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HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - CONTRACT - BID - 7376 SKYWAY DRIVE TRANSFORT IMPROVEMENTS - GATEWAYI City of F6rt Cup%ifims Purchasing Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/Purchasing SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SKYWAY DRIVE TRANSFORT IMPROVEMENTS GATEWAY CENTER DRIVE TO SOUTH COLLEGE AVENUE BID NO. 7376 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS Skyway Drive Transfort Improvements Gateway Center Drive to South College Avenue 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. 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 COLLEGE AVENUE (STATE HIGHWAY 287): 1. Cross street traffic shall be maintained at all times unless authorized by the City in writing. 2. Construction or repair work will only be permitted on College Avenue between the hours of 9:OOam to 3:OOpm (except in the case of an emergency) for a lane closure of the southbound acceleration lane. 3. Two southbound travel lanes on College Avenue must be open at all times during the duration of the project. 4. Flagging will be required on College Avenue for all material delivery in accordance with City approved Traffic Control Plans. 5. The City will approve Traffic Control Plans for College Avenue. 6. The City will file for a Variance Permit through the Colorado Department of Transportation (CDOT) for approval of the Contractor to work on College Avenue. Pay Item Pay Unit Construction Zone Traffic Control Lump Sum Construction Zone Traffic Control JCS) Hours Construction Zone Traffic Control (Flagging) Hours Variable Message Boards Each/Day 30 Addendum 1 7376 Skyway Drive Transfort Improvements - Gateway Center to S. College Avenue Page 7 of 9 ' schc - jule and other. schedules nrerared In the CONTRACTOR. ' .rind' umuli -wish the -F-NGL%rEFR cbn&unacceptability. 9.3.2:= ' Confcrchces - and:. Meeting - Auen rneztirfg with the -'C0VTP-ACT0R' such as. txonAructibri- confuen is s . m -r! uLll gs, and oqwr - job -conferencesi and. prepare and circulate .co-DIi.tsormintitesofin",fi.nes. -9.3.2.11-- Sesde" w UNGINtER'S liaison with CONTRACTOR- woi{:iri� princimUv t}TougiH CONITRACTOWS aierinimdanr Lo l assistth&COINTRACTOR in undcrstafich 'the C6ntr=t Dounnents. AsvAifiobtakfimfi-brn.Q scidifibral �dcbiW- or .information: when rewirod-- for prpjxr:cxccu1iun of the. Work-.. -SER 773 Advik 'the ENRTN and CONTRACTOR of the commencement of inw Work- p6�iurmng -a Shop: Drawing or .-%affiplc'subm-tsi&h,irth,:suEmiksion�hai.-mt p ,.Rev-,e%v ilr w -_rk*- Reiegaoir of befegive: �3 4� Wmjq ImVecticns and Tests" 93.-i4.1 . - Xonaijet onsite obsemationq of -te.Work- iii pbCnM fo,imisf lflc� ENOWEER in detcrminitiq•'tliat inn. Work- ]stmocccdinein' accordance iiith.lh6 Contract Docufficnts ').43. Ac6ifnaJa6v Visit iftfz jftS ectom e.eprewntinq Dubbc*-,orf other a rtcbrd%hC TUMILS .Of'them insocclidris and rrport' to thc- E2NlGrNEER- 9.3-23: Ira I ermLation . 6F Contract ,5ccu�mcnia-RetoR :too- ENODTEIZ when 'clarificatiaiw and? inlirpretafiom Of the. Contract Dccurnmls• are "needed^ and- tM=IL Ito CONTRACTOR-cimifictfil n-aril interpretation of the 'Contract. Dmummm as issued. bvAht MqGDraR 9:3.16: i\,fodificaficins. Consider and evaluate CONURAGMRS sunzestiom for EkDG(3ENUL-\L CONMONS 1911)4,099Y E66011 wl aTY-61, FORT COUINS-MOMPICATIONS ftA'4Q0'J0) mod&aricn in Drawings or an eDort_t;�ew rLc6nimminions to ENGINEER Ace , tdy- tr=rnit -to; :CONTRACTORdecm issued bylhe2;GlNrM-Ft 93:2.7:Records 93-2 & I. FuatW ENgMMM--peno4jc r,the of the reports.'as retiredof,the Work and of ' the 'CONTF-ACTOKS Lmipjmhc—evSLl]:_th3_YSST 'schedu'iWild schedule- of -shoo: Drawing. md- sample Submittals ,9,3.2T2 Conslji wide EN91�\Tg ' adeance, or w'hedu ' - - tests• inswcuormor start, of important phases of the Work. 93.183. Draft prq�4:Chirfge Orders and Work Dirg�tivt-. Changer otitamin batkuy material from the, CONTF-ACTUR :and mcommend -to. -ENGLN =- Charw-e Work. Directive Tfmmes 'and; field orders; to of any accident. 9.3.2.9- Nvmcnt Rmiaas. Rpview tippucatiom CONTRACTOR� for. oompliance t}1 I bd- jj�edure for their Submission and,forward with reconihienclation to I I I I 11 I I I L I I I I I 11 11 LNGLNELR,-ffOtitl-L.i)artiCiilailV the T61660nihirl of .the pawnentjzqutnted'tu the kbeduhl of values work completed �-o �materials vnJ..eqt6pmcnl delvemdthc�tnt-tnOrporaiod •vi the CerliGcate offSubstafitibFCon-tviction, subm-w to -CONTRACTOR a List of obseh,edaterfis reatiirine c;mection or compktion, the comiiaris :of and CONTRACTOR iffid pinmam a final list of items to be carected'or coinplet *932103. *Obsdrve diat,all'Ims m the final Est hamcn cojTcdcd-or*complctcd and make recommendations to ENOWEER .6oncernin.- ncccptarpde: 4:3:3: Lm6it*2ii6ri of Authckirv''The Renresentadve shall ia 9.33 1.. Authorj7e, an - t;ons 6brnthe Contract Dowments. CC &;I,,qnv substitute ma ria' _m1pruent.,11rilm, aiiffiprig� *bv the: 93j3.-_- Rceed- itmitn-ticifis of'AN&INEEK'S: Authoritwas set forth in the Contract Dcictimews. , 93_33: •Undcrtakc any -of .the rcs m.nsibilitics .of the.CONTRACTOR "Subcontractors.or. .1. CIOR'S V de. I 9.3 . 13: . 4. Advise"on, 'or issue directions.mlkffe to Or assurfic Controlover any asoect-of the, T m6m, methods, ',wchniqum sequences. or o edures for cog��Cqfttib- -m N c h gs. ggScjfica Hy called for. in the C ontribu Docurngits.. 9.3.3.5. Advise an ' or ksuc- directions rgg.-ar-dim - m az=e control over sa c , prLcauuons dnd proya stin gartriectibm kvilh the - Work. Accept shop Dmwmu _E_ m.�Ie .wbmittals, firoftl qnvorie' 'other.,. than the CONTRACTOR, 93:17.__,-Autho OWNqR :to oc5cupv_. the' ,work in %�;Kole o r7r. —,,Ml: 93:3.8, - Arti6batii, in 5moiciWizcd field or labointory tests of inspettiom conducted by others VLqLepL- as specifically buL6AKed by Owriftiaipvs ajid Wuvpreiatiwiv, 9;A. ENGINEER will issue A-fth rmsoaabI6 promptness. .such. written clanficapons. or'jnterprelations of The U 990 Edtiai) W CITY OFrOR r coLur,;s.xtoDmcATiaNs (UN142000) ,the Contma Document$ elft the f0m.of h:tHel intent of sad Documerts. Such �iifl Lx binding -on If 0t%r,,qEk of ,nOLML 'U'r. C`.XtC_M thereof'if ial - OWNFR,ar ACT.Ok.m-h.v' mtike 'a wiiumi C%inithercf(5r is Reje 9.7. :in c]o6riection , Ml� E� M NGNE s`aqfhciriN as 16 *p .�ndsamplds,pmgmpl% 6g14 throu :6M zw h 9-8- DQMR au- thority as to 11 a12: 9_9. In ENG Nmls ilualorily, is to _ L 'A- pplica kii I'M ons'.. or Piymmv. see Arlic� q: Delmariniu[ofqj oiii I3icek and classiG.cations of Unit -Price Work _j3i:rfiinaed by CONTRACTOR. ENGINEER will! re+ie­W 'iviLh CONURACTOR the ENGINEERS 'pielirninm deitrMinukior'm or, s*�h-m4ttirs t�efqrc- rend4ring 2 wniten, decLsioh th6reon,(b3,'riconlrn6dnfion 6f,ab.:Appljcnti6ri 11 for Paymentor-otlien ise).. 1T,\ORNEER's %vrittcn decision decision., unless othcr,vfse agreed in ni-ituip, by'UN •t'ER' therein. will' IxFiinai. and binding u jkin, ;OR^IER: imd rind C().N7RACTOR. . COIN TR.4CTOR:tudess within Icn da}s•aftc the date of ew-ion either • Ott,2y77t or CONTRACTOR m,}' stc}i dew-ion.. 9:1 �' When functioning as inter and tutLc,iinikr delivers to the infier and, to ENGINEER tr inert notice of patag ap s9.10 and 9.11_ II�GINrEER will not sl ace mteration t0 appe_"a1 from x'NG);\1iER s decision and' (i)an partinhn, tu;Cj\kTrFR or CONTRaCrQR and ujll not :be. appeal _fiom'ENGTN M; s decision is taken ivithin the lime liable in: connection ivith:iin} interpretation or, decision Louts and Inaccordancewitliihe procedures set forth in rendered in good faithin�such capacity.: -She rendering of LJiibit CC?,, °Dispute Resolution Aptieement , eniered a decision ;by EidGTNEE•R-pursuant ,lo paragraphs 9,10 or into between 01t,'NER and CONTRACTOR purmani'to 9.11 wtih.resFcctloan), such- claim; dispute or other Articlelbor'(uiifnosuch-DtsputeResolutionAgreement matter(e�eeptanv,Which'havebeenjvaivedbtth2-aial:iiig has en entered into., a formal piOCCLdIrIg.1S inn iituted,In': or acceptance. of final . pOymenl 'ds provided- In tlieappealirtep•'irtyinaforunfofcompetenr.junsdktionilo- paragrnphl4:'15) wtil be a-cmto am• ctefcise such rights or rrmedies.as ilic appcalma party may. ertzrise,by OWNER or COT�ITRACTOR' of such righiS.or hale. ivirh. respect to FNGWF}•R's.'deciston; -unless. remedies:aseitherbiayothemisehave underthe.Contract otherwise agced in writing by -OWNER and Docuruciits'or by (mvs or Regiilations in respect of am• C(JNIRi\CIOR ;Such: appea!`;wdl not be`subjcvt to the- sushi!aim, clispule or blher'md4cj4tuaiUFa Iii s,r_4iele-l�, procedlucs ofparagmph'9 11. ' - 9.13 Luitirations-,Oa EEVOI-YEER's AmMoficv land' Deciint»sonDisputer. - Revpnnsblllriec . � - .. .. ... 4,11. bNIG(NEER'will be 11 nitial.'inierptit&nf the: 913:t. Neither ENGMEFWs, authority orre'tumments of the Cot :tact Dacumerits arid. judge of the responsibility. tinder this Article R or under'airy other accePu Wit 'of the �Vod:' ereu !der Cla qis d sputes-a ld proyision:gf the'Contiact Docun erits nor,anydecistort other martcr4 tcianti3 to, ihq 2aeptahil ityaSf :the Work or madrbyENGINfiER in goad faith etther,ta;c�cmfw the iriwrplctauoh the' >u l iirrmenis of''.the Contract' or not ixcrcisc such authority or re.spomib'tljty or the _of Documents pertaining to the performanec arirl Famishing of undermiking, eNermseor performance of any authoritj• A �l%drk and claims- undcr fvueles l l aric1�12'In ..a of or rtr.spornibilit} by U.NGINEER�-.hall crcate, annpose ch riges n the C6htiact Price or Coniravt Times will tie or give_mse io any ,duh, owed bj% LNGINE•ER to referred'initiallly'to ETNTGMIUM,_ur writing with a request CONTRgACTOR,- arty-Sufxontaelor. any, Supplier, for a.formal :decision*vie acccriiahce Virh, tiro, tirvgm p pti � organization. .- . any other person v organiaiiion, or.lo arty surety for Written notice of each such claim dispute or; other. matter or etnployce or agent of any of the i. - will be delivered' by the claim int to INd SEER and the other Izirfv tq tFlc, :\greanrrtt'giompUy (hut ai no cvenf. 4 U'". ENU iNEER ;ivrll 'not :supervisr,. direct, later. dvm thirtydays).after thcdait orahe occurrence,or control:or'havc authority over or_,6t responsible for eventailmgtse;threto t.:ivruten,uppi%ng;data.wl11 CONTRACTOR's_tieans tethods, techniques, tix .submitted W ENCrINTF3t and the othee p?tty'}dithin or the safety stay lays aRerthe'start of such ocairrence.,or,event unless precautiomind progmnis incident Thereto, or for any alGI NTEER allows an additiwial period of time fire the . failitre of COT�M_ k( OR to comply wvh Laws;arid m Submission of add tioruil or ore aauratc dart rn support Regulations applicable to the fumikhma or of such Taint dispute or other.In.atier The otiposmg party per%mtanee of the INfork ENGINEER will riot be shall`submn any respbrise to O7 GTNMMR:and ilie claimant responsible (w COh1I'R:ACiOR'i'Cailiue-to.perfcirm within tturiy„ days _aher, receipt .of the' -clalnidas last or fiirivsh.the Wml_ in acctxdaricY. }vitli�the..Contract submittal' (ui j s' ItiGL\7•ER allows. additional time); Documents SgGLYEER tvtll render n formil.deemonin writing within Ihirts days aftaYeceipt oCthe'oppcsirti, party"s"submittal_ if '9 133; 'EN<,INEEP� will not'be'respgrsiblt for the an}.igaecordince :with this:.para2raph -'ENGINETiR's acts Or or iwiorzs of CONTRACTOR of of any. ivriuendecision orysUchcisim, ispute cinoiher matter will' $ubcohlrBctor, arty Supplier;.iti ofany. gther. person -or e. i . i .. lie • final � and baiiline ii � pon.Oi�i\iERand f't�Tl•L.4CTOft .: ... - .. .. - orsancz5tion pertamuig• or fumuhing any of the . unless: (i) an appeal fom ENGUNIM-R9 dicisioh is taken 'limits Work' within the time and: in accordance with the rnotiedirres 'set' faith,Lin :_ \HI131T .GGA. "Dispute: 9.13.4. ENIGINIMRsreviewofncv:Grrel.Application CONT ACTOR: pursuant to_Article .ib, or (ii).if no such Dispute Aisblufl'on 4greery4ril:;}iss- bee'n entered mlo; a w itten �.n_otice�of` ritennon to%ippeal,from LhG1NELR's I ritten decision is delivered by. OIVPIER or CONTStACTOR'to'the other and io"E.NGINMER will in th»ty,dajs aftcr.tho date of`:such deeison..and a (bunal proceeding is instituted bs the"appealin! partwin a forum of competcrit IurikUction to exercise such rights or remedies: ai thcapMlrng lstrty may havevrith respect, To such claim; d spute.o .othermatter in accordance with applicable Laws and'•Regulanotis tviihTI -giro, days. of jl e irate of such ',r ,UC'DCCENMALCONIHT-0 I0ii 191q(t99UEdi(;m) w/ QTy oi.-FORT qow hS Afo0ui6 noNs mEv A 2qw)` delivered _by paragraph 14 13 ,troll Only be to deterriine gemrally.that the r cont`ent.complies with lire regUircnients of and m,die case of certificates of inspections, tests and approvals that the resifts certified indicate cornplianm ,with, the •Contract Docurtients. - 9:13.5, The limitatim. Minn. .authority and :Rarepspbb1ti°vGeiaNnEdEaRss'sisiCanotnis_u. ,9:13 sha1afsd plyylnnResident .Project epr - .iRTICLE 10-CF N..GESJN:TFiETV0RK 10.1. '•Withput, iirvalidsUr= the Acavcment .and without aouce.fo anv surety. OLt"NE[t-may al;any ttm�or Isom' .ime.W time, ;Dieter. addnioris, ;cleletioru tir:revisions in the Work.. Sucli"additions, deleuom or rcvisinris` will be wthori_ edbya,1Vrittrn Amendment a Change:Order,, or a: Nail:' Charge• Dire cava Clpon receipt -of any: or Iocument, CONTRACTOR shall pro- 1ji'dy fmcced with ticl4oik 'involved: which will --be per ormed under the m6licahle c6ndi6orrs of.the'Contract'Doc`uritrnts (e ccot as 10.1 'If MINER and' CONTRACTOR are unable to' agree as. to the vier, irimy ,of an adjustment:.in the Coiarict Price or a n'2djustment.6fthe Contract Timesalnv should'& allowedly resulf ofa \Vorl Chance 1*ective; a claim may }..',made th,c provided. it Article I or Arttcic.j2 - 1o3. .CONtizAcTOR-shall not end dedto an increase in•thc Cohrnci Price or an.e nsiivt of Ili 'Contract Times w Ith respcd to any Nord puformed that is not reqquired by the Contract lloquments M. ¢mended, :modified and supplancntedisprovided In:paragnph,s3$ tmd,3,6; c ecptt iit the=case of a , =agency as provided in paragraph 6.23' or, in :the rase of vncover Wprk as: provided in, paragraph 1: 19; 10A. OIVNER' a-nd' CONTRACTOR shall: cxecute' appropriate Change.Ord&r .r=ommended by EiNGQtTEER (dr itizn Arnerrctments),c0yer ng: 10-4 1 changes In the Wort, which are (i) ordered by OWNER:'p irsuant`to paraemph, I o.1', co required. 'becattse of 'acceptzince.-of' dzjccli •e Wak tinder pa[a;apIt'] 3.13_ nr'eogrcting wdefectnK: Work undo para¢r pFi JS',14: or( ) agrczd 1ry the parties parties .' 'dia iges in ilii Contr;6c i'rice or Contract Times, which are agreed to by the parties,,and I(DA31ilvartges to the Contract Price or Contract Times which' ernbotly the'substance or wiiuen decis on rendered by ENGINTEER pursttortt to paragraph 9:l'I'; - providedthat, in'lieu-of,e.:ecuiingany-such Char>je,Oriler, an appeal may be ,talon tiom any "such'-deciskn .in accurdarice viffijhu provisions of the Conlract;bucumim s. aril appliesble''Laves."and Reeulaiiori ,_but during any such .appeal. CONTR'r"CrOR'.sEll carry. on Ihd Work -and edhati to 'the ;progress schedule as provided in pzragraphfi>9 '10;5._ _Ifnotice.o['ariy chanue'afrectirrg,the.generaI scopes of thcWork or 1}ie prod isiors. of the CopvagI Documents. (;tCUC CE'tit]GV;,CONU1710.'.'S: t 41 Sys 0 TJV ESLioil, w! CI7Y OF PORT COLLII•:; _\1061FICA M-N'S tRLV .Ir1 na01 (nc]udne. bin not l itad to, Contracs')fice or Contract Times) is reguire,'I y Jhe grovLsigns:of:anyBond to be. given to 2'surety. the givin;;'of any such"notice will be CONTRACTORS rospoiv5tbdll} and: the amount o_ F each, 8ppticable $ond will be.adi,LLaed accordincly. Affric'u 11—timc;EOF COIVTRe ct PRICE 11:1, The Contract -Price-constitutm •.tlic- total - orimpcnsation (subject to audiorizedadjust nchts) payable: to C0IFTRr1CT0R f6r4krfonYiing,the V6& All clones, responsibibticsand obltgauons assigned to:or undertaken by CON R:4C1'OR hall lie 000NTRACTOR's''expense «ithout'changeift thcContractPriec. T he Copts act ';F rice may orily he ,chtngcd by. a Order tvr.by a, Written Amendment' Any claim ly'(but in race startof 'the rid slating the or additional or more iccurotedata m support,of the claim) avid shall'aci•ampnnrzd'Liy cFntmant's wnttet statement that the adjustment claimed coven al ,binvvn amoarits-to Which the claimant is :entitled as .a .result of said occtamee oreJent_-All'elaans for adjustment. in the Contract Puce: shall be ;dctmriIv' d' bv. II4GL 76ER in accordance With para&ph 911 1f ' OW1v'ER and CONTRACTOR canrtut otlienvisc agree,1an the amount involved No"claunfw.anstlyustrneat :in'tlie Contract Prim will be yalid if hot subrnrued in accordance with this .. 113: The valuz of any'Wur} coVcred by a;Ch ge Yrder or-ofany.daim fcx:an adjustmehi ,in the. Contract Price -will .be:determined 'as follmm: I . 11 r1. Where- the Work inmIved'is covered by unit •paces- contained In the C'cntract - Docuraac=, by apphcationo[such unitpnces to'thc.quantities of the items in8olved "(subject " to +the provisionsof 33 Paragmplis 111;9.1 ."(trough 1 L93. inq!um�)� 11.312. ' where the W.6rk- involved; is not. covered, by Lmit prices contained "in the'ConiNct Documents; by a mutually 2greed-paym-CMA in� lump sum (vvhi�ch 'include - am-alj=nrice f erhend and profit not nme=rilv -in accoidance with panigsapdi 11 :6.2); 11 :13. where the Work involved is not covered by unit p' - 'ri�es containedied 1n: the Ccinu-na Ijocmerr.s. and �Hgreement � to a lump.sum is not reached , under rag jigraph'l-1.'3 I on the basis of the Cost of Work. 3 derm- tried as 7prov ii de-d in,para' gra phs, I'l. 4 , a nd I I I plus al COWPACTOR's fee for 'm*,erheP,d and pro.fit 1­ Id - (dict-ermirl6A -as Proyldd-. - in Pawasraph 11 .6), , cq.t blylle IV&)L- .1 1A - 7rh, u:rm cost of the. Work mitaiis.thc sum of. -all costs. rize=iarily incUrrid and paid by'CONTRACTOR in the Propx perfornnancevorthe Work. Except as ciffier", . vw, may be agreed to in writing by OWNER, -such costs shall be-in"alrnoumts no. h>ggher,thsn those prevading in the Ic lity o(ih.6 inCI*udC 'only Ahe fclkiwirig items and shiiII not ihchide any of the costs cc ' iterin d in n paragraplil 15 1114,1-Pa37oll c6sLs for emplcy&s in the dlrecf crnplop-_of WNTRAMM -iri thaT16miance of -the Wort under 'schklulevof job. classifications nzreed upon by OWNER am,.0O3)rTkk&0�, ,Such. employees.shall include"without timititti6n superintendents;, foremcri and other. persomicr M emp]., C,� H.1ne-_.HL I& Site. Pn,yioll. Costs, for The. f - rfrm Fs 4�:.pe_­ furnished Much ' to make.paymenlz� in which case the cash discounts shall accrue to OWNER M trade ldis:,(xqit§; r.e6a!es,`and.re1'Unds; andreluirts from-sakof surplus materials and equipmeni. shafl accrUe to OWNER, `and CONTkktOR shallmule poylistoils .so that Lh6-rnay be'cbtiin&L 1:1.4.3. Nymefts made by CONT'R.AcToR to the Subccntrbctoas for V-6rk-pal5oirmed OF furnished by SiibcPhriaci&i If required, by 0\MItIp" 4 W/ MY 61; FORT, LOUT M MODIFICATIONS RIEV41211 000)' CO-IINTRACTOR shill obtain, competitive "bids from SubLor-m-actors. accipiiible - In 7 'UMNER and CONTRACTOR- and, shaH' deliver sjeh bids, to OWNER who will then dtitermii;e'with'the advice of ENGLNEER.'which,bids. if anN. Nvdil be accepted. If any_subcontract provides that the-Subconaractor LL to the Subcoraract&s.Cosvbf the Work and fez shall be determined in the.same manner as C01\7MkOTOR's Cost, of. the 4 ' 0& and fee. - as py, c r rvided in Zrars -h4�' 11 '11'�5, IFfi Al-7: All b pic�Ube pubjc�t-tq the other #.o isibns of thedcn,nctl) farm' a pIiciihle• _9cume.nis,inso a. A 11,44(Costs 'of spe.621 cMsttltams'(including bir. �not lirni(*ed to ;-'c`nS_riccrs, architect;, hi itocu;, testing Iiib&atcries, sun-eyois. attorneys .arid accountants) .ecriplo-yod fdr services srxcificafly relit,cd to ttht W6rL 1 L475_ SupIJj;McfntiI:custs including 0 ie.lollorvvirig: 11,4.5-1:. The. propo r6ob o . f noccssan, transportation,. rme1'9.rid (-,0NTkACT , (A� -c ' mpl6y6cs incurred in discharge 6rduties'Corn Gel--.6 -, WE_ it� L rK 11.4-5;2: Cost-. incfuding, mion and m I a i A It na r ice, of ., �all, in transport n t&IbK., supplies.equipmem niachincry, appliances, -dffiPe and tempordry, fiiciH66 at; the site and 7hzfid tools not otv to by the Nv&kcig Which arc - onstim-ed in the performance of the Work, and.eceAdss. market yaIue:ofs6ch;itcms used but riot bonsimcd Which remain the Proly-Mi , '.ofC6NTRA7&QR]. t IASA donStniicr; LU or §im ilar taxes related to:' the �%Vak, :and, o 1�`ch coNTR-AcToR. is uasici sed b Laws and , impb- y 11.4.53' DcpeisWs lo5t* fibi causes other than neghgance - of CON-TRACTOk' am, SLmractcr'.or anyone directly cirlindirwly employed ,by'an-y-of them or WWhok.ucts any of them, may bLliable; and royalty Pay= , er" and fees lob p6imils; and 11.43.6. Losses and damages (i6d related expenscs)'musod- by damau to the not ,compensated by. nistuance,or ckhcrwiwsustained ly COI WRA -TOR 'ir, ocnfinecticn vvi(b the [1 performance and furnishing of thi Work (except losses and�dumeees within the. deductible-itmounu• of pro riy ur insance cstablishnl by OWNERin ai•eoe .with . perapaph 6 n), provided they have .resulted drum causesother than the necligetice ' of CON f R "c'1'OR any -Subcontractor, or' anyone directiv or "indirecliv if them or for whose acts any of ale: -Such doses shall :include u5th'the Writtrn consent and ER_ No such losses. damages; 6e dnciuded in the Cost of the - purpose of determining. fee. 1& however, any such loss quires ,reconstruction and is Placed 'In, charge thcr o(' hal1be,peidJai services a fee .t stated in paragraph 1 1, .2. 11.4 5:7. The cost ofruiilitics, fuel and,sanitmy &C'Ities ae the site. I iA M. ,Minor, expenses such -astelegrams;. lgng dsance•telephone nlLc :telephone service at the sue, e. l rcesanc and.similnr petty .cash items in conr�cton ivith the 1Vork,. 71.A3,9. Cast ofpremiums for additiaml Bonds •and-irlsuiaiice'iequired because ,changes in the Work; I15! The ttrin Cost of the \ir'nrkshalinot;iniludcany,gf the following: 115;2; Experises.of C—U TRACTORsprincipal and branch offices.othtii 6tan-_C10NTRdCTOR's ol'Gce_at the site, Any pat of CONTRACTORS capiwl' expenses. me uding interest on CONTRACTORS capilpl emplcyal' for tie Wort, and ctiarer against CONCRACTOR.for.delim uent'payments. Cosh of premiums for ell Bonds .and for all, irlsiur ice uhefheror not CONTRACTORis required by ihy Contract Documents to, purchase and maintain the:sainu_ (eccccpp[for the cost of prcntiunis.:covcred �:: "subpersgaph . I'1 Z 9 above). t �itvc ceaex,iL.covutn ors t � Iva U ran ei6ttgil ' a9Q'rY OFFORT COLLIM:NODll9CAT70N51HL1'11; ptKi) 11:,5;$, Costs due to the- negligence of CONTRACTOR_ any Subcontractor, or anyone directly.or iitduecdy.emplavcd by an' of.ihcm,onfor whose acts any of them'may be liable including but not limited to, the correctionof ilejktirWo& dtsposal.of materials or .eo ppnient. uTonkly supplied and mak. i gdodany damage to property. . l l S 6 :Other overhead or general, expense costs of any l ri d and the costs of any deai not specificatiy and eeprzsSly:irielY. . in paWIEIP i t'1:4: 1.1i6. The-- WNTRACTOR's: fee. :hllbwed to COlv`IRACTOR foi ovahead and profit,"shall be deter minedas,follows; 11.6: 15 a mutually acucp-Eble: fixcCltee::or. Al. 6.3:'if t..fixed-Ice is novagre [ upon, then a fee: based on the following percentages of the. various Portions of the Cost of the Nark: I LC 2r1: _ for costs: :incurred under paragraplxll_41 , .end 11.4,2; the CONTkP CTOR,'s fee shall;l c fifteen Percent;- . 11.6.2-2. for costs incurredtinder paragraph 11.4.3, the CO1yTRACTOR's fee shall be five..percent 11.6-23: where one- or more tiers of sub6oritiacts arc'on'the hasi3'of Cost of,thc 1Vork Plus a fee and no fixed:fee: is agreedupoq the intent. of:paragiphs..11.4,I, I1;4 2, 1;i,4,3 .and 11,6,2 is: thai the :Subccii ritncr who. actually each 11.6:3k flt5r fee shall be pavabk orr.the iiasis ofcosts itemize iarder,paragraphs 11.4:9; 11A:5 And 1 f.Sj ` 11625; the amount or-redit.to be•ato%yed by."COMT�4CT.OR'to OWNER for:any,chanee wh ch results m a'net decrease'in cost will be l e amount'oFthe-actuil net decrease in cost plus a deduction in CONITRACTOR's fea by �m amount equal to five percent of such net decrease: and 11.6.16. when .both=addiiioni.and.eredits. are. involved fit env one orange, the adjusmtent in CONTRACTORS fee shall be computed.on the basis of the net change ri accordance'. with paragraphs I1.o.2.Pt}irouSh 11.6.2.- inclusive. 11,7, Whenever the: cost of anytVorl.• is to be b- 1 determined . pursuant to. .paragraph; lCJ and 11:5. C.QNTZ.kCTOR will estabbsh and maintain records thereof in a.-cordanee with 6crcerally accepted:accounting - practide� and submit. in fonn acccplsbla.to_ iTGVNIM an tCeml'tedcosthreakdenvn•togcther.u•ghsupportingdata; Cash f%linvunces: I I.S. It a. -understood thatCW, h TRACTOR as included in'the 'Cbptracl, Price:.all. snowanes..so-.named in : the - Contract Docidneritsand shall cause the Wdrk so'etwered to,Lc fli coshed'and perCormed.for such sums as may tie �s_cceoLi6lero.ObV1,1ERaMtNGIIN'FER: CONTRAC'.COR agrecsthiu. I1,8:1, the allowances include the cost, :to CON7IL4CT(JR (1essenv, appbcable track discounts) iof matenak'and, egwpment requtrcd by the allowances, to'be dehJered at the sttIc d all gpplicable taxes: acid 1 U-2.CONTRACTOR's.,costs; 'for unloading area fiaridhne pn.the';Sit4 laliar-instnllatioi,costg overhead;, Profit. and other e.--pcnses :contemplated .for the alloiynnees:'ln ye been included in' the C:ontract'Pripe. .and not in 'the• allnwances:,and no demand. for add apnea payment on necgurit ofany of the foregoing: u�166cvand. Prior toLnal payment,.an-a•+propriate'Chnnge Order will h: istu'rd:3s.riconimerded byF24GIi`1FFP..to-reflect..actual amounts: dde:COly-I'RACTOR on accoiint oC-Work. covered het illow-mcm. ,and tare .Can no. pice' shall .tic oorrespondinglyad-'seed: 1 r9: llgii PrieiTvark , ] Iy l WFierctFlii ConGact•Ihxniinertts,pFcv idc titatal4 `or.pxt of tltd Work s to be unit Price Wort., initially the Contract,PrSce ,Wall b deemed. to inclludc fiir :all: UnitPrlcc-•tcork an amunt oequal'. to the sum" of the; zstabllsfied initprices, or. jn6.sep@ia.tely idattiled; 66 of rtcros:of Unit Price \Vork .m6, end are, soleiv for. rare putpu z of aidsand etermmingan inilrnl Contract tbatioras of .the actual`•quanuues.and ` of -Lime ,Price' Mirk' performed by R will' lie mode by ENGINt-R in I L9;Z Each,unil-price will lie derma] to include an .am _oum'.consiiered by CONTRACTOR to be tidcquale Ito cover`CUN'fRACTOR's. ovcfirad;and_ Profit for each szparatelyidiii izditem. 119.3 O11'Ick or COIi'TIL4CTOR may make a claim fur an.adjustment. mn 6,e',Contract. Pricr.in aCt:prdallCe watt ArttCle 1''1 Il:, 1 Ly 3:1, the quantity,61 any` item. of Unit Price Wcr4 performed t> ,CO.PRACf0R ,dif&s rnatenally :and significantly Croat. the estimated• quanrit, ofsuch item indicated. in ihe-Agreement, E ici;ENLKALCONL11TI01� 19wril ft990 Ec691) �6 W1CITYOFFORT(X]t1.t [wS �fOD1F7CA710:V51P,L\'4J201Nn and A1A3:2 there is no.correspondin_ adjustment tvilh.rrspeci 16'any other iiem of 1Vork; and t I9:3:3: if 'ONTRACrOR believes tfist CONE WT.OR. is entided, to an increase in .Ciirltmct-_ Price. as a resuitt; o1. having> iitcitued ,uddiiional ekptrise of. OWNER' believes ilcat OtV. tER'is.e titled to a dec ease m Co tract Price anil the patties: are unable, to ,ligree as to. the .amount of iinv:suchincceasetir'.deaease. lI 9:3 A: 1CONTRACIOR aclstowicdam, that .the UR•NF.R`ha's thie'ri°ht:to addordelete items.in "LP"LP }ic Bid•or,char¢e,quarititics,at,OlaiRrrER'S-sole tiun vvithbut, dictum: the Contract, Price Of .amp: remawnc ,itcm sn aorie. as: the deletion or .addition does not xceed nvertv-five percent of the ork inal total Contract Price. ARTICLE 12-CHANGE OF COtNT%XCTTL\lE5 12.1. The jcontraccrimcs (or M,ilmii!ln a) mayy only be .changed by, it Change. Order: or a Wridiri Amendment. A& claim, for an ad USLment of-t}ie•Conindet Times (of Milestones) shall Ex sed,tinwritten;nonce'delivered by .the. party unaking the,glaini to ffie other parry find, to FNGINTFER:promptl}% (but in no went later than thirty days) after theoccctrrencc of the cvcn •giving rise. to the claim. and stating. the general iiaturcoftltc.claim: Notice of -the c\tent_ofl te claim with ,supf ort r g_ data shall be dellverecl %'ithin 'days :Aer sued occurrence (uriless FNGRE6R allows additional bran; to asrdrtam more acetuatIc data in 5upport.6f the.-cldiin), _and shall be accumpanl6dby the claimants:vvritteri statement that the 5cljustmcnt claimed s the entire adlustin6t tozvhicli the clalmant,hns i-eason to believe it ts-rntitled--os:a`rMll'of the,traoccur-enceOfszid_s-;iM All,clsiins:foradjustmentin lle2 Conct;Timers (or.\1Glestones) shill'be determined by F%rG1NEER ;in . aceb[da'nce with (par4aph:9.1F if ON\N nand CONTRACTOR eannoi ohrnrse serer; 'No' cL1tm` for "..an adjustment to the ;Coiureci Tirn (oc Atitlestone) Zvill__bz, v Illddf;not_subiriin6d to accordance 1:.2. --NI time limits sated in the,.Coraract Document the'oCtliee�5ericznCtiteAgemgrit: " . 123.. Where CONTRACTOR is prevented from ddmplcting:-any part of: Work .wider ;the'Contrac6 Tunes (fir CONTRACTOR; duelo dela}''beyorxl.the.comiol� Of CONTRACTOR; Lie Contract Times (oi M lestones) will tin aided yin an alnoUnl-egUa1 to time lost to nicFi delay 'if L a claim is Ways therefor as provided in .PuagTaPP1112, l', �C ays bcycmd the' con"[ of CONTRACTOR hall' ncltide i ut nor' l r l rni[al tci acts or neJecl by 06L'lV-ER, aclsor tteglgct• oC ilgliiy rnvners. oc other contractors per(biming other work,as contemplated' by Article 7_ fires floods.. epidemics; abwrmal' weather conditions or acre. of Uiid, Delays anributable to' arid. Nvi"i the control of a Subcontractor.