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109445 CONNELL RESOURCES INC - CONTRACT - BID - 7650 TIMBERLINE & KECHTER RIGHT TURN LANES
City of Fort Collins Purchasing SPECIFICATIONS AND Financial Services Purchasing Division 215 N. Mason St. 2" Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov. com/pnrchasing CONTRACT DOCUMENTS FOR TIMBERLINE & KECHTER RIGHT TURN LANES BID NO. 7650 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS • JUNE 13, 2014 - 3:00 P.M. (OUR CLOCK) responsible Bidder that proposes to use acceptable subcontractors. • Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 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. 0 �J 0 0 45-:2 QN ILNGT9RDe shalltmmediete}y-{+}appall suoh-notice-irt-writmp�-01W3ER—shell-prmnptFy consult-with-ENGINEity-fur OWNER-totetain-a-qualified pen-to-evaluete siwh Uwe EXI)COENFRM: COND1710M 1910.9 (1990 Edlkn) w7CITY OFFORT 00LU S MODIFICATIONS (REV 4n000) ARTICLE S-BONDS AND INSURANCE Perfar 11 , Payment and Other Bondy: - 5.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security far the faithful performance and paymem of all CONCRACI'ORs obL'gations under.the Comma Documents. These Bonds shall ranain in effect at least until one year after the date when final -payment becomes due,. except as.provided otherwise byy' Laws or Regulations a o by the Cact Documents. CONTRACTOR shall also famish such other Bonds as are required by the Snpplemcmary.Conditionc All Bonds shall be in the form prescribed by the Cont act Documents s except as provided otherwise by Lawor Regulations and shall be executed by such sureties as, arenamed in the Acceptable Reatslairig Companies" as published in Circular570 (amended) by the Audit Stag Bureau of Government Financial Operations, U.STreosmy Department All Bonds signed .by -an agent must be accompanied by a oettified copy of such agcnes authority to act. 5.2. If the surety on :any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated many state where any part of the Project is located or it ceases to meet the requrfementsof paragraph 5.1, CONTRACTOR shall within ten days. thereafter substitute another Bond and surety, loth of which must be acceptable to OWNER 5.3. Iimmrd Sureties and Insures; Certificates of Insurance: 5.3.1. All Bonds and insurance roquirod by .the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or, authoriad in the jurisdiction in which the for the Whits and coverages so required Such surety and imranice companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Condition. other evidence r ER or any other deliver to OWNER sured ideraified in the CONTRACTOR's Liability Inemmnee• 5 4. CONTRACTOR shall purchase and maintain such Nobility and tither insurance as is appropriate the Work being performed and furnished and as will provide protection from claims set forth below which may arise out If or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or famished by CONTRACTOR arty Subcontractor or Supplier, or by anyone directly or imbrectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts my of than may be liable: 5.4.1. claims tinder workers compensation, disability .benefits and other similar employer benefit acts; 5.4.2. claims for damages because of bodily injury, occupational si&nm or disease, or death of CONT RACEOR's'employees; 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 5..". claims-for-damages-insured-by-tvstonary 5.4.5. claims for damages, other than to the Work itself because of injury to or demotion of tangible property whoever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury a death of any kwson or property damage arising out of the ownership, maintenance err use of any motor vehicle. The policies of insu m nce so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respea to insurance required by rgraphs'5.4.3 through 5.4.6 inclusive mid 5.4.9. include as additional irmtieds. (subject to n4 customary exclusion in respect of professional liabilityy), OWNER ENGINEER; hll4GINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respeclivn officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater, 5.4.9. include completed opemtons insurance; WCDCOENERALCOt.'D MOM 191050990Edum) wt CITY OF FORT COLLItS MODIFICATIONS (REV 4rl000) 5.4.10. include contractual Nobility iasmance covering CONTRACTOR's indemnity obligations under paragraphs 6.12. 6.16 and 6.31 through 6.33; SAA 1. contain 6 provision o endorsement that the coverage afforded will riot be carnccUed, materially changed or renetvol refused untit at least thirty days' prior written notice has been. given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to wham a certificate of instuannce has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 532 will so provide); _ 5.4.12. remain in effect at least until final payment and at all times there after when CONTRACTOR may be cortecting, removing or replacing defective Wink in accordance with paragraph 13.12; and 5.4.13, with respect to completed operations insurance, and any insurance cover written on a claims -made basis, remain in effectat least two years after final payment (and CONTRACTOR shall fumish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER ,and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWAFR Is Liability Insurance.• 5.5, in addition to insurance required to be provided by CONTRACTOR under paragraph 5A, OWNER, at OWNER's option,. may purchase and maintain at OWNER's expense OWNII's own liability insurance as will protect OWNER against claims which may arise from operations under the.Contraa Documents Property lnsarance: 5:6.—Urnla -otherwise-provided-in-dwSupplementary CoMitions OluNf'R-sltaR-purchase-endthmaintain of-ihaible-ee o,"s-a cost--tA h--p(subject-to-soar daduclible-amounts--ins-may-ha-pra.;ae.l-o -a•hx Supplementary-Eonditions-or-required-by-haws-anal Regukitiors). "flirsuvsuroncasMlle 3:6:1—inelxde—tire—uderests—ot—OWNER: "itiem-ideAif d-m-the-SupplemaNery-Qmidharms: eaehofwhceirisKleemed to-hevc emirr�uable-interest andehi&bo4isted asan•insured -additional instverl; 5.6.?-he-wretten-on-e-Builder's-Rislr=elk-rssk=or the-fe4lewfrng--peril•. n, -.err= ,^ '�8S•.n:ag--•�a.^"ad E • • covaege-shed-vurdetise-and-ntnlicious-mischief mmrtier Me topd* Wod"Gt4h"te-0l{-dteN-in . E}} ILanw efRipl M Azude-a<penaee- umed- ffi -repaff a replacement-of-any-unwred-pe'eiperig(u+cludit�tt-not wdnw *l oFat-another-!ocanon't}et-was-ngreed4O-ut�rrtu>$-by �rovidad that-such-ma[�ielrs-andequipmeM-have'4 n. 5.6.5. be ."^-tlntil_fweF{lBYmen4-t5 Ihii["Tim'..^r.Nep-ABfI6d-�e-eNah-aki19F8hd b, -.l isaled- • 3:1C�.-1�GONGW4GFFNi-regnesis-in'writug-dlat-other ea lA0Fe0f-tvdl-lfO-Ghe M �.Ghange-Ekder--a�Vrittwl-Amendment.—m.,,--- •o 10 EICDCOENStALCOMNTIOM1910-BN99DE"m) n1 aTY OF FORT ODLUM MODIMATIONS (REV CQ000 0 .age' �. 69PrFRA�'3'OR—._ Sut�cmkaao� e(Eoers.--0irzetor� em$loYees'and-agents-oF-any-of thatr� foF ,;'' .'-,-,.A-.,,-.-_ .-her-conseryaeMiel-lase-extending beyond-throw-physical-less-or--omega-to GIAINE e hdheouc-not4 resiltb5,Gwn-&rror-aher--peen wk)etker-or-not-ir�xed-by-9; and 3.+1-23. l�damegs-to-ihe- pletod rewltigg-from-hra �or-elherirtural-QaiF-covered during—puNiol—yli4iattion—pursuenF-10 pm t-to ix -14:10,-eF1er�SuF+starRia4-C-emptetion. parsum t 1psmgffiph gnph 11.137 -edee-fine)-payment irt-1{bD--eVea1 aaa50flk1enEla� ^""�.a-r" nSnFers Wi1{-hBVe-pB-rot^ of recovery-against-arty-o&CQNi'-RAGTOR. Subcaurectors: Receipt andApplication of Insurance Proceeth: 5.1?: Any insured loss under the policies of insurance requuad by pamgaphs5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements" of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate .amount any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof end the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. " 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest sliall object in writing within fifteen days after the occurrence of Ioss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the 'usurers in accordance with such agreement, as the parties in interest may reach if no such agreement among the parties in interest is touched, OWNER as fiduciary shall adjust and settle the toss with the insurers r Acceptance of Bandy and fnmnmce,• Option to Replace: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the Donds-or insurance required to be purchased and maintained by the ever--yn CONTRACTOR in accordance with Article 5 on the ba� 27. Partial 17ti67atron—Property Insurance: 5.15. If OWNER findsitnecessary to occupy or use a portion or portions of the Work prior to Substantial E)CDc ttDu i, cot Drnom r91o8 o990 Fatim) w1QTy OF FONT COL11M MODIFICATIONS (YEV 4r10aa) Completion of all the Work. such use or occupancy may be accomplished in accordance with paragraph 14.10, Cvided that no such use or occupancy shall commence ore the insurers providing the property insurance have ackrtowlcilgal notice thereof and in writing effected any changes'In coverage necessitated thereby. The iisswers providing the propertyinsurance shalt consent by endorsement on the policy or policies, but the prcperty insurance: shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6-001WRACTOR'S RESPONSIBILITIES Supentision and Superintendence: 6.1. CONTRACTOR" shall supervise, .inspect and direct the Work competently and efficiently. devoting such attention thereto and applying such skills and expertise m maybe necessary to perform they Work in amortlance with the Contract Wcmnents: CONTRACTOR shall be solely responsible for the mean.% methods, techniques, sequences and procedure of construction, but CONTRACTOR shall nor be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to sec that the completed Work complies accurately with the"Cantmet Documents 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to. OWNER and INGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to ad at behalf of CONTRACTOR All communications to the superintendent that be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 63. CONTRACTOR shall provide campetem, suitably qualified personnel to survey; ley out and construct the Work ,as required by the Contract Documents CONTRACTOR shall at all times maintain good disci line and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime wort: or the performance of Work on Saturday, Sunday or any legal holiday without OWIIER's written consent Riven alter prior wnaen notice to ENGINEER Ll • a6.4. Unless otherwise 'specified in the General Requirements CONTRACTOR shall furnish and assume full responsibility for all materials, equipment; labor, transportation, oostmction equipment and.machmery, tools; appHarem Joel., power; light, heat, telephone, water, sanitary fiudares, temporary ,facilities and all other facilities and incidentals necessary for the furnishing performance, testing start-up and completion of the Work. 6:4.1. has' Restrictions: CONTRACTOR musfcwnoIV with the Cgs pumhrearea restrictions. A cbov of the resolutions are available for review in the .offices of the Purchasing. and Risk Marpgemerit Division or the CitvClerles olhce. 6.4.2: ;.Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or pmorets containiiy�'cement to certify than the cement was not made in cement kilnsthat that hazardous waste as a fool oontaim or is followed bywords reading that no like. equivalent or "or -equal" item or no substitution is Permitted, oil= items of material or equipment or material or equipment of other Suppliers may'lie accepted by ENGINEER under the following iirnrmstances: 6.7.1.1, Vr-Egiml'.". If in' ENGINEER's•sde discretion an item of -material or equipment proposed by 'CONTRACTOR is functiamlly .equal to Ihal named and sufficiently similar so that rw charge in related Work will be requuel, it may be considered by ENGINEER as an "or al" 'item, in which case review and approval of the proposed itern may; in ENGINF.Eles sole discretion, be.accanplishcd without compliance with some 6 all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items 1f in ENGINEER's sole disctetion an item_ of material or equipment 6.5. All materials and equipment .shall be of good an "or -equal" item under subp6mgrapl .glity'-and new, except as otherwise provided in the will be considered a proposed .subs Ctract_ Documents. All warranties and guarantees CONTRACTOR .shell submit specifically called for by the Specifications shall: expressly information as provided below run to the brnefrt of OWNER If required by ENGINEER, ENGINEER to determine that the item ;(including reports of required acts) as to-thekind .and quality of materitls and equipment. All maierals atnd egiiipment'shall be applied installed, connected, erected, uttd, cleaned and conditioned vu eccardaruce with instructions of the applica6lc.Supplier, except as otherwiu provided in the Cmtrect Documents. Progre4s Schedule: • 66. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the. extent indicated in pamgmph2.9) proposed adjustments in the progress. sodnedule that will not charge the Contract Times (or Mlestones). Such adlusimems will conform generally to the progress schedule than 6 &rat aril additionally will comply with any provisions of the General Requirements applicable thereto.' 6.6.2.. Proposed adjustments in the progress schedule .that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may ,only be made by a Cba%e Order or Written Amendment in accordance with Anccle 12. 6.7. Sabstltutesand -Or-Equal"Items 6.7.1. Whenever an item of material or, equipment is specified or described in the Contract Documents.by using the mine of a prpprreary item or thtc�nsrn0 of a Particular Supplier; the. specification or description is attended to establish the type,, function and quality required. Unless the specification or description EICUC aENFRAL CONDITIONS 19108 (IM Edtkn) 12 wl CITY OF FORT omti Ns mornriCAtroNs(REV 412000) 0 The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to furnish or use'a substitute item of material or equipment, CONTRACTOR .shall fast make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the genial design, be similar in substance to that specified and be suited to the same useras that specified The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use an the Work will require a cbange-.in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on.the Project) to adapt the design to the, proposed substitute and whether or not incorporator or use of the substitute in connection with the Work is subject to payment of any license fee or royalty.. All variations of the prooppoosseed substitute from that specified will he ident' r� red m the application and available m_aimaremm repair and replacement service will be indicated The application will also contain in itemirsd estimate.of all costs or credits that will result directly or indirectly from acceptarice of such substitute, including costs of redesign and claims of other mntractos affected Ltli change, all of which will be Led by INGINEER in evaluating the osed substitute. INGINEER may rcyuve RACTOR to furnish additional data about. the'Proposed substitute. 6.7.1.3. CONTRACTOR's Expense: All data to be provided by CONTRACTOR in support of my proposed 'or -equal' or substitute item will be at CONTRACT OR's. expense. 6.7.2. SubsSade Construction McJie is or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown .or inrli.red in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilin a .substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINE.ER's sole discretion, to determine that the substituteproposed is equivalent to that expressly called for by the Cciamet-Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evafuatian:. ENGINEER will Ix allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragmphs 6.7.1.2 and 6.7.2. ENGINEER wig be the .sole judge of acceptability: No "or -equal" or substitute will be ordered, installed or utilimd without ENGINEER's price written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER.may require CONTRACTOR to famish at CONTRACTOR's expense a special performance guarantee or other surety with respect to my "or -equal" or substitute, ENGINISR will record time required by ENGINEER and ENGINEEWs Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.12 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed a submitted by CONTRACTOR CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGTNEER's Consultants for evaluating each such Proposed substitute. item. 6.8. Concerning Subcontractors, Suppliers and Olken., 6.8_1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization _(including those acceptable to OWNER and ENGINEER as indicated ' in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Su tier or other person or organization to Punish a per arty of the Wort: against whom CONTRACTOR has reasonable objection. ErCDCQV*;RAL C01,DI170NS 19108 (1990 Edtim) wf ci ry or 6oRT LOLUNS MODIMCAMNS ULEV 4200a) G9. CONTRACTOR shall Perform riot less than 20 percent of the Wank curt its own forces (that is without subcontracting), The 20 cent re ! 0 be understood to refer tothe Work the value of which totals and less than 20 percent of the Contract Price. 6.8.2. 1&4he-Srpplememnry-Gertditions Biddine Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (includrng those who are to furnish the ,principal items of materials or equipment) to be submitted m OWNER in-advenoe-vkhe-speoifmd date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER, —and -if or or by failing to make written objection thereto dateindicated for acceptance or objection in ling documents or the Contract Documents) of ENGINEER No acceptance by UWNER or ENGINEER of any such Subcontractor. Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective work. 6.9.1. CONTRACTOR shall be fully respetuble to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct ar indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and emissions. Nothatg in the Contract Documents shall create for the benefit of any such Subcontractor. Supplier or other person or crgamatmm any coraracmal relationship between OWNER or ENGINEER and any such Subcontractor. Supplier or other person or organization. nor shall it create any, obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by 13 i E Is 11 6.9.2. CONTRACTOR shall be solely responsible for scheduling .and coordinating the Work of Subcontractors, Supplier and other persons and Organizationsperforming or fwnishing any of the Work under is direct or indirect contract with CONTRACTOR: CONTRACTOR shall require .all Subcontractors, Suppliers and such other persons and or perfortnittg or furnishing airy of the Wad; to.cmnmuru to with the'LNGINEER through 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shell not control CONTRACTOR m dividing the Work among .Subcontractors or Suppliers or delineating the Work to be .performed hyany specific trade, 6-1 L All Work perfomred for 'CONTRACTOR by a Subcontractor Or Supplier will be pursuant to an apppprrooppriate agreement between CONTRACTOR and the Subaoramc(or or Supplier which specifically binds the Subcommetor or Supplier to the applicable terms and conditions of the Contmet Documents for the benefit of OWNER and ENGINBER. WheneveHmy-. hegFeement Phieni Fees and R6idded: 6,12. CONTRACTOR' shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the imorr)oration in the Work is specified in the Contract Documents "for use in the performance of the Work find if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or oopyrights calling for the payment of any license fee or royalty to others; the existenceof such rights shall be disclosed by OWNER in the Contras Documents. To the of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyriglits incident to the use in performance of the Wort: oresulting from, the r incorporation in the Work of ani uwention, deign, oroceiA product or device not sparfied in the Contract EICUCOENQW. CONDITIOM 1910E (199DEdakn) 14 Wl CITY OF FORT COLWNS MODIFICATIONS tttt;V4n00D) Penn# 6.13. Unless otherwise provided in the Supplementary Conditiom, CONTRACTOR,shall obtain and Fey for all construction permits end licenses OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and.insyection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there amno',,Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6,14. Laws andReguladons: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work: Except where otherwise .expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall he responsible for monitoring C,ONTRACTOR's compliance with any Laws or Regulations. -6:14.2. If CONTRACTOR performs arty Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or. resulting therefrom; however, it shall not be CONTRACTOR's primary responsibility to make certain that the. Specifications and Drawings are inaccordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligation's under paragraph 3.3.2. Tuxes 6.15. CONTRACTOR shall pay all sales, consumer, use _and other similar taus required to be paid by CONTRACTOR in accordance with .the Laws and Regulations of the place of the Project which arc applicable during the performance of the Work. 6,15.1. OWNER is eaemot from Colomdo.State and local ..sales and use taxes on materials to be permarxntly incaQoreted into the project. Said taus shall not be included m the Commct Price, Address' Colorado Department of Revenue ,State Cenital AmIX 1375 Sherman Street Denver Colorado_ 80261 Sales awl Use Taxes fur the .State of Colorado Reumnel Transportation District.(RTD) and «rain Colorado counties are collected by the State of Colorado .and arc included in the Certification of Exemption. All aooliable Sales and Use Taxes (utclading State ollecI d taxes) on any items other than constriction and building materials u1mically incorporated into the 'ecK are to be- - id CONTRACTOR and are m included in aoorooriek bid items. Use ofPr'emises.' 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the. apaa�iots of workers to the. site and land and areas identical in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, righls of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility far any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or well, resulting from the performance of the Work. Should any claim be made by any such owner or occupant bemuse of the performance of the Work, CONTRACTOR shall promptly settle with such other party 'by negotiation or otherwise resolve the claim by arbitration or other depute resolution proceeding Drat law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER ENGINEER EVGDNELR's Consultant and anyone directly or indirectly employed by -any of them''from:and against all claims, costs, losses and damages arising out of or resulting. from arty claim or action, legal or equitable, brought by any such owner or ocwpant against OWNER ENGINEER or any other party indemnified hereunder to the intent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall. keep the premises Gee from abcumulatimns of waste materials, rubbish and other debris resulting fiom the Work At the completion of the Wyk CONTRACTOR shall remove all waste materials, rubbish and debris from and about the, premises as well as all tools, tipplianom construction equipment and machinery and surplus materials. CONTRACTOR shall leavo.the site clean and ready for occupancy by OWNER at Substantial Completion of the Wert:. CONTRACTOR shall restore to original condamn all property not designated for a1wration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any pan of any structure to be loaded in any manner that will cndanger the structure, non shall CONTRACTOR subject .any part of the Work or adjacent property to stresses or pressure%that will endanger it. Reeard Documents: EJCDC OENEM CONDITIONS 19104 (1990 E(Iition) w(CITY OF FORT COLIJN% MODIFICATIONS (REV 4R000) 6.19. CONTRACTOR shall maintain i n o safe plain at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders. Work Change Directives, Field Orders and written intapretalions and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during, construction These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, and priorto release of final pavinent these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Hnteedm 6.20. CONTRACTOR shall be responsible for initialing, maintaining .and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary procautiona for the safety of and shall provide the necessary protection to prevent damage, injury or loss m;. 6.20,1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated thercim whether in storage on or off the site; and 6,20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body havi gjurisdiction for safety of persons or property or to protect them can damage, injury or Icon; and shag sect and maintain all necessary safeguards for well safety and protection. CONTRACTOR shall notify owners ofadjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protections, removal, relocation and replacement of fluin,properly. All damsgge, InJury or loss to any property referred to in p ragrapls 6.20.2 a 6.20.3 caused, directly or mdrectly, in whole or input by CONTRACTOR arty Suloonaactor, Supplier or any other person or organ' ahon directly or indirectly employed by any of then to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (cxcept damage or loss attributable to the fault of Drawings or, Specifications or to the acts or omissions of OWNER or ENGINEER or DNGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable. and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them),. CONTRACTOR's duties and yonsibililies for the safety and protection of the Work shall continue until well time as all the Wort: is completed and ENGINEER has issued a 15 • 0 . noticetoOWNER and CONTRACTOR in accordance ,with paragraph 14.13 that the Work is acceptable (acept es otherwise apressly ,provided in connection with Substantial Canpletton). 6.21. Saft Repremniadve: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevemion of accidents and the maNaamvg and supervising of safety Precautions': and programs NarardCommanirarion Nograms: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of materialsafety data sheets or other harand communication information required to be made available to or exchanges) between or among employers at the site in aceodance with laws or' Regulations. bnergenci s 6.23. In emergencies affecting thesafety o protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR without special instruction .Or authorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract .Documents love been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response To such an emergency, a ;Work Charge Directive • or Change Order will be issued '.Jo document the consequences of such action 6.24. Shop DraivmgsandSampla 6.24.1. CONTRACTOR shall submit :Shop Drawings to ENGINEER for review end approval in accordance with the accepted schedule of Shop Drawings. and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in .the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete- with respect to quantifies. dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to .enable ENGINEER to review the information for the limited puposes ,required by paragraph 6,.26. 6.24.2CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identJed clearly submittals. material, Supplia, pertinent data such as catalog numbers and the use for which intended aril Otherwise as ENGINEER may, require to enable ENGINEER to review the submittal for the limited 16 EJCUCOENEP* CONDITIONS 1910.9(1990 E6tim) w/ CITY OF PORT COLGNS MODIFICATIONS nV 4n000) purposes required by pampaph 6,26. The number of each Sample to be submitted will be as specified in the Specifications. 6,25. Subminal Procedures: 6.25.f. Before submitting each Shop Drawing or Sam le, CONTRACTOR shall have determined and verif ed: 6.25.1.1. all field measurements, quantities, dimensions, ,specified patormance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shipping, liandlirg,. smrag assembly nerd .installation ,pertaining to the perforntance of the Work, and 6.25.1.3. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the )fork and the Contract Documents 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Slop ' Drawing Or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and; in additim dull cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 626. ENGINEER will review and approve Shop Draw ugs and Samples in accordance with the schedule of Shop D wings and Sample submittals accepted.by ENGINEER as required by paagmph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, alien installation o incorporation on the Work, conform to th'e inromation given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENG]NEER's review and approval will not extend to means, methods, techniques, sequences or procedures of co struction (acept where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions: CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by 627. ENGINEERIs review and approval of Shep Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Document unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notLou thereof incorpunned-in or accompanying the Shop Dmwuig or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing. and Sample submissions accepted by ENGINEER as required.by pamgmph2.9. any related Work performed prior to ENGINEER's review and approval of the pertinent si b subm mat will be at the sole expense and responility of CONTRACTOR Continuing the Mork, 6.29. CONTRACTOR shall cmrtrtyy on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputesor disagreements, except as permitted by paragraph 15.5 "as OWNER and CONTRACTOR may otherwise agree in Writing. 630. CONTRACrOR's. General Narr'an(w and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER'S Consultants that all Work will be in accordance with the Contract Document and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defect or damage causal by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons oher than CONTRACTOR Sulcwaractors or. Suppliers; or 630.1.2. normal wear and tear tender normal usage. 6.30.2. CONTRACTOR's obligation to perform arid complete the Work in accordance with the Contract Document shall be absolute. None of the following Will constitute an acceptance of Work that is not in EICDCOENERA1. CONDITIONS 1910-8 (1999 SCUM) vd city OF FORT COLLINS MODIRCATIONSUMV 9rL0M) accordance with die Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Document: 6.30.2.1. drservationa by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.2.4. um or occupancy of the Work or any part thereof by OWNER; 6.30.2.5. any.acceptince by OWNER or any More to do so; 6.30.2.6; any review and approval of a Shop Drawing or Sample submittal or the issuance of a .notice of acceptability by ENGINEER pursoam to paragraph 14.13; 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8' any correction of defective Work by OWNER: Indemnifiorliort: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER. ENGINEER ENGINE Ms Consultants and the officers, directom, employee.; agents and other consultants of each and any. of them from and against all dawns, costs, losses and damages (including, but not limited to, all fees and charges of erginms; architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, Zg out of or resulting from the performance of the Wor, out that any such claim, cost, loss or damage: (i) is attributable to -bodily injury, sickness. disease or death, or to injury to or destruction of tangible property (other than the Work huff), including the loss of use resulting therefrom, and (6) is caused in whole or in Fart by any negligent act or ornmion of CONTRACTOR my Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity andemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In airy end all claims against OWNER or 6NGMER'or any of their respective consultants, agents. officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR any Subcontractor. any .Supplier, any person or organization directly or indirectly employed by 17 LJ • A • . 13.0 SUBMISSION OF BIDS 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation 'BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. • 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to • reject the Bid of any Bidder if OWNER believes that it would not be in the best schedule and other schedules oretered :by the CONTRACTOR and consult with the ENGINEER mncernine acceptability, 93.22 -Conferences and Mating - Attend meetina with the "CONTRACTOR such as V crecoMction conferences. progress mectings And other iob confeiertces and prepare and circulate copies of minutes ormeetines. 9.3.2.3:Liaison 9.3.2.3.L Serve es ENGINEER'S liaison with CONTRACTOR waking principally dvough WNI'RACTORS mperintmdant to assist the CONTRACTOR in understanding the Contract Documents. 9.3.2.3.2. Assisfinobtainine from OWNER additioml details or information when rewired for proper aeecution of the Work. 9.3.23.3. Advise the SNOINEER and CONTRACTOR of the commencemmt of any Work requiring a Shop Dmwme or mmnlesubmiscion if the submission has not be naMmyod by the ENGINEER. Work, Inspections f Wak: Reigrjtpp of Defective and Tests - 9.3.2.4.1. Conduct on -site observations of e o assist the ENGMER in dWoretermining ,d the Work ispmccedMg in accordsnc, with the Contract Dacuments • 9.3.2.4.3. Accomnv visiting insvectors renresentine public or other .agencies hiving Iurisdiction over the ProiecL record the results DC these inspections and report to .the ENGINEER 9.3.2.5. Interpretation of Comacl Documems. Report to ENGINEER when clarifications aril interaemtions of the Contend Documents are needed and lmrumit to CONTRACTOR clarification and interpretation of the Contract Doaanents'. as isued by the IaaCeralSeta 9.3.2.6. Modifications. Consider and evaluate •CONTRACTOR'S- suggestions fa 20 MCDCOM4MALCONDITIOM1910-U(1990E(fitim) WICITY OF FORT COLD M MODIFICATIONS (REV 4ROOD) 0 modificatim in DmwinM or Specifications and report .dress, recommerdatioru Io.ENGI]dEER. cctaatel transmit to CONTRACTOR declstonsisualby. ,ENGINEER 93.23, Records. 2:3.2$,_84p&L13 93281 Furnish ENGRVEER Refjodic reports. as.required gress of the praof the Wort• and of the CONTRACPOR'S eomoliance with the progress seheduee aitd schedule of shoo Drawing and sample submggis 9.3.2.8.2. Consult with LNGMEER in advance of schedulurg major tests. inmecti — or start of immrant Dhases of the mnc 9.3.2.8.3. Dmft or000sed Change Orders and Work Directive Changes obtaining backup material from the WNfRACTOR and recommend to -ENGINEER Change Orders. Work Directives Changes And field orders 9.3.2.8.4. Reooitimmediately to ENGINEER mtd OWNER the occurrence of any accident 93.2.9. Pavmenl Repuests Review woi wpymem ehbWNTRACTOR formaitianonm bd s Procedure for their submission and forward with recommencintion to ENGINEER. noting particularly the relationship of the payment reggested to the schedule of values work completed and materials and eauimnent delivered at the site but not mcorowatal m-the Work 9.3.2:10. Completion: 9,12-10.1. Before ENGINEER issues a Certificate of Substantial-0umoletion; submit to CONTRACTOR -a list of observed items reauuina correction or completion 9.3.2.10.2. Conduct final inspection in the company of the ENGINEER. OWNER and CONTRACTOR and prelrrrc a feral list of items to be corrected or completed. 932103 Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER conceniing acceptance. 93.3. Limitation of Authority: The Representative shall not, 9.3.3.1. Authorize anv deviations from the Contract Documents or accept any substitute R>9�eSi1{$ 4l_FS1�iPAenS_4111£�Lmt igedJy ENGINEER 9332 Exceed limitations of ENGINE.ER'S authority as set forth in the Contract Documents, 9.3.3:3. Undertake.any of the rmporsibilities of the CONTRACTOR Subcontractors, or CONTRACTQ(��sTtpeljRtgrldept, 93 3 4 Advise on or issue directions relative to. or assume control over any aspect of —the means, methods, techniques, senuences or procedures for constnution unless such is s�teciGcally called form the Contract Documents. 9.3.3.5. Advise on or issue directions reearrlaa or assume control over safety precautions and programs in connections with the Work. 9.3.3.6. Accent Shoo g Drawinor sat r)_le submittals from anvorte other -than the CONTRACTOR 9337 Authorize OWNER to occupy the Work in whole or in part. 9.3.3.8. participate in specialized Geld or laboratory tests or inspections conducted by others except as specifically authorized by the ENGINEER Clarifications andlnterpremfions: '.9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the E1CDC 00ERM. COMITIONS 1910-8 (1990 Edam) Nd CITY OF FORT COUJM MODIECATIONS (REV 9n000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably in5mble from the Contract Documents. Such written clarifiraliom and interpretations will be binding on OWNER and CONTRACTOR If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are onableto agree to the amount or extent therool if arrtyry, OWNER a CONTRACTOR may make a written cl im therefor as provided in Article I I or Article 12. Authorized Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Priceor the Contract Tines and are compatible with the design. concept of the completed Project as a functioning whole as indicated by the Contract Do ctuments. These may be nocomplisired by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perfomt the Work involved promptly. If OWNER a CONTRACTOR believes that a Ficld Orderjustifics an adjustment in the Conunct Prier. or the Contract Timesand the parties are unable to agree as to the .amount a extem thereof. OWNER or CONTRACTOR may, make a written claim therefor as movided in Article ll or 12. Rejecting Defective Work 9.6. ENGINEER.will have authority to dimpprovo or reject Wok which ENGINEER believes to be dfeclrve, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents cr that will prejudice t}x integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Winkas provided in paragraph 13.9, whether or not the Work is fabricated. installed or completed. shop Drawings, Change Orders andPapments: 9.7. In connection with ENGWEER's authority as to Slop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.& in connection with ENGINEERS authority as to Change Orders, sm Articles 10, 11, and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Determinations for Unit Prices:, 9.10. ENGINEER will ddeanine the actual quantities and classifications of Unit Price Work Performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's 'preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 • 0 • 0 any of them, to pirfoim or famish any of the Work or anyone . for whose acts any of lien may be lable; the indemti fouler obligation under p agraph6.31 shall not .be limited inany way by any limitation on the amount or ;type of damages, canpernsation or -benefits payable by or for CONTRACTOR or,any such Subcontractor, Supplier or other. person or orgamtization under workers' compensation acts, disability benefit ads or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to die Debility of ENGINEER and ENGWEER's'Consultants, olTicers, directors, employees or agents mused by the :professional negligence, errors a omissiora of any of than. SLnzra/ ofObligadMK 6.34. All representations, indemnifications, warranties and gumaraea made in. required by a given in accordance withtheConrad Documents, as well as all eontinnin obligations indicated in the Conrad Documents, will survive final payment, completion and acceptance -of the Work and termination or completion of the Agreement. ARTICLE 7—OTHER WORK Related Wank at SNe: 7.1. OWNER may perform other work related to the project at the site by OWNERS own farces, or let other direct contracts therefor which shall contain General Conditions similar to ih ese, or have other work performed by.utifity owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i)_written notice thereof wdl be given to CONTRACTOR prior. b starting any such other work and (u) CONTRACTOR may makea claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof 7.2. CONTRACTOR shag affmd each other contractor who is a party to such a dived contract and each utility owner (and OWNLR, if OWNER is performing the additional work with OWNER' employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly cameo and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shaft -do all vetting, fitting and patching of the Work that may be required tomake its several parts come together properly and integrate with such other worn:. CONTRACTOR shall not endanger any work of others by coming, exmvudng or otherwise altering their work and will only cut a alter their work with the written consent of ENGINEER and the others whose wok will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable is EICDCOENEM CONDITIOM 191"(IM Edtim) WIMY OF FORT COIL NS momnCATIOM (REV 4R00D) .provisions for the benefit of CONTRACTOR in, said .Erred cwraets between OWNER and such'utifity owners and other contractors: 7.3. If the proper execution or results of any. part ;of CONTRACTOR's Work depends upon work performed by others under' this Article 7, CONTRACTOR shall inspect such -other work and promptly report to ENGINEER'in writing any delays,. defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of.CONTRACTOR's Work: CONTRACTOR's failure so to report will constitute an acmptanice of such other work as fit and proper, for integration with CONTRACTOR's Work except for Intent or nonapparent defects and deficiencies in such other work. CoorrSnation: 7.4. If OWNER contracts with others for the performance of other soak on the Project at the site,. the following will be set fixtH in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to,be,wvcred by such authority and responsibility will be itemized; and 74.3. the extent of such authority and responsibilities will be provided - Unless otherwise ._provided in the Supplementary Conditions, OWNER shall have ,sole authority and responsibility in respell of such coordination. ARTICLE S—OWNER'S RFSPONME ITIES 8.1. Exce t as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR throughENGINEM;L -... 8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against whem-CQ?4.TR-ACTOR—make.;;n reasmrebk-otjmtic% whose status under the Contract Documents shall be that of the former ENGINEER. 81 OWNER :shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing ungoreeting suvcyyss to establish reference points we set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refas,to OWNER's identifying and making avmlable to CONTRACTOR copies of reports. of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or coninuous to the site that have been utilized by ENGINEER in preparing the Contract Documents fortAmpmggephs35-ttwouglr54(0. 8.6. OWNER is obligated to execute Change Orders as indicated in pemgmph 10.4. 8.7. OWNER's responsibility in iespecl of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or =Tend work, we paragrapphs.1310 and 15.1. .Paragraph 15.2 deals with OWNER's right to termhate services of CONTRACTOR under retrain circumstances. 8.9. The OWNER shall nor supervise, direct or have control or authority over, nor be responsible. for, 'CONTRACrOR's means, methods, techniques, sequences construction procedures of consetion or ihcsafety precautions and programs incident thereto, a for any failure of CONTRACTOR to comply with laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible for CONI'RACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. eriangemanRs—kevr-Gem—meek—to—satisfy—O W PiLSt's raspotuibiFity-irt-respect-thereof-will-6a�as-set-fmh-ui-tha Suppknhnitany6onidiEiore: ARTICLE 9—ENGINEER'S - STATUS DURING CONSTRUCTION OIVAIM's Representofi re: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are sec forth in the Contract Documents and shell not beextended without written consent of OWNER and ENGINEER 15.dts to Site., 9.2. ENGINEER will make visits to the site at intervals appropriate to, the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress &CDC084FRAL COMT10Id51910F ([99a Edtim) Ma ry Or FORT COLUM NIODMCA11ONS (REV 412000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations. ENGINEER will endeavor for the benefit of OWNERto determine, in gencril, if the Work is proceeding in accordance, with the Contract Documents ENGINEER will not be required to make exhaustive or oontinuous on - site inspections to check the quality a quantity of the Work. ENGINE-R's efforts will be directed toward providing forOWNER a greater degree of confidence that the completed Work will confomh generally to the Contract Documents On the basis of such visits and on - 'site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. l:INGINEEl2's visits and on -site observations arc subject to all the limitations on ENGINEER' autharrty and responsibility set forth in paragraph 9.13, and panrwlarly, but without on =' limitatia us a MMIL of ENGINEEWs on -sae visits a observations of CONTRACfOWs Work ENGINEER will not supervise, direct. control or have authority over or be respbriible for COMRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, at for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the fin nishing or performance of the Work. Project Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER will famish a Resident Projcct Representative to assist ENGINEER in provirlmg more continuous observation of the Weak. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in pamgraphs9.3 and 9.13 ^—' m �_..._. Conditions of these General Corditiotx If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in g_ungrnph—U 931 The Reaesenmtive's deaErres in matters tiaminirtg to the onsite work will, in neneral, be with the ENGINEER and CONTRACTOR But. the Representative will keep the OWNER mooerly advised about such matters. The Representative's dealinns with subcontractors will only be through or with the Cull kiowledae e� eoaovel oC the CONTRACTOR 932 Duties and Responsibilities. Representative w_Il: 9.3.2.1.Schedules - Review the progress 19. n U • 0 • {a Payment or otherwise). ENGINEER's written decision thereon will be finial and bindvig upon OWNER and CONTRACTOR, unless. within ten days after the date of any such deasia4 either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision end: '(i) an appeal from ENGINEER's decision is taken within the time Gmrts;and in: accordance with the procedures act forth in Exhibit GC -A, "Dispute Resolution Agreement", entered inio between OWNER and CONTRACTOR pursuant to Article 16, a (G) if no such Dispute Resolution Agreement has bcm mitred into, a formal piotteding is instituted by the appealing party in a forum of competent jurisdiction to exercise suchrights or remedies as the appealing party may have with respect to ENGINEER's decision, unless 'otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedure.& of paragraph 9.11. Decisions on D4urer 9.11. ENGINEER will be the initial interpreter of the requirementsof the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relatinngg m thoacceptability of the Work or the intcrpto on of the requvements of t}ic Conanct Documents pertaining to the performance andfumishvig of the Work end claims under Articles I I and 12inrcypcct of changes in 'heContract Price or Contract Times will be refencd initially m ENGINEER in writing with a request for a farmil decision in accordarhx with this.paragraph. Written notice of each such claim, dispute or other matter will.be def"red by the clamant to ENGINEER and the -odic, party to -the Agreement. promptly (but in ma event Inter than thirty days) after the: star of the occurion or event giving rise thereto, and written wgorWhg data will be submitted to ENGINEER and the char within party -sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute a alter matter. The opposing parry shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's lost submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within 'thirty dayssafter receipt of the oppising party's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim,, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINTEER's derision is taken within the time limits and in accordance with the ccedures set forth in EMBIT +GGA "Dispute Resolution Agreem ant", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (i) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from E'NGINEER,s written decision is delivered by OWNER or CONTRACTOR to the other and to 04OD EER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights a remedies as the appealing party may have with respect to such claim, dispute or other matter b accordance with applicable Laws and Regulations within sixty days of the date of such 22 EICDCOMMLAL CONDITIOM 1910.8(19a0 Edilim) a/CITY OF FORT COUIMMODIFICATIONa (REV 4r2000) 0 decision, unless otherwiu agreed in writing by OWNER and CONTRACTOR 9.12. When functioning as interpreter and judge under pamgraphs9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be Gable in connection with any interpretation or decision tendered at good faith in such capacity. The rendering of a decision by ENGINEER pursuant to'paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a cnndit1i dent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulatiore,in respect of any such claim, dispute or othermetterele-f6. 9.13. Limiratians on ENGINEER's-Anthorily'and Rerpnnsibitittes: 9.13.1. Neither ENGINEER's authority or resporsibility under this Article or under any other pronsmn of the Contract Documents nar:any decision made by ENGINEER in good faith either to exercise undertakmp, exerclse or performanceof any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, my other person or agonizatiory or to any surety for or employ" or agent of any of them. 9.13.2. ENGINEER .will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or Performance of the Work. ENGINGER will not be responsible for CONTRACTOR's failure to perfann or furnish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or 'omissions of CONTRACTOR or of any Subcontractor, arty Supplier, or of any other person or organization pe tinning or furnishing any of the Work 9.13.4, ENGINEER's review of the final Application for Payment. and accompanying documentation and all maintenance and operating instructions, schedules; guarantees. Bonds and certificates of inspection, teas and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine genemlly.that their content complies with the requuemmts or, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents 9.13.5. The limitations .upon .authority and responsibility set fond in this pamgmph 9.13shall also apply to ENGTNEER's Consultants, Resident Project Representative and assistants. KY4(N115iiSaT:7sli;tdKy7JlYllvIlYUT7ry 10.1. Without invalidating the Agreement and without notice to any surety. OWNER may, it any time or from time to time. order -additions, deletions or revisions in the Work: Such additions, deletions or revisions will be authorized by Written Amendment, a Change Order, or Work Change Directive. Upon receipt of any such document,'CONTRACTOR shall promptly promed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to .agree as to the extent, if any, of an adjustment in the 'Contract Prim or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor m provided in Article I or Article 12, 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to am Work performed that is not required by the Contract Documents as amended, modified and supplemented aaprovided in paragraphs 3.5 and 3.61 except in the case of a'emergency as provided in paragraph 6.23 ,or in the cast of uncovering Work as provided in. paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute •appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10.4.1.. changes in the Work which are (i) ordered by OWNER purwmn to paragraph 10. 1; (a) required because of acceptance of -defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the. parties: 10.4.2. changes in the Contract Price or Contract Times which we agreed to by the parties: and 10.4.3. changes in the Contract Rice or Contract Timeswhich embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11;. provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws',und Regulations, but during any such a I, CONTRACTOR shall may on the Work and -adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any charge affecting the general scope of the Work or the provisions of the Contract Documents FJCDCOENEkAt CONDI7I0t15I91os(IMEdtim) wi©TY or FORT COLUNS MODIFICATIONS (REV VIM) (including, but not limited to —Contract Price or Contract Tunes) is required by the provisions of any Bond to be �wen to a suretyry the giving of eery such noun will be DNTRACTGR's responvbdny, and the amourd of each applicable Bond will be adjusted accordingly. ARTICLE 11—CHANGE OFCONTRACT PRICE 11.1. The Contract prim constitutes the total compensation (subject to authorized ndjusanents) payable to CONTRACTOR for perforating the Work. All duties. responsibilities and obli eons assiggnned-to or undertaken by CONTRACTOR shall be at CONI'RACTOR's expense without change in the Contract price: 11.2, The Contract Rice may only be changed by a Change Order or by Written Amendment. Any claim for an adjustment in the Caramel Price shall be based on written notice delivered by the parry making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) alter the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or mole accurate data in suppon of the claim) and shall be accompanied by claimant's wrimen statement that the adjustment claimed covers all known amounts to which the claimant is emitted as a result of said occurrence or event All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with pmagrmph9.11 if OWNER and CONTRACTOR camwt otherwise agree on the amount involved. No claim for an adjustment in the Contract Prim will be valid if not submitted in accordaime with this paragraph 11.2. 