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HomeMy WebLinkAbout102136 KORBY LANDSCAPING LLC - CONTRACT - BID - 8279 MULBERRY BRIDGE URBAN DESIGN & LANDSCAPINGCity of Fort Collins Purchasing SPECIFICATIONS ► lJ Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 jcgov. com/parchasing CONTRACT DOCUMENTS • -� MULBERRY BRIDGE URBAN DESIGN & LANDSCAPING BID NO. 8279 PURCHASING DIVISION ^ 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS �/l APRIL 11, 2016 - 3:00 P.M. (OUR CLOCK) responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. construction is specifically and expressly called for by the Contract Documents) or w safety precautions or programs incident thereto. The review and approval of a se to item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make correction 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 Idled for by ENGINEER on previous submittals_ 6.27. ENGINEER's review and approval of Shop Drawings 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 Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph2.9, any related Work performed prior to ENGINEERS review and approval of the pertinent athmittal will be at the sole expense and responsibility of CONTRACTOR Continuing the Work• 6.29. CONTRACTOR shall carry on the Wort: and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing, 630. CONMACTOR's General Warranty and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEERS 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 causal by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR Subcontractors or Suppliers; or 630.1.2. 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 omstitute an acceptance of Work that is not in EXMC GENEM CONATIONs 1910-8 (1990 Edition) MI CITY OF FORT COLUNS MODIFICATIONS (REV V1000) accordance with the Contract Documents or a release of CONTRACTORS obligation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 630.2.2 recommendation of any progress or final payment by ENGRQIER; 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: 6.30.2.6. any review arxl approval of a Shop [hawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13. 6,30.2.7. any inspection, test or approval by others; or 6.30.2.8. arty correction of &fective Work by OWNER Indemnification: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER ETIG=, -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 (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, test, 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 itseli), 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 famish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is irnposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In any and all claims against 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, arty 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 paragraph6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit ads or other employee benefit acts 6.33. The indemnification obI tons of CONTRACTOR under paragrdph6.31 shall not extend to the liability of ENGINEER and ENGINEER's Consultants. officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Sw-Mul of 041fgatiotm 6.34. All representations, indemnifications, warranties and guarantees made in. required by or given in accordance with the Contract Documents, as well as all omtinuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement, ARTICLE 7—OTHER WORK Referred Work, ar Sire: 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 Gcnncml Conditions similar to these, or have other work performed by utility owners. If the fact that such other wort: is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting arty such other work and (ii) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are ratable to agree as to the am taunt or extent thereof. 71 CONTRACTOR shall afford each other contractor who is a party to such a direct cataract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNER's 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 dirties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are compamble EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 18 wl CITY OF FORT OOI.IJ NS MODIFICA LIONS (REV 42000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 73. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEM in writing any delays, defects or deficiencies an 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. CoorrHnadon: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such authority and responsibility will be itemized; and 74.3. the extern 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—OWNERS RESPONSIBELITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGINEER. OWNER shall appoint an engineer aVirv. whom -CON -TRACTOR mskta-na-reesormble-eb�iom whose status under the Contract Documents shall be that of the former ENGINEER. 83. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands - and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface con1 ons 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. ,1. liability Nod PFel forthhin-paragraphs3:5-throur„J -54-0: 8.G. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OW'NER's responsibility in respect of certain vupa:tions, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNEWs right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. 8.9. The OWNER shall nor supervise, direct or have control or authority over, n be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto• or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or famish the Work in accordance with the Contract Documents. S.H. if and to the extent OWNER li-s—t-H- Aitni-h ('('API DArrnu Mai.- .:.e_,7 a.... a..,._GiRl arrotngaments—llevr-burl--made--to—satisfy--9 W NFR's rusponsibi}icy in-Fewat-thereof-will-beasset-feA-in-the Suppleatentary Conditions. ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION 01VAER's Representative: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's represealtative during construction are set forth in the Contract Documents and shall not be extended without written content of OWNER and ENGINEER. Vraits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design profestiomal the progress EJCDC OENERAL CONDITIONS 1910E (1990 Edaim) w4 CITY OF FORT COLLINS MODIFICATIONS (REV 41200(3] that has been made and the quality of the various aspects of CONTRACTOR's executed Work Based at 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 Documems 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 suds visits and on - site observations, ENGINEER will keep OW[v'ER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINEER's visits and on -site observations arc subject to all the limitations on ENGINEER's authority and respoustbility set forth in paragraph 9.13, and particularly, but without limitation, d= or as a result of ENGINEERS on -site visits or observations of CONTRACTOWs Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONfRACTOR's meant, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. Project Represenmdve: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Projcct Representative to assist ENGEdEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident A cject Representative and assistants will be as provided in paragraphs 9.3 and 9.13 and in �ha 8"plameflaa Gonditions of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in fie Stipplemen� Q3. of these General Conditions If the ING furnishes It Resident pro Iect eR[ yYS (ti>3�1 or other aecidnni¢ or if the OWNERates a Reorts in parentative or agent, all as provided paragraph 93 of the General Conclilions the Repre tativ_es shall have the authority, and limitations a4-prqvi� 4Lin pera 9.13 of the General Conditions and shall be subject to the following: 93.1. The Representative's dealings in matters Pertairtarg to the nn-cite work W in serener be with the ENGINEER and CONTRACTOR But the Rye rase rLaative will keep the OWNER,�roperly advised about such matters. The Reemesentative's dealines with subcontractors will ondy be through or with the frill knowledge and atmroval of the CONTRACTOR. 932. Duties and Rcspgrisibilities. Representative will: 9.3.2.I.Schedules - Review the oraLress 19 schedule and other schedules prepared by the CONTRACTOR and consult with. the ENGLN-EER concemmg acceptability. 9.3.2.2. Conferences and Meeting - Attend meetim with the CONTRACTOR such as preroonsCttMion conferences, progress meetings and other iob conferences and prepare and circuktc copies of minutes o_ ( meetings. 93.2.3. Liaison 9.3.211 Serve as ENGINEER'S liaison with CONTRACTOR waking principally through COWRACTOR5 superintendent to assist the CONTRACTOR in understanding the Contract Documents. 93.2.3.2. Assist in obtairung from OWNER additiaml details or information when required. for proper execution of the Work. 9.3.2.3.3. Advise the ENGINEFR and CONTRACTOR of the commencement of am Work requmnS a Shop Drawrtlg or samn]e submission if the submission has not bcm approved by the ENGINEER 9 3 2 4.Review of Wal Rajgyg�4t vS Work. Inspections and Tests - 9.3.2.4.1. Conduct on -site observations of eto assist the ENCIDMER in determirmuz at the Work is proceeding in accordance with the Contract Documenft 9.3.2.4.3. Accompany visitira inspectors represent S public a other agencies having tyr sd ctiM pyu the v ect.record the results of these insooctions and report to the ENGAiEER 9.3.2.5. Integsetation of Contract Documents. Roport to ENGR4MR when cLvffications and u temretationc of the Contract Documents are needed and transmit to CONTRACTOR ctanfication and inurQrctation of the Contract Documents as isoed by the ENGINEER 93.2.6. Modifications. Consider and evaluate CONTRACTOR'S suggestions for EXDC GENERAL COMMONS 1910-8 (1990 Edtim) 20 w( CITY OF FORT COLLINS MODIFICATIONS (REV 42000) modificatioxx in Drawines or Specifications and report these recomm --_lions to_FNNGWEER; Acctuately uwmnit to CONTRACTOR decarons issued by the ENGINEER 9.3.2.T. Records, 93.2.8.1. Fumy ENGINEER periodic rues required of the r es of the Work and of the CONTRACTOR'S ccmplancc with the m=es schedule and schedule of shop Drawing and sample submittals. 9.3.2.8 2. Consult with ENGRUM—i advance of scheduling mar tests, inspections or start of important phases of the Warty, 9.3 2-8.3. Draft proposed Change Orders and Work Directive Change& obtainin backup mataisl Crow the CONTRACTOR and recommend to ENGINEER Change Orders Work Directive Chames and field criers. 932.8A. Report inaxnedigely to ENGINEER and OWNER the occmm= o[ amp accident. 9 3 2 9 Payment Requests. Review applications for paymcm with CONTRACTOR for compliance with the established procedure for their submission and forward with rerbmmendation to ENGINEER notma DRnicularly the relationship of the payment guested to the schtdule of valtle- work completed and materials and cauiument de'vered at the site but not incorporated m the Work. 93.2.10. Completion. 9.3.1101_ Before FGINEER igues a Certificate of Substantial Completion submit to CONTRACTOR a list of observed items rrec uirina correction or completion 9.3.110.2. Conduct final inspection in the company of the ENGINF,ER, OWNER and CONTRACTOR and re re a final list of items to be corrected or completed. 9.3.2,10.3, Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concerning acceptance. 93.3. Limitation of Authonity: The Representative shall not: 9.3.3.1. Authorize any deviations from the Contract Documents or accept env substitute lrlatitAal�or CqSTiP�ngt161klLeP.!?1�1RSI_�Y_S4 ENGINEER 9.3.3.2. Exceed limitations of F,NGINEEWS authority as set forth in the Contract Documents, 9.3.3.3. Undertake any of jhq rmponaibilities of the CONTRACTOR Subcontractors. or Q 1RAC1'OR S ettperintendkpl, 93.3.4. Advise on or issue directions relative to, or assume control over any arced oC the moans, methodx techniques. sequences or procedures for _ Qn=Ftion unless such is specifically called for in the Contract Documents. 9.3.3.5. Advise on or issue directions regatsiillg a assu n- control ovei_slt 'gt�+ n ecautions andpromams in cam actions with the 9.3.3:6. Acce tShop Dcavn_"n�s_ or sample submittals bran anyone other than the QQBjEACTOR 9.3.3.7. Authorize OWNER to occupy the Work in whole or inp� 9.3.3.8. Particioate in specialized field or labomtory tests or vtsoections conducted crccpt As_sifi®lly_ authorized ; NGL 1 EER Chuifreatians and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the LICDC OEMUM CONDITIONS 191" (1990 Edtiao) V C11Y OF FORT COt.W NS MODIFICATIONS (REV 42000) requirements of the Contract Documents (in the torn[ of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thcreo( if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I 1 or Article 12. Authorized Ntriationsin Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an ad ustment in the Contract Price or the Contract Times and t� parties are unable to agree as to the amount or eaters. thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I or 12. Rejecting Defective Wor4r 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated installed cc completed Shop Drawings, Change Orders ondPaymenrs 9.7. In comtection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEERS authority as to Change Orders, we Articles 10,11, and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment, we Article 14. Determinations for Unit Prices 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR ENGINEER will review with CONTRACTOR the ENGINEM's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from EGINEER'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 (h) if no such Dispute Resolution Agreement has been entered into. a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGWEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR Such appeal will not be subject to the procedures of paragraph 9.11. Dedsions on Digatter: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event pater 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 sboy days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate dam in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimants 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 (i) 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 bate of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulation; within sixty days of the date of such 92 E10DC OE'NE2AL CONDITIONS 191"11990 Editim) w10 rY OF FORT COLLINS MODn9CA'rIONS (REV42000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR 9.12. When functioning as interpreter and judge under paragraphs 9. 10 and 9.11, ENGINEER will not slow partiality to OWNER or CONTRACTOR and will not be liable m connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINL^ER 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 pamgmph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter-pntsastti-te AFUele-16. 9.13. Limitations on ENGMEER's Amthority and Reybnsi6i11des. 9.13.1. Neither ENGINEER's authority or responsibility under this Article 9 or under arty 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, any Supplier, any other person or organimirion, or to any surety for or employee or agent of any of them 9.132. ENGINEER will not supervise, direct, come] or have authority over or he responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety - precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier. or of any other person or organization performing or furnishing any of the Wort:. 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 Contact Documents 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants. ARTICLE 10—CHANGES IN THE WORK 10.1. With ittvalideting 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 Charge Directive, a claim may be made therefor as provided in Article i 1 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 nut required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6, except in the case of an emergency as provided in paragraph 6.23 or in the cast of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work tinder paragraph 13.13 or correcting defective Work under paragraph 13.14. or (iii) agreed to by the parties; 10.4.2. charges 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 ptusuam 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 appeaI , dd CONTRACTOR shall carry on the Work a 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 EJCDC (3ENERiu, (ONDITIONs 1910-s (1990 edtiai) w/ CITY OF FORT COLGNS MODIFICATIONS (REV 411000) (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, 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 OFCONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to authorimil adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken b} C<)NT1tACTOR shall l at C.ONTRACTOR's expense without change in the Contract Rice. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Arty claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless hNGiNEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which 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 paragraph9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Oyler or of any 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 wit 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 11.6.2). 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 paragraph 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 costs necessarily insured 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 in 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 itemized in paragraph 11.5: 11.4.1.Payroll costs for employees in the direct employ of CONTRACTOR in the perfomtance of the Work tinder 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-time on the Work shall be apportioned on the basis of their time spent on the Weak. Payroll win shall irtcAt butna be limited to; salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health artdretirement benefits; -bonuses; applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Stmdmv 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 transportation and storage thereof, and Suppliers field services required in connection therewith All cash discounts shall accrue to CONTRACTOR unless OWNER deposits fiuuis 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 tiom sale of surplus materials and equipment shall accrue to OWNER 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 reclurred by OWNER, EXDC OENF COMMTIOM 1910-9(1990 Edition) 24 wl CITY OF FORT COLD M MODIFICATIONS n-V 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 it to be paid on the basis of Cost of the Work plus a fee, the Subcontractors 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 l l .4, 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 casts including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONfRACTOR's employees insured in discharge of duties connected with the Work. 11.4.5.1 Cost including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities iu the site and hand tools not owned by the workers, which arc consumed in the performance of the Work, and cast less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals 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 Work. 11.4.5.4. Sales, cdmsumner, 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 royalty payments and fors 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 losses and damages within the deductible amounts of pro rty insurance established by OWNER in accordance with paragraph 5.9), provided they have resulted fran causes other than the negligence of CONTRACTOR, any Subcaamotor, or anyone direcdy or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER No such losses, damages and expenses shall be included in the Cost of the Work far the purpose of determining CONTRACTOR's fee. It however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thermfi CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11A.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty rash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimator;, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4-all of which are to be considered administrative casts covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.53. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cod of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purcheise and maintain the same (except for the cos of premiums covered by subparagraph 11.4.5.9 above). EJCDC OEN'ERAL CONDITIONS 1910-9 (1990 Edtlm) a9 CITY OF FORT COLLINS MODIFICATIONS tRtl' 40000) 11.5.5. Costs due to the negligence of CONTRACTOR any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work disposal of materials or equipment wrongly supplied and making good any damage to property. 11 5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRACTOR for overland and profit shall be determined as follows: 11.6.1. a mutually acceptable foxed fee: or 11.6.2. if a faced fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for casts incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR'S fee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts arc on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11,4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier. will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee-4-&-a percento€iltettatour8 paid £o thermxFlowea�ier-Snbearetrecter to be negotiated in aced faith with the OWNER but not to exceed five percent of the amount paid to the next lower gaf§pace 11.6.2.4, no fee shall be payable on the basis of costs itemiwd under paragraphs 11.4.4. 11A.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one charge, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be 25 determined pursuant to paragraphs l l.4 and 11.5, CONTRACTOR will establish and maintain record, thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash.fllomnces: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid Prior to final payment. an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work- 11.9.1. Where the Contract Documents provide that all or pan 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 the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be inside by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3. OWNER or CONTRACTOR may make a Claim for an adjustment in the Contract Price in accordance with Article 11 if 11.9.3.1. the quantity of any item of Unit Price Work perlbrtnod by CONTRACTOR differs materially mad significantly from the estimated quantity of such item indicated in the Agreement; M)C OENFRAL CONDITIOM 191a-9 (1990 E(titim) 26 mot CITY OF FORT COLIA M MODIFICATIONS (REV 42000) and 11.9.32. there is no corresponding adjustment with respect to any other item of Work: and 11.9.33. if ODNTRACTOR believes that CONTRACTOR is entitio d to an increase in Contract Price as a result of having incurred additional eepense 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. 11.93.4. CONTRACTOR acknowledges that the OWN HR has the right to add or delete items in the Bid or wheht OWNER'S sole Contract Price of am remaining item so long as the deletion or addition does not exceed twenty-five Percent of the original total Contract Pricc. ARTICLE 12--CHANGE OFCONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Arty claim for an adjustment of the Contract Times (or Milestones) shall be on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thing, days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is emitted as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraph 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 13.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from completing any part of tine 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 1? 1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics. abnormal weather conditions or acts of God. Delays attributable to and 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 within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall O1>NER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (n) 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 perform ing other work as contemplated by Article 7. ARTICLE 13—TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice ofDefecrs: Prompt notice of all defective Wade 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. Ace= to Work• 13.2. OWNER ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at resso able -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. Tests 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 inspections, tests, or approvals required by the Contract Documents excepL 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below: 13.4.2. that costs incurred in connection with tests or inspectioxts conducted pursuant to paragraph 13 9 EJCDC GENERAL CONDITIONS 1910-8 (1990 E(fitim) col CITY OF FORT COLUM MODIFICATIONS (REV 412000) 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 any public body having jurisdiction require any Work (or part thereol) specifically to be inspected, tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any irspecuons, tests or approvals required for OWNERS 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 ATittcn concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncoverixg Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. if ENGINEER considers it necessaryor 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 furnishing all necessary labor, material and equipment If it is found that such Work is defective. CONTRACTOR shall pay all clainns, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation inspection amI testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and. if the parties are unable to agree as to the amount thcreo( may make a claim therefor as provided in Article 11. If however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both. directly attributable to such 27 uncovering exposure, observation. inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make It claim therefor as provided in Articles 1 I and 12. OWNER May &vp the Work: 13.10. If the Work is d!Acove, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or tails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any potion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Wort: shall no give rise to any duty on the part of OIVNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all doaclive 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 clamps, costs, locus and damages caused by or resttltirng from such correction or removal (including but not limited to all casts of repair or replacement of work of others). t3.12. Correction Period• 13.12.1. If within erne —year two years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any 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 defective Work or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satidactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergene where delay would cause Serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR 13.122.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 run from an earlier date if so provided in the Specifications or by Written Amendment. 13-12.3. Where defective Work (arid damage to other EJcDCGEM A1,CONDITIONS 1910-8 (199oE&tku) 28 wt CITY OF FORT COW NS MODn7CATIONS tREV 412000) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of em year two veers after such correction or removal and replacement has been satisfactorily completed. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER'S recommendation of final payment, also ENGINEER)�xefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims. costs. losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work- (such costs to be approved by ENGINEER as to reasurrablcuss). If any such acceptance occurs prior to ENGINEER's recommendation of final payment. a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommetdatiort, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May 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 reJectod 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 Documenes, 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, at possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNED OWNER's representatives. agents and employees. OWNER's other contractors and ENGINEER and ENGMEER's Consultants access to the site to enable OWNER to exercise the rights and remedies tinder this pamgtaph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such claims, casts, lasses and 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 allowed an e)aension of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14—PAIMENTS TO CONTRACTOR AND CONIPLE17ON Schedule of Matter 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 at 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 mash), 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 its 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 lice and clear of all Licns and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNEWs interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement_ Att • fwxk that are withheld byjhe OWNER shall not be sub)ed to substitution by the CONTRACTOR with securities or MM arrangements involving an escrow or custodianship. executing the aoolication for Davmcnt form the CONTRACTOR expressly waives his no to the benefits of Colorado Revised Statutes. Section 24-91-101, et sea. CONTRACTOR'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.4pplieadons for Progress Payment 14.4. ENGINEER will, within ten days after receipt of each Application for payment, either indicate in writing a EXEC OENEM CONMIONS 1910-6 (1990 Edition) w/ QTY OF FORT COWM MODIFICATIONS *LEV 42000) recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing ENGIfNTEER's reasons for refusing to recommend payment. In the latter case. CONTRACTOR may make the necessary colrectiens and resubmit the Application. Ten days after presentation of the Applcation for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR 14.5. ENGINFER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINFER 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 Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract 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 14.53. 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 onaite inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (i) that there may not be other mattes or issues between the parties that might emitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR 14.6. ENGINEERS recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR'S means, methols, techniqques, sequences or procedures of constrtndion err the sgfety precautions and programs incident thereto• or for any failure of CONTRACTOR to comply with Laws and Regulations applicable W the fumis}ning or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents 14.7. ENGINEER may refuse to recommend the whole or any par of any payment if. in ENGINEER's opini= it would be incorrect to make the representations to 29 OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended. to such extent as may be necessary in ENGiNEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract 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 ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOWs performance or famishing 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 th rough 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 corrects to OWNER's sntisfaction the reasons for such action S leitanddCompledm: 14.8. When CONTRACTOR considers the entire Work ready for its interided 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 certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGIN =- shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the War substantially complete. ENGINEER will notify CONTRACTOR in writing giving the reasons therefor If ENGINEER FJCDc OENFRAI, cONDinom 1910-9 (1990 Editim) 30 col CITY OF FORT COLLINS MODIFICATIONS (REV 412000) 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 Completion. There shall be attached to the certificate a teNative 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. lf; after eonsiderui& such objections, ENGINEER concludes that the Work is not substantially complete. ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNEWs 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 arry objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and gvamntecs. Unless OWNER and CONTRACTOR agree otherwise in writtmmgg and so inform ENGINEIIt in wrnmg prior to ENGINE 'Ras issuing the definitive certificate of Substantial Completion, ENGINEER's 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 after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list Pmrial UdGtadon: 14.10. Usc by OWNER at OWNER's option of any substantially completed part of the Work, which: (i) has specifically been identified in the Contract Documents, or (A) 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 pan of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the fork 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 cerlr&cate of Substantial Completion for that part of the Work. CONTRACTOR at any time may ratify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially compleic 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 pan of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection_ 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as arc necessary to complete such work or remedy such deficiencies. Final Application for Papmanr: 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 patagraph G.19) and other documents. CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment skill be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of instaance required by subparagraph 5.4.13, (a) consent of the surety, if any, to fmal payment, and (ui) 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 affidavit of CONTRACTOR that () the releases and receipts include all labor, services, material and equipment Cor which a Lien could be feted, and (i) all payrolls, material and equipment bills, and other indebtedness cormected with the Work for which OWNER or OWNER's property in ighl in any way be responsible have been paid or otherwise satisfied If any Subcontmctor or Supplier fails EICOC GENERAL CONDITI ONS 1910E (1990 E(fitim) w/ CITY OF FORT COIJ NS MODIFICATIONS OLEV 42000) to furnish such a release or receipt in full. CONTRACTOR may banish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien Releases or waivers of liens and the consent of the surety to finalize payment are to be submitted on formsconformin the format ofthe OWNER'S standard forms urd in a ed ttnual Fmid Payment andAcceptance: 14.13 If, on the basis of ENGINEER's observation of the Work during construction and fuel inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents. ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfillod, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGiNEER's recommendation of payment and present the Application to OWNER for payment- At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and ratio of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subiect to paaaramh 17.6.2 of these galaml CM Ii011S. 14.14. It through no fault of CONTRACTOR final completion of the Work 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 retami ge stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due Ter that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR except claims arising from unsettled Liens, from kfectne Work appearing after ki foal inspection pursuant to paragraph 14.1 L from failure to comply with the Contract Documents m the terms of any special guarantees specified therein or Fran CONTRACTOR's continuing obligation under the Contract Documents, and 14.15.2.A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE IS —SUSPENSION OF WORK AND TERMINATION 0H- WER 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 waning to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNER May Terminate. 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (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 trader paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.23. if CONTRACTOR disregards the authority of ENGINEER: or 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents: OWNER may, after giving CONTRACTOR (aril the surety, if any) seven days' written notice and to the extent permitted by Laws and Regulatioris, terminate the services of CONTRACTOR exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTORS tools, appliances construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate an the Work all materials and equipment stored at the site or for which OWNER has paid EJCDC OENIiAL CONULTIONS 19I0-8 (1990 E(fitim) 32 wi CITY OF FORT COLI.IF6 MOMICATIONS (REV 4nG00) 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 frushed 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 Work such excess will be paid to CONTRACTOR If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, tests, 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, provident tfu it when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven dayl 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 Documents prior to the effective date of termination, including fair and reasonable stuns for overhead and profit on such Work; 15.42. for expenses sustained prior to the effective date of termination in performing services and furmshng 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 cxpenscs; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontmaors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination CONTR4CTOR May Stop Work or Terminate: 15.5. K through no 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 oil= public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, them CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if UgGRCER has tailed 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 OWNrER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles i l and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACI'OR'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 misc under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -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. ARTICLE 17—MISCELLANEOUS Gairg Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an offtoer 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 lznown 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 Gast 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. E)CDC OITERAL CONDITI ONS 1910-S (1990 E(fition) Wt CITY OF FORT COWNS MODIFICATIONS (REV 42000) 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other patty 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 limitations or repose.Cumula6v Remedies. 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs6.12, 6.16.6.30, 6.31, 6.32. 13-1, 13-12,1114, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Court Costs 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. ]ZG_ThrjPt.3ht_s r.Se�C4Jsr�4o_ 1rpJK_t figs Agreenenl Reference to two pertinent Colorado statutes aze as follows: 17.6.2. If a claim is filed OWNER is required by law (CRS 38-26-107) to withhold from all payments to CONTRACTOR sufficient funds to insure the payment of all claims for labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by CONTRACTOR or his 33 EJCDC GEIW nL COMTIONS 1910-8 (1990 Mtim) 34 wl CITY OF FORT COLLINS MODIFICATIONS OtEV 412000) Cr his pagc left blank inimbonally ) E1CDC GENERAL CONDITIONS 191" (1990 Emtim) 35 w! OTY OF FORT COLLINS MODIM CATIONS (PEV 42000) EJCDC OENERAL CONDMOM 1910.8 (1990 Edlion) 36 wf CITY OF FORT COWNS MODIFICATIONS ft-V 412000) 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. EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DLSPM RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claim. disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final 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 accordarnce 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 thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGJNEER's decision being final and binding upon OWNER 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 concerned. 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 intention to appeal as provided in paragraph 9.10. 16.3, Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association and a copy will be sent to ENGINEER for information The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the dale when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. &CDC GENERAL CONDITIONS 1910.8 (199a Emtimr w/ CITY OF FORT COLLINS 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 these who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which 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 shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Wool of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create arry claim, right or cause of action in favor of Subcontractor and against OlkNER ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof; and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall Gust submit any and all unsettled claims, counterclaims, disputes and other mattes 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 sane applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. OC-AI EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition) GC -Al w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9J94) SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-4.2 Subsurface and Physical Conditions: A. Add the following language to paragraph 4.2.1 of the General Conditions. 4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions at the site of the Work: 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). SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Mulberry Bridge Urban Design & Landscaping CONTRACTOR: Korby Landscape LLC PROJECT NUMBER: 8279 DESCRIPTION: 1. Reason for change: 2. Description of Change: _ 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 , TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGNINAL CONTRACT % ADJUSTED CONTRACT COST $ .00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: DATE: DATE: DATE: APPROVED BY: DA Purchasing Agent over $60,000 cc: City Clerk Contractor Engineer Project File Architect Purchasing Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as NUMBER DATE AMOUNT follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. Date: By: $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 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $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 STORED MATERIALS SUMMARY On Hand Item Invoice Previous Number Number Description Application Received This Period PAGE 4 OF 4 Installed On Hand This This Period Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 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 SECTION 01000 OWNER CLARIFICATIONS Owner Clarifications to Vendor Questions: 1) Is there a plastic liner in the medians? If the liner is in conflict with plantings or irrigation, will the contractor be responsible for relocating the liner? There is a plastic liner around and under the medians. See attached median detail from the CDOT project plan set and attached photos taken during installation. The City does not anticipate conflict with irrigation and/or planting. The Contractor will be responsible for locating the liner prior to excavation and installation. The Contractor will be responsible for notifying the City immediately if a conflict is anticipated once the liner is located. Attachment: Sheet 184 from CDOT Mulberry Bridge Plan Set. Detail 3 shows location of median liner (10 MIL PLASTIC VISQUINE) 2) Will the City survey/locate the sleeve locations for the contractor? Please see attached as -built drawings provided by the Colorado Department of Transportation for irrigation conduits. Surveying is not anticipated as part of the project. Attachment: Irrigation Sleeve As-Builts (3 sheets) 3) Please clarify where the controller power location is on the plans, or how far away from the controller it is. Please see attached irrigation plan sheet with notations for approximate irrigation controller location and approximate power source location. Attachment: Mulberry St over Poudre River— Phase 2 Landscape Plan — Sheet L3 of 11 (with markups) 4) Will substitutions be allowed for the Plater Pots if another precast provider can be sourced that can replicate the design and dimensions specified for the concrete planters in the plans or is it mandatory to source the planters from Kornegay Designs? The City will entertain Contractor submittals for equivalent planter pots from different suppliers. Approval of equivalent materials will be subject to review by the City and BHA Design. Please reference Revision of Section 622 — Planter Pots for additional information. 5) TECS (Erosion control requirements) page 84 of the contract — In section 208 it specifies "when included in contract" a ECS supervisor with TECS certification is required. Can I receive clarification if a supervisor with TECS will be required for this project. If so which line item(s) should be used to include the cost of the ECS supervisor. An erosion control supervisor with TECS certification will not be required as part of the project. However, it is the Contractor's responsibility to ensure erosion control and BMPs are installed and maintained throughout the duration of the project in accordance with the erosion control plan as well as Local, State, and Federal regulations. 6) Health & Safety Officer (HSO) & Monitoring Technician (MT) Page 86-100 of the contract — Are HSO and MT required for this project? On page 100 of the contract it specifies line items for their cost but these line items are not included in the bid. HSO and MT are not required as part of the project. 7) Traffic Control lane allowance cost clarification page 9 of the contract — In the contract the wording is the following for the lane rental fee: Subsection 104.04 shall include the following: (a) Approved Lane Rental Fee. The Contractor shall pay a daily lane rental fee for lane closures as defined by approved traffic control plans on East Mulberry Street during construction. The Contractor will be granted a lane rental allowance of fifty five (55) lane -days for which no deduction will be made from monies due the Contractor. Lane rental fees for all lane -days in excess of fifty five (55) will be deducted from any monies due the Contractor for work performed. Does this mean we have 55 days of lane closures that will have the 500 dollar lane closure cost applied? Then if we exceed the 55 days of lane closures we will be billed the daily lane closure fee of 500? The Contractor will have an allowance of fifty five lane -days of approved lane closures for this project. Approved lane rental fees will not be charged as long as there is a positive lane -day closure allowance. Every approved lane -day closure up and above the project allowance will result in a deduction of five hundred dollars ($500) from payment due to the Contractor. Owner Clarifications Resulting in Additional Bid Documents: A. In order to help clarify what will be required from the Contractor in relation to the irrigation water tap, meter. and backflow preventer, the City has provided the following details and specifications: a. Detail 11 — Typical Water Service b. Detail 13 — Sprinkler System Detail c. Detail 15 — Standard Exterior Setting for 3/4 In. and 1 In. Water Meters d. Section 02646 —Water Service Line and Appurtenances e. Section 02650 — Meters and Appurtenances SHEET 184 1. CONTRACTOR SHALL FLAG PROPOSED WALL LOCATIONS FOR OWNER'S REPRESENTATIVE TO REVIEW AND APPROVE PRK)R TO CONSTRUCTION OF WALL. 2. EXPOSURE OF THE BACK OF MASONRY LANDSCAPE WALL (DRY STACK) SHALL BE LIMITED TO A MAXIMUM OF ONE COURSE OF WAIL UNITS PLUS THE CAP. THIS IS MEASURED FROM THE FINISH GRADE OF THE MULCH (BY OTHERS) ON THE BACK OF THE WALL. ALLAN BLOCK STEPPED WALL COURSE BEYOND WALL BATTER 6: FROM VERTICALL 1 V : BLOCK CAP, USE GROUT r TO SECURE CAP IN PLACE, RE: SPECS DRY STACK MULCH & WEED BARRIER, BY OTHERS x MASONRY WAIL —� g TyP,, HOLD SUBGRADE DOWN UNITS 3' FROM TOP OF RETAINING WALL TO ALLOW Z r FOR MULCH _ \ RETAINED SOIL \ G Q FINISHED m Wo 7,3 GRADE W WELL GRADED GRANULAR WALL ROCK 0%F -IS' LESS THAN 10%FINES 1� _ COMPACTED STRUCTURE BACKFILL (CLASSI ) `v MASONRY LANDSCAPE WALL (DRY STACK) - SECTION 1 SCALE 1" = 1' SAWCUT JOINTS (SEE LAYOUT PLAN FOR JOINT 77/7 K LOCATIONS) SEE PLAN FOR CONCRETE STAIN COLORS BRIDGE DECK NOTES: _ _ j FF 1. CONCRETE PAVEMENT SHALL SLOPE TO DRAIN, UNLESS OTHERWISE NOTED, PROVIDE 2%CROSS SLOPE IN DIRECTION ON DRAINAGE REFER TO BRIDGE TYPICAL SECTION 2. SURFACE OF CONCRETE SHALL HAVE MEDIUM BROOM FINISH UNLESS OTHERWISE NOTED 18'TYP. 71 CDOT CLASS "A" FILTER MATERIAL SUBGRADE FUTURE DOUBLE CURB, NOT INCLUDED r, _ CURB/GUTTER, F RE: ROADWAY PLANS TOPSOIL (SPECIAL) MIL PLASTIC VISOUINE OMPACTED FILL FA!PERFORATED PIPE WRAPPED NOTE: WITH WEED BARRIER 1. TOP SOIL SHALL BE LEFT 3" BELOW TOP BACK OF CURB TO ACCOMMODATE FUTURE LANDSCAPING & MULCH. MEDIAN SAW CUT JOINT, TYP. / � LANDSCAPE MEDIAN SECTION Z J N.T.S. SCALE 1/2' = 1' Print DatzIDAYM C] � Sheet Revisions Colorado Department of Transportation 2207 E Hq 402 LoM d CO 80537 PNonw (R70) 822-1267 FAIL• Region 4 SCE As Constructed SH 14 OVER POUDRE RIVER ENHANCEMENT DETAILS Project No./Code Flo Nunes Data Commwrto mR. No RwA-lone FBR 0142-055 NortL Swe Vert. Soak 4= �mmn .... RwWR w: RS 541NWn Numbers 18085 �^� Vow �� �� 1 9rh-oE URBAN DESIGN DESIGN 9ibwt erNr: L32 a L31 ftd IRRIGATION SLEEVE AS-BUILTS N OF 3) 6+00 6+42.39; RT1.90' 7+OC End 4'' SL & (2) 2'' SL (Also 0.1 north of back of curb) �6+43.99; 9 6+39.79; RT47.30' wall, top End 4'' SL & (2) 2'' SL (Also 12.3' south of Lip of Pan) 100, SL = Sleeve(s) File: Irrig sleeves Asbuilt lof3.pdf End of of curb IRRIGATION SLEEVE AS-BUILTS (2 OF 3) 10+35.86; LT114.50' End 4'' SL & (2) 2" SL (Also 58.5' north of back of c 10+75 06; LT117. End 4 SL (2 (Also 61.4n rth O L c � \ U 01 Q0 o 2" SL f back of curb) + ° 10+40.76; LT67 40' End 4'' SL & 2" SL (Also 8.9' nor back of curb) 10+42.16; LT10 End 4'' SL & (Also 0.8' sout \11+00 2'' SL -of back of curb) 10+29.56; RT7.61' End 4'' SL & (2) 2'' SL (Also 0.2' North of back of curb) 10+28.86; RT54.79' End 4'' SL & (2) 2" SL ,(Also 14.0' south of lip of pan) 11+20.26• RT59.74' End 4'' SL 2 d o End of pipes are exposed (Also 15.9' south of lip of pan) 100' SL = Sleeve(s) Filer` rN \e-'V�s Asbuilt 2of3.pdf i I� I. I• i� • O rn 'C a � I a x IRRIGATION SLEEVE AS-BUILTS (3 OF 3) 15+81.2 2; L T 6 5' End 2" SL (Also 7.9 north of back of curb 15+94.52; LT68.60' End 2" SL; End of pipe is exposed (Also 10.1' north of back of curb) a q J I I L I I I of 16+40.62; LT67.2O' I � I End 4" SL & (2) 2" SL I � I (Also 8.7' north of back of curb) I I 00111 N 16+40.621L goo I11+ End 4" SL & (2) 2" SL I � I I Lh (No PVC marker, guess end) • f t _ � i. 1.� .� t f�: I ' I � I I I I •L I � I -0 I I II I � I U N I + _L ___LQ 15+69.321 T60.91' 16+41.52; LT5.08' / End 4" SL & (2) 2''SL (No PVC marker, guess end) 16+41.52; RT63.12' End 4" SL & (2) 2" SL (Also 13.5' south of lip of pan) 16+05.92; RT65.35' End 4" SL & (2) 2" SL (Also 17.8' south of lip of pan) a End 2'' S%so (Also 15.5h of �ip of pan) 15+83.02; RT66.81' End 2" SL 16+08.32; RT76.69' (Also 20.6' south of lip of pan) / '\ End 4 ' SL & (2) 211 SL 15+97.64; RT83.50' Also 29.0' south of lip 1001 End 4" SL & (2) 2" SL f pan) (No PVC marker, guess end) SL = Sleeve(s) ° T�rr�g s sbuilt 3of3. df LANDSCAPE PLAN MDIHPYRY STOVI!0.M111DMPNPAII'AOP I Df )1 I RWm1Eix 7CO � ifP1w00011M1 �' `\parr — i me enmwexme O' owuxaxru me ����ll�kgpp rcwxwu 4 oeewvxui--I O Mmeoo.v.wc /, %mp NORTHtl IV w 4O fry Nelms~•I iaa'd�wercRs eNr LYIw.AY �.MJp.s CITY OF FORT COLLINS, COLORADO ry of olsirxeo P el:cxrn er ML3 �IOP PEN[W ENGINEERING DEPT. — CAPITAL PROJECTS ,�ortCO���S OMCQSfitTM MULBERRY ST OVER POUDRE RIVER —PHASE 2 L3 _� I�mn Q.�MRTT LANDSCAPE PLAN ° IRRIGATION PLAN y -- Ify of 'OrB.m RY. CHECNEO 9Y' CITY OF FORT COTTINS, COLORADO N�`" ENGINEERING DEPT. — CAPITAL PROJECTS '"� a FW mrsE Cr. EpIA•Nm Y - W al/la/16 O AFIYmT CONSTRUCTION NOTES (i i me umunox a mw-or-coNrrtrnox f WB Bc — ooNNBmdW a M RxWmN RAW TO Aw W&LEo ar MM AB M AwwvNurz WawN NwRR xmAW dcNrww oqf . wvac uxrt am wvrtn vuK avtxx.r .Ca xpurt0. swC MP Ati xEmR wer wumx a' Iac Wd awxus NFPAdO1CRM1T. �3I rrt6i4 KVm M IIIILIION CUaNatlP m M MN61a4fC LOa11pM xmNM. LCQIpIWR d61mGL x111A m M LaIIIMIA N1M M amIV4 ImMCfaxrxL CMf 9NBYW BC ACCa-I m nmCxl me N WNIIWLLd x I. {awnpl nur Is 9B1E ION WINIE"'R"'NWC[ .rM 9LWPFN[0 RVR NCW OIN6N BENINa [MNY oLS Klr m YPWIILS. M NMxa RAI W1rRw. nWL Wamx m eE AwwNm w olnvs N[INCSprAm[ �" rnu�iET°"mlmNLtlN"nox oWmWraionsvmw N�iren o¢r. (: � rnnlWaox m«u rao Lr+a amxo sEdd x Bxe rwNomurz Nxa NNIII amrxc sFdv rw ulO1M.v a x[CCrtMr. coRracro" 5W Imsou f-m" 5l xM 9N® IICIIm3 IN vxe MMamwrz ANa. t s i urt d wnnY: NNcs mIvww s w and wr N M IY. Wd[N Iw IL'aCw[p EWPVR, LPdN[W W M'WRWN MEMxmR. IN9 W6 NOI WP9zE YN CGN(L'IgN !]Nat1 aG r INCNIIa. olzR. N 9M CII'MLw .1w M RNLINM W]IM M lTr V raPi LY116 F6Wd NL IlW1Y. ImMBMIIm WD C Tw, Em ImIio xN aw RXIfD RIWCCN M N WMIN BAN, WNmD,,ER SNYr m VALVE I.NO wccR0E M &CNMN OMVpRD, IHCWgw. Wlr PoN! OR RNCC INIrMED m WGWrt vMRN NF Mlxz[RW1gM 0.NPo96 �l .-WN or STm Wf NP M11NC SSTpI drMMX. IIb1Ny - M-MCGMM NM Cx1ED x A B-ON'N PqM NLE M 6AAESM /t NORTH d IV fry Wa Iew �NSOw,�eW MULBERRY ST OVER POUDRE RIVER — PHASE 2 IRIA IRRIGATION PLAN OF DETAIL 11 CUT 4 INCH CROSS IN FACE OF CURB CURB, GUTTER AND SIDEWALK PAVEMENT CORPORATION STOP �1 WATER MAIN GENERAL NOTES DISTANCE VARIES 1 FT. CURB BOX 54 INCH MIN. 66 INCH MAX. CURB STOP FINAL LANDSCAPED GRADE 1. Use direct tap (as shown) for 3/4 inch and 1 inch services unless water main is PVC, in which case, use a topping saddle. 2.Install 1 1/2 inch and 2 inch services with tapped tee and corporation stop at time of construction or use a tapping saddle. 3. Locate curb box and meter pit according to the approved utility drawings. 4. The City is responsible for maintaining the water main, corporation stop, and service piping up to and including the curb stop. The owner is responsible for service from the curb stop, including the outlet coupling to the building. 5. No couplings allowed between curb stop and meter setting. 6. Use type K copper for the service from the corporation stop to a minimum of 5 feet past the meter pit. 7. No landscaping (shrubs, boulders, etc.), retaining walls or fences allowed within 4 feet of the curb stop and meter pit, and no trees within 10 feet of curb and meter pit. 8. All residential water service shall be installed in the center of the lot unless otherwise approved by the Utility. 9. All water and sanitary sewer service shall have a minimum horizontal separation of ten feet. CITY OF FORT COI.LINS UTILITIES WATER FIELD OPERATIONS P.O. BOX 580. FORT COUINS, CO. 80522 (970) 221-8700 TYPICAL WATER SERVICE asvcm am 7/27/05 DETAIL 11 DETAIL 13 METER PIT METER PIT Fit of — 5 FT. MIN. (FROM OUTLET SIDE OF METER PIT TO SHUT-OFF VALVE TEE) FLOW AIR -INJECTION PORT (TOP OF PIPE MAX. 3/8- DIA. WITH CAP OR PLUG) DESIGNATED SPRINKLER SERVICE 5 FT. MIN. AIR -INJECTION PORT (FROM OUTLET SIDE OF DIA. WITHPC IPE P OR PLUG) METER PIT TO SPRINKLER TEE) FLOW _y SERVICE MAIN VACUUM BREAKER VACUUM BREAKER SPRINKLER TAP OFF DOMESTIC SERVICE CITY OF FORT COLLINS UTELXrM - WATER FMD OPERATIONS P.O. HOE Boo. FORT COumf CO. 805= (070) 221-6700 or mmm SPRINKLER SYSTEM DETAIL AIR -INJECTION PORT DOWNSTREAM OF VACUUM BREAKER (3/4- OR LARGER RECOMMENDED) AIR -INJECTION PORT DOWNSTREAM OF VACUUM BREAKER (3/4- OR LARGER RECOMMENDED) > VAM 6/2S/10 DETAIL 13 SECTION 00300 BID FORM DETAIL 15 CURB BOX CAST IRON RECESSED LID WITH WORM LOCK INSTALL LID 1/2 INCH ABOVE FINAL LANDSCAPED GRADE 15 IN. RECOMMENDED 14 IN. MIN. ALLOWED 18 IN. MAX. ALLOWED COMPRESSION TYPE CONNECTION - NO FITTINGS - FOR MIN. OF 5 FT. GENERAL NOTES 1. Do not install in any street, alley, parking area, driveway, sidewalk, drainage ditch or detention basin. 2. No landscaping (shrubs, boulders, etc.) or structures to be within 4 feet of meter box, or No trees within 10 feet of meter box. 3. Slope ground surrounding meter box away from lid at 2% minimum grade. 4. Make no plumbing connections (tees, couplings, etc.) in meter box. 5. All tees and connection fittings to be a minimum of 5 feet from meter box wall on outlet side. 6. Grade acceptance after meter box installation requires that the owner adjust meter box cover to 1/2 inch above final grade. 7. If a pressure reducing valve is required by Plumbing Code, install valve inside the building, immediately following the main shut—off valve. Citya"` 0' 0e. of TS T� STANDARD EXTERIOR SETTING FOR 3/4 IN. °�� Fort Collins FEUDOPERA710NS P.O. BOX 580, PORT COLONS, AND 1 IN. WATER METERS DETAIL Co. 00522 (970) 221-8700 15 SECTION 02646 WATER SERVICE LINES AND APPURTENANCES PART1-GENERAL 1.01 DESCRIPTION A. This section concerns materials and installation of corporation stops, curb stops, service lines less than two (2) inches in size, backflow prevention assemblies, stop & waste valves and appurtenances. 1.02 PRODUCT DELIVERY, STORAGE AND HANDLING A. Products shall be handled, stored, and protected in a manner which will prevent damage to materials, coatings and finishes. B. All material shall be kept clean and free from dirt. 1.03 INSTALLATION OF SERVICE TAPS A. Reference Typical Water Service Detail for 518 x 3/4-inch through 2-inch services. All residential water service shall be installed in the center of the lot unless otherwise approved by the Engineer/Utility. 2. All water and sanitary sewer services shall have a minimum horizontal separation of ten feet. B. Contractors licensed by City for utility work in the public right-of-way shall be allowed to make service taps on new water mains which have been initially accepted. C. Contractor shall not make service taps on existing water mains without permission from the Engineer/Utility. Engineer/Utility may authorize Contractor to make service taps or to use a licensed or authorized tapping Contractor to make service taps on existing mains. The Engineer/Utility representative will observe the tapping operation. 2. The Engineer/Utility shall be notified twenty-four (24) hours before making a tap. D. Utility reserves the right to make taps in lieu of Contractor and the right to deny permission for any main to be tapped. E. Tapping equipment shall be of good quality, used for the purpose intended and used DEVELOPMENT Water Service Lines and Appurtenances ADOPTED: 12/06/2011 02646-1 in accordance with manufacturer's instructions. F. All %-inch and 1-inch taps, on ductile iron pipe, shall be installed by direct tapping. G. On ductile iron pipe, 1 'h-inch and 2-inch taps shall be installed by one of the following methods: Taps on new construction shall be a mechanical joint tapped tee with an iron pipe thread inlet corporation. 2. Taps on existing lines shall be made with a tapping saddle. H. Service connections larger than 2-inch shall be installed by one of the following methods: Reference Sections 02644 and 02713. I. Unless otherwise approved by Engineer/Utility, all taps on plastic pressure pipe shall be made with a tapping saddle in accordance with manufacturer's recommendations. 1.04 MAINTENANCE AND CORRECTION A. Developer shall maintain and repair all service lines and any associated appurtenances which leak, were installed incorrectly, or otherwise prove to be defective. Developer shall provide a two-year (2) maintenance guarantee and a five- year (5) guarantee covering all errors and omissions in the design and/or construction of the improvements and which guarantees shall run concurrently and shall commence upon the date of completion of the improvements and acceptance thereof by the City. PART2-PRODUCTS 2.01 TAPPING SADDLES A. Tapping saddles for 2-inch and smaller services shall have either a bronze or brass body with bronze double flat straps and bronze nuts. Outlet threads on tapping saddles shall be "cc" type. 2. Acceptable manufacturers of tapping saddles are: a. Reference Section 01000. 2.02 CORPORATION STOPS DEVELOPMENT ADOPTED: 12/06/2011 Water Service Lines and Appurtenances A. All corporation stops shall conform to AWWA C800. 1. All corporation stops shall be constructed of brass. 2. Corporation stop inlet threads for tapping saddles shall be "cc" type. 3. Corporation stop inlet threads for tapped tees shall be IP type. 4. All corporation stop outlets shall use a compression connection. 5. All corporation stops shall be ball type valves only. 6. Corporation stops shall be used for all taps which are 2-inches and smaller. 7. Corporation stops shall have uniform size on inlet and outlet. B. Acceptable manufacturers of corporation stops are: 1. Reference Section 01000. 2.03 WATER SERVICE LINES A. Copper pipe shall be used for service lines 3/4" and 1" and may be used for 1-1/2" and 2" service lines. B. All copper services shall conform to the Appendix to AWWA C800. 1. The copper for copper services shall be Type K. C. DR 9 High Density Polyethylene (HDPE) Pipe may be used for 1 '/zinch and 2 inch services instead of copper. 1. HDPE pipe shall conform to ASTM D2737 Copper Tube Size (CTS). 2. Stiffeners are required when making a compression connection on HDPE pipe. 2.04 COUPLINGS A. All couplings shall use a compression connection. B. Acceptable couplings are: 1. Reference Section 01000. 