& Su fie still! lie: -pp r, deemed 16f­,-deIH'vswith*in the confrol,ofCONTRACTOR- 2 A. Uliere C61,7RACTO . IZ 'is preverited from compl Cling-gartyparl of thi%Vorkxvitfrin thrContractTimes (or' Milestones) due to Miuy bcy&M tK6 cooljrol'of both 04wm -orid CO, 01 TRA&, an extension of , the Con!racl'Times (or Wist6rizs) in mi amotint'equal.to:the b6 H , nbl , Teri ary or orTesi.raing irom (i),uejays cALLwd 6mrol; -o-f :the *,tOW LACTM or not luartedAu. Irres; flotxls,,�"epidcmim rm abribiil coatriorvis�:nctsof G-od-'or,a'ctx-ar,ncg-l&­t hy-Litilit crcontr h Orct uctiors p­erfora - ifig other Wdik as-cont r ARTICLE' 1.3 "T . FSI-.S - A I N6 AN§PE&I*ONS:. COKM�Q� , AENIOVAL 01R ACCEPTANCE OF al. .1 3romp�t notice-orail ikfecffe Vori.of, which 0 WINER or MVtFNFEFR hate .36 rLeil led i I - fl 'b ' '.toCo gc. �yi �e�• given. . INTRACIOR-1 All depaAw Work. may tv rejected;', corrccitid or acceptedi as provided in thisAftIcfc 13 Access10:1V(yk:, 132. QA-T;LRDqGINIM�'DJGLN =,;s,Cormltarils':. the 0Tk- at pei:ti1 and proper itM se� dicat of pregranis so. Teslyandiflypections: 133: CONTRACTOR shall rive TuNCINM-R tiniely � Amice,of ieadihof the Work (or all required m"pecti�s I . last!; or appiovrils. and sliall cDOpe_Mle%%ith:irspqcfion and testinppersonnetiofacilitaterequired urs 13A. .01VNIER shrill employ and pay for' thc.servibm, or an milependent itesti-g'labor2tor' -,16! rm .all D= to�� provaK _required thelpt tract 3-4.1- for inspec - tio - rt� tests or a0provaLs covered' paraurup by' I �:5,bb h �;w; 13.4:2. shut costs _irit;Wed in cormecucin %v ith tests inspections 'conducted riirrsuam to -, mmnplb 13,9 EICDC GM:HAL.CONorn OM 19 1 u 4F ( I wo Edtion) ,V/ crTy Or FORT COLLINSMODIF] CATIONS (kEV.1/2000) ,below :shall ;be paid as. provided in said ..pardgmph 13 9toid 114.3. 28� -orlier-Wise specificO Y provided in the Contract Documents. any %Vork (or the work of others)'that is to be inspected ;_ rested I or appro"od is grvicred: by. ONTF6\CT,op WjLhoUL 'Written edw4ffence, of F:0fNE6E'iL- must;if;rcqueiica b3i . ENCUNHER. be ,uncovered ror, observation. 117,' Uncovering.WorL as *vided in'pamgraph 13 �6 aitiff be at CONTRACTOR' s, ccpenm driers cowRACTOP: has ffnely notice or CONM&C`rws retention io, cover the same and EN_GMT..'g W po,n res iw,,osuc n t h- orice.' as, It oily AVO& is cuvcred 6rmtrray,to the written roqucSit6k ENGINEER' 'it Umuss,. it I ' . requc%ed by ENVMR�'be ifitcovded for ENGNBER's observAtI-O'n and replia:68 at_CUWIZAcT_OR'; VITenw- 'or .or at � in and uncovering. *cxl�. , ob�� anf!Cstm and 6fsatisLCtoy - rep)ocitirlent. or rec'onstrucuorZ (irdudirtg ' but ;wt, limited, to all costs of repair or . rcpkicemerriW-work of .�arlid: OW TER &$,;ad be cdthd to an appropriste decrease m1he'Contract Price, and. if he partici-art�txmblc to agreeas wtho arraxtrit lhcrecG may make it cliiirm thiaor as pro vidd i, article 11. 'W If. ho%'ever - ch Work L-11"notfrativi to be &fective.CQXTRA&f6P shall he allmycd'rim incense in the Contract: Price or an "eresion or the Contract Times (or miluiionoj, or both,djjjCd intriblita6ld to such 17 unctwu'ine exposure, observation: inspection test d; replacement nrrcf reconstruction_: ,and.'if,the rXIVies.are unable to agree as to the. amounr,'or cstcrit .thereof; 60NTR:ACTORmav male.a:claipi therefor as provided in Articles I V and 12: OWNER:flayStop the Mork: (.`arrerirort nrRentq%W ofD,'efecdve IPork; 13:1,1. If required liy ENGRIEER; CONTRACTOR stroll promptly, is directed, either correct all dejeeniv Work, %iietlier,or rot fahritatec(Juistaged or c6alpfeted, or; if the ,VA. his bxen re cried _hy_EUGINEER,.mmovc it Eons the SJtc• _and rcmtace -h. yr;th '1Vork that i@ snot_, defective; (OommACCOR shall paY, all '.clatms, costs loses sand domages Caused' -ray or r�irltirta' Crom _suchi. correction or reriiovel,(includini but not'l ntitid'Nall casts of rcfeai cV replacement of work of others), 13:.12.' Correction Penort. 13721 If uhthiit ene tieeF tu_ ayrars:yflcr the date of Suhstantiaf Complciion'orsuch longer'Nnod;oftime as fim be preacrr red by Iaivs'or Regtilatioris.or by_the i).carrea:suchdefedNe•Worl,, or, ifithas,. by OWNER. a -Move it Gom the'site ar a h` Work that is not c*fictive, and (ii)' or[e<t;ot remove anvj replace:'my_damage or the work ofothErs re Iting.tmmlirorn. TOR does not promptly obinply, with the instiucti_dns;.or inn e amergency where., w'tlst`5erioui: risk of: tits-or:damage; Work rersulgng ,therefrom) has been corrected, removecigr repiaced underthis paragraph 13J2 the correction period .hereiuider with"respell to.sach'Work .will lie extended for an Additional period of-me-t;e two wears. afier, such, correction or rrinbv l and replacerii,rrlthas hee`iisagsfactorih�. coniplited; -1cC'ipMneC' OfDefeCtfl'C SVdrk: 73.13. if. irrstcad.ofregttiring correa'loh or removal and i.P)uaemerit:of defective Wool: 0\ \�'R,(ariil; prior to ENGI?vEER's recomme Jation of final .payment; also. ENGWF.ER).prefers to 'accept it,'0ANWFRmay do.so. goly ,k�CTOR shall.;pay' all claims; costs, 'losses and ch. acccptan"rz occurs. pnor, to. ITIGWF_ER's commendation of final payniem a"Chance Order trill be rued Incorporating the .necessary .,revision in thc, bntract Documents withrespea to tlic Work; and wwmz shriILlieenntled to an appropriate decrease in the .occurs After will be paid ORjT'ER Vaj CorreetD<ec.# e Work.. 13.1a. Af.COMPACrOR.rails-a4thin or if CONTI cravision of after. seven. tllrs',paragroph OWtiTU sh311 proceed expi'iiitiously,. In connec icin with, such ;corrective and: remedial action, 'OWNM mayeaclude CONTRACTOR Grnii.all.orpart of the site, take ppsse:sion of:all.or:pan, of the Work, and strspend-CX0MRACTOR's:sepices.f2liited thereto; take possessron, ;or CONTRikCTOWs -tools, appliances, c nttttul-nI.equipuient ant Macl rery at the : stir And incorporate in the Work': all ,materials. and txluipment stored fit. the site. or for whin OtNNrk, has:, pail! limiied to all costs of rep air replaccmml-of work of Cprisullanls.'i iitfias) uili be;paid by'CO, ITRICT Q.TL e�erctse-the n cleims,fcosLS; I3Jn fn speci6l, cin u stoners wlieee. a, particular• OWIIICR in dery of .equrpment :is � placed tn..continuous" service; c}iargcI again' bcfor8 Sl l sisntral C.omplet 8ii of all'.th ` \York t} c be .issued int Corrmtiorr•period Corlhat'ilevi me} stsri,to,iunhom an Cor_dmet'Dcx "rarlia' date if so.,prrnideil'�in the SpcciLcatioris or by OWNER shEl 'Wriiten:arricndmmt.. - Contract Pricc ... • .. .. _ .. die'�amount th l;i;l?..WheredeferivebUorl.(anddgnagi-toother, as. prow �Q EICK: grimR L C:ON1RTlo,,<s 6 lo-8 tlou Ediuml: rY ❑TY OltFORTCOLU N , AlQDn1CATlON5 (RLV A 20(0)" he ate to enable UWNkX to medies under_thispemgraph:. All d ages uicu{red or'sustairied by elt rights andiemetlies will'be ACTORar l8Chanae'Orderwill •the 'necessary 'revisions mthe kh red ecl is the Word and Leo an appir+prime'decrtasc in the !+parties are 'urrable to Agra. as to VER may make a claim thcr&w $uch claims,` ocsrq losses and damages *W, imivide but IiN be binited, to all coots of rzpsiir.' to repike-ment or work 'or othe'rs,dtztroyed. or dama_Ccd ' by, •6orrmtiom icrfiwitl or' relildcement of co,qTk.A(,ibR's,&fecIive Work, -.00-..\FTPAC'r0R shall not be 011orwed.m 'cx'6c rision of -the Coritract, Tunes (or- hemuse'of M, delaN, in performance of the: Worktiurilatitible fights, Ind remedies hereunder. sq!ei&ie Of maLues. 14-1. 'The schedule of values estaiblikhcd dis provided in paragraph' as t1fe basis for pro � - graph �ress payments n � rated I -form of A 'limti for and bill li�, incorpom into a . pp on Nmtinf Ooccpwai� t6.aiqrI\TEM Prokress payrnents an ned6unt , of - I , ;it . i , Pn . 66 - Worn will & based on 44 . numbeer of units completed. Application for PrDjrkcTYaVnIpt:, 14:2., At least r*,6ty I days before the date 6kfi,blishcd -for m6b� progress- pa . yment . (bot not more oflen than once a ruomii);';CONTRACTOR:shxill subtifit.6 INGINTEER for review an Application for ljjyinent fiticd out and .signcd ".by CONTRACTOR, covers hg the Work completed ns of the date of the . ' AppIIiq4ti1o0n ,afi.d accompanied b 'such suFPcrtn documerita n Fmis-regttied by the Contract, Docilrn6m, , if. payment. is T on the basis or materials and equipti'M - t incor a in a. Work but I t incor defiv i�'d and suitably 7�19 _6t 6.,1or,, at anotha c ication tot PaymL mt. shall also be accompanied 'by n'bi of sale; invoice,or. other dau intationw t OILIER-Fas received the n1wrials and eq6ipfncnt free and clemr of all Liens and evidence thritthe rnafermlsai equipment ' are ' covered by' appropriate property.trisurance and other arrangements to ptotect 0WINIR's interest therein, all of.whi�h will be snfisE;;tor)%f6 OWNER: Theamount:o ' F, relairmge with respecvio , prwiress payments ments mU beLlu;:stipubted in the CONTRA CTORs )'swim, of Title..143 CONTRACTOR .%iifraniiiiid,&=nlees,that.lige tb all and e . 'p-iment mmed by any' qui ,lPp,catl , f R_ fiether - incorp *or M Or lyniCni., W poraud in the proj,ccC or�*I;, :to 0_WNrR nd ' Wier than the "time ofl5aynuinIfreuOrxlcl' ofall.Lic*m, car 14.4: ENdU�Uk will. within ten days after receipt of each Aolicafion for-P a . vinent, cither indkme 1n:%%T'Drkg 2. 19 1 (1990 Echtiau W1 (ITY OrFOR r COLLINSMODIVICAnONS (Xn'42DtVJ) 'recorrrucriclatioji to OWNTER, or i the recomniieridntiom, the- amount recommended Nvill (.%jbjuct ,to the prpti paragnaph.14:7) add when tic will', c,paid 6cCONIC due d' It db by 6WNER to CONTRACTOR 14.5, 'EN'C7lN,EER!s reco'mme6&Lidn'6F any M . yrn ent, requested ut an Application for f*inem Nyill constitute'a repre,crvtafirin by INGINRUR to -OWVMbased on ENGI`BF,R's on s to cibscrvaiioire; of the, ex6cutc& Work as an ex Z' " — rc�i I and on ,pencnce andquit eddesisui-pro. ona ENGDTEEP's I review . of . the A- H cat itin for , Payment and the a data arid SCE dZI ;ihat -to the' b,st of 6 '1�'MEEMk 71, lc4c_ -Inr6nm -2.6 on and 1-el ier. 14J.L the Work his progressed to At point indicated; 14,5.2! thc. qbaliry of the. Work- is Pcncmlly- in to or upon:Subsuintial Completion; to the mination,of quantities and Ncz Work under otlicr 4uilifi6tions; stated 14.5.1 the: conditions precedent to -CONTIRL1CtOW1 being entitled to such pyttlent appear to. have been fUlfilled insoEd as it is 'ENI(jINTEIZ'stespof-oibibt'vto-ob-serv'e-Lh--c Work.. Hovvewr. 'by recommending any such payment ENUNTEM - � will not; thereby he deemed to have representedlhiit: W.g�ihausaim or continuous, on -site inspections ltave lien mask to check the quality or the .quan"( of the- Work" beyond the responsibilities specifically nssighed to. FINGINEER'in' the Contract DocumentsI or (a) that thereeindv'riot ba,other ina-utus or issues `66ged'i the" par,fws, .that might entitle CONTRACTOR to be paid- ndditionallyjbY.'QVrNER or entitle OWNTR to ytithhold p0ymcni tc;CONTRACTOR 14.6 MNGTXCMs rccamin&x1adon of anypayment or (T cable 'to the, ..filrmthing cti­ �or I . or . any 'fililure of erforin or furrush Work in, 14.1 ENGINTEERImiy reffi!,ic torecoxurrimcithe whole f r _P or Orly part.o any:pa3ment if; in EN,MF _s ciinion, it would beincorrect to make 'the 1T*Ep-rC,SMfa'ti0rS to 29 ' EXHIBIT 4 — REVISED PLAN SHEET — PLANNED QUANTITIES Replace plan sheet #2 with the attached plan sheet (total 1 sheet) 1 I I 1] Addendum 1 ' 7376 Skyway Drive Transfort Improvements - Gateway Center to S. College Avenue Page 8 of 9 OWNUIZrclened to-bi paragriph 14.5. &',TGlN=-mav alsoTefu*sdin recommend' anysuEhpl;}7nent, or,bqiezuse of subsu e.ndy• discdvinici cvic6, or the reiults. of stibscc I " - " * - , tuts, Q6116. any such. pa-)Tficnt I - .. � �Icll .. Inspections: O� ��s, j pmvjomlv,. recommended to -such - mxteril as may be iti EMIN9EFks Opini6h, to k rrqm lo-&k because:. I - 4:7;2.. the Contract Price has.brcn reduced by Written AmendmemrcrC.hanizcOrder, _ 14:7 OWN`FR_ )its been rquirea to correct Werk or accordancewith' puraEraph 13.14.%or RNGNEER..bs. actual kul o%Vlcdgc of the: pcClIrrence ca__-2ny ,of the c;ents enumerated in purapnphs. 15:2:1 thrmiih 15:2:4 M'Chlsivc. OWNER mayjcf�d to make payment of the full amount recon . )meP&d by:ENG1iKF5R_bc6 14:7.5,.,clilims finvc 66cn, niiide agiiihst OWNTER: on account piff6r;iqnck or fionisiting of thc,Work; 1A.T& Lieris have, bc6,fi'kd in,'connebtion with the: %vhef;.cON�rkActc)k has. Mivaad m-- .%PCC)fi,c Bond m ttst a I cto . ry t secure OWNER to scc the satisfaction , , zind ctisellar . . g . e I of stic"ic . ns, 147.7_ there to a ,bffpgdinst the -6m Sdnt recbmtiejindedor 1A31. CM -INTER, has actual knowledge of the &6uricnu� of Airy or the z even , Ls .. enameruted 'in paMTA pl 4 1_gthrough 3 par, - 4.73 -or, gaphs 15.2.1 4.7.1' t �hrough 15:2 4 inelu'si've' -but DVWNER must Piye. CONTRACTOR, immethate, IYtiqen noti6c- (%yith 6,_copy 'to ENGINEER) stating dic .reasons for sitell action and promptly pay,COTTTtrvCTOk the JiumouhtT66 withhor _n-'.adjuAmen_vjh�ieto afire i6l -&� n-V'� by _.OWNE�g--- a. hd . �CONTRAGTOF. wh . en I CONTRACTOR. corrects to OWNERs -sitisfaction the SubstanoaL Conrp&6pn: 14.S.. kVJ-in'tOiqTPAC..TOR-Cu-m"cos & entire W&k Wak to dete thine t)ic'status of Lmrripletion. If EFR does not:coftsiclei the Work substantially E. NGINEEK will riciff), CONTRACTOR. in givin-a the ,reasons Lhuefir [f, DqGIINEER. - EICDCGENULAL COINIMIC)INS 19io-S 099U 1366M) 10 w/crTyoi.-ioR-rLaLLim-3ioD1f7c.4710NS(REN,4f2g(K),) or the tVorksubstTn ally complete, �GINLZR ircrind deliver. to CAVNER -1 tentiztivelcertifiuiie ;ntigl'Cumpletiun vvhich shall Evc lhe date of il,.C§rnplellonz, Tliereshall be atta&d to the a- tentative list of items. to leum'Oleted or tolle,final-pa},nicntlOk VKER�;hslj hayiseven t of the lentlitivi certificate ddringyrhieh written'objeciipri to tNGMEER" as. to 3nv of the certificate or attached liit;` If. after such ,objcctiuns.LVGINRER.corkludes, that is not�,b taintinlIX Lom and antral to be tinsilmynicnL and ,14,9,' OWLNTR sh4 the jiizJit 16 excludc COI,FrRACTOR frorn the WA- � fteir_, the 76te of 4 1­ � - bti _0W.N '4611 Substantial Comp ction. t MR� allow CONMV3TOR TeaisonabI6 access td.comp'lcte. or correct items oil I ist -, - ­_� , , , , - be rtady cpmplctc. the woric request Z to Use i0yes to to.issue. ii qcr(ificate'ol Substantial l3r that pin: of the Work_ 11 and sUhitamially complete andrequesiUNG13,I)EER to issue a'-C-Crti[iM- LC of Stll-&a-17162-1 COrinphi-iibn fur- than tof The Wcrk-- AlftTut :d"reasnhable tiiile•a fier eit her such re&tuesi. &MN -P,,.TDINTRACTOR and ENGINEER shad inakic 'an inspa:tion, or that.. -part of the Work:to &tirrn"irie.its :isms. of, coinpintion- If LNGNEEk does not xconsider that part of . the %V o L rk-to -- - ,be substantially complete;!LNGL\ Ill. will riotify. 01Vi4ER'*iM'-t(DT1TTk- &0'R* rn--%-vn*'tinggiving, the Tens . therif6r, i1f-hNGf*-ER cors icleis�,Ihat &M or the,�Vor�, to be--q1bs1iuTTiaUy conipletc,'dic provisions :of parngra.phs.14 F-and 14-9wall apply -with respect to c&rtifi6aticii: 6f ' s ritisil CoinpIcTib; nrt6t pan Of the-Work'and the divisiont of rispohsibifityjm respect Thereof and access therc'to': J4.102z lNoocc-upancyc . ir separate opernfion of'pan i of the Work will bcacdortiplished to contpliante iih 06 fecluirerne his-W-jvnijaph 5'1 S-.in- respect of pro[" insuilancc% M11DI In.speci.fon. 14.11 - U'pdri V%rrittft nonce frodi. PO'NIT K,ktfbR that'66 is tiro •Work- or an: agrBed - p6nion Thereof is :complete;, IRNOTNE-M- Will rn;&-6 a Inal• iMpectiorii ivith OWNER .and CONTRACTOR andvill notify CoijT-RA(TCOR. in tinting Ting of.all )wrriculars in which thus itivspacdcn reveals that theW.ark isincornpletc or ay?cnve., cq.KrrRA.c'r'CR. ilmninunediatclyuke such measums as are necessary To or remedy s6iih'deficiencim 9 1 U-3 (100 EL6601) %v/C1 1Y0fF0KTC0LLW-J M43D JFJCATICTN5 (tL8'4,-b(Kji to firrnish. such a. release, or -receipt in full, CONTRACTOR may, fdrni4i a Dond. 'or other collateral satisfictory to OWWERto indcruniN,OWNER aminst any Lien .:Releases ,or NvaiversoNiens' And the curise-rit or the surety to finalize, baNment arj: to"bc7submitted on forms ennfbrniihe to the fornwit'of the OWNeWS standard 16nifs bound in'the Proiect inanual- fees! PaY,nient zzirdAc6eptance, 14.13. If, on the basis ul 0,IGI3\=Z's bbserviuion of lhie1 Li dd -1- �. .. . W k construction and firui-;ut SP-'C'C1iM,L, -and s been of on& well retirees the Ahe , Ap'pljr-nhion- in 2; in jqdjca i ' "'-w*-rjlling-`the' reasons for ftrn&6d'71P poy'rricnt,— in. Which: case Z shall inakd the necessarv,donectiom and plicatroti.'Thirty days after picsentationto the Application , and accompanying in approlinatia: feift-and obstainct and ER's reconinkridation and notice of c iamouiv, •i&'o-mmencled; by., ENGLNTEER uc and will hLIiiid4by"CAMER in 14.14. 4- -through, no -fxtilt of 'MMLACTOR, fiord, eOrn'pleficji, OfAhi IV&k is 66Ticantly' delayed and if IRNGNMR so'confinis, OWNER 4alL.bpon-receipi or CONTRACTOR'S ftiW Application' for Payment and retornnimlation of ENGINEER,'-inid-w-idiout icriminating die . A. --re ernent, make payment of the I balanceAue for thatportic;-oftfic Work fully'c6mplaed and.accepted, if the reniaining, balance to be held tb%-. OWNER .- for Work not firfly completed or corrected is leis Than thi retainage Stip�jl'jtjd n'the �g_je�ffij�i,4 M, ancl ir,136nds have been furnished asrequiTed inpanigraph5.]Ahe vmitterlconseriL of the, surety, to the:PRN4Tient, of the balance due-. for that the terms and conditions'governing Cowl CIA, that it Shan 'not, cunstiOute4 waivei- of T4wl - er.q-, CN; fit a 14,15" Thin -moue L and a,cc�tiuide of flOp';Ynienivill constitute: '14,1M.n,wanier of all clairns,by'OWNER. against CONTRACTOR except -claiiM arising karn ,Lifisitdid-Uie!is, froni <kf?ePti'e'Vark ippearing after 31. 11 final ,,ihir=piirsumnt io paragraphI4.11. from -t ams. of. ar�, s %Vithothe Contirget, Documents at the , pecial,guararaces specified therein or from CONfRACTOR's�commivaig obligai!ionsunder the Contracibuo6ent5i ai d 14. 15.2 A wdivu, of,idl -diians 1n, 'CONTRACTM against OWNER'&Ker th:a; those previously made in lvntin4 andstilkinsettled.. ARTICLE .-I 5-aTSPE.NSION, OF NVORK AND TbtNthNATiov 61PA7-:R Alai, Su5p-efull time and ' without cause, O�VNER k Dranypo'nJo'n thereof for aqicriod c iew _days by noaice .in - Writint on which Work will Nxesurned:, CONTRACTOR shall iirk.on the date. War' " so'fixed QONTRACTOR shall an 4jus"i in the- Contract -Mice or an punsio.n. -.iir =c�tmcit Times, lor b�kk directly, attributable. to any -:such sus -j6fi- if coNiRAcmlk pens makca.an alipro'ved- 'cLmfn •, th - crefor as provided- in Aurticfesfl and 11'. M\ER :11aji1:qinhihw 15.?: upca dic occurrence of'itoy one or more of the f(?ljon I I-w1'geyents; the Work in accordance wfifi thc (mchiding'bw not limited.id, fajluriiosupply,stifficicra. sk-j11ed,wodkqs* or §uitibie` maiefialio,or equippent ar rhilum i0'a'dhCrC1d the' rL5p'rcivess, schcdu1c,:tis6blished and�r* pw,a, K-,) () , , - 6 ' - _qmp ... . a m time to time - szed .Q ,fr pursuant . ,to pareguph 6.0)� 1'S_2''22. if CO'NTRA _R disre-rds \C,7 0 ga Laws" or M " j ' . i e Uri cl Bia, if -COINT R.A-C- TO R- dide ga the ailth6dty of 1'5;14 if CO-N-I'R-ACTOR otherwise - -Violates in mw subs�i . �.i&ices of .(fie, to=ael. Docurn_cnts,; OWNER, may, after giiirg dom-RA&& (and the surety.:if-any) seven,dxvswnderi notice mml Lathe extent permitted .by"Laws iindIR;cauhitions. terminate the services of CONTRrNCTOR excluile CONFTK4UrORL!him the silei and take_ po�ioh of the Work rk- and I of, all CpN1TRACTORS " toukapplisnixs, construction equipntehf andinachbien, at lhiilsile ii,nd.iise the same (a th; fall.extent they could be used by CONTRACTOR (without liability tc, tcbw.-RA'CJ7CR For trcspaSs . OF convtniun).. incorponi'le 'in- ihe"-work-'alf'materials. and has paid EJCDCCENDU,L COM)MdtES 1910.09911 C66M) 32 W/ (717Y OF FORT 0OLIN"Zi-MOMFICATIONS (RL\14(201J0) I CON'TRACTOR but which are stored elsewhere, and Lasuch case CONTRAcTbk shs a not bc.cnt entitled d to receive inv further PaYaart until the orkis fiashedIf the unpaid , . balimcc, of the C6mmc1Jice eecerds all vlaims, custs. hy OWNTER arising out of . cr r esultina, from com pleting-, the Work such excess wil I be paid '!&:C-d_.N=kCTCR If ,mh claims, basis, losses and balance, 'cs exceed iu6i� unpaid balance , CONTRACTOR &differ�to,ONVNER. claims costs P oVel2s'pTnYd diiiiiPicis ihcikred:by OW*NER,.V.M be r&' fy'jNGDqa_R7as, - tb_lheir iea-so"niabGiess and: No;en so approved by ENGh1NEhRincori5oiiated in ii,Change Order, provided dial, When * e=6sing my, rights or lemcdies under paragraphOWNER shall "not be requirei to obtain the,Wort pe[fomted, 153.. Whirc CO NTRA&YdR's- sm icei, hnvc bLcn. so team unitEd by OWNTEP Co -. t6 t inali will. not aflect ativ rights" or. . remedies of -.0WINEP :against c6NiKk*C,TOR' then. 66stirig or whkhmay. thereafteraccrue. 'or Any r . etc , rition or Ti . ayment �m oneYs due I . . coxTR.Ae-rok b y OWNER i vill not. release, CO\fiItACTOR tram liability 15,4. UNTI. r�Nven- .dayd' wji - qLn noux to 1 PONTRA,CjqR, and ENGIII�IESR,._ . OWNER- may, without cause and wilhout-finj to any other right or remedy bfOWNi ej&t.io-tern!i6ate lfie Agreement: fn such CaLie'. CONTRACTOK'. shalt be paid. (without ,Ii.4.1. for,coiiiplavil and a6cC6tab1c,Vc,'rk executed m.accord;inec with the Contract Documents prior to the elTemiVeLdaub ov�ihrmmndbn J;pclud6j, Fair and reasonable sums, for ovei�ad� and pFolli, on such Work-, 15;4.2-- ,for expenses sustained prior to the effective datc:_of lanninn-ti-on,an. perform-ing`.,;su-vi=- and labormitterialsor-e- - - --- I quipmcnt as by. thw'Contrad ,Dbcuments in:connection_with uncompleted Worl- phis fair and reasonable -SIM s for -onrhead'and pjqfitqq such .ex lxnses. 1543-.Fo-r all clnmis; costs losses. and damages mctured Subobram�cldrs: 561:0-tie'rs an I Toihers;,and 15;JA f6r reasonable expenses Aire.aly. nfiributalble to term mation. "Of�ACTORshall n_o' �4rted profits or revenue ansout0rorret�rto Slop, i;,WW* ISA lf,throul;hno.acior fault el the q% 1. 1. � I -1 . 1­ 1 . . Work is suspended ford pen6d 'of-moretIb - an runety, days by, Q%vNEr. qunder an:order ot court or other public authority, cr ENIGMEER fails to ad cat any Application "T cat within thirty days after it is' -submitted or. mi,;_v1fiij1sf6r__Lhir:y,6' r� ' VCONTRACTOIZ,am. ys to sum finally.deiermined to be .due' then CONTRACTOR marupon seven days' writien-notice to OIAWER and BqG1`,ZEEF_ and prow ided. OW NER of ENGINEER do not remedy such suspension or Wire within that dm - terminate the, Aote . ment and recover from OiV,\jER pn}mierit on the -same ,termseas provided 'in h ramgmp.. 15.4; In lieu ofterminking the Agreement and without prejudice to any othfi r,Wit or remedy, if ING I]NTMR ha]s•failed 10 !ct on an Appllciiion for Payment within shiny days after it IS submitted. or OWNER has failed for thirty days' to pay. CONTRACTOR any stimfinallydetermined to be. Lkie bj�. CTP_ACTOR may'upon sevenday�', "Tittm notice.to OWNER and LINGINEFI? stop the Work until I:Ayrnert of all 'such 'amoara due CONTRACTOR, including interest tfiffeot.�- The prowisioris of this paritgraph.13:5, are nor intended to preclude CONMACTOR ffom makii* claim undir Articici I i and 12 for an inurciisc -in Contract Price ,or c6m]ract;Timcs oir -ot1henvLse for oTienscs . or'damag . c directly attributtiblero, CO.NURAC!MRs stopping Wdlz 8.3 permitted by this' It paragrap ARTICLE 16—p1spOr-t kESOLMON lf.artd.to the extent: fl-ik OWNER aM ' M�NI'RACI'OR have *agreed on die, method and pr ocedure for resolving ,dispires between them. that miy.arise under this .Agreement, such dispute resofution method.and procedu . re if any, shall be as set,Wth. in Exhib.itGC­'� 'Dispute Resolution Agreerne7rit", to fxauached hereto rin&madc'a parr hereof.' If no such. 'a , greemerd on. the , method and prou4n: for resolving such.di Tutes; has. Been reached, and subject to the provisions .of,r)arngraphs,9.10i.9.11 and 9,12. OWNERand :CONTRACTOR rnay evzercise such rights or 'emedivi as cither may otherivise have under the Contract Doctmlmts; or by Lams or'Reguladiurts'irt resp-ect of any dispute. ARTICLE 17—NUSCELLANTOUS 17.1- Whenever am, provision of the Contract ur Docricills requires. the' giv'tigr of written notice, it will b I e &enied tolhave,been,*Yalidlygiven if delivered in person to the,indiYidual or to a member or Lh� firni, or to an officer of L he.Lv rp . uunion-for I Lion f or whum'it: is intcndvd;or if delivered at or .sent. by registered cn cerUcd � mail, pos696 prep9itL, to the last buairimsaddrcss kLhc;A-n: to the jpiVer of the notice'. 17:2: Cvnrpittation of Time IT.2.1. When any, period of time is referred to in the Contract DocurrictiLs by days, it t611 Lv computedw c\cIudc Lhe'first., and include the last day.of such period If the hist.day-ofanywch period -fails on it Saturday or Sunday or on a:day made -a legal holiday by the LaNvof the "applicable jurisdiction. suchdav will be timitted,6rm the cornPuttitior) ig I *-z (197oEdti a o WICI rY OFI--ORTCOLLI.k-,,%10011;ICt-nC)l,5 tMEVArOOO) 17 2:21 . A . cale . ridar d:iv of (iVen . ty4bur h6urs measured &07*�- M* lit to* th mill constitute a -day, 17.4. the duties and obli2xitions imposed by theseGeneral Condirions and the rijbis'and remedies a6ilahle, hereunder to the parries hercto,,_and; in . paruicuJar but mthou . L .. hn I ibitica, the warranties, guarantees and. the d at& not - to be construed in any,way, m,a limitation V rullittsand ronedles availableru any.or all of Eherri :kire othmviscimposed or a-Mable, 1iy La%vs.or ations-by special warranty'or guarantee or by. other ions or the contract Documents; and the provisions s ptiMgmoh, y611. be. as afeciivc as if r c.pntcd Wally in the Contract Docurnents.-tri,connection.with Qrticulai duty, obligatiom right arjd Nmody to'which Profevnal Fees and 175: Whenever refeTenco is made to lclaims;, costs, losses tail damages it shal]'includc'i'n each'cascl, but not tie lit Red to. all fees and charges of etigin;ers. archikcL-, attorneys and other, professionals and all cowl or arbitiiu'on6r.odwrdispute resolution ,cctsts. 126, T lheJaws of AStale o(_CpjmdQ_1WJY29,_1bJj2 A rimmn.�Refqince to two r-eftinent Colorado statutes are as foil j 7,62 If a ulaim,, is filedl, -O%VIU is required by. law (CR5:38-26-107) to,mihhold from all MyMents to .CONTRACTOR sufficient funds •toy insuro the Oymcm: ot"All claims for labor- materials, team hirct sustenance. orovisians, provender. or other =supplies. used or coreatmed by. CONTRACTOR or* his 33 .i� e1CDroisNF]UI.CONLH710h51i_i0.(155�Eyiiail w/ CITY 01; rORT C'Ot UZZ A10DU•7C.4 f1ONS akLV n 2DUo1 (Thtspagelch blink intenUonally.) (t990 EiRiqj) IV/ MY OF FORT COLL] N-JMOOIFICAM? I 'S (REV,1/2000i 35 tj WDCOENERAL CO,N MOl.S 1910$.p99V R(5600. 36 WIMYOI+ FORT MIJMMOD1FIC.AIlONJ(R6l' 400MI i J 1 I 11 I 1 I EXJ-1TBTT GC -A to General Conditions nf'the: Construction Contmet. Behycen OWNER aPd-CONTRACTO-R Dim= REs6LIJ-17lOIN AGRrMN1nNT 0111N1R and COMERACTOR hereby Age* that Artiyl5 16'of the of thc'Ccnstrtiction cancracr between "OWNER -and CONTRACTOR* is amended to ii1clude'Llie foll6wing dgmilcrif Or the parties: 16.1, All claims,.disputes and other. makers in Ctucation beween'bWNER and COPTIR 'ACTOR emir; out or or rawting,to the Contract Oocumcmi or the breach thereof (except for claims -Which have 6&n.waived by:thc miikirtg,or acceptance of.final payment As provided :bry paragraph 14.15) will. be decided by arbitration in accordance ivithi -thi..Construction Industry Arbitration 946; of the American Arbitration kss;66tion then bbtain suhjpct (!S the limitatiohs,of the Article, 16. This Agreement , so to•lla . r6arat , c . a any , other Agreement- or consent to aibithite cntercd'lnto in Accordance herewith as" p.roy�jdcd in�thisArdcic:16 ivill$d specifically icrforoinbl- indcr the prevaI ling lacy r� any court having jurisdiction: 16; 2. No demand for arbitration of any claim, dispute or other matter that .15 . irvJ to tic referred to LNGINUR 4niiiilly f6r recision in accordance with th 9J1.�vill be rnadL until:thc earlier of (a) ihc!date "whIWGINEEP. hasrcndcr6d a. written decision or (b) th6 thitty-first dayafter the parties have presented their evidence tc*U�1GJN=- ifA,written decision has not been rendered by ENGINEER Wtirc that dit;-. No demand for arbarat-toadVarty such.clairn, dispute or other matter will' be made, later than thiir, days Alter the date on which FNGNEFR has• rendered A written decision in rqq-rut thereof in accordance, withn I g . r, paaph-9.J % and the failure to demand Arbitration within said thirty days. period will. result in ENGWEEM'decision being' final: And binding upon OWNER. and CONTRACTOR. If, ENGI]NMER renders a decisim allaarbitration proceedings have been initiated 'suclit decision may beentered iis.evidence:but %%ilU n: not Supersede the arbiirh1i6iVocoadinPs,. *here:the 4xccot *herethe for arbitration. of Any writieft decision of 214ME R rendered in accordance with"paragraph 0. 10 will be made later thitmien days aflcrthepany making such demand has dcfivcrcd'wrkten notice of intention to appeal as pr&i&d in pira &ph 9;- 10 16.3. Notice of the demand I'm. nrbitnitian will be filed in writing' with the other pafiy to the A,. I rec . meat and with the American -%rbitnitionAsses ration and a dopy will be sent to ENNGlT=- 'for information- The demand for arbitration will be -made within the thirtymdiiy or ten-day period tpccified ik_paraerAph16.2 Ai appUcabIc.