11.3, The value of any Work covered by a Change Order or ofarry claim for an adjustment in the Contract Rice will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unitprices to the quantities of the items involved (subject to the .provisions of 23 0 • paragraphs 11.9.1 through 11.9.3, inclusive): CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and 11.1.2. where the Work involved is not covered by CONTRACTOR and shall deliver such bids to unit prices contained in the Contract Documents, by a OWNER who will then determine, with the advice of mutually agreed payment basis, including lump sum ENGTIAtEER, which bids, if any; will be accepted. If (which may include an allowance five 'overhind and, any subcontract provides that the Subcpntrector is to profit not necessarily _ in accordance with be paid on the basis of C ast'of the Weak plus a fee; paragraph t 1.6.2): the Subcontractoes Cost of the Wed, and fee shall be determined in the same manner as CONTRACTOR's 11.3.3. where the Work involved is not covered by unit Cast of the Work and Cat as provided in prices contained in the 'Contract DocumentsandparagaphslIA, 11.5, 11.6 and 11.7. All agreement to 'a lump sum is not reached under submnuacts shall be subject to the other provision of 11.3.2, on the basis of the Cost of the WoWorkthe Contract Documents insofar as applicable. (drmwaph etermined as provided in paragraphs 11.4 and 11.5) plus a CONIRACl'OR's fee for overhand and profit. 11.4.4. Costs of special consultants (including but (dcterinmedasprovidcdinpamgraphll.b). not limited to engineers, architects, test* lsboimorics, surveyors, attorneys and 'accountants) Cost ofthre Work: employed for services specifically related to the Wait. 11.4. The term Cost of the Work means the sum of all costs necessarily insured and paid by CONTRACTOR in 11.4.5. Supplemental costs including the following: 'the proper perforinnnce of the Work. Except as orhenvise may be agreed to in writing by OWNER such costs shall 11.4.5.1. _ The proportion of necessary be in amounts no higher than those prevailing in the transportation, travel and subsistence w penes of locality of the Project, shall include only the fnllow*g C.ONrRAC'rc)R's empioyees incurred in items and shall not include any of the costs itemized in discharge ofdutim connected with the Work, Paragraph 11.5: 11.4,5:2. Cost, including transportation and 11.4.1.Payroll costs for employees in the direct mainterence, of all materials, supplies, employ -of CONTRACTOR in the performance of the equipment, machinery, appliances, office .arid Work under schedules of job classifications agreed temporary facilities at the site and hand tools not upon by OWNER and CONTRACTOR. Such owned bythe wmrkens, which are consumed in the employees shall include without limitation performance of the Work and cast less market superintendents, foremen and other personnel value of such items used but not consumed which employed full-time at the site. Payroll costs far remain the property ofCONTRACTOR employees no employed full-time on the Work shall be apportioned oaths basis of their time spent an the 11.4.53. Rentals of all construction • Work. Payroll costs shall ixhrda;4wFri0[ be limited to, equipmei and machinery and the parts thereof salaries and wages plus the cost of fringe benefits whether rented from CONTRACTOR or others in which shall 'include social security contrilmdons, accordance with rental agreements approved; by uncemploymen; excise and payroll taxes: worriers' OWNER with the advice of ENGINEER' and the compensation health etA-retiremern benefits, bemuses; costs of trarrslwrtation, leading, unloading, s' applicable thereto, installation dismantling and removal thereoll The expenses, of performing Wok after regular in accordance with terns of said rental working hours, on Saturday, Sunday or legal holidays, agreements. The rental of any such equipment, shall be included in the above to the extent authorized machinery or pints shall cease when the use by OWNER: thereof is no longer necessary for the Work. 11 A.2:'Cost of all materials and equip�mneat furnished 11.4.5.4. Sales, consumer, use or similar taxes and incorporated in the Work, =,min@ costs. of related to the Wort:, and Co which transportation aral storage thereof, arid Suppliers' field CONTRACTOR is.liable, imposed by Laws and services Mquued in connection therewith All cash Regulations. discounts ,shall . accrue to CONTRACTOR unless OWNER deposits fads with CONTRACTOR with 11.4.5.5. Deposits lost for causes other than whichtomake payments, in which case the cash negligence or CONTRACTOR any discounts shall accrue to OWNER All trade Subcontractor or intrude directly or indirectly c iscamis, rebates and refumcis and returns from sale of 'employed by any of them m for whose acts any surplus materials and equipment shall accrue to of them may be liable, and royalty payments and OWNER, and CONTRACTOR shall make provisions fees for permits and licenses. so that they may be obtained 11.4.5.6. Losses and damages. (and related 11.4.3. Payments made- by CONTRACTOR to the &%penes) caused by damage to the Work, not Subcontractors far Work performed or furnished by compensated by insurance or offternvise, sustained Subcontractors. If required by OWNER, by CONTRACTOR in oormection with the 24 E)CDCOENERAL CONDITION 1910-8(1990 Edition) wl CITY OF FORT COLD N MODEtlCATION MW 412000) 0 performance on;d furnishaig of the Work (except lossesand damages wrdnin the deductible amounts of property insumnce established by OWNER in accordance with paragraph 5.9� provided they have resulted Gan causes other than the neqpoj,'ngence of :CONTRAC•fOP, any SLLOamlmclor, ar anyone directly or indirectly employed by'any of them or for whose acts anynf them may be liable.. Such losses shall include settlements made with the written consent and .approval of OWNER No such losses, damages and expenses shall be'included in the Cost of the "Work for the Purpase of determining CONTRACTOR's fec. I however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereat CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11 A.5.7. The cost of wilitiea; fuel and sanitary facilities at the site. 11 A.M. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in comtection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. payroll costs and other compensation of CONTRACTOR's otHcem executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys• aud-acrs• aanumants, purchasing and contracting agents• iVediters, timekeepers, -clerks and other personnel employed by CONTRACTOR whether at site or in CONTRACTOR's prhdcipal a a branch office for general ad ministration of the Work and not specifically included in the agreed upon schedule of .job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph H A.4all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of'CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.53. Any part of CONTRACTOR's capital expenses, incudmmgg interest on CONTRACTOR'S cepiul employed.Ca the Wok and charges against CONTRACTOR for delinquent payments. 111.5.4. 'Cost of premiums far all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and insimain thesame (except for the cast of premiums covered by subparagraph 11.4.5.9 above). EJCDCOENERAL CONDITIONS 1910E 0990EMM) wJ CITY OF FORT COLLINS MODIFICATIONS IMN V2000) 11.5.5. Costs due to the , negligence of • CONTRACTOR, any SubcontraUor, or anyone dire w indirectly employed by an of them or for whose ads any of them may be liable, including but not limited ra the correction of defective Work, disposal of materials or equnpment wrongly supplied and making good any�danrage 1-property. 11 j& Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in pmagraph 11.4. 11 fi The CONI'RACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee. or 11.6.2. if a fixed fee is not agreed upon, then a fee based on ra theCollowurg perccages of the various portions of the Cost of the Work: 1 L6.2.1. for costs" incurred under paragraphs 11.4.1. and 11.4.2, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percem 11.6.2.3. where one a more tiers of subcontracts; are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs a fumishes the Work, at whatever tier, will be paid'a fee of fiftcen percent of the costs wanted by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any }nt�na tiffSubcontractor and CONTRACTOR will each be plaid a fee-offive-percenNrof-4heamount-paid4o the-rdexl-bwer{ierSubdemtmcter, to be neeotiated in good faith with the OWNER but trot to exceed five percent of the nmouat paid to the next lower tier Subcontractor. 11.6.2.4. no fee shall be payable on the basis of costs itemi7 d under paragraphs 11.4.4: 114.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CONTRACTOR to OWNER far any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits we involved in any one charge, the adjustment in CONTRACTOR's fee shall be computed.dm the basis of the sal charge in accordance with paragraphs 11.6.2.1 through 11.6.2-5, btcluswv 11.7. Whenever the cost of any Work is to be 25 0 n u • 0 determined pursuant to paragraphs 11.4 end 11.5. CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGn4EER an nemiied oust breakdown together with supporting data. Cash Allowancev: I X It is understood that CONTRACTOR has included in the Contract Price all allowances so named ar'the Contract Documents and'shall cause the Work so covered to be furnished and performed for such sums ea maybe .accepmble to OWNER. and ENGINEER, CONTRACTOR agrees that: 11XI. the allowances include the .cost to CONTRACTOR (less arty applicable trade discounts) cf materials and equipment required by the allowarims to be delivered at the site, and all applicable axes, and 11.S2: CONTRACTOR's costs for unloadi g and handling on the site, labor, instellstion costs, overhead, profit and other ezpenics contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will tic valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allavances, and the Contract price shall be oanespaidingly adjusted. 11.9. Unirl'rice Riwk 11.9.1. Where the Contract Documents a pan of the Work is tole Unit Price the Contract Price will be deemed to item of Unit Price Work tunes the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are.. not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price: Determinations of the actual quantities and claiiifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 910. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit fm each separately identified item. 11.9.3. OWNER or CONTRACTOR may make. a claim Ibr an adjustment in the Contract Prim in accordance with Article 1 I if. 1 1.9.3.1. the quantity of any item of Unit. Prim Work performed by CONTRACTOR differ materially and significantly from the estimated quantity of such item indicated in the Agreement; SrCDC OENFRAL CONDITIONS 1910-9 (1990EAitim) 26 w/ CITY OF FORT COI. NS MODIFICATIONS MV411000) grid 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 119.3.3. if CONTRACTOR believes that CONTRACTOR is entitled to , an increase in Contract Price as�a result of having incurred additional :expense or OWNER believes that -OWNER is entitled to adecrease in Contract Price and the parties are unable to agree as+.to the amount of airy such increase or decrease. 11.9.3.4. CONTRACTOR acknowledges- thet the OWNER has the right to add or delete items in the Bid or cha aquantities at OWNER'S -.sole discretion without a ect the Conuaa Prim or a" remaining item so env as the lotion or addition does not exceed txronty-five rxrcent of the original toal Contract Price ARTICLE 12—CHANGE OF CONTRACT nMFS 12.1. The Contract Timm (a Milestones) may only be changed by a Change Order -or a Written Amendment. Any claim for an adjustme t of the Contract Timm (or Milestones) shall be 9sed on written notice delivered by the patty making 'the claim to the other party and to ENGINEER promptly (but in no event liter than thirty days) after the oImunence of the event gnvmg rise tothe claim and sating the general nature of the claim. Notice of,the extent of the claim with supporting data shall be delivered within sbdy dayys after such occurrence (unless ENGINEER' allows additional time to ascertain more accurate data in support of the claim) and shall be accompartied by the claimant's written statement that the adjustment clawed is the emire adjustment to which ,the clabnaitt has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Tunes(or Milestones) shall be determined by ENGINEER in accordancewith paragraphMl if OWNER and CONTRACTOR canna othawise agree. No claim for an adjustment in the Commct Times (or Milestones). will be valid if not wbmiaed in accordance with the requirements of this paragraph 12.1. 12.2. All time limits sated in the Contract. Documents are of the essence of the Agreement. 123. Where CONTRACTOR is .prevented -from completing my part of the Work within the Contact Times (or Milestones) due to delay beyond the control of CONTRACTOR, the ContractTimes (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefm as provided in paregmph Ill, Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts m neglect by OWNER, acts or r¢glect of utility owner: or other contractors peRaming other wort: as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be below shall be paid as provided in said • deemed to be delays within the control of CONTRACTOR paragraph 13.9; and 12A.. Where CONTRACTOR is prevented front completing any pert of the Work within the Contract Timm (or Milestones) doe to delay beyond the control of both OWNER and CONTRACTOR. an extension of the Contract Tunes (or Mllestoras) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole .and occlusive remedy for such delay. In no event shall OWNER be liable m CONTRACTOR; any Subcontractor, any Supplier, any other person ororganiratron pr to any surety for or employee or agent of an of them, for damages arising out of or resulting from (t) delays caused by or within the control of the CONTRACTOR; or (ii) delays beyond the control of both parties including, but not limdedto, Cues, EoaLs, epidemics; abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performingotherwork as contemplated by Article 7. ARTICLE 13-TFSTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVEWORK 13.1. Notice ofDefews: prompt notice of all defective Work of which OWNER or IiNGIN iER have actual knowledge will be ,given to CONTRACTOR All defective Work may be rejected, comocted or accepted as provided in this Article 13. Access to Work: 13.2. OWNER ENGINEER ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasonable —limn fm their observation' inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tedsandlnspertions 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work Car all required inspections, tuts or approvals, and shall cooperate with inspection and .testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspeelic s, tests. or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests a inspections conducted pursuant to paragraph 13.9 FJCDCOBNEKAL CONDITIONS 19108 (1990 Itim) w{CITY OF FORT COLUM MODIFICATIONS OLEV 4n000) 13.43. as otherwise specifically provided in the Contract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee w other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, a approval. CONTRACTOR shall also be responsible for atmnging and obtaining ,and shall pay all costs in connection with any inspections, tests or approvals required for O WNER's and ENGINEER's acceptance of materials or equipmcm ur be incorporated in the Work or of materials, mix designs, or equipment submitted fm approval prior to CONT CTOR's, purchase thereof foi incorporation in the Work. 13.6. If any Work (m the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER; it must, if requested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's erepense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promputess in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER it must, if requested by ENGR EER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. IfENG(NEER considers h ne=mryor advisable that covered Work be observed by ENGINEER or ;ted or tested by others, CONTRACTOR at ENGINEER's request, shall uncover, expose ore otherwise make available for observation imprdion or test INing as ENGEER may require, that portion of the Work in question furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR slat pay all claims, costs, Iatttsand damages caused by, wising out of or resulting Cron such uncovering, exposure, observation inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others. and OWNER shall be entitled to an appropriate decrease in the Contract Price, and if the parties we unable toagree as to the amount thereof may make a claim therefor as provided in Article 11. If. however; such Work is not fowl to be defective, CONTRACTOR shall be allowed an incase in the Contract Price or an extension of the Contract Timm (or Milestones), a both, directly attributable to such 27 • 0 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. 17.0 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. 18.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER hall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. U • uncovirinS exposure, Cr inspection._ testate:, Work. resulttmm�g therefrom) has been corrected, replacement and recortvntction; and,. tf the parties are: removed or replaced wider this paragraph 13.12, the unableto agree as. to the amount or extent thereof, correciam period hereunder with respect to such Work CONTRACTOR may make'a claim therefor as provided in, will be extended for anadrbtional period of ene�yeer Articles 11 and 12. two veers after such correction or removal .and replacement has been satisfactorily completed - • OWNER May Stop the Work Correedan grReammol of Defective. Work., 13.12. Correction Period• 13.1221. If within aria -year. two vears�after the date of Substantial Completion or such longer period oftimeas may be: prescribed by Laws or Regulations,. or by the not TRACTOR does not promptly comply with the such instructions, or in an emergency Iwhere ould cause ;serioas risk'. of loss a damage, 2 may have the tkifective Work corrected or the Work removed and replaced, and ail claims, sses,and'damaaes caused by or resultum from Acceptance of Defective Work OWNERbfay CerreerDefective Work.• 13.14. if CONTRACTOR fails ,within a reasonable time after written notice from F.NGINFFR to correct defectivz Work or to remove and rentace rciected Work as rewired El FERACTOR's services related the if CONTRACTOR's Coals, al Nuipment and machinery at the i".the Work ;all materials, mud e i site Or for which OWNER OR but which are stored c OR :shall allow OWNER, ( % agents end employees. OWNS and ENGINEER and INC ,ocess to the site to enable Old 13.122: Tn special circumamices wherea particular OWNER in e. item of:equipment is placed in continuous service charged again before... Substantial, Completion of all the Work, the be issued ino correction period for that item may Stan to run from an Contract Doc earliet•dme if so provided in the Specificktiora or by OWNER shall Written Amendment Contract price the amount thi 13:123. Where defecrlve Work (and damage to other as:providadin EXI)COEt�MCONDIT1OM 191"(1990Edtim) 28 w/ CITY OF FORT COLLINS MODIFICATIONS (M 2000) any such es under usly. In one to agree as a claim therel ems, losses a damages will include but not be limited to all costs of ..repair m replacement of work of others destroyed or damaged byy cuacction removal m replacement of. CONTRAGTOR's defective Work. CONTRACTOR'. shall not be allowed an wdension of the Comma Times (or Milestones) because ofany delay in performance of the Work attributable to the exercise by OWNER of OWNIER's rights and remedies hereunder, ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION... Schedule of Malum 141. The schedule of values established as provided in paragraph z.9 will servtas the basis fur progress payments Edwnll be incorporated into a form of Application for mentacceplable tb ENGINEER. Progress payments pti dunt of Urut Price Work gill tie6ased on the nurnberof units completed. App[icanan for Progress Payment 14.2. At least tweray,day:s before the date established for each. progress payment (but not more often than once a mouth), CONTRACTOR shall submit to ENGINEER for review an Applicatienfor Pa mein filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation asis required by the Contract Documents., If payment is requested on the basis: of materials and equipment not incorporated in the Work but delivered and •suitably stored at the site or at another documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the, materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to .OWNER, The amount of retainage with Or seta. CONfRACTOR'a Warrant), of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application fur Paymcnt, whether utcocovere d in the Project o not, will pass to OWNER no later than the time of payment Gee and clear of all Liens. Review ofApplicahoms fur Progr—Payment 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing EicocGENERALcomi- oks19mo99oEdlim) w1QTy OF FORTC6LUNS MCDIEICATICNS (REV 4ROOO) recommendation of payment and present the Application to OWNER; or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment In the fatter ease. CONTRACTOR may make the necessary corrections. and'iesubmit the Application. Ten days after preserrtatiM' of the Application for Payment to OWNER with ENGINEERs recommendation the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR 145. ENGINEF,R's recommendation of my payment requested in an Application for Payment will constitute a _._ _.. representationby ENGINEER to; OWNER, cased on ENGINEER's"on=site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the bast of ENGINEER's knowledge,; information and belief: 14.5.1. the Work has progressed to .the point indicated, 1452. the .quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a funcuomug whole prior to or upon Subgtitmial Completion, to the results ofany-subsequent tests called for in the Contract Documents, to a fual dotennimation of sties and classifications for Unit Price rink under Paragraph9. 1O, and to arty other qualifications stated in the recommendation), and 14.53, the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled- insofar as it is ENGINEEWs responsibility to observe the Work. However, by recommending. any .such payment ENGINEER will not thereby be deemed to have represented that:. (i) exhaustive or continuous on site inspections have barn made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Commit Documents. or (n) that there may not be other matters Or issues between the parties that might entitle CONTRACTOR to be pain additionally. by OWNER or entitle OWNER to withhold payment to CONTRACTOR 14.6. ENGINEER's recommendation of any payment, including final paymen4 shall not mean that ENGINEER is responsible fo CONTRACTOWs means, methods. techniques, sequences m procedures of construction, or the safety precautions and programs incident thereto, or for any (attire of CONTRACTOR to comply with Laws and Regulations applicable to the. furnishing or performance, of Work, or for any failure of CONTRACTOR to perform or .furnish Wotkk in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole m any part of any payment d. in ENGINEER's opinion, it would be -incorrect to make the representations to 29. 40 11 • DOWNER referred to in paragraph 14.5. ENGINEER may considers the Work substantially complete. ENGINEER also}ef iseto recommend any such payment, a; because of will prepare and deliver to OWNER a tentative certificate subsequently discovered evidence or the results of of Substantial Completion which shell Er the date of subsequent -inspections a tests, nullifyarty such. payment Substantial Completion There shall be attached to the previously recommended, to, such extent as may be certificate a tentative list of items to be completed or necessary in 6NGINEWs.opinion to. protect,OWNFiR corrected before fire)ppa�ymenL OWNER shall haveseven Gan loss because: days after receiot of the tentative certificate duiine which 14.7.1. the Work is defective; or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contact Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been requited in correct defectrve Work or completc'Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of any of the events emnmcratcd 'in pamgraphs 1512.1 through 15.2.4 inclusive.. OWNER may refuse to make paymerm of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on -account of CONTRACI'OR's performance or furnishing of the Wok, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set- off against the amount recommended or • 14.7.8. OWNER has actual knowledge of the occurrence of "an of the, events enumerated 'in 'paragraphs' 14.7.1 through 14.73 or paragraphs 15.2.1 through 15:2,4 inclusive; but OWNER must give CONTRACTOR immediate Written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amomitt so withheld( or any adjustment thereto agreed .to by OWNER and - CONTRACTOR when CONTRACTOR orrects to OWNER's satisfaction the reasons fcr such action Shfuiandaf Completion: 14.8. When CONTRACTOR considers the :entire Work ready fm its intended use CONTRACTOR shall notify OWNER and ENGINEER in- that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incornplete) mid request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable ,tune thereafter, OWNER. 'CONTRACTOR and ENGINEER shall make an inspection .of the Work to determine the status of completion. If ENGINEER does no .consider the Work substantially complete. ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER FXI)COEN AL CONDITIOM 191"(199oEdtim) 30 a,I Ct V OF FORT COLLINS MODIFICATIONS tREV411000) to stake written objection to LNUINEiR as to r provisions of the certificate or attachedlist If, al cumiderritg. such objections, ENGINEER concludes t the Work is not substantially complete, ENGINEER Within fourteen dayseftersubmission of"the tent certificate to OWNER notity CONTRACTOR in writi staling the .reasons therefor. If, after consideration OWNER's objections, ENGINEER considers the Wo louneeir Lays execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER.befievesjustified alter coienit atiori of any objeaimis from OWNER. Ai the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of roporsibilities pending final payment between OWNER and CONTRACTOR With security, operation, safety, mainumaice, heat, unhties, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substanntal Completion, ENGINEEWs aforesaid recanmehilatio t will be binding on OWNER and CONTRACTOR until final rovmcnt 149. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion. but OWNER shall allow CONTRACTOR reasonable access to complete Or correct items on the tentative list Pardid USfitabon 14.10, Use by OWNER at OWNER's option of any substantially completed part of the Work,; which: (i) has specifrcallybeen identified in the Contract Documents, a (a) OWNER, ENGINEER and CONTRACTOR agree contitutm a separately functioning+ and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be acc=wlished prim to Substantial Completion of all the Wok subject to the following: 14. 10.LOWNER at any time .may request CONTRACTOR in writing to permit OWNER to use any surly part of the Work which OWNER believes to be ready for its intended use and substantially coonPlete. If CONTRACTOR agrees that such pan of the Work is substantially oomplete. CONTRACTOR will certify to OWNER and. ENGINEER that such part of the Work'is substantially complete and request ENGINEER to issue a certificate of -Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER arid ENGINEER in writing that CONTRACTOR considers any such Fart of the Work ready for its intended use and substantially complete and request ENTTGINEER to issuc a ccdi6catc,of Substantial Completion for that pan of the Work. Within a ieasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion If ENGINEER does not consider that pan of the Wok to be substantially 'complete. ENGINEER will notify OWNER and CONTRACTOR in writirg giving the reasons therefor. If ENGINEER considers ttmt part of the Worktobe substantially complete, the provisions of paragraphs 14.9 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of pin of the Work will be accomplished prior to compliance .with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Wok is incomplete or defective. CONTRACTOR shag immediately take such measures as me necessary to complete such work or remedy such deficiencies, Frnat Application for Payment., 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEL•Rand delivered in accordance with the Contract Documcius all maimenarce and operating instructions. schedules, guarantees, Brads, oenificates or other evidence of insurance required by pamgraph5.4, certificates of inspection. marked -up record documents (as provided in poragmph(5.19) and other (iocuments, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Applicationfor Payment shall be nocompanied lea:epl as previously delivered) by: ()ell documentation caged for in the Contract Documents, including but not limitedto the evidence of insurance required by subparagmph5.4.13, (a) consent of the surety, if any, to final payment and (iii) complete and legally .effective releases, or waivem (satisfactory to OWNER) of all Luis arising out of or filed in connection, with the Work In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full end affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be fled, and Cii) all payrolls, material and equipment bills, and other indebtedness connected with the Wort: for which OWNER or OWNER'S property anightin any way be responsible have been paid or otherwise satisfied If any Subcontractor or Supplier fails E)MCCIDMRAt. CONDMOItS 1910-8 (1990 E6tion) wl an or FORT COLUM MODMCATIONS ULEV 4r10D0) to furnish such a release or receipt in full. CONTRACTOR may furnsh a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien Releases or waivers of liens and the consent of the surety to finalize cavment we to be submitted on fonnsconformin wthe former of the OWNERS standard forms bound in a pftct manual. Find Payment andAcceptance., 14.13. If, on the basis of LNGINEER's observation of the Work during construction and final irs'pection and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is smisfied that the Work has been completed and CONTRACTOR's other obligations under the Corama Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment indicate in writing ENGINEEFes recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will else give wrinen noticeto OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating,in writing the reasons for refusing to 'recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and acwmpanying documentation, in appropriate farm and substance and with ENGINEF.R's recommendation and notice of acceptability, the amount recommended by ENGINEER will become dueand will be paid by OWNER to CONTRACTOR mbiat to mph 17.6.2 of these General Qmdg=s. 14.14. IE through no fault of CONTRACTOR final completion of the Work is significantly delayed and if ENGINEER so condemns, OWNER shall, upon mceipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement'make payment of the balance due for that portion of the Work fully completed and accepted, if the remaining balance to be held by OWNER for Work not fully completed or contacted is less than the retainage stipulated in the Agreement and if Bonds have been furnished as required in paragraph 5.1. the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made trader the terms and conditions governing final payment, except that it shall not osmtitute a waiver of claims. Waiver of Claims., 14.15. The making and acceptance of final payment will constitute: 14.15-I.a waiver of all claims by OWNER against CONTRACTOR except clams .arising from unsettled Liens, from `defective Work appearing after a 40 • 0 0 `J fired "usspection pursuantto. paragraph 14:1 1, from failiae to comply with the Contract Duaimenis a the terms of any special guarantees specified therein, a from CONTRACTOR's continuing obligations under the Contract Documents and 14.15t2.A waiver of all claims by CONTRACTOR against OWNER other than those previously madedrh writing and still unsettled. .ARTICLE IS SUSPENSION OF WORK AND TERMINATION OWNER IMU Suspend Work: 15.1. At any time -and -without cause, OWNER may .suspend the Workor any portion thereof for a.period of not more than imety ,days by notice in writing to CONTRACTOR and ENGINEER which will fa the date' on which Work will be resumed. CONTRACTORS shall resume the Wort: on thedate so fixed CONTRACTOR shall he allowed an adjusimen in the Contact Price or an extension of the Contract Times, or both directly attributable to any such suspension if CONTRACTOR :makes an approved claim therefor as provided in Articles 11 and 12, OWNER Flay Terminate:. 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (iricludi,& but rot limited to, failure to supply sufficient skilled workers or suitable materials or;equipmem or failure to adhere to the progress schedule established under paragmph2.9 as adjusted from -time to time pursuant to paragraph 6.6 15.2.2: if CONTRACTOR disregards. Laws or Regulations of any public body having jurisdictiort; 15.23. if CONTRACTOR disregards the authority. of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, alter giving CONTRACTOR (and the surety. if any) seven day- wriren notice and to to extent permitted by Laws and Regulations, terminate the services of CONTRACTOR exclude CONTRACTOR from the site and take._ possession of the Work and of all CONTRACTOR's tools, appliances construction equipnent.and machmery`et the site and use the same to the fug extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass a conversion), incorporate in the Work all materials and equipment aimed at the site or for which OWNER has pdd EJCIKOENU M. COND111014319105 (1990Editim) 32 W1 CITY OF FORTCOLWNS MODIFICATIONS tREV412000) CONTRACTOR but which are stored elsewhere,, and finish the Work m OWNER may decm.,ekpediefiL In such case CONTRACTOR shall net be entitled to receive any further payment until the Work is finished If the unpaid balanceofthe Contract Price exceeds: all claims, casts, losses and damages sustained by OWNER arising our of or resulting fromcomoletina the Work such excess will be IutNGCx as to ueu Iee50la0leneS ano wren so 'ed by ENGINEER incorporated in a Change Order, ed that when exercisinpt any rights orremedies this paragraph OWNER shall not be required to the lowest price for the Work performed. 15.3. Where CONTRACTOR's wtvices have been so terminated'by OWNER, the termination will notallmt an rights or rcmcdim of OWNER against CONTRACTOR then' existhtg'or which may thereafter accnte. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWN13R may, without cause and without prejudice to any other right a remedy:of OWNER elect to terminate .the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contact Documents prior to the effective date of termination, including frirand reasonable sums for overhead and profit on such Walk; 15..4.2. for expenses sustained prior to the .effective date of termination in performing service and furnishing labor, materials a equipment as required by the ContractDocuments in connection with uncompleted Work, plus fair and reasonable sutras for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall no be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination CONTRACTOR May Stop Work err Terminate: 153. K thrmig t no act or fault of CONTRACTOR the Work is suspended for a period of more than ninety days by OWNER a under an order of oaut or other public authority, a ENGINEER fails to ereon any Application for ,payment within thirty days alter it is submitted or OWNER Tails forthirty days to pay CONTRACTOR any sum finally determined to be due, their CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEERdonot remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of lerminatinq the Agreement and without prejudice Ito my other right or remedy, if ENGINEER has failed to act on, an Application for Payment within thirty days after it is submitted car OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due. CONTRACTOR may upon seven days writtennoticeto OWNER and ENGINEFR stop due Work until payment. of all such amounts due CONTRACTOR. including interest thereon. The provisions. of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTO&sstopping Work as pcmtincd by this paragmph. ARTICLE 16—DISPUTE MOLUrION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may aria under this Agreement, such dispute resolutirm method and procedure,. if any,. shall he as .act forth in Exhibit'GC-A, "Dispute Resolution Agreement", to be attached hereto and made part hereof. If no .such agreement on the method and procedure for resolving such disputes has been reached and subject to the provisions of paragraphs 9.10, 9.11 and 9.12, OWNER and CONTRACTOR may evercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations m respect of may dispute. ARTICLE 17—MISCELLANEOUS Gbing Notice: 17.1. Whenever any provision of the Conuact Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the fine, or to an officer of the capomtion for whom it is intended or if delivered at or 'sent by registered or certified mail, postage prepai(k to the last business address Fatrnvn to the giver of the notice. 17.2. Computation of Time: 17.2.L When any period of time is referred to in the Contract Documents by days it will be computed to «elude the Grit and include the last day of such period If the lest day of any such period falls on a Saturday or Sunday or tm a day made a legal 'holida I by the law of the applicable jtutsdietion. such day will be omitted from the computation. EJCDCOENE LAL COMMONS 19104 OM Utica) .f ciw Of FORT COLLINS MODIFICATIONS nLEV 4120M) 17:2.2. A calendar day of twenty-four hours measured from midnight to the tt m midnight will constitute a day. Notice of Claim: 17.3. Should OWNER or CONTRACTOR Miller injury a damage to person or property because of any error, anission a act of the other party or of any of the other party's employees a.agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time cif the first observance of such injury a damage. The provisions of this paragraph 17.3 shall not be cormad as a substitute for or a waiver of the provisions of any applicable statute of limitatiaxs or repose.Cuniulative Remedies: 17A. The duties and obligations imposed by these General .Corditica s and the rights and remedies available hereunder to the parties hereto, end, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by pomgmphs 6.12; 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, am in addition to, and am not to be construed in any way as a limitation of, any rights and remedies mailable to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guaramce or by other provisions of the Contract Documents,. and the provisions of this paragraph will be as effective as if repeated speccally in thcCanttact Documents hi connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Court Cosrslncluded: 17.5. Wheneva reference is made to "claims, vests, losses and damages', it shag include in each core, but not be limited to, all fees and charges of engineers, architects, attorneys and otter professionals and all coon or arbitration or other dispute resolution costs. 174. The laws of the State of Colorado apply to this AMeanenl Reference to two pertinent Colorado statutes are as follows 1762 if a claim is filed OWNER is required by law (CRS 38-26-1071 to withhold Isom all oavmenis to CONTRACTOR sufficient Curds to inure th< payment of all claims for labor materials team hire. sustenance. Provisions provm(kr. or other supplies used car consumed by CONTRACTOR or his 33 0 0 i • 34 EJCDCOEMaVI CONDITIONS 1910-9(1990EmtiM) wJCITY OFFOAT MLLINS MODIMATIONS OtEV 42000J (This page left hla6F intentionally.) EICDC OENERAL CONDITIONS 1910-9 (1990 EmIim) wl CITY OF PORT COLLINS MODII9CATIONS(REV 92M) 35 i EJCDCOENERAL CONDITIONS 1910E (1990EAtim) 36 w/CITY OF FORT ODLLINSMODIIICAMONS(BEV4/2000) • EXHIBIT GC -A to General Conditions of the Construction .Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREE1SENr 'OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contact between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between .OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been -waived by the making or acceptance of final pa yrnent as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Amciation then obtaining, subject to the 1unitations of the Article 16.. This agreement so to arbitrate and any 'other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court havingjurisdiclion. 16.2. No demand for arbitration of arty claim, dispute Or other matter that is required to be referred io ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any, such claim, dispute or other matter will be,made later than thirty days after the date on which ENGINEER has rendered n written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being finial and binding upon OWNER and CONTRACTOR If ENGINEER renders a decision after arbitrationproceedings have been initiated such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the patties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragrapph 9.10 will be made later than ten days after the party motoring such demand has delivereed written notice of intedlion to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to; the Agreement and with the American Arbitration Association and a copy will be sent to ENGINlp- fin information The demand fm ..arbitration will be made within the lhaty-day'or lrn-clay period specified in paragraph 16.2 as applicable, and in all Other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall Shy such demand be made alter the date when institution of legal or equitable proceedings based on such court, dispute or.other. matter in question would be bared by the applicable statute of limitations FJC'DC GENERAL CONDITIONS 1910-8 (1996 E&tm) wi CITY OF FORT COLUNS MODIFICATIONS (REV 9N9) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any "her person or entity (including ENGINEER; ENGINEE&s Consultant and the officers, directors, agents, employees or eonsultants'of any of them) who is not a party to this contract unless: 16A.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration,' and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to. the arbitration and which will arise in such proceedings, and 16.4.3. the .written consent of the other person Or entity Sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall coinstimte consent to arbitration of any dispute not specifically desmibed in such consent Or to arbitration with any party act specifically identified insuch consent. 16.5. Notwithstanding paragraph 16.4. if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hercundcr. CONTRACTOR shall include in all subcontracts required by paragraph 631'i specific provision whereby the Subcontractor conscnts.to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right Or cause of action in faro of Subcontractor and against OWNER, ENGINEER or ENGIDIEER's Consultants that does wt otherwise rvist. M& The award rendered by the mbitmtors will be final, judgment may be entered upon it in any court having jurisdiction thuaot and it will net be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall fast submit any and all unsettled claims, counterclairk disputes, and other -matters. in, question between them arising out of or relating to the Contract Documents or the breach thereof ('disputes"). to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration 'Association prim to either of them vitiating againd the other a demand fm arbitration pursuant to paragraphs 16.1 through 16.6. tilers delay in initiating arbitration would irrevocably prejudice one of the parties. The respective dirty and ten day time limits within which to Me a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to medatioi within thou sane applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as aibitmtor of such disputeunless otlerwix agreed. OC-Al �J 10 19.0 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. 20.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 21.0 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. 22.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. • 23.0 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 0 0 0 EICDCOENERAL CONDITION51910-8(1990EAIim) M MY OF FORT. COLLINS MODIFICATIONS (REV 9194) 0 OC-Al SECTION 00800 SUPPLEMENTARY CONDITIONS 9 SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-4.2 Subsurface and Physical Conditions: A. Add the following language to paragraph 4.2.1 of the General Conditions. 4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions at the site of the Work: Subgrade Investigation & Pavement Recommendations for Timberline & Kechter Right Turn Lane, prepared by CTL Thompson Inc., dated March 28, 2013, Project No. FC06119-135. Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. B. 4.2.1.2.1 No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph 4.3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following: None. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy 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). 0 5.4.9 This policy will include completed operations coverage/product • liability coverage with limits of $1,000,000 combined single limits (CSQ. SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule zero 0 days lost due to abnormal weather conditions. 0 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment • L� SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Timberline & Kechter Right Turn Lanes CONTRACTOR: Connell Resources Inc PROJECT NUMBER: 7650 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 .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGNINAL CONTRACT % ADJUSTED CONTRACT COST $ .00 (Assuming all change orders approved) ACCEPTED BY: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $30,000 cc: City Clerk Contractor Engineer Project File Architect Purchasing DATE: DATE: DATE: DATE: • 0 cl 0 ± Q & & ) . MQk§ LLIof k0zz2 J§§may 0<0mwm »Sq-0 /\) mo $ } ) \ . / ( / § { / ) - y\ .. 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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 Asphalt Mat 8 Revision of Section 203 — Proof Rolling 9 Revision of Section 207 — Topsoil (Stockpile and Redistribute) 10 Revision of Section 212 — Tree Retention and Protection 11-14 Revision of Section 403 — Hot Mix Asphalt 15-17 Revision of Section 403 — Hot Mix Asphalt (Hand Patching) 18-19 Revision of Section 601 — Miscellaneous Concrete 20 Revision of Section 608 — Detectable Warnings 21-22 Revision of Section 625 — Construction Surveying 23-24 Revision of Section 630 — Construction Zone Traffic Control 25-29 Utilities 30-31 • 0 C� Timberline Road & Kechter Road Right Turn Lanes • COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS HARMONY ROAD MAINTENANCE PROJECT COLLEGE AVENUE TO TIMBERLINE ROAD STANDARD SPECIAL PROVISIONS Date Page Title Sheet 32 Revision of Section 103 - Colorado Resident Bid Preference (February 3, 2011) 33 Revision of Section 105 - Construction Drawings (July 29, 2011) 34 Revision of Section 106 - Certificates of Compliance and Certified Test Reports (February 3, 2011) 35 Revision of Section 106 - Material Sources (October 31, 2013) 36 Revision of Section 106 - Supplier List (January 30, 2014) 37 Revision of Section 107 - Responsibility for Damage Claims, Insurance Types, and Coverage Limits (February 3, 2011) 38 Revision of Section 107 - Warning Lights for Work Vehicles and Equipment (January 30, 2014) 39 Revision of Section 108 - Critical Path Method (August 19, 2011) 40 Revision of Section 108 - Liquidated Damages (May 2, 2013) 41 Revision of Section 108 - Subletting of Contract (January 31, 2013) 42 Revision of Section 108 - Payment Schedule (Single Construction Year) (October 31, 2013) 43 Revision of Section 109 - Compensation for Compensable Delays (May 5, 2011) 44 Revision of Section 109 - Measurement of Quantities (February 3, 2011) 45 Revision of Section 109 - Measurement of Water (January 6, 2012) 46 • Revision of Section 109 - Prompt Payment (January 31, 2013) 47 Revision of Sections 203, 206, 304 and 613 - Compaction (July 19, 2012) 48-49 Revision of Section 208 - Aggregate Bag (January 31, 2013) 50 Revision of Section 208 - Erosion Log (January 31, 2013) 51 Revision of Section 212 - Seed (April 26, 2012) 52 Revision of Section 213 - Mulching (January 31, 2013) 53-56 Revision of Section 250 - Environmental, Health and Safety Management (July 19, 2012) 57 Revision of Section 401 - Compaction of Hot Mix Asphalt (April 26, 2012) 58 Revision of Section 401 - Composition of Mixtures - Voids Acceptance (February 3, 2011) 59 Revision of Section 401 - Compaction Pavement Test Section (CTS) (July 19, 2012) 60 Revision of Section 401 - Reclaimed Asphalt Pavement (May 2, 2013) 61-62 Revision of Section 401 - Reclaimed Asphalt Shingles (April 26, 2012) 63-65 Revision of Section 401 - Temperature Segregation (February 3, 2011) 66 Revision of Section 401 - Tolerances for Hot Mix Asphalt (Voids Acceptance) (January 6, 2012) 67 Revision of Sections 412, 601, and 711 - Liquid Membrane -Forming (May 5, 2011) 68 Compounds for Curing Concrete Revision of Section 601 - Concrete Batching (February 3, 2011) 69 Revision of Section 601 - Concrete Finishing (February 3, 2011) 70 Revision of Section 601 - Concrete Form and Falsework Removal (July 28, 2011) 71-73 Revision of Section 601 - Concrete Slump Acceptance (July 29, 2011) 74 Revision of Section 630 - Construction Zone Traffic Control (February 17, 2012) 75 Revision of Section 630 - Retroreflective Sign Sheeting (May 8, 2014) 76 Revision of Section 630 - Signs and Barricades (January 31, 2013) 77 Revision of Section 703 - Aggregate for Bases (October 31, 2013) 78 Revision of Section 703 - Aggregate for Hot Mix Asphalt (November 1, 2012) 79-80 Revision of Section 703 - Concrete Aggregate (July 28, 2011) 81 Revision of Section 712 - Geotextiles (November 1, 2012)82-83 Revision of Section 712 - Water for Mixing or Curing Concrete (February 3, 2011) 84 Timberline Road & Kechter Road Right Turn Lanes NOTICE TO BIDDERS • 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. Program Manager— Tim Kemp, PE Phone: (970) 416-2719 Engineering Department Fax: (970) 221-6378 City of Fort Collins email: tkemp(a)fcgov.com 281 North College Avenue Fort Collins, CO 80522-0580 Senior Buyer— John Stephen, CPPO Phone: (970) 221-6777 Purchasing Department Fax: (970) 221-6707 City of Fort Collins email: istephen(a)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. 0 Timberline Road & Kechter Road Right Turn Lanes • 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 within 60 calendar days. Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.03 shall include the following: The Contractor's progress schedule shall consist of a Critical Path Method (CPM) schedule prepared using the Microsoft Project Software and submitted in hand and electronic formats. Salient features to be shown on the Contractor's Bar Chart Progress Schedule are: (1) Mobilization (2) Construction Surveying (3) Construction Traffic Control (4) Removals (5) Roadway Earthwork (6) Erosion Control (7) Curb, Gutter and Sidewalk (8) Asphalt Pavement (9) Seeding and Landscaping (10) Utility Coordination and Relocations . Subsection 108.08 shall include the following: • Substantial Completion is defined as, completion and acceptance of: removals, embankment, topsoil placement, slope grading, asphalt (bottom mat), curb and gutter, curb ramps, ditch paving and inlet. Final Acceptance is defined as, completion and acceptance of: new fence, fine grading, native seeding, mulching and tackifier, removal of tree protection, removal of erosion control items, asphalt (top mat), sidewalk and completed punch list items. 