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389648 A-1 CHIPSEAL COMPANY - CONTRACT - BID - 6054 ASPHALT SLURRY SEAL PROJECT
SPECIFICATIONS AND CONTRACT DOCUMENTS FOR Asphalt Slurry Seal Project BID NO. 6054 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS May 21, 2007 - 3:00 P.M. (OUR CLOCK) 7.0 ME CONTRACT TIME. The number of substantially (the Contract days within which, or the date by which complete and also completed and ready Times) are. set forth in the Agreement. LIQUIDATED DAMAGES. the Work is to be for Final Payment Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to 'Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 12/03 Section 00100 Page 4 responsibility set forth in this paragraph 9.13 shall also apply to ENGINEBR's Consultants, Resident Project Representative and assistants. ARTICLE 10—CHANGES IN TIDE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by Writtett 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 aaggree as to the extent, if any, of an a4asnnent in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article 11 or Article 12. 10.3. CONTRACTOR shall notbeertitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6, except in the case of an emergency as provided in paragraph6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to.pamgn I o. 1, (i) required because of acceptance of dejeetive Work surfer paragraph 13.13 or correcting. drfecdW Work under paragraph 13114, or (iii) agreed to by the parties; 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to para1aph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken front cry such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work .arid 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 F"C GENERAL COMMONS 1910.8 (1990 Erptien) w/CITY OF FORT COLLINS MODIFICATIONS -(REV 4I2000) (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 CONTR.ACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11—CHANGE OF CONTRACT PRiCE 11.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations Pamgned to or undertaken by CONTRACTOR slag be at CONTRACTORS expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the ppazazTy making the claim to the attar party and to ENGRdEER promptly (tint in no event later than thirty days) after the start of the occurrenceer event giving rise to the claim and stating the general nature of the claim. Notice of the amount.of the. claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or 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 paragraph 9.11 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 Order 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); 1].3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph It .6.2); 113.3 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). Coat of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be 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 performance of the Work under schedules of job classifications agreed upon by OWNER anal CONTRACTOR. Such employees shall include without limitation superintendents; foremen and other personnel employed full -tune at the site. Payroll costs for employees not employed full-time on the Work shall -be apportioned on the oasis of their time spent on the Work.Payrollcosts"Itinahula,IYAnet 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 and retirement benefits;-bortusea; siek leave, vaeatieri on! halidgypW. applicable thereto. The expenses of performing Work after regular waking hours, on Saturday, Sunday or legal holidays, shall be itrcluded 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 finds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment; shall accrue to 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 required by OWNER, EJCDC GENERAL CONDITIONS 1910.8 (1990.Ed Um) 24 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same mariner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11.4, 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 costs including the following IIA.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery; appliances, office and temporary facilities at the site and band tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not oonsumed which remain the property of CONTRACTOR 11.4.53. Rentals of all construction equipment and machinery and the parts thereof whether retied from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loadm& unloading installation, dismarrding 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, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them maybe liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and famishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have resulted from causes other than the no gence of CONTRACTOR, any Subcontractor; or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such lasses shall include settlements made with the written content and approval of OWNER. No such losses, damages and expenses shell be included in the Cost of the Work for the purpose of determining CONTRACTORS fie. If however, any such loss or damage requites reoora;Vuction and CONTRACTOR i5 placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that atated in paragraph 11.6.2. 11.4.5.7. 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 cash 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' officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, 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 brerieh office for Vneral 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-ell of which are to be considered administrative oosts covered by the CONTRACTORS fee. 11.5.2. Expenses of CONTRACTORS principal and branch offices other than CONTRACTORSs office at the site. 11.5.3. Any part of CONTRACTORSs capital expenses. including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Comract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). EJCDC QENERAL COMT'IONS 1910-8 (1990 Edtim) V aTY OF FORT COLLINS MODIFICATIONS (REV 42000) 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 *fecdw Work, disposal of materials or equipment wrongly supplied and making good any damage to properly. 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 CONTRACTORSs fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or 11.6.2, if a fixed fee is not agreed upon, then a fee. based on the following parties of the various portions of the Cost of Work: 116.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2. the CONTRACTORS 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 are on the basis of Cog 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 fiftean percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any lye tier Subcontractor and CONTRACTOR will each be paid a fee nrya paid to *A PA* !ewer tim SubeewtaeoY to be e ti JlLgood faith with the but not to exceed five percent of the amount paid to tbrmmft lower l�`Tla.::m.. « Y 11.6.2.4. no fee shall be payable or the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11:6.2.5. the amount of credit to be allowed by CONTRACTOR to OWNER for any change whidi 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 change, the adjustment in CONTRACTORS 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 records thereof in accordance with getrerally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allowances: 11.8. It is understood that CONTRACTOR has Included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be famished and perforated 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. CONfRACTOR's costs for unloading and bindling on the site, labor, insfaflatiom 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 amount of any of the foregoing will N valid. Prior to final payment, an.appzopriate 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 rwee Work- 11 9.1.. Where the Contract Documents provide that All or part of the Work is to be Unit Price Work; initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times 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 made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be .deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3.OW4ER 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 performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; 26 EJCDC GENERAL CONDITIQNS 1910.8 (1990 Ed Lim) w/ QTY OF FORTCOLLINS MODIFICATIONS (REV 412000) and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 11.9.3A CONTRACTOR acknowledges that the OWNER has the riSk to add or delete items in th'e Bid or Chang a_rttities at OWNER'S sole d sciatica without effectimz the Contract Price of airy remaining item so long as the deletion or addition does not exceed twenty -free percent of the orminal total Contract Price ARTICLE 12--CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adustment of the Contract Times ( r Milestones) shall be 9sed 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 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 ascertaiti more accurate data in support of ,the claim) and shall be accompanied by the claimants written statement that the adjustment claimed is the attire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said evert. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraph9,11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12. L 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 the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. 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 within the control of a Subcontractor or Supplier shall be deemed to bedelays 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 OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee cf agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties includingg, but not limited to, Gres, floods, epidemics, abnormal weather conditions, sots of Good or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13-,TESTS AND INSPECTIONS; CORRECTION,.REMOVAL OR ACCEPTANCE OF DE;FC+CTIVE WORD I3.L Nance of Defects. Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work. 13.2. OWNER; ENGINEER, ENGINEER's Consultants, other representatives and petsoranel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work, at newwwable Woes for their observation, inspecting and testing. CONTRACTOR shall provide them pr and safe coriditiens for such access and advise them of CONTRACTOR's.site. safety procedures and programs so that they may comply therewith as applicable. Tests and Infections. 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 except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 EXDC OENERAL COMMONS 1910-8 (1990 Ecliiim) wtaTY OF FORT COLONS MODIFICATIONS (REV 4/1000) below shell be paid as provided in said paragraph 13.9. and 13.43. as otherwise specifically provided in the Contract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee 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 inspections, tests or approvals required for OWNER's and ENGINEER'S acceptance of materials or equipment to be inemporated in the Work, or of materials, mix designs,. or ent submitted for a oval prior to CONT TOR's purchase. thereof for incorporation in the Work. 13.6. If any Work (or the work of oil=)'that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13,5 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. Uncovering Wont. 13.8, If airy Work is covered to the written request of ENGINEER, it must requested by ENGINEER, be uncovered for ENGINEET's observation andreplaced atCONTRACTOR's expense. 13.9. If ENGINEER considers it n ry or advisable that covered Work be observed ENGINEER or or tested by others, CONTRACTOR, at E INEER'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, funnishing all necessary labor, material and equipment If it is found that such Work is defective; CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of sati�y 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 panties are unable to agree as to the amount thereof 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 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 a claim therefor as provided in Articles I and 12. 0WWNER May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to famish 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 portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal ofDefeetive ivork: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR Shall pay all claims, costs, losses and. damages caused by or resulting from such correction or removal (imluding but not limited to all costs of repair or replacement of work of others). 13.12. CorrectionPedod' 13.12.1. If within one 5, Lwo 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 cast 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 (n) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of lass or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused or resulting from such removal and replacement (iincluding but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR 13.12.2.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 (and damage to other 28 EJCDC GENERAL CONDITIONS 191o41(199o&jUm) w! CITY OF FORT COLLINS MODIFICATIONS (REV 4t1000) 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 are year twa years 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) prefers 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 reasonableness). 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 recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNF-R May Correct Defective Work.• 13.14. If CONTRACTOR (ails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with. the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR; correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, takti possession of all or part of the Work, and suspend CONTRACTOWs services related thereto, take 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 shad) allow OWNER, OWNER'S representatives, agents and employees, OWNEWs other contractors and ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph 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, costs, losses 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 extension of the Contract Times (or Milestones) because of any delay in per ormance of the Work attributable to the exercise by OWNER ofOWNER's rights and remedies hereunder. ARTICLE 14 PAYMENTS TO CONTRACTOR AND COh7PLETION Schedule of Values: 14.1. The schedule of values established as provided in para�� ph 2.9 will serve as the basis for progress payments and w' I be rpp ted into a, fcuth of Applicationn for Payment acceptable to ENGINEER. Pfograss payments on account of Unit Price Wick will be based on the number of units completed. Application fir Progress Payment: 14.2. At least twenty days before the date established for each cogress payment (but not more often than once a month ), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering Ute Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documenits. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at armther locatimur agreed to in writing, the A licoticn for Paymetit shall also be accompanied by a bill orsale, invoice, or other documentation wairantijig .that OWNER has received the materials and equipment free and clear of all Lieu and evidence that thematerials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein; all of which will be satisfactory to OWNER. The amount of rdamw with respect to proaress payments will be as stipulated in the Agreement .y funds that ale witltiteld.by the OWNER shall not be subject to substitution by the .COONTRA—G O with securities or MY era involvina an escrow or the lor form the CONTRACTOR M essly waives his ' to the bmdts of Colorado Revised Statutes.'on 4A1-101_ eLIM CONIRWTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and egtnpriennt 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 ofAppticabons forPrpgreaPayment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a ErCDC GENERAL.CGNUTIOM 191 e-8 (1 "0 E00en) w/CITY OF FORT OOLLINS MODIFICATIONS (REV 4R000) recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application 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. ENGINEERs recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's w"te 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 scleduies, that to the best of ENGINERR's lanowledge;,informaticn 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 Anwtioning 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 classificatiois for Unit Price Work under paragraph 9.10, and to any other qualifications stated iii the recommendation), and 14.5.3. the conditions preoedent to CONTRACTOR'sbeing erntitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Wok. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: @ exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond. the responsibilities specffically assigned to ENGINEER in the Contract Documents .or (h) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACT OR 14.6. ENGINEER's recommendation of any payment, including final payment, shell not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techn' ues, sequences orocedures of construction, or the safety precautions and .programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or firms}h Work in accordance with the Contract Documents 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to 29 OWNER referred to in paragraph 14.5. ENGINEER may alsorefuse 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 mike payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER of account of CONTRACTOR'S performance or $iri shing 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 reoommended, or 14.7.8. OWNER has actual knowledge of the occurrence of any of the. events enumerated in paragraphs 14.7.1 through 14.7.5 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 aitustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the teasons for such action Substandal Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall noti[y 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 ENGINEER shall make an inspection of the Work to determine the status of completion. If .ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER 30 EJCDC MNERAL CONDITIONS 19I0-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/1000) considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fine the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially oomplete, 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 OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after aonsidemation of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER'S issuing the definitive certificate of 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 elate of Substantial Completion; but OWNER shall allow CONTRACTOR reasonable access to complete or correct items or the tentative list Parltal UiYfiation: 14.10. Use 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 (n) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1.OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within 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 part of the Work to be substantially complete, the provisions of paragraphs 14,8 and 14.9 will apply with rasped 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' opantion of pert of the Work will be accomplished prior to compliance with the requirements of paragraph 5:1.5 in rat of Property insurance. Final In4metion: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final on with OWNER and CONTRACTOR and, will nohiCCONTRACTOR in writing of all partioulars in which this inspection reveals that the Weak is incomplete ar deftotive. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. Final AjVwatloa for Payment: 14.12. After CONTRACTOR has completed all such otirrectitns to the satisfaction of 1OINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by parer h5A, certificates of inspection, marked -up record 01,s (as.pravided in paregraph6,19) and other doctmtentk CONTRACTOR may make application for final ppaayrilent. following the procabaefor progress payments. ThafrnalApplicationfor Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidaiw of insurance required by subparagraph5.4.13, (ii) consent of the surety, if any, to final payment, and (ii) oanplete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arisahg 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 (i) the releases and receipts include all labor, services,. material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills, and edw indebtedness connected with the Work for which OWNER or OWNERS property miglht in anyway be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails EI DC GENERAL CONDITIONS 1910-$ (1990 Edition) a/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) to fu»sh such a release or receipt in full, CONTRACTOR may famish 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 fmalize payment are to be submitted on formsconforumalc the format of the OWNER'S standard forms bound in the Project manual. Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER'S observation of the Work during construction and final inspection, and 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 fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER'S recommendation of payment and present the Application to OWNER far payment. At the same time ENGRJHW will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to theprovisions of pamgaph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR indicating in writing the reasons for refusing to recommend final payment, in winch 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 notice of acceptability; the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to �raaranh 17.6.2 of these General Conditions. 14.14. If through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOWs 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 rdamage stipulated in the Agreement, and if Bonds have beer furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terns and conditions governing final payment, except that it shall not constitute a waver of claims. Waiver of Claims. 14.15. The making and acceptance of foal payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after 31 final inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.15.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15--SUSPENSION Or, WORK AND TERMINATION OWNER May Suspend Work: 15.1. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date an 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 snakes 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 under paragraph2.9 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; 15.2.3. 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 (and the surety, if any) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services Of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, 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 in the Work all materials and equipment stored at the site or for which OWNER: has paid 32 EJCDC GENERAL CONDITIONS 1910,8 (1490 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4R000) CONTRACTOR but which are stored elsewhere, and Finish the Work as OWNER may dean expedient In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the 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, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER' incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOWs 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 o p ent of inoneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may; without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Docurents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for ". nscs sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to 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 CONTRACTOR May Slop Work or Terminate: 15.5. It throughrno act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an odes of court or other public authority, or ENGINEER We to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any 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. 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 12/03 Section 00100 Page 5 sum finally determined to, be due, theft 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 ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER, has failed for dirty days to pay um CONTRACTOR any sfinally determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, includmg interest thereon. The provisions of this pararph15.5 are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable: to CONTR'ACTORhs stopping Work as permitted by this paragraph ARTICLE 16—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR Have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in ExhibitGGA, "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 rightsor remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—MISCELLANE(YUS Glvimg Notice: 17.1. Whenever my provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to.a.member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent. by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period If the last day of any such period falls an 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. EXDC GENEM CONDITIONS 191M (199013 6tion) W/CITY OF FORT COLLINS 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 party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be eonstued as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.Cumukdive Remedies: 17.4. The duties and obligations imposed by these Gefieral Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties s and obligations imposed upon GONT CTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14, 14.1 and 15.2 and all of ft 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 warrants' 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, riglt-and remedy to which they apply. Frgfiebional Fees andCoart Cowlitcluded 17.5. Wherever reference ismade 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. 17.6 The law& of the State of Colaaado a�pJy to i agreement Reference to two txrdram Colorado to are as follows: 11.6.. If a is.filed. ed b law CRS 38-26-107) to wi Id fran all payments to CONTRAC O sufficial funds to insure the oavmem of all claims fa labor materials team hire sustenance, provi mrovender, or other supplies used or consumed by CONTRACTOR or his 33 34 EJCDC GENERAL CONDITIONS 1910,8(1990Editim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV V2000) (This page Leff blank intentionally.) EICDC GENERAL CQNDITIONS 191M (1990 Blom) _ 95 VWC1TY OF FORT COLLINS MODIFICATIONS (REV 42000) EICDC GENERAL CONDITIONS 1910.8 (1990Edilim) 36 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/L000) EXI3IBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE 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 claims, disputes and other matters in question between OWNER and CONTRACTOR arilmg out of cr relating to the Contract.Documerrts 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 lb. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of claim, dispute or other matter that is required °to be refined 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 alter 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 ENGINEERs 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 arbittatim 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 EN61NEER for information The demand for arbitration will be made within the [hirtyday or tendsy 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 date 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, 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 164.3. 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 cornet 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 Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 163 riot in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, 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 first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract. Documents or the breach thereof ("disputes'), to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the terinmation 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. FJCDC GENERAL CONDITIONS 1910-8 (1994) FAtW) OC-A r w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) EICDC GENERALCONDITIONS1910-9 (1990 Edilim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) GC -Al SE 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-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. 5.4.6The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule zero days lost due to abnormal weather conditions. 7/96 Section 00800 Page 1 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960Application for Payment 9/99 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: CONTRACTOR: PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.°% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing DATE: DATE: DATE: DATE: 9/99 Section 00950 Page 1 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. 12/03 Section 00100 Page 6 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: Net Change by Change Order $0.00 Current contract Amount: Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: Less Retainage: AMOUNT DUE THIS APPLICATION: CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. I Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. I Date: By: I Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. I Date: By: Payment of the above Amount Due This Application is approved by the OWNER. 9/997/96 Section 00960 Page 1 $0.00 $0.00 $0.00 APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 MOO $0.00 7/96 Section 00960 Page 2 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00. $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00- $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1 $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 7/96 Section 00960 Page 3 STORED MATERIALS SUMMARY On Hand Received Installed Item Invoice Previous This This Number Number Description Application Period Period PAGE 4 OF 4 On Hand This Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00. $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 7/96 Section 00960 Page 4 2007 ASPHALT SLURRY SEAL PROJECT GENERAL REQUIREMENTS INDEX SECTION PAGE NUMBERS 01010 Summary of Work General Requirements 1-2 01040 Coordination General Requirements 3-4 01310 Construction Schedules General Requirements 5-6 01330 Survey Data General Requirements 7 01340 Shop Drawings General Requirements 8-10 01410 Testing General Requirements 11-12 01510 Temporary Utilities General Requirements 13 01560 Temporary Controls General Requirements 14-15 01700 Contract Closeout General Requirements 16 01800 Method of Measurement and Basis of Payment General Requirements 17 SECTION 01010 SUMMARY OF WORK 1.1 DESCRIPTION OF WORK A. A. This work shall consist of the placement of Type II asphalt slurry seal on residential streets and parking lots as shown in Section 3500, Project Maps, B. Protection and Restoration. 1. Replace to equal or better conditions all items removed and replaced or damaged during construction. Restore all areas disturbed to match surrounding surface conditions. Also see tree protection standards. C. Construction Hours 1. Construction hours, except for emergencies, shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, unless otherwise authorized in writing by the Engineer. After hour equipment operation shall be in accordance with Section 1560. 2. Any work performed by the Contractor outside of the construction hours, whether or not authorized by the Engineer, shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover the Owner's costs in providing field engineering and/or inspection services because of such work. The cost for field engineering and inspection shall be $50.00 per hour. 1.2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES A. Notify private owners of adjacent property, utilities, irrigation canal, and affected governmental agencies when prosecution of the Work may affect them. B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to temporarily deny access or services. C. Contact utilities at least 48 hours prior excavating near underground utilities. D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of work schedule and any items which would affect their daily operation. E. Rick Richter and/or Erika Keeton will be the ENGINEER (Project Engineer/Manager) for the City of Fort Collins. Todd Juergens will be the ENGINEER (Project Engineer/Manager) for Larimer County. Rick Richter 970,22L6798 Mobile 970.222.1132 Erika Keeton 970.221.6605 Mobile 970.222.0787 Todd Juergens 970.498.5711 Mobile 970.481.5450 F. Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's convenience. General Requirements - Page 1 of 17 UTILITIES Water: City of Fort Collins, Colorado 221-6700, Meter Shop 221-6759 Storm Sewer: City of Fort Collins, Colorado 221-6700 Sanitary Sewer: City of Fort Collins, Colorado 221-6700 Electrical: City of Fort Collins, Colorado 221-6700 Gas: Public Service Company of Colorado 482-5922,221-8553 Telephone: U.S. West Communications 484-0300,226-6310 Traffic Operations: City of Ft. Collins, Colorado 221-6608 Cable Television: Comcast 493-7400 *Utility Locates Under One -call System 1-800-922-1987 AGENCIES Safety: Occupational Safety and Health Administration (OSHA): 844-3061 Fire: Poudre Fire Authority Non -Emergency: 221-6581 Emergency: 911 Police: City of Fort Collins Police Department Non -Emergency: 221-6550 Emergency: 911 Postmaster: US Postal Service: 225-4111 Transportation: Transfort: 221-6620 Traffic Engineering: 221-6608 END OF SECTION Larimer County Sheriffs Department: Non -Emergency: 221-7177 Ambulance: Poudre Valley Hospital Non -Emergency: 484-1227 Emergency: 911 General Requirements - Page 2 of 17 C. Minimum agenda shall include: 1. Review of work progress since last meeting. 2. Identification and discussion of problems affecting progress. 3. Review of any pending change orders. 4. Revision of Construction Schedule as appropriate. D. The Engineer and Contractor shall agree to weekly quantities at the progress meetings. The weekly quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall be final and shall be the basis for the monthly progress estimates. This process ensures accurate monthly project pay estimates. END OF SECTION General Requirements - Page 4 of 17 SECTION 01310 CONSTRUCTION SCHEDULES 1.1 GENERAL A. The contractor shall prepare a detailed schedule of all construction operations and procurement after review of tentative schedule by parties attending the pre -construction conference. This schedule will show how the contractor intends to meet the milestones set forth. 1. No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of delivery of equipment and materials. 1.2 FORMAT AND SUBMISSIONS A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual progress. B. Submit two copies of each schedule to Owner for review. 1. Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others. C. The schedule must show how the street, landscaping and various utility work will be coordinated. 1.3 CONTENT A. Construction Progress Schedule. 1. Show the complete work sequence of construction by activity and location. 2. Show changes to traffic control. 3. Show project milestones B. Report of delivery of equipment and materials. 1. Show delivery status of critical and major items of equipment and materials. 2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for equipment and materials, reference Section 01340. 1.4 PROGRESS REVISIONS A. Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when requested by Owner or Engineer, and with each application for progress payment. B. Show changes occurring since previous submission. 1. Actual progress of each item to date. 2. Revised projections of progress and completion. C. Provide a narrative report as needed to define: 1. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of others. General Requirements - Page 5 of 17 SECTION 01330 SURVEY DATA 1.1 SURVEY REQUIREMENTS A. The Owner will provide the construction surveying for street and landscaping improvements as needed. City Survey Crews will perform the surveying required. B. The Contractor must submit a survey request form to the City Surveyors a minimum of 48 hours prior to needing survevine. C. If the requested surveying cannot be accomplished in the time frame requested by the Contractor, the survey personnel shall notify the Contractor with the date on which the requested work will be completed. D. Should a sudden change in the Contractor's operations or schedule require the survey personnel to work overtime, the Contractor shall pay the additional overtime expense. E. 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 re -staking construction stakes and for the cost of re-establishing a destroyed monument. F. The Contractor shall be responsible for transferring the information from the construction stakes to any necessary forms and for constructing all pipelines, drainage ways, pavements, inlets, walls, and other structures in accordance with the information on the stakes and grade sheets supplied by the Owner. END OF SECTION General Requirements - Page 7 of 17 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 12/03 Section 00100 Page 7 SECTION 01340 SHOP DRAWINGS 1.1 GENERAL A. Submit Shop Drawings, Samples, and other submittals as required by individual specification sections. 1. Engineer will not accept Shop Drawings or other submittals from anyone but Contractor. B. Schedule: Reference Section 01310, Construction Schedules. Submittals received by Engineer prior to the time set forth in the approved schedule will be reviewed at any time convenient to Engineer before the time required by the schedule. C. Any need for more than one re -submission, or any other delay in obtaining Engineer's review of submittals, will not entitle Contractor to extension of the Contract Time unless delay of the Work is directly caused by failure of Engineer to return any scheduled submittal within 10 days after receipt in his office of all information required for review of the submittals or for any other reason which prevents Engineer's timely review. Failure of Contractor to coordinate submittals that must be reviewed together will not entitle Contractor to an extension of Contract Time or an increase in Contract Price. D. Resubmit for review a correct submittal if errors are discovered during manufacture or fabrication. E. Do not use materials or equipment for which Shop Drawings or samples are required until such submittals, stamped by Contractor and properly marked by Engineer, are at the site and available to workmen. F. Do not use Shop Drawings which do not bear Engineer's mark "NO EXCEPTION TAKEN" in the performance of the Work. Review status designations listed on Engineer's submittal review stamp are defined as follows: 1. NO EXCEPTION TAKEN Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work. Contractor is to proceed with fabrication or procurement of the items and with related work. Copies of the submittal are to be transmitted for final distribution. 2. REVISE AS NOTED Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work in accordance with Engineer's notations. Contractor is to proceed with the Work in accordance with Engineer's notations and is to submit a revised submittal responsive to notations marked on the returned submittal or written in the letter of transmittal. 3. REJECTED Signifies material or equipment represented by the submittal does not conform with the design concept or comply with the information given in the Contract Documents and is not acceptable for use in the Work. Contractor is to submit submittals responsive to the Contract Documents. General Requirements - Page 8 of 17 4. FOR REFERENCE ONLY Signifies submittals which are for supplementary information only; pamphlets, general information sheets; catalog cuts, standard sheets, bulletins and similar data, all of which are useful to Engineer or Owner in design, operation, or maintenance, but which by their nature do not constitute a basis for determining that items represented thereby conform with the design concept or comply with the information given in the Contract Documents. Engineer reviews such submittals for general information but not for substance. 1.2 SHOP DRAWINGS A. Include the following information as required to define each item proposed to be furnished. 1. Detailed installation drawings showing foundation details, and clearances required for construction. 2. Relation to adjacent or critical features of the Work or materials. 3. Field dimensions, clearly identified as such. 4. Applicable standards, such as ASTM or Federal Specification numbers. 