LIABILITY INSURANCE. The Contractor shall furnish evidence to the Department that with respect to the operations the Contractor performs, the Contractor carries Contractor's Public Liability Insurance providing for a limit of not less than One Million Dollars ($1,000,000.00) for all damages arising out of bodily injuries to or death of one person and subject to that limit for each person, a total limit of Two Million Dollars ' ($2,000,000.00) for all damages arising out of bodily injuries to or death of two or more persons in any one occurrence; and Contractor's Property Damage Liability Insurance providing for a limit of not less than One Million Dollars ($1,000,000.00) for all damages arising out of injury to or destruction of ' property in any one occurrence and subject to that limit per occurrence, a total (or aggregate) limit of Two Million Dollars ($2,000,000.00) for all damages arising out of injury to or destruction of property during the policy period. ' If any part of the work affecting railroad property or facilities is sublet, similar insurance shall be provided by or in behalf of the subcontractor(s) involved. ' B. CONTRACTOR'S PROTECTIVE PUBLIC LIABILITY AND PROPERTY DAMAGE LIABILITY INSURANCE. ' The Contractor shall furnish evidence to the Department that with respect to the operations performed for the Contractor by subcontractors, the Contractor carries in its own behalf Contractor's Protective Public Liability Insurance providing for a limit of not less than One Million Dollars ($1,000,000.00) for all damages arising out of bodily injuries to or death of one person and subject to that limit for each person ' a total limit of Two Million Dollars ($2,000,000.00) for all damages arising out of bodily injuries to or death of two or more persons in any one occurrence; and Contractor's Protective Property Damage Liability Insurance providing for a limit of not less than One Million Dollars ($1,000,000.00) for all ' damages arising out of injury to or destruction of property in any one occurrence, and subject to that limit per occurrence, a total (or aggregate) limit of Two Million Dollars ($2,000,000.00) for all damages arising out of injury to or destruction of property during the policy period. ' C. RAILROAD'S PROTECTIVE LIABILITY AND PROPERTY DAMAGE INSURANCE. In addition to the above, the Contractor shall furnish evidence to the Department that with respect to the ' operations the Contractor or any of its subcontractors perform, the Contractor has provided for and in behalf of the Railroad Company, and each Railroad Company when more than one is involved, Railroad Protective Public Liability and Property Damage Insurance providing for a combined single ' limit of Two Million Dollars ($2,000,000.00) per occurrence with an aggregate limit of six Million Dollars ($6,000,000.00) applying separately for each annual period for: 1. All damages arising out of bodily injuries to or death of one or more persons. 2. All damages arising out of injury to or destruction of property. D. GENERAL. Said policy or policies of insurance shall be deemed to comply with the requirements of this Special Provision if each of said policies contains a properly completed and executed "Railroad Protective 89 I 1 1 1 1 1 1 i 1 1 1 Title 00239 License Number (If Applicable) (Seal - if Bid is by corporation) Attest: Address 1800 N. Taft Hill Rd. Fort Collins, Co. 80521 Telephone 970 407-3600 Email Kenneth.Ball@martinmarietta.com I I!1 Liability Form", reference copies of which are available from the Agreements Engineer of the Colorado a Department of Transportation, 4201 East Arkansas Avenue, Denver, Colorado 80222. Certificates of insurance required under A. and B. above, and policy or policies of Insurance required , under C. above shall be furnished to the Department's Agreements Engineer for transmittal to the Railroad Company's Insurance Department. The insurance hereinbefore specified shall be carried until all work required to be performed under the ' terms of the Contract is satisfactorily completed as evidenced by the formal acceptance of the Department. The Railroad Company shall be furnished with the original of each policy carried in its behalf. .11 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors I I I� 11 11 [1 1 I SECTION 00410 BID BOND KNOW ALL MEVY THESE PRESENTS: that we, the undersigned Morin Ha An Ma}e(-Ials as Principal, anNs s Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $'Five Percen+oF Ac U' for the payment of which, well and truly to be made, we hereby jointly and severa y ind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made -apart hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 7366 Harmony Road Maintenance Project— College Avenue to Timberline Road. NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shali be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. ..The._Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the _.time within -which the OWNER may accept such Bid; and said S_urety_do_es-he.re_by_waive. notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. r (: ).jber�y MuJuoi 2neumnce. Compckny l 1 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 4420440 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company'), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint BYRON CREECH, TODD CRUMP, REBECA L. GOMEZ PORRAS, KRISTY W. KRETZSCHMAR, ALL OF THE CITY OF RALEIGH, STATE OF NORTH CAROLINA......................................................................................................................... , each individually if there be more than one named, its true and lawful attorney -in -tact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds; recognizances and other surety obligations in the penal sum not exceeding TWENTY FIVE MILLION AND 00/100" """""•'""•'"`"' '"""""""' DOLLARS ($ 25,000,000.0 "•""'"""• '"••"' ) each, and the execution of such undertakings, bonds, recognizances and other suretyobligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 28th day of February 2011 LIBERTY MUTUAL INSURANCE COMPANY IAI- Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 98th day of February , 2011 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation: and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WH REQ°P P a1Pa, t�Q unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. Q. �yiON'N� COMMONWEALTH OFPENNSYLVANIA !~ 4 OF ra,.:�P.,I. By r:o:arY Pwrc �P Mre Pk" ° " ''01 Ter sa Pastella, Notary Public CERTIFICATE �IRf�y p�V I, the undersigned, Assistant ecrelary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Libefty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the companlr in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN T Tr y 1MONY�WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this aq -il.� day of j Y tQ/LC t By David M. Carey, ;\ss0trnt Secretary I SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1 . Name of Bidder: Martin Marietta Materials Inc. 1800 N. Taft Hill Rd. 2. Permanent main office address: Fort Collins, Co. 80521 3. When organized: November 1993 4. If a corporation, where incorporated: North Carolina 5. How many years have you been engaged in the contracting business under your present firm or trade name? 20 Years 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) City of Greeley 2012 Overlay Project $2.5 Million Fall 2012 Provincetnim Ph. 3 Subdivision $150,000 SVpuner 2012 7. Union Colony Elementary School Parking Lot $180,000 Summer 2012 General Work by character of performed your company: Asphalt Paving, Aggregates, Ready Mix Supply 8. Have you ever failed to complete any Work awarded to you? No If so, where and why? N/A ' 9. Have you ever defaulted on a contract? No If so, where and why? N/A ' 10. Are you debarred by any government agency? No ' If yes list agency name. N/A 1 1 1 I I 11. List the more important projects recently completed by your company, stating the ' approximate cost of each, and the month and year completed, location and type of construction. Harmony Bridge Replacement $2.5 Million Dec. 2010 Ft Collins Street Widening Citv of Greelev 2011 O/I $2 Million Dec 2011 Greeley Street Repair. City of Ft Collins 2011 O/I, $2 Million Dec. 2011 FC Street Repair 12. List your major equipment available for this contract. Please see attached list of equipment 13. Experience in construction Work similar in importance to this project: City of Fort Collins and Greeley Overlay projects. Major subdivisions, school, hospital, and corporate building parking lots patch repairs and overlays. City & County bridge repairs and replacements. 14. Background and experience of the principal members of your organization, including officers: Patrick Walker President-Rockv Mountain Division 25+ Years David Lemesany Regional Vice President 25+ Years Kenneth R. Ball Northern Area General Manager 12+ Years 15. Credit available: $ Unlimited 16. Bank Reference: Wells Fargo Bank 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? Yes 18. Are you licensed as a General Contractor? entire state of Colorado If yes, in what city, county and state? 00239 General Contractor's License What class, license and numbers? 19. Do you anticipate subcontracting Work under this Contract? Yes If yes, what percent of total contract? Please see list of subs And to whom? I I I I I Martin Marietta Materials �2gMA Rocky Mountain Division 1800 N. Taft Hill Road Fort Collins, CO 80521 ASPHALT PLANTS —4. LOADERS 4 Oil Distributors 1 5 Michigan Loader 18 Field Conveyors 1 .75A Michigan Loader. - . 2 Draglines TRAILERS W/RAMPS SPRAYERS 1 AC Loader 11 Light plants & Generators TERRAIN HYDRA CRANE 14 Conveyors, portable 1 125 Michigan Loader 17 Silos 1 175B Michigan Loader 3 Baghouses 2 966 CAT Loader 1 275B Michigan Loaders TRUCKS & AUTOMOBILES TRUCKS 22 Passenger Cars 3 920 CAT Loaders 10 Single Axle Mechanic's TRUCKS 7 910 CAT Loaders 2 Single Axle FlatBeds TRUCKS 1 Tandem Flatbed 2, 936 CAT Loaders 7 Single Azle Water 1 950 CAT Loader TRACTORS 4 Single Axle Water 3 Scoopmobiles 1 224 CAT Loader. 2 Tilt Trailers 40 Pickup Trucks COMPACTORS 7 Tandem Patch Trucks 2 Vibro Plate Compactors 6 Tandem Water Trucks CAT 815 22 Tandem Dump Trucks 30 Over -the -Road WEIGHING EQUIPMENT 1 Scales 2 Gravel Tailers 4 Ramsey Belt Scales 1 Gravel Tractors 10 Tool Trailers SCRAPERS 7 Oil Trailers 5 613 CAT Scraper 1 4000 Gallon Water ROAD WIDENERS 1 Pipe Trailer 1 Blaw Knox Road Widener 8 Lab & Office Trailers 5 Loboy & Hiboy Trailers RAILROAD CARS 1 Rock Trailers 35 Gondola Type Cars 3 Single Axle Fuel Trucks 7 1-Ton W/Dist. .Tanks TRACTOR — CRAWLERS 2 Farm Tractors 1 634 CAT Dozer 7 20. Are any lawsuits pending against you or your firm at this time? No IF yes, DETAIL N/A 21. What are the limits of your public liability? DETAIL $200,000,000 What company? Liberty Mutual Insurance Co. 22. What are your company's bonding limitations? $20,000,000 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. Dated at Noon this 17th day of April , 20 12. Martin Marietta Materials, Inc Name of e By: - Kenneth R. Ball Title: Genera Manager State of Colorado County of Larimer Kenneth R. Ball being duly sworn deposes and says that he is General Manager of Martin Marietta Materials, Inc and that (name'of organization) _.the.answers-to the foregoing.questions-and all statements therein contained are true and correct. Subscribed and sworn to before me this 17th day of April 2012. 2 Uz (Seal) Notary Public �1111111 Patrese E. Yarbrough My commission expires: 03/28/13 SE ``��PE..•..•r99�' NOTq 'p? eC- m Ge4lC r ., 'ORPP s, 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 Traffic Control Concrete Asphalt Planning Landscaping Fence & Guardrail Erosion Control Quality Traffic Control Gerrard Excavating Northstar Concrete Alpha Milling Co. V & S Landscaping & Sprinkler System Town & Country Fence Co. All Terrian Environmental I u 1 1 11 SECTION 00020 INVITATION TO BID SECTION 00500 AGREEMENTFORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed I I 1 I I I I 1 1 SECTION 00510 NOTICE OF AWARD DATE: April 18, 2012 TO: Martin Marietta Materials. Inc. PROJECT: 7366 Harmony Road Maintenance Project — College Avenue to Timberline Road OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated April 17, 2012 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for. 7366 Harmony Road Maintenance Project — College Avenue to Timberline Road. The Price of your Agreement is Two Million Forty -Seven Thousand Three Hundred Sixteen Dollars and Twenty -One Cents ($2,047,316.21). 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 folio I ing conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by May 4, 2012. 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 co ditions within the time specified will entitle OWNER to consider your Bid abandoned, ' to i 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 OW1 _ J m s B."NeCPPO, NIGP Di ctor of Purchasing &Risk Management I 1 1 I 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 18`h day of April in the year of 2012 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Martin Marietta Materials, 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 7366 Harmony ' Road Maintenance Project — College Avenue to Timberline Road and is generally described in Section 01010. ' ARTICLE 2. ENGINEER The Project has been designed by Atkins, 4601 DTC Boulevard, Suite 700, ' Denver, CO 80237. The City Engineering Department, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in ' connection with completion of the Work in accordance with the Contract Documents. ' ARTICLE 3. CONTRACT TIMES ' 3.1 The Work shall be Substantially Complete within seventy (70) 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 twenty (20) calendar days after the date when the Contract Times commence to run. ' Substantial Completion is defined as: completion with City acceptance of all earthwork, concrete curb and gutter, asphalt rehabilitation, asphalt overlay and concrete sidewalks / curb ramps. Final Acceptance is defined as: completion ' with City acceptance of all underdrain, landscape plantings, irrigation system, median cover material (mulch and stone) and punch list items as determined by the Engineer. 1 1 I 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. 1) Substantial Completion: Five Thousand Dollars ($5,000.00) for each calendar day or fraction thereof that expires after the seventy (70) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Five Thousand Dollars ($5,000.00) for each calendar day or fraction thereof that expires after the twenty (20) 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: Two Million Forty -Seven Thousand Three Hundred Sixteen Dollars and Twenty -One Cents ($2,047,316.21), 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. I 1 I t 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 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 information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground ' Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. ' 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. ' 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written ' resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of ' "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by ' this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions ' in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: ' 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases ' 7.2.4 Consent of Surety 1 11 I 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: 1 TITLE SHEET 2 GENERAL NOTES AND STANDARD SYMBOLS 3-9 ROADWAY TYPICAL SECTIONS / DETAILS 10 SUMMARY OF APPROXIMATE QUANTITIES 11-17 TABULATIONS 16 - 28 REMOVAL PLANS 29 - 42 ROADWAY PLANS 43 - 44 FLOWLINE PROFILES 45 - 50 ROADWAY DETAILS 51 RAILROAD CROSSIGN DETAIL 52 - 53 LANDSCAPE PLANS 54 - 56 IRRIGATION PLANS 57 - 67 GRADING, DRAINAGE AND EROSION CONTROL PLANS 68 DRAINAGE PROFILES 69 - 70 SIGNAL PLANS 71 - 83 SIGNING AND STRIPING PLANS 84 - 132 ROADWAY CROSS SECTIONS P1 - P3 POTHOLES OF EXISTING UTILITIES EXHIBIT C1 - C13 PAVEMENT CORE SHEETS B1 - B4 DIXON LATERAL INSPECTION SHEETS The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers N/A to N/A, 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. OWNER: CITY OF FORT COLL S CONTRACTOR: MARTIN MARIETTA INC. By: By /ti' -PRINTED jAy'F,S B. O'NEILL II, CPPO, FNIGP l DJ�CTOR OF PURCHASING Title: 6 I Ce, e5y�Ie4_ AND RISK MANAGEMENT Date: �J� 2,5_I I -A-- /-17 'Attest: GL n NCity Clerk /41e4;.Y, Address for giving notices P. O. Box 580 Fort Collins, CO 80522 /AfTroved as to Form ssistant City Attorney,___-.,- 7 IP L` 22 r ; SEAL � (CORPORATE SEAL) .9" rkp. est: 40,10 (0, z't'j h zv/7" 0 Addr s for giving notices: License No.: 00 I SECTION 00530 ' NOTICE TO PROCEED Description of Work: 7366 Harmony Road Maintenance Project — College Avenue to ' Timberline Road To: Martin Marietta Materials, 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: Martin Marietta Materials, Inc. 1 By. Title: SECTION 00020 INVITATION TO BID Date: March 27, 2012 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 April 17, 2012, for the Harmony Road Maintenance Project — College Avenue to Timberline Road; BID NO. 7366. 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 7366 Harmony Road Maintenance Project — College Avenue to Timberline Road. The Work consists of pavement rehabilitation techniques with a two inch asphalt overlay of Harmony Road from College Avenue to Timberline Road. Three dedicated right turn lanes will be constructed along the corridor with a box culvert (bridge) removal on Lemay Avenue. More specifically, the project includes the following: removals as defined in the plans, utility coordination, earthwork, erosion control, concrete curb and gutter, full depth asphalt pavement, asphalt mill and inlay, paving fabric, concrete sidewalks, a raised landscaped median, an irrigation system servicing the proposed median and construction zone traffic control. Signing, striping, traffic signal pole relocations and construction staking will be completed by the City of Fort Collins. 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 April 3, 2012, in the Community Room 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.fcgov.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. 0 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 ,1 ' SECTION 00610 PERFORMANCE BOND Bond No. 016049980 ' KNOW ALL MEN BY THESE PRESENTS: that ' Martin Marietta Materials, Inc 1800 N Taft Hill Road, Fort Collins, CO 80521 (a Corporation), hereinafter referred to as the "Principal" and (Firm)Liberty Mutual Insurance Company (Address) 175 Berkeley Street, Boston, MA 02116 hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins. 300 ' Laporte Ave. Fort Collins Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of Two Million Forty -Seven Thousand Three Hundred Sixteen Dollars and Twenty -One Cents ($2.047 316 21) 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, finely by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a ' certain Agreement with the OWNER, dated the 18th day of April, 2012, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 7366 Harmony Road Maintenance Project — College Avenue to Timberline Road. ' NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or ' without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure ' to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. ' PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. I �M II 1 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 26th day of April 2012. IN PRESENCE OF: Principal ' ayd2z:41� Martin Marietta Materials. Inc. v ' Todd Crump, Insurance Manager . (Title) (Title) pyron Creech, Assistant Treasurer (Corporate Seal) 2710 Wycliff Road, Raleigh, NC 27607 ' (Address) ' IN PRESENCE OF: Other Partners By: By: IN PRESENCE OF: Surety - Liberty Mutual Insurance Company BY: C s� Rebeca L. G6mez Porras, ttorney-Tn- ac ' Todd Crump, Insurance Manager 175 Berkeley Street, Boston, MA 02116 (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. t 1 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 4428504 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint BYRON CREECH, TODD CRUMP, REBECA L. GOMEZ PORRAS, KRISTY W. KRETZSCHMAR, ALL OF THE CITY OF RALEIGH, STATE OF NORTH CAROLINA......................................................................................................................... ......................................................................................................................................................................................... each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obliggations in the penal sum not exceeding TWENTY FIVE MILLION AND 00/100" *********""******_** '**'»*»******* DOLLARS ($ 25,000'000.00****»*** )each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, m execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such 'C attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their 0 signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be 4) as binding as if signed by the president and attested by the secretary. c .y By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: s Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby MO authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and _ c deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. M O That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 28th day of February 2011 LIBERTY MUTUAL INSURANCE COMPANY COMMONWEALTH OF PENNSYLVANIA ss Garnet W. Elliott, Assistant Secretary COUNTY OF MONTGOMERY On this 28th day of February 1 2011 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WHEF(g; ve.tke. unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. ` ,a `< ^ COMMOkYJERUH OF PENNSYLVANIA Y Ns*ti. Sew OF Tn-¢ WP.M.Notary PuNC -U P!ymcum Twp. Mo�rde,n,*y comiv By My Comm:sc Expkes Mach 29, 2013 �4 Ter sa Pastella, Notary Public �Ay"1�NiQ' � Mun,Dw. FcrvisyhormAaaeeiutlur,M M1Wuelun CERTIFICATE Aqy y� I, the undersigned, Assistant ecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. ' VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. AA ' IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixed the corporate seal of the said company, this oz day of ij By David M. Carey, AssiptfiRt Secretary IUD yW C E 0a Q� 0� d c 3� of aM y0 w 00 C d 'v_ 3 R(D >a yo v rco 2� C wo 06 0 r I 1 ' SECTION 00615 PAYMENT BOND Bond No. 016048980 KNOW ALL MEN BY THESE PRESENTS: that Martin Marietta Materials, Inc 1800 N Taft Hill Road, Fort Collins, CO 80521 (a Corporation), hereinafter referred to as the "Principal' and ' (Firm) Liberty Mutual Insurance Company (Address) 175 Berkeley Street, Boston, MA 02116 hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins. ' 300 Laporte Ave., Fort Collins. Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum Two Million Forty -Seven Thousand Three Hundred Sixteen Dollars and Twenty -One Cents ($2,047,316.21) of in lawful money of the United ' States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a ' certain Agreement with the OWNER, dated the 18th day of April, 2012, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 7366 Harmony Road Maintenance Project — College Avenue to Timberline Road. ' NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations fumishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including ' all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or ' otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED. FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the ' Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond: and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the ' Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. ' PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 26th day of April 2012. IN PRESENCE OF: y/� Principal �` /ir�/%'iMC Martin Manetta Materials, Inc. Todd Crump, Insurance Manager //&�, � (Title) (Title) ron Creech, Assistant Treasurer (Corporate Sea[) 2710 Wycliff Road, Raleigh, NC 27607 ' !N PRESENCE OF: IN PRESENCE OF: f�/J ' Todd Crump, Insurance Manager (Surety Sea!) 1 1 (Address) Other Partners By: By: Surety - Liberty)' ff\Mutual Insurance Company By Rebeca L. bmez Porras, ttomey- n- act 175 Berkeley Street, Boston, MA 02116 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 4428511 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint BYRON CREECH, TODD CRUMP, REBECA L. GOMEZ PORRAS, KRISTY W. KRETZSCHMAR, ALL OF THE CITY OF RALEIGH, STATE OF NORTH CAROLINA......................................................................................................................... ............................................................................................................................................................................................... , each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obliggations in the penal sum not exceeding TWENTY FIVE MILLION AND 00/100'* ***************'**** *****"'*****" DOLLARS ($ 25,000,000.00***"'***'***" )each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 28th day of February 2011 LIBERTY MUTUAL INSURANCE COMPANY By( IAI- COMMONWEALTH OF PENNSYLVANIA ss Garnet W. Elliott, Assistant Secretary COUNTY OF MONTGOMERY On this 28th day of February 2011 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. "�� IN TESTIMONY WH OIF, 111�-(n1e itgreunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. �'�' �A,e�'•'r�-� �. COMMONWEALTH OF PENNSYLVANIA V 5 �' NrCarwi Searl By �Lii�KNl-40 OF arasa Pa¢ alla, Nowry' Pualic P.ymauVt Twp Mantpumwy County My Comm,ubn Expae¢ Mach 2tl, ZO 13 CERTIFICA�q� �V` Ter sa Pastella, Notary Public I, the undersigned, Assistan ecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. ' VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. nn�/ IN T TI ONY�HEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 0% � day of t By r >' David M. Carey, Ass' t Secretary _ C � O U H 0 CL Q Cl) 0.4 L � d 3� OE aE _N t O w O C 2 y. =0 3 io at >� yo .t N co E� w C Co 0 O , H CD SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. '�� ECERTIFICATE OF LIABILITY INSURANCE DATEYYYY) OS101/2012® 20,2 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(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh USA Inc. 100 North Tryon Street, Suite 3200 CONTACT NAME: OE X A"c NN Ex A/c No Charlotte, NC 28202 Attn: CA NON-RESIDENT NO. OB22889 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A : ACE Amencan Insurance Company 22667 J56965-i.MMM-GAXWX-11-12 RM201 INSURED Martin Marietta Materials, Inc. Alin: Mr. Todd Crump INSURER B : Indemnity Ins CO Of North America 43575 INSURER C : N/A NIA 2710 Wycliff Road PO Box 30013 INSURER D INSURER E : Raleigh, NC 27622 INSURER F : COVERAGES CERTIFICATE NUMBER: ATL-003086073-03 - REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR) LTR rypE OF INSURANCE ADOL SUER POLICY NUMBER POLICY EFF MMIDDNYYY POLICY EXP MM/DD/VYVV LIMITS A GENERAL LIABILITY HDOG25532119 0913012011 09/30/2012 EACH OCCURRENCE $ 3,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F_x1 OCCUR DAMAGE TO RENTED PREMISES Ea occurrence 50,0 $ 00 MED EXP(Any one person) $ NIA PERSONAL 8 ADV INJURY $ 3,000,000 GENERAL AGGREGATE $ 6,000,000 GENL AGGREGATE LIMIT APPLIES PER: X I POLICY F-1 PRO F� LOC PRODUCTS - COMP/OP AGO $ 6,000,000 1 $ A AUTOMOBILE LIABILITY ISAH08692361 09/30/2011 09/30/2012 COMBINED SINGLE LIMIT Ea accident $ 3,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS (Per accident) BODILY INJURY Pi $ X HIRED AUTOS X NON -OWNED AUTOS PROPERN DAMAGE Per accident $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ E%CESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION$ $ I B WORKERS COMPENSATION WLRC46771229(AOS) 09/3012012 X I WC STATU- OTH- A ANDEMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? O (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N r A ]09/3012011 WLRC46771242(MA) 09I3012011 09/30/2012 R E.L. EACH ACCIDENT 2,000,000 $ E.L. DISEASE - EA EMPLOYE $ 2,000,000 E.L. DISEASE - POLICY LIMIT 2,000,000 $ DESCRIPTION OF OPERATIONS r LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Re: Project: Harmony Road Maintenance Project Bid No. 7366 The Owner, (City of Fort Collins), engineer, and engineers consultants and their respective officers and employees are additional insured under General Liability and Automobile Liability as their interest may appear, if required by written contract with the named insured, subject to the terms and conditions of the policies. Railroad is added to the GL policy in favor of the certificate holder per form #CG 24 17 where required by written contract. Railroads form #CG 24 17 does not have an exclusion or limitation for any work being done within 50 feet of the railroad track. ACORD 25 (2010/05) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Katherine Firme 'e-ja � ©1988-2010 ACOR❑ CORPORATION All rinh}c roeer ,.,4 The ACORD name and logo are registered marks of ACORD ' SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 7366 Harmony Road Maintenance Proiect — College Avenue tto Timberline Road PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: Martin Marietta Materials, Inc. CONTRACT DATE: April 18, 2012 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. CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER AUTHORIZED REPRESENTATIVE DATE 11 1 1 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. 