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109445CONNELL RESOURCES - CONTRACT - BID - 8202 ARTHUR DITCH BRIDGE REPLACEMENT - OLIVE & LOO
City of • Fort Collins /***'� �1, Purchasing SPECIFICATIONS AND Financial Services Purchasing Division 215 N. Mason St. 2"" Floor PO Box 590 Fort Collins, CO 80522 970.221.6775 970221.6707 fcgoi,.com/Pw-c/lasing CONTRACT DOCUMENTS FOR • ARTHUR DITCH BRIDGE REPLACEMENT - OLIVE & LOOMIS INTERSECTION BID NO. 8202 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS DECEMBER 10, 2015 - 3 P.M. (OUR CLOCK) SECTION 00020 INVITATION TO BID Date: November 18, 2015 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 December 10, 2015, for the Arthur Ditch Bridge Replacement - Olive & Loomis Intersection: BID NO. 8202. If delivered, they are to be delivered to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. 0. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the construction of Bid 8202. The Work will consist of the removal and replacement of the Arthur ditch box culvert. The limits of the box are generally located along the Loomis Street alignment. The flow of the ditch traverses from the north east corner, directly south and then in the south east direction. The existing structure will be removed, re -aligned and replaced with a cast -in -place structure. The design length of the project is approximately 294 linear feet. More specifically, the project includes: removals as defined in the plans, erosion control, structural excavation, cast -in -place box installation, water main line removal / replacement, inlet and stormwater pipe installation, concrete curb and gutter, pedestrian access ramps.. full depth and mill and pave asphalt, median / parkway irrigation and turf restoration, landscape, concrete sidewalks and traffic control. Permanent signage, permanent striping and construction staking will be completed by the respective City of Fort Collins Departments. 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 November 30, 2015, in Conference Room 2D at 215 N Mason Street, Fort Collins. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. All questions not addressed at the prebid, must be submitted in writing via email to the Project Manager, Tracy Dyer, at tdyer(a)fcgov.com, with a copy to Elliot Dale at edale(o)fcgov.com, by 5:00 PM on December 3, 2015. Questions received after this deadline will not be answered. The Contract Documents and Construction Drawings may be examined online at • Rocky Mountain E-Purchasing System: www.rockymountainbidsystem.com Bids will be received as set forth in the Bidding Documents. aoverege.-i}te#,-isndsliss�snd-fits licious-miuhiaf, 001th. .doe _.dL._..,, debris Feffiffi-Gil, d.,_,a:.:,._ POF 56.3.---include e-cpenses incurred in the repair or replacement of any -insured -pFopa y (mcludingtmt not 1:_.-red reel and ,.hoof&es of engineersand ardrttw*. or-st-another-location that was-egreedto-in-writing -by first-idedthat-stick-mmerink find equipment -#rave been �EPi6iP+�EEEl2;-ard 5.6.5. be maintained in effect il-final--peyment- s made thirty days! vmtten .o - o�.^� ^�her�dditanal Jgsued 5.7. and-,T.ain a Bch bo ler Find --additioaal-p�s,�r^*sa,anoa as- mwj-b - regaited by- the -Supplementary -Conditions or OWNER, IYIAiTD A(`-t'l)k Q..I...a_w.......R.. LT9149ER any other-�]BFSEI'F1Y. .L-A�r1-�eln�tiJti�d�5 is deemed to 'L�t IIJI4II"aJ aPr!%tlFad-BLFiilArlal-YKai2d: nd mainrained-bydV,WTFR in accor4an e- with -paragraphs 5 6 00vMge-a$'orded--will not-be-oAncelled-or materially charVil *F renewal refused -tggil-atleast-thirty-days'-prior written-neUca ems-�`R,I-given lo--OWN$i2--and whombow issued and will cotttai giver—provisiwts--in—accerdartu with Aph5-11 5 9. OWNF_R shall not be tesponsuble for purctelsing and maintaining any property insurance to protect the interests of CONTRACTOR. Subcontractors or others in �Ee idertkilial in -Ihe SttpPlemanlery £otditiorls:.. TFte risk- of fit, wiff4">Frle such losr-and -if grw of -them wishes -proNny-insurance coverage --within- the -limits uC su amwnis -each may purohase grad maintain -itat-the purchasafs owrraxpense. SA0. - if CONTRACTOR -requests -in writing -that -other _ be charged to Y-apprapriste rl,......_ Qrrlm nr Wntlen A-, a:':end ;;ent - --Prior to EICDCOE?- R CONDITIOM1910-8(1990E(hticu) 10 w/ CITY OF FORT COLLINS MODIFICNrIONS(U-V4R000) commancerrtant-ef thaLVeA:-attMsito,-9il-'A�RR-s}tell-in ire 5.1-1.1: OWNER and CONTRACTOR intro dthata l p-ol1icies purchased -in accordance wiEh-peregaghs 5.(, Snbcontnaotom--` `-"�"E`NGINEEiR_ ENG&3EWs Q.3mullantr Rnd all other in the SUPPIORWHUH-j- GRAG1449fiS 18 be LAN al.rszHeds-or- additional-in4urmk-in-%ieh-p&t6es- Rnd damages onused-by4he-puilsoovered-thereby—,all in the event of payinent of any loss ur damage Lh against each edw and their respective affiaeas tip.or aF_=ni 1.., ...- ....1.. 64,14 -oAaffnndt tnaddition, waive all such Fuboontmctem EN6D �6WG11,&P„ Consultants and all Wier persoworentities identitled in the gkfpvielnen�.ary P01writions !a be liseed--W losses end- damage -:sue making su, t. pa}atble under-any-pelicy-so-issued . i 1 l 1 in .odd,:..., !MATTED IN...:. es All agaaast— 0N, T�R„ACTGR — Subcott§adors, taff/Gars.-liF2`QiaF4—.."'F'•�'JaeS -R(Nt-agaNS--k1f-�afPf-Of tltern; {Gr; less due te h of use -or other -vonsequential--loss-extending beyond -direct- physical --less --- or- -damage-- o erisirig out-of-0r rasrlMing Crum-�tre-aFotFaer peril; w}edklnr-or rax inwrad try-OWN[3R, and 5444.2-1oss-or-damage--io-4x completed renaltirtg Gom-fueor adtcr-irtsared pail'aoverad during -partial--utilimtion--pursuant--to para�aph-14.}pr-after Sub%araial--Completion pursuant -to-primgraph-14.Sor-alter-hrel-payment .--agrap" 1-4 -shalle effect that gt kha avert-4--paynteat of any surw c;nnsegaential loss the insurers will have no nj#rts a • recoveery-egaittst-itx}4-GQN-TP.AG-TGR -Subcontractors: Receipt andApplicadon ojlnxcxtnceProeeet6: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph5.13. 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 retch If no other special agreement is reached the damaged Work shall be repaired or replaced the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any lass with the insurers unless one of the parties in intemst shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. if no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and if FIN1114A 'R Iff4iNg by HAY PHA)' of Acceptance of Bonds and Inmmce,• Option to Replace: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the >S-or insurance required to be purchased and maintained by the CONTRACTOR in accordance with Article 5 on the sus of non-conformance with the Contract Documents, the eb*ling party shall-svranFrfy thrdherpraly OWNER will Iy Q'QNTlAaQg in writing within ten fi[te� days after receipt deli of the certificates (ert+ther-evidenoe requested) tq OWNER a* required by paragraph 2.7. other-suchadditioml-utformetion-irraspect-of ttsuurame pravi<kd as }tn-ether-may-ratcsonttlily-ratltlest:-4Feniihar party%s not purchase m-maintain-al}-of-the-Bonds-and insurance required of- such - -party --by--the --Cottrwt 13osument--sae#ry+erty-shell--nut;c.�-„por" writingfailure to -purchase prior to the stun -of the sin.prior-te,a....�_.,l-a;;ga in or-ramedy,--the-athar iparty, -may -elect 4o obtain equivalent 13orxlsor-insurance-tr 7otect-su ch-otherperty's-veterests-at thee-axpeune c>f-the-party-who+v as -raga iccf to -provide such seveaagge, and a Ohange Ordef shall be issued to-edju !A the C-ontreotBrice-ecoordingly: Partial Ufihza6on-Prvpot5,lnsurance- 5.15. If OWNER finds it necessary to occupy or use a potion or portions of the Work prior to Substantial EJCDC GENEkAL COMMOM 1910-8 (1990Eatirm w/ CITY OF FORT COLUNS MODIFICATTONS QtEV 42000) 0 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 acknowledged notice thereof and in writing effectal any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE: 6-CONTRACTOR'S Supervision and Superintendence 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently. devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contact Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of mnswction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific meats• method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents 6.2. CONTRACTOR shall keep on the Work at all times during 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 on behalf of CONTRACTOR All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent• suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given alter prior written notice to ENGINEER. CONTRACTOR shall submit requests to the ENGINEER no less than 48 hours in advance of any Work to he performed on Saturday. Sunday. Holidays or outside the Regular Work= Hours. m 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall famish and assume full responsibility for all materials, equipment, labor. transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing start-up and completion of the Work. 6.4.1. Purchasing Restrictions: CONTRACTOR must comply with the Citv's purchasing restrictions. A copy of the resolutions arc available for review in the offices of the Purchasing and Risk Management Division or the City Clerk's oMCC. 6.4.2. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suopliws and producers of cement or products containing cement to ce tify that the cement was not made in cement kilns drat bum hazardous waste as a fuel 6.5. All materials and equipment shall he of good quality and new, except as otherwise provided in the Contract Documents All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. if required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment Ail materials and equipment shall be applied installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents Progress &kedule.- 6.6. CONTRACTOR shall adore 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 paragraph 2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.61. 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 adluslmenLs may only be made by a Change Order or Written Amendment in accordance with Article 12 6.7. Subsiilutesand"Or-Equal"items• 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description VCDC OENEP A1. CONDITIONS 191" (1990 Edition) 12 w/ CITY OF FORT ODUJNS MODiFTCATIONS t1tEV 42000) contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances- 6.7.1.1. 'Or -Equal". If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or al" item. in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substihate Items: if in ENGINEER'S sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements end 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 fiNGiNEER from anyone other than CONTRACTOR If CONTRACTOR wishes to furnish or use a substitute item of material or equipment. CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contact with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royally. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated The application will also contain an itemized estimate of all coats or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected • • by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may reyunre CONTRACTOR to furnish additional data about the proposed substitute. 6.7.13. COAMCTOR's Lkpense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense. 6.7.2. Substitute Construction Methods or Procedures: if a sspp.�eccific means, method, technique, sequence or proccd rc of construction is shown or indicated m and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow E'NGiNEER, in ENGiNEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. IRGI IM- R will be the sole judge of acceptability. No "oPequal" or Substitute will be ordered, installed or utilized without ENGINEER'S prim written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEE2's Consultams in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making charges in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. 6.g. Concerning Subcontractors, Suppliers and Otheua: 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 6.8.21 whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. ex,)caM4E& L CONDITIONS tsioa (1990 E6tian) Wf MY OF FORT a)LUM MODa7CATIONS (REV 42000) 6.9. CONTRACTOR shall perform not less than 20 percent_of the Work with its own forcesAtbat i_s, without ntra i t the Work Muiremen shall be understood to re er to a value of which totals not less than 20 oercent of the Contract Price 6.8.2. If-tho--Supplememory-Conditions Biddin Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNER in elvenoe-of-the-speeified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGiNEE''R-end-if OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any -lush �eubcSupplier or other persona b�nsis of ren in ..d.:sh RaspnnwiTunr-rno_ shall submit FlCfepatli{z-9tlbNtic�uo:,=u c - vrmaE,"--T'itee-Yiill--bC Change -Order hNGCNbbR. No acceptance by UWNbR 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 responsible to OWNER and ENGINEER for all ads and omissions of the Subcontractors, Suppliers and other persons and organizations performing or famishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor. Supplier or other person or organization any contractual 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 we to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. OWNER or ENGINEER may furnish to any subcontractor, supplier or other person or cmanization evidence of amounts paid to CONTRACTOR in aecordamx with CONTRACTORS "Applications for Payment". 13 6.9.2. CONTRACTOR shall be solely responsible for scheduling anal coordinating the Work of Subcontractors. Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of an Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11 All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an ariate agreement between CONTRACTOR and the Moomractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terns and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. ' edditiarml-ireured- M"ie-propertY-MaWW-ceyjravided-M pategraph53,6--eF- , the -osr o*,ela betWe8A the CONTRACTOR and the Subcontractor or Supplier will wflivpq ., 11 Mien.,eng n\1AiLe hetef of Supple p�ATGfNC.vrr m• colt rw;CCn,.lr,......, �.,. arising eut ef of its from any of the perils covered by such o the Work— If-the-utsarars-on-any.-suds-peAicies-require .3....:.. he SRIM ` Patent Fees and Roymldes: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or INGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEI R's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs. losses and damages arising out of or resulting from any infringement of patent rights or copyr4,* incident to the use in the performance of the Wort: or resulting from the incorporation in the Work of any invention, design jprrocess, product or device not specified in the Contract Documents EXVC OEN atA1, CONDITIOM 1910-9 a990 EAitiomn 14 wI CITY OF FORT COLUNS MODIRCAT10NS itt -V 42000) Permits 6.13. Unless otherwise provided in the Supplemrntary Condition, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees 6.14. Laws andRegrrlarions: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furmshirtg and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONfRACTOR's compliance with any Laws or Ragulations. 6.14.2. If CONTRACTOR performs am 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 riot be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. Taxes 6.15. CONTRACTOR shell pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15.1. OWNER is exempt from Colorado State and local stiles and. use taxis on?najeerials to be �or rma ently rated into the' project. Said taxes shall not be included in the Contract Price. Address: Colorado Department of Revenue State Capital Annex LI 0 J 1375 Sherman Street Denver. Colorado, 80261 Sales and Use Tares for the State of Colorado RCgional Transportation District (RTD) and certain Colorado counties are collected by the Slate of orado and are included in the Certification of Exemption All appliable Sales and Use Tares (irtcludirw State collected tares), on any items other then construction and building materials PbNwcalh• incorporated into the project are to be paid by CONTRACTOR and are to be mcluded in appropriate bid items. Use of Premises: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the =tions of workers to the site and Land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or arcs, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve tla claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest crtcnt permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER ENGWEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or cquitablo, brought by any such owner or occupant against OWNER ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work CONTRACTOR shall keep the premises free from accumulaticns of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work CONTRACTOR shall restore to anginal contlition all property not designated for alteration by the Contract Documents 6.18. CONTRACTOR shall not load nor permit any pan of any structure to be loaded in arty manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressure -that will endanger it. Record Documents: &CDC OENMa COMM ONS 19108 (1990 Edtio u w/ Cl Y OF FORT COLUNS MODIFICATIONS (REV 420W) 6.19. CONTRACTOR shell maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments. Change Orders. Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to pamgraph 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 Dnawmgs will be available to ENGINEER for reference. Upon completion of the Work, and prior to release of final payment, these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER Safely and Protection 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety oC and shall provide the necessary protection to prevent damage, injury or loss to: 6.20,1. all persons, on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction, CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and "If crect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, in ury or loss to any property referred to in paragraphs 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them maybe liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGUMER'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 airy Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINFFR hang issued a 15 notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. Safeq-ReprevenWdve. CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and=iporu bilities stall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Hazard Communication Prugrams. 6.22. CONTRACTOR shall be responsible for wordirmtutg any exchange of material safety data sheets or other hazard communication information required to he made available to or exchanged between or among employers at the site in accordance with laws or Regulation Finergencies.• 6.2.3. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER is obligated to act to prevent threatened damage• injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Charge Directive or Change Order will be issued to document the consequences of such action 6.24. Shop Drawings and Sampler 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities dimensions. specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the infomation for the limited purposes required by paragraph 6.26. 6.24.2, CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to eriable ENGINEER to review the suhminal for the limited E)MC GENERAL CONDn1OtS 191" (1990 Editim) 16 wt aTY OF FORT OOLLIN5 MOOMCAIIONS (REV VNOD) purposes required by pamgaph6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures: 6.25.1. Before submitting each Shop Drawing or Sample. CONTRACTOR shall have determined and verified: 6.25,1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto. 6.25.1.2. all materials with respect to intended use, fabrication, shippppi�ng, handling, storage, assembly ani installation pertaining to the performance of the Work, and 6,23.1.3. 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 Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that subm itral- 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Ducunnents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of s • 0 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 serte item as such will not indicate approval of the assembly in which the item function 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 ENGINEER an previous submittals 6.27. ENGINEER's review and approval of Shop Drawing or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER'S attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Draping or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph 2 9, any related Work performed prior to ENGINEER'S review and approval of the pertinent suhatimal will be at the sole expense and responsibility of CONTRACTOR Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragmph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 630. CONMWTOR's General Warranrp and Guarantee.• 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINES -Rs Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR Subcontractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in EJCDcoENERAt CON IMONS 1910-8 (1990 E&5m) rr/ CITY OF FORT COLUNS MODIFICATIONS (REV 42000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6.30.2.5. any acceptance by OWNER or any failure to do so; 6.30.16. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13: 6.30.2 T any inspection, test or approval by others; or 6.30.2.8. any correction of defective Work by OWNER. Indemnifuartion: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER. L�VGINEER. ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claim% costs, losses and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itsell), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR any Subcontractor. any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity inoiemnilied 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 arty and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR any Subcontractor, any Supplier, any person or organization directly or indirectly employed by 17 any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGINEER and ENGINEER!s Consultants, offious, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. SYmnml 0f 0b4ganiau 6,34, All representations, indemnifications, warranties and guarantees made in required by or given in accordance with the Contract Documents, as well as all continuing obligatioris indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7-OTHER WORK Related Nark at Site• 7.1. OWNER may perform other work related to the Project at the site by OWNERSs own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then. (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (ii) CONTRACTOR may make a claim therefor as provided in Articles 1 I and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the am cunt or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is pertdmning the additional work with OWNERSs employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable EJCUC O NERAL CONDITIONS 1910-S (t990 Editim) 18 w" CITY OF FORT COLUNS MODIFICATIONS (REV 4R000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work perfnnned by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies is such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coortdnadon: 74. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who wil I have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such authority and responsibility will be itemized; and 7.4.1 the extent of such authority and responsibilities will be provided Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination ARTICLE 8-OWNER'S 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINh"sER 8.2. In case of termination of the employment of 1TRGTNEER. OWNER shall appoint an engineer against wiarn -CON-TRAC-TOR--makea�reawmble-ebjeetitm; whose status under the Contract Documents shall be that of the former ENGINEER. 83. OWNER shall famish the data required of OWNER order 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. OWNERS duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph4.2 refers to OWNERSs identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing • • structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. forth in paragraphs ,5-through-5 0 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4 8.8. In connection with OWNER's right to stop Work or suspend Work, sec parraaggrraaphs 13,10 and 15.1. Paragraph 15. deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR'S means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with laws and Regulations applicable to the famishing or performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or famish the Work in accordance with the Contract Documents. set 5 aursrtgemants--Mve--�+un--made—io—satisfy—C1�VNER's rasponsilvi4ity inn-r�xot-tltereof will be as set-forth-irt-the Sttpplentetttary-CortdiEiars: ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION OWNER'sRepresentafine: 9.1. ENGINEER will be OWNER'S representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER h esis to Site: 9.2. ENGINEER will make visits to the site at intervals app priate to the various stages of costmction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress EJCDC GENERAL CONDITIONS 1910-8 (1990 edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 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 OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on. site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEER's ortsite visits or observations of CONTRACTORk Work ENGINEER will not supervim direct, control or have authority over or be responsible for CON!'RACTOR'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 Taws and Regulations applicable to the f irmshhg or performance of the Work. ProjectRepresenmrfve: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. the responsibilities and authority and limitations thereon of arty such Resident Project Representative and assistants will be as provided in paragraphs9.3 and 9.13 ��.�:�he SaN ei*ie"" Conditions of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGEN'EER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in the Supplementafy Genditio paragraph 9.3 of these General Conditions If the ENGINEER furnishes a j; ident Proiect Reorefgttative i$M or other assistants, or if the OWNER tea a Rearesentaxive or agent. all as provided in mraaraeh 9.3 of the General Conditions these Representatives shall have the authority and limitations as rovided in naragrm 9.13 of the General Conditions and shall be subject to the following: 9.3.1. The Representative's dealings in matters pertain to the on -site work wilLLm generaL be with the ENGINEER and CONTRACTOR But. the R�eastNative will keep the OWNER txocerly advised about such matters. The Representative's dealings with subcontractors will only be throiuith or with the hill J riawledge _ and approval of tht CONTRACTOR 9.3.2. Duties and Respursibilitiem Representative HE l: 9-3.2.1. Schedules - Review the pratzr�s 19 • 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. 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 Paul Purchasing Director schedule and other schedules prepared by the CONTRACTOR and consult with the ENGINEER concerting acceptability. 9.3.2.2. Conferences and Mcelina - Attend meeting with the CONTRACTOR such as preconstruct on conferencesprogress meek and other iob conferences and prepare and circulate copies of minutes of meetings. 93.2.3. Liaison 9.3-23.1 Serve as ENGINEER'S liajson with CONTRACTOR waking Principally throutth CONTRACTOR'S stmerintendent to assist the CONTRACTOR in urderstandine the Contract Docwncnts 9.3.2.3.2. Assist in obtaining Gom OWNER additional details or information. when required, for proper execution of the Work. Advise the ENGINEER and CONTRACTOR of the commencement of any Work rcquinng a Shop Dmwing or sample submission if the submission has npt hcrn atmroved* the ENGINEER. 9.3.2.4.Review P1 ork. BSiSSSioA of Dg[tetivs Work Inspections and Tests - 9.3.2.4.1. Conduct on-sitc observations of the Work m V to assist the ENGINEER in deterninit c that the Work is proceedmg in accordance with the Contract Documents - 9.3.2.4.3. Accompany visiti_M inspectors reoresentma tnlblic or other agencies having jurisdiction Oyer the Proord'ect the results of these inspoctionns and report to the ENGINEER 9.3.2.5. Intetpaetation of Contract Documents. Report to ENGINEER when clarifications and uiterpretations of the Contract Documents are needed and transmit to CONTRACTOR clarification and interpretation of the Contract Ikxuments as issued by the Itr.fei I z 7 9.3.2.6. Modifications. Consider and evaluate CONTRACTOR'S suggestions for �0 FXDC GENERAL CONDIT10NS 1910-8(1990 Edilm) w1 CITY OF FORT COLLINS MODIFICATIONS (REV 412000) modification in Drawings or Specifications and reFort these recommendations to_ENGINEER. Accurately transmit to CONTRACTOR decistons issued by the to 9.3.2.7. Records. i yr.esy ��y,$.l. Fumiab ENGINEER,�iudic reports as reouit d. of the prQwea of the Work and of the CONTRACTOR'S ye(ttpliance Kjth_tbe,progress x)sedyl�gJtd schedule of Shop Drawing and sample submiMb. 93.2.82. Comb with ENGINEER in advance of scheduling major testa; inspections or start of important phases of the Work. 9.32.8.3, Daft ptrgNsed Change Orders and Work Avechve Chatnges obtaining lockup material from the CONTRACTOR and recommend to ENGINEER Change Orders Work Directive Changes and Geld orders 9.3.2.8.4. immediately to ENGINEER an OWNER the occtarence of any accident. --- 9.3.29. Pavment Rccquests Review applications for payment with CONTRACTOR for mmpliance with the established procedure for thew submission and forward with recommendation to ENGINEER. noting particularly the relationship of requirements of the Contract Documents (in the form of _t te_Qaymment_xzgwzte5l to the xheduJe pf v_alues. Drawings or otherwise) as ENGINEER may determine work completed and materials and egw�tnent necessary, which shall be consistent with the intent of and delivered at 11� site but not incorporated in the reasonably inferable from the Contract Documents. Such Work. written clarifications and interpretations will be binding on OWNER and CONTRACTOR If OWNER or 212J-0--CW.1)1C—U9r—L CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price 9.3.2.10.1. Before ENGINEER issues a or the Contract Times and the parties are unable to agree Certificate of Substantial Completion submit to the amount or extent therou4 if any, OWNER or to CONTRACTOR a list of observed items CONTRACTOR may make a written claim therefor as revuirim correction or completion provided in Article 11 or Artick 12. 9.3.2.10.2. Conduct final inspection in the Authorized Variations in Work: companv of the ENGINEER. OWNER and CONTRACTOR and prepztrc a final list of 9.5. ENGINEER may authorize minor variations in corrected to be coected or completed. the Work from the requirements of the Contract Documents which do not involve an adjustmem in the 9.3.2.10.3. Observe that all items on the Contract Price or the Contract Times and arc compatible Etna! list have been corrected or completed and with the design concept of the completed Project as a make recommendations to ENGINEER functiuning whole as indicated by the Contract concerning acceptance. Documents. These may be accomplished by a Field Order and will be binding on OWNER and also an 93.3. Limitation of Authonty The Representative shall CONTRACTOR who shall perform the Work involved not: promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or 9.3.3.1. Authorize any deviations from the the Contract Times and the parties are tenable to agree as Contract Documents or accept any substitute to the amount or extent thereof, OWNER or flgate-01M N!h it l ¢y—ft CONTRACTOR may make a written claim therefor as ENGINEER provided in Article 11 or 12. 93.3.2. Exceed limitations of ENGINEERS RejecangWedive Work authority as set forth in the Contract Docu actu 9.3.3.3. Undertake any of the respons bilities 9.6. ENGINEER will have authority to disapprove or of the CONTRACTOR Subcontractors. or reject Work which ENGTNEFR believes to be defective, CONTRACTOR'S mpetintendeM or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that 93.3.4 Advise on or issue duections relatiyS will prejudice the integrity of the design concept of the to, or assume control over any asoed of the completed Project as a functioning whole as indicated by ream methods, t es,_seAxnces cr the Contract Documents ENGTIv'EER will also have procecbues for construction unless such is authority to require special inspection or testing of the st>ecificallv called for in the Contract Documents. Work as provided in para graph 13.9. whether or not the Work is fabricated, installed or completed. 93.3.5. Advise an or issue directions rcit,yAng or assume control over safety Shop Drawings, Change Orders andPaymenrs, precautions and programs in corrections with the Work. 9.7. In connection with ENGINEERS authority as to Shop Drawings and Samples, see paragraphs 6.24 through 93.3.6. Accept Shop Ihawings or sample 6.28 inclusive. submittals from anyone other than the CONTRACTOR 9.8. In connection with ENGINEFRs authority as to Change Orders, we Articles 10.11, and 12. 9.3.3.7. Authorize OWNER to occupy the Work in whole or in pert. 9.9. In connection with ENGINEER'S authority as to Applications for Payment, see Article 14. 9.3.3.8. Psrticipete in soecialiaed field or laboratory tests or inspections conducted by others Deternunations for Unit Prices: etaot as specificalW authorized by the ENGINEER 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by Clarificationsandlnterpretalions: CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary 9.4. ENGINEER will issue with reasonable promptness determinations on such matters before rendering a written such written clarifications or interpretations of the decision thereon (by recommendation of an Application EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) 21 w! CITY OF FORT COLLINS MODIFICATIONS (AEy V2000) for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOk unless. within ten days after the date of any such decision. either OWNER or CONTRACTOR dclivcrs to the other and to ENGINEER written notice of intenttion to appeal from ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16. or (u) if no such Dispute Resolution Agreement has been entered into. a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such Tights or rcmedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR Such appeal will not be subject to the procedures of paragraph 9.11. Decisions an Disputes• 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to FNGiNFER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or evem unless ENGINEER allows an additional period of time for the submission of additional or more accurate daft in support of such claim, dispute or otlxr matter. The opposing Party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A. "Dispute Resolution Agreement", entered into between OWNER. and CONTRACTOR pursuant to Article 16, or Q if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competed jurisdiction to exercise such rights or remedies as the appealing party may haver with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 22 wf CITY OF FORT COLLINS MODIRCATIONS (REV 4n000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR 9.12. When functioning as interprets and judge under paragraphs 9.10 and 9.11. ENGINEER will not show ppeettttiality to OWNER or CONTRACTOR and will net be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any, such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have tinder the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pwsuentleAracle 16. 9.13. Limitations an ENGINEER's :authority and Responsibilities: 9,13.1. Neither ENGINEER'S authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, am, Supplier, any other person or organization, or to airy surety for or employee or agent of any of them. 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEQ2 will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with the Contract Documents 9.13.5. The limitations upon authority and • responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Residers Project Representative and assistants. ARTICLE 10—CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article 11 or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 arid 3.6, kept in the case of an emergency as provided in paragraph 6.3 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14. or (it) agreed to by the parties; 10.4.1 changes in the Contract Price or Contract Times which are agreed to by the parties: and 10.43. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11; provided 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 and Regulations, but during any such a 1, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents erCDC43BERALC0t01110M 1910-8(1990eatim) car CITY Or FORT COLUNS MODIFICATIONS OLEV 412000) • (including, but not limited to. Contract Price or Contract Times) is required by the provisions of any Bond to be given to a suretyry, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11—CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price, 11.2. The Contract price may only be changed by a Change Order or by a Written Amendment Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other parry and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the Central nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's writer statement that the adjustment claimed covers all }mown amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree an the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of arry claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11.9.1 through 11.9.3. inclusive); 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph I L6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under pamgalih 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost of the Work 11.4. The term Cost of the Work means the sum of all casts necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER such costs shall be to amounts no higher than those prevailing in the locality of the project, shall include only the following items and shall not include any of the costs ucmi7ed in paragraph 11.5 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the site. Payroll costs for employees not employed full -tune on the Work shall be apportioned on the basis of their tune spent on the Work. Payroll tests shall irwluclr,4 ,not be limited to - salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' conpensetion health atsd rretuement benefits, bonuses; and hohday pay applicable thereto. The expenses of performing Work after regular working hours, on Saturday. Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of tranuportation and storage thereof, and Suppliers field services required in connection therewith All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts. rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNED and CONTRACTOR shall make provisions so that they may be obtained 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. if required by OWNER, EJCDC OE2� CONanors 1910a(1990 EMM) 24 w/ CITY OF FORT COLUNSMODIFICATIONS(REV 42000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine. with the advice of ENGINEER which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 1 I A, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consmned in the performance of the Work. and cost less market value of such items used but not consumed which remain the property of CONTRACTOR 11.4.53. Rental% of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER and the costs of transportation, loading unloading, installation, dismantling and removal thereof --all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Mork. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work. and for which CONTRACTOR is liable. imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royally payments and fees for permits and licenses 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except 11.5.5. Costs due to the negligence of losses and damages within the deductible mnounts CONTRACTOR any Subcontractor, or anyone of property insurance established by OWNER in directly or indirectly employed by any of them or for accordance with paragraph 5.9), provided they whose ads any of them may be liable, including but have resulted from causes other than the not limited to, the correction of defective Wo& negligence of CONTRACTOR, any Subcontractor, directly indirectly disposal of materials or equipment wrongly supplied damage or anyone or employed by any of them or for whose acts any of and making good any to property. them may be liable. Such losses shall include 115.6. Other overhead or general expense casts of settlements made with the written consent and any kind and the costs of any item not specifically and approval of OWIN'ER. No such lases, damages expressly included in paragraph 11 A. and expenses shall be included in the Cost of the Work for the purpose of determining 11.6. The CONTRACTOR's tee allowed to CONTRACTOR's fee. It however, any such loss CONTRACTOR for overhead and profit shall be or damage requires reconstruction and determined as follows CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid fcr services a fee 11.6.1. a mutually acceptable fixed fee; or proportionate to that stated in Paragraph 11.6.2. 11.6.2. if a fixed fee is not agreed upon, then a fee 11.4.5.7. The cost of utilities, fuel and sanitary based on the following percentages of the various facilities at the site. portions of the Cost of the Work: 11.4.5.8. Miner expenses such as telegrams, 11.6.2.1. for costs incurred under long distance telephone calls, telephone service at paragraphs 11.4.1 and 11.4.2, the the site, expressage and similar petty cash items in CONTRACTOR'S fee shall be fifteen percent; connection with the Work. 11.6.2.2. for eras incurred under 11.4.5.9. Cost of premiums for additional Bonds paragraph 11.4.3, the CONTRACTORS fee shall and insurance required because of changes in the be five percent; Work. 11.6.2.3. where one or more tiers of 11.5. The term Cost of the Work shall not include any of subcontracts are on the basis of Cast of the Work the following. plus a fee: and no fixed fee is agreed upon the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.5.1. Payroll casts and other compensation of 11.6.2 is that the Subcontractor who actually CONTRACTORS officers, executives, principals (of performs or fumishes the Work, at whatever tier, • partnership and sole proprietorships), general managers, will be paid a fee of fifteen percent of the costs engineers, architects, estimators, attorneys, auditom incurred by such Subcontractor under paragraphs aocountants, purchasing and contracting agents, 11.4.1 and 11.4.2 and that any higher tier expediters, timckeepers, clerks and other personnel Subcontractor and CONTRACTOR will each be employed by CONTRACTOR whether at the site or in paid a fee -of -five -percent -of theamoutt-paid4o CONTRACTORSs principal or a branch office for tractor, to be negotiated general administration of the Work and not specificallyy in gpgl faith wjth the OWNER but not to exceed included in the agreed upon schedule of job five percent of the amount Imid to the next lower classifications referred to in paragraph 11.4.1 or Ii5abcantraetor. specifically covered by paragraph 11.4.4-rill of which are to be considered administrative costs covered by the 11.6.2.4. no fee shall be payable on the basis CONTRACTOR's fee of costs itemized under paragraphs 11.4.4, 11 A.5 and 11.5; 11.5.2. Expenses of CONTRACTOR'S principal and branch offices other than CONTRACTOR's office at 11.6.2.5. the amount of credit to be allowed the site. by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the 11.53. Any part of CONTRACTOR' capital amount of the actual net decrease in cost plus a expenses, i ncludurg interest on CONTRACTOR'S deduction in CONTRACTOR's fee by an amount capital employed for the Work and charges against equal to Eve percent of such net decrease; and CONTRACTOR for delinquent payments. 11.6.2.6. when both additions and credits are 113.4. Cast of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required involved in any one change, the adjustment in CONTRACTOR' fee shall be computed on the by the Contract Documerits to purchase and maintain basis of the net change in accordance with the same (except for the cod of Premiums covered by paragraphs 11.6.2.1 through 11.6.2.5, inclusive. subparagraph 11.4.5.9 above). 11.7. Whenever the car of any Work is to be EXDC OENERAL CONDITI ONS 1910-8 (1990 Edtim) 25 AV CITY OF FORT CX)LLINS MODIRCATIONS (REV 42000) 0 determined pursuant to paragraphs 1 l.4 and 11.5. CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Conrad Price all allowances so named in the Contract Documents and shall cause the Work so covered to be ["shed and performed for such sums as may be acceptable to OWNER and ENGINEER CONTRACTOR agrees that: 11.8.1. the allowances include the cast to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the sites and all applicable taxes: and 11.8.2. CONTRACTORS costs for unloading and handling on the site, labor, insullation costs, overhead profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing wi Il be valid - Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Bice shall be correspondingly adjusted. 11.9. Unit Price Work 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times tlx 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 classificetions of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONIRACTORs overhead and profit for each separately identified item. 11.9.3.