-and*in all other cases withiri a reasonable Limee . after th. claim. dispute or other matter in question has ariscrt.and in N event shalL any such demand be made after the (Late whcn institution of legaEor equitable pr6cce(firitzs based on such claim; dispute or other matter in question would, be barred N the applicable statute of limitations. EJMC (jE"TKAL CUNUIll JK5I N O-S (1990 Edtim) MY OF FORT COM1.1,NMODFFICATIONS (REV 9199) 16,4. F_Ncept as provided -.in paragraph ik.5 Wray, no arbitration arisig, out or irxr relating to the Ctantracl Dxurrents shall include by cansolidatiM i'Dirider ormi am. uther manner Any other person or. criti . ty (including �ENGLNTEER_ ENGIN=s Consultant and ihe officem. directors.agek� ernployees of'consultnnts; at . a - ny, 6 r them) who is not s parly,to this conp-act�urnizss: 16.41. the-mclusion of such other.person or entity is necessary kiplete Tel . acf i s to be'all'ordcd aMCn-.L rea i ' d dypart�,Lodie,erb' .!Arat2nv iiql 16.4.2. such other person or entity, ty, is vabstzritially involved in a question of law or fact which is common to thos who are alre'ady partiss to the.nrbitration.and -which will arise in -such procccdiyigcand. 16..4.3. the written consent of the other person. or entity sought ,to be :included and of OWNER and CONTRACTOR has been obtained for such 'incltlscin;. Which Consent Shall make specific reference to this paragraph', but no such consent "I constitute consent toa.rbitr�aticin of any dispute not specificially descritivd in such consent or to arbitration with Any party not specifically identified in such consent. 16.5: lNobVidistanding paragraph 116Aif -a claim, &%purc or othu matter in question betwun ONVNFR and - CONIZUtACT OR involves the Work at" a SuWoritiactor, either OWNER or CQ?,rI'RA&QR-m , ay join such .Subcontractor as a part), to the arbiaration between 01ANER and CONTRACTOR hereunder. CONTRAM-OR, shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the ' Subcontractor6ansxints. to being joined. in an arbitration between MV1lFR_and the W6 CONTRACTOR involving Work of i such S I ubdtiritractui:. Nothing in.lis paragraph 10.5 nor in. the trovision. of Such subcontract consenting to joinder shall (,Tate Any claim. fight of caus%o of Action m favor of subconimclor. and agAinst Okvl\TEa?. MiGWEER or 0140LN]M-R!s Cortailtarits,thqt does i1of othawise exist, 16.6. The award rendered by the arbitrators wOl be final, judgment ma)-'[?- entered upon it in any court baying jurisdiction thereof , Arid' it will not be I subject to modification -or appeal, 16.7. 01WER and CONT RAC that they Shalt first Submit any and a7t= claims,, o�iunterclainis. 'disputes and and makers' in cluestion betweenthereafisinL, out of at- relatingrelatingto the Con t rea Do6umts or the breach, thereof - C'disputcs), to mediation ion b%.. the American Ajl�tniiicin Aisocisaian, under the (foristruction., .=d %Mlediation Rules of the Amefican .4bitntioni tick prior to either of them initiatingt ugainst, the oth& a demand for arbitration pursuant -to para gray)M 16.1 -through 16.6, unless delay an, trutiatirtg arbitration would irrevocably prejudiceone of thc-perum The rcsTicarvi: thirty And ten day time limitswithinwhich ,to file a- demand for Arbitration as provided in paragraphs' 16.2 and 16.3 above shall. be suspcndod'wiLh respect to a. drsfxilc submitted to mcchatim with -in those same appitca blc:tim - i: limits and shall remain suspende&until ten days After the termination of the mediation- The mediator ot'anydisNtcsub6iittedioniediaiibntinder this Agreement dispute'ur-dessatfierivise ;1&eed. I eid)cc;enali I. CON-DI•11ONS191a31i99IJe,Rjj.S wi cm, pF FQR T CQL1-I h$ \(pUIFIG1Tf0yS; IRFV 91941 1 I II 1 1 1 1 1 I SECTION 00800 SUPPLEMENTARY CONDITIONS 11 m m m m m m m = m m m m m m m m m m m SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 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). I ' SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment 1 1 1 i 1 1 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Skyway Drive Transfort Improvements — Gateway Center Drive to South College Avenue CONTRACTOR: Vogel Concrete Inc. PROJECT NUMBER: 7376 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 Project File Engineer Contractor Architect Purchasing DATE: DATE: DATE: DATE: = M M= M r M= r� M M M M M W r M M gprfinn nnaan 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. APPLICATION FOR CONTRACT AMOUNTS PAYMENT Work Work Completed Completed This Previous Bid Month Periods Item Unit Number Description Quantity Units Price Amount Qty $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $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 Amount Qty $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Work Completed To Date Amount Qty. Amount $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PAGE 2OF4 Stored Materials Total This Earned Percent 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 ® I" ® ® ® " "a ® " � @a a " ® ® ® ® w 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 .w nn $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 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 1 1 1 1 1 1 1 1 PROJECT SPECIAL PROVISIONS Skyway Drive Transfort Improvements Gateway Center Drive to South College Avenue City of Fort Collins Bid No. 7376 Prepared By: Fort Collins City of Fort Collins Engineering Department 281 North College Avenue Fort Collins, CO 80522-0580 (970)221-6605 Skyway Drive Transfort Improvements Gateway Center Drive to South College Avenue COLORADO DEPARTMENT OF TRANSPORTATION , SPECIAL PROVISIONS SKYWAY DRIVE TRANSFORT IMPROVEMENTS GATEWAY CENTER DRIVE TO SOUTH COLLEGE AVENUE 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 202 — Removal of Tree 8 , Revision of Section 202 — Removal of Asphalt mat 9 Revision of Section 202 — Removal of Concrete 10 Revision of Section 203 — Proof Rolling 11 ' Revision of Section 203 — Excavation and Embankment 12 Revision of Section 203 — Shouldering (Recycled Asphalt) (Haul and Place) 13 Revision of Section 207 — Topsoil (Imported) 14 Revision of Section 403 — Hot Mix Asphalt 15-17 Revision of Section 403 — Hot Mix Asphalt (Patching) 18-19 Revision of Section 601 — Miscellaneous Concrete 20 Revision of Section 608 — Detectable Warnings 21-23 Revision of Section 625 — Construction Surveying 24-25 Revision of Section 630 — Construction Zone Traffic Control Utilities 26-30 31 Skyway Drive Transfort Improvements Gateway Center Drive to South College Avenue COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS SKYWAY DRIVE TRANSFORT IMPROVEMENTS GATEWAY CENTER DRIVE TO SOUTH COLLEGE AVENUE 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 412 — Portland Cement Concrete Pavement Finishing Revision of Section 601 — Concrete Batching Revision of Section 601 — Concrete Finishing 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 — Water for Mixing or Curing Concrete 2 Date Page 32 (February 3, 2011) 33 (February 3, 2011) 34 (February 3, 2011) 35 (July 29, 2011) 36-37 (February 3, 2011) 38 (August 19, 2011) 39 (May 5, 2011) 40 (February 3, 2011) 41 (February 3, 2011 42 (February 3, 2011) 43 (February 3, 2011) 44 (February 3, 2011) 45 (May 5, 2011) 46 (February 3, 2011) 47 (February 3, 2011) 48 (February 3, 2011) 49 (February 3, 2011) 50 (February 3, 2011 51 (February 3, 2011) 52 (June 16, 2011) 53 (July 28, 2011) 54 (February 3, 2011) 55 CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00400 Supplements to Bid Forms 00300-1 - 00300-3 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 ' 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 ' 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00635-1 00640-1 00650 Lien Waiver Release (Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 ' 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -All - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 ' 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS Skyway Drive Transfort Improvements Gateway Center Drive to South College Avenue 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 — Senior Buyer — Tim Kemp, PE Phone: Engineering Department Fax: City of Fort Collins email: 281 North College Avenue Fort Collins, CO 80522-0580 John Stephen Purchasing Department City of Fort Collins (970)416-2719 (970)221-6378 tkemp(a)fcgov.com Phone: (970) 221-6777 Fax: (970)221-6707 email: istephen(c�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 Skyway Drive Transfort Improvements Gateway Center Drive to South College Avenue 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 (3j Construction Traffic Control (4) Removals (5) Earthwork (6) Erosion Control (7) Curb, Gutter and Sidewalk (8) Seeding and Landscaping (9) Utility Coordination 4 Skyway Drive Transfort Improvements ' Gateway Center Drive to South College Avenue SUMMARY OF WORK PART 1 GENERAL I� 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 A 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. u 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 0 5 D 0 I i L 1 1 1 1 1 1 1 1 1 1 1 1 1 F Skyway Drive Transfort Improvements Gateway Center Drive to South College Avenue 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 1 Skyway Drive Transfort Improvements ' Gateway Center Drive to South College Avenue 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. ' 1 1 1 1 1 1 1 I 1 1 1 7 1 I 1 Skyway Drive Transfort Improvements Gateway Center Drive to South College Avenue ' REVISION OF SECTION 202 REMOVAL OF TREE 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 trees 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 removed trees shall become the property of the Contractor and shall be disposed of outside the project site. Tree stumps and roots shall be completely removed from the proposed ' sidewalk locations; either by excavation, grinding or as approved by the Engineer. Subsection 202.11 shall include the following: The removal of the existing tree will be measured as each. Excavation, grinding, cutting and mulching will not be measured and paid for separately, but shall be considered incidental to the work. Subsection 202.12 shall include the following: ' Payment will be made under: Pay Item Pay Unit ' Removal of Tree (3 Inch Caliper or Less) Each I I I 1 n. I Skyway Drive Transfort Improvements Gateway Center Drive to South College Avenue REVISION OF SECTION 202 REMOVAL OF ASPHALT MAT 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 6.0 inches to 8.0 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 of the asphalt mat will be measured by the lineal foot and paid for separately. Subsection 202.12 shall include the following: Payment will be made under: Pay Item Removal of Asphalt Mat Sawcutting (8 Inch Asphalt Mat) 9 Pay Unit Square Yard Lineal Foot I 1 1] 1 Skyway Drive Transfort Improvements Gateway Center Drive to South College Avenue REVISION OF SECTION 202 REMOVAL OF CONCRETE 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 concrete pavement, curb and gutter 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 concrete pavement, which is anticipated to vary in thickness from 8.0 inches to 12.0 inches, shall be removed in a manner that minimizes contamination of the removed concrete with underlying material. The removed concrete 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 concrete will be measured by the square foot of pavement removed to the required depth and accepted. Sawcutting of the concrete will be measured by the lineal foot and paid for separately. Subsection 202.12 shall include the following: Payment will be made under: Pay Item Removal of Concrete Sawcutting (8 Inch Concrete) 10 Pay Unit Square Foot Lineal Foot I Skyway Drive Transfort Improvements ' Gateway Center Drive to South College Avenue 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. I 1 ' Skyway Drive Transfort Improvements Gateway Center Drive to South College Avenue REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Section 203 of the Standard Specifications is hereby revised for this project as follows: ' Subsection 203.04 shall include the following in the third sentence of the first paragraph: ' The Contractor will be paid for fine grading work to meet the plan elevations for the proposed sidewalk at the Contract Unit Price for "Subgrade Preparation (Sidewalk)" per Square Foot. Compaction of the subgrade material to the satisfaction of the Engineer, prior to concrete placement, will not be measured and paid for separately; but shall be incidental to the "Subgrade Preparation (Sidewalk)" pay item. 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 ' Borrow Cubic Yard Muck Excavation Cubic Yard Subgrade Preparation (Sidewalk) Square Foot 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. 12 I SECTION 00020 INVITATION TO BID Skyway Drive Transfort Improvements Gateway Center Drive to South College Avenue 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) 13 Pay Unit Ton Skyway Drive Transfort Improvements Gateway Center Drive to South College Avenue REVISION OF SECTION 207 TOPSOIL (IMPORTED) Section 207 of the Standard Specifications is hereby revised for this project as follows: Subsection 207.01 is hereby deleted and replaced with the following: This work consists of importing topsoil material onto the re -graded slopes at a depth of 4 inches (minimum) for those areas which will receive native seeding. The topsoil material shall be generally evenly distributed throughout the project limits. 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 distribute 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 haul and distribution of the topsoil material onto the re -graded slopes. Payment will be made under: Pay Item Topsoil (Imported) 14 Pay Unit Cubic Yard Skyway Drive Transfort Improvements Gateway Center Drive to South College Avenue 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 Property Test Method SG(100) S(100) Patching 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 (design) 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. 1161 Skyway Drive Transfort Improvements Gateway Center Drive to South College Avenue 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 (3/<) 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: 16 Skyway Drive Transfort Improvements Gateway Center Drive to South College Avenue 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 Hot Mix Asphalt (Patching) Pay Unit 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. 17 Skyway Drive Transfort Improvements Gateway Center Drive to South College Avenue REVISION OF SECTION 403 HOT MIX ASPHALT (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 (100) (PG 58-28) shall be used in all locations. 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). 18 Skyway Drive Transfort Improvements Gateway Center Drive to South College Avenue 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 (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 19 ' Skyway Drive Transfort Improvements Gateway Center Drive to South College Avenue I 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. 1 [1 1 1 20 I Skyway Drive Transfort Improvements Gateway Center Drive to South College Avenue 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. 21 Skyway Drive Transfort Improvements Gateway Center Drive to South College Avenue 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: (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 1 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. ' 22 I [1 1 SECTION 00020 INVITATION TO BID Date: April 9, 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 May 1, 2012, for the Skyway Drive Transfort Improvements — Gateway Center Drive to South College Avenue; BID NO. 7376. 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 7376. The Work consists of concrete sidewalk construction along the south side of Skyway Drive from Gateway Center Drive to College Avenue. More specifically, the project includes the following: removals as defined in the plans, utility coordination, earthwork, erosion control, ' concrete curb and gutter, asphalt patching, concrete sidewalks / curb ramps, seeding and construction zone traffic control. 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 17, 2012, in Conference Room 2A at 215 N Mason Street, Fort Collins. ' Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. The Contract Documents and Construction Drawings may be examined online at: • City of Fort Collins BuySpeed: https://www.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. 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. Skyway Drive Transfort Improvements , Gateway Center Drive to South College Avenue 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. 23 ' Skyway Drive Transfort Improvements Gateway Center Drive to South College Avenue 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 Wav 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. ' 24 1 Skyway Drive Transfort Improvements Gateway Center Drive to South College Avenue 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. 25 I Skyway Drive Transfort Improvements Gateway Center Drive to South College Avenue I 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). tIn 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". 26 Skyway Drive Transfort Improvements Gateway Center Drive to South College Avenue The Contractor shall be responsible for ensuring safe passage through the work zone for vehicle, pedestrians and bicyclists. 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. 27 I I I J 0 Skyway Drive Transfort Improvements Gateway Center Drive to South College Avenue 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: 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. DThe 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. e2. 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, O 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 28 I Skyway Drive Transfort Improvements Gateway Center Drive to South College Avenue 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 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 -call' 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 Cityprior 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/II 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. 29 I I I I I I I I I 11 11 Skyway Drive Transfort Improvements Gateway Center Drive to South College Avenue 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. 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 COLLEGE AVENUE (STATE HIGHWAY 287): 1. Cross street traffic shall be maintained at all times unless authorized by the City in writing. 2. Construction or repair work will only be permitted on College Avenue between the hours of 9:OOam to 3:OOpm (except in the case of an emergency) for a lane closure of the southbound acceleration lane. 3. Two southbound travel lanes on College Avenue must be open at all times during the duration of the project. 4. Flagging will be required on College Avenue for all material delivery in accordance with City approved Traffic Control Plans. 5. The City will approve Traffic Control Plans for College Avenue. 6. The City will file for a Variance Permit through the Colorado Department of Transportation (CDOT) for approval of the Contractor to work on College Avenue. ' Pay Item Pay Unit Construction Zone Traffic Control Lump Sum Construction Zone Traffic Control JCS) Days I Construction Zone Traffic Control (Flagging) Hours Variable Message Boards Each/Day I �I I I 30 I Skyway Drive Transfort Improvements Gateway Center Drive to South College Avenue 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 forfinal 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. 31 i I I I STANDARD SPECIAL PROVISIONS I I I I 11 u I I I I I I I I 32 I No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for ' opening Bids. The OWNER reserves the right to reject any and all Bids, and to waive any informalities ' and irregularities therein. Bid security in the amount of not less than 5% of the total Bid must accompany each Bid ' in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, , shall have, a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any , supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do ' business with the City of Fort Collins is prohibited. City of Fort Collins 1 James B. O'Neill, II, CPPO, FNIGP Purchasing & Risk Management Director ' REVISION OF SECTION 103 COLORADO RESIDENT BID PREFERENCE a February 3, 2011 1 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. 33 I i 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) L i i C i i i I i i 34 I I REVISION OF SECTION 106 CERTIFICATES OF COMPLIANCE AND CERTIFIED TEST REPORTS I February 3, 2011 1 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. 35 I 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 1 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 1 36 I 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 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 anew 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. S. Field Verification Process Complete. When the field verification process described above is 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. 37 I 1 1 11 I r 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. 38 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. 39 i i LJ I I 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 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; (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. 40 REVISION OF SECTION 109 MEASUREMENT OF QUANTITIES I February 3, 2011 1 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. and permitted weight of each vehicle for which the State has issued an overweight permit. 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. 41 I I i. I I February 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: In subsection 401.17, delete the third paragraph and replace with the following: 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. 42 F 1 SECTION 00100 INSTRUCTIONS TO BIDDERS I REVISION OF SECTION 401 COMPOSITION OF MIXTURES — VOIDS ACCEPTANCE I February 3, 2011 1 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. 43 7 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: 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 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. 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. I 44 REVISION OF SECTION 401 TEMPERATURE SEGREGATION I February 3, 2011 ' 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 °F 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. 45 i I I I I I I �1 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 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 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 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. Delete subsection 711.01 and replace with the following: 711.01 Curing Materials. Curing materials shall conform to the following requirements: .r-- xcxtrzz w ny A i za+ Burlap216th made frorn Jute�or Kenaf �� y # ��AASHTOrM"' xd r'td,,+ h3 ^�°,aw .r `k''r^3 .,�H-, e * ^"2 Liquid Membrane -Forming Compounds for Curing Concrete ASTM C 309 Sheet'Matenals for�sCunng Concrete �KAASHTOM .y{.'� 'Only the performance requirements of AASHTO M171 shall apply. 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. 46 t February 3, 2011 REVISION OF SECTION 412 PORTLAND CEMENT CONCRETE PAVEMENT FINISHING Section 412 of the Standard Specifications is hereby revised for this project as follows: t 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. 47 1 1 i I I I I [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. 48 February 3, 2011 REVISION OF SECTION 601 CONCRETE FINISHING Section 601of the Standard Specifications are hereby revised for this project as follows: L 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 i 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. L 49 1 11 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. 50 I 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 Alj+aneostutoOg"Cn Si n Barricades (Temporary) X VerticalsPa�e_S� 'WX% to iffi " � " Flaggers Stop/Slow Paddle X X `t©-rumsz 3 ; a > `...tX'a'W�> Non -orange Fixed Support X signs with prefix "W" xTS MljWamin"`[Si`n_s - `' v I ` FMIMOMMUMMMA STOP sign (R1-1) YIELD sign (R1-2) WRONG WAY sign (R5-1a) X DO NOT ENTER sign (135-1) EXIT sign E5-1a 1DE3TOUR sin (M49)orM111,101,19 x - "� M MC� .. „',Jr'c All other fixed support signs' X X All1'ot1Lr signs used•only �X X`h ' .. Burin nworkm shouts d . c� 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. 51 1 1 1 1 I 1 1' 1 1 1 1 1 1 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. 52 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). 184i=414I,f�Ye70:1191911ON0a0Zi16111&LA, �y 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. 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 Combined A • gr�a�:Mix'Design• ;' ,;... 1�8, .' Combined Aggregate (1/10,000 tons, or fraction thereof 20 during production 53 i 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. I I I 1 1 1 I 1 I 54 1 i I February 3, 2011 REVISION OF SECTION 712 WATER FOR MIXING OR CURING CONCRETE Section 712 of the Standard Specifications is hereby revised for this project as follows Delete subsection 712.01 and replace it with the following: 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. 55 J 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 Iperform 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. 11 Financial Services City �1 Purchasing Division F®rt Id Floor PO Box 580 i C®l�s For Collins,Mason 8t. 52 Fort CCO 80522 970.221.6775 970.221.6707 Purchasing fcgov.com/purchasing ADDENDUM No. 2 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 7376: Skyway Drive Transfort Improvements - Gateway Center to S. Collge Avenue OPENING DATE: 3:00 PM (Our Clock) May 1, 2012 To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed in the following sections of this addendum: Clarifications Not Resulting in Changes to the Bid Documents: A. The following question was brought up during the advertisement process. Can you provide the Bid Schedule in Excel format? The Bid Schedule in Excel format is included with Addendum #2. B. The following question was brought up during the advertisement process. Please define the requirement for detouring pedestrians "through the work zone", specifically when work is going on along the south side of Skyway Drive (where no facilities currently exist) and along College Avenue (between Skyway and the bus stop)? The Contractor will be required to provide a safe, reasonable detour route for pedestrians along Skyway Drive during the project. The north side of Skyway Drive is the suggested pedestrian detour route. All materials and labor necessary to create and maintain the pedestrian detour route (ex. orange safety fence, barrels, signs, etc.) will be paid under Item #630-01 Construction Zone Traffic Control of the bid schedule. Per Addendum #1, Transfort has agreed to a temporary relocation of the College Avenue bus stop. C. The following question was brought up during the advertisement process. Per the Summary of Work in the Project Special Provisions, there are up to nine days of "Anticipated Calendar Days Lost to Adverse Weather Conditions" between May and June. Due to the short schedule and the inability to make up days if the "Days Lost" occur near the end of the project, can you consider granting extensions to time for all "Days Lost" Addendum 2 , 7376 Skyway Drive Transfort Improvements — Gateway Center to S College Avenue Page 1 of 2 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 11 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 I 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. t11.1. 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. 1 1 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be J ' 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. r14.1. 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 L 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 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 F] 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 Lthis 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 SECTION 00300 BID FORM I SECTION 00300 BID FORM 1 PROJECT: 7376 Skyway Drive Transfort Improvements — Gateway Center Drive to South College Avenue Place: Date: A,, 1. In compliance with your Invitation to Bid dated 20 and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, ' Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining ' to the Work to be done, all of which have been examined by the undersigned. 1 3 Accompanying this Bid is a cegi ied or cashier's check or standard Bid bond in the sum of AV ($ fo(.S, y--, ) 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 ayment Bonds is as follows: C,,,-erac4ar `s BO^I 4 ri— Jor T 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. i through al 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. (Seal - if Bid is by corporation) ......... . r LORPOR,q jF ads SEAL RESPECTFULLY SUBMITTED: No/tioe,inrrc.irP)na T_tip. CONTRACTOR �) BY: Printed Date Title License Number (If C330 JO ut ` Co Ile, ff lf I Frt- Ball" s . Co_ 8oszs— Telephone _5 '` 10 - —'IkV- J'80 Email 1 � &rd aQ t/o9e.1 rornr.re.-�'e_. C_n n ,City of ..Fort COliins SKYWAY DRIVE TRANSFORT IMPROVEMENTS City of Fort Collins - Capital Projects "Unit -.. Cast -.. _ ; Total Cost _ Ref k Item p _ Item,Descriptfon .' Quantity Uri!