1 The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. 1 Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. 1 Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, 1 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. 1 City of Fort Collins James B. O'Neill, II, CPPO, FNIGP Purchasing & Risk Management Director SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 20_ TO: Martin Marietta Materials, Inc. Gentlemen: You are hereby notified that on the day of , 20 , the City of Fort Collins, Colorado, has accepted the Work completed by Martin Marietta Materials, Inc. for the City of Fort Collins project, 7366 Harmony Road Maintenance Project — College Avenue to Timberline Road. 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 April 18, 2012. 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: L I 11 I I I I I SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Martin Marietta Materials, Inc. (CONTRACTOR) PROJECT: 7366 Harmony Road Maintenance Project — College Avenue to Timberline Road 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 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: Martin Marietta Materials, 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_ r r SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Martin Marietta Materials, Inc. ' PROJECT: 7366 Harmony Road Maintenance Project — College Avenue to Timberline Road CONTRACT DATE: April 18, 2012 In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of r hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of 20 r (Surety Company) By: ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. U Ul Il I 11 r 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) 0 C I I r)r) IJr)T 1NPITP INI Tulc cPerF 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 r. Trade name/DBA: Owner, partner, or corporate name: Mailing address (City, State, Zip): Contact Person E-Mail address: Federal Employers Identification Number: Bid amount for your contract: $ Fax Number. ( Business telephone number: Colorado withholding tax account number. Copies of"contract or agreement pages (1) identifying the contracting parties .j EXEMPTION !INFORMATION and(2) contalmng: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 Esated Month Day Year construction start date: comtimpletion 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 ! ! Special Notice ! Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all. Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available. for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. SECTION 00700 GENERAL CONDITIONS I I I I GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL. CONDITIONS have been developed by using the STAND .ARD4L\UC-kL. CO\,7D[Tf(:)N..S OF THE CONSTRUCTION CONT-RAC7 prepared bV the Engineers Joint Conuaet'DmuwQn(.q Committee. RIMC No. 1910-3 (19tXj Edition), as a base. Changes to that doeunwnt are shown by underliningtext that has been added and striking dirmgh text that has been deleted, I I E JC D C G E. 1\ ' CONDITIONS 191 0=8 (I 9901-DITION) WITH C[Ty 01;'VORTCOLLINS MODLI-ICATIONS (tWV 9/99) I I Article or Paragraph Number & Title TABLE OF CONTENTS.OF GENERAL CONDFRONS Page -Vticle or Paragraph Numtxr Number &'ritle DIFENTITIONS ....... z_ - ..... 1 ............ .. 17-1-I.T.-I 1.1 Addenda .......................... 11' Agreement............................ .............. 1 1.3 Application for Payment..,,,,,_,,,,,,,.___ 1. 1.4 Asbestos ..................... J 1.5 Bid ............................ 1 1;6 Bidding Documents..--....-..._ .......... ... 1, 17 Bidding Requirements 7 ...... __-7-1 las Bonds ......................................I..........1 0 Ch3ngeLOrder, ..................._,..............,I 1. 10 Contract Documents 1.11 Contract Price, .................. ...... 1.12 Contract Times .......... ... .... :1 . .......... -!J 1-13 COIITRACTOR� .......... "" ........ 4 .........1 .... * I I IA4 djfectivt� ...................... I ..... :: ................ I 1.1 � Dri%vings ....... _ I ..................... ............ 1 1:16 Effective Datc'of the Agreement .1 L 17 EINGNEER ......... .. I 1. Is ENIGNICE-Ts Corisuhant, ......... 6 ..... 6 ..... 1 119 Field Ordcr____.:........::::.:..........._I I., General Requirements, ......................... 121 H=rdous Waite .............................. - 2 1.22.a Laws -and Regulations. l.ays or Regulations 2 1 .2 ' 1b Legal flolidays .......... 4 ................. ....... *2 1.23 Liens ............. 4 ............. .......... 4 ....... 'Z I., -4 %�Westone... .................. : ................. i 1.25 Notice of- Awird 2* 1 _26 ',�otiee to Prtxccd 2 1.27 OW.NIER ................. I 4.- 1.2)s Partial Utilization,, .............................. 1.29 PCBs ....... __ .............. 2 1.30 Petroleum, --------- --- ------ -------- 1;31 Project.............. ............ ........ ........... 2, 1.3-'.a Radioactive Material ............................. 4 1.32.b Regular Working Hours .............. I - 1_33 Resident Project Representative ......... ::. .'2 1.34 Samples..............................I...............'--. I . I , i Shop Drawings..__ .............. ............... 2 L36 Specifications ................. ........... _ 2 1.37 Subcontractor ......................................1 L.-Is Substantial Completion .................4...... 1.39 Supplementary Conditions,,,,,,,,,,,,,,,,;, 1.40 Supplier.:.:.,.:....... 1.41 Underground Facilities, ............. 3 1.42 Unit Price Work ..................................3. 1.43 Work ......... ............. - .............. 1.44 Work Change Di restive,,,_, --_... . - : ......... 3 1.45 Written Amendmcnt ..................... Pnee Number PREL111,11NARY NIATTERS --- ::-: ...... : ........ __ _3 11 Delivery of Bonds, Y - ............................ Copies or Documents ...................... Commmeement,of Contract IF inics. - Notice to Proceed,-_,,,,,,,,__ 3: 2.4 Starting the Wok ......... I ......... ........ 3' 2.5-17 Before Starting Constructicm; CONTRACTOEVs Responsibility to Report; Prelim inary SLhediles; Delivery of Certificates of Insurance 3-4 ?s Preconstruction Cunrerenye.,__.___,__4 ':q Initially Acceptable'Schedules .... ...... I C.O�N7RACT DOCU-14EINFIS: LATENT AMENDING. REUSE-_,.,_.,,,_.._.... I ................. .. 11 3.2 Intent 3.3 Reference to Standaids- and Speci- tications of'rech nic:al Societies-, Reporting and Resolving Dia- crepancies; ........... . ................... 4-5 3-4 Intent of Certain Terms or Adjectives. .............................. 5' 3.5 Amending Contract Docun en ts. 3.6 Supplementing Contract Documents, .................................. 5 3:7 Reuse of Docurn eats ......... I .......... AVAILABILIT N' OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS: REFERENCE PORNITS ............... ................... _... 5 4.1 Availability or Lands ................... - 5-6 4, 2 Subsurface and Ph%sicil Conditions .... * ................ "- 6 4.2.1 ; Reports and Drawings., ..... : ............... P 4.2. 1 Lim ited Rehince bv CON,rRAC- TOR Authorized; Technical Data.............................................6 4.2.3 Notice of Differing Subsurface or Physical Condition.5 .................. j5 4; 14 FN1GF,,TFFRs Rcviciv.....' I ................. 0 4A.5 Possible Contract Docum cras Change _6 4.2:6 Possible Price and Times AkIjUstill eats ...... 7 43 Physical Conchtions.-Undrground Ficilitic* ...... .......................... 7 43:11 Shown or Indicsted....- ............._,....7 4.3.2 .',Tot Shown or Indicated...,., ..........:...7 4A Reference Points .............................. I VJCDC GENL:IUkl. CONDITIONS 191 (143 6990 VD111.0N1 wi (7'rY GF Mar cof.r.rNSMODIFICATI ONN iMV9i9)) I I 1 I I I T Anieleor I'araeraph Page Number .S'ritic TlUrn IVr 4.5 t\sbestps. PCBs, Petroleum. IIaardous Waste or RndioactiJc'Material..................... 7-8 WINDS AND INSURANCE _ ................................ x Performance. MMryment andOthur Bonds..:........................................... S 53 Licensed Sureties and Insurers; Certificates of Tnsurance,....... ........ _S 5.4 CONTRAC'OR's Liability Insurance t 5.5 OWNEWs Liability Insurance,,,.,,_..... 9' 5.6 Property Insurance„_..... _........•_....9-10 5.7 Boiler and Machinzr-v or.Addi- tional .Property Insurance, ........ ...... ;J0 5.8: Notice of CancellationPro%ision IO i9 • CON FRACTOR_'s Rcsponsihility for Deductible .amounts . .;I(1 5.10_ Other Special [nsurance............... II'1 S.l t Waiver of Rights,,,,,,,, 5.12-5.I3 Receipt and Application of Insurance Prccecds 10-II 5.14 Acccptanceol'Bonds and Insts- once; Option to Rzpince,,,_„11 5.15' Partial Utilization --Property Insurance ...:...................:................ I.I C ONTRACfOR'S RESM- msBILR'[ES 1 I 6.1-61, 2. Supervision and Superintendcnc4,,,,... I I 6.3-6.3 Labor, Materials and Equipment,,, 11-12 tiro Progress Schedule: ............................. 12 6.7 'Substitutes and "Or -Equal" Items; COINTRACTOR's Expense: Substitute Construction Methods or"Proccdurk. EMUINF,ER's Evaluatiam12-.13 &M. I I Concerning Subcontractors, Suppliers and Others-, Waiver of Rights..........................13-14 6,1^_ Patent Fecs and Royalties .................... 14 C,.13: Perot its .-----.:._ _ 1-1� 6.14 Lawn andRe-gulations,._...__,..., 1,4 6.15 Taxes ...................................._..._: 14tj 6.16' ;Use of Premises..................................15 6:17 Site Cleanliness , 15 (),Is Safe Structural Loading,......................15 6.19 Record Documents .....:.......................15 6?0 S.ifetyandProtection ... _,15-16 6.21 Safety Representative ......................... 16 6.22 Hazard Cons munitation Programs;,,,,. In 6.23 Emergencies., ................. .......... *' " ..16 6._'4 Shop Drawingsand Sample.g........ I ..... Iri Article or Paragraph tMge _"um fx-r & Title Numlxr 6.2S Submittal Proceedures; CON- TRACTOR'sReview Prior to Shop Drawing or'Sample Submittal 16 6._6 Shop Drawing,t Sample Submit- tals Review by EiNGLNEER,,,,,_16-17 6.1-7 Responsibility for Variations From Ooittract Documents,,,,.:,,,,,,1.7 6?S Related Work Performed Prior to F.NGINFFR's Review'and Approval oC Required Submittals.- ... 17 6.29• ContinuinL the Work...,.. ---- ,,,,,,,,,,,,17 ...... 6.30 CONTRAC'T02s General Warranty and Guaranteq............ ._I 7 6.31-6.33, Indemnification 17-IS G34 Survival of Obligatioris,,,,,,,,,;,,,,IS 7. OTIIER WORK ............._............... ....._............I3 7.14.3 Related Work at Site__ I S 7.4 Coordination.._...__.,_,....__........ IS S. OWNER'S RESPONS[BIL ITIF3,,,,,,,,,,,,,,,,,,,,,,,;;J 8 8.1 Communications to CON- TRACTOR ..... ...............:...:..:.... IS 8.2 Replacement of ENGINEER............ IS 8.3 furnish Data. and PapPromptlg When Due :......... .... .................... .. 's SA Lands mii Easements; Reports' and 'rests ........................... .... 18-I9 8.5 Insurance ....................................... t9 8.6• Change Orders-., .... 6_19 8_ 7 Inspections, Tests and Approvals .................................. .19 S. Stop or Suspend Work; Terminate (_oN IrRACI'OR's Services .. ......... �....., 19 8.9 ..... ......::..:.... Limitations on OWNERS, Respons ibi l i ti e s....................... .....19 5.10. Asbestos, PCBs, Petroleum,. Hazardous W'ltste or Radioactive Material --.19 3.11 Evidcncc of Financial AtTangemcnls...............-----_...,19 ). EJGUEER'S STATUS DL-RING CONSTRUCTIoN_.., .........19 9.1 OWNF.R's vc Rz resentati p � 19 9' Visits to Site,. _...._-,- 19 h,3 F7oject Ripresenmtiyz,.....,.„...,-,.19-21 9.4 Clarifications and Interprc= tat tons ......................................... 51 9.5 Authorized Variations in 6'prk......._=l WCOCJ ULNMR LCANDI'11ONS 191n-S.i19'la GDITIOM %Yf0TY OF FORT CQLLINS MODIFICATICIN31RLV 91991 I SECTION 00100 INSTRUCTIONS TO BIDDERS Article or Paragraph Page Article orRaragraph Number S-Title Num her Number &-Title 96 Rejecti n- Dqfe47n1*e Work .............:....:'I. 93-7,9 Shop Drawings, Change Orders and Payments:...................................21 9.10 Determinatims for Unit Prices__,-21-2-1 m 1 -9. 11 Decisions on Oispbtm EN101- ,NEER as Initial Interpreter 2 2 9.13 .............. Limitations on ENGIINEERs Authority and Responsibili(ics, 421-223 CHANGES IN THE.: . WORK ........................................ W. I CWLNFR's Ordered Change ................. 23 14. IG.2 claim for Adjustor ent .... 7. ...... :- ---.23 103 Work, Not Required by Contract Daum ents, ........... I ..... ... .... .......... 1-3 .10.4 Change Orders............_ "' -* ..... ...... *- .23 111:5 Notification of Surety --- ........... ......... CHANGE'- OF co,\,TRAcr PRICE _3 HA-11.3 Contract Pride. Claim Adjustment; Value of the Work 23124 11.4 Cost of the Work... ....................... 4-25 11.5 Exclusions to Cost or the work .......... 25 I 1 .6 coN*i*RL\d'roR's Fee 25 I1.7 Cost Records.- 46 25 � 1.3 Cash Allowances ................................ 26 11.9 Unit Pria Work ................................ 26 CHANGE OF CONTRACT TrN - fE S ...................... _ _ '-6 12.1 Claim for Adjustment.........................26 12.2 Time of the Essence....._ ................... 6 11.3 Delays Beyond CON7RACTORs Control ....... :.- . .......... --:.; ...... 26-27 12.4 Delays Beyond OWNT R!s,and CON TRACTOR!s Control ..................7 TESTS AND NSPECTION& CORRECTION' REINIOVAL OR ACCEPTANCE OF DEF,ECHVE WORK .............................. :: ......... ....... ;P 13.1 K66ce of Defdts .... ; .......................... 1,7 Access to the Work ..... ......... .-."7 133 Ta.qts.and Inspections; CO . NTTRACTOR's Cooperation: ......... 27 13.4 OWNERs Responsibilities; Independent esting Laboratory...,,, 13-_ir CO',q4 PACT6R!q Responsibililies'................ ; ........ 13.6-13.7 Covering Work Prior to [n.qpcc- tion, Testing or Approval ................ 27 0.8-13.9 Uncovering Work at CNIGI- Pagc Number \IEER's Request ................. ...... 7-28 13.10 OWNER Nfiy Stop tho Work�. ....... 2S 13:11 Correction or Reffirovil of Defective Work . .......................... . �8 13,12 Correction Period 2S 13.13 Acceptance at'Defiective 13.14 OW`9Bp May CarrectDefective Work 18-29 PAYNINNITSTO AM) c(.)xtpLE'n&t,, .............:...::.:..:....I -- .... 14.1 Schedule of Values, ------ , -,. __ ... -9 14.,2 Application for Progress payment ................. ............ .29 14.3 COi,rfRAC,`TOR's Minanty of Title : 29 144-147 Review of Applications for Progress Paymerta ............... __29-30 14.8-14.9 Substantial Completion,,,,,,,,,,,,,,,,,, 30 14.10 Pirtial Utilization -------- _ -;,, _,30-31 14.11 Final Inspection ................ .......... 11 14.12 Final Application for Payment ........ 31 1 -1. 13- 14.14 k'inql Nyment and Acceptance- ... 31 14. 15 Waiver olCiaims•,-_ 11-3i 15. SU.iPLi\1310NOFWOF?.K:%.iN.TD TERNIINAI-ION 32 li:l OWNER May Suspend Work....., .... 3-2 15-2-15A OW%LJFR,\,IaTerm' Y IMIC ............... . 15.5 CONMACTOR -May Stop Work or Term inate,-_ 1-3_-33 16- DISPUTE RESOLUTION .................................. 13 17. NI ISCELLANEOUS .......................... ..... 33 17.1 Giving Notice ........ ......... - .......... 33 17.2 Computation of Times ................. - 33 173 LKOLice 617claim............. I ........... .... 11 17.4 Cumulative Remedies ........... ............ 3 17,5 Professional R!es ,md Court Costs Included... I .........................33 17.6 Applicable State Laws ...............33.34 Intentionally left blank. ............................ ......... 35 F-\MIT GC -A: (Optional) Dispute Resolution Agreement .................... QC -Al 16J.10.6 Arbitration ........ -- GC -Al 16.7 Cj(.*L)C GE.NDOL CONDI FIONS 1910-3 ([990 WITIC),M Tv, CITY OF FORT (XILLINSMOD(FICATIONN (RFV'J1'))) I I h I I I I 11 I I I I i I I INDEX TO Gr,,Nj7,PAI_; CONDITIONS, City of-F,ort Col I ins modifications to th6 GenernI Condit.i6ns of the Can, r me ti on Con unct are not shoNvyn in this index .Article or Paragraph Number Acceptance of - Bonds and Insurrincq ..........................................14 defective Work.............................10.a.1, 13.5; 13.13 final payment 14.15 insurance S:14 other Work, by CONMACTOR .......... ............... 73 Substitutes and "Or -Equal" Items..,,,_ „ , ......... :.�_Tl Work by OWNER ............................. _2.5. 6.30, 6:34 Access to the -- Lands. 0WNF.R andMN'T"RACTOR responsibilities,-.,-,--_-, -. ,4. I site. related Work ...... ; ............... -- ----------- Work . .......................................... 13:2', 1114, 14.9 Acts or Omissions--, Acts and 0missions- CONTRAM'OR 6.9: 1 , 9.13.3 FtNGHVEER..........................................020, 9.133 OWNTR ij.20. 3.9 Addenda --definition Of (also see definition of Specifications)(1.6. 1. 1 Ck 6.19), 1:1 Additional Property Ensuranceq ...... .......... .;.... 5.7 Adjustments - Contract Price or Contract .times......._ ...... t.71 _J.5; 3.5. 4-1. 4.3.2, 4.51'1 ..............................4 5:3, 9-4. 9.5. 10.2- 10.4, ............. ........... 12, 14.8, 13; 1 progress schedule ............ _': ......... (.6 Agreement -- definition or ................................................. .... j,2 "All -Risk" Insurance. policy form ............................ 5.6.2 Allowances. Cash ..........................................:.........I I'S rn Amending Contract'DocuInts. .... . ........ Amendment. Written-- in,gener3l ........... 1.10, 1.45:,15, 5:10, 5,1^_, 6:62 ..........I................ 6.8.2-1,6,19, 10,1, 10.4, 11.2 ...... 12.1. 131.112, 14.7:2 Appeal, OWNER or CONTRACTOR intent.to, .......................... �. 10, 9.11, 10.4. 16.1. 16.5 Application for Payment-- •definition of 1.3 ENTORNMER!5 Responsibility ....................... final piymdnL .................. 9.13.4, 9,13 5; 14 12-14.15 in general ...........................2 8, 2-.9. 5.6.4, 9.10, 15.5 progress payment ... ; ... .... ........ ....... :_:J 4.1-14.7 review of, .................... ...... . 11 144-14.7 Arbitration ............................ ........ ......... ..... 16.1-16.6 A_qbestos- claims pursuant thereto.... ..4.5. 2, 4.5,3 CONTRACTOR authorized to stop Work ........ . 4, 5:2 definition of,,,,,,,,,,,,,,,,, ..... 1 1 .4 ....... L ....... I ..... 11 .... 1. ,Article or Paragraph OWNRP responqibility for.-., ...... 14; 3. 1, S. I C. possible price and times change_,_._,.,.,,_,.,___, J.5I Authorized Variations in Work 3.6, 6.25. 6.1-7. 9.5 Availability of Lan tls. ............ .............. 4.1. 8.4 Award, Notice of -defined ....... ------ 1 .... ... - 1.25 Before Starting Construction, ............................. Hid-cictfintitibn of, ........................ 1. 5 (1 . I , I 10, 2.3. 3.3.. ........................ 1,2,6.4. 6.13, 11.4.3; 11.9:1) Bidding Documents--defuntion of -------------- L ............ ........ 176 (6:8-2) Bidding Requiremenn;--detmition Of ...................................... .1.7 (IJ, 4_16.2) Bcmcis= acceptance of * ............................ ...*............. ........... 1 15.14 additional bonds, ..... ........................... 10.5, 11.4.5.9 ,Cost of the Work, ............................................ 11.5-4 definition I -S delivery of ......... ..............I.. ..5.1 Final applicrttion for Payment..,,. , 14.12-14.14 general I ......... L ...... L ... 1.10, 5,1.5.3. 5.13, ......................... 9.11 10.5. 14.7.6 Performance', Payment anti Other Bonds and fpsiurance--in general,....,...., 1.................... Builder's risk 'ill -risk" policy form.._ ............. ...... J.6.2 Canccllation Provisions, Insurance.,,.... 5.4.11, 3:8. 5.15 Cqs,If A I lmtnnces, ...... IL .......... 11.1 ................ 1 ........... 1 L8 Certificate -of Substantial Completion,,,, 1.38, 6.30.2.3. ..................................................14.8. 14,10 Certificates of Inspection.. 115, 14.12 Certificites.of Insurance ............... 2,7.' 5,3, 5i4'I L'5.4,13. ............. 5.8, 5. 14, 9.114, 14z 12 Change in Contract Price. - Cash Allowances_.,_..,, , claim for price adjustment,,.,,,, ...4.1. 4.16, 4.5, 5.15, 6.8.2, 4A ....... ... 9! 5, 9. 11, 10. z, I 11. 24 13.9. .................. 13.13. 13,14,,14.7. 13.1. 15.5 CONTIZACTOWi fee 11.6 Cost of the Wor k general _1 1.4- 1-1. 7 Exclusitihis to ....... Cost Records:,..._._......_ . 1-7 ingeneril .............. 1,19 1.44, 9.11, 10.4.2, 10.4-3, If Lump Stuff Pr;chg ....... ................... .............. 11.3.2 YorificaL tion of Scopeof ............ .. : ....... ............... Testira, and inspection. Uncovering the Work .................................. 13.9 EKI)CGLINIETALCONDITIONS 1910-S i I 9`M EDITIOM wl EITY OF FORT COLUNSMODIRCATIONS klir.V'011 Unit Price -Work ... ............................... ... 11-9 Article or Paragraph Number Value of Work 13 Change in Contrict'rimes.- Claim for times adjustmeriL. ....... :4. 1. 4.16. 45,.5.15, 6.3.2. 9.4. 9.5. 9.11. 10.2- 10J: 12, 1. 13.9, 13.13, 13.14, 14.7. 15- 1,, 15.5 ContractuM time limits._-, ........ Delays beyond CONTRACTOTs control ............................... ........ ........ 12.3 Ddays beyond OWNER!s and (:ONiRAQ'fOR!s control ........ 12.4 Notification of surety 1 -.. ... I ... ........ 10.5 Scope of change ........................................ 10.340.4 .Change Orders— Acceptance of0efectiro Work ------------_----------- 131.13 Amending Contract Documents ............... ...... Cash Allowance-S ....... ............... ............ It 8 Change of�Contract .................... _ I I Chanac of Contract Times:,., ... - :: ! ......... 12 Changes in the Work..,........, _- z ---- :_:_ - :110 COWRACTOR's fee ........................ I .... ........ I.T.6 Cost arthe Work .......................................1 FA-11.7 Cost Records,,-,.,, ............... 4: ... ............ definition of ................. ..... __ ................ F ...... emergencies.... ................................................. Cj. 23 E-INGINEERs responsibility ....... 9.R. 10.4, 11.2, 12.1 mcution of ... .......................... ...................... 10A Indemnifiction ......................... 6.12, 6,16, 6.31-6.313 I nsurince, Bonds and ................... 1 (1, 3. 13, 1 O: 5 OWNER may terminate ............................. I - 5.2-15.4 01,VNERs Resperisibilitv .......... .. ............ _$,6, IOA Physical Conditions— Subsurface and, ............................ .......... ; ....... 4 Underground Facilities ............................ .43.2 Record Docum crim 6.19 Scope of Change.........._ ------- Substitutes ........... . 6.8.2 Unit Price ................................................ . 1[.9 value of Work, covered by: ............ ................... 11.3 Changes in the Work, ---- --- * --- ------ Notification of suretv . .. ..... 6W'L%TR:s and COVrR s responsibilities ........ .. ...................... ......... 10.4 Right to an adjustment.,,_,,,.. 7., ;.... ............... 10.2 Scope of chvinge.... .................................... 10.3-10A Claims -- against C(wr R_Acroiz ............ .......... ......... 6.16 a,miruit ENGINEER ...... ............ 32 againstOWNER. .............................................. P;3] Change of Contract Price.........._...............9.4. It, 7 Change of Contract Times ..........................9.4, 12.1 COiN7RACTOR!s_.______ 4. 7.1. 9.4, 9.5, 9.11. 10.2. I,- , 11.9, 12.1, 13,9, 1415,. Ji:l, 15.5. 17.3 CONLITRACTOIVs Fee 11.6 .Article or Paragraph Number CONTF_ACTOR!s liability_ ........ 5.4, 6. 1 , 6.16, 6.31 Cost of the Work,. .......................... ...... . 11.4. 11.5 Decisions,on Disputes...............................9.11, 9.12 Dispute Resolution .................................... ........ 16.1 Dispute Resolution Agreement .................... 16 146.6 ENTGfNTEER as initial inierpretOr_.,__, Lump Sura Pricing..,.._ ............ _ -------- ...... 11.3-2 Noticeof ...................................... ........ ........... tT,3 OWNEX3 :9.4, 9. i, 9,11. 10.2, 11.2, 11,9 12.1. 13,9. I3;I3. 13.14, 17 , 3 OWN, ERmayrefuse to make payment ................. 14.7 ,Professional Fees and Court Costs Included 17.3 request Conformal decision,cm ....... ...... _2.1 I Suhstituta Items ............................................. 6.7.1-2 'rimei:Xtension ...... ................................. ........ 12.1 Time requirements,....,' 9:11' 1'.1 'Unit Price Work ....... 7-A 1.93 Value of .................. j.1.3 Waiver of-,un Final. PiymcnI. ............. 4,14, 14. 15 Work Change'Directive -------- lui written notice required ... :=, ............. ,J.11. 11.2, 12.1 Clarifications and Interpretations„-,....... 3.6.1'9.4. 9.11 Clean Site ............... ............................... 5.17 Cactus of Technical Society, Organization or Association ..................3.13 Commencement of Contract Times, ...... .......... ....... _ 2:3 Communications-- general 8:1 Hazard Communication Programs.-, ................ ...G.22 Completion— lFinal Application for Payment .......................... 14.11 vinil Inspectionon 14.11 Final Payment and Acceptance.._.__.._,.. 14.13-14A4 Partin[ Utilization ............................................ 14,10 Substantial Completion__ .................1.38, 14.8-14.9 Waiver of Claims j 4.15 Computation of Times ............................... 17:2.1-17_2.2. Concerning Subcontractors, Suppliers andOthers ......................... ................. ...... Conferences - initially acceptable schedule:s ... ___ ....... ...... 1.9 preconstruction, ................................ .................. Conflict, Error. Ambiguity, Discrepancy - CONTRACTOR to Report ........................2..i, 3.12 Construction. before starting by CONMRACTOR ....................... J_= 7 Construction _.'dnchincry, Equipment, etc ................... 64 Containing the Work.....................................6.29, 10.4 Contract Docinuents-- Amending.......................................................... J-5 Bonds........................................................... ;.I [:J('L)C GENEi.AL CON MOOS 1910-3 0 9-M, ED11TON) w/ ilTY OF FORT COLUINSMODIFICATTONS MFV-Mxi I I I Cash Allowances_ ......................... ILS Article or Paraguoll, Number Change of Con(ract Pricy ,., .................................. I I Change of Contract Ti in es. -1 ...... ---- 1;.1.7;.__ .... 1 � Changes in the Work ... _ .......................... 10.4-10.5 check and verify ............. I .................... ..... 2.5 Clarifications and Interpretations 3:2: 3.61 9A, 9. i I definition 1:10 ENGINEER is initial interpreter of .................... 911 ENGINEER -.is OWNER!s,represcritative .............. 9,1 gencraU insurance .............. ...... ;_3 Intent 1- 3 : 4 minor variations in the Work .... .......................... 3.6 OWNERS responsibility to furnish data ....... ....... U OWNFR's responsibility in make prom pt payin ent ..........................a.3,IaA, 14A3 precedence ................................... __ ......... 3. 1. 33.3 Record Documents 6.19 Reference to Standards and Specifications. of Technical Societies., ... ......................... 33 Related Work ...................... ........................ 1.1; i - Reporting and Resolving Discrepancies ......... 2.5, 3.3 Reuse uf_ .......... .L_ .......... ............. Supplementingni....... . 3.6 Tenn of I s 11 ent�......... 3.2 Unit Price' Work .... ............ ... .__: .................... j 1.9 variations ...................... ................... 3.6, 6;23.4,2_7 Visitsjo Site, FNGINEFR's ............................... 9,2 Contract Pricd__ adjusUrML or._ ... 1..3.5. 4.1. 9.410.3, 11.2-11.3 Change of, ..... ............. --------- Decision on Disputes;,,;,,,;;, ........... 9. 1 definition of .....................................................1.11 .............................1.11 contract 'rimes- a 'justment of ........ ....... 71:3.il 4'1' 9.4, IC.13, 12 Change of,., .............................................. 12.1-11:4 Commencement of ............................................. 2.3 definition of 1 1.2 CONTRACTOR- Acceptanceof fn%urancc .... ............. ............. 