5. Drawings, catalogs or parts thereof, manufacturer's specifications and data, instructions, performance characteristics and capacities, and other information specified or necessary: a. For Engineer to determine that the materials and equipment conform with the design concept and comply with the intent of the Contract Documents. b. For the proper erection, installation, and maintenance of the materials and equipment which Engineer will review for general information but not for substance. c. For Engineer to determine what supports, anchorages, structural details, connections and services are required for materials and equipment, and the effect on contiguous or related structures, materials and equipment. 6. Complete dimensions, clearances required, design criteria, materials of construction and the like to enable Engineer to review the information effectively. B. Manufacturer's standard drawings, schematics and diagrams: 1. Delete information not applicable to the Work. 2. Supplement standard information to provide information specifically applicable to the Work. C. Format. 1. Present in a clear and thorough manner. 2. Minimum sheet size: S 2" x 11". 3. Clearly mark each copy to identify pertinent products and models. 4. Individually annotate standard drawings which are furnished, cross out items that do not apply, describe exactly which parts of the drawing apply to the equipment being furnished. 5. Individually annotate catalog sheets to identify applicable items. 6. Reproduction or copies of portions of Contract Documents: a. Not acceptable as complete fabrication or erection drawings. b. Acceptable when used as a drawing upon which to indicate information on erection or to identify detail drawings. 7. Clearly identify the following: a. Date of submission. b. Project title and number. c. Names of Contractor, Supplier and Manufacturer. d. Specification section number, specification article number for which items apply, intended use of item in the work, and equipment designation. e. Identify details by reference to sheet, detail, and schedule or room numbers shown in the Contract Documents. f. Deviations from Contract Documents. General Requirements - Page 9 of 17 g. Revisions on re -submittals. h. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria, and coordination of the information within the submittal with requirements of the Work and the Contract Documents. 1.3 SUBMISSION REQUIREMENTS A. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Minimum number required: Shop Drawings. a. Three (3) copies minimum, two (2) copies which will be retained by Engineer. 1.4 RE -SUBMISSION REQUIREMENTS A. Make corrections or changes required by Engineer and resubmit until accepted. B. In writing call Engineer's attention to deviations that the submittal may have from the Contract Documents. C. In writing call specific attention to revisions other than those called for by Engineer on previous submissions. D. Shop Drawings. 1. Include additional drawings that may be required to show essential details of any changes proposed by Contractor along with required wiring and piping layouts. END OF SECTION General Requirements - Page 10 of 17 SECTION 01410 TESTING 1.1 GENERAL A. Provide such equipment and facilities as the Engineer may require for conducting field tests and for collecting and forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment are found to be acceptable. Any product which becomes unfit for use after approval hereof shall not be incorporated into the work. All materials or equipment proposed to be used may be tested at any time during their preparation or use. Furnish the required samples without charge and give sufficient notice of the placing of orders to permit the testing. Products may be sampled either prior to shipment or after being received at the site of the work. C. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided, sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM). D. Where additional or specified information concerning testing methods, sample sizes, etc., is required, such information is included under the applicable sections of the Specifications. Any modification of, or elaboration on, these test procedures which may be included for specific materials under their respective sections in the Specifications shall take precedence over these procedures. 1.2 OWNER'S RESPONSIBILITIES A. Owner shall be responsible for and shall pay all costs in connection with testing for the following: 1. Soil tests, except those called for under Submittals thereof. 2. Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner. 3. Concrete test, except those called for under Submittals thereof. 1.3 CONTRACTOR'S RESPONSIBILITIES A. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible for and shall pay all costs in connection with testing required for the following: 1. All performance and field testing specifically called for by the specifications. 2. All retesting for Work or materials found defective or unsatisfactory, including tests covered under 1.2 above. 3. All minimum call out charges or stand by time charges from the tester due to the Contractor's failure to pave, pour, or fill on schedule for any reason except by action of the Engineer. B. Contractor shall notify the Project Engineer 48 hours prior to performing an operation that would require testing. 1.4 CONTRACTOR'S QUALITY CONTROL SYSTEM A. General: The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of Work, including that of his subcontractors, to ensure conformance to the functional performance of this project. This control shall be established for all construction except where the Contract Documents provide for specific compliance tests by testing laboratories or engineers employed by the Owner. The Contractor—s control system shall specifically include all testing required by the various sections of these Specifications. General Requirements - Page 1 I of 17 B. Superintendence: The Contractor shall employ a full time Superintendent to monitor and coordinate all facets of the Work. The Superintendent shall have adequate experience to perform the duties of Superintendent. C. Contractor's quality control system is the means by which he assures himself that his construction complies with the requirements of the Contract Documents. Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction schedule. D. Records: Maintain correct records on an appropriate form for all inspections and tests performed, instructions received from the Engineer and actions taken as a result of those instructions. These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or test, nature of defects, causes for rejection, etc.) proposed or directed remedial action, and corrective action taken. Document inspections and tests as required by each section of the Specifications. Provide copies to Engineer weekly. END OF SECTION General Requirements - Page 12 of 17 SECTION 01510 TEMPORARY UTILITIES 1.1 UTILITIES A. Furnish all utilities necessary for construction. B. Make arrangements with Owner as to the amount of water required and time when water will be needed. 1. Meters may be obtained through the Water Utility Meter Shop at 221-6759 2. Unnecessary waste of water will not be tolerated. C. Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor. 1.2 SANITARY FACILITIES A. Furnish temporary sanitary facilities at each site for the needs of construction workers and others performing work or furnishing services on the Project. B. Properly maintain sanitary facilities of reasonable capacity throughout construction periods. C. Enforce the use of such sanitary facilities by all personnel at the site. D. Obscure from public view to the greatest practical extent. END OF SECTION General Requirements - Page 13 of 17 SECTION 01560 TEMPORARY CONTROLS 1.1 NOISE CONTROL A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated areas. B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. C. Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 a.m. 1.2 DUST CONTROL A. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing. B. Earth and road surfaces'subject to dusting due to construction activities and detouring of traffic shall be kept moist with water or by application of a chemical dust suppressant. 1. Chemical dust suppressant shall not be injurious to existing or future vegetation. 1.3 POLLUTION CONTROL A. Prevent the pollution of drains and water courses by sanitary wastes, concrete, sediment, debris and other substances resulting from construction activities. 1. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site. 2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts. 1.4 EROSION CONTROL A. Take such measures as are necessary to prevent erosion of soil that might result from construction activities. 1. Measures in general will include: a. Control of runoff. b. Trapping of sediment. c. Minimizing area and duration of soil exposure. d. Temporary materials such as hay bales, sand bags, plastic sheets, riprap or culverts to prevent the erosion of banks and beds of watercourses or drainage swales where runoff will be increased due to construction activities. B. Preserve natural vegetation to greatest extent possible. C. Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion. D. Comply with the City of Fort Collins' Storm Drainage Erosion Control Manual. General Requirements - Page 14 of 17 1.5 TRAFFIC CONTROL A. Maintain traffic control in accordance with the "Manual of Uniform Traffic Control Devices" (MUTCD), the City of Fort Collins "Work Area Traffic Control Handbook," and the current "Larimer County Urban Area Street Standards." In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. 1.6 HAUL ROUTES The Engineer reserves the right to set haul routes in order to protect pavements, both new and old, from heavy loads. These pavements may include, but are not limited to, recently constructed pavements, recently overlaid pavements, and/or pavements whose condition would be significantly damaged by heavy loads. END OF SECTION General Requirements - Page 15 of 17 SECTION 01700 CONTRACT CLOSEOUT 1.1 CLEANING AND RESTORATION A. Return the premises and adjacent properties to conditions existing or better than existing at the time the work was begun. This will include providing labor, equipment and materials for cleaning, repairing and replacing facilities damaged or soiled during construction. The Engineer will be the judge of the degree of restoration required. 1.2 PROJECT RECORD DOCUMENTS A. Maintain on the job site, and make available to the Engineer upon request, one current marked -up set of the drawings which accurately indicate all approved variations in the completed work that differ from the design information shown on the drawings. Further, these drawings should reflect all underground obstacles encountered. B. These record drawings along with any survey records, photographs and written descriptions of said work as may be required by the Engineer shall be submitted prior to project acceptance. END OF SECTION General Requirements - Page 16 of 17 SECTION 01800 METHOD OF MEASUREMENT AND BASIS OF PAYMENT 1.1 DEFECTIVE WORK A. Owner will not pay for defective work and will not pay for repair or additional work required to bring the project to a point of acceptance. 1.2 BID PRICE A. The Total Bid Price covers all Work required by the Contract Documents. All work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included in the prices bid for the various items of Work. B. Prices shall include all costs in connection with the proper and successful completion of the Work, including furnishing all materials, equipment and tools; and performing all labor and supervision to fully complete the Work. C. Unit prices shall govern over extensions of sums. D. Unit prices shall not be subject to re -negotiation. 13 ESTIMATED QUANTITIES A. All quantities stipulated in the Bid Form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The basis of payment shall be the actual amount of materials furnished and Work done. B. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amount of Work actually performed and materials actually furnished and the estimated amount therefor. END OF SECTION General Requirements - Page 17 of 17 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 shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions are 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. 12/03 Section 00100 Page 8 SECTION 02000 PROJECT SPECIFICATIONS The Colorado Division of Transportation "Standard Specifications for Road and Bridge Construction", 2005, and the current version of the Larimer County "Urban Area Street Standards", (hereafter referred to as the "Standard Specifications") are made a part of this Contract by this reference, except as revised herein, and are hereby adopted as the minimum Standard Specifications of Compliance for this project. In those instances where the Standard Specifications conflict with any of the provisions of the preceding Sections, the preceding Sections shall govern. INDEX OF REVISIONS SECTION 104 Traffic and Parking Control 105 Control of Work 108 Prosecution and Progress 409 Asphalt Slurry Seal 409 Capeseal — Bid Alternate 630 Construction Zone Traffic Control NO PARKING Wea .ivy % 7:00 AM - 6:00 PM PATCHING Project Specifications — Page 2 of 28 REVISION OF SECTION 105 CONTROL OF WORK Section 105 of the Standard Specifications is hereby revised as follows: INSPECTION AND TESTING OF WORK Subsection 105,15 shall include the following: The Contractor shall keep the Engineer informed of his future construction operations to facilitate scheduling of required inspection, measuring for pay quantities, and sampling. The Contractor shall notify the Engineer a minimum of 24 hours in advance of starting any construction operation that will require inspection, measuring for pay quantities, or sampling. Failure of the Contractor to provide such notice will relieve the owner and the Engineer from any responsibility for additional costs or delays caused by such failure. Inspection of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his contract as prescribed. Work and materials not meeting specifications shall be corrected and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been previously inspected by the Engineer or that payment therefore has been included in the progress estimate. MAINTENANCE DARING CONSTRUCTION Subsection 105.18 shall include the following: The roadway area, including curb, gutter, and sidewalk, adjacent to and through the construction area shall be cleaned of debris by the Contractor at the earliest opportunity, but in no case shall the area be left uncleaned after the completion of the day's work. All material swept or blown onto sidewalks, all trash, all discarded slurry seal material, or other refuse shall be collected on a daily basis, removed from the site, and disposed of to a site approved by the Engineer. It shall be the Contractor's responsibility to provide the necessary manpower and equipment to satisfactorily clean the roadway area. The Contractor shall utilize a combination of pick-up brooms, side brooms and/or other equipment as needed to clean the streets prior to slurry application. All sweeping and clean up equipment shall be approved by the Engineer prior to the commencement of work. The Contractor shall maintain the streets during the construction process as prescribed above. If a street requires additional sweeping by municipal forces, the Owner shall deduct from compensation due the Contractor sufficient funds to cover the Owner's cost to provide said service. All cost of maintaining the work during construction and before the project is accepted will not be paid for separately, but shall be included in the work. All applied slurry surfaces shall be swept by an approved vacuum style sweeper to remove any excess raveled material which becomes dislodged from the street surface after five (5) calendar days, or as directed by the Engineer, and again after 30 calendar days, or as directed by the Engineer. Any dislodged material which has migrated to gutters, sidewalks, and driveways shall be removed at this time. Dislodged material shall be disposed of to a site approved by the Engineer. Excessive raveling, as determined by the Engineer, shall be swept by the Contractor at no additional cost to the Owner. Sweeping shall be paid for per complete sweeping of all surfaces, and shall include blowing or sweeping of gutters, sidewalks and driveways as necessary. Payment shall include all equipment, labor, materials, overhead, incidentals and mobilization required to complete the work as described in the specifications. Project Specifications — Page 3 of 28 "NO PARKING" signs shall be placed at least 24 hours prior to sweeping, as needed. The City of Fort Collins will pay for "NO PARKING" signs at the contract unit price for "No Parking Sign with Stand." "NO PARKING" signs for Latimer County work will not be measured or paid for separately, but shall be included in the unit price for Construction Zone Traffic Control. Pay Iem Unit 105.10 City of Fort Collins Sweeping -All street surfaces Each 105.20 City of Fort Collins Sweeping - All parking lot surfaces Each 105.30 Larimer County Sweeping —Solar Ridge Area Each Project Specifications — Page 4 of 28 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised as follows: Subsection 108.04 shall include the following: The City of Fort Collins slurry seal application shall be completed on or before August 17, and within the following calendar months: JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC It is the intent of this project to be completed within twenty (20) working days after work commences for the City of Fort Collins as described below: • Fourteen (14) consecutive working days will be allotted for construction, • Three (3) consecutive working days will be allotted for the first sweeping operation. See Revision of Section 105, Maintenance During Construction • Three (3) consecutive working days will be allotted for the second sweeping operation. See Revision of Section 105, Maintenance During Construction • Failure to meet the working days described above, or failure to commence sweeping at the described intervals shall result in damages assessed against the Contractor as described in Article 3 of the Agreement, Contract Times. • Delays and extensions of time are described in the General Conditions. The Larimer County slurry seal application shall be completed on or before August 17, and within the following calendar months: JAN FEB MAR APR MAY JUN JUL I AUG SEP OCT NOV DEC It is the intent of this project to be completed within five (5) working days after work commences for Larimer County as described below. • Three (3) consecutive working days will be allotted for construction. • One (1) working day will be allotted for the first sweeping operation. See Revision of Section 105, Maintenance During Construction. • One (1) working day will be allotted for the second sweeping operation. See Revision of Section 105, Maintenance During Construction. • Failure to meet the working days described above, or failure to commence sweeping at the described intervals shall result in damages assessed against the Contractor as described in Article 3 of the Agreement, Contract Times. • Delays and extensions of time are described in the General Conditions. Project Specifications — Page 5 of 28 REVISION OF SECTION 409 ASPHALT SLURRY SEAL Section 409 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 409.01 shall include the following: The bituminous slurry surface shall consist of properly proportioned and mixed mineral aggregate, asphalt emulsion water, and specific additives proportioned, mixed and uniformly spread on the properly prepared surface of the streets as specified herein and as directed by the Engineer. The slurry, when cured, shall have a homogeneous appearance, fill all cracks, adhere firmly to the adjacent surface, and have skid resistant texture. MATERIALS Subsection 409.02 shall include the following: ASPHALT EMULSION The emulsified asphalt shall conform to Grade CQS-1HL (Cationic Quick Setting Emulsified Asphalt with Latex Polymer) as specified in ASTM D977 and D2397 (Specification for Emulsified Asphalt and Cationic Emulsified Asphalt), except that the residual asphalt having a penetration of 40 - 90 shall constitute at least 60 percent of the emulsion by weight, and that the Saybolt Furol Viscosity of the emulsion at 77' F (25° C) shall not exceed 50 seconds. Slow setting emulsions may not be used. CQS-114L shall be an emulsified blend of asphalt, water, and styrene-butadiene rubber (SBR) latex and emulsifiers. The emulsion shall be pumpable and suitable for use in slurry seal mixing and spreading equipment, and suitable for application through a distributor truck. The emulsion shall contain a minimum of two percent (2%) by weight of SBR polymer solids based on weight of residual asphalt. The polymer shall be added as SBR laytex by high shear mixing by co -milling or post -milling. Each load of emulsified asphalt shall be accompanied with a certificate of analysis/compliance and submitted to the Engineer to assure that it is the same as that used in the mix design. AGGREGATE The mineral aggregate shall consist of natural or manufactured sand, slag, crusher fines, and others, or a combination thereof and be gray in color. The aggregate shall be 100% crushed. Smooth -textured sand of less than 1.25% water absorption shall not exceed 50% of the total combined aggregate. The aggregate shall be clean and free from organic matter and other deleterious substances. When tested in accordance with AASHTO T176 or ASTM A2419 (Sand Equivalent Value of Soils and Fine Aggregates), the aggregate shall have a sand equivalent of not less than 65. When tested according to AASHTO T104, or ASTM C88 (Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulphate), the aggregate shall show a loss of not more than 15% using NA2SO4, or 25% using M9SO4. When tested according to AASHTO T96, or ASTM C131 (Resistance to Abrasion of Small Size Coarse Aggregate by Use of the Los Angeles Machine), the aggregate shall show a loss of not more than 20%. Mineral fillers such as Portland cement, limestone dust, lime, fly ash, and other approved fillers shall be considered as part of the blended aggregate, used in the minimum amount required, and manufactured in the - project year. Cost of mineral fillers, if used, is to be included in the unit price of the slurry seal and shall not be Project Specifications — Page 6 of 28 REVISION OF SECTION 409 ASPHALT SLURRY SEAL paid for separately. They shall meet the gradation requirements of AASHTO M17 or ASTM D242 (Mineral Filler for Bituminous Paving Mixtures). Mineral fillers shall be used for one or more of the following reasons only: 1. To improve the gradation of the aggregate. 