4 Timberline Road & Kechter Road Right Turn Lanes SUMMARY OF WORK PART 1 GENERAL 1.25 Modifications to Time of Completion in the Approved Schedule A. The date of beginning and the time for completion of the work are essential conditions of the Contract Documents and the work embraced shall be commenced on a date specified in the Notice to Proceed. The Contractor will proceed with the work at such rate of progress to ensure full completion within the contract time. It is expressly understood and agreed, by and between the Contractor and the Owner that the contract time for the completion of the work described herein is a reasonable time, taking into consideration the climatic and other factors prevailing in the locality of the work. Every effort shall be made by the Contractor to complete the project within the "Contract Time" shown in the proposal. The "Contract Time" anticipates "Normal" weather and climate conditions in and around the vicinity of the Project site during the times of year that the construction will be carried out. Extensions of time based upon weather conditions shall be granted only if the Contractor demonstrates clearly that such conditions were "unusually severe," would not have been reasonably anticipated, and that such conditions adversely affected the Contractor's work and thus required additional time to complete the work. The following specifies the procedure for the determination of time extensions for unusually severe weather. The listing below defines the anticipated number of calendar days lost to adverse weather for each month and is based upon National Oceanic and Atmospheric Administration (NOAA) or similar data for the geographic location of the project. Monthly Anticipated Calendar Days Lost to Adverse Weather Conditions JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC (7) (4) (4) (4) (6) (3) (4) (2) (3) (3) (2) (5) The above schedule of anticipated adverse weather will constitute the base line for monthly (or portion thereof) weather time evaluations. Upon acknowledgment of the Notice to Proceed and continuing throughout the contract on a monthly basis, actual adverse weather days and the impact of adverse weather days that delay the work will be recorded on a day- to-day basis. It is assumed that the work will be carried out Mondays through Fridays (holidays excepted) unless an approved construction schedule or written authorization from the Owner indicates otherwise. The number of days of delayed work due to adverse weather or the impact thereof will then be compared to the monthly adverse weather schedule above. An actual adverse weather day must prevent work for 50 percent or more of the Contractor's workday, delay work critical to the timely completion of the project, and be documented by the Contractor. The City Representative observing the construction shall determine on a daily basis whether or not work can proceed or if work is delayed due to adverse weather or the effects thereof. The Contractor shall notify the Engineer in writing of • • CJ Timberline Road & Kechter Road Right Turn Lanes • 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 Timberline Road & Kechter Road Right Turn Lanes i 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. Timberline Road 8 Kechter Road Right Turn Lanes . 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 be approximately 8 inches thick, shall be removed in a manner that minimizes contamination of the removed mat with underlying material. The removed mat shall be hauled by the Contractor and disposed of at the City's Hoffman Mill asphalt recycling facility (1380 Hoffman Mill Road, Fort Collins). Where the removed asphalt mat abuts asphalt to remain, the asphalt mat shall be sawcut full depth to a neat vertical line. Subsection 202.11 shall include the following: The removal of the existing asphalt mat will be measured by the square yard of mat removed to the required depth and accepted. Sawcutting will not be paid separately and shall be included in the cost for removal of asphalt • mat. Subsection 202.12 shall include the following: Payment will be made under: Pay Item Pay Unit Removal of Asphalt Mat (Full Depth) Square Yard CJ Timberline Road & Kechter Road Right Turn Lanes 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. CJ 0 • SECTION 00300 BID FORM PROJECT: 7650 Timberline & Kechter Right Turn Lanes Place: June 13 2014 Date: In compliance with your Invitation to Bid dated " 20 , 20 14 and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability (5ompany, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of 5076 of the. Tntal Bid . ($ s ) in accordance with the Invitation To Bid and Instructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment Bonds is as follows: Travelers Casivdtu 4 SureSurefu of America one Tower v,Uffe tlartfcx Cf 06183 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. The undersigned Bidder hereby acknowledges receipt of Addenda No. — through 0 Timberline Road & Kechter Road Right Turn Lanes • REVISION OF SECTION 207 TOPSOIL (STOCKPILE AND REDISTRIBUTE) Section 207 of the Standard Specifications is hereby revised for this project as follows: Subsection 207.01 is hereby revised to include the following: This work consists of removing existing on -site topsoil material, stockpiling the existing topsoil material and redistributing the existing topsoil material onto the re -graded slopes at a depth of 4 inches (minimum). The topsoil material shall be generally evenly distributed throughout the project limits. Any excess topsoil generated from this project shall be disposed of off -site and shall not be measured and paid for separately, but should be included in the cost of work. Subsection 207.03, paragraph 3 shall include: Per City Code, soil shall be loosened to a depth of not less than eight (8) inches. The Engineer shall be notified if this cannot occur due to existing conditions. Subsection 207.04 is hereby revised to include the following: Topsoil will not be remeasured, but payment shall be based on the quantity identified in the bid tabulation, unless the quantity of Topsoil is significantly changed during construction by an approved Change Order. Bid tabulation quantity is based on final in -place topsoil required to complete the construction. • Haul required to redistribute stockpiled topsoil uniformly throughout the project limits shall not be measured and paid for separately, but shall be included in the work. 0 Subsection 207.05 is hereby revised to include the following The contract unit price for topsoil shall be full compensation for all work necessary to complete the item including removing existing on -site topsoil material, stockpiling the existing topsoil material, haul, redistributing the existing topsoil material onto the re -graded slopes. Payment will be made under: Pay Item Pay Unit Topsoil (Stockpile and Redistribute) Cubic Yard 10 Timberline Road & Kechter Road Right Turn Lanes SECTION 212 TREE RETENTION AND PROTECTION Section 212 of the Standard Specifications is hereby revised for this project as follows: Subsection 212.01 shall include the following: Tree Retention and protection includes general protection and pruning of existing trees and plants that are affected by execution of the Work, whether temporary or permanent construction. The following definitions apply: 1) Caliper: Diameter of a trunk measured by a diameter tape or the average of the smallest and largest diameters at 6 inches above the ground for trees up to, and including, 4-inch size; and 12 inches above the ground for trees larger than 4-inch size. 2) Plant -Protection Zone: Area surrounding individual trees, groups of trees, shrubs, or other vegetation to be protected during construction, and indicated on Drawings. 3) Tree -Protection Zone: Area surrounding individual trees or groups of trees to be protected during construction, and defined by a circle concentric with each tree with a radius 1.5 times the diameter of the drip line unless otherwise indicated. 4) Vegetation: Trees, shrubs, groundcovers, grass, and other plants. Subsection 212.02 shall include the following: • (d) Protection -Zone Fencing: Fencing fixed in position and meeting the following requirements. Previously used materials may be used when approved by Engineer. . 1. Plastic Protection -Zone Fencing: Plastic construction fencing constructed of high - density extruded and stretched polyethylene fabric with 2-inch maximum opening in pattern and weighing a minimum of 0.4 lb/ft.; remaining flexible from minus 60 to plus 200 deg F; inert to most chemicals and acids; minimum tensile yield strength of 2000 psi and ultimate tensile strength of 2680 psi; secured with plastic bands or galvanized -steel or stainless -steel wire ties; and supported by tubular or T-shape galvanized -steel posts spaced not more than 8 feet apart. a. Height: 4 feet b. Color: High -visibility orange, nonfading. Add Subsection 212.061 immediately following Subsection 212.06 212.061 Tree Retention and Protection A. SUBMITTALS 1) Samples for Verification: For each type of the following: a. Protection -Zone Fencing: Assembled Samples of manufacturer's standard size made from full-size components. 2) Existing Conditions: Documentation of existing trees and plantings indicated to remain, which establishes preconstruction conditions that might be misconstrued as damage caused by construction activities. a. Use sufficiently detailed photographs or videotape. • 11 • • Timberline Road & Kechter Road Right Turn Lanes b. Include plans and notations to indicate specific wounds and damage conditions of each tree or other plants designated to remain. B. QUALITY ASSURANCE 1) Preinstallation Conference: Conduct conference at Project site. a. Review methods and procedures related to temporary tree protection including, but not limited to, the following: 1. Construction schedule. Verify availability of materials, and equipment needed to make progress and avoid delays. 2. Enforcing requirements for protection zones. 3. Field quality control. C. PROJECT CONDITIONS 1. The following practices are prohibited within protection zones: a. Storage of construction materials, debris, or excavated material. b. Parking vehicles or equipment. c. Foot traffic. d. Erection of sheds or structures. and plant personnel, e. Impoundment of water. f. Excavation or other digging unless otherwise indicated. g. Attachment of signs to or wrapping materials around trees or plants unless otherwise indicated. 2. Do not direct vehicle or equipment exhaust toward protection zones. 3. Prohibit heat sources, flames, ignition sources, and smoking within or near protection zones and organic mulch. D. PREPARATION Locate and clearly identify trees, shrubs, and other vegetation to remain or to be relocated. Tie a 1-inch blue -vinyl tape around each tree trunk at 54 inches above the ground. Protect tree root systems from damage caused by runoff or spillage of noxious materials while mixing, placing, or storing construction materials. Protect root systems from ponding, eroding, or excessive wetting caused by dewatering operations. E. TREE- AND PLANT -PROTECTION ZONES Protection -Zone Fencing: Install protection -zone fencing along edges of protection zones before materials or equipment are brought on the site and construction operations begin in a manner that will prevent people from easily entering protected. Construct fencing so as not to obstruct safe passage or visibility at vehicle intersections where fencing is located adjacent to pedestrian walkways or in close proximity to street intersections, drives, or other vehicular circulation. Maintain protection zones free of weeds and trash. Repair or replace trees, shrubs, and other vegetation indicated to remain or be relocated that are damaged by construction operations, in a manner approved by Architect. Maintain protection -zone fencing and signage in good condition as acceptable to Architect and remove when construction operations are complete and equipment has been removed from the site. 12 Timberline Road & Kechter Road Right Turn Lanes • 1) Do not remove protection -zone fencing, even temporarily, to allow deliveries or equipment access through the protection zone. F. EXCAVATION General: Excavate at edge of protection zones and for trenches indicated within protection zones according to requirements in Section 200 Earth Work. Trenching near Trees: Where utility trenches are required within protection zones, hand excavate under or around tree roots or tunnel under the roots by drilling, auger boring, or pipe jacking. Do not cut main lateral tree roots or taproots; cut only smaller roots that interfere with installation of utilities. Cut roots as required for root pruning. Redirect roots in backfill areas where possible. If encountering large, main lateral roots, expose roots beyond excavation limits as required to bend and redirect them without breaking. If encountered immediately adjacent to location of new construction and redirection is not practical, cut roots approximately 3 inches back from new construction and as required for root pruning. Do not allow exposed roots to dry out before placing permanent backfill. Provide temporary earth cover or pack with peat moss and wrap with burlap. Water and maintain in a moist condition. Temporarily support and protect roots from damage until they are permanently relocated and covered with soil. G. ROOT PRUNING • Prune roots that are affected by temporary and permanent construction. Prune roots as shown on Drawings and as follows: 1. Cut roots manually by digging a trench and cutting exposed roots with sharp pruning instruments; do not break, tear, chop, or slant the cuts. Do not use a backhoe or other equipment that rips, tears, or pulls roots. 3. Cut Ends: Coat cut ends of roots more than 1-1/2 inches in diameter with an emulsified asphalt or other coating formulated for use on damaged plant tissues and that is acceptable to landscape architect. 4. Temporarily support and protect roots from damage until they are permanently redirected and covered with soil. 5. Cover exposed roots with burlap and water regularly. 6. Backfill as soon as possible according to requirements in Section 200 Earth Work. Root Pruning at Edge of Protection Zone: Prune roots 12 inches outside of the protection zone, by cleanly cutting all roots to the depth of the required excavation. H. CROWN PRUNING Prune branches that are affected by temporary and permanent construction. Prune branches as shown on Drawings and as follows: 1. Pruning Standards: Prune trees according to ANSI A300 (Part 1) 13 Timberline Road 8 Kechter Road Right Turn Lanes • I. REGRADING Lowering Grade: Where new finish grade is indicated below existing grade around trees, slope grade beyond the protection zone. Maintain existing grades within the protection zone. n U Raising Grade: Where new finish grade is indicated above existing grade around trees, slope grade beyond the protection zone. Maintain existing grades within the protection zone. J. REPAIR AND REPLACEMENT General: Repair or replace trees, shrubs, and other vegetation indicated to remain or be relocated that are damaged by construction operations, in a manner approved by Architect. 1. Submit details of proposed root cutting and tree and shrub repairs. 2.Treat damaged trunks, limbs, and roots according to arborist's written instructions. 3. Perform repairs within 24 hours. 4. Replace vegetation that cannot be repaired and restored to full -growth status, as determined by Landscape Architect. Trees: Remove and replace trees indicated to remain that are more than 25 percent dead or in an unhealthy condition before the end of the corrections period or are damaged during construction operations that Landscape Architect determines are incapable of restoring to normal growth pattern. 1. Provide new trees of same size and species as those being replaced for each tree that measures 6 inches or smaller in caliper size. K. DISPOSAL OF SURPLUS AND WASTE MATERIALS Disposal: Remove excess excavated material, displaced trees, trash and debris, and legally dispose of them off Owner's property. Subsection 212.07 shall include the following: Tree retention and protection will not be measured, but will be paid for on a lump sum basis. The lump sum price bid will be full compensation for all work required to complete the item. Subsection 212.08 shall include the following: Payment will be made under: Pay Item Pay Unit Tree Retention and Protection Lump Sum 14 Timberline Road & Kechter Road Right Turn Lanes 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) TPatching 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, 58-28 PG 58-28 PG 58-28 Layers below Top Voids in the Mineral Aggregate CP 48 Table See Table See Table VMA % minimum 03-2 403-2 403-2 Voids Filled with Asphalt (VFA), Al MS-265-75 fSee 65-75 65-75 Dust to Asphalt Ratio —1.2 0.6-1.2 0.6-1.2 Fine Gradation CP 50 - 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. E • • 15 Timberline Road & Kechter Road Right Turn Lanes • 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. E 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'/) 11.6 11.7 11.8 25.0(1) 12.6 12.7 12.8 19.0 ('/,) 13.6 13.7 13.8 12.5 ('/) 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. 0 Delete subsection 403.05 and replace with the following: Timberline Road & Kechter Road Right Turn Lanes • The accepted quantities of hot mix asphalt will be paid for in accordance with subsection 401.22, at the contract unit price per ton for the bituminous mixture. Payment will be made under: Pay Item Pay Unit Hot Mix Asphalt (Grading S) (100) (PG 64-28) Ton Hot Mix Asphalt (Grading SG) (100) (PG 58-28) Ton Aggregate, asphalt recycling agent, additives, hydrated lime, and all other work necessary to complete each hot mix asphalt item will not be paid for separately, but shall be included in the unit price bid. When the pay item includes the PG binder grade, the asphalt cement will not be measured and paid for separately, but shall be included in the work. When the pay item does not include the PG binder grade, asphalt cement will be measured and paid for in accordance with Section 411. Asphalt cement used in Hot Mix Asphalt (Patching) will not be measured and paid for separately, but shall be included in the work. Excavation, preparation, and tack coat of areas to be patched will not be measured and paid for separately, but shall be included in the work. 0 17 Timberline Road & Kechter Road Right Turn Lanes • REVISION OF SECTION 403 HOT MIX ASPHALT (HAND PATCHING) Section 403 of the Standard Specifications is hereby revised for this project as follows: Subsection 403.01 is revised to include the following: This work shall consist of excavating pavement areas to the specified depth, preparing the subgrade, and placing Hot Mix Asphalt (HMA) in accordance with these specifications, and in reasonably close conformity with the lines, grades, thickness and typical cross sectioning shown on the plans or established. Subsection 403.02 is revised to include the following: The materials shall conform to the requirements of Revision of Section 403 — Hot Mix Asphalt found herein; Subsection 403.03 is revised to include the following: Patching will be accomplished in the following manner: A straight vertical cut shall be made through the pavement to provide a square rectangular opening, such that each edge of the finished patch will be parallel or at right angles to the direction of traffic. Wheel cutting shall not be allowed. All patches placed in pavement not to • be overlayed shall be saw cut. If, in the opinion of the City, the subgrade material for the patch is unsuitable, it shall be removed to the limits and depths designated. If asphalt is to be placed in the extra depth, the Contract Unit Price for Patching shall be used for measurement and payment. If the deepened section is to be filled with subbase material, the excavation will be measured and paid for under Unclassified Excavation (Complete in Place). The Contractor shall be responsible for the protection of the subgrade / base course until subsequent courses have been placed. After the excavation has been completed, the Contractor shall prepare the subgrade by utilizing a vibratory plate, roller, or other compaction device approved by the City. After the area to be patched is prepared, the Contractor shall place emulsified asphalt tack coat on all pavement cut surfaces and on the lip of exposed gutter and crosspan faces that abut these paving areas. Emulsified Asphalt for tack coat shall be grade CSS-1 H. The tack coat shall consist of a 1:1 dilution (one part emulsified asphalt to one part water). The application rate for tack coat shall be approximately 0.1 gallons per square yard. Grading SG shall be used in all locations except in locations where patching takes place and no overlay is scheduled. Grading SG shall be placed in the bottom of the patches and shall be left one and one-half (1 • /2) Inches to two (2) Inches below the existing street surface to allow the patch to be 18 Timberline Road & Kechter Road Right Turn Lanes "topped" with a surface course material. The "topping" material shall be HMA Grading S. • HMA used for "topping" material will be measured and paid for at the Contract Unit Price for Patching. In locations where concrete repairs take place in an area of a large patch or in grind areas and the grind operation does not immediately follow the concrete repair within three (3) days, the Contractor shall remove no more than six (6) Inches of pavement. The pavement areas shall be temporarily patched with a minimum of two (2) Inches of asphalt. These locations shall be paid under the Contract Unit Price for Patching. Regardless of the delivery temperature, the mixture shall not be placed for use on the roadway at a temperature lower than two hundred twenty-five degrees Fahrenheit (225 ° F). Pavement areas to be replaced adjacent to concrete repairs shall be as soon as schedule permits. Areas requiring reduction in the quantity for Patching shall be deducted from the pay quantity using the following formula: Deduct 0.054 Tons per Square Yard Inch. Subsection 403.04 is revised to include the following: Patching will be measured and paid for at the Contract Unit Price per Ton. Pavement cutting, excavation, subgrade preparation, haul, disposal and bituminous materials will not be measured or paid for separately, but shall be included in the Contract Unit Price for Patching. Subsection 403.05 is revised to include the following: • Work performed and materials furnished as prescribed by this item and measured as provided under "Measurement' will be paid for as follows: Pay Item Pay Unit Hot Mix Asphalt (Hand Patching) 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 BID SCHEDULE - 7650 TIMBERLINE & KECHTER RIGHT TURN LANES BID NO. CONTRACT ITEM NO. CONTRACT DESCRIPTION QUANTITY UNIT UNIT COST TOTALCOST 1 201-00000 Clearingand Grubbing 1 LS $ 4,630.00 $ 4,630.00 2 202-00019 Removal of Inlet 1 EA $ 1,920.00 $ 1,920.00 3 202-00035 Removal of Pipe 38 LF $ 50.40 $ 1,915.20 4 202-00037 Removal of End Section 2 EA $ 565.00 $ 1,130.00 5 202-00080 Removal of Guard Post 1 EA $ 1,130.00 $ 1,130.00 6 202-00200 Removal of Sidewalk 99 SY $ 12.80 $ 1,267.20 7 202-00203 Removal of Curb and Gutter 335 LF $ 5.25 $ 1,758.75 8 202-00206 Removal of Concrete Curb Ramp 16 SY $ 71.30 $ 1,140.80 9 202-00220 Removal of Asphalt Mat (Full Depth) 185 SY $ 25.30 $ 4,680.50 10 202-00240 Removal of Asphalt Mat (Planing) (2" Depth) 1,148 SY $ 5.20 $ 5,969.60 11 202-00900 Removal of Signal Pole Foundation 2 EA $ 958.00 $ 1,916.00 12 202-01000 Removal of Fence 567 LF $ 2.55 $ 1,445.85 13 203-00060 Embankment Material(Complete In Place) 1,090 CY $ 32.40 $ 35,316.00 14 203-00100 Muck Excavation 100 Cy $ 16.70 $ 1,670.00 15 203-0020D Borrow Muck Excavation Backfill) 200 TON $ 20,80 $ 4,160.00 16 203-01500 Blading(Ditch Grading) 4 HOUR $ 132.00 $ 528.00 17 203-01597 Potholing 24 HOUR $ 194.00 $ - 4,656.00 18 207-00200 To soil (Stockpile and Redistribute) 188 Cy $ 35.80 $ 6,730.40 19 208-00002 Erosion Log(12 Inch) 617 LF $ 6.65 $ 4,103.05 20 208-00035 Aggregate Bag 88 LF $ 13.80 $ 1,214AO 21 208-00045 Concrete Washout Structure 1 EA $ 1,200.00 $ 1,200.00 22 208-00051 Storm Drain Inlet Protection (Type 1) 55 LF $ 13.80 $ 759.00 23 208-00070 Vehicle Tracking Pad 1 EA $ 1.00 $ 1.00 24 208-00103 Removal and Disposal of Sediment (Labor) 30 HOUR $ 27.20 $ 816.00 25 208-00105 Removal and Disposal of Sediment (Equipment) 30 HOUR $ 56.40 $ 1,692.00 26 208-00106 Sweeping (Sediment Removal) 30 HOUR $ 122.00 $ 3,660.00 27 208-00205 Erosion Control Supervisor 30 HOUR $ 27.00 $ 810.00 28 210-04010 Adjust Manhole 1 EA $ 908.00 $ 908.00 29 210-04050 Adjust Valve Box 4 EA $ 232.00 $ 928.00 30 212-00006 Seeding (Native) 0.30 ACRE $ 4,650.00 $ 1,395.00 31 212-00100 Tree Retention and Protection 1 LS $ 4,230.00 $ 4,230.00 32 213-00002 Mulching (Weed Free Hay) 0.30 ACRE $ 4,650.00 $ 1,395.00 33 213-00061 Mulch Tackifier 30 LB $ 14.00 $ 420.00 34 304-06000 Aggregate Base Course (Class 6) 267 TON $ 37.00 $ 9,879.00 35 403-00720 Ho[Mix Asphalt (Hand Patching) 30 TON $ 218.00 $ 6,540.00 U J • 0 Timberline Road & Kechter Road Right Turn Lanes 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. 20 Timberline Road & Kechter Road Right Turn Lanes 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 B2 x 100 B1 Where Bi = Light Reflectance Value (LRV) of the lighter area B2 = LRV of the darker area Absolute black and white will not be permitted. 21 • 0 Timberline Road & Kechter Road Right Turn Lanes • 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. 11 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. (h) Altemate 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. 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. 22 Timberline Road 8 Kechter Road Right Turn Lanes REVISION OF SECTION 625 CONSTRUCTION SURVEYING Section 625 of the standard Specifications is hereby revised for this project as follows Subsection 625.01 is hereby revised to include the following: All existing survey monuments and property corner located outside of the project grading limits as defined on the plans that are damaged or destroyed by the Contractor will be replaced at the Contractor's expense. All existing survey monuments and property corners located within the project grading limits which are intended to remain in place and intact as defined on the plans shall be protected by the Contractor. Where necessary monuments, property corners, and section corners will be adjusted or replaced by the City for this project. City of Fort Collins will provide the surveying and staking anticipated to include the following 1. Control Location of horizontal and vertical control points will be provided at approximately 1000- foot intervals. Monuments will be set outside the limits of construction. 2. Easements and Right of Way Temporary construction easements (TCE) and those portions of right of way between . TCE's will be staked at 100 foot intervals on tangents, PCs, 50 foot intervals on curves, angle points and corner points. 3. Excavation and Embankment a. One set of slope stakes at 25-foot intervals (stations) on each side of the proposed road including intersections. Staking information to include cut/fill for • "limit of cut" or "limit of fill" location • decision point (ditch flowline or grade break) • edge of pavement • roadway centerline b. One set of shoulder and/or curb stakes at 25-foot stations on each side of the road including intersections. C. One set of slope or shoulder stakes for the grading of each driveway and field access. d. Ditch grades shall be defined by the slope staking described above. 4. Storm Drainage One set of offset stakes for each storm drain pipe and inlets. 5. Utility Crossing One set of offset stakes for the utility conduit crossings. • 23 Timberline Road & Kechter Road Right Turn Lanes • 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. A 24 Timberline Road & Kechter Road Right Turn Lanes REVISION OF SECTION 630 • CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the standard Specifications is hereby revised for this project as follows: Subsection 630.01 is hereby revised to include the following: This work shall consist of furnishing, installing, maintaining and removing temporary construction traffic control devices including, but not limited to: signs, advance warning arrow panels, variable message boards, barricades, channeling devices and delineators as required by the latest version of the City of Fort Collins Work Area Traffic Control Handbook, Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) and the Larimer County Urban Area Street Standards (LCUASS). In the event of a conflict between the MUTCD and the City's criteria, the City of Fort Collins specifications shall govern. Subsection 630.02 is hereby revised to include the following: All traffic control devices placed for the project must meet or exceed the minimum standards set forth in the City of Fort Collins Work Area Traffic Control Handbook and the MUTCD. All traffic control devices shall be clean and in good operating condition when delivered and shall be maintained in that manner on a daily basis. All traffic control devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (ex. Crossed our information, information written in long- . hand style, etc.). Additionally, any sign blank with sign faces on both sides must have the back sign face covered when in use to avoid confusion to motorists traveling in the opposite direction and other potentially affected parties. Subsection 630.09 is hereby revised to include the following: Traffic control through the construction area is the responsibility of the Contractor When a device is not in use, the Contractor shall remove it from the project for the period it is not needed. Devices temporarily not in use shall, as a minimum, shall be removed from the area. Moving will include devices removed from the project and later returned to use. Traffic control devices shall be placed and / or stored in the City right-of-way in such a manner that minimizes the hazards to pedestrians, bicyclists and vehicles. Traffic control devices shall be removed from the site immediately upon completion of the work for any street(s). In the event there is a violation or safety issue, the City will order a "Stop Work Order" until the issue(s) is corrected. The Contractor shall not be entitled to any additional compensation for delays associates with the "Stop Work Order". The Contractor shall be responsible for ensuring safe passage through the work zone for vehicle, pedestrians and bicyclists. 25 Timberline Road & Kechter Road Right Turn Lanes SThe 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. 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 111 / III barricades, cones, drum channelizing devices and advance warning flashing or sequencing arrow panel. Certain traffic control devices may be used for more than one operation or phase. However, all devices required for any particular phase must be detailed and tabulated for each phase. 3. Number of flaggers to be used. 4. Parking restrictions to be in effect. Approval of the proposed method of handling traffic does not relieve the Contractor of liability specifically assigned to him / him under this Contract. Subsection 630.10 is hereby revised to include the following: 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 MSupervisor JCS). The TCS(s) shall possess a current American Traffic Safety Services 26 Timberline Road & Kechter Road Right Turn Lanes 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. A full-time TCS is not anticipated on this project. It is the intent of the specifications that the Head TCS be the same throughout the project and remains on site at all times during the construction. If, in the opinion of the City, any traffic control individual does not perform their duties at or to the minimum industry standard, the Contractor will be required to replace that individual. The TCS shall be equipped with a cellular phone. The TCS duties shall include, but not be limited to the following: 1. Prepare, revise and submit Traffic Control Plans as required. 2. Supervise and direct project flaggers. 3. Coordinate all traffic control related operations, including those of the Subcontractor and supplier. . 4. Coordinate project activities with appropriate police and fire control agencies, Transfort, school districts and other affected agencies and parties prior to construction. 5. Inspect traffic control devices on a calendar day basis for the duration of the project to ensure devices are functioning properly. 6. Oversee all requirements covered by the plans and specifications which contribute to the convenience, safety and orderly movement of traffic. 7. Flagging in emergency or relief for short periods of no more than fifteen (15) minutes over a sixty (60) minute period. 8. Traffic control device set up and removal 9. Maintain a project traffic control diary which shall become part of the City's records. This diary / log shall be submitted to the City daily and shall include the following information as a minimum: a) Date b) For Traffic Control Inspection, the time of the inspection c) Project description and location d) Traffic Control Supervisor's name e) Types and quantities of traffic control devices used per approved MHT f) List of flaggers used, including start time, stop time and number of flagging hour breaks 27 Timberline Road & Kechter Road Right Turn Lanes . 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 Size A Specialty Sign Vertical panel without light Size B Specialty Sign Channelizing drum without light Safety Fence Type 1/II barricade without light Light Type III barricade without light Advance warning flashing or sequencing arrow panel Cone with reflective strip Variable message board Size A sign with stand Size B sign with stand • All costs associated with Traffic Control Plan review will not be measured or paid for separately, but shall be considered incidental to the Work. Review fees will not be measured or paid for separately; but shall be considered incidental to the Work. The Contractor shall provide the services of the Colorado State Patrol or City of Fort Collins Police when necessary during the course of the work as instructed by the City. Associated costs shall be incidental to the Work. The City shall deduct from compensation due the Contractor $10.00 per day for each traffic control device not removed from the site immediately upon completion of the work or as directed by the City. Flagger hand signs and devices, such as Stop / Slow paddles, will not be measured and paid for seperately, but shall be included in the Work. The flaggers(s) shall be provided with electronic communication devices when required. These devices will not be measured and paid for separately, but shall be included in the Work. The cost of batteries, electricity and / or fuel for all lighting or warning devices will not be measured and paid for separately but will be considered subsidiary to the traffic control. Sand bags and caution tape will not be measured and paid for separately, but shall be included in the Work. M Timberline Road & Kechter Road Right Turn Lanes The Contractor may provide larger construction traffic signs than those typically used in . accordance with the City of Fort Collins Work Area Traffic Control Handbook and the MUTCD, if approved by the City. However, no payment will be made for additional panel size. The City shall not be responsible for any losses or damage due to theft of vandalism. The City of Fort Collins will not be responsible for any damage caused by the Contractor's construction activities to the public. Private or public property which is damaged by the Contractor's equipment or employees will be the sole responsibility of the Contractor. Subsection 630.15 is hereby revised to include the following: All traffic control costs including, but not limited to, furnishing equipment, equipment set up / removal / modifications, TCS and flagging personnel, vehicles, phones, hand signs, communication devices, sandbags and all related incidentals required for traffic control under this Contract shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work. No measurement or payment shall be made separately for traffic control related items as specified in these specifications or as directed by the City. SPECIAL CONDITIONS FOR WORK ON ARTERIAL AND COLLECTOR STREETS 1. Cross street traffic shall be maintained at all times unless authorized by the City in writing. 2. Full closures on Arterials and Collectors will be allowed under extreme circumstances and only upon approval from the City. Plans shall be approved a minimum of two (2) weeks prior to commencement of work and / or the time required to adequately notify the . public through the media. 3. Construction or repair work will not be permitted at or in the vicinity of an Arterial / Arterial intersection that has major traffic volumes between the hours of 7:OOam to 8:30am or 3:30pm to 6:OOpm (except in the case of an emergency). Work may be done on weekends or extended hours (outside of the 7:OOam to 6:OOpm window) at Arterial / Arterial intersections with approval from the City. 4. Construction or repair work on Arterial streets, outside of the influence of an Arterial / Arterial intersection, is allowed during the hours of 7:OOam to 6:OOpm, Monday through Friday excluding holidays. The City will specify the minimum required distance needed from the Arterial / Arterial intersection. Work may be done on weekends or extended hours (outside of the 7:OOam to 6:OOpm window) with approval from the City. 5. Time restrictions on State Highway 287 (College Avenue) will normally be restricted from 9:OOam to 3:OOpm. 6. Construction hours, except for emergencies, shall be limited to 7:OOam to 6:OOpm Monday through Friday excluding holidays, unless authorized by the City in writing. Pay Item Pay Unit Construction Zone Traffic Control Lump Sum Traffic Control Management Day Traffic Control Inspection Day Flagging Hour Portable Message Sign Panel Day • 29 C` J 0 36 403-32821 1 Hot Mix Asphalt (G rading SG) (100)(PG 58-28) 246 TON $ 104.00 $ 25,584.00 37 403-33851 Hot Mix Asphalt (Grading 5)(100)(PG 64-28) 221 TON $ 106.00 $ 23,426.00 38 420-00300 Geotextlle(Reinforcement) 100 SY $ 11.40 $ 1,140.00 39 507-00400 Bituminous Slope and Ditch Paving(Asphalt) 2 TON $ 651.00 $ 1,302.00 40 604-19105 Inlet Type L5(S Foot) 1 EA $ 4,010.00 $ 4,010.00 41 607-11525 Fence (Plastic) 604 LF $ 3.80 $ 2,295.20 42 607-11530 Fence ("T Posts and Smooth Wire) 545 LF $ 6.35 $ 3,460.75 43 608-OM Concrete Sidewalk 480 SY $ 53.10 $ 25,488.00 44 608-00010 Concrete Curb Ramp 28 SY $ 174.00 $ 4,872.00 45 608-10010 Sidewalk Drain 1 EA $ 4,730.00 $ 4,730.00 46 609-21020 Curb and Gutter Type 2 (Section II-B) 496 LF $ 23.00 $ 11,408.00 47 615-00050 Embankment Protector Type S 1 EA $ 1,690.00 $ 1,690.00 48 620-00020 ISanitary Facility 1 EA $ 501.00 $ 501.00 49 626-00000 Mobilization 1 LS $ 26,500.00 $ 26,500.00 50 630-00000 Flagging 200 HOUR $ 20.90 $ 4,180.00 51 630-00007 Traffic Control Inspection 30 DAY $ 81.40 $ 2,442.00 52 630-00012 Traffic Control Management 30 DAY $ 436.00 $ 13,080.00 630-90000 Construction Zone Traffic Control 1 LS $ 6,980.00 $ 6,980.00 E_5453 630-80359 IPortable Message Sign Panel 20 DAY $ 81.40 $ 1,628.00 TOTAL BASE BIDI 286,631.70 Submitted By: /1 q Company: 1/r/ Address: 77E Phone: One Dollars and Seventv Cents Printed: William S Anderson, Vice President Email: rtremble@connellresources.com Timberline Road & Kechter Road Right Turn Lanes UTILITIES The following Utilities are known to be within the project limits: Utilitv/Aciencv Contact Phone Traffic — City of Fort Collins Syl Mireles (970) 221-6815 Fiber Optic — Comcast Don Kapperman (970) 567-0245 Electric — City of Fort Collins Doug Martine (970) 224-6153 Electric — Poudre Valley REA Matt Organ (970) 226-1234 Telephone — Century Link Bob Rulli (970) 988-2120 Water — Fort Collins -Loveland Water District Jay East (970) 567-3505 Gas — Xcel Energy Stephanie Rich (970) 225-7828 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 Utilities. Relocation of overhead electric lines and poles along the east side of Timberline Road (PVREA). Relocation of telephone pullbox at STA 18+03 LT (CenturyLink). Removal and resetting of traffic signal poles and hardware (City of Fort Collins). The work listed below shall be performed by the Contractor in accordance with the plans and specifications, and as directed by the Engineer. • Adjustment of water manhole rim at STA 16+86 RT (FCLWD). • Adjustment of water valve boxes. The Contractor shall keep the utility companies advised of any work being done to their facilities, so that the utility companies can coordinate their inspections for final acceptance of the • work with the Engineer. Provide written notice to each utility company, with a copy to the 30 Timberline Road & Kechter Road Right Turn Lanes 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. 11 31 L s STANDARD SPECIAL PROVISIONS 32 February 3, 2011 REVISION OF SECTION 103 COLORADO RESIDENT BID PREFERENCE Section 103 of the Standard Specifications is hereby revised for this project as follows: Subsection 103.01 shall include the following: (a) Colorado Resident Bid Preference. A resident bidder shall be allowed a preference against a nonresident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the nonresident bidder is a resident. Resident bidder means: (1) A person, partnership, corporation, or joint venture which is authorized to transact business in Colorado and which maintains its principal place of business in Colorado: or, (2) A person, partnership, corporation, or joint venture which is authorized to transact business in Colorado, which maintains a place of business in Colorado, and which has paid Colorado unemployment compensation taxes in at least seventy-five percent of the eight quarters immediately prior to bidding on a construction contract for a public project. • To determine the resident bid preference status of a bidder, the bidder shall submit a completed Form 604 with the proposal. Failure to submit the residency Form with the proposal will be justification for and may result in the rejection of the proposal and forfeiture of the proposal guaranty. 40 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. 0 33 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) 0 0 34 July 29, 2011 February 3, 2011 REVISION OF SECTION 106 CERTIFICATES OF COMPLIANCE AND CERTIFIED TEST REPORTS Section 106 of the Standard Specifications is hereby revised for this project as follows: In subsection 106.12, delete the second paragraph and replace it with the following: The original Certificate of Compliance shall include the Contractor's original signature as directed above. The original signature (including corporate title) on the Certificate of Compliance, under penalty of perjury, shall be of a person having legal authority to act for the manufacturer. It shall state that the product or assembly to be incorporated into the project has been sampled and passed all specified tests in conformity to the plans and specifications for this project. One legible copy of the fully signed Certificate of Compliance shall be furnished to the Engineer prior to installation of material. The original shall be provided to the Engineer before payment for the represented item will be made. In subsection 106.13, delete the second paragraph and replace it with the following: The Certified Test Report shall be a legible copy or an original document and shall include the Contractor's original signature as directed above. The signature (including corporate title) on the Certified Test Report, under penalty of perjury, shall be of a person having legal authority to act for the manufacturer or the independent testing laboratory. It shall state that the test results show that the product or assembly to be incorporated into the project has been sampled and passed all specified tests in conformity to the plans and specifications for this project. One legible copy or original document of the fully signed Certified Test Report shall be furnished to the Engineer prior to installation of material. Failure to comply may result in delays to the project or rejection of the materials. 0 35 10 October 31, 2013 REVISION OF SECTION 106 MATERIAL SOURCES Section 106 of the Standard Specifications is hereby revised for this project as follows: In subsection 106.02 (a), delete the third paragraph and replace with the following: The Contract will indicate whether the Department has or has not obtained the necessary County or City Zoning Clearance and the required permit from Colorado Department of Natural Resources needed to explore and remove materials from the available source. If the Department did not obtain the necessary clearances or permits, the Contractor shall obtain them. Any delays to the project or additional expenses that are incurred while these clearances or permits are being obtained shall be the responsibility of the Contractor. The Contractor shall ensure that the requirements of the permits do not conflict with the pit construction and reclamation requirements shown in the Contract for the available source. In subsection 106.02 (b), delete the first paragraph and replace with the following: (b) Contractor Source. Sources of sand, gravel, or borrow other than available sources will be known as contractor sources. The contractor source will be tested by the Department and approved by the Engineer prior to incorporation of the material into the project.. If the submitted materials do not meet the contract specifications it will become the Contractor's responsibility to re -sample and test the material. The Contractor will supply the Department with passing test results from an AASHTO accredited laboratory and signed and sealed by a Professional Engineer. If requested by the Engineer, the Department will then re -sample and re -test the material for compliance to the contract specifications. The Contractor shall produce material which meets contract specifications throughout construction of the project. The cost of sampling, testing, and corrective action by the Contractor will not be paid for separately but shall be included in the work. BE January 30, 2014 REVISION OF SECTION 106 SUPPLIER LIST Section 106 of the Standard Specifications is hereby revised for this project as follows Subsection 106.01 shall include the following: Prior to beginning any work the Contractor shall submit to the Engineer a completed Form 1425, Supplier List. During the performance of the Contract, the Contractor shall submit an updated Form 1425 when requested by the Engineer. Failure to comply with the requirements of this subsection shall be grounds for withholding of progress payments. 0 37 C1 • 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. RR January 30, 2014 REVISION OF SECTION 107 WARNING LIGHTS FOR WORK VEHICLES AND EQUIPMENT Section 107 of the Standard Specifications is hereby revised for this project as follows: Subsection 107.06 (b) shall include the following: All work vehicles and mobile equipment shall be equipped with one or more functioning warning lights mounted as high as practicable, which shall be capable of displaying in all directions one or more flashing, oscillating, or rotating lights for warning roadway traffic. The lights shall be amber in color. The warning lights shall be activated when the work vehicle or mobile equipment is operating within the roadway, right of way or both. All supplemental lights shall be SAE Class 1 certified. • 1] 39 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. `%%1111//f. .90 _ if BicTTa�x�orQc :.f) OR RESPECTFULLY SUBMITTED: Connell Connell Resources, Inc. CONTRACTOR BY:l�— William 5 Anderon June 13 2014 Printed Date • i •..i�t;IT�i i� u • License Number (If Applicable) Attest: Sheri C: Welch, Secretary Address 7785 Highland Meadows fkwu. Suite 100 Fort CON%. Co 50525 Telephone 970-2233151 Email jfindbad@conrWkesources.com 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. • • May 2, 2013 40 REVISION OF SECTION 108 LIQUIDATED DAMAGES Section 108 of the Standard Specifications is hereby revised for this project as follows: In subsection 108.09 delete the schedule of liquidated damages and replace with the following: Original Contract Amount ($) Liquidated Damages per Calendar Day From More Than To And Including 0 250T000 400 250,000 500,000 700 (500TQ00 1V QQOTQ00 1,1 Q0 1,000,000 2,000,000 1,600 2,000,000 4,90Q000 2 500 4,000,000 1'0,000,000 - 10,000,000 --------------- M, 3,300 3,300 plus 200 Per Each Additional 1,000,000 Contract Amount or Part Thereof Over 10,000,000 is • 41 January 31, 2013 • REVISION OF SECTION 108 SUBLETTING OF CONTRACT Section 108 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 108.01 and replace with the following: 108.01 Subletting of Contract. The Contractor shall not sublet, sell, transfer, assign, or dispose of the Contract or Contracts, or any portion thereof without written permission of the Engineer. Prior to beginning any work by subcontractor, the Contractor shall request permission from the Engineer by submitting a completed Sublet Permit Application, CDOT Form No. 205. The subcontract work shall not begin until the Contractor has received the Engineer's written permission. The Contractor shall make all project related written subcontracts, agreements, and purchase orders available to the Engineer for viewing, upon request and at a location convenient to the Engineer. The Contractor will be permitted to sublet a portion of the Contract, however, the Contractor's organization shall perform work amounting to 30 percent or more of the total original contract amount. Any items designated in the contract as "specialty items' may be performed by subcontract. The cost of "specialty items" so performed by subcontract may be deducted from the total original contract amount before computing the amount of work required to be performed by the Contractor's own organization. The original contract amount includes the cost of material and manufactured products which are to be purchased or produced by the Contractor and the actual agreement amounts between the Contractor and a subcontractor. Proportional value of a subcontracted partial contract item will be verified by the Engineer. When a firm both sells material to a prime contractor and performs the work of incorporating the materials into the project, these two phases shall be considered in combination and as constituting 10 a single subcontract. U The calculation of the percentage of subcontracted work shall be based on subcontract unit prices. Subcontracts or transfer of Contract shall not release the Contractor of liability under the Contract and Bond. 42 October 31, 2013 REVISION OF SECTION 108 is PAYMENT SCHEDULE (SINGLE CONSTRUCTION YEAR) Section 108 of the Standard Specifications is hereby revised for this project as follows Delete subsection 108.04, and replace with the following 108.04 Payment Schedule. The Contractor shall prepare a payment schedule which shall show the dollar amount of work the Contractor expects to complete by the end of each State Fiscal Year (July 1 to June 30). The schedule shall cover the period from the commencement of work to the expected completion date as shown on the Contractor's progress schedule. The payment schedule may be prepared using standard spreadsheet software such as MS Excel and submitted in electronic format. The Contractor shall submit the payment schedule at the preconstruction conference. The payment schedule shall show the total dollar amount of work expected to be completed by the end of each State Fiscal Year. The amounts shown shall include planned force account work and expected incentive payments. If the Contractor fails to submit the payment schedule by the required date, the Engineer will withhold further progress payments until such time as the Contractor has submitted it. U 43 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. • 44 February 3, 2011 REVISION OF SECTION 109 MEASUREMENT OF QUANTITIES Section 109 of the Standard Specifications is hereby revised for this project as follows: In subsection 109.01, delete the 171" 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. C� C, J 45 January 6, 2012 REVISION OF SECTION 109 MEASUREMENT OF WATER Section 109 of the Standard Specifications is hereby revised for this project as follows: In subsection 109.01, delete the twenty-sixth paragraph and replace with the following: Water may be measured either by volume or weight. Water meters shall be accurate within a range of ± 3 percent. When water is metered, the Contractor shall use an approved metering device and shall furnish the Engineer a certificate showing the meter has been accurately calibrated within the time allowed in the following schedule: 2 inch 4 years 4 inch to 6 inch 2 years 8 inch to 10 inch 1 year • 46 January 31, 2013 REVISION OF SECTION 109 , PROMPT PAYMENT Section 109 of the Standard Specifications is hereby revised to include the following: Subsection 109.06 (e) shall include the following: The Contractor shall submit the Form 1418, Monthly Payment Report, along with the project schedule updates, in accordance with subsections 108.03 (b) or 108.03 (c) (3). Failure to submit a complete and accurate Form 1418 shall be grounds for CDOT to withhold subsequent payments or retainage to the Contractor. 