2.05 CURB STOPS DEVELOPMENT Water Service Lines and Appurtenances ADOPTED: 12/06/2011 02646-3 A. All curb stops shall have compression connections at both ends. B. Top threads for all curb stops shall be Minneapolis type. C. Curb stops shall be used for services which are 2-inches and smaller. D. Curb stops shall be ball type valves only. E. Curb stops shall not be of the "Stop & Waste" type. F. Acceptable curb stops are: 1. Reference Section 01000. G. Acceptable 2-inch curb stops are: 1. Reference Section 01000. 2.06 CURB BOXES FOR CURB STOPS A. Minneapolis pattern base shall be used for all curb stops. B. Acceptable curb boxes are: 1. Reference Section 01000. 2.07 VALVES AND VALVE BOXES FOR 3-INCH AND LARGER SERVICES A. Reference Section 02640 PART 3 - EXECUTION 3.01 GENERAL A. The Contractor shall make all taps and install the service line to the curb stop priorto disinfection and pressure testing of the water main. B. The Contractor shall adjust stop boxes to horizontal location and to final grade as determined by a grade stake. 1. Grade stakes shall be a placed a minimum of five feet from the location of the stop box. 2. Grade stakes shall not be disturbed prior to inspection of the service by the Engineer/Utility. DEVELOPMENT Water Service Lines and Appurtenances ADOPTED: 12/06/2011 02646-4 C. The Contractor shall mark the location of the water service with a cross cut into the face of the curb and gutter. 1. Reference Typical Water Service Detail Drawing. 3.02 CORPORATION STOPS A. Taps shall not be made within two feet of any joint or fitting B. Taps shall be separated by a minimum of three feet (T) (measured along the pipe length), even when taps are made on opposite sides of pipe. C. Taps which are made on the same side of the pipe and within 10 feet of each other (measured along the pipe length), shall be staggered fifteen degrees. D. Taps made to plastic pressure pipe shall be made in accordance with the manufacturer's recommendations. 1. Use tapping saddles only. 2. Use shell cutters to make tap. 3.03 SERVICE LINES A. All service lines shall be a minimum of 54 inches and a maximum of 66 inches below the final grade. B. There will be a maximum of one coupling per service, between the main and the curb stop. 1. Service lines (3/4-in. through 2") shall be uniform in size from the corporation stop to 5 feet past the meter. 2. An exterior meter setting will be required if the customer's service line is not uniform in size from the corporation stop to the building. C. When backfilling the service trench, sand shall be used under and 6-inches above the goose neck at the service connection. 1. Sand shall conform to ASTM C 33. SIZE PERCENT PASSING 1" 100 3/4" 90-100 3/8" 20- 55 #4 0- 10 #8 0-5 DEVELOPMENT Water Service Lines and Appurtenances ADOPTED: 12/06/2011 02646-5 D. Service trenches shall be subject to compaction specifications. Reference Section 02225. E. All commercial service lines shall be protected by a backflow prevention assembly per the most recent Cross -Connection Control Manual adopted by City Council. This shall include domestic, fire and lawn irrigation service lines 3.04 CURB STOPS A. The Contractor shall adjust the curb stop box to'/2-inch above final grade prior to final inspection. B. Curb stop box shall be screwed onto the curb stop. C. Curb stop box shall be plumb, so that a shut-off key can be placed on the curb stop. D. Major landscaping (shrubs, boulders, etc.) and structures (retaining walls, fences, buildings, etc.) shall not be placed within four (4) feet of the curb stop box. 1. Trees shall not be planted with six feet (6') of the curb stop box. E. If the grade of the ground surrounding the curb stop box is changed, after the curb stop box has been installed, the curb stop box cover shall be adjusted to'/2-inch above final grade. 3.05 SERVICE AND TAP INSPECTION A. The Contractor shall insure that the curb stop, corporation stop, and any couplings remain exposed until after the inspection and the approval for backfill is given by the Engineer/Utility. B. All tap and service inspections shall be scheduled with the Engineer/Utility. 1. Without exception, a minimum of twenty-four (24) hours notice is required on all tap and service inspections. ADOPTED: 12/06/2011 END OF SECTION 02646-6 Water Service Lines and Appurtenances SECTION 02650 METERS AND APPURTENANCES PART GENERAL 1.01 DESCRIPTION A. This section concerns materials and installation of meters, meter setters, meter pits and appurtenances. 1.02 PRODUCT DELIVERY, STORAGE AND HANDLING A. Products shall be handled, stored, and protected in a manner which will prevent damage to materials, coatings and finishes. B. All material shall be kept clean and free from dirt. 1.03 MAINTENANCE AND CORRECTION A. Contractor shall maintain and repair all meter pits, copperhorns, coppersetters and any associated appurtenances which leak, were installed incorrectly, or otherwise prove to be defective. B. Developer shall provide a two-year (2) maintenance guarantee and a five-year (5) guarantee covering all errors and omissions in the design and/or construction of the improvements and which guarantees shall run concurrently and shall commence upon the date of completion of the improvements and acceptance thereof by the City. 1.04 METER SETTERS A. Contractor shall furnish meter setters for 5/8 x 3/4-inch, 1-inch, 1 '/cinch, and 2-inch meters. Single family and duplex residential buildings may utilize interior or exterior meter settings. a. Single family and duplex residential buildings with fire lines shall use exterior meter settings. The fire line connection shall be downstream of the meter box. b. No meters shall be installed in crawl spaces. 2. Multi -family residential buildings shall use exterior meter settings. 3. Commercial buildings shall have meters installed as follows: DEVELOPMENT Meters and Appurtenances ADOPTED: 12/06/2011 02650-1 a. All 518 x 3/4-inch and 1-inch meters may use an exterior or interior meter setting, at the option of the Developer. b. All 1 '/z-inch and larger meters shall use an exterior setting. 4. Interior meter settings shall be installed in accordance with Standard Interior Setting For %" and 1" Water Meters Detail Drawing. 5. Exterior meter settings for 5/8 x 3/4-inch and 1-inch meters shall be installed in accordance with Standard Exterior Setting For'/<" and 1" Water Meters Detail Drawing. 6. Exterior meter settings for 1 1/2-inch and 2-inch meters shall be installed in accordance with Standard Setting For 1 'h" and 2" Water Meters Detail Drawings. 1.05 METER BOXES (3/4 AND 1 INCH METERS) A. Contractor shall install 5/8 x 3/4-inch and 1-inch meter boxes. Meter boxes shall be a minimum of 20-inches in diameter, a minimum of 48- inches in length. 2. Meter box covers shall be constructed of cast iron with cast iron recessed lids and rubber or plastic inner lids. 3. Meter boxes shall be installed in accordance with Standard Exterior Setting For W and 1" Water Meters Detail Drawing. 1.06 METER PITS (1 %AND 2-INCH METERS) A. Contractor shall install 1 1/2-inch and 2-inch meters pits. 1. Meter pits shall be constructed from standard 48-inch inside diameter precast concrete manhole sections. 2. Meter pit covers shall be an aluminum manhole ring and coverwith a 24-inch diameter opening. a. All meter pit covers shall have a 27/32-inch worm -lock with a Standard Waterworks pentagon head. b. All meter pit covers shall have the word "water" cast in the lid. C. Meter pits shall be installed in accordance with Standard Setting for 1 '/2' and 2" Water Meters Detail Drawings No. 16-A and No. 16-B. DEVELOPMENT Meters and Appurtenances ADOPTED: 12/06/2011 02650-2 1.07 METER VAULTS (Y AND LARGER METERS) A. Contractor shall install 3-inch and larger meters and meter vaults. 1. Meter pits and vaults shall be constructed from precast concrete box sections designed for HS-25 bridge loading. a. Minimum interior vault dimensions for different size meters shall be as noted on Standard Setting For 3" and 4" Water Meters Detail Drawings. 2. Unless otherwise specified, meter vault covers shall be an aluminum manhole ring and cover with a 24 inch diameter opening. a. All meter vault covers shall have a 27/32-inch worm -lock with a Standard Waterworks pentagon head. b. All meter vault covers shall have the word "Water" cast in the lid. C. All meter vaults shall be installed in accordance with Standard Setting For 3" and 4" Water Meters Detail Drawings. PART2 PRODUCTS 2.01 METERS AND STRAINERS A. All meters and strainers shall be purchased from the Utility unless otherwise specified. B. Acceptable meters and strainers are: 1. Reference Section 01000 — Approved Product Listing. 2.02 METER SETTERS A. All multi -family buildings shall use exterior meter settings. B. Acceptable 5/8 x 3/4-inch copperhorns (interior meter settings) are: 1. Reference Section 01000 — Approved Product Listing. C. Acceptable 5/8 x 3/4-inch coppersetters (exterior meter settings) are: 1. Reference Section 01000 — Approved Product Listing. D. Acceptable 1-inch copperhorns (interior meter settings) are: DEVELOPMENT Meters and Appurtenances ADOPTED: 12/06/2011 02650-3 SECTION 00300 BID FORM PROJECT: 8279 Mulberry Bridge Urban Design & Landscaping Date: . (Jqp t. In compliance with your Invitation to Bid dated , 20_LLz and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture. or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detahed 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 i1&,XniuAiU,f-y A1rnk iu'J (!YbliYtci►{� Glllxt- tip ($ 17:. I*1D' 2=1 ) in accordance with the Invitation To Bid and I structions 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: 12 rr-ha-a 1 CC 5 n2 LLG 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. li through 1 . 8. The undersigned Bidder shall provide three (3) completed or under construction project references within the contract amount of $250,000 or greater from the past three (3) years. It is the City's preference that the reference projects use the same Project Manager as the Contractor is proposing for this project. References shall include a brief project description, owner contact information, and total contract value. References may �}inr�u`th- tn �M� . 1. Reference Section 01000 — Approved Product Listing. i E. Acceptable 1-inch coppersetters (exterior meter settings) are: 1. Reference Section 01000 —Approved Product Listing. F. Acceptable 1 1/2-inch and 2-inch meter setters are: 1. Reference Section 01000 —Approved Product Listing. 2.03 METER BOXES A. Acceptable 5/8 x 3/4-inch and 1-inch meter boxes are: 1. Reference Section 01000 — Approved Product Listing. B. Acceptable meter box covers and lids for 5/8 x 3/4-inch and 1-inch meter boxes are: 1. Reference Section 01000 —Approved Product Listing. C. Acceptable 3-inch meter box extensions for 5/8 x 3/4-inch and 1-inch meters are: 1. Reference Section 01000 — Approved Product Listing. 2.04 METER PITS AND VAULTS A. Acceptable meter pits and vaults for 1 1/2-inch and larger meters are: 1. Reference Section 01000 — Approved Product Listing. B. Acceptable meter pit and vault covers for 1 '/z-inch and larger meters are: 1. Reference Section 01000 — Approved Product Listing. PART 3 - EXECUTION 3.01 EXTERIOR METER SETTINGS A. Exterior meter settings shall be installed by the Contractor according to the manufacturer's recommendations, and in accordance with Standard Exterior Setting For %" and 1" water meters, 1 '/2" to 2", 3" and 4" Water Meters Detail Drawings. 1. 5/8 x 3/4-inch, 1-inch, 1 '/z-inch, and 2-inch meters shall be installed by the Utility upon inspection and acceptance of the meter setting. DEVELOPMENT ADOPTED: 12/06/2011 02650-4 and Appurtenances 2. 3-inch and larger meters are issued by the Utility to be installed by the Contractor prior to inspection and acceptance. B. Meter pits and vaults shall not be installed in any street, alley, parking area, driveway, or sidewalk. C. Major landscaping (shrubs, boulders, etc.) and structures (retaining walls, fences, buildings, etc.) shall not be placed within four (4) feet of any meter box, pit or vault. D. Trees shall not be planted within six feet (6') of any meter box, pit or vault. E. The ground surrounding meter boxes, pits and vaults shall slope away from the lid at a minimum grade of 2%. F. No plumbing connections will be allowed inside the meter box, pit or vault. G. All tees, connections, and couplings shall be a minimum of five (5) feet downstream from the meter box, pit, or vault wall on the outlet side. Sprinkler System Detail. Tees and connections shall not be installed between the curb stop and the meter setter or copper horn. 2. Buried stop & waste valves shall not be installed between the meter boxes, pits, or vaults and the backflow prevention assembly. If blowout needed see Sprinkler System Detail. H. If the grade of the ground surrounding the meter box, pit or vault changes after the installation, the cover shall be adjusted to '/2 inch above the final grade by the property owner. Meter boxes, pits, or vaults shall not be covered or enclosed as to inhibit meter reading or meter maintenance. 3.02 INTERIOR METER SETTINGS A. Interior meter settings shall be installed by the Contractor in accordance with Standard Interior Setting For 3/<" and 1" Water Meters Detail Drawing. The meter, readout wire and readout shall be installed by the Utility upon inspection and acceptance of the meter setting. B. If the water service enters the house through the floor, a minimum of 4 inches of concrete or 24 inches of soil shall cover the water service from the edge of the foundation to the vertical riser. The meter setter shall be installed in a heated portion of the building. 2. Services shall be insulated from direct contact with concrete or other DEVELOPMENT Meters and Appurtenances ADOPTED: 12/06/2011 02650-5 abrasive surfaces. C. Copper horns shall not be placed in a crawl space. D. All copper horns shall be installed so that the meter is in a horizontal position. 1. The copper horn shall not be installed above a hot water heater. E. A clear and unobstructed access of not less than 24 inches by 24 inches shall be provided so that the copper horn can easily be reached. F. There shall be no tees or connections made between the water main and the meter. G. A '/z-inch, or larger, conduit shall be installed from the meter setter to the remote reading point. The conduit shall be EMT only. 2. There shall be no more than 75 feet of conduit between pull boxes. a. There shall be no more than 4 (four) 90-degree bends between pull boxes. b. All pull boxes must be installed no more than 96 inches above the floor. C. Pull boxes shall not be installed in attics or crawl spaces. 3. The remote reading point shall be a two (2) inch deep recessed electrical box with a blank metal cover. a. The recessed electrical box shall be mounted on the outside wall of the building, 48 to 66 inches above the ground, within 4 feet of the electrical meter, and between the electrical meter and the front of the building. b. The remote reading point shall not be covered or enclosed as to inhibit meter reading or meter maintenance. 3.03 METER INSPECTIONS A. All water fees shall be paid prior to inspection. B. A minimum of 48 hours notice is required on all meter inspections. C. All water meter inspections shall be scheduled through the Utilities Water Meter Shop. DEVELOPMENT Meters and Appurtenances ADOPTED: 12/06/2011 02650-6 The Developer shall be billed for re -inspections. D. Inspection of 3-inch and larger meters shall be made within 30 days of the issuance of the meter to the Contractor. END OF SECTION DEVELOPMENT Meters and Appurtenances ADOPTED: 12/06/2011 02650-7 (THIS PAGE INTENTIONALLY LEFT BLANK) DEVELOPMENT Meters and Appurtenances ADOPTED: 12/06/2011 02650-8 PROJECT SPECIAL PROVISIONS Mulberry Bridge Urban Design and Landscaping City of Fort Collins Bid No. 8279 March 24, 2016 Prepared By: F6rt Collins City of Fort Collins Engineering Department 281 North College Avenue Fort Collins, CO 80522-0580 (970)221-6605 Mulberry Bridge Landscaping & Urban Design COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS MULBERRY BRIDGE URBAN DESIGN AND LANDSCAPING The 2011 Standard Specifications for Road and Bridge Construction controls construction of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and Plans. PROJECT SPECIAL PROVISIONS Item Page IndexPages.................................................................................................................................................2 Noticeto Bidders........................................................................................................................................ 4 Commencement and Completion of Work.................................................................................................. 5 Summaryof Work....................................................................................................................................... 6 Revision of Section 102 - Project Plans and Other Data............................................................................. 8 Revision of Section 104 - Lane Rental Fee.................................................................................................. 9 Revision of Section 105 - Control of Work............................................................................................... I I Revision of Section 106 - Control of Material...........................................................................................13 Revision of Section 107 - Legal Relations and Responsibility to Public...................................................14 Revision of Section 201 - Clearing and Grubbing.....................................................................................15 Revision of Section 202 - Removal of Sidewalk.......................................................................................16 Revision of Section 203 - Earthwork and Site Preparation........................................................................ 17 Revision of Section 207 - Topsoil (Special).............................................................................................. 18 Revision of Section 208 - Erosion Control................................................................................................ 21 Revision of Section 209 - Watering and Dust Palliatives.......................................................................... 22 Revision of Section 203 - Earthwork and Site Preparation........................................................................ 22 Revision of Section 212 - Seeding, Fertilizing, Soil Conditioner and Sodding ......................................... 24 Revision of Section 213 - Mulching.......................................................................................................... 26 Revision of Section 214 - Planting............................................................................................................ 30 Revision of Sections 601 and 708 - Structural Concrete Stain.................................................................. 33 Revision of Section 601 - Structural Concrete........................................................................................... 37 Revision of Section 608 - Sidewalks and Bikeways.................................................................................. 39 Revision of Section 622 - Planter Pots....................................................................................................... 41 Revision of Section 623 - Irrigation System..............................................................................................44 Revision of Section 625 - Construction Surveying.................................................................................... 54 Revision of Section 630 - Construction Zone Traffic Control................................................................... 55 Utilities...................................................................................................................................................... 60 K Mulberry Bridge Landscaping & Urban Design COLORADO DEPARTMENT OF TRANSPORTATION STANDARD SPECIAL PROVISIONS MULBERRY BRIDGE URBAN DESIGN AND LANDSCAPING STANDARD SPECIAL PROVISIONS Item Date Page Revision of Sections 101 and 630 - Construction Zone Traffic Control ........ (April 30, 2015) ..............62 Revision of Section 105 - Violation of Working Time Limitation ............... (February 3, 2011) ............64 Revision of Section 106 - Certificates of Compliance and Certified Test Reports .....................................................(February 3, 2011) ............65 Revision of Section 107 - Contractor Obtained Stormwater Construction Permit ............................................(July 31, 2014) ...............66 Revision of Section 107 - Responsibility for Damage Claims, Insurance Types and Coverage Limits ............................. (February 3, 2011) ............67 Revision of Section 107 - Warning Lights for Work Vehicles and Equipment....................................................... (January 30, 2014) ............68 Revision of Section 108 - Delay and Extension of Contract Time ................. (April 30, 2015) ..............69 Revision of Section 108 - Liquidated Damages ............................................(October 29, 2015) ............71 Revision of Section 108 - Notice to Proceed ...................................................(July 31, 2014)...............72 Revision of Section 108 - Project Schedule .....................................................(July 31, 2014)...............73 Revision of Section 108 - Subletting of Contract ......................................... (January 31, 2013) ............79 Revision of Section 109 - Compensation for Compensable Delays .................(May 5, 2011) ................ 80 Revision of Section 109 - Measurement of Quantities ................................. (February 3, 2011) ............81 Revision of Section 109 - Measurement of Water ......................................... (January 6, 2012) .............82 Revision of Section 109 - Scales...................................................................(October 29, 2015) ............83 Revision of Sections 203, 206, 304 and 613 - Compaction .............................(July 19, 2012)............... 84 Revision of Section 208 - Erosion Control Supervisor ................................... (April 30, 2015) ..............86 Revision of Section 212 - Seed....................................................................... (April 26, 2012) ..............87 Revision of Section 250 - Environmental, Health and Safety Management. (January 15, 2015) ............88 Revision of Sections 412, 601 and 711 - Liquid Membrane -Forming Compounds for Curing Concrete ........................(May 5, 2011)..............103 Revision of Section 601 - Concrete Batching............................................... (February 3, 2011) ..........104 Revision of Section 601 - Concrete Finishing ..............................................(February 3, 2011) ..........105 Revision of Section 601 - Concrete Slump Acceptance ...............................(October 29, 2015) ..........106 Revision of Section 601 - QC Testing Requirements for Structural Concrete..............................................................(May 8, 2014)..............107 Revision of Section 601 - Structural Concrete Strength Acceptance .............. (April 30, 2015) ............108 Revision of Sections 601 and 701 - Cements and Pozzolans .......................(November 6, 2014) .........109 Revision of Section 630 - Retroreflective Sign Sheeting ..................................(May 8, 2014)..............113 Revision of Section 703 - Concrete Aggregates ..............................................(July 28, 2011).............114 Revision of Section 712 - Water for Mixing or Curing Concrete .................(February 3, 2011) ..........115 Mulberry Bridge Landscaping & Urban Design 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. Project Manager — Kyle Lambrecht, PE Engineering Department City of Fort Collins 281 North College Avenue Fort Collins, CO 80522-0580 Project Engineer — Caleb Feaver Engineering Department City of Fort Collins 281 North College Avenue Fort Collins, CO 80522-0580 Buyer — Elliot Dale Purchasing Department City of Fort Collins Phone: (970)221-6566 Fax: (970)221-6378 email: klambrecht(a,fcgov.com Phone: (970)416-4229 Fax: (970)221-6378 email: cfeaverna fc og v.com Phone: (970)221-6777 Fax: (970)221-6707 email: edaleafcgov.com The above referenced individuals are the only representatives of the City with authority to provide any information, clarification, or interpretation regarding the plans, specifications, and any other contract documents or requirements. Where reference is made in the plans and specifications to Owner, Department, Chief Engineer, Resident Engineer, Project Engineer, Engineer, and Inspection and Testing Agency it is understood to mean the City of Fort Collins, Colorado, representative. 4 Mulberry Bridge Landscaping i£ Urban Design COMMENCEMENT AND COMPLETION OF WORK The Contractor shall commence work under the Contract by the City in the "Notice to Proceed". The Contractor shall complete all work in accordance with the Contract within the number of Calendar days as specified in Subsection 108.08 below. Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.03 shall include the following: The Contractor's progress schedule shall consist of a Critical Path Method (CPM) schedule prepared using the Microsoft Project Software and submitted in hand and electronic formats. Salient features to be shown on the Contractor's Bar Chart Progress Schedule are: (1) Mobilization (2) Construction Traffic Control (3) Clearing and Grubbing/Removals (4) Concrete Planters (5) Irrigation (6) Topsoil (7) Boulders Placement (8) Plantings (9) Substantial Completion (10) Punch List (11) Final Completion and Demobilization Subsection 108.08 shall include the following: Substantial Completion for this project will be completed within Sixty (60) calendar days. In accordance with the "Schedule of Liquidated Damages" in Section 108.09, Liquidated Damages per Calendar Day will be $1,000.00 per day. Substantial Completion is defined as completion and acceptance of the following items as awarded by alternative: placement of erosion control items, removals, earthwork, topsoil placement, fine grading, boulder placement, concrete placement, native seeding, mulching and tackifier, landscaping installation, and irrigation installed and fully functioning. Final Acceptance for this project will be completed within ten (10) calendar days of Substantial Completion. In accordance with the "Schedule of Liquidated Damages" in Section 108.09, Liquidated Damages per Calendar Day will be $1,000.00 per day. Final Acceptance is defined as completed punch list items, erosion control items removed, site clean-up and demobilization. be checked by the City and bids that do not include the required references may be deemed non -responsive: r., I+ _% crF F+. cot I Jn S oh Owner Contact Information: I aju:' rit2O ��tjpd • 4 iann Contract Value: I O�VOD , _Project 2 Name: !L>W(A pT 71 rnr l_Tk-1 l..++o-r ),)[.ilt 1 1�1P1 1 A 1'1 Brief Description Q;U� 4 -1w nir1-tI Cut Ih!I it Lm geGzh-+ or'1 r� � Owner Contact Information: Prue q-io- 6 1 - .2�� 4 pbad sQ +S+i nc • C�an'1 Contract Value: I 09-15 BOO Project 3 Name: CI+U of F+ C,Ahos C I t AADVJ I ng - Brief Description: M cw YAO I M 011 n (! CJ Al d K'IA i ✓1+a 1 r`1 Owner Contact Information: LA k()wSjGa 0-10- mil- 2Dto3 Slt1�oW5� �' Contract Value: bee 64 Gar h trl'LP.IrL+ C4 tc �t �t-�12C Gs Mulberry Bridge Landscaping & Urban Design SUMMARY OF WORK PART 1 GENERAL 1.25 Modifications to Time of Completion in the Approved Schedule A. The date of beginning and the time for completion of the work are essential conditions of the Contract Documents and the work embraced shall be commenced on a date specified in the Notice to Proceed. The Contractor will proceed with the work at such rate of progress to ensure full completion within the contract time. It is expressly understood and agreed, by and between the Contractor and the Owner that the contract time for the completion of the work described herein is a reasonable time, taking into consideration the climatic and other factors prevailing in the locality of the work. Every effort shall be made by the Contractor to complete the project within the "Contract Time" shown in the proposal. The "Contract Time" anticipates "Normal" weather and climate conditions in and around the vicinity of the Project site during the times of year that the construction will be carried out. Extensions of time based upon weather conditions shall be granted only if the Contractor demonstrates clearly that such conditions were "unusually severe," would not have been reasonably anticipated, and that such conditions adversely affected the Contractor's work and thus required additional time to complete the work. The following specifies the procedure for the determination of time extensions for unusually severe weather. The listing below defines the anticipated number of calendar days lost to adverse weather for each month and is based upon National Oceanic and Atmospheric Administration (NOAA) or similar data for the geographic location of the project. Monthly Anticipated Calendar Days Lost to Adverse Weather Conditions JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC (7) (4) (4) (4) (6) (3) (4) (2) (3) (3) (2) (5) The above schedule of anticipated adverse weather will constitute the base line for monthly (or portion thereof) weather time evaluations. Upon acknowledgment of the Notice to Proceed and continuing throughout the contract on a monthly basis, actual adverse weather days and the impact of adverse weather days that delay the work will be recorded on a day-to-day basis. It is assumed that the work will be carried out Mondays through Fridays (holidays excepted) unless an approved construction schedule or written authorization from the Owner indicates otherwise. The number of days of delayed work due to adverse weather or the impact thereof will then be compared to the monthly adverse weather schedule above. An actual adverse weather day must prevent work for 50 percent or more of the Contractor's workday, delay work critical to the timely completion of the project, and be documented by the Contractor. The City Representative observing the construction shall determine on a daily basis whether or not work can proceed or if work is delayed due to adverse weather or the effects thereof. The Contractor shall notify the Engineer in writing of 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. Mulberry Bridge Landscaping & Urban Design At the end of each month, if the number of working days for which work was delayed due to adverse weather exceeds that shown in the above schedule, a Change Order will be executed which increases the Contract Time. The number of work days delayed due to adverse weather or the impact thereof will then be converted to Calendar Days based on the contract completion day and date. This conversion assumes a 5-day work week, Mondays through Fridays, holidays excepted; should the Contractor have authorization to work weekends and/or holidays, then the method of conversion of workdays to calendar days would take this into consideration. The contract time period will then be increased by the number of calendar days calculated above and a new contract completion day and date will be set. The Contractor's schedule must reflect the above -anticipated adverse weather delays on all weather - dependent activities. While extensions of time shall be granted for "unusually severe" weather or climate conditions, the Owner shall make no monetary compensation for any costs to the Contractor arising out of such delays. The Contractor shall comply with the portions of the Contract Documents relating to his project schedule and amendments thereto which result from the "unusually severe" weather condition. Breakdowns in equipment or lack of performance by the Contractor will not be considered justification for an extension of time. Liquidated damages will be assessed as delineated elsewhere. The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following, and the Contractor has promptly given written notice of such delay to the Owner or Engineer. 1. To any preference, priority, or allocation order duly issued by the Owner. To unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather as provided above; and To any delays of Subcontractors occasioned by any of the causes specified in paragraphs I and 2, above. 7 Mulberry Bridge Landscaping & Urban Design 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: A copy of the bid may be obtained as follows: 1. Download the Proposal/Bid from the Rocky Mountain E-Purchasing System, www.rockvmountainbidsystem.com 2. Come by Purchasing at 215 North Mason St. 2"d floor, Fort Collins, and request a copy of the Bid The following supporting information is available upon request: • Pages from the SH 14 over the Poudre River Project -Landscaping and Irrigation Improvements • As -Built information for the existing irrigation conduit locations Mulberry Bridge Landscaping & Urban Design REVISION OF SECTION 104 LANE RENTAL FEE Section 104 of the Standard Specifications is hereby revised for this project as follows: Subsection 104.04 shall include the following: (a) Approved Lane Rental Fee. The Contractor shall pay a daily lane rental fee for lane closures as defined by approved traffic control plans on East Mulberry Street during construction. The Contractor will be granted a lane rental allowance of fifty five (55) lane -days for which no deduction will be made from monies due the Contractor. Lane rental fees for all lane -days in excess of fifty five (55) will be deducted from any monies due the Contractor for work performed. The deduction will be based on the applicable rate for any and all closures, whether work is performed or not. This deduction will be reflected in each progress payment. This deduction is not a penalty, but is a rental fee based upon road user costs to occupy East Mulberry Street. The Engineer may determine that the lane rental fee will not be charged for lane closures for the following reasons: additional work not covered in the scope of the project and directed by the Engineer; acts of god, acts of the public enemy, fires, floods, area wide strikes, freight embargos, and delays not caused by the Contractor's fault or negligence. In the case of unusually severe weather, a lane rental fee will not be charged for each weather day after the second consecutive weather day. The lane -day rental fee for closures on East Mulberry Street shall be $500.00 (five hundred dollars) per lane -day. A lane -day is measured as: • Any day that a portion of a thru lane is closed to traffic on an arterial road. • Any day that a portion of a left turn lane is closed to traffic on an arterial road. • Any day that a portion of a right turn lane is closed to traffic on an arterial road. For approved daytime lane closures, a lane -day will be measured as any potion of time between the hours of 8:30 AM to 3:30 PM. If work extends beyond those approved working hours, an Unapproved Lane Rental Fee will be charged per section (b). For approved multi -day lane closure, the lane -day will be measured as a 24 hour period from 12:00 AM to 11:59 PM for each calendar day that the closure is approved and implemented. Lane closures between the hours of 8:00 pm and 5:00 am must be approved by the City prior to the commencemerrt of work. The Contractor cannot commence work without an approved traffic control plan. Lane closure days will not be measured for approved night work. A lane is considered closed when the number of available lanes is reduced from the number available prior to the work. Lane closures shall be documented in the Traffic Control Supervisor's (TCS's) diary each day that a lane closure is in use. The diary shall be signed by the TCS and the Contractor's representative. A copy of the day's diary shall be given to the Engineer at the end of each work day on which a lane closure is used. Mulberry Bridge Landscaping & Urban Design (b) Unapproved Lane Rental Fee. The contractor will be charged an hourly lane rental feel for work that is performed outside of approved working hours per the approved Traffic Control Plans, and/or work that is performed outside of an approved traffic control plan. Unapproved Lane Rental Fees may be charged in addition to other fees, charges and/or penalties as defined in the Contract. The Contractor will be charged a lane rental fee for any work that is performed outside of the approved hours that are permitted by the City Traffic Department and as defined on the approved traffic control plan, and/or for any work that is performed outside of an approved traffic control plan. The lane rental fee will be measured as an hourly rate and will be rounded up to the nearest whole hour in excess of the permitted lane closure time. The Unapproved Lane Rental Fee for closures on East Mulberry Street shall be $1,000.00 (one thousand dollars) per lane -hour. The Unapproved Lane Rental Fee will be measured and applied separately to each thru lane or turn lane that is impacted by an unapproved lane closure. The Unapproved Lane Rental Fee does not constitute an authorization to do work without an approved traffic control plan. 10 Mulberry Bridge Landscaping & Urban Design REVISION OF SECTION 105 CONTROL OF WORK Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.10 shall include: Coordination with Property Owners and Tenants The City of Fort Collins is committed to maintaining a positive working relationship with the businesses and residents in the project area. Every effort will be made to maintain pedestrian and bicycle flow and to accommodate special events and holidays for businesses, pedestrians, parking, and vehicle traffic. The Contractor shall be responsible to coordinate all work activities with private property owners and tenants along the project corridor. Access shall be maintained at all times. The Contractor shall be responsible for communicating accurate scheduling information to the project team to assure proper notification of businesses and residents. In particular, any proposed disruption or closure to an existing access must be communicated to the property Owners and tenants with as much notice as possible. The minimum notice that will be allowed for any proposed access change is 48 hours. The Contractor shall ensure that adequate alternate access is in place for vehicles and pedestrians and any property -specific access needs are addressed prior to any change in existing access. The Contractor shall coordinate his method of maintaining these accesses with the City of Fort Collins Traffic Operations Department. Coordination with Traffic Engineer and Traffic Control Supervisor The Contractor shall coordinate with the Owner's Traffic Engineer for all traffic control activities. Requests for initial Setup of the major project phases (road closures) must be made 3 weeks prior to projected set up. Allow up to 5 days for advanced warning signs. Requests for flaggers must be made and updated at the weekly progress meetings for the following week. Requests for minor traffic control set ups (lane drops, etc.) must be made 72 hours in advance of set up. Increased Traffic Control costs caused by delays assessed to the Contractor will be the responsibility of the Contractor. Delete subsection 105.12 and replace with the following: The City, County, CDOT, and local utilities including but not limited to City of Fort Collins Utilities, Xcel Energy, Comcast, and CenturyLink may contract for and perform other or additional work on or near the Work of the project. When separate contracts are let within the limits of the project, each Contractor shall conduct the Work without interfering or hindering the progress or completion of the work performed by other contractors. Contractors working on the same project shall cooperate with each other as directed. City forces will perform the following work as required by this project: • Permanent Signing • Water line tap • Connecting power from controller to designated power source • Electrical inspection of irrigation controller Traffic Coordination 11 Mulberry Bridge Landscaping & Urban Design 1. The Contractor shall coordinate with the City Traffic Engineer for all traffic control activities. This shall include, but not be limited to, closure of any City Streets, closure of any partial intersection movements, lane reductions, and detours. City Traffic Control Contact: Syl Mireles Phone:(970)221-6815 Email: smireles@fcgov.com 2. The City will remove and install all permanent signing. 3. City Signing and Striping Contact: Rich Brewbaker Phone:970-221-6792 Email: rbrewbakerAfceov.com 4. The Contractor is responsible for removal of pavement markings and installation and maintenance of temporary pavement markings necessary to control traffic during construction. This work will not be paid separately, but shall be included in Construction Traffic Control, Lump Sum. The Contractor shall coordinate with the City Traffic Engineer to schedule permanent signing and striping work in conjunction with other project activities. Full - compliance pavement markings in accordance with Section 627 shall be in place prior to opening the roadway to traffic. The Contractor shall cooperate with the City Traffic Department in their removal and installation operations so that progress is expedited, duplication of work is minimized, and impacts to traffic are minimized. Each Contractor involved shall assume all liability, financial or otherwise, in connection with the Contract and shall protect and save harmless the Owner from any and all damages or claims that may arise because of inconvenience, delay , or loss because of the presence and operations of Contractors working within the limits of the same or adjacent project. Contractor is responsible to coordinate with public and private utilities. Any work to be performed by public and private utilities shall be identified in Contractor's schedule. Delays due to coordination issues will be the responsibility of the contractor. Subsection 105.13 shall include: Surveying Coordination A. The Contractor will provide construction surveying for the project. Any necessary surveying will be incidental to the line item associated with the surveying work. B. The Contractor shall protect all survey monuments and construction stakes. If it is unavoidable to remove a survey monument or construction stakes, the Contractor is responsible for notifying the Surveyor and allowing enough time for the monuments or stakes to be relocated. The Contractor will be responsible for the cost of restaking construction stakes and for the cost of re-establishing a destroyed monument. 12 Mulberry Bridge Landscaping & Urban Design REVISION OF SECTION 106 CONTROL OF MATERIAL Section 106 of the Standard Special Provisions is hereby revised for this project as follows: Subsection 106.05 shall include the following: For this project, Contractor process control testing of hot mix asphalt is voluntary. 13 Mulberry Bridge Landscaping & Urban Design REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC Section 107 of the Standard Specifications is hereby revised for this project as follows: Subsection 107.01 shall include the following: All hauls traveling to or from Martin Marietta Materials, Inc. (MMM) located at 1800 North Taft Hill Road, Fort Collins, Colorado shall enter and exit the site from the North to CR 54G. No vehicle shall be driven or moved on any private or public highway, street, road or right of way if the vehicle is transporting aggregate material or asphalt paving material unless the load is covered by a tarp or other cover in a manner that prevents the load from escaping the vehicle and which minimizes fumes and emissions. Aggregate material means any rock, clay, silts, gravel, topsoil, limestone, dimension stone, marble and shale; except that aggregate material does not include wet concrete or other materials not susceptible to blowing. Asphalt paving material means any material formed by mixing aggregate and asphalt cement and includes hot mix asphalt, warn mix asphalt, and bituminous concrete. 14 Mulberry Bridge Landscaping & Urban Design REVISION OF SECTION 201 CLEARING AND GRUBBING Section 201 of the Standard Specifications is hereby revised for this project as follows: Subsection 201.02 shall include the following: Ralph Zentz, Assistant City Forester (970-221-6302), shall be responsible for identifying the removal of tree branches, stumps, shrubs and/or other plant materials beyond those trees identified in the removal plans for removal and/or transplant. Coordinate with the Assistant City Forester to have tree branches, stumps, shrubs, and other plant materials marked for removal. Clearing and grubbing shall include the removal of trees less than six (6) inches in diameter, bushes, shrubs, and seed as identified by the Engineer or the Assistant City Forester to be either removed or trimmed. All removed debris shall become the property of the Contractor and shall be removed from the project site, not buried on -site. Subsection 201.04 shall include the following: Pay Item Pay Unit Clearing and Grubbing Lump Sum 15 BID SCHEDULE - 8279 MULBERRY BRIDGE URBAN DESIGN & LANDSCAPING ITEM NO. ITEM DESCRIPTION UNIT QUANTITY UNIT COST COST 201 -00001 CLEARING AND GRUBBING LS 1 $1,800.00 $ 1,800.00 202 -00002 REMOVE SIDEWALK SY 20 $120.00 $ 2,400.00 203 -00001 EARTHWORK AND SITE PREPARATION LS 1 $3,000.00 $ 3,000.00 207 -00001 POTTING SOIL IN RAISED PLANTERS CY 10.4 $35.00 $ 364.00 207 -00002 TOPSOIL (SPECIAL) AND SOIL AMENDMENT CY 923 $25.00 $ 23,075.00 208 -00001 INLET PROTECTION EA 9 $750.00 $ 6,750.00 208 -00002 EROSION LOG - 12 INCH LF 600 $3.00 $ 1,800.00 208 -00003 CONCRETE WASHOUT STRUCTURE EA 1 $1,500.00 $ 1,500.00 208 -00004 VEHICLE TRACKING PAD EA 1 $2.500.00 $ 2.500.00 209 -00001 WATER (MEASURED IN THOUSAND GALLONS) M GALLONS 10 $1,000.00 $ 10,000.00 212 -00001 SEEDING SF 20,815 $0.15 $ 3,122.25 213 -00001 STEEL LANDSCAPE EDGING LF 2,590 $1.75 $ 4,532.50 213 -00002 COBBLE MULCH - 1.5 INCH TO 4 INCH AND WEED BARRIER TON 86 $85.00 $ 7,310.00 213 -00003 COBBLE MULCH - 3 INCH TO 6 INCH AND WEED BARRIER TON 67 $85.00 $ 5,695.00 213 -00004 COBBLE MULCH - 8 INCH TO 12 INCH AND WEED BARRIER TON 110 $85.00 $ 9.350.00 213 -00005 WOOD (ORGANIC) MULCH - HAUL AND PLACE CY 150 $25.00 $ 3,750.00 213 -00006 WOOD (ORGANIC) MULCH - MATERIAL ONLY CY 150 $30.00 $ 4,500.00 213 -00007 BOULDER (SANDSTONE) -'A' BOULDER (24X24X48) EA 31 $390.00 $ 12,090.00 213 -00008 BOULDER (SANDSTONE) -'B' BOULDER (24X24X36) EA 43 $350.00 $ 15,050.00 213 -00009 BOULDER (SANDSTONE) -'C' BOULDER (24X24X24) EA 35 $300.00 $ 10,500.00 213 -00010 BOULDER (SANDSTONE) -'D' BOULDER (20X18X18) EA 10 $275.00 $ 2,750.00 214 -00001 PERENNIALS EA 621 $18.50 $ 11,488.50 214 -00002 ORNAMENTAL GRASSES EA 323 $27.50 $ 8.882.50 214 -00003 SHRUBS - 1 GALLON EA 52 $27.50 $ 1,430.00 214 -00004 SHRUBS - 3 GALLON EA 16 $37.50 $ 600.00 214 -00005 SHRUBS - 5 GALLON EA 358 $48.20 $ 17,255.60 214 -00006 SHRUBS - 10 GALLON EA 9 $80.00 $ 720.00 214 -00007 SHRUBS - 4 FOOT HEIGHT EA 4 $100.00 $ 400.00 214 -00008 DECIDUOUS SHADE TREE - 2.5 INCH CALIPER EA 32 $475.00 $ 15,200.00 214 -00009 ORNAMENTAL TREE - 6 FOOT CLUMP EA 14 $375.00 $ 5,250.00 214 -00010 ORNAMENTAL TREE - 2 INCH CALIPER EA 31 $400.00 $ 12,400.00 214 -00011 EVERGREEN TREE - 6 FOOT HEIGHT EA 3 $400.00 $ 1,200.00 214 -00012 EVERGREEN TREE - 15 GALLON EA 25 $325.00 $ 8,125.00 Mulberry Bridge Landscaping & Urban Design REVISION OF SECTION 202 REMOVAL OF SIDEWALK 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 sidewalk 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 sidewalk (assumed 4-6 inches thick) she be removed in a manner that minimizes contamination of the removed sidewalk with underlying material. The removed sidewalk shall become the property of the Contractor and shall be disposed of outside the project site legally. The Contractor may dispose the removed sidewalk at the City of Fort Collins Recycling Center at 1380 Hoffman Mill Road. It is the responsibility of the Contractor to be familiar with acceptable disposal specifications of the City Recycling Center and to coordinate with the City Recycling Center if material is to be disposed at this location. Subsection 202.11 shall include the following: The removal of the existing sidewalk will be measured by the square yard of sidewalk removed to the required depth, and accepted. Sawcutting will not be paid separately and shall be included in the cost for removal of sidewalk. Subsection 202.12 shall include the following: Payment will be made under: Pay Item Pay Unit Remove Sidewalk Square Yard Work shall include all material, equipment, labor, and disposal of materials, including hauling, to complete the work. 16 Mulberry Bridge Landscaping & Urban Design REVISION OF SECTION 203 EARTHWORK AND SITE PREPARATION Section 203 of the Standard Specifications is hereby revised for this project as follows: Subsection 203.01 shall include the following: This work includes the removal of excess material in the pedestrian lookout areas, compaction under boulders prior to placement in order to prevent settling, and fine grading of topsoil and mulch in order to achieve final grades as shown on the plans. In Subsection 203.02, add the following paragraph: (g) Earthwork and Site Preparation. Earthwork and site preparation shall consist of the excavation and embankment of all materials of whatever character required for the work, obtained within the right of way, including surface boulders and excavation/embankment that is not covered under some other item. Earthwork and site preparation shall include (but is not limited to) removal and grading of material at the pedestrian lookouts, achieving compaction under boulders prior to placement adequate to prevent settling, and fine grading of topsoil and mulch in order to achieve final grades as shown in the plans. Subsection 203.14 shall include the following: Payment will be made under: Pay Item Pay Unit Earthwork and Site Preparation Lump Sum Work shall include all material, equipment, labor, and disposal of materials, including hauling, to complete the work. Fine grading and compaction operations shall not be paid for separately, but are included in the work. 17 Mulberry Bridge Landscaping & Urban Design 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 Engineer 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 Engineer 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 Passingpercent Retained percent 1 inch screen 100% 0-0% inch screen 97-100% 0-3% Contractor supplied topsoil shall meet the following criteria: Property Minimum Value Maximum Value pH 6.0 8.0 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 extractable solution used by CSU Soil, Water and Plant Testing Laboratory). 18 Mulberry Bridge Landscaping & Urban Design Nitrogen 3 ppm (Air Dried Basis) Phosphorus 3 ppm Potassium 30 ppm Iron (Fe) 5 ppm Topsoil shall not include any 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 as shown on the plans. Finished topsoil surface shall be 4 inches below proposed finish grades in order to accommodate the specified depth of wood and inorganic 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. The Contractor shall take care to schedule work such that the topsoil is not exposed for extended periods of time. Instead, the Contractor shall plan to cover the topsoil with mulch as soon as possible. Delete Subsection 207.04 and replace with the following: Topsoil will be measured in place by measuring random depths of topsoil and computing volume by multiplying the area times the average depth. Subsection 207.05 shall include the following: Payment will be made under: Pay Item Pay Unit Topsoil (Special) and Soil Amendment Cubic Yard The addition of manure or soil amendments needed to bring the topsoil into conformance with the specifications, importing topsoil from other sources, placing topsoil to approved grades, and testing cost 19 Mulberry Bridge Landscaping & Urban Design 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. 20 Mulberry Bridge Landscaping & Urban Design REVISION OF SECTION 208 EROSION CONTROL Section 208 of the Standard Specifications is hereby revised for this project as follows: Section 208.01 of the Standard Specifications is hereby revised for this project to include the following: Any loss of time or materials related to erosion shall be the sole responsibility of the Contractor. Any damage to surrounding properties or facilities (either on site or off site) related to erosion caused by construction of this project, will be the sole responsibility of the Contractor. Subsection 208.05 shall include the following: It shall be the responsibility of the Contractor to ensure that all roadways near the project are kept clean of construction debris. Section 208.12 shall include the following: All erosion control measures identified in the Contract and as directed by the Project Manager will not be measured and paid for separately but will be the plan quantities. The unit cost price bid will be full compensation for all work required to complete the item. Pay Item Inlet Protection (IP) Erosion Log — 12 Inch Concrete Washout Structure 21 Pay Unit Each LF Each Mulberry Bridge Landscaping & Urban Design REVISION OF SECTION 209 WATERING AND DUST PALLIATIVES Section 209 of the Standard Specifications is hereby revised for this project as follows: Subsection 203.01 remove the first paragraph and replace with the following: This work consists of applying water to soils or aggregates for moisture and density control, landscaping, prewetting an excavation area, and dust palliatives. It also includes additional various best management practices for controlling dust emissions. In Subsection 209.05, remove the last paragraph and replace with the following: Fugitive dust shall be addressed per the City of Fort Collins Dust Prevention and Control Manual. Required Best Management Practices (BMPs) applicable for this project include: 1. Earthmoving Activities a. Minimize disturbed area b. Reduce vehicle speeds for off -site transport c. Minimize drop heights of unloading trucks, loaders, excavator buckets, etc. d. High wind restrictions; work capable of producing fugitive dust will be temporarily halted in wind events greater than 30 mph. e. Restrict access to the work area to only authorized vehicles and personnel 2. Stockpiles a. Minimize drop heights of unloading trucks, loaders, excavator buckets, etc. when creating the stockpile b. Obtain a stockpile permit and comply with that permit 3. Streetsweeping a. Uncontrolled sweeping with use of a rotary brush, power broom, or other mechanical device that has no dust palliative will not be allowed. 4. Bulk Materials Transport a. All loads shall be completely covered to prevent material from blowing, dropping, sifting, leaking, or otherwise escaping from the vehicle. b. Minimize drop heights of unloading trucks, loaders, excavator buckets, etc. 5. Saw Cutting a. Restrict access to prevent public from entering the area where dust emissions occur. b. High wind restrictions; work capable of producing fugitive dust will be temporarily halted in wind events greater than 30 mph. c. Equipment and work area clean up using wet wiping, wet sweeping, or vacuuming with HEPA filtration for equipment and work area clean up. d. Slurry clean up to prevent water used for dust control or clean up from entering any storm drainage facility or watercourse by using containment, vacuuming, absorption or other method. 6. Mechanical Blowing a. Use the lowest speed on equipment appropriate for the task 22 Mulberry Bridge Landscaping & Urban Design b. Use the full length of the blow tube and place the nozzle as close to the ground as possible. c. High wind restrictions; work capable of producing fugitive dust will be temporarily halted in wind events greater than 30 mph. The above measures will be incidental to work creating fugitive dust. Contractor shall submit a fugitive dust management plan to the City for approval prior to the start of construction. When water is used as a dust palliative, the Contractor shall inform the City of its use and measured quantity. Subsection 209.08 shall include the following: Payment will be made under: Pay Item Pay Unit Water (M Gallons) 23 Mulberry Bridge Landscaping & Urban Design REVISION OF SECTION 212 SEEDING, FERTILIZING, SOIL CONDITIONER AND SODDING Section 212 of the Standard Specifications is hereby revised for this project as follows: DESCRIPTION Section 212.01 shall be revised to read as follows: This work consists of soil preparation, application of fertilizer, and furnishing and placing seed. The work shall be in accordance with the Contract and accepted horticultural practices. MATERIALS Subsection 212.02, 2nd Paragraph shall be revised to read as follows Seed types and amount of PLS required per acre shall be provided in accordance with the drawings. 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. Sodding is not a part of the project. Delete this section from the specifications. Subsection 212.06 shall be revised to include the following: (b) Fertilizing and Soil Conditioning — Fertilizer and supplemental compost are not required as part of this Section. Delete this paragraph from the specifications. 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 the 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. This work will be paid under Section 201 — Clearing and Grubbing. Protection. Field locate buried cables, wires, electrical service, irrigation lines and other subsurface element that may be damaged during ripping operations. Stake and/or paint locations with an easily 24 Mulberry Bridge Landscaping & Urban Design visible system that will enable equipment operators to avoid damaging buried utilities. This work is incidental to the line item. Roundup (glyphosate) Application. Apply to areas to be seeded a minimum of two (2) weeks prior to seeding. Apply Roundup only when weeds are growing vigorously. Apply at manufacturers maximum recommended rate. Seeding Application. Drill seed 0.25 inch to 0.5 inch into the soil. In areas that are not accessible to a drill, hand broadcast at triple the above rate and rake 0.25 inch to 0.5 inch into the soil. Special Requirements. Hydroseeding will not be allowed. Reseeding Operations/Corrective Stabilization. Seeded areas shall be reviewed by the Owner's Representative for bare soils caused by surface or wind erosion. Bare areas shall be regraded, seeded, mulched and have mulch tackifier (or blanket) applied as necessary, at no additional cost to the project. The Contractor shall maintain seeded areas, mow to control weeds or apply herbicide to control weeds in the seeded areas until Final Acceptance. METHOD OF MEASUREMENT Subsection 212.07 Delete paragraphs 2 and 3 from the specifications. Soil conditioning is not required in this Section. The 0 paragraph shall be revised as follows: The Contractor shall furnish the Engineer with seed certifications and analysis, fertilizer analysis, and bag weight tickets prior to placing seed. Any seed placed by the Contractor without the Engineer's approval will not be paid for. Subsection 212.08 Payment will be made under: Pay Item Seeding BASIS OF PAYMENT Pay Unit Square Foot Finish grading, utility locates, fertilizer, herbicide and mulch application will not be measured and paid for separately, but shall be included in the work. 25 BID SCHEDULE - 8279 MULBERRY BRIDGE URBAN DESIGN & LANDSCAPING ITEM NO. ITEM DESCRIPTION UNIT QUANTITY UNIT COST COST 601 -00001 RAISED CONCRETE PLANTERS EA 2 $2,800.01) $ 5.600,00 607 -00001 FENCE (PLASTIC) LF 170 $50.00 $ 8.600.00 606 -00001 CONCRETE SIDEWALK - 6 INCH SY 20 $135.00 $ 2,700.00 608-00002 CONCRETE FLATVVORK(COLORED)-6INCH SY 135 $162.00 $ 21.670.00 608 -00003 TRENCH DRAIN LF 23 $15,00 $ 345.00 622 -00001 TYPE I CONCRETE PLANTER POT EA 10 $2,866.10 $ 23.667,00 622 -00002 TYPE II CONCRETE PLANTER POT EA 10 $2,866.70 $ 23,667.0-1 622 -00003 TYPE III CONCRETE PLANTER POT EA 8 $2,783.25 $ 22.266-OD 623 -00001 IRRIGATION LS 1 $58,OD0.00 $ 56,OOO.00 623 -OOD02 IRRIGATION TAP, METER AND BACKFLOW LS 1 $6,OD0.00 $ 6,OOO.D3 626 -00001 MOBILIZATION LS 1 $38,000.00 $ 38,000.00 630 -OOD01 CONSTRUCTION ZONE TRAFFIC CONTROL LS 1 $27.000.00 $ 27,000.05 TOTAL BASE BID S 462ADS.35 IN WORDS fCtU, Lk-t l�-k �1A4 1) L' fiJ� t;]f wv If.t Lcl tikk & A 44 ��^' t WLA 810 ALTERNATE 1 623 -00003 IRRIGATION - SPRAY (NORTHEAST QUADRANT) LS 1 $4,950,00 $ 4.950.OD 623 -OOD04 IRRIGATION - SPRAY (SOUTHEAST QUADRANT) LS 1 $7,95C.00 $ 7.950.00 TOTAL BID ALTERNATE 1 S 12,900.00 Mulberry Bridge Landscaping & Urban Design 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: This work also consists of furnishing and placing aggregate inorganic mulch to include — 1.5" dia. Tan River Rock, 3" to 6" dia. Tan River Rock and 8" to 12" dia. River Cobble; 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: "Choice Natural", as supplied by Hageman Earth Cycle, 970-221-7173, four inch (4") depth (minimum) — no weed barrier required. Option 1: Contractor shall purchase Wood (Organic) Mulch from supplier. Contractor shall submit samples of Wood (Organic) Mulch for approval by Owner or Owner Representative prior to purchasing and installing mulch. If Option 1 is used, Contractor shall be paid using the following pay items: • Wood (Organic) Mulch — Haul and Place • Wood (Organic) Mulch— Material Only Option 2: 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 Contractor's 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, complete in place. If Option 2 is used, Contractor shall be paid using the following pay item: • Wood (Organic) Mulch —Haul and Place Steel Landscape Edging. Delete the "Metal Landscape Border" 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 (I 101), or approved equivalent. Edger Size: 1/8" thick by 4 inches Q: Mulberry Bridge Landscaping & Urban Design Stakes: Tapered steel, a minimum of twelve inches (12"). Accessories: Standard tapered ends, corners, 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. Inorganic Mulch —1.5 " dia. Tan River Rock. 3" deep, hard, durable stone, washed free of loam, sand, clay, and other foreign substances. Inorganic Mulch — 3 " to 6" dia. Tan River Rock. Hard, durable stone, washed free of loam, sand, clay, and other foreign substances. Inorganic Mulch — 8 " to 12 " dia. River Cobble. Hard, durable stone, washed free of loam, sand, clay, and other foreign substances. Contractor shall submit samples of inorganic mulch for approval by Owner or Owner Representative prior to installation. Landscape Boulders. Stone Type: Colorado Buff Sandstone Approved Suppliers: A. Arkins Park Stone Quarries (Loveland), 970.663.1920 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. Contractor shall submit samples of boulders for approval by Owner or Owner Representative prior to site delivery. Contractor is encouraged to make arrangements with Owner or Owner Representative for selection of boulders at supplier. CONSTRUCTION REQUIREMENTS Subsection 213.03 Delete subsection (e) Metal Landscape Border and replace with the following: Install by laying out beds scaled from the plans. Stake, flag, or paint proposed beds prior to installation of edging and obtain approval by 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 (I") 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 27 Mulberry Bridge Landscaping & Urban Design 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 brand 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 inorganic 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 fabric edges a minimum of six -inches (6"). Seams and edges of fabric shall be pinned at 12" min intervals. Add (i) Inorganic Mulch —1.5 " dia. Tan River Rock as follows: Apply 3-inch compacted average thickness layer of rock mulch, and finish level with adjacent finish grades. Landscape weed barrier fabric is required in all 1.5" river rock mulch areas. Add 6J Inorganic Mulch — 3 " to 6" dia. Tan River Rock as follows: Apply 3-inch to 6-inch (single layer, completely covering the weed barrier fabric) compacted average thickness of 3-inch to 6-inch mulch, and finish level with adjacent finish grades. Landscape weed barrier fabric is required in all 3-inch to 6-inch river rock mulch areas. Add (k) Inorganic Mulch — 8" to 12" dia. River Cobble as follows: Apply a single layer of mechanically placed, followed by hand placed/distributed. Landscape weed barrier fabric is required beneath all 8-inch to 12-inch river cobble. Add (m) Landscape Boulders as follows: A. Placement of Landscape Boulders: 1. Prior to installation of boulder, compact soil material beneath boulders, as indicated in the drawings. 