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article I i if. 11.9.3.1. the quantity of any item of Unit Price Work perfomed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; E1CDC O6N17eAl. CONDITIOM 1910-3 (1990 Editim) 26 w! CITY OF FORT COLLINS MODIFICATIONS (FLLV 42000) and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expanse or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 11.9.3.4. CONTRACTOR acknowledges that the OWN ER has the right to add or delete items in the Laid or change uuantities at OWNER'S sole discretion without affectinm ihne Contract Price of any remaining item sat Icmpt as the deletion or addition does not excad twentrtive tercent of the anginal total Contract Ptiee. ARTICLE 12—CHANGE OF CONTRACT TIMES 12.1. The Contract Times (a Milestones) may only be changed by a Charge Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other I" and to ENGINEER promptly (but in no even later than thirty days) after the occurrence of the event giving rise to the claim and .dating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty, days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said even. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with pamgruph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 123. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 121. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and • within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR 12.4. Where CONTRACTOR is prevented from completing any pan of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Ivhlestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or tagunimticn, or to any surety for or employee or agent of a of them, for damages arising out of or resulting from ((ii) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties including, but not limited to, fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE W ORK 13.1. Notice efDefects: Prompt notice of all &fective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Rork: 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 reasonabk—times for their observation. inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Teas and Inspections 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all vspechons, tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.1 that casts inetaIed in connection with tests or inspections conducted pursuant to pamggraph 13.9 E)COC ODU AL COM1 MOM 191" aW EditkN ,/CITY of FORT COLL1M M0MCATMS (REV 4rl000) below shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Contract Documents. 13.5. If Laws or Regulations of arry public body having jurisdiction require any Work (or part thereof) specifically to be inspected tested or approved by an employee or other representat vc 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, or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all casts in connection with any inspections, tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONT CTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINFIa2, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's exp>crse unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has net acted with reasonable promptness in response to such notice. Uncm,ering drink: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGDTER's observation and replaced at CONTRACTOR's acperse. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others. CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, fltmishing all necessary labor, material and equipment. If it is found that such Work is defecthe, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Rice, and, if the parties are unable to agree as to the amount thereof; may make a claim therefor as provided in Article 11. If, however, such Wurk is not found to be defeedve, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such 27 uncovering, exposure, observation, inspection, testing, replacement and reconstruction; arid, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. OWNER May Stop the Work: 13.10. If the Work is defectve, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish orperform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Remmnt ofDefecerve Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed either correct all dtfictive Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). UAL Correction Period• 13.12.1.1E wither, one year twn wars after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of arry applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defchve Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such irrsrructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, casts, losses and damages caused by or resulting from such removal and replacemem (including but rot limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR 13.122.In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to nun from an earlier date if so provided in the Specifications or by Written Amendment 13.123. Where defective Work (and damage to other EJCDC OENt3t 1, CONDITIONS 19104t(1990 EdGtim) 28 col CITY OF FORT OULUNS MODIFICATIONS (RFV 42000) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12. the curection period hereunder with respect to such Work will be extended for an additional period of ene year two years after such correction or removal and replacement has been satisfactorily completed. Acceptance ofDefechve Work: 13.13. If, instead of req correction or removal and replacement of defective Wok OWNER (arc prior to ENGWEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claim& costs, losses and damages attributable to OWNER'S evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of foal payment. a Change Order will be issued incorporating the necessary revisions in the Coronet Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will he paid by CONTRACTOR to OWNER. OWNER AlaF Correct Defective Work: 13.14 If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace reJected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTORS services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials arch equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER OWNERS representatives, agents and employees, OWNER's other contractors and ENGINEER and ENGINEERS Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph All claims, costs, lasses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respell to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof. 01ATlER may make a claim therefor as provided in Article 11. Such claims, casts, losses and 9 damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be alluwed an extension of the Contract Times (or Milestones) because of any delay in performance of the Wok attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14—PAYAMNTS TO CONTRACTOR AND COMPLETION Schedule of Values., 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment• 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month). CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing. the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and 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 retainrage with respect to progress payments will be as stipulated in the Agreement. M utglE that are withheld by the OWNER shall not be suboea to substitution by the CONTRACTOR with securities or anv arrangements involvinre an escrow or custodianship.By executithe a_ppliwtion for oavmarl form the CONTRACTOR_Jxessly waives his right to the benefits of Colorado Revised Statutes Section 249]-101. at M. CONTR.4CTOR's Warranty of Title. 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment. whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of.4pplications far Progress Payment 14.4. ENGINEER wilL within ten days after receipt of each Application for Payment, either indicate in writing a E1cDC OFNEM cotminONs 191" (19W E(Ktim) w/ CITY OF FORT C0111M MODIFICATIONS M V 42000) 9 recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case. CONTRACTOR may make tau necessary corrections and resubmit the Application. Ten days after presentation 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. ENGiNEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGiNEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accordance with the Contact Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contact Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous or,ske inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contact Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR 14.6. ENGTNEERs recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contact Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to 29 SECTION 00100 INSTRUCTIONS TO BIDDERS Ol4NER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in FNGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGfNEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set- off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld or any adjustment thereto agreed to by OWNER and CONTRACTOR when CONTRACTOR «meets to OWNEt's satisfaction the reasons for such action Sabalaatial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a kale of Substantial Completion. Within a reasonable time thereafter. OWNER CONTRACTOR and ENGINEER shall make an 'inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete. ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER EiCDCOENERAt CONDITIOM 191" (1990 E(fina,) 30 wl CITY OF FORT COLD N5 MODIFICATIONS (REV 4/t000) considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Complettom There shall be, attached to the ce-rtificate a tentative list of items to be completed or corrected before final payment OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after corsiderirr4 such objections, ENGINEER concludes that the Worl is not substantially complete. ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, staling the reasons therefor. If. after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to securiry, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise inwr�tvmg and so inform ENGINEER in writing prior to ENGiNF.ER's issuing the definitive certificate of Substantial Completion, ENGINEEWs aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work alter the date of Substantial Completion, but OWNER drill allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Parris! Usliyrdon: 14.10. Use by OWNER at OWNER's option of any substartally completed part of the Work. which: (i) has specifically been identified in the Contract Documents, or (u) OWNER. ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following 14.10.1.OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such pan of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that pan of the Work. • CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that Part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that pan of the Work to be substantially complete. the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of pamgaph 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 Work is incomplete or defective. CONTRACTOR stall immediately take such measures as arc necessary to complete such work or remedy such deficiencies Final Appllcation forPayment: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.4. certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be aamompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work: In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and affidiavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied If arty Subcontractor or Supplier fails E1CDC GENERAL COND11I ONS 191" (1990 E(litian) wl CITY Or FORT CULUM MODIFICATIONS (REV V2000) 9 to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien Releases or waivers of liens and the consent of the surety to futalireeayment are to be submitted on forms conforming to the format of the OWNER'S standard Corms bound m the Project_manual. Final Payment and Acceptance: 14.13 If, on the basis of ENGINEER's observation of the Work during construction and final inspection. and ENGWEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled_ ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGiNEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate fort and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to rKagraph 17.6.2 of these �te�]gT$1 C�ttditA4tt� 14.14 IC through no fault of CONTRACTOR final completicn of the Wink is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. if the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in parag iph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terns and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims 14.15. The making and acceptance of final payment will constitute: 14.15.1 a waiver of all claims by OWNER against CONTRACTOR, except claims arising from urnsetded Liens, from defective Work appearing after 31 final inspection pursuant to paragraph 14.11. from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.15.2.A waiver of all damns by CONTRACTOR against OWNER other than those previously made in venting and still unsettled. ARTICLE 15•-SUSPENSION OF WORK AND TERMINATION OWN? R May Suspend Work: 15.1. At any time and without cause. OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Wok on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both directly attnb=ble to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNER May Tamrnare: 15.2. Upon the occurrence of any one or more of the following everts: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accadancY with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under 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 jurisdiction; 152.3. if CONTRACTOR disregards the authority of ENGINEER, or 15.2.4. if CONTRACTOR otherwise violates in any subslantial way any provisions of the Contract Documents: OWNER may, after giving CONTRACTOR (anal the surety, if any) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliancm construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for tres)ass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid FICDC otamt u. CorrolTTOM 1910.9 (1990 Edtim) 32 wralYOFFORTODLLIMMootncanota (RhV4rz000) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished If the unpaid balance of the Contract Price exceeds all claims. costs, losses and damages sustained by OWNER arising out of or resulting from completing the Wok such excess will be Paid to CONTRACTOR If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this pamgmph OWNER shall not he required to obtain the lowest price for the Work performed 153. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days written notice; to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or 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 Contract Doctrmc nts prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums 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 term oration. 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 hlav Mop Work or Terminate: 15.5. 1[ throughno act or fault of CONTRACTOR the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any • • 9 sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15A In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has faded for thirty days to pay CONTRACTOR any sum finally determined to be due. CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until Payment of all such amounts due CONTRACTOR, including interest thereon The provisions of this pamgmph 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 CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, of any, shall be ns set forth in ExhibitGC-A,Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11 and 9.12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE17—NUSCELLANEOUS Giving Nance: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is intended or if delivered at or sent by registered or certified mail, postage prepaid to the last business address known to the giver of the notice. 17.2. Computation of Time. 17.2.1. When any period of time is referred to in the Contract Documents by days. it will be computed to exclude the first and include the last day of such period If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. EXI)CCo-NERALCONDlnorts 191" (1"0 Edltian) w/ CITY OF FORT COLUM MODIFICATIONS (REV 411000) 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. NodeeofMini: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitaliws or repose.Cuinulative Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, ar4 in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 630, 6.31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, arc in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Court Cosa Included, 17.5. Whenever reference is made to "claims, costs, losses and damages", it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. 116. of Col do a y m cement Reference to two pertinent Colorado statutes are as follows 17.6.2. If a claim is filed OWNER law (CRS 35-26-107) to withhold from all payments to CONTRACTOR sufficient funds to insure the payment of all claims for labor, materials, team hire. sustenance- Provisions. Provender, or other suoolies used or consumed by CONTRACTOR or his 33 EJCOCOE4EcAL COMnOM 191" (I"OE&kn) 34 w/ qTy OF FORT COLUM MODIFICATIONS WV 1l2000) (Thispagc Icft blank- intcnbonally ) E1CDC OENERAL COM MOM 19104 (1990 Ed5m) w/ MY OF FORT COLLINS MODIFICATIONS (REIN 42000) 0 35 EJCDC GENERAL CONDITIONS 1910-9 (1990 Editim) 36 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) • • EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLT-TION AGREEI1fEN-f OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the 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 fmal payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to 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 thity-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days period will result in ENGINEER's decision being final and binding upon OWNED and CONTRACTOR If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties cortcemed. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of indention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association and a copy will be sent to ENGINEER for information The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other mnuer in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceeding based on such claim, dispute or other matte in question would be barred by the applicable statute of limitations. FJCDC GENERAL CONDITIONS 19145 (1990 Editieal w/ CITY OF FORT COLONS MODIFICATIONS (REV 9/99) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER. ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is suhstancially involved in a question of law or facf which is common to those who are already parties to the arbitration and which wil I 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 shell constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any patty not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OIANER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract cementing to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or EN1G11vTEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be enteral upon it in any court having jurisdiction thereot and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall fast submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6. unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise weed GC -Al FJCDCOENTY-kL CONDI"11ONS 1910-J 11990 edition) OC-Al w/ CITY OF FORT COLLINS MODIFICATIONS IREV 9194) • • • SECTION 00800 SUPPLEMENTARY CONDITIONS • 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 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: N/A 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: N/A SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). • SC-11.6.2.7. Cost of the Work A. Add the following new paragraph to paragraph 11.6.2.7 Allowances for profit, overhead and mark-up shall be 5% in lieu of any CONTRACTOR'S fee, overhead, profit or mark-up allowances as prescribed in paragraphs 11.6.2.1, 11.6.2.2, and 11.6.2.3. SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule zero 0 days lost due to abnormal weather conditions. • SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment 0 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Arthur Ditch Bridge Replacement - Olive & Loomis Intersection CONTRACTOR: Connell Resources Inc. PROJECT NUMBER: 8202 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 is 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: DATE: Contractor's Representative ACCEPTED BY: DATE: Project Manager REVIEWED BY: DATE: Title: APPROVED BY: DATE: Title: APPROVED BY: DATE: Purchasing Agent over $30,000 • cc: City Clerk Contractor Engineer Project File Architect Purchasing NUMBER 1 2 3 5ectlon uuvbu APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract DATE Net Change by Change Order AMOUNT $0.00 The present status of the account for this Contract is as follows: Original Contract Amount: Net Change by Change Order: Current contract Amount: Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: Less Retainage: AMOUNT DUE THIS APPLICATION: CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. $0.00 $0.00 $0.00 • • • APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $o.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 No Text CITY OF FORT COLLINS ENGINEERING DEPARTMENT SPECIAL PROVISIONS Arthur Ditch RBC Replacements The 2011 Colorado Department of Transportation (CDOT) Standard Specifications for Road and Bridge Construction controls construction of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. PROJECT SPECIAL PROVISIONS Page Index Pages (11/11/2015) 1-2 Notice to Bidders (11/11/2015) 3 Commencement and Completion of Work (11/11/2015) 4 Revision of Section 101 —Definition of Terms (11/11/2015) 5 Revision of Section 102 — Project Plans and Other Data (11/11/2015) 6 Revision of Section 105— Dispute Resolution (11/11/2015) 7 Revision of Section 107 —Performance of Safety Critical Work (11/11/2015) 8-10 Revision of Section 107 — Interruption of Irrigation Water Flow (11/11/2015) 11 Revision of Section 108 — Prosecution and Progress (11/11/2015) 12-17 Revision of Section 201 — Clearing and Grubbing (11/11/2015) 18 Revision of Section 202 — Removal of Asphalt Mat (11/11/2015) 19 Revision of Section 202 — Removal of Structures and Obstructions (11/11/2015) 20 Revision of Section 202 — Removal Portions of Structure (11/11/2015) 21 Revision of Section 203 — Excavation and Embankment (11/11/2015) 22 Revision of Section 206 — Excavation and Backfill for Structures, Culverts, and Pipes (11/11/2015) 23 Revision of Section 207 — Topsoil Special (11/11/2015) 24-25 Revision of Section 208 — Erosion Control (11/11/2015) 26 Revision of Section 209— Watering and Dust Palliatives (11/11/2015) 27 Revision of Section 212 — Seeding, Fertilizer, Soil Condition and Sodding (11/11/2015) 28-29 Revision of Section 213 — Mulching (12/01/2014) 30-32 Revision of Section 214— Planting (11/11/2015) 33-35 Revision of Section 518 — Water Stops and Expansion Joints (11/11/2015) 36 Revision of Section 603 — Culverts and Sewers (11/11/2015) 37 Revision of Section 607 — Fences (11/11/2015) 38 Revision of Section 608 — Sidewalks and Bikeways (11/11/2015) 39 Revision of Section 619 — Water Lines (11/11/2015) 40-53 Revision of Section 623 — Irrigation System (11/11/2015) 54-56 Revision of Section 630 — Construction Zone Traffic Control (11/11/2015) 57 CITY OF FORT COLLINS ENGINEERING DEPARTMENT SPECIAL PROVISIONS Arthur Ditch CBC Replacements STANDARD SPECIAL PROVISIONS Date No. of Pages Revision of Section 103 - Colorado Resident Bid Preference (February3, 2011) Revision of Section 105 -Construction Surveying (July 31, 2014) Revision of Sections 105 and 106 - Conformity to the Contract of Hot Mix Asphalt (Less than 5000 Tons) (February 3, 2011) Revision of Section 106 - Certificates of Compliance & Certified Test Reports (February 3, 2011) Revision of Section 106 - Material Sources (October 31, 2013) Revision of Section 106 - Supplier List (January 30, 2014 Revision of Section 107 - Responsibility for Damage Claims, Insurance Types (February 3, 2011) and Coverage Limits Revision of Section 107 - Warning Lights for Work Vehicles and Equipment (January 30, 2014) 1 Revision of Section 108 - Liquidated Damages (May 2, 2013) 1 Revision of Section 108 -Notice to Proceed (July 31, 2014) 1 Revision of Section 108 - Project Schedule (July 31, 2014) 6 Revision of Section 108 - Subletting of Contract (January 31, 2013) 1 Revision of Section 108 - Payment Schedule (Single Construction Year) (October 31, 2013) 1 Revision of Section 109 - Compensation for Compensable Delays (May 5, 2011) 1 Revision of Section 109 - Fuel Cost Adjustment (February 3, 2011) 2 Revision of Section 109 - Measurement of Quantities (February 3, 2011) 1 Revision of Section 109 - Prompt Payment (January 31, 2013) 1 Revision of Sections 203, 206, 304, and 613 - Compaction (July 19, 2012) 2 Revision of Sections 206 and 601 - Backfilling Structures that Support Lateral (July 29, 2011) 1 Earth Pressures Revision of Section 208 - Aggregate Bag (January 31, 2013) 1 Revision of Section 208 - Erosion Log (January 31, 2013) 1 Revision of Section 250 - Environmental, Health, and Safety Management (July 19, 2012) 1 Revision of Section 401 - Compaction of Hot Mix Asphalt (April 26, 2012) 1 Revision of Section 401 - Compaction Pavement Test Section (CTS) (July 19, 2012) 1 Revision of Section 401 - Temperature Segregation (February 3, 2011) 1 Revision of Sections 401 and 412 - Safety Edge (May 2, 2013) 2 Revision of Sections 412, 601, and 711 - Liquid Membrane -Forming (May 5, 2011) 1 Compounds for Curing Concrete Revision of Section 601 - Concrete Batching (February 3, 2011) 1 Revision of Section 601 - Concrete Finishing (February 3, 2011) 1 Revision of Section 601 - Concrete Form and Falsework Removal (July 28, 2011) 3 Revision of Section 601 - Concrete Slump Acceptance (July 29, 2011) 1 Revision of Section 630 - Retroreflective Sign Sheeting (May 8, 2014) 1 Revision of Section 630 - Signs and Barricades (January 31, 2013) 1 Revision of Section 703 - Aggregate for Bases (without Rap) (October 31, 2013) 1 Revision of Section 703 - Aggregate for Hot Mix Asphalt (November 1, 2012) 2 Revision of Section 703 - Concrete Aggregate (July 28, 2011) 1 Revision of Section 712 - Water for Mixing or Curing Concrete (February 3, 2011) 1 • Affirmative Action Requirements - Equal Employment Opportunity (February 3, 2011) 11 Partnering Program 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. 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. Prospective bidders shall contact one of the following listed authorized City Representatives at least 12 hours in advance of the time they wish to review the project. Project Manager: Tracy Dyer Engineering Department City of Fort Collins 281 North College Avenue Fort Collins, CO 80522-0580 Office Phone: (970) 416-2011 Fax:970-221-6378 tdyer@fcgov.com Buyer: Elliot Dale Purchasing Department City of Fort Collins Fort Collins, CO 80522 Office Phone: 970-221-6777 Fax: 970-221-6707 edale@fcgov.com The above referenced individual are the only representative of the City with authority to provide any information, clarification, or interpretation regarding the plans, specifications, and any other contract documents or requirements. Question received from bidders along with City responses will be posted as an addendum on line at the City of Fort Collins Buy Speed Webpage, www.fcgov.com/el2rocurement as they become available. All questions shall be directed to the City contacts listed above no later than 7:00 am one week prior to the bid opening. Questions and answers shall be used for reference only and shall not be considered part of the Contract. Where references 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. • 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 within 130 calendar days in accordance with the "Notice to Proceed". Estimated Substantial Completion is April 15th, 2016. The Contractor will be allowed a 90 day closure of S. Loomis Avenue to perform installation of Concrete Box Culvert and all other work that requires a road closure. At the end of this time frame, S. Loomis Avenue must be reopened. To provide the most flexibility to construct the project, the Contractor is responsible to determine construction phasing and when to request the street closure. The City requests a minimum of two weeks' notice prior to the requested closure date. Salient features to be shown on the Contractor's Progress Schedule are: Substantial Completion Items (1-7) -- April 15°i, 2016 1) Erosion Control 2) Construction Traffic Control 3) Removals 4) Structure Excavation and Backfill 5) Storm Drain 6) Waterline 7) Box Culvert • Final Completion Items (8-11) -- May 15'', 2016 8) Curb & Gutter / Sidewalk / Access Ramps 9) Landscape and Imgation 10) Asphalt Paving 11) Clean Up and Punch List Section 108 of the supplemental specifications is hereby revised for this project as follows: Section 108.03 shall include the following: The Contractor's Progress Schedule shall be a CPM Schedule. Full street closure must be shown on the schedule. All work which affects ditch must be completed by April 15, 2016. 0 REVISION OF SECTION 101 DEFINITION OF TERMS Technical Specifications related to construction materials and methods for the Work embraced under this Contract shall consist of the "Colorado Department of Transportation, Standard Specifications for Road and Bridge Construction" dated 2011, along with the Larimer County Urban Area Street Standards and the City of Fort Collins Utility Standards. If there is a conflict apparent between the two, the more stringent specification shall be used. Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have different meanings within the scope of the Contract. A summary of redefinitions follows: a. 101.28 Department. City of Fort Collins Engineering Department, Colorado b. 101.29 Engineer. The Construction Engineer for the City of Fort Collins, Colorado, or designated representative. C. 101.39 Laboratory. City of Fort Collins, Colorado, or their designated representative. d. 101.51 Project Engineer. The Project Manager, City of Fort Collins, Colorado or designated representative. e. 101.76 State. City of Fort Collins, Colorado (where applicable) REVISION OF SECTION 102 PROJECT PLANS AND OTHER DATA Section 102 of the Standard Specifications is hereby revised for this project as follows: Subsection 102.05 shall include the following: Contract documents and supporting information will be available for review until the date set for opening of bids at the following locations: 1. Online at the City of Fort Collins Buy Speed Webpage, www.fclzov.com/eprocurement 2. City of Fort Collins Purchasing Department, 215 N Mason Street, 2"d Floor, Fort Collins, Colorado, 80524 The following information is available: • Geotechnical Report • City's Survey • Electronic copy of the Bid Tab After the proposal have been opened, the low responsible bidder may obtain from the City, at no cost: 2 sets of 11 x 17 plans and special provisions; and if available for the project, one set of full-size cross sections, one set of full-size major structure plan sheets, and one set of compute output data. If the low bidder has not picked up the • plans and other available data by 4:30 pm on the second Friday after bid opening, they will be sent to the Project Engineer in charge of the project. Additional sets of plans and other available data may be purchased on a cash sale basis from the City at current reproduction prices. Subcontractors and suppliers may obtain plans and other data from the successful bidder or they may purchase copies on cash sale basis from the City at current reproduction prices. E REVISION OF SECTION 105 DISPUTE RESOLUTION Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.22 shall be revised as follows: The Colorado Department of Transportation will not participate in the resolution process for any claims filed by the Contractor. • 9 REVISION OF SECTION 107 PERFORMANCE OF SAFETY CRITICAL WORK Section 107 of the Standard Specifications is hereby revised as follows: Add subsection 107.06.1 immediately following subsection 107.06 as follows: 107.06.1 Performance of Safety Critical Work. The following work elements are considered safety critical work for this project: (1) Removal of the Arthur Ditch concrete box culverts. (2) Temporary works: falsework, shoring that exceeds 5 feet in height, cofferdams, and temporary bridges (3) Work requiring the use of cranes or other heavy lifting equipment to set structures. Also when construction materials are being lifted that may fall onto active traffic lanes. (4) Excavation and embankment adjacent to the roadway, especially if it requires shoring (5) Work operations such as jack hammering which may create vibration. The Contractor shall submit, for record purposes only, an initial detailed construction plan that addresses safe construction of each of the safety critical elements. When the specifications already require an erection plan, or a removal of portion of bridge plan, it shall be included as a part of this plan. The detailed construction plan shall be submitted two weeks prior to the safety critical element conference described below. The construction plan shall be stamped "Approved for Construction" and signed by the Contractor. The construction plan will not be approved by the Engineer. The Construction Plan shall include the following: (1) Safety Critical Element for which the plan is being prepared and submitted. (2) Contractor or subcontractor responsible for the plan preparation and the work. (3) Schedule, procedures, equipment, and sequence of operations, that comply with the working hour limitations (4) Temporary works required: falsework, bracing, shoring, etc. (5) Additional actions that will be taken to ensure that the work will be performed safely. (6) Names and qualifications of workers who will be in responsible charge of the work: A. Years of experience performing similar work B. Training taken in performing similar work C. Certifications earned in performing similar work (7) Names and qualifications of workers operating cranes or other lifting equipment A. Years of experience performing similar work B. Training taken in performing similar work C. Certifications earned in performing similar work REVISION OF SECTION 107 PERFORMANCE OF SAFETY CRITICAL WORK (8) The construction plan shall address how the Contractor will handle contingencies such as: A. Unplanned events (storms, traffic accidents, etc.) B. Structural elements that don't fit or line up C. Work that cannot be completed in time for the roadway to be reopened to traffic D. Replacement of workers who don't perform the work safely E. Equipment failure F. Other potential difficulties inherent in the type of work being performed (9) Name and qualifications of Contractor's person designated to determine and notify the Engineer in writing when it is safe to open a route to traffic after it has been closed for safety critical work. (10) Erection plan or bridge removal plan when submitted as required elsewhere by the specifications. Plan requirements that overlap with above requirements may be submitted only once. A safety critical element conference shall be held two weeks prior to beginning construction on each safety critical element. The Engineer, the Contractor, the safety critical element subcontractors, and the Contractor's Engineer shall attend the conference. Required pre -erection conferences or bridge removal conferences may be included as a part of this conference. After the safety critical element conference, and prior to beginning work on the safety critical element, the Contractor shall submit a final construction plan to the Engineer for record purposes only. The Contractor's Engineer shall sign and seal temporary works, such as falsework, shoring etc., related to construction plans for the safety critical elements, (1) Removal of Structure, and (2) Temporary Works. The final construction plan shall be stamped "Approved for Construction" and signed by the Contractor. The Contractor shall perform safety critical work only when the Engineer is on the project site. The Contractor's Engineer shall be on site to inspect and provide written approval of safety critical work for which he provided signed and sealed construction details. Unless otherwise directed or approved, the Contractor's Engineer need not be on site during the actual performance of safety critical work, but shall be present to conduct inspection for written approval of the safety critical work. When ordered by the Engineer, the Contractor shall immediately stop safety critical work that is being performed in an unsafe manner or will result in an unsafe situation for the traveling public. Prior to stopping work, the Contractor shall make the situation safe for work stoppage. The Contractor shall submit an acceptable plan to correct the unsafe process before the Engineer will authorize resumption of the work. When ordered by the Engineer, the Contractor shall remove workers from the project that are performing the safety critical work in a manner that creates an unsafe situation for the public in accordance with subsection 108.05. Should an unplanned event occur or the safety critical operation deviate from the submitted plan, the Contractor shall immediately cease operations on the safety critical element, except for performing any work necessary to ensure worksite safety, and provide proper protection of the work and the traveling public. If the Contractor intends to modify the submitted plan, he shall submit a revised plan to the Engineer prior to resuming operations. All costs associated with the preparation and implementation of each safety critical element construction plan will not be measured and paid for separately, but shall be included in the work. REVISION OF SECTION 107 PERFORMANCE OF SAFETY CRITICAL WORK Nothing in the section shall be construed to relieve the Contractor from ultimate liability for unsafe or negligent acts or to be a waiver of the Colorado Governmental Immunity Act on behalf of the Department. i REVISION OF SECTION 107 INTERRUPTION OF IRRIGATION WATER FLOW Section 107 Standard Specifications is hereby revised for this project as follows: Subsection 107.14 shall include the following: The Contractor's attention is called to the fact that the Arthur Ditch is within the project limits on which work is required. It is the Contractor's responsibility to provide continuous flow or make arrangements for flow interruptions as necessary if construction scheduling requires work on these facilities during times of high groundwater flow or upstream stormwater discharge. Irrigation facilities adjacent to the project normally flow from April to October each year. Therefore, construction activities that affect these facilities should be coordinated accordingly. Work necessary to comply with these requirements, including temporary ditches or culverts, and/or detour culverts, if necessary, will not be paid for separately, but shall be included in the prices bid for the various bid items that occur on the project. REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised as follows: Subsection 108.03 shall include the following: Project Meetings A. Pre -Construction Conference: A Pre -Construction Conference will be held after Notice of Award and before the Notice to Proceed, the date, time and location will be determined after Notice of Award. The conference shall be attended by: 1. Contractor and Contractor's Superintendent a. Contractor shall designate/introduce Superintendent b. At this time the Superintendent will be expected to show that he has sufficient knowledge of the specifications and plans to orchestrate and coordinate the construction activities for this job. 2. Contractor's Subcontractors (including the Traffic Control Supervisor) a. Contractor shall designate/introduce major Subcontractor's supervisors assigned to the project 3. Engineer 4. Owner 5. Utility Companies a. Utilities will be asked to designate their coordination person, provide utility plans, and their anticipated schedule 6. Others as requested by the Contractor, Owner, or Engineer. Unless previously submitted to the Owner, the Contractor shall bring to the conference a tentative schedule of the construction project, include in the schedule shop drawings and other submittals. Any submittals requiring long lead times and therefore must be expedited shall be submitted at the pre -construction conference, or as soon thereafter as possible. The purpose of the conference is to designate responsible personnel and establish a working relationship. Matters requiring coordination will be discussed and procedures for handling such matters established. 9 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 2 REVISION OF SECTION 108 PROSECUTION AND PROGRESS I . Contractor's tentative Schedule a. The Contractor shall submit a detailed project schedule showing milestones and the critical path for the Arthur Ditch Replacement. This schedule shall be agreed to by both the Owner and Contractor. It shall be made in writing and signed by both parties. 2. Permit applications and submittals, including Erosion and Sediment Control Plan and Traffic Control Plan 3. Transmittal, review and distribution of Contractor's submittals 4. Processing applications for payment 5. Maintaining record documents 6. Field decision and change orders 7. Use of premises, office and storage areas, staging area, security, housekeeping, and Owner's needs 8. Proposed daily construction hours for the Engineer's approval 9. Designation of access roads and parking 10. Contractor's assignment of safety and first aid B. Construction Progress Meetings for the Arthur Ditch Replacements: Progress meetings will be conducted weekly or at some other frequency, if approved by the Engineer. These meetings shall be attended by the Owner, the Engineer, the Contractor's representative and any others invited by these people. The Engineer will conduct the meeting and the Engineer will arrange for keeping the minutes and distributing the minutes to all persons in attendance. The agenda of these project meetings will include construction progress, the status of submittal reviews, and the status of information requests, critical work sequencing, review of strategies for connections into existing facilities, status of field orders and change orders, and any general business. The Contractor will prepare a "two week look ahead" schedule to facilitate coordination of work items. The schedule shall be monitored closely during construction and may be updated by written agreement of the parties as changes occur in the project progress. If the milestones are not met, the Owner may utilize the remedies provided in the General Conditions as well as any other remedy provided by the Contract Documents or provided by law or equity. The Owner may also assess liquidated damages as outlined in Article 3, Section 3.2 of the Agreement. 3 REVISION OF SECTION 108 PROSECUTION AND PROGRESS The Engineer or Engineer's Field Representative and Contractor shall agree to weekly quantities at the progress meetings. The weekly quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall be final and shall be the basis for the monthly progress estimates. This process ensures accurate monthly project pay estimates. C. The Engineer may hold coordination conferences, to be attended by all parties involved, when the Contractor's operations affect, or are affected by, the work of others. 1. Contractor shall participate in such conferences accompanied by Subcontractors as required by the Engineer. Construction Schedules A. The Contractor shall prepare a detailed schedule of all construction operations and procurement after review of tentative schedule by parties attending the pre -construction conference. This schedule will show how the Contractor intends to meet the milestones set forth. 1. No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of delivery of equipment and materials. • 2. All work which impacts the ditch's ability to convey water must be complete by April 15, 2014. B. Format and Submissions 1. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual progress. 2. Submit two copies of each schedule to Owner for review. a) Owner will return one copy to contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others. b) The Contractor will be required to submit a weekly progress schedule showing work to be completed, labor, equipment, work hours and methods of construction for the upcoming week. This schedule will be required every Thursday in a daily calendar format. 3. The schedule must show how the street, underground utilities, box culvert, and paving work will be coordinated. 0 REVISION OF SECTION 108 PROSECUTION AND PROGRESS C. Content 1. Construction Progress Schedule a) Show the complete work sequence of construction by activity and location. b) Show changes to traffic control c) Show project milestones 2. Equipment, Materials and Submittals Schedule a) Show delivery status of critical and major items of equipment and materials b) Include a critical path schedule for Shop Drawings, tests, and other submittal requirements for equipment and materials. D. Owner's Responsibility Owner's review is only for the purpose of checking conformity with the Contract Documents and assisting the Contractor in coordinating the Work with the needs of the Project. 2. It is not to be construed as relieving contractor from any responsibility to determine the means, methods, techniques, sequences and procedures of construction. Modifications to Time of Completion in the Approved Schedule 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. n v 5 REVISION OF SECTION 108 PROSECUTION AND PROGRESS 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 accepted) 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 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, and 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. 0 6 REVISION OF SECTION 108 PROSECUTION AND PROGRESS 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. 