11 E 47 July 19, 2012 REVISION OF SECTIONS 203, 206, 304 AND 613 COMPACTION Sections 203, 206, 304 and 613 of Standard Specifications are hereby revised for this project as follows: In subsection 203.03 (a), delete the fifth paragraph and replace with the following: 1. Soil Embankment. Soil embankment consists of materials with 50 percent or more of the material passing the 4.75 mm (No. 4) sieve. A soil embankment may also have more than 50 percent of the material retained on the 4.75 mm (No. 4) sieve, but no more than 30 percent of the material retained on the 19 mm (3/4 inch) sieve. Soil embankment shall be constructed with moisture density control in accordance with the requirements of subsection 203.07. Rock Embankment. Rock embankment consist of materials with 50 percent or more of the material retained on the 4.75 mm (No. 4) sieve and with more than 30 percent of the material retained on the 19 mm (3/4 inch) sieve. All material shall be smaller than 6 inches. Rock embankments shall be constructed without moisture density control in accordance with the requirements of subsection 203.08. Delete Subsection 203.07 and replace with the following: • 203.07 Construction of Embankment and Treatment of Cut Areas with Moisture and Density Control. Soil embankments shall be constructed with moisture and density control and the soil upon which the embankments are to be constructed shall be scarified to a depth of 6 inches and compacted with moisture and density control. The moisture content of the soil at the time of compaction shall be as specified or directed. The material shall be removed from the full width of roadbed in all cut sections to the designated depth. The soil below the designated depth shall be thoroughly scarified to a depth of 6 inches and the moisture content increased or reduced, as necessary, to obtain the moisture content specified. This scarified layer shall then be compacted to the relative compaction specified. All embankment material shall be compacted to not less than 95 percent relative compaction. Maximum dry density of all soil types encountered or used will be determined in accordance with AASHTO T 99 as modified by CP 23. Soils shall be compacted at ± 2 percent of Optimum Moisture Content (OMC) as determined by AASTHO T 99. Soils having greater than 35 percent passing the 75 pm (No. 200) sieve shall be compacted to 0 to 3 percent above OMC. Soils which are unstable at the above moisture content shall be compacted at lower moisture content to the specified density. Additional work involved in drying embankment material to the required moisture content shall be included in the contract price paid for excavating or furnishing the material with no additional compensation. Density requirements will not apply to materials which cannot be tested in accordance with the above • procedures for determining maximum dry density. Compaction for materials which cannot be tested shall be in accordance with subsection 203.08. FK Claystone or soil -like non -durable shale shall be pulverized and compacted to the specified moisture and percent of relative compaction and shall be compacted with a heavy tamping foot roller, weighing at least 30 tons. Each tamping foot roller shall protrude from the drum a minimum of 4 inches. Each embankment layer shall receive a minimum of three or more coverages with the tamping foot roller to obtain density. One coverage consists of one pass over the entire surface designated. One pass consists of the passing of an acceptable tamping foot roller over a given spot. The roller shall be operated at a uniform speed not exceeding 3 miles per hour. No additional compensation will be made for additional roller coverages to achieve specified density requirements. In subsection 206.03, delete the fourth and fifth paragraphs and replace with the following: Backfill shall consist of approved materials uniformly distributed in layers brought up equally on all sides of the structure. Each layer of backfill shall not exceed 6 inches before compacting to the required density and before successive layers are placed. Structure backfill (Class 1) shall be compacted to a density of not less than 95 percent of maximum dry density determined in accordance with AASHTO T 180 as modified by CP 23. Backfill shall be compacted at ± 2 percent of Optimum Moisture Content (OMC). Structure backfill (Class 2) shall be compacted to a density of not less than 95 percent of maximum dry density. The maximum dry density and OMC for A-1, A-2-4. A-2-5 and A-3 materials will be determined in accordance with AASHTO T 180 as modified by CP 23, The maximum dry density and OMC for all other materials will be determined in accordance with AASHTO T 99 as modified by CP 23. Materials shall be compacted at ± 2percent of Optimum Moisture Content (OMC). Materials having greater than 35 percent passing the 75 pm (No. 200) sieve shall be compacted at 0 to 3 percent above OMC. In subsection 304.06, delete the first paragraph and replace with the following: • 304.06 Shaping and Compaction. Compaction of each layer shall continue until a density of not less than 95 percent of the maximum density determined in accordance with AASHTO T 180 as modified by CP 23 has been achieved. The moisture content shall be at +1-2 percent of optimum moisture content. The surface of each layer shall be maintained during the compaction operations so that a uniform texture is produced and the aggregates are firmly keyed. Moisture conditioning shall be performed uniformly during compaction. In subsection 613.07, delete the 151h paragraph and replace with the following: Trenching shall be backfilled and compacted as follows: Backfill shall be deposited in uniform layers. The thickness of each layer shall be 6 inches or less thick prior to compaction. The space under the conduit shall be completely filled. The remainder of the trench and excavation shall be backfilled to the finished grade. The backfill material shall be compacted to the density of not less than 95 percent of maximum dry density. The maximum dry density and optimum moisture content (OMC) for A-1, A-2-4. A-2-5 and A-3 materials will determined in accordance with AASHTO T 180 as modified by CP 23. The maximum dry density and OMC for all other materials will determined in accordance with AASHTO T 99 as modified by CP 23. Materials shall be compacted at ± 2percent of Optimum Moisture Content (OMC). Materials having greater than 35 percent passing the 75 pm (No. 200) sieve shall be compacted at 0 to 3 percent above OMC. Each layer shall be mechanically compacted by tamping with power tools approved by the Engineer. Compaction methods or equipment that damage the conduit shall not be used. • 49 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors 11 • • r -\ LJ • January 31, 2013 REVISION OF SECTION 208 AGGREGATE BAG Section 208 of the Standard Specifications is hereby revised for this project as follows: In subsection 208.02 delete (1) and replace with the following: (1) Aggregate Bag. Aggregate bags shall consist of crushed stone or recycled rubber filled fabric with the following properties: Diameter (inches) Weight (minimum) ounds perfoot 6-8 6 10 10 12 15 Rubber used in bags shall be clean, 95 percent free of metal and particulates. Crushed stone contained in the aggregate bags shall conform to subsection 703.09, Table 703-7 for Class C. The aggregate bag shall consist of a woven geotextile fabric with the following properties: Property Requirement Test Method Grab TensiIafStrength 9011 min. [ArS1TiM D 46621 Trapezoid Tear Strength 25 lbs. min. ASTM D 4533 Mullen Burst 300 psi �A'SITiM D 37�867 Ultraviolet Resistance 70% ASTM D 4355 Subsection 208.12 shall include the following: Pay Item Pay Unit Aggregate Bag Linear Foot 50 January 31, 2013 REVISION OF SECTION 208 EROSION LOG Section 208 of the Standard Specifications is hereby revised for this project as follows: In subsection 208.02, delete (h) and replace with the following: (h) Erosion log. Shall be one of the following types unless otherwise shown on the plans: (1) Erosion Log (Type 1) shall be curled aspen wood excelsior with a consistent width of fibers evenly distributed throughout the log. The casing shall be seamless, photo -degradable tube netting and shall have minimum dimensions as shown in Table 208-1, based on the diameter of the log called for on the plans. The curled aspen wood excelsior shall be fungus free, resin free, and free of growth or germination inhibiting substances. (2) Erosion Log (Type 2) shall consist of a blend of 30-40 percent weed free compost and 60-70 percent wood chips. The compost/wood blend material shall pass a 50 mm (2 inch) sieve with a minimum of 70 percent retained on the 9.5 mm (3/8 inch) sieve and comply to subsection 212.02 for the remaining compost physical properties. The compost/wood chip blend may be pneumatically shot into a geotextile cylindrical bag or be pre -manufactured. The geotextile bag shall consist of material with openings of 3/8 inches of HDPE mesh, and contain the compost/wood chip material while not limiting water infiltration. Erosion log (Type 1 and Type 2) shall have minimum dimensions as shown in Table 208-1, based on the diameter of the log. Table 208-1 NOMINAL DIMENSIONS OF EROSION LOGS Diameter Length (feet) Weight (minimum) Stake (pounds/foot) Dimensions Inches Min. Max. 9 insh 10 180 1.6 1.5 by 1.5 (nominal) 10 180 2.5 by 18 1.5 by 1.5(nominal) 12 inch by 24 20 inch 10 100 4.0 2 by 2 (nominal) b 30 Stakes to secure erosion logs shall consist of pinewood or hardwood. Subsection 208.11 shall include the following: All BMPs measured by the linear foot shall be determined along the centerline of the BMP. Measured length will not include required overlap. 51 • 0 • April 26, 2012 • REVISION OF SECTION 212 SEED • 1 J Section 212 of the Standard Specifications is hereby revised for this project as follows: In subsection 212.02 (a), delete the first paragraph and replace with the following: (a) Seed. All seed shall be furnished in bags or containers clearly labeled to show the name and address of the supplier, the seed name, the lot number, net weight, origin, the percent of weed seed content, the guaranteed percentage of purity and germination, pounds of pure live seed (PLS) of each seed species, and the total pounds of PLS in the container. All seeds shall be free from noxious weed seeds in accordance with current state and local lists and as indicated in Section 213. The Contractor shall furnish to the Engineer a signed statement certifying that the seed is from a lot that has been tested by a recognized laboratory for seed testing within thirteen months prior to the date of seeding. The Engineer may obtain seed samples from the seed equipment, furnished bags or containers to test seed for species identification, purity and germination. Seed tested and found to be less than 10 percent of the labeled certified PLS and different than the specified species will not be accepted. Seed which has become wet, moldy, or damaged in transit or in storage will not be accepted. 52 January 31, 2013 REVISION OF SECTION 213 MULCHING Section 213 of the Standard Specifications is hereby revised for this project as follows: In subsection 213.01, delete the last paragraph and replace with the following: This work includes furnishing and applying spray -on mulch blanket or bonded fiber matrix on top of rock cuts and slopes after seeding or as temporary stabilization as shown on the plans or as directed by the Engineer. In subsection 213.02, delete the eighth paragraph and replace with the following: The hydromulch material for hydraulic mulching shall consist of virgin wood fibers manufactured expressly from clean whole wood chips. The chips shall be processed in such a manner as to contain no growth or germination inhibiting factors. Fiber shall not be produced from recycled materials such as sawdust, paper, cardboard, or residue from pulp and paper plants. The wood cellulose fibers of the mulch must maintain uniform suspension in water under agitation. Upon application, the mulch material shall form a blotter like mat covering the ground. This mat shall have the characteristics of moisture absorption and percolation and shall cover and hold seed in contact with the soil. The Contractor shall obtain certifications from suppliers that laboratory and field testing of their product has been accomplished, and that it meets all of the foregoing requirements pertaining to wood cellulose fiber mulch. In subsection 213.02, delete the eleventh paragraph and replace with the following: Material for mulch tackifier shall consist of a free -flowing, noncorrosive powder produced either from the natural plant gum of Plantago Insularis (Desert Indianwheat) or pre -gelatinized 100 percent natural corn starch polymer. The powders shall possess the following properties: Plantago Insularis (Desert Indianwheat): Test Method (2) Mucilage content 75%min. ASTM D7047 Pre -gelatinized 100 percent natural corn starch polymer: All fibers shall be colored green or yellow with a biodegradable dye. Delete the last paragraph in subsection 213.02 and replace with the following: (a) Spray -on Mulch Blanket. Spray on mulch blanket shall be one of the following, unless otherwise shown on the plans: (1) Spray -on Mulch Blanket (Type 1) shall be a hydraulically applied matrix containing organic fibers, water soluble cross -linked tackifier, reinforcing natural and/or synthetic interlocking fibers. Mulch Blanket (Type 1) shall conform to the following: 53 • is 0 r� U • Properties Requirement Test Method Organic Fibers 71 % Min. ASTM D 2974 Cross linked Tackifiers 10% +/- 2% Min. Application The organic fiber shall not contain lead paint, printing ink, varnish, petroleum products, seed germination inhibitors, or chlorine bleach. The organic fibers and reinforcing interlocking fibers cannot be produced from sawdust, cardboard, paper, or paper by-products. (2) Spray -on Mulch Blanket (Type 2) shall be a hydraulically applied matrix pre -packaged in 50 pound bags containing both a soil and fiber stabilizing compound and thermally processed wood fiber. The sterilized weed -free wood fiber mulch shall be manufactured through a thermo-mechanical defibrating process containing a specific range of fiber lengths averaging 0.25 inches or longer. Mulch Blanket (Type 2) shall meet the following requirements: Moisture Content uirement 12% ± 2% Test Method Total Air Dry Weight Basis The soil and fiber stabilizing compound shall be composed of linear anionic copolymers of acrylamide pre -packed within the bag having a minimum content of 1.0 percent. The compound shall conform to the following: Requirement • (b) Bonded Fiber Matrices (BFM). BFM shall consist of hydraulically -applied matrix with a minimum of 70 percent non -toxic thermally processed or refined long strand organic fibers and water soluble tackifier to provide erosion control and designed to be functional for a minimum of 9 months. BFMs form an erosion- 54 resistant blanket that promotes vegetation and prevents soil erosion. The BFM shall be 100 percent biodegradable. The binder in the BFM should also be biodegradable. Biodegradable BFMs should not be • applied immediately before, during, or immediately after rainfall if the soil is saturated. BFM shall conform to the following requirements: Application .,, _ -...� ., .. ,. , . x..e.. 3....- ...:;•. . "r." ors., ,s.:.�.a'. The fibers shall not contain lead paint, printing ink, varnish, petroleum products, seed germination inhibitors, or chlorine bleach. Fiber shall not be produced from sawdust, cardboard, paper, or paper by-products. In subsection 213.03 (b) 2, delete the second paragraph and replace with the following: Application Rate: Apply this as an overspray at the following rate or as approved by the Engineer. Powder Fiber Water 200 lbs./Acre 300 lbs./Acre 2000 gal./Acre In subsection 213.03, delete (f) and replace with the following: (f) Spray -on Mulch Blanket. Spray -on Mulch Blanket shall strictly comply with the Manufacturer's mixing • recommendations and installation instructions. No chemical additives with the exception of fertilizer, soil pH modifiers, extended -term dyes and bio nutrients will be permitted. Apply Spray -on mulch blanket in a uniform application using a minimum 22 degree arc type nozzle. Apply hydro slurry in two direction (from top of slope down and from toe of the slope up, as well as, be applied at a minimum of two layers). Hydromulching vessel shall be filled with water to at least 1/3 capacity (high enough to cover agitators) prior to adding any material. Continue to fill vessel with water and slowly add the fibers while agitators are in motion. Run agitators at'/. speed. Continue to mix tank a minimum of 10 minutes prior to application - Co -polymer shall not be used use in channels, swales, or other areas where concentrated flows are anticipated and should not be used on saturated soils that have groundwater seeps. Subsection 213.03 shall include the following: (g) Bonded Fiber Matrices (BFM). Bonded fiber matrices shall strictly comply with the Manufacturer's mixing recommendations and installation instructions. No chemical additives with the exception of fertilizer, soil pH modifiers, extended -term dyes and bio stimulant materials shall be permitted. BFM shall be applied in a uniform application using a minimum 22 degree arc type nozzle. Apply BFM in two direction (from top of slope down and from toe of the slope up, as well as, be applied at a minimum of two layers. Biodegradable BFMs should not be applied immediately before, during, or immediately after rainfall if the soil is saturated. Product shall not be used use in channels, swales, or other areas where concentrated flows are anticipated and should not be used on saturated soils that have groundwater seeps. Foot traffic, mechanical traffic or grazing shall not be permitted on treated areas until vegetated. Treated • areas damaged due to circumstances beyond Contractor's control shall be repaired or re -applied as ordered. Payment for corrective work, when ordered, shall be at contract rates. 55 • In subsection 213.04, delete the first paragraph and replace with the following: The quantity of hay and straw mulch, wood chip mulch, wood fiber and, spray -on mulch tackifier, bonded fiber matrix and tackifier will not be measured but shall be the quantity designated in the Contract, except that measurements will be made for revisions requested by the Engineer, or for discrepancies of plus or minus five percent of the total quantity designated in the Contract. Measurement for acres will be by slope distances. • In subsection 213.04, delete the fourth paragraph and replace with the following: Spray -on Mulch Blanket and Bonded Fiber Matrix will be measured by the acre or by the actual pounds of product applied, as shown on the plans. The area will be calculated on the basis of actual or computed slope measurements. The Contractor shall verify prior to application, weight of spray on mulch blanket and bonded fiber matrix bags for certification of materials and application rate. Subsection 213.05 shall include the following: Payment will be made under: Pay Item Pay Unit Bonded Fiber"Matrix Acre Bonded Fiber Matrix Pound Payment for spray -on mulch blanket and bonded fiber matrix will be full compensation for all work and materials necessary to complete this item. 56 July 19, 2012 REVISION OF SECTION 250 • ENVIRONMENTAL, HEALTH AND SAFETY. MANAGEMENT Section 250 of the Standard Specifications is hereby revised for this project as follows: In subsection 250.03, delete the second and third paragraphs and replace with the following: This project may be in the vicinity of property associated with petroleum products, heavy metal based paint, landfill, buried foundations, abandoned utility lines, industrial area or other sites which can yield hazardous substances or produce dangerous gases. These hazardous substances or gases can migrate within or into the construction area and could create hazardous conditions. The Contractor shall use appropriate methods to reduce and control known landfill, industrial gases, and visible emissions from asbestos encounters and hazardous substances which exist or migrate into the construction area. The Contractor shall follow CDOT's Asbestos -Contaminated Soil Management Standard Operating Procedure, dated August 22, 2011 for proper handling of asbestos -contaminated soil, and follow all applicable Solid and Hazardous Waste Regulations for proper handling of soils encountered that contain any other substance mentioned above. Encountering suspected contaminated material, including groundwater, old foundations, building materials, demolition debris, or utility lines that may contain asbestos or be contaminated by asbestos, is possible at some point during the construction of this project. When suspected contaminated material, including groundwater, is encountered or brought to the surface, the procedures under subsection 250.03(d) shall be followed. In subsection 250.07 delete, (d) and replace with the following: (d) CDOT's Asbestos -Contaminated Soil Management Standard Operating Procedure, dated August 22, 2011. Asbestos contaminated soil shall be managed in accordance with 6 CCR 1007-2, Section 5, Asbestos Waste Management Regulations. Regulations apply only upon discovery of asbestos materials during excavation and soil disturbing activities on construction projects, or when asbestos encounters are expected during construction. The contractor shall comply with procedures detailed in the CDPHE's Asbestos -Contaminated • Soil Guidance Document and CDOT's approved Asbestos -Contaminated Soil Management Standard Operating Procedure, dated August 22, 2011, including the following minimum requirements: (1) Immediate actions and implementation of interim controls to prevent visible emissions, exposure, and asbestos contamination in surrounding areas. (2) Soil Characterization. (3) Training required for all personnel involved in excavation and other soil disturbing activities, once asbestos is encountered during construction or on projects where asbestos encounters are expected. Training must be given by a Certified Asbestos Inspector or Certified Asbestos Abatement Designer with a minimum of six months experience inspecting asbestos contaminated soil- (4) Assessment for the presence and extent, within the proposed area of disturbance, of asbestos discoveries, whether expected or unexpected, by a Certified Asbestos Inspector. (5) Investigation and sampling required for risk assessment and management. Investigation, if required, shall be conducted by a Certified Asbestos Inspector. (6) Risk assessment and determinations for further management or abatement. (i) Risk assessment and determinations must be made by a Certified Asbestos Inspector, and coordinated with the Engineer. (ii) Soil remediation is not necessarily required, depending on the circumstances. (7) Submit 24-hour Notification of Unplanned Asbestos Discovery. (8) Submit 10-day Notification of Planned Asbestos Management. 57 April 26, 2012 • 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 first paragraph and replace with the following: 401.17 Compaction. The hot mix asphalt shall be compacted by rolling. Both steel wheel and pneumatic tire rollers will be required. The number, weight, and type of rollers furnished shall be sufficient to obtain the required density while the mixture is in a workable condition. Compaction shall begin immediately after the mixture is placed and be continuous until the required density is obtained. When the mixture contains unmodified asphalt cement (PG 58-28 or PG 64-22) or modified (PG 58-34), and the surface temperature falls below 185 OF, further compaction effort shall not be applied unless approved, provided the Contractor can demonstrate that there is no damage to the finished mat. If the mixture contains modified asphalt cement (PG 76-28, PG 70-28 or PG 64-28) and the surface temperature falls below 230 OF, further compaction effort shall not be applied unless approved, provided the Contractor can demonstrate that there is no damage to the finished mat. Warm Mix Asphalt compaction requirements shall conform to CP 59. 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. C1 J In subsection 401.17, second to last paragraph, delete the first sentence and replace with the following: After production paving work has begun, a new Roller Pattern shall be demonstrated when a change in the compaction process is implemented. m February 3, 2011 REVISION OF SECTION 401 • COMPOSITION OF MIXTURES — VOIDS ACCEPTANCE Section 401 of the Standard Specifications is hereby revised for this project as follows: Subsection 401.02(a) shall include the following: On projects with voids acceptance of hot mix asphalt, mix designs based on a theoretical rejection of baghouse fines may be used when necessary to meet CDOT mix design requirements if the following additional requirements are met. Written approval for use of theoretical rejection of baghouse fines mixture design shall be obtained before production of project material. (1) Price adjustment for the hot mix asphalt shall be made based on voids acceptance criteria as prescribed in the latest version of the Standard Special Provision, Revision of Sections 105 and 106, Conformity to the Contract of Hot Mix Asphalt (Voids Acceptance). All costs associated with theoretical rejection of baghouse fines mix design, production, and acceptance shall be at the Contractor's expense. (2) The Contractor shall submit a separate Quality Control (QC) plan for handling the rejection of baghouse fines. The plan shall identify the plan, equipment, and procedures that will be used for the rejection of baghouse fines. The plan shall include detailed information on baghouse control systems and actual data demonstrating consistent system functionality. The QC plan shall be approved in writing prior to production. (3) The Contractor shall demonstrate that the material can be produced in accordance with one of the two procedures listed below. The Contractor shall supply project aggregate material for • use in establishing acceptance testing equipment correction factors. Aggregate samples that have been produced according to CP-L 5117 to represent plant -produced material shall be provided by the mix design lab. (i) The Contractor shall produce a minimum of 3000 tons of material. This material shall be placed on non thru lanes or offsite in locations approved by the Engineer. A minimum of 3 samples will be tested for AC content, air voids and VMA. QL's for each element will be determined in accordance with the contract documents. If the QL is equal to or greater than 65 for VMA and Asphalt Cement Content and the QL for the element of air voids is equal to or greater than 70, full production may commence. This material may be considered a separate process and price adjustment will be in accordance with subsection 105.05 or; (ii) The Contractor shall construct a 500-ton test strip on the main line on the project. Tonnage other than 500 tons may be produced only if approved. Three samples in the last 200 tons will be tested for volumetric properties. After construction of the test section, production shall be halted until the testing is complete and element QL's are calculated. If the QL is equal to or greater than 65 for VMA and Asphalt Cement Content and the QL for the element of air voids is equal to or greater than 70, full production may commence. If the TQL is less than 65 or the QL for the element of air voids is less than 70, the material shall be removed and replaced at the Contractor's expense. • 59 CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release (Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS • • r� L SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS:.that we, the undersigned -'_Connell Resources. Inc. as Principal, and Travelers Casualty and Surety Company getmy, are hereby held and firmly F've percent (5%) of total bid - 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 thatwhereas the Principal has submitted to the City of FortCollins, Colorado the accompanying Bid'and hereby made apart hereof to enter into a Construction Agreement for the construction of FortCollins Project,,.7650 Timberline & Kechter Right Turn Lanes. 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 fumish-a BOND forhis.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. July 19, 2012 • 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 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. .E May 2, 2013 REVISION OF SECTION 401 • RECLAIMED ASPHALT PAVEMENT Section 401 of the Standard Specifications is hereby revised for this project as follows: Subsection 401.02(b) shall include the following: Reclaimed Asphalt Pavement (RAP) is allowed in hot mix asphalt (HMA) up to a maximum binder replacement of 23 percent for all lifts, provided all specifications for HMA are met. Fine Aggregate Angularity requirements shall apply only to the virgin fraction of the fine aggregate. The RAP shall not contain clay balls, vegetable matter, or other deleterious substances, and must meet the uniformity requirements as outlined below. HMA Project Verification Testing for asphalt content and gradation will be performed at the frequencies listed in the Field Materials Manual in accordance with CP-L 5120. The Contractor shall have an approved mix design for the amount of RAP to be used. The AC content of the RAP utilized in the Contractor RAP mix design shall be the average AC content determined in accordance with 1 B or 1 C, below, or alternatively, a minimum of five samples of the Contractors RAP stockpile may be sampled and the average AC content of the RAP be determined using AASHTO T- 164, Method A or B, or in accordance with I below. The Contractor shall determine the total binder replaced by the binder in the RAP pursuant to the following equation: Total Binder Replaced = (A x B) x 100/E Where: • A =RAP %Binder Content B=RAP%in Mix* E = Total Effective Binder Content * in decimal format (i.e. 2% is 0.02) The Total Binder Replaced by the binder in the RAP shall not exceed 23 percent of the effective binder content of either the mix design or the produced mix. The use of RAP shall be controlled in accordance with subsections 105.05 and 106.05. If the Contractor elects to use RAP, the following additional conditions shall apply: The Contractor shall have an approved Quality Control (QC) Plan that details how the RAP will be processed and controlled. The QC plan shall address the following: A. RAP Processing Techniques. This requires a schematic diagram and narrative that explains the processing (crushing, screening, and rejecting) and stockpile operation for this specific project. B. Control of RAP Asphalt Binder Content (AASHTO T-164, Method A or B). RAP Asphalt Binder Content may also be determined in accordance with CP-L 5120, provided an RAP AC content correction factor is determined through correlation testing with AASHTO T-164, Method A or B. The correction factor shall be determined by performing correlation testing on the first five samples of the RAP AC content, then at a frequency of one for every five AC content tests thereafter. The correction factor shall be determined by calculating the average difference in AC content between CP-L 5120 and AASHTO T-164, Method A or B, and applying the correction to the AC content determined in accordance with CP-L 5120 : • Frequency: 1/1000 tons of processed RAP material (minimum five tests) 61 C. (Alternate) The Contractor may propose a RAP asphalt content correction factor to be used in • conjunction with CP-L 5120. The proposed CP-L 5120 RAP asphalt content correction factor shall be used with all RAP asphalt contents tested for the mixture design and quality control sampling and testing. The methodology of the proposed CP-L 5120 RAP asphalt content correction factor shall be outlined in detail in the approved RAP QC Plan. At a minimum, the proposed CP-L 5120 correction factor shall identify the principal source locations of the RAP aggregate, gradation of the material tested, and specific ignition oven serial number used in all the RAP asphalt content testing. The RAP source locations, material gradation, and specific equipment used shall substantiate the CP-L 5120 asphalt content correction factor used for the testing. The substantiation must be from data gathered from historical information or specific asphalt content correction data obtained from tests performed on similar virgin aggregate sources, virgin material gradations, and the specific equipment used. • 11 D. Control of RAP Gradation (CP31 or AASHTO T-30): Frequency: 1/1000 tons of processed RAP material (minimum three tests) E. Process Control Charts shall be maintained for binder content and each screen listed in subsection 401.02(b), during addition of any RAP material to the stockpile. The Contractor shall maintain separate control charts for each RAP stockpile. The control charts shall be displayed and shall be made available, along with RAP AC extraction testing laboratory reports to the Engineer upon request 2. The processed RAP must be 100 percent passing the 31.5 mm (1!14 inch) sieve. The aggregate obtained from the processed RAP shall be 100 percent passing the 25.0 mm (1 inch) sieve. The aggregate and binder obtained from the processed RAP shall be uniform in all the measured parameters in accordance with the following: UNIFORMITY* Parameter Standard Deviation Binder Conterif "" _ -_ Percent Passing 19 mm (3/4") _ _'_'!0-5- _"_ 4.0 _ Perccen Passing 12 5 mm �: 4 0 x ) Percent Passing 9.5 mm ('/" )_ 4.0 Pe cr ent Passing 4, 75 mm ; 4 0 4.0 Percent Passing 2.36 mm Percent Passing 600 µm , Percent Passing 75 µm 1.5 #200) *Uniformity is the Maximum allowable Standard Deviation of test results of processed RAP. 3. If RAP millings generated are incorporated in the same project, in accordance with CPL 5145 the Contractor shall pave with a virgin mix design until sufficient amount of processed RAP has been stockpiled and tested to allow full production of a RAP HMA mix. 62 April 26, 2012 REVISION OF SECTION 401 RECLAIMED ASPHALT SHINGLES Section 401 of the Standard Specifications is hereby revised for this project as follows: Subsection 401.02(b) shall include the following: Reclaimed Asphalt Shingles (RAS) will be allowed in hot mix asphalt (HMA) up to a maximum of 5 percent of the total weight of the mix provided all specifications for HMA are met. Only RAS from manufactured shingle waste or post -consumer asphalt shingles as defined by AASHTO MP 15 shall be allowed. The RAS shall not contain clay balls or vegetable matter. Deleterious materials such as metals, glass, rubber, soil, brick, tars, paper, wood, and plastic shall not exceed 3.0 percent by mass as determined by material retained on the 4.75 mm (No. 4) sieve. Lightweight materials such as paper, wood, and plastic shall not exceed 1.5 percent by mass as determined by material retained on the 4.75 mm (No. 4) sieve. Deleterious material will be determined by the amount retained on the 4.75 mm (No. 4) sieve from a 500g-700g RAS sample. The Contractor shall pick and weigh the amount retained on the 4.75 mm (No. 4) sieve. The moisture content of the RAS shall not exceed 15percent by mass. The Contractor shall provide, using the Polarized Light Microscopy (PLM) method (EPA-600/M4-82- 020), asbestos test results from an independent laboratory accredited by the National Voluntary Laboratory Accreditation Program (NVLAP) verifying compliance with the Environmental Protection • Agency (EPA) National Emission Standards for Hazardous Air Pollutants (NESHAP) requirements (i.e. nondetectable is defined as less or equal to 1 percent asbestos). The Contractor's Project Safety Management Plan shall include a hazard assessment and safety considerations for the RAS processing, construction operations, and materials testing operations. The Contractor shall certify in writing and by submitting certificates of compliance in accordance with subsection 106.12 that RAS samples collected and analyzed, for the purpose of identifying properties of RAS as defined in this specification, are representative of the RAS that will be used in the HMA production for this project. The Contractor or RAS Supplier shall allow CDOT to visit the RAS production, shipping site, or both during normal business hours to perform an audit by observing the quality control activities, to inspect the facilities, and to obtain RAS samples for testing. Access to the site shall be provided within 24 hours of notice from the Engineer. The Contractor shall submit a mix design in accordance with Section 403 and CP 52 for the amount of RAS to be used. The shingle aggregate gradation and specific gravity shall be determined in accordance with AASHTO PP 53. The AC content of the RAS utilized in the Contractor RAS mix design shall be determined in accordance with AASHTO T-164, Method A or B. The Contractor may use both RAS and RAP in the mix design. The Contractor shall determine the total binder replaced by the binder in the RAS and RAP pursuant to the following equation: Total Binder Replaced = ((A x B) + (C x D)) x 100/E Where: A= RAP % Binder Content B= RAP % in Mix * C= RAS % Binder Content D= RAS % in Mix * E= Total Effective Binder Content 63 *in decimal format (i.e. 2% is 0.02) The Total Binder Replaced by the binder in the RAS, RAP, or both shall not exceed 30percent of the effective binder content of either the mix design or the produced mix. The same equation shall be used to calculate the total binder replaced for RAS only mixes. The Contractor shall supply CDOT with total binder grading tests from a single sample collected during production specified by the Engineer. The Contractor may uniformly blend sand or fine aggregate with RAS in stockpiles if needed to keep the processed material workable. The sand or fine aggregate added shall be considered in the final gradation of the new HMA. HMA with RAS shall be tested for acceptance in accordance with subsections 105.05 and 106.05. HMA Project Verification Testing for asphalt content and gradation will be performed at the frequencies listed in the Field Materials Manual in accordance with CP-L 5120. If the Contractor elects to use RAS, the following additional conditions shall apply: The Contractor shall have an approved Quality Control Plan (QCP) that details how the RAS will be processed and controlled. When the Contractor intends to use RAS from a RAS Supplier, that supplier's QCP shall be submitted by the Contractor. The Engineer will, in writing, suspend the work wholly or in part, for failure to comply with the approved QCP. The QCP shall be submitted with the Contractor's HMA mix design and shall address the following: A. RAS Processing Plan. The RAS Processing Plan shall include a schematic diagram and narrative • that explains the processing (grinding, screening, and rejecting) and stockpile operation for this specific project. Hand sorting of deleterious material prior to grinding is required. In addition, this plan shall address the control of agglomeration and moisture. B. Determination and Control of RAS Asphalt Binder Content (AASHTO T-164, Method A or B). RAS Asphalt Binder Content (AC) may also be determined in accordance with CP-L 5120, provided a RAS AC content correction factor is determined through correlation testing with AASHTO T-164, Method A or B. The correction factor shall be determined by performing correlation testing on the first five samples of the RAS AC content, then at a frequency of one for every five AC content tests thereafter. The correction factor shall be determined by calculating the average difference in AC content between CP-L 5120 and AASHTO T-164, Method A or B, and applying the correction to the AC content determined in accordance with CP-L 5120. Frequency: 1/250 tons of processed RAS material (minimum five tests). C. Control of RAS Gradation (CP31 or AASHTO T-30): Frequency: 1/250 tons of processed RAS material (minimum three tests) D. Process Control Charts shall be maintained for RAS binder content and each screen listed in subsection 401.02(b)2., during addition of any RAS material to the stockpile. The Contractor shall maintain separate control charts for each RAS stockpile. The control charts shall be displayed and shall be made available to the Engineer upon request. E. Asbestos content of RAS: Frequency: tests) 1/1000 tons of processed RAS material (minimum three 64 F. Moisture content of RAS: Frequency: 1 /day G. Deleterious Material: Frequency: 1/1000 tons of RAS material (minimum three tests) 2. The processed RAS shall be ground to meet the following requirements. Sieve Size Percent Passing by Mass 9.5 mm 318 inch 100 4.75 mm No.4) 90-100 3. The aggregate and binder obtained from the processed RAS shall be uniform in all the measured parameters in accordance with the following: UNI Parameter Standard Deviation Binder Content 2.0 Percent. Passing 75 pm (No. 6.0 200 "Uniformity is the maximum allowable Standard Deviation of test results of processed RAS. In Subsection 401.22, delete the fifth paragraph and replace with the following: When asphalt binder is a separate pay item, the amount of asphalt binder contained in RAP material and RAS material will not be measured or paid for separately but shall be included in the work. • n l� 65 February 3, 2011 • REVISION OF SECTION 401 TEMPERATURE SEGREGATION Section 401 of the Standard Specifications is hereby revised for this project as follows: In subsection 401.16 delete the twelfth (last) paragraph and replace it with the following: The Engineer may evaluate the HMA for low density due to temperature segregation any time industry best practices, as detailed on Form 1346, are not being followed or the Engineer suspects temperature segregation is occurring. The Engineer will first meet with the Contractor to discuss the paving practices that are triggering the temperature investigation. Areas across the mat, excluding the outside 1 foot of both edges of the mat, that are more than 25 OF cooler than other material across the width may be marked for density testing. Material for temperature comparison will be evaluated in 3-foot intervals behind the paver across the width of the mat. The material shall be marked and tested in accordance with CP 58. If four or more areas within a lot of 500 tons have densities of less than 93 percent of the material's maximum specific gravity for SMA mixes or less than 92 percent of the material's maximum specific gravity for all other HMA mixes, a 5 percent price disincentive will be applied to the 500 ton lot. The 500 ton count begins when the Engineer starts looking for cold areas, not when the first cold area is detected. This price disincentive will be in addition to those described in Sections 105 and 106. Only one area per delivered truck will be counted toward the number of low density areas. Temperature segregation checks will be performed only in areas where continuous paving is possible. • January 6, 2012 REVISION OF SECTION 401 40 TOLERANCES FOR HOT MIX ASPHALT (VOIDS ACCEPTANCE) Section 401 of the Standard Specifications is hereby revised for this project as follows: In subsection 401.02(b) delete Table 401-1, including the footnotes, and replace with the following: Table 401-1 Tolerances for Hot Bituminous Pavement Element Tolerance Asphalt Cement Content + 0.3 % Voids in the Mineral Aggregate (VMA) + 1.2 % Air Voids + 1.2 % 0 673 67 0 n 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: for req 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. rV 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. -4 0 IN WITNESS WHEREOF, the Principal and the Surety, have:hereunto set their hands and seals 13th this day of June 20.14, and such of them as are corporations have caused their corporate seals to be hereto.affixed and these presents:to be signed by their proper officers; the day and year first set forth above. PRINCIPAL SURETY February 3, 2011 . REVISION OF SECTION 601 CONCRETE FINISHING Section 601 of the Standard Specifications are hereby revised for this project as follows: In subsection 601.12 (a) delete the fifth paragraph and replace it with the following: Water shall not be added to the surface of the concrete to assist in finishing operations. Hand finishing should be minimized wherever possible. The hand finishing methods shall be addressed in the Quality Control Plan for concrete finishing. Hand finished concrete shall be struck off and screeded with a portable screed that is at least 2 feet longer than the maximum width of the surface to be struck off. It shall be sufficiently rigid to retain its shape. Concrete shall be thoroughly consolidated by hand vibrators. Hand finishing shall not be allowed after concrete has been in -place for more than 30 minutes or when initial set has begun. Finishing tools made of aluminum shall not be used. The Contractor shall provide a Quality Control Plan (QCP) to ensure that proper hand finishing is accomplished in accordance with current Industry standards. It shall identify the Contractor's method for ensuring that the provisions of the QCP are met. The QCP shall be submitted to the Engineer at the Preconstruction Conference. Concrete placement shall not begin until the Engineer has approved the QCP. The QCP shall identify and address issues affecting the quality finished concrete including but not limited to: (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. In subsection 601.14(a) delete the fourth paragraph. 70 July 28, 2011 REVISION OF SECTION 601 CONCRETE FORM AND FALSEWORK REMOVAL Section 601 of the Standard Specifications is hereby revised for this project as follows In subsection 601.09, delete (h) and replace with the following: (h) Removal of Forms. The forms for any portion of the structure shall not be removed until the concrete is strong enough to withstand damage when the forms are removed. Unless specified in the plans, forms shall remain in place for members that resist dead load bending until concrete has reached a compressive strength of at least 80 percent of the required 28 day strength, 0.80fc. Forms for columns shall remain in place until concrete has reached a compressive strength of at least 1,000 psi. Forms for sides of beams, walls or other members that do not resist dead load bending shall remain in place until concrete has reached a compressive strength of at least 500 psi. Forms and supports for cast -in -place concrete box culverts (CBCs) shall not be removed until the concrete compressive strength exceeds 0.6 f,' for CBCs with spans up to and including 12 feet, and 0.67 f,' for CBCs with spans exceeding 12 feet but not larger than 20 feet. Forms for CBCs with spans larger than 20 feet shall not be removed until after all concrete has been placed in all spans and has attained a compressive strength of at least 0.80fc. Concrete compressive strength shall be determined using information concrete cylinders or by maturity meters. At the pre -pour conference, the Contractor shall submit the method of determining the . structure's strength and the location where information cylinders will be taken or maturity meters placed. If information cylinders are used they shall be cast by the Contractor and cured in the same manner as the structure. A set of information cylinders shall be taken for each concrete placement on the structure. A set of information cylinders shall be taken for any load of concrete that is being placed at the mid -span of beams and at support locations and other locations as directed by the Engineer. Casting of the information cylinders will be witnessed by the Engineer. The information cylinders shall remain in the molds and cured in the same manner as the structure until they are tested in the laboratory by the Engineer. Compressive strength shall be determined using the compressive strength of at least two information cylinders. The contractor shall be responsible for protecting the information cylinders from damage. Prior to placement of concrete whose strength will be determined with maturity meters, the Contractor shall provide the Engineer a report of maturity relationships in accordance with CP 69. The Contractor shall provide maturity meters and all necessary wires and connectors. The Contractor shall be responsible for the placement and maintenance of the maturity meter and wire. . At a minimum a maturity meter will be placed at the mid -span of beams and at support locations. Placement shall be as directed by the Engineer. For structures with multiple sets of information cylinders or maturity meters, the lowest compressive strength shall determine when the forms can be removed. Acceptance cylinders shall not be used for determining compressive strength to remove forms. • 71 When field operations are controlled by information cylinder tests or maturity meter, the removal of forms, supports and housing, and the discontinuance of heating and curing may begin when the 91 concrete is found to have the required compressive strength. Forms for median barrier, railing or curbs, may be removed at the convenience of the Contractor after the concrete has hardened. All forms shall be removed except permanent steel bridge deck forms and forms used to support hollow abutments or hollow piers when no permanent access is available into the cells. When permanent access is provided into box girders, all interior forms and loose material shall be removed, and the inside of box girders shall be cleaned. In subsection 601.11, delete (e) and replace with the following: (a) Falsework Removal. Unless specified in the plans or specifications, falsework shall remain in place until concrete has attained a minimum compressive strength of 0.80fc. Falsework supporting any span of a simple span bridge shall not be released until after all concrete, excluding concrete above the bridge deck, has attained a compressive strength of at least 0.80fc. Falsework supporting any span of a continuous or rigid frame bridge shall not be released until after all concrete, excluding concrete above the bridge deck, has been placed in all spans and has attained the compressive strength of at least 0.80fc. Falsework for arch bridges shall be removed uniformly and gradually, beginning at the crown, to permit the arch to take its load slowly and evenly. . Falsework supporting overhangs and deck slabs between girders shall not be released until the deck concrete has attained a compressive strength of at least 0.80fc. Falsework for pier caps which will support steel or precast concrete girders shall not be released until the concrete has attained a compressive strength of at least 0.80fc. Girders shall not be erected onto such pier caps until the concrete in the cap has attained the compressive strength of at least 0.80fc. Falsework for cast -in -place prestressed portions of structures shall not be released until after the pre- stressing steel has been tensioned. Concrete compressive strength shall be determined using information concrete cylinders or by maturity meters. At the pre -pour conference, the Contractor shall submit the method of determining the structure's strength and the location that information cylinders will be taken or maturity meters placed. If information cylinders are used they shall be cast by the Contractor and cured in the same manner as the structure. A set of information cylinders shall be taken for each concrete placement on the structure. A set of information cylinders shall be taken for any load of concrete that is being placed at the mid -span of beams and at support locations and other locations as directed by the Engineer. Casting of the information cylinders will be witnessed by the Engineer. The information cylinders shall remain in the molds and cured in the same manner as the structure until they are tested in the laboratory by the Engineer. Compressive strength shall be determined using the compressive strength of at least two information cylinders. The Contractor shall be responsible for protecting the information cylinders from damage. Prior to placement of concrete whose strength will be determined with maturity meters, the Contractor shall provide the Engineer a report of maturity relationships in accordance with CP 69. The Contractor shall provide maturity meters and all necessary wires and connectors. The Contractor shall be 72 responsible for the placement and maintenance of the maturity meters and wires. At a minimum a maturity meter will be placed at the mid -span of beams and at support locations. Placement shall be as 10 directed by the Engineer. For structures with multiple sets of information cylinders or maturity meters, the lowest compressive strength shall determine when the falsework can be removed. Acceptance cylinders shall not be used for determining compressive strength to remove falsework. 