2. Place boulders with most attractive face oriented towards roadway, unless otherwise noted or directed by the Owner's Representative. 3. Tolerance: Top of Boulder elevations shall be within 0.1feet of the designed elevation. 4. Bury approximately 1/3 the height of the boulder, unless otherwise noted. 5. 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. 6. Vertical joints between abutting boulders shall not exceed linch in width. Chiseling and chipping may be required to achieve desired appearance. Chinking is not acceptable. 7. Use protection (rubber pads or carpet) on equipment to reduce scarring. METHOD OF MEASUREMENT Mulberry Bridge Landscaping & Urban Design Subsection 213.04 The quantity of Landscape Weed Barrier Fabric will not be measured separately, but will be incidental to the placement of the inorganic mulch. The quantity of 1.5" dia. Tan River Rock will be measured by the actual tonnage of material placed. The quantity of 3" to 6" dia. Tan River Rock will be measured by the actual tonnage of material placed. The quantity of 8" to 12" dia. River Cobble will be measured by the actual tonnage of material placed. Landscape Boulders will be measured by the actual quantities, in the specific sizes installed and accepted as shown on the drawings. Landscape Weed Barrier Fabric backing for boulders will not be measured separately, but will be incidental to the work. BASIS OF PAYMENT Subsection 213.05. Add the following line items to the Pay Schedule as follows: Payment will be made under: Pay Item Steel Landscape Edging Cobble Mulch — 1.5 Inch to 4 Inch and Weed Barrier Cobble Mulch — 3 Inch to 6 Inch and Weed Barrier Cobble Mulch — 8 Inch to 12 Inch and Weed Barrier Wood (Organic) Mulch — Haul and Place Wood (Organic) Mulch — Material Only Boulder (Sandstone) —'A' Boulder (24x24x48) Boulder (Sandstone) — `B' Boulder (24x24x36) Boulder (Sandstone) — `C' Boulder (24x24x24) Boulder (Sandstone) — `D' Boulder (20xl8xl8) NU Pay Unit Linear Foot Ton Ton Ton Cubic Yard Cubic Yard Each Each Each Each Mulberry Bridge Landscaping & Urban Design 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: See Section 213 for wood mulch, inorganic mulch 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 City's responsibility following final acceptance for the entire/completed project. The contractor shall NOT be responsible for any warranty requirements on the irrigation or landscaping following final acceptance. After all planting on the project is complete, a plant inspection shall be held including the Contractor, Owner, 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, prune the plants, repair, repair or adjust guying and staking material. The Contractor shall also remove weeds from planting beds and tree area saucers monthly, and maintain specified depths of mulching material. Dead, dying or rejected material shall be removed each month during the Landscape Establishment Period as directed by the Owner. 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 30 Mulberry Bridge Landscaping & Urban Design 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. Work performed associated with landscape establishment will not be measured separately but shall be considered incidental to the work. Subsection 214.04 Delete Section (b), (1) Watering in Irrigated areas 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: The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all excavation, 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, and all other items necessary to complete the work as shown on the plans will not be 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: Watering of plant materials during the project will not be paid for separately, but shall be included in the price of the work. 31 Mulberry Bridge Landscaping & Urban Design Pay Item Pay Unit Perennials Each Ornamental Grasses Each Shrubs —1 gallon Each Shrubs — 3 gallon Each Shrubs — 5 gallon Each Shrubs — 10 gallon Each Shrubs — 4 foot height Each Deciduous Shade Tree — 2.5 inch caliper Each Ornamental Tree — 6 foot clump Each Ornamental Tree — 2 inch caliper Each Evergreen Tree — 6 foot height Each Evergreen Tree — 15 gallon Each 32 Mulberry Bridge Landscaping & Urban Design REVISION OF SECTIONS 601 AND 708 STRUCTURAL CONCRETE STAIN Section 601 and 708 of the Standard Specifications are hereby revised to include the following: Subsection 601.01 is revised to include the following: This work consists of: (1) Class 2 surface finish of concrete to receive Concrete Stain; (2) providing and applying an opaque structural concrete stain to all concrete surfaces previously designated in the Contract to receive a structure concrete stain; and (3) provide up to 5-gallons of pre -mixed touch-up stain. The color of the structural concrete stain shall be as noted on the plans, and shall be Approved by the Owner from test panels provided by the Contractor. The structural concrete stain shall be one of the following products or Approved equals: I . RAINSTOPPER RS400 - Semi Transparent Stain Textured Coatings of America Pro -Coat Systems, Inc. 5775 Stapleton Drive North Denver, Colorado 80216 303-322-9009 2. "Acrylic" Structural Concrete Stain Anchor Paint Co. of Denver, Inc. 641 South Jason Denver, Colorado 80223-2305 303-744-2361 3. Bridge and Highway Concrete Sealer, B97-Series The Sherwin-Williams Company 543A Santa Fe Drive Denver, Colorado 80204 303-893-1303 Subsection 601.03 is revised to include the following: Structural Concrete Stain as specified in subsection 708.08 Subsection 601.09(f) is revised to include the following: All concrete forms shall be treated with a water based concrete form release agent prior to placing reinforcement for surfaces to which structural concrete stain is to be applied. Subsection 601.14 (a), third paragraph, is deleted and replaced with the following: Structural concrete stain shal I be the final finish for all concrete surfaces designated on the plans and in these specifications. 33 Mulberry Bridge Landscaping & Urban Design Subsection 601 .14(b) 4 is deleted and replaced with the following: Unless otherwise shown on the plans, the structural concrete stain shall be applied to all exposed concrete elements of the structure above the ground line, and shall extend 1-foot below the finished ground line. Bridge bearing devices, fence, and steel bridge rail components shall be masked or otherwise protected to prevent structural concrete stain from coming into contact with them. The color of the Structural Concrete Stain shall have the written approval of the Owner prior to final hatching and application on the project. The final color of the approved structural concrete stain shall be determined as follows: 1. 2 foot by 2 foot samples of the colors required by the Contract, shall be submitted to the Owner for Approval. The Stain samples shall be applied to a surface similar in texture to the concrete surface on which the stain will be applied on the project. The Stain samples shall be applied by the same methods to be used in field application. 2. At least three weeks prior to beginning of the application of the structural concrete stain, 100 sf test panels shall be prepared for final color Approval. The test panels shall be produced on the actual concrete surface on which the final product will be placed, at a location recommended by the Contractor and approved by the Owner. The stain shall be applied to the test panels by the same methods to be used in the final field application. The Owner will be allowed three business days for the stain to dry after stain application to the test panels and to issue Approval. Concrete finishing and curing shall be completed in accordance with the specification prior to the application of the Stain. The concrete finish to which the structural concrete stain is to be applied shall be a Class 2 Finish, except as modified below: Following curing of the concrete in accordance with Subsection 601.13, all projections and bulges shall be removed and the surface sandblasted. Sandblasting shall profile the concrete surface, remove all form release agents, and all other deleterious materials that would inhibit the bond of the Structural Concrete Stain. The profile of the sandblasted concrete surface shall be equivalent to Concrete Surface Profile Three (CSP 3) as defined in Technical Guideline No. 03732, "Selecting and Specifying Concrete Surface Preparation for Sealers, Coatings, and Polymer Overlays" by the International Concrete Repair Institute. The Contractor shall provide a CSP 3 chip for use on the project. 2. A mortar mix, proportioned by volume, consisting of one part portland cement, two to three parts sand (conforming to the requirements of ASTM C 144), and an approved bonding agent shall be used to patch all holes produced by form ties, honeycombing, voids 1/2 inch or larger in any dimension, broken corners and edges, and other defects. The mortar mix shall include an approved bonding agent. The quantity and application procedure of the bonding agent shall be in accordance with the recommendations of the manufacturer of the bonding agent. Areas to be patched shall be moistened with water before the mortar is applied, and the patched area, shall be float finished and left flush with the concrete surface without checking or cracking of patches. Patching shall be done when the ambient temperature is at least 407. Holes deeper than 3/4 inch shall be filled in layers that do not exceed 1/2 inch in thickness. Within 24 hours prior to applying structural concrete stain, the concrete surface to be stained shall be cleaned by water blasting at a minimum pressure of 3,000 psi and at a rate of 4 to 14 gallons/minute, 34 Mulberry Bridge Landscaping & Urban Design to remove dust, dirt, and other materials that would inhibit penetration of the stain. If the surface is contaminated before application of the stain, it shall be re -cleaned as required prior to application of the stain. New concrete shall be at least 28 Days old or as approved in writing by the stain manufacturer before the stain is applied. Two applications of stain are required. Each application shall be applied at a rate of 200 to 250 square feet per gallon. (Approximately 3 mils dry film thickness.) The second application shall not be made within 12 hours of the first application. If the surface is contaminated between applications, it shall be re -cleaned as stated above prior to the making the second application. The stain shall be mixed mechanically and applied by spraying. Workmanship shall be such that the final stained surface is colored uniformly and presents a pleasing appearance. Any areas determined by the Owner to be insufficiently stained shall be re -stained. The stain shall be applied only when the ambient temperature is between 40°F and 90°F, and is anticipated to remain above 40°F for a minimum of twenty-four hours. The surface to be stained shall be dry and free of frost. Subsection 601.19 is revised to include the following: Structural Concrete Stain will not be measured, but shall be the surface area quantity shown on the plans; except that measurements will be made when field changes are ordered, or for an error of plus or minus 5 percent of the plan quantity for each structure to be stained. Subsection 708.08 is revised to include the following: 708.08 Structural Concrete Stain: The Stain shall be a one -component, non -vapor barrier, solvent based acrylic resin. No sand or other texturing agents will be permitted. PHYSICAL PROPERTIES Solid by Weight: 51%, plus or minus 2% Solids by Volume: 34%, plus or minus 2% A material safety data sheet (MSDS) prepared in accordance with Federal Standard 313 and a complete set of manufacturers mixing and application instructions shall be submitted to the Owner before the Contractor begins applying the Stain. METHOD OF MEASUREMENT Subsection 601.19 is revised to include the following: Structural Concrete Stain will not be measured and paid for separately, but shall be included in the cost of "Raised Concrete Planters" item and shall include full compensation for all water -based form release agent, sample preparation, abrasive blasting, patching materials and application, structural concrete stain and application, labor, equipment, tools, and materials necessary to complete the work. 35 10. 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 caned for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. RESPECTFULLY SUBMITTED: f)uKl)'r, t.qt+.&t:14PE CONTRA!CTO. R 1 BY: 1�1k L- Tel Printed Date Title License Number (If Applicable) (Seal - if Bid is by corporation) Address Telephone Email Mulberry Bridge Landscaping & Urban Design Structural Concrete Stain shall be in accordance with Section 601 of the CDOT Standard Specifications for Road and Bridge Construction, and with the Revision to Section 601 and 708 — Structural Concrete Stain. KT Mulberry Bridge Landscaping & Urban Design REVISON OF SECTION 601 STRUCTURAL CONCRETE Section 601 of the Standard Specifications is hereby revised for this project as follows: Subsection 601.01 shall be revised as follows: This work consists of the construction of raised concrete planters in accordance with these specifications and in conformity with the lines and grades shown on the plans or established. MATERIALS Subsection 601.02 shall be revised to include the following: Class D concrete shall be used to construct the Raised Concrete Planters. Steel reinforcements shall be installed in accordance with the drawings and with Section 602. CONSTRUCTION REQUIREMENTS Subsection 601.03 shall include the following: Class 1, Ordinary Surface Finish. All fins and irregular projections shall be removed from all surfaces except from those which are not to be exposed or are not to be waterproofed. On all surfaces, the cavities produced by form ties, honeycomb spots, broken corners or edges and other defects shall be thoroughly cleaned, moistened with water and carefully pointed and trued with a mortar consisting of cement and fine aggregate and the surface left sound, smooth, even and uniform in color. Mortar used in pointing shall be not more than 30 minutes old. The mortar patches shall be cured as specified in subsection 601.13 or other approved methods. All construction and expansion joints in the completed work shall be left carefully tooled and free of all mortar and concrete. The joint filler shall be left exposed for its full length with clean and true edges. Subsection 601.10 shall be deleted in its entirety. Subsection 601.11 shall be deleted in its entirety. Subsection 601.12 shall be revised to include the following: Concrete Stain. Raised Concrete Planters shall be stained in accordance with the drawings and with Sections 601 & 708. Joints and Reveals. Wall joints and reveals shall be provided in the locations, and of the dimensions, indicated in the drawings. Drainage and Irrigation Sleeves. Drainage and irrigation sleeve shall be constructed at locations shown on the plans or as ordered. Subsection 601.16 shall be deleted in its entirety. 37 Mulberry Bridge Landscaping & Urban Design METHOD OF MEASUREMENT Subsection 601.19 shall include the following: Raised Concrete Planters will be measured by the number of raised planters installed in accordance with the dimensions shown on the plans. BASIS OF PAYMENT Subsection 601.20 shall be revised to include the following: The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all subgrade excavation & compaction, formwork, concrete, steel reinforcements, finish work, staining, irrigation sleeves and drain sleeves located within the raised planters, angular drainage rock, weed barrier and all other items necessary to complete the work as shown on the plans will not be paid for separately but shall be included in the work. Potting Soil is not included in this item. Payment will be made under: Pay Item Pay Unit Raised Concrete Planter Each m Mulberry Bridge Landscaping & Urban Design REVISON OF SECTION 608 SIDEWALKS AND BIKEWAYS Section 608 of the Standard Specifications is hereby revised for this project as follows: Subsection 608.01 shall be revised as follows: This work consists of the construction of colored concrete sidewalk and trench drains in accordance with these specifications and in conformity with the lines and grades shown on the plans or established. MATERIALS Subsection 608.02 shall be revised as follows: Materials shall meet the requirements specified in the following subsections: Joint Fillers 705.01 Bed Course Material 703.07 Concrete for sidewalks and trench drains shall be Class B, and meet the requirements of Section 601. Concrete mixes will be subject to inspection and tests as required to assure compliance with quality requirements. Color: "Omaha Tan", Integral Color Concrete, by Davis Colors. Trench Drain Grate and Frame. Trench grate frame and grate shall be shall be provided by the same manufacturer. Trench grates shall be fabricated from grey iron (no finish). Trench grate frame shall be fabricated from heavy steel angle (no finish). The trench grate frame and grate shall be installed as shown in the plans and details. If field cutting of the grate is necessary to fit within the allotted space, the cut end shall be placed against the Raised Concrete Planter. The end of the grate closest to the street edge shall be uncut. Grates shall be fastened to the grate frame per manufacturer's instructions. CONSTRUCTION REQUIREMENTS Subsection 608.04 shall be deleted in its entirety. METHOD OF MEASUREMENT Subsection 608.05 shall include the following: Concrete Flatwork (Colored) will be measured by the number of square yards installed and accepted as shown on the plans. Trench Drain will be measured by the number of lineal feet installed and accepted, as shown on the plans. BASIS OF PAYMENT 5W Mulberry Bridge Landscaping & Urban Design Subsection 608.06 shall be revised to include the following: The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all demolition and removal, sawcutting, subgrade excavation and compaction, formwork, concrete, color pigment, steel reinforcements, expansion joints, control/score joints, finishing, grates, grate frames, and all other items necessary to complete the work as shown on the plans will not be paid for separately but shall be included in the work. Payment will be made under: Pay Item Pay Unit Concrete Sidewalk — 6 Inch Square Yard Concrete Flatwork (Colored) — 6 Inch Square Yard Trench Drain Linear Foot 40 Mulberry Bridge Landscaping & Urban Design REVISION OF SECTION 622 PLANTER POTS Section 622 of the Standard Specifications is hereby revised to include the following: DESCRIPTION This work shall consist of furnishing equipment, labor, fabrication and materials to do work necessary to install Planter Pots as indicated on the Drawings and as specified herein. The types of Planter Pots are designated as follows: Type I Concrete Planter Pot Type II Concrete Planter Pot Type III Concrete Planter Pot MATERIALS Manufacturer: Komegay Design, email: info@komegaydesign.com, toll free 877.252.6323, fax 602.252.6322, web site: www.komegaydesign.com, or approved equivalent Style: Dune Series Color: "Omaha Tan", Integral Color Concrete, by Davis Colors. Finishing. Sandblasted Finish. Drain Holes. Drain holes shall be factory drilled in the center of the base of each pot. Planter pots shall be installed so that drain holes are centered over the existing trench drain (where present), as shown in the plans and details. Irrigation Holes: Irrigation supply holes shall be factory drilled. The location of the existing irrigation sleeves varies by planter pot location. Contractor shall field measure the location of existing irrigation sleeves and coordinate irrigation hole locations for each planter pot, as required, in order to place planter pots in the designated locations and orientation. Gaps between irrigation holes and irrigation supply pipes shall be grouted full with an epoxy based non -shrink grout to prevent water from draining through irrigation holes. Water shall not leak through irrigation holes after planter pot installation is complete. Mounting: Place pots in locations shown on the plans and details. Pots shall not be fastened to concrete. Orientation: The specified Planter Pots have a curved rim with two "high points". The planter pots shall be oriented so that high points of the rim are parallel to the street center line. If an imaginary line were drawn between the 2 high points on the rim of the pot, the pots shall be installed so this imaginary line is parallel to the street centerline. Shop Drawings: Prior to ordering the planter pots, the contractor shall field measure the existing concrete plinths and prepare Planter Pot Shops Drawings for review and approval by the Owner. The shop 41 Mulberry Bridge Landscaping & Urban Design drawings shall illustrate: the size and shape of the existing raised plinths, location and dimensions of existing trench drains; size and location of existing irrigation sleeves/risers; planter pot locations and sizes (including diameter of base and rim); and each pot shall be identified with a unique number/letter on the shop drawings. The manufacturer shall label each pot with the corresponding number/letter to ensure that the pots are installed in the proper locations and orientation. The label shall be placed in a location that will not be visible after the pots are installed and filled with soil. Planter Pot ('Type 1) Model: DS-29 Dimensions and Weight: 29" tall, 72" dia., 29.75" base, 22801b. Drain Hole: 1 7/8" drain hole centered in base of pot. Irrigation Hole: With the planter pot in the proper position and orientation, the irrigation hole(s) shall be centered over the existing irrigation sleeves. Diameter of irrigation hole(s) shall be sized to accommodate installation of specified irrigation equipment. Planter Pot (Type 11) Model: DS-40 Dimensions and Weight: 40" tall, 60" dia., 28" base, 2280 lb. Drain Hole: 1 7/8" diameter, centered in base of pot. Irrigation Hole: With the planter pot in the proper position and orientation, the irrigation hole(s) shall be centered over the existing irrigation sleeves. Diameter of irrigation hole(s) shall be sized to accommodate installation of specified irrigation equipment. Planter Pot (Type III) Model: DS-23 Dimensions and Weight: 23" tall, 36" dia., 16" base, 515 lb. Drain Hole: 1 1 /4" drain hole centered in base of pot. Irrigation Hole: With the planter pot in the proper position and orientation, the irrigation hole(s) shall be centered over the existing irrigation sleeves. Diameter of irrigation hole(s) shall be sized to accommodate installation of specified irrigation equipment. METHOD OF MEASUREMENT Planter Pots shall be measured and paid for by the total number of each installed and accepted, as shown on the plans. Field measurements, shop drawings, drain holes, irrigation holes, drainage rock, weed barrier, and potting soil will not be measured and paid for separately but shall be included in the work. 42 Mulberry Bridge Landscaping & Urban Design BASIS OF PAYMENT The accepted quantities of the planter pots as provided above will be paid for at the Contract unit price per each, which shall be compensation for all labor, equipment and materials including installation and adjustment required to complete the item. Payment will be made under: Pay Item Pay Unit Type I Concrete Planter Pot Each Type II Concrete Planter Pot Each Type III Concrete Planter Pot Each 43 Mulberry Bridge Landscaping & Urban Design REVISION OF SECTION 623 IRRIGATION SYSTEM Section 623 of the Standard Specifications is hereby revised for this project as follows: DESCRIPTION 623.01 This work consists of furnishing and constructing an irrigation system in accordance with these specifications and in conformity with the lines and grades shown on the plans or established. MATERIALS 623.02 General. All materials and equipment incorporated into the irrigation system shall be new and of recognized standard quality. In the case of computer software or hard coded instructions, the latest available version from the manufacturer is required. All materials shall be of a standard line from a name brand manufacturer, or must be approved. 623.03 Meter and Backflow Preventer. The following protocol shall be followed for the coordination and installation of the irrigation tap: • Contractor — Responsible for excavation necessary to expose waterline, providing a safe trench for City Utilities to work. Trench should be anticipated to be approximately 4 foot by 6 foot in size and meet all current OSHA requirements. Contractor is responsible for coordinating with City Utilities to determine acceptable trench size and shoring prior to scheduling water tap. • City - Taps the municipal water line and installs the corporation stop (corporation stop, as well as all tapping materials, provided by Contractor) • Contractor — Sets service line. Installs meter pit including bedding, tubing and connectors. Installs backflow preventer • City — Sets water meter in vault • Contractor — Backfills all excavations. Prior to backfill, all utility work must be accepted by City Utilities. Contractor is responsible for coordinating and scheduling inspections with City Utilities Department. Install water meter pit and valves per national and local codes. Contractor is responsible for obtaining current construction standards and details from City Utilities Department prior to performing work. Contractor is responsible for coordinating with City Utilities Department to schedule City crews. Reduced pressure -type backflow preventers shall include two check valves, a relief valve, two gate or ball valves, and test cocks for field testing. Reduced pressure -type backflow preventers shall meet the requirements in the Colorado Department of Health, Cross Connection Manual, and shall have a non - shock cold water rating of at least 150 PSI. 623.04 Automatic Controllers. The automatic controller shall be an electro- mechanical or microprocessor based/microelectronic solid state type capable of operating in an automatic or manual mode. The controller shall have a minimum of six stations. Each station shall be programmed to operate for 1 to 99 minutes, or 0.1 to 9.9 hours. The controller shall have two independent programs with three automatic starts per day for each program. Each station on the controller shall be assigned to either or 44 Mulberry Bridge Landscaping & Urban Design both programs. The controller shall be capable of watering any day or sequence of days on a six or seven day cycle. Contractor shall install a WeatherTrak ET PRO3 2-Wire Pedestal Mounted Control system as specified in the irrigation plans & details per current City of Fort Collins standards. Coordinate with City of Fort Collins as required. The following protocol shall be followed for the coordination and installation of the electric power source: • Contractor — Responsible for excavation necessary to install conduit from power source to controller • City — Connects electric tap to streetlight power source inside secondary box • Contractor — Connects electric tap to irrigation controller • City — Inspects electrical connection for code compliance • Contractor — Backfills all excavations Install all electrical connections per national and local codes. Contractor is responsible for obtaining current construction standards and details from City Departments prior to performing work. Contractor is responsible for coordinating with City Departments to schedule City crews and required City inspections. 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. The controller shall operate on a minimum of 117 volts AC power input. Controller electrical output shall be capable of 26.5 volts AC at 1.5 amps. The controller shall have a reset circuit breaker (1.5 amps holding and 2.5 amps break) to protect it from power overload. Primary surge protection for 117 volt lines and valve (24 volt) output surge protection shall be installed to protect the controller. The automatic controller shall be grounded using two 5/8 inch x 8 foot copper clad grounding rods driven into the soil. A #10 AWG bare copper wire shall be used to connect the ground rods to the automatic controllers protective grounding circuit. The resistance of the ground shall not exceed 5 ohms. The controller enclosure (including satellite controllers) shall be of a vandal and weather -resistant nature, manufactured entirely of metal or steel mill -treated with zinc for rust resistance. The main housing shall have louvers in the upper and lower body to allow for crossflow ventilation. 623.05 Remote Control. Remote control shall consist of an FM, AM, UHF, or VHF radio transmitter/receiver pair with a minimum range of one mile in congested areas, and shall include battery charger and replacement battery. The receiver shall plug into a receptacle installed in the enclosure or panel of the automatic controller. Remote control shall be capable of turning on/off any station in any order. Remote control shall comply with all applicable FCC rules and regulations. 623.06 Control Wiring 24 Volt. Connection between automatic controller and automatic control valves, and flow sensors shall be made with direct burial copper, 600 volt, UF, UL approved wire. Minimum wire size shall be #14 AWG. 623.07 Sprinkler Heads. The sprinkler head shall be of the pop-up spray and pop-up rotor internal drive type. All sprinkler heads shall be capable of accepting a check valve where head elevation varies more than 5 feet within a control zone. 45 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 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 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 01000 Owner Clarifications 01000-1 - 01000-25 SPECIFICATIONS DUST MANUAL SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors Mulberry Bridge Landscaping & Urban Design (a) Pop-up spray Sprinklers. The pop-up spray sprinkler body, stem, screen, and nozzle shall be constructed of heavy duty plastic. (1) A soft pressure -activated wiper seal for cleaning debris from the pop-up stem as it retracts into the case to prevent stem and nozzle from sticking in the up position. (2) A matched precipitation rate brass or plastic nozzle with an adjusting screw capable of regulating the radius and flow. (3) A screen to protect it from clogging and a strong stainless steel retract spring for positive pop - down. (4) A threaded cap that will allow easy removal of the screen and all other internal components from the top without removing the body from the ground. Minimum pop-up height for turf heads shall be 4 inches. Spray head pop- up height for turf in roadway medians shall be at least 6 inches, and shrub, flower, and ground cover spray heads shall be at least 12 inches. 623.08 Flow Sensor. The flow sensor shall be an in -line type and shall transmit an electronic pulse through conductors to a compatible automatic controller with interface unit for subsequent transmission to the compatible controller. Floe Sensor shall utilize a photo diode sensor 623.09 Drip Emitters. The drip emitter shall be of the pressure compensating type with flow rates of 0.5, 1, or 2 gallons per hour plus or minus a 10 percent deviation at 10 to 40 psi. The emitter shall be constructed of durable plastic with a barbed inlet, and the outlet shall be capable of a watertight connection compatible with the polyethylene capillary tubing. Emitters shall be of the self -flushing type and capable of clog -free operation with a 150 mesh strainer. Emitters shall be multi -outlet (six outlets) and shall be installed on the polyethylene drip lateral line. The ends of the capillary tubing shall be installed on 6 inch plastic stakes with debris caps on the end of the tubing. 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 0.6 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. 623.10 Plastic Pipe and Fittings. All pipe shall be identified with the following indelible markings: manufacturer's name, nominal pipe size, schedule or class of pipe, pressure rating in pounds per square inch, date of extrusion, and NSF seal of approval. Plastic and Copper water lines listed below shall be paid for under section 619. (a) Mainline Pipe. Mainline pipe shall be Class 200 PVC manufactured from virgin polyvinyl chloride (PVC) compound in accordance with ASTM D 1784 and D 2466, cell classification 12454-13, Type I, Grade I. Pipe sizes 3 inches and smaller shall be of the solvent weld type, and sizes larger than 3 inches shall have rubber gasketed fittings. Fittings shall be standard weight schedule 40 injection molded PVC conforming to ASTM D 1784 and D 2466, cell classification 12454-13. Threaded nipples shall be schedule 80 PVC with molded threads conforming to ASTM UZI Mulberry Bridge Landscaping & Urban Design D 2464. Threaded fittings shall be kept to a minimum. Cement and cleaner for solvent weld pipe and fittings shall conform to ASTM D 2564. (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 12454-13, Type I, Grade I. Fittings shall be standards weight Schedule 40 injection molded PVC conforming to ASTM D1784 and D2466, cell classification 12454-13. (c) 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. (d) Copper pipe: Pressure supply line from point -of -connection through backflow preventer shall be Type "K" rigid conforming to ASTM Standard 1388. Use wrought copper or cast bronze fittings, soldered or threaded per the installation details. Use a 95% tin and 5% antimony solder. (e) Joint Cement and Primer —Weldon P-70 Primer and Weldon 711 Gray Glue or Weldon 725 Wet and Dry Glue will be allowed. (f) 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 12454-13, Type I, Grade 1. 623.11 Valves. (a) Automatic Control Valves. The automatic control valve shall be a normally closed 24-volt AC, 60 cycle solenoid actuated globe or angle pattern, diaphragm type valve. The valve body and bonnet shall be heavy duty glass filled nylon or brass and internal components (not including diaphragm and seat disc) shall be non -corrosive brass, bronze, stainless steel, or a combination thereof. Control valve diaphragms shall be of a one-piece molded reinforced fabric. Control valve shall have a non -shock cold water rating of at least 150 psi. Control valves shall function manually (without electrical power) by means of an internal bleeder device on the bonnet assembly. Control valves 1 inch or greater shall have manual flow control capacity. Control valves shall be constructed so that the bonnet assembly and all operating parts can be removed without disturbing the valve body. Valve closure time (measured in actual seat disc movement time) shall be at least 0.5 second. Control valve assemblies shall include a WeatherTrak valve decoder. One decoder per valve. (b) Quick -Coupler Valves. The quick -coupler valve shall have a two-piece brass body, a non -shock cold water rating of at least 150 psi, and 1 inch female pipe threads at the base. The quick -coupler valve shall be designed to permit operation with a special connecting device (lug type coupler) designed for this purpose. The quick -coupler shall be provided with a rubber -like vinyl hinged locking cover. Quick -coupler keys and hose swivels shall be compatible with the quick -coupler valves furnished. Hose swivels shall be of all brass construction designed to rotate freely. 47 Mulberry Bridge Landscaping & Urban Design (c) 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. 623.12 Valve Box. The valve box, cover and necessary extensions shall be as shown on the plans, and shall be manufactured or molded, virgin plastic materials conforming to ASTM D 638 and D 648. Box extensions shall be used as necessary to completely expose the remote control valve and shall seat in place under the valve box. Valve box lids shall be imprinted "Irrigation Control Valve." CONSTRUCTION REQUIREMENTS 623.13 General. Irrigation systems shall be installed in conformity with applicable local codes. Information on the plans shows general locations only. The Contractor shall establish exact locations of all irrigation equipment to fit field conditions, and locations will be approved by the Engineer prior to start of construction. Contractor shall maintain and protect the approved staking layout. Prior to purchase of any irrigation equipment, the Contractor shall submit a list of suppliers and specification sheets for all irrigation components. This submittal must be approved by the Engineer before any equipment purchase is made. At the submittal stage, all changes in equipment shall be brought to the attention of the Engineer. 623.14 Site Review. At least 14 days prior to the start of irrigation work on the project, a pre -installation discussion at the weekly meeting will be held. Attendance at the pre -installation discussion is required for the Contractor, Landscape and Irrigation Subcontractor, and Engineer. A written description of work methods, and time schedules and milestone dates shall be presented. The Contractor shall notify the Engineer prior to mainline pressure testing, coverage tests, and final review. The Contractor shall provide two radio transceivers with necessary personnel or remote -control devices to operate automatic controllers during coverage tests and final review. 623.15 Excavation and Backfill. Excavation and backfill shall conform to the requirements of Section 206 and subsection 703.08(b) (Class 2 Structure Backfill), except that compaction of backfill outside of the roadway prism may be done by water flooding, with the approval of the Engineer. The Contractor shall maintain bottoms of trenches flat to permit all piping to be supported on an even grade. Where lines occur under paved areas, dimensions shall be considered to be below the subgrade. All mainline pipe shall be bedded in sand to allow a minimum of 2 inches of sand on all sides. Rock larger than I inch shall not be placed in the backfill material. Where it is necessary to excavate adjacent to existing trees or shrubs, the Contractor shall use all possible care to avoid injury to the plant root system. Excavation and backfill will be considered incidental to the work. 623.16 Pipe Installation. Minimum cover for irrigation pipe shall be as follows: Mainline Pipes 24 inches below finished grade Lateral Pipes 18 inches below finished grade Pipe under roadway 30 inches below subgrade finished gra&e Irrigation sleeving 30 inches below finished grade Drip lines 8 inches below soil grade Mulberry Bridge Landscaping & Urban Design All pipes under roadways shall be encased in a sleeve which shall be jacked or placed in a hole bored under present roadways, or in a steel or plastic pipe sleeve placed by trenching on new construction. At least 4 inches of clearance shall be provided between lines and at least 4 feet of clearance between lines of other trades. Parallel pipes shall not be installed directly over any other line. Manual drain valves shall be installed at all low points in the mainline. Minimum grade of pipe to drains shall be 3 inches per 100 feet. Plastic threaded fittings shall be assembled using Teflon tape applied to male pipe threads only. Threaded fittings shall be kept to a minimum. The Contractor shall tape all open ends of the pipe during installation to prevent entry of any foreign matter into the system. 623.17 Wiring. All 24-volt wire to automatic control valves and flow sensor wiring shall be installed at a depth to match the main lines and lateral lines. Power source wire shall conform to subsection 715.07. Wiring shall be installed at the side of and under mainline whenever possible. When more than one wire is placed in a trench, the Contractor shall tape wires together with electrical tape at intervals of 15 feet or less. A 24 inch coiled expansion loop shall be provided every 300 feet along wire run, before controller enclosure, at each connection, and at directional changes. Each automatic controller shall have its own separate ground wire, colored green. Wiring between automatic controller and automatic control valves or sensors shall be continuous. At locations where splicing is approved by the Engineer, moisture proof splices shall be made in a valve box. Two extra wires shall be installed along the entire mainline pipe from each automatic controller to the last automatic control valve. Wire splices shall be compatible in effectiveness to wire coating. All wire under roadways shall be encased in a separate steel or plastic conduit. Wires not following the mainline shall be installed using open trench excavation. Wiring shall not be installed using a vibratory plow. Tubing shall be installed to an even grade in an open trench. Flush valve assemblies shall be installed at all ends of the drip lateral lines. Prior to backfilling, all capillary drip lines shall be staked with an approved staple, 6 feet on center. 623.18 Drip Systems. Drip lateral lines and capillary tubing shall be installed after 5 gallon and larger plant materials are in place and finished grade is established. The Contractor shall tape all open ends of pipe during installation to prevent entry of debris into the system. All pipe shall be cut with a knife or blade type pipe cutter to prevent entry of pipe debris into the system; a saw shall not be used. Tubing shall be installed to an even grade in an open trench. Flush valve assemblies shall be installed at all ends of the drip lateral lines. Prior to backfilling, all drip lines shall be staked with an approved staple, 6 feet on centers. 623.19 Valve Boxes. All valve boxes shall be installed flush with the finished grade. A "branding iron" type of tool shall be used to imprint the automatic control valve member (letters and numbers 2 inches high) on the valve box lid. Valve numbering system shall be as indicated on the plans. Geotextile filter fabric shall be placed under valve box and extend a minimum of 4 inches beyond bottom rim of valve box. Valves shall be grouped so that three or four valves are located together. Valves shall not be installed in low areas subject to standing water. 623.20 System Flushing. After all irrigation pipelines and valves are in place and connected, and prior to installation of irrigation sprinklers, rotary heads, etc., the Contractor shall thoroughly flush all lines with water at system operating pressure. 49 Mulberry Bridge Landscaping & Urban Design 623.21 Pressure and Coverage Tests, and Adjustments. After installation of valves, pipe, and fittings, mainlines shall be inspected for leaks after a minimum 120 psi static pressure (or point -of -connection static pressure if higher) has been maintained for four hours in a hydro static test. Mainline pipes shall not be buried until completion of the test. If the system does not pass the test, the Contractor shall detect and correct problems until the system reaches the acceptable test standard. This test shall be passed prior to payment for the pipe. Gasketed pipe shall be tested using a volumetric (make up water) test and leak rates supplied by the pipe manufacturer and commonly accepted in the industry. The Contractor shall perform coverage tests in the presence of the Engineer. 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. After the irrigation system is completed and prior to any planting, seeding or sodding to assure that all irrigated areas are watered completely and uniformly. The Contractor shall make all necessary adjustments to provide required coverage as directed. Drip lateral and emitter coverage tests shall be performed after planting and before backfilling of lateral lines and emitters. 623.22 Inspections. Inspections by the Engineer or the Engineer's representative can be made at any point during construction. Milestone progress dates shall be established at the preconstruction meeting and 72-hour notice shall be given by the Contractor when a milestone event is approaching. 623.23 Irrigation As -built Plans. The Contractor shall dimension from two permanent reference points, building corners, sidewalk corners, road intersections or any permanent structures, the location of the following items: (1) Routing of irrigation mainline. (2) All drip and sprinkler automatic control valves. (3) Quick coupling valves, isolation gate valves, and manual drain valves. (4) Other related equipment as directed. The Contractor shall provide an accurately detailed irrigation as -built layout of the irrigation system at the same scale as the design plans and on 24 inch by 36 inch waterproof medium within 90 days after installation is complete and before notice of substantial landscape completion as defined in subsection 214.04. An in -progress as -built plan shall be kept on the construction site at all times and available for impromptu review by the Engineer or the Engineer's representative. Provision of the final as -built plan is a condition for final acceptance and release of retainage. All changes in the irrigation system layout, including lateral layout, shall also be indicated on irrigation as -built plans. The Contractor shall provide finalized as -built plans to the Engineer at the time of Final Landscape Acceptance. 623.24 Maintenance Manuals and Training. Prior to Final Landscape Acceptance, the Contractor shall provide two individually bound maintenance manuals to the Department for the irrigation system, and 50 Mulberry Bridge Landscaping & Urban Design shall train the owner's maintenance personnel in the proper operation of all irrigation equipment, including winterization procedures. Each manual shall contain the following: (1) Index sheet, stating irrigation contractor's name, address, telephone number and name of person to contact. (2) Duration of equipment or component warranty and warranty form. (3) Equipment list providing the following for each item: (i) Manufacturer's name (ii) Make and model number (iii) Name and address of manufacturer's local authorized distributor (iv) Spare parts list in detail (v) Detailed operating and maintenance instructions for major equipment (4) Descriptions of all installed materials and systems in sufficient detail to permit maintenance personnel to understand, operate, and maintain the equipment. 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 Following approval of charts by the Engineer, they shall be hermetically sealed between two layers of plastic sheet, each 20 mils thick. 623.25 Warranty. The Contractor shall warranty the irrigation system for the duration of the Landscape Establishment period specified in subsection 214.04. To ensure proper operation of the system, the Contractor shall perform, as required, warranty activities including, but not limited to the following: (1) Inspection of the system and correction of system leaks, improperly operating valves, clogged emitters, malfunctioning automatic controllers and other components (2) Maintaining optimum sprinkler coverage (3) Adjusting sprinkler head elevations relative to finish grade In an emergency the Contractor shall correct all deficiencies within 24 hours of notification by the Owner. The Contractor shall perform irrigation system inspections at least once per week and after each mowing. The Contractor shall make corrections as necessary to ensure proper operation. The Contractor shall document each inspection in writing and submit it to the Owner. 51 Mulberry Bridge Landscaping & Urban Design 623.26 Final Landscape Acceptance. Before final landscape acceptance is granted, the Contractor shall perform an overall operation and pressure test and confirm the irrigation system is correctly functioning. The Contractor shall inspect every sprinkler and as necessary, raise or lower those sprinklers which are no longer at the proper elevation relative to the finish grade as shown in the plans. The Contractor shall complete start-up (pressurization) and repair all damage to the irrigation system. 623.27 Cleanup. Upon completion of the work, the Contractor shall restore ground surfaces to required elevations and remove excess materials, debris, and equipment from the site. 623.28 Keys and Repair Components. Three keys shall be furnished for manual operation of valves. When valves require different kinds of keys, three keys of each kind shall be furnished. Keys shall be of adequate length and made of non -corrosive metal. (1) Two Automatic Control Valves (2) Two Manual Drain Valves (3) Four of Each Type of Sprinkler Specified (4) Two of each type of Valve Box (5) Two Mainline Isolation Valves (6) Two Quick Coupler Valves (7) One set of special tools required for removal, disassembling and adjusting each type of sprinkler valve installed. (8) Two keys for each automatic controller enclosure 623.29 Irrigation Scheduling. The Contractor shall submit recommendations for the project's initial irrigation operating schedule for optimum plant establishment to the Engineer. METHOD OF MEASUREMENT 623.30 All items necessary to complete the work as shown on the plans and installation details. Drip Irrigation- shall include the provision and installation of the following items but shall not be limited to the following items: PVC mainline, PVC fittings, master valve, flow sensor, isolation valves, quick coupler valves, irrigation controller and all related control wire and equipment, pipe boring or sleeves as shown on the plan, electrical connection to the irrigation controller, drip control valves and associated equipment, drip lateral pipes, drip emitters and inline drip pipe and associated fittings, and drip flush caps. Spray Irrigation (Northeast Quadrant)- Spray sprinkler control valves and associated equipment, PVC lateral pipes, PVC fittings, and sprinklers. Spray Irrigation (Southeast Quadrant)- Spray sprinkler control valves and associated equipment, PVC lateral pipes, PVC fittings, and sprinklers. 52 Mulberry Bridge Landscaping & Urban Design BASIS OF PAYMENT 62331 The accepted quantities will be paid for at the contract unit price for the various items below that appear in the bid schedule. Payment for irrigation system will be a lump sum: Pay Item Pay Unit Irrigation LS Irrigation Tap, Meter and Backflow LS Irrigation — Spray (Northeast Quadrant) LS Irrigation — Spray (Southeast Quadrant) LS The following are for reference only: Water lines will be paid for as provided in Section 619. Kick blocks, unions, fittings, filter fabric, valve access sleeves, valve boxes, piping and wire inside boxes, keys, and aggregate for valves will not be paid for separately but shall be included in the work. Structure excavation and backfill including compaction and water will not be paid for separately, but shall be included in the work. Concrete pad, bolts, enclosure, ground wire, and all other items necessary to complete the work shall be included in the price of the automatic controller. Capillary tubing, tubing stakes, enclosure box and debris caps shall be included in the price of the drip emitter. System flushing and adjustment, pressure and coverage tests, maintenance manuals, and training will not be paid for separately but shall be included in the price of the work. The backflow preventer, enclosure and pad will be paid for under Section 604. Detectable Underground Marking Tape will not be paid for separately, but shall be included in the work. Programming of the irrigation controller will not be paid for separately, but shall be included in the work Warranty work will not be measured and paid for separately, but shall be included in the work. END OF SECTION 623 53 Mulberry Bridge Landscaping & Urban Design REVISION OF SECTION 625 CONSTRUCTION SURVEYING Section 625 of the standard Specifications is hereby revised for this project as follows: Subsection 625.01 is hereby revised to include the following: All existing survey monuments and property corner located outside of the project grading limits as defined on the plans that are damaged or destroyed by the Contractor will be replaced at the Contractor's expense. All existing survey monuments and property corners located within the project grading limits which are intended to remain in place and intact as defined on the plans shall be protected by the Contractor. Where necessary and as defined on the plans, monuments, property corners, and section corners will be adjusted or replaced by the City for this project. Surveying is not anticipated to be required as part of this project, however, if necessary, the Contractor will provide construction surveying for the project. Any necessary surveying will be incidental to the line item associated with the surveying work. 54 Mulberry Bridge Landscaping & Urban Design REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the standard Specifications is hereby revised for this project as follows Subsection 630.01 is hereby revised to include the following: This work shall consist of furnishing, installing, maintaining and removing temporary construction traffic control devices including, but not limited to: signs, advance warning arrow panels, variable message boards, barricades, channeling devices and delineators as required by the latest version of the City of Fort Collins Work Area Traffic Control Handbook, Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) and the Larimer County Urban Area Street Standards (LCUASS). In the event of a conflict between the MUTCD and the City's criteria, the City of Fort Collins specifications shall govern. If it is determined by the City of Fort Collins that temporary striping is required, the City will install the required temporary striping. Subsection 630.02 is hereby revised to include the following: All traffic control devices placed for the project must meet or exceed the minimum standards set forth in the City of Fort Collins Work Area Traffic Control Handbook and the MUTCD. All traffic control devices shall be clean and in good operating condition when delivered and shall be maintained in that manner on a daily basis. All traffic control devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (ex. Crossed our information, information written in long -hand style, etc.). Additionally, any sign blank with sign faces on both sides must have the back sign face covered when in use to avoid confusion to motorists traveling in the opposite direction and other potentially affected parties. Subsection 630.09 is hereby revised to include the following: Traffic control through the construction area is the responsibility of the Contractor. When a device is not in use, the Contractor shall remove it from the project for the period it is not needed. Devices temporarily not in use shall, as a minimum, be removed from the area. Moving will include devices removed from the project and later returned to use. Traffic control devices shall be placed and / or stored in the City right-of-way in such a manner that minimizes the hazards to pedestrians, bicyclists and vehicles. Traffic control devices shall be removed from the site immediately upon completion of the work for any street(s). In the event there is a violation or safety issue, the City will order a "Stop Work Order" until the issue(s) is corrected. The Contractor shall not be entitled to any additional compensation for delays associates with the "Stop Work Order". 55 SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned t�> r� 4 LtG"tAScL� (—( L as Principal, and I4-.1 icrlyd+rU as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ U y D5. ;;� 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 [aid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 8279 Mulberry Bridge Uroan Design & Landscaping. 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. Mulberry Bridge Landscaping & Urban Design The Contractor shall be responsible for ensuring safe passage through the work zone for vehicle, pedestrians and bicyclists. The Contractor shall use variable message boards to advise road users about upcoming work on Arterial and Collector Streets. The City will issue direction for the number of boards, general locations for placement and message verbiage. Fully automated variable message boards shall be installed and operate continuously for all work on Arterial and Collector Streets. Two-way traffic shall be maintained at all times unless approved by the City. Lane width shall be maintained at a minimum of ten (10) Feet. 2. The Contractor will provide twenty-four (24) hour minimum notice to the City of Fort Collins Traffic Department when the project operation is near a signalized intersection. Traffic control plans shall be submitted for all work locations prior to commencement of any work. Plans shall be submitted on approved forms supplied by the City. A traffic control plan shall be prepared by a Traffic Control Supervisor certified by the American Traffic Safety Services Association (ATSSA) or a Worksite Traffic Control Supervisor certified by the Colorado Contractor's Association (CCA). The typical traffic Control plans shall be submitted for approval to the City by 8:00 am, two (2) working days prior to the commencement of work. All plans shall be delivered to the City at 625 Ninth Street, Fort Collins. Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Traffic Control Plan has been approved. Failure to have an approved Traffic Control Plan shall constitute cause for the City to stop work and Owner shall deduct from compensation $1,000.00 per day for said compensation, as well as the Contractor's forfeiture of payment for all work and materials at that location with no adjustment in the Contract time. The Traffic Control Plan shall include, as a minimum, the following: 1. A detailed diagram which shows the location of all sign placements, including advance construction signs (if not previously approved) and speed limit signs; methods, length and time duration for lane closures and location of flag persons. 