3. To any delays of Subcontractors occasioned by any of the causes specified in paragraphs 1 and 2, above. Subsection 108.05 shall include the following: The contractor shall schedule all work between 7:00 A.M. and 6:00 P.M Monday through Friday. Night and weekend work will be allowed only with the prior written authorization of the Engineer, and after the contractor submits and receives approval for a noise variance from the City's Code Compliance Department. Written requests to be submitted a minimum of (5) working days prior to the request date. The Contractor may make emergency repairs to provide protection of the work and traveling public at any time. All on -roadway work or work that indirectly or directly interferes with the flow of traffic shall be in accordance with an approved Traffic Control Plan. Unless waived by the Engineer, failure to meet these milestones will require assessment of liquidated damages for each milestone listed above and in accordance with Subsection 108.08. Meetings will be required to review progress and to plan upcoming activities. Representatives from the Contractor and all active subcontractors shall attend the meetings. Such meetings will be required on a weekly basis at a time to be determined by the City of Fort Collins and the Contractor. Additional meetings will be held when required by the City of Fort Collins or the Contractor. The Contractor shall submit at the weekly progress meeting a written statement of planned work activities and anticipated inspection, testing, and surveying requirements of the upcoming week. A 24 hour notice shall be provided to the City of Fort Collins by the Contractor if the Contractor elects to change the planned work activities. REVISION OF SECTION 201 CLEARING AND GRUBBING Section 201 of the Standard Specifications is hereby revised for this project as follows: In Subsection 201.02 delete the second paragraph and replace with the following: Clearing and grubbing shall be within the limits of the project, as identified in the plans. All other areas of clearing and grubbing shall be as directed by the Engineer. Removal of trees less than 4" in diameter (measured 18" from the ground) will not be measured separately, but will be included in the cost of clearing and grubbing. The Contractor shall coordinate with the private property owners prior to beginning work adjacent to their property. In Subsection 201.02 delete the sixth paragraph and replace with the following: No material or debris shall be disposed of within the project limits; and, shall be legally disposed of off - site or preferably to a recycling center. The Contractor shall make all arrangements to obtain written permission from property owners for disposal locations outside the limits of the project. Copies of this written agreement shall be furnished to the Engineer before the disposal area is used. 0 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 shall be removed in a manner that minimizes contamination of the removed mat with underlying material. The removed mat shall become the property of the Contractor and be disposed of offsite. Subsection 202.12 shall include the following: Payment will be made under: Pay Item Pay Unit Removal of Asphalt Mat (6"- 9") Square Yard • REVISION OF SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.01 shall include the following: This work includes removal of waterline within the project limits as shown on the plans or at locations directed by the Engineer. Subsection 202.12 shall include the following: Payment will be made under: Pay Item Pay Unit Remove 6" waterline Linear Foot • REVISION OF SECTION 202 REMOVAL OF PORTIONS OF STRUCTURES Section 202 of the Standard Specifications is hereby revised for this project as follows: Add the following to subsection 202.08: This work consists of removal of the reinforced concrete box (RCB) as shown on the plans. RCB removal shall consist of the complete removal of all structure elements unless otherwise shown on the plans. The removal of the existing RCB shall be performed in a safe manner. Since the RCB is located in downtown Fort Collins where houses and buildings are sensitive to vibration, a hydraulic breaker (hoe ram) must be used to demo the RCB. The process of dropping portions of the RCB on existing roadway or other sections of the RCB will not be accepted as an approved method of RCB removal. The Contractor shall submit a bridge removal plan to the Engineer, for record purposes only, at least 10 working days prior to the proposed start of removal operations. This Plan shall detail procedures, sequences, and all features required to perform the removal in a safe and controlled manner. The RCB Removal Plan shall provide complete details of the removal process, including: (1) The removal sequence, including staging of removal operations. Sequence of operation shall include a detailed schedule that complies with the working hour limitations. (2) Equipment descriptions including size, number, type, capacity, and location of equipment during removal operations. (3) Detailed methods for protection of the existing roadway facilities, including measures to assure that people, property, utilities, and improvements will not be endangered. (4) Detailed methods for mitigation of fugitive dust resulting from the demolition. (5) Details for removing, loading, and hauling demolished RCB. (6) Methods of Handling Traffic, including bicycles and pedestrians, in a safe and controlled manner. (7) Method for handling storm water within the existing RCB. The Contractor shall take all steps to avoid contaminating state waters, in accordance with subsection 107.25. Subsection 202.12 shall include the following: Structural excavation shall be paid to remove earthen material outside of the existing RCB and inside the limits shown on the plans, as required for installation of the proposed RCB. The removal of the existing asphalt pavement above the existing RCB will be paid for separately; bid item Removal of Asphalt Mat (6"-9"). Subsection 202.12 shall include the following: Payment will be made under: Pay Item Unit Removal of Portions of Structure (RCB) LF • 9 0 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Section 203 of the Standard Specifications is hereby revised for this project as follows: Subsection 203.06 shall include the following: Remove the third paragraph. Broken concrete, asphalt, or other large material shall not be placed in embankment. Embankment material, used to fill the void made by the removal of the existing RCB, shall not have rocks greater than 3" in diameter. 4" of topsoil shall be placed on top of the embankment material. Subsection 203.13 (a) shall include the following: The borrow quantity is for the material that is replacing the muck excavation material. The borrow material shall consist of 3" minus crushed concrete. 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. REVISION OF SECTION 206 EXCAVATION AND BACKFILL FOR STRUCTURES, CULVERTS AND PIPES Section 206 of the Standard Specifications is hereby revised for this project as follows: Subsection 206.06 shall include the following: For Storm, Sanitary and Water Pipes: Limits and materials for Structure Excavation and Structure Backfill for all storm, sanitary and water pipes shall be in accordance with the City of Fort Collins Utility Trench and Pipe Bedding details as shown on the plans. Excavation, Backfill (Class 1), Bedding (including granular bedding material up to 12 inches above the top of the pipe) and embankment material required for all pipes will not be measured and paid for separately, but shall be included in the work. The use of flowfill will be as directed by the Engineer or as shown on the plans. Flowfill will not be measured or paid separately, but shall be included in the cost of the pipe. • REVISION OF SECTION 207 TOPSOIL (SPECIAL) Section 207 of the Standard Specifications is hereby revised for this project as follows: Subsection 207.02 shall include the following: The source of imported topsoil for this project is undesignated. Topsoil shall be fertile, friable, and of a USDA texture listed as "Suitable" below. Topsoil shall be free of any admixture of subsoil or slag and shall be free of stones, lumps, refuse, plants or their roots, sticks, noxious weeds, salts, soil sterilants or other material detrimental to plant growth. Imported topsoil shall be obtained from a well -drained site that is free of flooding. Topsoil shall not be collected at the supplier's facility, delivered or used onsite in any manner while in a frozen or muddy condition. The topsoil shall be delivered in an uncompacted state, and shall be spreadable in even unclodded layer(s)- Imported topsoil shall be approved by the Landscape Architect prior to delivery or placement in planting areas. The Contractor shall supply a sample of topsoil to the Soil Testing Laboratory for analysis a minimum of thirty (30) days prior to delivery of topsoil to the project site. The Contractor shall submit to the Landscape Architect a Certificate of Compliance from the CSU Soil, Water, and Plant Testing Laboratory verifying organic matter content, pH, sodium absorption ratio, electrical conductivity and nutrient levels. Topsoil shall meet the mechanical analysis outlined in the following table: (a) Topsoil Mechanical Analysis • Screen Passinepercent Retained percent 1 inch screen 100% 0-0% %z inch screen 97-100% 0-3% Contractor supplied topsoil shall meet the following criteria: Property Minimum Value Maximum Value pH 6.0 7.2 Sodium Absorption Ratio none 13.0 Salts (electrical conductivity) none 4.0 mmhos/cm Organic Matter 2% 10% *Exchangeable Sodium % none 15% Calcium carbonate % none 10% *Exchangeable Sodium % = CEC / Exch. Na Suitable USDA Texture- sandy loam, sandy clay loam, loam, clay loam, silt loam. Unsuitable USDA Texture- sand, loamy sand, silt, silty clay loam, silty clay, sandy clay, clay. *Texture as determined by hydrometer analysis and classified using U.S. Dept of Agriculture (USDA) texture class names. The topsoil may be amended to bring it into conformance with these specifications. This amended topsoil is subject to approval before use. Topsoil shall contain the following minimum ammonium DTPA (chelate) extractable nutrients (this is the is extractable solution used by CSU Soil, Water and Plant Testing Laboratory). 2 REVISION OF SECTION 207 TOPSOIL (SPECIAL) Nitrogen 3 ppm (Air Dried Basis) Phosphorus 3 ppm Potassium 30 ppm Iron (Fe) 5 ppm Topsoil shall not include minerals or elements in abundances detrimental to plant growth. rocks and debris larger than 1 '/2 inches in diameter that are visible after the topsoil is spread shall be removed and disposed of in an appropriate manner offsite or in a location pre -approved by the Engineer. Subsection 207.03 shall include the following: Import Topsoil meeting project specifications shall be placed by the Contractor in areas specified on plans to a finished depth of 12 inches to be measured from 4 inches below proposed finish grades in order to accommodate the specified depth of wood mulch for planter beds. The Contractor is responsible for the following activities: i) Protecting finish grade areas and regrading to correct irregularities caused by hauling materials or other construction activity over finish grade areas. The Contractor shall replenish planting areas found deficient of topsoil. ii) Repairing erosion or other damage resulting from weathering action before final acceptance. Planting areas receiving topsoil placement shall be finished smoothly, properly compacted and free from irregular surface changes. The Contractor shall finish planting areas by hand methods if a satisfactory finish cannot be completed with power equipment. Finish grading shall conform to the grade elevations as shown on the approved engineered grading plans and shall be free of debris and other materials that would be detrimental to the plantings. Settling of finish grade shall not be more than 0.10 feet; if settling is greater, the Contractor shall bring the grade to specified elevations by addition of topsoil. Delete Subsection 207.04 and replace with the following: Topsoil will not be measured on this project. Refer to section 214 Planting. Delete Subsection 207.05 Refer to Section 214 Planting. The addition of manure or soil amendments needed to bring the topsoil into conformance with the specifications, importing topsoil from other sources and testing cost associated with this topsoil will not be measured and paid for separately, but shall be included in the work. Stockpile Topsoil and spreading of topsoil will not be paid for separately, but shall be included in the work. • REVISION OF SECTION 208 EROSION CONTROL Section 208 of the Standard Specifications is hereby revised for this project as follows: Subsection 208.03 is hereby revised to include the following: The Contractor shall provide an Erosion Control Plan that conforms to the City of Fort Collins' MS4 requirements. The sixth paragraph of Subsection 208.11 (beginning "Erosion Control Supervisor...") is hereby replaced with the following: Erosion Control Supervisor work will be measured and paid for in accordance with subsection 208.12. The Contractor shall record the tasks that were assigned to the Erosion Control Supervisor. The records shall be submitted to the Engineer, weekly, after completion of the work for approval and acceptance. Subsection 208.12 is hereby revised to include the following: Removal and disposal of sediment will not be measured and paid for separately, but shall be included in the work. Payment for work under this section will be as identified in 208.12, as amended above and by other contract special provisions. Erosion control items for this project are tabulated in the plans on drawing EC-603. • Other pay items (not originally anticipated or tabulated in the project) will be paid for in accordance with 208.12, at a negotiated unit cost. Payment for installed items shall include maintenance of the device for the entire time it is in place during construction at a given location. No separate measurement or payment will be made for replacement of the device as required to maintain its function. • REVISION OF SECTION 209 WATERING AND DUST PALLIATIVES Section 209 of the Standard Specifications is hereby revised for this project as follows: Subsection 209.08 is hereby revised as follows: Water required for all items of work including dust palliatives and for moisture and density control will not be measured and paid for separately, but shall be included in the work. �J REVISION OF SECTION 212 SEEDING, FERTILIZING, SOIL CONDITIONER AND SODDING Section 212 of the Standard Specifications is hereby revised for this project as follows: MATERIALS Subsection 212.02 Seed, Soil Conditioners, Fertilizers and Sod. Replace "Species shall be as shown on the plans" (c) — Sod, with the following: Turfgrass Sod: Certified Approved Number 1 Quality/Premium, including limitations on thatch, weeds, diseases, nematodes, and insects, complying with TPl's "Specifications for Turfgrass Sod Materials" in its "Guideline Specifications to Turfgrass Sodding." Fumish viable sod of uniform density, color, and texture, strongly rooted, and capable of vigorous growth and development when planted. Turfgrass Species: Sod of grass species as follows, with not less than 85 percent germination, not less than 95 percent pure seed, and not more than 0.5 percent weed seed: Type: Proportioned by weight as follows: • 100 percent Kentucky bluegrass (Poa pratensis), a minimum of three improved varieties. Add the following seed type (a) Seed as follows: "Native Seed" 20% Bouteloua curtipendula — Sideoats grama 20% Bouteloua dactyloides - Buffalograss 20% Bouteloua gracilis — Blue grama 20% Sporobolus cryptandrus — Sand Dropseed 20% Koeleria macrantha - Prairie Junegrass Seed at the rate of 5 lbs. / 1,000 sq.ft. CONSTRUCTION REQUIREMENTS Subsection 212.04 Lawn Grass Seeding. Bluegrass seeding is not a part of the project. Delete this section from the specifications. Subsection 212.05 Sodding, (c) Fertilizing and Soil Conditioning. Soil Conditioning - Soil conditioners (compost) was added to the pre -amended topsoil as described is Section 207. Additional / supplemental compost is not required as part of this Section. REVISION OF SECTION 212 SEEDING, FERTILIZING, SOIL CONDITIONER AND SODDING Fertilizing - Contractor to use the following placeholder types and quantities for the establishment of bid pricing only. Nitrogen (N) 35 lbs. / acre Phosphorous (P) 40 lbs. / acre Potassium (K) 300 lbs. / acre Calcium (Ca) 2,000 lbs. / acre Magnesium (Mg) 6001bs. / acre Examination. Verify rough grading is within one -tenth of a foot. Verify site is free from obstructions, objects, or structures that are not a part of the final site construction. Verify major drainages are completed and in place. Do not start work until the site is acceptable. Once landscape grading has commenced, the Landscape Contractor shall be responsible for bringing all grading to final line and grade and creating positive drainage. Clearing. Prior to soil preparation, existing vegetation not to remain and which might interfere with the specified soil preparation shall be cleared, grubbed, raked, and the debris removed from the site. Prior to or during grading or tillage operations the ground surface shall be cleared of materials which might hinder final operations. Soil Preparation and Finish Grading. Protection - Field locate all buried cables, wires, electrical service, irrigation lines and any other subsurface element that may be damaged during ripping operations. Stake and/or paint locations with an easily visible system that will enable equipment operators to avoid damaging buried utilities. Roundup (glyphosate) Application. Apply to areas to be seeded a minimum of two (2) weeks after topsoil has been distributed and prior to seeding. Apply Roundup only when weeds are growing vigorously. Apply at manufacturers maximum recommended rate. Subsection 212.06 Native Seeding. Delete (b) Fertilizing and Soil Conditioning from the specification. Fertilizer and composting of native seed areas is not required. Hydromulching will be required. See Section 213. METHOD OF MEASUREMENT Delete Subsection 212.07 Work shall not be measure under this section 212 Seeding, Fertilizing, Soil Conditioner and Sodding. Refer to section 214 Planting. Soil conditioning is not required here, as it has been included in Section 207 — Topsoil, and pre -blended as part of the imported topsoil work. BASIS OF PAYMENT Delete Subsection 212.08 Work shall not be paid under this section 212 Seeding, Fertilizing, Soil Conditioner and Sodding. Refer to section 214 Planting. Herbicide (Round Up application) will not be measured and paid for separately but shall be included in the work. REVISION OF SECTION 213 MULCHING Section 213 of the Standard Specifications is hereby revised for this project as follows: DESCRIPTION Subsection 213.01 Add to the description as follows: "...work also consists of furnishing and placing aggregate inorganic mulch to include — 1.5" dia. Tan River Rock; and Landscape Boulders, and landscape weed barrier fabric. MATERIALS Subsection 213.02 Wood (Organic) Mulch. Delete the "wood chip mulch" specified and replace with the following: Wood (Organic) Mulch: Ground or shredded, 4" depth (minimum) — no weed barrier required. Organic Mulch will be supplied by the City of Fort Collins Forestry Division, located at Parks • Maintenance Shop, 413 S. Bryan Avenue (near the City Park Golf Course), Fort Collins, 80521. Contact the City Forester (Tim Buchanan) at 970.221.6361, to schedule material pickup. City will load the material into the Contractors vehicle (free of charge) for transport to the site. Contractor's pricing to include Contractor pickup at the above address, hauling material to the site and installation. Steel Landscape Edging. Delete the "Steel Edging" specified and replace with the following: Steel Landscape Edging. Contractor to provide commercial -steel header, rounded top edge, fabricated in sections of standard lengths, with loops stamped from or welded to face of sections to receive stakes as follows: Manufacturers: COL -MET Commercial Grade Steel Edging (1101) or approved substitute. Edger Size: 1/8" thick by 4 inches Stakes: Tapered steel, a minimum of twelve inches (12"). Accessories: Standard tapered ends, comers, and splicers. Finish: Standard paint — Green. Add to this sub -section as follows: Landscape Weed Barrier Fabric. Materials for weed barrier shall be a non -woven geotextile material suitable for this purpose such as Mirafi 140, Typar 3341, or Polyspun 300 or approved equivalent. Submit brand name and model number/name of proposed weed barrier to be used. In -organic Mulch —1.5 " dia. Tan River Rock. 3" deep, hard, durable stone, washed free of loam, sand, • clay, and other foreign substances. REVISION OF SECTION 213 MULCHING Landscape Boulders. Stone Type: Moss Rock Approved Suppliers: A. Trinity Stone (Fort Collins), 970.222.2141 B. Tribble Stone (Boulder), 303.444.1840 C. Colorado Materials (Longmont), 303.682.2314 D. Or approved equivalent. Boulder sizes shall be as indicated on the plans. Quantities and locations as identified on the plans. CONSTRUCTION REQUIREMENTS Subsection 213.03 Revise (e) Steel Landscape Edging to read as follows Install by laying out beds scaled from the plans. Stake, flag, or paint proposed beds prior to installation of edging and obtain review of Owner's Representative of layout prior to installation. Install header plumb with grade and stake at minimum ten (10) foot intervals. Establish top of header one inch (1 ") above finish grade in turf areas. Install using straight lines or long smooth curves. Provide v-shaped drainage openings two inches (2") wide and one inch (1 ") depth at low points in the bed, at outlet point for drainage appurtenances such as downspouts including overflow drains and at ten (10) foot intervals maximum. Do not install steel landscape edger around mulch rings in lawn areas. Add (g) Landscape Weed Barrier Fabric as follows: Prior to placing mulch and planting in mulch beds, apply Roundup herbicide to weeds and allow beds to sit for seven (7) days. Place wood mulch in shrub beds and tree planting rings in turf areas. Place mulch in four -inch (4") depth layer. Gently brush mulch off of plants once installed. Take care in placement not to damage planted materials. Prior to placing in -organic mulch, install landscape weed barrier fabric according to manufacturer's written instructions. Completely cover area to be rock mulched (or as described on the Drawings) overlapping edges a minimum of six -inches (6"). Seams and edges shall be pinned at 12" min intervals. Add (i) In -organic Mulch —1.5" dia. Tan River Rock as follows: Apply 3-inch average thickness of rock mulch, and finish level with adjacent finish grades. Landscape fabric is required in river rock mulch areas. Add (m) Landscape Boulders as follows: A. Placement of Landscape Boulders: Prior to installation of boulder, install and compact structural fill material beneath boulders, as indicated in the drawings. E REVISION OF SECTION 213 MULCHING I . Place boulders with most attractive face oriented towards sidewalk, unless otherwise noted or directed by the Owner's Representative. 2. Bury approximately 1/3 the height of the boulder, unless otherwise noted. 3. Locations and quantity shall be as indicated in the Drawings. Final placement of boulders shall be reviewed and approved on site by the Owner's Representative prior to placing paving, surfacing and landscaping in abutting areas as required. 4. Use protection (rubber pads or carpet) on equipment to reduce scaring. METHOD OF MEASUREMENT Delete Subsection 213.04 Work shall not be measure under this section 213 Mulching. Refer to section 214 Planting. BASIS OF PAYMENT Delete Subsection 213.05 Work shall not be paid under this section 213 Mulching. Refer to section 214 Planting. 0 0 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 REVISION OF SECTION 214 PLANTING Section 214 of the Standard Specifications is hereby revised for this project as follows: DESCRIPTION Subsection 214.01 shall include the following: This work also consists of a Landscape Maintenance period. See Section 207 for Topsoil. See Section 213 for wood mulch, inorganic mulch, edging and weed barrier fabric. MATERIALS Subsection 214.02 shall include the following: Plant List. A plant list is provided on the plans. Quantities shown on the list are for information only. Contractor shall be responsible for verifying quantity takeoffs as shown on the drawings. In the event of a discrepancy between quantities shown on the plant list and quantities depicted on the plans, the quantities depicted on the plans shall govern. Guying and Staking. Material includes 14 AWG wire with 1/2" x 12" PVC sleeves and stake protection cap per each stake. CONSTRUCTION REQUIRMENTS Subsection 214.04 Landscape Establishment. The duration of the Landscape Establishment period shall be from initial installation thru final acceptance. Subsequent maintenance and warranty replacements shall be the adjacent property owner's responsibility following final acceptance for the entire/completed project. The contractor shall NOT be responsible for warranty requirements on the irrigation or landscaping following final acceptance. After planting on the project is complete, a plant inspection shall be held including the Contractor, Owner's Representative and the Landscape Architect to determine acceptability of plant material. During inspection, an inventory of rejected, dead or dying material will be made, and corrective and necessary cleanup / replacement measures will be determined. From the time of installation, during construction, and throughout the Landscape Establishment Period, the Contractor shall maintain plant material, sodded and seeded areas in a healthy and vigorous growing condition, and ensure the successful establishment of vegetation. During the Landscape Establishment Period, the Contractor shall water, cultivate, and prune the plants, and inspect, repair, replace or re -adjust guy material, stakes and posts. The Homeowners will be responsible for mowing. The Contractor shall also remove weeds from planting beds, tree area saucers, and native seed areas on a monthly basis during the growing season(Establishment Period to October 2016), maintain specified depths of mulching material. 2 REVISION OF SECTION 214 PLANTING Dead, dying or rejected material shall be removed each month during the Landscape Establishment Period as directed by the City's Project Manager or City Forester. Plant replacement shall be performed during the spring planting season or at the beginning and end of the Landscape Establishment Period. Plant replacement stock shall be planted in accordance with the original contract specifications and is subject to all requirements specified for the original material. Plant replacement shall be at the Contractor's expense. Subsection 214.04 Delete paragraphs 5. and 6. and replace with the following: The trees planted by the Contractor shall be watered minimally twice per month at the rate of twenty (20) gallons per tree per watering for the months May through October during the Landscape Establishment Period, or as needed, and the trees shall also be watered once per month at the rate of twenty (20) gallons per tree for the months November through April during the Landscape Establishment Period, or as needed. The shrubs, grasses and perennials planted by the Contractor shall be watered minimally twice per month at the rate of two (2) gallons per shrub per watering event for the months May through October during the Landscape Establishment Period, or as needed, and the shrubs, grasses and perennials shall also be watered once per month at the rate of two (2) gallons per plant for the months November through April during the Landscape Establishment Period, or as needed. • METHOD OF MEASUREMENT Subsection 214.05 shall include the following: All labor, equipment, and material required to perform topsoil, soil conditioning, mulching, landscaping, and irrigation tasks shown on the plans shall be included in this item. Measurement will be per corner of the Loomis/Olive Intersection. Soil material for tree, shrub, ornamental grass and perennial backfill mix, guy, webbing, tree stakes, protective caps and PVC pipe sleeve and wrap for trees, will not be measured and paid for separately but shall be included in the work. BASIS OF PAYMENT Subsection 214.06 Delete the fifth paragraph and replace with the following: The initial watering during the planting of trees and shrubs will not be paid for separately, but shall be included in the price of the work. Watering of trees and shrubs after receipt of the Notice of Substantial Landscape Completion will not be measured and paid for separately but shall be included in the work. • Water used for the Landscape Establishment Period will not be measured and paid or separately but shall be included in the work. Subsection 214.06 Delete the seventh paragraph including item (1) and (2), and the last paragraph of the subsection. Payment will be made under: REVISION OF SECTION 214 PLANTING Pay Item Pay Unit Landscaping and Irrigation (NW corner) Lump Sum Landscaping and Irrigation (NE corner) Lump Sum Landscaping and Irrigation (SW comer) Lump Sum Landscaping and Irrigation (SE comer) Lump Sum Landscape Establishment / Maintenance (1 year) Lump Sum Sensation Maple Tree, 3" Caliper Each REVISION OF SECTION 518 WATER STOPS AND EXPANSION JOINTS Section 518 of the Standard Specifications is hereby revised for this project as follows: Subsection 518.12, replace this subsection with the following: Waterstop and expansion joints shall be incidental to construction and not measured or paid for separately. Waterstop shall not interfere with rebar placement. Subsection 518.13, replace this subsection with the following: Waterstop and expansion joints shall be incidental to construction and not measured or paid for separately. • REVISION OF SECTION 603 CULVERTS AND SEWERS Section 603 of the Standard Specifications is hereby revised for this project as follows: In Subsection 603.12, delete the third paragraph and replace with the following: Inlet connections to storm sewer mains shall include all excavation, backfill, labor, equipment, fittings, collars, pipe, grout and incidentals required to make the connection complete in place and per the plans. Inlet connections will not be measured and paid for separately but shall be included in the work. • U REVISION OF SECTION 607 FENCES Section 607 of the Standard Specifications is hereby revised for this project as follows: Subsection 607.03, add the following: Temporary chain link fence or other approved fence material shall be used around the perimeter of the project and shall be removed upon project completion. REVISION OF SECTION 608 SIDEWALKS AND BIKEWAYS Section 608 of the Standard Specifications is hereby revised for this project as follows: Subsection 608.03, add the following: (g) Sandstone Sidewalk. The property owner adjacent to the existing sandstone sidewalk has right of first refusal of the sandstone, at which time the material becomes property of the City. The sandstone sidewalk is the responsibility of the contractor. It must be handled with care and placed on a pallet until the owner has taken possession. • REVISION OF SECTION 619 WATER LINES Section 619 of the Standard Specifications is hereby removed and replaced for this project as follows: The following sections of the City of Fort Collins Utilities Development Construction Standards Water, Wastewater, and Stormwater shall be used: • 01000 APPROVED PRODUCT LISTING • 01110 GENERAL PROVISIONS • 01600 MATERIAL, EQUIPMENT AND WORKMANSHIP • 02224 PIPE BORING AND JACKING • 02675 DISINFECTION OF WATER SYSTEM • 02676 DOMESTIC WATER SYSTEM HYDROSTATIC TESTING • 03310 STRUCTURAL CONCRETE • 03390 CONCRETE CURING CONTROLLED LOW STRENGTH MATERIAL BACKFILL (FLO-FILL) PART 1-GENERAL 1.1 SECTION INCLUDES A. The CONTRACTOR shall furnish and place controlled low strength material (CLSM) backfill where shown in the Drawings. 1.2 REFERENCES A. ASTM C 33 - Concrete Aggregates B. ASTM C 94 - Specification for Ready -Mixed Concrete C. ASTM C 143 - Test Method for Slump of Hydraulic Cement Concrete D. ASTM C 150 - Portland Cement E. ASTM C 494 - Chemical Admixtures for Concrete F. ASTM C 618 - Fly Ash in Portland Cement Concrete G. ASTM D 4832 - Standard Test Method for Preparation and Testing of Soil- Cement Slurry Test Cylinders H. ASTM PS 28 - Provisional Standard Test Method for Flow Consistency of Controlled Low Strength Material 1. ASTM PS 29 - Provisional Standard Test Method for Unit Weight, Yield and Air Content (Gravimetric) of Controlled Low Strength Material • ASTM PS 30 - Provisional Standard Practice for Sampling Freshly Mixed Controlled Low Strength Material 2 REVISION OF SECTION 619 WATER LINES J. ASTM PS 31 - Provisional Standard Test Method for Ball Drop on Controlled Low Strength Material (CLSM) to Detennine Suitability for Load Application 1.3 SUBMITTALS: A. A minimum of two days prior to starting CLSM work, CLSM mix design shall be submitted for review and approval. No changes shall be made in the amounts or sources of the approved mix ingredients without the approval of the ENGINEER. Product inspection and field testing of the approved mix may be made by, or on- behalf of, the OWNER. PART 2-PRODUCTS 2.1 MATERIALS 2.2 General: The CLSM shall consist of a mixture of sand, coarse aggregate, cement and water. Fly ash and approved admixtures may be used to obtain the required properties of the mix. The mix shall have good workability and flowability with self -compacting and self -leveling characteristics. Proportions of the mix shall be as given in the following table: CLSM Mix Proportions Article 1. Component Amount Cement 42 lbs Fine Aggregate 1,845 lbs Coarse Aggregate 1,700 lbs Water 235 lbs B. Cement: All cement used shall be Type Il Portland cement, which shall conform to the requirements of ASTM C 150. C. Fly Ash: Fly ash may be either Class C or Class F. The fly ash shall conform to ASTM C 618. D. Aggregates: 1. Fine Aggregate: All fine aggregate shall conform to the grading and quality requirements of ASTM C 33. 2. Coarse Aggregate: Coarse aggregate shall conform to the grading and quality requirements of ASTM C 33 for size No. 57 or No. 67. E. Water: The batch mixing water and mixer washout water shall conform to the requirements of ASTM C 94. The Water:Cement ratio shall be 5.6:1. F. Admixtures: Chemical admixtures that do not contain calcium chloride and conform to ASTM C 494 for concrete may be used in the CLSM mix. All chemical admixtures shall be compatible with the cement and all other admixtures in the batch. G. CLSM Properties: • 3 REVISION OF SECTION 619 WATER LINES 1. Strength: CLSM shall have a maximum 28 day compressive strength of 60 psi when molded and cured as in conformance with ASTM D 4832. 2. Air -Entrainment: All CLSM shall be air entrained to a total air content of 4 — 8 %. 3. Slump: The minimum slump shall be seven inches and the maximum slump shall be nine inches as when tested in accordance with ASTM PS 28. 4. Aggregate: Fine aggregate shall be between 50% and 60% by volume of the total aggregates in the CLSM mix. 5. Consistency: The consistency of the CLSM slurry shall be such that the material flows easily into all openings and the area to be filled. When trenches are on a steep slope, a stiffer mix of slurry may be required to prevent CSLM from flowing down the trench. When a stiffer mix is used, vibration shall be performed to ensure that the CLSM slurry completely fills all spaces between the pipe and the lower portion of the trench. PART 3 - EXECUTION 3.1 PLACEMENT • A. CLSM shall be used as an alternative to backfill, as directed by the ENGINEER, but may not be used as a substitute for bedding material. Rodding, mechanical vibration and compaction of CLSM shall be performed to assist in consolidating the CLSM. CLSM shall be placed as closely behind pipe laying operations as possible. When required to prevent uplift, the CLSM shall be placed in two stages as required, allowing sufficient time for the initial set of the first stage before the remainder is placed. CLSM shall be deposited as nearly as practical in its final position and in no way disturb the pipe trench or cause foreign material to become mixed with the CLSM. Soil backfill shall not be placed until the CLSM has reached the initial set. If backfill is not to be placed over the CLSM within 8 hours, a 6-inch cover of moist earth shall be placed over the CLSM surface. If the air temperature is 59 F or less, the moist earth cover should be at least 18-inches thick. CLSM shall not be placed when the air temperature is below 40°F unless the air temperature is 35'F or more and the temperature is rising. CLSM shall not be placed, if, in the judgment of the ENGINEER, weather conditions are unsuitable. CLSM shall not be placed when the trench bottom or walls are frozen or contain frozen materials. 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. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER hall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 4 REVISION OF SECTION 619 WATER LINES PAYMENT Flow -Fill will not be measure or paid separately, but is incidental to 6" PVC C900 DR 18 bid item. STEEL PIPE AND FITTINGS PART1-GENERAL 1.1 WORK INCLUDED: A. This section covers the furnishing and installation of steel casing pipe and appurtenances. PART 2 - MATERIALS 2.1 STEEL CASING PIPE AND APPURTENANCES A. Casing Pipe Steel casing pipe shall have a smooth wall and shall conform to A.S.T.M. Designation A-39, Grade B structural with a minimum yield strength of 36,000 psi. Casing pipe joints shall be beveled for field butt welding. Steel casing pipe minimum wall thickness shall be as shown on the Contract Drawings and shall be fabricated in accordance with A W WA C-200. The outside and inside surfaces of the steel casing shall be bare, unless otherwise required by the Contract Documents. B. Accessories 1. Casing Seals Casing seals shall be high density butyl rubber with stainless steel strap, Model W as manufactured by Pipeline Seal and Insulator Co., or equal. 2. Casing Spacers Casing spacers shall be 12" wide, with a two piece stainless steel shell. Runners shall be constructed of high molecular weight polymer, Model CCS as manufactured by Cascade Waterworks Manufacturing Co., or equal. PART 3-EXECUTION 3.1 STEEL CASING PIPE INSTALLATION A. The casing shall be installed by boring and jacking and shall be constructed according to the locations and grades as shown on the Contract Drawings. B. The casing pipe shall be installed pursuant to all requirements of the governing agency of the facility being crossed. The casing pipe shall not deviate from a straight line, at any point along the alignment by more than 0.2 feet. The grade of the casing shall be maintained within 0.2 feet and the casing alignment shall be maintained within 0.5 feet. • 5 REVISION OF SECTION 619 WATER LINES C. Carrier Pipe Installation All carrier pipe joints within casing to be restrained. Join pipe in accordance with the applicable pipe specification sections, including joint bonding if pipe line is cathodically protected. 2. If carrier pipe is ductile iron, secure polyethylene wrap so casing spacers fit over the wrap. Attach casing spacers no more than two feet from each end of the casing pipe and at no greater than 10' intervals inside the casing pipe. 3. Fill the annular space between the casing and the carrier pipe with clean, dry sand for the entire length of the casing. 4. Seal the ends of the casing pipe with casing seals. 3.2 PIPE INSTALLATION - GENERAL A. Underground Interference A reasonable attempt has been made to locate and identify the underground interferences Is locations be encountered. However, it shall be the responsibility of the Contractor to verify the locations shown on the Drawings. It shall also be the responsibility of the Contractor to locate any interference not shown on the Drawings. The Contractor shall exercise care when working in order to protect all underground interference and shall be fully responsible for any and all damage caused by his operations. B. Pipe Alignment and Grade In laying pipe, maximum tolerance is permitted to set line within +/-0.3 foot and grade within +/- 0.1 foot. Fittings, valves and hydrants shall be installed at the specified locations and elevations, unless written permission to deviate is obtained from the Engineer. When laying pipe in curves, the intent is to lay to the alignment. The pipe shall be kept in alignment by deflecting joints, using short lengths or bends. Any changes in alignment and grade must be authorized by the Engineer and shall be accomplished by the installation of additional fittings, or "breaking" of joints. C. Deviation from Alignment and Grade Occasioned by Other Structures Whenever obstructions, not shown on the plans, interfere to such an extent that an alteration in the plans is required, the Engineer shall have the authority to determine the best method of correction. He may change the plans and order a deviation from line and grade, or he may instruct the Owner to arrange with the Contractor to arrange with the Owners of the structure for its removal, relocation or reconstruction, as best fits the economic and field conditions. 6 REVISION OF SECTION 619 WATER LINES D. Temporary Bulkhead Whenever the pipe is left unattended, temporary plugs shall be installed at all openings. Temporary plugs shall be watertight and of such design as to prevent children, animals, or debris from entering the pipe. If water accumulates in the trench, the plugs shall remain in place until the trench is dry. E. Connection of Pipelines of Dissimilar Metals Insulated couplings or insulated flange kits shall be used when joining pipes of dissimilar metal either above or below grade. F. Pipeline Marker or Detection Tape Polyethylene warning tape shall be installed approximately 2 feet below the ground surface, centered over all buried waterlines Payment will be made under: Pay Item Pay Unit 14" Steel Casing with 3/8" walls LF PLASTIC PRESSURE PIPE 1OF41117119EK"04031;711R 1.1 DESCRIPTION This section covers the furnishing and installation of plastic pressure pipe and fittings. 1.2 QUALITYASSURANCE A. Standard: 1. A W WA C900: PVC Pressure Pipe and Fabricated Fitting, 4"- 12", For Water Distribution 2. AWWA C905: PVC Pressure Pipe and Fabricated Fitting, 14"- 48", For Water Transmission and Distribution 3. ASTM F477: Elastomeric Seals ( Gaskets) for Joining Plastic Pipe 4. ASTM D1784: Specification for Rigid PVC Compounds and CPVC Compounds 5. ASTM D3139: Joints for Plastic Pressure Pipes Using Flexible Elastomeric Seals B. Manufacturers: 1. Diamond Plastics Corporation 2. PW Eagle REVISION OF SECTION 619 WATER LINES 3. J-M Manufacturing Company 4. CertainTeed 5. Underground Solutions, Inc 6. Or approved equal 2 PART2-PRODUCTS 2.1 MATERIALS A. PVC Pressure Pipe (4 inch through 12 inches). 1. Conformance: A W WA C-900, DR-18 Class 150. 2. O.D. Base: Cast Iron equivalent. 3. Pressure Class: Refer to drawings for minimum pressure class. 4. Pipe Joints: a. Direct Bury: Bell ends with elastomeric gaskets. Solvent cement joints are strictly prohibited. b. Horizontal Directional Drilling: i. Fusible C-900TM manufactured by Underground Solutions, Inc. ii. Low profile restrained joint pipe such as C900/RJ system manufactured by CertainTeed or approved equal. • B. Mechanical Joint Restraints: Ford Uni-Flange Block Buster Series 1300 Pipe Restraint or approved equal. C. Seals: For penetrations into Precast Concrete structures use two sets of Thunderline Link- Seal units w/stainless steel hardware. D. Tracer wire. 1. Tracer wire shall be a minimum 14 AWG direct bury, insulated solid copper wire directly. The tracer wire shall be continuous (without splices) whenever possible. When splices are required, a wire connector equal to 3M DBR-6 shall be used. Splices shall be wrapped water -tight with one layer of filler tape followed by a second layer of "Scotchwrap. " Termination Box: Equal to a cathodic protection test station termination box. E. Warning Tape 1. Tape to read: CAUTION: BURIED WATER LINE BELOW 2. Colors: Blue background with black text 3. APWA & AASHTO compliant 4. Tape shall be detectable 5 mil foil for plastic piping or other detectable non- degradable material 8 REVISION OF SECTION 619 WATER LINES F. Fittings: Ductile Iron. I. Standard: A W WA C-104, C-110, C-111, or C-153. 2. Lining: Epoxy. 3. Coating: Epoxy. 4. Pressure rating: 250 psi. 5. Connections: mechanical joint unless specified otherwise indicated. a. Tee -head bolts and nuts: high strength, low alloy steel "Cor Ten", "Usalloy", or equal. PART 3-EXECUTION 3.1 INSPECTION A. Examine the pipe and fittings for cracks, dents, abrasions or other flaws prior to installation. Mark defective pipe and remove from the site. 3.2 INSTALLATION A. Cutting the pipe. 1. Cut the pipe square with saws or pipe cutters designed specifically for the material. 2. Bevel the end in accordance with the manufacturer's recommendations. 3. Locate a depth mark with a marker or crayon to assure the spigot end is inserted to the recommended depth. 4. Remove burrs and wipe off all dust from the jointing surfaces. B. Gasketedjoints. 1. Remove all dirt and foreign material from the spigot, gasket an gasket groove. 2. Apply lubricant furnished by the pipe manufacturer. 3. Insert the spigot to the depth recommended by manufacturer. 4. Do not disturb previously completed joints during jointing operations. C. Do not bend pipe on any radius. Joints may be deflected if manufacturer's written literature allows, but bending of pipe is not allowed. D. Joints of all pipe in the trench shall be completed before work is stopped. If water accumulates in the trench, the plugs shall remain in place until the trench is dry. E. Tracer wire. 1. Tape to top centerline pipe every 5 feet with tape such that wire remains in place during embedding of pipe. 2. As an alternative to taping, spiral wrap tracer wire around pipeline in a symmetric pattern. Taping is not required with this method of installation. 3. Secure tracer wire to fire hydrant be wrapping twice around riser to hydrant. Terminate end of tracer wire in a pre -fabricated cathodic protection test station. Two (2) feet of wire shall be coiled inside each box. See Drawing Exhibit 2-8 for detail. 