( - 1 201-01 Clearing and Grubbing (0.5 Acre) I LS $ 3.490,00 $ 3,490.00 2 202-01 Removal of Tree (3 Inch Caliper or Less) 2 EA $ 250.00 S 500.00 3 202-02 Removal of Sign 3 EA $ 75.00 $ 225.00 4 202-03 Sawcutting (8 Inch Asphalt Mat) 200 LF $ 4.50 S 900.00 5 202-04 Removal of Asphalt Mat 37 SY $ 15.00 $ 555.00 6 202-05 Sawcutting (8 Inch Concrete) 60 LF $ 4.50 S 270.00 7 202-06 Removal of Concrete 200 SF $ 2.00 S 400.00 8 202-07 Removal of Fence 140 LF $ 0.95 S 133.00 9 203.01 Unclassified Excavation (Complete In Place) 400 CY $ 14.45 S 5.780.00 10 203-02 Borrow 50 CY S 14.00 S 700.00 11 203-03 Muck Excavation 50 CY S 28.90 S 1.445.00 12 203-04 Shouldering (Recycled Asphalt) (Haul and Place) 45 TON S 17.10 $ 769.50 13 203.05 Subgrade Preparation (Sidewalk) 6.800 SF $ 0.35 S 2,380.00 14 203.06 Flowable Fill (Utility Backfill) 10 CY $ 74.50 $ 745.00 15 207-01 Topsoil (Imported) 100 CY $ 27,17 $ 2.717.00 16 208-01 Erosion Log (12 Inch) 995 LF $ 2.90 $ 2.885.50 17 210-01 Reset Sign 3 EA $ 70.00 $ 210.00 18 212.01 Soil Conditioning 0.35 ACRE $ 4,470.00 $ 1,564.50 19 213-01 Mulching (Weed Free Hay) 0.35 ACRE $ 2.770.00 $ 969.50 20 216-01 Seeding (Native) 0.35 ACRE $ 4,900.00 $ 1,715.00 21 403-01 Hot Mix Asphalt (Patching) 10 TON $ 167.00 S 1,670.00 22 412-01 Concrete Pavement (8 Inch) 200 SF $ 7.00 S 1.400.00 23 506-01 Riprap (9 Inch) 5 CY $ 85.00 S 425.00 24 607-01 Fence (3 Wire Smooth) 155 LF $ 7.00 S 1,085.00 25 608-01 Concrete Sidewalk (6 Inch) 6,800 SF $ 4.00 S 27.200.00 26 608-02 Concrete Curb Ramp w/ Truncated Domes 210 SF S 9.50 S 1.995.00 27 609-01 Curb and Gutter (Type 2) (Section II-B) 245 LF $ 19.00 $ 4,655.00 28 613-01 Electrical Conduit (1 Inch) 40 LF S 4.00 $ 160.00 29 620-01 Sanitary Facility 1 EA S 270.00 $ 270.00 30 626-01 Mobilization 1 LS $ 2,200.00 $ 2.200.00 31 630-01 Construction Zone Traffic Control 1 LS S 4,140.00 $ 4,140.00 32 630-02 Construction Zone Traffic Control JCS) 105 HR $ 32.00 $ 3.360.00 33 630-03 Construction Zone Traffic Control (Flagging) 120 HR S 22.00 $ 2.640.00 34 630-04 Variable Message Board 15 EA I DAY S 121.00 $ 1,815.00 BID TOTAL: S 81,369.00 Skyway bid lab Vogel 2012 xis tbk i I 1 F due to weather? "Anticipated Calendar Days Lost to Adverse Weather Conditions" were factored into the Contract times for substantial completion and final acceptance. The City will not grant an extension of time for "Days Lost' due to weather. D. The following question was brought up during the pre -bid meeting. Please verify the requirement for a "full time superintendent whose sole responsibility is to monitor and coordinate all facets of work"? The requirements were clarified in Addendum #1 E. The following question was brought up during the advertisement process. Please confirm that the Contractor is responsible for permit costs per 6.13 of the General Conditions? The City has applied for the City of Fort Collins Excavation permit and the Colorado Department of Transportation Special Use permit. Both of these permits will be at no cost to the Contractor. Additionally, the City will incur the cost, if applicable, for the electrical connection to the proposed bus stop shelter pad. Per Section 6.13 of the General Conditions, the Contractor will be responsible for obtaining and paying all construction permits and licenses other than those listed in the above paragraph. F. The following question was brought up during the advertisement process. Where will the 10 CY of flowfill be installed (Item 14 of the Bid Tab)? The flowfill will be used to backfill the abandoned Century Link phone pedestal (sheet 5 of the plan set) before placing the new sidewalk. Additionally, flowfill will be required if any shallow utilities (less than 12 inches from finished grade) are encountered at the southwest corner of Skyway and College with the removal and replacement of the concrete apron, curb, gutter and sidewalk. Please contact John Stephen, CPPO, LEED AP, Senior Buyer, Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. ' Addendum 2 7376 Skyway Drive Transfort Improvements — Gateway Center to S College Avenue Page 2 of 2 City of Fort Collins Ref # I Item # IN WORDS Eighty One Thousand Three Hundred Sixty Nine Dollars SKYWAY DRIVE TRANSFORT IMPROVEMENTS City of Fort Collins - Capital Projects Unit, Skyway bid tab Vogel 2012s1s tbk SECTION 00400 SUPPLEMENTS TO BID FORMS t 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors I I L� i 1 1 1 1 SECTION 00410 BID BOND Vogel Concrete, KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned Inc• as Principal, and as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 7376 Skyway Drive Transfort Improvements — Gateway Center Drive to South College Avenue. NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of May 1 , 2012, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL Name: Vogel Concrete, Inc. Address: 6330 S. College Ave. Fort Collins, CO 80525 UAL <!i/ • \\tt•'--- -••,0 ���.►�! :'Nc CORPORATF ,SEAL oaf �'06n1111N0' SURETY Contractors Bonding and Insurance Company 5300 DQ'C Parkway, Suite 490 Greenwood V411a e 00 80111 c� „ Title: Attorney -in -fact J n 79 (SEAL) ®�j�j Contractors Bonding and Insurance Company e Strcct P.O. box 9271 P.O. ox92 .n nu ce.g.ar Startle, WA 93109A271 Know All Men by These Presents: POWER OF ATTORNEY Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That Contractors Bonding and Insurance Company, a Washington corporation, does hereby make, constitute and appoint: WR. Withrow. Tyler Withrow, Megan A. Birown. Bud Withrow. jointly or severally in the City of Denver State of Colorado its true and lawful Agent and Attorney in Fact, with full power and authority hereby confelTed, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million and 00/100 Dollars ( $10,000,600.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attomey in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The Contractors Bonding and Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of Contractors Bonding and Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings 4A the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings; Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, the Contractors Bonding and Insurance Company has caused these presents to be executed by its YjLyg President with its corporate seal affixed this 13th day of March 2012 ntractors Bonding and Insurance Company + •.• Die Vice PTcsidcm State of Washington ,yam ,• ' SS �i '(JA 4311i (i��O,`` � County of King err ✓ t"•rC��oNo,. � r, irg r1111v`7� CERTIFICATE On this 13th day of March 12012 I, the undersigned officer of Contractors Bonding and Insurance before 1ne, a Notary Public, personally appeared Roy C. Die , who Company, a stock corporation of the State of Washington, do hereby being by me duly swonm, acknowledged that he signed the above Power of certify that the attached Power of Attomey is in fidl force and effect Attorney as the aforesaid officer of the Contractors Bonding and and is irrevocable; and furthermore, that the Resolution of the Insurance Company and acknowledged said instrument to be the voluntary Company as set forth in the Power of Attorney, is now in force. In act and deed of said corporation. testimony whereof, I have hereunto set my hand and the seal of the Contractors Bonding "and Insurance Company this .1 St , day y� of INav ,L012. �)V'-elm-- Contractors Bonding and Insurance Company Joseph B. t utter Notary Public Z ttt Roy C�Vice President President 0575529U3291 A005951I NotarY Public stole or Washington JOSEPH a. MULLER MY COMMISSION EXPIRES March 29. 2012 17 I 1 1 SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS 1 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 1. Name of Bidder: 1 2. Permanent main office address: 3. When organized: %Va 4. If a corporation, where incorporated: c3T 1 5. How many years have you been engaged in the contracting business under your present firm or trade name? 1 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) 1. 1 General character of Work performed by your company: 8. Have you ever failed to complete any Work awarded to you? If so, where and why? i 9. Have you ever defaulted on a contract? If so, where and why? 10. Are you debarred by any government agency? If yes list agency name. i 9 11, List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. 12. List your major equipment available for this contract. 13. Experience in construction Work similar in importance to this project: (a—io 14. Background and experience of the principal members of your organization, including officers: 15, Credit available: $ 16. Bank Reference: 17, Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? �s 18. Are you licensed as a General Contractor? ,f/ If yes, in what city, county and state? What class, license and numbers? 19. Do you anticipate subcontracting Work under this Contract?�1 S If yes, what percent of total contract? /J-�k And to whom? /V1141V _ SeezL ' o..1,4y f f f20. Are any lawsuits pending against you or your firm at this time? AA IF yes, DETAIL f 21. What are the limits of your public liability? DETAIL lt4 . What company? 22. What are your company's bonding limitations? A f 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 fcomprising this Statement of Bidder's Qualifications. at /,�:PJO v... this /ram day of /i/,, 20f� fDated Name of Bidder f'By: %-� Title: State of ' County of T� 9`/ being duly sworn deposes and says that he fis of �c --f . , and that � (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct. fSubscribed and sworn to before me this P day of20-1-� f/ (Seal) Notary f blic / r'-H z /�/��/� My commission expires: f f SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract. ITEM SUBCONTRACTOR SECTION 00500 ' AGREEMENTFORMS ' 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed 1 1 1 1 1 1 City of Fort CoWns Purchasing ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Financial Services Purchasing Division 215 N. Mason St. 2n" Floor PO Box 580 Fart Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/Purchasing Description of BID 7376: Skyway Drive Transfort Improvements - Gateway Center to S. Collge Avenue OPENING DATE: 3:00 PM (Our Clock) May 1, 2012 To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed in the following sections of this addendum: Exhibit 1 — Revised Bid Schedule Exhibit 2 — Clarifications Exhibit 3 — Revised Specifications Exhibit 4 — Revised Plan Sheet - Planned Quantities Please contact John Stephen, CPPO, LEED AP, Senior Buyer, Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Addendum 1 7376 Skyway Drive Transfort Improvements - Gateway Center to S. College Avenue Page 1 of 9 ' SECTION 00510 ' NOTICE OF AWARD DATE: May 3, 2012 ' TO: Vogel Concrete Inc. PROJECT: 7376 Skyway Drive Transfort Improvements — Gateway Center Drive to South ' College Avenue OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") ' You are hereby notified that your Bid dated May 1, 2012 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 7376 Skyway Drive Transfort Improvements — Gateway Center Drive to South College ' Avenue. The Price of your Agreement is Eighty -One Thousand Three Hundred Sixty -Nine Dollars ($81,369.00). Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately ' or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date ' of this Notice of Award, that is by May 18, 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 conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. ' Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. ' City of Fort Collins OWN ' By. Ja s B. O'Neill, II, CPPO, FNIGP Di ctor of Purchasing & Risk Management I SECTION 00520 ' AGREEMENT THIS AGREEMENT is dated as of the 3rd day of May 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 Vogel Concrete 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 7376 Skyway Drive Transfort Improvements — Gateway Center Drive to South College Avenue and is generally described in Section 01010. ' ARTICLE 2. ENGINEER The Project has been designed by the City of Fort Collins, 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 twenty-five (25) 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 ten (10) calendar days after the date when the Contract Times commence to run. ' 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the ' Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. ' They also recognize the delays, expenses and difficulties involved in proving in r 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 Hundred Dollars ($500.00) for each calendar day or fraction thereof that expires after the twenty-five (25) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Five Hundred Dollars ($500.00) for each calendar day or fraction thereof that expires after the ten (10) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: Eighty -One Thousand Three Hundred Sixty -Nine Dollars ($81,369.00), in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES ' CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 1 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. If, in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of ' 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. 1 L 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 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 1 I 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: 1 COVER SHEET 2 PLANNED QUANTITIES 3 HORIZONTAL CONTROL PLAN AND LAYOUT SHEET ' 4-5 EXISTING CONDITIONS AND REMOVAL PLAN 6-8 SKYWAY DRIVE PLAN AND PROFILE 9 COLLEGE AVENUE PLAN AND PROFILE 10 POTHOLES OF EXISTING UTILITIES 11 RAMP DETAILS 12 - 14 CROSS SECTIONS 15 - 16 EROSION CONTROL AND RESTORATION PLAN The Contract Drawings shall be stamped "Final for Construction" and dated. ' Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 2, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents ' pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, ' modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ' ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the ' General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests 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. I 1 1 I I I 1 1 [1 1 OWNER: CITY OF FORT COLLINS By: JAME B. LOa'N Et L 111, CPP0, F N I G P _ DIRECTOR OF PURCHASING 1! AND RISK MANAGEMENT Date: Attest Ad d re P. O. Box 580 Fort Collins, CO 80522 Approved a to �orm , Assistan ity `Attrrney CONTRACTOR: VOGEL CONCRETE INC. By: .7eW � PRINTED Title: Date:0Q, fcbn BfJ SEAL) . SEAL Addr)0s for giving notices: 6 ,:�4':) X(y1-� ELLA L(Lug, c2n kXEZ-'5- License No.: I i SECTION 00530 NOTICE TO PROCEED Description of Work: 7376 Skyway Drive Transfort Improvements — Gateway Center Drive to South College Avenue To: Vogel Concrete 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: ITitle: 1 ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this _day of , 20 CONTRACTOR: Vogel Concrete Inc. Title: SECTION 00600 ' BONDS AND CERTIFICATES ' 00610 Performance Bond 00615 Payment Bond Certificate Insurance 00630 of ' 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 1 1 1 1 1 1 t 1 1 SECTION 00610 PERFORMANCE BOND Bond No. CSB0010354 KNOW ALL MEN BY THESE PRESENTS: that Vogel Concrete Inc 6330 S College Ave, Fort Collins, CO 80525 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the 'Principal' and (Firm) Contractors Bonding and Insurance Company (Address) PO Box9271, Seattle, WA 98109-0271 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 Eighty -One Thousand Three Hundred Sixty -Nine Dollars ($81,369.00) 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 3rd day of May, 2012, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 7376 Skyway Drive Transfort Improvements — Gateway Center Drive to South College Avenue. 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. FI EXHIBIT 1 - REVISED BID SCHEDULE Dint .Cost ,-��Total : Cost "Ref # .Item.# ;,..Item"Description? Quantity " Unit,'?' 1 201-01 Clearing and Grubbing (0.5 Acre) 1 LS $ - 2 202-01 Removal of Tree (3 Inch Caliper or Less) 2 EA $ 3 202-02 Removal of Sign 3 EA S 4 202-03 Sawcutting (8 Inch Asphalt Mat) 200 LF $ 5 202-04 Removal of Asphalt Mat 37 SY $ - 6 202-05 Sawcutting (8 Inch Concrete) 60 LF S 7 202-06 Removal of Concrete 200 SF $ 8 202-07 Removal of Fence 140 LF S 9 203-01 Unclassified Excavation (Complete In Place) 400 CY $ 10 203-02 Borrow 50 CY $ 11 203-03 Muck Excavation 50 CY $ 12 203-04 Shouldering (Recycled Asphalt) (Haul and Place) 45 TON $ - 13 203-05 Subgrade Preparation (Sidewalk) 6,800 SF $ 14 203-06 Flowable Fill (Utility Backfill) 10 CY $ 15 207-01 Topsoil (Imported) 100 CY $ 16 208-01 Erosion Log (12 Inch) 995 LF $ 17 210-01 Reset Sign 3 EA $ 18 212-01 Soil Conditioning 0.35 ACRE $ 19 213-01 Mulching (Weed Free Hay) 0.35 ACRE $ - 20 216-01 Seeding (Native) 0.35 ACRE $ 21 403-01 Hot Mix Asphalt (Patching) 10 TON $ 22 412-01 Concrete Pavement (8 Inch) 200 SF $ 23 506-01 Riprap (9 Inch) 5 CY $ 24 607-01 Fence (3 Wire Smooth) 155 LF $ 25 608-01 Concrete Sidewalk (6 Inch) 6,800 SF $ 26 608-02 Concrete Curb Ramp w/ Truncated Domes 210 SF S - 27 609-01 Curb and Gutter (Type 2) (Section II-6) 245 LF $ 28 613-01 Electrical Conduit (1 Inch) 40 LF $ - 29 620-01 Sanitary Facility 1 EA $ 30 626-01 Mobilization 1 LS $ - 31 630-01 Construction Zone Traffic Control 1 LS $ 32 630-02 Construction Zone Traffic Control (TCS) 105 HR $ 33 630-03 Construction Zone Traffic Control (Flagging) 120 HR $ 34 630-04 Variable Message Board 15 EA / DAY $ BID TOTAL: $ ' IN WORDS Addendum 1 ' 7376 Skyway Drive Transfort Improvements - Gateway Center to S. College Avenue Page 2 of 9 I 1 1 1 1 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 15th day of May , 201 2. IN PRESENCE OF: 1111 sAty// ` R°ORAT �.. SEAL. /11111110 IN PR N.CE, OF: lF � -7 t(Surety Seal) Principal Vogel Concrete Inc. (Title) 6330 S. College Ave., Fort Collins, CO 80526 (Address) Other Partners 0 0 Surety Contractors Bonding and Insurance Company sy�' 2U PO Box 9271 Seattle, WA 9810R---QoT-6CI.... (Address) - tiQs cc `+'' o 19 n �rON n ; ' NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 1 1 1 I SECTION 00615 PAYMENT BOND Bond No. CSB001 0354 ' KNOW ALL MEN BY THESE PRESENTS: that Vogel Concrete Inc ' 6330 S College Ave, Fort Collins, CO 80525 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the 'Principal' and (Firm) Contractors Bonding and Insurance Company ' (Address) PO Box 9271, Seattle, WA 98109-0271 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 Eighty -One Thousand Three Hundred Sixty -Nine Dollars ($81,369.00)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 3rd day of May, 2012, a copy of which is hereto ' attached and made a part hereof for the performance of The City of Fort Collins project, 7376 Skyway Drive Transfort Improvements — Gateway Center Drive to South College ' Avenue. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work ' provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or ' otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension ' of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. ' 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 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, ' each one of which shall be deemed an original, this 15th day of May , 20 1 ? S = (Co&pczate Sial)_ ' SEAL '1111"Agw�LANCE OF: 1 IN PRES�N/CE OF: (Surety Seal) Principal Vogel Concrete Inc. (Title) 6330 S. College Ave., Fort Collins, CO 80526 (Address) Other Partners By: By: Surety Contractors Bonding and InsuraRge,gompany PO Box 9271 Seattle WA 9810 -71 (Address) "_' r) N D ' NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. t Contractors Bonding and Insurance Company 1213 Valley Street P.O. Box 9271 Seattle, WA 98109-0271 Know All Men by These Presents: POWER OF ATTORNEY Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That Contractors Bonding and Insurance Company, a Washington corporation, does hereby make, constitute and appoint: W R Withrow, Tyler Withrow. Megan A. Brown, Bud Withrow, jointly or severally in the City of Denver , State of Colorado its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million and 00/100 Dollars ( $10,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. ' The Contractors Bonding and Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of Contractors Bonding and Insurance Company, and now in force to -wit: 'Ail bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant ' Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." 'IN WITNESS WHEREOF, the Contractors Bonding and Insurance Company has caused these presents to be executed by its Yim President with its corporate seal affixed this 13th day of March , 2012 ♦mo " Contractors Bonding and Insurance Company 3 •,G f979v "Tlidy C. Die Vice President State of Washington „ 5 J} SS County of King GJ ,rrll„y �99 CERTIFICATE On this 13th day of March 201� 9 ;' ,a� 1= the undersigned officer of Contractors Bonding and Insurance before me, a Notary Public, personally appeared i or' company, a stock corporation of the State of Washington, do hereby being by me duly swom, acknowledged that he signed the above 1;cji$A, f certify that the attached Power of Attorney is in full force and effect Attorney as the aforesaid officer of the Contractors Bonding, god' and is irrevocable; and furthermore, that the Resolution of the Insurance Company and acknowledged said instrument to be the voluntary Company as set forth in the Power of Attorney, is now in force. In act and deed of said corporation. testimony whereof, I have hereunto set my hand and tjt� seal of the Contractors Bonding and Insurance Company this I Ln , day of May 2012. J` pv-az--- Contractors Bonding and Insurance Company Joseph B. uller Notary Public Roy C. Die Vice President 0575578032912 A0059511 Votary Poblk State of Washington JOSEPH B. MULLER MY COMMISSION EXPIRES Much 29. 2012 Al O® CERTIFICATE OF LIABILITY INSURANCE 5/31/2012 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 Peak 360, Inc. 1600 Emerson St. Denver CO 80218 CONTACT Gary Friedman, CPCU, MSIS, RPLU, ARM, AAI NAME: PHONE (303)534-7325 FACN (303)623-7325 ADoae :gfriedman@peak360.com INSURE S AFFORDING COVERAGE NAIC p INSURERAILuto Owners 32700 INSURED VGL, INC., DBA: VOGEL CONCRETE 6330 S. COLLEGE AVENUE FORT COLLINS CO B0525 INSURER B:DWners Ins. Co. 32700 INSURER C: INSURER D: INSURER E : INSURER F: COVERAGES 1 1 1 1 1 1 CERTIFICATE NIJMRERCL1232900821 RFVISION NIIMRFR- 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 TYPE OF POLICY NUMBER POUCYEFF MMIDD POLICY EXP MMIDD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE aOCCUR 74037316 1/17/2012 1/17/2013 PREMISES R uv nce $ 300, 000 MED EXP(Any one person) $ 10,000 PERSONAL B AW INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO $ 2,000,000 X POLICY PRO- LOC $ AUTOMOBILE LIABILITY EOMaBIN4EDtSINGLE LIMIT 11000,000 BODILY INJURY(Perperaon) $ B ANY AUTO ALLOWNED X SCHEDULED AUTOS AUTOS 709905202 /17/2012 1/17/2013 BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED PPeri cid ^DAMAGE $ Medical camera S 10,00 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED RETENTION$ $ WORKERS COMPENSATION WC $TATU- OTH- S ER ANDEMPLOYERS'LIABILITY YIN My PROPRIETORIPARTNERJEXECUTIVE OFFICER/MEMBER EXCLUDED? N I A E.L EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYE $ (Mandatory In NH) u yes. eescdbe under DE SCRIPTION OFOPERATIONSbeloe E.L. DISEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ARach ACORD 101, Additional Remarks Schedule, if more space is required) RE: #7376, Skyway Drive Improvements. The City of Fort Collins is an additional insured under the General Liability policy and on going operations in accordance with all the terms, conditions, and limitations of the policy and then only for liability caused by the negligent acts of the named insured as required by written contract or agreement. jstephen@fcgov.com CITY OF FORT COLLINS PURCHASING PO BOX 580 FORT COLLINS, CO 80522 ACORD 25 f20101051 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 Friedman/GARY mn 1BRR_7ndn Arnan rnaonaeTlnM All A. kt� .ewe —A .' INS02512Dimslni Th. ACnRn name and Inn^ aro mnietnrnd mar4c of ArnRn A�i b® CERTIFICATE OF LIABILITY INSURANCE 5/3o�2012 Y 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 CONTACT COWest Associates NAME: Co West Insurance Associates PHONE (720) 524-9344 FAX WC N (720)524-9352 P.O. Box 101387 E-MAIL ADDRESS: INSURE S AFFORDING COVERAGE NAIC N INSURER A:Pinnacol Assurance 41190 Denver CO 80250-1387 INSURED INSURER B INSURER C: VGL, Inc. INSURER D: 6330 S. College Ave. INSURER E INSURER F: Fort Collins CO 80525 COVERAGES 1 Ai 9 NI rey-Ak amp, Ill 1-14:31 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 TYPE OF POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDD LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITYPREMISES CLAIMS -MADE F—IOCCUR EACH OCCURRENCE S ' _ c rr nc $ MED EXP(My we person) $ PERSONAL B ADV INJURY $ GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: PRO LOC POLICY IFQT PRODUCTS - COMPIOP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED F7 SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ BODILY INJURY Per accident $ PROPERTY DAMAGE r id n $ UMBRELLA LIAR EXCESS UAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DIED RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YINIR ANY PROPRIETORIPARTNERIEXECUrIVE OFFICERIMEMBER EXCLUDED? ❑ (Mandatory In NH) if yes, describe under DESCRIPTION OF OPERATIONS belay NIA 102132 7/1/2011 /1/2012 X WC STATU- DTH- E.L. EACH ACCIDENT $ 100,000 E.L DISEASE - EA EMPLOYEE $ 100,000 E.L DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) City of Fort Collins Purchasing Attn: John Stephens P.O. Box 580 Fort Collins. CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE .R. Withrow/AMID Gr✓� �.i l� (c 19AA-2010 ArOR❑rnPPnPATInN All rinhfe .nonrvnd iINS025 fmimsim Tha Ar.ORn name and Innn Ara rPnictPrnd mnrkc of ACr1RD I 1 L 1 1 i 1 w 1 �l i 11 1 1 1 1 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 1 I 1 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 7376 Skyway Drive Transfort Improvements — Gateway Center Drive to South College Avenue PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: Vogel Concrete Inc CONTRACT DATE: May 3, 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. n ENGINEER AUTHORIZED REPRESENTATIVE �G 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. 1 CITY OF FORT COLLINS COLORADO By: OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 20 TO: Vogel Concrete Inc Gentlemen: You are hereby notified that on the day of , 20_, the City of Fort Collins, Colorado, has accepted the Work completed by Vogel Concrete Inc for the City of Fort Collins project, 7376 Skyway Drive Transfort Improvements — Gateway Center Drive to South College Avenue. 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 May 3, 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: I I SECTION 00650 ' LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins Colorado (OWNER) FROM: Vogel Concrete Inc (CONTRACTOR) PROJECT: 7376 Skyway Drive Transfort Improvements — Gateway Center Drive to South College Avenue 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. 1 1 1 EXHIBIT 2 — CLARIFICATIONS Pre -Bid Clarifications Not Resulting in Changes to the Bid Documents: A. Per the pre -bid conference, the following question was brought up regarding "a full time site superintendent" (slide #10 of the Power Point presentation). Since this is a smaller project, will the General Contractor be required to employ a full time site superintendent who is on -site at all times? The General Contractor will be required to employ a full time site superintendent. This site superintendent will not be required to be on -site at all times. If the site superintendent is not on -site, he or she must appoint a person who will act on their behalf, and is on -site, and shall be responsible for coordinating with the Engineer. The City will require a point of contact person for any and all work that is taking place on the project. The point of contact person must be a full-time employee of the General Contractor or a full-time employee of one of the Subcontractor's. B. Per the pre -bid conference, the following question was brought up regarding the existing Transfort Bus Stop on College Avenue (slide #29 of the Power Point presentation). Will the City be able to temporarily relocate the bus stop while the improvements are being constructed on College Avenue? The City of Fort Collins and Transfort will temporarily relocate the existing College Avenue bus stop for seven (7) calendar days. The temporary location will be located north of Skyway Drive along South College Avenue (north of the project limits). The Contractor will be responsible for notifying the City a minimum of 48 hours in advance of the request to relocate the bus stop. Clarifications Resulting in Changes to the Bid Documents: A. As described in Section lll, above, a full time, on -site site superintendent will not be required. As a result of this change, the City has determined the Traffic Control Supervisor (TCS) will not be required to be on -site full time. The City has determined that a full time, on -site Traffic Control Supervisor JCS) will not be required in accordance with the revised specification for Section 630 — Construction Zone Traffic Control. The following line item has been revised on the bid tab: • 630-02 Construction Zone Traffic Control JCS) 105 HOURS Addendum 1 7376 Skyway Drive Transfort Improvements - Gateway Center to S. College Avenue Page 3 of 9 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of 20_ CONTRACTOR: Vogel Concrete Inc. By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20_, by_ Witness my hand and official seal. My Commission Expires: Notary Public SECTION 00660 ' CONSENT OF SURETY TO: City of Fort Collins Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Vogel Concrete Inc. ' PROJECT: 7376 Skyway Drive Transfort Improvements — Gateway Center Drive to South College Avenue ' CONTRACT DATE: May 3, 2012 In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for on bond of (Surety) i ' 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 (Surety Company) By: ATTACH: Power of Attorney and .Certificate of Authority of Attorney(s)-in-Fact. I I I 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) on nn hinT \r,rDITC IAI TUIC CMn! C 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- Trade name/DBA: Owner, partner, or corporate name: Mailing address (City, State, Zip): Contact Person E-Mail address: Federal Employer's Identification Number: Bid amount for your contract: $ . Fax Number. ( ) Business telephone number: ( Colorado withholding tax account number. r tv �s �.