40 73 July 29, 2011 REVISION OF SECTION 601 CONCRETE SLUMP ACCEPTANCE Section 601 of the Standard Specifications is hereby revised for this project as follows: Delete the fifth paragraph of Subsection 601.05 and replace with the following: Except for Class BZ concrete, the slump of the delivered concrete shall be the slump of the approved concrete mix design plus or minus 2.0 inch. The laboratory trial mix must produce an average compressive strength at least 115 percent of the required field compressive strength specified in Table 601-1. When entrained air is specified in the Contract for Class BZ concrete, an air entraining admixture may be added to an approved Class BZ mix design. A new trial mix will not be required. Delete Subsection 601.17 (b), 601.17 (d) and Table 601-3 and replace with the following: (b) Slump. Slump acceptance, but not rejection, may be visually determined by the Engineer. Any batch that exceeds the slump of the approved concrete mix design by 2.0 inches will be retested. If the slump is exceeded a second time, that load is rejected. If the slump is greater than 2 inches lower than the approved concrete mix design, the load can be adjusted with a water reducer, or by adding water (if the w/cm allows) and retested. Portions of loads incorporated into structures prior to determining test results which indicate rejection as the correct course of action shall be subject to reduced payment or removal as determined by the Engineer. • (d) Pay Factors. The pay factor for concrete which is allowed to remain in place at a reduced price shall be according to Table 601-3 and shall be applied to the unit price bid for Item 601, Structural Concrete. I1 LJ If deviations occur in air content and strength within the same batch, the pay factor for the batch shall be the product of the individual pay factors. Table 601-3 PAY FACTORS Percent Total Air Strength Deviation Below Below s From Pay Specified Pay Specified Specified Factor Strength Factor Strength Air (Percen (psi) (Percen (psi) (Percent) t) [ < 4500 psi t) [ >_ 4600 psi Concrete Concrete 0�0`r0.2 98 1$1'00 98 1-100 0.3-0.4 96 101-200 96 101-200 0.5-0.6 92 201-300 92 201-300 0.7-0.8 84 301-400 84 75 301-400 401-500 0.9-1.0 75 401-50© Over 1.0 Re ect Over 500 Reject 65 501-600 54 %"EM. 0 42 701-800 290 801-900 15 901-1000 Re'ect Over 1TL5 74 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. 40 75 May 8, 2014 REVISION OF SECTION 630 RETROREFLECTIVE SIGN SHEETING Section 630 of the Standard Specifications is hereby revised for this project as follows: In subsection 630.02, delete the sixth and seventh paragraphs, including Table 630-1, and replace them with the following: Retroreflective sheeting for all signs requiring an orange background shall be Type VI or Type Fluorescent. Retroreflective sheeting for all signs requiring a yellow background shall be Type Fluorescent. Table 630-1 RETROREFLECTIVE SHEETING TYPES Type l Sheeting I Type IV I (Roll -up s gn material) I Type Fluorescent' _] Application Work Zone I Work Zone I Work Zone Orange Construction Signs that are used only during daytime hours for short term 0 11Larricades (TtemporRrry),��Xt Vertical Panels X X" I X Drums' I X I I X I Non -orange Fixed Support X signs ,vith prefix "W' DETOUR sign (M4-9) or X X All other signs used only during working hours X X All other signs that are used only during daytime hours for X X° X short term or mobile operations 1 Fluorescent Sheeting shall be of a brand that is on the CDOT 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. M 4 IRS 24 only. 5 White only. 76 January 31, 2013 REVISION OF SECTION 630 SIGNS AND BARRICADES Section 630 of the Standard Specifications is hereby revised for this project as follows: In subsection 630.02, delete the second paragraph, and replace with the following: Temporary sign support assembly shall be timber, perforated square metal tubing inserted into a larger base post or slip base or perforated metal U-channel with a slip base. The temporary sign support assembly shall conform to NCHRP and AASHTO requirements regarding temporary sign supports during construction. Subsection 630.02 shall include the following: If a timber post is selected, it shall conform to the requirements of subsection 614.02. 0 0 77 October 31, 2013 REVISION OF SECTION 703 AGGREGATE FOR BASES Section 703 of the Standard Specifications is hereby revised for this project as follows: In subsection 703.03, first paragraph, delete the first sentence and replace with the following: Aggregates for bases other than Aggregate Base Coarse (RAP) shall be crushed stone, crushed slag, crushed gravel, natural gravel, crushed reclaimed concrete or crushed reclaimed asphalt pavement (RAP). All materials except Aggregate Base Course (RAP) shall conform to the quality requirements of AASHTO M 147 except that the requirements for the ratio of minus 75 pm (No. 200) sieve fraction to the minus 425 pm (No. 40) sieve fraction, stated in 3.2.2 of AASHTO M 147, shall not apply. The requirements for the Los Angeles wear test (AASHTO T 96 & ASTM C535) shall not apply to Class 1, 2, and 3. Aggregates for bases shall meet the grading requirements of Table 703-3 for the class specified for the project, unless otherwise specified. 78 November 1, 2102 REVISION OF SECTION 703 AGGREGATE FOR HOT MIX ASPHALT Section 703 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 703.04 and replace with the following: 703.04 Aggregates for Hot Mix Asphalt. Aggregates for hot mix asphalt (HMA) shall be of uniform quality, composed of clean, hard, durable particles of crushed stone, crushed gravel, natural gravel, or crushed slag. Excess of fine material shall be wasted before crushing. A percentage of the aggregate retained on the 4.75 mm (No. 4) sieve for Gradings S, SX and SG— and on the 2.36 mm (No. 8) sieve for Gradings SF and ST—shall have at least two mechanically induced fractured faces when tested in accordance with Colorado Procedure 45. This percentage will be specified in Table 403-1, as revised for the project in Section 403. The angularity of the fine aggregate shall be a minimum of 45.0 percent when determined according to AASHTO T 304. Grading SF mixes, when determined by RME, may not require fine aggregate angularity of 45.0 percent. Aggregate samples representing each aggregate stockpile shall be non -plastic if the percent of aggregate passing the 2.36 mm (No. 8) sieve is greater than or equal to 10 percent by weight of the individual aggregate sample. Plasticity will be determined in accordance with AASHTO T 90. The material shall not contain clay balls, vegetable matter, or other deleterious substances. The aggregate for Gradings ST, S, SX and SG shall have a percentage of wear of 45 or less when tested in accordance with AASHTO T 96. Table 703-4 MASTER RANGE TABLE FOR HOT MIX ASPHALT Percent by Weight Passing Square Mesh Sieves Sieve Size Grading SF** Grading ST Grading SX Grading S Grading SG 37.5 mm 100 (1,1") 25.0 mm (1 ") 100 90-100 19.0 mm 100 90-100 . (3/.") 12.5 m 100 90-100 ) 9.5`mm (3/0') 100 90-100 4.75 mm (#4) 90-100 * ' 2.36 mm (#8) 28 — 58 28 — 58 23 — 49 19 — 45 1.18mm 30-54 (#16) 600 µm (#30) 300 µm (#50) 150 µm (#100) 75µm(#200) 2-12 2-10 2-10 2-8 1-7 These additional Form 43 Specification Screens will initially be established using values from the As Used Gradation shown on the Design Mix. "SF applications are limited and the CDOT Pavement Design Manual should be referenced, prior to use. Aggregates for stone matrix asphalt (SMA) shall be of uniform quality, composed of clean, hard, durable particles of crushed stone, crushed gravel, or crushed slag. A minimum of 90 percent of the 79 40 1J IS INVALID AINIkk POWER OF ATTORNEY TRAVELERS J Farmington Casually Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney -In Fact No. 226237 St. Paul Mercury Insurance Company Travelers Casually and Surely Company Travelers Casualty and Surely Company of America United Stales Fidelity and Guaranty Company Certificate No. 005703377 KNOW ALL MEN BY THESE PRESENTS; That Farmington Casually Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Town, and that Fidelity :nrd Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Darlene Krings, William C. Bensler, Kelly T. Urwiller, Diane F. Clementson, Anthony P. Stimac, Royal R. Lovell, Russell D. Lear, Katherine E. Dill, K'Anne E. Vogel, Jennifer Winter, Steve J. Blohm, and Wesley J. Butorac of the City of Greeley , State of Colorado , their Ime and lawful Attomey(s)-in-Fact, each in their separate capacity if mom than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any ee`tions orproceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument lobe signed and their coipomte seals to be hereto affixed, this day of November 2013 Farmington Casually Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 8th St. Paul Mercury Insurance Company Travelers Casually and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 00;11 DI aIE19 75arml,�'saALs° "O�C ah •Y,� • ,fit xxt State of Connecticut City of Hartford ss. By: Robert L. Raney, . enior V,. President On this the 8th day of November 2013 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casually and Surety Company of America, and United States Fidelity and Guaranty Company, and (hat he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p•TET yY� rr(��1 In Witness Whereof, I hereunto set my hand and official seal. vui OJlt�r `� •—R My Commission expires (he 30m day of June, 2016. J�iJ8�10 tk Marie C. Trueault, Notary Public �s 58440-8-12 Printed in U.S.A. particles retained on the 4.75 mm (No. 4) sieve shall have at least two mechanically induced fractured faces when tested in accordance with Colorado Procedure 45. The particles passing the 4.75 mm (No. 4) sieve shall be the product of crushing rock larger than 12.5 mm (1/ inch) and shall be non -plastic when tested in accordance with AASHTO T 90. Additionally, each source of aggregate for SMA shall meet the following requirements: (1) No more than 30 percent when tested in accordance with AASHTO T 96 Resistance to Degradation of Small -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. (2) No more than 12 percent when tested in accordance with AASHTO T 104 Soundness of Aggregate by Use of Sodium Sulfate. 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 7034A AGGREGATE DEGRADATION BY ABRASION IN THE MICRO-DEVAL CP-L 4211 Not to exceed C•_om15ined Aoareoate (Mix Desiom) 18 Combined Aggregate (1/10,000 tons, or fraction thereof 20 during roduction 10 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. �1 FE November 1, 2012 • REVISION OF SECTION 712 GEOTEXTILES i� • Section 712 of the Standard Specifications is hereby revised for this project as follows: In subsection 712.08, delete the third and fourth paragraphs and replace with the following: Physical requirements for all geotextiles shall conform to the requirements of AASHTO M-288. Materials shall be selected from the New York Department of Transportation's Approved Products List of Geosynthetic materials that meet the National Transportation Product Evaluation Program (NTPEP) and AASHTO M-288 testing requirements. The current list of products that meet these requirements is located at: www.dot.nv.gov The Geotextile Approved Products List may be accessed by clicking on the following tabs once on the NYDOT site to: (1) A To Z Site Index (2) Approved List (3) Approved Products (4) Materials and Equipment (5) Geosynthetics for Highway Construction (6) Geotextiles In subsection 712.08, delete Table 712-2 and replace with the following M. Table 712-2 • TYPICAL VALUES OF PERMEABILITY COEFFICIENTS' Particle Effectiv Size Range e Permeability Turbulent Flow Millimeters inches Size Coefficient k D 20 cm/s D max D min mm inches Derrick STONE 3000 (120) 900 (36) �W20 100 One-man STONE 300 (12) 100 (4) 150 (6) 30 Clean, fine to , g0 (3) 10 ('/.') 13 ('/) 10 coarse GRAVEL Fine, uniform 8 (%) 1.5 (1/16) 3 (%) 5 GRAVEL Very coarse, clean, (?�a uniform SAND Laminar Flow Uniform, coarse 2 (%) 0.5 ('/64) 0.6 0.4 SAND Uniform, medium SAND 0.5 0.25 0.3 0.1 Clean, well -graded 10 0.05 0.1 0.01 SAND & GRAVEL 40 x 104 Uniform, fine SAND 0.25 0.05 0.06 Well -graded, silty 5 0.01 0.02 4 x 104 SAND & GRAVEL Silty SAND 2 0.005 0.01 1 MR 10-0 Uniform SILT 0.05 0.005 0.006 0.5 x 10' 0.05 x 10'4 Sandy CLAY 1.0 0.001 0.002 Silty CLAY 0.05 0.001 0.0015 0.01 x 10-4 CLAY (30% t0 50% 0.05 0.0005 0.0008 � clay sizes) Colloidal CLAY (-2 0.01 10 40 10-9 m 50%) Basic Soils Engineering, R!K. Hough, 2n'dI Edition, RonaIa IPess Co.; 1969, Page 76. Note: Since th31 permeability coefficient of the soil will be unknown in most non -critical, non -severe applications for erosion control and drainage, the soil -permeability coefficients listed in Table 712-2 may be used as a guide for comparing the permeability coefficient of the fabric with that of the in,place soil 83 • 0 February 3, 2011 • REVISION OF SECTION 712 WATER FOR MIXING OR CURING CONCRETE 0 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. [D CTLITHOMPSON I N C O Q P O Q Y T 6 0 SUBGRADE INVESTIGATION AND PAVEMENT RECOMMENDATIONS TIMBERLINE AND KECHTER RIGHT TURN LANE FORT COLLINS, COLORADO Prepared For: CITY OF FORT COLLINS Engineering Department 281 North College Avenue P.O. Box 580 Fort Collins, Colorado 80522-0580 Attention: Mr. Timothy Kemp Project No. FC06119-135 March 28, 2013 351 Linden Street I Suite 140 1 Fort Collins, Colorado 80524 Telephone:970-206-9455 Fax:970-206.9441 0 0 n f� TABLE OF CONTENTS SCOPE 1 1 SITE LOCATION AND PROJECT DESCRIPTION 1 FIELD AND LABORATORY INVESTIGATION 2 SUBSURFACE CONDITIONS 2 Existing Pavement Materials 3 Fill 3 Clay 3 Groundwater 3 PAVEMENT DESIGN 4 Traffic 4 Pavement Thickness Calculations 4 Pavement Recommendations 4 SUBGRADE AND PAVEMENT MATERIALS AND CONSTRUCTION 5 WATER-SOLUBLE SULFATES 6 • MAINTENANCE 6 SURFACE DRAINAGE 7 LIMITATIONS 7 FIGURE 1 — LOCATIONS OF EXPLORATORY BORINGS FIGURE 2 — SUMMARY LOGS OF EXPLORATORY BORINGS APPENDIX A — RESULTS OF LABORATORY TESTING Table A-1— Summary of Laboratory Testing APPENDIX B — PAVEMENT DESIGN CALCULATIONS APPENDIX C — PAVEMENT CONSTRUCTION RECOMMENDATIONS APPENDIX D — MAINTENANCE PROGRAM SCOPE This report presents the results of our subgrade investigation and pavement recommendations for the planned roadway improvements to Timberline Road and Kechter Road in Fort Collins, Colorado. The purpose of our subgrade investigation was to determine the subsurface conditions and to evaluate pavement support characteristics for our pavement recommendations. The report was conducted in general conformance with the Chapters 5 and 10 of the Larimer County Urban Areas Street Standards (LCUASS) dated January 2, 2001 (repealed and reenacted April 1, 2007) as adopted by the City of Fort Collins (City). This report was prepared from data developed during field exploration, laboratory testing, engineering analysis, and experience with similar conditions. The report includes a description of the subsurface conditions found in exploratory borings, laboratory test results, and pavement construction and material recommendations for the construction of a new turn lane. If plans change significantly, we should be contacted to • review our investigation and determine if our recommendations still apply. A brief summary of our conclusions is presented below, with more detailed criteria and recommendations contained in the report. SITE LOCATION AND PROJECT DESCRIPTION The roadways are located in southeast Fort Collins, Colorado (Figure 1). Developed residential areas are located west of Timberline Road. East of Timberline Road, land usage is mostly rural -residential adjacent to the roads. The project includes a new right turn lane from northbound Timberline Road onto eastbound Kechter Road. The east shoulder of Timberline Road drops down approximately 4 to 5 feet, south of Kechter Road. Overall, the site is generally flat to gently sloping. Curbs and gutters are present west of Timberline Road. 0 CRY OF FORT COLLINS - ENGINEERING DEPARTMENT TIMBERLINE AND KECHTER RIGHT TURN LANE 1 CTL I T PROJECT NO. FC06119-135 n IA 0 FIELD AND LABORATORY INVESTIGATION Our field investigation consisted of drilling two borings to a depth of approximately 10 feet, measuring existing aggregate base course thicknesses, logging the subsurface conditions, recording penetration -resistance tests, and acquiring samples of the subgrade materials. The approximate locations of our borings are presented on Figure 1. The borings were drilled with 4-inch diameter solid -stem augers and a truck -mounted drill. Our field representative directed the field investigation as the borings were advanced. Bulk samples were obtained from the upper 4 feet of the borings and modified California samples were obtained from selected intervals within the borings. The number of blows from a 140-pound hammer falling 30 inches, required to drive the modified California sampler, were recorded. We backfilled the borings and cold patch immediately after drilling. Summary logs of the borings, including results of field penetration resistance tests, are presented on Figure 2. After the samples were returned to our laboratory, our geotechnical engineer for this project examined the samples and assigned laboratory testing. Laboratory testing was performed in general accordance with AASHTO and ASTM methods to determine index properties, classification, and subgrade support values for those soil types influencing the pavement design. To evaluate potential heave, swell -consolidation testing is typically performed on samples of the subgrade soil. However, due to the granular nature of the samples, estimation of little to no swell, and expectation of importing fill to achieve the desired subgrade elevations, we did not perform swell tests of the subgrade soils. Other laboratory tests and analyses included moisture content, dry density, Atterberg limits, gradation analysis, Hveem Stabilometer (R-value), and water-soluble sulfate tests. Results of our laboratory tests are presented in Appendix A and summarized in Table A-l. SUBSURFACE CONDITIONS Existing pavement materials consisted of asphaltic concrete (AC) and aggregate base course (ABC) overlying fill and subgrade soils. Groundwater was not encountered CRY OF FORT COLLINS -ENGINEERING DEPARTMENT TIMBERLINE AND KECHTER RIGHT TURN LANE 2CTL I T PROJECT NO. FC06119-136 IF in the borings. Further descriptions of these materials are presented in the following sections. Summary logs of the borings are presented on Figure 2. Existing Pavement Materials Thicknesses of existing pavement materials were consistent at our boring locations. Approximately 8 inches of AC over 6 inches of PCC was measured in both borings. Fill Fill materials consisting of clayey sand with gravel and sandy gravel with clay were encountered in the borings from beneath the pavement to a depth of approximately 6 feet. Three samples of fill tested in the laboratory contained between 23 and 39 percent clay and silt -sized particles (passing the No. 200 sieve). Two of the samples had liquid limits of 23 and 39 and plasticity indices of 8 and 19. The fill classified as A-2- 4 and A-6 in accordance with the AASHTO classification method with a group indices of 0 and 3. The fill is considered to good subgrade support. Although we have no • knowledge as to the state the fill was compacted, we believe it is likely the fill was placed in a controlled manner during construction of Timberline Road. Clay Sandy clay was encountered from beneath the fill to the depths explored. These soils will not be greatly influenced by the pavement structure due to the depth and anticipation of placement of a significant amount of fill over these soils. Therefore, we conducted no laboratory testing of the clays. Field observations indicate the clay was soft to medium stiff. GroundWater No groundwater was encountered in the borings. Groundwater levels will vary seasonally. Groundwater levels are are not expected to affect roadway construction. CITY OF FORT COLLINS -ENGINEERING DEPARTMENT TIMBERLINE AND KECHTER RIGHT TURN LANE ,g CTL I T PROJECT NO. FC06119-135 This Power of Attorney is granted under and by the authority of the fallowing resolutions adopted by the Boards of Directors of Farmington Casually Company, F lclity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Altomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke (he power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Altomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Altomey or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surely Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attomey executed by said Coinpanws' which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 13th day of June Y0 14, - 4 F Kevin E. Hughes, Assistant Sec tary COD, n �G u etcl,v-R 3G Pi lxsugR 0 rYL60rDq =''iO0.rORR)fl �sSEaM�� es\SBALj° P, ca+a+.`� a"Mr ArNat+P To verify the authenticity of (Iris Power of Attorney, call 1-800421-3880 or contact us at www.(ravelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. 11 T PAVEMENT DESIGN Traffic Traffic projections are a key component to the design of the thickness of a pavement section. The traffic projections are based on vehicle loading, traffic volume, design period, and growth factor. Traffic projections are expressed as an 18-kip Equivalent Daily Load Application (EDLA) for a single day and as an 18-kip Equivalent Single Axle Load (ESAL) for the design period, which is typically 20 years. We utilized the CDOT-PDM to calculate a flexible 18-kip Equivalent Single -Axle Load (ESAL) based on data provided by the City. We calculated an ESAL of 1,984,803 over a 20-year design life for this stretch of Timberline Road. Pavement Thickness Calculations The design methods require various input values that are provided by the City, • LCUASS, CDOT-PDM, and from our field and laboratory tests and observations. We used DARWinTM software to develop our pavement thickness calculations for flexible pavements with input values provided by the City, LCUASS, and our laboratory tests and observations. Input values including initial and terminal serviceability indices, reliability factor, layer strength coefficients, and minimum sections were provided by LCUASS for Timberline Road, which is classified as a four -lane arterial. Other input values not specified by LCUASS were estimated based on our experience with similar projects. Hveem testing of a composite sample of the subgrade soil in the laboratory resulted in an R-value of 47, which we converted to a resilient modulus of 11,749 psi based on CDOT criteria. A computer -generated printout of the DARWinTM calculations is presented in Appendix B. Pavement Recommendations For improvements, we understand the City typically desires to use a pavement section consisting of flexible, hot mix asphalt (HMA) on aggregate base course (ABC) that matches existing pavement. It appears that 4 to 6 feet of fill will be required to achieve the desired subgrade elevation. The quality of the fill should be similar or better than the existing fill tested and used underneath this stretch of Timberline Road. We CITY OF FORT COLLINS -ENGINEERING DEPARTMENT TIMBERLINE AND KECHTER RIGHT TURN LANE 4 CTL I T PROJECT NO. FC06119-135 IF believe no flyash will be necessary for swell reduction of soil if similar soil is used as fill underneath the improvements. We understand the roadway will be a four lane arterial. Based on the described design values, we calculated a minimum pavement section of 6 inches of HMA over 6 inches of ABC as presented in Appendix B. LCUASS requires a minimum section of 8 inches of HMA over 6 inches of ABC. We have provided our pavement design alternative for the new turn lane in Table A, which is based on minimum section required by LCUASS. TABLE A MINIMUM PAVEMENT THICKNESS RECOMMENDATIONS 3H.o.��t M.,,�it —1 * A phIMNEX alt�(HMA); iRo_�adway ctisf Aggregate' µBase.-or.ars a- Niw\- + Timberline and Kechter Roads 6" ABC Right Turn Lane 'Minimur SUBGRADE AND PAVEMENT MATERIALS AND CONSTRUCTION !ment section. The design of a pavement system is as much a function of the quality of the paving materials and construction as the support characteristics of the subgrade. The construction materials are assumed to possess sufficient quality as reflected by the strength factors used in our design calculations. Materials and construction requirements of LCUASS and CDOT Standard Specifications for Road and Bridge Construction should be followed. Subgrade preparation will only apply to areas planned for new construction, including curbs, gutters, and sidewalks. Criteria for paving materials and construction are also presented in Appendix C. These criteria were developed from analysis of the field and laboratory data, our experience, and LCUASS requirements. If the materials cannot meet these CRY OF FORT COLLINS - ENGINEERING DEPARTMENT TIMBERLINE AND KECHTER RIGHT TURN LANE rj CTL I T PROJECT NO. FC00119-135 0 \J 0 IA • requirements, our pavement recommendations should be reevaluated based upon available materials. , Materials planned for construction should be submitted and the applicable laboratory tests performed to verify compliance with the specifications. WATER-SOLUBLE SULFATES Concrete that is exposed to sulfate -rich soils can be subject to sulfate attack. If concrete pavements or structures will not be in contact with sulfate -rich soils, by means of an aggregate base course layer or other materials, the risk of sulfate attack should be low. In addition, the performance of chemically stabilized soil can also be affected by sulfates in the soil from the formation of ettringite, which can expand and be detrimental to pavement as discussed in SUBGRADE AND PAVEMENT MATERIALS AND CONSTRUCTION of this report. We measured water-soluble sulfate concentrations in two samples from this site. Concentrations were measured between 0.01 and 0.13 percent. Water-soluble sulfate concentrations between 0.1 and 0.2 percent indicate Class 1 exposure to sulfate attack for concrete that is exposed to the soils, according to the American Concrete Institute (ACI). For this level of sulfate concentration, ACI indicates adequate sulfate resistance can be achieved by using Type II cement with a water-to- cementitious material ratio of 0.50 or less. ACI also indicates concrete in Class 1 exposure environments should have a minimum compressive strength of 4,000 pounds per square inch (psi). Concrete should be air entrained. MAINTENANCE Routine maintenance, such as sealing and repair of cracks, is necessary to achieve the long-term life of a pavement system. We recommend a preventive maintenance program be developed and followed for all pavement systems to assure the design life can be realized. Choosing to defer maintenance usually results in accelerated deterioration leading to higher future maintenance costs, and/or repair. A recommended maintenance program is outlined in Appendix D. CRY OF FORT COLLINS -ENGINEERING DEPARTMENT TIMBERLINE AND KECHTER RIGHT TURN LANE 6 CTL I T PROJECT NO. FC06119-135 emu■ Excavation of completed pavement for utility construction or repair can destroy the integrity of the pavement and result in a severe decrease in serviceability. To restore the pavement top original serviceability, careful backfill compaction before repaving is necessary. SURFACE DRAINAGE A primary cause of premature pavement deterioration is infiltration of water into the pavement system. This increase in moisture content usually results in the softening of base course and subgrade soil and eventual failure of the pavement. We recommend that pavements and surrounding ground surface be sloped to cause surface water to run off rapidly and away from pavements. Backs of curbs and gutters should be backfilled with compacted fill and sloped to prevent ponding adjacent to backs of curbs and to paving. The final grading of the subgrade should be carefully controlled so the pavement design cross-section can be maintained. Low spots in the subgrade that can trap water should be eliminated. Seals should be provided within the curb and pavement and in all joints to reduce the possibility of water infiltration. LIMITATIONS This report was prepared from data developed during our field exploration, laboratory testing, engineering analysis, and experience with similar conditions. The borings were spaced to obtain a reasonably accurate understanding of the existing pavement and subsurface conditions. The borings are representative of conditions encountered only at the exact boring locations. Variations in subsurface conditions not indicated by our borings are always possible. The recommendations contained in this report were based upon our understanding of the planned construction. If plans change or differ from the assumptions presented herein, we should be contacted to review our recommendations. A representative of our firm should observe subgrade preparation and pavement construction. Our representative should also conduct tests of construction materials for • CITY OF FORT COLLINS -ENGINEERING DEPARTMENT TIMBERLINE AND KECKTER RIGHT TURN LANE 7 CTL I T PROJECT NO. FC06119-135 0 M compliance with recommendations presented in this report and/or specifications of the controlling agency. Due to the changing nature of site characterization, pavement design methods, standards, and practices, the information and recommendations provided in this report are only valid for one year following the date of issue. Following that time, our office should be contacted to provide, if necessary, any updated recommendations and design criteria as appropriate for the engineering methodologies used at that time. We believe this investigation was conducted in a manner consistent with that level of skill and care ordinarily used by members of the profession currently practicing under similar conditions in the locality of this project. No warranty, express or implied, is made. If we can be of further service in discussing the contents of this report or in the analysis of the influence of subsurface conditions on design of the pavements, please contact the undersigned. CTL I THOMPSON, INC. by: Thomas W. Finley, CPG Senior Geologist TWF:SAS 2 copies sent Via email: tkemo@fcaov.com Project CITY OF FORT COLLINS - ENGINEERING DEPARTMENT TIMBERLINE AND KECHTER RIGHT TURN LANE 8 CTL I T PROJECT NO. FC06119-135 Ll ?= KECH`[ER ROAD _ h x$� t� 'fig" U • S-1 S-2 0 AC = 8" AC = 8" 0 ABC = 6" ABC = 6" 9/12 13112 w 9/12 15/12 w = 5 5 x wo a p Lio 4/12 5/12 10 LEGEND: ASPHALTIC CONCRETE (AC) AGGREGATE BASE COURSE (ABC) • O ® FILL; SAND, CLAYEY WITH GRAVEL, MOIST, LOOSE TO MEDIUM DENSE, DARK BROWN © CLAY, SANDY, MOIST, SOFT TO MEDIUM STIFF, REDDISH BROWN (CL) DRIVE SAMPLE. THE SYMBOL 9/12 INDICATES 9 BLOWS OF A 140-POUND HAMMER _v FALLING 30INCHES WERE REQUIRED TO DRIVE A 2.5-INCH O.D. SAMPLER 12 INCHES. 6 BULK SAMPLE FROM AUGER CUTTINGS. U 'a CI 0 NOTES: u 1. THE BORINGS WERE DRILLED ON MARCH 1, 2013 USING 4-INCH DIAMETER CONTINUOUS -FLIGHT AUGERS AND A TRUCK -MOUNTED DRILL RIG. g LL 2. NO GROUNDWATER WAS ENCOUNTERED IN THE BORINGS. a w d3. THESE LOGS ARE SUBJECT TO THE EXPLANATIONS, LIMITATIONS AND CONCLUSIONS IN THIS REPORT. a w 0 SUMMARY LOGS OF EXPLORATORY BORINGS CITY OF FORT COLLINS - ENGINEERING DEPARTMENT TIMBERLINE AND KECHTER RIGHT TURN LANE FIGURE 2 a CTL I T PROJECT NO. FCDB119.135 a APPENDIX A RESULTS OF LABORATORY TESTING CITY OF FORT COLLINS -ENGINEERING DEPARTMENT TIMBERLINE AND KECHTER RIGHT TURN LANE CTL I T PROJECT NO. FC06119-135 IF 0 • No Text __-----___---------- _ - -------------------- -------------------- C ��CC�C.G�COCC�C��O� ��CO��C�CCCO�CCOC�O� SOmple of FILL, SAND, CLAYEY, SL. GRAVELLY (SC) GRAVEL 27 % SAND 49 % From S - 2 AT 4 FEET SILT & CLAY 24 % LIQUID LIMIT 21 % PLASTICITY INDEX B % CITY OF FORT COLLINS - ENGINEERING DEPARTMENT TIMBERLINE AND KECHTER RIGHT TURN LANE CTL I T PROJECT NO. FC05119-135 Gradation Test Results E • FIGURE A-2 SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1 Name of Bidder: Connell Resources, Inc. 2. Permanent main office address: 7785 Nighland Meadows Pkwy. Suite 100 Fort Collins, Co 80528 3. When organized: 1949 4. If a corporation, where incorporated: 19Fi9 5. How many years have you been engaged in the contracting business under your present firm or trade name? 32 Years 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) Please see attached work in progress. 7. General character of Work performed by your company: E50hwork, unities, aggregate base, asphalt paving, minor structures 8. Have you ever failed to complete any Work awarded to If so, where and why? 9. Have you ever defaulted on a contract? 900 • 800 700 600 500 400 300 U) IL w 200 1n 1n w IL z 0 a 100 e x w w u 0 10 20 30 40 50 60 70 80 90 "R" VALUE Hveem Stabilometer CITY OF FORT COLLINS -ENGINEERING DEPARTMENT Test Results TIMBERLINE AND KECHTER RIGHT TURN LANE CTL I T PROJECT NO. FC06119-135 FIGURE A-3 lk a J m U J J U W W O > ¢ F g C7 0 a ¢ > N N N O>> �N55 WUU ¢QQ C7 N U) J J J J J J LL LL LL w 7 ¢ Q V Z O OUa c LL Q D O N QN U WN w a J J 3N� 0 0 zsw N > Q O N o N O N aZTT Ft UW NC) o m �gZ w a. nor koi min Q J J QNU m pz, 0 Wr Q Z 6U w W N 7 a U LL I7 ONf%]N m IF 0 APPENDIX B PAVEMENT DESIGN CALCULATION • • CITY OF FORT COLLINS-ENGINEERING DEPARTMENT TIMBERLINE AND KECHTER RIGHT TURN LANE CTL I T PROJECT NO. FC06119-135 1993 AASHTO Pavement Design DARWin Pavement Design and Analysis System A Proprietary AASHTOWare Computer Software Product CTL Thompson, Inc. Flexible Structural Design Module 18-kip ESALs Over Initial Performance Period Initial Serviceability Terminal Serviceability Reliability Level Overall Standard Deviation Roadbed Soil Resilient Modulus Stage Construction Calculated Design Structural Number City of Fort Collins - Engineering Department Timberline and Kechler Right Turn Lane CTQr Project No. FC06119-135 Flexible Structural Design 1,984,803 4.5 2.5 90 % 0.44 11,749 psi 1 3.18 in Specified Layer Design Struct Drain Coef. Coef. Thickness Width Calculated Laver Material Description (Ail (Mi) Di in iffl SN in 1 HMA 0.44 1 6 24 2.64 2 ABC 0.11 1.05 6 24 0.69 Total - - 12.00 - 3.33 1] Page I • • APPENDIX C PAVEMENT CONSTRUCTION RECOMMENDATIONS CITY OF FORT COLLINS - ENGINEERING DEPARTMENT TIMBERLINE AND KECHTER RIGHT TURN LANE CTL I T PROJECT NO. FC06119135 IF SUBGRADE PREPARATION Moisture Treated Suborade (MTS) The subgrade should be stripped of organic matter, scarified, moisture treated and compacted to the specifications stated below in Item 2. The compacted subgrade should extend at least 3 feet beyond the edge of the pavement where no edge support, such as curb and gutter, are to be constructed. 2. Sandy and gravelly soils (A-1-a, A-1-b, A-2-4, A-2-5, A-2-6, A-2-7, A-3) should be moisture conditioned near optimum moisture content and compacted to at least 95 percent of standard Proctor maximum dry density (ASTM D 698, AASHTO T 99). Clayey soils (A-6, A-7-5, A-7-6) should be moisture conditioned between optimum and 3 percent above optimum moisture content and compacted to at least 95 percent of standard Proctor maximum dry density (ASTM D 698, AASHTO T 99). 3. Utility trenches and all subsequently placed fill should be properly compacted and tested prior to paving. As a minimum, fill should be compacted to 95 percent of standard Proctor maximum dry density. 4. Final grading of the subgrade should be carefully controlled so the design cross -slope is maintained and low spots in the subgrade that could trap • water are eliminated. 5. Once final subgrade elevation has been compacted and tested to compliance and shaped to the required cross-section, the area should be proof -rolled using a minimum axle load of 18 kips per axle. The proof -roll should be performed while moisture contents of the subgrade are still within the recommended limits. Drying of the subgrade prior to proof -roll or paving should be avoided. 6. Areas that are observed by the engineer that have soft spots in the subgrade, or where deflection is not uniform of soft or wet subgrade shall be ripped, scarified, dried or wetted as necessary, and recompacted to the requirements for the density and moisture. As an alternative, those areas may be sub -excavated and replaced with properly compacted structural backfill. Where extensively soft, yielding subgrade is encountered; we recommend a representative of our office observe the excavation. • CITY OF FORT COLLINS -ENGINEERING DEPARTMENT TIMBERLINE AND KECHTER RIGHT TURN LANE C-1 CTL I T PROJECT NO. FC06119-135 PAVEMENT MATERIALS AND CONSTRUCTION Aggregate Base Course (ABC) 1. A Class 5 or 6 Colorado Department of Transportation (CDOT) specified ABC should be used. 2. Bases should have a minimum Hveem stabilometer value of 72, or greater. The change in R-value from 300-psi to 100-psi exudation pressure should be 12 points or less. 3. ABC bases should be placed in thin lifts not to exceed 6 inches and moisture treated to near optimum moisture content. Bases should be moisture treated to near optimum moisture content, and compacted to at least 95 percent of standard Proctor maximum dry density (ASTM D 698, AASHTO T 99). 4. Placement and compaction of ABC, RAP, or RCP should be observed and tested by a representative of our firm. Placement should not commence until the underlying subgrade is properly prepared and tested. Hot Mix Asphalt (HMA) • 1. HMA should be composed of a mixture of aggregate, filler, hydrated lime, and asphalt cement. Some mixes may require polymer modified asphalt cement or make use of up to 20 percent reclaimed asphalt pavement (RAP). A iob mix design is recommended and periodic checks on the iob n U 2. HMA should be relatively impermeable to moisture and should be designed with crushed aggregates that have a minimum of 80 percent of the aggregate retained on the No. 4 sieve with two mechanically fractured faces. 3. Gradations that approach the maximum density line (within 5 percent between the No. 4 and 50 sieves) should be avoided. A gradation with a nominal maximum size of 1 or 2 inches developed on the fine side of the maximum density line should be used. 4. Total void content, voids in the mineral aggregate (VMA), and voids filled should be considered in the selection of the optimum asphalt cement content. The optimum asphalt content should be selected at a total air void content of approximately 4 percent. The mixture should have a minimum VMA of 14 percent and between 65 percent and 80 percent of voids filled. CITY OF FORT COLLINS -ENGINEERING DEPARTMENT TIMBERLINE AND KECHTER RIGHT TURN LANE CTL I T PROJECT NO. FC06119.135 C-2 5. Asphalt cement should meet the requirements of the Superpave Performance Graded (PG) Binders. The minimum performing asphalt cement should conform to the requirements of the governing agency. 6. Hydrated lime should be added at the rate of 1 percent by dry weight of the aggregate and should be included in the amount passing the No. 200 sieve. Hydrated lime for aggregate pretreatment should conform to the requirements of ASTM C 207, Type N. 7. Paving should be performed on properly prepared, unfrozen surfaces that are free of water, snow, and ice. Paving should only be performed when both air and surface temperatures equal, or exceed, the temperatures specified in Table 401-3 of the 2006 Colorado Department of Transportation Standard Specifications for Road and Bridge Construction. 8. HMA should not be placed at a temperature lower than 2450F for mixes containing PG 64-22 asphalt, and 290OF for mixes containing polymer - modified asphalt. The breakdown compaction should be completed before the HMA temperature drops 20°F. 9. Wearing surface course shall be Grading S or SX for residential roadway classifications and Grading S for collector, arterial, industrial, and commercial roadway classifications. 10. The minimum/maximum lift thicknesses for Grade SX shall be 11/2 • inches/21/2 inches. The minimum/maximum lift thicknesses for Grade S shall be 2 inches/3Y2 inches. The minimum/maximum lift thicknesses for Grade SG shall be 3 inches/5 inches. 11. Joints should be staggered. No joints should be placed within wheel paths. 12. HMA should be compacted to between 92 and 96 percent of Maximum Theoretical Density. The surface shall be sealed with a finish roller prior to the mix cooling to 185°F. 13. Placement and compaction of HMA should be observed and tested by a representative of our firm. Placement should not commence until approval of the proof rolling as discussed in the Subgrade Preparation section of this report. Sub base, base course, or initial pavement course shall be placed within 48 hours of approval of the proof rolling. If the contractor fails to place the sub base, base course or initial pavement course within 48 hours or the condition of the subgrade changes due to weather or other conditions, proof rolling and correction shall be performed again. 0 CITY OF FORT COLLINS - ENGINEERING DEPARTMENT C-3 TIMBERLINE AND KECHTER RIGHT TURN LANE CTL I T PROJECT NO. FC06119-135 0 11 APPENDIX D MAINTENANCE PROGRAM CRY OF FORT COLLINS - ENGINEERING DEPARTMENT TIMBERLINE AND KECHTER RIGHT TURN LANE CTL I T PROJECT NO. FC06119-135 IF 0 MAINTENANCE RECOMMENDATIONS FOR FLEXIBLE PAVEMENTS A primary cause for deterioration of pavements is oxidative aging resulting in brittle pavements. Tire loads from traffic are necessary to "work" or knead the asphalt concrete to keep it flexible and rejuvenated. Preventive maintenance treatments will typically preserve the original or existing pavement by providing a protective seal or rejuvenating the asphalt binder to extend pavement life. Annual Preventive Maintenance a. Visual pavement evaluations should be performed each spring or fall.. . b. Reports documenting the progress of distress should be kept current to provide information on effective times to apply preventive maintenance treatments. c. Crack sealing should be performed annually as new cracks appear. 2. 3 to 5 Year Preventive Maintenance a. The owner should budget for a preventive treatment at approximate intervals of 3 to 5 years to reduce oxidative embrittlement problems. b. Typical preventive maintenance treatments include chip seals, fog seals, slurry seals, and crack sealing. 3. 5 to 10 Year Corrective Maintenance 0 a. Corrective maintenance may be necessary, as dictated by the pavement condition, to correct rutting, cracking, and structurally failed areas. b. Corrective maintenance may include full depth patching, milling, and overlays. c. In order for the pavement to provide a 20-year service life, at least one major corrective overlay should be expected. a CITY OF FORT COLLINS - ENGINEERING DEPARTMENT TIMBERLINE AND KECHTER RIGHT TORN LANE D-1 CTL I T PROJECT NO. FC06119-135 • If so, where and why?. 10. Are you debarred by any government agency? If yes list agency name. 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. Please we attached work in progress. • 12. List your major equipment available for this contract. Please see attached equiptrtent list. 13. Experience in construction Work similar in importance to this project: Please see attached project prailes. 14. Background and experience of the principal members of your organization, including officers: Please see resumes. 11 15. Credit available: 16. Bank Reference: Wells Fargo &ark, NA. - Chris Owns 970-266-7703 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? Upon, request, award, and discussion 18. Are you licensed as a General Contractor? Yes 19. 20. 21 If yes, in what city, county and state? As necessa"y What class, license and numbers? Do you anticipate subcontracting Work under this Contract? Yes If yes, what percent of total contract? 15070 And to whom? Are any lawsuits pending against you or your firm at this time?. IF yes, DETAIL No What are the limits of your public liability? DETAIL Please see attached insurance certificate. What company? 22. What are your company's bonding limitations? $15 trillion per pr*ct, no aggregate limit established. 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. ri U 11 Dated at Fart C011in5, CO this 13 day of Jutte Comp�any::�(}Conlell Resowces, I c. By: Title: Vice fl esident State of Colorado County of Latimer Witham 5 Anderson 2014 Printed: William 5 Anderson being duly sworn deposes and says that he is Vice President of Connell Resources, mc., a Colorado Corporation (Organization) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this 13 My commission expires: g -,?I- ).6 day of June 12014. dMMWAD PUSU NO C STATE OF COLORADO NOTARY ID 2000402WO MY COLUSSION EXPIRES FEB 21. 