4. Wire maybe spliced with plastic ties. Totally enclose in waterproofPermatex. Double wrap in Protecto-Wrap. 0 0 9 REVISION OF SECTION 619 WATER LINES 5. Attach one pound sacrificial anodes to tracer wire every 500 feet. 6. Testing. a. Pass current through wire and demonstrate that wire is capable of locating the pipe. b. If wire will not pass current, locate break in circuit and test until tracer wire works in accordance with its intended use. F. Warning Tape 1. Place 18" above top of pipe and centered over pipe in backfill. 2. Tape shall run continuous with pipe. 3.03 TAPPING 1. Tapping of P. V.C. up to and including two (2) inch shall be done only with approved tapping saddles. 2. Taps larger than two (2) inches in size shall be made only with approved tapping saddles, sleeves and shall be stainless steel only. PAYMENT Payment will be made under: Pay Item 6" PVC C900 DR 18 6" 45° Bends PART 1-GENERAL 1.1 WORK INCLUDED Pay Unit LF EA HARNESS RODS AND THRUST BLOCKS Furnish and install all harness rods and thrust blocks as shown on the Contract Drawings. PART 2 - MATERIALS 2.1 HARNESS RODS Rods shall be made from a chromium molybdenum alloy having a minimum tensile strength of 125,000 psi and be manufactured in compliance with the requirements of ASTM A 193 Grade B7, "Standard Specification for Alloy -Steel and Stainless Steel Bolting Materials for High Temperature Service". Nuts shall be manufactured as required by ASTM A 307 "Standard Specification for Carbon Steel Externally and Internally Threaded Standard Fasteners". 10 REVISION OF SECTION 619 WATER LINES 2.2 THRUST BLOCK CONCRETE As per Section 601 — Structural Concrete. PART 3-EXECUTION 3.1 HARNESS RODS A. General Harness rods may be used as approved by the Engineer at bends and fittings where alternate mechanical restraint cannot be used due to existing field conditions or where harness rods are specifically required by the Contract Drawings. Rods shall be manufactured from high strength low alloy steel, 'Cor-Ten'or approved equal. Horizontal and vertical offsets and reducers shall be rodded across the joint on each side of the fitting. All other fittings shall be rodded in accordance with the Contract Drawings. Where harness rods are required inside of vaults or other structures, they shall be connected to flanged fittings by means of steel plate flange lugs as shown in the standard details of the Contract Drawings. B. Installation All fittings up to 16 inches in diameter which require harness rods shall be restrained with 3/4 inch diameter high strength steel rods. All 18 and 20 inch fittings requiring harness rods shall be restrained with 1 inch diameter high strength steel rods. All fittings which require rodding shall be secured with 2 harness rods. 3.2 THRUST BLOCKS A. General Thrust blocks shall be constructed at all horizontal bends. A bond breaker shall be placed between the pipe and the thrust block to aid in ease of future removal. For the same reason if a large thrust block is to be poured, it shall be separated by a suitable material into sections. The Contract Drawings show sizes and shapes of thrust blocks. The bearing surface areas are the minimum areas to bear against the undisturbed trench wall. If, in the opinion of the Engineer, the soil bearing capacity is not sufficient to provide adequate restraint based on the minimum bearing areas shown on the Contract Drawings, then the minimum bearing area shall be increased to the size that will ensure adequate restraint. In every instance the thrust block shall bear against undisturbed earth. When it is impossible, through over excavation or other causes, to pour a thrust block against undisturbed earth, harness rods shall be required to anchor the fittings to the main. Before placing concrete, all equipment for mixing and transporting the concrete shall be clean. All debris, water or ice shall be removed from the place to be occupied by the concrete. Concrete shall not be placed in frozen subgrade. Concrete shall be placed only in the presence of the Engineer unless inspection has been waived prior to the placement. • 11 REVISION OF SECTION 619 WATER LINES B. Form Work for Thrust Blocks All forming for concrete thrust blocks and anchors will be done by bulkheading around the shape of the thrust block or anchor with burlap or reinforced paper sacks which have been filled with sand or earth. Sacks shall be of a size easily handled by the workmen when the sacks are full. Filled sacks used to form concrete blocks shall be left in place in the trench. If the main must be placed immediately into service, wood maybe used to form up the thrust block. The wood form shall be of such design as to support the thrust until the concrete has set. No horizontal struts or braces required for trench shoring shall remain in the concrete thrust blocks. Prior to placing concrete, the forms and ditchbank shall be inspected and approved by the Engineer. C. Minimum Curing Time Newly placed concrete shall be allowed to set, undisturbed for a minimum curing time of 24 hours prior to pressurizing the pipeline. D. Compaction of Fill Over the Thrust Block • Backfill maybe placed over the thrust block once the surface has set sufficiently to resist the weight of the backfill. PAYMENT Thrust blocks are incidental to 6" 45° Bends bid item. FLEXIBLE COUPLINGS AND FLANGE ADAPTORS PART1-GENERAL 1.1 WORK INCLUDED Furnish and install all flexible couplings, flange adaptors, and insulating couplings as shown in the Drawings. The coupling and adaptor materials shall be the same strength rating as the pipe to be joined. PART 2 - MATERIALS 2.1 General A. Flexible Couplings and Flange Adaptors Flexible couplings and flanged adapters shall be designed to relieve mechanical stress in • pipelines due to thermal expansion and contraction, differential settlement or misalignment and mechanical vibration. Flexible couplings shall consist of a sleeve which shall fit over the ends of the two pipe sections tobejoined. The sleeve shall bet/4"minimum thickness and 10" 12 REVISION OF SECTION 619 WATER LINES minimumlength. The coupling shaUmawatertight sea] bycompressing resilient wedge-shaped gaskets between the ends of the sleeve and the pipe sections. The gaskets shall be compressed by 2 retainer rings bolted to one another on the outside of the coupling sleeve. Flange adapters shall be equivalent to flexible couplings except that one retainer ring and gasket shall be replaced with a flanged connection on the coupling sleeve. B. Insulating Couplings Insulated couplings shall be used when joining pipes of dissimilar materials. 2.2 Acceptable Manufacturers A. Flexible Couplings - Dresser Style 38, Rockwell Product No. 411 or equal. B. Flange Adaptors (DI Pipe) - Rockwell Product No. 912, Dresser Style 127 or equal. C. Flange Adaptors (Steel Pipe) - Rockwell Product No. 913, Dresser Style 128 or equal. D. Transition Couplings - Dresser Style 162, Rockwell Product No. 413 or equal. E. Insulating Couplings - Dresser Style 39 or equal. 2.3 Sleeve and Flange Adaptor Bodies Sleeves and flange adaptor bodies shall be fabricated from cast iron, malleable iron, or carbon steel in conformance with one of the following Standards: ASTM A 126, Grade B; ASTM A47; ASTM A53; ASTM A512. Interior lining of all sleeve and flange adaptor bodies shall be liquid epoxy coated (Tnemec Pota-Pox or approved equal, 16.0 dry film mils) in accordance with AW WA C210 or fusion- bonded epoxy coated in accordance with A W WA C213. Exterior coating shall be shop applied and consist of 3 to 5 mils undercoat and 4 to 6 mils finish coat. Paint shall be Tnemec Hi -Build Epoxoline or approved equal. 2.4 Retainer Rings Retainer rings shall be malleable iron, ductile iron, or high carbon steel conforming to one of the following Standards: ASTM A47; ASTM A536; ASTM A715; AISI C1018. 2.5 Bolts Bolts shall be 304 stainless steel roll threaded with plastic thread protection caps and 304 stainless steel nuts. 2.6 Gaskets Gaskets shall be synthetic rubber. • 13 REVISION OF SECTION 619 WATER LINES PART 3-EXECUTION 3.1 GENERAL A. Install all flexible couplings, flange adaptors and insulating couplings in accordance withthe Manufacturers' recommendations. B. Prior to installation, thoroughly remove all oil, scale, and dirt from the coupling or adaptor and provide a clean seat for the gasket. C. Wipe gasket clean prior to installation. D. Tighten bolts progressively around the retainer ring until all bolts have a uniform tightness. Final tightening shall be performed with a torque -limiting wrench to the torque level recommended by the Manufacturer. E. Install restraint rods, and rods with insulating kits where required with insulating couplings, to provide restraint against pipe thrust. PAYMENT • Payment will be made under: Pay Item Pay Unit 6" Solid Sleeve EA CONNECTIONS TO THE OWNER'S WATER SYSTEM PART1-GENERAL 1.1 WORK INCLUDED The work to be performed includes the connection of new pipelines to an existing water pipeline which is part of the Owner's water system PART 2 — NOT USED PART 3 - EXECUTION 3.1 CONNECTIONS Connections to the Owner's water system shall be completed in a neat and workmanlike manner. An Inspector shall be present at all times during the construction of the connection. The connection is • subject to approval by the Inspector and the Engineer. Under no circumstances shall a non - disinfected main, which cannot be isolated, be connected to an existing disinfected main. • 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing and Risk Management Division or the City Clerk's office. A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. 23.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid • assures that such Bid is genuine and is not a collusive or sham Bid. 24.0 BID RESULTS. For information regarding results for individual Bids send a self-addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION 11 14 REVISION OF SECTION 619 WATER LINES The Owner is not responsible for water tightness of its valves on existing facilities. If existing valves leak, the Owner will assist in reducing the influx of water, but the Contractor must use methods at his own disposal to work with the resulting leakage. 3.2 OPERATION OF VALVES In connecting to the Owner's water system, it may be necessary to operate existing valves. Valves on the Owner's system that must be operated to make a connection shall be operated by the Owner's assigned d representative only. The Engineer shall be given 48 hour notice by the Contractor for operation of valves and shall be present during their operation, except in the case of emergencies. • REVISIONS OF SECTION 623 IRRIGATION SYSTEM Section 623 of the Standard Specifications is hereby revised for this project as follows: Subsection 623.04 shall include the following: Attach wire markers to the ends of control wires inside the controller unit housing. Label wires with the identification number (see drawings) of the remote control valve to which the control wire is connected. In subsection 623.07(a) delete the first paragraph and replace with the following: (a) Pop-up spray Sprinklers. The pop-up spray sprinkler body, stem, screen, and nozzle shall be constructed of heavy duty plastic. Subsection 623.09 shall include the following: The irrigation dripline shall have factory installed pressure -compensating, inline emitters installed every 12-24 inches. The flow rate from each installed inline emitter shall be 0.26, 0.4, 0.6 or 0.9 gallons per hour when inlet pressure is between 8.5 & 60 psi. The inline diaphragm shall have a pressure regulating diaphragm with a spring action allow it to self -rise if there is a plug at the outlet hole. The bend radius shall be 3-inches whether bending the tubing with the bend of the coil or against it. The inlet shall be raised off the inside tube wall to minimize dirt intrusion. . Subsection 623.10 shall include the following: Plastic and Copper water lines listed below shall be paid for under section 619. Subsection 623.10 (a) shall include the following: Identify all pipe with the following indelible markings: (a) Manufacturer's Name. (b) Nominal pipe size. (c) Schedule of class. (d) Pressure rating (e) NSF (National Sanitation Foundation) seal of approval. (f) Date of extrusion. Delete subsection 623.10 (b) and replace with the following: (b) Lateral Line Pipe. Lateral line pipe shall be Class 200 PVC manufactured from virgin polyvinyl chloride (PVC) compound in accordance with ASTM standards D2241 and D1784, cell classification 12454-B, Type 1, Grade I. Fittings shall be standards weight Schedule 40 injection molded PVC conforming to ASTM D1784 and D2466, cell classification 12454-B. Subsection 623.10 (c) replace with the following: • Drip irrigation laterals to pots, use UV radiation resistant polyethylene pipe manufactured from Prime Union Carbide G-resin 7510 Natural 7 manufactured by Union Carbide or a Union Carbide Licensee with a minimum of 2% carbon black, and minimum nominal pipe ID dimension of 0.810" for 3/4 inch pipe. REVISIONS OF SECTION 623 IRRIGATION SYSTEM Delete Subsections 623.10 (d), and 623.10 (e). Subsection 623.10 shall include the following: (f) Copper pipe: Pressure supply line from point -of -connection through backflow preventer shall be Type "K" rigid conforming to ASTM Standard B88. Use wrought copper or cast bronze fittings, soldered or threaded per the installation details. Use a 95% tin and 5% antimony solder. (g) Joint Cement and Primer —Weldon P-70 Primer and Weldon 711 Gray Glue or Weldon 725 Wet and Dry Glue will be al lowed. (h) Irrigation Roadway and sidewalk sleeves. Lateral line pipe shall be Class 200 PVC manufactured from virgin polyvinyl chloride (PVC) compound in accordance with ASTM standards D2241 and D1784, cell classification 12454-B, Type 1, Grade I. Delete Subsections 623.1 (c), 623.11 (d), and 623.11 (e). Delete Subsection 623.11 (f) and replace with the following: (f) Mainline Isolation Valves. Gate valves for 3/4-inch through 2-1/2-inch Pipe — Brass construction; solid wedge, IPS threads, and non -rising stem with square operating nut. Delete Subsection 623.13. Subsection 623.23 First Sentence shall read as follows: "After installation of...for leaks after a minimum 120 PSI static pressure... for four hours in a hydro static test." Subsection 623.23 shall include the following: The contractor shall conduct pressure tests in the presence of the Engineer or Engineer's representative. The Contractor shall give 72 hour notice prior to testing. The test is acceptable if no loss of pressure is evident during the test period. The Contractor shall retest system until test pressure can be maintained for the duration of the test. Subsection 623.26 shall include the following: The Contractor shall provide a valve sequencing chart for each automatic controller installed. Charts shall not be prepared until as-builts plans have been approved by the Engineer. Charts shall be installed on the automatic controller door with photo reduction prints of the as-builts plans. Reduction prints shall be kept to the largest size possible to retain full legibility. A readable print of the as -built plans shall be provided showing the area covered by the automatic controller. The area of coverage of each control valve shall be identified using a distinctly different pastel color, drain over the entire area of coverage. • REVISIONS OF SECTION 623 IRRIGATION SYSTEM In Subsection 623.30, second paragraph, delete item (4) and replace with the following: (4) Two of each Type of Valve box Subsection 623.30 shall include the following: One set of special tools required for removal, disassembling and adjusting each type of sprinkler head and valve installed. Two sets keys for each automatic controller enclosure. Delete Subsection 623.32 Work shall not be measured under this section 623 Irrigation System. Refer to section 214 Planting. Delete Subsection 623.33 Work shall not be paid under this section 623 Irrigation System. Refer to section 214 Planting. • CJ 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. In subsection 630.15 add the following to the fifth paragraph: TCI shall be performed twice a day. A daily report must be submitted by the contractor, signed that confirms what time the site was checked, what was done during the check and what actions were taken, if needed. • STANDARD SPECIAL PROVISIONS 9 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 detennine the resident bid preference status of a bidder, the bidder shall submit a completed Form 604 with the proposal. Failure to submit the residency Form with the proposal will be justification for and may result in the rejection of the proposal and forfeiture of the proposal guaranty. The proposals will be treated as follows: (1) All proposals will be checked for accuracy by the Department. (2) The dollar amount of the checked proposal from nonresident bidders will be adjusted by a percentage equal to the percentage preference given or required by the state or foreign country of the bidder's residency. If the state or foreign country does not give or require a residency preference, no adjustment in the proposal dollar amount will be made. (3) Adjusted proposals from nonresident bidders will then be compared to proposals from resident bidders, and the bidder with the lowest total will be considered the apparent low bidder. (4) Should a nonresident bidder be the apparent low bidder, in accordance with paragraph (3) above, an award will be made on the basis of the original proposal, not the adjusted proposal. (5) The Department will proceed with its normal award procedure. July 31, 2014 REVISION OF SECTION 105 CONSTRUCTION SURVEYING Section 105 of the Standard Specifications is hereby revised for this project as follows: In subsection 105.13, delete (a) and replace with the following: (a) Contractor Surveying. When the bid schedule contains pay item 625, Construction Surveying, the Department will provide control points and bench marks as described in the Contract. The Contractor shall furnish and set construction stakes establishing lines and grades in accordance with the provisions of Section 625. The Engineer may order extra surveying which will be paid for at a negotiated rate not to exceed $150 per hour. In subsection 105.13 (b), delete the sixth paragraph and replace with the following: The Contractor shall be held responsible for the preservation of all stakes and marks, and if any are destroyed, disturbed or removed by the Contractor, subcontractors, or suppliers, the cost of replacing them will be charged against the Contractor and will be deducted from the payment for the work at a negotiated rate not to exceed $150 per hour. February 3, 2011 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) Sections 105 and 106 of the Standard Specifications are hereby revised for this project as follows: Delete subsection 105.05 and replace with the following: 105.05 Conformity to the Contract of Hot Mix Asphalt. Conformity to the Contract of all Hot Mix Asphalt, Item 403, except Hot Mix Asphalt (Patching) and temporary pavement will be determined by tests and evaluations of elements that include asphalt content, gradation, in -place density and joint density in accordance with the following: All work performed and all materials furnished shall conform to the lines, grades, cross sections, dimensions, and material requirements, including tolerances, shown in the Contract. For those items of work where working tolerances are not specified, the Contractor shall perform the work in a manner consistent with reasonable and customary manufacturing and construction practices. When the Engineer finds the materials or work furnished, work performed, or the finished product are not in conformity with the Contract and has resulted in an inferior or unsatisfactory product, the work or material shall be removed and replaced or otherwise corrected at the expense of the Contractor. Materials will be sampled randomly and tested by the Department in accordance with Section 106 and with the applicable procedures contained in the Department's Field Materials Manual. The approximate maximum quantity represented by each sample will be as set forth in Section 106. Additional samples may be selected and tested as set forth in Section 106 at the Engineer's discretion. A process will consist of either a single test value or a series of test values resulting from related tests of an element of the Contractor's work and materials. An element is a material or workmanship property that can be tested and evaluated for quality level by the Department approved sampling, testing, and analytical procedures. All materials produced will be assigned to a process. A change in process is defined as a change that affects the element involved. For any element, with the exception of the process for joint density element, a process normally will include all produced materials associated with that element prior to a change in the job mix formula (Form 43). For joint density, anew process will be established for each new layer of pavement or for changes in joint construction. Density measurements taken within each compaction test section will be a separate process. The Engineer may separate a process in order to accommodate small quantities or unusual variations. Evaluation of materials for pay factors (PF) will be done using only the Department's acceptance test results. Each process will have a PF computed in accordance with the requirements of this Section. Test results determined to have sampling or testing errors will not be used. Except for in -place density measurements taken within a compaction test section, any test result for an element greater than the distance 2 x V (see Table 105-2) outside the tolerance limits will be designated as a separate process and the pay factor will be calculated in accordance with subsection 105.05(a). An element pay factor less than zero shall be zero. The calculated PF will be used to determine the Incentive/Disincentive Payment (I/DP) for the process. In the case of in -place density or joint density the Contractor will be allowed to core the exact location (or immediately adjacent location for joint density) of a test result more than 2 x V outside the tolerance limit. The core must be taken and furnished to the Engineer within eight hours after notification by the Engineer of the test result. The result of this core will be used in lieu of the previous test result. Cores not taken February 3, 2011 2 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) within eight hours after notification by the Engineer will not be used in lieu of the test result. All costs associated with coring will be at the Contractor s expense. (a) Representing Small Quantities. When it is necessary to represent a process by only one or two test results, PF will be the average of PFs resulting from the following: If the test result is within the tolerance limits then PF = 1.00 If the test result is above the maximum specified limit, then PF = 1.00 — [0.25(TO - TU)N] If the test result is below the minimum specified limit, then PF = 1.00 — [0.25(TL - TO)N] Where: PF = pay factor. V = V factor from Table 105-2. TO = the individual test result. TU = upper specification limit. TL = lower specification limit. The calculated PF will be used to determine the I/DP for the process. (b) Determining Quality Level. Each process with three or more test results will be evaluated for a quality level (QL) in accordance with Colorado Procedure 71. (c) Gradation Element. Each specified sieve, with the exception of 100 percent passing sieves, will be evaluated for QL separately. The lowest calculated QL for a sieve will be designated as the QL for gradation element for the process. (d) Joint Density Element. Joint Density will be tested according to subsection 401.17. (e) Process Pay Factor. Using the calculated QL for the process, compute PF as follows: The final number of random samples (Pn) in each process will determine the final pay factor.. As test values are accumulated for each process, Pn will change accordingly. When the process has been completed, the number of random samples it contains will determine the computation of PF, based on Table 105-3 and formula (1) below. When Pn is from 3 to 9, or greater than 200, PF will be computed using the formulas designated in Table 105- 3. Where Pn is equal to or greater than 10 and less than 201, PF will be computed by formula(]): (PFI + PF2) (PF2 + PF3) (PFI +PF2) • (1) PF =------------------ + [ --- —----- -------- - -------------------] x 2 2 2 (Pn2 — PnX) (Pn2 — Pn3) City of Fort Collins Purchasing ADDENDUM NO. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS 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/Purchas/ng Description of BID 8202: Arthur Ditch Bridge Replacement - Olive & Loomis Intersection OPENING DATE: 3:00 PM (Our Clock) December 10, 2015 To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed in the following sections of this addendum: Exhibit 1 — Revised Bid Schedule (has also been uploaded as a separate Microsoft Excel document) Exhibit 2 — Questions & Answers Exhibit 3 — Gate Valve Specifications Please contact Elliot Dale, Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Addendum 1 8202 Arthur Ditch Bridge Replacement — Olive & Loomis Intersection Pagel of 6 SECTION 00300 BID FORM February 3, 2011 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) Where, when referring to Table 105-3: PF I= PF determined at the next lowest Pn formula using process QL PF2= PF determined using the Pn formula shown for the process QL PF3= PF determined at the next highest Pn formula using process QL Pn2= the lowest Pn in the spread of values listed for the process Pn formula Pn3= the lowest Pn in the spread of values listed for the next highest Pn formula PnX= the actual number of test values in the process When evaluating the item of Furnish Hot mix asphalt, the PF for the element of In -Place Density shall be 1.0. Regardless of QL, the maximum PF in relation to Pn is limited in accordance with Table 105-3. As test results become available, they will be used to calculate accumulated QL and PF numbers for each process. The process I/DP's will then be calculated and accumulated for each element and for the item. The test results and the accumulated calculations will be made available to the Contractor upon request. Numbers from the calculations will be carried to significant figures and rounded according to AASHTO Standard Recommended Practice R-1 I, Rounding Method. (f) Evaluation of Work. When the PF of a process is 0.75 or greater, the finished quantity of work represented by the process will be accepted at the appropriate pay factor. If the PF is less than 0.75, the Engineer may: 1. Require complete removal and replacement with specification material at the Contractor's expense; or 2. Where the finished product is found to be capable of performing the intended purpose and the value of the finished product is not affected, permit the Contractor to leave the material in place. If the material is permitted to remain in place the PF for the process will not be greater than 0.75. When condition red, as described in Section 106, exists for any element, resolution and correction will be in accordance with Section 106. Material, which the Engineer determines is defective, may be isolated and rejected without regard to sampling sequence or location within a process. If removal and replacement is required because the joint density PF for a process is below 0.75, the Contractor shall remove and replace the full lane width adjacent to and including at least 6 inches beyond the visible joint line for the entire length of joint representing the process. If the lane removed is adjacent to another joint, that joint shall also be removed to a point 6 inches beyond the visible joint line. When a single joint density core is more than 2V outside the tolerance limits, the removal and replacement limits shall be identified by coring the failing joint at 25 foot intervals until two successive cores are found to be 1 V or less below the minimum tolerance limit. If removal and replacement is required, the Contractor shall submit documentation identifying the process to be used to correct the area in question in writing. The process will be approved by the Engineer before commencing the corrective work. February 3, 2011 • REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) Table 105-2 "W" AND "V" FACTORS FOR VARIOUS ELEMENTS llot Mix Asphalt Element V Factor W Factor Wm het 1 N/A 600 µm (No. 30) mesh sieve 1.80 �iA Gradation N/A 5 ,5 In -place Density 1.10 1.60 4 � I Joint Density Table 105-3 February 3, 2011 5 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) (g) Process UDP Computation. I/DP = (PF - 1)(QR)(UP)(W/l00) Where: I/DP = Incentive/Disincentive Payment PF = Pay Factor QR = Quantity in Tons of HMA Represented by the Process UP = Unit Bid Price of Asphalt Mix W = Element Factor from Table 105-2 When AC is paid for separately UP shall be: UP = [(TonHMAXUPHMA) + JONAUPAC)]/TOnHMA Where: TonHMA = Tons of Asphalt Mix UPHMA = Unit Bid Price of Asphalt Mix TonAC = Tons of Asphalt Cement UPAC = Unit Bid Price of Asphalt Cement For the joint density element: UP = UPHMA Where: UPHMA is as defined above. When AC is paid for separately UP shall be: UP = [(BTonHMA)(BUPHMA) + (BTonAc)(BUPAc)]/BTonHMA Where: BTonHMA = Bid Tons of Asphalt Mix BUPHMA = Unit Bid Price of Asphalt Mix BTonAC = Bid Tons of Asphalt Cement BUPAC = Unit Bid Price of Asphalt Cement (h) Element UDP. The I/DP for an element shall be computed by accumulating the process I/DP's for that element. (i) 1/DP for a Mix Design. The I/DP for a mix design shall be computed by accumulating the individual I/DP's for the asphalt content, in -place density, and gradation elements for that mix design. The accumulated quantities of materials for each element must be the same at the end of I/DP calculations for a mix design. 0) Project UDP. The I/DP for the project shall be computed by accumulating the mix design I/DP's and the joint density IMP'& The accumulated quantities of materials for each element must be the same at the end of I/DP calculations for the project. February 3, 2011 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) Delete subsection 106.05 and replace with the following: 106.05 Sampling and Testing of Hot Mix Asphalt. All hot mix asphalt, Item 403, except Hot Mix Asphalt (Patching) and temporary pavement shall be tested in accordance with the following program of process control testing and acceptance testing: The Contract will specify whether process control testing by the Contractor is mandatory or voluntary. (a) Process Control Testing. 1. Mandatory Process Control. When process control testing is mandatory the Contractor shall be responsible for process control testing on all elements and at the frequency listed in Table 106-1. Process control testing shall be performed at the expense of the Contractor. After completion of compaction, in -place density tests for process control shall be taken at the frequency shown in Table 106-1. The results shall be reported in writing to the Engineer on a daily basis. Daily plots of the test results with tonnage represented shall be made on a chart convenient for viewing by the Engineer. All of the testing equipment used for in -place density testing shall conform to the requirements of acceptance testing standards, except nuclear testing devices need not be calibrated on the Department's calibration blocks. • For elements other than in -place density, results from quality control tests need not be plotted, or routinely reported to the Engineer. This does not relieve the Contractor from the responsibility of performing such testing along with appropriate plant monitoring as necessary to assure that produced material conforms to the applicable specifications. Quality control test data shall be made available to the Engineer upon request. 2. Voluntary Process Control. The Contractor may conduct process control testing. Process control testing is not required, but is recommended on the elements and at the frequency listed in Table 106-1. All of the testing equipment used for in -place density testing shall conform to the requirements of acceptance testing standards, except nuclear testing devices need not be calibrated on the Department's calibration blocks. (b) Acceptance Testing. Acceptance testing is the responsibility of the Department. For acceptance testing the Department will determine the locations where samples or measurements are to be taken and as designated in Section 403. The maximum quantity of material represented by each test result, the elements, the frequency of testing and the minimum number of test results will be in accordance with Table 106-1. The location or time of sampling will be based on the stratified random procedure as described in CP 75. Acceptance sampling and testing procedures will be in accordance with the Schedule for Minimum Materials Sampling, Testing and Inspection in the Department's Field Materials Manual. Samples for project acceptance testing shall be taken by the Contractor in accordance with the designated method. The samples shall be taken in the presence of the Engineer. Where appropriate, the Contractor shall reduce each sample to the size designated by the Engineer. The Contractor may retain a split of the each sample which cannot be included as part of the Contractor's process control testing. All materials being used are subject to inspection and testing at any time prior to or during incorporation into the work. 9 February 3, 2011 7 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) Table 106-1 NCHLHULL PVK MUNIN Element Process Control Asphalt Content 7 hcoretical Maximum Specific Gravity Gradation In -Place Density 1.1000 tons, minimum 1/day I /Day 11500 tons I core/2500linear fe JNU AIVU 1 LM 11NU Acceptance 00 tons 1/1000 tons, minimum Vday 1/2000 to_ 1/500 tons Joint Density joint _ Aggregate Percent 112000 tons or 1/Day if less 1/2000 tons Moisture tat than 2000 tons Percent Lime' Notes: (1) The minimum number of in -place density tests for acceptance will be 5. (2) Process control tests for gradation are not required if less than 250 tons are placed in a day. The minimum number of process control tests for gradation shall be one test for each 1000 tons or fraction thereof. (3) Not to be used for incentive/disincentive pay. Test according to CP 60B and report results from Form 106 or Form 565 on Form 6. (4) Verified per Contractor's QC Plan. February 3, 2011 • 8 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) (c) Reference Conditions. Three reference conditions can exist determined by the Moving Quality Level (MQL). The MQL will be calculated in accordance with the procedure in CP 71 for Determining Quality Level (QL). The MQL will be calculated using only acceptance tests. The MQL will be calculated on tests 1 through 3, then tests I through 4, then tests 1 through 5, then thereafter on the last five consecutive test results. The MQL will not be used to determine pay factors. The three reference conditions and actions that will be taken are described as follows: 1. Condition green will exist for an element when an MQL of 90 or greater is reached, or maintained, and the past five consecutive test results are within the specification limits. 2. Condition yellow will exist for all elements at the beginning of production or when a new process is established because of changes in materials or the job -mix formula, following an extended suspension of work, or when the MQL is less than 90 and equal to or greater than 65. Once an element is at condition green, if the MQL falls below 90 or a test result falls outside the specification limits, the condition will revert to yellow or red as appropriate. 3. Condition red will exist for any element when the MQL is less than 65. The Contractor shall be notified immediately in writing and the process control sampling and testing frequency increased to a minimum rate of 1/250 tons for that element. The process control sampling and testing frequency shall remain at 1/250 tons until the process control QL reaches or exceeds 78. If the QL for the next five process control tests is below 65, production will be suspended. • If gradation is the element with MQL less than 65, the Department will test one randomly selected sample in the first 1250 tons produced in condition red. If this test result is outside the tolerance limits, production will be suspended. (This test result will not be included as an acceptance test.) After condition red exists, a new MQL will be started. Acceptance testing will stay at the frequency shown in Table 106-1. After three acceptance tests, if the MQL is less than 65, production will be suspended. Production will remain suspended until the source of the problem is identified and corrected. Each time production is suspended, corrective actions shall be proposed in writing by the Contractor and approved in writing by the Engineer before production may resume. Upon resuming production, the process control sampling and testing frequency for the elements causing the condition red shall remain at 1/250 tons. If the QL for the next five process control tests is below 65, production will be suspended again. If gradation is the element with MQL less than 65, the Department will test one randomly selected sample in the first 1250 tons produced in condition red. If this test result is outside the tolerance limits, production will be suspended. 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. • 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. • 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. • 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. • n LJ • SECTION 00300 BID FORM PROJECT: 8202 Arthur Ditch Bridge Replacement - Olive & Loomis Intersection Place: December 10 2015 Date: In compliance with your Invitation to Bid dated November 18 , 20 15 and subject to all conditions thereof, the undersigned a orporatio , Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum • of 5% of the total bid ($ 511io of the bid ) 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 Casualty & Surety of America, One Tower Square, Hartford, CT 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. 7. ThTTe11 undersigned Bidder hereby acknowledges receipt of Addenda No. Q through �• 0 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. • May 2, 2013 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 "Phan To And Including 0 250,000 400, 250.000 500,000 700 500,000 1,000,000 1,100 1.000,000 2.000,000 1 MO 2,000,000 4,000,000 2,500 4.000.000 10,000,000 3.300 10.000.000 --------------- 3,300 plus 200 Per Each Additional 1,000,000 Contract Amount or Part Thereof Over 10,000,000 July 31, 2014 REVISION OF SECTION 108 NOTICE TO PROCEED Section 108 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 108.02 and replace with the following: 108.02 Notice to Proceed. The Contractor shall not commence work prior to the issuance of a Notice to Proceed. The "Notice to Proceed" will stipulate the date on which contract time commences. When the Contractor proceeds with work prior to that date, contract time will commence on the date work actually begins. The Contractor shall commence work under the Contract on or prior to the 15th day following Contract execution or the 30th day following the date of award, whichever comes later, or in accordance with the selected start date allowed in the special provisions. n July 31, 2014 REVISION OF SECTION 108 PROJECT SCHEDULE Section 108 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 108.03 and replace with the following: 108.03 Project Schedule. (a) Defnifions. Activity. An activity is a project element on a schedule that affects completion of the project. An activity has a description, start date, finish date, duration, and one or more logic ties. Activity ID. A unique, alphanumeric, identification code assigned to an activity and remains constant throughout the project. Bar Chart. A simple depiction of a Project Schedule without relationships or supporting logic of the schedule. Calendar. Defined work periods and no work periods that determine when project activities can occur. Multiple calendars may be used for different activities; e.g., a 5-day work -week and a 7-day work -week calendar. Constraint. A restriction imposed in a schedule, which fixes a value that would otherwise be calculated within • the schedule. Examples of values that can be fixed by a constraint include start date, end date, and completion date. Critical Path. The sequence of activities that determines the duration of the project. Critical Path Method Scheduling. (CPM Scheduling) is a logic -based planning technique using activity durations and relationships between activities to calculate a schedule determining the minimum total project duration. Data Date. The starting point from which to schedule all remaining work. Duration. The estimated amount of time needed to complete an activity. Float. The amount of time between the earliest date an activity can start and the latest date when an activity must start ,or the earliest date an activity can finish and latest date when an activity can finish before the activity becomes critical. The time between the Project Schedule completion date and the Contract completion date is not considered float. Gantt Chart. A time -scaled graphical display of the project's schedule. Lag. A time -value assigned to a relationship. Logic. Relationships between activities defining the sequence of work (See also predecessor activity and successor activity). • Milestone. An activity, with no duration used to represent an event. Open -Ended Activity. An activity that does not have both a predecessor activity and a successor activity. July 31, 2014 REVISION OF SECTION 108 PROJECT SCHEDULE Predecessor Activity. An activity that is defined by schedule logic to precede another activity. Relationship. The interdependence between activities. Salient Feature. An item of work that is of special interest for CDOT in coordinating the project schedule but may not affect the overall completion of the project project. Successor Activity. An activity that is defined by schedule logic to follow another activity. Time -Scaled Logic Diagram. Gantt chart that illustrates logic links depicting both schedule logic and the time at which activities are performed. (b) Project Schedule - General The Contractor shall use either Microsoft Project or Primavera Scheduling software to develop and manage a CPM Project Schedule to plan, schedule, and report the progress of the work. Prior to, or at the Pre - construction Conference, the Contractor shall notify the Engineer in writing, which scheduling software the Contractor shall use to manage the project. The Contractor's selection and use of particular scheduling software cannot be changed after the first schedule submittal. If the Contractor selects Primavera, the Contractor shall calculate the schedule using the Retained Logic scheduling option. The Department will not allow use of bar charts for the Project Schedule. The Contractor shall submit schedules for approval by the Engineer. The purpose of these schedules is to allow the Contractor and the Department to jointly manage the work and evaluate progress. The schedules also serve to evaluate the affect of changes and delays to the scheduled project completion. -Either party may require a formal schedule review meeting. The Contractor's schedule shall consist of a time -scaled logic diagram and shall show the logical progression of all activities required to complete the work. The Contractor shall use activity descriptions that ensure the work is easily identifiable. The Contractor shall show the no -work days in the schedule calendars. The Contractor shall use durations for individual construction activities that do not exceed 15 calendar days unless approved by the Engineer. The Contractor may group a series of activities with an aggregate duration of five days or less into a single activity. Non -construction activities may have durations exceeding 15 working days, as approved by the Engineer. The Contractor may include summary bars in the schedule as long as the detailed activities to complete the work are displayed. The Contractor shall not use the following: (1) Negative lags (2) Lags in excess of 10 working days without approval by the Engineer. The Contractor's written request shall justify the need for the lag. Lags shall be identified. (3) Start -to -finish relationships. (4) Open-ended activities - every activity shall have at least one predecessor activity and at least one successor activity, except for the first and last activities in the network. If the contractor uses a start -to - start relationship to link two activities, then both of those two activities should also have successor activities linked by either a finish -to -start or a finish -to -finish relationship. July 31, 2014 REVISION OF SECTION 108 PROJECT SCHEDULE (5) Constraints without approval by the Engineer. The Contractor's written request shall explain why the use of constraints in the schedule is necessary. The Project Schedule shall show all activities required by all parties to complete the work. The Project Schedule shall include subcontracted work, delivery dates for critical material, submittal and review periods, permits and governmental approvals, milestone requirements, utility work by others and no work periods. The Contractor, its subcontractors, suppliers, and engineers, at any tier, shall perform the work according to the approved Project Schedule. Float within the Baseline Schedule or any other Project Schedule is not for the exclusive use or benefit of either party, but is a project resource available to both parties as needed until it is depleted. For any schedule submittal that shows completion in less than 85 percent of the Contract Time, the Contractor shall submit planned production rates in the schedule for all activities with float of 10 days or less. The Engineer may require additional methods statements for activities with float of 10 days or less. The Engineer's review of the schedule will not exceed 10 calendar days. The Engineer will provide the Contractor with one of the following responses within 10 days after receipt of the Project Schedule: (1) Approved, no exceptions taken; (2) Approved -as -Noted; or (3) Revise and Resubmit within 10 days. • The Contractor shall not assume that approval of the Project Schedule relieves the Contractor of its obligation to complete all work within the Contract Time. (c) Schedule Submittals. The Contractor shall include a time -scaled logic diagram with all schedule submittals that: (1) Is plotted on a horizontal time -scale in accordance with the project calendar. (2) Uses color to clearly identify the critical path. (3) Is based on early start and early finish dates of activities. (4) For Schedule Updates and Schedule Revisions, shows actual completion dates up to but not including the data date. (5) Clearly shows the sequence and relationships of all activities necessary to complete the contract work. (6) Includes an activity block for each activity with the following information: Activity ID Activitv Description Original D Total Float Farh start date F.arly finish date Late start date* Late finish date*Aff Actual Start date^ Actual Finish date" Calendar uselok1hp activity Activity Respons Remaining Duration ^ Duration Percent Complete A Gantt chart { d logic diagram-)T "- *Required with the Preliminary and Baseline Schedule. ^Re uired with the Project Schedule Update and Schedule Revision. July 31, 2014 REVISION OF SECTION 108 PROJECT SCHEDULE The Contractor shall include the following with all schedule submittals: 1) A Job Progress Narrative Report that includes the following: i. A description of the work performed since the previous month's schedule update. ii. A description of problems encountered or anticipated since the previous month's schedule submission. iii. A description of unusual labor, shift, equipment, or material conditions or restrictions encountered or anticipated. iv. The status of all pending items that could affect the schedule. V. Explanations for milestones forecasted to occur late. vi. Scheduled completion date status and any change from the previous month's submission. vii. An explanation for a scheduled completion date forecasted to occur before or after the contract completion date or contract time. viii. Schedule Delays: a. A description of current and anticipated delays including: Identification of the delayed activity or activities by Activity ID(s) and description(s). b. Delay type with reference to the relevant specification subsection. c. Delay cause or causes. d. Effect of the delay on other activities, milestones, and completion dates. e. Identification of the actions needed to avoid a potential or mitigate an actual delay. f. A description of the critical path impact and effect on the scheduled completion date in the previous month's schedule update. ix. A list of all added and deleted activities along with an explanation for the change. X. All logic and duration changes along with an explanation for the change. 