14 Communications .% ..................................... �5. 2. 6.9.2 Continue Work ........................................029, 10.4, coordination and schedulin definition o( .................................. .......... 1.13 .Limited Reliance on Technical Data Authorized May Stop Work .or 'rem mate .... _ ......... provide site access to others ......................... 7.1, 13,2 Safety and Protection,,,,,,,,,,,,,,,,,,, 4.3. 1.21 6.16, 6. 18, ................................ G: 2 1 - 6. �1, T 2, 1 J. Shop Drawing and Sample Review Prior to Submittal .............. ........................ :6,25 Stop Work requirements ..... ......... ........ C ONLURACTM'. - Article or Paragraph Number Coi-Apensation Continuing obligatioq .................................... 14.15 Do cfive Work,,,,,,,,,,,, 9.6. 13. 1 U, 13.14 Duty'io correct defective Work,,,,,,,,,,,,,,,,,,,,,,,,,, 13,11 Duty to Report— Chinges:in the Work caused by Emergency ..................... ......... ...... 6,13 Defects in Work of Others ............................. 1.3 Differing conditions .................. ...... 4.2.3 Discrepancy in Documentsr ....... 15, 3.33, 6.14:2 Underground Facilities not indicated,,;,,,,,,, a.3.2 Emergencies.. ..................... ... ........ . ....... ....... 73 EquipE ' ipment and Machine Rental. Cost ment Machinery of the Work ... ............. ........... .; ............ 11;4.5.3 Fee --cost Plus ......................... " 11.4,5-6, 11 _i: 1, 11.6 General Warranty and Guarantee ...................6.30 Hazard Communication Programs, ........... _: .... :0.22 IndemniCicition... 6.11 6.t6. 6-31-6.33 I Inspection of Ole Work .. ...................... T3, 13:4 Labor. Mateiials and Equilaricni ................. 6.34-5 Laws and Regulations; Compliance by, ".6.14. 1. Liability Insurance..,-,.. 5.4 . ....... : ....... .. ......... Notice t i ce of Intent to Appeal .........................0 ....... 10, 10.4 obligation to perform and complete he Work 30 Patent Fees and Royalties, paid for by ................ f,,12 Performance and Other Bonds 33 Permits, , obtained and paid for b�y ....... ............... 0. 13 Prort;rcss Schedule,..... IL ....... 2.8:19, 11.6. ........................... ----_----- �29. 10.4, 15.2.1 Request for formal deeisionon disputes .............. 9.11 Responsibilities -- Changes in the Work_.... ....I....._ ........ 10. 1 Concernin,� Sucontr ..b. actors, Suppliers and Others ...................................... 6.8-6. LI ConLinuirig the Work in 10.4 ('ONiTRA&l7OR'9.expcnic,., ......... ....... : ...... CONTRACTORs General Warranty ,and Guarantee... ............................. ...... 630 CO NTRACTORs review poor to Shop Drawing or Sample submittal ................ ti. 25 Coordination 6.9.2 Emergenct . es jG. 2I 3 ENG UEE R!s evaluation. Sulxsfitules or "6r-Fqual" Item s..-, 6.73 , For Acts.and Omissions of Others 9.13 for deductible amounts,instimice .......... ........ i.9 -general ......................................... ,, T', .7.3, 8.9 Hazardous Communication Proffams__ 6,22 indemnification ................................... 6.31-6,33 EJCDCCjENERA,CO3ND1 11ONS 1910.3 (1 99a Emrriozm %V10TY, OF RAT (.01.r.fN3.%tor)lF1CAn6NF% [REV 9199) Labor, Materials and Equipment.__„..._.... p.3-h. 5 Laws and Regulations .......... ................. 6.14 Liability Insurance::....... .......... 111 ...... ...... 5.4 Article or Paragraph Number Notice of variation from Contract .DocuracnLs ................... f 27 Patent Fees and Royalties,,..._ ...................... u. 12 Progress'Sche dule ------- ---------- ................. IC;,6 Record D6cumcnts ......... 6.19 i elated Work performed prior to ENGINTEERs approval of required submittals 5.228 safe structural. loading ................................. 6.18 Safety and Protection .................... !j,20. 7.1. 13.2 Safety Represe-niative --- ------- --------- Scheduling the Work, ................ ...... I ..... 6.92 Shop Drawings and Samples .................. 6. _24 Shop Drawings and Samples Review by ENGDMER ....... j ......... ...... Y- Site Cleanliness ----------- ------ 7,;., ___ .... jG. 17 Submittal Procedures, ... ........ ..... . 6.25 Substitute Construction Methods and Procedures : .i -6.1.2 Substitute!; and "Or -Equal' ...... 6. 7.1 Superintendence ........................................... 6.2 Supervision ............................................ _ ..... 6.1 Survival of 06ligitions ............... .......... _ 6.34 Taxes _ .................................. I ..................... &is T - csts and Inspcetions _.................. ................. *13-3 ToReport ......................................................2.i. Use of Premises 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal... .............. 6:215 Right to adjustment for changes in Work ..... 11". . right to claim ............ 4, 7.1, 9.4. 9, 5, 9.11, 10.2,11. 1,9, 12.1. 1-3.9, 14.8. li.l. 15.5. 17.3 Safety and Protection,,,,,,,,,,,,,,,,,; 6.20-6.22. 7.1 13.2 Safety Representative ........................................611 Shop Drawings and Samples Submittals .... 6;24-6.25 Special. Consultants--.......-.---_----- .._.._...I 1.4.4 Substitute Co - nstructicii N Icthocls and Procedures,,6,7 Substitutcs and"Or-Equal" Items. Expense: ........... ................... ... .. . .... 6.7, 1, 6.7.2 Subcontractors. Suppliers and Oihers, .......... 68-6.11 Supervision and Superintendence ......... 6.1, 6.2, 6.21 Taxes. Payment by..._........._ .................._. - .... 6- I i Use of Prem iscs 6.16-6.113 Warranties and uuarantccs 630 Warranty of Title........................................ ....*..........*.......*............ 143 Written _N:oticc Required— CONTRACT OR stop Work or terminate... ..... 15. 5 Reports of Differitip Subsurface and Phvgical Conditions ................... .... 4.2.3 14. CONTRA CTOPS--other .............................................. ' 7 Contractual Linhility Insurance..,_.. ............. ....... . �A. 10. Contractual Time Limits.,-,,,-,,,,,- ........ 12.12 Article or Paragraph Number Coordination-- CODITRACTOR!s responsibility ........................6.9.2 Copies of Documents ................................................ 2: 2 Correction Perioil Correction. Removal or Acceptance of Dtftchve Work= - in general ................................... 104.1, 13.10-13.14 Acceptance of Defective Work ..........................13.13 Correction or Removal of Defective Work .................................6.30. 13.I I Correction Period.......... . ....................... I ......... 13.12 OWNIF R May Correct Defective Work .... __ ...... lj.i4 OWNER vfay Stop Work ................................. 13:10 Cost_ orrests and Inspections,,,,,_._,-„ ............. .......... 13.4' Records 11.7 Cost of the Work - Hands and insurance, additional .... .............. 11:4.5,9 Cash Discounts ......................... : ..................... j 1.4.2 coNrl,RAC-rws Fee.:: L11,:_.;L.J 1.6 Employee Expenses..,:.._............................. j I.i.i. I Exclusions.to, ............................................... 1.3 General 11.4-1 I.-i Home office and overhead expense* ............... 1.5 Losses and damages ............................ ........ 11.4-3.6 Materials. and equipment ..... I ---- 11 .................... 1141- Minor expenses, ... ........................ .............. 11.4.5.8 Payroll costs on changes, ............ ........ 114.1 performed by L43 Records 11, 7 Rentals of construction equipment and machinery-, .... --- ....... ...... 11.4.53 : Royalty payments Permits and license Fees .............................. ............. 11.4.5.4 Site officeand temporary facilities................11.45 2 Special Consultants, CONNTRACTOR.'s ............. 11. 44 Supplemental _.: ... : ... ........... ;._ - ---_----- ---------- I L 4;5 Taxes related to the Work ...................... ....... HA3.4 Tests and Inspection ... I ...... I—— ............... .... 13.4" Trade Discounts 11.4.2 Utilities, fuel unit sanitary facifitic..% .............. j 1-4. i.7 Workafter regular hours .................................1 L4.1 Covering Work . ............................................... 13.6-13.7 Cumulative Retiledics ....... 17.4-17.5 Cutting, fitting and patching 7.2 Data, to be furnished by QW:NER ..... ........ ............... .S.31 Day. -definition of ..................... ........................... 17. 12 Decisions on Disputes,,.,..... ........................... 9.11, 9. 12 dzfective-definition of ................ ...... 114 de crive \Vork-- Acceptance of ...................................... 10.4.1. 13.13 EJCDC: GENEIkAL CONDI 1 IONS 1910-3 0990 LDIIIONI wiLITYU FOR? GU I I i I I I I I I I I I I i I Correction -or Removal of ....................... 10.4-1-13z I I Correction Period,..... 13.12 in general ...... ........... _ ...... ............ J 14.7, 14.11 Article or Paragraph Number Observation by FNGtIVSFR ................................ 9.2 MINER Nlay Stop Work ................................. IJAU Prom pt Notice of Defects ................................... 13.1 Rejecting.,:_,_ ......... 9.6 Uncovering the Work..:.:..:.:.:_........: ...... 1-- .13.8 Dcfinitions- .................. ................... -------- _ I Delays 4.1, 6.29, 12.3-1�2,4 .............. I .............. . Delivery of Bonds ....... "'• � . ...... . Delivery of certificatesof insurance,,- I.""7_:'2,7 Determinations for Unit Prices-, .............. I ......... 10 Differing Subsurface or Physical Conditions Notice of I_ - 4.13 ENNGfNEER!s Review ....... ; .............................. 4:14 - Possible Contract Documents Change...............4.15 Possible PriceandTimes adjustments .............. 4.2.6 . Disc repanti es- Reporting and ------- 2. '; 3.3.2. 6.14,2 OiSpULC Resoludon- Agreement,, ........................ _ ................... J 6. 1 -16.6 Arbitration 6:1-16.5 general 16 Nfediation.........................................................1.6,6 Dispute Resolution Agreement ........ ................. kti.1-16.6, Disputes, Decisions by HNGINFER .......... ........ 0.11-9,12 Documents -- Copiesof..- 12 .......... ...... ................... Record 6. 19 Reuse of,• 3:7 Drawings; definition of ........ :,--1:15 Easements ;. INA 1 Effective date of Ageettlent - definition Qf 1, 16 Emergencies ................. ....... .... ........... .............. 6.23 ENGWEER-- as initial interpreter on disputes:,.,,-„,....... 9. 1 19.12 definition of 1.17 Limitations an authority and respons i b i I i ti c.s. ;... 0,9. 13' Replacement of -- --------------- I ........................ - -8.2 Resident Project Reoresentative ........................... 9,3 ENGFNEERs Consultant -- definition of ............. __t, tS ENGLNEER!s-- authority and responsibility, limitations on_9.13 Authorized Variations in the Worl: ..... ..............9.5 W Change Orders, responsibility fcr__._9.7, 10. 11, 12 ClarificationsandInterpretations,,-.-,, ........ 3.6.3, J 9.4 Decisions on Disputes.,.. : ........ W_9.11_9.12 deftefive Work, notice of _III Evaluation of Substitute Items '9. Liability ................................................... t,;. 3 1, 12 .\-'o;icc Work is Acccptable___ .. ...... .. ...... ... )4.13 Observations _fi.30.2, M ()%VNFR'q keprescntativc.......... : ................... Pavnients to the COW[' RAcToiz, Responsibility for.::_...,, ... ....... ....... 9-9. 14 Recommendation of Payment.. ., ........ ;._;J4_4, 1413 -\rticle or P� aragraph Numb. r Responsibilities -Limitations Lin ................. �.11.-9.13 Review of Reports on Diflering'SLIbsurface and Physical Conditions .... :___42.4 Shop Drawings and Samples. review responsihility.............................................. Status During Coristruction- authorized variations in the Work ...... - .... __9.5 Clarifications and InterpreLationi.-....., ...... :T-.9.4 Decisions on Disputes,,,.,,,,,, 19. 1 19. I' Detcruiinations on Unit Price.,_ .... 10 ENGINEER as Initial Interpreter .......... 9.11-9.12 ENGN,ZEERs Respqnsibilities, ............ .... 91-9.1 Limitations on I ,ING NjEER's Authorin, and Responsibilities ....... ..... L ...... 9.13 OWNER's Representative,,,,,, 7 Rejecting Def,,cfive Work .............................. 9.6 Shop Drawings, Change Orders and Payments.,_.,, .... Visits to Site......:...-.:......_ .................... 9. 2 Unit Price determinations Visits to Site___ ........ ... _ ............. .......... ------ _9.2 Written consent, required ............................... 7. 2. 9.1 Equipment, Lahr,.Materials and ......................... (iA.-6.5 Equipment rental, Cost of the Work ............ I ... 11 A.53 Equivalent Materials and Equipmcn}................. :ti. 7 error or omissions : ; - - ��.6.33 Evidence of Financial Arrangements ...... ___.: .... ;_S_I I Explorations of physical conditions ............... ; ......... 4:2.1 Fee, CONTRACTORs-Costs Pluss, ......................... i 1,6 Field Order - definition of 19 issual by ENGINEER ................................ 3.6. 1 ,9.5 Final Application for Payment.,,,,,...: ..................... 14, 12 Final Inspection ..... ............................. .............. J 4.11 Final Payment - and ..Acceptance................... ................... 14.13-14,14 Prior to, for cash alloviinces I 1:8 (jencrul Provisions,-.._......__......_... ................. 17.3-17:.4 General Requirements - definition of, ........ I ...........................................1 principal references .......... . 1.6. 6. . 4 6.6-6. 7, 6. 24 Giving Notice_... ... -1- ......... ...... . ... - .17.1 Guarantee ofAVork-by CONTRACTOR. :_;:_.6:30, 14.12 Hazard Communication Proeramc ......................... _§.22 Hazardous Waste- dcCinition o( ..... ................................. ...... general .......... . ---- ----------- - 7,7 .... 7 OWNER's responsibility- for .............................. ESCI)A7 GENEF--V, CONDI rIONS 1910-S i 100 E0111010 %Y/('.ITV. OF FORT COIJJN'SMOMFIC.MONS (MV )!99) I Indemnification,..,,,-_ .................... 0- 12 6.16, 6.3 M. 33 Initially Acceptable Schedules__ ------- ......... 1. - Enspection Certi Li cate s'of, ................ 14.11 Final ............................................. 14.11 Article or Paragraph Number Special, required byENGNEER .........................9.6 Tests and Approval._,-, ... 13.343,4 Insurance.. Acceptance of: by OWNER_ .......................... _ 3- 14 Additional, required by changes in the Work_ .................. . ..... TL,1 1.4.5.9 Before starting the Work, ..... ............. 7_____.2_7 Bonds and --in general........................................... S- Cancellation Provisions„ .............. ....................... i�8 Certificates of ----------- . ...... 23. 5, 5.3, 5.4. H. 5.4. 1 3; ........................ 5.6.5. 5_85,14, 9_13;4, 14.12 completed operations ' _ .... ......................... ... 5.4.13 CONTRACTORS Liability ................ ................. S.4 CONTRACTORS objection to coverage --------- I.J.14 Contractual Liability_ ...... ............ ; .... :: ........ , 5.4. 10 deductible amounts, CONTRACTOR's responsibility .......... ...................................... 5.9 Final Application for Payment ....... Licensed insurers....._:....1 .................... ......... .. * 5.3 Notice requirements, material changes ........ 5.S, I o. Option to Replace_,.,-_-......-_, ....................... 5.14 oLherspecial insurances ........... I ....................... i.10 OWNER as fiduciary for insureds ..... I ......... i.1 2-5.13 OWNERS Liability ................. .......... *******" -"* ... 35 OWNERS Respertsibilit3......................... *........ 8.5. Partial Utilization, Property Insurance.....,;,.. . ...... S. I i Property , ............... 01 --------- I ............... L5,6-5. 10 Rccciptand Application or Insurance Proceeds: 5.12-5. 13 Special Insurance... ...... ....... ........ ------ - 110 Waiver of Rights,- ........... ...... ---- .1. 5. it [ntcnt of Contract Documents .............................. 3.1-3.4 Enterpretations and Clarificitions ....................... 3,6.3,9.4 Investigations of physical conditionft .... ............... ; .... : 7'2 Libor, Materials.and Equipment._- ---- .... §.3-6.5 Lands -- and Casements .............. .................................... $4 Availability of.-,_-.....-,- ......... ......... 1' 8.4 Report% and Tests:.._ ..... ........ Laws and Regulations--Livaq or Regulations - Bonds ...................... ............... 5. 1-5_2 Changes in the Wort .......... ........ z. ...... - _ 10.4 Contract Documents ;:- . ........ I coi\rTRACTOR's Responsibilities ..................... 0-14 Correction Period, dereefive Work ....................13.12 Cost of the Work, trcxes ................................ 11.4:5.4 definition ot ------ --------- ---- ................ 1, Ll general(5.14 indemnification ........................................ fS.31-6.33 Insursticc i3 Precedence 1. 3.3.3 Reference tu__,,_ . ....... 3.3.1 Safety and Protection-"` .........:. ....... 6,10, 13. 2 - - Subcontractors. Suppliers and Other% .......... 6,5-6.11 Article or Paragraph Number Twts.and Inspections .................................. :115 Use of Premises . Ses 6. 16 Visits to Site, .............. PA 2 Liability Insurance-, cOiNTRA(-.1'OR's............................................... . 5.4 0W'oTLR!s ................... . ..... :M ------ Licensed Sureties and Insurers..., ........... 53 Licns-- Application for Progress Payment .... ................. I4.2 CONTRAM'OR's Warrin ty of'r itle .... ............... 14.3 Final Application for Payment ................. _: ...... 14 12 definition of t 13 Waiver of Claims._ ..................................... .... 14,15 Limitations an ENGFNTEERs authority and responsibilities-,..... ....... __ ------- Limited Reliance by COMTRACTOR .Authffiv.ed ...................................................9 ..:2.2 Miintenance. and Operating Minuals-- Final Application for Payment,,.-:_.,.......-_:..._ 14.12 Nfanuals (of others)-- Precedence ....................................................3.3.3. 1 Reference to in Contract Docutneni.4 ........ 3.3.1 Materials and equipment -- furnished by CONTRACTOR ............................... 6:3 not incorporated in Work" ..... .......... ....... 14.2 Nfateriak or equipment --equivalent.,.__ ..... ......... :.,63 Mediation (Optional)_;_-"-„ . .. ..... 167 Milestones --definition of 24' Nfiscellancous-- Computation of'ri.mes_ .... _ .......... ...... ... 17-2 Cumulative Remedies w ........ ......... 17:4 GivinNotice .................................................... I i. I Notice or Cl.'iim ................................................. ! 7.3 Professional Fees and Court Costs Included ......... 17.5 Multi -prime contracts Not Shonm or Indicated _4 _3 i. Notice of -- Acceptability of Project -------- -- ------- -- -- --- ---- 14.13 Award, definition .............. ... ............... 135 7� Claim........................ ................................... j.7.3 Defects. 13.1 Differing Subsurface or Physical Conditions,.,-, 4.23 Giving- ...... :.,: .......... ; _...J.7.1 Tests and Inspections ........................................ 113 Variation, Shop Drawing and Simple ................. 6:27 Notice to Proceed -- definition of -26 givingof, ............................................................2.3 EKLY: GENMtAL CONDII IONS 1910-S (1990 EDIIIOIN'1 w/ CITY OF FORT cau.iNSMODIFICATIONS (REV 917)) I Li I 11 I I I DA I 11 11 I I LJ I 1, I a I I I 11 d I I I I I I I I Notification ro.Surety .................. I ....... .... .............. 10,5 Observations, by FNGUNlE'l:W_,_ :- ,...... : -:A..6.30.9.2 Occuprancv of the Work,„.„ ...... I ....... 5.15. 630.2.4, 14. 10 Omissions or acts by CON-MkCTOR,__.: .... ,. 69. 9.13 Open Peril policy form. Insurs ' nc; .......................... 5:6.2 Option to Replace ....................................................14 Article or Paragraph Nurn ln:r. "'Or Equal' Items .............................. ........................ V rr. 7 Other work 7 Overtime Work —prohibition 0( ... ---- 6.3 OWNER — Acceptance of defective Work ........................... 1113 appoint an ENGINEER ......... as fiduciary::: ................. ......... Availability of Landh: responsibility .................... a. I definition of ................... ...................... ;.J.27 data, furnish ............. —8.3 t%-Ny Correct Defective Work.; ... ...................... 1.3,14 May refuse to make payment.., ... ..................... 1.47 Stop the Work ... — ...... . ..................... 13.,10 May Suspend Work, Terminate.----.-_,..,.,,,:--.:::.. t.S. 13JU. 15;1-15A Payment, make prompt ..................... t3, 14.4, 14.13 performance of other work ....... ;.' ... I ..... I ...... - ...... 7.1 permits and licenses, requirements.,,,,-_„_, ` � .... ;- 6AY purchased insurance requirements,,,,,;,,,,,,,, 5.:5. 1 o OWNERS; - Acceptance of the Work— . ...... ........... 0.1 5 Change Ordeni, obligation to c.xccutq ........ ,.8.6. 10.4 Communications .................. ........... ............. . _S' I Coordination of the Work ... ....................... - 7.4 : :— : Disputes; request for demislon..: ........................ 09, 11 'Inspections., tests and approYHlS:-'--.— ..... S:7. 134 Liability Insurance.— ., -------- ....... -- ..... --;-5:5 Notice Of CkerecLs ....... ; ...................................... J3.) Rcpreschtarive-'-During Construction, FryG[NEgWs Status ... ...... -- ........... 9.1 Responsibilities -- .Asbestos. PCBS, Petroleum:. Hazardous Waste or R-idi M'ctive Material 10 Change Orders, .................... .......... ........ 8.6 Charnics in the Work,,-,,,...::-.-,..,-___......:__._IOa communications CONT'RACTORs respqnsibilitics ................. 8.9 evidence of financial arrangementy..............SA I inspections, tests and.approvals-,-, ................ 8,7 insurance...................................................... Y,5 lands and easemenis ................................ prom pLpay*mant hy -'"'... ..... .. replacement of ENGINEER....,:-:.,- ........... _J.2 rt repos and tests ...... stop or suspend ........ S,S. 1110. 15,1 terminate CONTR-ACTORs services.------------- ...... - 15,1 separate representative at site ...... ...... ............ 9.3 testing, independent.,,._.._._., ........... use or occupancy of the Work.. _ ....... 6.30.2.4, written consent or approval required ....... ............... ................. 9. 1 61, .13.4 14.10 11.4 L':JLL'C.Gl:,NERrkLCONDIrIC1,N'; 1910-S it 990 E01110N) wICITY OF FORT COLLIN", %IGDIFICATICJNS (REV 961; I a Article or Paragraph Number %%Titteft notice required,_..: .................. 7-1. 9.4; 9-1 1, ....................................11.2, ..........................11.2, 113, 14.T t5A PCBs --definition of', .... ..... ......... . . ............. ...... 1. N general............................................................. .45 O%VNEWz responsibility t* ............................ _.5. 10 Partial Utilization— definition of ......... ......... J.28 general 6-30, 2.4, 14-10 Property Insurance:.........__ ........ ........... 5, 13 Patent Fees and Royalties ........................................ 6.12 Payment Bonds......._:......_.......................: Payments, Racommendittion of .......... ... 14.4m 1 43, 14-13 Payments to CON TRACTORand Completion — Application for ProgressPayments., .................. j4.' co,\rrRAcTOR's kVirranty ot`TitIc______ ....... J 4.3 Final Application for Payment .......................... ]4.112 Final Inspection ...............................................I 411 Final Payment and Acceptance---„-.......... 14.13-14.14 general.................... !.,: ........... _ ............ Partial Utilization ........ t .......... ; ------ ! ... 14. 10 Rctainige..........................................................14.2 Review of Applications for Progress Payments., ......... :;_ ....... 4.4-14.7 prompt payment, ............... ....... ...... _._ ............ 8.3 Schedule of Values ............................................14.1 Substantial Completion ................... ........... l,1.944.9 Waiver of Claims ............................................. 14-15 when payments clue................................ 14,4,,14-13 .......................................14.7 withholding nment.. Performance Bondq... ......................................... 5- I-i. ) Permits ...... ........ ... .... ...... . 6.13 Petroleum -- definition of; .......... ......... 130 general.............................................................. 4.5 OkV,\T-.R's responsibility for ... ...... ......... 10 .Physical Conditions -- Drawings of, in or relating tQ .........................4 2 1.. 2 ENGWFFR's review .............. ................. ; ...... 4- Z, 4 cxisting structures ------ ... ......... ........ 42,2 general4,7,1.2..... ....... .................................. Notice of Differing Subsurface or ....................... 4.2.3 Possible Contract Documents Chan,,e .......... 4.2.5 Possible Price and Times Adjustments ....... :4,16, Reports and Drawingq ..... ............................... :4.2. 1 Subsurface and..: ................. .......................... . 4- � Subsurface Conditions_,_.__,. ...... 4.2. 1.1 Technical Data. Limited Reliance by COj\[TR.A(,-rOP Authorized...... I ................. 4.1 Underground Facilities -- general...................................................... Not Shown or Indicaed ------- 1 ..... I—_ ....... 4.12 Protection of .........................................4.3, 0.20 Article or Paragraph Num ber Shown or I ndi6ated ...... : ........... :4,3.1 Technical Data ............................................... 4. 2 1 Preconstruction Conference:...................................... 2.8 Preliminary Matters ......... .......... Preliminary Schedules— ..... I ....... .......... ......... 2:6 Picnaises. Use of .............................................. 6.1". IS Price, Change of'Contract ....................................... I.... I I Price, ConLract--dermiLion ......... 111 Progress Payment. Applications for_-, --------------- _14.2. Progress schedule, CONTRAC'rows ........ _ 2.6, 2. N, 2.9. 6.6. 6_29.. 10.4, 1 i:21, I Project Representativ e-- ENIGI]NIEERs Status During Construct ion... , ........ 9.3 Project Representative, Resident --definition of,___.... 1.33* prompt payment by OWNER .................... 83 Property I nsurance-- Additional ................... ............................... __5_7 "CrIM15.6-5. 10 Partial Utilization,_,.,-,__-,,.;.,._ 5.15; 14.1062 receipt and application of procceds ............ i, 12-5,13 7 Protection, Safety and .......... .................. 6.20-6.21. 1312 Punch list Radioactive IMmerial-- defintionQ.......................................................1 32 general4.5 OWNIER's responsibility for ........................... _;S. ILI Recommendation of Paymerit .................. 14.4. 14.5. 14,13 Record Occumenu; ............ . ............. .......... 6.19. 1412' Records, proce-dures foi mainutinin ............................ . 2r. 8 Reference Points ...... _I,_ .......... L__ .............. ........... 4:4 Reference to Standards and Specifications of Technical Societies .......... ; .......... ; ................ Regulations. Laws and (or) ........ ............................. 6.14 RcjcctingDr/ecdve Work ----------- ....... ___ ........ ....... _9.6 Related Work— atSite ........................................................ 7,1-7." Performed prior to Shop Dravin" .and Samples itihmittals review,_...., ........... .6.28 Remedies, cumulative....._..... i� ---------- ....... ;.17:4', IT5 Removal or Correction of0djaictiva; Work ........... .... 13,11 rental agreemcnts. OWNER approval required.,,,, t.4.5.3 replacement of ENGI-NELR, by OWNER .................. _8.2 Reporting and Resolving Discreprmcies ................................. 2.5. 3.3.2. 6,141 Reports— .and Drakvings_.... .............. a. 2:1 and Tests, PkVNECs responsibilky,.___ _.: ...... Resident and project Representative -- definition of ...................................................... 1,33 provision for.... ......... _ ............ ......... .............. ........ 9.3 EJCLX: GENE(AL CONDITIONS t110-S 0990 ED11109) wICITY OF FORT (-01.1.IN.q,\(ODIFICATIO',S(TtEVIIV)) I I I I L, .1 .1 LJ 11 I I I I I I I I 1 I 11 d I I I I I I I I d, I 1: I I I .article or. paragraph Num bcr Resident Supeiinicrident, CO\ITRA,(--rC)[Z!s ................ 6 2 Responsibilities— CONTRACTOR!s-in general ........ ........................ 6 ENGIINEE'Rs-in general 9 .. .. ......... ' Limitations............ on 9! 