-^^�i` -wv �-&r e" ;ems?: Pat d.. dt3'L'4�{'�'6M 1 * r Coptes;of contractRor�agreement+pages p� NNSY �P}gbt[k1`lSw3Wg "B AWLv 75gim' ���t.. d,Y''. (11) identifymgathe contracting parties ;.,, Plu'378� ?A3 ' Mw 7�i�T�®IY°.� ands`(2)contammgstgnatures"f�ofcontractmsparties�mustbe�attached�, Name of exempt organization (as shown on contract): Exempt organization's number: 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date: completion date: ,.�� " . iAB C/�c�.27..4x V w' r= 0 1 �Ja 4 F fin% ' .�qT �`�-wsa92..`-3,zf� t� f ra?r.� +�±. ig n.sil t..h*�-T sx._„dri. =:v ti, -Y+ MN-7 1 declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer: Date: DO NOT WRITE BELOW I H15 LINE I I ' 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. tUpon 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 1 1 1 1 J 1 1 1 1 1 1 I 1 1 1 GENERAL CONDITIONS OFTBI CONSTRUCTION CONTRACT ThesY-GENERAL'CONDITIOM jhava beefi,&velop5d by, using the STAMARV02-kTERAL C6Nrwr1c)vs Or TIM. CONSZRLJC;TION ml,4 , Prepared by t'hC, Er gin'ecrt- Joint..Ctntrael, Docum ent§. Commiit&; Fl.(DC No. 1916-8 (19RI Editi6fi)i as a haic. Changcs to Lhat;documeril we shmm by und crlining-tca that - haslecri.add'ed and striking tlirvuo text ihat has'been deleted. EJCDC GUNFERAI, CONDITIONS 191 M (1990 -EDITION, WI'FHI,C.F,f Y,OF FORT COLLINS-MODIFICATIONS (REV 9/99) Article orParagraph, .Number .& Tide a-1 RIN, • r TABLE OF CONTLNTS.OF GENERAL CONDMONS Page Article or, Paragraph Number Number &Title 1.1 Addenda, .............................. ...... q ir 13 Agrccment......,, 1 1.3 Application for Payment; .... ,------- ........ 7 1.4 .-�sbcstos................ . I 1.5 Bid ..........:............ ::..................:.........I L(i Bidding Documents, .......... l 1.7 Bidding Requirements ..... 1 I Bonds ....... .................................. ........ J 1;9 Change.Order..:............ ....... _...... ......_1. 1a04 Contract.Docum cats_.....__.. 1.11 ContractPnee lJ2 Contract limes;,,;,,,, 1:13 CONTRACTOR.................................:1 i.ia rkfegive:..............................:...........:.I 1-.15 Drawings .. . -I 1.16 EI%ctive Date of the Agreement, .... 1 1.17 ENGL\EER ...:...... _................. �. 1.13 LNGIN=E's:Ctmsultani,__.,,:......... 1 1,19 Field Order:...•.:.:.,:_......::..:....:..:......:.:1' 1-26 General Requirements , ...... 1 _1 -Hazardous Waste.,.--.2 „ •....... I ............., ., 1.22:3 Lairs -and Regulations; Laws or Regulations., 1,22.b Legal FIoli6 s _ ] 23 Liens' ........................... :............ .......... 1.24 %filestone...... ......:................ ............... ?' 125 NoticcofAward ..................... :...::..._2' I.26 Notice to Proceed „ .2 1.27 01k'VER...............................................2 1 2S Partial Utilization„.-,,,.....I...................2 129 PCBs:_.:.:_.:., , T130 Peiroleum 1:31 Project. h32:a RadioactrvC.A4aterial ........ :................ ....� 1326 Regular:Workinn Hours.. 133 Resident -Project R,9reseittative.,:;.,... ..,? 1.34 Sample „ 2 1.35 Shop Drawings ................... 1:36 Specifications ...................... .... 137 Subcontractor .......... .................... ........ 2. 13S Substantial Completion 2 139 -Supplementary -Conditions,,;,,,,,,,,,,,,,,,,21.40 1.41 Linder•ground, Facilitis,,;,;,;,,;;,;,;;2-3 1.42 Unit Price Wok; ......:::..:..:...:..3 1.43 work.................................................: 1.44 Work Change Directive..-,.,._ 1.45 Wrilten Amecdmenl page Number PRELLMNARY MATTERS _,__,_....................... 3 2:1 Del iveryofBonds, .......................... ^^=2 copies of Documents,.,, ........ ....... .3, .; Corn mencement,of Contract Times; Notice to Proceed;--------------- 2A Starting the Work ............................ i 2.5-2.7 DeforeStarting:Constrmiion; CONTRACTOR's Responsibility to Report;. Preliminary &hcdiles; Deli'yery of Certificates. of Insurance..................................3j4 2.S ?reconstruction Conference 4 29 Initially Acceptable.Schedules:.., ,,.:4 CONTRACT DOCUMENTS: INTENT AMENDING, REUSE. 4 33=3:2. .intent 33 Rcfcrcnce'IoStan dardsandSpeci- fications of Technical Societies Reporting and Resolving Dis- crepancies:.... :....... ....... .... d 5 j.4 Intent of Certain Terms or Adje ct iv es .......................... . ........:: 3.5 Amending Contract Docunents 5 3.6 Supplementing Contract Documents .:....................... ...... 5 17 Reuse ofDocuments ........................:5' AVAILABiLrr.Y OF LANDS; SUBSURFACE A�!D PHYSICAL CONDIT oN5; REFERENCE POINTS ........................... :............. 5 4.1 Availability of Lands.....................5-6 4.2 Subsurface and Physical .Conditions._, ......... a 2.1 Reports and Tkawings .....................6 4.2.2 .Limited Reliance by CONTRAC- TOR Authorized; Technical Data........ .....................6 4,23; Nod6c of Differing Sdbsurfhce or physical. Conditions .................. 6 4:14 FN(77,iNEER's.Rev_icw......................4 4.13 Possible -Contract Documents .Change ... :.................................... 6 4.2:6 Possible Nice and Times Adjustments .........:.:...:....:.:..:... _G=7 .4 3 Physical Conditions; -Underground Facilities,,,,,,,,,,,,,, 7 4 3.1 Shojvn oc Indicated-..,___..- 7 ._..7 4:32. Not Shuwnor Indicated 4.4 Reference Points...............................7 'EJCDc GENERAL. cQtW1T101`St910.S b9,90 EDMON) wi CITYOF FORT COi.t. SA10DMCA_n0',N(RFV 9&)) 1 1 1 1 Article.or Paragraph Number 1" NtIc . Page -knic1cor Paragraph Nunix-r Niumlxr &- Tid, 4-3 A-IbeS'os, Petroleum, il, Zadolte or RidioaetNc Material: ................... 74 5. BONbsAMj.rNSURANQF ... ............. .............. S. 51 - 2 Feifbrmancrc-.' Payrnent and Other -DMCLS ............. .............. 53 1icensed Sureties and Insurers; Certibeares of 8 Insurance 9, 5.5 OWI\TtRs,Li bitit IniLvance 41 Y ­­ 9 5.6 � - .......... ............... P-6iler and Machinery or Addi- o . nal Property lasurance ..... 10 3.8 ]Naticcof6ocellation Proiision,--. J0 5;9 CoN7RXCT'OR's Respomijbility ... ,for 6educAle Amounts 3.. 16 Other 'I Insuranc .5. 11 waiv:er. of 5-12=5.13 R iuip'i and Application of Insurance Proceeds ... ­­ ............. 10-11 5,14 Accentdnce of Bonds -arid IMax, anca; 9pn6n to Replae,.! ........... ........ I I 5.15 Partial Utilization—Roperty Insurance- .... ...... ; ............................ 11 6. jcoNTRAcr6fvsREsPoNSmiLrms 6. 1 L6.2' Superyislon and Superintendence ....... 11 6.3-�6. J' �bbd.y! Materials and'Eq'uiftmmt 11-1 . 2 6:6 Progrem Schedule,........ ; ............. I 6.7 7sulxtilutn and "0 - r-Equal" Items, COkRALCT.ORS E. ense; 8ulislitute construction Methods orProceduIres., FN6ihfEERs l3viiluation A.­.12-13 Supplius and Others;. t�raive, timghts. ....................... j3-'14 6.12 Pkeitt Fees and Royaltic .s; ................. 14 G-13! Perm its ----- ............. --- 14: 6,14 L. awre and Regulations, ............ j 4, 6.15 Taxes . ....................................... ­ 14- 15 6.16 Use ourcrri=,s�*­ ... ....... ................. 15. 617 Site Cleardiness-.., ...... 15• 6.18 Safe,Strudural Loading....­ 6.19 Record ments:— .... .............. .1 1 . Docu 35 6._�() - Safervind Protection,_._,,,,,,,,,,,,,,, 15z16 I Safetv Re prcsentatiio ........... : ............. J 6. Hazard Ccwnmunicstion Programs.. 16 6,23 Emergencies ..................... ................ 16 6.24 Shop Drawings and Sam ples............. :16 Pigs Number- 625 Submittal Proccidures; CON= TRACTORS Review Prior tomop. Drawing or Sample ` ---------- '6—nri, a g&;Sample Silbmit- Shop-Drawing lij, Rmew I by ENGME­.. I 6-] 7 637'.Responsibility For Vanutians Fiurwco-htnct Document 117 6.28 Related -Work Performed Prior !to FlIvIGINTUR's Rcvi6v*and Approval of Required ........ 17 6.29- Conti . n tong fie WQrk........ 17 8.30. Warranty and Guarantee - 17 .6.31-3: 0 Ind . cat I hifi6tion 17 . 49 0,34 Survival.of0blig2tions .............. 7.. OTHER, WORK:-- ................... I's ReIated-W&L at Site. 77.., ............... 18 7-4 �Co6rdl . L , S. OWNERS RESP.ONSMILITFES ............. ; ....... j 8 H.I. Communications to CON-. TRACTOR ............ ­-,"­ ........ IS 8:2 'Replaciment of ENGINTER- ......... 18 83. Fdrnish*D6tia andPay Promptly When Due. Is .8.4 Landsand Easements Rcpons 8.5 ...... . ........... —.19 ,8.6 Change I Qnkrs 19 8.7 Inspections.Tests and 11�pjir&ajs ..... : ............ ........ 19 9:8 jstop or Suspend Wokk; Terminate ca\rrRAC-I'OR!s ......... 19 8.9 .............. LimitationsI - on OWNEICS Responsibilities.,,,,._, •„_,,­ ....... 8.I & Asbstar; PCBs; P'etrolcurn, ,Radioa.etivc Matcrial..............:.. Arrangements ............. ... J9 9. •F\;GnqFETS,.STARTS DURh\TGj CONSTRUCnON-.V.a .................. . .... . ........... 19 .9.1 0WNFR's'Rcpresentaivc­, 19 .9-i vints to Site.;_ .... 19 3 F76jeCt Represejitafi�e ............. 19-21 9,4 Clarificaticins and.Interpre- tations. .................................. 9.5 Authorized Variations in \wk-, 1= GENMALCONI)MbMS 1910-S41970 EDITIOM %Y(C.TTY. OF FORT COLUNN NVOI)MCAnONS (REVMI/ 1 Artiele,or Paragraph Page Ariicic. or Paragraph Number B:Title Nurimbcr Nurnbzr x Title Number 96 Rsjccting Defecrise Work .. .. .ill 13.3,13.9 Uncovering Workai ENGI- , 9.7--9.9 Shop Drawings, Change O drrs NLLR'S.Request 27.25 ahi'Paynients................... .. . .li 13.1G OMNrERNfa}' Stop the Work 23. 9.10 DetaminatiamsforUnitPriecq -, 'I" 13:11 'CoriectionorRcmoval -of 6�11-9.12. DeCisionsonDisputes ENGI Defeehne.Work 29 NEERasInitiallntcrprctcr,,,,,,,,,;?3 13.12 CcrrechonPtriod ,... 23 ' 9.13 Lunitations on EAGIN ERs. I113 AceeptanCro -ofDcfecnve'Wcrk : 2S` Author ity.E�-ndResponsibilities„_22.23 13:14 OWNCR 3,QayCorrectDefecrive Work _ 2S•29 GTItVvc`,ES IN fflb IVOrf, .... lU 1' OtVNER s Ordered Change ........ ........2 14. PAYMFTrCS TO CONfRAC I0R ANI9 IU.2 Claim fprAdjusimrnt 23 COMPLETION, oq 10.3 Worklim Reyurhd by Contract „__- 14:1 Schedule of G hies 129 Documents ., o- 14:^ Application for F7ogress. , 10.4 _ Change Orders ...., _ 3 Payment ..... �9 10.5 Notification of Surch;-------- ---------------- 23 143, CONPRACTOR's""Warranty of Title . .. .. ._. -_ ..... 29 CHANGE OF C ONTR CTPRICE......... I ...... _..... _.-2; 114:14 7 keylcmti of Applmauons fgr 111. 111.3 C oiitn$ct Price Claim. for. PropPWNYments ,,,. ,.. 29 40 , ,Adjusltn rnt; Value of 14.9-14;9' Substantial' Completion ,_,. .... 30 the Work „- ? _24 14:'10 FNraafUtiliiatioo 30-31 11.4 Cost ofthe Work 425 ..,..... 14:I1 FinalInspcc[idn .1 11.5 Exclusions to Cost of the We 4 1412 Final Application, for Payggcn, 31 , 11.6 CONrP-k-r Rs 25 14.13 14 14 Final Paympntand Acceptance - ,-31 CL7 Cost Recor 1s .,.. , . 25-26 14:15 Waivec ofCluims . „ ..,.31-n L1:3: Cash A cwanccs �6 _- h'. l"19 ................... ...... UraEPrice LVor), -.-„ ,,,,,,,,,,,,,_, , ., ,26 15. SUSPENS10rJ OF WORK 1NL) TFF �MATION, 2 C %NGE OF CONTRACT TR:4ES _ 26 l i;) 0XVNERMav Suspend Work ........ 12:1, Glarn.forAd�ustncnt 26. 152-15.4 01�'NER:IvIay.Tcmtnafc: 3" I^.3 Time of the Essence b, 15.5 COIyTRACTOR vlav Stop 12,3 Delaysuo d :ll CONTRACIORs Work or Terminate 32-33 ' Control-----,-.. .........- ... , 20-27.. . 12,4 DelaysBcyond OIVNER s.mid I& DISPUTE RESOLUTION. .......:............. :.:..:. 33 CONTRACTOR's Control 27 17 MISCELLANEOUS I ANEOUS ,,. - 33 ' TESTS .AND INSPECTIONS CORRECTION. 17:1 Gi.V,irg Notica REIvIOV,AC'ORACCEPTArN'CE OF 17.2 Cainptilatiodof Times; ;..33 DEFECTRTWORT. .., 7 IT3 NT66cc. 6fdaim 13.1 , Notice ofDefects- ,r7, 174 CumulnGvcRemedics „..,» )32 Access -to the Work-_- . ,. ,, , . i7' 17;5 Professional Fees and Court 133 Tests.and Inspec;ions• Casts in,cludcd.............................. ,i3 C0 7TiLACIOR's Cooperation;,, , „-,3T ] 7.6 APPlieablc State Lawn,;_--,,, ,,,,,, �D-34 13.4_ OIVNERsRemonsibilitics, Intentionally _left blanl..... ....;_.... Independent.TestirigLa.boratory, 13_5 CONPRACTOR•s E\T-IIBIT GC -A: (Optional): Respgnsibilitiu-;_.....:.:..::..::........... rl- Dispute Resolution Ag cement......,,_.._.,_,_, GC -AI 13.6-13.T Covering Work Prioi'o Cnspec- tion, Testing or Approval- --------- - --'7 16:1'-16¢ Arbitration. ,- 16.7 Mediation ,.-... _„ GC _AI LsJCDC GENUIW- CONVITONS 1910-S (1990 Futnovl wi CITY OF FORT C]1d.INS MODMCA nCe1''S nk-EV 9i99) ' INDEX TO. GLNI IZAL. CONDTTTONS: City of -Fort Collins modifications to.the GeneralConditions.of the Construction Contract are not shown in this:indee . Article or Paragraph Number Acceptance of — Bonds an d lnsunmce 'Wor6 .................5.14 defective ......................:. 10.4 1' 13.5; 13.13 tinalpaynient :....-,-' y.12 1415 insurance ............. ....... 5:14 other Work. by CCNTRACTOR . 7;3 Subsndites.and Or-f qunl Items f7.1 ............... y Work bOVNTFR........ -.. 1 ,5 6.30, 6.34 : Access to tho-- Lands,. OWNER and CONTRACTOR raponsibthttes.:...:- . _.: .:.:...: 4.1 site. related Work ,:----. 7;2 Work : ....:............... ................... .:13.2" 13.14, 14.9 Acts or Omissions--, Acts and Omissions. - ACTOR _ 6.911, 9.113 FR 620, 0 13,3 ...................... .....6.20. 8.9 fnition of (also see mofSpecfications) (1 6 11U 619I, I:l. •0pertyInsumnoe4, .....::..-:..:.,-.5,7 Contract Price orr-Contract Tunes 15 3.5, 4 1 4 3;? 4,5;y 4 5'3; 9-4, 9 5, l U_2-10:4, 1d.12, 14.8, 15:1 progress schedule I .... ,. ....... . ri.6 ,Agreem ent definition,o[ .................. 12 ....:........... "All-Risk.Insurance, policy form;,, 5 6.2 Allowances, Cash,,,,,,,,,,,,,,,, 11,3' Am ending,Coalract'Docomrnts __ 3:5 Amendment. Written 'in general,.- ........ ji 10 1 45 3:3 511(1; S.12, 6:6.2 C.B: , 619; 10.1; 10.4, 11.2 121, 13:1.2.2, 14.72 Appeal, OWNER or CONTRACTOR intent to_,---, ..., 9.10,'9A 1; 10;4; 16.2, 16:5 Application for .Payln ent- :definition- of ..::....:..........•.........-........................ 1.3: FNGTNEER's Responsibility ...... ..... . .. final payment...... 91 -4 9a35 1412-14`15 in general ...................... ^ 8; 2.9. 5.6.4, 0.1 , 15:5: progress payment _:.14.1-14.7 14; t1-14.7 ,arbitration ...... Asbestos — claims pwu cant thereto. 4;5.2, 4.5.3 CONTRACTOR authorized to stop Work .......4.52' definition of ..:................ 1.4 Articleor; Paragraph Num&r OWNER responsibility lbr.­ .,-....... .......... SS.1,8.It, p6ssible price and times change........................ I,S.? Authorized Variations in Work.,,;,,,, , 34 6.25, 6.27. 9.5 Ava tlability of Lands.,,,., 4 1. 8.4 Award, Notice, of —defined . .::... . ............I25 More Starting Constructtart ......... . . . . ....... .5-18 Bid —definition of;_,,,. _ ti5 (1.1, 1-10, 2-1333, 426;4;.6,13.11A.3; 11.9.1) BiddingDocuments. definition of ...:_ -':,:. ...... 116(68:2) Bidding. Requirements-defni born of ....,..,. ...1.7 (1.1, 4:2:6.21) ,:....... Bcnds-- acceptance of ...................... ,,,,.., ...,- , s:14 ....... - ,,.,- additional bonds .................................. 10.5, 11.4.5.9 Cost of the Work .................: 11.5.4 definition delivery of ....: „..,..,. 1, 5:1 final Application for Payment,_.,-_.._ 14712-14,14 general •. ........ .... l IOP5,1-5.3, S.ii; 9 13 10 5, 14.7,6 Perf6rmancej Pavment and Other ...-5.1-5.1 Bonds and.lnsurance--in general...... ............._.:5 Builder's risk "all-risk" policy form. . 5.6.2 Cancellmion Provisions; Insurance ,:,,.._ 5.4.11, ;8, 5,15 CashAllnwanccs J1:8 Certificate of Substantial Completion.,.,:.,, J.38, 630,2.3. .............................. ...... ,14:.9, 14,10 ... Certificates of Inspection; .-:9.13.4; 13:5; 14.12 Cerlificatps.of Insurance_ � 7, � 3- 3 471.5A..13, 0 6 0 5, 9, 0 14,-9,13.4,14.12 Change in Contract Price -- Cash Allowances:,.,,,, claim for price adjustment ............. 4Ai 4.2.6. # 5 5 I5 , 6.8 2, 9:4 ............. _9.5, 9,11, 10,2, 10.5, i 1.2, 13.9. ..: ......... 13.13. 13:14,.14:7, 15.1, 15.5 CONTRACTOR'S Fc„ . ........:... 11:6 Cost or the Work .. . general ...................... 11.4-.1 1;7 Exclusions to.....:::.:.:.....:.:.::...:...:.::.::::.::.:..11:5 Cost Records: ........ :...... . . - l 1-7 in general, IJ91' j-4-4, 6-1 P. 104^-104.3, 11 Lump Sum Pricng...... ...................................113.2 Notification ofSurctv::. Scope :of. 10:3-l0:4 Testing and`Inspcction; Uncovering the.Work..................................11.9 EICDC GENTR L CONDITIONS 191 asal sin EDFF] ONJ wf CITY OF FORT GOWNS htODMICATI ONa (REV 91991 EXHIBIT 3 — REVISED SPECIFICATIONS The following specifications have been revised for the project: • Revision of Section 630 — Construction Zone Traffic Control The "Construction Zone Traffic Control' section shall be revised as follows: • The second and third paragraphs of Subsection 630.10 shall be removed and replaced with the following paragraphs: • 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 as necessary, or as requested by the Engineer, to ensure all facets of the traffic control set up are working efficiently in accordance with the approved traffic control plan. It is the intent of the specifications that the Head TCS be the same throughout the project and will visit the site on a regular basis, or as directed by the Engineer. ' Subsection 630.16 shall be revised to include the following: Pay Item Pay Unit Construction Zone Traffic Control (TCS) Hours Please replace pages #28, #29 and #30 of the Project Special Provisions n Addendum 1 7376 Skyway Drive Transfort Improvements - Gateway Center to S. College Avenue Page 4 of 9 Unit Price W&L., 1-9 Article orParagraph NumbO Valde.of Work.. .................... l .......... ....... 'I , Change: in Contract Tirncs- Claim fc;T Limes adjustment ....... 4.1. 4.2.6. 4.5, 515. 6.8�2"9.495,911 10.4 1U, 1,11. 13.9, 13_13; 13.14::143� 15; 1:,. 1,515� Coritractuil time1 12-3 CONTRACTORS control,;,; e o at NoLificn orsur, . I I- I txl�!�7'c _. - � scope of change; ...... I__ .................. OA .Change Orders— Acceptance of'Defective Work... __ ................... 13.13 Amending Contract Docurnmti ... -,3.5, Cash Mlowances .... ....... 119 * ........ * ..... * ' ' ""' chaimg: 6f.C'ontr­a'J"P"r'i'c'e' ............... 'I I Change of Contract Times _._­ .... .. 12' Changes in -the Work ----------- --- 16 CONTFACTORs Ice ................................ T146 Cost Or LI I& Work,,;. _J VA-1 Ej Cost ke= Lt_v" �Os - I'l'7 . deiiriition of ..... .......... ........ ........... ­_1 ........ .... 1.9 emergentiies ...................................... ­4­1­1­§'�3 ENGINE MRs responsibility ........ 9.8. 10.4_1112� 12.1 execution 6c.:'; ..... .................... ; ................... Indemnifictiotj 111, 6l 16 6.31-6-33 insurance, Bonds arfd.,_.................. 5.11% 5-13, 10,5 OW= may'termirialte.............. l .............. 15,2715.4 O,W�,R!s Res ., pansibiLity-, � Physical Conditions- Subsurface and . .......... ***** .............. .Underground Faciliticsr, ... .................... ..? .12 7 Record Documents; - --------------6.19 Scope of Chanue­­ ­ Substituics ......... ........ :,; ... ;6.7.3; 6.8.2. Unit PriceWork............................::...............1'1%9 value oflXork, covered by ........ ....... I --- 0113 Changes inthe Work,,., - - ----------------- ...... -------- )0 XOLifiC2Li,on.0fSurct,v ........................ . .......... OWNtR! s and CONTRACTOR's responsibilities:.:.::.:_:,:..................... 10.4 ;Right to am adjustment ....... ... ............. ....... ; -, -_ 10.2 Scope of change ............................. . ......... 103-10A Claims—, ag I amst coNTR�47.rop ..... .. ......... - ... ...... 6:16 agains; , t ENTUNEER 6.32 against OWNER_..:..._ . ..... l ....... l ....... l ................ 0732 Chan-c.of Contract, Price..._ ...................... 9.4, 11.2 Change of Ccritract Times ....................... 12.1 CO1NTRACTORs_.__:. ___A_7;I.9-4.9.5i9,II,.I0.2. 11 2;,1 1 l9; 111. 13.9. 14. N, ......................................15.1. 15.5, 17.3 CONTPACTOFCs Fee ................. ................... 11.6 Article or Pariagra0b Number CONTTRi_%CT ORs liability ........... 51.4, 6, In 6:16, 6.31 Cost of the Work ,.... 11.4, 11,5 Decimns-on Disputes, .............................. i9.11,9-12 Dispute Resolution, ............ .......... 16.3 Dispute Resolution Agreement ... ............ 16-1-16.6 M\',_GINEER as hiitial interpietor-,, .. ......... 911 Lump Sum Pricing_,. 13-2 Int icc of --------- ............... ............ I............. -T. 3' OW-NTERls; .................. :9.4. 9,5j.9IL 10.2; 112, 11.9 13 9_0.10_1314; 17.3 OWNE-RsLability, tt, .. . . . ........ OWNER may refuse Lumake payment ................. 14.7 .Professional Fees and Court Costs - I 'Inchidad 17.5 request ftir -formal decisiop ci� ........ 9A I Substitute ltms 0;7,1.2 Tiine-T,xtemion I T un is requi . rements._,,, - ; .............. I .......... 7,9,1 Vz. I uvitD Price Work ------ I L93 Value of Waiver of-, anginal P�aymen 4 , .14, 1 14. 15 Work Change'Directivel__,, Ild ,. I"! .......... 10.2 N�ritien notice req uued�... ll-, 11.1 12.1 clari ficatioris and, rjiterpreiations...,.; ..... ,.16.3;'9.4, 9.11 Clean Site. ................. ...... ......... 17 Codes of,.Technical $ociety, Organization or Associatign................ ........... Cerrimcricem ....... _'23 Communications- 6.9:2,8:1 Hqznrd Corrim unication Ptograms --- ....... x fi.22 Completion— Final Application for NymenI. ............ ....... 14,11 Fina I Inspection.,-., Final Payment and Acceptance . ............ _14.13-14.14 Partial Utilization„ .......... * .............. .Substantial Completion,,,,,,,,,,,,,, ,,,,, _138, 14.8-14.9 Waiver Computa Lion of Times ... ........... ------- Concerning StibconurictorsSupplicrs and"Odicils ........... ........................... j5-3-6.11 Conferences - initially acceptable sche.dules�....... I .............. --- 2:9 preconstructiort ....... ....I ........ I ............. ...... 2.8 Conflict, Error; Ambiguity, Discrepancy- coN-rpAdlbi, to Report__.... 2 5, J.12 Construction, before st.zr6ng by cowp_Ailcrok ............ . . . . . . . . 5-2i 7 CorstructionMachinery, Equipment, etc _ .... ..........6.4 Continuing the Work .................... l� ............... 6.29.10.4 ContractDocuments- Amending.................. ....................... ...... ........ 1�5 Bonds ........... I ..... ­....' ......... 5.1 EJCL)C OLNERAL CONDITIONS 1910-8 (1990 E)11101,r) w/ k*JTY Of FORT COLUNS MODIFICATIONS (REV 9(T)� Cash Allowancts, ................ ........... : .......... ILS Ahicle or Rragra0h Num t&r Change or Contract Price, ......... ..................... Change of Contract 'rimes ..... . .......... . i C h3nthe Work ... .............. in vei* ........ .check and . .................. ............... cli6ficalians and .,2. 3.8 9.4, 9.11' . ...................... ...... ENGINEER as initial interpreter of, 9,11 ENGNEER as OWMIEWsre rescnia0 ve 9,1 gcn e ral3 Insurance Intent ....................... .. .............. 3.1-3.4 minor variations tirt.the Work..,, 9WNIERs responsibil ity to 6dnlish data ----------- _,8.3 ow-HMS,responsibility IWMaU prompt payment .......................... 8 1 4!4, 1413 precedence '. ..... ---­----- - -- * .. .......... 1.3; 1. 3_3., Record'Dco��L'M­Ls ...................... ... ; ...... . .......... 0.`19 Reference to Standards and Specifications of technical Socictieq ...... . ..... ........ - 33 Related Work ...... ........... ....... 7.2 Reporting and Res.olvina Discrepancies,,; ...... 25,13 Reuseof-.... . ...... z_ ... I ;, 1. � .................. j 7 :Suppleuicnting ........................................... Z ...... x 6 T erm in. a. tion of ENG LKEE Rs Em ' loym ent: .... .... 92 Unit Pf ice Work..' vnn4tionq: ................. ...................... �3.6, 6;23, 6.;27 Visiis.to Site, ENIGINEER'si ............. ... ....... 9.2 Contract Price — adjustment 154 L 9.4jA 0!3; 11.2-11.13 ofD...... Decision ecision on Disputes,..,,_, ............... ......... definition of ................. ................. 1.11 Contract ilimes— a4jtistm'eni ...... .... 4.19.4,10,3,12: Cho nge of.: ............. . ........... ................... 12A-N:4' Comm encem ': ....................... ; ........ ..... 2:3 definition of,,.., ................ 1.12 CONTRACTOR- Ac66ptaticc of insurance_;__, -„ ;5. 141 Commtaucations;.................................... _6.2. 6.92 Continue` -Work, , „ „— ..................... ... 6.29.10.4, coordination and scb6_duLin& .......... 7__ .... I 6,9.2 - delinition of ....................... ! .... a ... .......... 1,13 Limited Reliance -on Technical Data Authorized 4.2.2 'May Stop WorkT Turninate-, ...... w.— ...... ­ 15.5 proeide siteaccess to others ..................... 13;2 'SafietyandPrbtection .................... 43.1� 6.16, 6. IS; ............................. ­.: ... 6;21-6 23, 7.2, 13.2 ShopDravvin and Sample Rivet prior to suflimittal __ ........... ........ ....... _6 25 Iii Stop Work requirements......... . ........................ 451 CONTR:AcTORIS— Article or Ruagraph Number Compo nsation Con tinuiin:g0hligaiioR__" .................................... 14,15 De./ective Work....... �9 . . ............. �6; 1110 -13.14 Duly io correct defiMv'e Mork ........ .................. 13.11 Duty 16 Report- Changes- in the' Work caused: bd Emergency.. ........................... 6,23 D.clfects in Work- of Others ,. ......... . . ...... 7.3 Differing condition; ...... '4.23 Discrepancy in bozurrents,,, ...... 2,5, 3.3.2" 6,K2 Underground FllclliL-��- not ;4.3.1- Emergencies . ...... .23 Fquipmen ' t.and Machinery Rental. Cost ofthe-11jork .. . .......................... _.; ............ 5. I 1A3 Fee Cast Plus: ........................ .11. 4,3A . 11.6 11:5: 1. . , Gc6d-al Warranty avid G_uar?!m4­ ... 6.30 Hazard Comm uti icution Program;,- 22 'ndemnificitim_,.__r_z ....... :.:__6JZ,6.l6.; 631-6.33 Inspection or the Work, ,,,,,, —.7.3, 13:4 anddl3quipirifeni ... ............... :0.3-6.5 Laws and Regulations, Ccrfi.plvqnct . by, 1_6.14.1 Liability Insuriince .... ..... .. ........ 5A Noticc;of Ihtunt.to.!VPpeaI ......................... 9:10, 10.4 obligation to perform and cote - complete - thtiWork .......... ........ !! ................ ....... .30 Patent Fees and Royadtic-q, paid for.by ................ 6%12 Performance and (-)thcr Bonds 5:1 m Peits, obtained and id'tcr.. pa by .... ............. 0.13 Progrcss.ScheduIe...... ;."�6. 2.S, 2.9, 6.6, 1.----6 10.4 15.2 1 _29„ 1 9,11 Changes in the Work: ........... .......... 10.1 Concerrimjg.subc6n.triictors, -Stip plicIrs .and Giliers ..... I .................. ...... ConLinU the 0,k:.........................0.29, 10-4 C6NT;��TOR� _Xpense ....... ...... CONTRACTOR'S General ',.Vzrran.i,y ........ and Gw�rani5c.. ............. - Drawin L or:Sample stibmiLtal ...... : Coordination tfWcirk ............ 6.9.2 Emergencies........................:...............I._.._.. - 6.23 ENGINEER'S Siibs . titut es & "br.b Itai- Items ..... ---------- , 6.730 ,_q For Acts and Omissions. of Others ............................. 0,0j-692, 9:13 'For deductible amountsjnsuranc....................5.9 general ...... * ......... ­ ..................... ti, 7.2, 7.318.9 Ilaiardous lndcm;ifteati . . on ................ . ................ 6,31-6.33 LX,Dc (x",vuLCo\1xT1O.Ns I glu-s'i 1990 UDMON) IV" CITY OF FORTCOIJJNS MODIFICATIONS MEV 9!99j Labor, Materials and Equipment ............... 6-3-6. Laws and Regulations . ... ....... 6.14 Liability Insurance ,:..... . ....... j_ .......... 5.4 Article or Paragriph . . NumIN-r Notice of variation from Contract Docurrints....., ........... ................. 16:27. Patent Fees'and Royalties...._ .................... 612 Pain Its- PrWess-Schedule ------- j6�6 --6.19 . . . R,c-ord D6cumi'6n-1s­------ .... I ........... ..... . ........ id3ted 1Vork performed - - pnor to ENGJNTER!s7ii5�pfovafo' required . - . . . I-- .- - -f- - - sUbmitts'ls__ ..... ........... safe,structuriilllcmdinr,.... 6.18 Safety and Proiectio n- .............. 7.2, 112' SafctyRi:Prescntati�-c---' -� ...................... 'Wrk ' ..... ........... Scheduling the 6 . . ................. Sh4 Urawings_and .Samp!cs... ............. I ... 7.6.24 .. ..... ............ 1-16.26 Site Cleanliness. _ , 6.17 Sulimittal Procedures ...............625 Substitute Civisttructi -on Methods and Pfocedures,.-_-, --- --------- 6.7.2' ,Sub6tittJtesa-nd:.'Or-Equal". hms 6t7. 1: Sup efic�� ......... , erintend. . ................. --j5z Supe. ryision ........................... .................... 6.1 sur4ivaia b6iLgations 04 Taxes- . ........... I ........................ ........... 615 ....... .......... ToRe rt TO . I. -I .... .................. ......... a ....... Use of Premii;es 6.30.2.4 R-uiew Prior to,Shoporia-wlnig or Sample ....... .......... ...... Gv Rj . to adj tstitient for 6lidii9cs in the W 10.2 9:5, 911, 10.2,113; I5.Ir 1515, 17.3 Sarety and Prott!cficn;..1 ... -6.20-6.21 7.2113.2 ,Safety Representative -.1 .................. ....... Shop Drawings and Samples Sub I mitta.1s...J.24428 Special xzons6ftanis__-- --------- 1 - ------ ,1 IA4 Substitute Constr cuon Methods and Procedure 6 7 1, 6.7- 2. Subcontractors, Suppliers and Others. Supmisi&n and SiiiierinL-.nknce-, ........ 