2) A Predecessor Activity and Successor Activity report that defines all schedule logic and clearly indicates all logical relationships and constraints. 3) An Early Start report listing all activities, sorted by actual start/early start date. 4) A Float report listing all activities sorted in ascending order of available float. 5) A Critical Path report listing all activities not yet complete with the percent complete, sorted by float and then by early start. 6) A listing of all non -work days. For all required schedule submittals, the Contractor shall submit two electronic copies on two compact disk, USB flash drive, or other media as directed by the Engineer. Electronic copies of CPM schedules shall be submitted both in the native schedule format and in "PDF" format. The Contractor shall also provide two printed copies of the CPM Schedule and all reports. Each schedule submittal shall be appropriately labeled as a Preliminary Schedule, Baseline Schedule, Project Schedule Update, or Schedule Revision. The title bar shall include the CDOT project number, subaccount, project name, contractor name, schedule data date. If an originally submitted schedule is revised during review, the title bar shall also include a revision number (REVI, REV2, etc.) and revision date. (d) Preliminary Schedule. Within 14 days of award of the Contract, the Contractor may submit a Preliminary Schedule showing all planned activities from the Notice to Proceed through the first 60 days of the project. If the Contractor elects not to submit a Preliminary Schedule, then the Contractor shall submit a complete Baseline Schedule within 14 days of award of the Contract, which will be subject to all requirements of a Baseline submittal. The Preliminary Schedule shall not show any progress and it will be approved by the Engineer before work can commence. The Preliminary Schedule shall be used as the basis for the Baseline Schedule. July 31, 2014 • 5 REVISION OF SECTION 108 PROJECT SCHEDULE (e) Baseline Schedule. If the Contractor elects to submit a Preliminary Schedule, within 45 days of the award of Contract, the Contractor shall submit a Baseline Schedule that includes all work activities completed within Contract Time. The Contractor shall not show progress in the Baseline Schedule. Further partial payments will not be made beyond 60 days after the start of Contract Time unless the Baseline Schedule is approved. When approved, the Baseline Schedule shall become the Project Schedule. The Contractor shall use all information known by the Contractor at the time of bid submittal to develop the Baseline Schedule. If the Contractor elects to submit a Baseline Schedule in lieu of a Preliminary Schedule, the Baseline Schedule shall be approved before work can commence. (f) Methods Statements. The Contractor shall submit a Methods Statement for each salient feature or as directed by the Engineer that describes all work necessary to complete the feature. The Contractor shall include the following information in the Methods Statement: (1) Salient feature name; (2) Responsibility for the salient feature work; (3) Planned work procedures; (4) The planned quantity of work per day for each salient feature using the same units of measure as the applicable pay item; (5) The anticipated labor force by labor type; (6) The number, types, and capacities of equipment planned for the work; • (7) The planned time for the work including the number of work days per week, number of shifts per day, and the number of hours per shift. (g) Project Schedule Update. The Contractor shall submit a monthly update of the Project Schedule updated through the cut-off date for the monthly progress pay estimate, and a projection for completing all remaining activities. A schedule update may show a completion date that is different than the Contract completion date, after the baseline schedule is approved. Approval of this schedule shall not relieve the Contractor of its obligation to complete the work within the Contract Time. In this case, the contractor shall provide an explanation for a late scheduled completion date in the Job Progress Narrative Report included with the schedule submittal. When approved, the Project Schedule Update will become the Project Schedule. The Engineer will not issue a monthly progress payment if the Engineer has not received the Project Schedule Update. The Engineer will not make monthly progress payments for the months following the Project Schedule Update submission until the Engineer approves the Project Schedule Update. When the project has a maintenance or landscape establishment period, the Engineer may waive the monthly update requirement. The Contractor shall submit a final Project Schedule Update that shows all work through the final acceptance date. (h) Weekly Planning Schedule. The Contractor shall submit, in writing, a Weekly Planning Schedule that shows the Contractor's and all Subcontractor's planned activities for a minimum of two weeks immediately following the date of submittal and actual days worked versus planned for the week prior to the date of submittal. This schedule shall include the description, duration and sequence of work activities and anticipated lane closures for the upcoming two weeks. The Weekly Planning Schedule may be a time -scaled logic diagram or other standard format as approved by the Engineer. subsection 108.03(c) Schedule Submittal • requirements for reports do not apply to the Weekly Planning Schedule. (i) Schedule Revision. A Schedule Revision is required in the event of any major change to the work. Examples of major changes are: July 31, 2014 REVISION OF SECTION 108 PROJECT SCHEDULE (1) Significant changes in logic or methods of construction or changes to the critical path; (2) Addition, deletion, or revision of activities required by contract modification order; (3) Approval of a Contractor submitted Value Engineering Change Proposal; (4) Delays in milestones or project completion; (5) Phasing revisions, or; (6) If the Engineer determines that the schedule does not reflect the actual work. This revision shall include a description of the measures necessary to achieve completion of the work within the Contract Time. The Contractor may also need to submit revised Methods Statements. The Contractor shall provide a Schedule Revision within 10 days of written notification and shall include the diagrams and reports as described in subsection 108.03 (b) Schedule - General and (c) Schedule Submittals. In this case, the Contractor shall provide an explanation for a late scheduled completion date in the Job Progress Narrative Report included with the schedule. Once approved, the Schedule Revision becomes the Project Schedule. Q) Payment. All costs relating to the requirements of this subsection will not be paid for separately, but shall be included in the work. • 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 a single subcontract. • 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. • ADDENDUM 1 - REVISED BID SCHEDULE 8202 ARTHUR DITCH BRIDGE REPLACEMENT - OLIVE & LOOMIS INTERSECTION ITEM NO. SECTION NUMBER CONTRACT ITEM UNIT PLAN UNIT COST TOTAL COST 1 201 Clearing and Grubbing LS 1 $3,500.00 $ 3,500.00 2 202 Removal of Portions of Structures (RCB) LF 262 $99.00 $ 25,938.00 3 202 Removal of Inlet EACH 4 $480.00 $ 1,920.00 4 202 Removal of Curb and Gutter LF 706 $4.00 $ 2,824.00 5 202 Removal of Concrete (4"-8") SY 161 $16.30 $ 2,624.30 6 202 Removal of Asphalt Mat (6'-9") SY 2,651 $6.20 $ 16,436.20 7 202 Removal of Asphalt Mat (Planing) (less than 3") SY 1,346 $3.15 $ 4,239.90 8 202 Removal of Sandstone Sidewalk SY 24 $36.30 $ 871.20 9 202 Removal of Tree EACH 1 $2,110.00 $ 2,110.00 10 202 Remove 6" Waterline LF 80 $24.00 $ 1.920.00 11 203 Potholing HOUR 16 $204.00 $ 3,264.00 12 203 Unclassified Excavation CY 808 $21.30 $ 17,210.40 13 203 Embankment CY 322 $19.00 $ 6,118.00 14 203 Muck Excavation CY 100 $16.50 $ 1.650.00 15 203 Borrow CY 100 $63.40 $ 6,340.00 16 206 Structure Excavation CY 1,384 $14.90 $ 20,621.60 17 206 Structural Backfill (Class 1) CY 335 $80.10 $ 26,833.50 18 206 Filter Material (Class A) CY 125 $68.50 $ 8,562.50 19 208 Erosion Control Supervisor FIR 40 $55.10 $ 2,204.00 20 208 Aggregate Bags LF 86 $9.20 $ 791.20 21 208 Stabilized Construction Entrance EACH 1 $530.00 $ 530.00 22 208 Concrete Washout Structure EACH 1 $1,590.00 $ 1,590.00 23 208 Storm Drain Inlet Protection (Type II) EACH 6 $360.00 $ 2,160.00 24 210 Reset Dimple Concrete Sidewalk SY 4 $416.00 $ 1,664.00 25 210 Adjust Manhole EACH 2 $911.00 $ 1,822.00 26 210 Adjust Valve Box EACH 2 $584.00 $ 1,168.00 October 31, 2013 REVISION OF SECTION 108 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. • 11 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. 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 17`h paragraph and replace it with the following: Vehicles used to haul material being paid for by weight shall bear a plainly legible identification mark. Each of these vehicles shall be weighed empty daily at times directed by the Engineer. The Contractor shall furnish to the Engineer, in writing, a vehicle identification sheet that lists the following for each delivery vehicle to be used on the project: (1) identification mark (2) vehicle length (3) tare weight (4) number of axles (5) the distance between extreme axles (6) information related to legal weight, including the Permit No. and permitted weight of each vehicle for which the State has issued an overweight permit. This information shall be furnished prior to time of delivery of the material and at any subsequent time the Contractor changes vehicles, combination vehicles, axle length relationships, or overweight permitting of vehicles. 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. • 0 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. 2. 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 f 2 percent of Optimum Moisture Content (OMC) as determined by AASTHO T 99. Soils having greater than 35 percent passing the 75 µm (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. 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 July 19, 2012 • REVISION OF SECTIONS 203, 206, 304 AND 613 COMPACTION 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 t 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 f 2percent of Optimum Moisture Content (OMC). Materials having greater than 35 percent passing the 75 µm (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 +/-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 156'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 f 2percent of Optimum Moisture Content (OMC). Materials having greater than 35 percent passing the 75 µm (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. 0 July 29, 2011 REVISION OF SECTIONS 206 AND 601 BACKFILLING STRUCTURES THAT SUPPORT LATERAL EARTH PRESSURES Sections 206 and 601 of the Standard Specifications are hereby revised for this project as follows In subsection 206.03, delete the ninth paragraph and replace with the following: Backfill material shall not be deposited against newly constructed masonry or concrete structures, until the concrete has developed a compressive strength of 0.8 f c, except in cases where the structures support lateral earth pressure. Concrete compressive strength for structures supporting lateral earth pressure shall conform to subsection 601.12 (o). Subsection 601.12 shall include the following: (o) Baclflling Structures that Support Lateral Earth Pressure. Concrete compressive strengths shall reach fc before backfilling operations can begin with heavy equipment, such as skid -steers or self -powered riding compactors. Concrete compressive strengths shall reach 0.8 fc before backfilling operations can begin with hand operated equipment. r� U • r U 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) (pounds perfoot 6- 6 10 10 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 Tensile Strength 90 lbs. min. ASTM D4b _a Trapezoid Tcar Strength 25 lbs. min. ASTM D 4533 Mullen Burst 300 psi < ASTM D Ultraviolet Resistance 70% ASTM D 4355 Subsection 208.12 shall include the following: Pay Item Pay Unit Aggregate Bags Linear Foot 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 min (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 Min. Length (feet) Max. Weight (minimum) (pounds/foot) Stake Dimensions Inches 1.5 by 1.5 (nominal) 9 inch 10 1 180 - by 18 12 inch 10 180 2.5 1.5 by 1.5(nominal) by 24 20 inch 100 4.0 2 by 2 (nominal) A by 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. 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 he 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. 0 (8) Submit 10-day Notification of Planned Asbestos Management. i C J 27 212 Tree Retention and Protection (Loomis Ave) EACH 1 $707.00 $ 707.00 28 214 Landscaping and Irrigation (NW corner) LS 1 $2.780.00 $ 2,780.00 29 214 Landscaping and Irrigation (NE corner) LS 1 $17.200.00 $ 17,200.00 30 214 Landscaping and Irrigation (SW corner) LS 1 $3,670.00 $ 3,670.00 31 214 Landscaping and Irrigation (SE corner) LS 1 $2,780.00 $ 2,780.00 32 214 Landscape Establishment/Maintanence (1 year) LS 1 $5.550.00 $ 5,560.00 33 214 Sensation Maple Tree, 3" Caliper EACH 1 $812.00 $ 812.00 34 304 Aggregate Base Course (Class 6) TON 935 $29.70 $ 27,769.50 35 403 Hot Mix Asphalt (Grading S) (75) (PG 64-22) TON 958 $76.80 $ 73,574.40 36 601 Concrete Class D (RCB) CY 498 $391.00 $ 194,718.00 37 602 Reinforcing Steel (Epoxy) LB 157,403 $1.25 $ 196,753.75 38 603 15 Inch Reinforced Concrete Pipe (CIP) (CLASS III) LF 8 $339.00 $ 2,712.00 39 604 Inlet Special (3' Combination) EACH 4 $3,880.00 $ 15,520.00 40 604 Manhole Ring & Cover (30-Inch) EACH 2 $998.00 $ 1,996.00 41 604 Manhole Ring & Cover (36-Inch) EACH 2 $1.500,00 $ 3,000.00 42 607 Fence (Plastic) LF 509 $2.00 $ 1,018.00 43 607 Fence (Chain Link) (Temporary) LF 1.460 $1.70 $ 2,482.00 44 608 Concrete Driveways (6-Inch) SY 139 $60.00 $ 8,340.00 45 608 Concrete Sidewalk (6-Inch) SY 150 $58.40 $ 8,760.00 46 608 Concrete Curb Ramp SY 73 $70.00 $ 5,110.00 47 609 Curb Type 2 (Section B) LF 68 $15.60 $ 1,060.80 48 609 Curb and Gutter (Infall) LF 852 $16.10 $ 13,717.20 49 619 6" PVC C900 DR 18 LF 80 $169.00 $ 13,520.00 50 619 6" Gate Valve EACH 1 $2,160.00 $ 2,160.00 51 619 6" 45' Bends EACH 2 $1,070.00 $ 2,140.00 52 619 14" Steel Casing with 3/8" wall LF 40 $156.00 $ 6,240.00 53 619 6" Solid Sleeve EACH 2 $1,050.00 $ 2,100.00 54 620 Sanitary Facility EACH 1 $1,200.00 $ 1,200.00 55 626 Mobilization LS 1 $80,900.00 $ 80,900.00 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 °F, 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 °F, 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: HMA 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. 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. REVISION OF SECTION 401 July 19, 2012 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. • 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 °F cooler than other material across the width may be marked for density testing. Material for temperature comparison will be evaluated in 3-foot intervals behind the paver across the width of the mat. The material shall be marked and tested in accordance with CP 58. 1f 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. • May 2, 2013 REVISION OF SECTIONS 401 AND 412 SAFETY EDGE Sections 401 and 412 of the Standard Specifications are hereby revised for this project as follows: Subsection 401.10 shall include the following: The paver shall include an approved longitudinal paver wedge system to create a sloped safety edge as shown on the plans. The wedge system shall be attached to the screed and shall compact the HMA to a density at least as dense as the compaction imparted to the rest of the HMA layer by the paving screed. The system shall provide a sloped Safety Edge equal to 32 degrees plus or minus 5 degrees measured from the pavement surface cross slope extended. The use of a single plate strike off is not permitted. The system shall be adjustable to accommodate varying paving thicknesses. The Engineer may allow the Contractor to use handwork for short sections or to saw cut the sloped Safety Edge after paving operations are completed in areas such as transitions at driveways, intersections, interchanges. The Contractor shall submit the proposed system for approval at the Preconstruction Conference. The Engineer may require proof that the system has been used on previous projects with acceptable results or may require a test section constructed prior to the beginning of work to demonstrate that it creates an acceptable wedge shape and compaction. Paving shall not begin until the system is approved in writing by the Engineer. The Safety Edge may be constructed on each lift of HMA or on the full specified plan depth on the final lift. The finished shape of the Safety Edge shall extend for the full depth of the asphalt pavement or for the top 5 inches whichever is less. • Subsection 401.22 shall include the following: All costs associated with the construction of the Safety Edge will not be paid for separately, but shall be included in the work Subsection 412.07 shall include the following: The Contractor shall use an approved longitudinal paver wedge system to create a sloped Safety Edge. The Contractor shall modify the paver screed to create a Safety Edge that meets the final cross-section shown on the plans. The system shall provide a sloped Safety Edge equal to 32 degrees plus or minus 5 degrees measured from the pavement surface cross slope extended. There may be areas where it is not possible to place the Safety Edge in conjunction with mainline paving but where the Safety Edge is required, such as transitions at driveways, intersections, interchanges, etc. In these areas the Engineer may allow the Contractor to use handwork for short sections or to saw cut the sloped Safety Edge after paving operations are completed. The Contractor shall submit the proposed system for approval at the Preconstruction Conference. The Engineer may require proof that the system has been used on previous projects with acceptable results or may require a test section constructed prior to the beginning of work to demonstrate that it creates an acceptable wedge shape. Paving shall not begin until the system is approved in writing by the Engineer. The finished shape of the Safety Edge shall extend for the full depth of the concrete pavement or for the top 5 inches whichever is less. 0 May 2, 2013 REVISION OF SECTIONS 401 AND 412 SAFETY EDGE Subsection 412.23 shall include the following: Concrete Safety Edge will be measured by the actual number of linear feet that are installed and accepted. Subsection 412.24 shall include the following: Pay Item Pay Unit Concrete Safety Edge Linear Foot Payment for concrete safety edge will be full compensation for all work and materials required to complete the item. 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 I 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: Burlap Cloth made from Jute or Kenaf AASHTO M 182 Liquid Membrane -Forming Compounds for Curing Concrete ASTM C 309 Sheet Materials for Curing Concrete AASHTO M 171* *Only the performance requirements of AASHTO M171 shall apply. \J 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. 0 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. • February 3, 2011 REVISION OF SECTIONS 601 CONCRETE FINISHING Section 601of 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. 0 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, 0.80f c. 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 0.80f'c. 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. 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 concrete is found to have the required compressive strength. • REVISION OF SECTION 601 CONCRETE FORM AND FALSEWORK REMOVAL 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: (e) Falsework Removal. Unless specified in the plans or specifications, falsework shall remain in place until concrete has attained a minimum compressive strength of 0.80f c. 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 0.80f c. 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 0.80f'c. 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 0.80f c. 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 0.80f c. Girders shall not be erected onto such pier caps until the concrete in the cap has attained the compressive strength of at least 0.80f c. 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 she 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 56 630 Flagging HR 80 $20.00 $ 1,600.00 57 630 Barricade (Type 3 M-A)(10')(Temporary) EACH 24 $167.00 $ 4,008.00 58 630 Construction Traffic Sign (Panel Size B) EACH 24 $94.50 $ 2,268.00 59 630 Traffic Control Management DAY 10 $389.00 $ 3,890.00 60 630 Traffic Control Inspection DAY 82 $88.90 $ 7,289.80 FORCEACCOUNT 61 700 F/A Landscape FA 1 $5,000.00 $ 5,000.00 62 700 F/A Erosion Control FA 1 $2,500.00 $ 2,500.00 TOTAL BASE BID $ 889,769.25 IN WORDS: Eight Hundred Eighty Nine Thousand Seven Hundred Sixty Nine Dollars and Twenty Five Cents REVISION OF SECTION 601 CONCRETE FORM AND FALSEWORK REMOVAL 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 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. • 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. • 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 Deviations Below Below From Pay Specified Pay Specified Specified Factor Strength (psi) Factor Strength (psi) Air (Percent) < 4500 psi (Percent) [ > 4500 psi (Percent) Concretel Concrete 0.0-0.2 98 1-100 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 84 301-400 0.9-1.0 75 401-500 75.. 401-500 Over 1.0 Reiect Over 500 Reject 65 501-600 54 601-700 42 701-800 29 801-900 15 901-1000 Reject Over 1000 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 RF,TRORF.FLECTIVE SHEETING TYPES Type VI Sheeting Type IV (Roll -up sign material) Type Fluorescent' Application Work Zone Work Zone Work Zone Orange ConstructionX T ns Orange Construction Signs that are used only during X4 X daytime hours for short term or mobile operations Barricades (Temporary) X X Vertical Panels X X Flaggers Stop/Slow Paddle X X Drums2 X X Non -orange Fixed Support X signs with prefix "W' Special Warning Signs X STOP sign (R1-1) YIELD sign (R1-2) WRONG WAY sign (R5-1a) X DO NOT ENTER sign (R5-1) EXIT sign (E5-1 a) DETOUR sign (M4-9) or X (M4-10) All other fixed support signs$ X X All other signs used only X X during working hours All other signs that are used only during daytime hours for X X5 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. 4 IRS 24 only. 6 White only. 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. C� October 31, 2013 REVISION OF SECTION 703 AGGREGATE FOR BASES (WITHOUT RAP) Section 703 of the Standard Specifications is hereby revised for this project as follows: In subsection 703.03, delete the first paragraph and replace with the following: 703.03 Aggregate for Bases. Aggregates for bases except Aggregate Base Course (RAP) shall be crushed stone, crushed slag, crushed gravel, natural gravel, or crushed reclaimed concrete. Aggregate Base Course (RAP) shall be 100 percent crushed recycled asphalt pavement material. 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 µm (No. 200) sieve fraction to the minus 425 µm (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. C� November 1, 2012 REVISION OF SECTION 703 AGGREGATES 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 Grading SF" Grading ST Grading SX S Grading SG 37.5 mm 100 (1,�z,) 25.0 mm (1 ") 100 90 — 100 19.0 mm ('/<") 100 90 — 100 12.5 mm ('/z") 100 90 — 100 ` 9.5 mm (%") 100 90 — 100 4.75 mm (#4) 90 — 100 2.36 mm (#8) 28 — 58 28 — 58 23 — 49 19 — 45 1.18 mm (#16) 30 — 54 600 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. REVISION OF SECTION 703 AGGREGATES FOR HOT MIX ASPHALT 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 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 ('/z 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 7034A 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 ombined Aggregate (Mix Design) 18 Combined Aggregate (1/10,000 tons, or fraction thereof during production) 20 • • • 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. February 3, 2011 REVISION OF SECTION 712 WATER FOR MIXING OR CURING CONCRETE Section 712 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 712.01 and replace it with the following: 712.01 Water. Water used in mixing or curing concrete shall be reasonably clean and free of oil, salt, acid, alkali, sugar, vegetation, or other substance injurious to the finished product. Concrete mixing water shall meet the requirements of ASTM C 1602. The Contractor shall perform and submit tests to the Engineer at the frequencies listed in ASTM C1602. Potable water maybe 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. • February 3, 2011 1 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY • 0 A. AFFIRMATIVE ACTION REQUIREMENTS Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area are as follows: Goals and Timetable for Minoritv Utilization Article III. Timetable - Until Further Notice Economic Standard Metropolitan Counties Goal Area Statistical Area SMSA Involved 157 2080 Denver -Boulder Adams, Arapahoe, Boulder, Denver, (Denver) Douglas, Gilpin, Jefferson ................... 13.8% 2670 Fort Collins Larimer................................................ 6.9% 3060 Greeley Weld .................................................... 13.1% Non SMSA Counties Cheyenne, Clear Creek, Elbert, Grand, Kit Carson, Logan, Morgan, Park, Phillips, Sedgwick, Summit, Washington & Yuma ............................ 12.8% 158 1720 Colorado Springs El Paso, Teller ..................................... 10.9% (Colo. Spgs. - 6560 Pueblo Pueblo ................................................. 27.5% Pueblo) Non SMSA Counties Alamosa, Baca, Bent, Chaffee, Conejos, Costilla, Crowley, Custer, Fremont, Huerfano, Kiowa, Lake, Las Animas, Lincoln, Mineral, Otero, Prowers, Rio Grande, Sa uache........ 19.0% 159 Non SMSA Archuleta, Delta, Dolores, Eagle, (Grand Junction) Garfield, Gunnison, Hinsdale, La Plata, Mesa, Moffat, Montezuma, Montrose, Ouray, Pitkin, Rio Blanco, Routt, San Juan, San Miguel 10.2% 156 (Cheyenne - Non SMSA Jackson County, Colorado .................. 7.5% Casper WY) GOALS AND TIMETABLES FOR FEMALE UTILIZATION UntilFurther Notice......................................................................................................................6.9% — Statewide 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. ```11111111/ OURCE� qAVI:QoaArt W;0 f It O z .04i COS /111111%0% C i RESPECTFULLY SUBMITTED: Connell Resources, Inc. CONTRACTOR 4 � BY: (jSj _' � J 't --- William S Anderson Printed Vice President of Estimating Title License Number (If Applicable) 12-10-15 Date �. Attest: _ , � ,1,1,c . Sheri C Welch, Secretary Address 7785 Highland Meadows Pkwy. Suite 100 Fort Collins, CO 80528 Telephone 970-223-3151 Email rtremble@connellresources.com February 3, 2011 2 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non -federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts meet the goals established for the geographical area where the contract resulting form this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Par 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this specification, and in the contract resulting from this solicitation, the "covered area" is the county or counties shown on the Invitation for Bids and on the plans. In cases where the work is in two or more counties covered by differing percentage goals, the highest percentage will govern. B. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 1. As used in these Specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes; February 3, 2011 • 3 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in • each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractor toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered Construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any office of Federal Contract Compliance Programs Office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, 0 February 3, 2011 4 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following; a. Ensure and maintain a working environment free of harassment, intimidation , and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its union have employment opportunities available, and maintain a record of the organization's responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off - the -street applicant and minority or female referral from a union, a recruitment source of community organization and of what action was taken with respect to each individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when he Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc., by specific review of the policy with all management personnel and with all minority and female employees at least once a year, and by posting the Contractor's EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. . February 3, 2011 5 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY g. Review, at least annually, the Contractor's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foreman, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female • youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc. such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and Contractor's activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligation. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of • their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor - union contractor -community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these February 3, 2011 6 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goal and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even thought the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13 The Contractor in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form, however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). • February 3, 2011 7 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY C. SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES. 1. General. a. Equal employment opportunity requirements not to discriminate and to take affirmative action to assure equal employment opportunity as required by Executive Order 11246 and Executive Order 11375 are set forth in Required Contract. Provisions (Form FHWA 1273 or 1316, as appropriate) and these Special Provisions which are imposed pursuant to Section 140 of Title 23, U.S.C., as established by Section 22 of the Federal -Aid highway Act of 1968. The requirements set forth in these Special Provisions shall constitute the specific affirmative action requirements for project activities under this contract and supplement the equal employment opportunity requirements set forth in the Required Contract provisions. b. The Contractor will work with the State highway agencies and the Federal Government in carrying out equal employment opportunity obligations and in their review of his/her activities under the contract. c. The Contractor and all his/her subcontractors holding subcontracts not including material suppliers, of $10,000 or more, will comply with the following minimum specific requirement activities of equal employment opportunity: (The equal employment opportunity requirements of Executive Order 11246, as set forth in Volume 6, Chapter 4, Section 1, Subsection 1 of the Federal -Aid Highway • Program Manual, are applicable to material suppliers as well as contractors and subcontractors.) The Contractor will include these requirements in every subcontract of $10,000 or more with such modification of language as is necessary to make them binding on the subcontractor. 2. Equal Employment Opportunity Policy. The Contractor will accept as his operating policy the following statement which is designed to further the provision of equal employment opportunity to all persons without regard to their race, color, religion, sex, or national origin, and to promote the full realization of equal employment opportunity through a positive continuing program; It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, or national origin. Such action shall include; employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training. 3. Equal Employment Opportunity Officer. The Contractor will designate and make known to the State highway agency contracting officers and equal employment opportunity officer (herein after referred to as the EEO Officer) who will have the responsibility for an must be capable of effectively administering and promoting an active contractor program of equal employment opportunity and who must be assigned adequate authority and responsibility to do so. 4. Dissemination of Policy. a. All members of the Contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the Contractor's equal employment opportunity policy • and contractual responsibilities to provide equal employment opportunity in each grade and February 3, 2011 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum; (1) Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the Contractor's equal employment opportunity policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. (2) All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer or other knowledgeable company official, covering all major aspects of the Contractor's equal employment opportunity obligations within thirty days following their reporting for duty with the Contractor. (3) All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer or appropriate company official in the Contractor's procedures for locating and hiring minority group employees. b. In order to make the Contractor's equal employment opportunity policy known to all employees, prospective employees and potential sources of employees, i.e., schools, employment agencies, labor unions (where appropriate), college placement officers, etc., the Contractor will take the following actions: (1) Notices and posters setting forth the Contractor's equal employment opportunity policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. (2) The Contractor's equal employment opportunity policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 5. Recruitment. a. When advertising for employees, the Contractor will include in all advertisements for employees the notation; "An Equal Opportunity Employer." All such advertisements will be published in newspapers or other publications having a large circulation among minority groups in the area from which the project work force would normally be derived. b. The Contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants, including, but not limited to, State employment agencies, schools, colleges and minority group organizations. To meet this requirement, the Contractor will, through his EEO Officer, identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the Contractor for employment consideration. In the event the Contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the Contractor's compliance with equal employment opportunity contract provisions. (The U.S. Department of Labor has held that where implementation of such agreements have the effect • February 3, 2011 9 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY of discriminating against minorities or women, or obligates the Contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The Contractor will encourage his present employees to refer minority group applicants for employment by posting appropriate notices or bulletins in areas accessible to all such employees. In addition, information and procedures with regard to referring minority group applicants will be discussed with employees. '6. Personnel Actions. Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, or national origin. The following procedures shall be followed; a. The Contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The Contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The Contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the Contractor will promptly take • corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The Contract will promptly investigate all complaints of alleged discrimination made to the Contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the Contractor will inform every complainant of all of his avenues of appeal. 7. Training and Promotion. a. The Contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the Contractor's work force requirements and as permissible under Federal and State regulations, the Contractor shall make full use of training programs, i.e., apprenticeship, and on- the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. c. The Contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The Contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. February 3, 2011 10 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 8. Unions. If the Contractor relies in whole or in part upon unions as a source of employees, the Contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women with the unions, and to effect referrals by such unions of minority and female employees. Actions by the Contractor either directly or thorough a contractor's association acting as agent will include the procedures set forth below: a. The Contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The Contractor will use best efforts to incorporate an equal employment opportunity clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, or national origin. c. The Contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the Contractor, the Contractor shall so certify to the State highway department and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the Contractor with a reasonable flow of minority and women referrals within he time limit set forth in the collective bargaining agreement, the Contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion , sex or national origin; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The U.S. Department of Labor has held that it shall be no excuse that the union with which the Contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the Contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such Contractor shall immediately notify the State highway agency. 9. Subcontracting. a. The Contractor will use his best efforts to solicit bids from and to utilize minority group subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of minority -owned construction firms from State highway agency personnel. b. The Contractor will use his best efforts to ensure subcontractor compliance with their equal employment opportunity obligations. 10. Records and Reports. a. The Contractor will keep such records as are necessary to determine compliance with the Contractor's equal employment opportunity obligations. The records kept by the Contractor will be designed to indicate: r� u February 3, 2011 11 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY (1) The number of minority and nonminority group members and women employed in each work classification on the project. (2) The Progress and efforts being made in cooperation with unions to increase employment opportunities for minorities and women (applicable only to contractors who rely in whole or in part on unions as a source of their work force). (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees, and (4) The progress and efforts being made in securing the services of minority group subcontractors or subcontractors with meaningful minority and female representation among their employees. b. All such records must be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the State highway agency and the Federal Highway Administration. • c. The Contractors will submit an annual report to the State highway agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form PR 1391. 0 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors • SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned Connell Resources, Inc. Travelers Casualty and Surety as Principal, and Company orAmerica as Surety, are hereby held and firmly Five Percent ((5%) of the bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ total amount bid for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 8202 Arthur Ditch Bridge Replacement - Olive & Loomis Intersection. NOW THEREFORE, (a) If said Bid shall be rejected, or • (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. 0 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of December 10 , 2015 , and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL Name: Connell Resources, Inc. Address:7785 Highland Meadows Parkway 9100 Fort Collins, CO 80528 Title: William S Anderson Vice President ATTEST: Sheri C/ /Welch, Secretary By:�� (SEAL) 0%IIIII/I, OURC ` Q.: • 90R'� QTlo'.. Z -U, :n- S 'p . 11/11110 SURETY Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 By: Darlene Krings Title: Attomey-in-Fact (SEAL) ,�� POWER OF ATTORNEY TRAVELERSJ 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 States Fidelity and Guaranty Company St. Paul Guardian insurance Company Attorney -In Fact No. 229441 Certificate No. 006393832 KNOW ALI, 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, Kelly T. Urwiller, Diane F. Clementson, Anthony P. Stimac, Royal R. Lovell, Russell D. Lear, Katherine E. Dill, K'Anne E. Vogel, Steve J. Blohm, Wesley J. Butorac, Dulce R. Huggins, and Sandra L. Schifferns of the City of Greeley , State of Colorado , their true and lawful Attorney(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 contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 22nd day of May 2015 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 United States Fidelity and Guaranty Company pI.6U�a , J\i1P[ y � p�\�.�NSG9 Jp+.;xdYA�M1 ',1µfY .wia` 001%_BR State of Connecticut City of Hartford as. By: 4,441 Robert L. Raney, kenior Vice President On this the 22nd day of May 2015 , 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 Casually 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/ In Witness Whereof, I hereunto set my hand and official seal. W wk C . My Commission expires the 30th day of June, 2016. * pUBU� * Marie C. Tetreault. Notary Public 58440-8-12 Printed in U.S.A. OF THE RED BORDER L_J s • EXHIBIT 1 — REVISED BID SCHEDULE ITEM NO, SECTION NUMBER CONTRACT ITEM UNIT PLAN UNIT COST TOTAL COST 1 201 Clearing and Grubbing LS 1 $ 2 202 Removal of Portions of Structures (RCB) LF 262 $ 3 202 Removal of Inlet EACH 4 $ 4 202 Removal of Curb and Gutter LF 706 $ 5 202 Removal of Concrete (4"-8") SY 161 $ 6 202 Removal of Asphalt Mat (6"-9") SY 2,651 $ 7 202 Removal of Asphalt Mat (Planing) (less than 3") SY 1,346 $ 8 202 Removal of Sandstone Sidewalk SY 24 $ 9 202 Removal of Tree EACH 1 $ 10 202 Remove 6" Waterline LF 80 $ 11 203 Potholing HOUR 16 $ 12 203 Unclassified Excavation CY 808 $ 13 203 Embankment CY 322 $ 14 203 Muck Excavation CY 100 $ 15 203 Borrow CY 100 $ - 16 206 Structure Excavation CY 1,384 $ - 17 206 Structural Backfill (Class 1) CY 335 $ - 18 206 Filter Material (Class A) CY 125 $ - 19 208 Erosion Control Supervisor HR 40 $ - 20 208 Aggregate Bags LF 86 $ - 21 208 Stabilized Construction Entrance EACH 1 $ - 22 208 Concrete Washout Structure EACH 1 $ - 23 208 Storm Drain Inlet Protection (Type II) EACH 6 $ - Addendum 1 8202 Arthur Ditch Bridge Replacement — Olive & Loomis Intersection Page 2 of 6 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, whicb 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 Attorneys -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 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 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 Attorneys -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 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. I, 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 true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seats of said Companies this I Oth day of e e emb e1 , 20 —15 G-H- Kevin E. Hughes, Assistant Sec tary p1:6uq tlar a �a+. IMSp x ,xauq oPar �xo V; O 1 D b n � I ! °PVOP.t �•f C, qT ':Cq. ° � � � Vy °z6o ys7% Iroi - s u' -. rtm i„'°PPOP rin 1 aunrono, enarw�§ 2 r"m iau�. c wO ttg r `�a � .