13 OWNER!s-in general ...... ;I..._._%S Retninage ... ... :. ....... ------------ 4.2 Reuse of Documents rl Review by CON'rRACTOR: Shop Drawings and Samples Prior to Subm Review of Applications Car Progress Payments... ................ .................. 14.4-t43 Right to an adjustment .... I ....... I ........... .... I ... ....... 110. 2 Rightsof Wi5 .............. ......... _ .......... .......... �41_1 Roy-akics, Patent Fees and 6.12 Safier SLructuial Loading .................... ....... I .... 6.18 safet5'_ and Protection...,_... ....... 4.3.2, 6.16, 6. 18, r L-1010-6.2L 7,2. 13.2 general ...... z ........ ...... : ....... I ................. T?.20-6.23 Representative, CONTRACTOR's ....................... 6.21 samples -- definition of ....... ........ ....... ; ........... _ ....... ;.-1.34 general .... ............................ 0. 24-6. 2 S 7 Review by �6_ H6R ................ I ... _ ...... 6.2.5 Review by ENGINEER'..............................G.26. 6.27 related Work 6,28 submittal of 6. 24.2 submittal procedures . ...... * ............... ............ Schedule or progress..---'.:_ 2.6 2.8-19. 6,6, 10.4, 15.2:1 ScheduleorShop Drawing and Sample Subtaitials ............................... ;j�,6, 2.8 -191 624-.6.28 Schedule of Values ........ ............. _1.6, 2.8-2.9, 14.1 Schedules -- Adherence to .... .. ............ .... .... 15.2.1 AdjUsti ng * ....... ........ ................. **** ....... 6 .6 Change of Times:,,,, : .................... I ........... 10-4 initially Acceptable.......... ---------- __.2.8, 2.9 preliminary ................. ......... ......... ...... 16 Scope of.Chamics...._ ..... _ ......................... 10.3- 16.4 Subsurface Conditions ........... _ ............................ 4.2.1.1 Shop Drawings_ and Samples, general ................... _ ........... 6.24-6.28 Change Orders & Appliciations; for Payments, and .7-9-9 definition ENGINEER's approval of.. ...... ....................... 342 MqGrNr[3ERs responsibility for review ..................................... 9.7, 6.24-6.28 related Wort review procedures ........................ I........ IN, 6."4-rj:2S MM Article or ['arigraph Number submittal required ............................. .................. 6,241 t Submittal Procedures ............................... 6.25 use to, approve substitutions * ....... .................. .6.73 Shown or Indicated 1 Site Access ..................................................... '3. 13.2 7.- Site Ctennlincss .................. .................................... 6-17, Site, Visits to" by aN (313,14CER ....... ......... 9_2. 132i byothers-_ -. ....................................... I ...... ,.Special causes of loss" policy form, insurance 5.6.2 definition ............ ................ I ... 7; .... Tj.'36 SpeCifi=iuns- defination of ........ * ...... ......... 1.36 ,of 'fechnical.socictics, reference to 3.3.1 precedence ............................ ...... ....... I ...... 3.3.3 Standards and Specifications of Technical Societies,...... ........ Starting Construction. Before,,,,_.-, 15-13 Starting the Work .. ..... -------- Stop or Suspend Work -- by CONTRACTOR .... ...................................... 15.5 by OWNER_; ........... ........ ........... ,S. 8, 13. 10, 15. Storage of materials and equipment .................. 1. 4. t, 7.2 Structural Louding, Safety., ...................................... 6.18 Subcontractor - Concerning ........................... .................... P.S-6.1 1 definition o.....................................................1.37 d0ays. ........... ................................................ 12,3 waiver of rights ......................................... 0 Subcontracturs--in general'.. -6.11 Subcontracts--recluired provisions ..... .5.11. 6.11, 11.4.3 Subm ittrill" AppticationsTor payment ................................. " 14. _1 Maintenance and Operation Nfanuals. ... ........ 14:12 Procedures...: ...................... Progress Schedules ......... .............. 2.6. 2.9 Samples ............................. ...................... 6.24-6.29 Schedule ot'Values S i chedule of Shop Drawings and' Samples Submissions 16, 2.9-19, Shop Drawings,,,,,,,,,,,... ........................ 46.24-6.28 Substantial Completion -- certification of* ...... -14.9 detinition of .... : .................... ........................... 1.38 Substitute Construction Methods or Procedures,.,;..,_6.7.2 Substitute.% and "Or Equal" [tcM.S , ------- ------------- _-.6.7 CONTRACTOR'S Exp<nse._, ..................... _6. 7. L3 UNGINRE'R's Evaluation 6.7-3 "Or -Equal .................................................... 6.7.1;1 Substitute Construction N-lethods tDCDC-GENLY-ALCONDITIONS 19to-S i[990 MMOM %Y/C.ITY OF FORT COUX"S MODIFICA 1`10M (REV 9!99i 11 ' 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. 1. J H Article or Paragraph Niumbtir or Procedures ............................................. . 6.7.2 Substitute Items ..... ....... 6.7.1.2 subsurfilce and Physical Conditions— Drawings of. in or rclatfig to ......................... 4.2. 1. 2 ENGNEERs Review ............................ ......... .4?.4 general:.,:_ ....::.......: ... 4:2 Limited Reliance by CONTRACTOR Authorized.....-- ............. I ........ ... 4.1-2 Notice of Differing Subsurface or Physical Conditions,_._:...,..- .............:..........._4._3 Physical Conditions_ ......... --- _ .... ....... d.2. 1_2 z:__ Possible Contract Documents Change,,,,,,,,,,,,,,, 1.2.5 Possible Price and Times Ndjustments ............... tl.16 Reports and Drawings ............................ ......... 4.11 Subsurface and ..................:....:...............:...:........a:?. Subsurface Conditions it the Site ................ Technical Data.--'..' ..................... ....... Supervision-- COINTRACTOWs responsibility_.. OWZAA shall not supervise, .... I .......... ...... *13. 91 FNGPNEER.shill not supervise,,,,,,,,,,,,,,,, 9.2, 9.13 .2 . Superintendence- .................... ........... . ......... _5�2 Superintendent, CONTRACTORS resident,,,, .,„ .....6.2 Supplemental costs...............................................11.4.5 Supplementary Conditions -- definition of .....................................................1.39 principal references to,,,,,,,,,,,,,,,, ,10, 1.11, 12, -',7;. 4..3. 5 ;'�, 4 -1. 5-3, 5:4, 5.6,5 9. ............... 5,11. 6. S, 6.13; 7.4, 8.11. 9.1.9. 10 Supplementing Conatuct Douumnents_ ... Supplier -- definition of ' .; ............ ................. .... J.40 principal references to.. ......... 3.7, 6.5; 6.3-6.11. 6. 20, -----------.......... .6_74-9-13, 1 14.17 Waiver of Rights....._._......_.-....... .............. ..... 6 11 Suretv-- consent to final payment ........................14.12., 1.4.14 ENGINEER has no duty to ................................. 9.13 Notification or ----------------------- 10.1, 10.5, 15.2 qualification a( ....................................... I - 5. 3 Survival of Obligations .................................. I........6.34 Suspend Work- OWNER May.. -. . .......... ....... Suspensiur. of Work and Termiraition ....... __ -15 ......... CONTRACTOR Mly Stop Work or Terminate .................................... I.......... 15, 5 OWNER N lav Suspend Work ......... I—-, ---- :1 .... _11 5. 1 OWNER N fav Term in ate ---------- :_ ........ 15.2-15.4 Taxes--pament & CONTRACMR... .................. At5 Technical Data -- Limited Reliance by CONTRACTOR................ �. _1 Possible Price and Times Adjustinen ts._ ........ T.__:4_Lrj' Report& of Differin&Subsurface and Physical c6nditions ............... ........ ...... 4.2.3 xiv Temporary construction facilities ............................... 4: 1 :Article or ara,;ruph Number Term ination-- by co,\r(RAcTCR _ .........................._.__._....a._ byOWNER ........................................ S:S. of ELNGtNHER!s employment ...............................8 SLISPCoSion of Work-in general ._.. ....................... I Terms and Adjectives.-I-1;... Tests and, Inspections -- Access to the Work, by others.,......._„_ ......... CONTRACTOR's rcsforsibilitics .......... ........... J3,5 cost of 13.4 covering W'qrk prior to ........ _ .................. 116-13.7 Laws and Regulatiixns (or') ............................... 13.5 of Defects Vona- .................. .................... I M OWNER May Stop Work.---..,.,..: ----- 13, 10 OWNER's independent testing ........ ................. j3_4 special, required by ENGINEER_ ........ 9_6 timely notice required ..............I——..._.............. 13.4 Uncoverim, theWork. at ENGMEWs request, ........ . . ................... 7 ......... ... ;.I 3. )- 13.9 Times— Adjusting........ ... djusting................... .......... 6.6 Change of Contract .... I .... ........ ...... Computation of.-, ................ ...... : .... _. 17: C6ntract Timesdefinition or ............... ............2 1.1 day........ ........ ................ .............. N't I 11cstonci .......................................................... 12 Requirements-- appcals: ........................ ................... 9-10, 16 clarifications. claims and disputes.,.,_,., 9.11 Commencement of Contract Time*.,., ............. 2.3 Reconstruction Conferencqt.., ...... I ..............2 13, schedules.........................................2.6. 2.6. 2.9, 6,6 Startina.tho Work....................................... 2A. Title. Warranty _ ........ . ...... ......... .. 14.3. Uncovering Work ........................................... 1. 13. S- 13:9 Underground Facilities, Physical Conditions - definition or .................................................... J. 41 Not Shown or Indicated,-::........ ............... 4.12 protection of ................ __ ..................... 43, 6:2(k Shown or Indicated .......................................... 4.3.1 Unit Price Work - claims ....... . ... ....... ...... .... J.19:3 definition of ............................................. 1,42' generall L9, 14.1. 14.5 Unit Prices - general 11.3.1 Determination for ..................... ............. ...... 9- iii Use of Premises.................................6.16, 618, 6.30.'-.-' Utility owners ............................ h.13, 6.20, 7.1-7.3, 13.2 Utilization, 5. 15. 6.30.2.4. t4.10 Value of the Work.. I1.3 Valucs. Schedule or ... .......................... 16; 1 -2.9. 14A EJCDC GENLL(AL CONINHONS 191047 0990 ED1110,NA wi OTY OF FORT C,)jjjN1;,%jnr)jFlCATTON.S (,REV 91711 . I I I I I I I 11 I I II I I I I Variations in WorL--,Minor Authorized 6.27- 9.51 Aiticic or Pitragraph Nturn ber Visits to Site --by ENGMTEER ...... ............................. 9, _' Waiver of Claims --on Final payrnent., .... I ...... 14:1 i Waiver of Rights by insured parties ................... 5.11, 6.1] Warranty and Guarantee. General --by CONTRACTOR ................................................ 6A0 Warranty of Title. CON-MACTOWX„_, ... ,;j 43 Work— Access to 1.3.2 byQ.diers ............................................................... 7 Changes in the........._.--_ ........................... _10 Continuing the 6.29 CONTRACTOR May Stop Work. or Tenn inate ................. z .............. I i.5 Coordination of 7.4 Cost or the 11 4_IL5 definition of 1.43 neglected by CONTRACTOR , ......... ............. _ ... 13.14 other Work .............. .... ::.7. OWNER .fay Stop 7___ 11. 10 ()%VNkFR,May Suspend Work ................... 13. 10. 1 i- I Related, Work- at Site ..................................... 71.1-7.3 Starting the._, ........... :_ ... :,; ...................... i___:.4 Stopping by CONTRACTOR ...... :.I .......... -0.5 Stopping by OWNER ........................... _... 15. 1- 15.4 Vitiation and deviation authorized. minor .... _'�.6 Work- Change Directive -- claims pursuant to .............................................10.2 definition of ....................................... ......... 1:44 principal references to ......................35.3, 53. 10. 1 _2 Written Amendment— definition principal references to,,,,,,,,,,,,,, I . 10, 15, 5. 1 (), l5e 12, ......... .............. k,6.2. 6,,Ui, 6.19, 10.1. IR4; 1. 2; 12. 1, 13.12.1 14.7. 2 Written Clarifications Had Interpretations .................................. 3.6.3. 9.4. 9.11 Written Notice Required- by CONTRACTOR_ ............................ 7.1, 9,10-9.11, 10.4. 11,2, 12 1 byOWNER .... ............... `), 10-9,11, 1 D, 4, 11.2 1-3 14 n LJUDC G 3ENDUL CONDrnoms 1910-3 11990 EDITIOM wl CITY OF FORT COLLMS MODIFIC'k-UM; IR V9i')91 I 3vi cPhis page icit hlank intentiohany) EICOC OENERAL CONDITIONS 1910 311990 IiDIIiONI w� CITY" OF FORT c]7I.LI\S ;\1ODIFIC TIONS WV 9rv91 I I U I 0 I I I 0 H. _1 I II !i LJ L I I LJ I 1 1 1 1 1 GENERAL CONDm NS ARTICLE 1-=DEFUNI (TONS Wherever used in thcs;-General Conditions or ih the other Contract Documents the- following terms: have the. .meanings indicated which arc applicable to buth the .ingularand pluralthereof, I.I.. .ddc4nda=Written or graphic instruments issued prior to the opening of Bids which cliuify. correct or change the Bidding Requirements or- the Contract Documents. 1.3.. .-lggrermart—'rho written contract Lcnvicen OWNER. end.C;ONCRACTOR covering the Work to le performed;, other Contract•Doci menns are attached to the Agreement and made a part thereof as provided therein. 1.3. Applicatian fir Patwtent-The form acccpm J by FANGIN.'ER which is to he used by CONTRACWR in requesting progress or final payments and:%6ich isto he accompanied by :such supporting documentation as is required by the Contract Documents. l Az asbestar--Any material that contains more than one percentasbystosand is friable or is releasing,ashestos;fb ers into the air nhv,e current action levels established by the United States Occuptiomil 'Safety and Health Administration. - 1.3, Bid —The offer or proposal of the hidder submitted on the preu. ribeid form setting forth the prices: for the Work F.i.lic performed. I.6:. Bidding Docrmients—The advertisemen( or invitation to Bad mstrbctioas:to bidders, the Bid Yornr, and the proposed Contract Documents (inctud4g, all,Addenda issued prior to receipt of Bids): 1:7, RU&ig Requirements —The ach•crtiscrmim or .mvitation:to Did, insttuctiomilo bidders, and the Bid tam. I.B.. Bondy -Performance and payment bondi and other instruments of security. l'9. Change 0nIer--A document recommended by, EiG=— =, which k sigrtcd by CONTRACTOR and OWNER and authorizes an addition deletion or revisiun its the Work, or an adjustment in the C_'untract Price or the Contend Timm issued bn ur after the Et&ctive Date of the Agreement 1,10. Contruel Documents —The Agrti ment, Addenda (which pertain to the Contract Documents).. CONTR- (CroR•s Bid (including documentation accompanying the Bid and any post Bid .documentation submitted prior to the Notice of Award) when attachedas an exhibit to the Agreement, the Notice: to .Proceed the Bonds, these General Conditions the Supplementary Conditions, the Specifientioms and the Dmwingz as the Rtcuc•c;E�rx,u..d:oNurnora t41aS p7>n Eitilicnt cat city oe roar mtu cs azouu ItanONS pcsv arzanni same are- more specifically identified ui the Agreement, together with all Wriuen-rlmendmems, Change Orders, W"ork'Ciranue Directive;. FieldOrdem and EIGINF.ER's written interpretations and clarifications issued pursuant to panagnaphs3.5, 3.6.1 and 3.6.3 onor utter the Elrec6ve Date of the AgreSment. .Shop .Drawing subhiittals upproved pursuant to paragraphs &M and -o:_7.and the repoits and drawings referred to in paragraphs 4.11 and 4.=,2 are not Cohn ct Documents. t_11. Connnci Price—Themgnevs payable by (DW.N R to CoymR. CTuR forcempletion of the Work in nwerdance with the. Contract. Documents as stated in the A&u ment (subject. to the provisions of p mgmph I L9.1 in the vise of Unit Price Work), 1.13, Connvcl Tams=Fhe numbers of days or the da3.smted in thc-Aincerrem: (i) to achieve Subztaraial Completion,, and (ii)ty complete: the Work so that it. is ready for finalpayment as evidenced by hNGlNE6'1Vs written recommendation of final payment �in iccorduncec with paragraph 14,13, 1:13. Co,vIR,4010R—The person, Fim or corNmrion with whom OWNER has entered into the Agreement. 1.14, ikfactiva—An 'adjective which when modifying dic word Work refers to Wtxk that is unsitistactorv, faulty cv dclicienl in thatit dots notcontort to the Contract flocunwrits, or defies not meet the requirements. of any imspection, reference standard, test or approval referred to in die Contract Documerim.or has, been diriaged prior to ENGINELR's firml payment. (unless responsibility for die protection thereof has been assumed by OWN iFR at Substantial Completion in accordance"w-ith paragraph 14.9 or 14.10). 1.15, Drmvbtgs=The drawings which show the scope, extent and character or die Work to be .furnished -5nd performed by CONTRACTOR, .and wluch have been prefonid or approved by L•'NGNELR and are referred to in the Contract Documents. Shop drawrats are not Drawurgs "Isso defined. 1.16, Effective Darn of di .4greentent—The state indicated in the elgreagienton which it becomes affective, but if no such dale is indicated it means the date on -which (he Agreement is simod and delivered by the last of the two parties to siLM and deliver. 1.17. G:1'GINLL•R—Tlie person; -firm, or corporation rauned us such in die:%.greenienl. 1.18. E:VG11NEERS' Coisidtunt-,A person firm or corporation having it contract. with E_\GUNTEER to fumish services as ENGNMERs independent professioiiil rttisoctate orconsullam with respeet.lo die- Project and who is identified us such in the SupplementaryConditions. 1.19, P(eld Onter—A written order issued by EIGINEER which orders mirror changesin the Work in accordance with paragraph 9,5 but which dos not involve a change in the Contract 1-Yice or the Contract Times: 1 20. Generat.Requiremenrs—Sections. of Divi3ion I of the Specificatiorm 1.21- Haactrlous fl'asre—Tie tern Fl:iv_amows Waste shall have the mcvping provided in Section 1004 of the Solid Waste Di-gh5cal Act'(42 USC Section 6903), as amended Got lime to time: 1.22.a: Lan5.and Ri,Qidanonrr Lutlo`ord2zgtdnriats•,:arty. turd all. applicable laws: rulm. regulations ordiminces,. codes a..d orders of any and all -governmental bodies_ agencies,. authorities and courts havirg jurisdiction. 121b Lezal tluGdav3--shall be those holidass observed iv, the.City of Fort Collins. L21 . Liens —Liens, churges, security interests or encumbrances upon real property or pzsaml property. 1,24 A, ilesrone- A principal event specified in the Contract Documentsrelating to an intermediate completion date or time prior to Substantial Completion of all the Work. I,^_S, ,�nnc,e of.luunl—A. w-rincn notice fry OWNER_ to. the -apparent succes ful biddcrstaung that upon compliance by the apparent successful bidder with the condiu6ns precedent enumerated [herein,. within the tune specilicd, OWNER will sign arid deliver the. Attreement. 1.26. ;Vo6ce to Proceed —A written, notice given by OWNER to C ON*rRACfOR (with a copy to ENGFINEER). Rang tic date on which. the Contract Times will commc ricc to run and on vihici CONTRACTOR shall start in perform. CONTRACT.OR'S obligationgunder the Contract Documents. 1.27, OWNER —The pubic body, or authority, corporation association, firm sir person with whom CONTRACTOR has entered into the Agreement 1111d for whom the Work is to bepwided. 1.28. Partial Uti1L-arion-Use by OWNER of a substantially completed part of the Work .for the purpose for which it is intended for a related purpose) prior to Substantial Completion of all the Wort 1.29. PCBs -Polychlorinated biphenyl. 1,30- Pelroleurn--Petroleum: including crude oil or: any rraction .thereof which is hiluid at. standard conditions of temperature and pressure 1.(60 detaws Fahrenheit and 14.7 pounds per ,e[uarc inch absolute); such its oil,. petroleum. fuel oil, oil sludge, oil refuse, easoline: kerosene and oil mired with other non-I.tazardous %Vaster and crude oils: 1.31. Project -The total construction ofwhich'the Work' to be provided under the Contract Documents may be the whole. or ii part as indicated elsewhere in the Contract .Documents. 1.32.a. Ru&oacrive.Afuterial-Source: special, nuclear. or byproduct material as defined by die Aromrc Energy Act of EKDCQE%IEr-u.Ca,WITIOlstvfu4COW 8rlitiail rat CITY Or FORT COLU M MOOtFCA'rIONS f Rr V •1 ilaoul 19i4 04_ USC'Section 201I et. sccl.).as ameftcled front' time to time. - 1.32.b. Retiulur WaAlgz Hours--Reeular working hours are defined as 7 n0am to: 6:00tmt utdess otherwise specified in thegeneral Regal rements: 1.33. RasUunt PrvjecL Repew;enratna-The authorized representative or ENGINEER who may be assigted'lo the' site or any part thereof. 1.34. Samples —Physical esampics: of materials, equipment, or workmanhip that are representative of some portion of the W6rk and which establish the stnndardc by which such portion of the Work will be judged 1,35. Shop Uraivings—All drawings diagrams,, illustrations, schedules and other data or information -which area specifically prcparcii or.assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate soma portion orthe Work. 1,36- S/xeirotinnr—Those portion.; of the Contract Documents consistingof written technical cicu:riptioa; of materials, equipment, construction systems; standards and workmanship as applied to 'the Work andcertain administrative details applicable thereto. 1,37. Sabcontruetor---An individual, firm or cotptimtion having a direct contract with CONTPU%CI'OR or with any other Subcontractor for the pertominnce of a part of the Work at the site. 1.33. .Substantial Completion --The Work (or a specified part thereof) has progressed to the point where. in the option of. 'F-NGINFF.R as evidenced by ENGLNEERS defin five certificate of Substamuil Completion. it sufficiently complete, in accordance with the Contract Documents, so that. the Work (or specified part) qui be utilized for the:'pitipgses .for Much it is intended'. or if. no such certificate is issued, when the Work, is complete- and ready .for final ,payment as cvidetucd by.FNGINF.F,R's wTittcnrgwmmendlition of final payment m accordance with pnraensph 14.11: The terms "siibstrtntially complete" and "subNIandalty willplewd" as applied' to all of part of the Work refer tU Substantial Com plction,theregf` f39. Supplonetttmy Conditions —'The part of -die Contract Documents which amends or supplements these General Conditions. 1.40. Supplier -A manufacturer, fabricator,. supplier, distributor. materialmtin or vendor hn•ing a direct contract with CONTRACTOR or with any Subcomractor to furnish materials or equilmtant to be•fncorporated in the Work by CONTRACTOR or anySubcvntractor. 1.4f. Ciinlergroruid Facilities -ell pipelines conduits. ducts:,cubles wires manholes. vaults, tanks,, tunnels or other such facilities orattaehmaits, and any erumsements containing such facilities which have been installed underground to furnish any of the following services or I materials: electricity, steam. liquid petroleum products, tclephcme or other communications. cable television, sewage and drainage. remnoval traffic or other, control systems or water. 1-42- 11riit Erica Mark -Work to be mid, for on the basic at urnt pOC95. I.41 lVork-The enlin_ completed construction or the various separately identifiablcparts thereofrequired to be furnished under the Contract Dgctanents. Work includes- and- is the result of perforating or futnishimg labor and furnishing and incorporating materials and. 24uipment into the construction, anciperComting or furnishing .wrviccs.and f irnishim, documents. 'all as required by the Contract: Documents. I.44. iCoi* Change DLvctice-iV written directive to CONTRACrOR, issued on or after the Etlectivc Uak of the Agreemcm and signed by OWNER and recommended by ENG 1N-EM ordering an addition. deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is. to he performed as provided in parngnph.4.2 or 4.3 or to cmcrerncin under paragraph 6.2<3 A Nark. Change Directive will not change the Contract Price or the Contractt Times, but is evidence that. 6, panics expectthat the change directed or documented by a. Work. Clitmge Directive will be hicorpxated iri a :suluequently issued Change Order followingnegotianons by the parties as it) its effect, it any. on the Conrrnct'i'rice or Contract Times as provided in paragraph 10.2. 1.45. Written written amendment of the Contract Documents, signed by OWNFR and. CONTRACTOR on or after the Eftective ,Date of the Agreement and normally d"niing with the noncngmsl'ing or nontechnical rather than stricily construction -related aspects of the Contract Documents: ARTICLE 2=PRELIAGN-.-ARYNUTTERS Delivery of Borids: When CONTRACTOR. delivers. the executed Agreements to OWNER, CONTPf\C'.TOR shall also deliver to OWNER such Bonds as,CON fPQkCTOR may berequired to furnish in.aeLmrckmce with paragraph 3.1. Copies o%Dacumml[ , 12. OWNER shall rnnish to CONTRACTOR up to ten copies (unless athcrwnse spetified to the Supplementary Coalitions) of the: Contract Documents.as are rei soinabty necessary for.the execution of the Work. .additional copies will be lomistneil upon rettutst, at the cost orreproductiun. Cwnntencennenr of Contract Times; Natice to Procee(I 23. The Contract Times will commence to tuft on the thirtieth day nler the Effective Dnte of the Agreement, or. EftDCUENERAL CONOITION.3 Olt" t1990 E66(4u Wl CITY OFFORT COLLI Ni UOUIPICATION:i (K-EV 12000! -if a Notice to Proccedis given. on the day indicatedin the oticc'to proceed. A'Ariaice to Proceed may.ha given at any time within thirty days alter the Etfectiire Date of the lgrecmen(.-4n-a;.-1v -131 Will the: taxree[ eteea eonrmeas.�[e-rttn-lake--than-ihersiltieGt-defy-afkr-thy day . t)t- 8 td•'openirii.-. cr-the-phi rticth-Jav-n Fier- the-Effec[ ivtFketa uf•the :Agreement-whichever-dn{t-is<erlicr: Starting the Work. =4: CONTRACTOR shall start to perform the Work on the�date when the Contract Times,commence to run,. but no Work -shall to doneat the site prior to the data on which the Ctritnict Times commence to run nefor¢ Starring (-ran vruclrac .i Before undertaking each exert rat' the Work, COcL\ITRACTOR shall carefully' study fond compare the Contract Document% and check and verify pertinent figure shown thereon and all applicable field measurements CONTRAC.'I'OR shall promptly report in writing: to HNIitNEF,R any conflict, error, ambiguity or discrepancy' which CONTRACTOR- may discover and shall obtain. ace wrttten mtcrprcaaion or clarification from. ENGINEER before proceeding with any Work affected thcrcby: However, CON'I'RAC'MR.shall not be liable to OWNIFR or ENGN& EER far failure to report any conflict, error. ambiguity .or discrepancy in. the Contract D cumcnts unlccs CONTRACTOR knew or reasonably should have known. thereof. r;. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirments), CONNTRACTOR shall submit to. Lac fG[3NEER tar review: 36A. a preliminary progress schedule indicating the times (numbers at days -or dates) for starting.and completing the various stages of the Work; i icludhig any Milestones specified in the Contmct b&ur ents; 163- a preliminary schedule of Shop Dmwaig and Sample submittals which -will list each required submittal andthetimes for. subm itting,* reviewing and processing such submitutl: _6_.2.I_ In no .c.nw ,will a schedule .be acceptable -which allows less than ^1 calendar. days for each rovicty by DiQineer. 2,6.3: A preliminay schedule of values for all or the Work which will include quantities am] prices of items aggregating the Contract. Price and will subdivick the Work into component parts to sufficient detail to serve as the basis for progress payments during conslracttoa Such prices will include, un appropriate amount of overhead anti profit applicable - to each item of Work. 2.7. Before ,any, SVork at the site it started. CONIJ6CTOR enl-G :}ik shall eaeh deliver to the other OWNER- with copies to cash-tteldit+aRal-insat'ed identifiied4n-the Stipplantantary-Canciitiens F:\Gf,rp.EiR certificates oe insurance (and other evidence of insurance whwh-Ctthe>-of-.1-x^-�•r.-ar+y-ndrdtHaratl-tnsLl�d-arty :aasoaab!!�reyuesE requested by OWNER) which CONTRACTOR--tiid FespestiwlF ,are is required to purchase and .maintainin aci;ordance with paragraphs 4-i:6.and'- 7. Precvn.gruetion Conference: 4.3: Withat twenty days after the Contract'l'imes slut to nut but before anv Work at the site is started, a coitferencc aiiendet! by COXLRACTOF- EN11IM6R and oilers as appropriate, will be held to establish it working understanding among the parties as to the Work and to discuss the schedules referred .to in, paragraph 16, procedures for handling Shop Drawings and other submitmLs. processing Applications for Payment and maintaining required records. 1nitiallF.4ccepntble Sehedulev. Z.J. Unless otherwise prtiwided in the Contract. DMUMCttLS BE le ,n-Aptlttl�ust -App'' . v,,e..