2. A tabulation of all traffic control devices on the detailed diagram including, but not limited to: construction signs, vertical panel, vertical panel with light, Type I / II / III barricades, cones, drum channelizing devices and advance warning flashing or sequencing arrow panel. Certain traffic control devices may be used for more than one operation or phase. However, all devices required for any particular phase must be detailed and tabulated for each phase. 3. Number of flaggers to be used. 4. Parking restrictions to be in effect. 5. Signatures and dates by both the TCS and the Contractor's supervisor. Approval of the proposed method of handling traffic does not relieve the Contractor of liability specifically assigned to him / her under this Contract. Subsection 630.10 is hereby revised to include the following: .11 Mulberry Bridge Landscaping & Urban Design The Contractor shall designate an individual, other than the superintendent, to be the Traffic Control Supervisor. Traffic Control management shall be performed by a Traffic Control Supervisor (TCS). The TCS(s) shall possess a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control Supervisor or Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor. Proof of certification shall be presented to the City Traffic Control Manager, and when requested by the City, for each TCS utilized on this project. One TCS shall be designated as the Head TCS. The Head TCS shall have a minimum of one year experience as a certified TCS. Qualifications shall be submitted to the City for approval a minimum of one week prior to commencement of the work. A full-time TCS is not anticipated on this project. If, in the opinion of the City, any traffic control individual does not perform their duties at or to the minimum industry standard, the Contractor will be required to replace that individual. The TCS shall be equipped with a cellular phone. The TCS duties shall include, but not be limited to the following: 1. Prepare, revise and submit Traffic Control Plans as required. 2. Supervise and direct project flaggers. 3. Coordinate all traffic control related operations, including those of the Subcontractor and supplier. 4. Coordinate project activities with appropriate police and fire control agencies, Transfort, school districts and other affected agencies and parties prior to construction. 5. Inspect traffic control devices on a calendar day basis for the duration of the project to ensure devices are functioning properly. 6. Oversee all requirements covered by the plans and specifications which contribute to the convenience, safety and orderly movement of traffic. 7. Flagging in emergency or relief for short periods of no more than fifteen (15) minutes over a sixty (60) minute period. 8. Traffic control device set up and removal. 9. Maintain a project traffic control diary which shall become part of the City's records. This diary / log shall be submitted to the City daily and shall include the following information as a minimum: a) Date b) For Traffic Control Inspection, the time of the inspection c) Project description and location d) Traffic Control Supervisor's name e) Types and quantities of traffic control devices used per approved MHT f) List of flaggers used, including start time, stop time and number of flagging hour breaks g) Traffic control problems (traffic accidents, damaged or missing devices and corrective actions taken) 57 Mulberry Bridge Landscaping & Urban Design Traffic control management shall be maintained on a twenty-four (24) hour per day basis. The Contractor shall make arrangements so that the Traffic Control Supervisor or their approved representative will be available on every working day, "on -call' at all times and available upon request of the City during non- working hours. A twenty-four (24) hour telephone number shall be provided to the City prior to commencement of work. All traffic control devices and traffic control management shall be placed under the supervision of a Traffic Control Supervisor. The Traffic Control Supervisor shall have up to date copies of the City of Fort Collins "Work Area Traffic Control Handbook" and Part VI of the MUTCD, pertaining to traffic control for street and highway construction, available at all times. The following list reflects devices that may be used on the project or as authorized by the City: "NO PARKING" sign with stand Vertical panel without light Channelizing drum without light Type I/11 barricade without light Type III barricade without light Cone with reflective strip Size A sign with stand Size A Specialty Sign Size B Specialty Sign Safety Fence Light Advance warning flashing or sequencing arrow panel Variable message board Size B sign with stand All costs associated with Traffic Control Plan review will not be measured or paid for separately, but shall be considered incidental to the Work. Review fees will not be measured or paid for separately, but shall be considered incidental to the Work. The Contractor shall provide the services of the Colorado State Patrol or City of Fort Collins Police when necessary during the course of the work as instructed by the City. Associated costs shall be incidental to the Work. The City shall deduct from compensation due the Contractor $10.00 per day for each traffic control device not removed from the site immediately upon completion of the work or as directed by the City. Flagger hand signs and devices, such as Stop / Slow paddles, will not be measured and paid for separately, but shall be included in the Work. The flaggers(s) shall be provided with electronic communication devices when required. These devices will not be measured and paid for separately, but shall be included in the Work. The cost of batteries, electricity and / or fuel for all lighting or warning devices will not be measured and paid for separately but will be considered subsidiary to the traffic control. Sand bags and caution tape will not be measured and paid for separately, but shall be included in the Work. The Contractor may provide larger construction traffic signs than those typically used in accordance with the City of Fort Collins Work Area Traffic Control Handbook and the MUTCD, if approved by the City. However, no payment will be made for additional panel size. Mulberry Bridge Landscaping & Urban Design The City shall not be responsible for any losses or damage due to theft of vandalism. The City of Fort Collins will not be responsible for any damage caused by the Contractor's construction activities to the public. Private or public property which is damaged by the Contractor's equipment or employees will be the sole responsibility of the Contractor. Subsection 630.15 is hereby revised to include the following: All traffic control costs including, but not limited to, furnishing equipment, equipment set up / removal / modifications, TCS and flagging personnel, vehicles, phones, hand signs, communication devices, sandbags and all related incidentals required for traffic control under this Contract shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work. No measurement or payment shall be made separately for traffic control related items as specified in these specifications or as directed by the City. SPECIAL CONDITIONS FOR WORK ON ARTERIAL AND COLLECTOR STREETS 1. Cross street traffic shall be maintained at all times unless authorized by the City in writing. 2. Full closures on Arterials and Collectors will be allowed under extreme circumstances and only upon approval from the City. Plans shall be approved a minimum of two (2) weeks prior to commencement of work and / or the time required to adequately notify the public through the media. 3. Lane closures will not be permitted at or in the vicinity of an Arterial / Arterial intersection that has major traffic volumes between the hours of 7:OOam to 8:30am or 3:30pm to 6:OOpm (except in the case of an emergency). Work not impacting traffic and outside of the roadway may be done between 7:OOam and 6:OOpm. Work may be done on weekends or extended hours (outside of the 7:OOam to 6:OOpm window) at Arterial / Arterial intersections with approval from the City. 4. Construction or repair work in the vicinity of Arterial streets, outside of the influence of an Arterial / Arterial intersection, is allowed during the hours of 7:OOam to 6:OOpm; Monday through Friday excluding holidays. Lane closures will not be permitted on Arterial streets between the hours of 7:OOam to 8:30am or 3:30pm to 6:OOpm (except in the case of an emergency). The City will specify the minimum required distance needed from the Arterial / Arterial intersection. Work may be done on weekends or extended hours (outside of the 7:OOam to 6:OOpm window) with approval from the City. 5. Construction hours, except for emergencies, shall be limited to 7:OOam to 6:OOpm Monday through Friday excluding holidays, unless authorized by the City in writing. 6. Reference Revision of Section 104 for information on approved daytime lane closures hours, lane rental fees, and unapproved lane rental fees. Pay Item Pay Unit Construction Zone Traffic Control Lump Sum The price for the pay item shall be full compensation for furnishing and placing all traffic control devices (including Variable Message Boards), flagging operations, Traffic Control Inspection, and Traffic Control Management. No additional compensation shall be issued for any traffic control operations. Mulberry Bridge Landscaping & Urban Design UTILITIES The following Utilities are known to be within or near the project limits: 11tility/Auencv Contact Phone Electric — City of Fort Collins Mike Hergenreder (970) 219-8367 Water Utilities — City of Fort Collins Andrew Gin erich (970) 221-6232 The work described in these plans and specifications will require coordination between the Contractor and the utility companies in accordance with subsection 105.10 in conducting their respective operations, so the utility work can be completed with minimum delay to all parties concerned. The Contractor will be required to provide traffic control for any utility work expected to be coordinated with construction, as directed by the Engineer. The Contractor shall coordinate expected relocation completion schedules with each utility after notice to proceed. The Contractor shall complete a project schedule and updates to that schedule so that the project will be completed in the time frame allowed in this contract considering utility relocations and utility coordination at the time of construction. The work listed below shall be Performed by the Utilities. • Provide water tap for irrigation and water meter (City of Fort Collins) o See Project Special Provision 623 for specific Contractor responsibilities • Provide power tap inside street light secondary box (City of Fort Collins) o See Project Special Provision 623 for specific Contractor responsibilities The Contractor shall keep the utility companies advised of any work being done to their facilities, so that the utility companies can coordinate their inspections for final acceptance of the work with the Engineer. Provide written notice to each utility company, with a copy to the Engineer, prior to any work by a utility company that is to be coordinated with project construction. A minimum of three (3) calendar weeks of prior notice is required. General — The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements"), when excavation or grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least three (3) business days prior to commencing such operations. Contact the Utility Notification Center of Colorado (UNCC) to have locations of UNCC-registered lines marked by member companies. Call 811 for locates requests. All other underground facilities shall be located by contacting the respective company. Utility service laterals shall also be located prior to beginning excavation or grading. All costs incidental to the foregoing requirements will not be paid for separately, but shall be included in the work. .E STANDARD SPECIAL PROVISIONS 61 April 30, 2015 REVISION OF SECTIONS 101 AND 630 CONSTRUCTION ZONE TRAFFIC CONTROL Sections 101 and 630 of the Standard Specifications are hereby revised for this project as follows In subsection 10 1.0 1 add the following: MASH Manual for Assessing Safety Hardware In subsection 630.01, delete the first paragraph and replace with the following: 630.01 This work consists of furnishing, installing, moving, maintaining, and removing temporary traffic signs, advance warning arrow panels, flashing beacon (portable), barricades, channelizing devices, delineators, temporary traffic signals, mobile pavement marking zones, masking and unmasking existing signs in construction zones, and concrete barriers as required by the Manual on Uniform Traffic Control Devices for Streets and Highways and the Colorado Supplement thereto, in accordance with the Contract. Devices shall comply with the performance criteria contained in NCHRP Report 350 (only applicable for devices developed prior to 2011) or MASH (acceptable for all devices). Devices temporarily not in use shall, as a minimum, be removed from the shoulder area. Moving will include devices removed from the project and later returned to use. 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 (only applicable for sign support assemblies developed prior to 2011) or MASH (acceptable for all sign support assemblies), 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. In subsection 630.07(a), delete the first paragraph and replace with the following: (a) Stackable Vertical Panels. Stackable vertical panels shall comply with the crash test requirements contained in NCHRP Report 350 (only applicable for vertical panels developed prior to 2011) or MASH (acceptable for all vertical panels) and shall meet MUTCD requirements for vertical panels. Vertical panels shall be retroreflectorized with Type IV sheeting, in accordance with subsection 630.02. The stackable vertical panels shall have the following properties: In subsection 630.07(b), delete the first paragraph and replace with the following: (b) Stackable Tubular Markers. Stackable tubular markers shall comply with the crash test requirements contained in NCHRP Report 350 (only applicable for stackable tubular markers developed prior to 2011) or MASH (acceptable for all stackable tubular markers) and shall conform to MUTCD requirements for Tubular Markers. The stackable tubular markers shall have the following properties: In subsection 630.09, delete the second and third paragraphs, and replace with the following: Work zone devices designated by FHWA as Category I, 11, or 1I1, shall comply with the performance criteria contained in NCHRP Report 350 (only applicable for devices developed prior to 2011) or MASH (acceptable for all devices). Devices designated as Category IV, including but not limited to portable or trailer -mounted devices such as flashing arrow panels, temporary traffic signals, area lighting supports, and changeable message signs are not required to meet NCHRP 350 or MASH requirements. 62 Except for Category IV devices, the Contractor shall obtain and present to the Engineer the manufacturer's written NCHRP 350 (only applicable for devices developed prior to 2011) or MASH (acceptable for all devices) certification for each work zone device before it is first used on the project. In subsection 630.10(a) (3) (iii), delete the third paragraph, and replace with the following: Groups I and 2 shall each be equipped with a truck -mounted Advance Warning Flashing or Sequencing Arrow Panel (C Type), and a truck mounted impact attenuator. The impact attenuator shall be located on the rearmost vehicle of each group. A separate vehicle for this attenuator may be used. Each truck -mounted impact attenuator shall be certified by the manufacturer to be able to withstand a 62 MPH impact in accordance with NCHRP 350, Test Level 3 (only applicable for truck -mounted impact attenuators developed prior to 2011) or MASH, Test Level 3 (acceptable for all truck -mounted impact attenuators). The cone setting truck and the cone pickup truck shall not be the same vehicle. In subsection 630.16, delete the 5th paragraph. 63 February 3, 2011 REVISION OF SECTION 105 VIOLATION OF WORKING TIME LIMITATION Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.03 shall include the following: If there is a violation of the working time limitations for traffic control as set forth in the special provisions, a written notice to stop work will be imposed on the Contractor at the start of the next working day. Work shall not resume until the Contractor assures the Engineer, in writing, that there will not be a reoccurrence of the working time violation. If more violations take place, the Engineer will notify the Contractor in writing that there will be a price reduction charge for each incident in accordance with this specification. This incident price reduction charge will be deducted from any money due the Contractor. This price reduction will not be considered a penalty but will be a price reduction for failure to perform traffic control in compliance with the Contract. An incident is any violation up to 30 minutes in duration. Each 30 minutes or increment thereof will be considered as an incident. A price reduction will be assessed for each successive or cumulative 30 minute period in violation of the working time limitations, as determined by the Engineer. The price reduction for each incident will increase at a progressive rate starting with $150 for the second incident and increasing to $1200 for the fifth and subsequent incidents in accordance with the following schedule. A 15 minute grace period will be allowed at the beginning of the second incident on the project before the price reduction is applied. This 15 minute grace period applies only to the second incident. The number of incident charges will be accumulative throughout the duration of the Contract. PRICE REDUCTION SCHEDULE Incident Incident Rate Total Price Reduction IA Notice to Stop Work ---- �nd $150 $150 3`d 300 450 4`h 600 1,050 501 1,200 2,250 6'h 1,200 3,450 Etc. 1,200 4,650 Etc. Etc. 64 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. 65 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of (� l , n �`r i , 20y,, 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 Narne: K nrl�! %- and soo iv: t1L Address: >O(y E (`k 6L-) SURETY By:By: Title: Title: ATTEST: By: (SEAL) (SEAL) July 31, 2014 REVISION OF SECTION 107 CONTRACTOR OBTAINED STORMWATER CONSTRUCTION PERMIT Section 107 of the Standard Specifications is hereby revised for this project as follows: Subsection 107.25 shall include the following: (d) Contractor Obtained CDPS-SCP Stormwater Permit. This project is covered by a Colorado Discharge Permit System Stormwater Construction Permit (CDPS-SCP). The Contractor shall apply for and obtain the permit upon award of the Contract. The Contractor shall submit a copy of the CDPS-SCP to the Engineer prior to or at the project Pre -construction Conference. If a Utility Company has pulled a permit for the area prior to the Contractor being on site, then the Contractor shall coordinate with the Utility Company to transfer those areas over to the Contractor prior to work commencing. The Contractor shall not commence construction until the CDPS-SCP has been obtained from CDPHE and submitted to the Engineer. A copy of the Permit shall be placed in the project SWMP notebook. Prior to final acceptance, a project walk through shall be conducted in accordance with subsection 208.10 (c). The walk through shall take place upon sufficient completion of the project, as determined by the Engineer. Upon receipt of written final acceptance of the water quality work from the Engineer and written concurrence from the Maintenance Superintendent, the Contractor shall transfer the CDPS-SCP to the CDOT Maintenance Superintendent. The transfer forms will only be signed if the project is in an acceptable state as determined by the Maintenance Superintendent and the CDOT Region Water Pollution Control Manager (RWPCM). CDOT will submit the Application of Transfer of Ownership to the CDPHE. Under no circumstances shall the Contractor inactivate the permit. Until the transfer has been completed, the Contractor shall continue to adhere to all permit requirements. Requirements shall include inspections, BMP installation, BMP maintenance and BMP repair, including seeded areas. All documentation shall be submitted to the Engineer and placed in the SWMP notebook. All costs associated with the Contractor applying for, holding, and transferring the CDPS-SCP permit between parties will not be measured and paid for separately, but shall be included in the work in accordance with subsection 107.02. 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. 67 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. April 30, 2015 REVISION OF SECTION 108 DELAY AND EXTENSION OF CONTRACT TIME Section 108 of the Standard Specifications is hereby revised for this project as follows: In subsection 108.08, delete (c) and (d) and replace with the following: (c) Delay. Any event, action or factor that extends the performance period of the Contract. 1. Excusable Delay: A delay that was beyond the Contractor's control and was not due to the Contractor's fault or negligence. The Department may grant a contract time extension for an excusable delay. A. Compensable Delay: A delay that the Department, not the Contractor, is responsible for entitling the Contractor to a time extension and monetary compensation. Monetary compensation for compensable delays will be made in accordance with Subsection 109.10. B. Noncompensable Delay: An excusable delay that neither the Contractor nor the Department is responsible for that may entitle the Contractor to a contract time extension but no additional monetary compensation. Contract time allowed for the performance of the work may be extended for delays due to force majeure (i.e. acts of God, acts of the public enemy, terrorist acts, fires, floods, area wide strikes, embargoes, or unusually severe weather). 2. Nonexcusable Delay: A delay that was reasonably foreseeable or within the control of the Contractor for which the Department will not grant monetary compensation or a contract time extension. 3. Concurrent Delay. Independent delays to critical activities occurring at the same time. A. The Department will not grant a time extension or additional compensation for the period of time that a non -excusable delay is concurrent with an excusable delay. B. The Department may grant time but no compensation for the period of time that a non-compensable delay is concurrent with a compensable delay. Delays in delivery of materials or fabrication scheduling resulting from late ordering, financial considerations, or other causes that could have been foreseen or prevented will be considered nonexcusable delays. However, delays caused by fuel shortage or delay in delivery of materials to the Contractor due to some unusual market condition caused by industry -wide strike, national disaster, area -wide shortage, or other reasons beyond the control of the Contractor which prevent procurement of materials or fuel within the allowable contract time limits will be considered excusable delays. (d) Extension of Contract Time. The Contractor's assertion that insufficient contract time was specified is not a valid reason for an extension of contract time. For time extension requests, the Contractor shall provide a two-part submittal: part one shall consist of a written notice of the delay and part two shall consist of the Contractor's delay documentation and supporting analysis. Part 1: The Contractor shall provide the written notice of delay within seven days of the delay occurrence. The notice sha11 describe the delay and include documentation substantiating the nature and cause of the delay. Failure to submit the written notice constitutes a waiver of entitlement to additional time or compensation. Part 2: This shall be submitted within 30 days of the written notice. The Contractor shall include all documentation needed to support the time extension request. In order to request additional contract time for an unexpected delay, the Contractor shall provide a contemporaneous schedule analysis in accordance with subsection 108.03. The schedule analysis shall show that the delayed activity or activities were on the critical path or became critical due to the delay. The Engineer will base a determination of an allowable contract time extension on: (1) The current Schedule in effect at the time of the alleged delay; (2) The supporting documentation submitted by the Contractor; (3) The contemporaneous schedule analysis; and (4) Any other relevant information available to the Engineer. For a time extension request resulting from a change order, the Contractor shall demonstrate the delay to the project completion date by: (1) Inserting a fragnet containing the change order activities into an unprogressed copy of the schedule that is current at the time of the change order; (2) tying the fragnet into the schedule logic; and (3) Recalculating the schedule. The Department will not consider delays to activities which do not affect the performance period of the Contract as a basis for a Contract time extension. If the Engineer grants a contract time extension, the revised Contract Completion date will be in effect as though it were the original contract date. A Contractor's failure to have an approved, or approved with comments, current project schedule in place will preclude the Department from considering a Contractor's a time extension request. 70 October 29, 2015 REVISION OF SECTION 108 LIQUIDATED DAMAGES Section 108 of the Standard Specifications is hereby revised for this project as follows: In subsection 108.09, delete the Schedule of Liquidated Damages and replace with the following: Original Contract Amount ($) Liquidated Damages per Calendar Day ($) From More Than To And including 0 150,000 500 150,000 500.000 1,000 500,000 1,000,000 1,600 1.000.000 2.000,000 2.300 2,000,000 4.000.000 4,100 4,000,000 10,000,000 5,800 10.000,000 ---- 7,000 71 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. 72 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) Definitions. 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. 73 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. 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 effect 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. (5) Constraints without approval by the Engineer. The Contractor's written request shall explain why the use of constraints in the schedule is necessary. 74 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 Activity Description Original Duration Total Float _ Earle start date Early finish date Late start date* Late finish date* !W Actual Start date^ Actual Finish date' Calendar used on the activity Activity Responsibiq Remaining- Duration^ Duration Percent Com lete^ Gantt chart (time -scaled logic diagram). *Required with the Preliminary and Baseline Schedule. ^Re uired with the Project Schedule Update and Schedule Revision. 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. 75 Art Mun Con mn IeEvmMly Conparr 4n,S.F.vin.Lu•.a. Lutr ImP.:m•ny,w,,[„ui-„, a 17 HCC m,1n 7106�>090.� I��.���n,•sio eta o+ie BOND NO. PREMIUM RID DATE: 03I10!16 BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, Korby Landscaping LLC (hereinafter ca:lcd Principal), as Principal, and American Contractors Indemnity Company . a corporation. organized and existing under the laws of the Stale of California and authorized to transact a general surety business in the State of Colorado (hereinafter called Surety), as Surety, are held and firmly bound unto _ City of Port Collins (hereinafter called Obligee) in the penal sum of not to exceed 5% of amount bid percent ( 5 %) of amount bid Dollars ($ for The payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF "PHIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Landscaping at Mulburry and Riverside Drive. NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, then this obligation shall be void. If the Principal shall fail to do so, then the undersigned shall pay the obligee the damages which the obligee may suffer by reason or such failure up to and not exceeding the penal sum of the bond. SIGNED, SEALED AND DATED THIS 8111 DAY OF March 2016 Korby Landwapinb PRINCIPAL By: — - — — American Contractors Indemnity Company Bruce H.'Lowdern',ilk Attorney -in -Fa cr (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: 1.A description of current and anticipated delays including: Identification of the delayed activity or activities by Activity ID(s) and description(s). 2.Delay type with reference to the relevant specification subsection. 3.Delay cause or causes. 4. Effect of the delay on other activities, milestones, and completion dates. 5.Identification of the actions needed to avoid a potential or mitigate an actual delay. 6.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. (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 76 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. (fl 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. 0) Schedule Revision. A Schedule Revision is required in the event of any major change to the work. Examples of major changes are: 77 (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. 0) Payment. All costs relating to the requirements of this subsection will not be paid for separately, but shall be included in the work. 0 78 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. 79 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. :1 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 171h 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. 81 January 6,2012 REVISION OF SECTION 109 MEASUREMENT OF WATER Section 109 of the Standard Specifications is hereby revised for this project as follows: In subsection 109.01, delete the twenty-sixth paragraph and replace with the following: Water may be measured either by volume or weight. Water meters shall be accurate within a range of f 3 percent. When water is metered, the Contractor shall use an approved metering device and shall furnish the Engineer a certificate showing the meter has been accurately calibrated within the time allowed in the following schedule: r 2 inch 4 years 4 inch to 6 inch 2 years .8jncli Lff inch _ - I year 82 October 29, 2015 REVISION OF SECTION 109 SCALES Section 109 of the Standard Specifications is hereby revised for this project as follows: In subsection 109.01, delete the I Ith paragraph and replace with the following: Materials measured or proportioned by weight shall be weighed on accurate scales. Scales shall be accurate within the allowable tolerances as prescribed by State law. The scales shall be tested for accuracy by the Colorado Department of Agriculture or an approved Colorado Department of Agriculture vendor (https://www.colorado.gov/pacific/aginspection/scale-companies) as least once each year, each time the scales are relocated, and as often as the Engineer may deem necessary. Scales shall be furnished by the Contractor or the Contractor may utilize commercial scales. 83 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 LTA minimum of three or more coverages with the tamping foot roller to obtain density. One coverage consists of one pass over the entire surface designated. One pass consists of the passing of an acceptable tamping foot roller over a given spot. The roller shall be operated at a uniform speed not exceeding 3 miles per hour. No additional compensation will be made for additional roller coverages to achieve specified density requirements. In subsection 206.03, delete the fourth and fifth paragraphs and replace with the following: Backfill shall consist of approved materials uniformly distributed in layers brought up equally on all sides of the structure. Each layer of backfill shall not exceed 6 inches before compacting to the required density and before successive layers are placed. Structure backfill (Class 1) shall be compacted to a density of not less than 95 percent of maximum dry density determined in accordance with AASHTO T 180 as modified by CP 23. Backfill shall be compacted at f 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 15'h 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. 85 yy -}}_ M' �I,1 POWER OF ATTORNEY AMF.RICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY - - UNITED STATE.SSURETV COMPANY U.S. SPECIALTY INSURANCE COMPANY >-y 1irj KNOW ALL MEN BY THESE PRESENTS: Tlwt American Contractors Indemnity Company, a California ecx'pordtioq Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: David Lehr, Bruce H. Lowdernailk, William C. Slater, Kent Wisecup or Sharon Pond of Englewood, Colorado its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recoguizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed **•""Three Million***** Dollars ($ **3,000,000.00" ), This Power of Attorney shall expire without hirthcr action on December 20,2017. This Power of Attorney is grunted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be Jr Resuhul,, that the President, any Vice -President, any Assisunt Vice -President, any Secretary or any Assistant Secretary shall be and is hcrcby vcsted wi:h-full power and authority to appoint any one or more suitable persons as Altumcy(s)-in-Fact to rcpmscnl and act for and on behalf of are Company subject to the following provisions: Adorn y-in-Fact may be given full power and authority for and in the panic of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, rccognizonces, contracts, agreements or indemnity and other conditional or obligotay undertakings, including any and all consents I'or the release of retained percenrnges andior final estimates on engineering and construction cuniracls, and any and all noliecs aryl ducunmits canceling orterminating the Company's liability lhereunder, and any such instruments so executed by any such Alto ncy-in-tact shall be binding upon the Company as if signed by the President and aemled and efTected by the Corporate Secretary. Be h Resolved. thatthe signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney erany certificate relating thereto by facsimile, and any Wnwr of attorney or certificate heaving facsimtte signature or facsimile seal shall be valid and binding upon the Company with respect to any pond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this lsl day of December, 2014. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXASBONDTNG COMPANY - Corporatc Seals UNITED STATF.SSURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY aaµnu'an v,^ w w tar •'a",a.^^ u ul xl a �a' I )yr° 's ' f� t'. '!^y Daniel P. Agnilor Vice fit si ent Fnotary public or other officer completing this certificate verifies only the identity of the individual who signed the cument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California CoumtyorLos Angeles SS' On this .let day of December, 2014, before are, Maria G. Rudriguez-Wong, u notary public, persortally appeared Dan P, Aguilar, Vice President of American Contractors Indemnity Company,Texas Banding Company, United Stales Sandy Cuurpany and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to chic within instrument and acknowledged to me that he oxconted the same in _- his muthorized capacity, and that by his signature on the insirument the person, or the entity upon behalf of which the person acted, executed the ins!rumenl. I cctGfy undtr PENALTY OF PERJURY ender the laws of the State or California that the furegoing paragraph is true and conacl. WITNESS my hand and official seal. MAMA G, FODAIGUEZ-WONO Commisslan s 20t9771 Signature (Seal) r .i Notary Pup1iC - Callrc pia = "" ' Lot Anpetet County Comm. Expires Ole 2v, 2017 r -I. 1, Michacl Chatekson , Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomcy, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney ate in full force and affect. In Witness Whereof, 1 have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this day of Hat r-(A NO Co orate Seals "" i'u" °"mNoN" 'y`•r'*r�^-�� 3; '� .9�% '_� •' t k.� �$1 NlichadChalekson Assistant Secretary Bond No. (vvu.,w :. )�i7 ;�. W 1<di Agency No. 9027 iivoiY`r t,,�r �c'rfdciefTg �-�" uo.uw rnn,r 'mac. inm^''� mi,ii,Y+"e^ April 30, 2015 REVISION OF SECTION 208 EROSION CONTROL SUPERVISOR Section 208 of the Standard Specifications is hereby revised for this project as follows: In subsection 208.03(c), delete the first paragraph and replace with the following: (c) Erosion Control Supervisor. When included in the Contract, the Contractor shall assign to the project an individual to serve in the capacity of the Erosion Control Supervisor (ECS). The ECS shall be a person other than the Superintendent. The ECS shall be experienced in all aspects of construction and have satisfactorily completed the Transportation Erosion Control Supervisor (TECS) training program authorized by the Department. A copy of the TECS certificate shall be placed in the SWMP Notebook confirming certification number and that the qualification has not expired. Proof that this requirement has been met shall be submitted to the Engineer prior to or at the environmental preconstruction conference. The ECS shall act as the SWMP Administrator on the project. The SWMP Administrator shall be responsible for oversight of the implementation, maintenance, and revision of the SWMP for the duration of the project. The ECS shall use the information provided in CDOT's Erosion Control and Stormwater Quality Guide and the CDPS-SCP. April 26, 2012 REVISION OF SECTION 212 SEED Section 212 of the Standard Specifications is hereby revised for this project as follows: In subsection 212.02 (a), delete the first paragraph and replace with the following: (a) Seed. All seed shall be furnished in bags or containers clearly labeled to show the name and address of the supplier, the seed name, the lot number, net weight, origin, the percent of weed seed content, the guaranteed percentage of purity and germination, pounds of pure live seed (PLS) of each seed species, and the total pounds of PLS in the container. All seeds shall be free from noxious weed seeds in accordance with current state and local lists and as indicated in Section 213. The Contractor shall furnish to the Engineer a signed statement certifying that the seed is from a lot that has been tested by a recognized laboratory for seed testing within thirteen months prior to the date of seeding. The Engineer may obtain seed samples from the seed equipment, furnished bags or containers to test seed for species identification, purity and germination. Seed tested and found to be less than 10 percent of the labeled certified PLS and different than the specified species will not be accepted. Seed which has become wet, moldy, or damaged in transit or in storage will not be accepted. 87 January 15, 2015 REVISION OF SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT Section 250 of the Standard Specifications is hereby deleted for this projected and replaced with the following: DESCRIPTION 250.01 This work consists of protection of the environment, persons, and property from contaminants that may be encountered on the Project. This includes monitoring the work for encounters with contaminants or suspected soil and groundwater contaminants; the management of solid, special, and hazardous waste; and management of visual emissions associated with hazardous waste, when encountered on the project. 250.02 The Contractor shall furnish all personnel, materials, equipment, laboratory services and traffic control necessary to perform the contamination monitoring, testing, and site remediation when required. Traffic control shall be in accordance with the requirements of Section 630. Monitoring equipment used to detect flammable gas, oxygen level, and toxic gas shall be capable of detection to meet the following standards: Instrument Detection Constituent Threshold Limit Increments Flammable Gas 1% LEL 1% Oxygen 19% 0.1% Toxic Gas 1 PPM 1 PPM LEL = lower explosive limit PPM = parts per million CONSTRUCTION REQUIREMENTS 250.03 General. Prospective bidders, including subcontractors, are required to review the environmental documents available for this project. These documents are listed in subsection 102.05 as revised for this project. 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) and 250.05 shall be followed. Transportation of waste materials on public highways, streets and roadways shall be done in accordance with Title 49, Code of Federal Regulations (CFR). All labeling, manifesting, transportation, etc. of waste materials generated on this project shall be coordinated with the Engineer. All hazardous waste manifests for waste materials generated on this project shall list the Colorado Department of Transportation as the generator of the waste materials except as otherwise noted. If the Contractor contaminates the site, the Contractor shall be listed as the generator on the hazardous waste manifests, permits, and other documents for such material. If the project is not on a State Highway or frontage road, then the appropriate local governmental entity having jurisdiction over the transportation system facility shall be listed as the hazardous waste generator. If waste materials must be handled in a permitted treatment, storage and disposal (TSD) facility, the facility shall be designated in writing by the Engineer. If the waste materials are the result of the Contractor's actions, the Contractor shall designate the facility. The hazardous waste transportation phase of the work involves insurance required by law and regulations. If the waste materials are determined to be hazardous, the Contractor must submit proof that the transportation company is covered by the appropriate type and amount of insurance required by laws and regulations governing the transportation of hazardous waste. The Contractor alone bears the responsibility for determining that the work is accomplished in strict accordance with all applicable federal, state and local laws, regulations, standards, and codes governing special waste, petroleum and hazardous substance encounters and releases. The Contract will list known or suspected areas of contamination. Health and Safety Officer, Monitoring Technician, and Health and Safety Plan shall be required when so stated in the Contract. (a) Health and Safety Officer (HSO). The Contractor shall designate a HSO, not the project superintendent, who shall have at least two years field experience in chemical related health and safety. The HSO shall be either a certified industrial hygienist (CIH), certified hazardous materials manager (CHMM), professional engineer (PE) licensed in the State of Colorado, certified safety professional (CSP), or registered environmental manager (REM) meeting the criteria set forth in 29 CFR 1926. When asbestos is present or is suspected to be present, the HSO shall have additional training and certification in accordance with the Air Quality Control Commission Regulation No. 8 Part B. The HSO shall meet the minimum training and medical surveillance requirements established by the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA) for a supervisory Site Safety Official per 29 CFR 1962.65. The Contractor shall furnish documentation to the Engineer, at the preconstruction conference, that the above requirements have been met. 250.03. The HSO shall be equipped with the following: (1) Communication equipment as required in subsection 250.03(d)2.A. and avehicle. (2) Monitoring and detection equipment for flammable gas, oxygen sufficiency, toxic gas, radiological screening and other hazards. This includes, as required, a combustible gas indicator, flame ionization or photo ionization detector, oxygen meter, radiation monitor with Geiger Mueller detector and other foreseeable equipment. (3) Depth gauging equipment, sampling equipment and sampling containers. (4) Personal protective equipment (levels C and D) when required. The HSO shall recommend and supervise those actions which will minimize the risk of hazardous substance related injury to the workers, Department personnel, the general public, property and the environment. Hazardous substance is defined in 29 CFR 1926.32. The HSO shall prepare written procedures for the monitoring of confined space entry and working in or near excavations, including but not limited to trenches :• and drill holes associated with this project. The HSO shall conduct or supervise all hazardous substance and solid waste related testing, sampling, monitoring and handling for this project to ensure compliance with applicable statutes and regulations, and other applicable environmental requirements under subsections 107.01 and 107.02. The HSO shall be available for consultation and assistance with contaminated materials related testing, sampling, and field monitoring as required by the Engineer. The HSO shall prepare and submit a bound and indexed final site report to the Engineer at the end of the project. This site report shall include a detailed summary of all contaminated materials and contaminated water that were encountered and their final disposition. During each week the HSO is utilized, the HSO shall prepare a daily diary which shall be submitted to the Contractor and the Engineer. This diary shall be submitted at the end of the week and shall become a part of the Department's records. The diary shall contain a chronological log of activities on the project including: dates and times on site, equipment used and calibrations, field monitoring results, visual observations, conversations, directives both given and received, and disposition of suspected hazardous substances. The Engineer will review this submittal and approve the actual number of hours to be paid. (b) Monitoring Technician (MT). The Contractor shall designate a monitoring technician to be responsible for monitoring of hazardous substances during work on the project. The MT shall have a minimum of two years of actual field experience in assessment and remediation of hazardous substances that may be encountered during highway construction projects. The MT shall be experienced in the operation of monitoring devices, identifying substances based upon experience and observation, and field sampling (for testing) of all media that may be found on the site. Completion of the 40 hour hazardous waste and 8 hour supervisory training required by OSHA and U.S. EPA rules and regulations which complies with the accreditation criteria under the provisions of the proposed 29 CFR 1910.121 is required prior to beginning work. The Contractor shall furnish documentation at the Preconstruction Conference that demonstrates these requirements have been met. The MT shall be equipped with the following: (1) Communication equipment as required in subsection 250.03(d)2.A. and a vehicle. (2) Monitoring and detection equipment for flammable gas, oxygen sufficiency, toxic gas, radiological screening and other hazards. This includes, as required, a combustible gas indicator, flame ionization or photo ionization detector, oxygen meter, radiation monitor with Geiger Mueller detector and other foreseeable equipment. (3) Personal protective equipment (levels C and D) when required. The MT shall be present on site and perform monitoring as required by 250.03(d) when work is being performed in areas of suspected contamination and on a predetermined basis throughout other work on the project. The MT shall monitor for compliance with regulations, the project Health and Safety Plan and the Materials Management Plan (if they exist for the project), the Contract, and the environmental documents for the project. The MT shall immediately notify the Contractor, the Engineer and the HSO of any hazardous condition. During each week the MT is utilized, the MT shall prepare a daily monitoring diary which shall be submitted to the Contractor, HSO and the Engineer. This diary shall be submitted at the end of the week and shall become a part of the Department's records. The diary shall contain a chronological log of activities on the project including: dates and times on site, equipment used and calibrations, field monitoring results, visual observations, conversations, directives both given and received, and disposition of suspected hazardous substances. The Engineer will review this submittal and approve the actual number of hours to be paid. (c) Health and Safety Plan (HASP). The HSO shall prepare a written HASP for the project, formatted as shown in Appendix B, Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities, DHHS (NIOSH) Publication Number 85-115, available from the Superintendent of Documents, U.S. Government Printing Office. The Contractor and the HSO shall review the environmental documents listed prior to preparation of the HASP. Four signed copies of the HASP shall be furnished to the Engineer for acceptance. The Engineer shall have seven calendar days to review and accept or reject the proposed HASP. Within five calendar days after acceptance, the HSO shall distribute signed and stamped (or sealed) copies of the accepted HASP to each emergency response agency servicing the project area, the HASP designated emergency hospital, and five copies to the Engineer. Earth or demolition work shall not occur until after the HASP is accepted and the HASP has been distributed. The HASP shall also be available to the Contractor's employees, their representatives, and officials of OSHA, EPA, Colorado Department of Public Health and Environment (CDPHE), local government health department, Federal Highway Administration, and other appropriate agencies and officials as may be designated by the Engineer. The Engineer will distribute the accepted HASP to appropriate Department personnel. The HASP shall be kept current and shall be revised by the HSO as warranted by changes in the field conditions. All on -site workers (Contractor's, Department's, Utilities', and others) shall be briefed by the HSO on the contents of the HASP and any revisions thereof. The HSO shall conduct briefings (group or individual) to inform new employees, subcontractors, utility companies and other on -site workers of the HASP contents prior to their entry on site. All personnel involved in excavation or other soil disturbing activities shall receive the required two-hour Asbestos Awareness training by a Certified Asbestos Inspector, when asbestos discoveries are anticipated, or discoveries are made. A signature log of all briefing attendees shall be kept and furnished to the Engineer. The Contractor shall provide, as required, eye wash equipment and stations, emergency showers, hand and face washing facilities and first aid equipment. The Contractor shall provide, as required, decontamination facilities for personnel and equipment employed in the work. The exact procedure for decontamination and frequency shall be included in the accepted HASP. Decontamination facilities shall meet the criteria set forth in the Code of Federal Regulations (29 CFR and 40 CFR). (d) Precautions and Procedures. The following minimum precautions and procedures shall be followed during the construction of the project: 1. General construction precautions: A. All monitoring and piezometer wells and test borings shall be established or abandoned by the Contractor as regulated by the State Engineer's Office. Copies of all required permits, notification, and abandonment documents shall be submitted to the Engineer prior to payment approval. B. Hazardous substance related activities shall have a work plan for each work phase which shall be coordinated with the Engineer at least three working days prior to commencement of each phase of the work. C. The Contractor shall properly handle all investigation derived waste generated by this project. Documentation shall be submitted to the Engineer of all tests performed for Treatment, Storage and Disposal (TSD) determination; classification of waste; hauling records; TSD acceptance; manifest (if required); etc. in accordance with applicable laws and regulations. D. When the work may involve air emissions, the Contractor shall contact the Colorado Department of Public Health and Environment (CDPHE), Air Pollution Control Division to ascertain if an air pollution emission notice (APEN) or permit is required for this operation. The Contractor shall be responsible for filing the APEN and obtaining said permit, if Lei required. The processing of air pollution permits, if required, in non -attainment areas or - where public hearings are required, likely will take more than 90 days. 2. For construction on a known or potentially contaminated site, the following conditions shall apply, in addition to those listed in subsection 250.03(d)l : A. The HSO shall be on site or readily available by radio, telephone or pager at all times during the work. When on site, the HSO shall have an operational portable or mobile cellular telephone available for immediate use in areas where such service is available. When on site in cellular telephone non -service areas, the HSO shall have available, for immediate use, radio access to a site with telephone service. The HSO shall be notified at least 24 hours prior to the start of confined space entry, storage tank removal, drilling, excavation, trenching, or dewatering operations. B. The HSO shall designate the onsite monitoring equipment for flammable gases, oxygen deficient or enriched atmosphere, and toxic gases, such as but not limited to, a flame ionization detector, photoionization detector, combustible gas indicator, and oxygen meter. This designated equipment shall be on site during all construction operations and be utilized during trenching, drilling, excavating, confined space entry, underground storage tank removal, and other appropriate construction operations. The exact equipment to fulfill this requirement shall be specified in the accepted HASP. The HSO shall conduct or supervise the monitoring. The monitoring equipment shall be calibrated as recommended by the manufacturer. C. When drilling, trenching, or excavating in the presence of detectable concentrations of explosive gases, the soil shall be wetted and the operating equipment shall be provided with spark proof exhausts. D. The Contractor, through the HSO, is responsible for ensuring that 29 CFR 1926 is fully complied with during the construction of the project. E. Affected excavation operations shall be discontinued and personnel shall be removed from the affected excavation sites where any of the following levels are detected: (1) 20.0 percent or more LEL flammable gas, or 10.0 percent in an underground or confined space, (2) Permissible Exposure Limit (PEL) of any toxic gas, (3) 19.5 percent or less oxygen, (4) 25.0 percent or more oxygen, (5) Greater than 2 mrem/hr. (Beta particle & photon radioactivity), (6) Greater than 15 pCi/L (Gross alpha particle activity), or (7) Other action levels as determined by the HSO. (8) Uncovering of suspect Asbestos Containing Material (ACM), including but not limited to, buried facility components, active or abandoned utility lines, buried foundations and demolition debris, or miscellaneous ACM dispersed in the soil. The Contractor shall follow the procedures outlined in the HASP and 29 CFR 1926 to address these conditions. Work shall resume in these areas when approved by the Engineer. F. Personnel shall be issued and utilize appropriate Health and Safety equipment as determined by the HSO, who shall provide the Engineer with a written explanation of what personal protective equipment (PPE) shall be worn, when, and by which personnel. Except in emergency cases, the Engineer shall be advised by the HSO of changes in the degree of PPE prior to implementation. G. Personnel shall avoid the area immediately downwind of any excavation unless the excavation is monitored and declared safe. H. The operators of excavating, trenching, or drilling equipment shall wear appropriate PPE as required in the HASP. I. Exhaust blowers shall be present at the location where required in the accepted HASP. J. The Contractor shall accomplish the work with employees who have been trained and equipped as required by the HASP and applicable provisions of 29 CFR 1910 and 29 CFR 1926. 3 4. K. Fire extinguishers, electrical equipment and wiring shall conform to the applicable requirements of 29 CFR 1926 and 49 CFR. L. Smoking shall not be permitted within 50 feet of any excavation. For construction within 1000 feet of a known or potentially contaminated site, the following conditions, in addition to those listed in subsection 250.03(d) 1. shall apply: A. The areas under construction shall be checked with a combustible gas indicator before excavation begins to determine if flammable or combustible gas is in the area. B. Excavations, trenches and drill holes shall be monitored by the HSO for flammable gas, toxic gas and oxygen deficiency or enrichment. This shall be carried out continuously unless the presence of flammable, combustible or toxic gas, or oxygen deficiency or enrichment in the area can be ruled out by the HSO. The recommendation to discontinue monitoring must be agreed to by the Engineer and the Contractor. Prior to implementation, this agreement shall be written, and shall contain specific conditions that will require re-evaluation of the area. C. When flammable or toxic gas is found in the area, those precautions and procedures in subsection 250.03(d)2 shall apply. The following procedures shall be followed if the level of contamination as documented in the environmental documents referenced in subsection 102.05 as revised for this project is exceeded, or if previously unidentified contaminated air, soil or water, is encountered during the construction of the project: A. Work in the immediate area of the release or discovery of contamination shall cease. The Engineer shall be immediately notified. B. If no HSO is required by the Contract, the Contractor shall designate an HSO as directed, in accordance with subsection 250.03(a). C. The Engineer may direct the HSO to evaluate the material for potential hazardous substance or other contamination or unsafe conditions. This evaluation may include, but is not limited to, on site field monitoring, on site testing, and on or off site laboratory analysis. Removal of storage tanks and surrounding contaminated soils shall be in accordance with applicable laws, regulations and established procedures. If the contaminated material cannot be placed in the embankment or remediated on site, it must be removed to an appropriate TSD facility, as designated in writing by the Engineer. The HSO shall supervise the necessary testing required to make appropriate TSD determinations. Disposal of the unsuitable material shall be considered as remediation work as described in subsection 250.03(d)4.D and 250.03(d)4.E. D. If this site is determined to be contaminated with petroleum products, hazardous substances or other solid waste in excess of that indicated in the above listed site investigation documents, a thorough Site Investigation and Waste Management Plan shall be accomplished under the supervision of the HSO The Site Investigation and Waste Management Plan shall be submitted to the Engineer for approval and shall determine the extent of contamination and propose at least three types of remedial action for the contaminated area as required by applicable statutes and regulations. The HSO shall be available to assist the Engineer in explaining this study to the regulatory agencies. When requested by the Engineer, the Contractor shall prepare a Remediation Plan based on the selected remedial method, and shall submit this to the Engineer for approval. The time required for the Engineer's review of the Remediation Plan, including all necessary drawings, calculations, specifications, and other documentation will not exceed four weeks after a complete submittal is received. This work shall not be done unless authorized in writing by the Engineer. E. If the site is determined to be contaminated with petroleum products; hazardous chemicals, materials, or wastes; or other solid wastes, and is required to be remediated, the HSO or other qualified individuals will supervise the Remediation Plan implementation as concurred to by the regulatory agencies, as directed. Hazardous Waste generated by remedial activities shall list the Colorado Department of Transportation as the hazardous waste generator on the required paperwork for projects on State Highways and their associated frontage roads. If this project is not on a State Highway or frontage road, then the appropriate local governmental entity having jurisdiction over the transportation system facility shall be listed 93 as the hazardous waste generator. If the waste disturbed or produced was caused by Contractor negligence, the Contractor shall be listed as the hazardous waste generator. Remediation work shall be done only when authorized by the Engineer in writing. 