� 'h'R� yr4 f N•�; jar _ YP....... it '? ! � V� ",/ ,ttrt 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. THIS POWER OF ATTORNEY IS INVALID WITHOUT 0 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. Name of Bidder: Connell Resources, Inc. 2. Permanent main office address: 7785 Highland Meadows Pkwy. Suite 100 Fort Collins, CO 80528 3. When organized: 1 4. If a corporation, where incorporated: Colorado 5. How many years have you been engaged in the contracting business under your present firm or trade name? 33 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: Earthwork sanitary sewer, waterline storm drain concrete structures, aggregate base, asphalt paving 8. Have you, or a firm for which you were a principal, ever failed to complete any Work awarded to you? If so, where and why? • 9. Have you, or a firm for which you were a principal, ever defaulted on a contract? No If so, where and why? 10. Are you, or a firm for which you were a principal, 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 see attached work in progress. 12. List your major equipment available for this contract. Please see attached equipment list. 13. Experience in construction Work similar in importance to this project: Please see attached project profiles. 14. Background and experience of the principal members of your organization, including officers: Please see attached resumes • 15. Credit available: $ 4.0 Million 16. Bank Reference: 17, Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? Upon award of contract and request 18. Are you licensed as a General Contractor? As Necessary 20. If yes, in what city, county and state? What class, license and numbers? Do you anticipate subcontracting Work under this Contract? Yes If yes, what percent of total contract? Please see attached subcontractor listing. And to whom? Please see attached subcontractor Are any lawsuits pending against you or your firm at this time? No IF yes, DETAIL 21. The City of Fort Collins requires General Liability coverage of $1,000,000 and Automotive Liability of $1,000,000. Can you meet these requirements? Yes What company is your insurance carrier? Travelers Casualty & Surely of America 22. What are your company's bonding limitations? $15 million/project, no aggregate limit 0 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. Dated at Fort Collins, CO this 10 day of December , 20 15 Printed: William S Anderson Title: Vice President State of Colorado County of Larimer William S Anderson being duly sworn deposes and says that he is Vice President of Connell Resources, Inc. (Name) (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 10 ERR My commission expires: 2-1.-[% day of December 20 15 JEN INDBLAD NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20004029D48 MY COMMISSION EXPIRES FEB 21. 2018 CONNELL RESOURCES, ING UPDATED AS OF 713JI15 • SCHEDULE OF MAJOR 2015 COMPLETED WORK & WORK-TN-PROORESS CONMCT PERCENT JOB NAME OWNER CONTRACT TO TYPE OF WORK AMOUNT JOB COMPLETE LOG47YON CONTACT COMPLETE STORM, WKI-ERLTNE, BASE $973,602 2151001 95% ARTHUR DITCH BRIDGE OAK & WHITCOMF CITY OF FORT COLLINS S 43.680 REMOVALS, PAVING FORT COLLINS WATERLINE, REMOVALS $98,740 2151002 100% NORTH SHIELDS METER PIT EAST LARIMER CO WATER $ - FORT COLLINS RANDY SIDDP.NS PAVING $141,073 2151007 100% RESURRECTIONFELLOWSHW RESURRECTION FELLOWSHIP S - LOVELAND RANDY MIROWSKI PAVING, REMOVALS $169,460 21510D8 93% CSU WESTFALL PARKING LOT REPAIRS COLORADO STATE UNIVERSITY $ 11,862 FORTCOLLINS DOUG MAYHEY PAVING. BASE S165,000 2151009 100% WINDSOR CHARTER ACADEMY ROCHE• CONSTRUCTORS S - WINDSOR GREG LOCKWOOD PAVING $219,763 2151010 100% CSU HOUSING PARHING LOT REPAIRS COLORADO STATE UNIVERSITY S FORTCOLLINS PETE CLUETT PAVING $69,502 201011 [DO% LARIMER COUNTY FOOD BANK LARIMER COUNTY FOOD BANK S - FORT COLLINS CHUCK OIL PAVING $103,703 2151013 86% RESURRECTION FELLOWSHIP PAVING FRANSEN PITTMAN CONSTRUCTION S 14,518 L.OVELAND JUSTIN CLARK UITLITE.S, BASE, PAVING S284,612 2151014 360% UCH HARMONY CAMPUS GEJOHNSON S 182.152 FORTCOLLINS DAVE EAGLE PAVING, BASE S175,677 2131015 2% AGOIE VILLAGE PCL CONSTRUC ION S 172,163 FORTCOLLINS BRYANSAKUOKA BASE, PAVING $97.494 2151016 100% RIVERSIDE SOLAR FARM NORTHERN ENERGY &POWER, LLC S • FORTCOLLINS BRAD BARKEY BASE, GRADING $107,250 2151017 100% BH EATON DITCH FLOOD GATE THE TOWN OF WINDSOR S WINDSOR OMAR HERRERA GRADING S63,771 2151019 62% WEST VINE TRAIL GRADING CITY OF FORT COLLINS S 24,233 FORT COLLINS CRAIG KISLJNG STORM, WATERLINE, BASE, $318,780 21SL019 58% BOYD LAKE -HORSESHOE OUTLET PH 2 MOLTZ CONSTRUCTION S 133,988 REMOVALS, GRADING, PAVING LOVELAND THOMAS MOLTZ BASE PAVING, GRADING S282,783 2151020 37% AIMS COMMUNITY COLLEGE GOLDEN TRIANGLF CONSTRUCTION, INC S 178,153 WINDSOR NICOLE BUSHER STORM. REMOVALS, OFADING, $3.269,452 7151022 64% CSU RESEARCH DR PARKING LOT COLORADO STATE UNIVERSITY S 1,171,003 BASE, PAVING FORT COLLINS L.AURA BENTLEY STORM, REMOVALS, GRADING $19,124.426 21SID23 8% US HWY 85 AULT TO WYOMING COLORADO DEFT. OF TRANSPORTAMON $ 17,594,472 BASE, PAVING WELL, COUNTY NICOLE UPRIGHT STORM, BASE, PAVING S62,312 2151024 33% CITY OF FORT COLLINS MISC 2015 CITY OF FORT COLLINS S 41,749 FORT COLLINS VARIOUS PAVING $138,117 2151025 100% COMMUNITY DRIVE PAVING OSMUN, INC. S ESTES PARK ADAM SMITH STORM, WATERL.INF BASE $572,333 2151026 91% ISTSTREETUTEdTIES CITY OF FORT COLLINS S 51.510 FORTCOLLINS ANDREW GINOERLCH REMOVALS, PAVING S79,020 2151028 0% KOALA KOURTPAVING KOALA KOURT OWNERS ASSOC. $ 79,020 GREELEY MICHAEL FRICK WATERLINE, REMOVALS, BASE $992,997 2151029 76% MOUNTAIN AVE WATERLINE REHAB PH I CITY OF FORT COLLINS UTILITIES S 238,319 FORTCOLLINS MATT FATER UITL ITIE.9, REMOVALS, BASE S5,204,874 2151030 23% THOMAS HEIGHTS GUARDIAN COMPANIES S 4,007.753 GRADING, PAVING CHEYENNE JOE PATTERSON STORM, GRADING 1117,11, 1151011 111% RAINDANCE DETENTION TROLL.CO, INC S - •WINDSOR PATRICK McMEEKING SEWER REMOVLLS, GRADING $1,136,594 2151032 53% ARAPAHO BEND TRAIL CITY OF FORT COLLINS UTILITIES S 534,194 BASE FORT COLLINS JASON STUTZMAN REMOVALS, GRADING, PAVING $88,074 2151033 91% RP RECREATION FACILITY HENSEL PHELPS S 7,927 BASE GREELEY KYLEBONDE CONTRACT P TIDE OF WORK AMOUNT JOB# REMOVALS, PAVING $528,659 2154016 STORM BASE, PAVING $115,099 2154019 REMOVALS, GRADING, BASE $75,000 2154020 PAVING REMOVALS, GRADING, BASE $338,955 2154021 PAVING REMOVALS, GRADING, BASE S1,157,470 2154022 PAVING, STORM REMOVALS, PAVING $60,275 2154026 STORK REMOVALS, GRADING S222,S19 2154029 PAVING ER CENT !OR NAME AIPLETE LOCATION 100% CITY OF STEAMBOAT OVERLAY 2015 STEAMBOAT SPRINGS 100% CATAMOUNT LAKE OVERLAY 2015 STEAMBOAT SPRINGS 100% STEAMBOAT POWERSPORTS STEAMBOAT SPRINGS 80% DIXON AIRPORT WEST APRON EXPANSIO CARBON COUNTY 5% STEAMBOAT AIRPORT STEAMBOAT SPRINGS 16°% HAYDEN PATCHING HAYDEN 0% STORM MEADOWS ENTRY & SHARLiO DW STEAMBOAT SPRINGS N OWNER CONTRACTTO CONTACT COMPLETE CITY OF STEAMBOAT SPRINGS S _ DAVID VAN WINKLE CATAMOUNT METRO DISTRICT S - JOELANDERSON STEAMBOAT POWERSPORTS S - JASONSTANHOPE CARBON COUNTY 5 67,771 BRIAN JOHNSON CITY OF STEAMBOAT PUBLIC WORKS S 1,099,597 CHUCK ANDERSON T'OWNOPHAYDEN S 30,631 JAY DEE HOCKADAY MOUNTAIN RESORTS, LLC $ 222.919 TOM CHANEY S 32,905.276 ER CENT !OR NAME AIPLETE LOCATION 100% CITY OF STEAMBOAT OVERLAY 2015 STEAMBOAT SPRINGS 100% CATAMOUNT LAKE OVERLAY 2015 STEAMBOAT SPRINGS 100% STEAMBOAT POWERSPORTS STEAMBOAT SPRINGS 80% DIXON AIRPORT WEST APRON EXPANSIO CARBON COUNTY 5% STEAMBOAT AIRPORT STEAMBOAT SPRINGS 16°% HAYDEN PATCHING HAYDEN 0% STORM MEADOWS ENTRY & SHARLiO DW STEAMBOAT SPRINGS N OWNER CONTRACTTO CONTACT COMPLETE CITY OF STEAMBOAT SPRINGS S _ DAVID VAN WINKLE CATAMOUNT METRO DISTRICT S - JOELANDERSON STEAMBOAT POWERSPORTS S - JASONSTANHOPE CARBON COUNTY 5 67,771 BRIAN JOHNSON CITY OF STEAMBOAT PUBLIC WORKS S 1,099,597 CHUCK ANDERSON T'OWNOPHAYDEN S 30,631 JAY DEE HOCKADAY MOUNTAIN RESORTS, LLC $ 222.919 TOM CHANEY S 32,905.276 N OWNER CONTRACTTO CONTACT COMPLETE CITY OF STEAMBOAT SPRINGS S _ DAVID VAN WINKLE CATAMOUNT METRO DISTRICT S - JOELANDERSON STEAMBOAT POWERSPORTS S - JASONSTANHOPE CARBON COUNTY 5 67,771 BRIAN JOHNSON CITY OF STEAMBOAT PUBLIC WORKS S 1,099,597 CHUCK ANDERSON T'OWNOPHAYDEN S 30,631 JAY DEE HOCKADAY MOUNTAIN RESORTS, LLC $ 222.919 TOM CHANEY S 32,905.276 S 32,905.276 CONTRACT PERCENT JOB NAME • TYPE OF WORE AMOUNT JOB# COMPLETE LOCI77ON UTILITIES, REMOVALS $95,834 2141034 PAVING BASE, PAVING 554,480 2141035 STORM, GRADING, BASE SI83,646 2141036 PAVING $50,000 2141037 SEWER, PAVING $153,210 2141038 REMOVALS, PAVING $17-1,729 2141 D39 WATERLINE, GRADING 596,437 2141040 REMOVALS, GRADING, BASE $280,964 2141041 PAVING WATERLINE, GRADING $339,573 2141042 REMOVALS, BASE, PAVING 5540,436 2141044 REMOVALS, GRADING, BASE 51,654,160 2141045 UTILITIES, GRADING, BASE $697,679 2141046 PAVING WATERLINE, PAVING $100,052 2141048 WATERLINE, REMOVALS $510,120 2141051 ORADING, PAVING WATERLINE, REMOVALS $1,295,256 2141032 GRADING, PAVING REMOVALS, PAVING $169.449 2141053 SEWER, STORM, GRADING 5366,929 2141055 STORM, GRADING, BASE $228,074 2141056 WATERLINE $202,268 2141057 STORM, REMOVALS, BASE $2,638,296 2141038 GRADING GRADING $343.253 2141059 REMOVALS, GRADING, BASE $3.282,872 2141060 PAVING GRADING, BASE, PAVING 5188,623 2141061 WATERLINE 5153,748 2141062 PAVING $65,960 2141065 WATERLINE, PAVING $354736 2141 D66 SEWER, WATERLINE, BASE $502,550 2141069 GRADING OWNER CONTRACT TO CONTACT COMPLETE 100% SCOTT$ PLAZA UTILITY STUBBS TAYLOR FITZPATRICK S FORT COLLINS JAKE TAYLOR 100% FC COUNTRY CLUB TENNIS COURTS EVERGREEN TENNIS COURTS S FORT COLLINS GEORGE STAHLIN 100% GWRW TEMP ROADNITCH CROSSING GREAT WESTERN RAILWAY $ FORT COLLINS KEN KOFF 100% RV AMERICA PATCHING RV AMERICA 5 DENVER JOHNNY WONG 100% LOVELAND WWTP REPAIRS CITY OF LOVELAND S LOVELAND CRAIG WENLAND 100% TOYS R US HEATH CONSTRUCTION S FORT COLLINS JOHN SINNETT 100°% BLAKE WELL WATERLINE RENEW STRATEGIES S KEENESBURG TOM DIRITO 100% KECHTER & TINlBERLJNE TURN LANE CITY OF FORT COLLINS S FORT COLLINS MARK LAKE•N 100% PARKER 10 WATERLINE RENEW STRATEGIES $ KEENESBURO TOM DIRITO 100% WINDSOR ROADWAY IMPROVEMENTS TOWN OF WINDSOR S WINDSOR CURTISTEMPLEMAN 99% FRONTIER PH I EAST SIDE IMPROVEMENT; FRONTIER REFINING S CHEYENNE, WY SPENCER ELLINGSON 100% STORYBOOK FILING PH 2 LOVELAND COMMERCIAL S FORT COLLINS NICK GALLUZ'LO 100% WHALERS WAY BURSTING CITY OF FORT COLLINS S FORT COLLNS ANDREW GINGERICH 100% CRESTVIEW WATERLINE REPLACEMENT EAST LARIMERCO WATER DISTRICT S FORT COLLINS RANDY SIDDENS 57% RIGDEN RESERVOIR PARK SITE CITY OF FORT COLLINS 3 FORT COLLINS MATTFATER 44% SH 14 BRIDGE REPLACEMENT FLATIRON $ FORTCOLLINS DAN MARTINSON 100% FOSSIL, CREEK STREAM REHAB 2014 CITY OF FORT COLLINS S FORT COLLINS SUE PAQUETTE 10D% FRONTIER REFINING MASTER SVC AGREE FRONTIER REFINING S CHEYENNE, WY JOB RUDER 1000/° COLORADO SWEET GOLD FIRE LINE LOOP COLORADO SWEET GOLD $ JOHNSTOWN DENNIS TRE•GO 100% GWRCO MAINLINE REHAB & CONSTR GREAT WESTERN RAILWAY S GREE.EY KEN KOFF 16,542 556,960 94,891 10D% TREIBERARECLAMATION SLUPES 'ITU-DISTRICTS $ - FORT COLLINS RICHARD RAINS 22% FOOTHILLS FASHION MALL HC BECK LTD $ 2,560,640 FORTCOLLINS GREG POWELL 100°% DYNO NOBEL 2014 DYNO NOBEL S - CHEYENNE. WY JIM DIBBLE 100% WEST VINE OUTFALL LANDSCAPING CITY OF FORT COLLINS $ FORTCOLLINS MATT FATER 100% CANDLEWOOD SUITES WILLCO DEVELOPMENT $ - FORT COLLINS MOIRA BRIGHT 100% 451 BOARDWALK PIPE BURSTING CITY OF FORTCOLLINS S - FORTCOLLINS ANDREW GNGERICH 1000/0 SO SIDE LIFT STATION FORCEMAIN REPL CITY OF LOVELAND S - LOVELAND TANNER RANDALL CONTRACT PERCENT JOB NAME OfY,NER CONTR4CTT0 TYPE OF WORN AMOUNT JOB COMPLETE LOCA270N CONTACT COMPLETE FLOOD REPAIRS - GRADING $162,667 2141759 100% NRCS FOX CREEK 3 LARIMER COUNTY S STORM, REMOVALS, BASE LARIMER COUNTY TODD JUERGENS FLOOD REPAIRS - GRADING S77,412 2141763 100% NRCS FOX CREEK 7 LAJUMER COUNTY $ STORM, REMOVALS, BASE LARIMER COUNTY TODD JUERGENS FLOOD REPAIRS - GRADING S84,564 2141777 100% NRCS DRAKE 8 LARIMER COUNTY S STORM, REMOVALS, BASE LARIMER COUNTY TODDJUERGENS FLOOD REPAIRS - GRADING S591,306 2141794 100% MRCS DRAKE RIP RAP LARLMER COUNTY S STORM, REMOVALS, BASE LARIMER COUNTY TODD JUERGENS FLOOD REPAIRS -GRADING S453,104 2141785 100°% NRCS SYLVAN DALE LARIMER COUNTY S STORM, REMOVALS, BASE FORT COLLINS TODD JUERGENS REMOVALS, GRADING $3,579,430 2144001 100% SH 13 CRAIG TO HAMILTON CO ➢EPT OF TRANSPORTATION S BASE, PAVING CRAIG BASE,PAVING $140,731 2144002 100% STEAMBOAT LAKE PAVING REHAB CO DIVISION OF PARKS & WILDLIFE S • CLARK STEVE RYAN STORM, REMOVALS, BASE $126.150 2144004 100% BEAR CLAW BEAR CLAW HOA $ GRADING, PAVING STEAMBOAT SPRINGS BOB MATTEO GRADING, PAVING S766,090 2144005 100° CITY OF STEAMBOAT OVERLAY CITY OF STEAMBOAT S STEAMBOAT SPRINGS RON BERIG PAVING $75,50) 2144006 100% ILLINOIS RIVER CANAL DUCKELS CONSTRUCTION S WALDEN DIANE DWRIE BASE,PAVI-NG $261,893 2144007 100% CATAMOUNT LAKE OVERLAY 2014 CATAMOUNT LAKE METRO DISTRICT S STEAMBOAT SPRINGS JOEL ANDERSON GRADING, PAVING $165,060 2144008 100% STONEWALL RANCH LUKE WILSON S SAVERY, WY STORM, REMOVALS, BASE $5,789,916 2144010 96% STATE 14WY 40 CO DEPT OF TRANSPORTATION 8 GRADING, PAVING STEAMBOAT SPRINGS DEBBIEMCCLAIN GRADING, PAVING $46,971 2144011 100% CAPTAIN JACK SUBDIVISION MICHAEL KORTAS S STEAMBOAT SPRINGS STORM, GRADING, BASE - S83,800 2144013 100% L OWELL WHITEMAN SCHOOL LOWELWHITEMAN SCHOOL f PAVING STEAMBOAT SPRINGS RICK ERICKSON BASF PAVING S271,070 2144014 100% ROUTT COUNTY RD 80 IMPROVEMENTS ROUTTCOUNTY S ' ROUTT COUNTY 231,597 $ 8,356,268 9 TYPE OF WORK CONTRACT PERCENT JOB NAME AMOUNT J0B4 COMPLETE LOCATION OWNER CONTACT CONTRAcr To COMPLETE i WATERLINE $166,754 2131028 100% WEST VINE 27"SLIP LINING CITY OF FORT COLLINS S FORT COLLINS JAY ROSE STORM $34,423 2131029 100% CHOICECE•NI-ERIDQ PARKING LOT CAPSTONE DEVELOPMENT S FORT COLLINS UTILITIES, GRADING, PAVING $1,768,950 2131030 100% THE DISTRICT@CAMPUS WEST CONTRACTING ENTE"RISES, LLC $ FORT COLLMS STEVE BIENS GRADING, STORM, PAVING S395,634 2131031 100% EATON MIDDLE SCHOOL EATON S EATON BUDDY VIEROW GRADING $1.794,145 2131033 100% FCI HALLIBURTON CONCRETE PAVING FCI CONSTRUCTORS $ FORT LUPTON CHAD RACINE GRADING, PAVING S223,872 2131034 71% SFCSD HEADWORK%&DEWATFRINO JR FILANC CONSTRUCTION CO S FORT COLLINS KRISTIAN BENSON REMOVALS, BASE, PAVING S115,190 2131035 100% WASHINGTON AVE SIDEWALK F,XT TOWN OF WELLINGTON S WELLINGTON TERRY McENANY GRADINIG $197.146 2131037 100% FCI HALLBURTON T SHEDS FCICONSTRUCTORS S FORT LUPTON CHAD RACINE STORM, REMOVALS, PAVING $2,477,263 2131038 100°% FC-LOVELAND MUNICIPAL. AIRPORT COFC & CITY OF LOVEL.AND S - BASE, GRADING L.OVELAND JOEL HARRY UTILITIES, REMOVALS, $1,502,469 2131039 100% EAGLE CROSSING EAGLE CROSSING WINDSOR, LLC S GRADING, PAVING WINDSOR PATRICK McMEEKIN STORM, REMOVALS, BASE S878,993 2131040 100% GWRW EMBANKMENT & MUSKET TRACK GREAT WESTERN RAILWAY, LLC S GRADING WINDSOR KEN KOFF PAVING $225.782 2131041 100°A DYNO NOBEL 2013 DYNO NOEL S CHEYENNE, WY JIM DIBBLE • BASE, PAVING $106,707 2131042 100% DYNO NOBEL DEF PROJECT DYNO NOBEL S CHEYENNE, WY JIM DIBBLE WATERLINE, SEWER $712,593 2131043 1DO% GRAND &2IST WATER &SEWER IMPROVE CITY OF LARAMIE S REMOVALS, BASE LARAMIE, WY CAL VAN ZEE SEWER, GRADING, BASE S183,900 2131044 100°% STORYBOOK2NDFILING LOVELAiND COMMERCIAL, LLC $ PAVING FORT COLLINS BLAINE RAPPE PAVING f 162.456 2111045 100% DYNO NOBFL UREA 2013 DYNO NOBEL S CHEYENNE, WY JIM DIBBLE PAVING S64,800 2131047 100% CLOVERBASIN VILLAGE JRK RESIDENTIAL GROUP S LONGMONT NIKKI RAMIREZ UTILITIES, GRADING $1,824,718 2131046 100% MEHAFFBY PARK FCI SITE CONSTRUCTION MGMT S REMOVALS LOVELAND TEDJOHNSON REMOVALS, PAVING S194,274 2131D49 100°% ALLISON FARM IMPROVEMENTS ALLISON FARM HOA S GREELEY PHILBINGHAM REMOVALS, GRADING $264,198 2131050 100% COFC MISCSTREET IMPROVEMENTS CITY OF FORT COIAJNS S FORT COLLINS STORM, REMOVALS $2,848,948 2131051 100% WCR 115 IMPROVEMENTS BASELINE ENOINEERING COPP i GRADING, BASE WELD COUNTY RICK BRHENING GRADING $38,383 2131D52 100°% COTTONWOOD DIRT PILES NORTHERN CO LAND DEVELOPMENT S WELLINGTON TRAVIS REDMAN GRADING, BASE, REMOVALS S465,240 2131053 100% GWRW EMERGENCY FLOOD REPAIRS OMNITRAX S WINDSOR S'TEVEN WARD UTILITIES, GRADING, BASE S655,155 2131054 100% THE SUMMIT PROJECT SUMMIT ENTERTAINMENT S PAYING WINDSOR NICK CASHION UTILITIES, GRADING, BASE SI,114,686 2131055 100°% WATER VALLEY SOUTH FILING 15 TROLLCO, INC. S PAVING, REMOVALS WINDSOR PATRICK MCMEEKIN • SEWER BASE, PAVING S78,400 2131056 100% 7-11@EAGLE CROSSING PIONEER GROUP S WINDSOR DAVID BLACK REMOVALS, PAVING S154,319 2131058 100% DELLENBACHMOTORS DELLENBACH MOTORS S FORT COLLINS MICHAEL DELLENBACH REMOVALS, PAVING, BASE S657,510 2131059 100°% WINDSOR LDS CHURCH McCAULEY CONSTRUCTORS 8 60,445 EXHIBIT 1 — REVISED BID SCHEDULE 24 210 Reset Dimple Concrete Sidewalk SY 4 $ 25 210 Adjust Manhole EACH 2 $ 26 210 Adjust Valve Box EACH 2 $ 27 212 Tree Retention and Protection (Loomis Ave) EACH 1 $ 28 214 Landscaping and Irrigation (NW comer) LS 1 $ 29 214 Landscaping and Irrigation (NE comer) LS 1 $ 30 214 Landscaping and Irrigation (SW comer) LS 1 $ 31 214 Landscaping and Irrigation (SE corner) LS 1 $ 32 214 Landscape Establishment/Maintanence (1 year) LS 1 $ 33 214 Sensation Maple Tree, 3" Caliper EACH 1 $ - 34 3G4 Aggregate Base Course (Class 6) TON 935 $ 35 403 Hot Mix Asphalt (Grading S) (75) (PG 64-22) TON 958 $ 36 601 Concrete Class D (RCB) CY 498 $ 37 602 Reinforcing Steel (Epoxy) LB 157,403 $ 38 603 15 Inch Reinforced Concrete Pipe (CIP) (CLASS III) LF 8 $ 39 604 Inlet Special (3' Combination) EACH 4 $ 40 604 Manhole Ring & Cover (30-Inch) EACH 2 $ 41 604 Manhole Ring & Cover (36-Inch) EACH 2 $ 42 607 Fence (Plastic) LF 509 $ 43 607 Fence (Chain Link) (Temporary) LF 1,460 $ 44 608 Concrete Driveways (6-Inch) SY 139 $ 45 608 Concrete Sidewalk (6-Inch) SY 150 $ 46 608 Concrete Curb Ramp SY 73 $ 47 609 Curb Type 2 (Section B) LF 68 $ 48 609 Curb and Gutter (Infall) LF 852 $ Addendum 1 8202 Arthur Ditch Bridge Replacement— Olive & Loomis Intersection Page 3 of 6 CONTRACT PERCENT JOB NAME OWNER CONTRACT TO TYPE OP'WORK AMOVNT JOBN COMPLE7P LOCATION CONTACT COMPLETE BASE, PAVING $706,654 2134008 100°% CATAMOUNT LAKE OVERLAY 2013 CATAMOUNT METRO DISTRICT S STEAMBOAT SPRINGS JOEL ANDERSON BASE, PAVING 56%588 2134001) 100°% KELLYDRIVEWAY GOODDYNAMICS S _ STEAMBOAT SPRINGS JgFF PAVING $277,756 2134010 100°l° CDOT MUDDY PASS SLIDE REPAIR COGGINS & SONS DRILLING $ - JACKSON COUNTY DON NIEMAN PAVING $76,055 2134011 100% NATIVE PAVING NATIVE EXCAVATING S STEAMBOAT SPRINGS ED MACARTHUR PAVING 1340,263 2134012 100% CRAIG ASPHALT WORK 2013 CITY OF CRAIG S _ CRAIG BILL F.ARL.FY PAVING S1,351,018 2134014 100% ROUTT COUNTY OVERLAY 2013 ROUTI' CTY ROAD & BRIDGE S ROUTT COUNTY MARTI HAMILTON PAVING S55,990 2134016 100°% SHERMANDRIVEWAY STEPHAN ZITTEL S - STEAMBOAT SPRINGS ' PAVING $50,782 2134018 100% PINE STREET WATERLINE ANSONEXCAVATING 5 STEAMBOAT SPRINGS ROBERT MURRAY REMOVALS, GRADING $70,027 2134024 100% MT. WERNER LODGE PARKING LOT STEAMBOAT ASSOCIATION MGMT S - PAVING STEAMBOAT SPRINGS JIMLANDERS SEWER, BASE, PAVING 5121,089 2134025 100% WILDHORSE MARKETPLACE PARKING WILDHORSE MARKETPLACE, LLC S - STEAMBOAT SPRINGS WHITNEY WARD S 2,088,166 • • • 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 of more than 400 pieces. All of Connell's fleet is available for use on this project. 8 — Caterpillar 627 Scrapers 3 — Caterpillar 615 Scrapers Scrapers Excavators& Backhoes 5 — Caterpillar 416-436 Tractor/Backhoes 4 — Komatsu 160 Size Track Excavators 5 — Komatsu 200 Track Excavators 5 — Komatsu/Caterpillar 300 Size Track Excavators 6 — Komatsu/Caterpillar 400 Size Track Excavators 1— Komatsu 650 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 1— Caterpillar D5M Dozer 6 — Caterpillar D61-I XL/LGP Dozers 2 — Caterpillar D8T Dozer Paving 1— Caterpillar 1055D Paver 1— Caterpillar 1055E Paver 3 — Caterpillar 1055B Pavers 1— Carlson 8' Paver Multiple Sizes & Configurations 1— Blaw Knox PF 4410 Paver 1— Road Tec Shuttle Buggy — M.T.V. Multiple Sizes & Configurations of Rollers 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. ROLAND TREMBLE - PROJECT MANAGER Et ESTIMATOR ABOUT Mr. Tremble has over 20 years of construction and estimating experience. While pursuing his B.S. degree, he worked as a pipeline laborer, construction supervisor and estimator. The combination of hands-on construction experience, educational background and mastery of estimating techniques gives Mr. Tremble a comprehensive set of skills for his estimating and project management duties. PROFESSIONAL ASPEN HEIGHTS I FORT COLLINS, CO I $8.2 MILLION I HARD BID EXPERIENCE ASPEN HEIGHTS, LLC. I ROGER FRAKES 813-209-5201 Aspen Heights is an alternative student housing complex in north Fort Collins, it consists of 222 individual units with 3-5 bedrooms per unit and the complex also includes a club house and pool. This project was completed based on an aggressive schedule as the work commenced in January and the owner had a fixed move in date for phase one of August 15th. Connell was able to complete our work during the winter months with multiple crews so that the building construction remained on schedule. The offsite roads (Vine Drive and Redwood Street) are constructed to COFC arterial road specifications as the first portion of the Vine Drive Truck Bypass in Fort Collins. SOUTH AGGIE VILLAGE PARKING LOT I FORT COLLINS, CO 1 $450,000 1 HARD BID COLORADO STATE UNIVERSITY I LAURA BENTLEY 970-492-4161 Project consisted of a 136-space parking lot on the south end of the Aggie Village complex off of Bay Drive at Colorado State University. POUDRE VALLEY HOSPITAL A WING I FORT COLLINS, CO I $1.2 MILLION I HARD BID HENSEL PHELPS CONSTRUCTION CO. I RJ BARRON 970-371-6137 Project is a new 3- story building for Poudre Valley Hospital A -wing to relocate the current Emergency Department from the south side of Poudre Valley Hospital to the north side. Connell completed the associated mass and structure excavation and backfill along with the utilities and asphalt paving. ARTHUR DITCH BRIDGE REPLACEMENT AT CANYON AVE I FORT COLLINS, CO I $850,000 1 CITY OF FORT COLLINS I TRACY DYER 970-416-2011 This project consisted of the removal and replacement of the Arthur ditch box culvert, located on the north side of Mulberry Street adjacent to the Mulberry Pool parking lot and completing at the right of way on Canyon Avenue. The existing structure was removed and replaced with precast box culverts. The design length of the project was approximately 316 linear feet. A small portion of Canyon Avenue was reconstructed adjacent to the box. WORK • Connell Resources, Inc. - Project Manager E Estimator EXPERIENCE • J.B. Excavating - Pipe Layer li Superintendent • Munson Excavating - Layout Engineer Et Pipe Layer EDUCATION COLORADO STATE UNIVERSITY -FORT COLLINS, COLORADO BACHELOR OF SCIENCE IN BIO RESOURCE ENGINEERING • ■ JOB DESCRIPTION Mr. Pacholek provides direction to company and subcontractor foreman, communicates with project inspectors, material suppliers, and project owners. Mr. Pacholek also manages job cost and project flow, documents project progress, and changes to the contract. Additionally he assists estimators throughout the bidding process. PROJECT SH 85 - Ault to Wyoming Border • Larimer County Road 19 8 72 Improvements HIGHLIGHTS . Arthurs Ditch at Canyon Ave • Leprino Foods • Lost Creek Waterline 9 Front Range Village Turnberry Road Reconstruction PROFESSIONAL CONNELL RESOURCES, INC. EXPERIENCE 2004 • Present Site Manager Et Intern EDUCATION COLORADO STATE UNIVERSITY WORK ZONE TRAFFIC CONTROL TRAINING BACHELOR OF SCIENCE IN CONSTRUCTION OSHA 10 HOUR CERITIFCATION MANAGEMENT n LJ Project Description This project consisted of the removal and replacement of the Arthur Ditch Box Culvert mostly along Oak StreetThe existing structure was removed and replaced with a new box culvert The design length of the project is approximately325 linearfeet The project included: removals,erosioncontrol, structuralexcavation,cast-in place box installation,water main line removal/ replacement, inlet and storm water pipe installation, concrete curb and gutter, pedestrian access ramps,full depth asphalt pavement,median / parkway irrigation and turf restoration, landscape and fence replacement, concrete sidewalks and traffic control. Project Details: 3,000 SY of Asphalt Removal 200 CY of Excavation 600 CY of Structure Excavation 362 CY of Structure Backfill 172,667 LB of Reinforcing Steel 554 CY of Concrete Class D 580 Tons of Asphalt Paving Owner CITY OF FORT COLLINS TRACY DYER 970-416-2011 Engineer: JUB ENGINEERS 970-377.3602 Project Description This project consisted of the removal and replacement of the Arthur ditch box culvert located on the north side of Mulberry Street adjacent to the Mulberry Pool parking lot and •completing at the rights of way on Canyon ' Avenue.The existing structure was removed and replaced with precast box culverts.The design length of the project was approximately 316 linear feet Asmall portion of Canyon Avenue was reconstructed adjacent to the box. Project included cast in 1 place transitions, new curb and gutter and sidewalks. Repaved Mulberry Pool parking lot at Canyon Avenue. I I 1 Project Details: I 3,000 SYAsphalt Removal 841 CY Structure Excavation 336 CY Structure Backfill 582 LF Precast 4 Sided Box Culvert 714 Tons Asphalt Paving Owner: CITY OF FORT COLLINS TRACY DYER 970-416.2011 Engineer: JUB ENGINEERS 970.377-3602 LE W3 N N E IL I OWNER: Larimer County Joe Temple 970-498-5700 ENGINEER: AVI PC Thomas Kent 307-637-6017 CONTRACT AMOUNT: $ 4.9 Million PROJECT START: June 2014 PROJECT COMPLETION: October 2014 CONTRACT TYPE: Unit Price CRI PROJECT MANAGER: Mark Van Ronk CRI SITE MANAGER: Aaron Pacholek UNIQUE JOB ELEMENTS: 2.4 Miles of Roadway Construc- tion Concrete roundabout • 23' of cut in rock excavation • Rock Blasting 12' x 12' concrete box culvert installation 10' x 20' cast in place concrete box culvert MATERIAL QUANTITIES: • 72 LF of 12'x 12'CBC • 39,000 Tons of Class 5 ABC 25,500 Tons of HMA 464 CY of Structural Concrete 87,000 LB of Rebar Installation 37,000 CY of Rock Excavation 36,800 CY of Unclassified Ex- cavation 14,500 CY of Import • 2.1 Miles of Existing Roadway Reconditioning WORK PERFORMED IN HOUSE: 92% of CRT's contract Performed in house LARIMER COUNTY ROAD 19 & 72 I.ARIMER COUNTY NY 'a- 0110 r �a The work consisted of construction of 2.4 miles of two lane roadway on a new alignment between County Roads 70 and 72 east of County Road 21. The project included two concrete box culverts and a rounda- bout. Connell Resources, Inc. 7785 Highland Meadows Parkway, Suite 100 Fort Collins, CO 80528 Phone:970.223.3151 Fax:970,223.3191 - ff • SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 10% of the contract. ITEM 601,602 • • SUBCONTRACTOR Concrete Structures SECTION 00500 AGREEMENTFORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed • SECTION 00510 NOTICE OF AWARD DATE: December 18, 2015 TO: Connell Resources Inc. PROJECT: 8202 Arthur Ditch Bridge Replacement - Olive & Loomis Intersection OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated December 10, 2015 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 8202 Arthur Ditch Bridge Replacement- Olive & Loomis Intersection. The Price of your Agreement is Eight Hundred Eighty -Nine Thousand Seven Hundred Sixty - Nine Dollars and Twenty -Five Cents ($889.769.25). 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 January 4, 2016. • 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the CoAact Documents attached. 0 0 Purchasing Director • 49 619 6" PVC C900 DR 18 LF 80 $ 50 619 6" Gate Vale EACH 1 $ 51 619 6" 45' Bends EACH 2 $ 52 619 14" Steel Casing with 3/8" wall LF 40 $ - 53 619 6" Solid Sleeve EACH 2 $ 54 620 Sanitary Facility EACH 1 $ 55 626 Mobilization LS 1 $ 56 630 Flagging HR 80 $ 57 630 Barricade (Type 3 M-A)(10')(Temporary) EACH 24 $ 58 630 Construction Traffic Sign (Panel Size B) EACH 24 $ 59 630 Traffic Control Management DAY 10 $ 60 630 Traffic Control Inspection DAY 82 $ FORCE ACCOUNT 61 700 F/A Landscape FA 1 $5,000.00 $ 5,000.00 62 700 F/A Erosion Control FA 1 $2,500.00 $ 2,500.00 TOTAL BASE BID $ 7,500.00 IN WORDS: Addendum 1 8202 Arthur Ditch Bridge Replacement — Olive & Loomis Intersection Page 4 of 6 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 18th day of December in the year of 2015 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 Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 8202 Arthur Ditch Bridge Replacement - Olive & Loomis Intersection and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by JUB Engineers Inc., 3538 JFK Parkway, Suite 1, Fort Collins, CO 80525. The City Engineering Department is hereinafter called ENGINEER and 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 Completed by the Contractor, in accordance with Article 14 of the General Conditions, as evidenced by the issuance of certificate of Substantial Completion, by April 15, 2016. 3.2 The Work must be completed by the Contractor and ready for final payment in accordance with Article 14 of the General Conditions within 30 calendar days after Substantial Completion. 3.3. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence under this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 and 3.2 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: Sixteen Hundred Dollars ($1600) for each calendar day or fraction thereof after the date of Substantial Completion as provided in Section 3.1 above. 2) Final Acceptance: Sixteen Hundred Dollars ($1600) for each calendar day or fraction thereof that after the date of Final Acceptance as provided in Section 3.2 above. 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: Eight Hundred Eiohty-Nine Thousand Seven Hundred Sixtv-Nine Dollars and Twenty -Five Cents ($889,769.25), 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: SHEET LIST TABLE SHELI NUMBER DRAWING NUMBER SHEET TITLE 1 ClW1 COVER SHEET 2 G002 GENERAL NOTES 3 G-003 CONSTRUCTION NOTES 4 G-004 LEGEND 6 ABBREVIATIONS 5 G-005 SUMMARY OF QUANTITIES 6 G 006 SURFACE TASULAIIONS I 0001 TYPtCALSECTIC06 8 0009 GEOMCTRiC DESIGN 9 DNI.101 OEMOLOTtCh 10 C-201 ROADWAY PLAY 11 C-202 ROADWAY PROILE it G703 FIOWIINF PROFRFS 13 GR-3.01 GRADING R DW%AGF 14 GR302 RAMP GRADING IS OR 401 STORM PLAN & PROFILE 16 DR-402 WATERLINE 17 S-SOl TYPsCA1 CAST IN PLACE BOX CULVERT NOTES SECTION IB S-W2 STIICTURAI LAYOUT 19 S-503 $TRUCTURAI TRANSITIONS 20 $ 5.04 STRUCTURAI SECTIONS 21 S SOS TYPICAL STRUCTURAL DETAILS 22 S-SOG TYPCAI STRUCTURAL DETAILS 23 S-S07 TYPICAL STRUCTURAL DETAILS 24 S-S08 TYKAL STRUCTURAL DETAILS 25 S-S09 RCBTRANSMONS 26 EC-602 EROSION CONTROL NOTES 27 EC-602 EROSION COALTROL NOTES 28 EC-603 EROWN CONTROL NOTES 29 EC W4 EROSION CONTROL PLAN 30 PH-701 CONSTRUCTION DETOUR 31 FP-801 FLOOOPLAIN OWNDARY 32 OT-901 DETAILS 33 OT-902 DETAILS 34 DT 903 DETAILS 3S NS-1001 CROSS SI CTTONS 36 t-1 LANDSCAPE PIAN 31 L 2 LANDSCAPE PLAN 38 L-3 LANDSCAPE PLAN 39 L-4 LANDSCAPE PLAN 40 L-5 PLANT LIST 41 L-6 PLANTING OETAILS 47 IR-1 IRRIGATION IFGFND 43 IR-2 IRMA710N NOTES 44 IR 3 IRRIGATIO4 PLAN 45 IR 4 IRRIGAI ION PLAN 44 IRS IRR/GATI04 PLAN 47 IR-6 IRRIGATION PLAN 48 IR 7 IRRIGATION DETAILS 49 IR-8 IRMA710N DETAILS SO IR-9 IRRIGATION DETAILS 51 IR-10 1IRRIGAVON DETAILS The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 1, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound-, and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no 0 0 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. OWNED Cr OF ri Rj COLLINS CONTRACJ�R: COCNNELL RESOURCES By: GERRYPWUL PURCHASING DIRECTOR r Date: i City Clerk Address for giving notices: P. 0. Box 580 Fort Collins, CO 80522 Approved as to Fo Senior Assistant City Attorney FORr� PAY `y By: 7�144' Ta +; /P e ru PRINTED Title: �cc T reS:vlerl Date: /a�a7 L,:?,Ir (CORPORATE SEAL) Attest: Addres4fgiving notices: License No.: SECTION 00530 NOTICE TO PROCEED Description of Work: 8202 Arthur Ditch Bridge Replacement - Olive & Loomis Intersection 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 Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this _day of .20 . CONTRACTOR: Connell Resources Inc. No Title: • (0 F J SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate • SECTION 00610 PERFORMANCE BOND Bond No. 106162682 KNOW ALL MEN BY THESE PRESENTS: that Connell Resources Inc. 7785 Highland MEadows Parkway, Suite 100, Fort Collins, CO 80528 (an Individual), (a Partnership), orporation 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 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 Eight Hundred Eighty -Nine Thousand Seven Hundred Sixty - Nine Dollars and Twenty -Five Cents ($889 769.25) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. • THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 18th day of December, 2015, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 8202 Arthur Ditch Bridge Replacement - Olive & Loomis Intersection. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in • the State of Colorado and be acceptable to the OWNER. 0 • l • IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 23rd day of December 2015. IN P ISENPE e (Corporate Seal) IN PRESENCE OF: IN PE OF: Witness (Surety Seal) Resources, Inc. /I xc I. pfS JpL — (Title) 7785 Highland Meadows Parkway 4100 Fort Collins, CO 80528 (Address) Other Partners By: a Surety Travelers Casualty and Surety Company of America By: C Diane F. Clementson, Attorney -in -Fact One Tower Square. Hartford, CT 06183 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. EXHIBIT 2 — QUESTIONS & ANSWERS 1. Question: How will the water line be lower without taking customers out of service or providing temporary water to those customers? Answer.' Plan sheet 16 (DR-402) has been revised to include in the bid tabs the installation of a 6" gate valve that will isolate the 6" water line during the lowering extension while keeping customers in service. The waterline will not be required to be tested, however close observation of installation methods used will be conducted to ensure proper, safe techniques are used to ensure the high water quality delivery. 2. Question: Is there a line item to pay for backfill of existing box removal? Answer Yes, Line item #13 — Embankment (CY) is the intended pay item for this task. 3. Question: Is the City receptive to entertaining alternative CBC designs, i.e. precast sections? Answer.' At this point the proposed CBC design has been reviewed and approved by the Arthur Ditch company. Any redesign would have to be drafted and reviewed by the Arthur Ditch on call Engineer. This is not typically a timely effort and would likely exceed the contract duration. The City of Fort Collins possesses no authority over the Arthur Ditch company and they in turn may not entertain any revisions to the plan set within the effective contract timeframe. 4. Clarification: Line item #16 — Structure Excavation (CY) has been increased to 1,384 CY from 850 CY. Addendum 1 8202 Arthur Ditch Bridge Replacement — Olive & Loomis Intersection Page 5 of 6 • SECTION 00615 PAYMENT BOND Bond No. 106362682 KNOW ALL MEN BY THESE PRESENTS: that Connell Resources Inc. 7785 Highland Meadows Parkway, Suite 100, Fort Collins, CO 80528 (an Individual), (a Partnership), orporation hereinafter referred to as the "Principal' and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins. 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of Eight Hundred Eighty -Nine Thousand Seven Hundred Sixty -Nine Dollars and Twenty -Five Cents ($889.769.25) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. • THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 18th day of December, 2015, a copy of which is hereto attached and made a part hereof for the perforrnance of The City of Fort Collins Project, 8202 Arthur Ditch Bridge Replacement - Olive & Loomis Intersection. NOW, THEREFORE, if the Principal shall make payment to all persons., firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. • • IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this day of December Zp 15. IN PR ENC Pri ipal nnell Resources, Inc. (Title) (Title) 7785 Highland Meadows Parkway #100 (Corporate Seal) Fort Collins. CO 80528 IN PRESENCE OF: IN PRESENCE OF: Witness Witness (Surety Seal) (Address) Other Partners By: By: Surety Travelers Casualty andSuretyCompany of America By: Diane F. Clementson, Attomey-on-Fact One Tower Square, Hartford, CT 06183 (Address) NOTE: Date of Bond must not be prior to date of Agreement. if CONTRACTOR is Partnership, all partners should execute Bond. ATTORNEY IS INVALID POWER OF ATTORNEY THE TRAVELERSJW 0 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 Attorney -In Fact No. 229441 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 006393823 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, Kelly T. Urwiller. Diane F. Clementson. Anthony P. Stimac, Royal R. Lovell, Russell D. Lear, Katherine E. Dill, K'Anne E. Vogel, Steve I Blohm, Wesley J. Butorac, Dulce R. Huggins, and Sandra L. Schifferns of the City of Greeley , State of Colorado , their true and lawful Attorney(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 contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 22nd y of May 2015 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 United States Fidelity and Guaranty Company 2 aaPOq,� L � J' 'Y� G ♦�IIXE 6 ' �Q,\M..�Nf`9y Jp� IXIIUq�ry '�J�1.TY 9N0 �` �YyDLMFry�� 4�FY'Y""U °#' 6 S N'FD�' i � oxvYn�t;m W•rynvoxartrl X '• Ai t '✓.� ♦ °n. �i 'o w ��' ` 1896 State of Connecticut City of Hartford ss. By:,4 0 oog)� Robert L. Raney, Venior Vice President On this the 22nd day of May 1 2015 , 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,Tl7 Witness Whereof, I hereunto set my hand and official seal. TAP? Commission expires the 30th day of June, 2016. P Marie C. Tetreault. Notary Public 58440-8-12 Printed in U.S.A. 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 Attomeys-in-Fact and Agents to act for and on behan 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 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 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 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 Surety 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 Attorney executed by said Companies, 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 23rd day of December 201 ✓ -/- Kevin E. Hughes, Assistant Sec tary GISU4 9g 41RE b ,M�I.O CMS(/ i IM41/a, 'STY M'p 61yh� Y o! 19Y26 � 2 �� BC�nID ~'j rot b � art• wcJP; ..�q .�io d� abs �"�`�� � ��� '+kc1a' Gj',�j EF n i IWIITOM. qqq M191:0�0. j t 19S1 "•SEAL o " ° � � a ��' ¢ '^ < ry �a �Enuca +IS. ANbD o1 ... . •'+ � a 1 aT 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. SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance in accordance with the following requirements: 1. The Contractor will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Contractor shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Contractor, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Contractor under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Contractor 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Contractor shall maintain during the life of this Agreement for all of the Contractor's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Contractor shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Contractor shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance n U a D .4G'OR�® CERTIFICATE OF LIABILITY INSURANCE �/ D/DD 12/302/30/2015015 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(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the Certificate holder in lieu of such endorsement(s). PRODUCER Flood and Peterson PO Box 578 Greeley CO 80632 CONTACT Nikki Mosbrucker CIC,CISR NAME: PHONE (97O)266-7123 FAX (970)506-6823 EMAIL ,NMosbrucker®floodpeterson.com INSURERS AFFORDING COVERAGE NAIC # INSURER A:Char ter Oak Fire Insurance 125615 INSURED Connell Resources, Inc. 7785 Highland Meadows Parkway #100 Fort Collins CO 80528 INSURERS:Travelers Indemnity Company 25658 INSURERC:Travelers Property Casualty 25674 INSURERD:Pinnacol Assurance 41190 INSURER E: INSURER F: COVERAGES CERTIFICATE NLIMBER-CLI552803110 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 A L U POLICY NUMBER POLICY EFF MMIDONYYY POLICY EXP MMIDD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X DTC04794NS32COF15 6/1/2015 6/1/2016 AGE TO RENTED PREMISES Ea occurrence) $ 300, 000 MED EXP(Any one person) $ 10,000 PERSONAL& ADV INJURY S 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMPIOP AGG $ 2,000,000 POLICY X PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGL5 LIMIT Ea amdent 11000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OSSED SCHEDULED X T8104794N532TIL15 /1/2015 6/1/2016 BODILY INJURY(Per accident) S PROPERTY DAMAGE Per accdent $ X HIRED AUTOS X NON -OWNED AUTOS Uninsured motorist combined $ 1,000,000 X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10, 000, 000 C. EXCESS LIAR CLAIMS -MADE DED RETENTIONS $ X DTSMCUP4794N532TIL15 /1/2015 6/1/2016 D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I NLIM X I WC STATU- I OTH- ANY OFFICER/MEIMBEREXCLUDR/EECUTI LN] (Mandatory In NH) NIA 4029651 6/1/2015 6/1/2016 E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE S 500,000 If yes. describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If mare space Is required) CRI # 2151082 - 8202 Arthur Ditch Bridge Replacement Certificate holder is included as Additional Insured as required by written contract with respects to liability arising out of work performed by the named insured. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Collins ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 580 Fort Collins, CO 80522 AUTHORIZED REPRESENTATIVE IN Mosbrucker CIC,CISR ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 mmnmi ni Tha Ar ..00r) ra,nc nnri Inn^ am roniatururi mnrke of Ar.r)Pn \J E SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT TITLE: 8202 Arthur Ditch Bridge Replacement - Olive & Loomis Intersection PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins. Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: Connell Resources Inc. CONTRACT DATE: December 18, 2015 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 DA REMARKS: AUTHORIZED REPRESENTATIVE SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 120 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, 8202 Arthur Ditch Bridge Replacement - Olive & Loomis Intersection. 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 December 18, 2015. 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: • • SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins. Colorado (OWNER) FROM: Connell Resources Inc. (CONTRACTOR) PROJECT: 8202 Arthur Ditch Bridge Replacement - Olive & Loomis Intersection The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished. delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the • buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver 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 W •• a TIi I E Imm.�_ �Rmn . Sao s 0 :■unnw-■. . EMOMERM -���{ IMSIf.. 01 OEM �RW r Yan ��l�I o-_ u i =° .al e� � l��� ggR C666 & �K6G64 as 7,- Yv6GE �NJ x• eNF 4 LA Signed this day of 20_. CONTRACTOR: CONNELL RESOURCES INC. Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of by Witness my hand and official seal. Notary Public My Commission Expires: 20_, • SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins. Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Connell Resources Inc. PROJECT: 8202 Arthur Ditch Bridge Replacement - Olive & Loomis Intersection CONTRACT DATE: December 18, 2015 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) In ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. 40 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) r)O Nr1T WRITF IN THIR SPACF The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) Period 0170-750 (999) $0.00 89 CONTRACTOR INFORMATION Trade name/DBA: Owner, partner, or corporate name: Mailing address (City, State, Zip). Contact Person E-Mail address: Federal Employer's Identification Number. Bid amount for your contract: Fax Number: ` ( ) Business telephone number: Colorado withholding tax account number: Copies of contract or agreement pages (1) identifying the contracting parties EXEMPTION INFORMATION and (2) containing signatures of contracting parties must be attached. Name of exempt organization (as shown on contract). Exempt organization's number. 98 - Address of exempt organization (City, State, Zip) Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County (as) where project is located) Scheduled Month Day Year Estimated Month Day Year I construction start date completion date. 1 declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer Title of corporate officer. Dale. 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. 0 SECTION 00700 GENERAL CONDITIONS 0 GENERAL CONDITIONS CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OP THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to that document are shown by underlining text that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number & Title TABLE OF CONTENTS OF GENERAL CONDITIONS Page Article or Paragraph Number Number & Title DEFINITION$ ......................................................1 11 Addenda ............................................. 