2. To control the time of break of the emulsion. 3. To provide improved stability and workability of the slurry. 4. To increase the durability of the cured slurry. Screening of aggregate shall be required at the quarry prior to delivery to the job site. Oversized material and/or clay balls in the slurry seal shall be cause for rejection. The total aggregate, including mineral filler, shall conform to the following gradation when tested by AASHTO T27, or ASTM C136 (Sieve Analysis of Aggregates): x 3/8" ( 9.5 mm) 100 No. 4 ( 4.75 mm) 90 - 100 No. 8 ( 2.36 min 65 - 90 No. 16 ( 1.18 mm) 45 - 70 No. 30 ( 600 um) 30 - 50 No. 50 ( 330 um) 18 - 30 No. 100 ( 150 um) 10 - 20 No. 200 ( 75 um) 5 - 15 The Contractor shall submit a Certificate of Compliance from the intended aggregate producer. This certificate shall verify that the material conforms to the applicable Project Specifications and Revision of Section 409, Asphalt Slurry Seal. This certificate shall be supplemented by laboratory test data performed by an independent testing laboratory at no expense to the Owner. MIX DESIGN At least two weeks prior to commencement of work, the Contractor shall submit a signed mix design covering the specific materials to be used on the project. This design shall be performed by a laboratory qualified to perform International Slurry Seal Association (ISSA) tests. Once the materials are approved, no substitution will be permitted, unless first tested by the laboratory preparing the mix design and approved by the Engineer. 1. Mix Design The qualified laboratory shall develop the job mix design and present certified test results for the Engineers Project Specifications — Page 7 of 29 REVISION OF SECTION 409 ASPHALT SLURRY SEAL approval. Compatibility of the aggregate and emulsion shall be verified by the mix design. All component materials used in the mix design shall be representative of the material proposed by the Contractor for use on the project. 2. Specifications The Engineer shall approve the design mix and all materials and methods prior to use. The component materials shall be within the following limits. Residual Asphalt Type II: 7.5% to 13.5% by dry weight of aggregate Mineral Filler 0.5% to 3% by dry weight of aggregate Additive As required to provide the specified properties Water As required to produce proper mix consistency WATER All water used in making the slurry shall be potable and free of dissolved ingredients that may prove harmful.. Water shall be of such quality that the asphalt will not separate from the emulsion before the slurry seal is in place. The effect of moisture content on the specific weight of the aggregate, and the moisture content of the aggregate being used, shall be taken into account in calibrating the machine to deliver mix in the correct proportion. LABORATORY TESTING All materials shall be pre -tested by the Contractor, at his expense, in a qualified laboratory as to their suitability for use in slurry and conformance with project specifications. The laboratory shall issue a current report which shows the results of tests performed on the individual materials, comparing their values to those required by this specification. The report will provide the following information on the slurry seal mixture. Slurry Seal Consistency ISSA T106 2 - 3 cm Excess Asphalt ISSA T109 50 g/ft2 max (538 g/m2 max) Wet Stripping Test ISSA T114 Pass (90% min) Compatibility ISSA T115 Pass* Quick Set Emulsion ISSA T102 Pass** Wet Track Abrasion 1 Hour Soak Loss 6 Day Soak Loss ASTM D3910 50 g/ft2 max (538 g/m2 max) 75 g/42 max (807 g/m2 max) * Mixing tests must pass at the maximum expected air temperature. ** Using specific job aggregate and emulsion content. Project Specifications — Page 8 of 28 REVISION OF SECTION 409 ASPHALT SLURRY SEAL gallons of the diluted emulsion per square yard of surface (0.23 to 0.70 liters per square meter). The Engineer will have final authority to determine if tack coat is required and the rate at which it shall be applied. The Owner will be performing concrete repair, patching, and crack sealing on the streets prior to the application of the slurry seal. Subsection 409.07 shall be revised as follows: The amount of asphalt emulsion to be blended with the aggregate shall be determined in the laboratory, subject to final adjustment in the field to allow for absorption by the existing surface and approval by the Engineer. The amount of water added must be controlled accurately to ensure production of readily spreadable, yet completely stable slurry. Proper water content shall be determined by an appropriate consistency test on freshly made slurry. The slurry shall be a homogeneous mixture, sufficiently stable during the entire mixing - spreading period so that the emulsion does not break, there is no segregation of fines from the coarser aggregate, and the liquid portion of the mix does not float to the surface. Total time of mixing, from introduction of emulsion to spreading shall be two minutes or less. The weight of dry aggregate applied per unit area shall be 181bs/sy. The test sections shall be placed using the same equipment and methods to be used on the job. Slurry mixtures placed in test strips shall conform to design mix with minor variations to obtain crack filling, bond to pavement, and desired skid resistance texture. In the event the materials do not meet the requirements for fluidity, non -segregation, or surface texture, a new job mix shall be formulated and tested. Work shall not proceed before approval of a design mix and acceptance following the placing of a test strip. Application of the Slurry Surfaces 1. General The surface shall be fogged with water directly preceding the spreader if required by local conditions as directed by the Engineer. No free water shall be on the surface of the pavement following fog spray. Rate of application of the fog spray shall be adjusted during the day to suit pavement temperatures, surface texture, humidity, and dryness of pavement surface. The slurry mixtures shall be of the desired consistency as it leaves the mixer, and no additional elements shall be added: A sufficient amount of slurry shall be carried in all parts of the spreader at all times so that complete coverage is obtained. No lumping, balling, or unmixed aggregates shall be permitted. No segregation of the emulsion and aggregate fines from the coarse aggregate will be permitted. If the coarse aggregate settles to the bottom of the mix, the slurry will be removed from the pavement. Breaking of the emulsion in the spreader box will not be allowed. No streaks as caused by oversized aggregate will be left in the finished pavement. Rippling of the finished pavement is undesirable and shall be minimized. The speed may be reduced by the Engineer, if rippling of the surface occurs. At any time that segregation, texture, rippling or application rate are in non compliance with the specifications due to mix equipment or workmanship, work will be stopped until the Owner's representative is insured that the non conformance has been corrected. After lay -down work is completed and before final acceptance by the Engineer, spot application of slurry seal material may be required to correct any deficiencies such as streaking, scuff marks, tire tracks, gaps, etc. to improve the ride quality and overall appearance. Slurry seal material required to correct deficiencies due to unsatisfactory workmanship will not be paid for but shall be at the Contractor's expense. Project Specifications — Page 12 of 28 REVISION OF SECTION 409 ASPHALT SLURRY SEAL 2. Joints The longitudinal joint between adjacent lanes shall have no visible lap, pinholes, or uncovered areas. Build-up or unsightly appearance shall be not be permitted on longitudinal or transverse joints. The use of burlap drags or other type drags shall be at the direction of the Engineer. Thick spots caused by overlapping shall be smoothed immediately with the hand squeegees before the emulsion breaks. Longitudinal joints shall be overlapped no more than 6 inches over previously placed slurry. Slurry seal will be measured and paid for by the square yard of street surface properly sealed and accepted by the Engineer. Building paper shall be used at transverse joints to minimize or eliminate overlap. When drags are used, they must be kept clean and free of build-up. Joints shall be straight and have a neat appearance. 3. Hand Work Approved hand squeegees with burlap drags shall be used to spread slurry in areas not accessible to the slurry mixer. Care shall be exercised as to the specified application rate and workmanship, as to leave no unsightly appearance from hand work.. 4. Mix Stability The mixture shall possess sufficient stability so that premature breaking of the material in the spreader box does not occur. The mixture shall be homogeneous during and following mixing and spreading, it shall be free of excess water or emulsion and free of segregation of the emulsion and aggregate fines from the coarser aggregate. Spraying of additional water into the spreader box will not be permitted. 5. Lines Care shall be taken to ensure straight lines along curbs, shoulders and joints. No runoff on these areas will be permitted. Lines at intersections will be kept straight to provide a neat appearance. 6. Curing Slurry treated areas shall be allowed to cure until such time as the Engineer permits their opening to traffic. The slurry seal mixture shall be proportioned to permit traffic on the newly sealed surface within 1 to 4 hours of placement. The Contractor shall protect the area with suitable barricades for the full curing period, per the approved traffic control plan. 7. Rolling Slurry seal placed on parking lots, alleys, cul-de-sacs or low traffic volume areas, as determined by the Engineer, shall be rolled with a pneumatic tire roller with a minimum weight of four (4) tons. Rolling shall start when the slurry seal has set sufficiently to prevent any pick-up of material and rolled a minimum of three (3) coverages by the roller until a uniform surface is obtained. Payment for rolling will not be measured or paid for separately, but shall be included in the unit price for Slurry Seal, 8. Maintaining Traffic The seal coat shall be applied to alternating streets to provide sufficient public parking for those residents living on streets which have been closed. Traffic will not be allowed on the newly placed bituminous material until, in the opinion of the Engineer, the bituminous material has sufficiently set and bonded to prevent damage by vehicular traffic. Areas which are subject to an increased rate of sharp turning vehicles may require additional time to allow for a more complete cure of the slurry seal mat to prevent damage. Street closures shall be opened as soon as the material has sufficiently set and bonded. Project Specifications — Page 13 of 28 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 12/03 Section 00100 Page 9 REVISION OF SECTION 409 ASPHALT SLURRY SEAL 9. Manholes and Valves Manholes and valves on streets to be slurry sealed shall be clean when the work is completed. They shall be covered in a suitable manner prior to sealing, and the covering shall be removed immediately after the street is sealed. The Contractor shall submit the method for protecting manholes and valves to the Engineer for approval at least two weeks prior to commencement of work. After sealing, the Contractor shall verify accessibility to manholes and valves to the satisfaction of the Engineer at the end of each day. Manholes and valves shall be marked by the Contractor prior to placing the slurry to insure each one is located and can be found after slurry sealing. 10. Stockpiles and Equipment Storage The Contractor is solely responsible for finding and using suitable stockpile locations. The Owner shall be allowed access to the stockpile locations at all times. No portion of the right of way may be used for storage of materials or equipment. Materials shall be stored in an area to prevent water saturation and contamination of stockpiled aggregates. On -site emulsion tanks shall be empty and cleaned of all residual asphalt prior to delivery of the first load of approved emulsion. Written authorization to use private property to store equipment and materials shall be obtained from the property owner and submitted prior to mobilization and use. The Contractor shall also submit a letter of indemnification to the Owner and the property owner. 11. Cleanup All material swept or blown onto sidewalks, all trash, all discarded slurry seal material, or other refuse shall be collected on a daily basis, removed from the site, and disposed of to a site approved by the Engineer. All applied slurry surfaces shall be swept by an approved sweeper to remove any excess raveled material which becomes dislodged from the street surface after five (5) days. Dislodged material from the street shall be disposed of to a site approved by the Engineer. Payment for sweeping shall be paid for separately as described in Section 02000 "Revision of Section 105; Maintenance During Construction". Excessive raveling, as determined by the Engineer, shall be swept by the Contractor at no additional cost to the Owner. QUALITY CONTROL The Engineer may use the recorders and measuring facilities of the unit(s) to determine application rates, asphalt emulsion content, mineral filler and additive. Yield estimates with supporting documentation from the metering devices and material delivery tickets will be provided by the Contractor on a daily basis. 1. Materials The Contractor will supply the Engineer with samples of the aggregate and asphalt emulsion used in the project at the Engineer's discretion. Gradation and sand equivalent tests may be run on the aggregate and (residual asphalt) content tests on the emulsion. Test results will be compared to specifications. The Owner must notify the Contractor immediately if any test fails to meet the specifications. 2. Slurry Seal Samples of the material may be taken directly from the mixing unit(s). Consistency and residual asphalt content tests may be made on the samples and compared to the specifications. Costs will be computed in accordance with Section 01400 "Quality Control". The Owner must notify the Contractor immediately if any test fails to meet specifications. The calibration of the slurry mixing unit will be periodically checked as discussed under "Equipment; Calibration". Project Specifications — Page 14 of 28 REVISION OF SECTION 409 ASPHALT SLURRY SEAL 3. Noncompliance Frequency of testing will be at the direction of the Engineer. Noncompliance of materials shall be basis for rejection. It is the responsibility of the Contractor, at his own expense, to prove to the Engineer that the conditions have been corrected before work may continue. See Section 01400 "Quality Control". METHOD OF MEASUREMENT Subsection 409.09 shall be revised as follows: Slurry seal will be measured and paid for by the square yard of street surface properly sealed and accepted by the Engineer. This payment will be full compensation for preparing street surfaces, furnishing all labor, material, tools, equipment, incidentals and for all the work involved in placing the mix, including rolling and oil spot primer. Any additional additives used by the Contractor must be approved by the Engineer. No separate payment for additional additives will be made unless approved prior to use by the Engineer. It is imperative that the Engineer's representative be present at the time of delivery of all materials. Conformance with application rates will be determined from delivery tickets, minus any excess material not used on the project. It is the Contractor's responsibility to notify the Engineer 24 hours prior to delivery of materials so that a representative may be present. No payment will be made for materials delivered without proper notification. Proportions of the material components to be used will be set by the Engineer, as well as the spread rate. These will be defined in the project mix design. Application rates will be set to match the approved mix design. If the yield is determined to be in excess of the maximum application rates, or below the minimum application rates, the slurry seal will be subject to rejection or a price reduction as follows at the direction of the Engineer: The Owner will continually be checking quantities using run sheets. The Contractor is encouraged to also check quantities with run sheets to avoid the penalties described above. Yield estimates with supporting documentation from the metering devices and material delivery tickets will be provided by the Contractor daily. Responsibility for ensuring proper spread rates and material proportions is solely the Contractor's. BASIS OF PAYMENT Subsection 409.10 shall be revised as follows: The accepted quantities of slurry seal will be paid for at the contract prices per square yard of street surface properly sealed and accepted by the Engineer, minus any reduction fo'r noncompliance with approved aggregate and emulsion application rates. Payment shall include all equipment, labor, materials, overhead, incidentals, and mobilization required to complete the work as described in the specifications. Project Specifications — Page 15 of 28 REVISION OF SECTION 409 ASPHALT SLURRY SEAL Payment will be made under: Pay It Unit 409.01 Type II Slurry Seal - All Street Locations Square Yard 409.02 Type II Slurry Seal - Parking Lots Square Yard Project Specifications — Page 16 of 28 REVISION OF SECTION 409 CAPESEAL — BID ALTERNATE DESCRIPTION The Contractor shall furnish all labor, equipment, material, supplies, signage, traffic control, and other incidentals necessary to provide an application of polymerized chipseal followed by a polymerized slurry seal to an existing roadway surface. This two step process is called Capeseal. The slurry seal shall meet the requirements of Revision of Section 409, Asphalt Slurry Seal, contained herein. MATERIALS Emulsified Polymerized Asphalt