-�r-i..,..,�°^•-^ �` before arty work at the site f+egins, a conference a[tcnded by coNTRACTOR, ENGINHFR. andothersas apprapr'ime designated by OWNT-R. will be held to review for acceptability to Et FGINFER as provided below the schedules submitted inaccordance with p,arayrttphZ6. and DivZsion I_Gerierol ftx1LitrevncnLs. CONTRAC,'fOR shall lave an additional ten days to make corrections and adjustments and to complete. andresubmit the rwhcdules No progress payment ehall be.: made to CONTRACTOR until the s hedulcs are submitted to and acceptable to FTIGINEI-R. as provided, below. The progress schedule will be acceptable to FNGCN'F.FR as providing an orderly praeression of die Work to completion within any SPeCified Milesturis and the Cantrux Tunes, but such acceptance will neidwr an pose on fZNG[�i TEL•Rresponsibility for the siquencin�_ scheduling or progress of the Work rtor bttzlelic with or relieve CONTRACTOR Dorn CON"rRACTOR's full: responsibility therefor. CON- TR4CTOR'a schedule of Slop Drawing andSamplesubmissions wil[.be acceptable to FNGLNTF.R as providing a workable am, n-cment for reviewing and processing the required submiitals CONCR \CTpRs v:hedule of values will be acceptable to s[' ,:GLN1Em'as•io rt.= and substanev. ,UMCLE'3-COYR ACT DOCLiMEN'rs: .L` rEuNT, ,iLMENMENG, REUSE' Intent 3,L The Contract DocwnenLs coinprise the entire agreement .between OIVNTR and CONTRACTOR eoncerning the Work. The. Contract Documenss ;ace complementary: what is called for by'one is as bindulu as'if called far be. all. The Contract Documents twill be construed in accordance with the law of the place of the Project. 3,'_ rt is .the intent of the Contract Documents to F,1CDCUENER,II.CONOM011-�3 1910S(199U Editingp to%CITY OIL FORT COLLIM mowi c.vribN51 F.LV,W0111A describe a functionally complete Project (or port theretl) to 'he constructed in aceurdame with the Contract Doxuments. Any \Vork., materials or equipment thatmay aasonably be interred f om the Contract Documents or from prevaiGrig custom or trade usage as being required to produce the intended' result will be tumished and perf6uned whether or not ppeeifically' called for., When or,pluase"s.which have a well known technical or construction industry or trade meaning are used to descnba Work; materials or equipment, such words or phrases. shall be interpreted in accordance with that meaniirg. Clarifrntionnsand inlerpretationsofthe Ctmliact Documents shall'be issued by ENGINEER as provided' in paragraph 9.4., 3.3.1 Reference: to Smrrilards and Specifications of Technical Sexidies; Repvrtitrg. and Resolving Discrepancies. .i.:3.L Reference to standard.;, sptciti4-ttions, manualsor cotes of any technical society, em_aniartion or association, or to the•.Laws at Regulations,of tiny govcnunenuil authority; whether such reference be specific or by irnpliepbon shall mean the latest standard, specification. manual• clxe or katvs or Regul'atibm in effect at. the tiine of opening oC.Bids.(or, on the Effective [:)ate of the .agreement if there wcrc no Bids), except as may be otherwise specifically stated in alit Contract Documents. 33:2. IE during the performance or the Work,, CO,N'rR',.\C'rOR dliuovers any- conflict, error, ambiga ity or discrepancy within the Contract Documents or benvem the Contract Documents and any provision; of any such L.aw or Regulation applicable. to the [vrfonbance of the Work or of any such standard, specdica[idn, manual of code or of any instruction ofany Supplier retcged tom paragraph 6.5. CONTRACTOR shall report it to BRIG N=- ' in writing at once: and CONTRACTOR shall not proceed with the "Fork afle.cted thereby (etctpt in an emergency as authorised by purawapk 6.'_i) untl an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragrt ph 35 or' 3.6; provided however; that Co;`ITR\CTOR shall not be .liable to OWNER or E•NGLN -Z-R for thi[ure to report any such Conflict, error, ambiguity or discrepancy tmlassr CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except as aahenvise-specific ally slated in the Contract Documents or as may be. provided by amendment or supplement thereto issued by one ul the methods indicated. in p4raLrrrph 3.5 ' of -3.6, the provisions of the Contract Documents shall take pri:Udence in resolvimr tiny conflict, error; ambiguity or discrepancy -between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such samanL specification. manual. code or instruction (whether or not spcciCically incorporated by referencc in the CentritetDocuments); or. I 3,111 the provisions of any such Laws or Regulations applicable to the performance of'the Work (finless' such an interpretation of the provisions of the Contract Documents would result in violation of sttdh Law or Regulation). I 1 No provision of any.such synndnrd spcicificmion; manual, Lode or lrhtilNetiun shall be effective to change the duties and, resonsihilities of OWNMk, CONTRACTMR or F_VGINEER: or env oftheirsubcontractors, corisultnne,' agents or employees from those set forth in the Contract llsummu;, nor shah it be cltcctivc' to assign toOWN13R,. FNGfNTER or any of F\`Crmr..R % ConsultheLi, agents or employees any dutyor authority to supmiv: or direct the furnishing or lxAu-mane of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contruct Documents, 3.4- whenever in the Contract Document.. the terms "as ordered"..'as directed", ".Is-required",'"as allowed', "as' approved" or iernts of like clFect or impon ire aced; or the adjectives 'remonable' suitable""acceptable',"proper" or "satisfactory" or adjectives of hike effect or import are used to describe a regtt'uemcm, direction. review or jud=ent of I� GLNTER as to ttie:work, it is intended that such requirement, direction, review- or judgment will be solely to evalume, in geneard. the completed Workfor compliance with the requirements of and information in the Contract Doeumems and conformance with the desi..rt concept of the completed Projeeras a function ing.whole is shown or indiLmed m.the Contract Documents_Cunless there is a specific statement. irxliwting otherwise). The use of Inv such tern or adjective shall not be etYectiveto assign to L•TIGUEERany duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority tc undertake responsibility contrary to the pirnisions of pinragraph 9.13or any either provision of the Contract Ducuments. lnrentgagnnil Srupplwnenting.Cuntrrzcl Documents 3.5. The Contract Documems may be amended to provide f6r,addi6on<, deletions and revisions in the work. or to modifydhe,terms and conditions'thereof. in one or mire of the fdllowing (ways: 3.5.1. atforntal Written-Amcndmem 3.5.1 a Change Order (pursuant to paragraph 1(1.4):. or [i UCcFN'FXAL.CONDMOtM Mv3(I a9u edition con a Y OF FOR4 COLLtnS :ytauunc�k riGN; fat(Ev •araeo) 3.5!3: a Work � aage Directive (pursuant to paragraph 10.1), 3.6. Gn addition, the ie juiremems of the Corurac[ Documents may be supplemented and minor variaiions and 'deviations in the \York: may be. authoeimtd;'in one or more of the .full o ving.aays: 3.6.1. A Field Onlar(pursuant to paragraph 9.5h 3:63. ENGNEM's approvalof a Shop Drawing or Sample (pursuant io..parayaphs 6.`2o and 6.27). or 3,6.3: L\11MMEks written interpretation or clarification (pursuant to paragraph 9.4). Reuse of Documents 3.7. CO:u'fRAC 0K and any Subcontractor or Supplier or other Nrson.or organimnen performing or furnishing, any of the work under it. direct .or intluect contract with OWNER. (i)shall nothave or acquire any title to or .ownershiprights in any of. the Drawings, Specifications. or other dot:uments (or copies of env thereof) prepared by or bearing the seal of hNGINHHR.or FiQGENTER's Consultmir. and, (ii) shall not muse -any of suchDnwings..Spcciticmions, othw documents or copies on exteLaorug of the Project or any other project without writteti• corisent of OWNER and M4GIINHR and specific written verification or -adaptation by Eh101NEER. ARTICLE 4--AV,%JL WILITY OF LAiNDS; SUBSURFACE XXI) 'PlIVSICAL (,ONDITIONS; :REFFRFANCF POIN7S. : lrnilnbiliti' ojLands: 4.1, OWNER shall harmFli. ;is.indicnted in the Contract Documenm the lance^ upon which the Work is to be perMmted rights -of -%any and easements for ickxcs thereto, aril( such other lands whichare designated for the use ofCONTRACTOR ,Uoonrmsonabla-wFi[temrmueu, UIVNER shall identifil any encumbrances or restrictions not of gcnem Lapplicatton but specifically related to use of lands so ttrmuhid wish which CONTRACTOR will have to comply in performing the Work. Casements [or permanent structures or permanent chan_es in existing Facilities trill be obtained anal paid lur by QWNMLunless. otherwise provided in the Contract' Documents. ff- CUNfRACfUR and OWNER are. unuibte to uucc on entitlement to or the amount or relent of any iidjusmrens in the Contract Price or theContractTimes as a result of any delay in UWNEWs furnishing these lands, rights -of - way or rasc cns. CONTRACTOR may make a claim therefor is provided in Arjoles I I and 11 I CONTRACTOR.shall provide for all additional lands and access thereto that may be required for temporary construction facilities or stcrage of •materials and equipment. J, 2. Subsurface moil f'hp,yieal Cat ifirion e 4.2:1. Reports iund Drawings: Reference is made is the Supplementary Conditions for identification oL. 4.2.1-1. Subset -face CombWans:. Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGNEER, in preparing the Contract Documents:. and 4.2.12: 1'tmsicul Conditions: 'Those drawings of physicarconditions in or relating to existing surface. ur subsurface structures at or ccmtiguote; to the site - (except Underground Facilities) that have been utiLi by ENGNEER in preparing the Contract Documenm. 4,2-1 Cunired.Relimree by CONl UC761Y 4nrhori:.ed; 'l ;felorica!'1)ara: CONTRACTOR may rely upon the genera!•acuracy of taxi "technical din" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data' is identified in did Supplementary Conditions. Except for such reliance on such "technical data"i CONTR\t:TOR may not rely upon or make tiny claim-agairtst.OWNER, ENGINEER or any of EN•GMEF.R's Consultants with.rcsRct to: 4-221 _ .the completeness of such rcpnrts and drawings for CONrRACTOR's purposes, including, but not. 1unittd. to; .any aspects of the moans, methods, techniques; sequericcs and procechtres of construction to be employed by CONIRAC:TOR and safety precautioinsand programs incident thereto, or 43 other data: 'interpretations, opinions and information contained in such reports or shown 6r indicated in such drawings.. or 42'3,3_ any CONTRACTOR interpretation of or conclusion drusvn Goa.:any'"ttefi nical dam" or any such data. interpretations, opinions or information. 4.2.1. Motice of DR)'ering Submirfac•e or Plitskal Condilions:. if CON'rR\CrOR believes that, any subsurface or physical condition at or contiguous to the site thatisuncovered or revealed either; 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONITIL\CTOR is cniitledto rely as provided in paragraphs 4:2:1. anal 4'.2.2 is materially inaccurate. or- -0'3:2. is of such anature as to require a. change in the Contract Documcnts; or J -�33. differs materially from that shown or EiCDC 02N—PXU, CONUFF10A6' 1910-3 0.99V Enid Ut 1. W CITY OG 1; ORT COLLI M MODtFICATIONS IRtiN, aanm) indie;tted'in the 'Contract Documents, or 4.2.3:4. is of an unusual nature, and differs materially from; conditions ordinarily eniountertid and generally rccogni:xd as inhe n't in. work of .the character provided for in the Contract Documents: then. CONTRACTOR shall;. prempO{r immediately :after becoming mvarc lheretiC and before further disturbing conditiems affectedthereby or performing any W�rl: in connection therewith (except in an emer-.eotcy as permitted by paragraph 6.231, notify OWNER . and ENGMTER in writing. about such condition. CONrR\C'rORshall not further disturb such conditions or perumt any Work in connection therewith (�xdcpt as aforesaid) until receipt of written order to do so. 4.2.4. EAUI NEER's Review: E\GLNEER will promptly review the perinent.conditioms, determine the necessity of OWMER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONfRACrOR) of ENGINEER's findings and conclusions. 4.25: Pnc%ible Conroe•! Doceaxznis._ Change: If ENGINEER concludesthat a change in the Contract Dt]CIIrII etltS 11 ftglllred a3 a R:SIlIC nf;l condition thatnxwts one or more of the categories in puragnoii 4:2.3. it Work Change Directive or a. Change Orderwill ll be, issued as provided in Article lit to reelect and document the consequences of such change, 4.�-.fi_ Poesihle Brice anct 77mar An equitable adjustment in the Contract Price or in. the Contract Times, or both• will be allowed to the extent that die exisrnec of such uncovered .or revealed condition causes an uureasa or decrease -in CONTRACTORs cost of, or time requ ved for pertoimance oG the Work; subject• however, to the following,: '2.6. L such condition must meet any on, or more, of the categories described in paragraphs 4:2.3; 1 through 4.2,3A, inclusive; 42.6.2. • a t hamae in the, Contract Documents pursuant to patngraph 4.15 will not be an autoImatie ;iuthonzalion of nor a condition precedent to entitlement to any such adjusimerit'. 4.2,6.3. with respect to Work that is paid for on a Unit Price Basis, any, adjustment ,in Contract Price. will be subject to the. provisions of partraphs 9.1 p and l 1',9: and 4.2.64. CONTRACTOR'shtillnot be entitled to any adjustment in the Contact Price or Times i f: 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time COhrrRALj(.)R made a final commitment to 0%%WER in respect of Contract Price and Contract Times by the submission of a bidor becomutg bound under a negotimed contract'. or. 4.2 64a 2. the existence. of such condition could musenably have been discovered or revealed as n result of any. examination, investigation, e.\ploratior;, test or study of the site and -contiguous ' arias requited by the. Biddi= Requirements o Contract Documents to be conducted bv'or for CONTRACTOR prior tCO\� final e commitment; or 4.2'6.4.3. CONTRAC;I'OR failed to give the'writtein inoticc 'within the time and ,us rNuaetl by paragraph 413. 1 1 0 0 If OWNER and COVrRAC?TOR arc unable to agree on entitlement to or is to the amount or Icneyth of any such equitable' adjusunent in the Contract 'Price or Contract 'runes, o claim may be made therefor as provided in Articles It and 12. However, OWNER, FN01IUFER :and ENIGINIPF.R`s Consultantsshall not he liable to C(-)ty"rRA4 TOR. for any clnims,eosts, tosses or ihmages sustained by CO\TR.\CTOR.on or in connection'with.any otherprojeci or anticipated project. 4.3. Phy>ica('ConeidonY-UndfrgroundFacilitiev: 4.11. Sfinan or Indicated: The information and data: shown or indicated in the Contract Documents with respect to c` � Underground .Facilities at or conhgunus to tl c s to is based on information and data. firmished to O,\VNFR or ENCHNF.F.R by the owners of such Undemmuncl Facilities or by others. Curlessit is otherwise exlimssly provided in the Supplementary Conditions: 4.3.1.1. 0161ER and ENGf, LEER shot not Ix responsible. For the accuracy or completeness of any such infurmatiun or data; amd 4.3.1.2, Thecost of all of the following will bc� included in the Contract Price and CONTRACTOR shall have fill resp<insibility for: ,(i) mvieu'inggand checking all such inlomiation and data. (ii) locating all Underground Facilities shavn or indicatedin the Contract Dvemnents,(iii) coordination of the Work, with ilia owners of such Underground Pacilities- durinl corawctiort. and Civ) the safety and protection of all such Undcr_round Facilities as provided' in paragraph ti.2n and repairing any damage thereto resulting from theAVork, 4.3 Vot Showvurhuhcuted'. If an Underground Facility is uncovered or revealed :it or conliguouS to the site which was not shown or indicated in the Contract DccurncnL& CO:\'TR.AC'TOR shalL promptly immediiacly after becoming, aware thtreof,and before further disturbing conditions affected thereby or rvrforming any Work in connection therewith (exupt in an emergency as required by paragraph6._3)., identity the owner of such Tlndergreund Facility and EVUCueN T m covoFII ON3 N 1(" (1990 edtir,u so1C1rYO-FOR FCOLLINsMouu cano,ustt(cVAroam give written notice to that owner acid to O N;GR and ENGNI MER ENGINEER will promptly review the Under, round Facility .and determine the extent, if any, to which a change is required h the Contract Documents to reflect and document the consequences of the existence of the Undeigruund Eacilitd, If ENIGNEER;concludes that a�change in the Contract Doe:uments.is required. a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and ducument such consequences. During such time, CONTRACTORshall be responsible for the safety and protection of such Underground Facility as provided in pnrvgmph6.'_ti. CO\TTRACCOR shall Day be allowed an increase in the Contract - Price or an extension 6F the Contract Times, or both, to the extent that they are attributable to the existence of Any Under'sguund Facility that was not shownor indicated in the Contract Documents and' Ihat CO\" i-RACTOR tfid nor know of and could not rcasyinabh have feencapectcd to'hc.mvarc of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement toorthe Amount or length of' any such adjustment in Contract Price or Contmct Times, CONTRACTOR .may make a claim theretiir as pros ided in Articles I I. and 12. . 1 f.nvcver, OWNTR, E1gC7T dFFR arxh FNGNFF.R's Consultants shall not be liable to CONT RAC-VOR for any. claims, casts, losxas. or damages incurred or sustaiied.by CONTR:\CTOR.on or in-connectiori with any other project :er anticipated project 'Reference Poiluc• 4.4. OWNER shall provide engineering survey's to c:aahlish reference pointsfor construction which- in LNGNELRs judgment are. necessary to enable CONTRACTOR to proceed with 'ls: Work. CONTRACTOR shill be responsible for laving .out the Work:, shall protcct turd preserve the established reference points and shalt make no changes or relocations without the prior written Approval ofOWNER CONTRACTOR shall report to ENIGINMER whenever Any reference point is lost or destroyed or requires relocation b&iuse .of necessary.clwngesin grades or locutions, and shall he responsible for the accurate replacement or relocation,of' such reference paint~ by professionally gtialified personnel 4.5. ,4ybestoy, PCBs. Petroleum, 11a;ardaug Wade or 'Rndiwrctine hfi�teriai: 4.5.1.OWNER' shaft be responsible for any Asbestos, .PCBs,. Petroleum,, Hazardous Waste or Radioactive Materiel uncovered or revealed at the site which was not shown orindicated in Drawings -.or Specifications or identified .in the, Contract Documents,to be within the scope of the -Work iaid which may present a substantial danuer to persbre; or property exposed thereto in connection with the Wcrk at the site, Ol4NlRZ shall not be responsible for tiny such materials brouJil to thesite by CONfRACTOF, Subcoranctors Suppliers' or anyime, else for whom CONTRACTOR. is. responsible. ' 3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 4 +,— ON-- RA.6fQP shaltimtnedmteiy=(F?stop'nit �4 - hhertrFleuscF+ndiFierraad �F-Any-area-AFTeetrd-Fk{err';��ar� : -"�,"- :SAc} rt}nultit} L1L4s�i6P'--end-;•ia:C3L`�sk--(t{pFl-tlter+:u{L: F-eanC[rm sAr:h-notiee-in-Fvritin—F;)LW ERrslmll-primtptly. croreulE-with-Ei`FGT.NEElbcwrn:cmin_ thrrxressity-for OLIn:GR-fir-rarnin-e-yuA4ified-ax�Et-to-evu Iuate-such EititLetiur. it -Anyr. 6Ey FGitaC'GOFL=sF o11- of brreyu rcd•to resume -Work' in: A{t�stiiarrwith-sul:h tFluFis r{iGtien=eFjn-ArF} suAkr-A{Feslt�cl-arts-Unft{--AfFer-0l>r`�-F_T�hAS=c>hleiAitil. anv-requ ired- perm its - related -dwetu-arid-del ivrred-to nn�� �Q�n n r••-r� n. r�-.�-�p�5i31'+wRiFazt-nOFica=(i-}i�e5!Fi4n� then-weh-mnditien and ancatfecited r lias ar n-isoheeri m,ec.'N-:*�-far-6,c-:;�nmpEian-�F-LI'erk—c Fl-)-speeYtng+anti=sT.axial-ecndiFiensundar�cluc-h-sush LVaxk-m"•Q�bz-resumr�-safek'—FF nrrr-m.nr.�-.rco "�: tO�F��''T^��' a - «,stitleaFent-tu-oF tha-x mount of ; aeRFcef-3tt-!tdjtt,ERTeflt-rf- :tr1y-1fi C'uritt n.:.._ er r ." W".., �s- s a oil. of such, ;LL`" ' .vnc-�."^^^�.; 2F5rFGh-Sp281ftlCAHdrtlr�FlS-Flrlil2r--VilTiE't} either-party=rHH;rntak._�-*.�:�."'_rintF v:ided-tn -lctialts+l-rFnd-l= r?vt51EYia"E'r-w��=F a"i:TrPac��:'r[art fldtrffli`fld2d-i�3-R�iFY-." l'la>z9idel�--i•rdv`aw nEFt4l�t\'l9{tflt3i-+3ni{N`l7C'd eFft4 aftiCd-AC-llia'. '.1{t: FJC•Ul: aiENt:R.U. (;ONLIITIOv1 I) IIIJ 11'J'l(I EtGliml. uv CITY OF PORT COLU:S MOUtt1 CA'HO\S IP LV •IPOMJ) RF[C:LG�-BO\`pS't4�tLLS.UP-2 NCE. Performane•e..Pgpment anti Other Bone& 3.1. COVIRtACTOR.shallfurnish, Performanceamril Payment Donds., each in air amount.at,least equalto the Contract Price as security for the faithful performance and paymicrtt of all CO,ITRG\C WWs obligations under the Contract Ducuments. These. Dlnds shall remain in aT ct at least until onc'year after the datewhm final pay7nrnt becomfs due, except as provided. otherwise by Laws or Regulations or by the •Contract Documents. CONTR AC"I'OR shall. also fumish such other Rorids'as .we required by'the supplcmentaryConditions. .-\II Bands Shall be in the form prescribed by the Contact Documents. aNccpl as provided otherwise by Laws or Regulationsand Shall be executed by Sidi Sureties US are named in the current list of 'Companies Hnidirg Ceritic.=c of :authority as Acceptable Sureties on Federal Bondsand .s .Acceptnble Reinsuring Companies as putilished in Circular 570 (amended) by die Audit Stag; Bureau of Government limmial Operations, U-S, Treasury IJcpartmenr. All Bonds signed by an agent mast lx; accompranicd by a certified copyof:arch agent's authority to acL 2 If the surety on any Bond turitished by C:ONURXCI'OR is declared a bankrupt or becomes, -insolvent or its ri5tht to do busirfe_ss is terminated in any state where any parcafthc l'rojcetis located Itceascs to meet du iequin:mcnts of paragraph .l, COVfFr\CTOR shall, with n ten days theralicr substi ute another Bond ❑nd surety,dxoth of which must he accepLnblc to OIX NMR. 8.3. L-icensed-Suretierand Inwrm. CEwifrcatea' of Insurance; i-3.1: All Bonds and insuance n;quiryd -by the Contrnct.Dccuments_to be -purchased and maintained by OWNT-R•. or CO\r TRACTOR shall be obtainod from surety or insurance companies that ;ire duly licensed or authorixd in the junsdictiohin which the Project isloemedto issue Bonds or iniurance policies Tut the limits and covemges so rzquired- Such -'stared• imd iru tone companies stall also - meet stitch udditional requirements and qualiticado s as may be provided in the Supplementary Cnnditidni 53.2- CONTRACTOR skill deliver to OWNITE•1R2, with•eupies to each additional insured identified in the Supplementary Conditions. .certificates of insurance (and other evidence of insurance requested. by OWNER or anv. otheradditional insured) which COIN TRACTOR isrequiredio purchase and muinWin in kvcrthmce with paragraph 5.4, U�IGR-shall I -CO;\TRICTOR's Liabiliry insurance.- 5.4. CONTRACTOR sliall punkase and maintain such , liability and other insurance as is appropriate fur the Work being i±erformcd and tumished and as yvdl provide protection Tram claims set forth below which may arise out of or resull from C0i`1TR-\CC0R's pertomrmnee. and tarnishing of the }York and CON7RACTOR's other ' obhsations under the Contract Mcuments, whether it is to be performed. or furnished 'by CO.YCRACTOR, any btra Suxnctar or Supplier, or by anyone directly or indirectly employed by mty.ofthem to Perform or furnish any of the Work, o_ r_ by anyone for %4hosc acts any of them may he liable. 5A.1. claims under workcn compensation disability benefits and other similar employ« benefiracts: ' SAI claims for damaecs 1a, xlusc of bodilyinjury; occupational sicltriess or disease. or death of CONT RAcToR's employe,,; 5 43,, claims far damages because of bodily injury. stcknccs or disease or death orany person other than CO\'TR.\G'1•QR's rrployccs; >-p4-ulufns--leis-.dkuma�ev=insured-ln--cusu�naiery' per-,xirma!-wlucv-hnbmltty'e8veretenvhie:ra.-ca�,�a:n;�= t-a,';o:,-:,a-tf•rz; •'a,�-or:a,�NTemvt-dtreskl}-e,F ' iraet{v-ra4mz�fa-Jmz�antp{ayment-�Esmh-person-by - C-�^--",�T-,°..;Frdt�er-(a)v-aM-�l�aF-pzr:hxm-ti>F-any etheFreasom 5A.5. claims for damages. other than to the Work ' itself, because of iryury to or destruction of tangible projxrty w•hircvcr. IocatecL including loss of, use resulting therefronn and S.4.6. clauns for danragcs because ofbxhfv umjury or ' deiuh 3f 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 fie purchased and mainmined shill- S.43, with respell to insurance required by paragraphs 54.3 through 5.46 inclusive and 541, includeas additona. irsuieds tsubject to tiny ' customary eeelu ton in repect of professional liability).'OWNER, ENUUNIEER, E.NGLNEER Consultants and any other persons or entities identified in. the Supplementary Conditiurr,;.all of whom shall be -listed its additional insureds, and .include coverage for the respective ufLcers and employees of all such additional insureds; 5.4.h.. include the mimic- cu"verages and be writcn for not less than the limits of liability provided in the ' Supplementary. Conditions or required by Laws or- Rcgulatiam, whichever is greater, J.4.9. include completed operations irmrmnce; FJC;OC(iEtt7GV. COYDITIO�.'S f911}S tl!>•7n E�nli<nl w! Cl'rY OF FORT COLLI M MOOLFIG\TIONS tREV d20t10) FJ 5.4.10: include contractual, liability insurance covering CONTRACTOR'i indemnity obligations under PBragruphs 6.1?, 6.16 and 6.31 thnnrgh r 33; 5.3-11. contain a provision or endorsement that the coverage afforded will not be.cartcelled. materially chanued or renewal refused until of Izast,thirty days. prior written notice has b cri giyet to OWNER and GUVTR-•\G"CORand to each othcr additional insured adantitied in the Supplementary Conditiiays to whom a. certificate of insi mince has been issued (and the certificates of .insurance furnished by the CO .rl•RACTOR pursuant to pam6mph5,3.- will so Provide); 5,4.13. remain in e[Fo t at least until' Sinai payment and at all times thereafter dvhcn CONT RACPOR may b: cgrrc Lam, rcmovme or nplacirg-&Jecris-e \vork in accordance with paragraph l 3.1? and 5.4,13. with respect to completed' ormtions insurance, and any insurance coverage wrawn.on. a clamts;mnde hasis, rLanain in effect for ar least two years after final payment (.Ind CONTRACTOR shall fumnh Q%WFR and each other-addmonal insured identified in the Supplemenmry Conditions.to whom. a certificate of insurance Puts been issued evidence satisliiKtory to MINTER and any suchadditional insured of continuation of such •iosurmlcc at final. payment and one year thereafter), OIfNER's Liability ln.eurnnce: 5.5. rn addition to insurance required to be provided lw CONCRAC.TOR under paratuaph, .4 OWI\WP .at tjtVNER's cption, may purch.tsc :cod maintain at OWNER's expense OWNER's own liability, insurance as will protect OWNiE2 against. claims which may :iris,: from operations under the Contract Document- - 'Properryt.7nsurnnee: 3:6.�Unle-�-othzrwise-presided-in-the Supglatrizntnry rorxlitionsr-O\V•, ;ZP.--'shall'-pltrafmse-tad-conintain picpertyutsurxrui eu{ n-t}irWt�rk-et-the site-iwthe ttmouat et�[fia—eu Il-•[bpldceniznt-ctis�ihe[bof- (aibjcek-tis-sash ded uetible-amoums-us-may--b+-provided--in-the upplementary-C:6ralitions-or-requir&1-b L•aws-tine! lc�itlnnons)-Glvs-ittstnnnca•shttlla - �6: L-uwlude-the-interests ----, f=OW NFR; o��•ioknteiNrs•—o^-_.:n�.199R- ly?id3fsi�:EGR=r.E chuult�nts-and-e+fy-a6`te�pe[soru-� enuties-iJanuheJ-in-the-Supp4rmzmFry �nlitioas; each-cfawhom-is•deemed-to have-un-insurable-interest nod,hall-bte fisted adJttand•vuu[ed 6? -be written n- k3uilde s R sk=ill-r 9k=or -•r ,.� 1-satise...r n..... _,r,.. n,-m-tfutF slxill-at-east=include-inszrrtrrxr-fat=-ghysi,.' daaiuee�t<>-thrFlrark-tztt+pantry-Fw+{eiiraL�s--fsfsewa+k uitd-perk-•tit-aar�it-and-sktr'�-�=.•ma •-,�^^ 'ra, thz--mitt k3wia_e-paliCs=fife-f i �lning,---t:3tt ndladl I kierfs FiLS—EtS'fliay--ba pmpaty.(includi% Nit -not lim"tei t r"es -"d lj*g�- lh:•.Fs and pr6vid2,J-thaLsu6-nm- ieFiaL"ndequqDqwnl-hav&xep ineiuded 11 . . .. . . - - - lme.nt-rwaimnr+adr<i 5h.j.. be mai . . . . . . . . . . . . . . . ftwr—um "1 7 Wi fn«. Li -f4ifitREd flf i tSUFRH eAtLt-13eeR svNyHit Figli G6nsitlium� tind Eh i 14 te bun 9.. OWWER shall not be: responsible for purchasing amaintaining any pruptzty iimsunanoz to protect thc interests of CONTRACTOR- Sobw=ctois Li.others i6 I --'F I h . e-risk—of gich-16-z -a nd-i r- prope rty--insuntrwe ptjrdjasrsamj mHintuin iFaGlha purdiwees Own dx*rre speeial fanet—mvIU&4-ul- �.Ely ms lFaRce POlkieS ffffi'dc i-RRdeF ifisufftm& qnd he --east lit ��rirrcorru2Tcuu.l�5etuptric.