1.2 Agreement .............................. ......... J 1.3 Application for Paymank ............ ......... L4 Asbestos J 1.5 Bid ..................................................... 1.6 Bidding Documents__...._.... 1.7 Bidding Requirements. ........................ 1.8 Bonds.................................................1 1.9 Change Order ... ... ...... .. I .......... I 1.10 Contract Documents .................... I 1.11 Contract Price ..................................... 1 1.12 Contract Times ....................................1 1.13 CONTRACTOR ..................................1 1.14 defective .............................................3 1.15 Drawingk ........................................... J 1.16 Effective Date of the Agreement........,_ J 1.17 ENGINEER........................................1 1.18 ENGINEERS Consultant ..................... 119 Field Order ............................. . . ........ 1.20 General Requirements ......................... 1.21 Hazardous Waste ................................. 2 L22.a Laws and Regulation, laws or Regulations ......................................2 1.22.b Legal Holidays ..........................I.........2 1.23 Liens ..................................................2 1.24 Milestone . ................... . ......... . ........... 1.25 Notice of Award........_ ....................... 2 1.26 Notice to Proceed .................................2 1.27 OWNER ......................... .................. 128 Partial Utilization ................................ 2 1.29 PCBs ............................. .................... 1.30 Petroleum ... ......... ......... ... ....... ....... 1.31 Project ....................... --- --- .............. 1.32.a Radioactive Material ............................2 1.32.b Regular Working Hours,_ ....... ___ ...... 2 1.33 Resident Project Representative ........... 1.34 Samples .............................................. 1.35 Shop Drawings ....................................2 1.36 Specifications ............ ................. ....... 2 1.37 Subcontractor .....................................2 1.38 Substantial Completion ......................... ; 1.39 Supplementary ConditicnA ...............I..2 1.40 Supplier ........................ ..................... 1.41 Underground Facilities.., , . ............ 2-3 1.42 Unit Price Work............... .................. 3 1.43 Work ..................................................3 1.44 Work Change Dircctivc . ........ _ . ..... 1.45 Written Amendment._.- . . ... ........... Page Number PRELIMINARY MATTERS ................................3 2.1 Delivery of Bonds ............................3 2-2 Copies of Documents........................3 2.3 Commencement of Contract Times; Notice to Proceed-------------- 3 2.4 Starting the Work ............................ 15-2.7 Before Starting Construction; CONTRACTOKs Responsibility to Report; Preliminary Scheddes, Delivery of Certificates of Insurance 3-4 2.8 Preconstruction Conference .............. 4 2.9 Initially Acceptable Schedulesi .......... 4 CONTRACT DOCUMENTS: INTENT, AhENDING, REUSE ............................. ............ 4 3.1-3.2 Intent ............ .......................... ...... 4 3.3 i Reference to Standards and Speci- fications of Technical Societies; Reporting and Resolving Dis- crepancies ................................. 4-5 3.4 Intent of Certain Terms or Adjectivc!k .................................... 5 3.5 Amending Contract Docan cuts ...... _5 3.6 Supplementing Contract Documents ................................... 5 3.7 Reuse of Documents.......--............... 5 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS .........................................5 4.1 Availability of Lands .....................5-6 4.2 Subsurface and Physical Conditions, .... .............................. 6 4.2.1 Reports and Drawings ...................... 6 4.2.2 Lim ited Reliance by CONTRAC- TOR Authorized. Technical Data............................. ............... 6 4.2.3 Notice of Differing Subsurface or Physical ConditioriA .................. 4.2.4 FNGTNEERsReview ....................... 4,23 Possible Contract Documents Change.......................... .............. 6 4.2.6 Possible Price and Times Adjustments ............................... 6-7 4.3 Physical Conditions -Underground Facilities.......................................7 4.3.1 Shown or Indicated ..........................7 4.3.2 Not Shown or Indicated ................... Y 4.4 Reference Points..............................7 EJCI)C GENLTLAL CONDITIONS 1910-8 (1990 EDMON) w.' CITY OF FORT COLTINS MODIFICATIONS (REV 91") • Article or Paragraph Number & Title Page Article or Paragraph Number Number & Title 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ............. ....... 7-8 BONDS AND INSURANCE ................................. 8 5.1-5.2 Perform ana.Payment and Other Bonds..............................................? 5.3 Licensed Sureties and Insurers; Certificates of Insurance 8 SA CONTRACTOR' 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 Proesion..10 5.9 CONTRACTOR'S Responsibility for Deductible Amounts10 5.10 Other Special Insu rarim....................10 5.11 Waiver of Rights, ............................... 11 5.12-5. I3 Receipt and Application of Insurance Proceeds .....................10.11 5.14 Acceptance of Bonds and Insr- ance; Option to Replace. .................. 11 5.15 Partial Utilization --Property Insuran«........................................ I I CONTRACTOR'S RESPONSIBILITIES ...............11 6.1-6.2 Supervision and Superintendeneg....... 11 6.3-6.5 Labor, Materials and Equipment._. 11-12 6.6 Progress Schedule ............................. J2 6.7 Substitutes and 'Or -Equal" Items; CONTRACTOR'S Expense; Substitute Construction Methods or Procedures; ENGINEER's Evaluatim............. 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.....................J5 6.19 Record Documents .............................15 6.20 Safety and Protection_ 6.21 Safety Representative .........................16 6.22 Hazard Communication Prcgram;,,,,..16 6.23 Emergencies.....................................16 6.24 Shop Drawings and Sampley..............16 Page Number 6.25 Submittal Proceedures; CON- TRACTOR's Review Prior to Shop Drawing or Sample Submittal .................................... 16 6.26 Shop Drawing & Sample Submit- tals Review by ENGINEER, ..... 16-17 6.27 Responsibility for Variations From Contract Docunents........... 17 628 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-I 8 6.34 Survival of Obligations ...................38 7. OTHER WORK..................................................18 7.1-7.3 Related Work at Sik,Is 7.4 Coordination..................................is OWNER'S RESPONSIBILITIES ........................ J S 8.1 Communications toCON- TRACTOR .................................18 8.2 Replacement of ENGINEER, ........... 18 9.3 Furnish Data andPay Promptly When Due..................................18 8.4 Lands and Easements; Reports and Tests...............................18-19 8.5 Insurance .......................................19 8.6 Change Ortkrs...............................19 8.7 Inspections, Tests and Approvals ............................... _..19 9.8 Stop or Suspend Work; Terminate CONTRACTOR'S Services......................................19 8.9 Limitations an OWNER'S Responsibilitie............................ 19 9.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material„_„...............39 8.11 Evidence of Financ6l Arrangements .............................19 ENGINEERS STATUS DURING CONSTRUCTION.............................................19 9.1 OWNER'S Representative...............19 9.2 Visits to Site..................................19 93 Project Representative ...............)9-21 9.4 Clarifications and Interpre- tations ........................................ 21 9.5 Authorized Variations 21 EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph Page Article or Paragraph Number & Title Number Number & Title Page Number 96 Rejecting Defective Work ...................21 13.8-13.9 Uncovering Work at ENGI- 9.7-9.9 Shop Drawings, Change Orders NEERs Request ..................... 27-28 and Payments .................................... 21 13.10 OWNER May Stop the Work,,,,,,,,, 28 9.10 Determinatims for Unit Prices,,,,,, :21-22 13.11 Correction or Removal of 9.11-9.12 Decisions on Disputes;HNGI- Defective Work ...........................78 NEER as Initial Interprck( .............. 22 13.12 Correction Period, ......................... . )8 9.13 Limitations on ENGINEER!s 13.13 Acceptance ofDefective Work ....... Authority and Responsibilities.... 22-23 13.14 OWNER May Correct Defective Work........... ............. ........... 28-29 CHANGES IN THE WORK . ......... 23 to,] OWNEWs Ordered Change ................23 14. PAYMENTS TO CONTRACTOR AND 10.2 Claim for Adj ustra an........................23 CONdPLETION ................................................. 29 10.3 Work Not Required by Cantrad 14.1 Schedule of Values .........................29 Documents ...................................... 23 14.2 Application for Progress 104 Change Orders .................................. 23 Paym ent ........... .............. ......... 29 10.5 Notification of Surety ............... ........ 73 14.3 CONTRACTOR!s Warranty of Title .............. .......... ................. 29 CHANGE OF CONTRACT PRICE ... ......................... 23 144-14.7 Review of Applications for 11.1-113 contract Price. Claim for Progress Payments ................. 29-30 Adjustment; Value of 14.8-14.9 Substantial Completion,,,,,,,,,,,,,,,,,, 30 the Work .............................. ..... 23-24 14.10 Partial Utilization ..................... 30-31 11.4 Cost of the Work .......................... 24-25 14.11 Final Inspection ......... .............. .... 31 11.5 Exclusions to Cost of the Work .......... 25 14.12 Final Application for Payment ........ 31 11.6 CONTRACTORS Fee,,,,,,,,,,,,,,,,,,,,,,,, 25 14.13-1414 Final Payment and Acceptance ...... ,31 11.7 Cost Records .......... ...................... 25-26 14.15 Waiver of Claims_ ................... 31-32 11.8 Cash Allowances ...............................26 11.9 Unit Rice Work ................................26 15. SUSPENSION OF WORK AND TERMINATION ................................................ 32 CFANGE OF CONTRACT TIMES ............................26 15.1 OWNER May Suspend Work .......... 32 12.1 Claim far Adjustment ........................26 15.2-15.4 OWNER May Terminate,,,,,,,,.,,,,,,, 12 12.2 Time of the Essencq ..........................26 15.5 CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTORs Work or Terminate ................. $2-33 Control ....... 26-27 12.4 Delays Beyond OWNERs and I& DISPUTE RESOLUTION ................... . ......... _33 CONTRACTOWs Control ................77 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFEC77JIE WORK .... .................... ........................ 77 13.1 Notice or Defects ...............................27 13.2 Access to the Work .............. ...... __27 13.3 Tests and Inspections; CONTRACTORS Cooperation,,,,,,,,, 27 13.4 OWNERS Responsibilities; Independent Testing Laboratory,.,,.., 27 13.5 CONTRACTORS Responsibilities ...............................27 13.6-117 Covering Work Prior to Inspeo- tion, Testing or Approva.................27 17. MISCELLANEOUS ...... ...... 33 17.1 Giving Notiok_ ....................... .... 33 17.2 ComputationofTimeek .................... 33 17.3 Notice of Claim ..............................33 17.4 Cumulative Remedies .....................33 17.5 Professional Fees and Court Costs Included.. , ................. _33 17.6 Applicable State Laws,,,,,,,,,,,,,,, 33-34 Intentionally left blank .......................................35 EXHIBIT GC -A: (Optimal) Dispute Resolution Agreement,,,,,,,,,,,,,,,,,,,, GC -AI 16.1-16.6 Arbitration 5*C-Al 16.7 Mediationk..............................!3C-Al EJCDC GENERAL CONDITIONS 1910-9 (1990 EDITION) wl CITY OF FORT COLLINS MODMCATI ON% (W.V 9,99) 9 9 INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of - Bonds and Tnsurancq ........................................5.14 defective Work ............................10.4.1, 13.5, 13.13 final payment. ........... ........................... 9.12, 14.15 insurance ......................................................... 5.14 other Work. by CONTRACTOR ....................... . - 7.3 Substitutes and "Or -Equal" Items .....................6.7.1 Work by OWNER ..............................2.5.6.30, 6.34 Access to the -- Lands, OWNER and CONTRACTOR responsibilities .............................................. 4.1 site. related Work ............................................... 7.2 Work...........................................13.Z 13.14,14.9 Acts or Omissions--, Acts and Om issions-- CONTRACTOR ................................... 6.9.1,9.13.3 ENGINEER ................. __ ..................... j620,9.13.3 OWNER .................................................... 0.20.8.9 Addenda --definition of (also see definition of Specifications) .......(1. 6, 1.10, 6.19). 1.1 Additional Property Insurance* ................................. 5.7 Adjustments - Contract Price or Contract Times ......... ................. ).5, 3.5, 4.1, 4.3.2, 4.5.2, .............................. 4.53, 9.4, 9.5. 10.2-1 0A. .........................................11, 12, 14.8. 15.1 progress schedulq .......... .......... ...................... 6.6 Agreement -- definition of .......................................................1.2 "All -Risk" Insurance, policy Icirrit ...........................j.6.2 Allowances, Cash ......... I ........ ".." .............. 11 .... I.. 1 1. 111'8 Amending Contract Doc=cn4 ................................ 3.5 Amendment, Written -- in general.-, ............. * 1. 10, 1.45, 3.5, 5.10, 5.12, 6.6.2 ..........................0.8.2, 6.19. 10.1, 10.4. 11.2 .................................... IZI, 13.112,14.7.2 Appeal. OWNER or CONTRACTOR intent to..........................9.10, 9.11, 10.4, 16.2, 163 Application for Payment -- definition o(......................................................1.3 ENGTNEERs Resportsibility ............................... 9.9 final payment ................... 9.13.4, 9.13.5, 14.12-14.15 in general ..........................2.8, 2.9, 5.6.4, 9.10, 15.5 progress payment ...................................... J4.1-14.7 review of......._ ..... ... ........ . ..................... 14.4-14.7 Arbitration J6.1-16.6 Asbestos -- claims pursuant thereto ................ ......... 4.5.2,4.5.3 CONTRACTOR authorized to stop Work .......... 4.5.2 definition of ....................................................... J..4 Article or Paragraph Number OWNER responsibility for,,,,,,,,,,,,,,,,,,,,,,,,,,,, 4.5A, 8.10 possible price and times change ............. .......... 4.5.2 Authorized Variations in Work ......... 3.6,6M, 6.27, 9.5 Availability of Lands,......................... ............... 4.1.8,4 Award, Notice of --defined .......................................1.25 Before Starting Construciiork .............................. 7.5-2.8 Bid --definition of .......................1.5 1.5 (1.1, 1.10, 2.3, 3.3, - ......................4.2.6.4, 6.13, 11.43, 11.9.1) Bidding Documents -definition Of.......................... ....................... , 1.6 (6.8.2) Bidding Requirements --definition Of .........................I...............1.7 (1.1, 4.2.6.2) Bonds - acceptanceof . ........................... ........ ........... _534 additional bonds _.104. 11.4.5.9 Cost of the Work ............................ ............... 11.5.4 definitionof ................................. ..................... 1.8 delivery of ................................................... 7-1,5.1 final Application for Payment .......... ...... 14,12-14.14 general ....................................... 1,10, 5.1-5.3, 5.13, ............I ........................... 9.13. 10.5. 14.7.6 Performance, Payment and Other .................. 5.1-5.2 Bonds and Insurance --in genera).................................5 Builders risk "all-risk' policy form ........................5.6.2 Cancellation Provisions, Insurance.-,,,,., 5.4.11, 5.k 5.15 Cash Allowances....................................................I LS Certificate of Substantial Completiot; ........ 1.38, 6.30.2.3, _ .... __ ....... __ ............ .............. 14.8.14.10 Certificates of Inspectiori ................... 9,13.4, 13.5, 14.12 Certificates of Insuraneq .............2.7, 5.3, 5A.11. 5.4,13, ...................... 5.6.5. 5.8, 5.14, 9.13.4,14.12 Change in Contract Price - Cash Allowances 11.8 claim for price adjustment........... 4.1. 4.2.6, 4.5, 5.15, 6.8 1 9.4 ................. _ 9.5. 9.11, 10.2, 10.5, 1 I,Z 13.9. .......................13.13, 13.14, 14.7. 15.1. 15.5 CONTRACTORS fee 11.6 Cost of the Work general ................................................ 11.4-11.7 Exclusions to .............................................11.5 Cod Records .....................................................11.7 in general,,,,,,,,,,,, J. 19, 1,44, 9,11, 10.4.2. 10.43, 11 Lump Sum Prichg ............................. .......... _11.3.2 Notification of Surety,,,,,,,,,,,,,,, . .. . . ........ 10.5 Scope of ......................... ......... .......... )0.3-10.4 Testing and Inspection, Uncovering the Work ..................................13.9 EJCDC 013MMAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLLINS MODMCA170M OMV 9M) 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 Unit Price Work 11.9 Article or Paragraph Number Value of Work..................................................11.3 Change in Contract Times — Claim for times adjustmenl,....... #3, 42.6, 4.5, 5.15, ......... 6.8.- 9.4, 9.5, 9.11, 10.2, 10.5. 121, , ....,,,,,,139, 13.13, 13.14, 14.7. 15.1, 15.5 Contractual time limits ............................ ........ 2.2 Delays beyond CONfRACTOWs control....._..............................:.._.............12.3 Delays beyon.d OWNER's and CONTRACTOR's control.............................12.4 Notification of surety.........................................10-5 Scope of change ............ ............................ 10.3-10.4 Change Orders -- Acceptance ofDefective Work..... ............. __ .... 13,13 Amending Contract Documents ...........................3.5 Cash Allowances ...................„_,,,__,, 31.8 Change of Contract Pric@.....................................I I Change of Contract Time...................................12 Changes in the Work .............................. _.......... 10 CONTRACTOR's fee........................................11.6 Cost of the Work ...................................... 11.4-11.7 Cos. Records ..............._............ ....................... 11.7 definition of.......................................................1.9 emergencies.....................................................0.23 ENGINEERsresponsibility .......9.8. 10.4. 1LZ 121 execution of.....................................................10.4 Indcmniftction .........................6.12, 6.16, 6.31.6.33 Insurance Bonds and......................5.10, 5.13, 10.5 OWNER may terminate .............................. 15.2-15.4 OIANER'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 vahte of Work, covered by ... .. ................. _......... 11.3 Changes in the Work............................................I....10 Notification of surety.........................................103 O NER's and CONTRACTORS 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 ................ 632 Change of Contract Price..............................4, 11.2 Change of Contract Times ..........................9.4, 111 CONTRACTOR's.............. . 7.1. 9.4. 9.5. 9.11. 10.2, ......................11.2. 11.9. 12,1. 13.9, 14.8, _....................................15.1. 15.5. 17.3 CONTRACTOR's Fee.......................................11.6 Article or Paragraph Number CONTRACTOR's liability.,.,.,.,.. 5.4, 6.1Z. 6.16, 6.31 Cost of the Work......................................11.4, 11.5 Decisions on Dispute ............................ _9.11, 9,12 Dispute Resolution............................................16.1 Dispute Resolution Agreement ...................16.1-16.6 ENGINEER as initial interpretor .......................9.11 Lump Sum Pricing.........................................J1.3.2 Noticeof..........................................................1.7.3 OWNER's....................PA, 9.5, 9.11, 10.2, 11.2, 11.9 ........................12.1, 13.9. 13.13. 13.14, 17.3 OWNER's liability...............................................5.5 OWNER may refuse to make paymenk ................14.7 Professional Fees and Court Costs Included.....................................................17.5 request for formal decision oQ ...........................9..11 Substitute Items ...............................,,,.. 0.7.1.2 Time Extension.................................................12.1 Time requirements.. . ................................ 9.11, 12.1 Unit Price Work_............._............................11.9.3 Valueof...........................................................1.1.3 Waiver of --on Final Payment.................14.14, 14.15 Work Change Directive... ................................... 10.2 written notice required .... .............. ....9•11, 11.2, 12.1 Clarifications and Interpretation*...,,,,,,,, 3.6.3, 9.4, 9.11 CleanSite ..._._.. ....... ......... ................................ 0.17 Codes of Technical Society, Organization orAssociation.................................................3.3.3 Commencement of Contract Times_.............._.___..._2-3 Communications-- general...............................................6Z 69.2, 8.1 Hazard Communication Programs ......................6.22 Completion — Final Application for Payment ..........................j4.12 Final Inspection ................................ ..........14.11 Final Payment and Acceptance,,,.,,,,_,,,,,14.13-14.14 Partial Utilization...........................................14.10 Substantial Completion .....................1.39. 14.8-14.9 Waiver of Claims............................................34.15 Computation of Times ... ............... ......-..... 17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others..................................................6.8 6.11 Conferences -- initially acceptable schedules...............................2.9 preconstruction,..................................................2.8 Conflict. Error. Ambiguity. Discrepancy — CONTRACTOR to Report ......................... 2.5, 33.2 Construction, before starting by CONTRACTOR ........................................... 2.5-2.7 Construction Machinery. Equipment. etc ..................4.4 Continuing the Work ........................_..._...... 629, 10.4 Contract Documents — Amending..........................................................3.5 Bonds..................................................---__.5.1 EMC GENERAL COM31TIONS 1910-S (1990 EDITION) W/ UTY OF FORT COLLINS MODIFICATIONS (REV 9199) 0 FJ Cash Allowances Article or Pbragraph Number Change of Contract Pricq .................................... I I Change of Contract Times ... .............................. 12 Changes in the Work,,,,,,,,-„-„-„- .............. 10.4-10.5 check and verify .................................................2.5 Clarifications and Interpretations .........................3.2, 3.6, 9.4, 9.11 definition of .....................................................1.10 ENGINEER as initial interpreter of ...................9.11 ENGINEER as OWNER's representative,,,,,,,,,,,,, 9.1 gcncml3 Insurance ...........................................................5.3 Intent........................................................ 3.1-3.4 minor variations in the Work ..............................3.6 OWNER!s responsibility to furnish data_.__..,..-,,, 8.3 OWNERs 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 Societieq ...................................3.3 RelatedWork .................................................... 7.2 Reporting and Resolving Di=epancies ........ ;2.5, 3.3 Reuseof ............................................................ 3.7 Supplementing.................................................. 3.6 Termination of ENOR4EERs 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 Decision on Disputes ........................................9.11 definition of .....................................................1.11 Contract Times — adjustment of .......................... 3.5,4.1, 9.4,10.3.12 Change of ............................. . .................. 12.1-12A Commencement of ............................................2.3 definition of .....................................................1.12 CONTRACTOR — Acceptance of InsurancA ...................................5.14 Communications §.Z 6.9.2 Continue Work.. ...................................... j6.29,10.4 coordination and scheduling ............................ 6,9.2 definition of .....................................................1.13 Limited Reliance on Technical Data Authorized.......................................... .2.2 May Stop Work or Terminate............................15.5 provide site access to others,,,,,,,,,,,,,,,,,,,,,,, 7.2,13.2 Safety and Protectim .................. 4.3.1.2, 6.16, & 18, .. ..... * ............ *'*"* ...... 6.21-6.23.7.2,13.2 Shop Drawing and Sample Review Prior to Submittal ........................................6.25 vii Stop Work requirements ....................... _...._41.5.2 CONTRACTOR's-- Article or Paragraph Number Compensation ........................................... 11.1-11.2 Continuing Obligation... ........ . .......... ........... 14.15 Defective Work ................................ 9A 13.10-13.14 Duty to correct defewfiw Work .......................... 13.11 Duty to Report -- Changes in the Work caused by Emergency.............................. __ ......... 6.23 Defects in Work of Others„ ............................ 7.3 Differing condition* ...................................4.2.3 Discrepancy in Documents, ....... 2.5, 5.3.2. 6.14.2 Underground Facilities not indicat4 .......... 4.3.2 Emergencies ..................................................... 0,23 Equipment and Machinery Rental, Cost of the Work 11.4.5.3 Fee --Cost Plus 11-4.5-6, 11.5.1, 11.6 General Warranty and Guarantee,,,,,,,,,,,,,,,,.. 6.30 Hazard Communication Programs .....................0.22 Indemnification ................. ....... 0. IZ 6.16. 6.31-6.33 Inspection of the Work ............................... 7.3,13.4 Labor, Materials and Equipment .................... 0.3-6.5 Laws and Regulations, Compliance by„,,,,,,-„, 6.14.1 Liability Insurance ..............................................5.4 Notice of Intent to Appeal ......................... 9.10,10.4 obligation to perform and complete theWork ....................................................0.30 Patent Fees and Royalties, paid for by ................. 6.12 Performance and Other Bonds .................... 5.1 Permitsobtained and paid for i� 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 Concerning Subcontractors, Suppliers and Others 6.8-6.11 Continuing the Work..._ ..... ............... 0,29,10.4 CONTRACTOR's expense ...........................0.7.1 CONTRACTOR's General Warranty and Guarantee 6.30 CONTRACTOR's review prior to Shop Drawing or Sample submittal, ................ 0,25 Coordination of Work................................6.9.2 Emergencies, ............................ .................. 6.23 ENGINEERs evaluation, Substitutes or "Or -Equal" Items....._....................... 0.7.3 For Acts and Omissions of Others ............................. 0.9.1-6.9.2,913 for deductible arriounts,insurance, .................. 5.9 general ........................................6, 6, TZ 7.3.8.9 Hazardous Communication Programs_._......_ 6.22 Indemnification ................................... 6.31-6.33 LJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) W/ CITY OF FORT COLUM MODIFICATIONS (REV 9" Labor, Materials and Equipment .... _,,...... 6.3-6.5 Laws and Regulations... . ..................... I ..... .634 Liability Insurance ........................................ SA Article or Paragraph Number Notice of variation from Contract Docum ents............................................6 27 Patent Fees and Royalties,6.12 Permits.......................................................0.13 Progress Schedule.........................................6.6 Record Documents ...................................... 6.19 related Work performed prior to ENGINEER's approval of required submittals ............ . ................................ ¢.28 safe Structural loading.................................6.18 Safety and Protection ....................6,20. TZ 13.2 Safety Representative...................................6.21 Scheduling the Work..................................6.9.2 Shop Drawings and Samples ........................0.24 Shop Drawings and Samples Review by ENGINEER......................................6.26 Site Cleanliness_..... _.. . ............................ 5.17 Submittal Procedures .................................. 6,25 Substitute Construction Methods and Procedures .................................... 6.7.2 Substitutes and "Or -Equal" Items_„.............0.7.1 Superintendence; ...........................................0.2 Supervision ..... . ....................... ...... . ............. 0.1 Survival of Obligations................................6.34 Taxes..........................................................0.15 Tests and Inspections..................................13.5 ToReport ..................................................... 2.5 Use of Premises .....................0.16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal........................................6.25 Right to adjustment for changes in the Work ..... 10.2 right to claim.............4, 7.1, 9.4, 9.5, 9.11, 10.2 i L2, ....... 11.9. 12.1, 13.9, 14.8, 15.1. 15.5. 17.3 Safety and Protection ................. 6.20-6.22. 7.2,13.2 Safety Representative ....................................... 6.21 Shop Drawings and Samples Submittals.... 6,24-6.28 Special Consultants, ....................................... 11.4.4 Substitute Construction Methods and Procedures..6.7 Substitutes and "Or -Equal" Items, Expense .......................................... 6.7.1, 6.7.2 Subcontractors, Suppliers and Others........... .8-6.1 I Supervision and Superintendertcq,_,,,,.. 6.1, 6.2, 6.21 Taxes. Payment by ...... ...................... ............... 615 Use of Premises, ....................................... .16-6.18 Wen -antics and guarantor .........................0.5. 6.30 Warranty of Title..............................................34.3 Written Notice Required-- CONTRACTORstopWork or term inate,....... 153 Reports of Differing Subsurface and Physical Conditions ........................4,.2.3 Substantial Completion ....... .........................14.8 viii CONTRACTORS --other.. ..... .......... _.........._.............. 7 Contractual Liability Insurance, ............................5.A.10 Contractual Time Limits,........................................j12 Article or Paragraph Number Coordination— CONTRACTORs responsibility ......................„69.2 Copies of Documents ............................................... 2.2 Correction Period., ................................................ )3.12 Correction. Removal or Acceptance of Defectve Work-- in general...................................10.4.1. 13.10.13.14 Acceptance ofDgfective Work ..........................13.13 Correction or Removal of Defective Work.................................6.A 13.11 Correction Period............................................13.12 OWNER May Correct Defective Work . ............13.14 OWNER May Stop Work............................._„13.10 Cost — of Tests and Inspections ..... ............................... 13.4 Records 11.7 Cost of the Work -- Bonds and insurance, additional...................11.4.5.9 Cash Discounts..............................................11.4.2 CONTRACTOR'S Fee 11.6 Employee Expenses.....................................11.4.5.1 Exclusionsto.....................................................11.5 General11.4-11.5 Home office and overhead expenses ....................11.5 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............................11.43 Recordsl1.7 Rentals of construction equipment and machinery..... _............. _........... _.. ,11.4.5.3 Royalty payments, permits and license fees,...........................................11.4.5.5 Site once and temporary facilitieg................11.4.51 Special Consultants, CONTRACTOR's............. 11.4.4 Supplemental.................................................31.4.5 Taxes related to the Work............................1.1.4.5.4 Tests and Inspection ...................... ................... J3,4 Trade Discounts ............................................. J 1.4.2 Utilities, fuel and sanitary facilitieg.............. )1.4.5.7 Work after regular hours.................................11.4.1 Covering Work...............................................13.6.13.7 Cumulative Remedies ..................................... 17.4-17.5 Cutting, fitting and patching ................... ................ 7.2 Data to be furnished by OWNER ............................. ?.3 Day --definition of................................................17.2.2 Decisions on Disputes .................................... 9.11, 9.12 defective --definition of.............................. ............. 1.14 defective Work -- Acceptance of.......................................10.4.1, 13.13 E1CDC C ENFRAL COMXnON51910.8 0990 ®1710M wi aTy of FORT COLLMs morimCATTONs (REv 9l99) • 0 9 0 Correction or Removal of— 10.4.1, 13.11 Correction Period.-, .................... ......... _ ..... ... J 3,12 in general .........................................13, 14.7.14.11 Article or Paragraph Number Observation by ENGINEER ............................... 9.2 OWNER May Stop Work ....... ......................... 13.10 Prompt Notice of Defects ...................................13.1 Rejecting........................................................... 9.6 Uncovering the Work,.......................................13.8 Definitions Delays .............................. 4.1. 6.29, 12.3-12.4 Deliveryof Bonds .....................................................2.1 Delivery of certificates of insurance............................2 3 Determinations for Unit Prices ................................ 9.10 Differing Subsurface or PhysicConditions— Noticeof .... ......................... _ ...................... 4.2.3 ENGINEERS Review ......................................4.2.4 Possible Contract Documents Change .............. . 4.2-5 Possible Rice and Times Adjustment* .............. 426 Discrepancies -Reporting and Resolving...............................2.5. 3.3.2.6.14.2 Dispute Resolution-- Agreement 161-16.6 Arbitration................................. ............... 16.1-16.5 general 16 Mediation .........................................................16.6 Dispute Resolution Agreement._-, --- .............. 16.1-16.6 Disputes, Decisions by ENGINEER .................. 9.11-9.12 Documents — Copiesof...........................................................2.2 Record 6.19 Reuseof............................................................3.7 Drawings —definition of,..,..... _ ...............................1.15 Easements.............................................................. 4.1 Effective date of Agreement -- defmition qf ............. 136 Emergencies.. -.,, .......................... ......................... om ENGINEER — as initial interpreter on dispute; ............... .9.11-9.12 definition oC...................................................J.17 Limitations an authority and responsibilitieg ...... 9.13 Replacement of .................................................. 8.2 Resident Project Representative...........................9.3 ENGINEERS Consultant -- definition oE .................. 1.18 ENGINEERS -- authority and responsibility, limitations on.. . ..... 9.13 Authorized Variations in the Work ..................... 0.5 Change Orders, responsibility for...... 9.7.10,11,12 Clarifications and Interpretations .............. 3,6.3,9.4 Decisions on Disputes ................................ 9.11-9.12 defecthv Work, notice of .................................. 13-1 Evaluation of Substitute Items ..........................0.7.3 Liability ............................................... __03Z 9.12 Notice Work is Acceptable ..............................14.13 Observations ................. ............. .......... §. 30.2, 9.2 OWNERS Representative ......................... I .......... 9.1 Payments to the CONTRACTOR, Responsibility for ......................... .......... 9.9,14 Recommendation of Payment ................... 14.4,14.13 Article or Paragraph Number Responsibilities —Limitations on ................ 9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions, .................... ........ 4.24 Shop Drawings and Samples, review responsibility ..............................................15.26 Status During Construction -- authorized variations in the Work..................9.5 Clarifications and Interpretations .................. 9A Decisions on Disputes ............ . ............ 9.11-9.12 Determinations on Unit Prieq ......................9.10 ENGINEER as Initial Interpreter,_,.,,.,. 9.11-9.12 ENGINEERS Responsibilities ............ ... 9.1-9.12 Limitations on ENGINEER's Authority and Responsibilities..............................9.13 OWNEIZ's Representative__ . ......................9.1 Project Representative .......................... __ _.9.3 Rejecting Defective Work ................... ..........9..6 Shop Drawings, Change Orders and Payments .................................. 9.7-9.9 Visits to Site ............................._..................9.2 Unit Price determinations .................................9.10 Visits to Site.... _......9.2 Written consent required ..............................7.2, 9.1 Equipment, Labor, Materials an4 ........................ 0.3-6.5 Equipment rental, Cost of the Work. ................... 11.4.5.3 Equivalent Materials and Equipment .................... ... 0.7 error or omissions ............................I.....................0.33 Evidence of Financial Arrangements Explorations of physical conditions ........................ 4.2.1 Fee, CONTRACTORs—Costs Plus ................. ........ 11,6 Field Order — definitionof .................................... ......... ...... ).19 issued by ENGINEER ................................ 3.6.1.9.5 Final Application for Payment ..............................14.12 Final Inspection ................................................... J4.11 Final Payment — and Acceptance .................... .... 14.13-14.14 Prior to, rQr Cash allowaces ...... 11.8 General Provisions 17.3-17.4 General Requirements — definition of ......................................................1.20 principal references t9 ..............2.6, 6.4. 6.6-6.7.6.24 Giving Notice .........................................................17.1 Guarantee of Work —by CONTRACTOR ........ §.30,14.12 Hazard Communication Programs ........................... 6.22 Hazardous Waste — definition of .....................................................1.21 general............... .................. ...................... 4.5 OWNER's responsibility for..............................8.10 EJCDC (ENEILAL COMMONS 1910-8 (1990 EDITIOM W/ CM OF FORT COLLINS MODIFICATIONS 6TV 9M) Indemnifieatiat ....... ___ .,,,,,__-,_ 63Z 6-16,631.633 Initially Acceptable Schedules.... ................ .............. 2.9 Inspection-- Certifcatesof.......................,,,,„,9.13.4, 13.5. 1412 Final.............................. _......................... 14.11 Article or Paragraph Number Special, required byENGINEER ..........................9.6 Tests and Approval.............................$.7, 13.3-13.4 Insurance — Acceptance oG by OWNER...............................5.14 Additional, required by changes in the Work..........................................11.4.5.9 Before starting the Work .................................... 2.7 Bonds and —in general..........................................5 Cancellation Provisions ..................................... 5.8 Certificates or ... ...... _....... 2.7, 5, 5.3. 5.4.11, 5.4,13. ............. ........5.6.5. 5.8, 5.14. 9.13.4, 14.12 completed operations.....................................5.4.13 CONTRACTOR's Liability..................................5.4 CONTRACTOR's objection to coverage.............5.14 Contractual Liability... .................................. 5.4.10 deductible amounts, CONTRACTOR's responsibility ................................................5.9 Final Application for Payment....................._,.14.12 Licensed Insurers..............................................5.3 Notice requirements, material change;,.,,,,, 5.8,10.5 Option to Replace.............................................5.14 other special insurances ................................... 5.10 OWNER as fiduciary for insured$..............5.12-3.13 OWNER's Liability .......................................53 OWNER's Responsibility.... .......... __ ..... ...........8.5 Partial Utilization. Property Insurance................5.15 Property..................... ........... ..................... 5.6-5.10 Receipt and Application of insurance Proceeds..............................................5.12-5.13 Special Insurance.--.._ _- _._ ._...................... 5.10 Waiver of Rights..............................................5.11 Intent of Contract Documents .... ......... ................. 3.1-3.4 Interpretations and Clarifications.. ... ............... 3.6.3. 9.4 Investigations of physical condition; ..........................4.2 Labor. Materials and Equipment...........................6.3-6.5 Lands -- andEasements...................................................$.4 Availability of............................................4.1. 8.4 Reports and Tests...............................................8.4 Laws and Regulation --Laws or Regulations-- Bonds........................................................ 5..1-5.2 Changes in the Work..... .... ... __.....................10.4 Contract Documents...........................................3.1 CONTRACTOR's Responsibilities_.__ .............. 6.14 Correction Period. defective Work....................j3.12 Cost of the Work taxes...............................)1.4.5.4 definition of.... -............................................1.22 general6.14 Indemnification. ............... _..................... .31-6.33 Insurance........... _ .................. .......................... Precedence.............................._................3.1, 33.3 Reference to....................................................3.3.1 Sarety and Protection 6.20, 13.2 Subcontractors, Suppliers and Other§,,,,,,,,,, ........... Article or Paragraph Number Tests and Inspections............................_...13.5 Use of Premises.................................................0.16 Visits to Site..................................................... 9.2 Liability Insurance— CONTRACTORs............................................... 5.4 OWNERS.............................. ............................. 5.5 Licensed Sureties and Insurers„ ............................... 5.3 Liens -- Application for Progress Payment ......................14.2 CONTRACIX)R's Warranty of Title.. . .. ...........14.3 Final Application for Payment ..........................14.12 definition o(............................ _...................... 1.23 Waiver of Claims............................................14.15 Limitations on ENGINEER's authority and responsibilities.................................................9.13 Limited Reliance by CONTRACTOR Authorized...................................................... 4.2.2 Maintenance and Opeating Manuals -- Final Application for Payment ..........................14.12 Manuals (of others) -- Precedence ................ __..............................3.3.3.1 Reference to in Contract Docmment4.................. 33.1 Materials and equipment -- famished by CONTRACTOR..............................6.3 not incorporated in Work...................................14.2 Materials or equipment—equivalent,,,,,,,„,,,„.............0.7 Mediation (Optional)..............................................16.7 Milestones --definition of.........................................1.24 Miscellaneous -- Computation of Times......................................_17.2 Cumulative Remedies........................................17.4 Giving Notice....................................................17.1 Notice of Claim.........._....................................17.3 Professional Fees and Court Costs Inchided......... 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 Canditiong, ..... 4.2 3 Giving............................................................1.7.1 Tests and Inspections........................................13.3 Variation, Shop Drawing and Samp14.................0.27 Notice to Proceed — definition of.....................................................1.26 givingof ........................................................... 2.3 CJCDC CENEIAL CONDITIONS 1910-8 0990 ®monk w/ CITY OF FORT COLLINS MODIFICATIONS (aEV 9/99) • Notification to Surety..............................................30.5 testing, independent ........................ ............ ..... 13.4 Observations, by ENGINEER ........... ..„_„.........6.30, 9.2 use or occupancy Occupancy of the Work..................5.15, 6.30.2.4, 14.10 of the Work ..........................$.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR................0.9. 