Material (Chipseal): Polymerized cationic rapid set emulsified asphalt (CRS-2P) shall be an emulsified blend of polymerized asphalt, water, emulsifiers, and polymer. The asphalt cement shall be polymer modified prior to emulsification and shall contain a minimum of 3% styrene-butadien-styrene (SBS) block copolymer by weight of asphalt cement. The emulsion, standing undisturbed for a minimum of 24 hours, shall show no milky white separation, but shall be smooth and homogeneous throughout. The emulsion shall be pumpable and suitable for application through a distributor truck. The CRS-2P shall conform to the following specifications. Test on Emulsion Minimum Maximum Test Method Min Max Test Method Viscosity, Say bolt Furol, 122 F,s 80 400 ASTM D88 Storage Stability Test, 24-h%(a) 1 ASTM D244 Demulsibility, 36 NIL, 0.8% dioctyl sodium Sulfosuccinate, % 40 ASTM D244 Particle Charge Test Positive ASTM D244 Sieve Test, %(a) 0.1 ASTM D244 Distillation: (b) ASTM D244 Oil Distillate, by Volume of Emulsion, % 3 ASTM D244 Residue, % 73 ASTM D244 Test on Residue Min Max Test Method Penetration, 77 F, 100g,5s 70 150 ASTM D5 Ductility, 77 F, 5 cm/min,cm 75 ASTM D113 Ductility, 39.2 F, 5 cm/min,cm 25 ASTM D113 Solubility in Trichloroethylene, % 97.5 ASTM D2042 Toughness, in -lb 90 ASTM 135801 Tenacity, in -lb 60 ASTM D5801 Elastic Recover, 77 F, 10cm,Ih,% 80 ASTM D5976 a) This test requirement on representative samples is waived if successful application of the material has been achieved in the field. b) Residue by evaporation at 325 F shall be the reference method to obtain material for tests on residue, Residue from distillation shall not be used for tests on residue due to polymer degradation at 500 F. A one -quart sample of the final emulsion shall be submitted upon request. The source of the base asphalt, polymer, additives, and supplier shall be stated on the sample and shall not change during the course of construction The slurry seal shall meet the requirements of Revision of Section 409, Asphalt Slurry Seal, contained herein. Project Specifications — Page 17 of 28 REVISION OF SECTION 409 CAPESEAL — BID ALTERNATE Aggregate: The cover coat shall be washed, hard, durable, clean rock and free from coatings or deleterious material. All of the aggregate shall be crushed gray granite with 100% fractured faces. The aggregate shall have maximum loss of 20% when tested with the LA Abrasion procedure as defined by AASHTO T96 using grade C or D. Only one type of aggregate shall be used and shall conform to the following gradation: Sieve Size '/," Chi 5/8" 100 '/2" 100 3/8" 100 /4" 90-100 No. 4 0-10 No.8 0-3 No.200 0-2.5 Material Application Rates: Material '/," Ca eseal CRS-2P Chi seal .26-.32 Gal/SY Cover Coat Aggregate 20 Ibs/SY Minimum Slurry Mix 18 lbs/SY Minimum CONSTRUCTION REQUIREMENTS Equipment: The size and condition of all equipment shall be approved prior to construction. Should equipment be unsatisfactory for whatever cause, the Contractor shall remove and replace the equipment without delay or cost. The equipment shall conform to the following minimum requirements. Bituminous Distributor: A minimum of two like distributors shall be used on this project. The distributors shall be self - powered and capable of providing a uniform application rate of emulsion varying from .05-1.00 gallons per square yard over a variable width up to twenty feet in a single pass. The uniformity of the distributors shall not vary by more the two - hundredths gallons per square yard. The distributors shall be equipped with a variable power unit for the pump and full circulation spray bars, which are adjustable laterally and vertically. The nozzle angle and bar height shall be set to provide one hundred percent of double coverage in a single pass. Where multiple passes will be required to complete the full width, the four inches adjacent to the second pass may be left with fifty percent coverage so that the next pass will complete the full application rate specified. Distributors shall be self -powered and include a computerized application controls, a tachometer, pressure gauges, accurate volume devices, calibrated tank, and a thermometer for measuring temperatures of the emulsion in the tank. Aggregate Spreader: The aggregate spreader shall be self-propelled and supported by at least four tires on two axles capable of providing a uniform application rate of aggregate from five to fifty pounds per square yard over a variable width up to twenty feet in a single pass. The uniformity of this machine shall not vary by more than one pound per square yard. The aggregate spreader shall be equipped with the means of applying the cover coat material to the surface with computerized application controls so that the required amount of material will be deposited uniformly over the full width of the bituminous material. A computer rate controlled aggregate spreader shall be required. Rollers: A minimum of two self-propelled pneumatic tired rollers shall be used on the project unless otherwise requested by the Engineer. The rubber tired rollers shall have a gross load adjustable to apply 200 — 250 pounds per inch of rolling width. Tire pressure shall be specified for the pneumatic tire rollers and shall not vary more than plus or minus 5.0 psi. The smooth drum roller shall be a single drum roller with a loaded rate of five tons. Depending on the speed of the Chipseal operation and the width of coverage, additional rollers may be required. At no time shall the rollers travel more than ten miles per hour. Project Specifications — Page 18 of 28 REVISION OF SECTION 409 CAPESEAL — BID ALTERNATE Sweepers: A minimum of two vacuum designed sweepers having only negative air pressure at the road surface capable of removing excess aggregate and debris material shall be used on this project. The body hoppers of the vacuum sweepers shall be a minimum capacity of ten cubic yards, and the negative air pressure at the intake shall be rated at forty six inches of negative water pressure. Sweepers shall meet applicable U.S. Environmental Protection Agency Standards. No mechanical pick-up brooms will be allowed on the project. Surface Preparation: The Contractor shall be responsible for all measures required providing a thoroughly clean and dry pavement surface including vegetation removal, and sweeping prior to the chipseal application. The Contractor shall observe the condition of the pavement prior to bidding to determine the work necessary to provide a clean, dry pavement for construction and shall include the work necessary in the bid. Application of Bituminous Material (Chipseal): The application of the emulsion shall be performed by means of a pressure distributor in a manner to achieve a uniform and continuous spread over the asphalt surface. The temperature of the emulsion shall be a minimum of 160 F. The quantity of emulsion per square yard shall be as specified herein and agreed upon with the Engineer. The distributor shall be moving forward at proper application aped at the time the spray bar is opened. If at any time a nozzle becomes clogged or not spraying a proper pattern, the operation shall be immediately halted until repairs are made. Repairs shall be made immediately after deficiencies are noted and prior to the aggregate spreader at all times during construction. The width of the spread shall be no greater than the width of the aggregate spreader except where additional passes are required the emulsion shall be four inches beyond the aggregate spread at fifty percent application rate. At no time shall the emulsion be allowed to break, chill, setup, harden, or otherwise impair the aggregate retention before the aggregate has been properly applied and rolled. Application of Cover Coat Aggregate (Chipseal): The aggregate shall be applied immediately following the emulsion application by the approved aggregate spreader. The quantity of cover coat aggregate per square yard shall be specified herein and agreed upon with the Engineer. The Contractor, prior to start of work, shall calibrate the aggregate spreader to achieve the design application rate of the cover coat aggregate. Spreading shall be accomplished in such a manner that the tires of the trucks and aggregate spreader never contact the newly applied bituminous material. The width of the aggregate spreader shall be equal to the width of the emulsion spread, except where additional passes are required. Areas, which are deficient in aggregate, shall be covered immediately with additional material. Rolling (Chipseal): Initial rolling shall begin immediately after the application of cover coat aggregate. Rollers shall work in tandem and complete a minimum of three passes with a sufficient overlap. Should the rolling operation be delayed, the aggregate and emulsion spreading shall be halted until the operation regains proper sequencing and timing. The maximum speed of the rolling operations shall be ten miles per hour. Sweeping (Chipseal): Within 24 hours of the Slurry application, excess aggregate shall be swept and removed from the roadway and adjacent areas with specified herein sweepers. Application of Material (Slurry): Within 48 hours of the chipseal application the slurry course will be applied. The surface shall be fogged with water directly preceding the spreader. The slurry mixtures shall be of the desired consistency, based on the submitted mix design, as it leaves the mixer with additional approved additive if required. A sufficient amount of slurry shall be carried in all parts of the spreader at all times so that complete coverage is obtained. No lumping, balling, or unmixed aggregates shall be permitted. No segregation of the emulsion and aggregate fines from the coarse aggregate will be permitted. No excessive breaking of the emulsion will be allowed in the spreader box. Rippling of the finished pavement is undesirable and shall be minimized. No excessive build-up or unsightly appearance shall be permitted on longitudinal or transverse joints. The use of burlap drags or other type drags shall be used so that joints will be straight and have a neat appearance. Squeegees shall be used to spread slurry in areas not accessible to the slurry mixer. Care shall be exercised as the leave a good appearance. Care shall be taken to insure straight lines along curbs, shoulders and joints. Lines at intersections will be kept straight to provide a good appearance. Project Specifications — Page 19 of 28 REVISION OF SECTION 409 CAPESEAL — BID ALTERNATE Slurry treated areas shall be allowed to cure until such time as traffic will not damage the finished product. Contractor will be responsible for monitoring roadways treated to insure sufficient cure time is allowed before allowing traffic over the treated areas. Manholes, Valves, and Inlets: Manholes, valve boxes, and inlets shall be covered and or protected with an approved material during the operation and shall be removed immediately after the street has been capesealed. The Contractor is responsible for locating all exposed manholes, valve boxes and prior to construction. Weather Limitations: No construction shall take place when either the air or pavement surface temperature falls below fifty degrees or when the,pavement is moist, or when the weather is or may be detrimental, Detrimental weather is defined as rain showers, cool temperatures, moist pavements, threat of rain showers, or other factors which could affect the performance of the Capeseal construction. Traffic Control: Traffic Control shall be as described in Revision of Section 630, Traffic Control Devices, contained herein. Temporary Raised Pavement Markers will be installed as needed, at a minimum of 40' spacing. The cost of signage, markers, and traffic control necessary to complete this project shall be included in the unit price of the capeseal. METHOD OF MEASUREMENT Capeseal will be measured by the square yard of street surface properly sealed and accepted by the Engineer. This payment will be full compensation for preparing street surfaces, furnishing all labor, material, tools, equipment, incidentals and for all the work involved in placing the capeseal, including rolling and sweeping. Any additional additives used by the Contractor must be approved by the Engineer. No separate payment for additional additives will be made unless approved prior to use by the Engineer. Responsibility for ensuring proper spread rates and material proportions is solely the Contractor's. BASIS OF PAYMENT The accepted quantities of Capeseal will be paid for at the contract unit priceper square yard of street surface properly sealed and accepted by the Engineer. Payment shall include all equipment, labor, materials, overhead, incidentals, and mobilization required to complete the work as described in the specifications. Payment will be made under: Pay Item Unit 409.03 Capeseal SY Project Specifications — Page 20 of 28 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 630.01 shall be revised as follows: This work shall consist of furnishing, installing, moving maintaining and removing temporary traffic signs, advance warning arrows panels, barricades, channelizing devices, and delineators as required by the latest revision of the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD), the City of Fort Collins "Work Area Traffic Control Handbook", and the Larimer County Urban Area Street Standards. In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern 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. The City of Fort Collins shall pay for the maximum number of each type of traffic control device being used at one given time per day. Larimer County shall pay for Construction Zone Traffic Control lump sum. Traffic control devices shall be placed and/or stored in the 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). MATERIALS Subsection 630.02 shall include the following: All traffic control devices placed for this project must meet or exceed the minimum standards set forth in 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 (i.e. crossed out 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, such as residents affected by any information the sign may present. CONSTRUCTION REQUIREMENTS Subsection 630.09 shall be revised as follows: TRAFFIC CONTROL PLAN Traffic control through the construction areas is the responsibility of the Contractor. For all locations, a Traffic Control Plan shall be prepared. The Traffic Control Plans for the City of Fort Collins shall be on City supplied forms. The Traffic Control Plans shall be submitted for approval to the Engineer by 8:00 a.m., two working days prior to the commencement of work. (Note: Traffic Control Plans for work done on Monday and Tuesday shall be submitted the previous Friday by 8:00 a.m.) Full road closure plans shall be Project Specifications — Page 21 of 28 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL submitted no later than Friday mornings by 8:00 a.m. for projects starting the following week. All plans shall be delivered to City Engineering, 281 North College Avenue. 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, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. All costs associated with Traffic Control Plan review will not be measured or paid for separately, but shall be considered incidental to the Work. 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; method, length and time duration for lane closures, and location of flag persons. (2) A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to: construction signs; vertical panel; vertical panel with light; Type I, Type II, and Type III barricades; cones; drum channelizing devices; 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 offlaggers to be used. (4) Parking Restrictions to be in affect. Approval of the proposed method of handling traffic is intended to indicate those devices for which payment is to be made. Such approval does not relieve the Contractor of liability specifically assigned to him under this contract. Parking Restriction Plans for the City of Fort Collins shall be submitted and approved which show the location and quantity of "NO PARKING" signs, the date to be placed, and the date to be removed. The plans shall be prepared on City supplied forms. The Parking Restriction Plans shall be submitted to the Engineer by 8:00 a.m., two working days prior to the commencement of work. (Note: Parking Restriction Plans for work done on Monday and Tuesday shall be submitted the previous Friday by 8:00 a.m.) All plans shall be delivered to City Engineering, 281 North College Avenue. Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Parking Restriction Plan has been approved. Failure to have an approved Parking Restriction Plan shall constitute cause for the City to stop work, 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 cost for preparing and submitting the traffic control plan shall be included in the contract unit price for Traffic Control Supervisor. Subsection 630.10 shall be revised as follows: TRAFFIC CONTROL MANAGEMENT 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 Owners Traffic Control Manager, and when requested by a representative, for each TCS utilized on this project.) Project Specifications — Page 22 of 28 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL 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 Engineer for approval a minimum of one week prior to commencement of the work. The Head TCS shall be on site at all times during the construction when payment is made under the contract unit price for Traffic Control Supervisor per day. When the TCS is being paid under the TCS per hour item, time spent on site may be modified by the Owners Representative, as needed, based on the size and complexity of the project, location of work, duration of the project, traffic factors, weather, and roadway characteristics. The TCS shall be equipped with a cellular phone. The cost of this phone shall be incidental to the day or hour pay unit for TCS. It is the intent of the specifications that the Head TCS be the same throughout the project. If the Head TCS is to be replaced during the project, the Engineer shall be given a minimum of one (1) weeks notice and qualifications shall be submitted for approval for the replacement. The Head TCS will be paid for under the TCS item. The TCS's duties shall include, but not be limited to: (1) Preparing, revising and submitting Traffic Control Plans as required. (Review fees will not be measured or paid for separately, but shall be considered incidental to the Work.) (2) Direct supervision of project fiaggers. (3) Coordinating all traffic control related operations, including those of the Subcontractors and suppliers. (4) Coordinating project activities with appropriate police and fire control agencies, Transfort, school districts and other affected agencies and parties prior to construction. Typed hand delivered notification to all businesses and residents at least 24 hours prior to construction. (The notification of residents and businesses may be accomplished by a representative of the TCS.) (5) Maintaining a project traffic control diary which shall become part of the Owners's project records. (6) Inspecting traffic control devices on every calendar day for the duration of the project. (7) Insuring that traffic control devices are functioning as required. (8) Overseeing all requirements covered by the plans and specifications which contribute to the convenience, safety and orderly movement of traffic. (9) Flagging. (10) Setting up traffic control devices. Notification of residents and businesses shall be the responsibility of the TCS and shall consist of distributing letters indicating the nature of the work to be completed, any special instructions to the residents (i.e. limits on lawn watering during concrete pouring, etc.), the dates and times of the work, and the parking and access restrictions that will apply, as well as thorough information placed on "NO PARKING" signs. Sample letters will be provided by the Engineer and shall be distributed prior to the commencement of each phase of the work. Letters shall be submitted with the Traffic Control Plans for approval. Approved letters shall be distributed a minimum of 24 hours prior to the commencement of work. (Note: The time frame criterion for distributing letters is the same as for posting "NO