�riousrt:cw�rzauai' I I 11 I 11 I I 11 7� I I I I I I I 11 1 I 1 1 F riti;ovztuogainst-otw-oFGOP."f [�\�;i'.OR Sulxsdxttrid:Wrs: �Ei-1r�i:� n'icy-ri-v.•,•••r'.uiraALti-EtAF�-krrld-(it�iE2E5; diFmterSrivAple}eesitAd-akentsof FIN OtFxxn: Receipt and 1ppfication of Insurance Proceetb. 5.12. Any insured loss under the policies of insurance required by paragraphs 5A and 5.7 will Le adjustedwith OWNER and made payable to OWNUt as fiduciary for the .insureds. 35 their interests may appear. ' subject to the, rzquirements of any applicable: mortgage clause. and, of O paragraph s:13. WNER shalt deposit. in a separate .account any moriey.so received: andrshall distribute it in .accordance with such ataecment as the parties in interest mmreach If no ether special agreement is reached the damaged Work shall bc•rcpaued or replaced, the moncvs so received: applied on'aceount thereof and the Work ana the cost thereof erri•cred by an appropriate Change Order or Written Amcndmenl. 5.11 OWT E•R- as fiduciary shall have powertoadjust and mrile any loss with the. insurers unless one, or the parties in interest shall.ohject in.writing within fifteen days after the. occurrence of lass to OWNER's secreise of this power. It such objection he made, OWNER. as fiduciary' shall midcz settlement with the'insrers in accordance_ with such aa-rcement ss the partics in interest amy,reach! lf'no. such.agreentent among Uae•parties in interest is «ached, OWNL•R as fiduc ary shall adjust and settle the lossngith theinure; artck-if-re aired--........... A-ATitii+g-lay--arts-party—in tnterts�E144 N F.R_-as4i umairy-shall--;ive-tom-far-the spar- vtesrmflnw:N=:suet �utiati.. : acceptance of Rondv and Insurance; Op#on to Replace: 5,14, If zither— ,I'-----�O?r'-r�A4FTQRj. OWNER has any objection to the covcragc•attbrded by ar other provisions•of the. Llonds-of insuirince. rcquued to be purchased and maintained by the .whet=Va to CONTR\CTORat accordance with Article � on die basis of ngnyconfyrmance with the Contract Documenits. the objecting-panpsktll so notify -the othzrpnrty'Ol1'NER will' !1O4_ 0Y&Nr,-TQR' iri writing within tert. fdteen clays alder receipt delivery of Uic,ecrtiticates (or -other -.evidence requested) 'tdLO\VNT R as required by pxarigmph 1.7. eiinl•C!lC1T-pFt)Vtde-tii-diC other-such-itddit iorin l-inti�Faiotiirrt-in-tesf>cct-of- insurance Purtinl Ulitization-Property Insurance.: 5,15. If OWNER Ends it necessary to occupy or use a portion, or portions of the Work prior to Substantial 6rC:DC'UE-�F]GW,GONDPn��Sd91lNS (t77a E<5ticui x'/ CITY 06 60Kf GOLL(V.i Pi(X.ilftCd'r10VS 1It14V In(jllll 'Completion oral! the Work strop use of occupancy may be accomplished in accordance with parardph I4.IU: pruvidcd that no such use or occupancy shall commence Ixfore the -insurers providimL the. property insurance have ucknowledged notice thereof aril in. writing eMcicd any changes in covemge neces_sirared thereb}•. The insurers providing the property insurance shrill consent by cridorsement on thepolicy or policies, but the: property insurance shall not be cancelled or permitted to iupsc on uccotuit ofuny-such partial u6c or occupamy. ARTICLE 6-CON'rRAC'rows' RESPO:1SI13I Ll a ES' 'Supenision and Superintendence: 6.1. C'ONTR croR shall supervise :inspect and direct the Work competently and efficiently. devoting such attention thereto and applying such •skills and arpertisc as may be necessary to pertonn the Work-in 'accordance .with the Contmet Documents C0N TRACTOR shall he salcly rexpnnsible feu the means, meths* techniques, sequences and prayedures of construction, but CONrRACrOR shall not be responsible For IN negligence of others in the dcsgr.i or specification of a specific means, method. technique, sequence or proccdlure of construction which is shown or indicated in and expressly requiredby the Contract Documents CO4'I-RACTOR shall be responsible to see that the completed Work complies acatmtaly with the Contmcc Documents, f.. CONTPvkCTOR shall keep on de Work.at all tirnes dw'ing its prcignics a competent resident superintendent, who shall not.be replaczdnvithout written notice to OWb,ER and .EtNGfNEOZ. except under aKiraortaliarv'circunistances, The superintendent will be CON.TRACTOR'srepresentative at Ufa site and shall have authority to act on behalf of CODnCR,v_rOCL All communications to the superintendent shill be as bind n.- a% if given to CONTRACTOR. Labor; 1hilerials'and E-quiporent: 63. CONTRACTOR shall provide ocimpelent, suitably qualified personnel to survey, fav out and 'construct the Work as re(uired by the' Contract Document-,. C,ONrItr\CTOR shall at all time,,; maintain gocid discipline and order at:the site. Except as otherwise required Inr�fhc safely or protection of persons or the Work or property at tie site or adjacent thereto. and except asothenvise indicated in the Contract Douments. all Work tit the :ate shallbe performed during regular working hours and C0N7MCTOR will not permit overtime work or,tic performance of Work on Saturday, 'Sunday or any Ic oaf holiday without OWNER'S written conseni given .after prior written notice to ElIGENEER- COi okc:TOR'shiall submit requests to the ENGINEER no :less than 48 '.hours in advance of anv Workto be performed on Saturday: Sunday. Holiday.s or outside the .Rezul.'ir Working Hours. I L !! 1 CA Unless otherwise specified in the General, contains or isfollowed by word§ reading.thatno like, -Requirements; i-ONL TRACTOR shall -furnish and assume equivalent cr "or -equal" :item or no substitution is. pull responsibility for all materials. equipment labor, permitted• other items of material or equipment or transporie(iort, corutruction equipment and machinery. material or equipment of Cher Suppliers may be roof ,appliances: fuel. power. light heat. tekphone..water, accepted by ENGINEER under -the following sanitary tactltties„ temporary facilities and all other circumstances: facilities and. incidentals necessary for the furnishing, performance, testing, stirt-up and completion of the Work 6.7.1.1. Vr Equal" If in ENGUNEER's sole 6.41. Purchasing Rcstrictiutts: CON rRAC•rOR discretion an item of material or equipment proposed by (:ON l !LAC !'OR'. is furn:uonally Must cgmph•. with the City s nurchasmL restrictions' A equal to thatosimed and sulEciently.similar so that ' coov of the resolutions are available for review. in the no change in related Work vv if be required, it may offieas of the Purchasing and Risk ivtanagement be considered by ENG.WEER ns an "or -equal" Division or the City Clerii:S office. .item, m which case review and approval of the proposed item. may,, in FINGENIFR•R's .sole 6.4.1 Cement 'Restrictions: City of Fort Collins discretion, be accomplished without compliance ' Resolution 91-121 requires that supplier and prtduicers with some or all of the requirements. for of cementor products containine cement to cordtkit acceptance ofproposed.substitute items. the cement was not made in cement •kilns that bum 6.7.1.2. Sp&t tle lrepo If nit ENGNEER's sale. us Immi-dowasteasafuel, discretion an item of material or _cqutcement proposed by CONTRACTOR dons not qualify as ' &K All materials and equipment shall be of good. an "or -equal" item under subparagraph 6:7.1.1. it quality and new,except, as otherwise provided in the will be considered n proposed substitute item. Contract Documents All wnriannesfind guarvttees. CONTRAC:COk shall submit sutticient- specificallvealled For by the Spccrtmatloivs shall etiprcssly information as provided helow' to alfow•; run to the bermelit of OWNI T'R. 16 rcquircd-hv ENGIDBFR, FNGI,,TER to determine that the item of materia! ' CONER.AcrOR shall Fumish satisfactory o6clence or equipment proposed is essentially equivalent 6 (including reports rif required tests) tx; to the kind and that named and an accepgihle:sututiwCu theictttr. .qua!i[, of materials. and equiptmt :UI materials armil' The procedure for revmew'by the LtiGLVTER. will equipment shallla: applied installed, connected.. erected, include the -following as supplemcnud in the used, clenned and conditioned in accordance with General Requirements and su ENGINEER may , instructions ofthe spplicabic Supplier, except A-, othcnviscr .decide is appropriate under the anuniscmccd. provided inthcContract Documents. Requests tar review of proln5sed substitute items of material or equipment will not he accepted by ProgresvSJnedule: F.NGFel-F.ER From arwone other than CONTRACTOR. If co,IiR11CffOR'wishes to ' 6.6. CON'I"RA&OR 'shall adhere to the progress famish or use: a substitute item of material or schedule established in accordance with pargnph'2.9 alit. equipment, CONTRACTOR shall firstmake may,bi adjusted tram late to timeasprovided.below:. written sppliwlion to ENIGIFNEER for acceptance thereof, certifying that the proposed .substitute will 6.6.1. CONTRACTOR shall submit to ENNGLti`EER perform adeg6ately the fpnCtions and achieve the ' •for acceptance (to the _ extent indicated in results called for by the general desiign. be similar paragmph2.9) proposed adjustments in the progress in substance to that.specifredand besliaed'to the :schedule that will not charge the Contract Times (or saute use as iFot specified The application will �Glatmes). Such adjustment, will conform generally -tact the went, if any to which the evaluation trilthcpmgess schedule then ineffect and additionally and acceptance of the pr7p6sed substitute will ' wilt' wino with any provisions of the General, prejudice CONTRACTOR's achievement of .ly Requiremens applicable thereto. Substantial Completion on Lime, whether or not acceptance of the substitute Car use in the Work G.6.2. Proposed adjustments in the progress schedule will requue a charge in any of the Contract thin, will change theContractTunes (or Milestorics) Documents (or .tn the provisions of airy other ' shall be submitted in accordance with the requirements' direct contract with OWNER for mvork on the of paragraph 12.1. Such adjustments; may only bra Project) to adapt the design to the proposed made by a Change Order or Written Amendmentin substitute and whether or not incorporation or use accordance with Article 1,2. of,the substitute in.conmection with the Work is subjesa to payment ofany license fee or, royalty. ' 6.7. Subsrituteannel "Or-Equid," items., Allvarinlions or the Propcned substitute rrom that . specified will be iderntified in the application and 6.7.1. Whenever an itmi oCniaterial or Cquipment is available maintenance. repair :,rid replacement specified or described in the Contract: D&umenls'by, service will be indicated. The- appUcation will using the namoot a proprietary item or the name of a. also contain sin itemized estimate of all costs or particular Supplier; the-specdmchtign or description is credits that will result directly or indirectly. from , intended to establish the type, function .and .quality acceptance of such substitute. including .crxas of required. unless 'the speci6caiion or description redesign and clatms of other contrctni; affected ceunCONDM OM a uis n,,9u edicem ' e.rc•uc c.0 !- tvlCl'fYOFFORTCOLLl7 M01.)[P1CA71ONSlttcy.1f2001p' 1 I 1 L' by the r'culting change _all of w•hidi will be considered: by LZvGINEER in e-alutling the proposed substitute. LNG11VEER' may require CONTRACTOR to furnish additional' data -about. the. proposed,subatilutc. - 6.7.1.3. CaN7R4LTOR:v Lvperue: All data to be provided by CONTRACTOR in support of any proposed 'orequal" or substitute item will beat CONTPLACTOR's ccper>se. 6.7.2. Subrtitate Coluhuction hfethods or ProcedmYri if a specific menns,.method-.technique. :seyuence or proccdur• of construction, is shown, or indicated- in and e%pre-ealy requiredln• the Commer Documents, CONTRACTOR may Ru sh or utilim a substitute means: methoeL teehmque- sequence or procedure of construction acceptable to ENGINEER.. C.ON!TR\CTOR shall submit sufficient information to allow FNC:IUEEkL in ENIGiNFf Rs sole discretion, to determine that,lhe substitute proposed is equivalent to thateNpressfy called for by the r_ontimt Documents. The procedure for review by ENGINEER. will be similar to that provided m,suLgmragmph g7-1.2. 6,73: Engineer's F-valua(im: •FN(xRs%-R will,'be; allowed a reasonable time within which to evaluate each piopa l or submittal made pursuant. to paragmphs 6.7.1.2 and 6, 7 2. b'NGLNTGR Twill be the sole judge of acceptability,, No "or -equal"' or substitute will be: ordered, insmlled Or utilized without FNU NFER'.s firior written acceptance which will be. evidenced by either a Change. Order or an approved Shop Dmwing., (MINER may require CONTRACTOR to lbnhish at CON R,\CTOR's tNpense a special perfomhance guanantee or other surety with respect to any "or -equal" or substitute. GNGI`NEER. will mcord tint regttircd by G\FGLYEEK and 11�;G1NT R's Consultants in evaluating-sub-stiiutc; proposed or submitted by CONTRACTOR fondant to rnriM, phs, 6,7,1,2,'and. 6,1:9 and in making changes in the !Contract Documents (or in the provisions of any other direct contract with. OW, IFR. for work on the Project) o=sioned thereby. Mwther or tx)t ENGWEER accepva scibstititte item so proposed'or submitted by CONTRACTOR: COMPACTOR shall rcunburse OWN-11Z for the chames of ENGDiIIER and 6NGINEER's Conultants I•or. cyaluating each such proposed substitute itein. 6.8. Conceming 5ilbcuntmcturs, Suppiieiw and Others: 6.8.1. CONTR AMOR shall not employ, any Sabi omractor, Supplier or other person or organization (jncliiding those acceptable to OWNER and LNGINECR'as indicated in parduaph 6.3:2), whether initially or as a substitute, against whom OWNEK or TNiGDTIEER may ktvr retnsonnble objection: CONTRACTOR shall not be required to employ any Subcontractor; Supplier or other person or organamnon too furnish or perform any of the-Work.againsi whom CONTRACI'01? has reasonable ohjection. uc ucot-VEP AL coYprn(7�z; t91" to -Ai Eutiau wicrry, or rOKr COLLINSMOD (CATIONS tRL•V dQaani 69 CONTRACTOR shall perform not less than 20 ep_.rcent. of the Work' with it¢ own fnrces.(that is, without submntiactinu): The 20 nctcientreguirement shall be understood to refcr to the Work the value of which totals not less than 20 percent of the Contract Price 6.3.2. IF t1w Suppkmantary U'ii ditims Bidding Documents require, the idcmlity. of certain Subcontractors.. Suppliers nr other persons or orgaui izations (inuludw_ those who are to furnish the, -principal items of materials or equipment) io Ix submitted to OWNER' in-advance—ok--thr•s�ified Jaw prior to the Effccti@e Dateof the AuTcemcnt'for acceptance by OWNER and HNGINEEItand—if .R's or, 'ENGd NEER's acceptance (either in or by failing to make written objection thereto date indicated for wceptame or objection in ling documents or the Contract Documents) of FNGIN-F.ER of in.• such Subc:antrnctor, Supplier or other Berson or org*inizraion shall constitute a waiver. of any right of OIVNF.R. or ENG NEER, to reject defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and LNGI1i TER for all acts and otnissions of the Subcontractors, Suppliers and other pemons and orgaruzatioms perform ing or funushing any of die W6rk under a direct or .indirect contract with CONTRACTOR just as CONI'RACI'OR is responsible for CONTR\CTOR's own acts and omissions: NoNng in the Contract Do uments shall create for the 'enefit of anv such Subtl IriimGtor, Supplier or other perstui or ore+tmjzation any contractual relationship between .OWNFR or ENGhiCER and any such -Subcontractor, Supplier dr other person or organization. nor shall it create any obligation inn the pan of OWNER or ENGT:\TER to pay or to see to the payment of any moneys due any such Subcomiactor, Supplier ur other person or organization except as may otherwise berequired by Laws and Kegulalwa s. OWilER m ENGli fEER'mav- f trnish to 'nro suibbontr�ietar supplier or other nemin or cruanization evidence ofamountsraid to. CONCR -I'Ok in according with COAPf RACTOR'S "Applications for Nvmcnt": 10 I 6,92. CONTRACTOR shall be solely responsible - for u:hc lulirtg and coordinating. the 'Work of Subcontractors. Suppliers and other persons 'and organizations perfirmin_ or tiunishirci any 'of the Work under a direct. or indirect contract with CONTRACTOR; 'CONTRACTOR shall require all. Subcontractors, Suppliers,and such other pers anal on;.amiations ,performing or fliirushin_ any of the Work to communii, Ie with the—CNIGOMR drrotigh CONTRACTOR. 6,10. The divisions and sections of the Specification and the identifications- of any Drawings ;hall not control CONTRACTOR in dnwiding the Work among Suhco Tractors or Suppliers or Zinenting the •Work - to he pertigmrd by any spcatic trade; 6.11. :AII Workperformed for CON'TRACT.0I2 by a Subcontractor or Supplier will be pursuant- 'to an appropriate agreement bctw_ccn C)NrRA(:TOR and the Subcontractor or Supplier which speciticaly binds the. Subcontractor or Supplier to, the applicable tcmis and Patent Fees and Rot'alries 6,12. CC)NTR.r CTOR .strap pay all license fees grid royalties and assume all acts incident to the use in the. performance of the. Work. or the incorporation in the Work' of any invention; &-sign, process. product or &-vice which is the subject of patent rights or copyrights held, by othars.. Fr a particular invention. design, process. product or device is specified' in the Contract Documents tier use in rho performance of the Work and if to the actual knowledge of OlV\rER or L1i GNEEER its use is subject to,paUnt rights or vopyrighLs calling for the payment ofany license fee or royalty to others, the existerace of such rights shall be disclosed byO%VNER in the Contract Documents To the fitllest exEcnr permitted by Laws and Rdgulauuns.. CONTRACTOR shall indemnify and hold hamilw OWNER T ,\-GLNTSR ENGINEER's Consultants and the officers, directors. emplovees, agents and.other consultants of each and any of lhcmt Gom and agaust all claims, costs.. Iosss.and damages wising out of or resulting from an_v inf ingcment of patent rights or copyrights incident to the: rise in the performance of the Work or resulting Crum the incorporation in. the- \'fork of any invcntiort .desim process. Product or device not spLciticd in the Contract Documents;. sit•occs.rLR.u, cowtTto,� utos o vtr e�dmi, w%QTY OIw FORT COLLI:S MGOLFfc.A IIO"S (?L•v aimg)) Permits: 6.,1J. _ Unless otherwise Provided ' in the Supplementary Conditions, CONTRACTOR shall obtain and "pay for all construction permits and licdrues.. OWNER shall assist CONTRACTOR, %then na ss: y, in obtaining, such permits and lieerises. CONTRACTOR shall pay all governnnental charges- aml.inspection fees necessary for the. prosecution of the Work- which are applicabk-at the time of opening of Bids, or,, if there are no Bids. on the Effective Date of the Agreement C0DIT2\CT0R shall pay all charges of'ulility owners for, connections to the Work. and e7WNt:R shall pay all charges ot'such utility owners- for capital costs. related thereto such as plant investment fees. Laaw and Regarlationsr 6.14:1. CON ACI.OR ; hall .give- all nciiccs and comply with all Laces and R .-ulations applicable to furnishing .text �,perlbrmwlce 'of the Work. � Except xhere .otherwise expressly required by applicable F.n vs and Regulations,' neither OWNER nor ENGINI'ER shall be responsible for monitoring COWMACfOR's compliance with any Laws r Regulations. 6.14,2, If CONTRACTOR pertorms any I.Vcirk knowing or having reason to know that it 6 contrary to I.aws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting thercfrom, limyever, it shall not be CO:\'TR\CSORs primary responsibility to make iprtain that the SpsiAcations and Dra%vi s are in accordant:- with I;atvs and Regufation-,.'but this shall not c6eve. CONTRACTOR of C;ONT', RAC'rOR's ublig au6ms-under paragraph 3.3 =: Taxes. 6.t.�, CONTRACTOR shill tiny all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulatioris or the Place} of the Project which are applicable during the. performance of the Work. 6 l5 t OWNER is exempt lbim Colorado State and lord sales and urn: tixs on materials to .be oennamntly_irKorl_omted into the proiect_Said to\es shall not be included in the.Contract Price. CONTRACTOR must apply Car. and receive, a Certificate of . Exemption ".farm the Colorado Department of Revenue for construction materials to tx- hhvsictlly incorporated into the prti ec)�t_This Certification of Exemption provides that the cowl?,\C COR shall neither paw nor include to his B Sales and Use Taxes. on those building and construction materials olvsically incormraud into the project. Addrew Colorado Dctrartmcrit of Revenue State Capital Annexe 11 I 1375 Shenaan'Street Denver. Colorado .80261261 Sales and Use Taxes for the State of Colorado. Re¢ional Trartsoortation" District' (RTD) and -certain Colorado counties are collected by the State of Colorado ❑nd' are. included -in the Certification .of Exemption. All aonlimble-Sales and Use 'faxes.(includim State collected taxes), on tiny items other than construction and building materials physically incorporated into the. t[_rojeet are to be paid by CONTRACTOR and are,to be included in aoorooriarc bid items Use of Premises: 6.16. CON RACT01i shall confine construction equipment. the storage of materials and equipment and the operations of workers to thesite and land' and armi ldrntified in and permitted by the Contract Ddi umems and other land and areas permitted by LawsandRegulations, rights-ofAvav, permits and casements, -and shall not rrnransonably encumber the premises with construction equipment or other materialsor equipment. CONTRACTOR shall assunto full responsibility forany damage- to any such land or 'area, or to the owner or occupant thereof or of any adjacent land or arcs, resulting. from the performance of the Work. Should uny dauii be made, by any such owner or — occupantecause of the. performance of the Work, (,omrtL4CrOR shall promptly settle with such other party by negotiation or otherwise resolve de claim by arbitration or ether dispute resolution prose ccding or at law_ CONTR VTOR shall. to the fullest extent permitted by Laws and Regulations, indemnify Ind Ihilet harmless. OWNER. GNGL)v'EER, GNGNEERs C(msdlLmt and anyone directly or indirectly employed by :ury of client from and agauut all claims, costs, .losses and dLamages arising out of or resulting from Miv claim or action.. kSal or equitable, brought by any such owner or ooLupant agairLst OWNER, R�GNECR or any other party indemnified hereunder to Lite, anent' (mused by or Leased upon CONTRACTOWs performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises Gee from accumulations of waste mathiafs rubbish and other debris resulting, from the Work. At the completion of the Wort: C(.1PFfR\CTOR shall remove all waste materials, rubbish and debris from and about the premises aswell as all tools, applimcesl. Wnstruetion equipment and machinery and sutphis materials: CONTRAC I'OR shallleave the silo clean and ready .for occupancy by OWNER. at. Substantial: Completion of the Work. CONTRACTOR shall restore to original conditioa.tdl property not dlcsignated Cor alteration by, the Contract Documents: 6,18. CONTRACTOR shall not load nor permit any part or env structure to be horded in tLacey .manner that will entangerthe structure, nor shall CONTRACTOR subject any part -of the Work or.adis"m property to stresses or pressures that will endanger it. Record Oxurihenty P.K'OC'OhriERAL CONUf97d NV4 I M (I'/')0 Hdfl o. m) 0'IT OF FOK'I' COLL[ t; MODtF(CA LIOi1'S 1 RE%, Aro,mi 6.19, CONMkCTOR shill maintain in I safe place at .the site one record copy of all Drawings,Specifications, nts Addenda- Written.AmendmeChange Orders. Work Change Directives: Field Orders and written .mterpretatnors and clarifiatibris- (issued purmant. to paragrmph 9-4).'in good order and annotated to show all changes made durina construction. These record documents together with all approved Samples aril a counterpa it of all .approved Shop Drawings will - be available tit ENGL-lEER fer reference. Upon completion of the Worth ',Ind prior to relcase of final payment, these record'decununts;'.Samples and Shop Drawings will*bc delivered to ENGINEER for OWNEK. :Safety and Protection, 63p, CONT L1CTOR shall be responsible for. initiating, maintaining. and :supervising allsafcg, prceduttons and programs in connection with the. Work_ CONMRACTOR shall t'tkc allnecessary precautions for the Safety ol; and shall provide the necessary prowetiun to prevent damage, injury or loss to: 620I- gall persons on the Work site or who may be affected by the Work, o _().2,, all the Work and materials and equipment to be incorporated therein, whether in storage on or oaf; the site; and 6J(1.3. other property at the site or adjacent thereto, including trees, shrubs;, lawns, walks pavements, roadways; structures, utilities and Underground Faciliticc not designated for removal, relocation or replacement in the course of construction. CON'R2ACTOR shall compry with :ill applicahle'Laws and Regulations of any public body having jurisdiction for safety of persons or property or, to� FuNct them from damu5e; injury or loss; '-,aid shill erect and maintain all neceaary sateguards for such safety .and protection. CON'I RACTOR shall notify oumus or udjacent property and of under round Facthtics and utility owners when prosecution of die Work may affect them, and ;hall .cooperate with them in the protection, removal relocation .mil replacement of their property_ .W damage, injury or loss to -tiny property referred to in praggraphs6.201 or 203 ciuud,directly for indirectly, in wholeor in par4 by CO'At,LACTOR, any Suboraractor. Supplier or any other person or organization directly or indirtraly employed by any of than to perform or furnish any of the Work or anyone fur whose acts my of than may be liable, shall be remedied by CON'TPACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGIi IIZR or LMNEflR's Consultant or,anyme employed by any of then or anyone fir whose acts any, ofthem may be liable, and not: attributable. directly or indirectly, in whole or in part, to thefault or negligence of CONTRACTOR or any Subcontractor, Supplier or outer person or organization directly, or indirectly employed by any of them). CONTRACfOR'sdunesandresponsibilities for the safety and protection of the Work shall continue unul such time as all the Work is completed -and E'NOf i lF.ER has issued a 1> notice to OWNER and CONTRACTOR in accordance with paragraph 14. l3. that the Work is acceptable (except as. otherwise expressly provided in connection with Substantial Complcuon).. 6:21, Stife?V Reproenuuiv CONTRACTOR shall designate, a qualified and e..,parienoed. safety representative at the site whosedutics and resP ibilitics shall be the prevention of.accidents,and the mntmatning and supervisin of safety prewutions and. programs. HuatrAComnutniarliun Progrunis: 6,22. COt\rl'RA(,—fOR .shill be =fK)risihlc fiir tvurdinatima tiny exchange of material "sa tidy data sheets or other hazard mnimunicauon infnrmation'required to be made- available to or exchana-ed between or among employers at the site in accordance with Laws or Regtilauons. Eiuergenciev: 6,23. In emergencies affecting the.�atcty or protection (if persons or the Work or property :it the site'or adjaccrit thereto. COVI'RACRJR, tvithenut specialinstruction or authorirtuon faun C)%VNF.R or EN IGNF,FRR is obligdtedao act to prebent threatened damage, injury or .loss. CONTRACTOR shall give ENuumiF..R. prompt written notice, if C091'RAC 6'R believes that any sigtihcnnt changes in the Work, or variations from. the Contract Documents have been caused thereby. If'ENGINEER dctcmiincs that a change in the Contract Documents is required because of the nctian Laken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Ort9:r will he issued to document the consequences of such action 6.24: Shop Drawings and anrplev 614.1. CONTRACTOR shrill submit Shop Drawing to ENGINEM for review and approval in accordance - with the ac:eptcd..chedulct of Shop Drawings and Sample submiaals (sce paragraph 23). All submittals will be identified as ENGLNEFR may require and in tie number of copies specitied in the General' .Requirements: Thai data shown on the Shop'.Drawirip will be complete with respect to quantities., dimenvotu, specified performance and design criteria, .mmerials and similar data to show 0413[VVGER the materials and equipment CONrkA%crOR proposes to provide and to, enable .Ei`MNFEFR to review the information for the limited: ptaposes required by. paragraph 6.26. 