2018 UPDATED AS OF 3131114 CONNELL RESOURCES, INC. SCHEDULE OF MAJOR 2014 COMPLETED WORK & WORK -IN -PROGRESS OWNER CONTRACT TO CONTRACT PERCENT JOB NAM1fE LOCATION CONTACT COMPLETE TYPE OF WORK AMOUNT JOX P COMPLETE BOISE AVE&37VEVLAND F.XTENTION E CGREG FMLUOBVOENLINAEN ?69,035 UTILITIES, GRADING S378,922 2141001 29% UHOTINEN FRONT RANGE COMMUNITY COLLEGE ON f ADOIRIC 274,876 STORM, GRADING, BASF. $704,810 2141002 61% S FORT COLLINS GIMMICK PAVING RIOUEN RESERVOIR CITY OF FORT COLLINS $ 7,716,252 GRADING $8,037,761 2141003 4°b FORTCOLLINS CLIFF NOMSCHER REUS FRANZEN PITTMAN E 57,718 BASE, PAVING $57,719 1141004 03S FORT OR'I'COLLINSOL TRAMS ROSCHINGER COSTC.O WHOLESALE WAREHOUSE CACHE IAMPAORKGOLDBERGPMENT SOS UDRE 4,291,'_IO UTILITIES, GRADING, BASE $5646,329 2141005 24% TIMNATH REMOVALS, PAVING BRINKMAN CONSTRUCTION E 49,981 BASE, PAVING, REMOVALS 549,981 2141006 0% BLOCKI FORT COLLINS ABETHEISS MARK YOUNG CONSTRUCTION S 127,426 E121,426 2141007 0°b KING g44 DENNIS WOLFE BASE, PAVING LOVELANDELAND CAMEREL WELLINGTNGTON CMC GROUP S 129,631 GRADING, BASE, PAVING SL'8,611 1141011 0% WGLUNGTON JORDAN GORAY CACHE LAPOUDRE SO $ 1,42:973 UTILITIES, REMOVALS, BASE $1,654,503 1141013 14% WEITZEL STREET IMPROVEMENTS TIMNATH MARKGODEVELOPMFM GRADING, PAVING CITY OCOLLINS E 669,833 SEWER, STORM, REMOVALS 8930,3?l 1141014 28% PLUM STREET SEWER & STORM FORT COLLINS DEEANAN SAYE BASE,PAVING THE CAKES ©CENTERRA METRO S 3,169,800 REMOVALS, BASE, GRADING S3,149,SM 1141015 0% THE IAKES@CENTERRA LOVELAND IIMNIEMCZYK PAVING POSTLF. RENEW STRATEGIES $ 134r72 WATERLINE S201,443 2I41016 34% I&(EENE BURG��NE TOM DORITO CO SWEET COLDJOINSIOWNM REPAIRS DENNIS TREGO S " WAERL{NE, BASE, PAVING S23,920 2141017 IOD°/. HACH RACOVEAND KFLOW INSTALLATION HACH USA S 127,976 WATERLINE, REMOVALS, $I?7,876 ?141016 0% JOHN SCAFFIDI GRADING GARN CONSTRUCTION S 173,390 5173390 2141019 O: GARNENPIPE JEFFMOORE WATERLINE FORTCOLNS OVERLAND RIDGE. HOA DAVE BAUMGARTNER E 48,153 PAVING 548,153 2141020 0% FORTCOLLNS RV A RV AMERICA S 243,428 PAVING, REMOVALS E356,240 114102I SY. LOVELANVELANO IOF{NNY WONG RC INVESTMENTS S 840,006 WATERLINE, GRADING $840,006` 11410'_d 0°G SERENITY RIDGE BERTHOUD BEN CONNELL PAVING COLLEGE AVENUE REHAB CITY OF FORT FTAICOLLNS 3 ?.198,444 UTLITIFS, GRADING, BASF, i'_,198444 2141026 0% ENUEWATERLME FORT PAVING CITY OF GREELEYGREELEY CITING 2014 CITY OF GREELEY S 753)0 GRADING, BASE, PAVING $753,706 2141029 OY. RANDY WALRATH FCLWD EMERGENCY REPAIRS FC-LOVEIAND DISTRICT S WATERLINE EI IB,I}p 1141501 HIM,JAY EAST RESURRECTION PATCHING RESROBERTISCHUMAKERFELLOWSHIP E 71,113 PAVING E75,118 2141506 4% OVEIANDHIP LARMERCOUNTY FLOOD REPAIRS $176,609 1161701 100°/. WEST CREEK ROAD LARMER COUNTY TODDRJERGMS STORM, REMOVALS, BASE GRADING, PAVING IARMIER COUNTY S FLOOD REPAIRS $8?,168 ?141]OS IW% 1656 BRIDGE JAMMER COUNTY TODDJUERGENS STORM, REMOVALS, BASE GRADNG, PAVING IARNIERCOIIN S 570,390 '_I4O04 IW9i IDLEWILD BRIDGE TODD IOERGENS FLOOD REPAIRS JAMMER COUNTY STORM, REMOVALS, BASE TYPE OF WORE CONTRACT AMOUNT JOB PERCENT COMPLETE LOB NAME OWNER CONTRA CT TO LOCATION CONTACT COMPLETE GRADING. PAVING • FLOOD REPAIRS - GRADING 555,095 2141706 100% STORM, REMOVALS, BASE LCRIS RAP LARIMER $ COUNTUP lARU4ER COUNTY TODD IUERGENS RGENS _ FLOOD REPAIRS - GRADING $65,635 2141707 100% S'I ORM, REMOVALS, BASE FOX CREEK ROAD LARIMER $ LARIMER COUNTY JU RGENS 'FODU IUERGENS FLOOD REPAIRS - GRADING 570,161 2141708 Iw% STORM, REMOVALS, BASE D ROAD IDLEWR,COUNTY LAWMF,R COUNTY $ LARIMER COUNT TODDIUERGENS - FLOOD REPAIRS -GRADLNG $93,027 2141710 100% STORM, REMOVALS, BASE ILARIME 34 fTODDJUC0UNTY LARIMER COUNTY COUNTY TODDIUERGENS S - FLOOD REPAIRS -GRADLNG $205,683 1417II 100% - STORM,REMOVAIS,BASE ISOOIIWY J4 BRIDGE LARIMER COUNTY LAIUMERCOUNTY TODDfUERGFNS $ - FLOOD REPAIRS STORM, REMOVALS, GRADING 5442,184 2131730 100% FISH CREEK ROAD 1AftIMER COUNTY LARIMER COLITI' TODD IUERGENS g FLOOD REPAIRS $108,285 2131732 100% STORM, REMOVALS, GRADNG THEER LARIMER LARIMER COUNTY COUNTY TUDD NERGGNS RGNS $ _ FLOOD REPAIRS STORM, REMOVALS, GRADING $56,960 21317Q 100% COFC NORTH COLLEGE FLOOD DAMAGE CffY OFI`ORI COLLINS FORT COLLINS RANDY MAITLAND g _ BASE, PAVING $116_40 2144002 0% STEAMBOAT LAKE PAVING REHAB CLARR CO DIVISION OF PARKS & WILDLIFE S 116$40 STEVE RYAN $ 22,596117 • LI SECTION 00020 INVITATION TO BID 1 LJ CONNELL RESOURCES. INC. UPDATEDAS OF Y31114 SCHEDULE OF MAJOR 2013 COMPLETED WORK & WORK -IN -PROGRESS CONTRACT PERCENT ✓ORNAME OWNER CONTRACTTO TYPE OF WORK AMOUNT TORN COMPLETE LOCATION CONTACT COMPLETE REMOVALS, GRADING $135,518 2131002 IN% HALLIBURTON 2013 DIRECT SERVICE WORK HALLIBURTON S FORT LUPTON LARRY BECKET STORM, REMOVALS, GRADING $42,390 2131003 IN% COLORADO SWEET GOLD RECEIVING POND COLORADO SWEET GOLD $ - JOTINSTOWN DENNIS TREGO GRADING $52.698 21310N N% RIVERBLUFF PAD SITE BAYSWATER EXPLORATION & PROD S - WINDSOR MARK BROWN WATERLINE, REMOVALS, $76.481 2131005 100% MERCE,DES-BENZ OF LOVELAND W.E. ONEIL S GRADING, PAVING LOVELAND DAVID AMEDICK U I ILITIES, GRADING, PAVING 53,131,749 2131006 100% RIGDEN FARMS FILING 6-P112 RIGDEN FARMS, LLC $ FORT COLLINS DAVEPIHIENPOL GRADING, PAVING, STORM $502,570 2131007 100% SH 402 LEFT TURN LANE ADDITION CDOT S - LOVELAND LAMES FLOOR UTILITIES, REMOVALS, $1,514,371 2131W8 IN% WINDSOR CRUDE OIL TERMINAL THE CREELCOMPANY S - GRADWG,PAVING WINDSOR BRUCECREEL WATERLWF, PAVING $379,811 2131009 100% COFC 2013 WAT ERUNEREHAB CITY OF FORT COLLINS S FORT COLLINS BRIAN CAMPBELL STORM, GRADING 5441 624 2131010 100% PLEASANT VALLEY POND PH 1 HYDRO CONSTRUCTION $ - BELLVUE JIM EURICH PAVING 5177,183 1131011 70% CHEYENNE I'OWNEPLACE SUITES KEY CONSTRUCTION S 53,155 CHEYENNE, WY JAMES DOLL UTILITIES, GRADING, PAVING $302,369 2131012 100% GOODWILL INDUSTRIES BLDG TDG $ - GREELEY DARRELL GROTH UTILITIES, REMOVALS, $735.816 2131013 95% CROFTON PARK SHAW CONSTRUCTION $ 36,791 GRADING BROOMFIELD DON WASSENAAR WATERLINE $3,218.508 2131014 I00% LOST CREEK WATER PIPELINE RENEW STRATEGIES E - KEENESBURG TOM DIRITO STORM, REMOVALS, 561,074 2131015 100% CARESTREAM TRACK EXPANSION GREAT WESTERN RAILWAY S - GRADING WINDSOR KEN KOFF MORM,REMOVALS $424,287 2131016 100% FSA-YANCEYS BRNKMAN CONSTRUCTION $ GRADING, PAVING LOVELAND TIM JOHNSON PAVING 5133,149 2131017 100% RESURKEC'I ION CHURCH ADDITION SAMPSON CONSTRUCTION $ - LOVELAND DON MOHR GRADING, PAVING 583,064 2131018 IN% ARETE SURGERY CENT ER BRINKMAN CONSTRUCTION S - JOHNSTOWN JEREMY SUBIA GRADING $52,667 2131019 IN% SPRING CREEK PARK SPRING CREEK RESIDENTIAL, LLC S - FORT COLLINS SIEPHEN MAGUIRE GRADING $819,891 2131020 95% KRYGER PIT RECLAMATION CHRISSERBOUSEK S 40,995 WINDSOR REMOVALS,GRADING 5468,887 2131021 IN% L.C.A.C. 2010 MISC IMPROVEMENTS LARIMER COONN TY $ - PAVNG LARIMER COUNTY TODDIUERGENS - GRADING, PAVING $757,650 2131022 100% LARIMER COUNTY RD 5 & 36 LARIMER COUNTY $ - FORT COLLINS DARRELL MORRELL UI'ILITES, GRADING, PAVING $1,561,556 2131023 29% ITS ARMY RESERVE CENTER GREF.NLEAFCONSTRUCTION $ 1,124,320 REMOVALS WNDSOR GREG WEINBERG PAVING $308,418 2131024 1009$ COTTONWOOD PARK NORTHERN CO LAND DEVELOPMENT S WELLINGTON TRAVIS RE.DMAN PAVNG $135.612 2131025 IN% RESURRECTION CHURCH OVERLAY RESURRECTION FELLOWSHIP E - LOVELAND ROBERT SCHUMAKER SEWER, GRADING $51,967 2131026 IN% FCI HALLIBURTON GUARD SHACK FCI CONSIRUCTORS E - FORTLUPTON CHADRACINE UTILITIES, GRADING, PAVING $3,067,048 213I027 94% ORCHARD TOWN CENTER SHAWBUILDERS S 184,023 CONTRACT PERCENT JOBNAME OWNER CONTRACT TO TYPE OF IPORK AMOUNT NOR0 COMPLETE LOCATION CONTACT COMPLETE • WESTMINSTER PAT HIGGINS WATERLINE $166.754 2131028 100% WEST VINE 27"SLIP LINING CITYOFFORTCOLLINS S - FORT COLLINS JAY ROSE STORM S34,423 2131029 100% CHOICE CENTER/DQ PARKING LOT CAPSTONE DEVELOPMENT $ - FORTCOLLINS JTILITES, GRADING, PAVING $1,673,325 1131030 45% THE DISTRICT@CAMPUS WEST CONTRACTING ENTERPRISES, LLC 9 920,329 FORT COLLINS STEVE BIENS GRADING, STORM, PAVING $395,634 '_13I031 100% EATON MIDDLE SCHOOL EATON $ EATON DUDDY VIEROW GRADING $1,784,145 2131033 100% FCI IIALLIBURTON CONCRETE PAVING FCI CONSTRUCT ORS S - FORT LUPTON CHAD RACN'E GRADING, PAVING $219,900 1131034 1% SFCSD HEADWORKS&DEWATERING JR FILANC CONSTRUCTION CO $ 217,701 FORT COLLINS KRISTIAN BENSON REMOVALS, BASE, PAVING $115,190 2131035 100% WASWNGTONAVE SIDEWALK EXT TOWN OF WELLINGTON $ - WELJTIGTON- TERRY MCENANY GRADING $197,146 2131037 100% FCI HALLB3URTON T SHEDS FCICONSTRUCTORS $ - FORT LUPTON CHAD RACINE STORM, REMOVALS, PAVING $2,477,263 2131038 100% FC-LOVELAND MUNICIPAL AIRPORT COFC& CITY OF LOVELAND E BASE, GRADING LOVELAND JOEL HARRY UTILII'IES,REMOVAM, S1,502,469 2131039 100% EAGLE CROSSING EAGLE CROSSING WINDSOR, LLC E GRADING, PAVING WINDSOR PATRICK MCMEEKJN STORM, REMOVALS, BASE $878,993 2131040 IIXJ% GWRW EMBANKMENT &MUSKET TRACK GREAT WESTERN RAILWAY, LLC $ - GRADING WINDSOR KEN KOFF PAVING $225,782 2131041 100% DYNO NOBEL 2013 DYNO NOBEL $ - C13EYENNE, WY ITM DIBBLE BASE, PAVING 1106)07 2131042 IW% DYNO NOBEL DEC PROJECT DYNO NOBEL $ - CHEYENNE,WY JIM DIBBLE WATERLINE, SEWER $712,593 2131043 100% GRAND &21 ST WATER &SEWER IMPROVE CITY OF LARAMIE $ - REMOVALS, BASE LARAMIE, WY CAL VAN ZEE SEWER, GRADING, BASE $241.810 213HA,I 2% STORYBOOK 2ND TILING LOVELAND COMMERCIAL, LLC $ 236,974 PAVING FORT COLLINS BLAENE RAPPE PAVING $162,456 2131045 - 100% DYNO NOBEL URFA 2013 DYNO NOBEL $ - CHEYENNE, WY DM DIBBLE PAVING $",B00 2131047 IW% CLOVERBASIN VILLAGE IRKRESIDENTIALGROUP $ - LONGMONT NI'J I RAMIREZ UTILOIFS, GRADING $1,816,173 2131048 73% MEHAFFEY PARK ECI SITE CONSTRUCTION MGMT $ 490,367 REMOVALS LOVELAND TED JOHNSON REMOVALS, PAVING E194,274 2131049 100% ALLISON FARM IMPROVEMENTS ALLISON FARM BOA S - GREELEY PHIL BINGHAM STORM, REMOVALS $2,848,948 2131051 100% WCR 115 IMPROVEMENTS BASELINE ENGINEERING CORP $ - GRADING, BASE WELD COUNTY RICK BRHENING GRADING S38,383 2131052 100. COTTONWOOD DIRT PILES NORTHERN CO LAND DEVELOPMENT S - WELLINGTON TRAVIS REDMAN GRADING, BASE, REMOVALS $465r40 2131053 HK% GWRW EMERGENCY FLOOD REPAIRS OMNITRAX $ - WINDSOR STEVEN WARD UTILITIES, GRADING, BASE $557.221 2131054 +1% THE SUMMIT PROJECT SUMMIT ENTERTAINMENT S 312,W4 PAVING WINDSOR NICK CASHION UTILITIES, GRADING, BASE $1,109,858 2131055 77°% WATER VALLEY SOUTH FILING 15 TROLLCO, INC. $ 255.267 PAVING, REMOVALS WINDSOR PATRICK MCMEEKIN SEWER, BASE, PAVING $78,400 2131056 100e 7-II@EAGLE CROSSING PIONEER GROUP $ - _ WINDSOR DAVIDBLACK RF.MOVAIS,PAVING $154.319 2131058 1013% DELLENBACH MOTORS DELIAN, BACH MOTORS S FORT COLLINS MICHAEL DELLE.NBACH REMOVALS, PAVING, BASE SM9,193 2131059 38% WINDSOR LDS CHURCH McCAULEY CONSTRUCTORS S 402,500 UTILITIES, GRADING WINDSOR PAUL LEEPER CONTRACT PERCENT JORNAME OIPNER CONTRACTTO TYPE OFIPORK AMOUNT JOB# COMPLETE LOCATION CONTACT COMPLETE PAVING $46,560 2131060 100% RAWHIDE MISC PATCHING PLATTE RIVER POWER AUTHORITY S - WELLINGTON CHARLES ROGERS REMOVALS, PAVING SA4265 2131064 IN% CR 13 MILL &OVERLAY MVERBLUFFS VENTURES $ - WINDSOR DAN BROWN REMOVALS, GRADING, BASE $627.171 2131065 33% WEST VINE OUTFALL CHANNEL PH I CITY OF FORT COLLINS S 420,205 FORTCOLLINS MATT FATER UTILITIES, REMOVALS, BASE $8,727,085 2131066 29% ASPEN HEIGHTS BRECKENRIDGE GROUP FC, CO S 6,238,830 GRADNG, PAVING FORT COLLINS ROGER FRAKES GRADING, BASE, PAVING $1,082,635 2131067 3% BANNER HEALTH J.E. DU01 CONSTRUCTION $ 1.050,156 FORT COLLINS TAMES KRALICEK STORM, GRADING $284,150 1131070 47% RIGDEN POND PUMPSTATION Cl FY OF FORTCOLLINS $ IS0,600 FORT COLLINS CLIFF HOELSCHER GRADING, BASE, PAVING 563,724 1131071 0% AVAGO BLDG4 WEST LE. DUNN CONSTRUCTION 5 63,724 FORT COLLINS ANDREW GILSTRAP GRADING, BASE 583,031 213I072 100% WDIDSOR CRUDE OIL BACK GRADING THE CREEL COMPANY $ - WNDSOR BRUCECREEL WATERLINE FLOOD REPAIRS $54,941 2131700 100% CITY OF LOVELAND WATER PLAN]' CITY OF LOVELAND E - LOVELAND FLOOD REPAIRS $67,589 2131701 100% HOLIDAY CT BYPASS CITY OF LOVELAND S - LOVELAND WATERLINE FLOOD REPAIRS 571,663 2131703 100% 6- GEORGE RIST WATER CITY OF LOVELAND $ - LOVELAND FLOOD REPAIRS 5675JO6 2131720 IN% CR 27-CR 52E TO HWY 14 LARIMERCOUNTY S - STORM,REMOVALS,BASE LARIMERCOUNTY TODDIUERGENS GRADING. PAVING FLOOD REPAIRS $92,304 1131721 IN% BUCKHORN SOUTH LARIMERCOUNTY $ - Sl'ORM,REMOVALS, BASE LARIMER COUNTY TODD HIERGENS GRADING, PAVING FLOOD REPAIRS $71,875 2131722 I W % BUCKHORN NORTH LARIMERCOUNTY $ - STORM,REMOVALS,BASE LARIMER COUNTY TODDIUERGENS GRADING, PAVING FLOOD REPAIRS - GRADING $1,419,552 2131727 IN% CR 43- DRAKE TO GLEN HAVEN LARIMER COUNTY $ - STORM, REMOVALS, BASE LARIMER COUNTY _ TODDIUERGENS FLOOD REPAIRS - GRADING $781_08 2131728 1m CR 44H LARIMER COUNTY S' - STOKM,REMOVALS,BASE LARIMER COUH'Y TODDIUERGENS FLOOD REPAIRS $489,227 2131730 1001". FISH CREEK ROAD LARIMER COUNTY $ - SIORM,REMOVALS,GRADING LARIMER COUNTY TODDIUERGENS FLOOD REPAIRS $225,947 2131732 100% THE RETREAT LARIMERCOUNTY $ - STORM,REMOVAIS,GRADING LARIMERCOUNTY TODD IUERGENS FLOOD REPAIRS $56060 2131740 100% COFC NORTH COLLEGE FLOOD DAMAGE CITY OF FORT COLLNS S - STORM,REMOVALS,GRADING FORT COLLINS RANDY MAULAND FLOOD REPAIRS $1.156,203 2131760 100% HWY 34 CDOT i - STORM,REMOVALS,BASE GREELEY NICOLA UPRIGHT GRADING, PAVING GRADNG 5124,468 2134001 100% BID SNOW PLOWING BHI E - CRAIG WYATT PAVING 5288,505 1134002 100% CDOT US 40 ELK RIVER BRIDGE DUCREIS CONSTRUCTION E - ROUTTCOUNTY DIANE DWIRE GRADNG, BASE, PAVING 53,328,915 2134003 100% REHAB OF SH 317 SWEPT LP $ - CRAIG NEHEMIAH KATZ GRADING, PAVING $42.459 2134N4 I00% COPPER MTN ESTATES OVERLAY 2013 COPPER MTN ESTATES S STEAMBOAT SPRINGS DEL HERMAN CRUSHNG $557,650 2134005 100% RIO BUNCO COUNTY CRUSHNG 2013 RIO BUNCO COIMTY S - ROUTTCOUNTY VANPTLUAD REMOVALS, GRADNG $980.935 2134006 IN% CITY OF STEAMBOAT 2013 OVERLAY CITY OF STEAMBOAT SPRINGS $ - STEAMBOATSPRINGS oI �I CONTRACT PERCENT JOBNAME OWNER CONTRACTTO • TYPE OF WORK AMOUNT JOB# COMPLETE LOCATION CONTACT COMPLETE BASE, PAVING $206,654 2134008 IN% CATAMOUNT LAKE OVERLAY 2013 CATAMOINT METRO DISTRICT $ STEAMBOAT SPRINGS IOELANDERSON BASE, PAVING S69,588 2134009 100% KELLY DRIVEWAY GOODDYNAMICS S STEAMBOAT SPRINGS JEFF PAVING S224,273 2134010 37% COOT MUDDY PASS SLIDE REPAIR COGGINS&SONS DRILLING S 141_192 JACKSON COUNTY DON NIEMAN PAVING $76,055 2134011 100% NATIVE PAVING NATIVE EXCAVATING S - STEAMBOAT SPROJGS ED MACARTHUR PAVING S340-163 2134012 100% CRAIG ASPHALT WORK 2013 CITY OF CRAIG $ - CRAIG BILL EARLEY PAVING SI,351,018 2134014 100% ROUTT COUNTY OVERLAY 2013 RODUTT'CTY ROAD &BRIDGE S - ROUTTCOUNTY MARTI HAMILTON PAVING $55,990 1134016 IN% SHERMAN DRIVEWAY STEPHAN ZHTEL S - SI'EAMBOAT SPRINGS PAVING - S50,782 2134018 100% PINE STREET WATERLINE ANSON EXCAVATING S - STEAMBOATSPRNIGS ROBER'T MURRAIN GRADING, PAVING S97,015 2134023 0% EAGLESNEST PARKING LOI S EAGLESNEST BOA S 97,015 STAGECOACH BRYAN AYERS REMOVALS, GRADING $70,027 2134024 100% M 1. WERNER LODGE PARKING LOT STEAMBOAT ASSOCIATION MGM T S - PAVING SI'EAMBOATSPRINGS JIM LANDERS SEWER, BASE, PAVING $126,346 2134025 40Y% WILDHORSE MARKETPLACE PARKING WILDHORSE MARKETPLACE, LLC $ 75,808 STEAMBOAT SPRINGS WHITNEY WARD $ 12512094 • CONNELL RESOURCES, INC. SCHEDULE OF MAJOR 2012 COMPLETED WORK UPDATED A30F 2J282014 CONTRACT PERCENT JOB NAME - OWNER TYPE OF WORK AMOUNT JOB# COMPLETE LOCATION CONTACT SEWER $524,122 2121001 100% CARLISLE SEWER CITY OF LOVELAND LOVELAND CRAIG WENLAND GRADING $40.242 2121003 100% BOXELDER MISC REPAIRS BOXELDER SANITATION DISTRICT FORT COLLINS FRED WALKER SEWER $116,364 2121004 100% BRT UTILITY IMPROVEMENTS PH 3 CITY OF FORT COLLINS _ FORT COLLINS SUE PAQUETTE REMOVALS, PAVING $201,870 2121005 100% DYNO NOBEL 2012 ASPHALT DYNO NOBEL CHEYENNE,WY JAMES DBBLE WATERLINE $42,518 2121006 100% LOCUST Q PETERSON WATERLINE CITY OF FORT COLLINS FORT COLLINS DEAN SAYE GRADING $172,670 2121008 100% ROCKY MTN TRANSLOAD FACILITY PH I .ROCKY MTN TRANSLOAD WINDSOR WALT SANDERS STORM, REMOVALS, GRADIN( $619,279 2121009 100% KODAK LOOP TRACK GREAT WESTERN RAILEAY LLC WINDSOR KEN ROLE SEWER, STORM, REMOVALS $349,114 2121010 100% COLLEGE PARK SEWER ENLARGEMENT CITY OF GREELEY GRADING GREELEY PHILCHARTER WATERLINE, REMOVALS $160,107 2121011 100% WAPA BACKFLOW PREVF.NTER WESTERN AREA POWER ADMIN LOVELAND PATRICK KEARNEY STORM, REMOVALS $362,332 2121012 100% MEAD FS/MS PARKING LOT ST. VRAIN SCHOOL DISTRICT GRADING, PAVING MEAD GERAIDCRUMPTON SEWER S124,453 2121013 100% BRYAN & MULBERRY SS REHAB CITY OF FORT COLLINS FORT COLLINS SUE PAQUETTE UTILITIES, REMOVALS $3,255,021 2121014 100% THE GROVE CAMPUS CREST CONSTRUCTION GRADING, PAVING FORTCOLLINS SEAN BARLEY STORM, REMOVALS $242,047 2121015 100% REALIGNMENT OF STOVE PRAIRIE ROAD LARIMERCOUNTY GRADING, PAVING MASONVI.LE DARRELL MORRELL GRADING, PAVING $45,605 2121016 100% RV AMERICA RV AMERICA LOVELAND JOHNNY WONG REMOVALS, GRADING $408,999 2121017 100% PTI- JOHNS] OWN NORCO CONSTRUCTION PAVING JOHNSTOWN MIKE ZAPF GRADING, PAVING $212,726 2121019 100% ALMS GRADING & PAVING ECI SITE CONSTRUCTION GREELEY IAN MESTDAGH SEWER, WATERLINE, PAVING $98,031 2121019 100% DAIRY QUEEN EXPANSION 2012 376 EAST EISENHOWER LLC REMOVALS, GRADING LOVELAND - DAVE SIMPSON REMOVALS, GRADING $1,079,488 2121020 100% LC.A.C. 2010 MISC IMPROVEMENTS LARIMER COUNTY PAVING LARIMER COUNTY TODD IUERGENS SEWER $72,076 2121021 100% MRYTLE&MASON - CITY OF FORT COLLINS FORT COLLINS SUE PAQUETTE STORM, SEWER. REMOVALS $1,536,081 2121023 100% LIBRARY- HARTSHORN PARKING LOT COLORADO STATE UNIVERSITY GRADING FORT COLLINS TRACEY ABEL STORM, WATERLINE $178,857 2121025 100% THE MEADOWS PH 2A GUARANTY BANK REMOVALS, GRADING WELLINGTON GREGG BROWN GRADING $140,000 2121026 100% COLORADO SWEET GOLD POND ENLARGE COLORADO SWEET GOLD LLC JOHNSTOWN DENNIS TRF.GO UTILITIES, REMOVALS, $373,246 2121027 100% CARIBOU APARTMENTS SHAW BUILDERS GRADING, PAVING FORT'COL.LWS JOHN STEVENS CONTRACT PERCENT JOB NAME OWNER TYPE OF WORK AMOUNT JOB COMPLETE LOCATION CONTACT SEWER, WATERLINE $140.752 2121028 100% LDS TEMPLE IIUUGATION IMPROVEMENTS JESUS CHRIST OF LDS REMOVALS, GRADING FORT COLLINS MARK TINGEY UTIIIT m GRADING $6,412,467 2121029 100% HAULBURTON FRAC SAND TERMINAL USA TANK SALES & ERECTION WINDSOR MICHELLE MILLER STORM, REMOVALS $53,497 2121030 100% CHOICE CENTER BLDG4 PARKING LOT JOHNSON INVESTMENTS GRADING, PAVING FORT COLLINS CINDY JOHNSON GRADING, PAVING $130,288 2121031 100% OCR ADDITION & RENOVATION THE NEENAN COMPANY FORTCOTJINS JAKECOUTIS STORM, GRADING $114,687 2121032 100% MASON STREET STORM IMPROVEMENTS CITY OF FORT COLLINS FORTCOLLINS SUE PAQUETTE SEWER, WATERLINE $135,801 2121033 100% BILL 4-LAKE STREET CITY OF FORT COLLINS FORT COLLINS SUE PAQUEITE UTILITIES, REMOVALS, $1.643,346 2121034 I00°/. MORNING DRIVE 3V WATERLINE CITYOFIAVELAND GRADING LOVELAND REBECCA NORTON WATERLINE, GRADING S119,058 2121035 100%. WIISON AVE WATERLINE REPAIR CITY OF LOVELAND LOVELAND CRAIG WEINIAND UTILITIES $61,379 2121036 1001% BRT 5 - ON CALL UTILITIES CITY OF FORT COLLINS FORTCOLLINS SUE. PAQUETTE PAVING $102,748 2121038 100% MY PLACE HOTEL LEGACY BUILDERS CHEYENNE, WY BROOKS MCINTYRE STORM, WATERLINE, PAVING $1,069,269 2121039 100% BRUSH DOWNTOWN REVITALIZATION TOWN OF BRUSH REMOVALS, GRADING BRUSH MONTY TORRES GRADING $212,263 2121040 100% RAWHIDE ASH POND CLEANING 2012 PLATTE RIVER POWER AUTHORITY WELLINGTON HEATHER BANKS iWATERLINE GRADING S71,200 2121041 100% MUL13ERRY SEWER SERVICE 1403 EAST 2ND LLC FORTCOLLNS JAY BRUTON SEWER, WATERLINE $684,346 2121042 100% LARAMIE SPT 24 CITY OF LARAMIE REMOVALS LARAMIE, WY KATHARNE TROWBRIDGE REMOVALS, GRADING $171,425 2121043 100% BNSF ASPHALT & DRAINAGE INSTALL OFTEDALCONSTRUCTION FORT COT [ [ S GREG IACKSON STORM $112,463 2121044 100% OVERLAND PONDS OUTLET WORKS TRI-DISTRICTS FORTCOLLINS SHAWN HOFF UTILITIES, REMOVALS, $2,500,666 2121045 100% TURNBERRY ROAD CITY OF FORT COLLINS GRADING, PAVING FORT COLLINS MARK LAX EN WATERLINE, SEWER $158,354 2121046 100% BRT6- PROSPECT RD UUITY RELOCATE CITY OFFORTCOLLINS FORT COLLINS SUE PAQUETTE S'I ORM, REMOVALS $276,219 2121047 100% BRAIDEN DRIVE BIKE PATH COLORADO STATE UNIVERSITY GRADING FORTCOLLINS TRACEY ABEL/CASS ➢EIIER STORM REMOVALS $116,222 2121048 100% EP MEDICAL CENTER MRI ADDITION GH PHIPPS CONSTRUCTION GRADING ESTES PARK REBECCA TERRAZAS WATERLINE $55,792 2121049 100% ELCO IURNBERRY WATERLINE ELCO WATER DISTRICT FORT COLLINS DARWIN WILLIAMS STORM, REMOVALS $126,164 2121050 100% ANHEUSER-BUSCH GRAN TRLR STORAGE INBEV GRADING, PAVING FORT COLLNS SEAN SARMAST GRADING S54,683 2121051 100% DPG-PREWITT RESERVOIR DUCKS UNLIMITED MERINOCOUNTY MITCH MESSMER/KEVIN WERNER UTILITIES, REMOVALS, $852,077 2121052 100%. WALMART STORE NO 3177-00 HEATH CONS "I RUCTION GRADING, PAVING FORT COLLINS TIM HALVERSON GRADING $36,000 2121053 100% ERIE COMMUNITY PARK- PH I & Ill ECI SITE CONSTRUCION ERW AMBER RATHERT CONTRACT PERCENT JORNAME OWNER TYPE OF WORK AMOUNT JOB# COMPLETE LOCATION CONTACT STORM, REMOVALS $291,726 2121054 100% COFC 2012 MISC IMPROVEMENTS CITY OF FORT COLLINS GRADING FORT COLLINS JOHN STEPHEN GRADING $44,723 2121055 100% LONGDPAWDAM2012 WATER SUPPLY& STORAGE COMPANY LARIMERCOUNTY DENNISHARMON PAVING $35,113 2121057 100% JOHNSTOWN PUBLIC WORK FACILITY HEATH CONSTRUCTION JOHNSTOWN JOELHARDY GRADING, REMOVALS $292,652 2121058 100% CR 5 BRIDGE REPLACEMENT LARIMERCOUNTY LARIMER COUNTY DARRELLMORRELL PAVING $264,983 2121059 100% 159TH READINESS CENTER HENSEL PHELPS CONSTRUCTION CHEYENNE IVY MATTHEW RASMUSSEN UTILITIES, GRADING, PAVING $2,756.932 2121061 100% TRAMS © TIMBERLINE SHAW BUILDERS LLC FORT COLLINS PAT HIGGINS PAVING $100,683 2121062 100% ELIZABETTI & CITY PARK RETAIL SHELL SAMPSON CONSTRUCTION FORTCOLLINS DON MOHR GRADING $3,417.795 2121063 100% FRONTIER REFINING MASTER SERVICE FRONTIER REFINING LLC CHEYENNE, WY KAREN IURKINGTON UTILITIES, GRADING $561,991 2121064 100% LCFG ARENA & LIVESTOCK PAVILIONS G.H. PLOPS LARIMERCOUNTY JENNIFER LYNN GRADING, PAVING $79,964 2121066 100% CORNERSTONE EVANGEL FREE CHURCH'ORNERSTONE EVANGEL FREE CHURCI FORT C011 INS UTILITIES, REMOVALS, 5479,555 2121067 100% LEGACY SENIOR CENTER LUND ROSS CONSTRUCTORS GRADING, PAVING FORT COLLINS CHRIS EHLERS UTILITIES, GRADING $351,200 2121068 100% FCI HALLMURTON DPM WELD SHOP FCI CONSTRUCTORS FORT LUPTON CHAD RACINE UTILITIES, GRADING $1.005,634 2121069 100% BLUR WATER RESOURCES BLUE WATER RESOURCES LLC WINDSOR CLAY DRAKE GRADING $51,330 2121070 100% TREIBER LAKE USA ENVIRONMENTAL. FORT COLLINS CLAY BOWERS GRADING $131,705 2121071 100% RAWHIDE DRAINAGE DITCH RI' RAP PLATTE RIVER POWER At ITHORITY WELLINGTON MIKE MACNAUGHTON GRADING $226,066 2121072 100% RAWHIDE RCD CONC PARKING PLATTE RIVER POWER AIHUORITY WET I GTON NUKE MACNAUGH'FUN UTILITIES, GRADING. 5283,895 2121073 100% BPS RESTAURANT &BREWHOUSE TERRA NOVA INDUSTRIES PAVING FORTCOL.LNS ROBERT DUGAN STORM, GRADING $1,413,086 2121074 100% CR 52E BOX CULVERTS LARIMERCOUNTY FORT COLLINS TODD JUERGENS GRADING, PAVING $41,523 2121515 100"/, GREGORY ELECTRIC GREGORY ELECTRIC LOVELAND ROBBRYANT STORM, REMOVALS $46,187 2121520 100% TRI-STATE DITCH CLEANING TRI-STATE G & T ASSOCIATION ' WESTMINSTER JERRY RAUSCHENBERGER GRADING $37,530 2121525 100% FRE CONCRETE REPAIRS FRONT RANGE ENERGY WINDSOR DAN SANDERS GRADING, PAVING $34,000 2121529 100% RV AMERICA MILLINGS RV AMERCIA LOVELAND MARTY VALENCIA STORM, GRADING $41,036 2121533 100% USR SITE NO WELD COUNTY WATER DISTRICT PIERCE LEANN KOONS PAVING $45,113 2121548 100% RESURRECTION CHURCH PATCHING RESURRECTION FELLOWSHIP LOVELAND ROBERTSCHUMAKER PAVING $38,567 2121552 100% BULL RUN TOWNHOMES JRK RESIDENTIAL GROUP CONTRACT PERCENT JOB NAME OWNER . TYPE OF WORK AMOUNT JOB# COMPLETE LOCATION CONTACT FORTCOLLINS NIKKI RAMIREZ REMOVALS, PAVING $70,550 2121558 100% 100 LINK LANE DLD REAL ESTATE HOLDINGS FORT COLLINS HYLASLOANE STORM, GRADING, BASE $99,745 2121567 100% ROCKY MTN TRANSLOAD PH III ROCKY MTN TRANSLOAD PAVING WINDSOR WALTSANDERS SEWER, WATERLINE, PAVING $1,713,654 2124001 100% BURGESS CREEK COLLECTOR PH I & 2 MT. WERNER WATER DISTRICT REMOVALS, GRADING STEAMBOATSPRINGS RICHARD BUCCINO GRADING, PAVING $60,003 2124002 100% ELK RIVER RANCH ELK RIVER RANCH ROUTT COUNTY JOHN ADAMS REMOVALS, PAVING $644.028 2124003 100% CITY OF SB 2012 OVERLAY CITY OF STEAMBOAT SPRINGS STEAMBOAT SPRINGS DOUG MARSH GRADING 5276,046 2124004 100% BIB VARIOUS Bill ' CRAIG WYATT REMOVALS, GRADING. $85,739 2124005 100% WALTON VILLEAGETOWNHOMES NOSIDE WALTON VILLAGE HOMEOWNERS PAVING STEAMBOAT SPRINGS EVELYN BERGE GRADING, PAVING $1,956,427 2124006 100% MOFFAT COUNTY ROAD 4 MOFFATCOUN'IY MOFFAT COUNTY LINDA DAROSE REMOVALS, PAVING $999,495 2124007 100% MOFFAT COUNTY ROAD 29 MOIWAT COUNTY MOFFAT COUNTY LINDA DAROSE PAVING $67,439 2124008 100% ELK RIVER WATERMAIN DUCKEIS CONSTRUCTION STEAMBOAT SPRINGS JOHN LIITLEHORN REMOVALS, GRADING $1,363,663 2124010 100% THE VITAS SOUTH STEAMBOAT ASSOCIATION MGMT PAVING STEAMBOAT SPRINGS . PAVING $78,206 2124012 100% CDOT MICHIGAN RIVER BRIDGE AMERICAN CIVIL CONSTRUCTORS WALDEN PAVING 5102.488 2024013 100% CASEY'S POND INTERIOR ADOLF'SON&PETERSON STEAMBOAT SPRINGS CHADJELINEK REMOVALS, PAVING $155,580 2124014 100% SEVERSON SUPPLY 2012 SEVERSON SUPPLY CRAIG DAN SEVERSON PAVING $51,397 2124015 100% DREAM ISLAND SEWER INTERCEPTOR NATIVE EXCAVATING STEAMBOAT SPRINGS KEVIN RUSK PAVING $98,200 2124016 100% HWY 317 MAINTENANCE MOFFAT COUNTY CRAIG ROY GRADING $258,355 2124018 100% BUT SHELL YARD BF➢ CRAIG WYATT GRADING, PAVING $190,826 2124019 100% STRAWBERRY PARK ELEMENTARY 2012 STEAMBOAT RE-2 SCHOOL DISTRICT STEAMBOAT SPRINGS PASCAL GINES'LA PAVING $46,328 2124020 100% DUTANEY CONDOS FOX CONSTRUCTION STEAMBOAT SPRINGS CHUCK WRIARD STORM, REMOVALS, $396,026 2124021 100% CRAIG AIRPORT 2012 MOFFAT COUNTY GRADING, PAVING CRAIG ARMSTRONG CONSULTANTS REMOVALS, GRADING, $94,294 2124023 100% SB PINES LOWER REPAIR STEAMBOAT' PINES HOA PAVING STEAMBOAT SPRINGS STEVE DOWNS REMOVALS, GRADING, $47,245 2124024 100% SB PINES ZIPPER REPAIR STEAMBOAT PINES HOA PAVING STEAMBOAT SPRINGS STEVE DOWNS STORM, REMOVALS, 556,750 2124025 100% MUSTANG RUN STEAMBOAT ASSOCIATION MGMT PAVING STEAMBOAT SPRINGS HOLUE SUTTON . REMOVALS, GRADING $315,868 2124026 100% WALTON CREEK PARK &RIDE CITY OF STEAMBOAT SPRINGS PAVING STEAMBOAT SPRINGS BEN BFALL CONTRACT PF.RCFNT JOSNAME TYPE OF WORK AMOUNT JOB# COMPLLTE LOCATION PAVING $241,900 2124027 100% SB SAND& GRAVEL ACCEUDECBI. LANES STEAMBOAT SPRINGS REMOVALS, PAVING $42,508 2124033 100% WEST CONDOS ENTRY ROAD STFAMBOAT SPRINGS GRADING $218,945 2124036 100% IIERRINGDRAW CRAIG BASE S354,218 2124038 100% RCR 56 ROUTT COUNTY GRADING, PAVING $73,748 2124042 100% CMC WILLET HALL STEAMBOAT SPRINGS OWNER CONTACT NATIVE EXCAVATING ED MACARTHUR THE WEST HOA CARTA VON THADEN BID WYAT$ ROUTTCOUNTY MARTI HAMILTON NATIVE EXCAVATING CONNELL RESOURCES, INC UPDATED AS OI' 1213112013 1 SCHEDULE OF MAJOR 2011 COMPLETED WORK CONTRACT PERCENT JOB NAME OWNER TYPE OF WORK AMOUNT JOBN COMPLETE LOCATION CONTACT UTILITIES, GRADING $261,130 2111001 100%. KEENESBURG WWFP TOWN OF KEENESBURG KEENESBURG DANNY KIPP PAVING $33,746 2I11002 100% FORMA FURNITURE HEATH CONSTRUCTION TINNATTI AL13ERT HAMILL UTILITIES $737,629 2111003 100% DTRD PH I CITY OF FORT COLLINS FORTCOLLINS SUE PAQUETTE GRADING, PAVING $1,215,113 2111004 100% LCA.C. 2010 MISC IMPROVEMENTS LARIMFR COUNTY LARIMER COUNTY TODDJUERGENS GRADING $101,671 2111006 100% HARMONY ROAD WIDENING I TOWNOFTIMNATII TIMNATH JOHNJORDAN UTILR63S,GRADING, PAVING $981,043 2111007 100% VAN DE WATER APARTMENTS ON -SITE SHAWBUILDERS LOVELAND PAT HIGGINS STORM, WATER. REMOVALS, $1,485,147 2111009 100% FOSSIL CREEK TRA IL & UNDERPASS CITY OF FORT COLLINS GRADING, PAVING FORT COLLINS . JASON STUTZMAN UTILITIES, GRADING, PAVING $760,209 2111009 100% MEMORY CARE Q SEVEN LAKES DOI IN CONSTRUCTION REMOVALS LOVELAND JFNNIF'ERCHAVIES GRADING $27,935 2111010 100% "TERRY BISON RANCH CLEAN UP IRON MOUNTAIN BISON RANCH CHEYENNE,WY AMY LENHARDT PAVING $83,625 2111011 100% FAST ELIZABETH MEDICAL CENTER EAST ELVABETH MEDICAL CENTER FORT COLLINS DR. JAMES TROXELL UTILITIES, GRADING $853,888 2111012 100% LEPRINO FOODS OFFICE LAMAR CONSTRUCTION CO PAVING GREELEY MATT LAMAR UTILITIES, GRADING, PAVING $401,808 2111013 100% VAN DE WATER APARTMENTS OFF -SITE SHAW BUILDERS LOVELAND PATFIGGINS GRADING,PAVING $403,853 211I014 -100°/. SH 60 LEFT 14AND TURN LANES A&W WATER SERVICE INC. STORM, REMOVALS PIATTEVILLE IEFFRC•Y WRIGHT SEWER $32,098 2111015 100% FCLWD EMERGENCY REPAIRS FC-LOVELAND WATER DISTRICT LARIMERCOUNTY JAY EAST STORM $279,809 2111016 10F/ TURKEY CREEK IRWA'I']ON LINE RED ROCKS COUNTRY CLUB MORRISON BILL DEWOLFE GRADING $62,614 2111 DI 100°/. WATER WAY PARK WA1SHCONSTRUCTON FORTCOLLBNS MATTHEW WALSH GRADING, PAVING $295.511 2111018 100% CSU INTERNATIONAL HOUSE PAVING COLORADO STATE UNIVERSITY STORM, REMOVALS FORT COLLINS CASS BETTLER REMOVALS, GRADING $53,603 2111019 100% POIIDRE RIVER SEDIMENT @WCR 13 TOWNOFWINDSOR WINDSOR DOUG ROTH PAVING $41,065 2111020 100% HIGHLAND MEADOWS GOLF COURSE LAND DEVELOPMENT SERVICES WINDSOR ANDY KRILL REMOVALS, GRADING, $208,426 2111021 100% RAWHIDE PAVING PLATTE RIVER POWER AUTHORITY PAVING CARR MIKE MCNAUGHTON UTILITIES, GRADING $2,810,400 2111022 100% HALLIBURTON FIELD CAMP FCI CONSTRUCTORS ' REMOVALS, PAVING FORT LUPTON CHAD RACINE GRADING $86,107 2111023 100% AULTSUBSTATION MAIM24E SUBSTATION CONSTRUCT' AULT BILL DOUGLAS SEWER, WATERLINE, PAVING $90259 2111024 100% COFC 2011 MISC STREET IMPROVEMENTS CITY OF FORT COLLINS FORT COLLINS JOHN STEPHEN SECTION 00020 INVITATION TO BID Date: May 20, 2014 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 June 13, 2014, for the Timberline & Kechter Right Turn Lanes; BID NO. 7650. 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 7650. The Work consist of the construction of two, dedicated right turn lanes at the Timberline Road and Kechter Road intersection. The new turn lanes will be a northbound to eastbound right and a southbound to westbound right. More specifically, the project includes: removals as defined in the plans, embankment, erosion control, concrete curb and gutter, full depth asphalt pavement, asphalt mill and inlay, concrete sidewalks and traffic control. Permanent signage, permanent striping and construction staking will be completed by the City of Fort Collins. All Bids must be in accordance with the Contract Documents on file with the City of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. The City encourages all disadvantaged business enterprises to submit bid in response to all invitations and will not be discriminated against on the grounds of race, color, national origin. A prebid conference and job walk with representatives of prospective Bidders will be held at 10:00 AM, on May 29, 2014, in Conference Room 11B 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. No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. 9 CONTRACT PERCENT JOB NAME OWNER TYPE OF WORK AMOUNT JOB# COMPLETE LOCATION CONTACT PAVING $411,758 2111025 100% WINDSOR 2011 CAPITAL IMPROVEMENTS TOWN OF WINDSOR WINDSOR CURTIS TEMPLEMAN GRADING $69,848 2111026 100% TRADEWINDS PARK F.CI SITE CONSTRUCTION MGMT THORNTON TED JOHNSON BASE $80.445 2111027 100% SANJELMACBAIN OUTLET GRAVEL GRANITE PEAK DEVELOPMENI'LLC CHEYENNE,WY DEAN BYRNE UTILITIES, GRADING $561,555 211 I028 100% ST. VRAIN DIVERSION & PUMP STATION COLORADO STATE PARKS LONGMONT PAUL BARKER STORM, REMOVALS. PAVING $97.930 2111029 loo/. FORT COLLINS DRY DOCK BRAD KOONTZ ' FORTCOLLINS PAVING $40,523 2111030 100% KUSTOM STRUCIURES KUSTOM STRUCTURES WELLINGTON DERRF.LBAKER PAVING S37,728 2111033 100% VICTORIA ESTATES VICTORIA ESTATES LOVELAND NORM WAKEFIELD REMOVALS, GRADING $359,458 2111035 100% MARGARET CARPENTER PARK ECI SITE CONSTRUCTION MGMT THORNTON TEDJOHINSON GRADING. PAVING $901,618 2111036 100% DYNO NOBEL SITE ASPHALT PROJECTS DYNO NOBEL CHEYENNE,WY JEFFREY LUND STORM, REMOVALS, PAVING $858,115 2111037 100% BRUSH DOWNTOWN REVITAI17.ATION CITY OF BRUSH BRUSH MONTYTORRES SEWER, REMOVALS $153,911 2111038 loo/. NORTH COLLEGE SANITARY SEWER -TEST CITY OF FORT COLLINS FORT COLLINS GWEN EBERHART REMOVALS $252,875 2111040 100% FORT COILNS COMMONS CAPSTONE DEVELOPMENT FORT COLLINS JOE HARRISON STORM, REMOVALS, $216,980 2111041 100% GIL.CREST RETENTION POND EXPANSION TOWNOFGI.CREST GRADING GILCREST EDWARD BARENBERG SEWER S63,922 2111042 HID% CHOICE CENTER SEWER UPSIZE CITY OF FORT COLLINS FORT COLLINS SUE PAQUETTE SEWER. REMOVALS $827,710 2111044 100% NORTH COLLEGE SANITARY SEWER CITY OF FORT COLLA'S FORTCOILINS GWEN EBERHAJO' GRADING, REMOVALS $192,605 2111046 100% GREELEY WATERLINE PROTECTION TOWN OF WINDSOR WINDSOR DOUG ROTH SEWER. REMOVALS, $481,533 2111 D47 100% THE KNOLLS PHASE 5 WHITHAM HOLDINGS GRADING, PAVING WELLINGTON BRAD WOODS STORM, WATERLINE, PAVING $5,758,992 2111 G49 100% NORTH COLLEGE IMPROVEMENTS CITY OF FORT COLLINS GRADING, REMOVALS FORTCOLLINS MATT BAKER REMOVALS $158,632 2111049 100% CLOVERLEAF DOG TRACK LVI ENVIRONMENTAL LOVELAND RICK GIVEN GRADING $625,952 2111050 100% W WTP POND 2 CLEAN & RECONSTRUCT WESTERN ENVIRONMENTAL TECH CHEYENNE, WY MARK BAILEY PAVING $67,664 2111051 100% RESURRECTION CHURCH RESURRECTION ILILOWSHIP LOVELAND DUANE SMITH STORM, GRADING $498,557 2111052 100% TRI-STATE HEADQUARTERS DRAINAGE TRI STATE G&T ASSOCIATION WESTMINSTER JERRY RAUSCHENBERGER PAVING $202,915 2111053 100% WELLINGTON 8 BAY MCCAULEY CONSTRUCTORS WELLINGTON SCOTT BUTTERWORTH UTILITIES, GRADING, $2,865,196 2111054 100% FRONT RANGE COMMONS CATAMOUNT CONSTRUCTORS PAVING, REMOVALS FORT COLLINS CHUCK BEASIEY GRADING $66,840 2111055 100% HALL®URTON CHEMICAL WAREHOUSE FCI CONSTRUCTORS FORT LUPTON CHAD RACINE CONTRACT PERCENT JOBNAME OWNER TYPE OF WORK AMOUNT JOB# COMPLETE LOCATION CONTACT REMOVALS, PAVING $38,860 2111056 100% BUFFALO RIDGE. LANDFILL PAVEMENT' WASTE MANAGEMENT KEENESBURG JESSICA WALKO SEWER & WATERLINE $189,378 2111057 100% ANDERSEN'S SALES & SALVAGE ANDERSENS SALES & SALVAGE GREELEY DEAN ANDERSEN SEWER, REMOVALS, PAVING $31,527 2111058 100% JOXELDER PTRPR.TIMBERLINEMULBERR' BOXELDER SANITATION DISTRICT FORTCOLLIIS FRED WALKER GRADING $119,773 2111059 100% WIGGINS WATER TOWN OF WIGGINS WIGGINS TIM HOLBROOK GRADING $105,000 2111060 100% JACKSON DITCH STRUCTURE WATER SUPPLY & STORAGE IAPORTE DENNIS HAP MON GRADING $27,971 2111061 100% GLENMOOR POND -CEO#6585 GARNEY CONSTRUCTION FORT COLLINS JEFF MOORE UTILITIES $26,388 2111062 100% CHOICE CENTER WATERLINE & SERVICES CITY OF FORT COLLINS FORTCOLLINS UTILITIES, REMOVALS, $496,812 2111063 100% ARTHUR'S DITCH COLORADO STATE UNIVERSITY GRADING FORTCOLLINS TRACEY ABET. REMOVALS $232,616 2111554 100% HALL.IBURTON CLEANUP HALLBURTON KERSEY WATERLINE REMOVALS $233,770 2114001 100% MT. WERNER BACKBONE, PH 2 MT. WERNER WATER DISTRICT GRADING, PAVING STEAMBOATSPRINGS BOBSTODDARD REMOVALS, GRADING $936,236 2114002 100% CITY OF SIEAMBOAT2011 OVERLAY CITY OF STEAMBOAT SPRINGS PAVING STEAMBOAT SPRINGS DOUG MARSH STORM, REMOVALS $590,982 2114003 100% STRINGS IN THE MOUNTAINS STRINGS IN THE MOUNTAINS • GRADING, PAVING STEAMBOAT SPRINGS KAY CIAGFIT REMOVALS, PAVING $54,745 2114005 100% STRAWBERRY ELEMENTARY SCHOOL STEAMBOAT SPRINGS RE STEAMBOAT SPRINGS PASCAL GINSETA GRADING, PAVING $80,528 2114006 100% CATAMOUNT LAKE REPAIRS 2011 CATAMOUNT METRO DISTRICT STEAMBOAT SPRINGS JOELANDERSON PAVING $155,590 2114007 100% WALGREENS WAVER CONSTRUCTION STEAMBOAT SPRINGS STERLING PETERSON PAVING $60,728 2114009 100% WOLF RUN RANCH DRIVEWAY WOLF RUN RANCH STEAMBOAT SPRINGS SCOTT FLOWER STORM, REMOVALS $6,958,592 2114012 100% SH 131 CHOKE CHERRY LANE SOUTH COOT GRADING, PAVING ROUTTCOUNTY JUSTIN KUINf REMOVALS, GRADING $1,427,564 2114014 100% MOFFAT COUNTY 2011 PAVING MOFFAT COUNTY PAVING MOFFAT COUNTY LINDA PAVING $154,611 2114015 100% 2011 ROUTT COUNTY M ILL & FILL ROUTTCOUNTY ROUTT COUNTY TAMME CRAWFORD PAVING $96,087 2114016 100% THE PHOENIX CONDOS SNOW COUNTRY CONSTRUCTION STEAMBOAT SPRINGS MARK REMOVALS, GRADING $61,852 2114017 100% ATMOS ENERGY PARKING LOT ATMOS ENERGY ' PAVING STEAMBOAT SPRINGS NICK PLANANSKY PAVING $63,696 2114019 100% WALDEN APPROACHES SESSIONS&SONS WALDEN PAVING $203,924 2114020 100% TRAPPER MINE ENTRANCE ROAD TRAPPER MINE CRAIG GREG CORTEZ PAVING $294,915 2114021 100% COLORADO MOUNTAIN COLLEGE ADOLFSON&PETERSON . STEAMBOAT SPRINGS LEE MACKE REMOVALS, GRADING $75,250 2114022 100% HAYDEN ELEMENTARY SCHOOL WEST ROUTT SCHOOL DISTRICT TYPE OF WORK PAVING REMOVAI, PAVING REMOVALS. PAVING REMOVALS, GRADING, PAVING CONTRACT PERCENT JOB NAME OWNER AMOUNT JOB# COMPLETE LOCATION CONTACT HAYDEN IOE $197,141 2114023 100% SAFEWAY PARKING LOT SAFEWAY, INC. MARY SOLAK $132,480 2114024 100%. THE VILLAS Q WALTON CREEK STFAMBOATASSOCIATION MGMT STEAMBOATSPRINGS HOILIE SUITON $107,390 2114025 100% TENNIS CENTER PARKING LOT IMPROVE CITY OF STEAMBOATSPRINGS SITAMBOAT SPRINGS DANNYPAUL C, J The following equipment is owned and maintained by Connell Resources, Inc. Below is a partial list of equipment highlighting only some of the major pieces in our fleet. All of Connell's fleet is available for use on this project. Scrapers 8 — Caterpillar 627 Scrapers 3 — Caterpillar 615 Scrapers Excavators & Backhoes 5 — Caterpillar 416-436 Tractor/Backhoes 4 — Komatsu 160 Size Track Excavators 4 — Komatsu 200 Track Excavators 5 — Komatsu/Caterpillar 300 Size Track Excavators 6 — Komatsu/Caterpillar 400 Size Track Excavators 1 — Komatsu 600 Track Excavator Front End Loaders 11 — Caterpillar 938 — 950 Front End Loaders 12 — Caterpillar 966 — 980 Front End Loaders 2 — Caterpillar 988H Front End Loader Off Road Haul Trucks 2 — Caterpillar 740 (40 Ton) Haul Trucks • 6 — Caterpillar 735 (35 Ton) Haul Trucks Legal Haul Trucks 10 — Tandem Axle Dump Trucks 19 — Tractor Trucks (Belly Dumps, Side Dumps, Live Bottom Trailers) Track Dozers 2 — Caterpillar D4H Dozers I — Caterpillar D5M Dozer 6 — Caterpillar D6H XL/LGP Dozers 2 — Caterpillar D8T Dozer Paving 1 — Caterpillar 1055D Paver 1 — Blaw Knox PF 4410 Paver 1 — Caterpillar 1055E Paver I —Road Tec Shuttle Buggy— M.T.V. 3 — Caterpillar 1055B Pavers Multiple Sizes & Configurations of I — Carlson 8' Paver Rollers Multiple Sizes & Configurations Trench Boxes Pumps & Generators Multiple 25 KW — 700 KW Generators Multiple 2" — 8" Pumps (Trash, Submersible, Dry Prime) In addition to this equipment Connell Resources, Inc. owns and operates its own asphalt hot plant as well as mining and processing our own aggregates. COLLEGE &a WILLOX INTERSECTION IXWROVEXIENTS TORT COLLINS, CO OWNER: City of Fort Collins j Matt Baker L 970-221-6605 ENGINEER: ' Interest Consulting Group Mike Oberlander 970-674-3300 CONTRACT AMOUNT: $1,674,941 CHANGE ORDERS: 4EA—$91,842 PROJECT START: May 2010 PROJECT COMPLETION: October 2010 CONTRACT TIME: Fixed Completion Oct 15 2010 - CONTRACT TYPE: Unit Price CRI PROJECT MANAGER: Roland Tremble CRI SITE MANAGER: Jeff Laugel UNIQUE JOB ELEMENTS: „ • Reconstructed the intersection of College & Willox under traffic • Maintain business access for all phases of work • Reflective crack intedayer to place asphalt on existing con- ; crete road. -' • Many existing utilities I This project consisted of the complete reconstruction of the intersection Of North College Ave and Willox St. as well as the addition Of a new MATERIAL QUANTITIES: • Extensive Roadway Removals round -a -bout on Willox St. The project scope included extensive demo- , 4,072 Tons Asphalt Paving lition of existing roadways, utility relocations, concrete paving, and as- . Multiple Utility Line Relocations ! phalt paving. This highly visible project was completed under continuous • 7,800 SY Concrete Paving traffic and with minimal disruption of many local businesses. WORK PERFORMED IN HOUSE: 70% of CRI's contract -- Performed in house Connell Resources, Inc. 7785 Highland Meadows Parkway, Suite 100 Fort Collins, CO 80528 IF Phone: 970.223.3151 Fax: 970.223.3191 OWNER: City of Fort Collins Craig Farver 970.221.6605 ENGINEER: Interwest Consulting 303.444.0524 CONTRACT AMOUNT: $5.7 million PROJECT START: March 2007 PROJECT COMPLETION: October 2007 CONTRACT TYPE: Unit Price, Hard Bid CRI PROJECT MANAGER: Dave Simpson . CRI SITE MANAGER: Mark Foster CRI ON -SITE SUPERVISION: Clint Fisher —Pipe Hersh Breen —Base UNIQUE JOB ELEMENTS: Completed within budget and ahead of schedule MATERIAL QUANTITIES: 65,000 CY unclassified Excavation 52,000 SY asphalt milling 1,900 LF sanitary sewer 2,800 LF water main 3,450 LF storm drain < 30" 875 LF storm drain >30" 38,000 tons of base 28,000 tons of asphalt paving WORK PERFORMED IN HOUSE: 65% of CRI contract TIMBERLINE ROAD RECONSTRUCTION FORT COLLINS, CO As the general contractor on this project for the City of Fort Collins Connell Resources performed the milling, earthwork, utility installation, aggregate base course and asphalt paving. This road widening took place in a high traffic area which had to remain open throughout construction; despite the traffic volume this project was completed within budget and ahead of the City's schedule. Connell Resources, Inc. 7785 Highland Meadows Parkway, Suite 100 Fort Collins, CO 80528 Phone: 970.223.3151 Faz: 970.223.3191 NORTH COLLEGE IAIPROVEDIENTS VINE —CONIFER OWNER: City of Fort Collins Randy Maizland 970-281-5658 ENGINEER: City of Fort Collins Kyle Lambrecht 970-692-9209 CONTRACT AMOUNT: $6.0 Million PROJECT START: January 2012 PROJECT COMPLETION: February 2013 CONTRACT TYPE: Unit Price CRI PROJECT MANAGER: Bill Anderson CRI SITE MANAGER: Clay Crisp UNIQUE JOB ELEMENTS: • Pedestiran Bridge • Maintained Business & Pedes- trian Access throughout dura- tion of project MATERIAL QUANTITIES: • 32,430 SY Asphalt Removals 15,500 CY Uncl. Exc. 17,319 Ton Aggregate Base • 6,780 Ton Asphalt Paving • 4,000 LF of Storm Drain WORK PERFORMED IN HOUSE: 62 % of CRI's contract Performed in house FORT COLLINS, CO Reconstruction of North College Avenue from Vine Drive to the Conifer/ Hickory intersection. This project was completed on a US 287/ College Ave while keeping traffic open during reconstruction. Connell Resources, Inc. 7785 Hghland Meadows Parkway, Suite 100 Fort Collins, CO 80528 Phone: 970.223.3151 Fax: 970.223,3191 - - _ .i William S. Anderson _..__._...____! Vice President of Estimating/Project Manager Resume Key Qualifications Mr. Anderson has over 24 years of estimating and construction management experience on a wide range of civil and heavy highway projects. Mr. Anderson manages a staff of seven Estimators and Engineers. He is responsible for project selection and finalizing bids for construction. Education Bachelor of Science in Civil Engineering, Montana State University,1990 Key Experience North College Improvements (Vine - Conifer) - Fort Collins, CO ($6.0 Million) Estimator and Project Manager for the reconstruction of North College Avenue from Vine Drive to the Conifer/Hickory intersection. Grand River Ditch ($215,500) Project Manager for this project in Rocky Mountain nation Park with access through USFS, project challenges included; high altitude, remote project site in an environmentally sensitive area. Replaced Twin 60" HDPE storm run with 309 13'x S' Precast CBC (owner furnished) Tie Siding - Laramie, WY ($9.0 Million) Estimator and Project Manager for blasting, grading, crushing, storm drain improvements, milling, • aggregate base and asphalt paving. This project consisted of: • 40,000 CY of blasting • 90 LF of 10' x 10' Box Culvert • 265,000 CY of grading • 46,000 SY of Milling • 107,000 Tons of crushing • 107,000 Tons of Aggregate Base • 2100 LF of storm drain • 42,200 Tons of Asphalt Paving Front Range Village, Fort Collins, CO ($11.7 million) Project Manager for the earthwork, utilities, and paving on this 106-acre development site with 900,000 square feet of retail space. Embassy Suites, Loveland, CO ($2.8 million) Project Manager for this 9-story hotel with a one-story attached conference center. Located to the Southwest of the existing Budweiser Event Center in Loveland, CO. Mr. Anderson also served as Estimator/Project Manager on the following projects: • Leprino Foods Cheese &r Whey Facility • Fort Collins Loveland Airport Reconstruct &r • Latimer County Road 38 & 5 Rehabilitate GA Ramp • Front Range Energy • Harmony Road Widening Phase 2 • New Belgium Brewery • Frontier Refinery • PVHS Harmony • State Highway 66 Employment History 6/07 - Present Connell Resources, Inc. 11/03 - 6/07 7/90 -11/03 Connell Resources, Inc. Kiewit Pacific Co. Vice President of Estimating Project Manager Senior Estimator Project Manager Senior Engineer/Estimator . — - John M. Warren Vice President of Operations Resume Mr. Warren has over 17 years of experience in heavy civil construction projects. He has managed projects in the transportation industry and residential, commercial, and industrial developments. He has a broad base of project experience with an emphasis in mass grading, drill and shoot excavation, underground utilities, aggregate production, and asphalt paving and production. Mr. Warren provides project management and oversight to site managers and trade supervisors; manages overall construction operations, construction schedules and resource allocation in the Fort Collins area on contracts totaling t$50 million annually. Additionally he reviews quotations and bids; manages pre - construction efforts for contracts that include management of the design process; and negotiates contracts and change orders. Education Bachelor of Science in Construction Management, Colorado State University,1997 Training &t Accreditation Certified Competent Person, Trenching and Shoring. Red Cross Certified First Aid and CPR. Hot Mix Asphalt Construction (QA/QC), Colorado Asphalt Paving Association. OSHA, Certified 40 hour hazardous materials training. OSHA, Certified 10 hour Construction. Key Project Experience Larimer County and CDOT Flood Repair — Larimer County Site Manager for various flood repair projects along the Big Thompson Canyon. Projects included reestablishing flow patterns of streams, excavation of flood placed sediment, slope stabilization, drainage and culvert work, multiple bridge replacements and emergency road repairs. City of Fort Collins Stormwater Design/Build — Fort Collins, CO Connell Resources has teamed up with the COFC to design -build stormwater and pipeline work throughout Fort Collins. Gateway Timnath Improvements - Timnath, CO ($7.0 Million) Construction Manager on these design/assist project. The project brought a trunk sewerline from an existing development to another being built. Multiple municipalities and various landowners were involved in the construction of tlus project. Also, constructed major infrastructure improvements for the Town of Timnath. New Belgium Brewery Bottling Plant Expansion - Fort Collins, CO ($1.0 Million) Mr. Warren was the project manager for the site infrastructure on this design/build, LEED Silver accredited project. Front Range Energy Ethanol Plant - Windsor, CO ($3.0 Million) As the Project Manager for this project, Mr. Warren was responsible for the complete site development of this design/build contract for a new 40 million gallon ethanol plant. Project scope included construction of all plant infrastructures and railroad spur to access Great Western Railroad's mainline. . WamaiPnge2 Tom Landry Freeway - Dallas, TX ($30 Million budget of $98 Million contract) Roadway Construction Manager, responsible for all grading, drainage, underground utility and asphalt paving operations on the project. Managed a budget totaling $30+ million of the $100 million contract, to rehabilitate five miles of Interstate 30 trough downtown Dallas, TX for the Texas Department of Transportation. Crystal Park / Cedar Heights - Manitou Springs, CO Project Manager for this residential design/build roadway and drainage improvement project for the Crystal Park and Cedar Heights Home Owners Association. Responsible for leading the project team (owner, designer, &r contractor) from the budgeting process through design and construction. The project included major stormwater reconstruction, mass excavation, drill and shoot excavation, and asphalt paving. Centennial Airport Runway 10-28 - Centennial, CO Project Superintendent for this a fast -track (45 calendar days) removal and reconstruction of Runway 10- 28 for the Centennial Airport Authority. Wolf Creek Pass Reconstruction - Pagosa Springs, CO Project Superintendent for the complete reconstruction of 7 miles of U.S. Highway 160 over Wolf Creek Pass for the Colorado Department of Transportation. This project included grading, extensive drainage improvements, and asphalt paving. Eisenhower Tunnel Concrete Paving Project Superintendent on the tunnel portal reconstruction project, for the Colorado Department of Transportation, a fast track two -week removal and reconstruction of .5 miles of concrete paving inside the Eisenhower Tunnel. Employment History 2007 - Present Connell Resources Inc. Vice President of Operations Fort Collins, CO 2004-2007 Connell Resources, Inc. Construction Manager Fort Collins, CO - 1997-2004 Kiewit Infrastructure Project Manager/ Superintendent 0 • 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 Gerry S. Paul Director of Purchasing & Risk Management • U 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 i�,lonel • • 0 SECTION 00500 AGREEMENTFORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD DATE: June 16, 2014 TO: Connell Resources Inc. PROJECT: 7650 Timberline & Kechter Right Turn Lanes OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated June 13, 2014 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 7650 Timberline & Kechter Right Turn Lanes. The Price of your Agreement is Two Hundred Eighty -Six Thousand Six Hundred Thirty -One Dollars and Seventy Cents ($286,631.70). 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 July 1, 2014. u 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. 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. Cit of Fo lins OWNER Ur By: G ry S. FVul Director of Purchasing & Risk Management • • SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 16th day of June in the year of 2014 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Connell Resources (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 7650 Timberline & Kechter Right Turn Lanes. ARTICLE 2. ENGINEER The Project has been designed by AECOM. The City Engineering Department who is hereinafter called ENGINEER will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete within forty-five (45) calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within fifteen (15) calendar days after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as Liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: Eight Hundred Dollars ($800.00) for each calendar day or fraction thereof that expires after the forty-five (45) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: • After Substantial Completion, Eight Hundred Dollars ($800.00) for each calendar day or fraction thereof that expires after the fifteen (15) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: Two Hundred Eighty -Six Thousand Six Hundred Thirty -One Dollars and Seventy Cents Dollars ($286.631.70), in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in . accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. If, in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00520 Page 3 for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. • 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as . CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS • 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: 1 TITLE SHEET 2 M & S STANDARD PLANS LIST 3-4 TYPICAL SECTIONS 5 GENERALNOTES 6-7 SUMMARY OF APPROXIMATE QUANTITIES • 8-9 TABULATION SHEETS 10-13 REMOVAL PLAN 14-17 ROADWAY PLAN 18 INTERSECTION DETAIL 19 - 20 ROADWAY PROFILE 21 SIDEWALK DRAIN DETAIL 22 - 25 STORMWATER MANAGEMENT PLAN 26 TABULATION OF TCP TRAFFIC CONTROL 27 - 30 TRAFFIC CONTROL PLAN PHASES 30 TOTAL SHEETS The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers N/A to N/A, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this'restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to'the,other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. A l t , • OWNE ' CI Y OF7FTOINS By:�4 GERRY S.�PAUL DIRECTOR OF PURCHASING AND RISK MANAGEMENT Title: PtQQOZL� E:F j'"" —Sot natP 71, —k Attest: l ILY I ICIN : S� Address for giving notices: AL P. O. Box 580 '• Fort Collins, CO 80522 cOi ••••_i.• Approved as to For A si tant City Attorney CONTRACTOR:CONNELLRESOURCES INC By: 762. PRINTED Title: All, lames-:-4-f Date: b A/ !� l (CORPORATE SEAL) 7 Attest: sec' Address for giving notices: ��5��iaSPoo old �o �o1s�� License No.: 141 0 • 1J • SECTION 00530 NOTICE TO PROCEED Description of Work: 7650 Timberline & Kechter Right Turn Lanes To: Connell Resources Inc. This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within (_) calendar days from receipt of this notice as required by the Agreement. Dated this day of 20_ The dates for Substantial Completion and Final Acceptance shall be 20_and _ , 20_, respectively. • City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this _day of 20_ CONTRACTOR: Connell Resources Inc. By: Title: 0 SECTION 00100 INSTRUCTIONS TO BIDDERS • 11 SECTION 00600 • BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate L 0 SECTION 00610 PERFORMANCE BOND Bond No. 106050051 KNOW ALL MEN BY THESE PRESENTS: that Connell Resources Inc. 7785 Highland Meadows Parkway, Suite 100, Fort Collins, CO 80528 (an Individual), (a Partnership), orporatio hereinafter referred to as the "Principal" and (Firm) Travelers Casualty and Surety Company of America (Address) ` One Tower Square, Hartford, CT 06183 hereinafter referred to as "the Surety", are:held and,frmly bound unto City of Fort Collins. 300 Laporte' Ave, Fort -Collins, Colorado'80522 a (Municipal: Corporation) hereinafter referred to as the "OWNER", in the penal sum of Two Hundred Eighty -Six Thousand Siz Hundred Thirtv-One Dollars and Seventy Cents Dollars ($286.631.70) 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 1_6' day of June; 2014,;a copy of which is hereto attached and made a part hereof for the perforr6an0e of The City of Fort Collins Project, 7650 Timberline & Kechter Right Turn, Lanes. NOW, THEREFORE, if the Principal shall well,*truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreementduring 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.penod,.and if the,Principal shall satisfy all claims and -demands incurred under such,Agreement; and'shallrfully.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; extensionof time, alteration or addition to the terns of the Agreement,& to the Work to be.perfonned thereunder or the Specifications. accompanying the. sameshall:in any way affect its obligation on this bond; and does hereby waive,notice.of any such change, extension of time, alteration or addition to the -terms of the•Agreement+or to the Work or to the Specifications. PROVIDED; FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim. may be unsatisfied: PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. . IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 23rd day of June 2014. Principa C��II �sources, Inc. (Title) 7785 Highland Meadows Parkway #100 (Corporate Seal) Fort Collins. CO 80528 (Address) IN PRESENCE OF: -Other Partners By: By: IN PRESENCE OF: Surety rave e ���yyy�}}��---��:��. �p mirs Casualty and Sure Company of America i: _l.�i 1 By: .1��U..O.Mfz.�iv,,.nti�� jJ Diane F. Clementson, Attorney--in-Fact yUtnecs One Tower Square, Hartford, CT 06183 (Address) (Surety Seal) NOTE: Date of Bond must,not be prior to date of Agreement. If CONTRACTOR Is Partnership, all partners should execute Bohd. • �• SECTION 00615 PAYMENT BOND Bond No. 106050051 ' KNOW ALL MEN BY THESE PRESENTS: that Connell Resources Inc. 7785 Highland Meadows Parkway, Suite 100, Fort Collins; CO 8b528 (an Individual), (a Partnership), orporatio hereinafter referred to as the "Principal" and (Firm)Travelers Casualty and Surety Company of America (Address) One Tower Square, Hartford, CT 06183 hereinafter referred'.to as "the.Surety", are held and firmly bound unto the City of Fort.Collins. 300 Laporte Ave.. Fort Collins. Colorado 80522'a.(Municipal Corporation) hereinafter referred ,to - as "the OWNER", in the penal,sum of Two Hundred Eiohty-Six Thousand: Six Hundred Thirty - One Dollars and Seventy Cents Dollars ($286.631 70) in lawfuloney_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 16th day of'June, 201d,-a copy of which1s- hereto attached and made a part hereof for the. performance of The City of Fort Collinst Project, pp 7650 Timberline & Kechter Right Turn Lanes. t,. 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 ormodification thereof, including . all amounts due for materials, lubricants; repairs on machinery, equipment and tools, consumed; rented or used in connection withthei construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether bysubcontractor 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 oraddition:to the.terms.of the Ag eementor to the Work to be performed thereunder or the Specifications accompanying;the same shall in any way affect its obligation onahis bond; and itdoes Hereby waivesnotice of any such change, extension of time, alteration or addition to the terms of the Agreemenfor 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 maybe unsatisfied: PROVIDED, FURTHER; that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the,OWNER. IN WITNESS WHEREOF, this instrument is executed inthree:(3) counterparts, each one of which shall be deemed an original, this 23rd day of June 2014. Principa Connel a urces, Inc. (Title) 7785 Highland Meadows Parkway #100 (Corporate Seal). Fort Collins. CO 80528 _ (Address) IN.PRESENCE OF: Other Partners. By: By: IN PRESENCE OF: Surety Travelers Casualty and Surety Company of America Diane F. Uemen son, omey-m-Fact Witness One Tower Square, Hartford, CT 06183 - l (Address) .. (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTORis Partnership, all partners should execute Bond:`. 11 TRAVELERS/ J POWER OF ATTORNEY Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United Slates Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -in Fact No. 226237 Certificate No. 005703393 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters. Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"). and that the Companies do hereby make, constitute and appoint Darlene Krings, William C. Bensler, Kelly T. Unviller, Diane F. Clementson, Anthony P. Stimac, Royal R. Lovell, Russell D. Lear, Katherine E. Dill, K'Anne E. Vogel, Jennifer Winter, Steve J. Blohm, and Wesley J. Butome of the City of Greeley . State of Colorado , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of 1, contracts and executing or guaranteeing bonds and undertakings required �n�cn��,\princeedings allowed by law. WITNEgS WHEREOF, the Compari es have caused this instrum e tj a signed and theircorporateseals to be hereto affixed, this Sth November 2a13 Farmington Casually Company' -�*j Fidelity and Guaranty ,Insuranc C mpany Q Fidelity and Guaranty Insura ce Underwriter St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company or America United Slates Fidelity and Guaranty Company Gx6"4<rl i! PE 4 �l, .... SG P V9 '!�i Mp Npyylll Y•-V O2 9 OR1 60 maim :foPP IM r �:r0441�T. P ° gh 19aS o �: — iF - .n 4 NWIiOm, H1RIt0in. sd 1977 g;SEALo^t %SHdL;� Iowa 4r o IcJ \ +O` JUMP, uil uii State of Connecticut City of Hartford ss. By: 4-14 Robert L. Raney, <nior Vice President On this the 8th day of November 2013 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p,Tf► �n official Witness Whereof, I hereunto set my hand and ocial seal. y Commission expires the 30th day of June. 2016. P AbBl��s* Marie C. Tetreault, Notary Public 58440-8-12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second V President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on beh le of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her, and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any pan of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and'the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United -States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a we and correct copy of the Power of Attorney executed by said Companies, whichJs in full force andyeffect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seats of said Companies this 23rd day of June , 20 Kevin �E Hughes, Assistant Sec [ary 1PPo[iA,aY}xLa�s9 ,io�.,nauyaa n �•` co _..o9)719 Y'WSl� 'p To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. 