PARKING" signs.) The cost for preparing and distributing the letters Project Specifications — Page 23 of 28 SECTION 00300 BID FORM REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL shall be included in the cost for TCS. Traffic control management shall be maintained on a 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 the Engineer's request at other than normal working hours. All costs associated with "on call" service, excluding actual hours worked, shall be included in the contract unit price for Traffic Control Supervisor. The TCS's will be paid only for days the Contractor works, and as directed by the Engineer. On weekends and other days the Contractor is not working, the TCS will not be paid. Time spent maintaining signs on the weekends, holidays, bad weather days, and other days the Contractor does not work shall be included in the unit prices for the equipment. Time spent setting up equipment, modifying equipment, maintaining equipment, and picking up equipment shall be included in the unit prices for the equipment. All traffic control devices 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 controls for street and highway construction, available at all times. METHOD OF MEASUREMENT Subsection 630.14 shall be revised as follows: Quantities to be measured for construction traffic control devices shall be the number of units of the various sizes and descriptions listed below: Construction Traffic Signs: Size A Signs - 0.01 to 9.00 Square Feet Size B Signs - 9.01 to 16.00 Square Feet "NO PARKING" Sign with Stand will be measured and paid for separately and not included in the item for Size A Signs. "NO PARKING" Sign with Stand shall consist of a metal sign attached to a device (stand) such as a Vertical Panel or Type I Barricade. The sign material and stand shall be approved by the Engineer. The sign material and stand will not be measured and paid for separately but shall be included in the Contract Unit Price for "NO PARKING" Sign with Stand. The cost for "NO PARKING" Sign with Stand shall include delivery, rental, setup, modification, maintenance, and pickup. "NO PARKING" signs must remain in place until the street is open to traffic. The "NO PARKING" liens shall be in effect for one or two days only. Traffic channelizing devices consisting of vertical panel, cones, or drum channelizing devices will be measured by the unit. Barricade warning lights shall be measured and paid for separately if approved by the Engineer. Advance Warning Flashing or Sequencing Arrow Panels will be measured by the unit. The number of Traffic Control Supervisors shall be approved by the Engineer prior to each days work. The quantity to be measured for -Traffic Control Supervisor will be the number of authorized days performed by the Traffic Control Supervisor or his approved representative. An authorized day shall be any day, or portion of a day, authorized by the Engineer, that construction operation would require a Traffic Control Supervisor. "On Call" and project inspections on all other days will not be measured and paid for separately but shall be included in the work. Project Specifications — Page 24 of 28 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL The cost for setting up equipment, modifying equipment, maintaining equipment, and picking up equipment (not including "NO PARKING" Sign with Stand) during authorized days shall be included in the Contract Unit Price for Traffic Control Supervisor. If a TCS(s) is used for an authorized day, but not for the entire day, the TCS shall be paid at the Contract Unit Price for "Traffic Control Supervisor" at the per hour rate. The quantity to be measured for flagging will be the total number of hours that flagging is actually used as authorized. Hours of flagging in excess of those authorized shall be at the Contractor's expense. Flagger breaks shall be included in the Contract Unit Price for Flagging. The method for covering flagger breaks shall be approved by the Engineer. Flagging outside of the construction work hours will not be paid for under the terms of this contract unless authorized in writing by the Engineer. Flagger stand-by time will not be paid for under the terms of this contract. In locations where traffic control is set up and the work is not performed due to Contractor caused delays, the traffic control shall not be paid for under the terms of this contract. The costs for advance warning "NO PARKING" signs for periods in excess of 24 hours prior to the advancement of work, including those instances when said signs have been changed or otherwise updated to reflect current schedules, will not be paid for under the terms of this contract unless authorized by the Engineer in writing. In addition, the Owner shall deduct from compensation due the Contractor $10.00 for each traffic control device per day for said conditions, including "NO PARKING" signs and any signs which are not removed from the site immediately upon completion of the work. BASIS OF PAYMENT Subsection 630.15 shall be revised as follows: The cost for Traffic Control Devices, not including "NO PARKING" Sign with Stand, shall include delivery, rental, and pickup. The cost for setting up equipment, modifying equipment, and maintaining equipment will be paid for under the Contract Unit Price for TCS as described above. The cost for "NO PARKING" Sign with Stand shall include delivery, rental, setup, modification, maintenance, and pickup. Payment shall be full compensation for furnishing, erecting, maintaining, moving, removing and disposing of construction traffic control devices necessary to complete the work. All construction traffic control devices which are not permanently incorporated into the project will remain the property of the Contractor. The initial manufacturing will be paid for Specialty Signs per unit and the actual use paid for under the appropriate unit cost for Size A or Size B sign. This item shall apply to new signs only. Once manufactured, they may be used throughout the project. Upon completion of the work, the Specialty Signs shall be returned to the Contractor. Project Specifications — Page 25 of 28 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL The accepted quantities for the City of Fort Collins will be paid for at the contract unit price for each of the pay items listed below: Pay Item Unit 630.01 "NO PARKING" Sign with Stand Per Day Per Each 630.02 Vertical Panel without Light Per Day Per Each 630.03 Channelizing Drum Without Light Per Day Per Each 630.04 Type MI Barricade without Light Per Day Per Each 630.05 Type III Barricade without Light Per Day Per Each 630.06 Size A Sign with Stand Per Day Per Each 630.07 Size B Sign with Stand Per Day Per Each 630.08 Size A Specialty Sign - Cost of Manufacturing Each 630.09 Size B Specialty Sign - Cost of Manufacturing Each 630.10 Cone with Reflective Strip Per Day Per Each 630.11 Safety Fence Per Day Per Roll 630.12 Light Per Day Per Each 630.13 Advance Warning Flashing or Sequencing Arrow Panel Per Day Per Each 630.14 Variable Message Board Per Day Per Each 630.15 Traffic Control Supervisor Per Day 630.16 Traffic Control Supervisor Per Hour 630.17 Flagging Per Each Per Hour Project Specifications — Page 26 of 28 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES (Continued) The accepted quantities for Larimer County will be paid for at the contract unit price for each of the pay items listed below. Payment shall include all equipment, labor, materials, overhead, incidentals, and mobilization required to complete the work, including secondary sweeping operations, as described in the specifications. Pay Item Unit 630.18 Construction Zone Traffic Control — Solar Ridge Area Lump Sum Flagger hand signs will not be measured and paid for separately, but shall be included in the work. The flaggers 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 paid for separately but will be considered subsidiary to the item. Sand bags 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 NMCD, if approved; however, payment will be made for the typical panel size. The Owner shall not be responsible for any losses or damage due to theft or vandalism. Project Specifications — Page 27 of 29 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES (Continued) SPECIAL CONDITIONS FOR WORK ON ARTERIALS AND COLLECTORS NOTE: CROSS STREET TRAFFIC SHALL BE MAINTAINED AT ALL TIMES UNLESS AUTHORIZED BY THE ENGINEER IN WRITING. NOTE: FULL CLOSURES ON ARTERIALS AND COLLECTORS, INCLUDING THOSE LISTED ABOVE, WILL BE ALLOWED UNDER EXTREME CIRCUMSTANCES AND ONLY UPON APPROVAL OF THE ENGINEER. PLANS SHALL BE APPROVED A MINIMUM OF ONE WEEK PRIOR TO THE COMMENCEMENT OF WORK AND/OR THE TIME REQUIRED TO ADEQUATELY NOTIFY THE PUBLIC THROUGH THE MEDIA. SPECIAL CONDITIONS FOR WORK ON RESIDENTIAL STREETS NOTE: FULL CLOSURES ON ALL RESIDENTIAL STREETS SHALL BE ALLOWED AS SHOWN ON THE TRAFFIC CONTROL PLANS. Project Specifications — Page 28 of 28 SECTION 02500 QUANTITY ESTIMATE STREET FROM TO SQUARE YARDS Deines Court Smith Place CDS 1,632 Mathews Sreet E. Prospect Road Parker Street 2,557 Parker Street S. College Avenue Stover Street 10,488 Person Court Parker Street North End 942 Peterson Street E. Prospect Road Parker Street 1,478 Peterson Place E. Prospect Road Parker Street 1,765 Smith Place E. Prospect Road Parker Street 2,323 Whedbee Street E. Prospect Road Parker Street 2,050 23,235 SIAM [JAI It UIGHTS Azalea Court AREA - FORT COLLINS Azalea Drive CDS 897 Azalea Drive W. Prospect Road S. Overland Trail 6,556 Holly Street Larch Street Holly Way 1,292 Larch Street W. Prospect Road Sumac Street 4,366 Palm Drive W. Prospect Road S. Overland Trail 4,074 Rams Lane Pecan Street Real Court 3,388 Real Court Pecan Street S. Overland Trail 1,992 Sumac Street Larch Street S. Overland Trail 4,569 Pecan Street Palm Drive S. Overland Trail 9,529 36,663 Blue Mesa Avenue Colony Drive Worthington Avenue 4,416 Chaparral Drive Powderhom Drive Rocky Mountain Way 2,652 Cimarron Court Rocky Mountain Way CDS 1,747 Faitplay Court Gunnison Drive CDS 1,342 Gunnison Drive Worthington Avenue CDS - 9,726 Longhorn Court Blue Mesa Avenue CDS 2,085 Placer Street - W. Swallow Road Worthington Avenue 2,741 Powderhom Drive Worthington Avenue Wagonwheel Drive 2,554 Rocky Mountain Way Worthington Avenue S. Shields Street 6,278 Silverthom Drive Gunnison Drive CDS 5,234 Tumbleweed Lane Rocky Mountain Way CDS 1,764 Wagonwheel Drive Rocky Mountain Way CDS 15,179 Winchester Drive Wagonwheel Drive CDS 4,973 Worthington Avenue W. Drake Road CDS 19,224 Yellow Pine Court Gunnison Drive CDS 995 80,911 Brixton Road Mesaview Lane Taft Hill Road 1,437 Greengate Drive W. Harmony Road End 2,829 Lookout Lane Trailview Lane Brixton Road 6,046 Mesaview Court Mesaview Lane End 2,437 Mesaview Lane Brixton Road 1800 Block of Mesaview Lane 8,729 21,478 Page 1 of 2 SECTION 02500 QUANTITY ESTIMATE STREET FROM TO SQUARE YARDS Rolland Moore (Parking Lot) 14,317 Rolland Moore (Street) 9,141 Lawrence Drive Northern Court Stonecrest 5,244 Northern Court Lawrence Drive North End 1,674 Reception Court Stonecrest Drive East End 1,240 Saint Germain Drive Stonecrest Drive South End 665 Stonecrest Drive Northern Court Project Limits 8,277 Wakonda Drive Lawrence -Drive West End 567 17,668 Page 2 of 2 SECTION 03500 PROJECT MAPS Vicinity Map Solar Ridge Parker Area Stadium Heights Wood West Rolland Moore Park Overlook at Woodridge Julm7.1 im,j TLI F A --,..:I.-, �IIIIM°.�I'#1I1111 II1111`.�'.'4l!I1111 �lP.Afl!{+ii_ 11!I � ; rri IIIIIIIIIIII I I I I C I IMN II III 1.1111M Ow�e�i 11r IC � M 1r 2'rr SECTION 00300 BID FORM PROJECT: /9 Sl' -7 CT L�iYy Gar {zrr C /i, �,1 Alb /Vv, Place Date `n q y.Z/ ;2 o a 7 y 1. In compliance with your Invitation to Bid dated 207and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of 5'7o or--n7rn4. a/ b ) in accordance with the Invitation To Bid and Instructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment bonds is as follows: f�.+3yrrfn�D Cs3su�cry ZA/J Lt2lvV ei G1. / / yaw l=o ie L ;)" 2-,q !`-A 9 7-Z�-- 26 C7- 06 / / 5 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. N%A__ _ through N/A 7/96 Section 00300 Page 1 No Text r t , '{P°..r-^9 LPMptlt e} - ii:" ♦ •1, •.aY +YIY:.a4rtJ .,,� FFFF Zi fit", +lb�x�:,�,l.;w b m'EST'�•- 'PAW, i� + {y¢` rl�(♦l4 d yr'$q{I l' 9`µr ♦t F .rma ` ��' S��m♦ �"` r �.7 ` {�'t'"�/n' :..: +!' ' r♦.. p #., n.�. y a r'-ua�' . �; 4 � $Fl.�. �.. 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R! :'fv � � ,.� 9 ,.p A ? wVk ki ■IwdC S �•v .1kyyy`,�`' �' '" ♦ .' qp w^ 3`ry a-N4ypJA'" '�Pl1fY w'w,prii� R ! '� MtR rr�{ '�'► y'�'...a* f� L`� ` � �.�„ •; � '��,• AWr No Text y q rim JW S # T � �� .`i fN�lr�1• �F r z' t e a k n r n i < p x '1uY@,"',Y/h. a Y . oi Nvv OL j{ y f jj��' t��` � � � y I .fir{ � ii �♦ g n V �! a,# 14�':X"rr.'.� : ,a^'. � •in, .L.a �. 5"t'� �' ny •. I v4?NW4 t !^^�.^.-y'; f l esw�.„ _ , It Ofts ll litj R i r Ott Rim F }I R " `' iF• � � ' �� � ram» 4 r }�. W a t PIP , F 41 NA 10 iL 4 lw r^ �..k�eePi ,, rt. . +:w CfYi_h`;111 nV A Y rA l� kf �!: M� 4k 4JOWL— s# _it.j {4�'y-. t' a.P Y.i.•M.�;i`� li'�. fi5i:.' 14 Yt.'i�.'�.,a '� ;'r At Y — � `* iY+.•.: a �� 1 � ' t .t .� albl, ai �p 1 v F I ire, rIlk 9 �p }e 1,40 *+e .. .v1+.%►.. .iF .a I_ .'t.. ... Y t: o+.i.... ' ...aF k �y `I_:.e At .F. r• ! .n _ n SECTION 01040 COORDINATION 1.1 GENERAL CONTRACTOR RESPONSIBILITIES A. Coordinate operations under contract in a manner which will facilitate progress of the Work. The Contractor shall also coordinate with the Landscape Contractor whose Work is separate from the General Contractor's contract. B. Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner of performance of operations which affect the service of such utilities, agencies, or public safety. C. Coordinate operations under contract with utility work to allow for efficient completion of the Work. D. Coordinate all operations with the adjoining property owners, business owners, and surrounding neighborhoods to provide satisfactory access at all times and keep them informed at all times. 1.2 CONFERENCES A. A Preconstruction Conference will be held prior to the start of construction. I.. Contractor shall participate in the conference accompanied by all major Subcontractors, including the Traffic Control Supervisor assigned to the project. 2. Contractor shall designate/introduce Superintendent, and major Subcontractors supervisors assigned to project. 3. The Engineer shall invite all utility companies involved. 4. The Utilities will be asked to designate their coordination person, provide utility plans, and their anticipated schedules. 5. The Engineer shall introduce the project Representatives. Additional project coordination conferences will be held prior to start of construction for coordination of the Work, refining project schedules, and utility coordination. C. Engineer may hold coordination conferences to be attended by all involved when Contractor's operations affects, or is affected by, the work of others. 1. Contractor shall participate in such conferences accompanied by Subcontractors as required by the Engineer. 1.3 PROGRESS MEETINGS A. Contractor and Engineer's Project Representatives shall schedule and hold regular progress meetings at least weekly and at other times as requested by the Engineer or required by the progress of the Work. B. Attendance shall include: 1. Contractor and Superintendent. 2. Owner's Representatives. 3. Engineer and Resident Project Representative. 4. Traffic Control Supervisor S. Others as may be requested by Contractor, Engineer or Owner. General Requirements - Page 3 of 17 1.5 OWNER'S RESPONSIBILITY A. Owner's review is only for the purpose of checking conformity with the Contract Documents and assisting Contractor in coordinating the Work with the needs of the Project. B. It is not to be construed as relieving Contractor from any responsibility to determine the means, methods, techniques, sequences and procedures of construction as provided in the General Conditions. END OF SECTION General Requirements - Page 6 of 17 REVISION OF SECTION 104 TRAFFIC AND PARKING CONTROL Section 104 of the Standard Specifications is hereby revised as follows: Subsection 104.04 shall include the following. It shall be the Contractor's responsibility to clear parking from the streets when such parking will interfere with the work. Prior to work that requires the street(s) to be closed to parking and/or traffic, the street(s) shall be posted for "NO PARKING". The placement of these signs shall take place at least 24 hours prior to the commencement of work and shall clearly show the type of work, and the day, date and times that the message on the sign is in effect. (For example, if a street is to be patched on Wednesday, July 2, the street shall be posted no later than Tuesday, July 1, by 7:00 a.m. with a sign that reads similar to "NO PARKING, WEDNESDAY, JULY 2, 7:00 A.M. TO 6:00 P.M., PATCHING.) See sample "NO PARKING" sign. "NO PARKING" signs shall remain in place until the street is opened to traffic and all clean up operations completed. All information on the "NO PARKING" signs, with the exception of the date, shall be in block letters permanently affixed to the sign. Any information added to a sign, such as dates, shall be clearly legible and written in block style letters. The "NO PARKING" signs shall be in effect for one or two days only. Any work done by the Contractor without traffic control will not be paid for under the terms of this Contract. The Contractor will not be paid for traffic control costs incurred during Contractor caused delays. At or near the end of each work day, a representative of the Contractor, the Traffic Control Supervisor, and the Engineer will meet to discuss the progress of the work and the placement of traffic control devices including "NO PARKING" signs. Any necessary adjustments shall be made. The Contractor shall also review at this time with the Engineer the proposed means of handling parking and traffic control for upcoming work. It is the responsibility of the Contractor to minimize any inconvenience to the public as a result of this work. At the above referenced meeting, the quantity of traffic control devices used that day shall be agreed upon by the Contractor and the Engineer. The Contractor shall utilize forms approved by the Engineer for the tabulation of Traffic Control Devices utilized. The Contractor shall maintain access at all times to all businesses within the project. Any changes in the traffic control, including additional signs, barricades, and/or flaggers needed in the field shall be immediately implemented as directed by the Engineer. The cost for traffic control is covered in "Revision of Section 630, Traffic Control Devices" found herein Project Specifications — Page 1 of 28 REVISION OF SECTION 409 ASPHALT SLURRY SEAL The laboratory shall further report the quantitative effects of moisture content on the unit weight of the aggregate (Bulking effect). The laboratory report must clearly show the proportions of aggregate, mineral filler (minimum and maximum), water (minimum and maximum), additive(s) (usage), and asphalt based on the dry aggregate weight. A current and complete laboratory analysis and test report, accompanied by abraded and unabraded slurry test samples, shall be submitted by the Contractor at least two weeks prior to commencement of any work. If the Contractor performs this testing, the Engineer or his representative shall be allowed to observe all testing. STOCKPILING OF AGGREGATE Precautions shall be taken to ensure that stockpiles are carefully mixed just prior to use to ensure uniform distribution of the moisture, and that they do not become contaminated with over -sized seed rock, clay, silt, or excessive amounts of moisture. To eliminate oversized aggregate, the material shall be screened at the load site immediately prior to use, and shall be directly deposited from the screen to the mixing equipment. Costs for the screen will not be measured or paid for separately, but shall be considered incidental to the work. The stockpile shall be kept in areas that drain readily. Segregation of the aggregate will not be permitted. STORAGE The Contractor shall provide suitable storage facilities for the asphalt emulsion, using containers equipped to prevent water from entering the emulsion. If necessary, suitable heat shall be provided to prevent freezing. No portion of the right of way may be used for storage of any materials or equipment. SAMPLING Samples of materials and of the finished slurry surface shall be furnished by the Contractor as directed by the Engineer during progress of the work at no expense to the Owner. Test reports shall be required from the Contractor as additional materials arrive. Testing costs will be computed in accordance with section 1400 "Quality Control". CONSTRUCTION REQUIREMENTS Subsection 409.04 shall be revised as follows: WEATHER LIMITATIONS No slurry shall be applied: 1. When there is any danger the finished product will freeze before it cures completely. 