250.04 Heavy Metal Based Paint Management. When the work includes the removal of paint or items covered with paint which may contain lead, chromium or other heavy metals, the requirements of this subsection shall apply in addition to the requirements of subsection 250.03. The requirements of the HASP shall be in accordance with OSHA Publication Number 3142, Working with Lead in the Construction Industry. Paint Removal and Waste Disposal work shall be performed in accordance with 29 CFR 1926.62, State and local air quality regulations, the Steel Structures Painting Council (SSPC) Guide for Containing Debris Generated During Paint Removal Operations, the Industrial Lead Paint Removal Handbook (SSPC 91-18), and the references contained therein. The following minimum precautions and procedures shall be followed unless modified in the approved HASP or its updates: (a) The Contractor shall contact the CDPHE, Air Pollution Control Division to ascertain if an air pollution permit is required for the cleaning or demolition work. If an air pollution permit is required, the Contractor shall obtain the permit. The Contractor shall furnish the Engineer with a copy of the permit application and the permit issued prior to starting cleaning or demolition activities. A copy of the Air Pollution Emission Notice [APEN] shall be provided to the Engineer, if such notice is required under the Colorado Air Quality Control Commission's regulations. The processing of air pollution permits in non - attainment areas, or where public hearings are required, likely will take more than 90 days. (b) The Contractor shall contain paint chips, corrosion residues, and spent abrasives, herein referred to as waste materials, resulting from the cleaning or demolition operations. The Contractor shall not deposit or release waste material into the water, air or onto the ground below or adjacent to the structure. The Contractor shall conduct cleaning operations to minimize the waste materials produced. Prior to beginning the work, the Contractor shall submit to the Engineer for acceptance, a detailed methods statement for capturing, testing, and disposing of the removed materials. The Engineer will have seven calendar days to review, and accept or reject this methods statement. (c) Abrasives utilized for blast cleaning shall be low -dusting and low waste. Unless approved otherwise, vacuum blasting or wheel blasting shall be used. (d) The HSO shall sample and test the waste material for lead, chromium, and other paint associated heavy metals using the Toxicity Characteristic Leaching Procedure (TCLP) Test, Method 1311 of the EPA publication, Test Methods for Evaluating Solid Waste 846. Sample collection methodology and frequency shall be recommended by the HSO and accepted by the Engineer with an adequate number of samples taken to be representative of all waste material collected. If the waste material does not pass the TCLP test, it shall be disposed of in a permitted TSD facility as designated in writing by the Engineer. The waste materials handling decision shall be documented by a report (five copies) submitted to the Engineer. This documentation shall include a description of sample collection methodology, testing performed, test results and comparison of test results with hazardous waste requirements. The waste material shall not be held at an unpermitted TSD facility site in excess of Resource Conservation and Recovery Act (RCRA) temporary storage time limits. (e) When an item coated with paint is removed, all loose paint shall be removed and collected from the item within 24 hours of the time it is removed or placed onto the ground. All loose paint shall be removed and collected from a painted item before it is removed from the site. The Contractor shall contain loose paint - until it is removed and collected. Loose paint is defined as that which can be removed by manual 94 scraping methods. Over waterways, the Contractor shall capture all paint debris by the method specified in the methods statement. The paint debris shall be collected on a daily basis and shall be stored in a properly labeled, tightly sealed container and placed in a secured location at the end of each working day. (f) All painted steel components which are not designated to be salvaged shall be recycled. Contractor possession of the steel for future use shall be considered a form of recycling. Prior to transport of the components off -site, the Contractor shall obtain a letter from the recipients of the painted steel components stating that they have been fully informed of the contents of the paint and are capable of handling the paint. If the Contractor is to maintain future possession of the steel, the Contractor shall supply this letter. If there will be more than one recipient of the painted material, one letter shall be obtained from each recipient. The Contractor shall provide a copy of each letter to the Engineer. If the painted steel components will be recycled by melting, the letter from the recipient is not required. The Contractor shall submit a letter stating the destination of the painted steel components and that they will be melted. (g) When the work consists of the removal of a bridge or components of a bridge coated with paint which has been assumed to contain lead, chromium, other heavy metals, or a combination thereof the Contractor shall capture paint debris which is dislodged during removal operations. The Contractor may choose any method for dismantling the bridge, subject to the following required construction sequence limitations: (1) The concrete deck shall be removed prior to removal of the steel superstructure. (2) If the methods statement indicates that girders will be dropped to the ground during dismantling, all debris from the concrete deck removal operation shall be removed from the area below the bridge before any girders are dropped into this area. (3) Girders may be cut and dropped only if the span is located entirely over land. r 250.05 Material Handling. This work consists of the additional handling of groundwater and soils to be excavated for construction of the project which are suspected or known to be contaminated. This work also includes stockpiling or containerization, analytical sampling and testing, and final disposition of contaminated groundwater and soils requiring special handling. The Contractor shall maintain vertical trench walls for the work in the specified areas of known or potential contamination, as shown on the plans. Shoring may be necessary to meet this requirement. The Contractor shall confine the removal of contaminated groundwater and soils encountered as a result of the excavation activities in the specified areas to the vertical and horizontal limits of structure excavation specified in the Contract. The Contractor shall be responsible for any contaminated materials generated beyond the limits of excavation. This shall include any sampling, analysis, and disposal required, and the costs thereof. The Contractor shall be listed as the generator of any such material. The limits of excavation shall be determined as 18 inches outside of structures, including sewers, water lines, inlets, manholes, and other underground structures to be constructed, or as directed. Specific areas of known or potential contamination have been identified in the project plans. There is the potential of encountering contaminated groundwater and soil, which has not been summarized in the plans or specifications, at unknown locations on the site. Suspected contaminated soil and groundwater shall be handled by one of three methods as follows: (a) Materials Handling (Stockpile& Containerization). When recommended by the HSO and authorized by the Engineer, material shall be stockpiled or containerized for analysis and characterization for proper handling and, disposal, or both. Sampling and testing of materials shall be as described in the Contract. If analysis indicates that soil samples are designated as uncontaminated, as determined by the criteria shown in the Contract or as determined by the CDPHE, the associated soils will not require any special handling and will become the property of the Contractor and may be used on site, subject to other SECTION OD420 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. 2 3 4 5 7 Name of Bidder: Permanent main office address: QqD r Cl?) (a) lwtcl'(;fTn Co - When organized: MD If a corporation, where incorporated: co [) raA D How many years have you been engaged in the contracting business under your present firm or trade name?y Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) � ilro Wee? Sul..) Genera character of Work performed by your company: UVL�Q.� �ld A,1L%U A 1-70, C00 y r -]5, WD yrs. rl f lC�l �( G1O Ypr I se-0 Jay . flatzA s ezw' , S. Have you, or a firm for which you were principal, ever failed to complete any Work awarded to you? Y-l[ ) If so, where and why? tir% r requirements of the Contract. Health and safety monitoring and strict fugitive dust control shall be conducted during the placement of these soils. If analysis indicates that groundwater samples are designated as uncontaminated, as determined by the criteria shown in the Contract or as determined by the CDPHE, the groundwater shall be handled in accordance with subsection 107.25. Stockpiled and containerized materials shall be secured in compliance with the following provisions until they are determined to be uncontaminated: 1. The Contractor shall not store the material for more than 90 days. 2. The Contractor shall prevent any runoff from infiltrating the ground or running out of the containment area. 3. Soils and groundwater containing different contaminants shall be placed in separate containers or stockpiles. 4. The Contractor shall prevent the dispersion of materials or the dilution or mixing of containers and stockpiles. 5. The ground surface on which the contaminated soils will be placed shall be covered with plastic sheeting which will withstand the placement and removal of stockpiled materials without breaching. 6. The ground surface shall be graded to drain toward the edge of the soil piles and the berm or trench around them shall be covered by plastic sheeting. 7. Proper security shall be provided in accordance with 40 CFR. (b) Solid Waste Disposal. Soils determined to be contaminated, but not hazardous, as established by criteria in the Contract or as determined by CDPHE or other regulatory agencies having jurisdiction, shall be handled and disposed of, or both as recommended by the HSO and approved by the Engineer. The Contractor shall haul this material to a solid waste disposal facility. (c) Contaminated Groundwater Disposal. Groundwater determined to be contaminated, but not hazardous, as established by criteria in the Contract or as determined by CDPHE or other regulatory agencies having jurisdiction, shall be handled and disposed of, or both as recommended by the HSO and approved by the Engineer. The Contractor shall prepare a dewatering plan proposing at least three types of treatment and/or disposal options of contaminated groundwater as required by applicable statutes and regulations. One of the treatment options shall include permitting and onsite treatment prior to discharge or disposal. The dewatering plan shall be submitted to the Engineer for approval four weeks before dewatering activities begin. (d) Hazardous Waste Disposal. Soils and groundwater that are designated or suspected to be hazardous shall be containerized immediately upon excavation or upon discovery. Hazardous material shall be labeled and transported to a permitted treatment, storage and disposal (TSD) facility or to a hazardous waste disposal facility approved by the Engineer. (e) Additional Requirements. Stockpiled or containerized material characterized as uncontaminated, contaminated or hazardous shall be stored and disposed of in a manner consistent with current established federal, state, and local regulations for waste materials. Materials with contaminants not specifically regulated shall be disposed of by the Contractor as directed, in consultation with CDPHE. All areas where wastes are generated shall be reviewed by the HSO to identify potential contaminant sources that may result in a contaminated waste stream. Contaminated groundwater and soils, which have been identified as solid waste or hazardous waste, requiring disposal according to federal, state, and local regulations, shall be transported in accordance with 49 CFR by the Contractor to an appropriately permitted treatment facility, landfill, incinerator or asphalt plant or other facility approved to accept the waste. CDPHE and the landfill or other treatment or disposal facility shall be notified by the HSO of the material to be disposed of and the corresponding analytical test results prior to shipment. Potentially contaminated water collected from the lined trench of a stockpile shall be treated as required by Colorado Wastewater Discharge Permit System (CDPS) permits, 29 CFR and 40 CFR and reimbursed separately in accordance with Contract requirements. 250.06 Sample delivery. This work consists of the collection, containerization and delivery of material samples for analysis to the testing facility designated in the Contract. Environmental Protection Agency (EPA) protocol and standards shall be followed in the collection, containerization and transport of samples to be analyzed, including the documentation of the proper chain of custody of all samples. The Contractor shall collect sufficient sample material to perform the required analysis and is responsible for ensuring that appropriate climate control has been provided for sample transport. Sample delivery shall be made within the maximum allowable holding time for each sample type, not to exceed 24 hours, excluding weekends. The time period required for sample collection and delivery to the testing facility will not be considered an excusable delay. The analysis to be completed and turnaround time shall be approved by the Engineer. The Contractor shall provide the Engineer with a copy of documentation indicating that proper chain of custody requirements have been followed for all samples. Quality control samples shall be provided by the Contractor in accordance with the quality control requirements of the testing facility designated in the Contract (quality control requirements are available from the Engineer). The Contractor shall prepare, label and transport these samples to the testing facility in conjunction with the delivery of other samples authorized for analysis by the Engineer, at no additional cost. The Engineer may request splits of samples, in advance of collection, which shall be provided at no additional cost by the Contractor. 250.07 Asbestos -Containing Material Management. Environmental documents or plans listed in the special provisions should include known or suspected locations that could involve encounters with ACM during excavation and other soil disturbing construction activities. Unexpected discoveries of ACM may be made during excavation and soil disturbing construction activities. Asbestos contaminated soil, shall be properly managed or remediated, in accordance with subsection 250.07(a). All asbestos related activities shall be performed by Colorado certified asbestos professionals, contractors, or consultants. Certifications are issued by the Colorado Department of Public Health and Environment (CDPHE), Indoor Air Quality Unit. A Colorado Certified Asbestos professional shall manage the management and disposal of asbestos contaminated soil and other ACM. The Indoor Air Quality Unit within CDPHE is the only unit that certifies such professionals. The Contactor shall furnish a copy of the license to the Engineer. (a) Regulatory Compliance. Asbestos contaminated soil management is governed by 6 CCR 1007-2, Section 5, which includes and references regulatory compliance with Asbestos Hazard Emergency Response Act (AHERA) Colorado Regulation 8; Inspection and reporting protocol and demolition standards are governed by AHERA; Demolition and notification standards are governed by National Emission Standards for Hazardous Air Pollutants (NESHAPS); Colorado Regulation 8 governs all asbestos activities, demolition, permitting, and certification of Certified Asbestos Professionals in the State of Colorado. Colorado Regulation 8 is more stringent than AHERA and NESHAPS and supersedes federal regulations. Conflicting regulatory requirements between AHERA and NESHAPS, if not specifically addressed in Colorado Regulation 8, shall be addressed and approved protocol negotiated with CDPHE. The Contractor shall conform to all current regulations, policy directives, or both, issued by the EPA, CDPHE, and the Department. (b) Asbestos Management and Visual Inspections Asbestos management must be performed by a certified asbestos professional. Final Inspections of the area of asbestos contaminated soil removal shall be performed by an Asbestos Consultant to determine what, if any, controls must be instituted to allow future activity in the excavation area. All final visual inspections shall be conducted only when soil is dry. (c) Permitting and Notification. The CDPHE requires notification of any soil disturbing activity where asbestos is known, suspected, or discovered. A 24-hour notification to CDPHE is required prior to any soil disturbing activity of an unplanned asbestos discovery. A 10 working day notification to CDPHE is required prior to any soil disturbing activity in an area with known or potential material suspected of containing asbestos in or on the soil or asbestos -contaminated soil. Removal of asbestos -containing material on a facility component, that is located on or in soil that will be disturbed, with asbestos quantities above the following trigger levels must be permitted and abated in accordance with the requirements of Air Quality Control Commission Regulation No. 8 (5 CCR 1001-10, Part B): (1) 260 linear feet on pipes, (2) 160 square feet on other surfaces, or (3) The volume of a 55-gallon drum. All permit applications shall be submitted to the Colorado Department of Public Health and Environment a minimum of 10 days prior to start of work for approval. The permit application and notification shall be submitted simultaneously. The Contractor shall obtain all required State and local permits and shall be responsible for all associated fees. Permit application, notification, and waiver request forms shall be submitted to: Colorado Department of Public Health and Environment Permit Coordinator/APCD - SS - B 14300 Cherry Creek Drive South Denver, CO 80246-1530 Phone: (303) 692-3100 Fax: (303) 782-0278 Application and waiver forms are available on the CDPHE website: asbestos@state.co.us (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. Asbestos Awareness Training shall be given by a qualified and certified Asbestos Building Inspector 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. Risk assessment and determinations must be made by a Certified Asbestos Inspector, and coordinated with the Engineer. Soil remediation is not necessarily required, depending on the circumstances. (7) Submit 24-hour Notification of Unplanned Asbestos Discovery. (8) Submit 10-day Notification of Planned Asbestos Management. (9) Submit 24-hour Notification of Unplanned Asbestos Discovery. (10) Submit 10-day Notification of Planned Asbestos Management. (e) Risk Assessment and Determinations for Further Management Or Remediation. Risk assessment and determinations for further management or remediation must be closely coordinated with the Project Engineer and Project Manager of the Statewide Management Plan. 250.08 Methamphetamine Lab Sites. Demolition of former Methamphetamine (meth) labs is enforced by the Governing Authority, which varies from county to county. The Contractor shall demolish all buildings that are identified as former meth labs, as listed in public listings by the Governing Authority. The Contractor shall provide evidence of demolition to the Governing Authority, obtain receipt of such evidence by the Governing Authority, and shall submit these to Engineer immediately following demolition. Septic tank removal at known meth lab sites shall undergo preliminary assessment by an Industrial Hygienist or Certified Industrial Hygienist to determine proper removal and disposal. Work shall proceed in accordance with the recommendations of the Hygienist. METHOD OF MEASUREMENT 250.09 Environmental Health and Safety Management will not be measured, but will be paid for on a lump sum basis. This will include all work, materials, and hourly time charges by the HSO and other personnel required to accomplish the following: (1) Preparation, submittal and briefing of the initial HASP (2) Preparation and submittal of the Waste Management Plan 1. Preparation and Submittal of the Dewatering Plan 2. Preparation and Submittal of the Remediation Plan (3) Procedures and equipment specified in subsections 250.03 - 250.07 (4) PPE (levels C and D) for Contractor's personnel for any contamination identified in the preconstruction investigations (5) Preparation and submittal of the final site report The quantity to be measured for Health and Safety Officer will be the total number of hours that the Health and Safety Officer is actually used, as authorized, for the following work: (1) Field monitoring necessary to ensure the safety of workers on the site; (2) Hours in excess of the items listed under Environmental Health and Safety Management; (3) Hours that are necessary due to unforeseen site conditions; and (4) Hours of additional consultation or field work that is requested by the Engineer. Equipment specified in subsection 250.03(a), preparation and submittal of the daily HSO diary, travel to and from the project site, and PPE (Levels C and D) required for use by the HSO will not be measured and paid for separately, but shall be included in the hourly cost of the HSO. The quantity to be measured for Monitoring Technician will be the total number of hours that Monitoring Technician is actually used as authorized. Equipment specified in subsection 250.03(b), supervision of the MT, preparation and submittal of the daily monitoring diary, travel to and from the project site, and PPE required for use by the MT (Levels C & D) will not be measured and paid for separately, but shall be included in the hourly cost of the MT. Solid stockpiled materials will be measured by the cubic yard computed from cross sections by the average end area or other requirements acceptable method. Disposal of solid waste and solid hazardous waste materials will be measured by the cubic yard in the disposal container. Materials Sampling and Delivery will be measured by the actual number of samples collected, containerized and transported to the testing facility indicated in the Contract. Additional environmental health and safety management work required and authorized by the Engineer, but not included in the items listed above, will be considered extra work to be paid for in accordance with subsection 109.04, unless such work is caused by the Contractor's action. BASIS OF PAYMENT 250.10 Partial payment for Environmental Health and Safety Management, as determined by the Engineer, will be made as the work progresses. The Contractor shall submit a schedule of environmental related Health and Safety Management work before the first partial payment is made. The schedule shall indicate the environmental related Health and Safety Management time for each work item that requires Contractor environmental related Health and Safety Management effort and the total time for the project. The accepted quantity for Health and Safety Officer will be the number of hours actually used and approved for payment by the Engineer and will be paid for at the contract unit bid price. The accepted quantity for Monitoring Technician will be the number of hours of onsite monitoring as approved by the Engineer and will be paid at the Contract unit price. Environmental Health and Safety Management, Health and Safety Officer and Monitoring Technician bid items shall include vehicles, phone charges, supplies, printing, postage, office support, and all other miscellaneous costs associated with the work. 100 Payment for Groundwater Handling (Containerization & Analysis) will be paid for in accordance with subsection 109.04. Payment for Soil Handling (Stockpile) will be made at the contract unit price for all excavated material required to be stockpiled for analysis. The contract unit price will be full compensation for furnishing all materials, labor, equipment and incidentals necessary to complete this work, and all handling of the material prior to disposal. This includes haul, stockpile, and security. Payment for this work will be in addition to any payment made under other bid items for excavation, embankment or backfill on the project, or waste disposal of this material. Payment for Solid Waste Disposal and Solid Hazardous Waste Disposal will be made at the appropriate contract unit price for the disposal of material determined to be either solid waste or solid hazardous waste. The contract unit prices will be full compensation for furnishing all materials, labor, equipment, tools, storage containers for transport, containerization of material for up to 60 days, and incidentals necessary to complete this work. This includes all handling of the material, loading for disposal, unloading for disposal, and borrow material required for replacement of excavated material disposed of offsite. It does not include stockpiling or containerization required for analysis which is included in the item Materials Handling (Stockpile & Containerization) paid for as described above. Payment for waste disposal fees and transport of hazardous waste will be made as shown below. Payment for this work will be in addition to any payment made under other bid items for excavation, embankment, backfill or material handling (stockpile & containerization) on the project. (1) Solid Waste. Transport costs to the disposal facility and disposal fees will be included in the contract unit price for this work. (2) Solid Hazardous Waste. Transport, Disposal and /or Treatment costs will be paid for by planned force account in accordance with subsection 109.04. (3) Liquid Hazardous Waste. Transport, Disposal and /or Treatment costs will paid for by planned force account in accordance with subsection 109.04. The cost of shoring required to limit the removal of contaminated materials to the specified limits shall be included in the bid unit prices for any excavation to be performed. Such shoring ordered by the Engineer in areas other than the specified areas of known or potential contamination, as shown in the plans, will be paid for in accordance with subsection 109.04. Payment for Materials Sampling and Delivery will be made at the contract unit price for each material sample collected, containerized and transported to the laboratory testing facility as designated in the Contract. The Contract unit price will be full compensation for furnishing all materials, labor, equipment, tools and incidentals necessary to complete this work including required sampling kits, containers, sample splits and quality control samples. The Contractor shall be responsible for damage caused by Contractor negligence to the environment, persons, or property. Expenditures associated with actions of the Contractor shall be borne by the Contractor at no cost to the project. Contaminated groundwater containerized, treated or disposed under the requirements of this specification will be paid for by planned force account in accordance with subsection 109.04. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. 101 Pay Item Environmental Health and Safety Management Health and Safety Officer Monitoring Technician Materials Sampling and Delivery Materials Handling (Stockpile) Solid Waste Disposal Pay Unit Lump Sum Hour Hour Each Cubic Yard Cubic Yard 102 May 5, 2011 REVISION OF SECTIONS 412,601 AND 711 LIQUID MEMBRANE -FORMING COMPOUNDS FOR CURING CONCRETE Sections 412, 601 and 711 of the Standard Specifications are hereby revised for this project as follows: In subsection 412.14, first paragraph, delete the second sentence and replace with the following: The impervious membrane curing compound shall meet the requirements of ASTM C 309, Type 2 and shall be volatile organic content (VOC) compliant. In subsection 601.13 (b), first paragraph, delete the second sentence and replace with the following: A volatile organic content (VOC) compliant curing compound conforming to ASTM C 309, Type 2 shall be used on surfaces where curing compound is allowed, except that Type 1 curing compound shall be used on exposed aggregate or colored concrete, or when directed by the Engineer. In subsection 601.16 (a) 1., delete the first sentence and replace with the following: 1. Membrane Forming Curing Compound Method. A volatile organic content (VOC) compliant curing compound conforming to ASTM C 309, Type 2 shall be uniformly applied to the surface of the deck, curbs and sidewalks at the rate of 1 gallon per 100 square feet. Delete subsection 711.01 and replace with the following: 711.01 Curing Materials. Curing materials shall conform to the following requirements: 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 perforniance re uiremems of AASHTO M 171 shall apply. Straw used for curing shall consist of threshed straw of oats, barley, wheat, or rye. Clean field or marsh hay may be substituted for straw when approved by the Engineer. Old dry straw or hay which breaks readily in the spreading process will not be accepted. 103 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. 104 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. 105 9. Have you, or a firm for which you were a principal, ever defaulted on a contract? If so, where and why? 10. Are you, or a firm for which you were principal, debarred by any government agency? If yes list agency name. n - 1 C)'- 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. U' it Itm 4ISO e-- kD ats tt 44 I uo -�-/ .,F, . ArTr ChmePJ* 12. List your major equipment available for this contract. 13. Experience in construction Work similar in importance to this project: _��r+c:�G�=i1(7P"1 [11aG,n� / t'}YCIQFLI"Ltr1Gt e�T n��} 14. Background and experience of the principal members of your organization, including officers: October 29, 2015 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, the trial mix shall be run with the required air content. 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 Below Deviations Pay Below Pay Specified From Factor Specified Factor Strength Specified (Percent Strength (psi) (Percent (psi) Air ) < 4500 psi ) ] ? 4500 psi (Percent) Concrete] 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 Reject Over 500 Reject 65 501-600 54 601-700 42 701-800 29 801-900 15 901-1000 Reject Over 1000 106 May 8, 2014 REVISION OF SECTION 601 QC TESTING REQUIREMENTS FOR STRUCTURAL CONCRETE Section 601 of the Standard Specifications is hereby revised for this project as follows: Delete the first paragraph of subsection 601.17 and subsection 601.17(a) and replace with the following: 601.17 Acceptance and Pay Factors. These provisions apply to all concrete. The Contractor shall sample 601 pay items for both QC and QA in accordance with CP 61. The Engineer will witness the sampling and take possession of the QA samples at a mutually agreed upon location. The Contractor shall be responsible for Quality Control (QC) testing for 601 pay items. QC testing shall be performed at least once per day and then once per 50 cubic yards for concrete slump, unit weight and concrete temperature for each 601 pay item. (a) Air Content. The first three batches at the beginning of each day's production for each 601 pay item shall be tested by the Contractor's QC and CDOT's QA for air content. When the QC and QA air content measurements differ by more than 0.5 percent, both the QC and QA air meters shall be checked in accordance with ASTM C 231. When air content is below the specified limit, it may be adjusted in accordance with subsection 601.08. Successive batches shall be tested by the Contractor's QC and witnessed by the Engineer until three consecutive batches are within specified limits. After the first three batches, CDOT will follow the random minimum testing schedule. After the first three batches the Contractor shall perform QC testing at a frequency of one random sample per 50 cubic yards. Air content shall not be adjusted after a CDOT QA test. Subsection 601.19 shall include the following: The Contractor's QC testing will not be measured and paid separately, but shall be included in the work. 107 April 30, 2015 REVISION OF SECTION 601 STRUCTURAL CONCRETE STRENGTH ACCEPTANCE Section 601 of the Standard Specifications is hereby revised for this project as follows: In subsection 601.17 (c), delete the first paragraph and replace with the following: (c) Strength (When Specified). The concrete will be considered acceptable when the running average of three consecutive strength tests per mix design for an individual structure is equal to or greater than the specified strength and no single test falls below the specified strength by more than 500 psi. A test is defined as the average strength of three test cylinders cast in plastic molds from a single sample of concrete and cured under standard laboratory conditions prior to testing. If the compressive strength of any one test cylinder differs from the average by more than 10 percent that compressive strength will be deleted and the average strength will be determined using the compressive strength of the remaining two test cylinders. 108 November 6, 2014 REVISION OF SECTIONS 601 AND 701 CEMENTS AND POZZOLANS Sections 601 and 701 of the Standard Specifications are hereby revised for this project as follows: In subsection 601.03, first paragraph, the following shall be added to the table: High -Reactivity Pozzolans 701.04 Subsection 601.03 shall include the following: Pozzolans shall consist of Fly Ash, Silica Fume and High -Reactivity Pozzolan. In subsection 601.04, delete the third and fourth paragraphs and replace with the following Cementitious material requirements are as follows: Class 0 requirements for sul fate resistance shall be one of the following (1) ASTM C 150 Type 1, 11 or V (2) ASTM C 595 Type IL, IP, IP(MS), IP(HS) or IT (3) ASTM C 1157 Type GU, MS or HS (4) ASTM C 150 Type III cement if it is allowed, as in Class E concrete (1) ASTM C 150 Type 11 or V; Class C fly ash shall not be substituted for cement. (2) ASTM C 595 Type LP(MS) or IP(HS). (3) ASTM C 1157 Type MS or HS; Class C fly ash shall not be substituted for cement. (4) When ASTM C 150 Type III cement is allowed, as in Class E concrete, it shall have no more than 8 percent C3A. Class C fly ash shall not be substituted for cement. (5) ASTM C 595 Type IL; having less than 0.10 percent expansion at 6 months when tested according to ASTM C 1012. Class C fly ash shall not be substituted for cement. (6) ASTM C 595 Type IT; having less than 0.10 percent expansion at 6 months when tested according to ASTM C 1012. (1) ASTM C 150 Type V with a minimum of a 20 percent substitution of Class F fly ash by weight (2) ASTM C 150 Type II or III with a minimum of a 20 percent substitution of Class F fly ash by weight. The Type II or III cement shall have no more than 0.040 percent expansion at 14 days when tested according ASTM C 452 (3) ASTM C 1157 Type HS; Class C fly ash shall not be substituted for cement. 109 (4) ASTM C 150 Type I1, III, or V plus High -Reactivity Pozzolan where the blend has less than 0.05 percent expansion at 6 months or 0.10 percent expansion at 12 months when tested according to ASTM C 1012 (5) ASTM C 1157 Type MS plus Class F fly ash or High -Reactivity Pozzolan where the blend has less than 0.05 percent expansion at 6 months or 0.10 percent expansion at 12 months when tested according to ASTM C 1012 (6) A blend of portland cement meeting ASTM C 150 Type II or III with a minimum of 20 percent Class F fly ash by weight, where the blend has less than 0.05 percent expansion at 6 months or 0.10 percent expansion at 12 months when tested according to ASTM C 1012. (7) ASTM C 595 Type IP(HS). (8) ASTM C 595 Type IL plus Class F fly ash or High -Reactivity Pozzolan where the blend has less than 0.05 percent expansion at 6 months or 0.10 percent expansion at 12 months when tested according to ASTM C 1012 (9) ASTM C 595 Type IT; having less than 0.05 percent expansion at 6 months or 0.10 percent expansion at 12 months when tested according to ASTM C 1012. Class fequfreFe'n s or su ate res s ance shall be one of the following" A blend of portland cement meeting ASTM C 150 Type I1, III, or V with a minimum of a 20 percent substitution of Class F fly ash by weight, where the blend has less than 0.10 percent expansion at 18 months when tested according to ASTM C 1012. (1) ASTM C 1157 Type HS having less than 0.10 percent expansion at 18 months when tested according to ASTM C 1012. Class C fly ash shall not be substituted for cement. (2) ASTM C 1157 Type MS or HS plus Class F fly ash or High -Reactivity Pozzolan where the blend has less than 0.10 percent expansion at 18 months when tested according to ASTM C 1012. (3) ASTM C 150 Type II,I11, or V plus High -Reactivity Pozzolan where the blend has less than 0.10 percent expansion at 18 months when tested according to ASTM C 1012. (4) ASTM C 595 Type I plus High -Reactivity Pozzolan where the blend has less than 0.10 percent expansion at 18 months when tested according to ASTM C 1012. (5) ASTM C 595 Type IP(HS) or IT having less than 0.10 percent expansion at 18 months when tested according to ASTM C 1012. (6) ASTM C 595 Type IL with a minimum of a 20 percent substitution of Class F fly ash by weight, where the blend has less than 0.10 percent expansion at 18 months when tested according to ASTM C 1012. When fly ash or High -Reactivity Pozzolan is used to enhance sulfate resistance, it shall be used in a proportion greater than or equal to the proportion tested in accordance to ASTM C 1012, shall be the same source and it shall have a calcium oxide content no more than 2.0 percent greater than the fly ash or High -Reactivity Pozzolan tested according to ASTM C 1012. In subsection 601.05 delete the first paragraph and replace with the following: 601.05 Proportioning. The Contractor shall submit a Concrete Mix Design for each class of concrete being placed on the project. Concrete shall not be placed on the project before the Concrete Mix Design Report has been 110 reviewed and approved by the Engineer. The Concrete Mix Design will be reviewed and approved following the procedures of CP 62. The Concrete Mix Design will not be approved when the laboratory trial mix data are the results from tests performed more than two years in the past or aggregate data are the results from tests performed more than two years in the past. The concrete mix design shall show the weights and sources of all ingredients including cement, pozzolan, aggregates, water, additives and the water to cementitious material ratio (w/cm). When determining the w/cm, the weight of cementitious material (cm) shall be the sum of the weights of the cement, fly ash, silica fume and High -Reactivity Pozzolan. In subsection 601.05, delete the 12t', 13d , 10 151h,and 16" paragraphs and replace with the following: The Concrete Mix Design Report shall include Certified Test Reports showing that the cement, fly ash, High - Reactivity Pozzolan and silica fume meet the specification requirements and supporting this statement with actual test results. The certification for silica fume shall state the solids content if the silica fume admixture is furnished as slurry. For all concrete mix designs with ASTM C150 cements, up to a maximum of 20 percent Class C, 30 percent Class F or 30 percent High -Reactivity Pozzolan by weight of total cementitious material may be substituted for cement. For all concrete mix designs with ASTM C595 Type IL cements, up to a maximum of 20 percent Class C, 30 percent Class F or 30 percent High -Reactivity Pozzolan by weight of total cementitious material may be substituted for cement. For all concrete mix designs with ASTM C595 Type IP, IP(MS), IP(HS) or IT cements; fly ash or High - Reactivity Pozzolan shall not be substituted for cement. For all concrete mix designs with ASTM C 1157 cements, the total pozzolan content including pozzolan in cement shall not exceed 30 percent by weight of the cementitious material content. When the Contractor's use of fly ash or High -Reactivity Pozzolan results in delays to the project, when it is necessary to make changes in admixture quantities, the source, or the Contractor performs , the cost of such delays and corrective actions shall be borne by the Contractor. The Contractor shall submit a new Concrete Mix Design Report meeting the above requirements when a change occurs in the source, type, or proportions of cement, fly ash, High -Reactivity Pozzolan, silica fume or aggregate. When a change occurs in the source of approved admixtures, the Contractor shall submit a letter stamped by the Concrete Mix Design Engineer approving the changes to the existing mix design. The change will need to be approved by the Engineer prior to use. In subsection 601.06, second paragraph, delete (9) and replace with the following: (9) Type, brand, and amount of cement, fly ash and High -Reactivity Pozzolan In subsection 601.06, delete (a) and replace with the following: (a) Portland Cement, Fly Ash, High -Reactivity Pouolan and Silica Fume. These materials may be sacked or bulk. No fraction of a sack shall be used in a batch of concrete unless the material is weighed. All bulk cement shall be weighed on an approved weighing device. The bulk cement weighing hopper shall be sealed and vented to preclude dusting during operation. The discharge chute shall be so arranged that cement will not lodge in it or leak from it. ill Separate storage and handling equipment shall be provided for the fly ash, silica fume and High -Reactivity Pozzolan. The fly ash, silica fume, and High -Reactivity Pozzolan may be weighed in the cement hopper and discharged with the cement. In subsection 701.01 delete and replace the second paragraph with the following: All concrete, including precast, prestressed and pipe shall be constructed with one of the following hydraulic cements, unless permitted otherwise. ASTM C 150 Type I eQ ASTM C 150 T pe V Ae IL ASTM C 595 T e IP ASTM C S ASTM C 595 Type IP(HS) ASTM C_59 ASTM C 1157 Type GU, consisting of no more than 15 percent limestone ASTM C I I5773j�"M _�Thdfi15percent' t ASTM C 1157 Type HS, consisting of no more than 15 percent limestone In subsection 701.02 add the following after the first paragraph: Blending of pozzolans according to ASTM D5370 is permitted to meet the requirements of ASTM C 618. Add subsection 701.04 immediately following subsection 701.03 as follows: 701.04 High -Reactivity Pozzolans. High -Reactivity Pozzolans (HRP) shall conform to the requirements of AASHTO M321. HRPs are but not limited to metakaolin, rice hull ash, zirconium fume, ultra -fine fly ash, and fume from the production of 50 percent ferrosilicon (with SiO2 less than 85 percent). HRPs shall meet the following optional requirement of AASHTO M321: The sulfate expansion at 14 days shall not exceed 0.045 percent HRP shall be from a preapproved source listed on the Department's Approved Products List. The HRP intended for use on the project shall have been tested and accepted prior to its use. Certified Test Reports showing that the HRP meets the specification requirements and supporting this statement with actual test results shall be submitted to the Engineer. The HRP shall be subject to sampling and testing by the Department. Test results that do not meet the physical and chemical requirements may result in the suspension of the use of HRP until the corrections necessary have been taken to ensure that the material conforms to the specifications. 112 May 8, 2014 REVISION OF SECTION 630 RETROREFLECTIVE SIGN SHEETING Section 630 of the Standard Specifications is hereby revised for this project as follows: In subsection 630.02, delete the sixth and seventh paragraphs, including Table 630-1, and replace them with the following: Retroreflective sheeting for all signs requiring an orange background shall be Type VI or Type Fluorescent. Retroreflective sheeting for all signs requiring a yellow background shall be Type Fluorescent. Table 630-1 RETROREFLECTIVE SHEETING TYPES Type VI Sheeting Type IV(Roll-up sin material) Type Fluorescent' Application Work Zone Work Zone Work Zone All Orange Construction X Signs 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 Drums' X X Non -orange Fixed Support X signs with prefix "W., Special Warnings Signs X STOP sign (RI-1) _ YIELD sign (RI-2) WRONG WAY sign (R5-Ia) DO NOT ENTER sign (R5- s 1) EXIT sign (E5-1a) DETOUR sign (M4-9) or (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 X X5 X for 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 RS 24 only. 5 White only. 113 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. 114 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 may be used without testing. Where the source of water is relatively shallow, the intake shall be so enclosed as to exclude silt, mud, grass, and other foreign materials. 115 ce fV16 f0j2r A) +redo LY. La- C �j.� Fier err-o-ji 15. Credit available: $ � 01OW. o 16. Bank Reference: �A- f-ny b � rl� )1 �, 11y'Ynct.Lj Oye -FTG 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? 18. Are you licensed as a General Contractor? `±LS If yes, in what city, county and state? F + . CcL �. I;J S k-0 What class, license and numbers? DI 3 I }gL -pOQ?) 19. Do you anticipate subcontracting Work under this Contract? ! j P ,�-, If yes, what percent of total contract? Is - ZO (1�0 And to whom? L-1 ('1 t: t-(I 20. Are any lawsuits pending against you or your firm at this time? i) () IF yes, DETAIL n 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? i d What Company is your Insurance carrier? M lltLiAAa.1 �iCltr�S rrc r'iC J 'Let' 22. What are your company's bonding limitations? I iyl.�{-z c(Ly.triq_ kert s4j2.pe 4Aa yac cape- , sca SITE PLAN NOTES I. BOULDERS SHALL REMAIN A MINIMUM 2' OFFSET FROM BACK OF CURB. 2. PLANING ALONG NORTH MEE WALL SHALL REMAIN A MINIMUM 3-OFFSET. CUTBACK GEOGRID TO FIT TREE ROOT BALL WHERE NECESSARY. 3. FINAL PLACEMENT OF BOULDERS TO BE APPROVED BY OWNER OR OWNER'S REP. 4. SIZE OF BOULDERS TO BE APPROVED PRIOR TO PLACEMENT. S. UTILITIES SHOWN ARE APPROXIMATE. CONTRACTOR IS RESPONSIBLE TO LOCATE UTILITIES PRIOR TO ANY EXCAVATION. 6. SEE SHEET L4 FOR GENERAL NOTES. /1 VNORTH tl ltl RO' IO BXr Myp limro�d.tl w w..z�.s.mnnnr. GIN of DMGNED Bra DREDxED Br I I ADYTRns2MBRT CITY OF FORT COLLINS, COLORADO FortC011t DM,Rcm5„cTN MULBERRY ST OVER POUDRE RIVER — PHASE 2 Sl ENGINEERING DEPT. — CAPITAL PROJECTS mW/ll 0AB Bl EROSION CONTROL, SITE PLAN, GRADING ° ONICIVNEJ iN ld 311S il0KN00 NOISO21 Ls a 3SVHd — a3AIa 36anod 213no iS A82f3mnw •.. + n�wovinv e o w1a.9M1b oi� � AP OZ 41 A Hiaory -w�" OF 'S310N WUN30 MOd V1133HS 33S '9 'NOLLVAVJM3 ANY Ol MOIMd S3LLIlUr 31V0o1013161SNOd53M SI a=VVINO'J 31"DCOMd" 3MV NMOHS S3W!-, 'S '1N3W30V1d 01 MOIMd aMOMddV 36 Ol SM301f106 d0 3ZI5 'v 'd3M SAINMO NO M3NM0 AS 03AOMddV 3601 SM301H06301N3W3Ylcl WNH 'S 'AMVSUD0 N 3M3HM 11V6100M 13111Id Ol OIMO030 JIOVSlf10 '13SdAO,6 WnWINM V NMY3M TIVHS 11VM 3" HIMON ONOW ONUNYid 'Z '6Mf10 d0 NO" WOMd 135dd0 .Z WIIWINN V NIM M 11VHS SM301H06 'l S31ON aline -sr ❑ aV/a0.29 WMn o am ❑ :�� 1H3Y13 mcv e ■ 'Afi Q3Xf31 S13MUd 'IV,LIdVO — •Zd30 0NIMMION3 OQV2Io'I00 'SNMOO land d0 AJ,IO I rl I I I 4MM li'I.MTI. N.W � �1 •. X#Y .� y_ ` eo] ,••Mx.N: "'� 3�°a: ,' ,{Y�—p � � 'k\ — — — —AVM do IRDIN en3ama9i 3XO1BNIv8 I1B +n.eoxwm `� I� ��' � •1 � Nf/WCOIi MWI NM1ig00L tlU%t 101,17 t5 .�....... o ... dVW ,13JI NVI1 911S No Text SITE PLAN lfa- I �! NOTES 1. BOULDERS SHALL REMMN A MIWMUM R' OFFSET FROM BACK OF CURB. 1. PLANTING ALONG NORTH EASE WAIL SHAH REMNN A MIMMUM 3' OFFSET. ❑JT BACK GEOGRID TO FA TREE ROOT BAIL WHERE NECESSARY. 3. FINM PIACEMENT OF BOULDERS TO BE APPROVED BY OWNER OR OWNERS REP. d. SIM OF BOULDERS TO BE APPROVED PRIOR TO PLACEMENT. 5. UTILITIES SHOWN ARE APPROXIMATE. CONTRACTOR IS RESPONSIBLE TO LOCATE UUUTIES PRIOR TO ANY EXCAVATION. 6. SEE SHEET Li FOR GENERAL NOTES. NORTH tl TIP Zc R 4ebeb n'.. • 1d ,OKRTSE T CITY OF FORT COLLINS, COLORADO FortColll G,�.iCg1$1R1 MULBERRY ST OVER POUDRE RIVER -PHASE 2 S4 ENGINEERING DEPT. - CAPITAL PROJECTS /"` _._.mm 5 A" ° o Poene ❑ AS -MILT EROSION CONTROL, SITE PLAN, GRADING LANDSCAPE PLAN A m ---------- KTA.NIN6 WALI 4� GBH 14) BOUND MULBERRY MEET ciao (SH 14) — — --- — — — — — — — — -- — — — — — — — — -- KEY MAP LEGEND letrtreNNwa L? pr-",% ml NORTH v la w W F CITY OF FORT COLLINS, COLORADO CoWns ------- - MULBERRY ST OVER POUDRE RIVER - PHASE 2 Ll X, --a� ENGINEERING DEPT. - CAPITAL PROJECTS ❑ A�WILT LANDSCAPE PLAN • AG 0=3� 'AS 03NMOO IN Lis Ilr•U15L+Inr wI��L�l��_ ®�IID�' ,,'1�11_� --- _ - -- - .:. 7���1I ,.rae itYQ a �n :�� � .- < 0 2._-•a'Y' a: s oe s " obi ��� r'T a II g'�. �� /_ I.• .YAw�t. i'•�a. � /. y.�Yi'(0000 i�� a +�® -�! �� �a s i♦- Y e peu, MRo>o T"B 1>�i� �e al ev ee ♦ ��p> \ ��e. 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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. 1±% Dated at this I_ day of Ap k j L: 20is Company: Keay'{ Ll4r R LLL By: 6v Printed. GL K.cL_t— Title: State of I�L2� Lied U County of I la . It— It .%}'l+?_- - 1 L L ' )�t kb being duly sworn deposes and says that he (Name) (Organization) and that the answers to the foregoing questions and all statements therein contained are true and correct. a. Subscribed and sworn to before me this 1/ day of , 20& Notary Public My commission expires: rri (Seal) ERN L.MASSEY NOTARY PUBLIC STATE Of COLORADO NOTARY ID 1 2001000555 MYCOMMIS64ON EXPIRES DECEMBER 05. 2017 Nom OVt=x " rZ SWfH WdICOK ICd.brn. m. ►�\ Surtum-r xmrx swsnrc•"" xorrx TrR BRulRrror v R —BmfArwmr �rwrntlrotxEaPrro r r 3tiwy }' � CRRPNMx.SI E IpolbNub cM61 '{Wm XpE9 rTO.C. 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COLLI NS, CO 970-668-7633 REFERENCES JILL WUERTZ CITY OF FT COLLINS 20 YRS iwuertz@fcaov.com 215 N MASON ST FT COLLINS. CO 970-219-1573 Lemay 8 Horsetoolh restoration project City of Ft Collins, CO $150,000.00 GENERAL CONTRACTOR PAUL BASS TOWN OF TIMNATH ebass@tstinc.com 4800 Goodman St Timnath, CO Town of Timanth median construction at Harmony GENERAL CONTRACTOR CRAIG KISLING CITY OF FT COLLINS Landscape Architect ckislingPlicgov.com 215 N MASON ST. FT COLLINS, CO SMALL LANDSCAPING & IRRIGATION CONTRACT. CONSTRUCTION OF COMMUNITY GARDEN IRRIGATION: AGGIE GREEN FRISBEE GOLF COURSE 2 YRS 970-631-2324 $215,000.00 20 YRS 970-222-5933 $ 50,000 $ 45,000 $ 60,000 - 4"4 .; wa trot �� 2 } • ,;• ', f - f �Y - •• _ _ • 5 r{�/ •' J.' mot► . -.. _:'-w.. .,wince.. • • • � ';r: - - .. CONTENTS 1.0 Introduction 1 1.1 Title 1 1.2 Purpose of Manual 1 1.3 Applicability 1 1.4 Definitions 2 2.0 Fugitive Dust and the Problems it Causes 5 2.1 What is Fugitive Dust, Generally? 5 2.2 Why is the City Addressing Fugitive Dust? 5 2.3 Health and Environmental Effects 6 2.4 Nuisance and Aesthetics 6 2.5 Safety Hazard and Visibility 6 3.0 Best Management Practices 7 3.1 Earthmoving Activities 8 3.2 Demolition and Renovation 10 3.3 Stockpiles 12 3.4 Street Sweeping 14 3.5 Track-out/Carry-out 15 3.6 Bulk Materials Transport 16 3.7 Unpaved Roads and Haul Roads 18 3.8 Parking lots 20 3.9 Open Areas and Vacant Lots 22 3.10 Saw Cutting and Grinding 24 3.11 Abrasive Blasting 26 3.12 Mechanical Blowing 28 4.0 Dust Control Plan for Land Development Greater Than Five Acres 30 5.0 Resources 34 5.1 Cross Reference to Codes, Standards, Regulations, and Policies 34 5.2 City of Fort Collins Manuals and Policies 37 5.3 References for Dust Control 37 Page 1.0 Introduction 1.1 Title The contents of this document shall be known as the Dust Prevention and Control Manual ("the Manual"). 1.2 Purpose of Manual The purpose of the Manual is to establish minimum requirements consistent with nationally recognized best management practices for controlling fugitive dust emissions and to describe applicable best management practices to prevent, minimize, and mitigate off -property transport or off -vehicle transport of fugitive dust emissions for specific dust generating activities and sources. 1.3 Applicability This Manual applies to any person who conducts, or is an owner or operator of, a dust generating activity or source, as described in this Manual, within the City of Fort Collins. Page 1 1.4 Definitions Abrasive blasting shall mean a process to smooth rough surfaces; roughen smooth surfaces; and remove paint, dirt, grease, and other coatings from surfaces. Abrasive blasting media may consist of sand; glass, plastic or metal beads; aluminum oxide; corn cobs; or other materials. Additional best management practice shall mean using at least one additional measure if the required best management practices are ineffective at preventing off -property transport of particulate matter. Additional requirements shall mean when applicable, any measure that is required, e.g., a dust control plan when project sites are over 5 acres in size. Best management practice shall mean any action or process that is used to prevent or mitigate the emission of fugitive dust into the air. Bulk materials transport shall mean the carrying, moving, or conveying of loose materials including, but not limited to, earth, rock, silt, sediment, sand, gravel, soil, fill, aggregate, dirt, mud, construction or demolition debris, and other organic or inorganic material containing particulate matter onto a public road or right-of-way in an unenclosed trailer, truck bed, bin, or other container. Chemical stabilization shall mean the application of chemicals used to bind soil particles or increase soil moisture content, including, but not limited to, dust suppressants, palliatives, tackifiers, surfactants, and soil stabilizers. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant - based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. Code shall mean the Fort Collins City Code, as amended from time to time. Dust control measure shall mean any action or process that is used to prevent or mitigate the emission of fugitive dust into the air, including but not limited to the best management practices identified in this Manual. Dustgenerating activity orsource shall mean a process, operation, action, or land use that creates emissions of fugitive dust or causes off -property or off -vehicle transport. Dust generating activity or source shall include a paved parking lot containing an area of more than one half (1/2) acre. Earthmoving shall mean any process that involves land clearing, disturbing soil surfaces, or moving, loading, or handling of earth, dirt, soil, sand, aggregate, or similar materials. Fugitive dust shall mean solid particulate matter emitted into the air by mechanical processes or natural forces but is not emitted through a stack, chimney, or vent Page 2 Local wind speed shall mean the current or forecasted wind speed for the Fort Collins area as measured at the surface weather observation station KFNL located at the Fort Collins Loveland Municipal Airport or at Colorado State University's Fort Collins or Christman Field weather stations or as measured onsite with a portable or hand-held anemometer. The City will use anemometers whenever practicable. Maximum speed limit shall mean the speed limit on public rights -of -way adopted by the City pursuant to Fort Collins Traffic Code adopted pursuant to City Code Section 28-16 For private roadways, a speed limit shall be established as appropriate to minimize off -site transportation Of. Mechanical blower shall mean any portable machine powered with an internal combustion or electric -powered engine used to blow leaves, clippings, dirt or other debris off sidewalks, driveways, lawns, medians, and other surfaces including, but not limited to, hand-held, back- pack and walk -behind units, as well as blower - vacuum units. Off -property transport shall mean the visible emission of fugitive dust beyond the property line of the property on which the emission originates or the project boundary when the emission originates in the public right-of-way or on public property. Off -vehicle transport shall mean the visible emission of fugitive dust from a vehicle that is transporting dust generating materials on a public road or right-of-way. On -tool local exhaust ventilation shall mean a vacuum dust collection system attached to a construction tool that includes a dust collector (hood or shroud), tubing, vacuum, and a high efficiency particulate air (HEPA) filter. On -tool wet dust suppression shall mean the operation of nozzles or sprayers attached to a construction tool that continuously apply water or other liquid to the grinding or cutting area by a pressurized container or other water source. Open area shall mean any area of undeveloped land greater than one-half acre that contains less than 70 percent vegetation. This includes undeveloped lots, vacant or idle lots, natural areas, parks, or other non-agricultural areas. Recreational and multi -use trails maintained by the City are not included as an open area. Operator or owner shall mean any person who has control over a dust generating source either by operating, supervising, controlling, or maintaining ownership of the activity or source including, but not limited to, a contractor, lessee, or other responsible party of an activity, operation, or land use that is a dust generating activity or source. Particulate matter shall mean any material that is emitted into the air as finely divided solid or liquid particles, other than uncombined water, and includes dust, smoke, soot, fumes, aerosols and mists. Required best management practices shall mean specific measures that are required to be implemented if a dust generating activity is occurring. Sensitive area shall mean a specific area that warrants special protection from adverse impacts due to the deposition of fugitive dust, such as natural areas (excluding buffer zones), sources of water supply, wetlands, critical wildlife habitat, or wild and scenic river corridors. Soil retention shall mean the stabilization of disturbed surface areas that will remain exposed and inactive for 30 days or more or while vegetation is being established using mulch, compost, soil mats, or other methods. Page 3 Stockpile shall mean any accumulation of bulk materials that contain particulate matter being stored for future use or disposal. This includes backf ill materials and storage piles for soil, sand, dirt, mulch, aggregate, straw, chaff, or other materials that produce dust. Storm drainage facility shall mean those improvements designed, constructed or used to convey or control stormwater runoff and to remove pollutants from stormwater runoff after precipitation. Surface roughening shall mean to modify the soil surface to resist wind action and reduce dust emissions from wind erosion by creating grooves, depressions, ridges or furrows perpendicular to the predominant wind direction using tilling, ripping, discing, or other method. Synthetic or natural cover shall mean the installation of a temporary cover material on top of disturbed soil surfaces or stockpiles, such as tarps, plastic sheeting, netting, mulch, wood chips, gravel or other materials capable of preventing wind erosion. Track -out shall mean the carrying of mud, dirt, soil, or debris on vehicle wheels, sides, or undercarriages from a private, commercial, or industrial site onto a public road or right-of- way. Vegetation shall mean the planting or seeding of appropriate grasses, plants, bushes, or trees to hold soil or to create a wind break. All seeded areas must be mulched, and the mulch should be adequately crimped and or tackified. If hydro -seeding is conducted, mulching must be conducted as a separate, second operation. All planted areas must be mulched within twenty- four (24) hours after planting. Wet suppression shall mean the application of water by spraying, sprinkling, or misting to maintain optimal moisture content or to form a crust in dust generating materials and applied at a rate that prevents runoff from entering any public right-of-way, storm drainage facility or watercourse. Wind barrier shall mean an obstruction at least five feet high erected to assist in preventing the blowing of fugitive dust, comprised of a solid board fence, chain link and fabric fence, vertical wooden slats, hay bales, earth berm, bushes, trees, or other materials installed perpendicular to the predominant wind direction or upwind of an adjacent residential, commercial, industrial, or sensitive area that would be negatively impacted by fugitive dust. Page 4 2.0 Fugitive Dust and the Problems it Causes 2.1 What is Fugitive Dust, Generally? Dust, also known as particulate matter, is made up of solid particles in the air that consist primarily of dirt and soil but can also contain ash, soot, salts, pollen, heavy metals, asbestos, pesticides, and other materials. "Fugitive" dust means particulate matter that has become airborne by wind or human activities and has not been emitted from a stack, chimney, or vent. The Colorado Department of Public Health and Environment (CDPHE) estimates that more than 4,300 tons of particulate matter are emitted into the air in Larimer County annually. The primary sources of this particulate matter include construction activities, paved and unpaved roads, and agricultural operations. The quantity of dust emitted from a particular activity or area and the materials in it can depend on the soil type (sand, clay, silt), moisture content (dry or damp), local wind speed, and the current or past uses of the site (industrial, farming, construction). 