9.13 written consent or approval Open Peril policy form, Insurance ..........................5.6.2 required ......................................... 9.1. 6.3, 11.4 Option to Replace ....................................................5.14 Article or Paragraph Number 'Or Equal' Items......................................................b.7 Other work 7 Overtime Work —prohibition of ................................. 6.3 OWNER -- Acceptance ofdrfective Work ...........................13.13 appoint an ENGINEER......................................8.2 as fiduciary ...............................................5.12-5.13 Availability of Lands, responsibility ..................... 4.1 definition of.....................................................1.27 data, furnish...._............................_...................8.3 May Correct Defective Work............................13.14 May refuse to make paymen(.............................14.7 May Stop the Work ....................................... 13.10 May Suspend Work. Terminate . ........................... $.8, 13.10, 15.1-15.4 Payment, make prompt ..................... $.3, 14.4, 14.13 performance of other work ................................„ 7.1 permits and licenses, requirements ....................0.13 purchased insurance requirements,,,,,,,,,,,,,, ............... OWNER's-- Acceptance of the Work..............................6.30.2.5 Change Orders, obligation to execute, .......... 8.6, 10.4 • Communications ............................................... 8.1 Coordination of the Work.., ............................. _ 7.4 Disputes, request for decision............................9.11 Inspections, tests and approval§ .................. $3, 13.4 Liability Insurance ............................................. 5.5 Notice of Defects.... .......................................... 13.1 Representative --During Construction, ENGINEERs Status9.1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material.............-.8.10 Change Orders ............................................. 8.6 Changes in the Work, .................................. 10.1 communications- ........................................ 8.1 CONTRACTORS respansibilitie;.................. 8.9 evidence of financial anangcments..............$.11 inspections, tests and approval§.....................8.7 insurance...................................................... 8.5 lands and easementf,,,,_............................... 8.4 prompt payment by........................................8.3 replacement of ENGINEER ....................... .... $.2 reportsand tests............................................8.4 stop or suspend Work ................. $1. 13.10, 15.1 terminate CONTRACTORS services.......................................... 8.8. 15.2 separate representative at site ...................... 9.3 LJCOC GENERAL CONDITIONS 1910.8 (1990 EDITION w/ CITY OF FORT COLONS MODIFICATIONS (REV 9199) 1 ] Article or Paragraph Number written notice required ........................7.1. 9.4, 9.11, _.....11.2. 11.9. 14.7. 15.4 PCBs -- definition of ........ _............................................1.29 general....................................... _ ................. 4.5 OWNER's responsibility For...............................8.10 Partial Utilization - definition of ............................. _...................... 1.28 general 6.30.2.4. 14.10 Property Insurance ............................................ 5.15 Patent Fees and Royalties ....................................... 6.12 Payment Bonds, ....................................... ..........5. 1-5.2 Payments, Recommendation of..............14.4-14.7. 14.13 Payments to CONTRACTOR and Completion - Application for ProgressPayments ......................14.2 CONTRACTOR's Warranty of Title ...... _ .....14.3 Final Application for Payment .........................14.12 Final Inspection... .......................... _................ 14.11 Final Payment and Acceptance ...............14.13-14.14 general......................................................... $.3. 14 Partial Utilization ............................................ 14.10 Retainage..........................................................14.2 Review of Applications for Progress Payments...............................14.4-14.7 prompt payment.................................................$.3 Schedule of Values...........................................14.1 Substantial Completiort.............................14.8-14.9 Waiver of Claims ............................................ 14.15 when payments due .................... _,-- ....... 14.4, 14.13 withholding payment ............ ............................ 14.7 Performance Bonds............................................5.1-5,2 Petroleum -- definitionor......................................................1.30 general............................................................ _4.5 OWNER's responsibility for...............................8.10 Physical Conditions -- Drawings of, in or relating to ........................ 4.2.1.2 ENGINEER's review........................................4.2.4 existing structures.........................................-4.2.2 gencra14.2.1.2......................................................... Notice of Differing Subsurface or......................4.2.3 Possible Contract Documents Change...............1.7 5 Possible Price and Times Adjustment; ..............A.2.6 Reports and Drawingg..................................... 4.21 Subsurface and...................................................4.2 Subsurface Condition; .................................. 4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ....................... 4.2.2 Underground Facilities- general........................................................ 4.3 Not Shown or Indicaed...............................4.3.2 Protection of ........................................ 4.3, 6.20 Article or Paragraph Number Shown or Indicated ........................ .... ......... .......... 4.3.1 TechmicalData ........... ............................... ...4.2.2 Preconstruction Conferencq.......................................2.8 Preliminary Matters .................................................... 2 Preliminary Schedule&..............................................2.6 Premises, Use of ............................................. 6.16-6.18 Price, Change of Contract...... I I ..................... . ............ I I Price, Contract --definition of..................................1.11 Progress Payment, Applications for ..........................14.2 Progress Payment--retainage...................................14.2 Progress schedule, CONTRACTOR's,........... 7.6, 2.8, 2.9, ................. I............... 6.6, 6 29. I0.4, 15.21 Project -definition of .............................................. 1.31 Project Representative-- ENGINEERs Status During Constructictt............ .3 Project Representative, Resident --definition of .........1.33 prompt payment by OWNER.....................................8.3 Property Insurance-- Additional.........................................................3.7 general5.6-5.10 Partial Utilization................................5.15. 14.10.2 receipt and application of proceedg............ 5.12-5.13 Protection, Safety and..............................6.20.6.21, 13.2 Punch list......................................_.........._.......!.4.11 Radioactive Material-- defmtion of ............................. _..................... .1.32 general4.5 OWNER's responsibility for., ................... ......... lo.10 Recommendation of Payment................14.4, 14.5, 14.13 Record Documents........................................6.19 14.12 Records, procedures for maintaining, ......................... 2.8 Reference Points ............................ _........................ 4.4 Reference to Standards and Specifications of Technical Societies.. ....................................... 3.3 Regulations, Laws and(or)......................................6.14 Rejecting Defective Work ............................... _......... 9.6 Related Work -- atSite........................................................7.1-7.3 Performed prior to Shop Drawings and Samples submittals review....................6.28 Remedies, cumulative ..................................... 17.4. 17.5 Removal or Correction ofDefective Work................13.11 rental agrecnteats, OWNER approval required .... 11.4.5-3 replacement of ENGINEER, by OWNER,,,,,,,,,,,,,,,,,,,, 8.2 Reporting and Resolving Disc-epancics................................2.5. 3.3.2, 6.14.2 Reports -- and Drawings ............. ................ .._ ............... 4.2.1 and Tests, OWNWs responsibility ..................... 8A Resident and Project Representative -- definition of....................................................3.33 provision for,,...,..,, xii EXX C EMMAL COTH' MOM 1910-8 (1990 EDITION) w/CITY OF FORT COLUNS MODIFICATIONS (REV 9/99) • Article or Paragraph Number Resident Superintendent. CONTRACTOWs............... 6.2 Responsibilities— CONTRACTOR's•in general .................................. 6 ENGINEER's-in general........................................9 Limitations cn.............................................R.13 OWNER's-in general ........ ...................... ............. Retainage... ....... ...... .......... .............. ............ ...... 14.2 Reuse of Documents..............................................:...3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal .........................(.25 Review of Applications for ProgressPayment; ..................................... Right to an adjustment ........................................... J0.2 Rights of Way .............................................. ........... 4.1 Royalties, Patent Fees and......................................6.12 Safe Structural Loading.........................................6.18 Safety -- and Protection................................43.2, 6.16, 6.18, ......--.._....._._...........6.20-6.21.72, 13.2 general.....................................................6.20-6.23 Representative, CONTRACTOR's.......................6.21 Samples— defulition of............... .... ........... ........................ 1.34 general......................................................24-.28 Review by CONTRACTOR................................6.25 Review by ENGINEER..............................0.26. 6.27 related Work....................................................0.28 submittal of .................. ................................... 6.24.2 submittal procedures.........................................6.25 Schedule of progress.............................2.6. 2.9-29. 6.6, ......6.29. ....aw....ing 10.4, 15.2.1 Schedule of Shop Dran....a'n-d Sa.......mple Submittals..............................2.6, 2.8-2.9. 6.24-6.28 Schedule of Values...........................-_-2.6, 2.8-2.9, 14.1 Schedules -- Adherence to..................................................J5.2.1 Adjusting...........................................................0.6 Change of Contract Timq.................................10.4 Initially Acceptable......................................2.8. 2.9 Preliminary........................................................2.6 Scope of Change.......................................103-10.4 Subsurface Conditions ........................................ 4.2.1.1 Shop Drawings -- and Samples, general ................................ 6.24-6.28 Change Orders & Applications for Payments. and ......................... I .......... ..... 9.7-9.9 definition of......................................................1.35 ENGINEER's approval of ................................ 3.6.2 ENGINEERS responsibility for review.....................................9.7, 6.24.6.28 related Work.....................................................0.28 review procedurcq..............................18, 6.24.6.28 9 Article or Paragraph Number submittal required ............................. ................. 6.24.1 Submittal Procedures ........................................ 6.25 use to approve substitutions .............................. 6.7.3 Shown or Indicated...............................................4.3.1 Site Access......................................................7.2, 13.2 Site Cleanliness......................................................6-17 Site, Visits to — by ENGINEER...._ ........................_...---.... 9.2, 13.2 byothers........................................................13.2 "special causes of loss" policy farm, insurance.............................._.........................5.6.2 definition of._ .................................. .............. J.36 Specifications— defmation of....................................................J.36 of Technical Societies, reference tp..................3 3.1 precedence, .......................... .............. ........... 3.3.3 Standards and Specifications of Technical Societies ........................................ 3.3 Starting Construction, Befarq... .......................... 7.5-2.8 Starting the Work ....................... .............................. 2.4 Stop or Suspend Work — by CONTRACTOR .............................. _........... 15.5 by OWNER ............................. ........ 2.8, 13.10, 15.1 Storage of materials and equipment ....................4.1, 7.2 Structural Loading, Safety ....................................... 6.18 Subcontractor -- Concerning, .................................... .......... 6.8-6.1 I definition of.....................................................1-37 delays..... ............................... ... .... ................. 12.3 waiver of rights................................................0.11 Subcontractors --in general.................................6.8-6.11 Subcontracts --required provision$ ........ 5.11. 6.11. 11A3 Subinittals— Applications for Payment ............................ _...14.2 Maintenance and Operation Manuals_ ............. Procedures.......................................................6.25 Progress Schedules......................................2.6, 2.9 Samples .............. ..................................... 6.24-6.28 Schedule of Values.....................................2.6, 14.1 Schedule of Shop Drawings and Samples Submissions ........ ..................... _....... 2.6, 2.8-2.9 Shop Drawings ........................................ 6.24-6.28 Substantial Completion-- eerti6cation of...........................6 30.23, 14.8-14.9 definition of.....................................................J.38 Substitute Construction Methods or Procedures......, 6.7.2 Substitutes and "Or Equal" Items, ........................... .. 6.7 CONTRACTOR's Expensq...........................6.13 ENGINEER's Evaluation6.7.3 "Or-Equal"...................................................4.7.1.1 Substitute Construction Methods EJCDC GENERAL COMMONS 19104 (1990 EDITIOM Wi CITY OF FORT COLLINS MODIFICATIONS OtEV 9199) Article or Paragraph Number or Procedures .............................................. 6.7.2 Substitute Items 6.7.1.2 Subsurface and Physical Conditions - Drawings of, in or relatng to .........................1.2.1.2 ENGINEOVs Review 4.2.4 general................................ ............................. 4.2 Limited Reliance by CONTRACTOR Authorized ..... .................................. ........ 14.2.2 Notice of Differing Subsurface or Physical Conditions .............................. _ ........ 4.2.3 Physical Conditions .......................................4.2.1.2 Possible Contract Documents Change ...............4.2.5 Possible Price andTimes Adjustments ...............4.2.6 Reports and Drawings._ ............... ............. ..... 4.2.1 Subsurface and, ........................ . ..... ................... 4.2 Subsurface Conditions at the 4-2.1.1 Technical Data ............. _.4.2 2 Supervi sion- CONTRACTORs responsibility..._,-,,,__„ .... ......... �.I OWNER shall not supci-visq ................................8.9 ENGINEER shall not supervisq ..... ........... 9.Z 9.13.2 Superintendence ............ ............................. ...... 0.2 Superintendent, � ...............0.2 Supplemental costsk ..............................................11.4.5 Supplementary Conditions - definition of .................. ......... ........................ J.39 principal references tq ................. 130,138.2.2,21, 4' ") 4.3, 5.1, 5.3, 5.4, 5.6-5.9, ....................... . .......... -5.1116.9, 6.117.4. 9.11, * ............... 9.3, 9.10 Supplementing Contract Document,......................... 3.6 Supplier - definition of.....................................................1.40 principal references tQ.... ....... 3.7, 6.5,684.11, 6.20, ........ * ... ... * .............. . .... 6.24,9.13,14.12 Waiver of Rights ............................................... 0.11 Surety - consent to final payment, ....................... 14.12.14.14 ENGINEER has no duty to ................................ 9.13 Notification of ............... ............. .... 10.1,10.5.15.2 qualification of ..................... ......... ............. 5.1-5.3 Survival of Obligations ........................................... 6.34 Suspend Work, OWNER May ....................... 13.10,15.1 Suspension of Work and Termination .......................15 CONTRACTOR May Stop Work or Term inate. .............................................. 15.5 OWNER May Suspend Work ..............................15.1 OWNER May Tenninate; ............................ 15.2-15.4 TaNes-Payment by CONTRACTOR ........................4.15 Technical Data - Limited Reliance by CONTRACTOR . ................4.22 Possible Price and Times Adjusament4 ..............4.2.6 Reports of Differing Subsurface and Physical Conditions ....................................4.23 3 xiv Temporary construction facilities. - I ... ... ---4.1 Article or Paragraph Number Termination - by CONTRACTOR ........................................... )5.5 by OWNER ........................................8.8, 15.1-15.4 of ENGINEER3 employment ...............................$.2 Suspension of Work-in general .............................15 Terms and Adjectives .................................. I ............ 3A Tests and Inspections - Access to the Work, by others ...........................13.2 CONTRACTOWs responsibilities ...................... J3.5 cost of 13.4 covering Work prior to ................... .......... 13.6-13.7 Laws and Regulations (or)........................... -.13.5 Notice of Defects ..............................................13.1 OWNER May Stop Work........_._--- ........... _--13.10 OWNER's independent testing ..........................13.4 special, required by ENGINEER ........................ 9.6 timely notice require.......................................13.4 Uncovering the Work, at ENGINEER!s request ................................................ 13,8-13.9 Times - Adjusting .......................................................... 4.6 Change of Contract ............................................ ..................**.......*....*.....*... 12 Computation of...............................................17.2 Contract Times --definition 4 ...........................1.12 day- , - ........ ........ ..............................17.2.2 Milestones..........................................................12 Requirements - appeals ......... __ ................ . .................. 9.10,16 clarifications, claims and disputes .................. 9.11, 11.2, 12 Commencement of Contract Times ............... :2.3 Reconstruction Conference ............................2.8 schedules ......................................... ;2.6,19,6.6 Starting the Work.........-_ .......... - . ...... ........ 2.4 Title, Warranty of...................................................14.3 Uncovering Work ............................................ 13.8-13.9 Underground Facilities, Physical Conditions - definition of ....................................................1.41 Not Shown or Indicated...-_.... _ _. ...... - ......... 4.3.2 protection of .... ......................... - ...... A3, 6.20 Shown or Indicated, .........................................4.3.1 Unit Price Work - claims......................................................... 11.9.3 definition of .....................................................1.42 generall 1.9,14.1.14.5 Unit Prices- gencra111.3.1 Determination for 9.10 Use of Remises.................................6.16. 6.18, 6.30.2.4 Utility owners ............................6.13, 6.20, 7.1-7.3, 13.2 Utilization. Partial ...................1.28. 5,15. 6.30.2.4. 14.10 Value of the Work ..................................................11.3 Values, Schedule of.._....... ................... 7-6. 2.8-2.9.14.1 EJCDC GENERAL CONDITIONS 1910-8 (IM EDITION) W/ CITY OF FORT COLLINS MODWATIONS (REV 9/99) Variations in Work --Minor Authorized. ....................................... 6.25, 6.27, 9.5 Article or Paragraph Number Visits to Site--byENGINEER...................................9.2 Waiver of Claims --on Final Payment .....................14.15 Waiver of Rights by insured partiq..................j.l1, 6.11 Warranty and Guarantee, General --by CONTRACTOR ................................... . ............0.30 Warranty of Title; CONTRACTOR's........................14.3 Work— Accessto...........................................................13.2 byothers ................................... I ... I ....... I.............. 7 Changesin the.....................................................10 Continuing the..................................................0,29 CONTRACTOR May Stop Work or Terminate...............................................j5.5 Coordination of..................................................7.4 Cost of the.................................................11.4-11.5 definition of ......................... .. ... ....................... .1.43 neglected by CONTRACTOR...........„ ...............13.14 otherWork... .......................... . ..... ....................... 7 OWNER May Stop Work ............... .-................ 13.10 OWNER May Suspend Work...................13.10, 15.1 Related, Work at Sitq....................................7.1-7.3 Starting the. ......... ............................................. 2.4 Stopping by CONTRACTOR.............................1.5.5 Stopping by OWNER.................................15.1-15.4 Variation and deviation authorized, minor ......... ..3.6 Work Change Directive — claims pursuant to.............................................J0.2 definition of ............................ ........................1.44 principal references to......................3.5.3, 10.1-10.2 Written Amendment -- definition of......................................................1.45 principal references tq..............1.10. 3.5. 5.10,15.12, .........................0.6.2, &U, 6.19, 10.1, 10.4, 11.2, 121, 13.12.2, 14.7.2 Written Clarifications and Interpretations...................................3.6.3, 9.4. 9.11 Written Notice Required — by CONTRACTOR.............................7.1, 9.10-9.11, 10.4. 11.2. 12.1 by OWNER .................... 9. 10-9.11, 10.4, 11.2, 13.14 .33 0 LU)C MNSIAL CONDITIONS 1910.9 (19% EDITIOM w/ CITY OF FORT COLLINS AtODMCATIONS (REV 9/99) 0 9 • SECTION 00020 INVITATION TO BID (This page left blank intentionally) svi EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w1 CITY OF FORT COLLINS MODIFICATIONS (REV 9199) E LJ • 1[O7i75i3 r �l_�L�J Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which arc applicable to both the singular and plural thereof. 1.1. Addenda -Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement -The written contract between OWNER and CONTRACTOR covering the Work to be performed: other Contract Documents are attached to the Agreement and made a part thereof as provided therein 1.3. Application 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 --Arty material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current fiction levels established by the United States Occupational Safety and Health Administration. 1.5. Bid -The offer or proposal of the bidder submitted an the prescribed form setting forth the pries for the Work to be performed. 1.6. Bidding Docionents-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. Bid&ng Requirements -The advertisement or invitation to Bid. instructions to bidders, and the Bid form. I.S. Bonds -Performance and Payment bonds and other instruments of security. 1.9. Change Order -A document recommended by ENGINEER, which is signed by CONTRACTOR find OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement 1.10. Contract Documents -The Agreement. Addenda (which pertain to the Contract Documents), CONfR.ACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed the Bonds, these General Conditions, the Supplementary Condtions, the Specifications and the Drawings as the Etcnc oe mat, coluumom 1910a (1990 Edtmm w/ CITY OF FORT COLLINS MODIFICATIONS (REV V2000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives. Field Orders and ENGINBER's written interpretations and clarifications issued pursuant to paragraphs3.5, 3.6.1 and 3.6.3 on or after the Effective Date of the Agreement. Shop Dmwing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1 and 4.2.2 are not Contract Documents. 1.11. Contract Price -The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stared in the Agreement (subject to the provisions of paragraph 119.1 in the case of Unit Price Work). 1.12. Contract Times -The numbers of days or the dates stated in the Agreement•. () to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR --The person, firm or corporation with whom OWNER has enteral into the Agreement 1.14. defective -An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in ft Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.5 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. E•QecHve Date of the Agreement -The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER -The person, firm or corporation named as such in the Agreem ent. 1.18. ENGINEER's Consultant --A person, fum or corporation having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order -A written order issued by EIVGTNEER which orders minor changes in the Work in accordance with Paragraph 9.5 but which does not involve a change in the Contract Price or the Cotract Times. 120. General Requirements —Sections of Division 1 of the Specifications. 1.21. hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. i 22.a, Lairs and Regulations; Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction 1.221. Lefal holidavrshall be those holidays observed by the Citv of Fort Collins. 1.1_3. Liens —Liens, charges, security interests or encumbrances upon real property or personal property. 124- A4ilesrone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice of.4ward—A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to nun and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents 1.27, OWNER —The public body or authority, corporation, association, Cum or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 128, Partial Utilisation —Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 129. PCBs —Polychlorinated biphenyts. 1.30. Petrokwn—Petroleum, including crude oil of any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non -Hazardous Wastes and crude oils. 131. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32.a. Radioactive Material —Source. special nuclear, or byproduct material as defined by the Atomic Energy Act of EXDC GENEM CONDMOM 1910-9 (1990 Ee6tku) wi aTY OF FORT COU INS MODIFICATIONS (REV 42000) 1954 (42 USC Section 2011 et seq) as amended from time to time. 1.32.b. Rexular Woddne Hours-Rc;wlar working hours are defined as TOO= to 6;00pm unless otherwise ipecifed in the Genersl Requirements. 1.33. Resident Project Representative —The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples —Physical examples of mateiaL& equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged 1.35. Shop Drawings —All drawings, diagrams, illustrations, schedules and other data or i nfomnation which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications —Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor —An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Wok at the site. 1.38. Substantial Completion --The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the putposes 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 ENGiNF.ER'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 Subsantial Completion thereof 1.39. Supplementat), Conditions —The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier --A manufacturer, fabricator, supplier, distributor, materialman m vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Underground Facilities -All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any ericascments containing such facilities which have been installed underground to furnish any of the following services or • • 0 materials: electricity, gases, steam, liquid petroleum products, telephone or other communication, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. That Price Work -Work to be paid for on the basis of unit prices. 1.43. Work --The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and mcorpnrnting materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. 1.44. Work Change Directive -A written directive to CONTRACTOR issued on or after the Effective Date of the Agreement and sighted by OWNER and recommended by ENGINEER, ordering an addition deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties esTJeet that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiation by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Written Amenakwnt-.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 or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2-PREY 1MtNARy MATTERS DeGvoy of Bondc 11. When CONTRACTOR delivers the executed Agreements to OWNER CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to famish in accordance with paragraph 5.1. CopiesofDoerrm mts• 22 OWNER shall furnish to CONTRACTOR up to tarn copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request. at the cost of reproduction Commencement of Contract Times; Notice to Proceed 2.3. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, EJCDC GENERAL COMATIONS 1910-6 (1990 Edition) w•/ CITY OF FORT COLUM MODIFICATIONS (REV 4/2000) if Notice to Proceed is given, on the day indicated m the Notice to proceed. A Notice to Proceed may be given at any time within thiriy days after the Effective Date of the Agreement.L C;s"4F,wi Tim is of-Bid-openingor-the thirtieth day -after -the Efleotive-Date of the tlgreemenkwhichever-dnte is earlier: Starting the Work. 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Tunes commence to tw16 but no Work shall be done at the site prior to the date on which the Contact Times commence to run Before Starting Constmdion: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shah not be liable to OWNER or F,NGTNFFR for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten dayyss after the Effective Date of the Agreement (unless otherudse specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 2.6.2.1. In no ease will a schedule be acc �ble which allows less than 21 calendar days for each review by Engineer. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction- Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7, Before any Work at the site is started. CONTRACTOR and AW#+TiR shall oath deliver to the etlxtr OWNER with copies to each --Add itiori-svwred identifies'..--n the cupplementarv-Conditions ENGNEF.R. certificates of insurance (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with p aragmphs 5.44,6and 5-7, Preeonstruction Conference: 2.8. Within twenty days after the Contract Times start to mar, but before any Work at the site is started, a conference attended by CONTRACTOR, II1TGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Initially Acceptable Schedules., 2.9. Unless otherwise provided m the Contract Documents, a! leRA _ ,_ _ c__r___ _ ... _ oche r.f. t before any work at the site beairtg a conference attended by CONTRACTOR, ENGINEER and others as to desienatod try OWrNER. will be held to review oraf acaPtability to ENGINEER as provided below the schedules submitted in accordance with pzrragraph2.6. a1>d DlvJlsjoll 1 -General RequtrementtE CONTRACTOR shall have an additional ten days to make corrections and adjustments and to orimplete and resubmit the schedules No )rogress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providutli; an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Wort: nor interfere with or relieve CONTRACTOR from CONTRACTOR's full resptmstbt7ity therefor. CONTRACTOR'S schedule of Shop Drawing and Sample submissions will be acceptable to EN YINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR's schedule of values will be aocepaable to ENGINEER as to form and substance. ARTICLE 3—CONTRACT DOCUMENTS: JNfENT, AMENDING, REUSE Intent: 1L The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary• what is called for by one is as binding as if called for by all. The Contract Documcrtts 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 E)CDCOENEM CONI)MOM 1910-8 (1990 E&ttm) w! CITY OF FORT COI.W NS MODIFICATIONS (REV 412000) describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work. materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically, called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to &andardr and Specifications of Technical Societies, Reporting and Resolving Discrepancies: 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of opcnin$ of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. IC 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 emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragmph 3.5 or 3.6; provided however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity or chs epancy unless CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph35 or 3.6. the provisions of the Contract Docuanents shall take precedence in resolving any conffia, error. ambiguity or discrepancy between the provisions of the Contract Docummenis and: 3.3.3.1. the provisions of any such standard specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or • • 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER. or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the famishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provns of paragraph 9.13 or any other provision of the Contract Documents 3A. Whenever in the Contact Documents the terms "as ordered", "as directed", "as required", "as allowed" "as approved' or terms of like effect or import are used or the adjectives "reasonable", "suitable", "acceptable" "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall nor be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amending and & pplement6tg Contract Documents 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or EICDC GENERAL COMMONS 1910-8 (1990 Edda) cot CITY OP FORT COLLINS MODIFICAMNS (REV 4/2000) 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 and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6,27). or 3.6.3. ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4). Reuse of Documents.' 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGTNEER's Consultant, end (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER ARTICLE 4-AVAILABILITY OF LAIRDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Araitabi6ty of Lands: 4. L OW,N13R shall famish as indicated in the Contract Documents, the lands upon which the Work is to be performed rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR Upon -reasonable writtenregt est ur giving- notice -such-lands.-in OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Wort:. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR and OWNER are unable to agree of entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rightsof- way or easements. CONTRACTOR may make a claim therefor as provided in Articles I I and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2 .Subsurface and Physical Conditions., 4.2.1. Reports and Draxings.• Reference is made to the Supplementary Conditions for identification of 4.2.1.1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents, and 4.2.12. Physical Ca &dons. 'Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documnents. 4.2.2. Limited Reliance by C0N7R4C70R Authorized' Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Comma Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 42.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including. but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 42.2.2. other data, interpretations, opinions and information contained in such reports or shrnvn or indicated in such drawings, or 42.23, any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information 4.2.3. Notice of Differing Subsurface or Physical Conditions: if CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either. 4.2.3.1. is of such a nature as to establish that any "technic) data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate. or 42.32. is of such a nature as to require a change in the Contract Documents, or 42.3.3duffers materially from that shorn or E1CDC GEI*AAL CONDITIONS 191 M t I990 Edition) w! QTY OF FORT C1OI.1.1 NS MODn7CA'riONS (REV V2000) indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, pFefapdy immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as ppeerrmmfitted by paragraph6231 notify OWNER and ENGR,MER in writing about such condition. CONTRACTOR shall no further disrurb such conditions or perform arty Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. ENGINEER's Review: 24GINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Documents Change: If ENGINEER concludes that a change in the Contract Documents is required as a result of condition that meets one or more of the categories in paragraph 4.23, a Work Changge Directive or a Change Order will be issued as prrn�ided in Article 10 to reflect and document the consequences of such change. 4.2.6. Poesible Price and Dmess Adusbnents: An equitable adjustment in the Contract Price or in the Contract Times, or both will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTORs cost of, or time required t'or performance o[ the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 42.3.1 through 42.3.4, inclusive; 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final cornmitment to OWNER in respect of Contract Price and Contract Times by the • 0 submission of a bid or becoming bound under a negotiated contract; or 4.2.6.42 the existence of such condition could reasonably have been discovered or revealed as a result of any ceaminatico, invcstigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contact Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 4.2.6.4.3. CONI'RACI'OR failed to give the written notice within the time and as required by paragraph 4.23. 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 Tunes, a claim may be made therefor as provided in Articles I I and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall no be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project 4.3. Physical Conditions -Underground Facilities: 43A. Shown or1ndcare& The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 43.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.12. The cast of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documcnts,(iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and Protection of all such Underground Facilities as provided in panegraph6.20 and repairing any damage thereto resulting from the World. 4.32. Not Showw or Indicated: 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, prur�p�{y immediately aQer becoming aware thereof and before further disturbing conditions affected thereby or Performing any Work in connection therewith (except in an emergency as required by paragraph6.23). identify the owner of such Underground Facility and EJCDC GENERAL COND1TIONS 1910-8 (1990 Edltim) N/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) give written notice to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Underground Facility and determine the extend, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. if ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the e>tent 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 c),Txted to 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 adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER'S Consultants shall no 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 provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Wok. shall pprotect and preserve the established reference points and sha11 make no changes or relocatiom without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point is last or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum,11azzwdous Waste or Radioactive Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or pro}xe.+y rty oscd thereto in connection with the Work at thhee sine. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR. Subcontractors, Suppliers or anyone else fur whom CONTRACTOR is responsible. 46.-2—CONTRACTOR shall -irafnediately.--(1)-stop all Butch-notico--in-writit :—<3WP:lil2--shall-promptly consult with E1vGINEERconcernme the -necessity for OWNER to retain a qualified-expett to evaluate such haard('Ri ove-askor; _ any-. CON=t'RACTOR shall -not be-xquited to remma-Work many ._A am ..td .. ,,:1 ..ns r,rrl;Eg I. ...aa..:...,i any -required permits -related-thereto•-and delivered to thm-mcivcorAmonand any-al%cted-amm-KA -been .ndeFed safe f__ the C0l4TIF4CA .__.. as ,o entitlement-to-vr OGW-MAGFOR *Nx_ not agree to resume such -work conditions, tL=NFiIt-may-or: hen-�fAF,^ionttf condition nr um such R&�d area to be deleted fFem Ilia A'Odf If r,nnn:o and rnnrrunPTno GAME) tigree-as-to-enutlementto oFlheentawnt orehtent-of-aFl adjustment: if ._ n Goniraet Price e_ Getweet T:_. �.. either party -may -make" clyddn portion -of -the -ltiork-perfomied-by-OAEN 9-own forcxss.x others inaccoednrtce-withlltFicle-7, 4.5 • To the fuRest e .ti ed by T d RegulationsF-GWKER- -shall-indamnify - and -hold hattnless CONTRACTOR —Subcontractors: officers:�iiracters--etnployaes—agents;--other ozs»sulwrt4v-rtnd-ruhccx+tracirtrs-ail' each and --any -of them- from ousel against losses --and oosk loss o damage is auributable-to bodily-inJ includine-the -loss -of-use -rasultirtg-ihareEirnn; and (ii)-nothin6-in this subparagraph -4:5:4-shall -obligate OWNER-Ki-indemnify-arewrsun-orentity- ffom-and own negligence: ffal9rMaterial Ufl09V4e0 EJCDC 004EM COMMONS 1910-9 (1990 Editioa) w/ QTY OF FORT COILINS MODIFICATIONS (REV 4lr000) ARTICLE 5-BONDS AND INSURANCE Performance, Payment and Other Bonds., 5.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTORS obligations under the ___-Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by I.RMS Cyr Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shell be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureLtes as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinnving Companies" as published in Circular570 (amended) by the Audit Staff, Bureau of Government Fvlanciah Operatiom, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.2. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 51, CONTRACTOR shall within tcn days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER 5.3, Licensed SureBev and Insurers; Certiftoatea of Insurance., 5.3.1. All Bouts and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required Such surety and insurance compxaues shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or arty other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5-4. OWNER -shall additiomV-imvred-ideraefied-in ementary C-aFaliiieffi, ap;;ifiag: of in OF or-H reytntedte-purcha'a-anti' I pamgaphs-5 and-5-7 hereef 0 CONTPUCTOR's Liability Insurance.- 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furs shing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or famish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, occupational sickness or disease. or death of CONTRACTOR'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; 344 olatm$ for damages -insured -by --customuy tndir,ealy-releted 'ne le employment ofsuch-per an -by pLFsan few-afty ether reesen; 5.4.5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7 with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9, include as additional insureds (subject to any customary exclusion in respell of professional liability), OWNER, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Condition& all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insurcds: 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 operations insurance; ercoc OENEM coFmrnoNS 1910-8 (1990Editim) w/ CITY Of FORT COt.l.IM9 MODIFICATIONS (REV 42000) 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs6.12. 6.16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been giver[ to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be cotrecting, removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any, insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OR?VER's Liability Insurance: 5.5. in addition to insurance required to be provided by CONTRACTOR under paragraph 5.4. OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own lability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents Properly Insurance: 54. '3 less-othetwise provided in--the-Supplemeniary Corditto s: - OWNER -shall - purchase--and-matmtein preperi vr;ur fie shrV4I.k at ?he site in Lhe afflount of -the -full replacement cost-ihereof-(subjaut--to-such dedudible-amour4s .ins---may-ba-}save<lnd-e-iFa Supplementary Conditions-or--required---by-Laws--end Regulation) This insurrinoeshall: 5.6,1—include the interests-- of. OWNER. GQNT4?6�, rikxentrxkois. P W, P TgBR; entinies-identified- in-the-Supp"niary -Conditions, each -of-whcerris4eemed-it, have an -insurable -interest and sdittll-ba IisAad-e6 an -insured or-additiemilansuaad. 5.6:2:- be written. on. -a Buildds...Risk=all-risk"-or _ c.. thefefbw+<^'„�: :re; 4rghtnFns ate Qaa^"