2. When the pavement or air temperature is 60°F (160 C) or below and falling. 3. While puddles of water remain on the surface to be coated. The Contractor is responsible for repairing or replacing any surfaces damaged by weather. Subsection 409.05 shall be revised as follows: EQUIPMENT All equipment, tools, and machines used in the performance of this work shall be maintained in satisfactory working order at all times. Descriptive information on the slurry mixing and applying equipment to be Project Specifications — Page 9 of 28 REVISION OF SECTION 409 ASPHALT SLURRY SEAL used shall be submitted for approval a minimum of seven (7) days before commencement of work. 1. Slurry Mixing Equipment The slurry mixing machine shall be a double shafted continuous flow mixing unit, capable of delivering accurate predetermined proportions of aggregate, water and asphalt emulsion to a revolving spiraled multi blade, double shafted, spiraled mixer tank, and of discharging the thoroughly mixed product on a continuous basis. The machine shall be equipped with a hydraulically controlled steel pugmill gate for positive discharge operations. Discharge from the pugmill shall be controlled by a chute or other suitable mechanical device. The mixing machine shall be equipped with suitable means of accurately metering each individual material being fed into the mixer. The mixing unit shall be equipped with a metering system to accurately meter all liquids by volume by the use of Qow meters reading gallons per minute. The flow of the liquids shall be consistent and precise and feed into the pugmill in the proportions outlined in the mix design. The machine shall be equipped with a temperature indicating device installed in the emulsion tank at the emulsion pump suction line level. The aggregate shall be pre -wetted immediately prior to mixing with the emulsion. The mixing unit shall be capable of thoroughly blending all ingredients together without violent action. The mixing machine shall be equipped with an approved fines feeder that provides an accurate metering device or method of introducing a predetermined proportion of mineral filler into the mixer as the aggregate is fed in. The fines feeder shall be used when mineral filler is part of the aggregate blend. The unit shall be equipped with approved devices so that the machine can be accurately calibrated and the quantities of materials used during any one period estimated. The mixing machine shall be equipped with a water pressure system, and fog, type spray bar adequate for completely fogging the surface with up to 0.055 gallons per square yard (0.251/m), immediately ahead of the spreading equipment. The machine shall be capable of mixing materials at preset proportions regardless of the speed of the machine engine, and without changing machine settings. 2. Proportioning Devices Individual volume or weight controls for proportioning each material to be added to the mix (i.e., aggregate, mineral filler, emulsified asphalt and water) shall be provided and properly marked. These proportioning devices are usually revolution counters or similar devices and are used in material calibration and determining the materials output at any time. Yield estimates with supporting documentation from the metering devices and material delivery tickets will be provided by the Contractor daily. 3. Calibration Each slurry mixing unit to be used in performance of the work shall be calibrated in the presence of the Engineer's representative prior to construction. The documentation shall be provided, which includes an individual calibration of each material at various settings, which can.be related to the machine's metering device(s). No machine will be allowed to work on the project until the calibration has been completed and accepted by the Engineer. Previous calibration documentation covering the exact materials to be used may be accepted provided they were made during the current calendar year. The documentation shall include an individual calibration of each material of various settings which can be related to the machine metering device(s). 4. Verification Test strips, of at least fifteen hundred (1500) square yards for each mix used, will be made by each machine after calibration and prior to construction. Test strips shall be a portion of the project. Samples of the slurry seal will be taken and verification made as to mix consistency and proportioning. Verification of rate of application will also be made. Upon failure of any of the tests, additional test strips, at no cost to the Owner, will be required until each unit is authorized to work. Any unit failing to pass tests after the third trial will not be permitted to work on the project. Test strips must be accepted or rejected within 48 hours after application. Project Specifications — Page 10 of 28 & BID SCHEDULE City of Fort Collinst -rimer County 6054 Asphalt Slurry Seal Project ITEM NO DESCRIPTION UNIT CONTRACT -_QUANTITY: ESTIMATED COST' UNIT PRICE TOTAL COST CITY OF FORT COLLINS 10S 10 Sweeping All Streets �v a- Each 2 s (0 /(e,1 s %a O OD 105.20 Sweeping - All Parking Lots Each 2 $ so, 409.01 Type II Asphalt Slurry Seal - All Street Locations SY 171428 $ A 31 $ J�7C G y 409.02 Type D Asphalt Slurry Seal - Parking Lots SY 14317 S 1,33 $ 9 -7518/ (, 630.01 'No Parking" Sign With Stand Par Day Pat Each 2500 $ ; /O S a 7S"6, 00 630.02 Vertical Panel Without Light Pat Day Per Each 20 $ Q „ 1 / y S Y80 630.03 Channelizing Barrels Par Day Par Each 20 $ Q L/ 12I $ 1.80 630.04 Type I/B Barricade Without Light Par Day Par Each 20 s Q , L/ L� $ 8.80 630.05 Type ID Barricade Without Light Par Day Par Each 200 S a Q $ o�0?U, O O 630.06 Sim A Sign With Stand Per Day Pat Each 250 $ / D s o? %S, O O 630.07 Sim B Sign With Stand Pm Day Par Each 250 $ / O s vZ -S , o O 630.08 Size A Specialty Sign - Cost of Manufacturing Each 2 $ SQ $ 7, do 630.09 Size B Specialty Sign - Cost of Manufacturing Each 2 S �, 5Q $ 7. 0 O 630.10 Cone With Reflective Strip Per Day Par Each 2500 $ 0, SS $ 37s, O O 630.11 Safety Farm Par Day Per Roll 20 $ d , 5 S $ / O o 630.12 Light Par Day Per Each 20 $ G , �, _ $ Q 630.13 Advance Warning Fleshing - or Sequencing Arrow Panel Per Day Per Each 5 $ 630.14 Variable Message Board Par Day Per Each 5 $ / y3, O o $ / , O d , 630.15 Traffic Control Supervisor Par Day 20 S ,3 j, o o $ n" i 00,04 . 630.16 Traffic Control Supervisor Per Hour 20 S L/oZ- 4)o $ S SO. O 0 , 630.17 Flagging Par Hour 150 $ act. cc3/ $ ,3 a � y7 CITY OF FORT COLLINS TOTAL COST (A) $ LARIMER COUNTY 105.30 Sweeping - Solar Ridge Subdivision Each 2 $ (o o, p o $ 3ao, o O 409.01 Type B Asphalt Slurry Seal- All locations SY 17668 $ 1,33 $ c;? y 3 8Z 630.18 Construction Zone Traffic Control - Solar Ridge Subdivision Lump Sum I 1 $ 3, -70O, 00 S JOOi O LARWER COUNTY TOTAL COST (B) - qO s 07 VO; TOTAL PROJECT COS(A+B) 'S 3/'. , (IG'ti Nf/NUKCJ TZ CzF ,TY TA re < v v4L o.,S /9, 3 Tf.Ve, 7,y %/free jy /ZcQ S6vL N! - N 7/9vc4s4I a Dollars and Cents. ON''``7- C C 5A f ' Signed Address � �VSv /V o w `1, Q Ld L r. Company &J—t Cu. �%Zo0{y�FicC i� �Oo2.� Check One. Individual Doing Business in Company Name Corporation Partnership PhonetFaz jo 3 - y�, 1 J 413- 4/<e C/ 9.2 C ! tlW AL"1'ERNAI E - PARKER AREA CAPESEAL 409.03 Capeseal SY 2323s S .3, 3-5- S •'7 7 837. a5 Page 1 of I REVISION OF SECTION 409 ASPHALT SLURRY SEAL When the test sections do not conform to the specification requirements, the slurry seal shall be removed at the Contractor's expense. No compensation will be made for re -application or additional test sections required due to unsatisfactory work or material. Initiation of work on the project streets shall not begin without the Engineer's approval of test sections. 5. Slurry Spreading Equipment The surfacing mixture shall be spread uniformly by means of a mechanical type squeegee distributor, having a rubber -like material in contact with the surface to prevent unwanted egress of slurry. It shall prevent loss of slurry on varying grades and crown by adjustments to assure uniform spread. An appropriate mechanical device for lateral distribution of the slurry shall be operated within the spreader box, There shall be a steering device, a flexible strike -off, and a burlap or other approved drag. The spreader box shall be equipped with paddles or augers to agitate and spread the materials throughout the box. It shall be capable of producing a uniform surface its full width. A front seal shall be provided to ensure no loss of the mixture at the road contact point. The rear seal shall act as final strike off and shall be adjustable. The mixture shall be spread to fill cracks and minor surface irregularities and leave a uniform skid resistant application of material on the surface. The spreader box and rear strike off shall be so designed and operated that a uniform consistency is achieved to produce a free flow of material to the rear strike off. The longitudinal joint where two spreads join shall be neat appearing, uniform, and lapped no more than six (6) inches. All excess material shall be removed from the job site prior to opening the road. The spreader box shall have suitable means provided to side -shift the box to compensate for variations in pavement geometry. The box shall be kept clean, and no build-up of asphalt and aggregate shall be permitted. Spreader box skids shall be maintained in such a manner to prevent transverse chatter (wash -boarding) in the finished mat. Any type drag used shall be approved by the Engineer and kept in a completely flexible condition at all times. 6. Cleaning Equipment Power brooms, power blowers, air compressors, water flushing equipment, and hand brooms suitable for cleaning the base surface and cracks therein shall be provided by the Contractor in accordance with Section 01560 "Temporary Controls" and Section 02000 "Revision of Section 105; Maintenance During Construction". 7. Auxiliary Equipment Hand squeegees, shovels and all other equipment necessary to perform the work shall be provided by the Contractor at no additional cost to the Owner. Subsection 409.06 shall be revised as follows: PREPARATION OF THE SURFACE Immediately prior to application of the slurry, the Contractor shall be responsible for ensuring that the surface is cleaned of all loose material, oil, silt spots, vegetation, and other objectionable material. Pavement cleaning methods must be approved by the Engineer prior to use. The Contractor shall apply oil spot primers to oil, gas and grease spots on pavement prior to applying the slurry seal. The Contractor must remove all weeds from pavement surfaces and from the interface of the concrete curb and asphalt prior to the application of any slurry seal. The Engineer shall give final approval that the surface has been prepared properly. Costs associated with these requirements shall be included in the unit price of the slurry seal work and shall not be paid for separately except as discussed in Section 02000 "Revision of Section 105; Maintenance During Construction". If the slurry is being placed over a brick or concrete surface, a highly absorbent asphalt surface, areas subjected to dusty conditions or over a surface where the aggregate has become exposed and is polished and slick, a one part emulsion, three part water tack coat of the same emulsion type and grade as specified for the slurry is recommended. This can be applied with an asphalt distributor. The normal application rate is 0.05 to 0.15 Project Specifications — Page 11 of 29 ?. All interest on the fuF amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. ECTION Il - WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only wl th respect to the conduct of a business cf which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only -with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venturd or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your employees, other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts _within the scope of their.employmept by,_you,._inoluding_rendering_first aid_.in-an. emergency. -.However none of ihese•am- ployees or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), a co-pmployse while in the course of his or her employment or. performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -employee as a consequence of Paragraph (11(a) above; (o) For which there is any obligation, to. shares damages yyitb. or. repay so.MQonq else who must pay. . damages because of the Injury described In 'Paragraph (i)(a) or (b) above. (2) "Property damage" to property: (a)' Owned, occupied or used by; lb) Rented to, In the cars, custody or control of, or over which physical control is being exercised for any purpose by you, any of your employees, "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your employee or "volunteer worker"), or any organization while acting as your real estate manager c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability resulting from the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part, 3. With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person, is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability resulting from the operation of the equipment, and only if no other insurance of any kind is available to that person cr organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co.-empfoyse of the person driving the equipment; or y "❑ rLM1C.."I.a, �n - �'y .........0 L... a...l.a� Le L rape, .y -a5 a piep2, .y vvviLo vy, rantedo, in th charge c] tir oc;c.upiao hr y6u or ti`le ,empidyef of any person who is an insured' under this provision. UND 247 04 02 Page a of '16 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. RESPECTFULLY SUBMITTED: CONTRACTOR BY: Signature Date Title -&A License gumber (If Applicable) (Seal of $d;=.is by corporation) ittst yi J Y Address /93s S/t/d W`/ DG✓c %�/. %r o o 42 L d� Cz) � D D o2 p Telephone j03— yGSol—, 9.2 Email /2v'4 aNC2 Q / Clf/PsrAt , Cv>-� 7/96 Section 00300 Page 3 CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release(Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors 7/96 Section 00410 Page 1 SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned A-i(7iinse'� coem�nv as Principal, and as Surety, are hereby held and firmly bound unto the City' of Fort Collins, Colorado, as OWNER, in the sum of $ Five Percesnt of the * for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted' to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 6054 Asphalt Slurry Seal Project. 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. *Total Amount Bid ------- (5%-------- ) 7/96 Section 00410 Page 2 R IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this 21st day of May , 20 07, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL Name, A-1 Chipseal company Address: 3-935 Snowy Owl Drive Broomfield, CD 80020 By: ekn ag rest ent Title 177 *HRHO SURETY Hartford Casualty Insurnce Company Hartford Plaza Hartford, CT 06M By: Florietta Acosta Title: Attnrnev-In-F h I L b rogal 5 hobbs' 7/96 (SEAL) HRH of Colorado P.O. Box 469025 Denver, CO 80246-9025 m 303-722-7776 ft 303-722-8862 Section 00410 Page 3 "f . N TFORD POWER OF ATTORNEY P.O. gp� 03 �gSYLUMAVENUE HARTFDRD, CONNECTICUT 06115 call 888-266-M8 or fax. 860 757.5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 34341300 Q Hartford Fire Insurance Company, a corporation duly organized under the laws ofthe State of Connecticut Hartford Casualty Insurance Company, a corporation dully organized under the lavers of the State oflndrana XQ Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation'duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duty organized under the laws of the State of Indiana Q Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State ofMbiois Hartford insurance Company of the Midwest, a corporation duly organized under the laws of the Stare oflndiana Q Hartford Insurance Company of the Southeast, a corporation dully organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the `Companies") do hereby make, consfudtte and appoint, up to the amount of unlimited: James S. Rosu/ek J. R. Richards, Frank C. Penn, Dilynn Guam, Kevin W McMahon, Donald E Appleby, Gloria C. Blackburn, Flodetta Acosta, Kristen L. McCormick Susan J Lafterulo, Tdfany McGonig/e of Denver, CO their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as sunety(ies) only as delmeated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and execs ing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by mow. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seats to be hereto affixed, duly attested by its Assistant Seretay. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and "I be bound by any mechanically applied signatures applied to this Pourer of Attorney. , 04000(000io -fc,,,Q a . Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECUCUT s& Hartford COUIM OF HARTFORD David T. Akers, Assistant Vase Presidu t On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly swom, did depose and say*. that he resides in the County of Hampden. Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority (a CBtiffICATE I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that copy of the Power of Attorney executed by said Companies, which is slid in full force effective as of Signed and sealed at the City of Hartford. 64*99(Do soon.�.• a �••♦rllri► 5 rYT9 _• 1'4uww' Gary W. Stumper, Assistant Vice President :ct Pea 2004 SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder: /PS'Ei9c. Co. 93.E showy aw4- 'br. 2. Permanent main office address: ,a.coo 020 3. When organized: /Vdd. / 9 qd- , 4. If a corporation, where incorporated: ed 4-0 2n*A) 0 5. How many years have you been engaged in the contracting business under your present firm or trade name? /) j/C-79,es 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) 7. General character of Work performed by your company: Q'otAlcxje--.o� eS' L�c.eic Sc� c 8. Have you ever failed to complete any Work awarded to you?1VO_ If so, where and why? 9. Have your ever defaulted on a contract? I%D If so, where and why? 10. Are you debarred by any government agency? ly d If yes list agency name. 7/96 Section 00420 Page 1 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. 12. List your major equipment available for this contract. 15c6 /�- 7-7/YC147"EJ 13. Experience in construction Work similar in importance to this project: �sp�..�r �c�,, y �'re�ev-a oOG FY•4c�i, s 8 Ao 'V" S,9G7- L�9rc� MF2 �e4. u, Co 0.4 y Pr dxc cT 14. Background and experience of the principal members of your organization, including officers: .4-7-7-F9C//4E7%J 15. Credit available: $ ou 16. Bank reference: We/is Frrr (/ 80mk- 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? Yes 18. Are you licensed as a General CONTRACTOR? If yes, in what city, county and state? Vf4�:ous What class, license and numbers? UA�t•'��r 19. Do you anticipate subcontracting Work under this Contract? yES If yes, what percent of total contract? %6 and to whom? iy/j w�q T4FC,yzya t- u S ;CJ- 20. Are any lawsuits pending against you or your firm at this time? /V D IF yes, DETAIL 7/96 Section 00420 Page 2 21. What are the limits of your public liability? DETAIL S-C rt 4T7 A C"eb What company? /y, au, j7;j;. "A1 sTr9 7 c r M u r-u y c C 19.r 4e,40 t-;, C-d • 22. What are your company's bonding limitations? C-E i47-;P-i'9 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. �o�oOrlif,c�.a Dated at Ca C-0 n,¢a, this a- / S� day of h-) ^a , 20417. CA'S E,9 c Ca - Name of Bidder By: Title: Ben Vagher, Prulent State of County of ",2 N- D o z?2oo I"j=1 c-" C n/ Vrb7 (z- y e- -'e- being duly. sworn deposes and says that he is /LrsIDEAl- of -/ Cxot-,6:4e. COF and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this off— day of�, 209. Notary Public 51 r� 11S�u Qom- `NO Mq9 y p; NOTAR _ i aw-- My commission expires LAST r, UBL G.