11 Client#- 14427 CONREI ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MMs/zalzol0'1'4 YY) 1a 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 ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED EPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) 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 endomement(s). PRODUCER Flood & Peterson Ins., Inc. P. O. Box 578 Greeley, CO 80632 CONTACT NAME: Nikki MOsbrucker (NONE 970 266-7123 970 506-6823 A/C No Ell: A/C No ADDRESS: nmosbrucker@floodpeterson.com INSURER(S) AFFORDING COVERAGE NAIC# 970 356-0123 INSURER A: Travelers Insurance Company INSURED Connell Resources, Inc. 7785 Highland Meadows Parkway #100 Fort Collins, CO 80528 INSURER B : Pinnacol Assurance INSURER C NSURER O: INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR rypE OF INSURANCE ADDLSUBR INSR WVD POLICYNUMBER POLICY EFF MMIDD/YYYY POLICY EXP MWDD/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERALLIABILIry CLAIMS -MADE 51OCCUR X X DTC04794N532- IND14 0610112014 06/0112016 EACH E1 000000 q �OECCTURRENCE PREMISES EaENTED nce an.) s3000OO MEDEXP(Anyoneperson) $10000 PERSONAL& ADV INJURY E1 000 000 GENERAL AGGREGATE E2 000,000 GEML AGGREGATE LIMIT APPLIES PER: POLICY X PRO- JECT LOC PRODUCTS - COMP/OP AGO E2000000 E AUTOMOBILE LIABILITY X ANY AUTO ALL OAUTOWNED SCHECULED X H REDSAUTOS X NONO MED AUTOS X X DT8104794N532- TIL14 061011201406101/201 COMBINED SINGLE LIMIT 1,000,000 BODILY INJURY (Par person) E BODILY INJURY (Per accident) E PROPERTY DAMAGE Per aoddent E E A )( UMBRELLA LIAR EXCESS LIAB J( OCCUR CLAIMS -MADE X X DTSMCUP4794N532- TIL14 Follows Form 6101/201406101/201 EACH OCCURRENCE $10000000 AGGREGATE E10000 000 DED RETENTIONS E B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE _N] OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If yes, desrnt a under DESCRIPTION OF OPERATIONS W. NIA X 4029651 6101/2014 06/011201 X WCSTATU- ETH- ly LIMIT ER E. L. EACH ACCIDENT E500000 E. L. DISEASE- EA EMPLOYEE $500000 E.L. DISEASE- POLICY LIMIT $500 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, U more space Is required) RE: CRI# 2141041 - 7650 Timberline & Kechter Turn Lanes The City, its officers, agents and employees; and Colorado Department of Transportation are named as additional insured, but only as respects liability arising out of work performed by the named insured (Excluding Workers' Compensation). A waiver of subrogation applies. Cityof Fort Collins SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 580 ACCORDANCE WITH THE POLICY PROVISIONS. Fort Collins, CO 80522 AUTHORIZED REPRESENTATME @ 1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S903322/M892257 NIK SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. • 0 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT TITLE: 7650 Timberline & Kechter Right Turn Lanes PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins. Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: Connell Resources Inc. CONTRACT DATE: June 16, 2014 The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER REMARKS: AUTHORIZED REPRESENTATIVE • 0 u SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. • 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 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 • SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE ,20 TO: Connell Resources Inc. Gentlemen: You are hereby notified that on the day of , 20_, the City of Fort Collins, Colorado, has accepted the Work completed by Connell Resources Inc. for the City of Fort Collins project, 7650 Timberline & Kechter Right Turn Lanes. 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 June 16, 2014. 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: C� SECTION 00650 • LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins. Colorado (OWNER) FROM: Connell Resources Inc. (CONTRACTOR) PROJECT: 7650 Timberline & Kechter Right Turn Lanes 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. 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. 0 • Signed this day of ATTEST: 20_ CONTRACTOR: CONNELL RESOURCES INC. By: Title: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20_, by 0 Witness my hand and official seal. Notary Public My Commission Expires: 0 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Connell Resources Inc. PROJECT: 7650 Timberline & Kechter Right Turn Lanes CONTRACT DATE: June 16, 2014 In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of 20_ . (Surety Company) M ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. E U • • SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (12198) 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) Cal DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) Period 0170-750 (999) $0.00 89 - CONTRACTOR INFORMi4TION Trade name/DBA: Owner, partner, or corporate name: Mailing address (City, State, Zip): Contact Person E-Mail address: Federal Employeea Identification Number: Bid amount for your contract: Fax Number Business telephone number. ( ) cobrado withholding tax account number. Copies of controM or agreementpages (1) identifying the contracting parties =E�XEMPTIONrINFORM/�TION and(2);containingsignaturesofcontraeting�parliesmustbeattached. �. 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: Prinrdpal contact'a telephone number: Physical location of project site (give actual address when applicable and Cities and/or County (as) where project is located) scheduled Month Day Year Estimated Month Day Year construction stall date: completion data I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer. Date: DO NOT WRITE BELOW THIS LINE Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. • SECTION 00700 GENERAL CONDITIONS • GENERAL CONDITIONS _ Al CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, F1CDC No. 1910-8 (1990 Edition), as a base. Changes to that document are shown by underlining text that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9199) • C� I Article or Paragraph Numhcr a Title te.. 151 Me, TABLE OF CONTENTS OF GENERAL CONDITIONS Page Article or Paragraph Number Number '&Title 1.1 Addenda.............................................:1 1;2 Agreement.........................................1 1.3 Application for Payment, ...................... 1 1.4 Asbestos .............. _ ......1 1.5 Bid.....................................................1 1.6 Bidding Documents ..............................1 1.7 Bidding Requirements..........................j 1.8 Bonds;. ................................ ............... 1.9 Change Order ...... ............................_.I 1:10 Contract Documents .............................. 1 1.11 Contract Prig - 1 1.12 Contract Tunes„,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1 L13 CONTRACTOR,,,;,,,,,,,,,,,,,,,,,,,,;,,,,,,,;,1 1.14. defective ............................................:1 1.15 Drawings_ .................:.......................1 1.16 Effective Date of the Agreement,.....,,_ I 1.17 ENGINEER I 1.18 ENGINEERS Consultant L19 Field Order...............:......:..................I 1:20 General Requirements ........................2 1.21 Hazardous Waste ...... ...................... ....:2 1.22.a laws and Regulations; Laws or Regulations L22.b ...................................... Legal Holidays ..................................... 123 Liens..................................................2 1.24 milestone_.. ...................... ....... 2 1.25 Notice of Award ................................. 2 1.26 Notice to Proceed 2 1.27 OWNER.............................................2 1.28 Partial Utilization 2 1.29 PCBs .................................................? 1.30 Petroleum ...........:..................:...........:? 1.31 Project...............................................2 1.32.a Radioactive Material, 2 1.32.b Regular Working Hours ........................ 2 1.33 Resident Project Representative,--,,,-,,,,,2 1 '34 Samples..............................................2 1.35 Shop Drawings ....... ............. ............._2 1.36 Specifications.....................................2 1:37 Subcontractor ....................................? 1.38 Substantial Completion ................... _2 1.39 Supplementary Conditions,, ................. 1.40 Supplier :............. ...... ................:..... 1.41 Underground Facilities_ ................... 1-3 1.42 Unit Price Work.................................3 1.43 Work.................................................:3 1.44 Work Change Directive .................:.....3 1.45 Written Amendment ..................4........3, Page Number PRELDAINARY MATTERS ................... ..... ,.... _:3 2.1 Delivery of Bonds .............................$ 2.2 Copies of Documents::................„:„3 2.3 Commencement of Contract Timis; Notice to Proceed,,,,,;,,,,,,,;; 3. 2.4 Starting the work ....... ............. ...... 3 2.5-2.7 Before Starting Construction: CONTRACTORS Responsibility to Report; PreliminaryScheddes; Delivery of Certificates of Insurance ................................... 3-4 2.8 Preconstruclico Conference - 4 2.9 Initially Acceptable Schedules .......... 4 3. CONTRACT DOCUMENTS: INTENT; AMENDING. REUSE... .... ,.... _:.___.............. .....A 3.1.3.2 Intent ........................................ _... A 3.3 Reference to Standards and Speci-. Rialicns of Technical Societies, Reporting and Resolving Dis- crepancies ................................. 4-5 3.4 Intent of Certain Terms or Adjectives.....................................5 3.5 C Amending ontract Dceanenuk........ 5 3.6 Supplementing Contract Documents., ................................. 5 3.7 Reuse of Docum ents.........................5 4. AVAILABILITY OF LANDS;. SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS .......... __.......................... 5 4.1 Availability of Lands.....................5-6 4.2 Subsurface and Physical Conditions '6 4.2.1 Reports and Drawings......................0 4.2.2 Limited Reliance by CONTRAG TOR Authorized: Technical Data.............................:...... �.......6 4.2.3 Notice of Differing Subsurface or Physical Conditions ,,,,,,,,,,,,,„-„6 4.2.4 FNGRJEER's Review 6 4.2.5 Possible Cantrvat Documents Change......................................... 4.2.6 Possible Prim and Times Adjustments... _...........................0-7 4.3. Physical Condtions--Underground Facilities .:..................................... 7 4.3.1 Shown or Indicated .......................... 4.3.2 Not Shown or Indicated,,,,,,,,,,,,;, 4.4 Reference Points ..................... „_,,,,-„7 E1CDC(IC•NERAL CONDITIONS 1910.8(IM EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 91") Article or Paragraph Page Article or Paragraph Page • Number&Title Number Number &Title Number 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material,,,,,,,,,,,,,,,,,,,, 7-8 5. BONDS AND INSURANCE .................. ....:.......... 8 5.1-5.2 Perform ante. Payment and Other Bonds.............................................. 8 5.3 Licensed Sureties and Insurers; Certificates of Insurance.,_._.._ _.8 5.4 CONTRACTOR's Liability Insurance .........................................9 5.5 OWNER's Liability Insurance,,,,,,,,,,,,,, 9 5.6 Property Insurance ........... ....... ....... 9-10 5.7 Boiler and Machinery or Addi- tional Property Insurance ................. 10 5.8 Notice of Cancellation Proision..,_.,_. 10 5.9 CONTRACTOR'S Responsibility for Deductible Amounts 10 5.10 Other Special Insurance,,,,,,,,,,,,,,,,,,,,, 10 5.11 Waiver of Rights ............................ _.I1 5.12-5.13 Receipt and Application of Insurance Proceeds,,,,,,,,,,,,,,,,,,,,, 10-11 5.14 Acceptance of Bonds and Insu- ance; Option to Replace,,,_,__,,,,,,, 11 5.15 Partial Utilization --Popery Insurance ....................................... 11 6. CONTRACTOR'S RESPONSIBILITIES ............... 11 6.1-6.2 Supervision and Superintendent@,,,,,,, 11 6.3-6.5 Labor, Materials and Equipment__. 11-12 6.6 Progress Schedule..............................122 6.7 Substitutes and "Or -Equal" Items; CONTRACTOR's Expense; Substitute Construction Methods or Procedures; F.NGINEER's Evaluation- ..... ..... 12.13 6:8-6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights__.13-14 6.12 Patent Fees and Royalties, .................. 14 6.13 Permits ............................................. 14 6.14 Laws and Regulations ................ _...... 14 6.15 Taxes ........................................... 14-15 6.16 Use of Premises ................................. 15 6.17 Site Cleanliness ................................ 15 6.18 Safe Structural Loading.....................15 6,19 Record Documents .............................15 6,20 Safety and Protection ........ _........... 15-16 6.21 Safety Representative ......................... J6 622 Hazard Communication Programs,,,,,, 16 6.23 Emergencies ..................................... 16 6.24 Shop Drawings and Samples,,,,,,,,,,,,,, 16 6.25 Submittal Prbceedures: CON- TRACTOR's Review Prior to Shop Drawing or Sample Submittal .................................... 16 6.26 Shop Drawing & Sample Submit- tals Review by ENGINEER,,.,,, 16-17 6.27 Responsibility for Variations From Contract Documents........... 17 6.28 Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals ................................... 17 6.29 Continuing the Work,,,,,,,,,,,,,,,,,,,,, 17 6.30 CONTRACTOR's General Warranty and Guarantee .............. 17 6.31-6.33 Indemnification . .. ............ ..........17-18 634 Survival of Obligations ...................J8 7. OTHER WORE ............................... :... .............. 18 7.1-7.3 Related Work at Site,,,,,,,,,,,,,,,,,,,,,,, 18 7.4 Coordination .............. ...... ........... 18 S. OWNER'S RESPONSIBILITIES ......................... ) 8 8.1 Communications to CON- TRACTOR ................................. 18 8.2 Replacement of ENGINEE( ..........18 8.3 Furnish Data andPay Promptly When Due .................................. 18 8.4 Lands and Easements; Reports and Tests.............................._18-19 8.5 Insurance ....................................... 19 8.6 Change Orders .............................. 19 8.7 Inspections. Tests and Approvals... ................................ 19 8.8 Stop or Suspend Work; Terminate CONTRACTOR's Services ...................................... 19 8.9 Limitations on OWNER'S Responsibilities ................. ......... 19 8.10 Asbcsus, PCBs, Petroleum, Hazardous Waste or Radioactive Material__„_,_.....,_..... 19 8.11 Evidence of Financel Arrangements..............................19 ENGINEER'S STATUS DURING CONSTRUCTION... _ .........................._............ 19 9.1 OWNER'S Representative,,,,,,,,,,,,,,, 19 9.2 Visits to Site. ................................. 19 9.3 Project Representative ............... i 9-21 9.4 Clarifications and Interpre- rations........................................ 21 9.5 Authorized Variations in V&k........ 1 WCDC GENERAL CONDMON61910.9 (1990 EDITION) w! CITY OF FORT COLLINS MODIFICATIONS MV 9/99) ability of the bidder to provide future maintenance and service for the use of the • subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without • exception the Bid is premised upon performing and.furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 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. • • Article or Paragraph Page Article or Paragraph Number & Title Number Number & Title 9.6 Rejecting Defective Work,,,,,,,,,,,,,,,,, 21 9.7-9.9 Shop Drawings, Change Orders and Payments ......... ......... ........ .:........ 1 9.10 Determinations for Unit Prices,...,, 21-22 9.11.9.12 Decisions on Disputes; ENGI- NEER as Initial Interpreter,,,,, 22 9.13 Limitations on ENGINEER'S Authority and Responsibilitiq..... 2-23 CHANGES IN THE WORK ....................................... 23 10.1 OWNER'S Ordered Change................73 14. 10.2 Claim for Adjustment, ......... ............ 23 10.3 Work Not Required by Contract Documents ....................................: 23 10.4 Change Orderg................... ............... 3 10.5 Notification of Surctg,._____.23 CHANGE OF CONTRACI' PRICE .................._.........23 11.1-1 L3 Contract Price; Claim for Adjustment; Value of the Work ................................... 23-24 11.4 Cost of the Work ..........................24.25 11.5 Exclusions to Cost of the Work.........25 11.6 CONTRACTOR's Fee,,,,,,,,,,,,,,,,,, 25 11.' Cost Records ........ ......................... 25-26 11.8 Cash Allowances,,,,,,,,,,,,,,,,,,,,,,;,,,,,,,26 11.9 Unit Price Work................................26 CHANGE OF CONTRACT THAES ..........:...... ...26 12.1 • Claim for Adjustment,,,,,,,,,,,.. ,,, 26 122 Time of the Essenc4 ..........................26 12.3 Delays Beyond CONTRACTOR's Control ...................................... 26-27 12.4 Delays Beyond OWNER's and CONTRACTOR's Control...............27 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK..................................................27 13.1 Notice of Defects...............................27 13.2 Access to the Work_ .._._......... ........_27 13.3 Tests and Inspections; CONTRACTOR's Cooperation .......... 27 13.4 OWNER's Responsibilities; Independent Testing Laboratory,,,,,,, 27 13.5 CONTRACTOR's Responsibilities ...............................27 13.6-13.7 Covering Work Prior to Inspec- tion, Testing or Approval, ................ 27 13.8-13.9 Uncovering Work atENGI- Page Number NEER's Request .................... V-28 13.10 OWNER May Stop the Work........: 28 13.11 Cortcction or Removal of Defective Work ...........................78 13.12 Correction Period .......................... 28 13.13 Acceptance of Defective Work. ......28 13.14 OWNER May Correct Defective Work 28-29 PAYMENTS TO CONTRACTOR AND COMPLETION ........ --- .................................. 29 14.1 Schedule of Values,,,,,,,,,,,,,,,,,,,,,,,, 29 14.2 Application for Progress Payment .................................... . 29 14.3 CONTRACTOR's Warranty of Title.......................................... 29 14.4-14.7 Review of Applications for Progress Payments,,,,,,,,,,,,,,,,; 29-30 14.8-14.9 Substantial Completion,,,,,,,,,,,,,,,,,, 30 14.10 Partial Utilization .....................30-31 14.11 Final Inspection .............................31 14,12 Final Application for Payment ....... .31 14.13-14A4 Final Payment and Acceptance ....... 31 14.15 Waiver of Claims„....................31-32 15. SUSPENSION OF WORK AND TERMINATION .............................................. _32 15.1 OWNER May Suspend Work .......... 32 15.2-15.4 OWNERMay Terminate...., 32 15.5 CONTRACTOR May Stop Work or Tenn inate ................ 32-33 16. DISPUTE RESOLUTION 17. MISCELLANEOUS ............................. _........._ 33 17.1 Giving Notice ................................ 33 17.2 Computation of Timm. ............... .... 33 17.3 Notice of Claim 33 17.4 Cumulative Remedies 33 17.5 Professional Fees and Cohn Costs Included ...................:...,,_33 17.6 Applicable State Laws,,,,,,,,,,,,,,, 33-34 Intentionally left blank.......................................35 EXHIBIT GC -A; (Optional) Dispute Resolution Agreement ....................GGAI 163-16.6 Arbitration .... .................. ........ QC -Al 16.7 Mediation,,, ............................ GC -AI 5rCDC GENERAL CONDITIONS 1910.9 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS XV 91") INDEX TO GFNE:RAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of - Bonds and lnmmnce........................................5.14 defective Work...., ....................... 10A.1, 13.5, 13.13 final pajTncnt........... I ..............:.: _.._....9.12, 14.15 insurance ......................................................... 5.14 other Work. by CONTRACTOR ................. ......... 7.3 Substitutes and "Or -Equal" Items.....................§.7.1 Work by OWNER..............................2.5, 6.30, 6.34 Access to the -- Lands, OWNER and CONTRACTOR responsibilities ................ .............................4.1 site, related Work .............. ............ ........ ........... .2 Work . .......................................... 13.2. 13.14. 14.9 Acts or Omissions--, Acts and Omissions-- .CONTRACTOR...................................6.9.1, 9.13.3 ENGINEER..............................___......6.?0, 9.13.3 OWNER....................................................6.20, 8.9 Addenda --definition of (also see definition of Specifications)(L6, 1.10. 6.19). 1.1 Additional Property Insurances, ................................. 5.7 Adjustments - Contract Price or Contract Times ........................... 1.5, 3.5, 4.1, 4.3.2, 4.5.2. ..............................4.5.3, 9.4. 9.5. 10.2-10.4, ......................................... 11. 12. 14.8. 15.1 progress schedule ....... .....:..._.............. ............... .6 Agreement-. definition of......................................................).2 "AII-Risk' Insurance. policy form............................j.6.2 Allowances, Cash .................................................... 11.8 Amending Contract Document; ................................ 3.5 Amendment. Written-- - in general................). 10, 1.45, 3.5, 5.10, 5.12, 6.6.2 .........................G.8.2, 6.19, 10.1, 10.4, 11.2 .................. I................. 12.1, 13.12.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to .................. ....... .9.10,'9.11. 10.4. 16.2, 16.5 Application for Payment -- definition o(......................................................).3 ENGINF.F.R's Responsibility ............................... 9.9 "final payment.................9.13.4, 9.13.5, 14.12-14.15 in general ....................... _', .8, 2.9, 5.6.4, 9.10, 15.5 Progress payment ............... :...................... 14.1-14.7 review of ... ...................... ............ ..... ..__14.4-14.7 Arbitration.....................................................16.1-16.6 Asbestos -- claims pursuant thereto ................ ......... 4.5.2, 4.5.3 CONTRACTOR authorized to stop Work,..,,.,,,, 4.5.2 .definition of........................................................1.4 Article or Paragraph Number OWNER responsibility for........................._..4.5.t, 9.10 possible price and times change,,,,,,,,,,,,;,,,,,,,,,, 4.5,2 k. Authorized Variations in Wor........ 3.6, 6.25, 6.27, 9.5 Availability of Lands., ......... ..................... 4.1. 8.4 Award, Notice of --defined ....................................... 1.25 Before Starting Construction ......... :.................... 2.5-2.8. Bid --definition of, ................... .... 1.5 (l.l, 1.10, 2:3, 3.3. .._...._.............. 4;2.6.4, 6.13, 11.4.3,'1IA1) Bidding Documents -definition of...................................................).6(6.8.2) Bidding Requirements= -definition of ...................... I ........... ....... 1.7(LI. 4.2.6.2) Bonds -- .acceptance of.. ......................................... _._....5.14 additional bonds 10.5, 11.4.5.9 Cost of the Work ............................................. 11.5.4 definition of.......................................................1.8 delivery of...................................................2.1, 5.1 final Application for Payment ,.......... _..... 14,12-14.14 general ...................................... 1.10, 5.1-5.3, 5.13, -...................................... 9.13, 10.5, 14.7.6 Performance, Payment and Other ....... ........... 5. 1-52 Bonds and Insurance -=in general.................................5 Builder's risk "all-risk" policy fonR_.............. _..... 5.6.2 Cancellation Provisions, Insurance..._..._ 5.4.11. 5.8, 5.15 Cash Allowances, ................................................... 11.8 Certificate of Substantial Completion......, 1.38, 6.30.2.3, ..................................................14.8. 14.10 Certificates of Inspection ...................9.13.4. 13.5, 14.12 Certificates of Insurance,,,,,,,,,,,,, 2.7, 5.3, 5.4.11, 5.4.13, .......................5.6.5, Change in Contract Price— Cash Allowances .............................................. 11.8 claim for price adjustment............ 4.1, 4.2.6, 4.5, 5.15.6.8.2. 9.4 ................... 9.5. 9.11. 10.2. 10.5. 11.2..13.9, 33.13, 13.14, 14.7, 15.1. 15.5 CONTRACTOR's fee ......................................... 11.6 Cat of the Work general .............................................. _ 11.4-11.7 Exclusions to ...............................:......_....:: 11.5 Cost Records.....................................................11.7 in general.............J.19, 1.44, 9.11. 10.4.2, 10.4.3. 11 Lump Sam Pricitg.......................................... 11,3.2 Notification of Surety ......................................... 10:5 Scopeof .................................................... 10.3-10.4 Testing and Inspection, Uncovering the Work .................................. 13.9 Hia)c GENERAL COND1n6N81910.8 (1990 ED1110M w/ OrY OF. FORT COLLINS MODIFICATIONS (REV 9/99) n U • A • Unit Prim Work.._........................_._...__.1L9 .CONTRACTOR's Fec.........._.._.....__._.........._11.6 I* 0 Article or Paragraph Number Value of Work.................................................11.3 Change in Contract Times -- Claim for times adjustment ........ A.1, 4.2.6,:4.5, 5,15, .... ... 6.8.2, 9.4, 95, 9.11, 10.2, 10.5, 12.1, ... ,,,,,.13.9, 13.13, 13.14, 14.7. 151, 15.5 Contractual time ..lhn its: .............. ......... :..... A2.2 "Delays beyond CONTRACTOR's control..:.:...:.............................:.....:.....:.... 12.3 Delays beyond OWNER's and CONTRACTOR's control ..... :...................... 12.4 Notification of surety :.... .................................... 10.5 Scope of change......................................:.10.3-10.4 - Change Orders-- .Acceptance ofDefecdve Work ,,,,,,,,,,,,,,,,13.13 Amending Contract Documents,,,,,,,,,,,,,;,, ,,,,,,,,3.5 Cash Allowances .............................................. 11.8 Change of Contract PricG............ ............ ............. I I Change of Contract Times,,,,,,......_ ..................._12 Changes in the Work ........ :........ ::...::...... :_,.-.... 10 CONTRACTOR's fee........................................11.6 Cant of the Work ...................................... 11.4-11.7 Cast Records 11.7 delmition of ...................... a...............................1.9 emergencies ................ .......... ............ ..:............ 0--23 ENGINEER's responsibility_ _.....9.8. 10.4. 11.2. 12.1 execution a( .....................................................)0.4 Indemnifiction .........................0.12, 6.16, 6.31-6.33 Insurance; Bonds and ...................... 5.10, 5.13, 10.5� OWNER may. terminate..............................15.2-15.4 OWNER's Responsibility.............................$.6, 10.4 Physical Conditions - Subsurface and.............................................4.2 Underground Facilities ............................ 4.3.2 Record Documents.,6; 19 Scope of Change.:......................................10.3-10.4 Substitutes ............................................. 6.7.3. 6.8.2 Unit Price Work - 11.9 value of Work,covered by-, ..................... ... 11.3 Changes in the Work ..... .....__.......... I ...... .................. 10' Notification of surety..... ......... ...........................10.5 OWNER's and CONTRACTOR's responsibilities ......._.:..... ..:.... :................... 10.4 Right to an adjustment ...................................... 10.2 Scope of change........................................10.3-10.4 Claims -- against CONTRACTOR ................................... 6.16 against ENGINEER ......................................... 6.32 against OWNER..............................................6 32 Change of Contract Prim ........................... 9.4. 11.2 Change otCmtract Times._.......................9.4, 12:1 CONTRACTOR's.............4, 7.1; 9.4, 9.5, 9:11, 10.2, ...........................I 1.2, 11.9. 111, 13,9,.14.8, ................- .............. I......... 15.1, 15.5. 173 Article or Paragraph Number CONTRACTOR's liability,,.,,,,:.. 5.4, 6.IZ 6.16, 6.31 Cost of the Work .:.................................... 11.4, 11.5 Decisions on Disputes, ..............................9.11, 9.12 Dispute Resolution ................ ..........16.1 Dispute Resolution Agreemen(,, ....... ENGINEER as initial interpretof ... :::.......... - .... 9.11 Lump'Sum Pricing ......................................... 11.3.2 Notice of _ .......:..............:..............._..........::... 17.3 OWNER's....................9.4, 0.5, 9.11, 10.2, 11.2, 11.9 ........................12.1, 13.9,13.13,13.14,17.3 OWNERS liability ...... ............. ........................... .5 OWNER may. refuse to make payment,;,,,,,,,,,,,,,;14.7 Professional Fees and Court Costs - Included.._._,._ .....:......... 7.................. .... 17.5 request for formal decision on.............................9.11 substitute Items ............................................... 6.7.1.2 Time Extension.................................................12.1 Time requirements ................................... 9.1I, 12.1 Unit Price Work.:_ ...... :....:...... :.......... .......... 11.9.3 Valueof...........................................................).1.3 Waiver of. -on Final Paymenf..............14.14, 14.15 Work Change Directive,,,,,,,,,,,,,,,,,,,,,,,, _........... 10.2 written notice required„ ............... ...9.11, 11.2, 12.1 Clarifications and Interpretation$,,,,,,,,,,,, 3.6.3, 9.4.9.11 Clean Site .----._ .............................. .@.17 . Codes of Technical Society, Organization or Association..................................................3.3.3 Commencement of Contract Times ................. 2.3 ........... Communications - ,general ......................... .................... :4-2, 6.9.2, 8.1 Hazard Communication Programs......................6.22 'Completion - Final Application for Payment ..........................14.12 Final inspection .............................................. 14.11 Final Payment and Acceptance,,,,,,,,,,,,,,, 14.13-14.14 Partial Utilization" ,,,,,,,,,,,,,,,,,;,,,,,,,,;,,,,,,,,,,,,, 14.10. Substantial Completion 1.3g, 14.844.9 Waiver of Claims ............................................ 14.15 Computation of Times_ ............................. 17.11-17:2.2 Concerning Subcontractors, Suppliers .and Others ................................................. 6.8-6.1 I Conferences -- initially acceptable schedules .............................. 2.9 precoistruction..................................................2.8 Conflict, Error, Ambiguity, Discrepancy-- CONTRACTOR to Report .......... ... _......... 2.5, 3.3.2 Construction, before starting by - CONTIZACTOR........................................... 2.5-2.7 Coristniction Machinery, Equipment, etc,,,,,,, , ...... 6.4 Continuing the Work .................................... 6.29, 10.4 Contract Documents - Amending..........................................................3.5 Bonds............................................................. 5.1 F.JCDC (ENERAL CONDITIONS 191a-8 (199a minOt) W/CITY OF FORT COLUNS MODISCAnONS (REV 9/99) Cash Allowances .................... 11.8 Stop Work requirements......... .._ .....--............-4.5.2 • . - CONTRACTOR's- Article or Paragraph Number Change of Contract Price .................................... 11 Change of Contract Timers .... .............................. 12 Changes in th'e Work ................................ 10.4-10.5 check and verify ............................. ..:........ ........ 2.5 Clarifications and lnterpretations ........................ 3 2, 3.6. 9.4, 9.11 definition of ............................... _..... ..........1.10 ENGINEER as initial interpreter of..,.......-:....... 9.11 ENGINEER as OWNER's representative„-,,,,-..... 9.1 genera13 Insurance...........................................................5.3 Intent........................................................3.1-3.4 m inor variations in the Work ...... ........................ 3,6 OWNER's responsibility to furnish data..... __:... .3 OWNF.R's responsibility to make prompt payment ......................... 8:3, 14.4, 14.13 precedence................................................3.1. 3.3.3 Record Documents ........................................... 0.19 Reference to Standards and Specifications of Technical Societies ................................... 3.3 Related Work ................................... ......... :....... 7.2 Reporting and Resolving Discrepancies;,,,,,,, 2:5, 3.3 Reuseof............................................................ 3.7 Supplementing..................................................3.6 Termination of ENGINEER's Employment.......... 8.2 Unit Price Work................................................11.9 variations ......................................... 3.6, 6.23, 6.27 Visits to Site, ENGINEER's ............................... 9.2 Contract Price - adjustment of,,,,,,,,,,,,,,,, 3.5, 4.1, 9.4, 10.3, 11 2-11.3 Changeof .......................:.................... I ...... .......1 I Decisicm on Disputes........................................9.11 definition of.....................................................1.11 Contract 'times -- adjustment of: ......................... 3.5, 4.1. 9.4, 10.3, 12 Change of ........................................... ..... 12.1-12.4 Commencementof............................................2.3 definition of.....................................................1.12 CONTRACTOR - Acceptance of Insurance ... ............... ............ ..... 5.14 Communications .......... ..................... .... ....6.2: 6.9.2 Continue Work, ..... ..................... k.29,10.4 coordination and scheduling ............................0. 9.2 definition of.....................................................1.13 Limited Reliance on Technical Data Authorized ......................................... 4.2.2 May Stop Work or Term inete............................1.5.5 provide site access to ethers„,,,,,,,,,,,,,,,,,,,,, 7.2, 13.2 Safety and Protection ........ „ .4.3.1.2. 6. 16. 6.18. ..................................... 6.21-6.23.7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal ........................................ 6.25 vii Article or Paragraph Number Compensation ........................................... 11.1-11.2 Continuing Obligation... .................................. 14.13 Defective Work .......... ..:........ ......... 9.6, 13.10-13.14 Duty to correct defective Work... ........ .............. 13.11 Duty to Report -- Changes in the Work caused by Emergency..................... :...................... 6.23 Defects in Work of Others...........„ ............... 7:3 Differing conditions .... 4.2.3 Discrepancy in Documents,,,,,,,, 2.5, 3.3.2, 6.14.2 Underground Facilities not. indicated,,,;,,,,,, 4.3.2 Iim ergencies.....................................................6.23 .Equipment and Machinery Rental; Cost of the Work .........................................:. 11.4.5.3 Fee --Cast Plus11.4.5.6, 11-5.1. 11.6 General Warranty and Guarantee.......................630 Aazard Comm unicalion Programs .....................0.22 Indemnification .........................6. 12, 6,16. 6.31-6.33 Inspection of the Work ............................... 7.3, 13.4 Labor, Materials and Equipment ....................0.3-65 Laws and Regulations, Compliance by,,,,,,,,,,,,, 6.14.1 LiabilityInsurance .............................................. 5.4 Notice of Intent to Appeal......................::9.10, 10.4 obligation to perform and complete. theWok....................................................0.30 Patent Fees and Royalties,. paid for by;,,-„-,,,,,..... 6. 12 Performance and Other Bonds_,.,._.- 5.1 Permits, obtained and paid forby .......................6.13 Progress Schedule ...........................2.6, 2.8, 2.9, 6.6, ................................:....... 6.29. 10.4., 15.2.1 Request for formal decisionon.disputes ,,,,,,,,,,,,,, 9.11 Responsibilities -- Changes in the Work_ .... ........ .................. 10.1 Conceming Subcontractors, Suppliers and Others ..................................... 6.8-6.11 Continuing the Work__......................0.29, 10A CONTRACTOR'S expense...........................0.7.1 CONTRACTOR's General Warranty and Guarantee ....................................... 6.30 CONTRACTOR'sreview prior to Shop brewing or Sample submittal,,,,,,,,,,,,,,,, G:25 Coordination of Work ................................ 6.9.2 Emergencies, ........... .................................. 6.23 ENGMEER's evaluation, Substitutes or'Or-Equal" Items ............................. 6.7.3 For Acts and Omissions of Others ........................... 6.9.1-6.9.2, 9.13 for deductible amounts:insurance...................5.9 general ........................................ 6, 7.2, 7.3, 8.9 Hazardous Communication Programs.......... 6.22 Indemnification„ ..........:...................... 6.31-6.33 E1CDC GE MAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS OMV 9r99) • • Labor, Materials and Equipment .............. 6.3-6.5 CONTRACTORS -other ........ ....................................7 Laws and Regulations.-_-„_._.;_--.,- 6:14 Contractual Liability Insurance, . - SAID ............... . -.: ..... ............... Liability Insurance ..................... ................ _5.4 Contractual Time Limits ....................................... J2.2 0 Article or Paragraph Number Notice of variation from Contract Documents ........................................... li27 Patent Fees and Royalties ............................ fi. 12 Permits...: 13 Progress Schedule..........................................6.6 Record Documents,,-.__..__,,_, ............... related Work performed prior to FNGINEEks approval of required submittals ............................................ 15.28 safe structural leading ..................... .......... ;6.18 Safety and Protection„__........_.... 6.20. 7.2. 13.2 621 Scheduling the Work .................................. 6.9.2 Shop Drawings and Samples ........................t ,24 Shop Drawings and Samples Review by ENGD =- .....................................626 6.26 Site Cleanliness ................ -- ............. ......... j6 17 Submittal Procedures 6.25 Substitute Constructiori Methods and Procedures ............................ ........ 6T2 Substitutes and *Or-Iiqual" Items ............... fi.7.1 Superitendencq .. . ............. ................ _ ...... §.2 Supervision................................................. . 0.1 Survival of Obligations ................................6.34 Taxes :.0.15 Testsand lfispections. 115 ToReport .....................................................2.5 Use of Premiseq §. 16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal ........................................ 6.25 Right to adjustment for changes in the Work ..... 19,2 right to claim ........... A 73, 9.4,9,5, 9.11,10.2,11.2, .......... ) 1.9,12.1. 13.9,14.8, 15.1, 15.5; 17.3 Safety, and Protection.... ... ..... : ..... 6.20-6.22, 7.2, 13.2 Safety Representative ........... _ ......................... fi.,21 Shop Drawings and Samples Submittal.5 .... 624428 Special Consultnas..., ........... ___ .................. 11 AA Substitute Construction Methods and Procedures 6.7 Substitutes and "Or --Equal* Items, Expense .........:.....I..................:......: 6.7.1, 6.7.2 Subcontractors, Suppliers and Others,_.... _6.13-6.11 Supervision and Superintendencq ......... 6.1, 6.2, 6.21 Taxes. Payment by ..... ...... ......... __ .... :415 Use of Premises 6.16-6.18 Warranties and guarantees,_ ..... ................. §:5. 6.30 Warranty of Title .............................................. 143 Written Notice RekIuired--. CONTRACTOR stop Work or term irmtc, ....... 15.5 Reports of Differing Subsurface and Physical Condition* ....................... 1.2.3 Substantial Completiork, 14.8 viii Article or Paragraph Number Coordination- CONTRACTORs responsibility ......................... §.9.2 Copies of Documents............................................... :2.2 CC17'ecticn, Period ... I ................ .............................. 13.12 Correction. Removal or Acceptance of Defective Work- in general,,,,,,,,,,,,,,,,, ...... _ 10.43, 13.10-13.14 Acceptance ofDavechve Work .......................... J3.13 Correction or Removal of Defective Work ......... :._.; ........... ..... 6.30,13.11 Correction Period..........._............................... j 3.12 OWNER May Correct Defective. Work,........... 13.14 OWNER May Stop Work ........... ............ _13.10, Cast -- of Tests and Inspmtiom ..................................... 13.4 Records il.7 Cost of the Work - Bonds and insurance, additional ...................11.4.5.9. Cash Discounts .............................................. 11.4.2 CONTRACTOR' Fee 11.6 Employee Expenses......................................11.4.5.1 Exclusions tc: 11.5 General 11.4-11.5 Home office and overhcadexpense4 1L5 Losses and damages.....................................11.4.5.6 Materials and equipment., .......... ............... :11.4.2 Minor expenses ........................................... 11.4.5.8 Payroll costs on changes.................................11.4.1 performed by Subcontractors..._.......................11-4.3 RecordslL7 Rentals of construction equipment and machinery....._......._ ...................... 11 A.5.3 Royalty payments, permits and license fees ............... .............. ......... 1.4.5.5 Site office and temporary facilities ........ ...... 1 A.5.2 Special Consultants, CONTRACTOR',,,,,,,,,... 11.4.4 Supplemental ............................_...................I L4.5 Taxes related to the Work., .......................... 11.4.5.4 Tests and Inspection, ...................................... _13.4 Trade Discounts Utilities, fuel and sanitary facilities .............. j 1., 4.5.7 Work after regular hours ................................. 11.4.1 Covering Work: .............................................. 13,6. 13.7 Cumulative Remedies. ...- --- . ...................... ) 7.4-17.5 Cutting, fitting and pstcling ................................... 7.2 Data, to be furnished by OWNER . ....... ...... ...... .....83 Day-7definition of. .............. ................................ J7.2.2 Decisions on Disputes .................................... 9.11,9.12 defective. -definition of ..... .................... _ ....... J.34 defective, Work - Acceptance of ................. . .................. 10A.L 13.13 EXIDC GENERAL CONDITIONS 1910.9 OM EDITION) wrdlY OF FORT COLONS MODIFICATIONS (REV 91") Correction or Removal of,_10A.1, 13.11 Correction Period 13.12 in general,,,,,,,,,,,,,,,,,I........ -....... I...13, 14.7. 14.11 Article or Paragraph Number Observation by ENGINEER,„ ............................. 9.2 OWNER May Stop Work ................................. 13.10 Prompt Notice of Defects ..........:..........._:.:........ 13.1 Rejecting....:...................................... _..............9.6 Uncovering the Work ................... ... ................ 13.8 Definitions...........:.....:.....:........:..........:...: ...1 Delays ..................................... 4.1, 6.29, 12.3.12.4 Delivery.of Bonds..................................."'-'............2.1 Delivery of certificates of insurance ........ ................ _Z.7 Determinations for Unit .Priem ............ .,,,,,,,,,,,,,,,,,, 9.10 Differing Subsurface or Physical Conditions -- Notice of. ........ ....___............ ...._...._.............4.2.3 ENGINEER's Review .............................. :....... 4.2.4 Possible Contract Documents Change,,,,,,,,, .2.5 1.2.6 Possible Price and Times Adjustments:,,,_,,,_,,,, 4 Discrepancies=Reporting and Resolving ................................ 2.5. 3.3.2, 6.14.2 Dispute Resolution- Agreement ....................... _ _.....................16.1.16.E Arbitration 16.1-16.5 genera116 Mediation........................................................16.6 Dispute Resolution Agreement ............... .__.---- 16.1-16.6 Disputes, Decisions by ENGINEER ................... P. 11-9.12 Documents-- Copies, of........................ ........................... _....2.2 Record 6.19 Reuseof.............................................................3.7 Drawings --definition of .......................................... 1.15 Easements.............................................................4.1 Effective date of Agreement -- definition of ............. J.16 Emergencies.... .............................. ....... ....... _....... .23 ENGINEER - as initial interpreter on disputes, ........ 11-9.12 definition of .................._.................._..:......... 1.17 Limitations on authority and responsibiliticg,,,,, 9.13 Replacement, of..__ ........................_.................. 8.2 Resident Project Reprmentativq„_....... ,............... 9.3 ENGINEER's Consultant -- definition of........... 6......1.18 .ENGINEER'S -- authority and responsibility, limitations or),,...... 9.13 Authorized Variations in the Work.....................9.5 Change Orders, responsibility for...... 9.7. 10, 1 L 12 Clarifications and Interpretations ..............}.6.3, 9.4 Decisions on Disputes_, .................. ....... 9.11-9.12 defective Wok, notice of_ ....... ............. ......... 13.1 Evaluation of Substitute Items ........... .............. 617.3 Liability............................................I......0, 32. 9.12 Notice Work is Acceptable. .................... _ ....... 14.13 Observations ............ ............................... 5.30.2. 9.2 OWNER's Representative ................... 9.1 Payments to the CONTRACTOR, Responsibilityfor.....................................9.9, 14 Recommendation of Payment ............... _,,.14A. 14.13 Article or Paragraph Number Responsibilities --Limitations op ......... ....... 9.11-9.13 - Review of Reports on Differing Subsurface and Physical Conditions ............................. 4.2.4 .Shop Drawings and Samples, review responsibility ....... .:....:....... :...... ......... :........ 6.M Status During Construction - authorized variations in the Work..................9.5 Clarifications and Inlerpretationg,_ ...............9.4 Decisions on Disputes ....................... 9.11-9.12 Determinations on Unit Price.,,,_ .............9.10 ENGINEER as Initial Interpreter.- 9.11-9.12 ENGINF.F.R's Responsibilities ................9.1-9.12 Limitations on ENGINEER's Authority and Responsibilities ....................... I ..... :9.13 OWNER'S Representative.............................:9.1 Project Representative ... ............. ..... ........._.,9.3 Rejecting Defective Work .................. ........... 9.6 Shop Drattings, Change Orders and Payments ................... ................. 9.7-9.9 Visits to Site ............................. _.................. 9.2 Unit Price determinations...............................„9.10 Visits to Site,,,.,_..................._._._...............9.2 Written consent required .............................. 7.2, 9.1 Equipment, Labor, Materials and ........................0.3.6.5 Equipment rental, Cost of the. Work ,...::..... ... 11.4.5.3 Equivalent Materials and Equipment ....... _ ................0.7 error cr animions 0.33 rrangements Evidence of Financial A.......................5. 11 Explorations of physical conditionS........................ .2.1 Fee, CONTRACTOR's--Costs Plus ...........................11.6 Field Order - definition of.....................................................J.19 issued by ENGINEER ............................... 3.6.1. 9.5 Final Application for Payment ........ ..................... -14.12 Final Inspection ................................................... J 4.11 Final Payment - and Acceptance .____.___,_._......._..__.,_.-_„_14.13-14.14 Prior to, for cash allovarem..............................11.8 General Provisions ,,,,,,,,,,,,,,,,,,_......,,,,-,.........17.3-17.4 General Requirements - definition of.....................................................J.20 principal references tp..............2.6. 6.4, 6.6-6.7, 6.24 Giving Notice ...... _.__............................................ 17.1 Guarantee of Work -bp CONTRACTOR ....... :§.30, 14.12 Hazard Communication Programs .......... . ............. §.22 Hazardous Waste -- definition of ..................................................... 1:21 general............................................................. 4.5 OWNER's responsibility fo(............................. 8.10 EXW (IENkT(AI. CONDITIONS 19104 (1990 EDI110M wl CITY OF. FORT COLONS MODIFICATIONS OMV 9/99) 0 0 0 Indemnification ................_._.,,_.... 6. 12; 6.16, 6.31.6.33 Initially Acceptable Schedules . .................. ._2.9 Inspection -- Certificates of: ,,,,,,,,,,,,,,;:..9.13.4„13.5. 14.12 Final....................:....................................::f4-1 I Article or Paragraph Number Special, required by ENGINEER .........................9.6. Tests and Approval............................$,7, 13.3-13.4 Insurance - Acceptance of, by OWNER , .... :..,.. , , , ..,5, 14 Additional, required by changes in the Work .:.............:........ I ..... .......... ... 11.4.5.9 Before starting the Work .................................... 2.7 Bonds and -min general.: ........................................ 5 Cancellation Provisions... - ............... .... 8 Certificates of, 2.7, .5,53, 5.4,11, 5A,13; ........................ 5.6:5, 5.8, 5,14, 9.13.4, 14.12 completed operations_.................................„5 4.13 CONTRACTORS Liability..................................5.4 CONTRACTOR's objection to coverage,,,,,,,,,,,,, 5.14 Contractual Liability ........ :............................. 5.4.10 deductible amounts, CONTRACTOR's. 7esponsibil ity..........:....:.................. I.............5.9 Final Application for Payment,,,,,,,,,,,,,,,, 14.12 Licensed Iusurers:..................:._........................53 Notice requirements, material change;,,,,,,, 5.8, 10.5 Option to Replace ................. :_................... ...... 5.14 other special insurances ................. I .................. .10 OWNER as fiduciary for insureds .............. 5.12-5.13 OWNER's Liability.; .... ..... I... ....... ..5:5 OWNER's Responsibility .................................... 8:5 Partial Utilization, Property Insurancq............... 5.15 R'opirly.........................:...........................5.6-5.10 Receipt and Application of insurance Proceeds .............................................. j.12-5.13 Special Insurance ............................................. 5.10 Waiver of Rights.............................................5.11 Intent, of Contract Aocnunants,,,,,,,,;3.1-3.4 Interpretations and Clarifications ................... 3.6.3, 9A Investigations of physical conditions,,,,,,,,,,,,,;,,,,,,,,,,, 4.2 Labor, Materials and Equipment,_.,,_ ......... ....... _03-6.5 Lands. - and Easements., .......... ...................................... lL4 Availability of .......... .:.............................. :.:4:1; 8A Reports and Tests .............. ........ ......................... lL4 Laws and Regulations --Laws or Regulations -- Bonds._ ............................_.. _............. _....5.1.5.2 Changes in the Work.... ................ __ .............. . 16.4 Contract Documcnts.,......,,._.......:.....................3.1 CONTRACTOR's Responsibilities ................... 614 Correction Pedod,defect ve Work,,,,,,,,,,,,,,,, t3.12 Cost of the Work, taxes ........................... ....11.4.S4 definition of_ general6,14 lndemnificatim........................................ 6.31-6:33 Insurance ......................................._................... 5.3 Precedence :-....: ..-..... ..:. 3.1, 3.3.3 Reference to. ................... ............................... 3.33 Safety and Protectibn ......... __....... :...... ..... 6.20, 13.2 Subcontractors, Suppliers and Others,,,,,,,,,,, 6.8-6.II Article or Paragraph Number Tests and Inspections ..... :............. ............ :.13.5 Use of Premises ........ .:....::...:.......... ...... .............. 6.16 Visits toSite.......................................................9.2 Liabilitylnsurancc--_.. _. ...._..-.. CONTRACT'OR's............................................... 5.4 OWNER's 5.5 Licensed Sureties and Insurers ................................. 5.3 Liens -- Application for Progress Payment ............... _14.2 CONTRACTOR's Warranty oCritic ....... ..... -_14:3 Final Application for Payment ........................:J,1.12 definition of 1.23 Waiver of Claims ............................................ 14. 15 Limitations on ENGINE-ER's authority and responsibilities ................ ............ I ............. . _ __9.13 Limited Reliance by CONTRACTOR Authorized.......................:..............................4.2r2 Maintenanceand Operating Manuals -- Final Application for Payment ..........................t4.12 Manuals (of others)-- Precedence....................................................3.3.3.1 Reference to in Contract Documenlg ..................3.3.1 Materials and equipment.. furnished by CONTRACTOR :............. .: ....... 6.3 not incorporated in Work..... .............................. 14.2 Materials or equipment --equivalent ..........................0.7 Mediation(Optional)..............................................16.7 Milestones --definition of........................................J.24 Miscellaneous -- Computation of Times. .......... ................... ..._ 17.2 Cumulative Remedies,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,, 17.4 Giving Notice ............... ..........:.:........................ 17.1 Notice of Claim.................................................17.3. .Professional Fees and Court Costs Included ......... 17.5 Multi -prime contracts . .............. ..................... ..... ...... 7 Not Shown or Indicated ....................................... ... 4.3.2 Notice of -- Acceptability of Project,,;,,,,,,,;;,;,,,,,;,,,,,,,,,,,,,,,, 14.13. Award definition of..........................................1.25 Claim............................................................1.7.3 Defects,13.1 - Differing Subsurface or Physical Conditions....4.23 Giving...... :............ ..:..... ........ ....................... .. 1.7.1 Tests and Inspections, ........ .............................. 13.3. Variation, Shop DrawingandSample.................0.27 Notice to Proceed.. definition of ................. :.................................... 1.26 givingof ........................................................... 2.3 EICDC GENERAL CONDITIONS 1910.9 (1990 EDITION) w/ CITY OF FORT COLLINS MODMCATIONS (REV 9/79) Notification to Surety _._._...................... ......... .... 10.5 testing, independent ..... ........................... ..._... 13.4 Observations, by ENGINEER .........................,.6.30, 9.2 use or occupancy Occupancyofthe work,,,,,,,,,,,,,,,,,, 5.15, 6.30.2.4, 14.10 of the Wodc,,,.,,_,,,,,,............ 5.15.6.30.2.4.14.10 Omissions or nets by CONTRACTOR...............6.9. 9.13 written consent or approval Open Peril policy form,Insurance .......................... 5.6.2 required,,,,,, 9.1, 6.3. 1 L4 ..................... .............. Option to Replace ............ ............................... ........ 5.14 Article or Paragraph Number "Or Equal' Items ...................................................... 6.7 Other work 7 Overtime Work --Prohibition of„ .............................. 6.3 OWNER -- Acceptance ofde/ective Work .......................... 13.13 appoint anENGGNEER...................................... 8.2 as fiduciary...................................... ......... 5.12-5.13 Availability of Lands, responsibility .................... 4.1 definition of., ....................................... ........... 1.27 data, furnish......................................................8.3 May Correct Defective Work...........................13.14 May refuse to make payment ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,14.7 May Slop the Work ............................ ............ J3.10 May Suspend Work, Terminate ...........................$.8, 13.10. 15.1-15,4 Payment, make prompt .................... :8.3, 14.4, 14.13 performance of other work .................................. 7.1 permits and licenses, requirements .................. & 13 purchased insurance requirements,,,,,,,,,,,,,, 5.6-5.10 OWNERs-- Aceeptance of the Work..............................0.30.2.5 Change Orders, obligation to execute..,,...,.. 8.6, 10.4 Communications ............................................... 8.1 Coordination of the Work.,.._,.__,,7.4 • Disputes, request for decisiorl................... ......... 9,11 Inspections, tests and approvslq..................8.7, 13.4 Liability Insurance,.,.,, _ ...................._,_,,.......... 5.5 Notice of Defects..............................................I3.1 Representative--Dwing Construction, FNGINEF.Rs Status ....................... _............. 9.1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material8.10 Change Orders ............................................. 8.6 Changes in the Work...................................10.1 communications .......:................................... 8.1 CONTRACTORS responsibilities .................. 8.9 evidence of financial arrangements..............$•It inspections, tests and approvals ..................... 8.7 insurance...................................................... 8.5 lands and easemen...................................... 8.4 prompt payment by........ ............. _.......... 8.3 replacement of ENGINEER, ........................... $.2 reports and tents_ ...... ..................................8.4 stop or suspend Work .................. U. 13.10, 15.1 terminate CONTRACTORs services ...._............................ . .......8.8. 15.2 separate representative at sit@..............................9.3 Xi E1CDC GENERAL CONDITIONS 1910.8 (IM EDITIOM wi CITY OF FORT COLLINS 1,10I)MCATIONS ptEV 91") 11 • Article or Paragraph Article or Paragraph Number Number 9 written notice required,,, „ ..... .........;7.1, 9.4, 9.11. ....... ...... I ...... -..,.,.......... 11.2. 11.9, 14.7, 15.4 PCBs -- definition of........................:......................:.....J.29 gcneral:............................................................. 4.5 OWNER's responsibilityfor ............................... 8.10 Partial. Utilization - definition of .......... ,:...::. , general 6.30.2.4. 14.10 Property Insurance... Patent Fees and Royalties„...................................._6.12 Payment Bonds :..........::..::................................. 5.1-5.2 Payments, Recommendation of ..............14.4-14.7, 14.13 Payments to CONTRACTOR"and Completion - Application for ProgressPayments ......................14.2 CONTRACTORs Warranty of Titic.......... .... _,.14.3 Final Application for Paymen[ ......... .......14.12 Final Inspection .............................................. 14.11 Final Payment and Acceptance,,,,,,,,,,,,,,, 14.13-14.14 general......................................................�8.3, 14 Partial Utilization,-_....:..........::.............:.:_.._,:14.10 Retainage....................................................... ..14. 2 Review of Applications for Progress Payments ............................... 14.4-14.7 prompt payment, ............ .................................... $3 Schedule of Values ......:.................................... 14.1 Substantial Completion,....._ ..............._......14.8-14.9 Waiver of Claims ...........................................: 14,15 when paym eats due ................................. 14.4, 14,13 withholding payment__:,, ..................._.14.7 Performance Bondi ............. ............................... 5.1-5.2 Permits..........................................................:. 6. 13 Petroleum-- - definition of.....................................................1.30 general..............................................................4.5 OWNL R's responsibility for.........................._._8.10 Physical Conditions -- Drawings of, in -a relating to,,,,,,,,,,,,,,,„-,.--_, 42.1.2 ENGTNEF,R's review;4.2.4 existing structures_ .... ,,, „.__ , , __.4.2.2 general4.2.1 2 ........................... . ........... Notice of Differing Subsurface or. ...............-,,, 4.2.3 Possible Contract Documents Change ....... ....... 1.2.5 Possible Price and Times Adjustments .............. 4.2,6 Reports and Drawings: .................................... 4.2.1 Subsurface and .. .......... .........__..........__............ 4.2 Subsurface Condition;._„-,._ _ ........................ Technical Data, limited Reliance by CONTRACTOR Authorized ................... - 4:22 Underground Facilities-- general........................................................4.3 Not Shown orindicaed............................. .4:3.2 Protection of ....................................... 4.3, 6.20 Shown or Indicated.,.,,, I ... 4.3.1 Technical Data ......... ........................... .......... 4:2.2 Preconstncction Conference ........................ ....:.......... 2.8 Preliminary Matters................. ........................ .... 2 ........................................ Preliminary Schedule; ......... ...3.6 Premises. Use of ........................................ ..... 6.16fi.18 Price, Change of Contract--, ..... .... 1. ..... . ....... I I Price,.Contrect--definition of ,;, -„ , 4 ....... Progress Paytnent, Applications fof......................... :14.2 Progress Payment.-retairk*.... ;.,,:,_ I............. ;_ 14.2 Progress schedule, CONTRACTOR'S,,,,,,,,,,,, 2.6, 1.8. 2.9, ............................-.. 6.6. 6.29. 10.4, 15.2.1 Project -definition of .............................................. 1.31 's Status During Construction........... 9.3 tative,Rcsident--definitiomof ......... 1.33 by OWNER........... .............. 8.3 ...I.................5.7 Partial Utilization....:.:::....-.........:.:_.5.15, 14.10.2 receipt and application of proceeds ............ 5. 12.5.13 Protection, Safety and.:.....:......................0.20-6.21, 13.2 Punch list ,,,-„-„-, ........................................... „,-1,4.11 Radioactive Material-- defintion of 1.32 general4.5 'OWNER's responsibility -for ............................. 8:10 Recommendation of Paymen4................14.4, 14:5, 14.13 Record Documents...,. - ,__... .......:6,19, 14.12 Records, proceduresfor maintaining ..........................2.8 Reference Points ....................... .................... ............4.4 .Reference to Standards and Specifications of Technical Societies ................. _,............:....... 3.3 Regulations, Laws and (ar)...................................... 6.14. Rejecting Defective_Work.......... .............................. 9.6 Related Work -- atSite ............... ................................... ...... 7.1-7.3 Performed prior to Shop Drawings 'and Samples submittals review, ................... G.28 .Remedies, cumulative ...................................... 17,4..17.5 Removal or.Corrcction ofDefective Work,,,-, „ „,13.11 rental agreements, OWNER approval required, ... 11.4.5.3 replacement of ENGINEER, by;OWNER............. __. 8.2 Reporting and Resolving Discrepancies ................................ 2.5, 3.3.2, 6.14.2 Reports-- ... and Drawings .... _.......................................... 4:2.1 and Tests. OWNaZ!s responsibility.y...................8A Resident and Project Representative-- defmilion of , ............................. 1.33 provision for ................................................. .........9.3 EICDC GENE UL C0NOMON81916-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODMCATIONS (REV 9l99) Article or Paragraph Number Resident Superintendent. CONTRACTOR$_..............6.2 Responsibilities-- CONTRACTOR's-in general., ...................... 4 ......... 6 ENGINEER's=in general ........................................ Limitations on ................. .... ........ .... ...... .... :9.13 OWNER's-in general ...... :..................................... 6 Reminage...... ...... ..................... ................ 14.2 Rcus: of Docum cots ........:.....:........................:. 3.7 Review by CONTRACTOR: Shop Drawings .and Samples Prior to Submittal... ...................... 6.25 'Review of Applications for Progress payments ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,;14.4-14.7 Right town adjustment ................._._._................... 10.2 Rights of Way ... ..-__..._._................. ... 4.1 .................. Royalties, Patent Fees and .......... : .......................... :6.12 Safe Structural Loading..........................................6.19 Safety -- and Protection... .... ...... ...... ........ 4.3.2. 6.16. 6.18, ..._..:,.:.._._................ _ 16.20-6.21. 7.2. 13.2 .general .......................................... .... .......6.20-6.23 Representative, CONTRACTOR's.......................6.21 Samples -- .definition of........... ............. ........... ................... 1.34 general....................................................6 24.6.28 'Review by CONTRACTOR ...... ..__ .... . ...... ....... 6.25 Review by ENGINEER..............................6.26, 6.27 related Work.....................................................0.28 submittal of..............._....................__..........6.24.2 submittal procedures.........................................6.25 Schedule of progress.............................1.6. 2.8-2.9, 6.6, ......... ............................ .. 629, 10.4. 15.2.1 Schedule of Shop Drawing and Sample .Submittals..............................2.6, 2.8-2.9, 0.24-6.28 Schedule of Values.„_ ............... 2:6,111-2.9,14.1 Schedules -- Adherence to..................................................15.2.1 Adjusting...........................................................6.6 :Change of Contract Times„ ............................... 10.4 Initially Acceptable,,..,,_ .............................. 2.8.2.9 Preliminary............................................................ 'Scope of Changes ...................................... 10.3-10.4 Subsurface Conditions...................:....................4.2.1.1 Shop Drawings — and Samples, general ................................ 6.24-6.28 :Change Orders & Applications for Payments; and___............__........._......9.7-9.9 definition of..... ............ ..................1.35 ENGINEER's approval of„ ............................... 3.6.2 ENGINE•ERsresponsibility for review.,._, 9.7. 6.24-6.28 related Work......................................................0J8 review procedures .............................. 2.8, 6.24-6,28 Article or Paragraph Number submittal required, ..................... ....... ................. 6.24.1 Submittal Procedures, ................. ; ..................... rocedures..................:..................... 6.25 use to approve substitutions ............................. 6.13 Shown or lndicated............................................... 4.3.1 Site Access..................:....................................7 2. 13.2 Site Cleanliness......................................................6. 17 Site, Visits to- by ENGINEER .......................................... 9.2. 13.2 by others .... ........................... ..................... ... 13 .special causes of lose policy form, insurance......... :..... :........................................5.6 2 definition of ..................................................... L36 Specificutions- - definition of....................,.....,........................1.36 of Technical Societies, reference to. .............. 3.3.1 precedence ......................................................3.3.3 Standards and Specifications of Technical Societies ........................................ 3.3 Starting Construction, Defore,,,,,,,,,,,,,,,,,,,,,,,,z.5-iil Starting the Work,— ....................... ........................ Z4 Stop or Suspend Work.. byCONTRACTOR...........................................15.5 by OWNER ....................................: 8.8, 13.10, 15=1 Storage of materials and equipment .....................4.1, 7.2 Structural Loading, Safety ..................... I ............ ...... 6.18 Subcontractor— Concerning...............................:................ 0.8-6.11 definition of.....................................................).37 delays............................................................ 12.3 waiver of rights ................................................ 0.11 Subcontractors --in general ................................. 6.8-6.11 Subcontracts --required provisions,;,....., 5.11. 6,11, 11.4.3 Sulam ittils— Appl ications for Payment,,......- ................................. 14,2 Maintenance and Operation Manuals,,,,,,,,,,,,,, 14.12 Procedures...................................................... 6.25 Progress Schedules.....................................:2.6, 2.9 Samples..._..............................................6.24-6.28 Schedule of Valucq.................................... 2.6. 14.1 Schedule of Shop Drawings and Samples Submissions......................................2.6, 2.8-2.9 Shop Drawings ........................................ 6.24-6.28 Substantial Completion -- certification o[............................0.30.2.3. 14.8-14.9 definition cf. ............................... w .................... 1,38 Substitute Construction Methods or Procedures....... 6.Z2 Substitutes and "Or Equal" Items_„.....................6.7 CONTRACTOR's Expense ............................6.7. 1.3 ENGINEER'S Evaluatinn6,71 "Or -Equal ....................................................0.7.1-1 Substitute Construction Methods WCDC GENERAL CON MONS 1910.8 (1990 EDITION) wr aTY OF. FORT COLLIM MODIFICATIONS (REV 9199) n LJ 0 • 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 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 i 0 Article or Paragraph Number or Procedures ...................... .............. .:....... 0.7.2- Substitute Items .. ............................................ 6.7.1.2 Subsurface and Physical Conditions -- Drawings of in or relatng to,,,,,,,,,,,,,,,,,,,,,,,, 4.2. L2 ENGINEER's Review ...................................... 4.2.4 general......................................... I ........... :......... 4.2 Limited Reliance by CONTRACTOR Authorized 4.2.2 Notice of Differing Subsurface or Physical Conditions .......................... :.............. A.2.3 Physical Conditions ...................................... 4.2.1:2 Possible Contract Documents Change,,,,,,,,;,,,,,, 4.2.5 Possible Price andTimes Adjustments ............... 4.2.6 Reports and Dratrings.................. ....................4.2.1 Subsurface and,,,,,,,,,,,;,;;, „. - 4:2 Subsurface Conditions at the Site 4.2.1.1 Technical Data ................................................. 4.2.2 Supervision-- CONTRACTOR's responsibility.,-, ....................6.1 OWNER shall not supervise 8.9 ENGINEER shall not supervisq 9.2, 9.13.2 Superintendence.......................................................6.2 Superintendent, CONfRACTOR's resident ........ ......6.2 Supplemental costs .............................................. 11.4.5 Supplementary Conditions -- definition of ..................................................... ).39 principal references to.................1.10, 1.18. 2.2, 2.7, ... „,,,,,,,,,,, ,,,,, 4.2, 4.3, 5.1, 5.3, 5.4, 5.6-5.9, ................ S. 11. 6.8. 6.13, 7.4, 8.11, 9.3, 9. 10 Supplementing Contract Documents ........................ 3.6 Supplier -- definition of.....................................................1.40 principal references tq,,,-,...... 3.7.'6.5; 6.8-6.11,.6.20, ._..._........................_........ 0.24, 9.13, 14.12 Waiver of Rights...............................................6.11 Surety -- consent to final payment,,,,,,,,,,,,,,,,, j4.12, 14.14 ENGINEER has no duty to„_ ............................ 9.13 Notification of, ......................... -.10.1. 10.5, 15.2 qualification of .............................. ......... .... 5.1-5.3 Survival of Obligations . .......... ................................ §134 Suspend Work, OWNER May... _..................13.10, 15. i Suspension of Work and Termination-,,,,,,,,,,,,,,,,,,,,,,j 5 CONTRACTOR May Stop Work or Tenn inate............................._.._..........,.15.5 OWNER May: Suspend Work ..... ........... ............ _15.1 OWNER bby Terminate . ..... ....................... 5.2-15.4 Taxes --Payment by CONTRACTOR,........................§,15 TechnicallData-- Limited Rchanoe.by CONTRACTOR... .............. 4.2.2 Possible Price,end Times Adjustments .............. 4.2.6 Reports of Differing Subsurface and Physical Conditions ....... ............................. 4.2:3 xiv Temporary construction facilities ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,4.1 Article a Paragraph Number Termination=- by.CONI;RACTOR..........................................15.5 by OWNER .......................................:A.8, 15.1-15.4 of ENGINEER's employment .......................... :..... ll.2 Suspension of Work-in general ... ............ ............ )5 Terms and Adjectives ......... ............................... :..... 3.4 Tests and Inspections -- Access to the Work, by others,,,,;;;;,,,,,,; 13.2 CONTRACTORS responsibR ities........ ,,,„..... J3.5 cost of'13.4 - covering Work prior lo..............................13.6-13.7 Laws and Regulations(w);; 13.5 Notice of Defects.. ......... ................. ....... ........... 13.1 OWNER May,Stop Work ..... ......._..____......... 13.10 -OWNER's independent teslirig .......................... 13.4 special, required by ENGINEER .........................9.6 timely notice required,,,,,,,,,,,,,,,,,,,, I..,,,,,.,,,,,,,,,, 13:4 Uncovering the Wwk, at ENGINELR's request..._._........................_............._13.8-139 Times - Adjusting, ........................................ 1 ................. 0.6 Change of Contract ............... I ............ I................ 12 Computation of ........................... ..................... 17.2 Contract Times; -definition of ........................... J. 12 day......... ........................ ....:........ ....__...17.2.2 Milestones ....................................:. ................ .. ..... ) 2 Requirements - appeals..... ...__.........................._....__. 9.10, 16 clarifications, claims and disputer,,,,,,,,,,,,,,,, 9.11, 11.2, 12 Commencement of Contrnct Times,,,,,,,,,,,,;,,, 2.3 Preconstruction Conference ...................... ....2.8 schedules ......................................... 2.6, 2 9; 6.6 Starting the Work ........................................ 2.4 Title, Warranty of .. ....................... ........................... 14.3 Uncovering Work ............................................ 13.8-13.9 Underground Facilities, Physical Conditions - definition of....................................................JAI Not Shown aIndicated 4.3.2 protcetion of..._ ........................ ...... ........ 4.3, 6.?o Shown or Indicated.........................................4.3.1 Unit Price Work - claims..........................................................11.9.3 .definition of .................................................... 1.42 generolll.9, 14.1. 14.5 Unit Prices- gencral11.3.1 Determination fur, 9.10 Use of Premises ................................ 6, 16. 6,18,. 6.30.2.4 Utility owners.............................0.13. 6.20, 7.1-7.3, 13.2 Utilization. Partial, .......... ...... 1.28. 5.15. 6.30.2.4. 14.10 Valueof the Work ....................... :........................... 11.3 Values. Schedule of.............................2.6, 2.8-2.9. 14.1 E-ICDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Variations in Work.-Minoi Authorized. ............. ._.._........ ....... ..6.25, 6.27, 9.5 Article or Paragraph Number Visits to Site --by ENGINEER :................................... 9.2 Waiver of Claims --on Final Payment,,,,,,,,,,,,,,,,,,,,, 14.15 Waiver of Rights by insured panicg..................5.1 I, 6.11 Warranty and Guarantee, General --by CONTRACTOR................................................6.30 Warranty of Title. CONTRACfO&s..................._..:14.3 Work -- Accessto... ................... ..... ................. .............. 13.2 byothers ............................................................... 7 Changes in the ................................................... 10 Continuing[be, ....... ....................................... 6.29 CONTRACTOR May Stop Work or Terminate............_..._..._......_..._....__35.5 Coordination of 7.4 Cost of the ................................................. 11.4-11.5 definition of.....................................................1.43 neglected by CONTRACTOR............................j3.14 otherWork............................................................7 OWNER May Stop Work ................................ 13.10 OWNER May Suspend Work...................J3.10, 15.1 Related Work at SitS.................................... 7.1-7.3 Starting the ......................... ............................_...24 Stopping by CONTRACTOR ............................. 15.5 Stopping by OWNER ................................. 15.1-15.4 Variation and deviation authorized, minof........... 3.6 Work Change Directive -- claims pursuant to.............................................)0.2 definition of ..................................................... 1.44 principal references to......................3.5.3. 10.1-10.2 Written Amendment.. definitionof...................................................... 1.45 principal references to,,,,,,,,,,,,,, 1.10, 3.5, 5.10,15.12, .........................0.6.2, 6.8.2, 6.19, 10:1, 10.4, „,,,,,,,,,,,,,,,,_,_ 112, 12.1, 13.12.2, 14.7.2 Written Clacations and Interpretations .................................. 3.6.3. 9.4, 9.11 Written Notice Required — by CONTRACTOR..............................1, 9.10-9.11, by OWN6R .................... 9.10-9.11, 10.4, 11.2, 13.14 sv EICDC OENBUL CONDMONS 1910.3 (1990 ED111014) w/ CITY OF FORT COLLM MOD1FiCATONS 0XV 9/99) 11 i (This page left blank intentionally) C� J xui E1CDC OENERAL CONDITIONS 1910.E (1990 EDITION) .1 CITY OF FORT COLUNS MODIFICATIONS (REV 91M 0 GENERAL CONDITIONS ARTICLE I -DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1. Addenda--Written-or graphic instrumens issued prior to the opening of Bids which clarify, corrector change .the Bidding Requirements or the Contract Documents. 1.2.. Agreement -The written contract between OWNER and CONTRACTOR covering the Work to be perf rrmaL other Contract Documents are attached to the Agreement .and made a part thereof as provided therein. 1.3. Ayplicatlon for Payment -The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4, Asbestos --Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United Sates Occupational Safety and Health Administration, 1.5. Bid -The offer or proposal of the bidder submitted at the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding Documents -The advertisement or invitation to Bid instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding. Requirements -The advertisement or invitation to Bid insnudiom io bidders and the Bid form. 1.8. Bonds -Performance and Payment bonds and other instruments of security. 1.9. Change Omer -A document recommended by ENGINEER which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Rice or the Corttract Times issued on orafter the Effective Date of the Agreement 1,10. Contract Documents -The AgmemenL Addenda (which pertain to the Contract Documents), CONTRACfOR's Bid (including documenatiat accompanying the Bid and any post But documentation submitted,prior to the Notice of Award when attached as an cdtilirt to the Agreement, the Notice to Proceed, the Bonds, these General Conditions the Supplementary Conditions, the Specifications and the Drawings as the EJCDCOEN%RAL CONDITIONS 1910 8 (1990 EMM) w9O YOF FORT C01.1ItS MODIFICATIONS OLEV 4n") same are more specifically identified in the Agreement, together with all Written Amendments, Change.Orders; Work Charge Directives Field Orders and ENGINMR's written interpretations and clarifications issued pursumut to pwagraphs3.5, 3.6..1 and 3.6.3 an or after the Effective Date of the, Agreement, Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1 and 4.2.2 are not Contract Documents 1.I1. Contract Price -The moneys payable by OWNER to CONTRACTOR for completion of the Wort: in accordance with the Grimmer Documents as stated in the Agreement (subject to the provisions of paragraph 11 9.1 in the case of Unit Price Wok), 1.12. Contract Times -The numbers of rays or the dates suited in the Agreement: () to achieve Substantial Completion, and (ii)to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with pamgaph 14.13. 1.13. CONTRACTOR --The person, firm or corporation with whom OWNER has entered into the Agreement 1.14. ckfective-An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, a has been damaged prior to ENGINIMR's recommendation of find payment (unless responsibility fa the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings --The drawings which show the scope. extent and character of the Work to be furnished and performed by CONTRACTOR and which have been Prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined 1.16, Effecrve Date of the Agreement -The date indicated in the Agreement on which it becomes effective, but if no such date a indicated it means the date on which the Agreement is signet and delivered by the last of the two parties to sign and deliver. 1.17. ENGINECR-The person, firm or corporation named as such in the Agreement. 1.18. ENGINEER's CauvQanr-A .person, firm or corporation having a contract with ENGINEER to runtish services as ENGINEER's indeperidem professional associate or consultant with reaped to the Project and who is identified as such in the Supplementary Conditions 1.19. Field Onler-A written ceder issued by ENGINEER which orders minor chwgcs in the Work in accordance with paragrapher 9.5 but which does not involve a change in the Contract Price or the Contend Times. a 0 0 0 1,20. General Requirements -Sections of Division 1 of :the Specifications: 1.21. Hazmdaus Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste. Disposal Act (42 USC Segioit 6W3) as amended, from time to time. 1.22.s. Lams and Regulations; Laws orRegulations—Any .and all applicable laws, toles,regulations, ordinances, codes and orders of any and- all governmental bodies, agencies, authorities and courts hiving jurisdiction 1.22.b. Leeal Nohdma=-shall be those holidays observed by the City of Fort Collins. 1.23, liens -Liens, charges, security interests . or encumbrances upon real property or personal property, 1.24. lvlikstgne--A principal event specified in the Contract Documents relating to an intermediate completion date or time priorIto Substantial Completion of all the Work. 1.25. Notice ofAward—A written wticc.by OWNER to the apparent sucacssfulbidder stating that upon compliance by the apparent successful bidder with the conditions ,precedent enernerated therein,. within the time specified,. OWNER will sign and deliver the Agreement. 1.26. Nofice, to. Proceed —A written notice given by OWNER to CONTRACTOR (with a -copy to ENGINEER) fixing the date on which the Contract Times will commence to tun and on which CONTRACTOR shall sort to perform CONTRACTOR'S obligationsunder the Contract Documents 1.27. OWNER -The public body or authority. corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 1.28. Panial Utftizafion—Use by OWNER of a substantially completed partof the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completionofall.the Work 1.29. PCBs —Polychlorinated biphenyls. 130. Petroleum --Petroleum. including code oil a any freeborn thereof which is liquid at standard conditions of tempemone and pressure (60 degrees Fahmnheit and 143 pounds per square inch absolute)•. such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non -Hazardous Wasms and crude .. _. oils 1.31. Prajeci—The total construction of which the Work to be provided under the Contract Documents may be the whole, or apart as indicated elsewhere in the Contract Documents. 132.e, Radioactive Material —Sauce., special nuclear, or byproduct material as defined by the Anemic Energy. Act of EtCOCOET4EM CONDITIONS 1910-9 (1990E(itim) wl CITY OFFORT COLLIM MODMCATIONS (REV 42U0a) 1954 (42USC Section 2011 et seq.) as amended from time to time. 132.b. Reenlar Wor,(ine.Hours—Regular working hours. arc defined as T Oam to 6:00, unless otherwise specified in the General ReWimmets. 1.33. Resident Project Representative —The authorized representative of ENGINEER who may be assigned to the site or, any part thereof. 1.34, Sioriples—Physical samples of materials, equipment; or wofloranship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged 135. Shop Dmvitnga-AII drawings; diagrams, illustrations, schedules ' and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to ilhi;tmie some portion of the Work. 1.36. Specjficotions-Those portions of the Contract Documents consisting of Britten technical descripptions of materials, equipment; construction systems,. standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. 'Subcontractor —An individual,firm or corporation having a direct contract with CONTRACTOR'or with any other Subcontractor for the performance of part of the work at the site. 1.38. Substantial . Completion —The Work (or a specified part themes has progressed to the point where, in the opinion of ENGINEER as, evukenced by ENGINEER'S definitive certificate of Substantial Completion it is sufficiently complete, in accordance with the Crnmact Documents, so that the Work (or specified .part) cep be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work 'is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms substantially complete' and "substantially completed" as applied to all or part of the Work refer to Subsutmtial Completion thereof. 139. Supplementary. Condifions—The part of the Contract Documents which amends or,supplemena these General Conditions. 1.40. Supplier A manufacturer, fabricate, supplier, distributor, materialman or vendor having ddirect contract with CONTRACTOR a with any Subcontractor to fimish materials or„equipneot.lo be incorporated in the Work by CONTRACTOR or arty Subcontractor. 1.41. Undergrorard Facdilie. All pipelines; conduits, ducts, cables, wires, manholes, vaults, tanks; tunnels or other such facilities or attachments. and any encasanents containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or &her communications, cable television sewage and drainage ranovrei, traffic or othercontrol systems or, water. 1.42. Unit Price Work—Wark to be paid for on the basis of unit prices. 1.43. Work—The'entire completed construction or the various separately identifiable ppuerillss thereof required to be furnished under the Contract I=- ems. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. 1.44. (York ClJange Directive —A written directive to CONTRACTOR, issued on or alter the Effective Date of the Agreement and signed by OWNER and recommended, by ENGINEER, ordering an addition; deletion or revision in the Work, -or responding to differing or unforeseen physical conditions miler which the Woik is to be performed as provided in pamgmph4.2 or 4.3 or to emergencies under paagmph 6.23. A Wort: Change Directive will not change the Contact Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contact Price or Contract Times as provided in paragraph 10.2. 1.45. Written Amenrbnent—A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengincering ce nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTTCLE 2—PRELIMINARY MATTERS Delivery ofBondr: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies ofDocamentr 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless olheiwise specified in the Supplementary Conditions) of the Contract Documems as are reasonably necessary for the execution of the Work. Additional copies will be furnished upon request at the cost of reproduction Commencement of Contract Timer, Notice to Proceed- 2.3. The Contract Times will commence to mat on the thirtieth day after the Effective Date ofthe Agreement, or, EJCDCMIE A1. CONDITIONS 191048099a E41im) aICITY OF FORT (701,1115 MODIFICATIONS (REV 4Ra0a) if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at my time within utirty days utter the Effective Date of the of-Rid-openingnr-thethirtietfi�dey-after-tM-6Agreement. the CM-tra.1 :Affles tt'eaitved3a[e oFthe-Agreement; whichever-dateiseariier: Starting the Work 2.4. CONTRACTOR shell start to perform the Work on the date when the Contend Tunes commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run. Before Starting Construction: 2.5. Before undertaking each part' of the 'Work, CONTRACTOR shall carefully study and compare the Contract Documents and died; and verify pertinent figures shown thereon and all applicable field measurements CONTRACTOR shall promptly report in writing to ENGINEER any conflict, tarty, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not he liable to OWNER or ENGINEER for failure to report'any conflict, error, ambiguity or discrepancy in the Contact Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agmcticnt (unless otherwise specified in the General Requirements), 'CONTRACTOR shall wbmu to ENGINEER for review: 245.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and cOmpdetmg the various stages of the Work, including .any Milestones specified in the Contract Documeras. 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting. reviewing and processing such submittal; 2.6.2.1. In no c- will a schedule be acceptable which allows less than 21 calendar days for each review by amneer. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component pans in sufficient detail to serve as the buns for progress payments during construction Such prices will include an appropriate amount of overhead and profitapplicable to each item, of Work. IT. Before any Work at the site is started, CONTRACTOR and-G;W}FR shall each deliver to the ethx OWNER, with copies to cask-eddNieref—'staffed idemi€led4ti-tax-Supplementary- Grad itiors ENGFNEE[?, I* `J 0 0 0 •certificates'of insurance (and other evidence of insurance requested by :OWNERI which CONTRA 117 is required M purchau aurl meirtain - inaccorc�nce with paragraphs 5.4; 5:6artd 5.7. Preconstrudion Conference., 2.8. Widtm twemy days after the Contract Times start to rung but before'any Work at the site is stained, a conference attended by CONTRACTOR. ENGINEER andothers as appropriate will 'be held to establish a working urrlerstandi ng among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedues far handing Shop Drawings and other .submittals proces.mg Applications for Payment and maintaining required records. InItW),Acceprable Schedules: 29. Unless otherwise provided in the Documents, a confuence.attendcd by CONTRACTOR, ENGINEER and others as a >riate designated by OWNER- will be held to review of r acceptability to ENGINEER as provided below the schedules submitted in accordance with CUN t KAU t UK man nave an acamoral ten nays to ma cc corrections and adjustments and to complete and resubmit the schedules No progress payment shall be made to CONTRACTOR until the schedules are submitted to and amcptable to ENGINEER as provided .below. The ,progress schedule will be acceptable to ENGINEER as providutg an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER resporutbdityy for the 5sequencirng, scheduling a progress of the Work nor intlZe with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACfOR's,schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR's schedule Of values will beacceptableto ENGINEER as to form and substance. .ARTICLE 3--CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intenb 3.1. The Contract. Documents comprise the entire agreement between 'OWNER and CONTRACTOR concerning the Work. The Contract Documents we complementary: what is called for by one is as binding as if called for by. all. -The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to EICDCOEMRAL COND171OM 1910-8 (1990 E(fitim) nilciTYOFFOATCOLDr moDIFicATIONs(REV4R000) describe a functionally complete Project (or part thereof) to be constructed in accordancewith the Contract Documents Any. Work; materials or equipment that may reasonably be inferred firm the Contract Documents or from pievailing custum or trade usage as being required to produce the intended result will 6e furashed and performed whether or not specifi6i0y.ealled for. When words or phrases which have a well-known technical or construction irahisuy or trade meaning are used to describe Work, materials or equipment; such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 33. Reference to Standards and Specificn6ans of Technical Societies; Rgwdng and Rewbting IN.rcrvpanciex. 3.3.1. Reference to standards, specification, manuals or codes of any technical society, organization or'assoc iaiion, or to the Laws or Regulations of any governmental authority, whether such mfcrence be specific or by implication, shall mean the latest standard, specification, manual, code a Laws or Regulations in effect at the tine of openin# of Bids (or, on the Effective Date of the Agrecmem if there were no Bids), except is may be otherwise specificolly stated in the Contract Docu ncros. 33.2. If; during the performance of the'Work, CONTRACTOR discovers any conflict error, ambiguity or discrepancy within the .Contract Documents or between the Contract Documents and any provision of any such :Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5. CONTRACTOR shall report it to ENGINEER in writing at once, .and CONTRACTOR shall not proceed with the Work affected thereby (except in an 0y ,one of the methods indicated in 3.6: provided. However, that shall not be liable to. OWNER or failure to report any such condlick, ity or discrepancy unless knew ,cr reasonably should have 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in pzmgmph3S or 3.6. the provisions of the Contract. Documents shell tale precedence in resolving my conflicL erior, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. 'the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Cotvmet Documents): a 3.3.3.2, the provisions of any such Laws or Regulations applicable to the performance of the Work (mless such an .interpretation of the .provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, a =ification, manual, cock or instruction shall be effective to change the duties .and responsibilities of OWNF_R, CONTRACTOR or ENGINEER, or any of their subcontractors, cauultants, agents or employees from thou set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of F,N.GINEER's Connsultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility v cmiistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3A. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable'. "suitable', "acceptable", "proper" or "satisfactory' or adjectives of like effect or import are used to describe a requirement direction review or judgment of ENGINEER as to the Wak, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (=less there is a specific statement indicating otherwise). The use of any such tens or adjective shall not be effective to assign to ENGINEER any duly or authority to supervise or direct the famishing or performance of the Work or my duly or authority to. undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amending aadSapplMenting Conner Dommmh: 3.5. The Contract Documents may be amemded to provide for additions, deletions end revisions in the Work or to modify the terms and conditions thereof in one or more of the follmiing ways: 3.5.1. aformal Written Amaulment 3.5.2. a Change Order (pursuant to paragraph 10.4� or FX,'DCOENERAL CONDITION51910-3 (IM Edon) ,!CITY OF FORT WLLIM MODIRCATIONS OLEV 42000) 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition the: requirements of. the Contract Documents may be supplemented, and minor variations ind deviations in the Work may be authorized, in ate or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6.2, ENGWEGR's approval ofs Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6,27), or 3.6.3. INGINEER's written interpretation or clarification (pursuant to paragraph 9.4). Rmse ofDocaments. 3.7. CONTRACTOR and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or inxluect contract with OWNER (i) shall riot have or acquire any title to or ownershiptherights in any of the Drawings, Specifications or or documents (or copies of any thereon) prepared by or bearing the sealof ENGINEER or ENGTNF.ER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications; otthher documents or topics on emensionazof & Project cr my other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE .AND PHYSICAL CONDITIONS; REFERENCE. POINTS Availability ofLandr: 4.1. OWNER shall fumislt as indicated in the Contract Documents, the lands upon which the Work is to be performed rightsof-way and easements for access thereto, and such other lands which are dmignatod for the OWNER shall identify any encumbrances a restrictions not of general apphcahon but specifically related to use of lands so furnished with which CONTRACTOR will have to comply at performing the Work. Easements for permanent structures or permanent changes in existing tacilities will be obtained and paid for by OWNER oarless otherwise provided in the Contract Documents. if CONTRACTOR and OWNER are unable to agree on entitlement to or the amount a extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights -of - way or easements; CONTRACTOR may make a claim therefor as provided in Articles II and 12. 10 0 0 --CONTRACTOR shall provide for all additional lands and indicatedin the Contract Documents. or access thereto that may be required for temporary construction facilities or storage of materials and. 4.2.3.4. is of an unusual nature, and differs equipment. materially fimi conditions ordinarily encountered and generally reco nimd as inherent in work of 4:2. SubsurfaceandPhysical Conditions the character provided for in the Contract Documents; then 4.2. 1. Reports and Drmwngs: - Reference is made to ,the Supplementary Condifions for identification of. CONTRACTOR shall, preraptly immediately. after ' becoming aware thereof and before further disturbing 4.2.1.1. Subsurface Conditions: Those reports of conditions affected thereby or performing any Work in explorstions and tests of subsurface conditions at or cunmection' therewith (except 'in en emergerIcy as Contigguuous.to the site that have been utiliaed.by ENG pem�itted b'y pamgrsph623), notify OWNER aid VEER m preparing the Contract Documents; ENGINEER In wntmg about such condition and CONTRACTOR shall not further disturb suchconditions or perform any Work in'connation therewith (except as 4.2.1.2. Physical Conditions: Those drawings of afcrmiid)unfilrecerptof writtenordertodoso. physical conditions: in or relating to existing surface a subsurface structuresat or contiguous to her site 4.2.4. @NGMEER's Review: ENGINEER will (except Underground Facilities) that have been prompdy review the pertinent conditions, determine the utilized by ENGINEER in preparing the Contract necessity of OWNFR's obtairft additionl exploration or Uociuiments. tests with respect'thereto and advise OWNER in writing (with a copy to CONTRACTOR) of HNGINEER's 4.2.2. Limited Reliance by, CONTRACTOR Authorize& findings and conclusions. Techmeal Data. CONTRACTOR may rely upon the .gcnaml accuracy of iFte "tedvucal data" contanncd in such 4.2.5. Possible Contract Documents Charge: If reports and drawatgs, but such reports aril drawings are not ENGINEER concludes that a change in _ the Contract "Coraract Doaiments Such'mchudcal dam' is identified in Documents is required as a result of condition that meets ' the. Supplementary Conditions. Except for such reliance on one or more of the categories in paragraph 4.2.3. a Week such "technical data",:CONTRACTOR may not rely upon. (.Iran&e Directive or a Change Order will be issued as a make city claim against OWNER, ENGINEER a any of � provided in Article 10 to reflect .and document the ENGINFER's Consultants with respect to: consequences of such charge. 42.2.1. the completeness of. such reports and 4.2.6. Possible Price and Times A4ush entr: An drawings for CONTRACTOR's purposes, equitable adjustment on the Contract Price a in the including, but not limited to, any aspects of the Contract Timex or both, will be allowed to the extent that means, methods, techniques, sequences and the existence of such uncovered or revealed condition procedures of construction to be employed by • causes an increase a decrease in CONTRACTORS cost CONTRACTOR and . safety precmulioris and of or time requite(] for performance ot, the Work, subject. programs incident thereto, or however, to the following:: 4.2.2.2. other data, interpretations, opinions 4.2.6.1. such condition must meet any one or and information contained in such reports or shown more of the cutegor.m described in or indicated in such drawings, or paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2.23. my CONTRACTOR interpretation of 4.2.6.2., a change in the Contract Documents Or conclusion drawn from any "technical dam" or pursuant to paragraph 4.2.5 will not be in arty such data, interpretations, opinions or automatic authaniation of nor a condition information precedent to entitlement to any suds adjustment; 4.2.3. Notice of Differing Subsurface or Pirysrcerl 4.2.6.3. with respect to Wort: that is paid fa Conditims: If CONTRACTOR believes that any on a Unit Price. Basis, arty adjustment in Contract subsurface or physical condition at or contiguous In the site Price will be subject to the provisions of that is uncovered or revealed either. paragraphs 9.10 and 11.9; and 4.23.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially amcourate, or 4.2.3.2. is of such a nature as to require a change in the Conmact Docurnaft or 4.2.33. differ materially from that shown or EICDC ODOLAL CONDITIONS 1910-9 (1990 Edition) cot CITY OF FORT COI.0 Lei MODIFICATIONS QtEV 4r2000) 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract price or Times if; 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions -it the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contras Tunes by the submission of a bid or hemming bound under a negotiated contract; or 4.2.6.4.2. the existence .of such condition could reasonably have been discovered or revealedasa result of any examination, investigation, exploration test or study of the site and contiguous areas required by the Bidding RequaemenLs or Contract Documents to be conducted by or for CONTRACTOR, prim to CONTRACTOR's making such final commitment; or 4.2.6.4.3. CONTRACIOR failed to givp:the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may he.. made therefor as provided in Articles I and 12. However, OWNER. ENGINEER. and hNGINEF.R's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or al conm:ction with any other project or anticipated project 4.3. Phvsioal Condition —Underground Faciliria 4.3.1. Shomr orindcaled: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER a ENGINEER by the owners of such Underground Facilities or by others. Unlessit is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy a completeness of any such information or data; and 4.3.1.2. The cast of all of the included in the Contract Price and shall have full responsibility for. checking all such Mfomnation and allU den round Fs,cililies shown during construction, and (iv) the safety and protection of all such Underground Facilities as provided in pamgmph6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Nat Shown or /mbcated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, promptl mrny iediately after becoming aware thereof and before further disturbing conditions affected thereby or rrfonning any Work in con i6ction therewith (except in an emergency as required by paragruph6.23). identify the owner of such Underground Facility and E)CDCOENERALCOMMONS 19104 (1990 Editim) w/o Ty OF FORT OmI lta moDmcAnons (REv 4/Iow) give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reffed and document the consequences of the existence of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents is required, a Work Charge Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such time, CONTRACTOR shall be' responsible for 0te safety and protection of such Underground Facility as provided in pempraph 6.20. CONTRACTOR dill{ may be allowed an ueresse or the Contract Price m an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected an be aware of or to have anticipated If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adn'usanent in Contract Price or contract Tunas, CONTRACTOR may make a claim therefor as provided in Articles I I and 12. However, OWNER, ENGINEER and FNGTNEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points: 4.4. OWNER shall provideengineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR. shall be responsible for laying out the Work shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point is lot or destroyed or requires relocation because of necessary charges in grades or locations; and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, lazardous Waste or Radioactive Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was out shown or indicated in Drawings or Specifications or identified- in the Contract Documents to be within the scope of the Wort: and which may present a substantial danger to persons or )xopeny exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. •