2.2 Why is the City Addressing Fugitive Dust? Colorado state air regulations and Larimer County air quality standards generally require owners and operators of dust generating activities or sources to use all available and practical methods that are technologically feasible and economically reasonable in order to prevent fugitive dust emissions. However, state regulations and permitting requirements typically apply to larger stationary sources rather than to activities that generate dust. Larimer County fugitive dust standards apply only to land development. Although state and county requirements apply to many construction activities, they do not address many sources of dust emissions. Fort Collins is experiencing rapid growth and development that has contributed to local man-made dust emissions. Page 5 2.3 Health and Environmental Effects Dust particles are very small and can be easily inhaled. They can enter the respiratory system and increase susceptibility to respiratory infections, and aggravate cardio-pulmonary disease. Even short-term exposure to dust can cause wheezing, asthma attacks and allergic reactions, and may cause increases in hospital admissions and emergency department visits for heart and lung related diseases. Fugitive dust emissions can cause significant environmental impacts as well as health effects. When dust from wind erosion or human activity deposits out of the air, it may impact vegetation, adversely affect nearby soils and waterways, and cause damage to cultural resources. Wind erosion can result in the loss of valuable top soil, reduce crop yields, and stunt plant growth. According to the Environmental Protection Agency (EPA), studies have linked particulate matter exposure to health problems and environmental impacts such as: •Health Impacts: o Irritation of the airways, coughing, and difficulty breathing o Reduced lung function and lung cancer o Aggravated asthma and chronic bronchitis o Irregular heartbeat and increases in heart attacks • Environmental Impacts: o Haze and reduced visibility o Reduced levels of nutrients in soil 2.4 Nuisance and Aesthetics Dust, dirt and debris that become airborne eventually settle back down to the surface. How far it travels and where it gets deposited depends on the size and type of the particles as well as wind speed and direction. When this material settles, it can be deposited on homes, cars, lawns, pools and ponds, and other property. The small particles can get trapped in machinery and electronics causing abrasion, corrosion, and malfunctions. The deposited dust can damage painted surfaces, clog filtration systems, stain materials and cause other expensive clean-up projects. 2.5 Safety Hazard and Visibility Blowing dust can be a safety hazard at construction sites and on roads and highways. Dust can obstruct visibility and can cause accidents between vehicles and bikes, pedestrians, or site workers. Dust plumes can also decrease visibility across a natural area or scenic vistas. The "brown cloud", often visible along the Front Range during the winter months, and the brilliant red sunsets that occur are often caused by particulate matter and other pollutants in the air. Page 6 3.0 Best Management Practices This Manual describes established best management practices for controlling dust emissions that are practical and used in common practice to prevent or mitigate impacts to air quality from dust generating activities and sources occurring within Fort Collins. The objective of the dust control measures included in this Manual are to reduce dust emissions from human activities and to prevent those emissions from impacting others and are based on the following principles: Prevent— avoid creating dust emissions through good project planning and modifying or replacing dust generating activities. Minimize— reduce dust emissions with methods that capture, collect, or contain emissions. Mitigate —when preventing fugitive dust or minimizing the impacts are not feasible, the Manual provides specific measures to mitigate dust. More specifically, the Manual establishes the following procedures for each dust generating activity outlined in this Chapter: 1. Required Best Management Practices —this section includes the specific measures that are required to be implemented if the dust generating activity is occurring. For example, high wind restrictions (temporarily halting work when wind speeds exceed 30 mph) are required best management practices for earthmoving, demolition/renovation, saw cutting or grind, abrasive blasting, and leaf blowing. 2. Additional Best Management Practices — this section includes additional measures if the required best management practices are ineffective at preventing off -property transport of particulate matter. At least one of the additional best management practices outlined in the Manual must be implemented on the site to be in compliance with the Manual. 3. Additional Requirements — When applicable, additional measures are also required, e.g., a dust control plan when project sites are over 5 acres in size. Page 7 3.1 Earthmoving Activities Above: This figure illustrates earthmoving, which is an activity that can generate dust. Dust emissions from earthmoving activities depend on the type and extent of activity being conducted, the amount of exposed surface area, wind conditions, and soil type and moisture content, including: • Site preparation (clearing, grubbing, scraping) • Road construction • Grading and overlot grading • Excavating, trenching, backfilling and compacting • Loading and unloading dirt, soil, gravel, or other earth materials • Dumping of dirt, soil, gravel, or other earth materials into trucks, piles, or receptacles • Screening of dirt, soil, gravel, or other earth materials Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who conducts earthmoving that is a dust generating activity or source shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Minimize disturbed area: plan the project or activity so that the minimum amount of disturbed soil or surface area is exposed to wind or vehicle traffic at any one time. (ii) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate to mitigate off -property transport of dust entrained by vehicles. (iii) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. (iv) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport. (v) Restrict access: restrict access to the work area to only authorized vehicles and personnel. Page 8 SECTION 00020 INVITATION TO BID E Agi" KOFRBY LaNlvscaPe Lac FT. CaLLINS. GO 970-568-7633 STEVE LUKOWSKI Interim Manager of Parks stukowskiPfcRov.com CITY MOWING CONTRACT MIKE BRUNKHARDT Interim Supervisor mbrunkhardt@fcgov.com VARIOUS CONTRACTS DOUG GROVES Crew Chief dF,royes@fcF,OV,COm ROAD SIDE MOWING CONTRACT JASON STUTZMAN Civil Engineer istutzmanpfcRov.com VARIOUS LANDSCAPE CONTRACTS CITY OF FT COLLINS 15 YRS 215 N. MASON ST FTCOLUNIS, CO 970-221-2063 ON GOING MOWING CONTRACT $ 175,000 YEARLY CITY OF FT COLLINS 15 YRS 215 N MASON ST. FT COLLINS, CO 970-416-2349 $170,000 CITY OF FT COLLINS 15 YRS 215 N. MASON ST. FT COLLINS, CO 970-222-0596 $ 75, 000 CITY OF FT COLLINS 15 YRS 413 S. BRYAN AVE FT COLLINS, CO 970-224-6003 $75,000 (b) Additional Best Management Practices: In the event 3.1(a)(i)-(v) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to disturbed soil surfaces, backfill materials, screenings, and other dust generating operations as necessary and appropriate considering current weather conditions, and prevent water used for dust control from entering any public right-of-way, stormwater drainage facility, or watercourse. (ii) Wind barrier: construct a fence or other type of wind barrier to prevent wind erosion of top soils. (iii) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (iv) Surface roughening: stabilize an active construction area during periods of inactivity or when vegetation cannot be immediately established. (v) Synthetic or natural cover: install cover materials during periods of inactivity and properly anchor the cover. (vi) Soil retention: stabilize disturbed or exposed soil surface areas that will be inactive for more than 30 days or while vegetation is being established. (vii) Chemical stabilization: apply chemical stabilizers using manufacturer's recommended application rates. Avoid over -application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant -based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (c) Additional requirements: Any person, owner, or operator who conducts earthmoving that is a dust generating activity or source at a construction site or land development project with a total disturbed surface area equal to or greater than five (5) acres also shall implement the following measures: (i) Dust Control Plan: submit a plan that describes all potential sources of fugitive dust and methods that will be employed to control dust emissions with the development construction permit application or development review application (see Chapter 4 of this Manual). A copy of the Dust Control Plan must be onsite at all times and one copy must be provided to all contractors and operators engaged in dust generating activities at the site. (ii) Construction sequencing: include sequencing or phasing in the project plan to minimize the amount of disturbed area at any one time. Sites with greater than 25 acres of disturbed surface exposed at any one time may be asked to provide additional justification, revise the sequencing plan, or include additional best management practices. Page 9 3.2 Demolition and Renovation Above: This photo illustrates restricting access (a mandatory measure) and a wind barrier (an engineering control) for demolition and renovation activities. Dust generated from demolition activities may contain significant levels of silica, lead, asbestos, and particulate matter. Inhalation of silica and asbestos is known to cause lung cancer, and exposure to even small quantities of lead dust can result in harm to children and the unborn. In addition to complying with the dust control measures below, any person engaged in demolition or renovation projects must comply with applicable state and federal regulations for asbestos and lead containing materials and notification and inspection requirements under the State of Colorado Air Quality Control Commission's Regulation No. 8, Part B Control of Hazardous Air pollutants. Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who conducts demolition or renovation that is a dust generating activity or source shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Asbestos and lead containing materials: demolition and renovation activities that involve asbestos or lead containing materials must be conducted in accordance with Code Chapter 5 Sec. 5-27 (59) §3602.1.1; (ii) Restrict access: restrict access to the demolition area to only authorized vehicles and personnel; (iii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport; and (iv) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. Page 10 (b) Additional Best Management Practices: In the event 3.2(a)(i)-(iv) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to demolished materials or pre -wet materials to be demolished as necessary. Prevent water used for dust control from entering any public right-of- way, storm drainage facility, or watercourse. (ii) Chemical stabilization: apply chemical stabilizers to demolished materials or materials to be demolished using manufacturer's recommended application rates. Avoid over -application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant -based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (iii) Wind barrier: construct a fence or other type of wind barrier to prevent onsite dust generating materials from blowing offsite. (c) Additional requirements: (i) Building permit compliance: comply with all conditions and requirements under any building required pursuant to the Code and/or the Land Use Code. Above: This photo illustrates reducing drop height, a required best management practice. Page 11 3.3 Stockpiles Above: This photo illustrates wet suppression, an additional best management procticefor stockpiles. Stockpiles are used for both temporary and long-term storage of soil, fill dirt, sand, aggregate, woodchips, mulch, asphalt and other industrial feedstock, construction and landscaping materials. Fugitive dust can be emitted from stockpiles while working the active face of the pile or when wind blows across the pile. The quantity of emissions depends on pile height and exposure to wind, moisture content and particle size of the pile material, surface roughness of the pile, and frequency of pile disturbance. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of a stockpile that is a dust generating activity or source shall implement the following best management practices to prevent off property transport of fugitive dust emissions: (i) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. (b) Additional Best Management Practices: In the event 3.3(a)(i) is ineffective to prevent off -property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: Apply water to the active face when working the pile or to the entire pile during periods of inactivity. Prevent water used for dust control from entering any public right- of-way, storm drainage facility, or watercourse. (ii) Synthetic or natural cover: install cover materials during periods of inactivity and anchor the cover. Page 12 (iii) Surface roughening: stabilize a stockpile during periods of inactivity or when vegetation cannot be immediately established. (iv) Stockpile location: locate stockpile at a distance equal to ten times the pile height from property boundaries that abut residential areas. (v) Vegetation: seed and mulch any stockpile that will remain inactive for 30 days or more. (vi) Chemical stabilization: apply chemical stabilizers using manufacturer's recommended application rates. Avoid over -application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant -based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (vii) Enclosure: construct a three -sided structure equal to or greater than the height of the pile to shelter the pile from the predominant winds. (c) Additional requirements: (i) Stockpile permit compliance: comply with all conditions and requirements under any stockpile permit required under the Code or the Land Use Code. (ii) Erosion control plan compliance: implement and comply with all conditions and requirements in Section §26-500 "Fort Collins Storm Criteria"; specifically, Volume 3 Chapter 7 "Construction BMPs". The criteria requirement may require the use of Erosion Control Materials, soil stockpile height limit of ten feet, watering, surface roughening, vegetation, silt fence and other control measures as contained in that chapter. Left: This picture illustrates one of the additional best management practices for stockpiles — to use a synthetic cover. Page 13 3.4 Street Sweeping Left: This figure illustrates the use of a wet suppression and vacuum system, an additional best management practice for street sweeping. Street sweeping is an effective method for removing dirt and debris from streets and preventing it from entering storm drains or becoming airborne. Regenerative air sweepers and mechanical sweepers with water spray can also be effective at removing particulate matter from hard surfaces. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator that conducts sweeping operations or services on paved or concrete roads, parking lots, rights -of -way, pedestrian ways, plazas or other solid - surfaces, and whose operations are a dust generating activity or source shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Uncontrolled sweeping prohibited: the use of rotary brushes, power brooms, or other mechanical sweeping for the removal of dust, dirt, mud, or other debris from a paved public road, right-of-way, or parking lot without the use of water, vacuum system with filtration, or other equivalent dust control method is prohibited. Mechanical or manual sweeping that occurs between lifts of asphalt paving operations or due to preparation for pavement makings is excluded from this prohibition, due to engineering requirements associated with these operations. (b) Additional Best Management Practices: In the event 3.4(a)(i) is ineffective to prevent off -property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: use a light spray of water or wetting agent applied directly to work area or use equipment with water spray system while operating sweeper or power broom. Prevent water used for dust control from entering any storm drainage facility or watercourse. (ii) Vacuum system: use sweeper or power broom equipped with a vacuum collection and filtration system. (iii) Other method: use any other method to control dust emissions that has a demonstrated particulate matter control efficiency of 80 percent or more. Page 14 3.5 Track -out / Carry -out Above: This figure illustrates an installed grate (left) and a gravel bed (right), both of which are additional best management practices associated with track-out/carry-out. Mud, dirt, and other debris can be carried from a site on equipment's wheels or undercarriage onto public roads. When this material dries, it can become airborne by wind activity or when other vehicles travel on it. This is a health concern and can cause visibility issues and safety hazards. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of any operation that has the potential to result in track -out of dirt, dust, or debris on public roads and rights -of -way and whose operation is a dust generating activity or source shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Contracts and standards: comply with track -out prevention requirements and construction best management practices as set forth in the Code, City regulations, or policies and as specified in applicable contract documents or Fort Collins Stormwater Criteria Manual. (ii) Remove deposition: promptly remove any deposition that occurs on public roads or rights - of -way as a result of the owner's or operator's operations. Avoid over -watering and prevent runoff into any storm drainage facility or watercourse. (b) Additional Best Management Practices: In the event 3.5(a)(i)-(ii) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Install rails, pipes, grate, or similar track -out control device. (ii) Install a gravel bed track -out apron that extends at least 50 feet from the intersection with a public road or right-of-way. (iii) Install gravel bed track -out apron with steel cattle guard or concrete wash rack. (iv) Install and utilize on -site vehicle and equipment washing station. (v) Install a paved surface that extends at least 100 feet from the intersection with a public road or right-of-way. (vi) Manually remove mud, dirt, and debris from equipment and vehicle wheels, tires and undercarriage. Page 15 3.6 Bulk Materials Transport Above: This figure illustrates covered loads, a required best management practice for bulk materials transport. Haul trucks are used to move bulk materials, such as dirt, rock, demolition debris, or mulch to and from construction sites, material suppliers and storage yards. Dust emissions from haul trucks, if uncontrolled, can be a safety hazard by impairing visibility or by depositing debris on roads, pedestrians, bicyclists, or other vehicles. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of a dust generating activity or source for which vehicles used for transporting bulk materials to and from a site within the City on a public or private road or on a public right-of-way shall prevent off -vehicle transport of fugitive dust emissions. To prevent off -vehicle transport of fugitive dust to and from the site, the owner or operator shall implement the following measures : (i) Cover Loads: Loads shall be completely covered or all material enclosed in a manner that prevents the material from blowing, dropping, sifting, leaking, or otherwise escaping from the vehicle. This includes the covering of hot asphalt and asphalt patching material with a tarp or other impermeable material. (ii) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. Page 16 (b) Additional Best Management Practices: In the event 3.6(a)(i)-(ii) are ineffective to prevent off - vehicle transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to bulk materials loaded for transport as necessary to prevent fugitive dust emissions and deposition of materials on roadways. Prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (ii) Chemical stabilization: apply chemical stabilizers using manufacturer's recommended application rates. Avoid over -application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant -based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (iii) Other technology: use other equivalent technology that effectively eliminates off -vehicle transport, such as limiting the load size to provide at least three inches of freeboard to prevent spillage. Above: This figure illustrates minimizing drop heights, a required best management practice for bulk materials transport. Page 17 3.7 Unpaved Roads and Haul Roads Above: This figure illustrates surface improvements on an unpaved road, an additional best management practice. Road dust from unpaved roads is caused by particles lifted by and dropped from rolling wheels traveling on the road surface and from wind blowing across the road surface. Road dust can aggravate heart and lung conditions as well as cause safety issues such as decreased driver visibility and other safety hazards. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of an unpaved road located on a construction site greater than five acres on private property or an unpaved road used as a public right- of-way shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate that prevents off -property transport of dust entrained by vehicles. (ii) Restrict access: restrict travel on unpaved roads by limiting access to only authorized vehicle use. (b) Additional Best Management Practices: In the event 3.7(a)(i)-(ii) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to unpaved road surface as necessary and appropriate considering current weather conditions, and prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (ii) Surface improvements: install gravel or similar materials with sufficient depth to reduce dust or pave high traffic areas. Page 18 Ag" KC31FKMVr LANIaSCtfPE LLC FT_ CO 970-568-7633 Roman Ramirez Max Bus Transportation 2 YRS Supervisor rramireztabfcgov.com 4915 Fossil Blvd Ft Collins, CO 970-221.6620 VARIOUS LANDSCAPE CONTRACTS Whisper Creek Park City of Arvada 2015 Nu Style Mike Molian 303-781-7766 Sod work for new park $200,000 Leyden Rock Park City of Arvada 2014 Nu Style Mike Molian 303-781-7766 Sod work for new park $200.000 City of Casper School District 2013 Scenic Landscape Adam 307-660-7242 New School Construction Jane St $150,000 City of Gillette School District 2012 Scenic Landscape Adam 307-660-7242 New School Construction $100,00 (iii) Chemical stabilization: apply chemical stabilizers appropriate for high traffic areas using manufacturer's recommended application rates. Avoid over -application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant -based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (iv) Access road location: locate site access roads away from residential or other populated areas. Above: This figure illustrates wet suppression, an additional best management practice for unpaved and haul roads. Page 19 3.8 Parking Lots Above: This figure illustrates an unpaved parking lot in Fort Collins. This section applies to paved and unpaved areas where vehicles are parked or stored on a routine basis and includes parking areas for shopping, recreation, or events; automobile or vehicle storage yards; and animal staging areas. Best Management Practices to Control Dust- Unpaved Parking Lots (a) Required Best Management Practices: Any owners or operator of an unpaved parking lot greater than one-half acre shall use at least one of the following best management practices to prevent off - property transport of fugitive dust emissions (i) Surface improvements: install gravel or similar materials with sufficient depth to reduce dust or pave high traffic areas. (ii) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (iii) Wet suppression: apply water as necessary and appropriate considering current weather conditions to prevent off -property transport of fugitive dust emissions. Prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (iv) Chemical stabilization: apply chemical stabilizers appropriate for high traffic areas using manufacturer's recommended application rates. Avoid over -application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant -based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. (v) Wind barrier: construct a fence or other type of wind barrier. Page 20 (vi) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate that prevents off -property transport of dust entrained by vehicles. (vii) Restrict access: restrict travel in parking lots to only those vehicles with essential duties and limit access to hours of operation or specific events. Best Management Practices to Control Dust- Paved Parking Lots (a) Required Best Management Practices: An owner or operator of a paved parking lot greater than one-half acre and shall use at least one of the following best management practices to prevent off - property transport of fugitive dust emissions. (i) Maintenance: repair potholes and cracks and maintain surface improvements. (ii) Mechanical sweeping: Sweep lot with a vacuum sweeper and light water spray as necessary to remove dirt and debris. Avoid overwatering and prevent runoff from entering any public right-of-way, storm drainage facility, or watercourse. (iii) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate that prevents off -property transport of dust entrained by vehicles. (iv) Restrict access: restrict travel in parking lots to only those vehicles with essential duties and limit access to hours of operation or specific events. Above: This photo represents improving the surface of a parking area, which is one measure to comply with the Manual. Page 21 3.9 Open Areas and Vacant Lots Above: These photos illustrate open areas in Fort Collins, which have the potential to generate dust. Open areas are typically not a significant source of wind-blown dust emissions if the coverage of vegetation is sufficient or soil crusts are intact. However, if soils in open areas are disturbed by vehicle traffic, off -highway vehicle use, bicycling or grazing, or if they have become overpopulated by prairie dogs, dust emissions can become a problem. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of an open area greater than one-half acre shall use at least one of the following best management practices to stabilize disturbed or exposed soil surface areas that are intended to or remain exposed for 30 days or more and to prevent off - property transport of fugitive dust emissions: (i) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (ii) Synthetic or natural cover: install cover materials over exposed areas during periods of inactivity and properly anchor the cover. (iii) Surface roughening: stabilize an exposed area during periods of inactivity or when vegetation cannot be immediately established. (iv) Soil retention: stabilize disturbed or exposed soil surface areas that will be inactive for more than 30 days or while vegetation is being established, using mulch, compost, soil mats, or other methods. (v) Wet suppression: apply water to disturbed soil surfaces as necessary and appropriate considering current weather to prevent off -property transport of fugitive dust emissions. Prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (vi) Wind barrier: construct a fence or other type of wind barrier to prevent wind erosion of top soils. Page 22 (vii) Chemical stabilization: apply chemical stabilizers using manufacturer's recommended application rates. Avoid over -application and prevent runoff of chemical stabilizers into any public right-of-way, storm drainage facility, or watercourse. Asphalt -based products or any product containing cationic polyacrylamide or products deemed environmentally incompatible with Code §26-498, or defined as a pollutant per Code §26-491, or explicitly prohibited by the U.S. Environmental Protection Agency or the state of Colorado may not be used for chemical stabilization. Water soluble plant -based oils or gums, clay additives, or other synthetic polymer emulsion that are non -toxic, non-combustible, and harmless to fish, wildlife, plants, pets, and humans may be used for chemical stabilization. Above: This photo represents adding vegetation by hydroseeding, which is one measure to comply with the Manual. Page 23 3.10 Saw Cutting and Grinding Above: This photo illustrates concrete cutting and how the activity can generate dust. Cutting and grinding of asphalt, concrete and other masonry materials can be a significant short-term source of fugitive dust that may expose workers and the public to crystalline silica. Inhalation of silica can cause lung disease known as silicosis and has been linked to other diseases such as tuberculosis and lung cancer. Using additional best management practices during cutting and grinding operations can significantly reduce dust emissions. Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator that cuts or grinds asphalt, concrete, brick, tile, stone, or other masonry materials and whose operations are a dust generating activity or source shall use the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Restrict access: prevent the public from entering the area where dust emissions occur (ii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport. (iii) Equipment and work area clean up: use wet wiping, wet sweeping, or vacuuming with HEPA filtration for equipment and work area clean up and do not cause dust to become airborne during clean up. (iv) Slurry clean up: prevent water used for dust control or clean up from entering any public right-of-way, storm drainage facility, or watercourse by using containment, vacuuming, absorption, or other method to remove the slurry, and dispose of slurry and containment materials properly. Follow additional procedures prescribed in the City's Fort Collins Stormwater Criteria Manual or contract documents and specifications. Page 24 (b) Additional Best Management Practices: In the event 3.10(a)(i)-(iv) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) On -tool local exhaust ventilation: use a tool -mounted dust capture and collection system. (ii) On -tool wet suppression: use a tool -mounted water application system. (iii) Vacuuming: use a vacuum equipped with a HEPA filter simultaneously with cutting or grinding operations. (iv) Wet suppression: use a water sprayer or hose simultaneously with cutting or grinding operations. (v) Enclosure: conduct cutting or grinding within an enclosure with a dust collection system or temporary tenting over the work area. Above: These photos illustrate how dust generated from cutting can be minimized by applying on -tool wet suppression, an additional best management practice associated with saw cutting and grinding. Page 25 3.11 Abrasive Blasting Above: This photo illustrates abrasive blasting without dust mitigation in place. Abrasive blasting is used to smooth rough surfaces; roughen smooth surfaces; and remove paint, dirt, grease, and other coatings from surfaces. Abrasive blasting media may consist of sand; glass, plastic or metal beads; aluminum oxide; corn cobs; or other materials. Abrasive blasting typically generates a significant amount of fugitive dust if not controlled. The material removed during abrasive blasting can become airborne and may contain silica, lead, cadmium or other byproducts removed from the surface being blasted.* Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who conducts outdoor abrasive blasting or indoor abrasive blasting with uncontrolled emissions vented to the outside and whose operations are a dust generating activity or source shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Restrict access: prevent the public from entering the area where dust emissions occur. (ii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport. (iii) Equipment and work area clean up: use wet wiping, wet sweeping, or vacuuming with HEPA filtration for equipment and work area clean up and do not cause dust to become airborne during clean up. (iv) Slurry clean up: prevent water used for dust control or clean up from entering any public right-of-way, storm drainage facility, or watercourse by using containment, vacuuming, absorption, or other method to remove the slurry, and dispose of slurry and containment materials properly. (b) Additional Best Management Practices: In the event 3.11(a)(i)-(iv) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Enclosure: conduct abrasive blasting within an enclosure with a dust collection system or temporary tenting over the work area. Page 26 (ii) Wet suppression blasting: use one of several available methods that mix water with the abrasive media or air during blasting operations. (iii) Vacuum blasting: conduct air -based blasting that uses a nozzle attachment with negative air pressure to capture dust. (iv) Abrasive media: select less toxic, lower dust -generating blasting media. " Blasting on surfaces that contain lead paint or wastes from sand blasting that contain hazardous materials maybe subject to additional state and federal requirements. Above: This photo illustrates wet suppression blasting, an additional best management practice. Page 27 3.12 Mechanical Blowing Above: This photo illustrates mechanical blowing without dust mitigation in place. Mechanical blowers are commonly used to move dirt, sand, leaves, grass clippings and other landscaping debris to a central location for easier pick-up and removal. Mechanical blowing with a leaf blower can be a significant source of fugitive dust in some situations and can create nuisance conditions and cause health effects for sensitive individuals. Mechanical blowing can resuspend dust particles that contain allergens, pollens, and molds, as well as pesticides, fecal contaminants, and toxic metals causing allergic reactions, asthma attacks and exacerbating other respiratory illnesses. Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who operates a mechanical leaf blower (gas, electric, or battery -powered) in a manner that is a dust generating activity or source shall use the following best management practices as necessary to prevent off -property transport of fugitive dust emissions (i) Low speed: use the lowest speed appropriate for the task and equipment. (ii) Operation: use the full length of the blow tube and place the nozzle as close to the ground as possible. (iii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport. (b) Additional Best Management Practices: In the event 3.11(a)(i)-(iii) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Alternative method: use an alternative such as a rake, broom, shovel, manually push sweeper or a vacuum machine equipped with a filtration system. (ii) Prevent impact: do not blow dust and debris off -property or in close proximity to people, animals, open windows, air intakes, or onto adjacent property, public right-of-way, storm drainage facility, or watercourse. Page 28 Ag" KORBY LANOSCAOE LLG F'T CO 970-568-7633 City of Gallup, New Mexico Golf Course 2012 Fox Run Golf Course 1109 Susan Ave Gallup, NM 87301 (505-863-9224) Tom 505-710-6255 Sod work for the Golf Course $100,000 Mary Kyer Park City of Cc Springs, CO 2011 Bill Thomas of the Cky of Co Springs, CO 1102 Middle Creek Pkwy COSP, CO 80921 (719-550-1900) Sod work for the City of Cc Springs $250,000 Sinclair Park, Sinclair WY 2010 Randy Quality Landscaping Saratoga, WY (307-329-8063) 300 Lincoln Ave Sinclair, WY 82334 Sod work for the new Park $100,000 Horizon High School Athletic Department 2009 Dan of Valley Crest Landscape Parker, CO 303-841-3003 5321 E. 1361" Ave Thornton, CO 80602 (720-972-4400) 2 Football Fields 2 Baseball Fields 3 Soccer Fields 1.2 Million SOFT Sod and Landscape $750,000 (iii) Minimize use on dirt: minimize the use of mechanical blower on unpaved surfaces, road shoulders, or loose dirt. (iv) Wet suppression: use a light spray of water, as necessary and appropriate considering current weather conditions, to dampen dusty work areas. Prevent water, dirt, and debris from entering any storm drainage facility, or watercourse. (v) Remove debris: remove and properly dispose of blown material immediately. Above: These photos illustrate alternative methods to mechanical blowing that can minimize dust generation. Page 29 4.0 Dust Control Plan for Land Development Greater Than Five Acres A dust control plan is required for all development projects or construction sites with a total disturbed surface area equal to or greater than five (5) acres. If the project is required to obtain a development construction permit, then the dust control plan shall be submitted with the development review application or the development construction permit application. A copy of the dust control plan shall be available onsite at all times for compliance and inspection purposes. For dust control plans associated with a Development Construction Permit (DCP), applications for the DCP are available online at www.fcgov.com/developmentreview/applications.php. The dust control plan may be submitted on the Dust Control Plan Form included in Chapter 4 of this Manual or other equivalent format and shall include the following information: • Project name and location. • Name and contact information of property owner. • Project start and completion dates. • Name and contact information of the developer, general contractor, and each contractor or operator that will be engaged in an earthmoving activity. • Total size of the development project or construction site in acres. • A description of the project phasing or sequencing of the project to minimize the amount of disturbed surface area at any one time during the project. • A list of each dust generating activity or source associated with the project. • A list of each best management practice and engineering control that will be implemented for each dust generating activity or source. • A list of additional best management practices that will be implemented if initial controls are ineffective. • A signed statement from the property owner, developer, general contractor, and each contractor or operator engaged in an earthmoving activity acknowledging receipt of the Dust Control Plan and an understanding of and ability to comply with the best management practices in the plan. Page 30 F �City Of ` Collins DUST CONTROL PLAN PROJECT INFORMATION Project Name Project Location Start and Completion Dates Total Size of Project Site (acres) Maximum disturbed surface area at any one time (acres) Property Owner name, address, phone, e-mail Developer name, address, phone, e-mail General Contractor name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail PROJECT PHASING OR SEQUENCING Provide a description of how this project will be phased or sequenced to minimize the disturbed surface area. Attach phasing plan or map if available. Page 31 DUST CONTROL PLAN CERTIFICATION I certify the information and attachments contained in this Dust Control Plan are true and correct to the best of my knowledge and that I and the project's subcontractors have received a copy of this Dust Control Plan and acknowledge my understanding of and ability to comply with best management practices for controlling fugitive dust emissions. I hereby permit City officials to enter upon the property for the purpose of inspection of any dust generating activity or source for which I am the responsible person, owner, or operator. Name: Title: Role on project: Address: Phone: Signature: Date: List of Subcontractors: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Page 32 Instructions: Place an X in each box indicating all best management practices that will be implemented for each dust generating activity. Please refer to the Dust Prevention and Control Manual for requirements. Dust Generating Activity b /Best Management Practice b > ° -C t± W g° - .O O aE, ,� K " Y U O W v 3 N m v N O O 0 U F w o a 2 C �e 7 ~ m �° �° v 5 N > _ > O U ra O J m �[ `2 v ¢ C N n Q o0 °�° 6 7 C U •i N v O m 01 > Q C 3 o m c J Abrasive media Asbestos or lead materials Building permit Chemical stabilization Construction sequencing Drop height Enclosure Equipment &work area clean up Erosion Control plan High winds restriction Load cover Leaf blowing techniques Location Minimize disturbed area On -tool local exhaust ventilation On -tool wet suppression Other method Reduce vehicle speeds Remove deposition Restrict access Slurry clean up Soil retention Stockpile permit Surface improvements Surface roughening Sweeping Synthetic or natural cover Track -out prevention system Uncontrolled sweeping prohibited Vacuum Vegetation Wet suppression Wind barrier Describe any additional dust generating activities and best management practices that will be used: Page 33 5.0 Resources 5.1 Cross Reference to Codes, Standards, Regulations, and Policies Earthmovins Activities Fort Collins Land Use Code Article 3 General Development Standards §3.2.2 Access, Circulation and Parking. Fort Collins Land Use Code Article 3 General Development Standards §3.4.1(N) Standards for Protection During Construction. Fort Collins Land Use Code Article 3 General Development Standards §3.4.2 Air Quality. Fort Collins City Code, Chapter 5 Buildings and Building Regulations, Section 5-27 (59) §3602.1.1 Building demolitions. Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 23 Public Property §23-16. Permit required; exception in case of emergency. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual, Volume 3, Chapter 7, Section 1.3 Policy, Standards and Submittal Requirements, §1.3.3.e.5. Fort Collins Stormwater Criteria Manual — Fact Sheet SM-1 Construction Phasing/Sequencing and Fact Sheet EC-1 Surface Roughening. Larimer County Land Use Code §8.11.4. Fugitive dust during construction. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.b Construction Activities. OSHA Safety and Health Regulations for Construction 29 CFR Part 1926.55 Gases, vapors, fumes, dusts, and mists. Demolition and Renovation Fort Collins Land Use Code, Division 2.7 Building Permits §2.7.1 Fort Collins City Code, Chapter 5 Buildings and Building Regulations, Section 5-27 (59) §3602.1.1 Building demolitions. Page 34 Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, Regulation Number 8, Part B Control of Hazardous Air Pollutants, 5 CCR 1001-10. Stockpiles Fort Collins Land Use Code, Division 2.6 Stockpiling Permits and Development Construction Permits §2.6.2. Fort Collins land Use Code §2.6.3 (K) Stockpiling Permit and Development Construction Permit Review Procedures. Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual Volume 3, Chapter 7, Section 1.3 Policy, Standards and Submittal Requirements, §1.3.3.e.7. Fort Collins Stormwater Criteria Manual - Fad Sheet MM-2 Stockpile Management. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.c Storage and Handling of Materials. Street Sweeping Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual - Fact Sheet SM-7 Street Sweeping and Vacuuming. Track-out/Carry-out Fort Collins Traffic Code, Part 1407 Spilling loads on highways prohibited. Fort Collins Land Use Code §5.2.1 Definitions Maintenance (of a newly constructed street). Fort Collins City Code: Chapter 20 — Nuisances, Article V - Dirt, Debris and Construction Waste, §Sec. 20-62. Depositing on streets prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual, Volume 3, Chapter 7, Section 1.3 Policy, Standards and Submittal Requirements, §1.3.3.e.8. Page 35 Fort Collins Stormwater Criteria Manual — Fact Sheet SM-4 Vehicle Tracking Control. Fort Collins Stormwater Criteria Manual — Fact Sheet SM-7 Street Sweeping and Vacuuming. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.a.(ii).(B) General Requirements. Bulk Materials Transport Fort Collins Traffic Code, Part 1407 Spilling loads on highways prohibited. Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.f Haul Trucks. Colorado Revised Statutes. 42-4-1407 Spilling loads on highways prohibited. Unpaved Roads and Haul Roads Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.a Roadways and §III.D.2.e Haul Roads. Parking Lots Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Open Areas and Vacant Lots Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Saw Cutting and Grinding Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual — Fact Sheet SM-12 Paving and Grinding Operations. Page 36 Colorado Department of Transportation Standard Specifications for Road and Bridge Construction, Section 208.04 Best Management Practices for Stormwater. Abrasive Blasting Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Mechanical (Leaf) Blowing Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. 5.2 City of Fort Collins Manuals and Policies Fort Collins Stormwater Criteria Manual http://www.fcgov.com/utilities/business/builders-and- developers/development-forms-guidelines-regulations/stormwater-criteria City of Fort Collins Parks and Recreation Environmental Best Management Practices Manual 2011, Chapter Four: Best Management Practices for Construction http://www.fcgov.com/parks/pdf/bmp.pdf City of Fort Collins Building Design and Construction Standards, Oct. 2013 http://www.fcgov.com/opserv/pdf/bu i Id i ng-design-sta ndards2. pdf? 1390850442 City of Fort Collins, Recommended Species and Application Rates of Perennial Native Upland Grass Seed for Fort Collins, Colorado. City of Fort Collins Plant List, April 2011. 5.3 References for Dust Control Leaf Blowing A Report to the California Legislature on the Potential Health and Environmental Impacts of Leaf Blowers, California Environmental Protection Agency — Air Resources Board, Feb. 2000. http://www.arb.ca.gov/msprog/mailouts/msc0005/­msc0005.pdf Abrasive Blasting Sandblasting and Other Air -based Blasting Fact Sheet, Minnesota Pollution Control Agency, Dec. 2011. Protecting Workers from the Hazards of Abrasive Blasting Materials, OSHA Fact Sheet. California Air Resources Board, Abrasive Blasting Program. http://www.arb.ca.gov/ba/certabr/certabr.htm Page 37 Saw Cutting OSHA Fact Sheet on Crystalline Silica Exposure https://www.osha.gov/oshDoc/data General Facts/crystalline-factsheet.pdf State of New Jersey — Dry Cutting and Grinding Fact Sheet http://www.state.n*.us/health/surv/documents/dry cutting.pdf Centers for Disease Control and Prevention - Engineering Controls for Silica in Construction http://www.cdc.gov/niosh/topics/`silica/cutoffsaws.html Shepherd-S; Woskie-S, Controlling Dust from Concrete Saw Cutting. Journal of Occupational and Environmental Hygiene, 2013 Feb; 10(2):64-70. http://www.cdc.gov/niosh/`nioshtic-2/20042808.htmi Akbar-Khanzadeh F, Milz SA, Wagner CD, Bisesi MS, Ames AL, Khuder S, Susi P, Akbar-Khanzadeh M, Effectiveness of dust control methods for crystalline silica and respirable suspended particulate matter exposure during manual concrete surface grinding. Journal of Occupational and Environmental Hygiene, 2010 Dec;7(12):700-11. http://www.ncbi.nim.nih.gov/pubmed/21058155 HSE, On -Tool Controls to Reduce Exposure to Respirable Dusts in the Construction Industry —A Review. Health and Safety Executive, RR926, 2012, Derbyshire, U.K. http://www.hse.gov.uk/research/rrpdf/rr926.pdf Croteau G, Guffey S, Flanagan ME, Seixas N, The Effect of Local Exhaust Ventilation Controls on Dust Exposures During Concrete Cutting and Grinding Activities. American Industrial Hygiene Association Journal, 2002 63:458-467 http://deohs.washington.edu/sites/default/files/images/general/CroteauThesis.pdf Unpaved Roads, Parking Lots, and Open Areas Dust Control from Unpaved Roads and Surfaces, Code 373, USDA-NRCS, April 2010. http://www.nres.usda.gov/Internet/FSE DOCUMENTS/nres143 025946.pdf CPWA, 2005, Dust Control for Unpaved Roads, A Best Practice by the National Guide to Sustainable Municipal Infrastructure, Canadian Public Works Association. Colorado Forest Road Field Handbook, Colorado State Forest, Editor: Richard M. Edwards, CF; CSFS Assistant Staff Forester, July 2011. Fay L., Kociolek A., Road Dust Management and Future Needs: 2008 Conference Proceedings, Western Transportation Institute, March 2009. Chemical Stabilizers Interim Guidelines on Dust Palliative Use in Clark County, Nevada. Nevada Division of Environmental Protection, Feb. 2001. http://ndep.nv.gov/admin/dustpal.pdf Bolander, Peter, ed. 1999. Dust Palliative Selection and Application Guide. Project Report. 9977-1207- SDTDC. San Dimas, CA: U.S. Department of Agriculture, Forest Service, San Dimas Technology and Development Center. http://www.fs.fed.us/eng/pubs/html/99771207/99771207.htmi Page 38 Ag" K4�nBY L.AN &-A—= F'T. CC31L."r4:Sv CrC► 970-568-7633 Lake Minnequa Park and Open Space 2008 Steven Meier Pueblo Parks 800 Goodnight Ave Pueblo, CO 719-553-2790 Sod for the park, Landscaping area and Irrigation $350,000 Mountain Crest Rehabilitation Hospital 2007 4601 Corbett Dr. Ft Collins, CO 80526 Mills Brothers 6121 E. Harmony Rd Ft Collins, CO 970-493-3883 Sod work and Irrigation S150.000 North Creek Farm 2010 Joe of Western States Reclamation 303-356-4208 Sod work for subdivison $180,000 Ray Ross Park City of Lakewood 2011 Jim iimhauslick@lakewood.org Cheryl Ann Dye 303-912-8782 680 Harlan St Lakewood, CO 80026 Canyon Rim Circle 2014 MGT 3300 5t Quivas St Englewood, CO 80110 303-781-2331 Sod work for new subdivision Techniques for Fugitive Dust Control — Chemical Suppressants, City of Albuquerque NM, website last accessed on Oct. 25, 2014. http://www.cabq.gov/airguality/business-programs-permits/ordinances/fugitive-dust/fugitive-dust- control USDA BioPreferred Catalog: Dust Suppressants http://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtmI USGS Columbia Environmental Research Center Project: Environmental Effects of Dust Suppressant Chemicals on Roadside Plant and Animal Communities, http://www.cerc.usgs.gov/Prooects.aspx?Prooectld=77 Street Sweeping U.S. Department of Transportation, Federal Highway Administration, Stormwater Best Management Practices: Street Sweeper Fact Sheet. http://environment.fhwa.dot.gov/ecosystems/ultraurb/3fsl6.asp Agriculture and Livestock Agricultural Air Quality Conservation Measures - Reference Guide for Cropping Systems and General Land Management, USDA-NRCS, Oct. 2012. http://www.nres.usda.gov/Internet/FSE DOCUMENTS/stelprdb1049502.pdf Dust Control from Animal Activity on Open Lot Surfaces, Code 375, USDA-NRCS, Sept. 2010. http://www.nres.usda.pov/Internet/FSE DOCUMENTS/nres143 025821.pdf Residue and Tillage Management, Reduced Till, Code 345, USDA-NRCS, Dec. 2013. http://www.nres.usda.gov/Internet/FSE DOCUMENTS/stelprdb1251402.pdf Herbaceous Wind Barriers, Code 603, USDA-NRCS, Jan. 2010. http://www.nres.usda.gov/Internet/FSE DOCUMENTS/nres143 025927.pdf Michalewicz, D. A., J. D. Wanjura, B. W. Shaw, and C. B. Parnell. 2005. Evaluation of sources and controls of fugitive dust from agricultural operations. In Proc. 2005 Beltwide Cotton Conference. http://caages.tamu.edu/Publication-Particulate%20Matter.html Harner J., Maghirang R., Razote E., Water Requirements for Dust Control on Feedlots, from the proceedings of Mitigating Air Emissions From Animal Feeding Operations Conference, May 2008. http://www.extension.org/pages/23966/water-regu irements-for-dust-control-on-feed lots California Air Pollution Control Officers Association Agriculture Clearinghouse http://www.capcoa.org/ag-clearinghouse/ U.S. Department of Agriculture Natural Resources Conservation Service - Nevada, Fugitive Dust: A Guide to the Control of Windblown Dust on Agricultural Lands in Nevada. Jan. 2007. http://www.cdsn.org/images/FugitiveDustGuide v7 201 .pdf Demolition and Renovation Page 39 CDPHE, Demolition and Asbestos Abatement forms and information https://www.colorado.gov/pacific/`cdphe/asbestos-forms Earthmoving Activities CDPHE, An Overview of Colorado Air Regulations for Land Development, August 2014 https://www.colorado.gov/pacific/sites/default/files/AP Land -Development -Guidance -Document 1.pdf Working With Dirt When the Wind Blows http://www.gradingandexcavation.com/GX/Articles/Working With Dirt When the Wind Blows 5455 .aspx EPA — Stormwater Best Management Practices: Dust Control http://water.epa.gov/polwaste/npdes/swbmp/Dust-Control.cfm EPA — Stormwater Best Management Practices: Wind Fences and Sand Fences http://water.epa.gov/polwaste/npdes/swbmp/W ind-Fences-and-Sand-Fences.cfm EPA — Stormwater Best Management Practices: Construction Sequencing http://water.epa.gov/polwaste/n pdes/swbm p/Construction-Seg uencing.cfm EPA — Stormwater Best Management Practices: Construction Entrances http://water.epa.gov/polwaste/npdes/swbmp/Construction-Entrances.cfm An Overview of Colorado Air Regulations for Land Development. Colorado Department of Public Health and Environment —Air Pollution Control Division. https://www.colorado.gov/pacific/sites/default/f`iles/AP Land -Development -Guidance -Document 1.pdf Health Effects of Particulate Matter U.S. Environmental Protection Agency, Integrated Science Assessment for Particulate Matter. EPA/600/R-08/139F Dec. 2009. http://cfpu b.epa.gov/ncea/cfm/record isplay.cfm?deid=216546#Down load World Health Organization, Health Effects of Particulate Matter- Policy. 2013 http://www.euro.who.int/ data/assets/pdf file/0006/189051/Health-effects-of-particulate- matte r- final-Eng.Pdf Preventing Silicosis in Construction Workers, NIOSH http://www.cdc.gov/niosh/docs/96-112/ General Dust Abatement Handbook, Maricopa County Air Quality Department, June 2013. http•//www maricopa gov/ag/divisions/compliance/dust/docs/pdf/Rule%20310-Dust%2OHandbook pdf Fugitive Dust Control: Self Inspection Handbook, California Air Resources Board, 2007. http://www.arb.ca.gov/pm/fugitivedust large.pdf WRAP Fugitive Dust Handbook, Western Governors' Association. Sept. 2006. Page 40 Managing Fugitive Dust: A Guide for Compliance with the Air Regulatory Requirements for Particulate Matter Generation, Michigan Department of Environmental Quality. March 2014. Colorado Oil and Gas Conservation Commission, Rules and Regulations, Rule 805 Odors and Dust http://cogcc.state.co.us/ Page 41 Ag" OCC30RBY LaNO'SCaPE a..LC FT_ 4c:;OLLIN'3., CO 970-568-7633 Shaw Preserve Rock Springs, WY 2000 Shaw Landscape Tim White 303-825-474D 300 Kalamath St Denver, CO Sod work and Landscaping for park $180,000 City of Saratoga, WY Saratoga High School 2005 Randy of Quality Landscape LLC 307-329-8063 Sod work for the new Athletic field at the High Schoof $1 10,000 State of Colorado Towner Rail Road Restoration 1995 Restore Rail Road landscape from the town of Towner, CO to The Kansas state line. $300,000 3 Forks Ranch Savery, WY 82332 970-583-7396 1990 1990 4 phases of Sod work completed at the Ranch 15' Phase $200,000 2n1 Phase $50,000 31 Phase $100,000 411 Phase $50,000 Total for all Phases $400,000 LANDSCAPE KORBY VEHICLE AND EQUIPMENT LIST 2016 VEHICLES/Machinery #91 Grey Wheelbarrow #95 Turfco Aerator #4 2005 GMC 4500 #5 2005 GMC #6 2005 GMC 3500 #7 Spyker Fertilizer Spreader #2 #9 Walker 56" Mulch Deck #12 4720 John Deere Tractor #21 Honda ARC 216 Mower #23 Orange Concrete Mixer #29 Polaris 500 #30 1996 GMC Utility Truck #31 2004 Walker Mower #32 2005 Walker Mower #33 2007 Walker Mower #44 Honda Hand Tiller #45 Scotts Drop Spreader #47 1984 GMC Pickup #48 Tiller #51 Green Water Tank #52 White Water Tank #55 Landpride #25-84 Box Scraper #62 5520 JD Auger Bucket #66 Ford 200 Econoline Van #68 North Man 8' Snow Plow #71 Trac/VAc Blower #74 Boss Snow Plow #80 Small 4' Sod Roller #81 2004 Case Mini Sneaker Pipe Puller #82 Roger Sprayer #83 Honda Turfco Hand Sod Cutter #85 Lesco Push Spreader #2 Trail Boss #87 Lesco Push Spreader #3 #88 Spyker Fert. Spreader #233 1993 Oshkosh Step Van #235 2016 Toyota Tundra (lease) #249 2015 Toyota Yaris (lease) TRAILERS #7A 2002 Superior Trailer #8A 1985 Maxey Trailer #11A Goldco 12A Haulmark Trailer #14A 2003 Carson Utility Trailer #15A PJ 2014 16' Dump Trailer #17A 1990 Great Dane Trailer #18A 2015 Dump Trailer #96 Honda HRX 217 #97 Red Max #1 Trimmer #98 Red Max #2 Trimmer #99 Red Max #3 Trimmer #100 Poulan Chain Saw #101 Yard Machine Tree Shredder #103 Walker Spray Tank #1 #104 Feldman Pull -behind Aerator #1 #105 Feldman Pull -behind Aerator #2 #106 Walker 72" Mow Deck #107 Walker 60" Mow Deck #110 Rotary Brush for Walker #111 Stihl Hedge Trimmer #112 Echo Hedge Trimmer #113 Walker 48" Mow Deck #114 Walker 60" Mow Deck #115 36" Walk Behind Toro Mower #116 Power Washer #117 Walker Snow Blower #118 Walker Spray Tank #2 #119 Sweepsteer 60" Broom #120 Toro 21" Walk Behind Mower #121 Toro 21" Walk Behind HC Mower #123 Walker Snow Blade #1 #124 Walker Snow Blade #2 #125 JD Edger E 35 4126 Red Max HB 2260 Blower #127 SW Red Max Trimmer #1 #128 Red Max Trimmer #2 #129 Red Max Trimmer #3 #130 Red Max Trimmer #4 #131 Echo PB-60 HT Blower #1 #132Echo PB-60 HT Blower #2 #133 Echo PT-60 HT B lower #3 #134 JD Blower #135 Red Max EB 7000 Blower #1 #136 Red Max EB 7000 Blower #2 #137 Red Max EB 7000 Blower #3 #138 Tree Cart #140 2000 Gallon Bulk Fuel Tank #141 500 NO Lead Tank #148 Storage Shed 16'X8' #150 60" Walker Mow Deck #151 2005 Everide Warrior Mower #152 2004 Walker Mower #153 48" Walker Mow Deck #154 Red Max HBZ2601 Blower #155 Red Max BZ23N — Trimmer #158 Red Max TR 2300S #2 Trimmer #159 Red Max TR 23005 #3 Trimmer #161 Lesco Drop Spreader #180 JD Flail mower #181 JD Bucket #182 JD Bucket #183 Frontier 2272 Frontier Overseeder #201 10' Quick Plow #202 15' Quick Plow #211 Grasshopper Mower #212 Windfall Sprayer #213 Meyers ice melt spreader #214 8' Tractor Snow Plow Black #215 10' Tractor Snow Plow #216 Honda Snow Blower #217 Honda Snow Blower #218 Honda Snow Blower #219 Ditchwitch 4500 #220 2002 Cushman #221 2008 John Deere Tractor #222 ESAB Plasma Cutter #223 54" PTO Deck Mower Attch #224 Barreto 1620 Tiller #225 Toro TRX-19 48" walk behind #226 2006 Ingersoll Towable air comp #228 Pulser Ground Fault Locat/Trans #219 DitchWitch 4500 #220 2002 Cushman #221 2008 JD #222 ESAB Plasma Cutter #223 54" PTO Mower Deck Attachment #224 Barreto 1620 Tiller w/Honda eng. Rear tine Gas #225 Toro TRX-19 48" walk behind trencher #226 Ingersoll Rand Tow able Air #227 Lincoln Ranger Gas Welder/Gen #228 Pulser Ground Fault Locat/Trans #229 Chainsaw #CS-370 #230 78" Tomahawk snow mulch bucket #231 200 John Deere 1565 Enclosed lawn tractor #232 200 John Deere 1565 enclosed lawn tractor #2341993 Mil Office trailer #236 20' metal container #237 40' metal container #238 Mustang LF 38 Gas Compactor #239 Gorman Rupp 13D-1910 series pump #240 Teel Gas self -priming centrifugal pump #241 Bucket for John Deere 1565 4242 John Deere 60 H.D. Rotary Broom #243 Stihl TS760 Gas demo saw #244 Wagner airless paint sprayer #245 Wagner airless paint sprayer #246 John Deere Skid steer/loader #2471996 Finn T60 Hydro Seeder #248 High Cube Container #250 Toro Multi Pro 1100 Sprayer #251 2016 Snow Ex Salt/Mag Chloride Sprayer SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed belgAr and all subcontractors performing over 15% of the contract. ITEM SUBCONTRACTOR AaEt4-G eLJ SECTION 00500 AGREEMENTFORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00020 INVITATION TO BID Date: March 25, 2016 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock, on April 11, 2016, for the Mulberry Bridge Urban Design & Landscaping; BID NO. 8279. If delivered, they are to be delivered to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. O. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the construction of Bid 8279. The Work consists of installing landscaping and urban design elements along the Mulberry Bridge corridor over the Poudre River. Items include irrigation, plants, shrubs, trees, boulders, organic and inorganic mulch, concrete planter pots in the median, cast -in -place concrete planter beds and concrete pedestrian lookout pads. The project also includes mobilization, traffic control, earthwork and site preparation, and erosion control. 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. Questions concerning the scope of the bid should be directed to Caleb Feaver, Civil Engineer Project Manager, at (970) 416-4229 or cfeaver@fcgov.com. Questions regarding bid submittal or process should be directed to Elliot Dale, Buyer, at 970.221.6777 or edale@fcgov.com. All questions must be submitted in writing via email to Caleb Feaver, with a copy to Elliot Dale, no later than 5:00 PM our clock on April 1, 2016. Questions received after this deadline will not be answered. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. The Contract Documents and Construction Drawings may be examined online at: • Rocky Mountain E-Purchasing System: www.rockymountainbidsystem.com Bids will be received as set forth in the Bidding Documents. The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. SECTION 00510 NOTICE OF AWARD DATE: April 29, 2016 TO: Korby Landscape LLC PROJECT: 8279 Mulberry Bridge Urban Design & Landscaping OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated April 11, 2016 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 8279 Mulberry Bridge Urban Design & Landscaping. The Price of your Agreement is Four Hundred Seventy -Five Thousand Three Hundred Five Dollars and Thirty -Five Cents ($475,305.35), which is the Total Base Bid plus Bid Alternate 1. Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by May 16, 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 Contract Documents attached. City of FoK0611ins OWNER By: Gerry P Purchasing Director SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 29th day of April in the year of 2016 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Korbv Landscape LLC (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 8279 Mulberry Bridge Urban Design & Landscaping and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by BHA Design Incorporated, 1603 Oakridge Drive, Fort Collins, CO 80525. The City of Fort Collins Engineering Department is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Completed by the Contractor, in accordance with Article 14 of the General Conditions, as evidenced by the issuance of certificate of Substantial Completion within sixty (60) calendar days after Notice to Proceed. 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 ten (10) 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: One Thousand Dollars ($1,000) for each calendar day or fraction thereof after the date of Substantial Completion as provided in Section 3.1 above. 2) Final Acceptance: One Thousand Dollars ($1,000) 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: Four Hundred Seventy -Five Thousand Three Hundred Five Dollars and Thirty - Five Cents ($475,305.35), 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: CONSTRUCTION PLANS (Index of Sheets) 1-4 EROSION CONTROL, SITE PLAN, GRADING 5-8 LANDSCAPE PLAN 9-11 LANDSCAPE DETAILS 12-17 IRRIGATION PLAN 18-20 IRRIGATION 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 N/A to N/A, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. OWNE IVD O COLLINS By: GEL PURCHASING IREECTOR Date: ` Attest: Wyv City Clerk Address for giving notices: P. 0. Box 580 Fort Collins, CO 80522 as to 4j:� 61a" Senior Assistant City SEAL CONTRACTOR: KORBY LANDSCAPE LLC By: UT L i- Cj4D�- t_ U901 PRINTED Title: nit yh 6 i n- Date: S 13111 b (CORPORATE SEAL) Attest: Address for giving notices: License No.: SECTION 00530 NOTICE TO PROCEED Description of Work: 8279 Mulberry Bridge Urban Design & Landscaping To: Korby Landscape LLC This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within �_) calendar days from receipt of this notice as required by the Agreement. Dated this day of , 20_. The dates for Substantial Completion and Final Acceptance shall be 20_and , 20_, respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this _day of 20_ CONTRACTOR: Korby Landscape LLC By: Title: 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 :. . KNOW ALL MEN BY THESE PRESENTS: that Korby Landscape LLC 2406 E CR 60, Wellington, CO 80549 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal' and (Firm) (Address) 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 Four Hundred Seventy -Five Thousand Three Hundred Five Dollars and Thirty -Five Cents ($475,305.35) 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 29th day of April, 2016, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 8279 Mulberry Bridge Urban Design & Landscaping. 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. H C C ATetlgO Contractors Indemnity Company 601 S. Figueroa Street Suite 1600. Los Augeles. Cal nui ma 9001 main 3106a90990 facsimile 310 61190416 Bond No. Premium: $ Public Works —Performance 1001041087 KNOW ALL MEN BY THESE PRESENTS, That we, Korby Landscaping. LLC as Principal, and AMERICAN CONTRACTORS INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of California, and authorized to transact a general surety business in the State of as Surety, are held and firmly bound unto City of Fort Collins as Obligee, in the sum of Four Hundred seventy five thousand three hundred five dollars and 35/100 Dollars ($ 475,305.35 ), lawful money of the United States of America, for the payment whereof, well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that WHEREAS, the above -bounden Principal has entered into a contract dated April 29, 2016 with said Obligee to do and perform the following work, to wit: Landscaping at Mulbury and Riverside Drive NOW, THEREFORE, if the above -bounden Principal shall well and truly perform or cause to be performed, "the works under the contract," then this bond shall be null and void; otherwise it shall remain in full force and effect. Signed, sealed and dated this lath day of May , 2016 Korby Landscaping, LLC Principal AMERICAN CONTRACTORS INDEMNITY COMPANY By & !, i Bruce H. Lowdennilk Attorney-in-Ni,Cl Ht CV7'_u1lBul, 11 REFERENCE CHECK/PRE-AWARD MEETING The City may perform a thorough reference check prior to awarding the contract. To facilitate this, please provide project descriptions and owner contact information for at least 3 projects completed/still under construction within the contract amount of $250,000 or greater from the past three years. It is the City's preference that the reference projects used the same Contractor Project Manager as the Contractor is proposing for this project. Bids that do not include the required references may be deemed non -responsive. The lowest responsive and responsible bidder may at the City's sole discretion be required to attend a Pre -Award Meeting with City staff prior to award of the contract. 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 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this day of , 20_ IN PRESENCE OF: (Title) (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: (Surety Seal) Principal (Title) (Address) Other Partners By: By: Surety By: (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. SECTION 00615 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Korby Landscape LLC 2406 E CR 60, Wellington, CO 80549 (an Individual), (a Partnership), (a Corporation), 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 Four Hundred Seventy -Five Thousand Three Hundred Five Dollars and Thirty -Five Cents ($475,305.35) 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 29th day of April, 2016, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 8279 Mulberry Bridge Urban Design & Landscaping. 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. Bond No. Premium: $ Public Works — Payment 1001041087 KNOW ALL MEN BY THESE PRESENTS, That we, Korby Landscaping, LLC as Principal, and American Contractors Indemnity Company a Corporation organized and existing under the laws of the State of California , and authorized to transact a general surety business in the State of as Surety, are held and firmly bound unto City of Fort Collins , as Obligee, in the sum of Four Hundred seventy Five Thousand Three Hundred Five and 35/100 Dollars ($ 475,305.35 ), lawful money of the United States of America, for the payment whereof, well and truly to be made, we hereby bind ourselves our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that WHEREAS, the above -bounden Principal has entered into a contract dated with said Obligee to do and perform the following work, to wit: Landscaping at Mulburry and Riverside Drive April 29, 2016 NOW, THEREFORE, if the above -bounden Principal shall faithfully pay all laborers, mechanics, subcontractors, materialmen and all persons who shall supply such person or persons, or subcontractors, with materials and supplies for the carrying on of such work, then this bond shall be null and void; otherwise it shall remain in ful force and effect. Signed, sealed and dated this Korby Landscaping, LLC Principal 13th day of May 2016 American Contractors Indemnity Company Bruce IT. Low ermilk Attomey-in-Fact POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, aMaryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Kent Wisecup or Bruce H. Lowdermilk of Englewood, Colorado its true and lawf_uLAttomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars (S **3,000,000.00*■ ), This Power of Attorney shall expire without further action on December 20, 2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: - Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. =$e it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating -� by facsimile, and any power of anomey or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to —my bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1st day of December, 2014. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY y1J11nnlnn,„' 1. ....... ... 111nlllln,,,," 4.O*Z,U.CrOq�4° �S`ES guR"�%.' ```OtNCC`'.'. u% .+.a "mean �. t......... tat =Qi"°°°"®; 3 = Daniel P. I ice President l ':Oc � .� s i Agui ar, V' IA notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles SS: On this 1st day of December, 20I4, before me, Maria G. Rodriguez -Wong, a notary public, personally appeared Dan P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signal= on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MARIA G. RODRIGUE2-110NG A/ki Commission # 2049771 Signature (Seal) Z .ice Notary Public - California i Los Angeles County ' Comm. E ires Dec 20. 2017 I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this of 141/? In e1oIG . Corporate Seals nc II„n nllllll,,,, -p— TOltsny J,a`�y.3URF b, „Yo,rD ING 13' `t day "`°"°""� ' '°' ;= '_= - _ - u:,,,��.i�o,,n.W.:i..o_ :wy; Iln*nn =sr`.�l"niup11F1 'n1,0``r: - 'y,r •`a; ,..'.ramEi Kio Lo+ Assistant Secretary iooJo#_10197 W _,,,l ...... Agenc�o. b Myull ,IM No Text IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this day of , 20_. IN PRESENCE OF: Principal (Title) (Corporate Seal) (Title) (Address) IN PRESENCE OF: Other Partners 0 IN PRESENCE OF: Surety By: (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 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 ,4coRd CERTIFICATE OF LIABILITY INSURANCE DATE IMILODA YYYI 1 t /9S7Rt 5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: If the Certificate holder is an ADDITIONAL INSURED. the pollcy(ies) must be endorsed. It 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 center rights to the certificate holder in lieu of such endorsemerd(s). PRODUCER MOUNTAIN PLAINS AGENCY LLC 4532 MCMURRY AVE STE 101 FORT COLLINS INSURED KOREY LANDSCAPE, LLC 2406 E COUNTY ROAD 60 PHONE o. __ 970.206.0800 IwtRPt• 970.2N.0801 E A1AIL ADDRESS; -. pmrintlognationwide c= atwlRgs)Ar>•Gm>•o COOlRABE I_ rc�_ _ CO 805254= OSUMA_ NATIONWIDE MUTUAL INSURANCE COMPANY i 23787 BmitB: DEPOSITORS INSURANCE COMPANY 42587 ealB�tt: AMCO INSURANCE COMPANY 19100 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD I DrATED. NOIYgTHSTANDM ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT 70 SMCH THIS CMtTIHCATE WAY BE ISS!" OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. E)QCLUSKM AND CONDITIONS OF SUCH POLICIES. LIMICLAIMS. TS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAS. 0 L.CV EFP 1T[OBdtl1iE POLICY NUMBER DA'YYY LIMITS j C0C MMILuiLGEN ALUABB.l1Y EACHOCCURRRDCE s 1.000.000 X OccuR :A1EYE!¢.LF+q¢tRt�cal .1 1100,DDD _ _!cwMs+wm MM Ela(Aw" Palau) s 5.000 C X ACP GIRD 3016865981 11/112015 1111112016 PERSONALBADVBuRnL 1,000,000 _ _ CENT AGGREGATE LBAIT APPLIES PER GENERAL AGGREGATE _--2.0011IA D X• POLICY PRO LOC PRODUCTS-compoPAGG s 2.000,DDOCOMBINEDS_- OTHFA. 1 _ AUTOIpBILELLXBILRY ,�_iL9�ID MfiIE f 1,DDO,DDD pNV AUTO BODILY NAM (AY PMfg1I _ 6 nu CAD X ED X ACP BAPD 3016865981 111112015 11111M16 BODILY eMIMm T(Awaaem S AUTOS HE X HIREDAUTOS X_ Ae�O NED I aLegelllPROPeR� DANIAGE 1 s UMBRELLA Cue X OCCUR EACH OCCURRENCE 1 1_000.000 C EXCESS UAB CWMSilAOE X ACP CAA301G865%1 111112015 111112016.AGGREGATE_- ___�1_1,000,000 OEO RETENTIONS i WORKERSCOMEMILATION ATUTE ANDEMPLAWWLRBLT• Y ANYOROPRJ,TOwARTNETDEXECUTtVE - -- EL EACH ACCENT OFFICERMEMKREXCLWEM � NIA Isscuysal ■ARIL ' J i. DISEASE EA EMPXOYEE' S DESC IPTZN OF OPERATIONS orX E.L. DIIV"- POLICY LIMIT I S DESC RIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AC ORD 101, Addlttwil Remarks SCOadula, may U a CM it mare$Pact Is reawred) Landscaping City of Fun Collins is fisted as Additional Insured CERTIFICATE tuw rare CANCELLATION CELLE SHOULD ANY OF THE ABOVE OESCRIBEfP IES BE CAE EKED THE E►7if THEE'- EREOF,/ B Gty of Fort Collins ACCORDANCE WITH THE P(N. BI 118. Risk Management AUTHORIIIDREPRESENTATNE 215 North Mason SI Taiw J. Quam Fort Collins CO 80524 iB-WBB401 ACORD C . All rights"tt d. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD % C_/ r CORD. CERTIFICATE OF LIABILITY INSURANCE DATE IMMODNwY) PRODUCER Pemeod Assurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY 7501 E Lowry Blvd AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS Denver CO $0230-7006 CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW. INSURERS AFFORDING COVERAGE NAIC{ INsuR o nauuP. PI_nM_t_Ol Aswrenee - _41190 KorOy Landscape LLC ---------- 2406 W County Road 60 PmuAc _ wekinglon, CO 80549 n INSVNERE COVERAGES THL POLICIES OF INSURANCE LISTED BELOW HAVE BEEN SUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANOMC ANY REOUIRELENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMMENT 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. LMTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. . wsR I Aeel — .. i Pan,'ENq'IEIE Parer ErnwA,nP - I,R l mmttT Po��n ^waFn _I Errzlrwemm mEvr.m+rv.� Ern NiYY1EHWa i — � �- EIm OLCUMk,4 __ raEEoavAurwN iwwry ', i 'wl•AEE ,o REV,m i i ', GAYS IYR accux I ,mEw¢6 __ PEI6d^IR AqV EEEIIN del AilJCQI'A'E�C UHAT APWEAE IEP 6H91YA(i� � 10LLY a -_.- I Al11ppLELYm i C011el,lm EEXA{EEIIf I Air w,o AEAecWI '. Au onwFc.vloE ! '. sc,eol,.rn Au,us I ,EAeo Au,os I i mHowrAC AJIOG 11"" NII^GE WCIUIY wNr ^yt0 E6EnAr(W Yrll1Y OmIE � L,IMf Ylla aEe .e+IEH. Y AnYNCNEnaPAwlVElvDsomrc 4771624 031012015 I OfFMyMBl10'GLLCIP� E.i sEw�arw.r.AECML FIgNeOHOe^Yn iemxrlVum SmAr wae,r __ e„ rEaPcwna...� IWIPOII.. EA ACG�1, O nvw CAA WIOO1(Y IQO 03p,l20,6 E/aIOEQE1tHll;E -_- AriGROArz _ oA... s A '- ELEAO,ACCAA, Sr44001 ELOnFA9f GEi,GrEF S,Eessl ELp6EA4E POVCr EAEI q I BEDLRWTIOM OF OPER/.TOMYLOEJTIONSNLNILIEYEACLYe1DY{ADD®BY PRMtCHS ERTYWATE ROLOM - CANCELIIAMM CRY of Fan Collins RIO manegemenl 215 Nonni Mason St Fart Collins. CO 80524 SH, AMY OF THE ABOVE DESCREBED POLICJES BE CANCELLm B[!DE THE EAMADON DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TC NOTIFY 10 DAYS WRRTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO NOTIFY SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS di Joseph Sanchez Underwriter ACORD CORPORATION IBM_ CERTIFICATE HOLDER COPY City of Fort Collins Risk Management 215 North Mason St Fort Collins. CO 80524 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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 :n lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. SECTION 00100 INSTRUCTIONS TO BIDDERS SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT OR SPECIFIED PART SHALL INCLUDE: PROJECT TITLE: 8279 Mulberry Bridge Urban Design & Landscaping LOCATION: Fort Collins, Colorado OWNER: City of Fort Collins CONTRACTOR: Korby Landscape LLC CONTRACT DATE: April 29, 2016 The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 20 TO: Korby Landscape LLC Gentlemen: You are hereby notified that on the day of , 20_, the City of Fort Collins, Colorado, has accepted the Work completed by Korby Landscape LLC for the City of Fort Collins project, 8279 Mulberry Bridge Urban Design & Landscaping. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated April 29, 2016. 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 3-2 Title: ATTEST: Title: SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Korby Landscape LLC (CONTRACTOR) PROJECT: 8279 Mulberry Bridge Urban Design & Landscaping 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 attorney's 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. Signed this day of 20_. CONTRACTOR: KORBY LANDSCAPE LLC Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20_ by Witness my hand and official seal. Notary Public My Commission Expires: SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Korby Landscape LLC PROJECT: 8279 Mulberry Bridge Urban Design & Landscaping CONTRACT DATE: April 29, 2016 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) By: ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE OR 0172 (08/30113) COLORADO DEPARTMENT OF REVENUE Denver CO 80261 - 0009 (303) 238-SERV (7378) Contractor Application for Exemption Certificate Pursuant to Statute § 39-26.708(1),(2),&(3) The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials forthe exempt project described below This exemption does not include orapplytothe purchase or rental of equipment, supplies, and materialswhich are purchased, rented, orconsumed by the contractorand which do not become a part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Departmental Use Only IIIdIIIIIIIIIIIIII111111�IIIIIIIIIIIIIIIIIIIY 130172 19999 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.) Send completed forms to: Colorado Department of Revenue, Denver, CO 80261 - 0009 Failure to accurately complete all boxes will cause the application to be denied. Contractor/Account No. (Leave blank If filing for the first time) Period (MMnyMMryy)A 89- _ Contractor Information Trade narri Owner, partner or corporate last name First Name Middle Initial Mailing Address City State Zip E-Mail Address FEIN Bid amount for your contract Fax number Business Phone number Colorado withholding tax account number Exemption Information Copies of contractor agreement page, identifying the contracting parties, bid amount, type of work, and signatures of contracting parties must be attached Name of exempt organization (as show on contract) Exempt organization's number 198 Address of exempt organization City State Zip Principal contact at exempt organization -Last Name First Name Middle Initial Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located) City State Zip Principal contact's telephone number Scheduled construction start date (mmni yy) Q Estimated completion date (rouvoony)© I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of the business owner, partner or corporate officer Title of corporate officer Date (mviwNy)p (Do not write below this line) Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. Do not enter what you believe to be the next in sequence as this may delay processing of your application. SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS 1 0,1 . CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Comm ittee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to that document arc 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 DEFINITIONS ............................. .._.-.......I Ll Addenda ............................................. 1.2 Agreem enk ......................................... 1.3 Application for Payment ...................... 1.4 Asbestos ..........................................1 1 1.5 Bid .....................................................1 1.6 Bidding Documents ................ .... .. .... 1 1.7 Bidding RequiremerAk .........................1 1.8 Bonds .................................................1 1.9 Change Order .................................... 1.10 Contract Documents ... ...... .............. _1 1.11 Contract Pricq..................................... 1 1.12 Contract Times............_.....................1 1.13 CONTRACTOR ..................................1 114 defective ................ ............................ 1.15 Drawings ...... ......................... ........... 1.16 Effective Date of the AgreemeM ....... -.1 1.17 ENGINEER .........................................I I 1.18 ENGINEERS Constfltan..................... 1.19 Field Order ......................................... 1.20 General Requirements ......................... 1-21 Hazardous Waste .... ............................ 2 1.21a Laws and Regulations, Lim or Regulations ................................... 1.22 b Legal Holidays ................................... _2 1.23 Liens .................................................. 1.24 Milestone._ ..................................... 1.25 Notice of Award........_..__.._ ............... :2 1.26 Notice to Proceed ...............................2 1.27 OV,7M ................ . ........ ................. 1.28 Partial Utilization .................. ......... _.2 1.29 PCBs .......................... .. .. . .. . 1.30 Petroleurn ................. ....................... 1.31 Project. ---......................._............ 2 1.32.a Radioactive Nfiftrial .... ...................... 2 1.32.b Regular Working Hours ........................ 133 Resident Project Representative ........... L34Samples ..............................................2 1.35 Shop Drawings ............................... .... 2 1.36 Specifications .....................................2 2 1.37 Subcontractor ..................................... ? 1.38 Substantial Completion ........................ 1.39 Supplementary Conditions ................... 1.40 Supplier ....................... . .. -- 1.41 Underground Facilities .... ............ . )-3 1.42 Unit Price Work .................................. 3 1.43 Work ................................................. 1.44 Work Change Directive ........................3 1.45 Written Amendment ............................ page Number PRELIMINARY MATTERS ................................3 2.1 Delivery of Bonds ............ .. ............ 3 2.2 Copies of Documents ........................3 2.3 Cam mencement of Contract Times; Notice to Proceed......._...... 1 2.4 Starting the Work ............................ 2.5-2.7 Before Starting Construction; CONTRACTORs Responsibility to Report; Preliminary Scheddcs; Delivery of Certificates of Insurance ................................... 3-4 2.8 Pi-econstruction. Conference ............. A 2.9 Initially Acceptable Schedulesi .......... 4 CONTRACT DOCUhIENTS AMENDING, REUSE . ........... ......................... 4 3.1-3.2 intent ....... .................................. -.4 3.3 Reference to Standards and Speci- fications of Technical Societies, Reporting and Resolving Dis- crepancies ................................. 4-5 3.4 Intent of Certain Terms or Adjectives ..................................... 5 3.5 Amending Contract Docunent!k ........ 5 16 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 ..................... 3-6 4.2 Subsurface and Physical Conditions ...... 6 4.2,1 Reports and Drawings ......................0 4.2.2 Limited Reliance by CONTRAC- TOR Authorized, Technical Data ............ fi 4.2.3 Notice of Differing Subsurface or Physical ConditionA ..................A 4.2.4 ENGrN=sReview ....................... 4.2 5 Possible Contract Documents Change......................................... 6 4.2.6 Possible Price and Times Adjustments .......................... -7 4.3 Physical Conditions --Underground Facilities ...................................... 7 4.3.1 Shown or Indicated ..........................7 4.3.2 Not Shown or Indicawti ....................7 4.4 Reference Points ............................. Y LXW GENERAL CONDITIONS 1910.9 (1990 EDITION) w/ aTY OF FORT COLLINS MODIFICATIONS (REV 91") 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 Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material....................7-8 5. BONDS AND INSURANCE 8 5.1-5.2 Performance, Payment and Other Bands.............................................. 8 5.3 Licensed Sureties and Insurers; Certificates of Insurance...................8 5.4 CONTRACTORs Liability Insurance .......................................... 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 Provision 10 5.9 CONTRACTOR'S Responsibility for Deductible Amounts .................... 10 5.10 Other Special Insurance .................... JO 5.11 Waiver of Rights...............................11 5.12-5.13 Receipt and Application of Insurance Proceeds 10-11 5.14 Acceptance of Bonds and Insu- ance; Option to Replace,,,,,,,,,,,,,,,,,,,11 5.15 Partial Utilization --Property Insurance........................................11 & CONTRACTORS RESPONSIBILITIES ...............11 6.1-6.2 Supervision and Superintendence ....... 11 6.3.6.5 Labor, Materials and Equipment.,. 11-12 6.6 Progress Schedule..............................12 6.7 Substitutes and "Or -Equal" Items; CONTRACTORS Expense; Substitute Construction Methods or Procedures; ENGINEEles Evaluation ............. 12-13 6.8-6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights .... ............. ..... ..13-14 6.12 Patent Fees and Royalties,- ................14 6.13 Permits ............................................. 14 6.14 Laws and Regulations ........................14 6.15 Taxes ............... ......................... ...14-15 6.16 Use of Premiss................................15 6.17 Site Cleanlirim................................ IS 6.18 Safe Structural Loaft,,,,,,,,,,,,,,,,,,,,,J5 6.19 Record Documents .............................15 6.20 Safety and Protection....................15-16 6.21 Safety Representative .........................16 6.22 Hazard Communication Program* ...... 16 6.23 Emergencies.....................................16 6.24 Shop Drawings and Sampleg..............16 625 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 Documents ........... 17 6.28 Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals 17 6.29 Continuing the Worl .....................17 6.30 CONTRACTOR'S General Warranty and Guarantee.............17 6.31-6.33 Indemnification, _.. _ _ . ,,. __ _ _.., _ _ _ _ _ 17-18 6.34 Survival of Obligations...................18 7. OTHER WORK.................................................18 7.1-7.3 Related Work at Site.....................18 7.4 Coordination............................._.18 8. OWNER'S RESPONSD31LITIES .........................18 8.1 Communications to CON- TRACTOR.................................18 8.2 Replacement of ENGINEER ........„ 18 8.3 Furnish Data andPay Promptly When Due..................................18 8.4 Lands and Easements; Reports and Tests ......................... ...„-18-19 8.5 Insurance ............................. _....... 19 8.6 Change Or(kxk..............................19 &7 Inspections, Tests and Approvals...................................19 8.8 Stop or Suspend Work; Terminate CONTRACTOR'S Services ......................................19 8.9 Limitations on OWNER'S Responsibilities ......................... J9 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material....................19 8.11 Evidence of Financel Arrangements .............................19 9. ENGINEER'S STATUS DURING CONSTRUCT'ION.............................................19 9.1 OWNER's Representative...............19 9.2 Visits to Site,19 9.3 Project Representative ...............19-21 9A Clarifications and Interpre- tations........................................ 21 9.5 Authorized Variations in W irk....... 21 EJCDC GENERAL CONDITIONS 1910.8 (1 "0 EDITION w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or paragraph Page Article or Paragraph Number & Title Number Num bcr & Title 9.6 Rejecting Defective Work ................... 21 9.7-9.9 Shop Drawings, Change Orders and Payments ....................................21 9.10 Determinatims for Unit Prices....,, 21-22 9.11-9.12 Decisions on Disputes;ENGI- NEER as Initial Interpreter ..............22 9.13 Limitations on ENGINEER'S Authority and Responsibilities.... 22-23 CHANCES IN THE WORK__ ................................. �23 10.1 OWNER!s Ordered Change ................23 14. 10.2 Claim for Adjustment.......................23 10.3 Work Not Required by Contract Documents ..................................... 23 10.4 Change Orders .................................. 23 10.5 Notification of Surety.........................23 CHANGE OF CONTRACT PRICE .............................23 11.1-11.3 Contract Price; Claim for Adjustment; Value of the Work .................................... 23-24 11.4 Cost of the Work .......................... 24-25 11.5 Exclusions to Cost of the Work .......... 25 11.6 CONTRACTORs Fee,,,_,,._......,.,_,,,, :25 11.7 Cost Records ................................ 25-26 11.8 Cash Allowances ........................... _26 11.9 Unit Price Work ................................ 26 CHANGE OF CONTRACT TIMES ............................26 12.1 Claim for Adjustment........................26 12.2 Time of the Essenc; .......................... 26 12-3 Delays Beyond CONTRACTOlits Control ...................................... 26-27 12.4 Delays Beyond OWNERs and CONTRACTORs Control ................27 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFEC77YE WORK ..................................................27 13.1 Notice of 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 13.6-13.7 Covering Work Prior to Inspec- tion. Testing or Approvat ................27 13.8-13.9 Uncovering Work at ENGI_ Page Number NEERs Request ..................... 77-28 13.10 OWNER May Slop the Work .......... 28 13.11 Correction or Removal of Defective Work ............. . . . ......... 78 13.12 Correction Period...........................78 13.13 Acceptance ofDefective Work ......... 28 1114 OWNER May Correct Defective Work ..................................... 28-29 PAYMENTS TO CONTRACTOR AND COMPLETION .................................................29 14.1 Schedule of Values.........................29 14.2 Application for Progress Payment............................. . ...... 29 14.3 CONTRACTORs Warranty of Title 29 144-14,7 Review of Applications for Progress Payments .................... )9-v 14.9-14.9 Substantial Completion ..................A 14.10 Partial Utilizatioq ...................... 30-31 14.11 Final Inspectiorl.............................31 14.12 Final Application for Payment ........ 31 14.13-14.14 Final Payment and Acceptance ....... 31 14.15 Waiver of Claims ...................... 31-32 15. SUSPENSION OF WORK AND TERMINATION ............................................... 32 15.1 OWNER May Suspend Work----,.... 32 15.2-15.4 OWNER May Terminate ...... ......... :32 15.5 CONTRACTOR May Stop Work or Terminate . ................ 3233 16. DISPUTE RESOLUTION . - --------------------- 33 17. MISCELLANEOUS ..........................................33 17.1 Giving Notice-....._........................33 17.2 Computation of Times, ................... 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 E=IT GC -A: (Optional) Dispute Resolution Agreement .................. _GC ­AI 16.1-16.6 Arbitration ....................... Gr At 16.7 Mediation ....... ....................... GC -Al EJCDCCENEL46L COMN17101491910-8 0990 EDMON) w/ CITY OF FORT COLLMS MODMCATIONS OMV 9/99) INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of — Bonds and Insurance ........................................5.14 defective Work ............................10.4.1. 13.5,13.13 final payment ........................................ 9.12,14.15 insurance ......................................................... 5,14 other Work. by ODNTRACTOR ..........................7.3 Substitutes and "Or -Equal" Item* ..................... 0.7.1 Work by OWNER ..............................2.5, 6.30, 6.34 Access to the -- Lands, OWNER andCONTRACTCR responsibilities .............................................. 4.1 site. related Work.-......_ ......... .............. ............ 7.2 Work . ........................ ......... ....... 13.Z 13.14,14.9 Acts or Omissions.—, Acts and Omissions -- CONTRACTOR ...................................6.9.1, 9.13.3 ENGINEER ..................................6.20,9.13.3 OWNER.................................................... 0.20,8.9 Addenda --definition of (also see definition of Specifications) .......(1.6,1.10,6.19). LI Additional Property Insurance* ................................. 5.7 Adjustments — Contract Price or Contract Times .... .. ...................1.5. 3.5, 4.1, 4.3.2, 4.5.2. .............................. 4-5.3. 9.4. 9.5. 10.2-10.4. .........................................11. 12, 14.8. 15.1 progress schedule ............................................... 6.6 Agreement -- definitionof......................................................3.2 "All -Risk" insurance. policy fmA. .......... ............... 5,6.2 Allowances. Cash ...................................................11.8 Amending Contract Documents ................................3.5 Amendment. Written -- in general ................ J.10, 1.45, 3.5, 5.10, 5.I2, 6.6.2 ........................... 4.8.2, 6.19,10.1, 10.4,11.2 ....................................12.1, 13.12.2,14.7.2 Appeal, OWNER or CONTRACTOR intent to ..... .................... 9.10, 9.11, 10.4. 16.2. 16.5 Application for Payment -- definition of ......................................................3.3 ENGINEERS Responsibility ............................... 9.9 final payment ....... ......... 9. 13.4, 9.13.5, 14.12-14.15 in general ..........................2.8, 2.9,544, 9.10.15.5 progress payment ...................................... 14.1-14.7 review of --- ....... ­­­ ..... .............. 11 .... 114.4-14.7 Arbitration ..................................................... 16.1-16.6 Asbestos -- claims pursuant thereto ..........................4.5.2, 4.5.3 CONTRACTOR authorized to stop Work,,,,,,.._ 4.5.2 definition of .......................................................1.4 Article or Paragraph Number OWNER responsibility for ............................. 4.5.1.8.10 possible price and times change,,,,,,,,,,,,,,,,,,,,,,, . 45.2 Authorized Variations in Work ......... �3.6,6M, 6.27, 9.5 Availability of Lands ...... ................................... 4.1.8.4 Award. Notice of --defined ....................................... L25 Before Starting Constructical .............................. 7.5-2.8 Bid —definition of.. . ......... ............ 1.5 (1.1, 1.10, 2.3, 33, .........1, ....... :4.16.4.6.13,11.4.3, 11.9.1) Bidding Documents —definition Of ........... ........ 1.6(6.8.2) Bidding Requirements —definition Of ........................... ........ 1.7 (1.1, 4.2.6.2) Bonds- - acceptance of . ...................................... ........... 5.14 additional bonds 11.4.5.9 Cost of the Work ............................ ............... 11.5.4 definition of .......................................................1.8 delivery of ................................................... 7.1,5.1 final Application for Payment .......... ...... 14A2-14.14 general ......................................3.10, 5.1-5.3, 5.13, .......................................9.13, 10.5, 14.7.6 Performance, Payment and other .............. _.. 5.1-5.2 Bonds and Insurance --in general.................................5 Builder's risk "all-risk' policy form_ ... ................... 5.6.2 Cancellation Provisions, Insurance.,,,,,_, 5.4.11, 5.8, 5.15 Cash Allowances JI.8 Certificate of Substantial Completicat ........ 1.38, 6.30.2.3, ..................................................14.8. 14.10 Certificates of Inspection;,,,,,,,,,,,,,,,,,, 9.13.4, 13.5, 14.12 Certificates of Insurancq ............. 2.7. 5.3. 5.4.11. 5.4.13. ..... I ............ I ..... 5.6-5, 5.8, 5.14, 9.13.4,14.12 Change in Contract Price - Cash Allowances claim for price adjustment,,,,,,.,,,., 4.1. 4.2.6. 4.5. 5.15, 6.8.2. 9.4 ................... 9.5. 9.11. 10,2, 10.5. 1 LZ 13.9. .....................13.13, 13.14,14.7. 15.1. 15.5 CONTR�iHbiSie*e­ .........................................11.6 Cost of the Work general ................................................ 11.4-11.7 Exclusions to J 1.5 Cost Records_ ................... ............................... 11.7 in general .............J.19, 1.44, 9,11, 10.4.2, 10.4.3. 11 Lump Sum Pricirig ..........................................11.3.2 Notification of Surety ........................................105 Scope of; ............................ ..................... JO.3-10.4 Testing and Inspection, Uncovering the Work ..................................13.9 EJCDC GENERAL COMMONS 1910.8 (1990 EDITION] wt CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Unit Price Work. .- I .... I --- I .................. .... 11.9 Article or Paragraph Number Value of Work ..................................................11.3 Change in Contract Times — Claim for times adjustra en; ....... A.]. 4.2.6, 4.5. 5.15, ...... 6.8.2, 9.4, 9.5. 9.11, 10.2. 10.5, 12.1, .......13.9, 1113, 13,14, 14.7. 15.1. 15.5 Contractual time limits ............................. . ...... 12.2 Delays beyond CONTRACTOR's control........................................................12.3 Delays beyond OWNERs and CONTRACTORs control ............................. 12.4 Notification of surety ........................................ 10.5 Scope of change .... ................................... 10.3-10.4 Change Orders -- Acceptance ofDefectrve Work .......... Amending Contract Docurn en4 ..........................3.5 Cash Allowances Change of Contract Price.....................................11 Change of Contract Times...................................12 Changes in the Work..........................................10 CONTRACTOR's fee ................................ ....... 11.6 Cost of the Work .................. . ............. 11.4-11.7 Cost Records ................................................... 31.7 definitionof ........ I ....... ....................... ...... emergencies .....................................................0.23 ENGINEERs responsibility ....... 9.9.10.4,11.2. 111 execution of ..................................................... )OA Indemnifiction ....................... J.12,45.16, 6.31-6.33 Insurance, Bonds and . ............... _-.5.10,513,10.5 OWNER may terminate ............................. 15.2-15.4 OWNERs Responsibility..... ....................... $-6,10.4 Physical Conditions — Subsurfaceand..............................................4.2 Underground Facilities ............................... 4.3.2 Record Doeum crits...........................................419 Scope of Change ....... ............ .................. 10.3-10.4 Substitutes........ _... _............................6.7.3.6.8.2 6.7.3.6.8.2 Unit Price Work... ..... __ .......... .................... JI-9 vahw of Work, covered by .................................11.3 Changes in the Work .................................................30 Notification of surety ................._..-„--.--.-...-,.....10.5 OWNERS 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 .............................................. !S32 Change of Contract Pricq ........................... 9.4,11.2 Change of Cmtrwt Times .......................... 9.4,121 CONTRACTOR's..............4. 7.1. 9.4. 9.5. 9.11. 10.2. ........I..................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 IZ 6.16,631 Cost of the Work_ .................................... 11.4,11.5 Decisions an Disputes ............................... 9.11,932 Dispute Resolution ............................................16.1 Dispute Resolution Agreement ................... 16.1-16.6 ENGINEER as initial interpretor.......................9.11 Lump Sum Pricing.........................................11.3.2 Noticeof ........... ............................................. _17.3 OWNER!s ...................9.4. 9.5. 9.11, 102, 11.2, 11.9 ........... I ............ 12.1,13.9,13,13,13.14,17.3 OWNER liability ......................................... .... 5.5 OWNER may refuse to make payment ................14.7 Professional Fees and Court Costs Included.-- ......... ................. .. _ ....... ...... . J7.5 request for formal decision oq ............................9.11 Substitute Items * ........ * ........ *** .... ......... 6,71.2 Time Extension .................................................12.1 Time requirements ...................................9.11, Unit Price Work .............................................11.9.3 Valueof .......................................................... J,13 Waiver of --on Final Payment ................. 14.14,14.15 Work Change Directive.....................................10.2 written notice required ......................9.11, 1 LZ 12.1 Clarifications and Interprdation:K ........... 343,9.4,9.11 CleanSite ..................... --------- ............................ 6,17 Codes of Technical Society, Organization or Association ..................................................3.3.3 Commencement of Contract Times ..................... _ .... 13 Communications — general..............................................42, 6.9.2, 8.1 Hazard Communication Programs ...................... 0.22 Completion — Final Application for Payment.........._ ..............14.12 Final Inspection ....... ........... _ _ ................... J4,11 Final Payment and Acceptance ............... 14-13-14.14 Partial Utilization ....... .................... .............. j4.10 Substantial Completion ...................... 1.39.14.8-14.9 Waiver of Claims ............................................ 14,15 Computation of Times ............................... 17.2.1-17.2.2 Concerning Subcontractors, Suppliers and OthcrA ................................................. O.M.11 Conferences— initially acceptable schedules .............................. 2.9 preconstructiork ..................................................2.8 Conflict, Error. Ambiguity. Discrepancy — CONTRACTOR to Report ... ....................2.5.3.3.2 Construction. before starting by CONTRACTOR ........................................... �2_5-2.7 Construction Machinery, Equipment. etc ..................6.4 Continuing the Work ............................ ........ 6,29.10.4 Contract Documents — Amending..........................................................3.5 Bonds.......................................................... -.5.1 EIMC GEMMEL& COMNUOM 1910-8 OM El)rnmo W1 aTY OF FORT MIM MMMCAMOM 02' M Cash Article or Paragraph Number Change of Contract PrioQ .... ........ . ..................... I I Change of Contract Times ................. ...... ......... 12 Changes in the Work,,,,,,,,,,,,,,, ... 10.4-10.5 check and verify .................................................2.5 Clarifications and InterpretationsL .........................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 gencral3 Insurance...........................................................5.3 Intent........................................................3.1.3.4 minor variations in the Work ........... ............. 3.6 OWNER's responsibility to furnish data .............. 83 OW?,TEWs responsibility to make prompt payment ............. ............ 8.3, 14.4,14.13 precedence ................................................ 3.1.3.3.3 Record Documents 0.19 Reference to Standards and Specifications of Technical Societies ...................................3.3 Related Work ....................................................7.2 Reporting and Resolving Discrepancies......,, 2.5, 3.3 Reuse of 3.7 Supplementing ..................................................3.6 Term ination of ENGRdEER's Employment .. ...... 8.2 Unit Price Work ...............................................11.9 variations .......................................... 3.6, 6,23, 6.27 Visits to Site, ENGINEBWA .............................. 9.2 Contract Price — adjustment of ...............3.3, 4.1, 9.4,10.3. 11.2-11.3 Changeof ......................._.................................I 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 ........................ ... ........... ....... 12.1-12.4 Commencement of ............................................. 2.3 definition of .....................................................1.12 CONTRACTOR — Acceptance of InsuranK ............ ...................... 5.14 Communications ....................................... 6.2. 6.9.2 Continue Work ................................ ........ 6.29,10.4 coordination and scheduling ............................6.9.2 definition of .............................. . ..... .............. 1.13 Limited Reliance on Technical Data Authorized ... ............. ................. 4.2.2 May Stop Work or Term inste ............................15.5 provide site access to others ....................... 1.2,112 Safety and Protectim .................. 4.3.1.2, 6.16, 6.18, ............................ I ......... 6.21-6.23, 7.2,13.2 Shop Drawing and Sample Review Prior to Submittal........................................6.25 Stop Work requirements ... .............. ___41.5.2 CONTRAC.TOR'q Article or Paragraph Number Compensation .... ....................... .............. 11.1-11.2 Continuing Obligation.,,,,,,...._ ................. . .... 14.15 Defective Work ...............................9.6, 13.10-13.14 Duty to correct defective Work .......................... J3.11 Duty to Report — Changes in the Work caused by Emergency.......................... ....... 6.23 Defects in Work of Others..............................7.3 Differing conditions ...................................4.2.3 Discrepancy in Documents, ....... 2.5, 33.2, 6.14.2 Underground Facilities not indicatc4 .......... 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 *duaranW General Warra�i�' ....................... 0.30 Hazard Communication Programs ..................... ¢.22 Indemnification ........................6.12, 6.16. 6-31-6.33 Inspection of the Work,,,,,,,,,,,,,,,........... ..... 7.3,13.4 Labor, Materials and Equipment .................... 0.3-6.5 Laws and Regulations, Compliance by,,,,,,,,,,,,, 6.14.1 Liability Insurance..............................................5A Notice of Intent to Appeal .........................9.10, 10.4 obligation to perform and complete theWork ....................................................6.30 Patent Fees and Royalties, paid for by ................ 0.12 Performance and Other Bonds 5.1 Permits, obtained and paid for by .......................0.13 Progress Schedule ........................... 2.6,7-8.19,6.6. ........................................6.29. 10-4,15.2.1 Request for formal deci3ionon disputes ..... ......... 901 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 CON TRACTOks review prior to Shop Drawing or Sample submittal ................. 6.25 Coordination of Work ................................6.9.2 Emergencies ............................ ....... . ....... J5.23 ENGINEERS evaluation. Substitutes or "Or -Equal" Items... ...................... 6-7.3 For Acts and Omissions of Others 0-9.1-6.9-2,9-13 for deductible amounts,insurancx...................5.9 general ......................................... 6. 7.2, 7.3.8.9 Hazardous Communication Programs....,..... 6.22 Indemnification ................................... 6.31-6.33 vii EJCX- GENERAL COMMONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLLINS MODMCA71 ONS (REV "9) Labor, Materials and Fquipmcnn ..,,,_....... 6.3-6.5 Laws and Regulations .................. ............ _--6.14 Liability Insurance .............. _ ........................ 5.4 Article or Paragraph Number Notice of variation from Contract Documents ..................................... I .... 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 otf'regtured subm ivals.............................................15.28 safe structural loading.................................6.18 Safety and Protection,,,,,,,,,,,,,,,_,.-, 6.20, 7.Z, 132 Safety Representative .............. ........ ............. 6.21 Scheduling the Work ................................. 6.9.2 Shop Drawings and Sample* .......................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................6.7.1 Superintendence ........................................... Supervision..... . ....................... _.......... .......... 0.1 Survival of Obligations ......... ..................... _6.34 Taxes..........................................................615 Tests and lnspcctions-............. _-----_ ........ .... 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?,11.2 ........ 11.9,12.1,13.9.14.8,15.1,15.5,17.3 Safety and Protection„................6.20-6.22, 7.2, 13.2 Safety Representative ....................................... 6.21 Shop Drawings and Samples Submittal-.., 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 Other4.-,,,,,...15.8-6.11 Supervision and Superintendent:-......, 6.1, 6.2, 6.21 Taxes. Payment by...........................................0.15 Use of Premises ...............................----.--- 6.16-6.18 Warranties and guarantees .........................03, 6.30 Warranty of Title .............................................14.3 Written Notice Reopriral— CONTRACTOR stop Work or terminate ....... 15.5 Reports of Differing Subsurface and Physical Conditions ........................4.2.3 Substantial Completion. . ............................. 14.8 viii CONTRACTORS —other ..................... . ............... _. _... 7 Contractual Liability Insurance ............... .._.........,$A.10 Contractual Time Limits.........................................j2.2 Article or Paragraph Number Coordination-- CONTRACTOR's responsibility ......................... .9.2 Copies of Documents ............................................... 2.2 Correction Period. ................................................. 13.12 Correction, Removal or Acceptance of Defective Work-- in general ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,10.4.1,13.10-13.14 Acceptance ofDefective Work...........................13.13 Correction or Removal of Defective Work.................................6.30, 13.11 Correction Period............................................13.12 OWNER May Correct Defective Work..............13.14 OWNER May Stop Work............................._13.10 Cost — of Tests and Inspections....................................13A Records 11.7 Cost of the Work — Bonds and insurance, additional ...................11.4.5.9 Cash Discounts..............................................I1.4.2 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............................................I1.4.5.8 Payroll costs on changes.................................11.4.1 performed by Subcontractors...........................11.43 Recordsl 1.7 Rentals of construction equipment and machinery.,..__............................11.4.5.3 Royalty payments, permits and license fees_..........................................11.4.5.5 Site office and temporary facilities, ..............11.4.5.2 Special Consultants, CONTRACTORs,...........11.4.4 Supplemental ............................._. _.............. 11.4.5 Taxes related to the Work................... ........i1.4.5.4 Tests and Inspection.........................................13.4 Track Discounts.............................................11.4.2 Utilities, fuel and sanitary facilitiess.............11.4.5.7 Work after regular hours.................................11.4.1 Covering Work ..................................... .......... 13.6-13.7 Cumulative Remedies.....................................17.4.17.5 Cutting, fitting and patching ................................... 72 Data, to be furnished by OWNER ............................. 8.3 Day —definition of. ................ .............................. )7.2.2 Decisions on Disputes.. .................................. 9.11. 9.12 defective --definition of...........................................3.14 defective Work — Acceptance of ....... ............ ................. ._10.4.1.13.13 EtCDC GENERAL COMYTIONS 1910-8 0990 ®moon w/ CITY OF FORT COLUNS MOMMA11ONS (REV 9199) Correction or Removal of10.4.1, 13-11 Correction Period............................................13.12 in general.........................................13, 14.7. 14.11 Article or Paragraph Number Observation by ENGINEER,. 9.2 OWNER May Stop Work .......... ....................... 13.10 Prompt Notice of Defects...................................13.1 Rejecting..........................................................9.6 Uncovering the Work ........................... _........ 13.8 Definitions...........:_...............................I Delays ..................................... 4.1, 6.29, 12.3-12.4 Delivery of Bonds.....................................................z.l Delivery of certificates of insurance ...........................2.7 Determinations for Unit Prices., .............................. 9.10 Differing Subsurface or Physical Conditions — Notice of ...................... - . -.._.................. 4.2.3 ENGINEER's Review......................................4.2.4 Possible Contract Documents C.hange.............. A.23 Possible Price and Times Adjustment$,,,,,,,,,,,,, 4.16 Discrepancies -Reporting and Resolving..............................--2.5, 3.3.2, 6.14.2 Dispute Resolution — Agreement....................... ......................... 16.1-16.6 Arbitration ................................................16.1-16.5 genera116 Mediation ........................................................ J.6.6 Dispute Resolution Agreement.........................16.1-16.6 Disputes, Decisions by ENGINEER,,,,,,,,,,,,,,,,,,,9.11-9,12 Documents -- Copiesof.. ................... . ........ . .......................... 2.2 Retard 6.19 Reuseof. .............................. ).7 Drawings —definition o€...........................................1.15 Easements............................. .............................. ..4-1 Effective date of Agreement -- definition gf..............J.16 Emergencies .... ....................... ..._............ ... ............ .23 ENGINEER — as initial interpreter on disputes .................9.11-9.12 definition of.....................................................1.17 Limitations on authority and respon3ibilitie3,,,,, 9.13 Replacement of.............................._..................8.2 Resident Project Representative ..........................9.3 ENGINEERs Consultant -- definitian of,,,,,,, 1.18 ENGINEER's-- authority and responsibility, limitations on. ....... 9.13 Authorized Variations in the Work ,,,,,,,,,,,,,,,,,,,,9.5 Change Orders, responsibility for....... 9.7.10, 11. 12 Clarifications and Interpretations, 9.4 Decisions on Disputes .............................. 9.11-9.12 defective Work, notice of .... .............................. 13-1 Evaluation or Substitute Items ..........................63 3 Liability...................................................6.32, 9.12 Notice Work is Acceptable..............................14.13 Observations...........................................6.30.2, 9.2 OWNER's Representative .............__..........-..... 9.1 Payments to the CONTRACTOR Responsibility for.....................................9.9, 14 Recommendation of Payment .................. _14 4, 14.13 Article or Paragraph Number Responsibilities --Limitations on................9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,4,.2.4 Shop Drawings and Samples, review responsibility...............................................6.26 Status During Cmstruction-- authorized variations in the Wark.................. 9.5 Clarifications and Interpretatia*.................. 9.4 Decisions on Disputel......................... .9.11-9.12 Determinations on Unit Price...,,__ ..............9.10 ENGINEER as Initial Interpreter..___._ 9.11-9.12 ENGINEER's Responsibilities ................9.1-9.12 Limitations on ENGINEER's Authority and Responsibilities..............................9.13 OWNER's Representative..............................9.1 Project Representative ...................... ............9.3 Rejecting Defective Work ..................... _.......9.6 Shop Drawings, Change Orders andPayments.,... I ............................. ........ Visits to Site................................................9.2 Unit Price determinations.................................9.10 Visits to Site.....................................................9.2 Written consent require4 .,,,,,,,,,,,,,,,,,,,,,,,,,,,,,7.2, 9.1 Equipment, Labor, Materials and, ,,,,,,,,,,,,,,,,,,,,,,,,0.3-6.5 Equipment rental, Cost of the Work_„_.............11.4.5.3 Equivalent Materials and Equipment .........................6.7 error or am issions..................................................0.33 Evidence of Financial Arrangements .......................P.11 Explorations of physical conditions ....................... 4.2.1 Fee, CONTRACTOR's—Costs Plus ,,,,,,,,,,,,,,,,,,,,,,,,,,,,11.6 Field Order — definition of ................................ _................... 1.19 issued by ENGINEER ................................ 3.6.1. 9.5 Final Application for Payment..............................14.12 Final I nspectioq...................................................14.11 Final Payment — and Acceptance ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,...... 14.13-14.14 Prior to, for cash allownces ............................. A 1.8 General Provisions..........................................17.3-17.4 General Requirements — definition of.....................................................1.20 principal references tq..............2.6. 6.4.6.6-6.7. 6.24 Giving Notice, ..... .......................... __..................... 17.1 Guarantee of Work —by CONTRACTOR,,,,,.,,y.30, 14.12 Hazard Communication Programs .......................... 0.22 Hazardous waste — definition of.....................................................1.21 general.............................................................4.5 OWNER's responsibility for..............................8.10 EA, -DC OENEM COMMONS 1910.8 (1990 EDMOM w7 CrTY Of FORT COLONS MODIFICATIONS OtEV 9199) Indemnification..- . ..................._.4.Iz 6.16, 6.31-6.33 Insurance ........................................................... 3.3 Initially Acceptable Schedules ................................. 2.9 Pre«dance,............................................... .1, 3.3.3 Inspection-- Reference to....................................................5.3.1 Certificates of ... ............. ....... 9.13.4.13.5, 14.12 Safety and Protection ................................ 6-20. 132 Final ....... ................. ..... .._..- .................. .14.11 Subcontractors, Suppliers and Othery........... .8-6.11 Article or Paragraph Article or Paragraph Number Number Special, required byENGIb]EER.... ... _.............9.6 Tests and Inspections, ............................ _,.. 13.5 Tests and Approval ........................... K.7, 13.3-13.4 Use of Premises ................................................. 6.16 Insurance- Visits to Site ............. .......................................... 9.2 Acceptance of by OWNER...............................5.14 Liability Insurance - Additional, required by changes CONTRACTOR's............................................... 5.4 in the Work ..........................................11.4.5.9 OWNERs................................ ............................ 5.5 Before starting the Work .................................... 2.7 Licensed Sureties and Insurers................................. 5.3 Bonds and -in general .... ..... .... ..... ..... ......_,.., .... ...5 Liens-- CancellationProvisionA........................... .._......5.8 Application for Progress Payment .................. -.... 14.2 Certificates of _.................7-7, 5, 5.3, 5.4.11. 5.4.13, CONTRACTOR's Warranty of Title ....... .......... --14.3 ......I...5.6.5, 5.8, 5.14, 9.13.4, 14.12 Final Application for Payment .........................14.12 completed operations.....................................5A.13 definition of ................................................... _ 1.23 CONTRACTORS Liability..................................5.4 Waiver oC Claims ............................................ 14.15 CONTRACTOR's objection to coverage.............5.14 Limitations on ENGINEER's authority and Contractual Liability......................................5.4.10 responsibilities ... ..................... ......................... 9.13 deductible amounts, CONTRACTOR'& Limited Reliance by CONTRACTOR responsbility .............................. ...............5.9 Authorittd............................... ............_. ........4.22 Final Application for Payment ......................... 14.12 Maintenance and Operating Manuals -- Licensed Insurers..............................................5.3 Final Application for Payment ........ _................ 14.12 Notice requirements, material changes....... 5.8, 10.5 Manuals (of others)- OptiontoReplace .................. ...... ........._5.14 Precedence... ..........................................---3.3.3.1 other special insuraneq....................................5.10 Reference to in Contract DocumcnW........ .- ....... 3.3.1 OWNER as fiduciary for insurc4..............5.12-5.13 Materials and equipment- OWNER's Liability_ ---------------------------- ..............5.5 furnished by CONTRACTOR .............................. 6.3 OWNERS Responsibility .................................... 8.5 not incorporated in Wort;.................................. 14.2 Partial Utilization, Property Ltsurano;...............5.15 Materials or equipment -equivalent ....... .................. 6.7 Property .... ... ....... .... ....... ....... ..................... 5.6-5.10 Mediation (Optional)__.... ..................................... 