6?4.2, CONTR'C'TOR shall ako-submit Samples to ENGINEER. for review and approval in accordance with slid accepted schedulc-uf Shop Drawings and Sample submittals. Each Sample will be identiLetl- clearly as to material Supplier. pertinent datasuch a:: catalog.numlcrs and the use for which intended and otherwise as ENGINEER may 'equire to enable I11G11dEER. to review the submittal for, the liniiied eicvc ceueatu, caNut'n�t� to t ux it tivo emtiai 1 16 wICITY"OF FORT CULLt �a \tUblhi Cd'r10\:51RG\'42aUal purposes required by par gmph6,2G. The numbers of each -Sample io be submitted will beets speciti&I in the Spccifications. 635.. Submittal Procedures., 6.25J. Before submitting each Shop Diawing or Sampl2. CONTRACTOPshall'ttave determined and Verified: 6 1.1 all field. me asttremtntut cjuanuues, dimensions, specified performance criteria, .installation requirement., materials, ammfog numbers and similar information with resPed thereto, 6:25.1 2. all malenals with respect to intended use,, fabrication, shi pine, handling, storage, assembly and installation pertaining to rite performance of the Work, and 6:15.1.3. all information relative to. CONTRAG'I'.OR's sole resporsibilitics in respect of means, method--, techniques, xquences and prcicccturis orconmruction and cty'prceautinns and programs incident -[heron, COVfR•\G'rOR shall',also have, raviewt:d and coordinatcd each Shop Drawing or Sainple with other Shop DmwtitL and Sample.•., and with the requirements -cif. -the Work and the Contract Documents. 6,25.1 fiach submittal will hear a stamp orspecific' written indication that CONTRACTOR has satistied CONTRACTOR'S ubli ations under the Contract Documents with.respcct to. C()l,nx1CTOR's review and approval of that aubimittal. Atthe, time of each submission, CONTRACTOR shall give 6NGL\rEFR specific written notice of such variations. if ant; that the Shop Drawing or Sample submitted may have front die requirements of the:Contmet Documents, such notice to'be 'in a written communication separate- from the submittal-, anal .in acklititirt, shall cause a specific notation to be made on each Shop Drawing. and Sample submitted 'to ENG['c1EER for .review and apprJvel of each Such variation 6.26 ENGTNL•L•R will review and approve Shop Drawings and'Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by •EIGL\rEER us required b), pamgriph Zh. EIiGUEER's an d nd approval will be only to determine if the items wvered by the submittal:; will, alter installation or incorporation in the Work Conform to the information eiven in the Contact Documents and be compatible with the design concept of the completed project asit lonctitming whole as •indicated li' the Contract Documents. ElIGNEER's review and approval will not extcnd to marts, methods; techniques, sequences or procedures .of construction (except where a particular means, method, technique; sequence or procedure of I I 1 1] 1 1 1 1 i 1 1 1 i 1 1 1 1 1 1 construction i$ specifically and expressly called for by the Contract Documents) or io,safcw precautions or programs incident thereto. The review and approval of it separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGLNFE'R,.and shall retum'the required number of curretxed copies of Shcp Drawings and submit as required new Samples for review and approval. CONTRACTOR shall.directspecific attention in )mtina to .revisions other than the corrections called for by EIGIlVGER on preyiqus.submitals- 6:27. ENGLNFFR's rewiew and iipproval of Shop Drawings or Samples shall not relieve CONTRACTOR Etim responsibility for any variation from therequiirements of the Contract Documents unless CONTRACTOR has in wriCtnscalled ENGItNEER's attention to eachsuch variationat the time, of submission as required by paragraph 6.'_5.3 and ENGINEER has 'given written approval of each such variation by a specific written notation thereof incorporated in ur accompanying the'Shop 'Drawing or Sample approval; nor will any approival by F:NGINEFR. relieve CODTfR C-L'OR from responsibility for complying with the requirements of pamgrnph 6.75.1. 6'3. W3iem a Shop Drawing or Sample is required fry the Contract Documents or tic schedu lc of Shep I7 . wing and Sample submissions accepted by ENGLNEER. as required by - paragraph? 9, any related Work Fvrtgrmcd prior to FNGIrNFER's review and approval of the pertinent suhmimil will he at the sole expense and responsthility of CONTRACTOR. "Canpnuing the Work; 6,29. CONTRAi—TOR shall carry on the Work and adhere to tl> progress schedule during all dispu[u tit disagreements with.ORNIER. No Work shall be delayed or postponed pending resolution. of any disputes or dingrcements, kept as permitted by paragraph 15.5 or as O\VLiER aril. CONTRACTOR may otherwise agree in LtTiting. 6.30. CONTR'IC.TOR's CenerallNimaruvt and Guarantee. 6.30; I. COYI'RACTOR tvamms and guarantees to OWNiER ENGDTEER and ENGENEE-•R's Consultants that. all Work_,tvill bc'in accordance.vith the Contract Doaiments, and will not ' be dz%cfivo. CON ffc.4CTORs warranty and guarantee hereunder excludes detects or damage causeW bv. 6.30.1.1. abuse, modification or improper maintertance- or operation by- persons. other thin CONTRACTOR, SulxontractorsorSuppliers: .or 3.30.1.2. normal wear and tear tinder normal usage. 6:30.2. COLFTR\CTOR's obligation to perform and complete thc'%Vork in accordanee'with th-Contrnet Documents shall be absolute. \one of the following will constitute an acceptance of Work that is net in UUXUENEXAL CO.NDti ON6 0I a{i (iWif Editiart wi ca ry of FORT LOLL[ ^u :\MODIFICATIONS (RLV d n_ntl9) mccordarice kith the Contract Documents or a release of COL PI'RACTOWs obligation to,perfurm the Work 'm accordance with the Contract Documents: 6.30.2, L. observations by ENIGLNEER: 6.3022. recommendation of any.prigress or final payment Iry ENG cR`EM- 6.303.3. the issuance of a certificate of 'Substantial Cotmpletibn or- any',pnymem by OIINER to C61NIRACTOR under the Cuntrect Documenm;, 6.30-14. use, or occupancy or the Work or any pan thereof b'y.O W NF.R;. .630:2..5,. any acceptance by OWNER on any fitil'urc to do-soi, 6,30.2.6., any review and approval of a Shop Drawing or.Samplc.subminal or [he issuance of a notice of acceptability by EN(JNEER pursuant to paragraph 1 s_L3; '1ny"inspted0a; tCSL'orapprovalby oth:rr. or 6.30.3.$, any corryction of ck/ecriiv Work by OWNER. 'ill rielllnlftfQaMr:. 6.31. To the fuilcst 7tcm, permitted by, Laws and Regulations, CONTRACTOR shall indunnif and'hold hamtla,. OWNER Z �GE1,11T,R ONGLNEERs Consult tots and the officers, directors. ernp!6ytcs, ❑gents and other consulrants of each and any of them from and against all churns,.costs, losses and damages (indudirig, but not limited to —all fee, and charges of enginynrs, architects, attorneys and other professionals iutJ all court or arbitration on other dispute resolution costs) caused by, arising out of or resulting liom the performance of'ttra Work, provided that any such claim, cast loss or dannage;. (i) is attributable to Nx1ily injury. sickness.. disease or deatt or to injury to or destruction of umgible property (other twm'Ihe CVork itselt),'including the loss of use resulting therefrom, and (6) is caused in whole or in part by any negligent act or umissi6ri of COS MACCOR, any Subcontractor, any Supplier, nm person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or iutycnc for wheat acts any of them may be liable; regudlcss ofwhether or noreaused in part byany negligence or ontissiun of person or entity indemnified hereunder or .whether liability, is imposed upon .such indernnitied party by Laws and Regulations regardless of the negligence of any such person or entity. 6.31 In, any and all claims against OWNER or I:aNGIINTER or any of their respective consultants, agent& ul'ftcers, directors or employees by 'any employee (or the survivor or persooal representative of such employee) of C'ONTfCACTOR anv Subcontractor. any Supplier, any Iv—mn or organization directly 6r indirectly emploryed by 17 ' 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. ' 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed ' advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER ' as having received the Bidding documents. 6.0 BID SECURITY ' 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute ' and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom ' OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid ' Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. ' 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be t substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. any of them to pertornm or tumish, any of the Work or anyonefor whose acts amv of them may be liable; the indemnification obligation under panigraph5.31 shall not 1r limitedd in any way by.any limitation on the amount or type of•damages compensmion or benefit payable by or fix COiVI'RACI'()R or any sucli Subcontractor, Supplier or other person or organization under workers' compensation acts, disability Ieretit acts or other employee benefit acts, 6.33. The indemnification obligations of CONTRACTOR undzrpaumTaph6al shall not extend to the liability OfEN ENGEER and ENGINE R's Cortaultants Officers, directors. employees or agents unused by the professional negligence, errors orommions of sny of them. Surnidal of OblisaHnns: 6.34. All represcrntations. indemnifications: warm mics andguaramecs made in. required by or given in uccordunce with'the Contract Documents, as well sc all continuing. Obligations indicated in the Contract Dpcumcrs, will. survive final payment,. completion andacceptance of the. Work and termination or completion of the AgreemeaL ARTfCLE 7--OTHER WORK Related Work err. ire: 7.1- OWNER may perform other work related to the. Protcv;t at the site by OIWNER's own forces, or let other dimet contracts thcrefor which, shall contain .General. Conditions similar to these, or have other work pertmnned by utility owners, if the fact that such Other work is to be p eriiaracd was not noted in the Contract Dnewncnt , then:. (i) written notice thereof will be,given to. CONTRACTOR price to starting any such other work and {d)CONTR\CTOR may make s eLnhn theref6r an linwided in Articles l I 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 Z2: CONTRACTOR shall atTard each other contractor wvh is a party to such a direct coraroct and each utility Owner (and bwNNER, it' OWNTER is performing the. additional work with OAWi ER's employees) proper and safe access -to the sue.and a reasonable opportunity for the inuuduction and'storage of materials and equipment and the execution of such other work and skull properly CUMeCt and cocudiraw the Work with theirs, Unless otherwise provided in the Contract Documents. CONTRACTOR shall do all cutung,'Qtting and pxdchir>'_ of the Work' that may be required to make its several Parts came together prop:rrly and integrate. with such tither work. CONTRACTOR shall not endanger any work of others by cutlet_. excavating or otherwise altering, their work and will only cut or alter their work with the written consent of LNGM-ER and the others whose work will be afTecud: The duties and.rspmnsibilities of CONTRACTOR under this paragraph are fur the benefit of such utility Owners and other contractors to the ement'thnt there are onmrnrable EXDC riENEUL CON1X'n CNS 619S 099U M iron IJ wlCTR" OF FORT COLUMMODIFICATIONS IREv-1t2000 provisions for the benefit of CON-MAC'TOR in -said direct contracts between OWNE-R and such utility -owners and other contractors. 7.3. If the proper execution or results of any part of CONCP ACTOR's WorIL depends upon work performed by others under this Article 7. CONTRACTOR shall ilnbpect. such other work and promptly repot to LNG rfN-ECR in writing any delays, defects or deficiencies in such other werk,that render it unavailable or unsuitable for the proper execution and results of CON CRACTOR's Work. CONTT2ACTOR's failure so to report will constitute an.aceeptance of such other wank as fit and proper for inteu'ation with CONTRACTOPis Work except for latent or nortaplareardefects and'deticiene�zs in such other lvork. Coorr6aation: 7-4. If OWNER contracts. with others' for the performance of otter work on the Project at the site: the following will he set forth inSupplcrucmmry Conditions:- 7.t1. the person, firm or corporation who will ha4c authority and responsihility far coordination of the activities among'thc various prime COnuactom will be identified; 7-4.2. the specific matters to be covered by such authority and responsibility will be itemized; and 7.43. the extent of such oudnorivv and responsibilities will be provided. Unless otherwise provided in the Supplementary Condition, OWNTER shall have sole authority and responsibility in respect of suchcooniinarion. ARTICLE g-O\Vr`ER'S RESPOYSRBLLRTLGS. 8.1. Except as otherwise provided in these General Conditions, OWN -HP, shallissue all. communications to CO`'l Pv\(-TOR through ENGINEER. 8:2. Tn case of termination of the. anployment of ENGINEER OWNER shall appoint an •engineer against whim_ C�1�'I�R-1<_TOR—nmal;c:-no-rertsormblr-ubjei;t ion: whimsy: status under the•Contracr Documents shall'ba that of the former ENGID7EER- 8.3. OW?iER small_ furnish the data required of OWNER under to Contract Documents promptly and shall make payinens 1c,C0NTR\CTOR promptly when the:v are due as provided in paragraphs 14.4.and 14.13. 8.4, OUNRR's duties in respect of providing lands and cascmms and providing enginerr-rmg surveys to establish reference -points are set forth in paragraphs 4.1 and 4.4. Rhuragraph4.2 refers to OWlER's identifying and making available to COi�TRACTOR mpics, of reports of explorations and tests. of subsurface eorxlmons at the site and dmwfni?A of physical conditions in existing. structures at or contiguous to the site that Eve Ixen utilised by ENG CNTEER Fa preparing the Contract Do ;unitnts: .mac nl4'4'FP'S rcaT�tnsibdittts to rc�lrst-oF-purt�iasvw__ aerie-tttaiatxtRtn�l;.Mitt+-�tnd-gr<iprrty-tnsurattce-aie-a4 forth•irrpRmgraphv3�through.4; lri, 8.6. OW NIER is obligated to execute Change Orders as indicated in peragrapi' 15.4, 3.7. OWi\FER's rtgponsibility in respect of certain inspections, tests and approvals is set forth in paragraph I3A. 8.3. In connection with QLWi RR's right to stop Work or suspend Work, see;raragmphs 1j.1(I and 15.1. paragraph I5:'_ deuls _.with OWNF,R's right to terminate services of`CONr RACTOR under ccrtain'c'ircumstances. 3,9; The OWN114A shall not supervise; direct or have control or authority over, nor be responsible for. CONE AC.rOR's means, methtttt. techniques, seas or procedures of construction or the safety precautions and programsincident thereto, or for any failure of C(*TRACT(-)K to comply- with I alvs and Regulations applicable to•tM;,fumiahing or'perlonrmnee ofthe Work. OWNHP will not be responsible far CCINCRAC'I.OR's Failure to perform or Furnish the Work in accordance with the. Contract Documents. 9.10. sl,.strefts-raspattsihilit}-in-rasps<Eo�undiselcxed -Asbesto�,—IB=Bs-f��v4>IauAi—FI... -',,,�—!' aste_01, Radiceetwrkfnterials-urter vrred-t F-6n Baled-At-ihr-siw-is - ._-.._...�.:.nrish COFFFfL�.�l R--seasrtaartalz—avnkrwa--tkwt—ffeirneetl . fitrangrmants-Iwve-Exert-mndr-to--sate fV=ONtiE•Ct's ebligmierts--umfei-threm,Qae ra;tvnsibitity-yl-ns}xet-thereu will-ba-its-,el-fonh-in-the SilppkmenLa r= (,OflthF 1e1L5; ARTICLF 9-F`iGI.NFF,R'S STATUS DURING CONSTRUCTION O WNER's Representative.' 4.L ENGIINT-ER will be 1 V)NI'ER's reprr`emntiwe: during the construction period. The duties and respunsibi heirs and the limitations of authority of L GMTR as OWNER's rcpreseNalive' during construction are set forth in the Contract• Documents and shall not be_ extended without written consent of OWNER arnl'L'NUIN)ECL 1,16i& to .Site. 9._: 'F.NiGLVEER will make visits to the site at intervoL't appropriate to the various .stages of construction as ENGRKEER deems ncces;ary m order to observe as an experienced and qualified dr_sigi professional the prognass. U(UCIANERAL CONDMO:` i t9 Q1 (199i1Editicoi Wt C1 rY OFFOR'r C'OLLIKS\IODHAC I710N.5 tREV12a011) that has been made and the quitlitV of the various aspects of CONrRACTOR's eeecuicd Work: Eased on information obtaincd.durine such visits' and obsrvaliens. ENORNMER w ll endenvor'lor the berielli of OWNER to determine:.•in geicral-'if. to Work is procreding.in Accordance with th Contract Documents. EN(jbNhRR will not be required'to make exhaustive or continuous on- siteutspcetions to check' -die quality- or quantity of the Work. ENGD\-EER:s etrons- (611 be directed toward providing for OWNER it greater deulee of conlidencc tot the. completed Work will conform gencrally t9 the Cuntia'a Duc-uments (in' 'the basis of such visits and on - site obscnmticns, ENGINEER. will keep OWNER informed of the progressof the Work and will endeavor to guard OWNER against deferive Work: I:'NGINEER's visits and on -site ohuryatiortc are subject to all the limitatioris on ENGINEEWs authority and responsibility set forth in paragraph 9. Li; .arid particularly. but without limitation, during or as a result of ENG[NEER's on -site - visits, or observations of CONTRAcro ws Work ENGINEER will not supervise. direc. ccintrol or have authority over or he responsible for CONTPAGMRs means; niethacts; techniques, stquenccs or procedures of construction, or the s:qfcty precautions and programs incident thereto. orfor any failure of CONTRACTOR m comply with Lam :and' Regulatictis applicable to the furnishing or performance of the Work. Project Represenmtive:: 9.3. If OWNER and FANGLN6'F.'R agree, F,NGINIiER will furnish a Resident ,Project Representative to ossist EN'GNEER in providing Moro con unuous observation of tie Work The responsibilitics and .authority and limitations thereon of any such Resident .Project Representative and assistants will be is. provided in pamgraphs9.3 and •9.13• and -in -the Supplementary Conditions of these General: Conditions. It OWNER designates .another representative or agent to represent C)W'NER ai the site who is not. ENIGC\sEERs Cotuultant, agent or emplijyce; the resNasibilides and authorir• and limitations thereon of such other- person will be as provided in the ,--Mlent entave-�aadit»re Mrag-aph_93, of these General Conditions. If the FN(irt T..F.R tumishes a Resi,Lent Proya:t`Reme�mttai va RJR) o o rr nvrswnvs ,or if the OWNER. desipates a RtTreseLiuhtive or uent,-ill as provided in traramph 9.3 of the General CoWitianc these Representatives shall have,the audiority_ .and limitations asprovided in EnlragmRh 2.13 of the General Conditions grid shall be subject to the followim,: 9.3. I. The Representatives dealings in matters Nrtainimta.iheun-sitanvnrk wilL in general IeLwith the R1iGINEER and CONTRACTOR But the Representative will keen Lhe. OWNER vroperly advised about .such matters. The Rcrrg_esrnwtice's _dealings with subcontractors will only be through or with the 'full 15rrolvledgennd approval .0 to CONTRACTOR. 9.3.2. Duties and Rtstvnsibilitiest RepreenLalive will: 9_.2.I-Schedules Review the rorot.-�.cs 19 schedule and other schedules prepared br the CONTRACTOR and consult with the -F—NIGUNEE.R conemuria acceptability. 9.3.).' Conferences and `fmtine - Attend meednX w�idi the CONTRACTOR such as. pravwaruction_onterenxs.,progcss rpedkn5x andotter- iob .-conferences .and prepare and circiilak copies ot'mihiitt� tiC incetirt✓s, 9.-3-23. Liaison 9.3.23:1. Steve as. ENGNE[-'R'S liaison with CONTRACTOR, working principalty throueh CONTRAcrOR'S superintendent to assist the COig'TRACCOR in undcrstanciriu the Contract Doe zncnts 9.3.1.11, Assist in obtain -, front OWNER additional detaits. or information: when rcuuireJ.- Cor prvwr rxeeution of thc. R'ork., 93^.33. Advin: the FN?NEER and CONTRACTOR of .the commencement of anv . Work requiring a Shop Dmwine or samnle submission if the submissiowhas not b:rn at)Myed by the ENGNEER. 3;?.J.Reviety of tk -Lrk Reieciion of Defggtive. Work IRspecrions.u�d�i'esti- 9.3.2:4. t_ .Conduct on -site nbamations of the Work utvruzps to assist the ENGNEER in cLtcrmininp,_tivat,the lVnrV pcldin&A nceordgme wish the C-, n CL Dxmnents. 9«_4.3. Accampgr v visiting_i ispectors pr reesentutc public or -other aeencies'havmn , jiirisckcuon over the Proiee�.reeprd the results of these inspections and retrort to the ENG FNT. ER. 9.375. [merpreta[ton of Contract Dccummts.. Rem 'lti L•V'GLNEER .when clarifii.-tdorts.and inlerpielations of the Contract Documents are neededand tninuna to CO\rCR4CCOR elarifiwtion anJ inlerprotation of the Contract. Dccumt= as issued by the PI GNFER. 93.3.6: Sdod Gcati ns. Consider and ayalunte COi`ffP-4, rOWN mottestions- for -E1CDC OE\LR.AL CONIDMOM 19 tll-S (I V)u Eutipil. -tt wr❑TY 06 f'ORT L''OLLCS\tOUIF(CA'flONS 9ttL%'-1i2000) 'nkxlifiattibn in Dmwim: or Specifications and report.. the rz ommenchitiuns to. ENTGNEER- accurately transmit to CONTRACTOR decisions issued by the O ONEER 9.3:2.7. Records. 9_i3`5.1. Punish Ei`1—'EER_yxriodic repass, as refit fired, of the or re2 . of the W L :utd of the CONTRACTORS compJinnce' tiit - tht pttmrtss xIL-dule alid schedule of shop Drpwin- and sample submi[tats. wiy[ZZ Gi�ILL_ tin 'ldvancey of schedu[ing major teets, htsnactioris Of start of inicoriant ptcues of th Work. -9-31U, Draft proposed Clnnce Orders and WorO Directiv Changes,_ IL-- backup matmal Gom the CO\''CRAGTOR .and .recommend tb LNGNEFR. Change Order-, Work Dtre tine C'.funues and fie[d orders 93254 Rcpon immecliately to E�tNGIN'=— and' UCVt°ER the cmirrence of tiny acciJcnt. 9.3.19. Payment RcuueSts Rcvimi' [ipplications Car fnyment with a-wMACTOR for complisna; u6th the- established procedure t'or their submission and•torward widi recommmndation to C�i GL\TEGR notin_ oanietilarly the relationship the RMTnent recpieited to the schedule of value. work completed and materialsand eciuiument. delivered :atthe site but not incorporated in the ' Work: 9.311 Com pktiirt W f1-1 before L'TiGINE•ER issues a ' Certificate of Subsumnnl Completion submit to CONTRACTOR it list of observed items: requiring correclionereamplelion. 9.3 _.1 O:2: Conduct final inspection in the 1 compariv of the FNGUNTHER OWNER -and cONTlt4CfOR and oremm a final -list of items to be corrected or completed. 91.110:3. 'Observe that all items on the final list havc:bccn correctcd or completed and make rccommcni1tions to EN'GINEFR concerning acceptance: 9.33. Limitation or Authorinc 'rhe Rcyresentative shall not: 933:1. Authorize anvn deviations tioimi the Contract FXxtunents, or .accent- anv substitute materials or icpiipment� unlus autitorizcd by the ' F\GHN'M}.R: 93.3:2. Fscced. limitations. oi..ENGINcER'S authoritv.as set Forth in the Contract Documents. 9-3-3-3- Undertake anv of tl><: resnonsthilihes of the CONTRACTOR Subcontractors. or ' COVTF�A=Q S.su m�erintendent. • 9.3.3.4. .Advise on. or issue directions.relative W ur assume control over anv act of the. means• methods teehrueL seatucnee.9. or ' p[oCaktc, .foL construetwn unless such Ls cifically called for in the Contract Documents. 9-33.5. Advise tin or issue. directions regardttlg rx assume erontrol over safety ' precautions anLI }iron ams in connections with the. Work. 1 3.6. A_ccepl Shop Dr w nes_or _sample submittals Frain anvorme 'other than the, ' CONrFRACTOR 9.3.3.7. .Authorize OWNER to occupy _ the Work in whole or in part. r)3.9.S. participate in specialized fieldor laboratory tests or inspections conducted by others CxHept, is s :ificalIv authorized by the EINIGINCER. Clarifications and lntupieratiuns: 9.4. ENGINEER will issue, with reasonable promptness such written clarifications. or interpietatigns Of the. ' rJcfOC UHNtiGV:,CONDITl04� 19 f (1 Y LI'19a EuSliall .Vi Q'IY OF FORT COLLI NS NUDDIFIC A [IONS (REV .t2001)) 1 F l t✓ retluirements of the Contract: Documents (in the form of Drawings or otherwise) as.E\TGr\=, may deternine necessary whichshall be consistentwith the intent of -arid reasonably inferable from the. Contract Documents: Such written clatifiuttions and interpietatituts will be binding on OIViAR and CO.siTRACTOR. If Ott�IFR or CONTRACTOR believes �iha6 a written clarification or interpretation justifiusanadjusanent in the Contract Price or the Contract Times and the partiesareunable to agree to the amount or.extent thereof. if any. OWNER or CONTRACTOR may mtdce it written claim therefor its provided in Article If or Article 12. Authorized ,Var(a6onsin Wvrk.- 9.5. HN INEF.R may authorize minor variations in the Work from the -requirements of the Contract Documents. which do not'involvc an adq'ustmcnt in the. Contract Price or the Contract Tines and are compatible with thedesign concept ,of the completed' Project as a functioning whplcr as indicated by the Contract Documents. 'these may be,accomplished hyn Field Order and will he binding on OWNER -and also on CONrF.RACTOk who shall perform .the Work involved promptlt IfOWINMRorC(Wriz;\m- lzbe.hcvesthata Fieldorderlusfifies an adjusmment in the d ontrict Price or the Coritner Timcs and,the pa roes arc unable to agree as to the amount or extent Uicrcol; OWNER or CONTRACTOR inay make a wrinen•clainl therefor as provided in Article.I I dr 1'2. Rejecting Defecln•e 16brfr.: 9.6. F.NGINFRR will have, authority to disapprove or. reject Work Which' FIfGWFF.R believes io be &fective, or that E\TG ri\TE•ER believes will not produce a completed project that conforms to the Contract Documcriu or that will prejudice_the integrity of the design concept of the complee'd Projcct, us a.lunctaoning Whole is indicoted by the Contract Documents.. ENGINEER will also have: authorityto require special inspection or restiri• of the Work as provided in paricrup_h 13.9,,wlicther or not the Work' is fabricated, installed or completed. Shop Drawijt ys. Cliange Ordeiv and Paymears 9.7. rh cotmection with GITGINEER's atittwrity as to Shop Drawings and'Samples, see paragmplas 624 through 6.28. inclu*e. 9.S. In. connection. with ENi TGMER's authority tis to Chum 4e Orders, secArticles I U. 11. and 12: 99, In connection with ENMNEFR's authority as to, Applic:ationsTor Payment,, see Article 14. Determinatimrs fur OriiLPricetii 9.10. ENGINEER willdetermine the actual. quantities and classilianions of Unit Pritie Work perfommed' by CONMNCTOR. ENGLNEFR will. review with CONTR4Cl'OR the ENiHNFF.R's `preliminary determinations On Stich matters before rcnderin, a.wriacri decision thereon (by reeominetidauon or an Application for payment or otherwise), ENG iN=- 's: written decision thereon willbe final, and binding upon OWNER and CO\rrR-ICTOR unless. within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGfNEFR wriam notice- of intention to appeal Boni ENGtNFQR's decision and-- (i) m appeal from CNIGM-ER's decision is taken within the time limits and in accordance with the procedures set torth in Exhibit GC -A, "Dispute Resolution Agreemcnt', entered into between OWNER and CONTRAC'roR pursuant to Article lv or (ii) if no.such :Dispute Resolution Agreement. has been en'terca inia; a 'farmal proceeding is irulituted by he appealing party • in a.forum of competent jurisdiction to axcresc such rights or remedies as the appeaingperty may have with respect to E;NCiiNFFR's decision-, unless othenvi-se. agreed in writing by �OIWGR and COPrt-RACfOR Such appeal will not k subject to the: prowcdures of paragraph 9.11. Decisions on nivpute 9.11, ENGfYEFR will he they initial- interpreter or the requirements of the Contract Dccuiric na; and judge of the accepwbility 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 famishing of the Work and claims under Articles i I and 12111 n_•gx:ct of charges; in the Contract Price or Contract Time; will be referred initially to FN rl,\fF R' in writing with a request for a hornierl decision in accordance with this. paragraph. Written notice or caeh.such claim, dispute or other matter will be delivered by the claimmnt to ENGUEER and the other pate to the Agrccment promptly (hut in. no event Liter than piny day y after the start or the occurrence or event giving rise thereto, and written supporting datawill is sut3mitwd to FNGINFER and the other party within sixty days after the start of such occurrence or, event unless G�iGL\DEER allows an additional period of time for they submission of additional or more accurate dour in support of such claati- dispute or other maw. Theopposmg perm shall submit any response to LINGCNT:ER and the claimant within thirty days after receipt of'the claimant's IaSL s-ahmival (unless F,NGiNFF..R allowsadditiaal time). EiGN EE•R will render n formal decision in writing within diirtvdays after receipt of the opposing parry'k submittal, if any. in accomlance *with this paragraph. " ENG=V R:s writtendecisionon such claim, dispute-or,other matter will be final and birttling upon OWNER and CONTRACTOR unless. (i) an appeal from EINGUNFIT- !s decision is taken within the time limits and in accordance with the procedures set forth in E.