6.1, 6.2,421 Taxes, Payment by-., ............... ;.; ...... j6. I S - Usz qf irihi iscs, __6,16-6.1 I --- ----- - ------ ----------- S ........ Warranties a Tid ituarante'es 6.30 ."'affanry.of Tide., .......... I ................ ................. 1,43 Written NoticeR -� .- -e!qulted"- CONTRACTORstopor t4minate ........ 15.5 Reports of Differinp Subsurface and Phvs . ic 211"Condiiiions ................... Substim6al:Complcticin ......... ....... viii .......... 14.S CON�TPACTOPS--oihcr- ..... ...... ...................... �7 Contractual Liability Insurance S . 4.10 .................. Contractual Tiinc Limits�. .................... .............. j 1.2 Article or Paragraph Number Coordination- CONITF-ACTORs reupon5ibility ........................ 6D.2 Copies 'ofDoctfmenis: ................ ............. Correction Period,-,;,: ..... w�-!- 112: .I- Correction, Reino.vSl or Acceptance' of Defiecrive AV6rk- in gerieril .................... ...... 1014, 1. 13.10-13.14 X4t4n . ce oiEDeficzh*ve Work,_ ...... ...... _13,13 Cort-eOon Or Removal of Defective Work .............................. 1_630, 13.11 Corte ction- Pericid: .......... ....... ; ... J3,12 OWNER May C6rnt. Defichvv Work ............ .. 1 1 3.14 Work .............. ..... _13JO Cost-•- of. Tests acid Lnsjxctions.,..,.-,-........ ........... ..... 13A. Records 113 Cost of. the Wark- Bonds and insurance, cc, addifiorml .... ......... 11:4.59 Cash Discounts„ ., ........ ....... 11.4 , 2 CONTRACTOR'S Fee.--- ...... ------ 1.6. Exclusions to .................................................... 11.5 General 11.441:5 Horneoffice and crnearice-and 6virlicaid cxp6hsq,-_.. ............ 11.5 T us * ses - ;anddam ages ........................ ....... _1 1:4-5:6 -I Maier' iiils:and c , " -quipmPnt ........ .... L4.2 ......... - Minor expenses, ........................................... 11.4.-!.S .p.ayroll costs.on changes ........ ....... L 1: 4:1 performed by Subcontractors:.. 143 Rcocrds 113 Rentals of.'eonstru. ct ion equipment , ,And inachificry..... 1. -4. 533 Royalty paymerifs, permits anti license fees ........... ...... j 1.4.5;5 site office and temporary _facilities :,-!; ... 3 1;4:5z2 ,Special CM5uIL"t,, Cd,,4TRA�dTORS..-; ... 1 A.4 Supplemental:-,,:, I --------- -- ixcs related to the Work,,,,,,, -11A.5-4 ........................ Tests and,hnspcctiorV ........ .................. ...... Trade Discoutits; ....... 1.4.2 Utilities ; f6al.and sanitary facilitics, ................ . ... -­ 114.5..7 . . kvctk afta,:regular hours 1 1AA Covering Work..,..::. .13,7 Cumulative Rcrii6clim-;., ...... Gutting; fitting and wch' .. .... .......... 7.2. Data, to be furnished by OWNER, .....; .......... 3 Dity7oefiniticin of ............................... ................ 17. 2: 2 Dwisioris on Disputes .............................. :9.11,9.12 cC�vctiv'e-difirtition ci�f'* 14 defective 1Vor'k-- Acceptance of ....................................... 10A.L 13.13 EJCDC CILNEaAL CONDMONS 1910:S (1990 ED11`10ti) wl OTY OF FORT C-Q1.111.5.,N(Ot)MCA'nO'r, (REV9199) Correctiomor Removal of 10A1; 13,11 Correction Period.. .......... .............. in general ........ j 14.11 _ 'T 14;7. Article or Paragraph Number Observation by ENUINFER ........................ 6j OWNERIMay Stop Work,,;,,,,,,,,,,,,,, 'Prompt Notice ofDie Fectk ...... ; .... ...................... 13.1 Rejecting:.:::.........:......I............. ....... J.6 Uncovering'.the Work._, .... ............ Definitions . ......... Delays ........... 113;1 , 2.4 Delivery of Bonds- ....... ........ 2.1 ............ Delivery of certificates -of insurance,,.._.- vxance'­­_' ........ 7 Determinations for Unit Prices..9.10 .Differing Siibsurface_.c.i PhS:sicqfconditlorib-- 'Of., Notic-C 4..2.3 :ENGINFER's Rc view ....... ; ........ 64 .............. ; ...... 41 2 4' -Possible Contract Docurnenm Choilhgq.............. . . 4_2.5 Possible Rict-mid-Times . AdjUkTI ienis .............. 42.6. Discreparic'i : cs-Rrporting and 31:3.1.0,14:2 Dispute RescItition- Agrecracrik; .... ........... ;.'. .................. Arbitranon__..__.__.. , .... J6;l-I&5 gmeral 16 Mediation ....... ................................................. 1.6.6 ,Dispute Reso i Ut ion Ar-reemeni;.,.,, Disputes, fliccisiori's ........ ......... (1). 11-9; 12 Docurrents-- copiesof ....................... 2.2 ......................... Rccord619 Reuse of, . ........... ...... ..3:7 Dr,awing,s­deiQ 1:15 Easements Effective date of Agreciticriv- definition- of ............. 1;16 Emergencies;.......- 23............ ENGINTER- as initial ,interpreter on disputes ...... ......... 9. 1 I-9A 2 definition.of ............ ... ......................... - ...... -Limitations on'authority and r . c I apoI .. nsibjlitii:s,,.,.qA3: - � � Replacement oEl.__ ....... ............ z ........ Resident Project Rpes ren . [all . vc .... . ............. ....... % ENTG rNTEERs Consultant --definition ENGINEER'S- authority and responsibility, limitation - s on ... 9: 13. Authorized Variations ih.thc.Worl:.....................9.5 Change Orders: responsibdrty foL,..' ;_9.7, 10, 11, 12 darifications'and Interpfctationk .............. 3.6.j, 9.4 Decisions on Disputes;.... I._ ...... defective Work, notice of .......................... ........ 15; 1 Evaluation of.Subs.fiiute Item;,,,,,,,,,,,, ,,,,,,,,,,,6.7.3 Liability ............ ......... ............. 4 .............. (02, 9,12' -Notice Work is Acceptable p ........... 14.13 Observations. ....................... ....... ... 6.30.2, 9,2 ()W,JER's Representative ................. - ........ ........ 9 1 Payments to the tbimz.Acfok: Responsibility for.,. ....... ....... 1.4 R I e6oftimendaqbn of Nvarient .......... ­4--:1.14A, 14-13 Article or Paragraph Numb& Responsibilities --Limitations on "' . .......... Review of Repoits on Differing 'SuFsiuface and Nysical Conditions ---- ........ 4.2:4 Shop Drawings and Samples, revkxV responsibility.._.._ ....... ............................... j6,M Status During Cmstructian-- authorizlidvil.riatioris in flie Work,,,,,,,,,,, Clarifications I and Interpretations 9.4 Decisions on Disputes ................ ........ V: 1 1-9A 2 Determination$ on Unit Riice.: 2.10 ENGINEER, as IniU Inlerpretcr, 9.11-9:12, EisIGMER!p Responsibilitics...; 9,1-9.11. ............ Lim itations on ENG MIERs Authority and Resp6ifsibiliities: ..... . ................... _9.13 OWNEk!s Reprei entative .. ......... ... ........ 9 - I Project Representative...-._:9.3 R,jectingDelective Work ..............................9.6 Shop Draiwirigs, Change Orders and Paymints... ............ ...... ..... .. F ...... 9. 1.9. Visits to Site.,,;,,,;,,_,-_„ ....... .... . I 9 ........... !_ .- �., ;;­!N Unit-�Price deterinthations..... ........................... ; 9,11) Visits to Site Written .consent xe d ,qtiirc �7.2. 9.1 'Equipment Taber; blat als and,,,,,,, ........ 1 .0-3.6-5 E46ipfrient r.ental, Cost of th,rVoik.... ........ 1 1 1,4.53 , Equivalent-1\fitcri ' als Euid Equipmen ................ ........ 0.7 error. or OM issions, .... ....... Evidence of Firiancial Arrangements-, ..8.1.1 Explorations of physical conditionj: ... ............. ,.;..472] Fec, COINTRACTORs-17 6i;ts Plus :.......................... 11.6 Field Order- deFihiti on of J. 19 issued by ENGINEER .............................. 3.6,1, 9.5 Final, Application for Pa3,ment, ........ .................... V.14,12 : Final J4.11 Final Payment - and Acceptance„..,,,..„................. ...... 14 Prior to. for cash allovences LS tGencrel Gencrid ReicluiTements- definition Of ...... ....................................... ....... J'10 principal references IQ,, ............. 2,6, 6A.:16.6-(.7, 6_24 Giving Notiec, .... :__; ... ............ 17.1 Guarantee of Work--byCOi4"rRA,CTC)Rj6;30, 14.12 Hazard Commmication Programs, .............. 6-1-2 Hazardous Write— ........ delinition 1.21 general .......... ; ----- - ­__4.5 OWNER'S responsibility for .......... ........ Elio EJCDC (31:10I.AL CONDITIONS 1910-S 11990 COMOM ly,'CTTY. OF FORT COLMNSMODIFICATIONS W.V 9l9911 Ceftificaies of:-. Final 13-13.13.4 8.5 �Receipi and AIJPlic�tjon of Insurance | Article or Paragraph Nairn ber Tests and ft4ections ................................... Use of"Prem ists OWNERS Limited Reliance by CONTRACTOR IManuals (of ,Materials andcquipre�ent.�. Tr Not Sh -own or Indicated. 4:3.2 Notice r- Defects. 13.1 Notice to Proceed— tiomoL.~'..'—_.^—_—..~^^.. tzo givingm[—.......... .'^.~^~—......................... 2.3 EJCDC *nnOFFORT nxuwwODu'vm/ww(TtEvqip)) Notification to SurctN ..............................................16.5 Observations' by ENG fl' ER Occupanev of the Work ..... 5.15, 6.30.2A, 14,10 Cmi,ssiqns or acLs.bv 9.13 Open peril policy form. Insyrapet ................ .........50.2 Option to R qlacej ..................... I............................. 5:14 ;krticivof Nragriph Number ."()r Equa l".hems: .................. ............ ..................... j17 Other work 7 over'time-Work , -prohibition 6C ........... :_ ...... i ------6,3 - Accelptance ofda/acfive XVork_ ......... ...... I ........ al 3 appoilit an FNGINEEP,._, .... ....... ...... 8;2 .85 .................. ....... Availability of Lamfi, responsibility ............ ....... A. I definition of ... .27 daia,- furnish May Correct 6efecfive Work-ri., ... ......... ai 4� Mav reffise to make pay ment ............... ......... 11.4-7: May Stop thc� Work.... . ...... ........... 13.4 May Suspend Work, 15J-15A pavm' cot, Make prompt� ...... : ......... : -:4_33 14.4, 14;13 perrormance of other work.., ....... ......... permits and licenses, requirementg., ............. -'-§J3' purchased insurance requirements_ Ateptance- of the Work_ ........... ...... c ........ �03 15 Change Ord obillition to execute ........... 8.6. 10.4 ....................................... Coordination, of the Work 7.4 Dispules; request f6r decision..,.. ............... 'Inspections, tests and approvals. 8.7. 13:4 ......... ............ ...... 5;5 Notice of Defects..; ..... ......... .............. ; ....... 13.1 PqprescntatMe-Dtiring Construction: Stit Responsibilities-- JPCPs, Pcirolc= , Hazardous Alaste ar hadic,actiie Material Change OMerl,.am .... ......... Chan in the.Work . ........ --_ ------------ 'aes colmmu!*. ----- .................. 81 CON`CrOR's responsibilities ...... ........... 8.9 evidence of financiial arrangeraentA .............. 8.111 inspections, test.s.andappro%.M.s.___z_I ...... I ....... 8,7 insurano............ ...... .......... q ........ I............. lands and easements ...... I-- .... ........... --. - 8 . . A prompt paVM cot by ........... ;_ ............. .... 9.3 rcpliic effi emtof MNGINEER ............ _ .............. $.2 reports and tests .......................................... stapPr suspend Work . ................ 18:8, 13.10, 15.1 term inite CON17RACTORs kemces, ...... ... 7-7 .......... ------ 8.8; 15.2 separate rcpresentaUve at site .............................. 4U ,testing, independent.,,_,..._._ ....... 13.4 %is c or occupancy of the Woik,. . ............... _J15 630.1-4. 14.10 Britten. consent or approval required .......................................... 9z]4,6.3; 11.4 rs)=rmNTRALcoNi)tTib,,,s mo-simommom %V/ MTV. OF FORT COIJJI,—, MODIFICA-noNs (REV gtjg) Article or Paragraph Number %VTittefi notice required',-_, ...... 9.4; 9. 11 ..........................I.......1.11.2, 11.9. 14.T 15A PCBS-_ .definition o.r-,-., ------- :_ .. ........ :2 9 general ... ....... * ........................................ ...........;................... 4,5 OWNER's rcsporisib� itv for : ......... ...... ..... .... _S.10 Partial Util-iZation- general 6.302.4, 14.10 Pro --crty insurance_..._ ....... .............. ........ 5� 13 Patent Fees and R oyalties ....................................... .6.12 Payment Nyme.nts; Rtcomintodiation' of .............. 14.4-14.7; 14.13 Payments to.CONTRACTOR and Completion - Application for ProgressPnyments ............. __J4.2 CONTRA&MsWarrzuib•ofTitic 1413 Fiikil,Applicaticrn for Payment.; .......... ........ .... )4.12 Final:Inspection ........................................... 1.4-11 Final PaVrilent and Acceptance;,,,,,,,,,,,,,, l q.13-14.14 general2-., ............................ ....... Partial Renainage................................... ................... ... 14.2 Review of Applications ". , far Progress pavments ............... 14:4-:14.1 prompt payment:_ ........ :__ .... ............ Scheduic.of Values ......................................... _J4.1 'Substantial Completion;-,.. _............ ........ _14-FMA9, waiver orClaims, ..... : ......... wl ...................... when payments duq ............................. 14.4i 14-13 withholding payrricrit.. ................ ... ....... . ..... 1 4_7 Perfiarmance Biaiid4 ............. ........ ............. r�. 1-4;1 -) PCMAS I I I . . . 6.13- Petrolelim- definition of ................... ­ ........ . W­ ......... general......................................................... 4, 5 OWNER's reslionsibility ......... _9.10 Physical Conditions— Drriwin6, of, in -or relrifing,to .... ......... 4.2.11:2, ENGTNTFER's review., ....... ......... ...... 4,22. 4 cststtagsrructures------------ ------- : ------- _ ------ _4.2_2 gencral.4.21_2._,, ............... ............. ............... Notice of Diffcrina Subsurfice or„ ..................... 4.2.3 Pcissitile Contractt-Documents Change_ .. ........... 4.15 Possible Price and Times Adjusnpents., ..... - ------ 4. 16.• Reports and Dra%;ingij ....................... .............. 4:11 .Subsurface and:__:_ .................. ........ Subsurficc Conclitions..­­­ ---- ...... Technical Data. Limited ' Reliance by CONTRACTOR Authorized ........................ 4.2-2 Und,erground Facilities— .general .......................................................... 7.3 Nor Shown or Lndicaed Protection of. ................................. ....... 43, 6.2 - 0 xii AniclePr Nragaph Num her Shown or ffidicHited. Technical Data .......................... 4 ............... 2 2 * Precx5ristruction ronfercncG; ....... ! ....... 0.: ... ... .......... 2.8 PreliminarvMattas ---------------------- Preliminary Schedules.. �. I ..... I ......... ­ ...................... 26 Premises, Use.of ....... I ......... ....... Price, Change of Contract ................... ............. z ......... 11 Price, Contract --definition of.z ......... ___ ----------- Progress Payment, Applications ymen i�rctanagq.. ..... Prcigicss Pa7 ht "i * - '..... I .... ....... -- - 14.2 Rogren schedule, CONTRACTORS ............ 2,6, 2:8;'2.9, 6.6� 0;29;, 10.4. 15.2.1 Project-defi6itiort o(;.,...... ..... .131 ...... Project Representative-- ENGINTEEks Status buriagconstruction ............ 93 Prcject Representative, Rcsidcrit-,dc�trition. of 1.33 prompL p.aymcntIby-C)WWEA,, .... r ­: ....... 8:3 Property lruaH­.m­Iu,- Additional ...... ................... ; ............ -5.7 jeneml.5:6-5. 10 Panial.UWizatibn-, 5,15, 14.10,12 rc.ceipf and application orprocceds ............. 5.12-5,13 17otcctiori: Safety and' ; .... 1.41...;A.20-6.21. 112 Rlnch list ­­ 1. 11­1:-:.11­­­.1 1-11 --- - Radiokiiye Nfataial__ defiritibn of generil4.5 C)W'-N'FR!s resjiunsibiliq, fbr� ............................. ;$.10 Recommendation 14A, 14:5, 14.13 Record Documents;.„ ....... ...... ............ ...... 6J9, 14-122- Records, proccdures�fiar mainLamimiga, ........... I ........... 1.8 Reference ............. _ ........... �4:4 Reference to Standardsan&Spe6ficatioris of Technical Societies ........... ............ Regulations; Laws and fed) (34 RejectihgDefectNe Work ................. 9.6 Related Work -- at e, Sit........... I ........................................... . T 1-7.3 e..,: Perfaqred,prior to Sho'p DraNvings and Samples submittals review.;,,., ......... :, .... AM Remedies, cumulative 1 ............. - --- - -- 114I 17-5 ---- Removal or:Corrc6ttanofboctiw Workk - ............ J3,14 rental agreemerits, , OWNER approval required.... 4. .] 1..5.3 replaccirien . t cif,ENGINEID?_ 8i :OWAR ... ...... ...... S.2 Reporiing,rin.d Re5Olvmg - Discreoncics ...................... ......... 2.5, 3-3-Z,614.2 Reports - and Driwings: ............. .... -- ----_---- 4.2:1 ....... and Tcsts, . ........... Resident and Project Reprcsent.ative_ definition:of L33 provision for ................................................. ............ ?.3 FJCL)C GENERAL CONDMONS 1910 -S 0 990 EDMONI wi CITY OF FORTCOUINSMODITICA11ONS MEVW99) Article or Paragraph Num ber Resident Superintendent, CONTRACTOWs E2 Responsibilitiies" CONM-k(7TOR`s- in gemral­ ENGINEERs-in,general ....... ......... LimilaUbm"On ............ ...... .................... 1­11—I.9 9U OWI,TER!s-in general ................ Ret2mage --­--.-­.­.-,-' 14.2. Reuse of Documents - — ............ ................... - ........... 3,7 Review by CONTRACTOR: Mop Drawilngs - and Sample: •Prior to Submittal- t4­­;­` 6.25 ReIv iexv, of ApplicaLioni for �Prcw- ess Payments..1 ..... ................ ...... 14.4-14.7 Right to an adjustment:., ........ ......... ............... ..... M-2 RJ21-its of Way, ­ -----------..... ------- --- ------------- Royjltics; Patent FiLs.arid-- Safe:Structufil Loidin ...... .......... ....... ............ .Safety and Protection.,.,-- I 4.3.2.! 6.16; 6. 1 S. I . ­6-20-6.21,7,2, 112 general ....... ........ ................ .­7.;.7 ......... 6;'20-6.,23 Representative,'CONTRACTORS.. ........ ;..;.C.21 Ssrriples— definition'of............. z ........1.34 general.,..... .... ............ ­­ ..........(.24-6.28 Review by CONTRACTOR ................................ 6.25 Revie%V by ENGINTEER .............................. 6.26, 6;27 related Work ................. ....................... 6.28 .submittal of:. ... 624.2 -submittal procedures .......... I ................. 1; 0.25 &hcdWe bfprcgress 2.6:18-2:9. 6, - 6, � Schedule of Shop'Draivirg and Sarripri ................ 6.24-6.28 FcMdtilc of values '161&.2.9, 14:1 ,schedules- Adhercrice to .................. ................15..11 AdJ . ............................................ ; .............. k.6 Change ofContraictTimcs, .. ..... QA Initially-Acceptible'. 2,9 PrePrehtn i n a-ry ........... . ....... ............. ..... ...... �.6 Scope of Changes ... ........ .............. .......... 10.0-10.4 Subsurface Conditions .......... 4.2.1:1 Shop DraWings-- end Samples, general,,,,-. ­.6.24-6:23 Change Orders & Appli6ations for - Payments, and-, -- ............... ­9.7 -9.9 definition of,- ENGINEER's approval t-NGnMER!s responsibility for review ................. ........ �9,1, 6.24-6.29 related Work ,28 , review procedures ............. ............. Y 6.24.6;28 Article of Paragraph Number submittal required .... ..................... ! .. .................. 6�24� 1 Submittal Procedures..... .... ..................... ...... J.25 use to approve substitutions .. ................. . 6.7.5 Shownor indicated...,.,,. ... ......... 43.1 Site Access ....... ......................... ................. 7.2, 13.2 Site Cleanliness .:..; ............................ .............. ...... 0.17 Site, visits lo- by LNGMEER ............... . ......... 13,2 byotliers ................. ......... ...... `special causes af.l#s".policylorm, deFinition of,.- ,, ... .... J-36 Specifications Pee 'cations� defiriation' of ........... ............ of -rechnical Socictim.17cfMficc, to III precedence .... ...................3.3.3 Standards:and' , Specifications of Technical Societies Starting Construction. Before Starting the Work ------------------------ - Stop or Suspend Woik�-'-­ by CONTPUACTOR ....... ...... ........ ; ...... 15.5 byOWNER, . - -- -------- 13.10,15.1 Storap t ze 617miWrials and equipmen T2 Structural Loading,- Safet................ ..................... ­6. IS Concerning; ........................ ...... ......... definition of- ... ..................... .... ..L7 ddelays.. ­ ­­ ............... . ­ 123 Waiver ofrights ................. ............. 6.11 Subcontracttirs.--in generall ------ 6,8.6.11 Subcontracts —required provisions,-­.,­*5.11, 6.11, 1 IA.3 Submittals" - Applieations for Paym eni ................................. . 14. 2 �ihtcnancc and Operation Manuals 14:12 Procedures.,-—, .............. .... ........... ­ � Proaress Schedules ..... ......... ; ...... 2,6, 2.9 Samples ..... : ............. ...... schedule of , 6; 141 Schedule of Shop DraWings and' Sam plc Submissions, ......... ­ � ......... Shop Dr Wirig4......................... ... �6.24=6.28 Substantial Completion— certi E ca. tion. or, -2.3, 14,8-14.9 ,dertnition of. ... ........ ................ ........................1.38 Substitute Construct . ion Method . s or Substitutes and "Or Fqual' 6,7 CONTRACTOR's Expense. ......... --- EINGINIEER'!s' Eva%luificin .............................. 6-7-3 ............... ........ I ...... I ...... ......... .;.6 7. 1:1 Substitute Construction 7,4thuds EIMC GENERAL CONDITIONS 1910 -81,1990 ELM 0-M) W10TY OF FORT coLtj\,sxf6birir:ATic)Ns (REV 9i99) Article or- Paragraph Number or Procedures:_.-....:...._......._........6,7:2, Substitute Items--- - ---- ------ .... -1,2 Subsurface am:l,Ph_vsic'2'l doncliuo'ns­ Drawings of, in or relaL fig to ..... ....... 4.2.1:2 ENGINEER'S Review .............. ....... ...... 4-2.4 general 4:2 Limited Reliance e ancetwCONTRACTOR Authoirizc . d 7_2 Notice of Differirig Subsiarface.or Physical CO-i.idilion's* 13 Physical Conditions, ...... ;7-77,4,2.12 PcKssibleCcntraciDocm crm;_C'hangq.� �25. Possible Price aniTimes Adjustments. I .......... A:16 Subsurface. and' Technical Data ­­ ......... ........... .. ­ . ...... 4.2-1 CONTR.NCTOR;sresponstbiiin I 6WER shall not supervlss..., ENGINEERshall not so-....... 9,2 9.13:2, Superintendence..... .--- ----- SUp6rimenden.t,:CO;NTRA'CTOR.!g;'rtsid.6iit ............. _ 6.2 Supplemental costs ; .... ... .... ............... ......... P. I I.A.5, Supplementary, Condliiori5� definiGon ........ ................... 1.39 principal references to ................. )'A".1 118, 2.2,17j. ...... 6.9,.6.13i 7:4, 8,11, 93, 9. 10 Supplementing' tractDo � Con Cumeol_S­�, 3.6 Sopplier.: definition or ...................... ­.;­:w .. . ......... principal referents iq ........... 3.7, 6,5, 63-6 A % 6.20; .4, 9'131412 Waiver of Rights,...., I Surety— camsenito fina] payment;,,,,,,,,,,,, , ;,14.111.4,14 FNidINEFR has no.dmy to.1 .......... 9.13 10-5, qualificadbia of' ............ ............... Survival of Obligati6ns.,_ ...................................... 6-34 . Suspend Work-.- 01VNER: -MY ' Suspensiom of Work and Termination, —........ - OONTRACtozMay Stop W 8r­k ,or Terminate..:,::. ..... ....... ....... J5.5 OWNEkN46VSusPend Work_, .......... ...... __ 15.1 OWNER May T ' ' " z;,; y erm�na '15.�2­15.4 Taxes--Pavmmt by CONTRACTOR-, ... 6-15 Te,hmiciii Data-- Lhifed'Reliance by CON7RACTOP . ............ .... 4.2.2, � PosslUe Pike. and T'H:4s ��Oj us fnient * - - - - - - , 4-2.6 FeporLs:ofDiffcring_Subsurfau and Physical coodit�iorts ............ _ ......... ....... :_4.2_3 siv Temporary.construction facilities .... ................. _ ...... 4.1 .,V1icic or Paragraph Number Termination — by CON7RACTOR -13.5. by OWNER........ S�S, 15,1-15.4� of hNGINEERs CMpl Cvtuent ...... ........ Suspension of Work-in general ...... I........ Termsand-Ad' i Tests and'inspections" Access to the Work, by othcrs,. .......................... 13,2 601,�.T.'RACTOKs rtsponsif 1t4cs.................... 73.5 cost of 13.4 • covering Work Ori:OT to ...... ­j 3-6-13.7 Laws and Regulations (or) .... ...... .......13 NodcC,ofDefects­­ ... ­­ ....... .... 13.1 OWNER Mav Step Work 13.10 ... J3_4 spacial, required by ENGINEER 9.6 ................ --- timely notice required .... ;.; ....... ........................ 13.4 UncoveringtheWork, at ENG=.- Rs ,request...,._,..- Times— Adjustin&j; ...... ........ .......... CMrige of.Ccntract..._.1-------- --- Computation of..., .. 'Contract Times -definition of ....... ........... 1,10- da v ,Milestones ........... ...... ...... ............. _12 Requirements— 9J C1, .16 clarifications, claims an&disputes., Commencement ofConb4ci Tinigs ....... Reeemstruction.ConferenN,­., .... I .............. 1­i: .schedules. ..... ......... ...... _26,� 2.A 6.6 ........ Stutin r � the Work,,__ Title, Warranty Uncovering Work...... ......... ......... 131, 119 Urfdagrotindracilitics, Physical Conditions-- - ............... ........... ...... :1.41 Not Shown 6, Mdjcatcd,� ... ------- Piqtcctiqn ...... .......... Shown orInclicate ........ .................... . ....... :_433 Unit Price Work- claims ... . ..... 11193, '­­ defir6ion,o( ........ ..................................... J,42, generall L9, II J, 143 Unit firices— Determiontimi for ............. ­­ .......... 910 Use of Premise: ......................... _..6.16. 6-18; 6.30,2.4 Utility owners. . ....... ........ ¢ 13 : 6.20, 7.1-7.3; 13 - 2 Utilizatim Partial_..------------- im, 5.15:6.301.4_14.10 Value of the.Work- 11-3 Values, Schedule of,,,,,,,,,,,,,, ,,............. 2.6,18-2,9, 14.1 I I L7 I I I I I I I I 11 I I I I I Variations in Work —Minor Authorized:..._::. ... ------- :­ .... :-.6.25 ' 6.27,9.5 ..Ajjicic.or­ Piiiagraph Numi ber Visits to Site—byENGLNTEER� ................................... 9,2 lVaiv,cr or Claims —on Final 14:15 Waiver of Fight's by insured parcs................... 5,11.6,11 Warranty' an ' d Guarantee. Genual-by CONTRACTOR .... 6.30 Warranty or Title, C(-NTRACTOF!s�­,,,,,­., .......... 14.3 Work.. Access to.:. _ ....................................... ........... 13.2 1)y othrs .................................... .......... ............... 1 .7 . : Changes in:Lh ...... I .......... ..... :­ ..... 10 Continuingthe ... ; ........................... ................. CONTRACTOR May.Siop Work orfeTmina'le .... ; .......... : ............................ Coordination o . ............. — ------ — --------- 7.4 ......... ------ Cbstof the, .... ...... p .......... ; . ............ definition of.,,.,,. ... ...... ............ ...................... 1.43 neglected by CONTRACTOR ................ ........... 13.14 other Work" ............... OWNER N by Stop Work,_ ... ­:­ ............ 4113.10 OWNER M2y.Susp.end Work ... ............. 13.10,15.1 Related, Work at Sitq: ...... .......... ; ... 7.1-7.3 Starting the - L ............ .; .................... Stopping by CONTRACTOR.;....:,:_............ 1­­15,5 Stopping by; OWNER ..... I—— ...................... 15.1-15.4 Variation and deviation authorized. minor .......... 3.6 Work Change Directive — claims pursuant to . ......................... ................... )O.J definition -of .............................. ........ principal references to, ....... ....... ... ... 3.5,3, 10.1-10..2 Written Amendment— definition of principal references to ... ; ........... 171 , 0, Ii,l 5: 10. 1 5ml q ...... I..... ...... .tk.6.2. 6:8.2. 6.1.9, 1 0,Ij 10A .... 7 .... --- ­­11.2; 12-% 13.12.1. 14.7.2 Written Clarifications and ....... ..................... ... 3.6.3, 9.4. 9.11 WrIUM Notice Retluired— by CONTRACTOR .............. ...... 1, 9%1().9. 11, ----------- --- ----- ------------ by OwNtR­ .......... ....... 9;10-9,11, 10.4.4 1,2, 13-14 Xv LXDC cExtiLAL cominot,,.s igios o990 Emnom wc-iTy, OF FoRTcoLum.; MODIFICATIONS (REV9199) [I Skyway Drive Transfort Improvements Gateway Center Drive to South College Avenue 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: 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 as necessary, or as requested by the Engineer, to ensure all facets of the traffic control set up are working efficiently in accordance with the approved traffic control plan. It is the intent of the specifications that the Head TCS be the same throughout the project and will visit the site on a regular basis, or as directed by the Engineer. 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. 28 Addendum 1 7376 Skyway Drive Transfort Improvements - Gateway Center to S. College Avenue Page 5 of 9 ' I (nits pajeicrt'hlmik- intentionally) ar LJUn CMNEJULCOINT)MONS 1910-8 (190 la)JTIOu) w; UTY OF FORT COUJINSNIODIFICATIaNN rRrV-7tSr)) I I I I I I I I 11 I F, I I I I I 1 GENERAL CONDITIONS ARTICLE 1--DEMUTIONS -Wherever used in these_ General; Conditions of in the other Coritr2ct Deinwenis the .`following' femis '-Piave the, meanings indicated which are' epplicablc to .both thc. singular and plurel'therwE 1 I . Adde»do=Written or graphic instruments .issued pr or to the opening or Bids. which clarify, • correct or change- the Bidding Reguirrements or the Contract Documents 1:2.. .I freemen-Thewnttcn contract between OWNER. and: CON fRACTOR covering, the W&L to lie performed, .other.i:ontmct 1ocuments are:sttached tn;t7tc P.�fcancnt and made apart thereof as prv6&d therein.. 1.3. ..gglication, for: Payment —The farm accepted .by ENGIN k which is'to be'used by CONTRACTOR in rcgtiesting progr..es:or final "payments and which is in be accaupamed bi such supporting documcntaUon as is required by the e'ontraet TjocumcnL& 1,4: itsbauos--Anv inaterial•that contains moree tImn;or e lxrcentasbees. tees; and is friable or is rel6smg aslxstos fibers into the: air above'current actibn-levels established by''the United States Occupational.' Sarin; and. Health Adininistrat on. 115. Bid -The offer 6rprcposal of the Bidder submitted on the, prescribed: form setti?g fonlr the prices-tix forthe: Work Fo,be pcitormed. _.Bidding, ;Donmrents—Tlie advertisement or invitation to Btd instrucUoiu:to bidders, the Bid fonn,and the proposed Contract Docvmenfs (nrctudiim all Addenda. issued prior to receipt aBids), 1.7., Ridding Requimm?nu-The:, ndvc tiscment or invitation to Did iiistructionsYo bidders. and theDid form 7 8. $rnids Perfonnunce.2ndPnvmenl'bonds and other instruments ofszcurily.. ' 1.9, Uiange10rder--A document recommended .bv ENMIM-R_ which'; is signed' by COTSMACTOR arij OWNERitnd authaiies en adciucm ilelcUonor revtvon in the Work, or an adjustment: in'the Cdntracl. Price or the, Contract Times, iiW63 on or eRer.the Effective . Date -or the Agreement - . 