16.7 Receipt and Application of insurance Milestones --definition of_ ..... e....................... _,,,,_.J.24 Proceeds..............................................5.12.5.13 Miscellaneous - Special Insurance ..... __._... ... ........5.10 Computation of Times,... ..... .................... .......17.2 Waiver of Rights ..............................................5.11 Cumulative Remedies.............. ......-17.4 Intent of Contract Documentg........... .......... ....... 3.1-3.4 Giving Notice. ................................................. _17.1 Interpretations and Clarification;.....................3.6.3, 9.4 Notice of Claim .................................,..,....... .... j7.3 Investigations of physical condition;........................4.2 Professional Fees and Court Costs Includc4 ........ 17.5 Labor, Materials and Equipment.._......................0.3-6.5 Multi -prime contracts ........................ ........... ....... ....... 7 Lands-- Not Shown or Indicated... ....................... .... . ........ 43.2 and Easements ?A Notice of -- Availability oC,,,---„,,,,,,,,,,,,,,,,,,,,,,,,,,„-,-,,,,,, 4.1.8.4 Acceptability of Prvlect,.......... -......... ................ I .13 Reports and Tests...............................................11.4 Award, definition oC ......................................... J.25 Laws and Regulations -Laws or Regulations-- Claim 173 Bonds .. Defem.13.1 Changes in the Work ...................... _._............ 10.4 Differing Subsurface or Physical Conditions....._ 4.23 Contract Documents ....................... ...... ............ 3.1 Giving............................................................1.7.1 CONTRACTOR's Responsibilities ..................... (k 14 Correction Period. defective Work....................13.12 Tests and Inspections ............................. .. ......... 133 Cost of the Work taxes................................11.4.5.4 Variation, Shop Drawing and Sample ,,,,,,,,,,,,,-,,,6.27 definition of.................................... ._......... ..... 1.22 Notice to Proceed- gcneral6.14 definition of ............................. ................... _...1.26 Indemnification.............................._......6.31-6.33 giving of............................................. ....2.3 EXEC CENEFLAL com3inoNs 1910-8 (1990 EDmor) w/ CSTY OF FORT COLUNS MODMCARONS (REV 9199) Notification to Surety ..............................................10.5 Observations, byENGINEER........... ......... 0.30,9.2 Occupancy of the Work ..................5.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR . ............... §.9.9.13 Open Peril policy form. Insaiwo; .........................5.6.2 Optionto Replace ....................................................5.14 Article or Paragraph Number "Or Equal' Items ......................................................15.7 Other work 7 Overtime Work —prohibition of, ................................. 6.3 OWNER -- Acceptance of defective Work ...........................13.13 appoint an ENGINEER ......................................2.2 as fiduciary ...................................... ........ 5.12-5.13 Availability of Lands. responsibility .....................4.1 definition o......................................................1.27 data, furnish . ................................................... _$.3 May Coff cd Defective Work ............................ 13.14 May refuse to make payment .............................14.7 May Stop the Work ......................................... ji.10 May Suspend Work, Terminate. ............. ............. $.8,13.10.15.1-15.4 Payment, make prompt ................... _$.3.14.4,14.13 performance of other work ................................. 71 permits and licenses, requirements._ ................ 0.13 purchased insurance requirements,,,,,,,,,,,,,, 5.6-5.10 OWNER's-- Acceptance of the Work..............................0.30.2.5 Change Orders, obligation to execut; .......... 8.6,10A Comm unications ................................................ 8.1 Coordination of the Work 7.4 Disputes, request for decisioq ............................9.11 Inspections, tests and approvaliq .................. P.7,13.4 Liability Insumok ............................................5.5 Notice of Defects ..............................................13.1 Representative --During Construction, ENG[NEERs Status ............... 9.1 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 rcspcnsibilitiie; 9.9 evidence of financial arrangement;; ........... _0.11 inspections, tests and approval* ..................... A.7 insurance. .............................. ...................... ;.5 lands and easements ................. ................... 8.4 prompt payment by .................... .......... ...... .83 replacement of ENGINEER ........................... $.2 rep" and tests ............................. .............. 8.4 stop or suspend Work ............... _A.8, 13.10.15.1 terminate CONTRACTORs services .......................................... $.& 15.2 separate representative at sit; ............................. P.3 testing, independent,,,,.,,.., use or occupancy of the Work written consent or approval required....................... 13.4 ........5.15, 6.30.2.4, 14.10 ,.9.1. 6.3. 11.4 rJCDC GENERAL CONDITIONS 1910 -8 (1990 EDITION w/ CITY OF FORT COLLINS MODWICATIONSOkEV 9199) Article or Paragraph Number written notice required ........................7.1. 9.4. 9.11. .......­lI.Z 11.9. 14-7. 15.4 ..........11.2, PCBs - definition of ' ................ . .... ...................... 1.29 general............................................................. 4.5 OWNERs responsibility fa .................. 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 CONTRACTORs Warranty of Title., ..... ......... 14.3 Final Application for Payment .........................14.12 Final Inspection ..............................................14.11 14.11 Final Payment and Acceptance ............... 14-13-14.14 general.........................................................11.3, 14 Partial Utilization ............................. .............. 14.10 Retainagc..........................................................14.2 Review of Applications for Progress Payments., ............... . ........... j4.4-14.7 prompt payment._..............................................5.3 Schedule of Values, .................................. ......... 14.1 Substantial Completioc, ......... ­ . .............. J4.8-14.9 Waiver of Claims .............................................14.15 when payments due ................................14.4.14.13 withholding payment ........................................14.7 Performance Bends ..................... I .......... ........ Permits.............................. . ............................ k.13 Petroleum -- definition of...._ . . ................... ................. . ... 1.30 general.................................. .......................... 4.5 OWNERs responsibility for ................. ............. 8.10 Physical Conditions -- Drawings oL in or relating to ........................ 4.2.1.2 ENGINEWs review .........................................4.2.4 existing structures ............................................4.2.2 general4.2.1.2 ---- .................................................. Notice of Differing Subsurface or ..................... 4.2.3 Possible Contract Documents Change ...............4.2.5 Possible Price and Times Adjustment; ..............4.2.6 Reports and Drawings ...................................... 4.2.1 Subsurface and, ..................... ......................... ...4.2 Subsurface Conditions .............. 4.2.1.1 Technical Data, Limit�d 0'-C'b� CONTRACTOR Authorized ....................... 4.2.2 Underground Facilities -- general........................................................ 4.3 Not Shown or Indicaed..............................4.3.2 Protection ............. .......... 4.3,6.20 Article or Paragraph Number Shown or Indicated ....... .................... ................. ­43.1 Technical Data ........ ....................... ..... . ....... 4.2.2 Preconstruction Confereneq .............. .......... ........... 2.8 Preliminary Matters .....................................................7 Preliminary Schedule;..............................................2.6 Premises. Use of .............................................. 6.16-6.18 Price, Change of Contract ........................... ............... I I Price, Contract --definition of .................................. 1.11 Progress Payment, Applications for..........................14.2 Progress Payment--rctainage...................................14.2 Progress schedule, OONTRACTORk ........... 7-6,18, 2-9, ................................. 6.6, 6.29. 10.4,15.2.1 Project -definition of .............................................. 1.31 Project Representative-- ENGD-IEERs Status During Constructiork ............ 9.3 Project Representative, Resident --definition of ........ 1.33 prompt payment by OWNER .....................................8.3 Property Insurance -- Additional .........................................................5.7 gencral5.6-5. 10 Partial Utilization ................................ 5.15.14.10.2 receipt and application of proccadq .......... ­ S. 12-5.13 Protection, Safety and .............................. fi.2U.21. 13.2 Punch list .................. ­­­. . ........ -t4.11 Radioactive Material— defintionof ............................... ..................... J.32 genera14.5 OWNER's responsibility for ..............................$.10 Recommendation of Payment, ................ )4.4,14.5,14.13 Record Documents ........................................ j6-19.14.12 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 ofDofechiv Work ................ j3.11 rental agreements, OWNER approval rcquirc4 .... 11.4.5.3 replacement of ENGINEER, by OWNER ..... j .............. JI.2 Reporting and Resolving Discrepancies ................................2.5, 3,12, 6.14.2 Reports -- and Drawings .......... .................... ­ ................ :4.2.1 and Tests. OWNER!s responsibility .......... .......... $.4 Resident and Project Representative - definition of ....................................................1.33 provisionfor ............................................................. 9.3 xii EicDc GcNEmAL co?"TIONS 1910-9 (1990 EDITION) w/ CITY OF FORT COLLINS MODrRCATIONS (REV 91") ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. Article or Paragraph Number Resident Superintendent, CONTRACTOR'S ............... 6.2 Responsibilities— CONTRACTORs-in general..................................6 ENGINEER's-in general ....................................... 9 Limitations on... ...... ................................... 9.13 OWNER's-in general ............................................? Retainage................................................ ............ 1.4.2 Reuse of Documents..................................................3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal .........................6.25 Review of Applications for Progress Payments.....................................14.4-14.7 Right to an adjustment........................................_J10.2 Rightsof Way... ...... _............. _....................... _...... 4.1 Royalties, Patent Fees andl.....................................6.12 Safe Structural Loading ........................... ...........0.18 Safety -- and Protection................................43.2, 6.16, 6.18, _......_.................._..... 6.20.6.21, 7.2, 13-2 general ..........._........................................0.20-6.23 Representative, CONTRACTOR's.......................0.21 Samples -- definition of... ................................................... 1.34 general.................................................... 6.24-6.28 Review by CONTRACTOR ..... ....... .................... 6.25 Review by ENGINEER_ ........................... §.26,6.27 related Work.....................................................6.28 submittal of...............................I...................6.24.2 submittal procedures ....... .................................. b 25 Schedule of progress .............................2.6, 2.8-2.9, 6.6, ....................................6.29. 10.4. 15.2.1 Schedule of Shop Drawing and Sample Submittals..............................2.6, 2.8-2.9. 6.24-6.28 Schedule of Velucs.............................. 2.6, 2.8-2.9, 14.1 Schedules -- Adherence to..................................................15.2.1 Adjusting...........................................................6A Change of Contract Times.................................10.4 Initially Acceptable ...................................... 2.8.2.9 Preliminary ..............................-.........................2.6 Scope of Changes......................................10.3-10.4 Subsurface Conditions........................................4.2.1.1 Shop Drawings -- and Samples, general.................................6.24.6.28 Change Orders & Applications for Payments, and,.- . ........... .........._.......,9.7-9.9 definition of......................................................1.35 ENGINHER's approval of ................................ 3.6.2 ENGINEER's responsibility for review ..................................... 9.7, 6.24-6.28 related Work ............................... ..................... 6.28 review procedure.-,... ........................... �1 8, 6.24-6.28 Article or Paragraph Number submittal required .... ......................... ................. 6.24.1 Submittal Procedures .................. _..................... .25 use to approve suhstitutimg .............................. 6.7.3 Shown or lndicatcd...............................................43.1 Site Access......................................................7.2, 13.2 Site Cleanliness......................................................0.17 Site, Visits to - by ENGINEER ..... ................................ ...... .2,13.2 byothers..........................................................13.2 "special causes of loss" policy form, insurance ........................................................5.6.2 definition of. ........ __................ -......................136 Specifications- defination of ............................ -_... _........ ......J36 of Technical Societies, reference tp.... _............ 33.1 precedence......................................................3.3.3 Standards and Specifications of Technical Societies........................................1.3 Starting Construction, Eefare,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,2.5-2.8 Starting the Work.. .... .......... ................................. ...7.4 Stop or Suspend Work -- by CONTRACTOR ............................. ............. by OWNER.....................................8.8, 13.10,15-1 Storage of materials and equipment ....................4.1, 7.2 Structural Loading, Safety ....................................... 6.18 Subcontractor- Concerning...............................................6.9-6.11 definition of .............................. _.................... 1.37 delays............................... __....... ................. .12.3 waiver of rights................................................6.11 Subcontracturs--in general., ............................... 63-6.11 Subcontracts --required provisions,,,,,,,,, 5.11. 6.11, 11.4.3 Submittals - Applications for Payment ............................. _,,,141 Maintenance and Operation Manuals..............14.12 Procedures.......................................................0.25 Progress Schedules ..................................... 2.4 2.9 Samples ............_..... ............................ .... 0.24-6.28 Schedule of Values.....................................2.6, 14.1 Schedule of Shop Drawings and Samples Submissions; ............................_......2.6, 2.8-2.9 Shop Drawings ........................................ 6.24-6 28 Substantial Completion— certification of............................b.30.2.3. 141-14.9 definition of,....................................................1.38 Substitute Construction Methods or Procedure* ........ .7.2 Substitutes and "Or Equal" Items...............................63 CONTRACTOR's Expensq............................0.7.1.3 ENGINEER's Evaluatiwl6.7.3 "Or-Equal"...................................................6.7.1.1 Substitute Construction Methods cut EJCDC GENERAL CONDITIONS 1910.8 (1990 ED1710M w/ CITY OF FORT COLLINS MODIRCA770M (REV 9/99) Article or Paragraph Number or Procedures .................................... ......... 15.7.2 Substitute Items 15.7.1.2 Subsurface and Physical Conditions — Drawings of, in or relatug to„......................:4.2.1.2 ENGINEER's Review ...................................... 4.2.4 general..............................................................4.2 Limited Reliance by CONTRACTOR Authorized ...................-- ........................4.2.2 Notice of Differing Subsurface or Physical Conditions.........................................4.2.3 Physical Conditions.......................................4.2.1.2 Possible Contract Documents Change...............A.2.5 Possible Price andTimes Adjustments...............4.2.6 Reports and Drawings .................................... 4.2.1 Subsurface and..................................................... 4.2 Subsurface Conditions at the Site .................. 4.2.1.1 Technical Data.................................................4.2.2 Supervision— CONTRACTOR's responsibility ...........................6.1 OWNER shall not supervise................................8.9 ENGINEER shall not supervise...,..,_,.,,,... .2. 9.13.2 Superintendence.. . ....... ................... ....................... 6.2 Superintendent, CONTRACTOR's resident...............0.2 Supplemental costs, .............................................. 11.4.5 Supplementary Conditions — definition of......................................................1.39 principal references tq.................).10, 1,18, 2.Z 2.7, ...................... 4.2, 43, 5.1, 5.3, 5.4, 5.6-5.9, ,,......... 5.11. 6.8. 6.13, 7.44 8.11, 9.3. 9.10 Supplementing Contract Document* ......................8.6 Supplier -- definition of.....................................................1.40 principal references t4........... 3J, 6.5, 6.8-6.11, 6.20, 0.24, 9.13. 14.12 Waiver o[Rights...............................................6.11 Surety — consent to final payment. ....................... 34.11 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 ........ ............... J3.10, 15.1 Suspension of Work and Termination- .................... .15 CONTRACTOR May Stop Work or Term inate....................................I.........15.5 OWNER May Suspend Work.............................15.1 OWNER May Terminate............................15.2-15.4 Taxes --Payment by CONTRACTOR, ........................ 0.15 Technical Data — Limited Reliance by CONTRACTOR .................4.2.2 Possible Rice and Times Adjustments..............4.2.6 Reports of Differing Subsurface and Physical Conditions ................................... 4.2.3 ziv Tcmporary construction facilities_____.__,...,.. _. 4.1 Article or Paragraph Number Termination — by CONTRACTOR...........................................15.5 by OWNER........................................8.9, 15.1-15.4 of ENGINEER's employment...............................g.2 Suspension of Work-in general .............................15 Terms and Adjectives..............................................3A Tests and Inspections -- Access to the Work, by others ...........................J3.2 CONTRACTOR's 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 ..........................J3.4 special, required by ENGINEER ......................... 9.6 timely notice required......................................13-4 Uncovering the Work, at ENGINEER's request.................................................13.8-13.9 Times-- Adjusting..........................................................0.6 Change of Contract ..... ....... ...._...-...................... 12 Computation of .................. . ............................ 17.2 Contract Times --definition of,„...................._..J.12 day............................. _........................ 17.12 Milestones........................... ..:_.......................... J 2 Requirements. - appeals.............................. _................. 9.10. 16 clarifications, claims and disputes.................9.11, l l.2, 12 Commencement of Contract Times, ............... 2.3 Reconstruction Confereneq ...........................7.9 schedules ... .......................... .-..........2.6.2.9, 6.6 Starting the Work.......-__..........................2.4 Title, Warranty of................................................14.3 Uncovering Work ................. ........................... 13.3-13.9 Underground Facilities, Physical Conditions — definition of....................................................1.41 Not Shown or Indicated...................................4.3.2 protection of ............................................. 4.3, 6.20 Shown or Indicated.........................................4.3.1 Unit Price Work — claims......................... _.............................. 11.9.3 definition of....................................................J.42 generall1.9, 14.1, 14.5 Unit Prices-- generall1.3.1 Determination for ............................................ 9.10 Use of Remises................................6.16, 6.18, 6.30.2.4 Utility owners ............................. §,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..................................................31.3 Values, Schedule of..............................z6, 2.8-Z9. 14.1 EXI)C CENERAL COmxnONS I91a-8 (t99a EDITION) w/ CITY OF FORT COUXNS MODIRCATIONS OtEV 91M Variations in Work —Minor Authorized ....................................... 6.25, 6.27, 9.5 Article or Paragraph Number Visits to Site —by ENGINEER ................................... 9.2 Waiver of Claims --on Final Payment .....................14.15 Waiver of Rights by insured partico .................j.l 1, 6.11 Warranty and Guarantee, General --by CONTRACTOR................................................0-30 Warranty of Title, CONTRACTORS......„ ................14.3 Work -- Access to.........................................._..............13.2 byothers, .............................................................. 7 Changesin the.....................................................10 Continuingthe..................................................0.29 CONTRACTOR May Stop Work or Terminate, .......... ........... ....................... 15.5 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 Startingthe..........................................................4 Stopping by CONTRACTOR.............................15.5 Stopping by OWNER.................................15.1-15.4 Variation and deviation authorized, minor ........... 3.6 Work Change Directive — claims pursuant to.............................................10.2 definition of... ..................... . .. . ........................ 1.44 principal references tq......................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, 6.8.2, 6.19, 10.1, 10.4, .... -.................. ...11.2, 12.1, 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, 10A, 11.2, 13.14 nr E1CDC GENERAL COrromONS 1910.8 (1990 EDITION w! CITY OF FORT COLUNS MODOCATIONS (REV 91") (This page left blank intentionally) xvi ERDC GENERAL comxnom 19IO4 (199a EDMON) w/ CITY OF FORT COLUNS MODWICATIONS (tEV 9199) GENERAL COMMONS ARTICLE 1—DEMNMONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to boll[ the singular and plural thereof: 1.1. Addenda —Written or gmphic instruments issued prior to tic opening of Bids which clarify. correct or change the Bidding Requirements or the Contract Documents. 12. Aggreement--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. 13. Application for Payment —The form acceptedby ENGINEER which is to be used by CONTRAC R 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 action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid —The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding Dcrtonents—The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements --The advertisement or invitation to Bid instructions to bidders, and the Bid form. 1.8. Bondi —Performance and Payment bonds and other instruments of security. 1.9. Change Order —A document recommended by ENGINEER, which is sigraxl by CONTRACTOR and OWNER and authorimes an addition deletion or revision in the Work, or an adjustment in the Contract Price or the Confct Times, issued on or after the Effective Date of the Agreement 1.10. Contract Documents —The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the E1CDC GDEML CONDITIONS 1910-8 (1990E(Stim) w! a TY OF FORT COLLINS MODIFICATIONS O EV 4r'�000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs,15, 3.6.1 and 3.6.3 on or alter the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the repass 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 stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract Times —The numbers of days or the dates stared in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13, 1.13. CONTRACTOR --The person, firm or corporation with whom OWNER has entered into the Agreement 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of fuel payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings --The drawings which show the scope, extent and character of the Work to be 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. Effective Date of the Agneement—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. ENGMEER—The person form or corporation named as such in the Agram ent. 1.18. ENGINEER's Consultant --A person, firm or corporation having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Dreier —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragrat�h 9.5 but which does not involve a change in the Contract ce or the Contract Times. 120. Geneml Requirements —Sections of Division 1 of the Specifications. 121. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 122.a, Lars• 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. Legal Holidmn--shall be those holidays observed by the City of Fort Collins. 123. Liens —Liens, charges, security interests or encumbrances upon real property orpesnnal property. 1.24. Milestone --A inctpal event specified in the Contract Documents reKting to an intermediate completion date or time prior to Substantial Completion of all the Wok. 1.25. Notice ofAwan:—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. 126. Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) firing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 127. OWNER —The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 128. Partial Utilization —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_ 1.29. PCBs—Polychlorimated bipheriyls 130. Petroleras--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degas Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mired with other non-Iazardous Wastes and crude oils. 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32.a. Radioactivv Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of EJCDC OEIgRAL CONDftIOM 1910$ (1990 E(ition) wi aTY OF FORT COLD M MODIFICAT10N5 (REV 42000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1 32.b. Regular Woridrtg Hours —Regular working hours are defined as 7 00am to 6 OOpm unless otherwise specified in the General Requirements. 1.33. Resident Project Representative —The authorized representative of ENGINEER who may be assigned to the site or any part thereoll 1.34. Samples —Physical examples of materials, 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 135. Shop Dmxdngs—All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and bubmitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specrfrcationt Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor —An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion —The Work (or a specified part 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 purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completim thereof 1.39. Supplementaq' Conditions —The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier —A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to famish 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 encasements containing such facilities which have been installed underground to famish any of the following services or materials: electricity. gases, steam. liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Utrit Price N'ork-Work to be paid for on the basis of unit prices. 1.43. Rork -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 finrnishigg and incorporating materials and equipment into the construction. and performing or furnishing services and furnishing documents, all as required by the Contract Documents. 1.44, Rork Change Directtve-A written directive to CONTRACTOR issued an or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies trader paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a Subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Tines as provided in paragraph 10.2. 1.45. Written Amendment -A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or afar 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-PRELMUNARY MATTERS Delivery of Bomb: 21. When CONTRACTOR delivers the executed Agreements to OWNER CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies ofbocamentr 2? OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary fir the execution of the Work. Additional copies will be furnished upon request, at the cost of reproduction. Commencement ofConbaci Times, Notice to Proceed 2.3. The Contract Times will commence to run on the thirtieth day after the Effective fate of the Agreement, or, EJCDC OENEM CO141XMONS 1910-5 (1990 Editim) wJ CITY OF FORT CCLIINS MODIFICATIONS (REV 42000) if a Notice to proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty dayx afta the Effective Date of the Agreement r- - w11 'he Qmsmsl T:___ of -Bid -opening orthe thirtieth day a fter-fhe-l:tfective Nate ofthe-rgreement; whichever-dateis-earlier.. Starting the Work: 2A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to tun, but no Work shall be done at the site prior to the date on which the Contract Times commence to run. BeforeStarring Constnrcdon: 15. 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 shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sample Submittals which will Iist each required submittal and the times for submitting, reviewing and processing such submittal; 2.62.1. In no arse will a schedule be. acceptable which allows less than 21 calendar days for each review by Engineer. 2.6.3. A preliminary schedule of values for all of the Wok which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component, pans in sufficient detail W 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. 27. Before anv Work at the site is started. CONTRACTOR and OANHR shall each deliver to the eillim OWNER with copies to dent fied in the entwy�aions ENC NF.F.R certificates of insurance (and other evidence of insurance Feasonabb- .t recuested by OWNERI which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.4, 5b-w4t ". Preconstructfon Conference: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shot Drawing and other submittals processing Applications for Payment and maintaining required records. Irnitfally Acceptable Schedules. 2.9. Unless otherwise provided in the Contract Documents AppHcetien fob before anv work at the site beC a conference attended by CONTRACTOR, ENGINEER and others as appr T file d� to ed by OWNFR will be held to raiew for acceptability to ENGINEER as provided below the schedules submitted in accordance with patagraph2.6. apd Division 1 - t;Mgal�3eyuyetiterJt� CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing scheduling or progress of the Wort: nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing, and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR'S schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3—CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent. 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by me is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2 It is the intent of the Contract Documents to EJCDCUENERAL CONDITIONS 1910-9t ME(ition) w/ CITY OF FORT COLLI N5 41ODIFICATIONS (REV 4R000) 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. 33. Reference to Standards and Specifrrmions of Technical Societies,- Rqw ing and Rewlving 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 spocificabon, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. lf; 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 paragraph 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 discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 33.3. 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 paragmph3.5 or 3.6. the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. die 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, cc& 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 furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provision or paragraph 9.13 or arty other provision of the Convect Documents 3.4. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or teems 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 judtmnent of ENGINEER its to the Wurk, it is intended that such rcqu cement, d rection review or judgment w ll be solzly to evaluate, in general, the completed Work tor compliance with the requirdments of anti information in the Contract Documents end catfor n we with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to 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 andSupplementing Connect 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 mereof the following ways: 3.5.1. a formal Written Amendment, 3.52. a Change Order (pursuant to paragraph 10.4). or ER9C OEt&RAL C011UXMONS 1910-8 (1990 Edniao) W C TY OF FORT a)LEJM MODIFICATIONS (REV 412000) 3.5.3. a Work Change Directive (pursuant to paragraph 10.1)- 3.6. In addition. the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may he authorized, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER'sapproval of a Shop Drawing or Semple (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. FNGINEER's written interpretatiwr or clarification (pursuant to paragraph 9.4). Reuse ofDocumentL 3.7. CONTRACTOR. and any Subcontractor or Supplier or other person or organization perfommdn$ 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 hearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extension of the project or any other project without written consent of OWNER and ENGI1v"EER and specific written verification or adaptation by ENGINEER. ARTICLE 4-AVAELABIIdTY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4railability of Lon& 4.1. OWNER shall furnish 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 useofCONIRACTOR Upon -raesonablewrinentequest, OWNER shag r.._'.h nn3k9n AGFQ 4th statemantopFeeoFd�egel-aria-etaf legal-dewFtpt{on-©f-th2 lands --upon -and OW NER s.-interest-notice of -or --filing.. a-mechanics-4i"ainst-ueh-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 Work. 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 on 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 OWNS -Ms fumiihing these lands, rights -of - way or easements, CONTRACTOR may make a claim therefor as provided in Articles 11 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..1 Subsurface and Physical Conditions. 42.1. Reports and Drawings: Reference is made to the Supplementary Condition for identification of 42.1.1. 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 42.12. Pk- ical Condtions: Those drawutgs 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 Documents. 4.2.2. Limited Reliance by CONTRACTOR Atdhorized• Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Condition. 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 repots 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 4222. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4223. 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 Condi icvrs. If CONTRACTOR believes that arty subsurface or physical condition at or contiguous to the site that is uncovered or revealed either. 423.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2 2 is materially inaccurate, or 42.32. is of such a nature as to require a change in the Contract Documents, or 4.2.3.3 differs materially from that shown or EXI)COENERAL CONDITIOM 191"(090 Editim) Wt CITY OF FORT COLLINS MODIFICATIONS (REV 4r2000) indicated in the Contract Documents, or 4.23.4. 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 Docum errs; then CONTRACTOR shall, pmmptly immediaigly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph23� notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 42.4. ENGINEER'S Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNERS 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 oft condition that meets one or more of the categories in paragraph 4.2.3. a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change, 4.2.6. Possible Price and Times Adustments. 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 CONTRACTOR's cost of, or time required for performance K the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.23.1 through 4.2.3.4, 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; 42.6.3. with respect to Work that is paid for on a Unit Price Basis. arry 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 Cantract Price or Times if. 4.2.6.4.1. CONTRACTOR knew of the existence of such conditiora at the time CONTRACTOR made a final commitment to OWNER in respect of Corwact Price and Contract Times by the 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 submission of a bid or becoming bound under a negotiated contract, or 4.2.6.4.2. the existerice of such conditiat could reasonably have been discovered or revealed as a result of any examination, investigation, exploratiorn, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment, or 42.6.4.3. CONT'RACI'OR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not 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. 43. Physical Condltions—Underground Facilities: 43.1. Shown or In&cared.• The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data, and 43.1.2. 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 Documents,(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 paragraph6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or Inchcated: 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, prompNy immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.23). identify the owner of such Underground Facility and E)CDC OENERAI. COWITIOM 19105 (1990 Edlticm) sv/ CITY OF FORT COUIM MODIFICATIONS OtEV 42000) give written notice to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR t;hell may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they' are attributable to the musterice of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contact Times, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGTNEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project Referarce Peinra.• 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed a 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, Hazardous Waste or Radioactive Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs. Petroleum. Hazardous Waste or Radioactive Material uriGmered 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 caroperty exposed thereto in connection with the Workat the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. 45.4--CONTRACTOR shall- mmediately:-{Jj stop all t Lo'11� _mi r'M__Mooney as raquira:, y' F�aHepss .c��, tii�ma suoh-notiee-irl-writh-�3i1=NEiR-shall-Pr'°mPNY convult with-ENGI�dE corteerntr p ihe-necessity .for OWNER -to ratters qualified expert -to -evaluate -such CON'TRAE'fOR-thall-nut bertquiredtoresume Work any -required -Permits-related-thertwand-Mtvered 4l3 that-suehcondition and any a#eatad anon s er�tasbeert r.:�....__ .ripe �_a ._f_ly If r�urwmu __a F9NT R4E 1'ORrt aruwt-agree-ems to entiEta or the amount of C�re:,t�-a++-er#it�stax+a�f-any, m Centro -a we ix Omm-, ival Work stoppagea�rsuGhs,I'oo'eanditims-undetwhilah 31 edc is _.a L. Cnhrro ACTno .. he F .-El eitherpartymay -make 'a PIA :�mm theFpfar�•�f... as_FX , dAd M 4.5.3. if ft e Feeeipt Of SUGh i`.TitteTTvvoe CONTRACTOR doesnotagree-to-resume such -work ,L.. ij1AFk *L••,mci-'-a. rite .:sL �.. �L L_M_A_u.9 . n',.hm rvr h-an•,..._a _ L_ .1_1_._a from the, 111...E If 01;n[ER `^1• agree as -to entitlement -to or -the amount -or ertantof an either-party-may-muk" clamt-4wefa as -provided -in ,41ielea-11 and 112 ^v:i�aT'cm'cv�m'ri-..48,44 ai4ete 1 portion -of the-Work-perfomnerf-by-OWAiH s-own fora sorcNhers u"w4ordance-with Arfiole-7- Regulations,--OWNHK ha,l-indetnnily 1, rr ld hariuless--GONTRACfOR,--- Subcontractors, e€ficzes�direcfe�--emp]oYres;—agents--otltar <zir�uhanh--and-�utz�aarla;t<xs-�[-axch und-any-of them-from-and-egninst-all-claims--eosl�-losses and damagts-arisutg-out-oFor- resulting---Treys-such hamrdtwsoendiI i . cost: --loss ordemage--is-attributable-to bodilyyrrjury: Of tangibledisease OF . .. FOP"' (ilim than the Wadi itself) including the -loss of -userresw1ing--therefrom, and (a}nothing-in-ih6 -subparagraphs-S4,9 all -obligate OWNER -to -indemnify any person -or entity --from and agama Rues of that pamoris OF enl4y'.. own negligence: not intended to apply to Aihesto-, P(31;,k Petroleum b[ae�F,leu- WAgle or Radieaetita-Materiel one l-ff0d er-revealed at the site EJCDC (XI U AL CONDITIONS 1910-9 0990 Edition) w! CITY OF FORT 00LUNS MODIFICATIONS (REV 42000) ARTICLE S-BONDS AM MSURANCE Performance. Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due. except as provided otherwise by laws or Regulations a by the Contract Doeuments. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions, All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Stag, Bureau of Government Financial Operations, 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 5.1. CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER 5.3. licensed Sureties and Insurers; Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or irtsurance policies for the limits and coverages so required Such surety and insurance companies 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 arry other additional insured) which CONTRACTOR is required to purchase aryl maintain in accordance with paragraph 5.4. OWNERshall dAivnt to C-Q=_ R AnTnr] With ..,_.:.,.. , AGh additional--insureCl.._NlCnlfftCd-IR-tlle"aStlt7 emeiltalj' fir am, other add. . reqused-to Pun hese andtaaimein-in-awcsdertaowiEh pamgraphs-5 b and 5-Zbereof CONTRACTOR'aLiabitity Insurance.- 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligation under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone direcdy or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' Compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of hodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 5.43. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 544. itlaims-for-damages-4wzed-by-customary sr diF0905' of Want-ef-sucq-geruxt-by t'lwrro nrrnu .,_ ao h). __ _.t_. PeFSGR fIRP-11fly edw Feaser4- 5.4.5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property whecvcr 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 respect of professional liability). OWNER. ENGINEER, ENGINEER'S Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective offices and employees of all such additional insureds: 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater, 5.4.9include completed operations insurance; EJCDC GENERAL. CONDITIONS 1910-8 (1990 Editim) Wi CITY OF FORT COLUNS MODIFICATIONS (REV 4200a) 5.4.10. include contractual liability inswrance coveting CONTRACTOR's indemnity obligations under paragraphs 6.12. 6.16 arc] 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 given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insia ance has been issued (and the oenificntes of insurence furnished by the CONTRACTOR pursuant to paragraph 53.2 will so provide); 5A.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting. removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall famish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWNER's Liability Insurance: 5.5. in addition to insurance required to be provided by CONTRACTOR under paragraph5.4, OWNER, at OWNER'S option, may purchase and maintain at OWNMs expense OWNER's own liability insurance as will protect OWNER against clams which may arise from operations under the Contract Documents Property Insurance: 5.6-14ttles otherwise -provided- m—die -Su ppknwn tary Copnpdyiittions—OWNER. _shall-purchase-end-inaintein of-tlte-€ill-replacernent--cost-�kereof (subject -to strEh dadtRY46llS-91118FFritS-H.r�T•m�---w--taiaF, a"'nmel—ir—"vT'.a Supplementary--Conditions-or--regtured-by-Laws--and Regulations).-Thisinsuranoeshakl: 5-" =—u.lde-- he----interests—eC—�WN£rR 1TR 4(24-C. LTTI`1TTr.'D ".-��o.OR entities-ideraified- in-t1w-Supplementary-E',onditio.ts; each of -whom is -deemed to have-ao-inmrable-irttere� andshall-lta-listed as an insured or —additional —insured: W 2—be -written- on..a Builder's -Risk-"-all-risk"--or sag at� the w-etaended cov.siege.-thaA-vende}isttr-encl-malicious-tnisuluaf; 5.6.3: -include -eKpenses-incurred-ar the _repair -or replacement of any insured -property (ncludingbwt-nd limit a to fee, And ,a,.......s of engirwersr-imd erelukc&Y, 5.64 stomei-at-� or-avanMher-Iocaticn-ftt was- agreed 11) in -writing by GIAWER P.9W to be- I_ provided that such matey akand equipment have bean amen oil by-��rc1 MF�atai-panpeft 115 ..J_ -...Tess athe -_ agme lvt—tr_,ni-'writi'.O ~'T llttrl.lL'D (�/lhTTDrt (`T(lD An', L�1((�p�_��t -written notin-�.o--.,w•......nh -ether- addition{ whom " ets4ifieebe of . ice bee i55t� 5..7. CM7?;FR shall pur<ha a w%-mamtaln-.iucii- tiller ANd nRr, ranee as -may -be required by the Supplementary Conditions or Laws (lttm. nnwde the interests of 0,1 11,e'rDA"t c..L.....n_......... L`MY_1\rC L'D a Gi4sA kL'D.,.cv.cv tea is -deemed -to -hove an-imarable-inn ^�,da` H-be�stad-as An m5l.-FAII nd maintained -by 0Vv74ER in aecordance-with paragraphs 5k coverage- -atfordai- will -nos -be -cancelled -or-materially chmiged or renewal -refused -until -at -least -thirty -days' -prior written --notice .has ..-.been-'ptiven---no---OWNER--and whom-a-oartifioate-of-irtsumnoe-has been -issued -and -will consaiti—�vaivar—prcwisiotts—in---- accordance -_ with raffieffiph S.11- 59. OWNER shall not be respon&W for purchasing and maintaining any property insurance to protect the "ere= of CONTRACTOR, Subcontractors or others in 'he Wed- le the dentifzzed in-Ure$upPlatr<rttery-Gorxlilioro--1'ha risk of -ba-Ix"e by GGNTRACT-G& Subcontractor oF mly such -loss-and-ifa-w of-them--wishes-property-insurance cwenwe'--within--the--lunilsof such -amounts, -each may purehaseand maiTA rn-wat4hapurchawvf,-ow"xpe w. �.ii�—i�iiitt'r`�'�iF^f�R-FUf1ie7715-1ltiVlltlri�-illel- Ol}ler insurance Chan !)nor to �y�ppT6prkBl< E)CDCOENFRAL CONDMOM 191" (1990 Edtien) 10 w/ CITY OF FORT COLLINS MODll7CAMNS(REV41200a) contmencementof the, Wore et the-site-0WNTiR shall in S. l-I-.-l-.--OWNER-and-CON-TRAC-TOR-urtend "t-all policies- purchnsed-in qocordanoe-wWM*mgmphs4G end 5.7 will p`'t h11rA4:D 0V G4D er;T9 Subcontractors. ENG1NRB&—ENGFNEER's Consultants Aral al the SWPP'OffiefitiFy 90FIdItiQfW to be 6_18d AS ImaFads-cv-Add It ic'rnAl-tnvarerk-tn-sueh-pelretes- and ..:n _ .ide ._ _ r _ ON 1......_,. .._a damages-eausedA) �-perils-eov"red-thereby ,adl payment of any low or damag RFs will ihC--HF—LLtf\11 against dime in - addition; - waive all all sut'17. _rlghL4-$gatna So Olen, - .n iNGP ..o.. Consultantsand-aA other-per:ans sir arltitiesidentttied payabk trndarany pn 4-so'issued agairesF— fAP3CTAR--Subccat9actt officers-�ircoters, employees -and -agents -of -any -of them, for-: _. ._. . of-use-or..otheF-..consegaential lass- extending beyond -direct.. -physical ....-loss or damage -to arising coots -of resukirtg frem�tre a -cuter peril; whnether_ar.mx.insumd-by$Wt3FiFZti and -SA-P 2--loss-or-damage-to-Nie=pleted resulting Gom-fie or atiter imtued pail uor<red on 4he during - -partial—atilirttticxt—ptasuant�e parmgaph � 4.Nt, -after-Subsllaslial-C-anpktion pursuant to paragraph-}4goFali x-fine}-paymem se flect the ftfr cunsagt� greys will-have-rto-Fights-of recovery--egeirtst-arty-of -CC1A*fI2t1C-T8&-Subeoraraatxs. ReceiptandApplicatian oflnsuranceProceeds: 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 paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any lass with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the pat -Lies in interest may reach. If no such agreement among the parties in interest is reached, OW2x'L•R as fiduciary she adjust and settle the loss with the laurels interest,-guF.R._as_f Acceptance nfBondc and Insurance; Uption to Replace., 5.14. If 014TJF.R has any objection to the coverage afforded by or other provisions of the Bends er insurance required to be purchased and maintained by the ether party CONTRACTOR in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecta+g'pariY-she&so-rrotify{}teaEheryarty OWNER will nAtfy CONTCI OR in writing within ten ft3e-n days after receipt deli of the certificates (OrrHhe�eviderwe requested) to required by paragraph 2.7. ether sash �dditiomi infonnaticat in -respect-c € irtst ranee provided- as- h6-other-Wray-feewmi ty-requwA--If.tither party -does not purchase or ma Main all-ef-the$ends-and utsumnoe--required-4- such -patty-by-tlta-Gone ad writing -of -such -failure to -purchase -prior-to-the-start-of the TTI�-1c- ,ref-suekr-faila■�.t<a-n.a:_, .: _ , t.._....:_ the Feiluked oF-remedy;-ihr-<ttlrer-penv-may t+hxx-tct-obtain-ectuivalent Bondsor-imiuram to protect such other-perty's interests nt theexpenso-of-the party -wlw-was-rtx(uied M provide stwh Gavaniige, and a Change OF& shall be issued to adjust-th <^or�oat-d.iveeooa �1S1Y Portia( UtiGwAon-Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EJWC OENERAI, COXDlnoNS tvlo-a (1vso E&tko) w/a rYOF FORT COLUM MODIFICATIONS(a&V 4200a) Completion of all the Work such use or occupancy may be accomplished in accordance with paragraph 14.IQ provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any chartgs 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. CONfRAC'I'OR shall supervise, inspect and direct the Work competently and efficiently. devoting such attention thereto and applying such skills and expertise as may he necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documems. 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 ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACPOWs representative at the site and shall have authority to act 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 storey, 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 after prior written notice to ENGINEER. CONTRACTOR shall submit requests to the INGIIdEER no less than 48 hours in advance of any Work to be performed on Saturday. Sunday. Holidays or outside the Regular Working Hours. 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, trensportatim construction equipment and machinery, tools, appliances, fud power. light, heat, telephone, water, sanitary facilities, tempxa ' 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 City's purchasing restrictions. A copy of the resolutions are available for review in the offices of the Purchasing anti Risk Management Division or the City Clerk's office. 6,4.2. Cement Restrictions: City of Fort Collins Resolution 91-121 requires That supphas and producers of cement or products containing amen[ to certify that the cement was not made in cement kilns that bum hazardous waste as a fuel. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents All warranties and guarantees spaifically called for by the Specifications shall expressly run to the benefit of OWNER If required by FNGiNEF.R. CONTRACTOR shall famish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and egtupm ent shall be applied, installed, connected, erected, useNeaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in prigmph 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 dwreto 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) stall be submittal in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Subsrinrresand "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 MI)CGENFRAI. CONDITiON5191" 1F990Edition) 12 wi CITY OF FORT OO11J N'S MODIFICATIONS (REV 412000) 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 dtc following circumstances: 6.7.1.1. 'Ur -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 he 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 Substitute Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qua tl Cy 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 and as ENGINEER may decide is appropriate under the circumstances, Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to famish 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 CONTRACIOR's achievement of Substantial Conpletion exr 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 arty other direct contract 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 royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contmctam affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposal substitute. ENGINEER may rcqutre CONTRACTOR to furnish additional data about the proposed substitute 6.7.13. CONlRACTOR'sExpense: 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. Substinde Constnrction Nletlrocir or Procedures: If a ssppeeccific means, method, technique, sequence or procedte of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may famish or utilize a substitute means, method. technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2 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 63.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized without b'NGINEER's prior Nvnttcn acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to famish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. 6.& Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and ENGRUM 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. VaX GE NEKAl. C01-UMON8191" OM Edtion) V CITY OF FORT COLLIM MODIFICATIONS OLEV 42000) il CONTRACTOR shall Rafxnt not less than 20 percatt of the Work�vpth its owncessthet i; without sub a X) t era shall be undetsl to re er to the Work the value of which totals net less than 20 percent of the Contract Price. 6.8.2. lf--.d Supplemenmry-k� BB 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-ndvanoe-of-Ahe-specified Jaw prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER —and -if G0?STU."G;G has sbmiaed list threef 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 SUpplieF OF Other PeF50n MFH ..r-e"....... hl in ..which Aril l,.,,.. C,QNZRnr-r•,n shall M-11FA:t AA aeee e will be rotted by such-subt ti iand an-.apprc�riate (;'hange-Order Will constitute a condition of the Contract r utg the use of the named subcontractors, supplies or at}ter persons or organization an the Work unless pion written approval is obtained from OWNER and ENGINEER. No acceptance by OWNER 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. 69.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all ads and omissions of the Subcontractors, Suppliers and other persons and organizations perform ing 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 am subcontractor. supplier or other person or oreanization evidence of amounts paid to CONTRACTOR in accordance with CONTRACTOR'S "Applications for Pavmem". 13 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors. Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Subcontraaors, 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 any Drawings shall not control CONTRACTOR lo 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 appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Whenever-anyiesl+-egrenttent edtlitichn+el-ittsared-en-rhe-properly- itwurara�-furevided-tn reereett� C-ONT RAC -TOR -end -the-Subcontractor- or -Supplier -will "-Work---Tf-the- insurers -err-any such -policies require ny .St ib Parent Fees and Royalties: 632. 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 ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extend permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER,. ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention. design, process, product or device not specified in the Contract Documents. EJCDCGENERAL CONDMONS 1910-8 tt990Edition) 14 wi aTY OF FORT OOILINS MODIFICATIONS(RtV42000) Perntrrs 6.13. Unless othewise provided in the Su lementary Conditions. 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 cm= for capital cosy related thereto such as plant investment fees. 6.14. Lanaarrditulations. 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. if CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifcations and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. Taxes' 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15.1. OWNER is exempt from Colorado State and local sales and use taxes on materials to be permanently incprgoreted into lhe�ojxt�Said fazes shall not be included in the Contract Price. Address Colorado DerJartment of Revenue State Capital Annex 1375 Sherman Street Denver. Colorado, 80261 Sales and Use Taxes for the State of Colorado. Regional Transportatiun District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption All aoobcabie Sales and Use Texes (including State wllected taxes), on any items other then construction and building materials physically incorporated into the pm�ject are to be paid by CONTRACTOR and are to be ncluded in aooroorie[t bid items. Use of Premises: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the ooppecrraatioru of workers to the site and land and areas ulentili in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights-of4ay, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Wort;, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER INGINEERs Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall resturc to original condition all property not designated for alteration by the Contract Documents, 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in arill ty manner that w endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents.• EXI)C OEM RAt coturxiTI ONs 191" (1svo Edda) rr! CITY Or FORT CDU1M MODIFICATIONS (REV 412DOO) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments. Change Orders. Work Change. Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Lr x= completion of the Work, and prior to release of final pavrnent, these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Proreedon: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in cormccuon 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 shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraphs 6.20.2 or 620.3 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 may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or arty Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a IN 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. Safety Representative: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and respotstbilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Hazard Communication Programs: 6,22, CONTRACTOR shall be responsible for coordinating 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 Regulations Emergencies: 6.23. In emergencies affecting the safety or protection of persons or the Work or pr xrty at the site or adjacent thereto, CONTRACTOR wtdtout 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 Change Directive or Change Order will be issued to document the consequences of such action 6.24. Shop Drawings and Samples., 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited 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 idemiftel clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited EXDC OENiRAI. CONDMONS 1910-9 (1990 Man 16 w/ CITY OF FORT COLLIM MODIMCATIONS ftV 42000) purposes required by paragaph6.26, The numbers of each Sample to be submitted will be as specified in the Specifications. G25. Submiaal Procedures: 6.25.1. Before submitting each Shop Drawing or Sample. CONTRACTOR shall have determined and verified: 6.2511. all field measurements, quantities, dimensions, specified performance criteria, installation reguirements, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling• storage, assembly and installation pertaining to the performance of the Work, and 6,25.1.3. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto, CONTRACTOR stall also have reviewed and coordinated each Shop Drawing or Sample with otter Shop Drawings and Samples and with the requirements of the Wort; and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documeras, 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 submined 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 Dmwings 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 infatuation given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to mcans, methods, techniques, sequences or procedures of construction (except where a particular means, method technique, sequence or procedure of