\HLE3rr .GC :4 "Dispute, Resolution _Agreement"', entered into belweeR O WNER and CONTR.-,CTOR pursuant to :article 16, or (ii) if no such .Dispute Resolution Agreementhas been entered into:. a written notice of intention toappeal from L•NGNEER's 'written decision is delivered by OWNER or CONTRACTOR to the other and to L-NIGLuTER. within thirty- days after the date of Such decision and.a L=al procceding'is instituted by the .aippca linL party in a font of competent jurisdiction to exercise such rights or remedies as the aprxalins party may have with respect to such claim.. dispute or other matter in accordance with applicable Laws. and .Regulations within si.iIy days or the date of sueh -F7C'000EN6-4,CONUMOM I9N-S 099U&fitip0 w!CI YO1; FORT CUI MNi MObIFIC41'IONS I RLA'a/?OWN decision_. unless other%vise agreed in writing by QWNT:T2 anti CONTRACTOR 9.11 When functioning as interpreter and judge Under paragraphs9.10 and 9AL &\GDti= will not show Miality to OWNER or. CON CRAUFQR and yvill not Le liable in connection with arty 'interpretation or. decision tendered in good t ai(hin such capacity. The, rendering of a decision by E.NGL\TEEt pursuant to paraura'phs 9.11) or 9. t l with .respect to any such claim: dispute or other matter(emepl any whichhavz bgen waived by the•makiiag or acceptance of final payment as providedin paragmph 14.15) will be a condition precedent to any exercise by OWNER ER or COLN rELACTORofsuch -rights or remedies as either may othenvire have under the -Contract pocuincnts or by Laws or .Regulations in respect of any such claim, dispute or other maltCfpuESllanl tE iiHEie-f�. 9.13. Cunitationy on ENGiNEER's Authutitr . find' ifevpnnii6ifliicy_ � - .. 9, 13, 1. Neither-INGINFER's authority or responsibility. under digs Article 4. or under any other prpvtsion of the'C Lentmct thcumcnts nor any decision made by FNGINH ER in good faith either to axerci.c or not exercise such authority or respcmaihility or the undertaking, ezcici-sc or performance of any auth6rity or responsibility by FNGNEER shall creatc, impose or give rise M any )Iiny owed by IRNGI.IEER to CONTRACTOR, any Subco.ntmctor, arry Supplier, any other person or organization, or.to.anv surety for or employee or agent of any of then, 9,13.1: FNrGfNIFER will not supervise; direct, control or have authority over or be responsible for CONTRACTOR'.s means. methods, techniques, sequences or procedures of constiuction, or the suety precautions anal -pro_.. ms incident thereto. or for any faililre of CONT'RAUIOR to compty with. Laws. and Rcgulatioiiss applicableto the furnishing or perfomiance of the Work ENQNEER will not be responsible for CON R-ACTOR's failure to perform or hnnush the Work in accordance with the Contract Documents- 9.13.3. ENGDNEED: will not be responsible for the acts of omissions or CONTILICTOR iK of .any. Subcontractor, any Supplier; or of any other person or ur;�anizsition performing' pr Furnishing .any of the Work 9.13.4. ENGINEER's review of the final PWicatipn for payment and accompanying documentation and all mainterwivEc,and operating instructions,. schedules, gu ntntces,. Bunds and certificates or inspection, tests and approvals and other documentation required to be delivered by paragraph 14:1'_, will only be to determine gancmdly that their contentcomplies with the requircnicias oC, and in the case of certificates of inspections, tests and approvals that the results - certiried indicate compliance with. the Contract Documents. 9.IiS. The - limitations. upon authority and I 1 responsibility set forth in this paragraph 9.13 shitll also apply to LNGD ER's Cinam1fants„ Resident .Project. Rcpresrntativc and assisutnts,. .UTI'ICLE 10-CEG4VGFS INTNE: WQRK 10.1. Without invalidating the Agreement and without notice. to.riny surety, -DINNER nitay, rtt any time or Cront. time to time, order additions. deletions or revisions in the Work Such additions, deletionsor revisions will, be: authorizedbv a Written Amendment, a Char,=e Order. or :t Work Charge Directive, Upon receipt of any .such document, COMRACTOR shall prom tly Exocced with the Work involved which will be performed under the applicable conditions o f the Contract Documents (except as otherwise specifically. provided): 16.2. If OWNER and CON— ACTOR are unable to ;irree ns tothe witent, if any. of an "adjustment in the Contract Price or an adjustment.of the Contract Times dot should he allowed as a remit of s )York Charid Directive, a claim may tit made therefor r as provided -in Article I I or Article I:' 10:3. COiN7RACTOR shall riot be entitled to tut increase in the Contract Price cir an extension of the Continct'runes with respect to any Work performed that is not ngtrircd by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3..i and3.n, except at the sense of an emergency as provided in paragraph 6.n- or in the case of uncovering Work-. as, provided in paraamph 13 i)• 10.4. OWNER' aria CONTRACTOR' shall: c:.keoute appropriate Change Orders recommended by ENGUEER. (or Written Amendments) cuvcring:. 10:4.1. changes in the Work which are (i) oidered by OMR pursuant to paragraph 10.1. (u) required because of acceptance of ch?l ec ve Work under paragmph'l3:13 or correcting &fectrtc: Work under paragraph 13;14,.or Cut) agreed w by the parties-, U),4.3. changes in the•Contract Price tx Contract Times which are agreed to by the parties: and 10.4.1 clmn6es In the Contract Price or Contract Timcs which embody the substance of any written decision rendered by ENGLNEER pursuant to p, aragnph 9. t I;. provided that: in lieu of.enecuting any such Clvnnge.Order, an .appeal .may, be taken from :iny..sui:h decision in accordance with the provisions of the Contract Dothimrnls and applicable Laws. and Rcuulations, but during any such appeal. CONTR.4C'rOR .shall urrry on the Work and adhere to the prat=res; schedule to provided in paragraph 6.29_ 10J. If notice of any change affecting the general scope. of the Work or the provisions ofthe Contract Documents. F.tcncuEN1E*R-tt coNurnOm t nttj,3 ri p;o E titicni reelU FYor- FOR rCvittvatoutrC,tnoes(RU4rzmaq (including, but. not limited to. Contract Price or Content Times). is required by the provisions ofany Bond to be given to a surety, the. giving of any such notice will be CONTRACTOR's responsibility: and the amuunt of each upplicable Bond willbeadjusted accordingly, AR'rICLF, 11—CHANGEOFCONTRACT PRICF. iLh The Contract Price constitutes the total congncnsatton ('subject to authorized adjustments) payable. to CONTiLV=TORfor pe'rConning the Work. :W duties, responsibilities and ohligntiore &&signed to of undertaken by CON t RAC FOR shift ben cots[ RACTows expense without change in the Contract Pace. 11.1 Tfic Contract fries may only'bc changed by a t".hange Order or by a Written Amendment Any claim for an adjustment in the Contra Price ;hall he Ixised on write n notice delivered by de la:rrty making the claim to die other party and to ENGINIZR promptly (tilt in no event later than thirty days) after the strait of •the odcurret ice or event my ing. rise to the claim and -taring the general ruaniretit the cipirn, Notice of ttie amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless I- GfYF.Ek allows:addition:tl time for claimant to submit additional or more accurate data in supper of the claim) and shall be accompimiedd by claimant's writer statement that the adjustment claimed covets all known nmeunLS to which the claimant is entitled its a result of said occurrence or 'event All claims for adjustment in the Contract Priceshalt be determined by PgG11NMER in accordance with paragaiph9lld OWNFER and .wKrRAC'TOR. cannot, otherwise agree an the amount involved No claan for an adjustment in the. Contract Price will be valid if not submitted in accordance with this paraerdph 111 113. The -value of any Work covered. by a Change Order or ofany.claim for ern adjustment in the,Conuact Pricewillbe detemuned us follows:. 11.3.1. where the. Work involved is covered by unit prices contained in the Contract Documents, by application of such unitprices to the quantities of the items involved (subject to the provisions of '3 paragraphs l LRC throue_,h I t.9�: un usivz); I l.i'_. where the Work involved is not covered,.by unit prices contained in the Contract Documents, by a mutually agreed payment basis including lump sun (which may include an_nllbunnce for overhead and profitnot necessarily 'in accordance with 11.13, where the Work involved is not covered by unit prices contained in the Contract Documents'. and. agreement to a lump sum is not reachrd ' under paragraph 11 .3.2. on the basis of the Cost of the Work. (deternimed.as provided in paragraphs 11.4,anl I1.5j Plus a CONTRACI'OR's fee for overhead nod profit (dctcgmned as providcd.in 1mragrat h 11,61 Cosa ojdfe Ivo" k. 114. The term Gast of dmc Work means the sum of.11l� costs necessarily incurred and paid by COVTCRACTOR' in the proper perPermance-of the Work. Except as otherwise may h: agreed to in wTiting by OWNER, such cmisshall, be in amounts no higher than tho4 prevailing in'rhe locality of the Project, shall include only the following treat% and' droll not indudc any of the costs itemicd in paragraph I1S: ICAa_Payroll costs for employees in the direct. employ of COVTRAC:TOR in the performance ofthe Work, under schedules of job classifications agreed upon- by OWNER and CONTRACTOR. Such cmployeds shall include without limitation. superintendents, foremen and other personnel employed' full-time at the site. Payroll costs tar enipkiyees not employed full-timeon the Work sh'alf 'tie apportioncd oil the lztsis of tticir time'spentan the %VorL Payroll cents shall .imeludl, but not be limited to, salaries and waees plus die uta. of Fringe benefits' which shall include social security• cokibutions,. uneimplopment excise and .payroll takes,. workers' compervcttion health andreuremem benefits: bonuses;. �wlt4ayy-pw applicable thereto. The espenses of perfonning. Work after regular working hovers, on Samrdtty. Sunday or, legal holidays. shall ba included in the above to the extent authoriud by 0WNER. 11.4.2. Cent of all materials and equipment furnished and incorporated in the WorL including tests, of transportation and storage thereof, and Suppliers Geld services required in connection therewith All cash discounts shall, accrete to CONfRACT02 undess OWNER deposits tands; with CONTRACTOR with which to make payments, in which tsetse the cash discoums shall accrue to OWNCR Alt trade discounts.-rebatesand refunds and returns from sale of surplus materials and equipment shall accrete to Ol1NER: and coxi' AC:TORshall make provisions so that then may be obtained 1.1.4.3. Nymcom made by CONTRACTOR to the Subcontractors for Work performed or famished by Subeontmaors If required by OIVNER, UC',DCOENLP LL CONDITMINi 191" (L/Vo E660R) -4 WfCTY 0I+FORT COLLIM MCOLFICA110N5 IRL•l"41000) CONMM—,COR shall obtain competitive bids front Subcontractors acceptable to OINWIM anti CONTRACTOR and shall deliver such bids to OWNER tvho will then determine, with the advice of E1GL\EER which.bids. if any, will be accepted. If any subcontract �±rovides that the subcontractor is to be"paid on the basis of Cost ofthe Work plus a'fee, the Subcontrtctot's Cost of the Work artd fee shall be determined in thesamemanner as CONTRACTOWs Cost of the Work arks fee- as provided in. parriaaphp l l 4, It,-;, 11.6 aril 117 All subeantrads shall.Ee subject to the" atltru provisions of the Contract Documents insotar as applicable. 11AA Costs of special consul mnts'(includinsr but not limited to engineers, architects, testing laboratories, surveyurs. attorneys and uccountantsl employed for services specifically related to 4he. Work.. 11:4:5. SupplementxLcusts irtiluding tie following; 11.4.5.1. The proportion, of ncccssary .transportn atiotravel and subsistence esTmses of CONTRAf:TOR's employees incorrect in discharge 6fdupes'connected with the Work, 11.4.5.2. Cast, including transpotottion .and maintenance. of all materials, supplies, equipment, machinery, appliances, office- and temporary facilities atthe.stm and hand tools not owned by thewnrkers. ivIlkh.are consumed in the porfonnance of the Work, and cort .Ims, market Value ofsuch items used but mat eoansumed which remain the propery.oFCON'"fTRACTOR, 1 1.4.5.3. Rtmizils of all construction .equipment and machinery and the parts thereof whether renled'lrom' C01 TR_\C TOR or others in accordance "with rental, agreemems approved by OWNERwith the advice:of,FMGMER and_the costs of transportation, loading, unloading, itutallation.,distnantline and removal thereof —all inaccordance with t_unim of said rental agreements.. The rental of any -such equipment_ machinery or parts shall cease "when the use thereof is no Lenger necessary for the Work. 1 L4.5,4. Sales consumer, use at similartaxes related to the Work, and. for which CONTRACTOR L% liable, imposed by Laws and 'Regulations. L1.4.5.5. Depusits lost for causes other than negligence of CONTRACTOR any, Subcontractor or tmyene directly or indirectly employed by tiny of them or for whose acts any of them may be liable: and royalty paymrents and fees tar permits and licenses. 11.4.5.6. Losses and damages (and related cepcnss<sl caused by damage to the Work,, not compensated by innuanceor otherwise. st atatned by (::0oF"YRACTOR in. conneerion with the I 1 ' perfortnance and furnishing of die Work'(except lasses tmd damages within the deductible amounts. of proppecrty= insurance established by OWNER in accorlancz with paramph59); provided they have resulted' .from causes. other thanthe negligencc pf CO Nf RAC1'OR- 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 they written -consent and approval of Ol4NGR No such kisses, damages. and expenses shall be included in the Cost of Work for the purpis,: of determining CONTRACTOR's fee. 11. however. any such loss ' or daninge requrr_s reconstruction and CONTRACTOR is placed In charge thereof, co^rTRACTOR shall be paid for services n lee proportionate to timt stared in pamcTnph 11.6:2. ' 1 14.5:7. The crust of utilitim fuel and sanitary' • facilities at thcsite. IIA.S.S, Minor ckpenses such as rleertms,. long distance telephone culls; telephone service at ' the me, c.Npressagc and similar petty rash items in connection -with the Work.. 11.4.59. Cost ofpremiumsfor additianal.Bonds and insurance required because of. changes 'In the Work. 1 I.S. Me term Cost of the Work.shalf not. include any of the following: 11.53a payroll costs and ptfier compeitsatiow of COYMACTOR's ofticYrs, rxtcutiye.s, prmci&i (of furtnership and.sule proprietorships), gencrd.mandgis, engineers, architects, estimators, attorneys, auditors., accountants. purchasing and contracting [dents:, c�pcditcrs, timckeepers, clerks and other personnel. employed by CONTRACTOR )Whether at the. site of in CONTTWCTOR's principal or a branch office fur general administration of the Work and not specifically included in the agreed upon schedule of jab classifications referred to in paragraph 11.4.1 or specifieath covered by paragraph I 1 4.4 :all of which are to lx unsidered ai4nimsuitive costs covered by the- CONTRACTOR's fee. 1 L,5,2: Expanses of CONTRACTOR's principal and ' branch offices other than'eoN%kCT0R-; ofLce aL the'site. 11,5.3 Any part of CONTRACTORS carpitil expenses including interest an CONTRACTORS ' capital employed) for the Work and charges rgainst COrs1TRACTOR.for,delinquent payments. LL5.4 Cost of premiums for 111 funds and for till- insuram a whether. or not CONTRACTOR Is rugnued , by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph L L 4.5:9 above). f:.tC�UCtnENF7t,1L,CONUla7 G�.x 1 �+I thY I I MJII E:ihliuii 'e't CITY OFFUa'r COLLIhi AfOU1RICaT10\S tltLl' rROuli! I1.5,5, Castsclue to the. negligence of CONTRACTOR. any 'Suhcontnnctor. or anyone. directly or indirectly,emplpyed by any of themor for whose acts any' of them may be liable, including but not limited to, the conecuon of zkj-ctna Work disposal of inaterinlsor equipment wrongly supplied and making guud'any damage to praperty. 1h5.6. Other overhead or gercral expense costs of any kind and the costs of any-itcminot specifically and expressly included in paragraph'I 1'.4_ I f.6.. The coma ICTOR's fee allowed to CONTRACTOR t'oi Overhead and profit shall be determined as. follows: 11 6. L a mutually acceptable fined fee, or. t [.6:2; if a Exed fee is not agreed upon then a fee hosed on the follo%iin¢ percentages of the various portions of the Cost of the %Vvrk: 11,0.2.1. for costs. incurred under Ixuagmphe I,l A.l and 11:4:l, the CO\rl ;h.4CTOR :s ree *;d l he unseen percent. 11.6:2: I'or casts incurred under paragraph 11.4.3, the CONI PR %CTOR's fceshill be five perccnr, ll.b2..i_ where one or ntere seers of subcontracts arc on the basis of Cast of the Work plus a fee and no Exed Re isagreedupon. the intent of.panigm s. IIA:1, IL4.2, 11.4,3.and I t16,2 is that the Subcontractor who actually performs or furnishes die Work, at whatever, tier. tvdl he paid a fee of filleen percent of the casLs incurred by such Subcontractor under paragraphs 11.4.1 and 11,.4.2anal that any higher tier Subcontractor and COilrTEL\CTOR will each. be paid a fez gf�fteapzrcertt-vf-the.-amount-piiel-ta the nett lnwzr-Eie� Subeantraetur to be ne *otL laced in_gr faith with the \Wi f72 but not to exceed live percent of the amount paid to die neet lox tier Subcontra cror. 11.6:2.4., no fez shall be payable on the basis of costs itemized under paragraphs I IAA 11.41 and 11.5: t L(i2 is the amotmt of Lredit to be.. allowed by.. CONTPLAC'TOR to OWNER for any,clwnge which results'in a net decrease in cost will he the amount of the actual net decrease in cost plus a deduction in CONTR CTOR's tee by an aanount equal to five percent of suclirict. dea"W: and 11.6,16, when both addiiions and credits are involved in uny- one clrange, she at! ustmcnt in CONTR\CTORs f5e shall be campukd on the basis of the net thane in accordance with pam¢mphs I I.6.2.1 through 1I.625; inclusive. I lal. Whenever the cost of any Work. is to be 1i 1 I determined_ pursuant to paragraphs 11.4 and 11.5- CONTRACTOR will establish- and maintain records co thereof in acrdance with generally sieccpted accounting practices and submit in form acccptable,to GNGINE.TR an itemized cost breakdown tticethei with supporting data: i'a Vh AIIMvUIIeeS:' I I.S. it is tinder," that CONTR:VOTOR.has included in the Contract Price all, allowances so named in the Contract DocumeriLs and shall cause the. Work: so cmenkl• to be furnished and perfarted' for such sums sa may 6e accentable to OWNER and ENGINEER. CONTRACTOR. agrees that:, 11,3:1. the allowances include the cost :to CONfFLACI'OR (less any appb abic trade discounts) of,matcials and cqulprmcnt required by the allowances to be delivered at the site..andall applicable taxes: and I LS:_. CO\TRACTOR's casts for unluriding and handling on the sire, labor. installation costs, overhead;, profit. and ,other expenses contcmp1mcid .for the alloieances•have lien included in the Contract Price and nor in the allo wnrims. and no demand for additional paymenvon account of -any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by Flr(ili`fEFR to•rellect actual amounts due CONl'RACfOR on account of Work covered by alltn`anecs, and the Conract Price shall Tic correspondingly adjusted. 11.9. Unit Price :Fork' 11.9.1, Where the Contract Documents provide, that all or part. of the Work is to b � Unit Price Work, initially the Contract. Brice will be deemed to include. lot:all Unit Prim -Work an itntount equal to the sutra of the established unit prices for each separately identified item of Unit Prim Work times the estimated quantity of each item m indicated in the Agreement The - estimated quantities of items of Unit Price Workare not euarnmeed and are solely forr the purpose of comparison ofBids; anal determining an initial Contract Price.. Deteriimlions of the actual' quaraities :tad classlrcations of Unit Price: Work, perforated by C:ONCRACTOR will be made by NGII\T6R in accordance with paragraph 9.10 11,9:2. Each unit price will be deemed to include an amount' considered by CONTRACTOR to be.adequzue. to cover CONCRACTOWs overhead and profit for each separately identified item. 11.9.3-OWNER or CONTRACTOR may make a. claim for an adjusunem in the CLr mct Price .in awordancewith aticle I it: 1 19;3.1. the quantity of tiny item. of Unit Price Work performed by CON'rRAC:rOK difTeim materially and significantly fromthe estimated quantity Of such item indicated in the Agreenienr, ,� WCDCOENMI1, CONDlTOM 19@A r1990136tinil, w%CT[Y OF FORT COLLI M MODlf•ICATIONS MLV a i' 0001 and 119.12: there is no corresponding adjustment with.respect,to any other item of Work: and 1.19.3.1 if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Cyramct Price as a result of having incurred additional experisc or. OWNIER' Mievcs that OWNER is entitled to a decrease in Contract Price and the partiesare untible, to agree as to the amount of any suite increaseor let.Tease. 119:3A CONTRACTOR acknowledges that the OWNER has the right to add or delete items in the Rid or change gmmities at OtyNER'S sok discretion without afTectinn the C'onttnce Price of any rem aininr�itcm so lone as. the delcunn or addition dues nor esecel'ncenty-live percent or the original total Contract Rice. AffrICLF. I2--CHXNGF. OF CON'rI2A.C•r TLN(FS 12. 1. The. Contract'finus Or Nlilcstoncs may only be changed by a Change. Carder or, it Written Anicridmcnt. :env claim for an adjustment of the Contract Times (or hliTestancs) shall be hascd on written notice delivered by .the party making the claim to than other party and to ENC.Rf;I:R promptly (but in no eventlater than thirty [lays) after the. occurrence_ oC the event giving risetothe claim and stating the general nature of the claim. Ntaice of the ement of the claim withsupporting data shall Im delivered within si:-ty days after such occurrence (unless. F.NG(NF,F.R allows additional time. to ascertain mitre accurate data in support of the. claim) and shall be accompanied by the claimant's written statement dart the adjustment clamed is the entire adjustment to -which the clatmaiu has reasoftio belieYe it is entitled as a resort of the occurrence of staid event: All claims for adjustment in the Contract Times (or NCilesiones) shall be determined by F-NUNFER in. accordance with ;pamgraph9.11 if OWNE2 and CONTRACTOR cannot otherwise agree. No claim for an adjustment. in the Contract Times (or �Crlcstories) will be valid if not submitted in accordance with the requirements ofthis.pararaph ] 2A. III -.NI thee limits started in the Contract Dekumerim are of the essence of the Agreement 123. Where CONTRACTOR is prevented front Completing any part of the Work w-idiin the Contract Times (or Nlilesutncs) due'lo delay beyond the control of CONTRACTOR, the Contract Times (or Milestoncs) will be extended in an amount e'elual to front lost clue to such delay if a claim is made therefor as provided in paragraph 111. Delays beyond the tonal of C_ONTRMHOR shall include, but not be limited to,. acts or ne lect by OWNER, acts or neglect of utility owners or other contractors performing other work. as contemplated by Article T. tires. tiaods rpidcmics.-abnormal weather conditions or gets. of i8ip. Delays attributable to and. I 1 I 1 I I within die control of a Subcontractor or Supplier shall be deemed to be delays within the control.of CONTR_ CTOR. 114. Where CON'TRACfOR is ,prevented front completing any put of the Work within the Contract Times (or .Milestones) due to delay licyond the control of both OIVNNER and CONTRACTOR. an extension of the ContractTimes (or Nfilcstones) in anamomhttqual to. the time lost due to such delay shall be CONMACCOR's sole, and exclusive remeth• for such delay. In no event shall OWNER be liable to CONTrCkCTOR, any Suhc,ontractor„ any Supplier. tiny other person or oruamYationt or to,anv surety for. or employee or. agent of any of them, for damages arisvta out oC or iesukins from ()delays caused h or within 'rhe control of the C C.),NTRAC'r0R_ _or (b) delays beyond the control of both pirtics including, but not limited to. Gres; floods. epidemtw abnormal weather conditions;. acts of God or acis.or neglect by utility owners or other contractors perform ing other work as contemplated by Article 7. 1 ' - ARTICLE u--r Fors \t\O INSPFCTIONS;, CORR ECRON. RKMOVAL OR :\CCu'r.\N(CI!, OF DE'r(!(.TlVrWORK. 13A, Natice,vfDeAds: Prompt notice-ofatl. efafectfve Work of which OWNERtir 6;NGINEER have actual knowledge will be, given to CONTRACTOR All df etira Work may be, rejected: eonocted or accepted as prrnvided.in this Article 13, ofccecsro Work: 13:2. OW-NER'ENGUE[IZ MJGLNELR's Consultants;. other representatives and personnel: of OWNER— mdcpondcntte_Ntfng laboratories and governmental agencies with jurisdictional interests will have aceesito the W orkat reasonable —tunes for their observation. irispectin and testing. CONTRACTOR shall provide them proper and safe conditionsfor such access .and advise them of <70NTRACTORs site safety procedures and programs so that they may comply dikiewith as applicable Tesisnnd /n.sptviion .-. 13.3. CONTRACTOR shall give CNGFNECR iimcly notate.of n.idiness of the Work Cor dl require(! inspections,. tests or approvals: and shall cooperate with inspection and testing personnef to Biciliiate raluired inspections or tests: 114. OWNER shall employ and pay for the. services of an independent testing -laboratory to perform all inspections_ tests, or aF+provats required by the Contract Documcrts.except:. - 13.4.1- for inspectio ns. tests or.approvals covered by paragraph 13.3 below[ 13.4.2, that costs incurred in connection with tests or insptctiors conducted pursuant to pamgraph 13.9 t•:n(')CUENtRAL CONUI'll Otwi N1" (eN)n Editiean aav Cn or rota mu.I, S -Ntotnr•ICanONSnu:v urouoi below :shall be paid as provided in said PI raeraph 119; and 13.4.3, as otherwise 's'pecifically provided in the Contract Documents. 13.5. -If Laws or Reg¢lations of any public body having jurudicoon requue any work (or part dhaeot) specifically .to be inspccted.. tested or approved by an employee. it other representative of such public body, eONTIt\CIOR shall assume full responsibility for atrang`utg. noel obtainingsuch inspections. tests or approvals, pay all'costs in connection therewith and runnish. ENGINEER. the required certificates of inspection, or .approval. COKURACTOh shall. alai bi responsible fior arranging and obtaining and shall pay all costs in connectipn.rvith any inspections,. Lists or approvals required For OWNER's and ErNGNEER's acceptance of materials or equipment to be incorperated.in tlic \York or of materials, mcc dcsitms. .or equipment submitted for approval prior to CONTRACTORS purchase thereof for incorporation in the Work. -I 3,6, If any Work (or the. work of others). that is to he ingxeled,._ tested or approved is covered, by CO\TR\t'TOR without written concurrence of ENGINEER', it must, if,requested by ENGINEER, be uncovered I'or observation: 13.7, Uncovering Work as provided in-pamgmph 13.6 shallbe at CONTRACTOWs ccpertse unless CONTRACTOR. has givcn`ENGINF:ER timely notice tit' CONTRACTOWs intention to cover 'the. sarne. and ENGI.NLER has not.actod with reasonable promptness in response to such notice, Yincovering Wgrki 13.,8• If any Work is covered contrary to the written request or ENGINEER it must, if .requested by^ L•NGLNEER'be uncovered For EINGCIEER's observation and rtplaced at C:ONTRACTOR's expense. 13.9, ICE'NGINHIZ considers itnecessary oradvisable that covered Work be observed by CNIGINEER or inspected or tested by others, CONTRACTOR, at E 7G fNEER's request. %hall uncover, c:rposz or otherwise make available for observation; inspectuin or testis`,. as ENUNEER may rcquire, that portion of die., Work in question- finishing all necessary labor, material and equipment- If it is �kmrtd that such Work is t4efecth`e. CO^FfRACTOR shall pay all claans, costs, lasses and damages.caused by, arising out of or resulting from'such uhcuverin_g.,esposure, observation, insp:ction and testing and of mtisl actury .replacement or reconstruction_ ('including but not Limited to all casts of repair or replaced icM of work of others); .and OWNER :shill be enlided to an -appropriate decrease in the Contract Price, and, if the parties are- unable. to ugrcc as to the amount thereof, may make a claim therefor e % provided - in Article 11. V,, .however, such Work. is not, found to be etzfactive, CONTRACTOR shall he allowed an increase in the Contact Rice or an e crision of the Contact Times (or Nlilesiones), or both, directly aaributahle to such 27