1,10 Conbnct'Docnrrreirl T}ie AgreenSnl: Addenda. (which pertain to the .'Contract' 'Daumenisl;. CONTRACCOR's Bid' (incldding, document2tion accordpanving'the Bitl and -tiff . post Did_ documentation subrnitied prior to the'Nouca o(,4utrd) when attached -as an c)"bit to the _agcement, thc-'NIoticc to .Procccd, the - Bonds; these � Genermt Conditions. the 'Supplementwy Condiiions the Spec fications 'and the Draivingit its the EEC`OCG6'tiEIGV;_COND1170,�5.1911FS (17Jtt��iliaii. w.'C17Y OF FORT COLLINS NIODIFICATIONS f.R v•It2(no) swineare: more specifically identified in t together. with all Written. Amendrnenu, -( Work. Cliargei Directives, Field Orclm and f.11. Conhwi Price —Tire mdneys payable by OWNER to C(*TT-RACTOR'foreampletion of the Work in accordance with the Contract Documents as stated in the Agicemetit (subject, to, the.. provisions. of Paragraph 11.9_i in the rase of Unit Nee Work), 1:12, Conimdc 75mev4he nutplxrs of drays or :the dates.''stated inithe,A- reemcnt:'.(i) to.achieve Substantial Completion,', and (u) to complete the (,York so that it, is ready for final pivment m evidenced by FNGINEER's 'written rrcrimtnendation or Gnat pavmont in;at:cordance with 7mgraph:1413.. 113 COMIRACTOR—The persoA firm or corporation with wbc .OWNEk has tntcrcd into the Agreement 1.14, dfectve=.4n adjective which when -modifying the word }Vork infers to Work that -Ls unsitisfactury, faulty or deficient in that it hoes riot conform to the Contract Doctunents, or- does not. meet the requirements. of any inspe-dior% reference standard, test or approval referred to in the CormaEt-Documcnts:,orhas been damaged prior_to, assumed hy,QWNF.i paragraph l 1.1'5. Drmetngs-Thadrawings which show the scope, recent And .character of 66i Wcdf toy be finaishcd.'2rid performed'by CONTRACTOR and which have been Prepared or.opproved by E?NGINEER.and are referred to in, the Contract Documents. Shop i rim, gs. are not Drawings as; so det7ned. 'L16 .Lffecth�e Owe of the Agrvenrewt The date indcatul m the'Aj�eement.on uhidtitbeconies'ef'fective brit if no such elate is indicated it meansthe date on which the. Agreement: is signeTdptl delivered'bvthe last or the two parties,to sigmand delii'er. f; 1']. E>,'GLVLLR—Tfi�i''person;.rirm 'or corporation namedas Such in theA°reeme t: 1.1.8. .VVGINEERS Co{inihant A person; 'Cum or corporation hayirij ticontimf withDNCLNEM'to Furnish sewttxs as 1:NGI1vTSR's md�pmdent professional associate or consultant with respect to they Project ant] )oho is identified as such in the SupplemeniaryC;nditions. 1:19. Field Orrkr—A written, order issued by eNCiP EER which orders minor changes.in the Work in accordance with paragraph,9.5 but which does notinvolve a. change inthe Contract Pace orthe Contract -Times. 120, - General RequireMents-Swiom of Diyision I of the SPC a 16 ca . u . orts , Hazardous.Wastt shAl fifive.,the m esnuk -provided m'Se6tion A 004 of the Solid Waste Oisposal Act,:(42.IJSCSecub'n" 663)'ds amended from.time to -time. 12'2.a, -La)Y 'itd. hegiffalions,; Lzm- bil-R egidarions-Any and all' applicable laws.- xu� reo-ulati . 0 1 its, ordi I na I ncCs; mldesL•Hnd 6rders. of s]ny and. aII'0g0vernmental bodes - al; , qicie'aulbor3iei ana courts6vQ for sdictioa,i 1.22' bjitgql Hohtdwo-Lshall bez those holidavi observed h4ihiCitv,of-F6ri,CoIlirm - - - -1,23:. LfClq Lizqs- chargm., se.Lun . lv� interests or anccsupqnreal prqperorpcso pr.qpFrty. principal; event specified in the Complefion of all the Winn:. —fAwortW\ wridiin rioticc by OWNER to thetipparnt aiecessful bidderr, r staling NI thiE.upon rComp IjanCo. LAthe apparent_SUcCSSfUl, bidder with the c6nditioiLs prooeden t . '2nurnemic-& therain, 'Wiihih*4he 6vu ' sj�,iciriec4 cement, 26, Notice .16 Proceed -A whuew notice 6ivm by. Oxv,maz to COYT-RAC"FoR f-wiffi 6 4y to ENETNEMR), Eb$ 'ific' date on 'Ak - 176itmcf Times. will commence to run.and on wNch CONTRACTOR s1halt start 6' Perf'orm. -CONTRA&.OR'5,- abliptiOns. under the Contract Documents. 1.27. QW&R-The public body - L* authority. corporation, association, liAn or perscn�• with whom CCINTTRA�CTORJLis enic recf iradthc-Agreeniuii ond for w-lione: the Wc�r _k is to be &Qvtiled: 12S. Pai&I Ufih:dIi6n-JJs:. by OWNTIR of a subsLantially, completed parE of t,h.c,'X'0T-k f6r the puiTx for Wch itis interided related purpose S'bstan f fora prior to e Wart 1.29. PCBs-Polycfdonin-atea biljlneri ls. 1.30 Pelroleum-=Petroleumz induclitv crudle oil or arm- frgciicn,thereof which is fiqUid,at. stihudard�cbndtions if temptraftor.c ;and'; pvessluie(61) --dqsees F-Jurriaeit and 14-7 pounds per . quare,i nch absolute), :such -as qiL petruletun.,fael oil;'ou sludge; oillrefuse kasolinc: kaosene :and cttmte�. with and crude o is 1.31- Pir&eci=The total cbrst:ruction:ofwhkh'ihe'Waik to fie PrOvkW, . wide, r the', , Contract D&umcnts inay. be thc wh6le, or part as irxEcatod.etsewhere in the Contract Doaiments 'a sp;xial, ' nuclear. or b�;od'cj material as 8eruied §j the Atomic Enemy Act of W/aTY 017 fORT COLLIM -MODIKCAU.0N5 (I EVAP660) 1954 (421-W'Smucin,2011 trseq)sirs amended from tinie:10 timr: 1.32.b-. Rexnl6r JJ16AI)r4-Hqiva<-Rwular working hours are clefinted as: 7:00arn� to, 6:00ga 'urticss � qtherwisg specified in the Genera I Remarernenis: 133. - The authorized rcpres6nlz6e.of ENOIN,Mwho may bcassigud to the site VE any part thdCor'- 1.34, Smiples-PI-risical mirnplm o[ materials. equipment , are representatiye of some 0 1 oC die 'll7ork and wlii� cstabhsh thestrrdads b Of the Work will be judacd_ 1.351, -S hdp, -.Dranpin3s-All, drawingsdiagarns. Ul and other Ito Sx 7information which are specifically prepared or assembled' b}- or for CONTTRACTOR� and @ubiniiied by CONTRACTOR to illustrate some portion of&m Work.: .1,36- Specocqpbw-Those Portions of L6 of,;irifien technical .&scnptiorvs of materials, equipmept, curistrigUon syaerk and - , WOI"KalarlSrap. as -,applied; to. the Work, and certain administrative d6tails applicable thereto 1-37- Sabconlrz id 'at, -An i6diviclaal, firm or Lorpmoruion haying a direct con'tram.with CONTRACTOR or wqith any qihg Sub66fitrnetor for the perf6rinafice. 6f-a part 7of the kV(vk at the site, I 3S, - , Substanda7 . Coniplehon-Thc Work. (or , a in the 'Upinlun of tNGlI;tER-' as evideinuccl by ENGL\=s definitive cenZcare of Subswriti]al Completion, i1a; sufficierdy complkc, in accordance With the Contract Documents so'!�at; Work (or speeiGed bel utilized for r the �*poses .For Wbjdt it is pair) or if - ri . o . such =t i 11 ficaiejs,is�94_ - when the Work', complete and -,ready for rinal payment as 1-39. Sapplavi.entaiv., CPPI&4ons-Thc part of. the Conrad , Docuffi&nts whi& amends orr-supplerientsi these 1.40. SiTpher-A manufacturer, fiitkicatcr suppHer, disiri I butoi- materialman or vendor avmg- a diced c , ontract wiLIV CONTRACTOR or with any. 'Sulicczitructor to rurrush xnalcrials equipment to be., incorjy0r�iied M' the Work. by Co R . o . r-any uboonumcubr. - es -All :pipelines, conduits, diucts.. cables, %;arm, rnamojes, vaults; IarL-S, LUMCIS or other su'dh.faailiticger aitac6i a M any encasementscaniamix 3&. such , - - facilities; which hSv'c been installedtto .krrvsh akv,iif tbe!r0bowM,2 services or undergrnutid ' 'materials: electricity, as"ses,..stgahi. liquiii petroleum priidupt.s_ telephone- or other commtmications, cable television, sntagc'and dramageremoval t iffir or other ' conlrol ;3VStemb or water: .. 4/rnt Fiicd ;{(mn. t,Vork:io be patd'for on the:basis. of unit;prices. 143 'C;'arI The entmi coripleted construction or the ' vanousseptuatsly idettuGabloparts thrreof`reyutrgd to, be Curru_s}iri) unr(er the :Contract Documents Workrincludes et d isthc result .oC.:perCorm ng or furmishing:labor .and Furnis}"aitg end ineorporeting materials and.tquipmeni into the construction, and perforating or f6leftiltin sen ices:Ond ' Cimushi,g doarments, all as required by the Contract Dixutricnu I A4: Work Chdhge Dimctice-A: written 'directive to C ONTRAC fOR ssaul on or alter the Effective Date of tltc Agrecmem and signed by.OWNER and recommended b} INGIIvEEI� ordering an ad. uory ddet on or revs on in the 'Work„ or responding.. to, differing, or unforeseen physical, conditions tuider which the W&k is. .to bo rforme ' ped as prov ided m paragraph 4 2 or 4,3 or to cm aernnes undo. parngrdph6.21A '1l'ork Change TJtrectii e Wtll not change th Con ract Pnec or the Contract "Cimtx but :is evidence th3L.th'c parties' expect that the: change dircctetf or documented by a. tVork C}'iangc: Directive all be'iticorporaied ni a sit , quently issued; Change Ordcr following negotiations try the parties as ip its zlTect;ifam, nitV. t}e Contract:Rice or Contract Cm)es as 'tum•ided.in txirapraph l O. 1 4h (Irrrten A»iendmenG A wrilten amendment of the Contract' Documents, ci- ca. by OWNER -.and COWRACTOR on nr after'the ECfwivt,Dnu of the Agreement and normally dcaling,wtth theme nengmeenng nohtech or mcal rather than' -strictly , ci n,mcuon-related' as xdkofthe C.dntractDocaments,. AI2TICLE2-PREI; UNARIYAIATTERS. ' DeGveiy;ofBoriiis 2A1, %%Icn. CONTRACTOR! ;delivers::the executed- Asee tints to ow\TER, C01,ITZACTOJ2, shall also - -to di liver OWNERsuch Boixk•as COMPACTOR may ' tk feQW red l0 fllria5}I-.m dCCCrd'3Ml' N Ilh paragaph 'C'o�ies��%Dncuriteni3:_ 22 Ol4NLR s} ill fain sh toCONTTRACTOR up 16 ten ' copies _(uniess atherwtsz specified m the Supplementary; CbndlGons) of the`Contract DocitliMLi as,are-reasonably: necessary for•Ihe exedullnn ofthree W,rtti Additional copies will be furrusl ci:4 upon niqusL.at the cost of reproducliom ' Cuniirienceniei of.Contmd Tinrer, Notice 16 Procee& The Contract -Times: will commence to run on the thirtieth day after the Et cctN Date of'the Agreement, oi, E."CONERAL.COWInoU_•191 aS t 100 EINUA) sv! QtY OFFOR7 COLLIES AtOD11lGrIGNS QtEV 1Qaila) 1 I if a Notice to'Floceed s given on the day indicated: in the NN-666e10 Proceed: A'Notice to Proceed map be gii en at am Tune within th,rtv days;afla the Effcctn eDate. of the semarenGae to-R, late rosy .of$ttl-epznirig�nuho-tlurtieth-day-arx` the-Fli'ecrivz-Date oGthe 4gtet 4hicheyrr datrisrse} er Slarnnb 1he.Wor1. =t CONTRACTOR shall start to'perform, the Work tut' the -date. w•hen',the Contrdcttiine; commence to run• :Brit ho %V&k `stunt be i3 .et the site:Pinor t6 the date on which the Cont act Times commence to run' '13gfilr? SlorruiQ ('nnsfnidion: cacti .pait. of the Work; [IV study and comoare the UC shall not he'nable to read _1"Cl=lUny.contlict; icy in the - Contract )R }� cw or reasonably 2.6. Within ten days after the' Effective Dateof the Agrcentent` (unlvsc otlicnvisc spccifcd in the General �pvequiremerits), CQivTl'RA('T,OR. - shall'stibniit in NODi IECR for 'reviiw: 2 C, I. .a prellmlti. iy, progress'schedulc indicating lhr umes..(nlunbers of da)a or dates) for starting and completing the various stages of tlic'Wori, including any bldestones specdio t m the Contract Docutneiits; .2.6.2. a prelinfinary schedule:of Shbp:`Dinwing and Sample'. submittalsNN'Mch will':Hsi 'each' requacd submittal and tltt tines for sutmittu g rrti ieyving and processing such submittal, 16.21: In no .case- will a •schedule .be. acceptable wh ichi •allow.^. less titan 21 calendar days for each review by Elteineer: .6.3t .A. preliminary schedule of'values+rur.nll.ul` the Work which will include quantities and prices of items aggregii iig.'the Contract. Pnee ,arid will subdn rife thz R+tick into component pa m sulrieiei t detail 'to serve as qhebasis for' progress payments during cdrslnrction. -`Such prices will include• an �appropnatc-amount. ofovei tiad and prgfrapplicable to eacktt2m of Work.. 2.7. Before .any Work at the .site is. stained, Cv,rTRACMR'end EW43Sk shall ceih dclivu to the etheF :OWNER tvaih copies. to, eash-eddiHeao ;a...;..�•o.���„�..:,-.i..: 'c�aeleatan-Fti?nitiens FNUfitirEF_R certificates. of evidence of insurance ieaseiab reauested by OWNER) which CON7PACFOR----I-_'.3-'__,-_­­ o641j;aF is required to. --P-urcha­sc-. -anal_ -maintain in' a6:0.rdake with A 5 , T�5_6 - ; P)'icoloActirin CO e, qArdnc ,run, buLbefqreaiw%Votk'mthe'site is.startedaxonlerence. a . Pri I ropiirtte' Will be' hef&'.to, establish a, workinO understanding among the parka .as:to dic'Work and 1_0 di SG= the ­sqhedD6­relerred to in-, pmagmph2.6_, procedures fai, pDrawinsis and han8jirm Shop other. proccssirij:­ Apli6;ition­ for Pa)'mem and maintaining- required yCoor.diL lnifiaRPAcceptable Sch edides. 1.9,'. Unless otherwiseOrpovicIM , in rtrlcd, With an CONTRACTOR until the schedules are submitted to and to FANGINNFE9'as pjmided, hcjinv;The: progress'. er'W)ll l ;acceptahle to ENCiTNFER as priwiding" an 'orderly -progession of ..the . IliFork to completion. WiNh any specified lmilcstorids and tfic: Conrnicjimcs, but such acceptance will neither impose on ET;'GlJN=_.'-R.r6q)o I n I tibility . frarillie seqqenci schedtilina or �progress, o , the,: Work Aorint,rfere uili or relicy -C CPM_ NqTqR: Got t,- 202�d A 7PR5 , -,full; tCv -Aim'cLE13=c6N'7_R'A'CT DO . CURN . M, NTS- WTEIN171, 't'INiFMLNG; REUSE 'Inient: 311. The Coritraci: Docuifiefits -coinprise the entire' agreement '. betNveeri OWNER' ..0od; CONTRACTOR concen-ii-rigthe Work. 76 Contract Documents .arc: complem.entarvi. whit isc;Otid The, by'one;1s,_ars_bihdm'g 9s- if teilled.-far, by all. The! Contract Documents will be .on . witWth..c la%N�„ofjhe, place- of, the - Project. 3"1 ' If ii.-the imerit of'.Vie Oon PCD&timcnts.:to F,ICDCGEI'&F_A4C0INWMOhi Edifiwl, W10TY 0Y"IXO', 412001)) describe a functionalh,-compleitYrojea (or pan. -thereof) to- 'be constrircted in accordance wiflithe Conirtict Documerits:, Any W&L' a'd mataial�, cc,equipmcsiuhal may reasonably be inferred -from the CortrDocurneriLs or from p reva I ifirig custom 6r­trade -uss_ge as -being required to produce the intended result will, be filrnish6d •and pi6nnzd not.s;-�c_ciflcally 6aLledlf6r. words or plrras6s , yhich litive"n Tr ocristrtiction ,industry or trade meaning are uses] to describe Work: such words or p :*iu, interpreted a , , in accordance wirh thBt , ;GlariLtaucns.and'tnte-pro(alions of the Cmitiae,'t Documents shall be Li-%w'edby'ENGUMEEk as*;P_rovided in para Oh Teclinical S�cii6s; Ripwdnk. and Re&M'n ��ancie- 7 . .9 s., KI:I I[ diving the performance of the Work, COIN117RACtow a . P I Y'. coriliict, error, ambiguity or discrepancy ' within -'the Contract Documents; or.bcrwc&',the: Contract Documents and any- provision or' -.-any such or Regulation of the_ or of any, Such standahl, specifica'tiofi. marwal_�,,.,00dc or of any vistruction of art), Supplienreferred to in paragraph 6.5, CONTRACTOk""Il; report it to..TNGU411ER, in 11 it 'bnoz and, CONTRACTOR* shall not p with the Work affected therelw (exce,pLtn an emergency;.@s author ad by parii-aniph'613) until an iiiiiendmeritor siipplementto the Contract Documents has been issued -bv one.of-the'niethods indicatad in paragn-phI5 or 3-6: jvovided. howqer,' ft; C(­NTR,%CTOR- shill not be Jable to OXVNIR -or ENGINTEER, for. fzilum to, I . eprt an). "--Such: eonffic� rcl - CUOT, , ambiguity or discrepanry unless COI,fTRXCTOR­kneNV or reasonably shotild imve 11 1 awk in'thc Contract Documents tar as . may be'%provided by amendment or supplemchi thireto issded one oftl;e methods- . indicated. in py'r6iyupb� h. 35 or 3-6, the proiiieffs-of, tFw, Contiici bocLim-ents shall: take prec6d'en'ce _�n- re'k-lyir-q any' bir;.dirc iepareybetween Uoctmtehi5 arid; 3,33.1, the provisions of any such standard, I h sp6cifieatidr, manual: or iraffuction (%v ether he 11 ii t or novspeci ica y� incorporated by reference, i Coptict,Do'ctrmerrts)': or 33_3;2 the Or a!" such V Regulationspp=s1.1he' of the of the: Wor'_ F"v ns of the Con[ act D66unients, would,resuft in 1 t o tion of R ",]a tion). or -any or,their Hsu ployets from those' 3.4, Wherww in is 3 or agents or eivise or direct the ' k or any duty or consistent ivith'.1}ib: wr provision of the nests the terms "-,is ..as al]6ivcd' `as on are _used; 'Or the 3.5;3; a 1Yprk_ 'Gh,hnge Directive (pvrsusim to the require*iits>0f;&' Contract Documents may. . t: supplanent,mL, and minorvariaijon5 end &Vimions th the-, Work, may be author-)M�q)�L Of more of the'roli L A rield Onle-i , (pars si 'Vto parvgplh 9.w5l 3,6-2: Sa�plc-(inirs'u-an I t -16 pq . ragiiphii nrxd 6­17), or g or 3:6J1 L'\TGnqtEks *hnert Interpretation. or clarification(pu=­ mittopa ... ­ ragmph.9-4.) Ruse of Dqrunre"n1q,' 3:7. FoNTrRA(-,-tqR. and, any Subcontractor or Supplier & other pc' m-.nr,,or. c!rgar.u'zafim performing or :f any of thc.,%Vdrk taider a.,dir,;A.cT indirect contract h tvit0 NER (i),shall not oro n . . w _quire.nny title to or :ownership -rights' in any of the DmNvings, Sppqisecifica- gr othq dgpunjents' (,#, cop.ie's of env &Ire,qoiprcrnrccl by or Bearing the.',scal-of ENIGINEPRor riot ridsc-ariy or suWDriWings. Spcmflcat!6i: other d6diiiiih-tti or copies hri'exteils'io . rig of. the FY -c�jcct j orany. o c�th I- .., projcct wi out 'written consent of QI_ �T-R'uhd.MJG= -R and ipeeific ARTICLE 4—AVAM,01LITY OF LA_,NDS,- S(J)3SbR'FA(:,E, ' 'AND "P111"sIcAu-'rONDITIONS; ;REFER 1.Ui_CE P,On7S ;'' effect' or j mpo rt : i ir e aiuictior iiview. or irk, A is intended Thal. .:Itviilatii(i(i•'oJ'Lniiik or judgm.irit will: be coinpimtd Work for 4, k, 0"INTUZ shall furnish• m, indictited in the Condw md:inlormmio'n'in,the D6curn crits. the lands upon %vhich - the 1��'ork is to be nc e with the.design rirfbbiied, and 'easements for access rrNUUvZn rcany uuLynr:au=rn)'rLo Supervise or. ugem Mo of F.erfbhiiahi:e of the Work or any duty or authority to undertake responsibility; ccriiraiy to the = -or paragraph 9.13,.6r any other proLisioh of the u,-.um ents., Amending and S`�p(¢meiirvig;Contrac4:Da:{uneiirs: 3.5.The Coninict Documents may be amended to provide ftr;Ad'diti6ns: deletions, an'd'it:V,._M'10'r1S !'n 4he Work: or to Mo0v Ae, terms dad conditicins'therecif in one or more of diefbawiTfu ways; 3.52 a Chana Order (pursuant tu�Pa ragraph 1().4).. or w/CTY OrrOR roOLLLn,, NiOD1171CA-nON'3 JR1111 11200(j use so 1=L'JiW.VAth_w1ucft UUNI KAUl 01 othcrwm',., prbvided, in the Contract' Documents. if CONTRACTOR',arO OW TER' me Uruible to ygcc o I n e.ntiilenwti.t'to or the amount or extent of any adjustments in'the Contract. I Price or the.,Contrii'CL Times as o:rcwjlt of any May ih OWNMP'i krn!-Juhg these lands. rights-of- tvuy Vi CaScmer'L� colirRACTOR may make a claim therefor . I as ' prov'j'dM ' in Articles 11 and 11 5 CONURACTOR.shal.l provide jdr.all.gdditio l tfinds aW access thereto that. Tns,N' be required, for tumpumn ., construction facilities -of storat'ge of materials and equipment 47 2: , Stilth", '"d 4.2.-L :Reports and Dnnifng3t: Reference,'Ls madc to .the Supp!tm_enta.ryConditions-for idenitification 42JA_ Submiif9ce ComhWons:. those repcirui of- . - - ­_.I­f­��fa,� ` Those I - - , r. t4orjfions�und tests a so Cc.Cm ons at or CMtj ; g - u - 0 . us . , 66 -the 'StIelh-61 finv . C been,utilized W E VGINEER in. prcparu g the Contract Docurticiatz, .and 4,2.12. Physical Cixicfitions.', Th,�.dm%virqs of ,Physics I'doriditcmm i -'" cir rclaun _. a g to emsung surface, ace, &.sti-baifface'structiurcs.al 6r. contiguous to- t'hvsite (cuept;Undetround FAIliti jIta t liavcv been utia&&Ay e;,br-,TEER 'iii-prc*i'I j the Contract .421E .tfic-66niplet&6m.ofl!ideh�,rLT" and drarvvings for ' CONTRACT(jk's _.purposes,. incl6ding, but- not liiiOed'te, any :aspects of the, means,- methods. techmqucs: % uenc s - i 'and cq_ procedures, of -construction to -be employed by CONITT'RACTOR andsafety jirecaUtims and programs iriiidcnt'thaitoj.CY' 422'tither dati. Interpretations, opinions such,repats or shown 4- 2-J_ :an . COI.N'TRACrOR iiiia- preeLhiian of ,or conclusion- &aivri Irciii 4riy­'nte&finiE . I daigo or •any so . ch '_Lliita, inter 'Ons, _'D unions or it ormabon. 4.23- Abfice- of. Diffeiihk Subiigface or Physical Corid if tbmr-kXcTbR Vciic�that, any lmibsurfa'te �E pbiytii,,l'cbndiiIm lit'tjrxcirdtgucus to the site t6cis o6oVi�.d. &.reVilad* n­tha-_; 4-23-1C is.-or.sucli;a. nature as-to.establish that Otn" of -,Which CONTRACTOR is, crtLiticdid rely as provided in piaratimphs 4:2:1 and 422 is in h terially mAUIIrAte,,-or 4'2-3:2.1 is of'so6h a,-IIHM . r . C`aS to 'require A change i , n the contnacib &,un'im`ts'or 4: L113, differs mat Wly froW, that khawn or UCDC UMMAL CONDITIONS 19 19-81Y990 M" MY 01 : FORT COLU M -MOWIC.A11ONS %M, 412060) ind icatcd'ia the'Contract Documentsor 4.2.14. is of -An. uriusual. riaturt, and difr&rs finiter-Wly from; cofiditiom.'&rdinaAy encountered ,and S*C_n'ri;lly iccoanized'aiinhicrrru irv.wo�- of Lk 'character piovideA for .., in n the C_IOr`Xr2CI D&=cuts: then. RACTOR shall; -Owap'tly -immediately after ere aware Lh& , : " ` _ . Wf_ai�d bcIbre •further diaurbirtz as Wert:, in, connection, uicromiti (cNecpt a; I .. - , written I - - receipt ofordeT 4.2.4. Ei\rjhVEER's Reilew,.' LNGINIEER, Neill promptly, review rri nt�:Condititins,�dctrrminc thenecessity . : f s.o addia or lal,ex, loration or te . sul with ra§ - `ct 'eld . a n d6ise:01WER in writing With a, ITR 091111EHWs find . Iris: 'a 9, 4,15, poiglile Contract "Mcumentir, Change: if P40NEER c or - Oucles that a cbiangq­lin, &c Contr=t. conditiorithatineets, onc,& more ottlic'catc&68 afihA2,1-.ri Wotk ­ - .. gr , Change Directlivc or a r1harige ' rOrder NVill be isiued. as ji6vided'.in Aiticle 10 t6--iitl6cl: - d`66umcnt the conscquerices cf.suchchange. A;Z.6: P(5s4qle Pi�ce wid'_'rime� .44'ushiientv. An , I­mthe C_ontrad'-*i8e'.' 'or ins the qui.bfc.'4q�t�nI[jun - C6*ad,Titit&,6r bcith•-Wfll that the &-Lstcrtcc_. of - sock - UTI&O. V, Md,;O-r- Te"Valed .-cciridifion causes al increasa-,r decease in CONTPAGTOR's cost 6C.or aine.:nnquifed ro7 performit mc'o( thii-k.\fbrk: subject, A2.6.1; such condition must meet env one or mori :of 'the - c6tejorits -ddcdbcd in 4 2 6.2' a chanL6 iii: the'ComincHim'-umcnis p ursuant to Ipm 2gn an ph 4:15 not - .automatic alit; Dutfiori]�ation' of our a c ondlition prccedftt,td tn'Uer'qent !o:any s tkh a us tM cru" 42:63 with respect to Work that is paid fdr on*Urut Piri Basis, any, adUustmcM inCorlrac' Pxicc will jx, subject. to the;'provisions Hof partigra & 9: 10 and 1 1`.% And 4:2.5A CONTRACTORs hall'not be.tritided to adpastmeril 'in the CmLrn_cVPr'iu_ 1171 416A.I. CdNITRACTOR lzncw of the ..existence of such conditions at the time 1CWTH, CF0R made a. I'mal commitment to OWINER in respect of Contract Price find Contract Times by The submission of i` bid' or becoming -bound undcr a ne'L-m-kis'led cantritct; or. 4:2.6_4_:_i the txisimct• of such condition could Mstiiriably. -have teen discpycrc�"or reyles-led , as.s result of apy CX21111ruinim investTaition.; exploration,test �o . r study of - the, site -and contiguous 426A31 COINMACI'OK failed to, �0 " c titic and 09NTRACTOK'Foror darnages- sustaitied- bs CbNTM�T'OR on or in connection with any other prqcyt or. anfi6pe 4al, jilomi or hmkatid: The information and date: shown or indicated ih AhS e,�ontmcl'bo-mnfc nt With respect 16 o63tiiig Underground 7acilitlies at or contiguous. o *tjjc �te.1� bhied on inform.Ation'and d,nti. ftnish�t8OWNER cw'FNCPFFR by the owners or p IsuiJi Underground ' Facil[iti - es: - cr.byothers.* Linless,it is- aLlicinvise ex-inessly provided , p upeme ntar' y. Conditions: 43AA. OWNER and ENGINEER shall not bL .."bi= to-r the accurky or, comp etenessoanv zticr;r" and 431:1.2,* Thsxosl 6f allof the -fallowing will be included in the ConimciPrice.'and.'CONTR:NCTOR' with the owners of such Underg round d.L'uig arid. 7,(iv) the safety and prolection, of all!,such I.Jadeirgivurid Facifides,as provided' an paragraph 6.20 'and: repairing ilemagc ic to resulting firornfthe Work, a?: �irot 57rq!trr sir Miter( If, an Underground Facility is uncovered of rzVev&d at or configuous to :the site: which iv� trot . shown . o . n r indicated i I the Contract Documents, - CONT` rRACTOR shall; premptly inime"Iel -after' bek6mia-, aware thereof end before further disturbingriii'ps� 'iiff��,k thereby conditions . - LIO! . y or, perl'briiiin.i-ahy (exec t irr -an' . emergency ell p as requited by p. graph 6.B)i idenfifv the Diener of such Underground Fiscility,and UMCGENERAL CONDMONS.19113-S t I 790J�6Ljaj) WICITY 017FOR-fCOLLINS NIOOIMCAT]Oi4S (WI.1/200q) giv,e i in written notice totf, Immer and to OWNER and ­E-N1G INEM_ ENGMT=,mill prria6pily review the Undcrg I round 12citity and d&eritiihe the" cxtent, if any 16 which a, change is r*ed in the Contract Documents ,forenect and dmIqm.c'rW.tIhe'_consequences of Lh.e:'6dsidniee of'th' 1-Indeig . r6und Fsejlirv_ if as. - TOR sk Price Dill, fp'!] of any -such et Tim6sCO r as provided During and could Varc of or � ACTOR Imount or. � Price or :e ti claim However, UNEMS 71'OR W -urrLd or 4.4. OWNER 'shall provide ere- _Mccring. surveys to cstabUA reference points conq for ruction hich: in ENOD MER's itidgnient. are necessary to cniable CONTRACTOR- L6. -'-- -ced ­ I . I I proc; . ._ with �thc Work. CONTRACTOR shall, be responsible` for laying .out the Fork;� shall protect &rid p'resery,t the esLiblIshed reference poa� and shall mar' -e no chatn'- el ges or relegations without of OWNER :CONTRACTOR shall report. to 04GINEER whenever any reference point is.16st Pr:dest�jed! or r6quires, relocation- because of n ecassary -cliengLq in grads ir. Iociitiorus. and•shEdl be iespomiSle'f6r, the ac6dote'replaceinent or,relocation of such f8iri ,_rlee points" bprofession ally i mally quaLihed 43; 4rbestor PCB4)'etrbleulil, llamious Wasi, or 7 ARTICLE _—BOINDS'AIND IINSUW\�NCE Pe foriance, Pc�pmvu and bther-Bonds.- 5:1. CONTRACTOR shall. firri-4- Performance and Payment Bonas,;elchl in an aliiount:nt:least &Val: to the icycar, after the date: when final payment 1,3ws or or By the Contriia' 15cciarnenis. ,R shnit aim. fiirnish mch'othpi;Bords as ire. named in Authority as Accepta ble Sureties on f- cdcral Bonds and m Ace a i s . in Acceptable, L. ng Corrip-h-es as , 006shed in C,;r ar37, (amended) b dit.,Staff. 8urcau of 'y the Au 1 _ i . '. v ... Ftrancial 0 ressLm, peratiorn Dcrmrtni�nr A . 11 Bonds signed. by an'. .3gc��':M= t;c accotnpanicd a certified C?py;of,sich gent's authonity toad' .5.1. TTr -the .surety on -any Bond fttnushed by CONIRAC—rOlZ is —declared H. Gankrupt. ci' liccoyn6s insolvent, or itsSight to do businessjs terminated in'siny ofthcProjctct is locaitcdor;t cczses to ten e I the"' "er'-substitiiic another Bond and, sivety,.bqLh�Pr,'hd_ch ty2usi1m accepLnUlc ttr 01lr',NTFR. eq .1;4i(ifievandjnmiri{ , CEHVtcafe_v of M Ponds •and insurance- required by the that are duly )n'ih which th�c meet su as -ME}, IQ and, F;4 1 l,' 4 -K-Pq :p-tralettim, npuves-d GjcDCi,EN'ML COMMONS I 91t)-&(199VEditivi'l W1ci'FYOF VORT CIDLU' M MODHICAIIONS (RLN'4 (2000) 11 I I I I I I I I I I I I I I CO,N7RA CTOR'.i L:ib bifiry T.,wran c.i.- being. pe—ffbm id d'fUrrished' d as will Rp, , provide protection from may arise out of-*& xesWL'Irctm. CONITRACTOR's perfurmamn and fuffiisl ngof lhc. _Wbr-k- -'and. CONTRACTOR's ckh6: it is to IFt performed' or Iqrhd*sh6*b'w: CoN—rRACTOR, art. Subco ctor.or Supp cr,.. -or b;� any-o"ne dtrc"cd)--,u,r jrichrectly, employed by dn37,6f them to perform.or filrnnh mayJx6,b.lq; I SAA. : claims, tinderworktre-ciamTkiisitticirt. disabilitybcficfitsind of dimilar acts; SA�,2clahi (cu damaizes b6c:msc of mjury_ occupahonal: .or idiseiie, w death -of I 5z' 4 . 3j dla.tqisjor d.-aniages', 6eeaus46f bodi 1), injury, re m-n other than in ary 5.4.5- clnims.'ror. damage-% othei than to ihc�Vcrki itsAIC b;5;au�.:o(jr��,tb.,br dcsrivction'of.tab'gjbJi . . .,h. — It. - pr6pert), - �k mc-Idd.1 - loss, a'. :use resultuie- themfrom:-and 1 :,A:G_ 6laGs for di�ma`j&&-citus6 of ' Lodi1v injury or; g out of the, ownership, or use of.' any motor vehxle, t - The policiesU insurance so required Wihis paragraph 5 4 to be d _d shall 5.4.8. includethe spceifid-.coverages find bo_mTittcn for not 16s'tliah the limits of Lability. provided in the. I-- -- ,�iridi , , - �Tcntaiy_ _C_ ._tioqsgreater,, or required. b3,'Ljw,s or Regulations, 5-A.9. include crxnp!cied opera .. lirmramcc; UMCOE74atAL.ci).i,L)IMOP�,191u4 (101) Edtiaij IV/ aTY OFFOR r COLLIM, NIODIFICATION-3 (REN',1/20,10j 5-4-10., incluck coiitmdurtl liability.insurance co v e nn g CON7RICTQRgj mideminity obliptions ,under pgagaphs`0.2, 6_16 and.6131 thiotigh 6.33: 5.4.12! remain dUcasijintil'final payment and at�]I.fimcs thercaficr.when CONTRACT(Amity be � _ r&n, __ ic6 cciveraig-c written. tten. on a in,effeet,18f. St'least two I . I'd CIII'* OR shall Iadd I itisurcd laccr a to whc M, has . �&-cn 'evidence and any; such,'' ddditional sucfi" U'IsW3ncc at final 5.5. In addition to bo-.1icprovided or OW h�. t7QNM�L7 , Pri pmgx� S:4, NIUZ, at. OWNITZIRIS,;, c M!qr. may.'NTC-2w: MaMun at OWTviRs expense . ONIr.NTER'sowiT llabifiy, insurance as Will operaltiorts under the Confrad Dbc.=erits. Pro-e HY, in -c. er . Zshall , )Urehi . ��intfun tN.. amewrit- ................. . �bw TIN, t ws '—.and _ ENGD—T—M 81h, F eac n-visurable-ihterrst ------- .... Z,_ I Skyway Drive Transfort Improvements Gateway Center Drive to South College Avenue 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 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 -call' 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 $10.00 per day for each traffic control device not removed from the site immediately upon completion of the work or as directed by the City. Flagger hand signs and devices, such as Stop / Slow paddles, will not be measured and paid for seperately, but shall be included in the Work. 29 Addendum 1 7376 Skyway Drive Transfort Improvements - Gateway Center to S. College Avenue Page 6 of 9 I eb�'r�mavql- de fien aeEasw. . . . . . . . . . . . . . El H I--- .-*6ting-bv C imelu ee . mmer6ked 4,pay fl� Q Lg;GD�S-- 'th 5.9- OWNER slmU nor bt- resqv=W forpurchash* aiid7 mmm6mimig any Pirop-r6;'.iiimuiun6e W protect the Sbbc6ntmciors.'0-r'.o-tfwrs. in, Pie 'Elm, ll� el I . .. .... nEl the e an� F, ef [JCDCVEVLAL CONDMONS I 9 10-8.(IOU MW. V7CI7Y 01; rORT COLLIJ M MOD41 CATIONS IREV4 0 000) apaip-4--C NMAGTOR Sub"omcler$• beyond directs=ppyslhh-loss:-or--damn;i-to' Uell WAS— i Ole nihig I I I I I I I I I I I I I I boomird otom.. 'Cornpl;tiobof�all� the w Lhe-OfTi­cu �, be -accomplished in use(4uw.t<t#aa-. frovided thiiCno such 661bre t}iti`uurers. pre Reciipt and.;Ippkc ofi` of hr*mqce,Pi-b_ceez&. nmice I 12. _ -Any 'ifisured loss: under the 150licics or insurance providing the ',PrON seorOP'14 n) -with eZm I trisuirds. as theirmLects..may, a.p_oar. -subject to the' aceount of, ySudh partial use or oc , . .s rzyurrenients ofany 9ppeOlez mort&e'dauseand;of-- _. . ph_-5';1_3R'shiI'Udcdeposit' in a separate ccwd smmoney so received;andlsHall distrbuteA in xmr. ic. 4_coN.tkM&bWs' aCC661acwith sudi�ementas the Partesin interest -p.,a,ri-u-_ RESTONSM11TIES'- -O-WN*'E, may -reach If M)'OL WT gr=Fagreement is reached the Zb'mag-M W rk s1W I be _4id 6� r6olaLd� the m6n - . Ircp.s evs so . received'applied on,wwirL mt �thercb f and the Work and the . - .1. I — - ­Xhange Or I der or ' - f'-- -61 b MstJhcrCO 09M an appropriate SUPM 61 CONTRACFOR' shall su SAI: OWNER as Gduciw Y, "-U'havc Power to adjust direct the: Work competently and iffid, strac any'loss With , A. irsurersAinless odic of the - . . . surih stttriion :iher to` and apply py parties in o6cct'iri wi�iti-ng'�vhhin fifleen-days cqxruse as,m.ay be nec =-;ary td� I to -After-th� 6C-Cu f I OIVNTP's. txffcise of this Trenc�, 0 acr�6rdance With the '�Cor iioiri bc. rr �OLVN 1 11514 s� fiduciary qr If mc� objection i;ik rZIerm"a ke kilkni-c�I,%vith the2trisurer sJn hLqrxdanco:WiLh met, tqChri , hodS, iqpc..%, squcnces aa_ag 4f'no. 7�cmtm.as,, partia oonit�&i,;br�R'CONTRACFOR 9 such-­ageerftenf among die-Paiiie'siri inwrest is rdache for the neu;Egcridc if -8theni in the ii ()�kNfz­irs fidiiaaysh6ll a'ojust and �ettle the loss-w t the. _.�A W, —.1—A _ I-_ , I . of construction which i arid .teurdy .required by the pkace: pflqq to 'Re P&fig(1UdV -:-Nqp.e7�tyrfii.urvLnck; 5.15; ,It06LN'ERTitidv_ri accessary' to.occuPy or portionor port o, s 'of the Work pi orto use. w/ C11-YOF FOR r.COLLIM MODIFICATIoN5 (P.Evv.-0110) completed Work Complii 6.2. CONTRACTOR on and tiirg mid in it.. k�.Ucncc or i . ovirrnJimtcd in act IJocumenm to Ste thv the [th the•Co_ntracr the Work at all x1m resident Avitlt6bt Written a ,tgdtplt LimWfl I be e`nii - rshrill haVe ACT(irc- 'Ad] U,be, as binding 63. CON ihall' provide •c51mplent, suitably ,qaafil�rcd person9 survey; t ­ . vey. . Y od 'la t. and rori;truct the Work as required by,the C6ntjact rioriumiei,6, c6NT1zAqT6kshA m'all times maintriiii g 6dldi,�ca f lme a nd , z )rdrr. a I Lhesitc, Except as affic rivise reiluuzd OrIffic safety or p�iection o ' s f pensonor the e or,ddjacrm, thereto and except asot}ienrise M. led in the ; C ontrwi D( . Yum ants M , di 6a �- all Work at :the :Site 'SiMIL '66. performtid,duririig -regular NVerkivi 'h6lifs and co_?�Tmicmlziviu not permit overtime Work w the l5erfcimrar�x or WO ',�M Saturday, Sunday or wry, lt;gal, holiday i Ithotit'i -wfitter, v1, - 64: Uriless otherwisespecified in the General -Requiremcit�:, C6NrTR_,kCi(j1Z�shA_;f1jTriish and;qsRime :full ies'pd-sibilitv fd-. all miitcriik equipment. labor. Im - Mpa.ta`ti&n ciuwWon equipment and machineD% tools lint li'cai: teleph6nei water. sanitary facilities, tempory . : ra - . .,(Bcsary ilitiec am all athLis fay lit and,..cadenta1M­ s necessary ­11es.1 Ifor ; the funishini" Performabcc, t , estvlg. . start•-up;rid tolilpletiM of the work.. 6A1. CONTRACTOR musi-cemply. With the CjWipeirchwinarestni;tions: A c6pv of the resolutions are available for review in the offices. of the Purchasing. and Risk Alftnaizemmt -Division or the City cicik's office. 6A! Cement •Rcstrictiom Cw, of lZort Collins Rviolution 91-121,requires that suppliers and producers ofcrm_��tc' containing:cemcintoceftiNthat the ,o,m,ni vas iiTtade,m . cement kilns ftt•bunn haz2rdausivaste as a fuct. Pftrevr&hedule, 6,6. coiqT.RAcrop, .shhn adfc,r- to the' prog-reSS established shcd in accordance with paragraph 2.9 as it .=Y:be adjtis; e Eom dhit'to tiriia at pioVidedibelow: 6!6.1. CONTRACTOR'shall �18i. .accxptancx= (to, 'the eqientindicated 'in rxtragmph.19)': pi�ed adjukiiiints: iii� the. progress . I CJic•corittact times (or .schedule thiii -wil chang Mlaszones). Such adjusiments.Will con�nvgewrallv _ sche and addititinally: vVill: do.M - with-:imy pr - ovisio I ris 01 the Gem' tal; RequirementsapplRabfaij;irelo. 6:6.1 Propated adtiisanenLs in;the : progress schedule, thaLyal'�;;hitte th�"ccn'"ct Times (or Mlestonezi) shill be'submitled in uccordanxc �ritli the reyuiremenls bf'paragiaph submitted - 11 -_ 36 . ch'adjusmatmts moy- anly be. made bv's i han;e Orckf of - Written Ameiidnient. in 2�ccorckmce,"tithjkrticle 12. 6.7J. 'Aa-lder afidtem,oCingkriiil ur 6.qVipffictit is speci5ed,,or'.dt,.,;�,n6al'in.lht Contract, D&iuments bv� using the rja b e a f 2`propiria ary i1cm or the name of a. lztticvlar Sulplier, the specification or description is intended, to. establuH lE c type function and qiiiitity required: iiiiired. Uniiiis'the :Tecificati6b' or deri Ptii on, EJCDCiM&�AL CO1' NUMOICS I jt()�S C!990 Edfiwd 12, w/CITY . 01; rORT.('.OLLJIZ-),101)11lCi-nONS (REV400(g)) Contains, or is followed by words reading,!hat no Like. equivalent or orequaP ;ils:iri 6r,nc) ... h—I. - -. rsubstitution-st"itu'tiun is P -iti4- _. hems- ofMate6material eqwpncnL or matatal or egUiPment of othiStiplers may be , aceepted by RqG.WEERK under -the JbI16Mng 16muffistance . s: 67.1.1. Cr-EcludI1. 'If in ENGRNTFR's sale discretion i . i n item I ;of'm'ztehal at equipment pip posed by CoNTRAmR. is `runcuo all} 'equal tothat ,named and so that no wiff itmay by ITN he considered tGNEM.. Rn��O�r-_,T - n Ii ,some Or ance of pri an an it sett by CO 4qual."Jti is consido �RACTOB. lation as Use (is scMcc will bd' also contain an cr6dls'thai-will acceptanceof si redesign I I _ and . cl t leffzi If in ING NEER's sale ,of material or cqutpmcin =,TOR cities nbtZlLwVy,as rider -suib-_ agraph 6:TI-A _. it 7t prop . 0 . sed Su6stianc Item: shall '-sutriclent rovidcd , -low- to allmv, in [he . not, I - k _accepted by ne ii&r than 4%CTOR Nyishcs to tentof M'afcrial or shall first. make LER-fok iiecep=ice. )ose&s%ibs6tuu will )Mq aiid iiciiieve the 11'dcsfarLti:�'a , similar OWINTR' for Nv6fk .on the je aeSign: jo:'the. proposed a ornoty looTiat ion or use ;Mm ;-�ctivi i . 1fii:Work is f any'.1cer-me rc,e or royalty. .j fop ()SedrSubstfjdtc from that Adicil-in tl;ba7pPlication and :M' bripair and., rtplacement ,ated., The cool -stion will izedestimate . of all costs or It directly .fir from ubstiiute; including.co= of Of atfiel"03ntractms iiffected b%, the rcsultine change: all' of: which will be consi.d.qed. by DGfFTEMR 16 cvilluating the pr6pokd stibstitute' ENG =-R' rna�� requirc roNTgACTOR, to furnish additional' daLa about the prop 6.1L3., All.daW to be providedbv ZONFfRACTOR in support of any 'propos-&'or',equ _a! of subsutute i , Lem will beat ITRAC.rok's cVcnse, Suhifihife Cwislrucau;l uidio& or i Muizs.` [r.a s*ific 'meam, method. technique, ueh6e or proc*C&C, . of-c;mhljvc shown CT ; Is I d in -and �\pr�lv. T6quired' ty'the Contract CONTRAC-rbR may - ' a 6 itute meai&'-miLhk tec Lsh 0� utlUm sequence or cedure 6fconsmiction.a C.CepLabIc to!ENGINEER N'tkAcTok, i6il submit sufrlcimt infbrmation to nv &(iI\,Wp: n E EFR's sole ciscmibn, to .nuire"ffist.lfic pnypo is cquntei-to 6Nirewly feflivAt Comm-cl. Do6umenut procodure,'ftir -review by:ENGINEER. *MW be K9. bc , k7litiiiaors, 4ppliery and Concerning, EX'DCGENMt L CONDITIOM' 191M (1990 EdLich) Wl ClrY OFFOR r COLLHIT MODII;ICATiON's (Fiff%,,irotvjf CONTRaCTbR sliali-Daform,not less t} an 20, percenE of the Work with its. o%im' forces (that is Without subcondki c'rr;ent requiremm shall ,belundemocyj''7Fe,�t—oiLhe.�Work- the value of which totals notAcss Ogn'10 percent of the,'Contract Pricc. 11 6,9-2- CU17RACTOR-shaD be solely resporvable For schtddling '.ind moramatri . n. g the 'Work ot Subcontractors,. SqppU�rs. an'd other persons and � f , . - 1. . -sl� .. . . . - orgarsiationi th - per orm�rg or urru any of e Work under :a direct'.:or ' irc'ct'�conuuct with C.ON'Mk(-rOR- -!-CONTRVCMg . Kill requrre all 6;10. tWidi ififi.catioms ;of 'any DrRwings.shall not control CONTRACTOR mi di6ding', jhe.,' Work among subcb6it-acOors.ar Supplic - rs or. delineating the Work to., L�cl per�O,by. my-iff , fie vadc-, Pident keeqv-jrdloiwlhe 14 nICITYOFFORTC01.1- P ernsds.- can�truolowpermus-and licens�es,. Ott NTER shall assist CONTRACTOR; 'when- n­occzairy. in cWining such permits -tr'nd:licenscs� CbYrRACTM shag ,pay all' .goveinni'ental',chargw rr�d: hS*,iibn fees necessary for the,pioswOtion of the,"loil, �-hich are applicuble:ut the ofBids; or., ifUirm rioa-no Bids. on the naecolltl ,Cthe'Agreerri&CONTt RACrOR shall pay. all charges gesQf.uojit' y Mmem1for-Cormections to rho Work d OWNER shall charges of such. utility- ovzmroe capital costs. related thereto such as plant iri, esmi e a fees b.14: : Laitsanf7Regulit5grts 61A.1. CONTRACTOR."fl- -give,,AW notices and comply with'alltaw;t:arkd Regulations , applicable, to .f arid yCrrolititiiiec or the Work. , Fy=pl .o'e-re­ oaer-'­, 'a r6cl by C'ble i,avh-and Relulaticb%nciiiii. bWNEk- inor. PNOINTEM shall be responsible, for monitoring cbNTR--N'C'rQR",s'. corpplian . ce with ar' or. &142.117 COMTR]ACTOR performs any. Wcak -g 'A' at it is Contrary :to L*aivs-or Repulations: CONTRACTOR: shall bear and DraNytigg are iilatinrvSbuL this REACTOR 'Of paragraph 33. -2. tase5.- - 6. 15'CGINTRAOTOR shall pay all -plm con-s=' er. use and oiher sirnilar. ita� rdirrd to ber paid by :CON7,TRA(,-,TIOk i t accordance with the Laws and Regulatonss o. tfri- pil cd 0 the ;Project which are applicable during the,perf6mi7urce of the.Work -bw!Ntk is'ekemnt Ebrs Colorado Simi; and 'local: sales---nnd use LLxes: on, materials to be permanently incarp6rated4nto ihc ffoiect. Said taxes shall not beincluded-in tha-Contract Price- Colorado Department.bf Revenue 'State Capital Annln 1315 Sherman Strea . Denver: Colorado, 80261 .Sales and Use T7.xes- lay the State 617'Colorado. Regional Transtioticin-District; (RTD)- and certain Colorado: counties—ary onflectecl by ithe State of Colorado. un&.nreHncluded: in.the Certification* of Exerriptiom All soplicable Sales and Use TaxesJincluding, State collected taxes), on any items. other than construction .and bo-ii1dirtu materials PhymcallvIncurpom(ed into the Mare 6 id b%- COINTRAcrop:md are.to UMm— !P�orocr-iiitc bid items sFoill .confine construction IL lhc.tbmge of itcAids lind! equipm, ent and the, s of -worters_ to the'sitc and.'Iiinil and 2�,W is Casements, and shall not A Construction materials or equipment. jfI6 full Iresporisibility. fort, any . or.2rca, of to,.the owner or or perforniance'rifthe %Vdrk, CONTRACTOR: shad promptly - sac with such other Party by nceotikion or othcrviisc resolve the claim by arbitratich or cthci dispute rcsohl tion procccd q or at law. CONTP-A&PRAWL to.thc fullest ant pg.mttt.e,d byLnwsimd, Regulation�.Mdcmnily.and J.Ibrdi )),armlcs 4OWN]EIL UN7GLNTX-P, RqGR4EMs Ccirwillant: and. arr-ohe girLetly or, jftdired]y employed by' any Of, them. from and:agairist all 'cl s,�Iwsmjo&s and damages arising, out of or resulting: from- - am' claim or action; legal or'.cqu"ita6lc,-*brought .bv"ony such owner or occupant ag awsl_Q,xVNEk ENG*hNttj, bf 1m; other Pam iqdemriMed hireu niler to I , 6! hextLnL'caused I by or based upon 'C0_NTTRACT0R?s performance; of the Work. I 6.*1S.. CONTRACTOR shau'riot, load nor permit any, pert .of my structure t6,be loaded! -in' any manner anner that 16111 endam-ci the -Arilctia-d* nor, sliall-CONrrRACTOR subject, llp�,*plirf- or the Workor adjacent Property to sircsses or el . �that -ndarkei it. fressurcs . -will L_ Record Dociviletits (19911ELkLiQl) W/CITY0FF0RfC0ULIN',.%i0D . IIWATIGN�3(M 'AP0110) '6A9, CQWTRACTORshall hiCintain"iri n safe place at Ahe"s-ite one. rtcbril copyof,ad. Drfiwings, Specificaficns. n� AddeWritten Amendments. C*gcC)rd&& Work change * Directives, - Field Orders and %yritten interprcudic](1715* and clarlfiixilibns (Issued pursuant, to h9;4) in good oTiler'and ann6wed.to show all made. iduring Faris" tion. These record N document&wether,Nvith all approved.Samples and'a counterpart of all appr6ve&'Sh6p Drawings will be record.documents, Samples -and Shop Dnjivings %vill be delivered to LNGINTEMfiar 0WNF . R: Safrpl and,Protecdon: 6.M C.O.NYMCUM shall' be resportsible for miliP.Lin&" maintaining`and - pr ccuuboni,iffid programs.iri cofinFeticii 'Withrdic Work: CONTRACTOR shall take -allricccssa'r),precautions nior the safety CC and shall proyidc the necessary p.r t,a .wion to pr6gent damak. injury of lowto: 6_20. 1. all persons M the Work site or who may. be iif(ccted hy, , il; Work:. 16,2 0.2, all'the'"'ork md'mativrials and equipment to biti . MCC ,PC r nitcd therein, whctl�Lr in'stonugCon or aff . 6 2Il 3otlier prclrrtN- at e sit ' e ant thereto' th ' _1 mclu�d[lrig :trccv, ;hr�uh I ­ NvalkIjs.,7 ;}nubs . nvvm � ... _ pa,vemcms, roadways; structures` utilities and Undeigground Fa6ilitica not dcsiLuj d for or safety of persons or property or. t& protect them, kam ,damage, Uhtury: .. or, I 0s.% lind sJbH'&,WIt and maintain till round racilities and -utility. owners when the Work May ' -affect hern, and -;hall theffitn the protection -removal, relocation of th5g property _ A4 dainage, injdry or )p", referred. to M' panijrpjhs 6,20:1 of 6 e6fly or'iddireWy,in N6ole or, in pa� by R, "any. subcon'tinctor, Supplier or any or araaruz4iiion cIh '.Or 'indirectly shalt be remedied'by C-UNIRAULOR (except damage or the fgill[ Of DriiWirigs or Specifications .or to the acts 6r.omisn'k= of 01ANM or MqGWITIZ.or IENGTNTUER's Consultant or anyone employed by any of [hern . or I an I Y. I one;kw_Wfioi;! acts ahy 6hhtlii may be liable, and'raC attnbMa@C,dir-wjy or ii�idire&ly, in *whole or in part, Subcontractor, to the.filult or negligence of CONTka=R Or any t�Sup-pher or other p5mon or orLanintion &6ctly' or iiidirectIv cinolovcd bv, any of them). cb?4-rkAc,r6wi autics and fcsponsifiilitics'for the safety and protection of the AVork-shall.cordiriuc-until suchiirrie -i as all. the Works corripleted and ENGIINEER . has issued a 15: rrotic I e to OINVNIER and CON-rRACTOR in accordance ,withpqraga 3,thid LheWork is acceptalife (Lxwpt SS oditMIse - expressly ssly . provided in connection with substantial c0rnplcn -) Pn CO-I\rWcEbk shall desivmta , a qualified and representative At the site whose duties mid mT * shall prevention ofaccidents:md the safety pre6uti.ons and, programs: llazardcoi-umicaiiuif piomw- §,22; CO3NMACTOR shall be responsible for 600rdiniium am- cxuhare,6f inaterial,suf6ty, data shects 8r other ' hazard. communicauon -jn(c=auon rcq=ed',Ic. he rfiade""lzblie. to or eXcbana,-d' between or.'Aniori-.1 site in ;a,c&ir.dinoc; `wijh : Laws or Ehiergenaies.-. In crncrScneici7afe6rj ihc.safcty- 6r protection or - or dr'�6.i-operty ai,thc CONM'kCI'Q. -witho ut special' ' instruction . R.or notice' if CONTRACTOR believes that any, skgnificunt, c 31�a Mjn I Wons tr6m ilic.2:omacf h-- ' . , 'Ahe Woric" var;a gt �, or Doctmttnts haxe been- citzed ilicre*t' T : if dctcrriiineir that 'a 1,7c in the Cbp. r tract Docun , imts I i* , iuquired bPcauscor i-mtion-tal',tn 6y.�tONTRACTOR in response to:suelian em thbogency, Wort;: "Clangs Directivi or,, C*Se., 9rder 'wIll, be Issued to, •doc . urnerit the ; DraAings accordance the. zlimited' piapses 6,24,2.'cbW—RA&bk sliall' also 'U6f SaMPICS to INGNMR lbrrevinvv And Apprbv­al' in accordance with sai&acocotcd khcdUlt-c�fShop - Sampleaibirditals. Each -Sample '. %vAllbe identified deqfly as.to material. Su.jpi,Htr.-pqmhenl data: such sis. numbers aM,Lhc , use for whw6 intended And t�sc as-ENIGDNEER may r-cqdirc_to enable- R,i6f,\rmk to rivfevw,*the- submittal_for , the limited 02000) l3iirpo*ts required by pam°tnph 6,26 The numbers of each Sample—io be mhmi.tted. %-vill.be.as spemtkd. m the Speciocatiorm. Submittal Promdures•. 6.'25,1; 56cre snubrnituihg each -'Shop Drawing or, Sample. . CONT.RL,%CT6iZ sf,alI-.have-deternrfind and ycrified' 6`25; 1; 1, 'all field 6eii-lx— cras� irm , quanuties. dirficl'n`sioru-� - specified'-' ' 'nance criteria, -*Ibri irvaalinclon' reg ,ozements. miftirials, daWog numbers' And. 5ralilair infoiniation. with Tcs'ccl 6;25,1.2i aH nas -maten Ltiitlh respect pect to intended Lisc„ , E b 'eat] -shi ' iLa, handling, storage, asscnibl and .installation , in# to the pc,fo�g , Pncc`qf the, Work, and 6.25; 1 .3 - All: ffiformaiton'relative to, C. COMYRAFOR's 'sole responsibilities in respect of'rileaps, meffiods� 'and sequences a rmcdurqs of construction it & �safch, piecAutiens .i r tbcm 6to" ICWTRV'76P iihall'IiLs6 have, reviewed and .coordinated each Shop Dra wi ng or Sahip e with other Shop lj'm'w-u.W and samples ' and with the - requirements 'of - the I1Iorkt and the 4C&trbct Do6timcrIts. 6 Fach atlbrniial Wil bcaf or sp ific writte; indication that CON79A C)JZ: lais satisfied -.oblie 66s, w der the Contract hcn ,DocWLs'WiIh'respect fo.-COOmW.TbR's review htfd ap . ov-Al'afthat subinktal. oven in the Contract Documents and be ccirnpatible with it deQi 'concept of the coffipleted Project as, a (iinctichirij whole , as indicated by, the , Contract ficcurneriu, ENGIN=s rrvicW and zpprrnkl will not extend to Means, methodstechniques. m _,qucnces or proccames of constrU,cifion (except,where a -partic'ular mems;, method, sequence iqn tee cr technique; , or. procedure of I I I instruction. isspe*IGcally ancl.'�;.xp mho 6ntraci Docia sa re t' ;een Itiaru err mms cidcnt ther-clo. The review and appio*val� of.a se-_ . le I of Pam �rn:as such %611;nol.indi�ta apprqva the'asscmbly.in hiieli tbitciii Cunc . udhs. :CONTRACTOR.'shall make to a 'Hm rcslionsibil ity for n ny. I va . n . a tio I n fro m ih e re I quireme . r . is of the Contract,Documents unless CONTRACTOR has in %vritinu called ENGINEERS attention to each, such variat�lon at the 'timc: of submission as 'required -b_v paragraph o 2 53and ENGINEER has given written' of each 'iucfi 'Variation by a specific written 1-uNGI3\`E,ER relieve-CON-TPACT-OR fofxesponsibily For com' lyiha with the Ecqui*mcnt� oriintgrapW6.25.1; 42S. Where a Shop Drawing'or Snrnplc is required by the Contract D6cuments-or. 1 the 1 schedule of Shop Drawitig and Sa'infile. su6mlissions a . cc - epted by •ENGINEER, as r any ?diited Work perflornied P�Eu,V,b, pmenfli-2A - - UNIFbZ's review and approval -of the pertinent vi, I,lx at the sole�_#efise.and responsibility of CONTRACTOR CohdituLne 11re9Vork' 6,29 CONTRACTOR shall carry on the Work and ndh&rc"to the -progr= schedule during all dj.Vutcs tit en disagreemts wiftOWNER - No Work shall be . delayed Or j5" ISPU as a . r periling ri�solqion of any� ili t postponed It 15:5 or as: &;agreemenls, excLpt as permitted by pragrap OIVNT,R arid- CONTRACTOR may otheiwi$e ra-gree Ui . 'ATItIng. Oil. ' e0N7kIrT6R's: -General.` 11-nrntznv and Guarantee., "6.j():I.CONTRACTOR maranis and &arant5es to OWN-M 1�'GDTEER and LNGUNTER's Consultants; thiii all Work b� in k4ordande iyith.ffie Contract Documents.I - kill':nOt . ' b - e: def active. 'CQN7RAC70R's ryes rarity iind gumnice hercundleir excludes eefeuts.ordamageciausod bv- iibkisK, modilication or improper MmiarlarIM'Or operation .by. perions',odwr than CONTRACTOR, Sul: �-traertars or SupPlitmur 6.30.'1.'-5: normal wcar und'teaT under normal' usage: :5So? Cd\TTiACTOPs obligatioqp W . per 'form and . complete with the Contract Dbcwnch& shall'ti—iibsciAute. None of,ihe following vAly constitute. an hCce _pricd Of WOrk � that ISnot in UCE)COENUtAL C0i,L)1T10,Mj 19104 0990 EdLivl) Al CM OHORT COLL1.1Z MODIFICAPONS (REV4/2-0001 .accordrifice.with'the:Contract D&-drii6its or a release of CPIMURACTOR's obligaiidn to:perfo¢n the Xk'ork_ in accordance with'the Contniiet.ljocumcrils- recommeriilaticn of any progm or firial oymcqf ly UG DITECT� 6.30.13.' - the "Lauanoc, of a certificate of Sub&ifinu, b a] 'Completion Or any pn�'MML y c1c c&-,\tKkcTbR under thontruct 6,30-14. useLor Occupancy of the Work or any rArt thereof by 6V&TFR;: -,06�15. any a6e6t;ihc_c b3, OWNER or, any 630.256., aqyrevie;w and.uppraval of a. Shop .15mvoiriia or SamI516:sixbmitlafor a riotice''jf ricceputttility by Ef4CANFER pursuant to paragraph 14AS, 630.1-7. -any,: tc.q 111ST)CCUOT1,1 . .,or Pprzoval by others: Of 6.3019, any con-cetion of djieriVe Work by 6-31. To the fullest; ext6m;:parmittid by '.Lrtws.and agents 'bill. not limited to; , all fees, and I chinrges' p f. "engineer-3, I tit I c1litec'ts. rtwrrteys and other piofmiday Is y and , W all court 0.17,arbit.nition mr. ot )�cr dispute by, arising . out of or Yesuftmi fi,om. the perfofinance of the Work; lirovid&that 'aiiy such clahii costloss of damage:fitis attributable to bodilymiurv.' sickness .. disease Or -is caused in,vehble or in pan gent act mr:Oilia ibhor C6ITRACTor , any in part by any negligence or cmissioriof.0 Oerson or ewity iMermnified heieunder or whethartty. "liabil ' - is imposed upon such indemnified parly'by Luivs and Reoulatiom Yny such person Or crifity. 632 n ao"ry, and all claims against- 6VINER a �I any ofkcr� drictors'gr anp1cly5cs-, by any'xmployeC (or the sumiyar, or, at refrtsentatveof.suchlcnploycc) of CON;��-'Subco�r, any Supplier:. any rwwn or orgarumtion:directly or in'directly employed by 17 0 any ,of them to perfomt or fumi:li any .of the Work or m• aone. for xhose acts _any of .thei t may be liable, the nri&mni, catica oblinafion under paragraph 6.31 shall not be'Lniied many ivziy-by.a w limitHuon on the amount or type :cbdama.atm compenauonor- beriefis payableby.or for CO 1TRACTOR or anv s ich Subeentractor, rSup pher or other person ororgamzntion under workers' comPensation acts, dLmb1l1l' beheld ac6 or other dvployee benefitacts. 6.33. The i demnificauon obligations of CO_vTRACTOR under-piiragnaph 6.31 _shall not .wend to the* fiabihty of E2vGLNEER aricl EN'GIN'fiER's Cotsultartt> offices, directors;; employees or agents caused' lay the professional negligence, eri s or Bm s{ions of.iiny of thcra.: Stinira!•of obLi aq io ts. 6.J4: At rcprrsentajions, indemnification: warrantiek. and guarartices ma lc in. rcqu ed;bto von n accor lm ce with the Contract''I)oamctts,.as wolf as all,'oontinumg, obfie traits indicated in the ,C'ontract Documcm, 'trill: survive r1hal payineitt, oomplei:i i ,aridncce mbce. of the, Work;arid tenninagon d(iminmetion of The:Agcdmcrd. ARTICLE 7-OTITER N40RIC - Rrlaied'lVork at S"de: 7.1,. OW_ NER,may pcfoiin, other: work related to the: Project at dhe site :by ONVNER'i Own forces, 'or)ct other direct, contracts -therefor. µhichshall contain -Gericml, L4 to other 'Work and a claim therefor is are unable to agree as to tlic amount or CONTRACTOR'shall afford each other contractor 'iscapatn•'to.sikh a direii:contimet.and eakh utility Cr (and bNyN.R, rL OWNER is, performing the '.icgtal work iVidi O)NrNER'st cn ployerm} •proper- and au:ess to the: site.and'a rmwnable opportunity for thi diction and'4M,: ge of materials iizid.,equipmefit. and any.work'of othas by. or [his panfaiuph are'tor the benefit ofsuch utility o%virrs:arid other eontmelots'10 the. e'ierjt-that tent -arc comparable, E)CDCOEYEEGIL CONt MONO 19 t11S 0990 Ediitim1' 1$ wf CITY OFFORT C@LLIt` MOb1F1CATIONS 1RLV-112060) nisiotis torthe benefit of CONTRACTOR in said f contracts, behveen ()WN' ER and such utility boners and othercontmclom 13 If the proper'execution or, results of any part of to in such othca_, orl€.tliet.cenda it iuiaysihiblc,or. unsuitable for the proper'eaecplion aril results of COISfRACTOR's Work. CONTRACTOR's Tailurc so' to report, will constitute an_.aaxpmnce-.ofsuch-. othi r w,ark. as. fit, and wooer for..inkeratiori.:with ;CONTRACTOWs Work C'oorrliiibrioav 7-4_ elf OWNER .contracts: with others for the performance. of.otha w•tirk'owthe Project atthe site; the -follott itik wil 1, ba set forth. Supplementary Conditions 7 4 1. the persorl,.Cuni. or-ccipaptiop whoa will have authority-and:'ie. risibility for co_*i ation of the Tctnvlties airnong,tfi5,yarjous prime contractors will be identified; 741 ;ffe'speafic,:matters to be.covered 'by such authorily and respwistliility Al be iteinized- and 7.4,3:' the .'extent- of SUCH 'authority and respoii ibilitics will he — idea. - Unless .onbcnvisr provided in the. Supplementary Conditions, MKER dial' hive sole 'authority and responsibility ip reT.La of su;ii,coordi» atiop,. ARTICLE S-O\V\%EWS RESPONSEBELI'I'fLS :8:1. Except as otherwise provided in'these.Gerneral Co1Klitiom„Mi,NRER'shalt' issue,all. communications to: CO v`TRACTOR tivoughLNGL\LER. 8:2,Ian-caseof ;termination .of the., employment of I.�i IGINEER,-'OWNEIt S}iall .appoint. an engineeragainst i4}x7m-EE1t\F, TR:4cTO1Z—ma4,es-na-rees'owblc-ekijz(tiork whose status 6nder.ihe•C6ntrict Docuinents shall be -that ,of the former ENGMEER S3. OkV!,M shall: Airriish the ,data required' of OkVNER-undff. tlic'Contract Doctuneiits,promptly'and shall_ maka' payanerdsiled-in to CONTRACTOR.promptJy when tFi�n are due as prof tparagraphs 1 a:3 and l4. !'?. 8.3.. Ol1NER'sduties in respectdf,providina lands and . easements . and providata' e'ng,uimring. surveys to establish referanct _ points are set forth' n pt n graphs 4-1 and 44 P?ragnaph41'refers to. OWNER's identifying. and making;"avatlablc to'CQNTRACI'OR copies. of reports of explorations ,and tests of subsurface conditions atthe.siteaiid. dmwirgr,pf physical,conditions in exisiing. h stivetures at or contiguous to the Site that hive been kid Liz - 0, h30\,GTNEEIZ in prepikring;-Lhe,Cbhfmci Do6tarients, 9.6. OWNER is:obfiit-auxl to execute Change Orders as .iridicmted in pitrzig . aph 10.4, :S'7- 'OWNERS TCS- 'Wrisibility. in respect. or, certain z ­ . PC inspi;cti forth qns_ tests in ,approvals is set o .in: parngmph 13.4. �.813_ In connection.,k%: . nh'OWN'F.Rs right to slap Work or suspend` ',VVork, $cE, , par I aMV 33-10 and 15A, *Riright to terminate services o17-COWRA&OWunder certain ctrcurnstances. 'rhc DWriNTER, shall not: s6pervi= direct or have _qontigl ,_or, authority m7. nor be responsible f6r. ,CUNITRACT.OR'slnians, methods techn iques, iqueS, Sequences or pruccclurcs.bf.constru6tion or. the safpty precautions and th"'A " od , for any. 'failure Or Laws and Regulations CON'r.RA(_-r.0V_-to.'cqmpl)r K91, applicabje wtJoic'-fur6ming prperrormance of.the "Work. O.MNER will �ftov be 'rc-Sprnsible for (X)NTR_ACI*0Ws laifure-to p'cr-fiarrri. orfiirftL4h; tk-Work in uccordarruo with !he site Sei4� �A j;;Zjm7 le runtis C ARTICIA 9-EN-GIIAER'S 'STATUS 'DURLNG COLN T­.. CTIOx.. ._p Q8' VkR't-_RepraeWtafi , V& pcn- "Ihe duties and responsibilitics} -and the lanitkitions of aulhoriiy of RGDZERI ai "OWNERS .._representative airing construction ure set, r6rih in'tl�4 Ccintruct, Documents: and ,shell not be--e. ql*4iviLhou.twritten conserA,.O.rOWNER indINUTNEER: I Bid- to Me 9.2. ENGLNEER will ruiikc,visitk to the site at intervE Ls apptnpnate to t YaTic.uses . stag. of construction as ENGIATEER'decinns.necessaryI "', order to ob6mc as an ,in expeiienced desi& - pro ihe progess: ig I RS 0991IEdtivo W1 CITY OFFORTCOLLINSMODIFICA710' 14S (REV,IP000) Liar has been inade'rind the quafjtv of.the various aspects or cmrr�&ows m M C-te'd, Work, Erased' on infarniiition obta _g i iri�ttdiirin-`.such visits alld observations,observations,s. Q�GP\=. %.viU Yor-for the benefit of OWNER 6 dctcrrhtri��. iri'mricrml if: the WcTrkis pm&edmig in accordance wjS it ill not be Ye 4iiii4tb make*t_,Jwustive or continuous Am- silef.=pectionslo check; thelquality.ctr quazatity of -the Work. MKGINEER's efr6fts­Arill be direcied.toward providing for OkO,]"ER a greater dekur= of tonfiderick: that the Ccr�oleled Wort. ',kvill conform igenerally to the Ccil act bocu_mean -.On the basis of smh_ visiis u;xJ on - site obwvatidis; -ENIGNEERr Will keep O"'\TER irdurmed of the progress of the -%lrork add w7endeayo'r to g6ard, OW'KE7P naaimr zkfeci eWort:. 04MNTER's visits aid,oh4itcmbirvatiorna are Sbic6t to allthe &Ojed 4epreSenId14*..I to ;as, or agent to -represent GINEERs Consultant, ties and ituth6firy -and' r person. will. be , as 9.3,1,.- "rheKei:rresenditj3e's iieafinias:irk matters V- pe irwto, the are-stc work wilL m verkerdt. he with fthe! WGrIqRER and CO'NURACTOR But, the &Msenfitivewill'_keep'IheQIVINER_pro rl%, advised abo6i -such�:matteiv. , The deahrim with subcontractors .will only b0 thibueh or -with 'the fuT kfikiwleke and npmoM of th CON9!F-4(,-TOP- :93.2. Duties andReapoi;isibifities., Representative will: .93:21_Schedules- - Revjkcw •-Mho- pro,_,rvzs m