� P 1 My Commission Expires Aug. 25, 2008 7/96 Section 00420 Page 3 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 10% of the contract. ITEM (o 30, cl/ �vlxr-u 630 , /7 hA/D G _3 O, /$ SUBCONTRACTOR ?�CHNO G o6 icS 7/96 Section 00430 Page 1 A-1 Chipseal Past / Current Contracts , May 08, 2007 4dams County $ 230,000 6115106 To Be Bid Sam Gomez, 303-947-9019 Aurora $ 650,000 8120106 $ 700,000 John Bruneau, 303-326-8200 3roomfield $ 4000000 811106 $ 500,000 Geoff Wells, 303-464-5694 DOT $ 1,500,000 7131/06 $ 2,500,000 Gary DeWitt, 970-350-2131 ,olorado Springs $ 7509000 611106 $ 1,000,000 Pam Brown, 719-385-5266 'ommerce City $ 200,000 81W06 To Be Bid Glenn Ellis, 303-289-8172 Denver, City & Co $ 19250,000 10/15/06 $ 1,000,000 Dan Roberts, 720-865-6858 Douglas Co $ 450,000 711106 $ 500,000 Karl Lucero, 303-660-7490 Fort Morgan $ 2009000 7120106 $ 250,000 Ken Brenneman, 970-768-0125 Greeley $ 120,000 8110106 $ 1500000 Pat Hill, 970-350-9540 Johnstown $ 100,000 5120106 $ 2009000 Don Garner, 970-587-4664 Lakewood $ 2009000 6/18106 $ 3009000 Chris Jacobson 303-987-7953 Loveland $ 4259000 6118106 $ 450,000 Dave DeBaer, 970-962-2510 Parker $ 5000000 7/12106 To Be Bid Ron Martinez, 303-805-3163 Westminster 1 $ 1,500,000 10/15/06 $ 11200,000 Ray Porter, 303-430-240 X 2623 A-1 Chipseal Schedule of Equipment Unit Description Name Year Colo mn / Serial # Plate 101 GMC Flatbed It 102 Ford F350 Diesel Jamie 2005 White 1FTWW31P85EB27160 497FHR 103 Ford F350 Fidencio 2003 Gray 1 FTSW31 P53ED36674 489FHR 104 Ford Crown Vic (Cop) Yard 1997 White 2FALP71W5VX165500 802JDB 105 GMC Flatbed 1999 White 4KDB4B1R4XJ000038 495FHR 106 Chev Impala Ben 2001 Chmp12GIWH55K619303133 804JDB 107 GMC Sierra 3500 Eloy 2007 Gray JIGTHK33D77Fl6l420 TEMP 108 Ford F350 Abel 2005 Red 1FTWX30P75EB26371 490FHR 109 GMC Sierra 1500 2007 Black 2GTEK131VI971602835 TEMP 110 Ford 1 Ton Clean Up 2001 Blue 1FTSX30F71EA44916 482FHR 111 Ford 1 Ton Kevin A. 2001 Black 1 FTSW31 F61 ED74791 491 FHR 112 Ford F350 Gerardo 2002 Silver 1FTWX33F32ED28168 500FHR 113 GMC Mechanics Truck 1985 White 1GDHC34M3FV602617 492FHR 114 Ford F150 Kevin 2004 Red 1FTPX14544NB27736 481FHR 115 Chev Impala Katherine 2004 Crean 2G1WH55K649239941 803JDB 116 Ford F150 Danny B. 2002 Gray 1FTRX18L92NBO7884 498FHR 117 Ford F250 SD Eladio 2005 White 1FTSX20556EA42282 494FHR 118 Ford Explorer Troy 2005 White 11FMZU73K85UA03161 801JDB 119 Ford F250 Armando 2000 Whitel 1FTNF2OL5YEB16481 488FHR 120 Ford F-150 Luis Sr. 2004 White 12FTRX17W84CA27903 484FHR 121 Ford F-350SD Boy 2006 White 1FTWW31P86EB94472 483FHR 122 GMC Flatbed Crackseal 2001 White J8DE5B14017900523 485FHR 123 GMC CabOver P.U. 2007 18DC4,116977015459 TEMP 124 Ford F350 SD Paul 2005 Black lFTWW31P75EB13668 5011WG 125 Ford F350 SD Ryan 2006 White 1FTWX31P96EB98981 486FHR 126 Ford F350 SD Corey 2006 Black lFTWW31P66EC87961 487FHR 127 GMC W36 Flatbed 2002 White J8DB4B14427005026 493FHR 200 Wanco Arrow Board 1991 OrangJ323912 211 ESC 201 Wanco Message Dir. 2005 Orangj 5F12S121551001692 907ESI 202 Wanco Messa a Dir. 2005 Orang 5F12S121751001693 906ESI 203 Amida Arrow Board 1979 Orang 86081474 830ESZ 300 StedingNSS 2007 Red 2FZHATDJ27AX56463 478FHR 301 Kenworth Distributor 1979 Blue 266204J 358AUW 302 International Distributor 1998 White 1HTGLAHT2WH541204 475FHR 303 StedingNSS 2007 Red 2FZHATDJ47AX55464 477FHR 304 Kenworth Distributor 2006 Red 1NKDLBOX16R132088 476FHR 305 Freightliner/Ber kamp 2007 White 1FVHC5CV27HW73595 479FHR 306 Kenworth Distributor 2002 Red 1NKDLUOX52R892661 472FHR 307 Freightliner/Bergkamp 2007 White 1FVHC5CV07HW73594 480FHR 308 Kenworth Distributor 2003 Red 1NKDLBOX23J393918 473FHR 400 Freightliner Tractor 1979 Red CB113HP172086 854ESZ 401 Peterbilt Tractor 1989 White 1XPFDB9XOKD280720 855ESZ 402 Peterbilt Tractor 1989 White 1XPFDB9XXKD284368 856ESZ 403 404 Peterbilt Tractor Ford Water Truck 1998 Red 1XP5DU9X6WN450957 857ESZ 1995 White 1 FTYS95W3SVA58477 474FHR 405 Intl Truck Tractor 2000 2HSCEAXROYCO7258 408 PJ Utiliy Trailer 2005 Gray 4P5SA141352079079 834ESZ 409 Fruehauf Tanker Pup 1960 Silver FR50716 841 ESZ 501 Trail King Trailer 48' 2007 625 502 Etnyre Tanker DEPOSIT 510 Trailer 102"x20' 12006 1 Black _ 15L8GF262261004368 846ESZ 5/18/2007 SECTION 00020 INVITATION TO BID 07/2001 Section 00020 Page 2 A-1 Chipseal Schedule of Equipment Name Year Colo Vin / Serial # Plate il Kin Trailer Lowboy 2006 Black 1TKA048246MO45941 836ESZ rUnitscription ehauf Tanker 1985 Silver 4TO4320FL009806 838ESZ ehauf Tank 1959 OM16650C 847ESZ mpte Pup Trailer 1977 Silver D77158103 850ESZ 551 Cowboy 2 Axle Trailer 1980 Silver TR100580 843ESZ 562 Beall Tanker 1972 Black DITS2291711 853ESZ 553 Freuhauf Tanker 1964 Silver FRE225501 852ESZ 554 Cowboy 2 Axle Trailer 1980 Silver TR100780 842ESZ 565 Trailer Exp. 16' Utility 2003 Black 5CVUS16283SO20679 833ESZ 557 Trailer 16' Wrap 2001 Red 5CVUS16251SO09720 831ESZ 558 Trailer 5 X 10 2001 Blue 5CVTS101X1S009403 832ESZ 559 Superior Trailer 2004 Red ilS9AP10274C241069 835ESZ 560 PJ Utility Trailer 2006 4P5CH162162086801 84BESZ 600 BearCat Chipper 2005 Orang 1 B9BC16205A173007 X145801 603 BearCat Chipper 2002 Orang 1B9BC1629YA173009 X145797 607 Case Loader 1991 YelloA JAK0027731 826ESZ 608 Case Loader 1991 Yello JAK0027675 827ESZ 609 Volvo Loader 2004fYello% L90EV66508 905ESF 610 Volvo Loader 2005L90EV67053 053JDE 701 Hypac Roller 2006901A22202277 X160872 702 Hypac Roller 2000109A22201760 X145799 703 Strick 28'Van Trailer 1992 1S11S8286NG345817 NONE 704 H pac Roller 2002109A22201942 X145800 705 Hypac Roller 2005901A22202173 X145796 800 Grimmer Compressor 1979 White 1756247 911 ESI 801 Broce Broom 2005 Orang 404596 908ESI 802 Gilcrest Tack Tank 2003 Red lIP9BT111531446016 903ESI 803 Sullair Air Compressor 2005 Green 4149928 909ESI 804 Cimline CrackSeal Mach 2004 Black 4230206 844ESZ 8 55 EI in Sweeper 2006 White 49H6WFAA7YHF84351 210ESC 806 Johnston 605 Broom 1995 White 1 FDXH70C6SVA31362 212ESC 807 Johnston 705 Broom 1994 White 1FDYH81EORVA38196 910ESI 808 Johnston 700 Broom 1990 White 4V2DAFAD7LN633179 828ESZ 809 Johnston 605 Broom 1995 White 11FDXH70CXSVA67085 904ESI 810 Johnston 605 Broom 1999 149H67FAAXXH870797 TEMP 900 Red River Trailer MILE HIGH 1999 White 4ZYLB4221X1000153 845ESZ 901 Red River Trailer MILE HIGH 1999 White 4ZYLB4221X1000282 849ESZ 903 Cherokee Travel Trailer 1999 White 4X41 CKC24XK081641 829ESZ 904 Load Max Trailer 2004 Black 5L86F252441410634 837ESZ 906 Clement End Dump MILE HIGH 2O02 White 5C2BB38B02M003522 1839ESZ 5/18/2007 Aml Chimpseal Company Kev Personnel Work Resumes , Ben Va her President, Owner 30 Cost Accounting, Contract Comphance, EEO officer, Financial Statements, Work quality, Customer Service, safety Western Mobile 19e0-1996 Danny Gryzmala Vice President, Owner 10 Cost Accounting, ontract Compliance, EEO officer, Financial Statements, Work quality, Customer Service, safety RG Insulation Troy Beer Estimator 16 Estimating, Cost Accounting, Contract Compliance, Job Performance, Customer Service, Employee training, safety Quality Resurfacing 1990-2005 Boy Medina distributor Operator 12 Safety, Job quality, crew management, job performance, customer service, employee training, contract compliance Western Mobile 1094-1997 Danny Beer Project Foreman 13 Safety, Job quality, crew management, job performance, customer service, employee training, contract compliance Quality Resurfacing 1993-2005 Luis Ortega Crew Foreman 11 Safety, Job quality, crew management, job performance, customer service, employee training, Contract compliance Quality Resurfacing 1995-2005 Corey Martenson Opertions Manager 13 Safe , Job quality, crew management, job performance, customer service, employee training, contract compliance Western Mobile 1994-1996 Paul Salazar Foreman 13 ISafety, Job quality, crew management, job performance, customer service, employee training, contract compliance Western Mobile 1994-1997 Kevin Ayers Distributor Operator 10 Equi ment, Distributor Operator Bestway Paving Kevin Furney Distributor Operator 21 Equipment, Distributor Operator Western Mobile 1991-1996 Gerafdo Medina Ch' s reader Op 17 Equipment, Chipspreader Operator Western Mobile 1991-1986 Rosalind, Martinez Office Manager 10 Cost Accounting, Contract Compliance, EEO officer, Financial Statements, Work quality, Customer Service, safety Rocky Mountain Trade Center COMMERCIAL PACKAGE POLICY R )untain States Mutual Casualty Co.® GENERAL LIABILITY COVERAGE PART 5u.,1 Journal Center Blvd. NE Policy Number: CPP 0106662 02 05 Albuquerque, NM 87109 Named Insured: A-1 CHIPSEAL CO ie i) 764-1400 Agent: HILB ROGAL & HOBBS 0000382 IN hcTURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE ITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. .i HIS COVERAGE PART CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THE PREMIUMS MAY BE SUBJECT TO ADJUSTMENT. JDIT FREQUENCY ANNUAL LIMITS OF INSURANCE General Aggregate Limit $2, 000, 000 Products - Completed Operations Aggregate Limit $2, 000, 000 Each Occurrence Limit $1, 000, 000 Personal and Advertising Injury Limit $1, 000, 000 Fire Damage Limit, any one fire $100, 000 Medical Expense Limit, any one person $10, 000 AMENDED LIMITS OF LIABILITY Refer to attached schedule, if any. LOCATIONS OF ALL PREMISES YOU OWN, RENT OR OCCUPY Refer to attached schedule. ( iSSIFICATIONS Refer to attached schedule TOTAL PREMIUM FOR THIS COVERAGE PART $48, 002 DEPOSIT PREMIUM hese Declarations together with the common policy conditions, coverage declarations, coverage form(s) and ndorsements, if any issued , complete the above numbered policy. ;sued Date: 10-26-10 A GLDEC 0795 Insured Copy *HRH h I L b ro gal & hobbs- Re: A-1 Chipseal Company Bonding Capacity To Whom It May Concern: We handle the surety bonds for A-1 Chipseal Company, and have been acquainted with them for many years. A-1 Chipseal Company, is considered very reputable, and experienced in their field. They enjoy a fine relationship with owners, architects, engineers and suppliers. We recommend them as a very competent and reliable contractor. A-1 Chipseal Company is capable of providing bonds in the $3,000,000.00 single range with an aggregate of $10,000,000.00. Their Bonds are underwritten for Hartford Casualty Insurance Company. Hartford Casualty Insurance Company is a Treasury Listed company with a Best's Insurance Rating of A+ and a Financial Rating of XV. Naturally, consideration of any project and subsequent issuance of bonds is subject to all underwriting criteria being met along with review of any final contract terms, conditions and financing involved with the project. We are confident that you will find A-1 Chipseal Company a pleasure to work with. If we may be of further assistance in any way, please do not hesitate to contact us. Thank you. Sincerely, HRH of Colorado "t, Florietta Acosta Account Manager FZA 720 S. Colorado Blvd., Ste. 60ON P.O. Box 469025 Denver, CO 80246 ® 303-722-7776 303-722-8862 B w .hrh.com SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD Date: May 23, 2007 TO: A-1 Chipseal Company PROJECT: 6054 Asphalt Slurry Seal Project OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated May 21, 2007 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 6054 Asphalt Slurry Seal Project. Bid Schedule City of Fort Collins Total Cost (A) $ 288,321.37 Bid Alternate - Parker Area Item No. 109.03 Capseal SY 23235 X $3.35 SY +$77,837.25 Type II Asphalt Slurry Seal Item No. 409.01 23235 SY X $1.38 SY-$32,064.30 City of Fort Collins Total Cost $ 334,094.32 The Price of your Agreement is Three Hundred Thirty Four Thousand Ninety Four Dollars and Thirty Two Cents ($334,094.32). Three (3) copies of each of the proposed Contract Documents accompany this Notice of Award. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by June 7, 2007. 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 OWNER to consider your Bid abandoned, declare your Bid Security forfeited. within the time specified will entitle to annul this Notice of Award and to Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. City of Fort Collins OWNER J (� By: Ovct� ' • (0 1�-�`-'. i ,Tamels B. O'Neill, II, CPPO, Ff1IGP D' ctor of Purchasing & Risk Management 9/12/01 Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 23 day of May in the year of 2007 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and A-1 Chipseal Company (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 6054 Asphalt Slurry Seal Project; this work shall consist of the placement of Type II asphalt slurry seal, and the related traffic control, on residential streets and parking lots in The City of Fort Collins and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by City of who is hereinafter called ENGINEER and responsibilities and will have the rights in the Contract Documents in connection accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES Fort Collins Engineering Division , who will assume all duties and and authority assigned to ENGINEER with completion of the Work in 3.1 This Agreement shall commence upon signing, and shall continue in full force until June 1, 2008 unless sooner terminated as herein provided. In addition at the option of the City, the agreement may be extended for additional one (1) year periods not to exceed four (4) additional one (1) year periods. Pricing changes, if any, shall be negotiated by and agreed to by both parties in writing. 3.2 The Work for the City of Fort Collins shall be Substantially Complete within 20 consecutive working days from the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within fifty (50) calendar days after the date when the Contract Times commence to run for work for the City of Fort Collins. 9/12/01 Section 00520 Page 1 3.3. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is, not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: Five Hundred Dollars ($500) for each working day or fraction thereof that expires after the Twenty (20) working day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, One Thousand Dollars ($1000) for each calendar day or fraction thereof that expires after the Twenty (20) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: Three Hundred Thirty Four Thousand Ninety Four Dollars and Thirty Two Cents ($334,094.32), 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, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the 9/12/01 Section 00520 Page 2 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. 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, 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. 90% 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 for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient 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 9/12/01 Section 00520 Page 3 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: 7.2.1Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5Application for Exemption Certificate 7.2.6Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: N/A The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 9/12/01 Section 00520 Page 4 SECTION 00020 INVITATION TO BID Date: April 27, 2007 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock, on May 21,2007 for the Asphalt Slurry Seal Project; BID NO. 6054. If delivered, they are to be delivered to 215 North Mason Street, 2"d Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. 0. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the construction of Bid 6054 Asphalt Slurry Seal Project. This work shall consist of the placement of Type II asphalt slurry seal, and the related traffic control, on residential streets and parking lots in the City of Fort Collins. This bid is a cooperative bid with the City of Fort Collins and Larimer County. Larimer County will complete their own agreement. This is a one year agreement but, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Pricing changes shall be negotiated by and agreed to by both parties and may use the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office as a. guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than 90 days prior to contract end. 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. Contract Documents will be available April 27, 2007. The -Contract Documents may be examined online at: 1. City. of Fort Collins BuySpeed: https://secure2.fcgov.com/bso/login.jsp 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. 07/2001 Section 00020 Page 1 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. 9/12/01 Section 00520 Page 5 OWNER: EITY OF FORT COLLINS By: JAMES B. CPNEILL II, CPPO, FNIGP DIRECTOR OF PURCHASING AND RISK MANAGEMENT CONTRACTOR: A-1 Chipseal Company By: Title: Ben Vagher, President Date: Date: MW -1 023 a a0'% ��pStT•Cp4`' (CORPORATE SEAL) Attest: ttest: City Clerk te4�6jr6QO Address for givingnoddress for giving notices: P. O. Box 580 f� O. /(y� /U d a Fort Collins, CO 80522 [3/Zaak7.> cc q �O a3D� LICENSE NO.: Appr vied a o Form As ist nt City Attorney 9/12/01 Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work: 6054 Asphalt Slurry Seal Project To: A-1 Chipseal Company 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: A-1 Chipseal Company By: Title: 7/96 Section 00530 Page 1 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND Bond No. 34BCSEN8627 KNOW ALL MEN BY THESE PRESENTS: that (Firm) A-1 Chipseal Company (Address) 1935 Snowy Owl Drive, Broomfield, CO 80020 (a Corporation), hereinafter referred to as the "Principal" and (Firm) Hartford Casualty Insurance Company (Address) Hartford Plaza, Hartford, CT 06115 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 Three Hundred Thirty Four Thousand Ninety Four & * 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 23rd day of May, 2007 a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project,6054 Asphalt Slurry Seal Project. 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. *32/100 -- ($334,094.32 -) 7/96 Section 00610 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 25thday of May , 2007. (Corporate Seal) IN PRESENCE OF: N/A A (Surety Seal) Principal A-1 Chipseal Compan (Title) ' 1935 Snow Owl Drive, Broomfield, CO 80020 (Address) Other Partners By: w/A By: rety Hartford Casualty Insur g Caaapany Florietta Acosta,Attorney-lh-Fact One Tower Square. Hartfnrdi,,�CT- 0611_ (Address) A NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 Section 00610 Page 2 HRH of Colorado HRHP.O. Box 469025 ® Denver, CO 80246-9025 m 303-722-7776 h i l b r o g a l & h o b b s" 0 303-722-8862 SECTION 00615 PAYMENT BOND Bond No. 34BCSEN8627 KNOW ALL MEN BY THESE PRESENTS: that (Firm) A-1 Chipseal Company (Address) 1935 Snovy Owl Drive, Broomfield, CO 80020 (a Corporation), hereinafter referred to as the "Principal" and (Firm) Hartford Casualty Insurance Company (Address) Hartford Plaza, Hartford, CT 06115 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 Three Hundred Thirty Four Thousand Ninety Four * 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 23rd day of May, 2007, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 6054 Asphalt Slurry Seal Project. 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. *&32/100--($334,094.32 ) 7/96 Section 00615 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 25thiay of May , 20 07. IN ENCE OF'� .N � ,rYWYVF OA (Corporate Seal) Principal A-1 Chipseal Company By. Ben Va r, Presider (Title) 1935 Snowy Owl Drive, Broomfield, CO 80020 (Address) IN PRESENCE OF: Other Partners N/A N/A N/A N/A IN PRESENCE OF: surety Hartford Casual y Insnr 'ce-Company ' By : Florietta Acosta, Attorney -In -Fact 'ff n' le Surety Witness I= Hartford Plaza, Hartford, Cr 06115 (Address) (Surety Sea ) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 Section 00615 Page 2 Dvect/nquides/Claims to: POWER OF ATTORNEY P.O. BTHE HARTFORD OX 2103,690BONDASYLUUM AVENUE HARTFORD, coNmEcricm o5115 call: 888-266-M8 or fax: 660 7575835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 34-341300 X� Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut X� Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire insurance Company, a corporation dully organized under the laws of the State of Indiana Hartford insurance Company of Illinois, a corporation duly organized under the taws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the `Companies") do hereby make, constitute and appoint, up to the amount of unlimited: James S. Rosulek, J. R. Richards, Frank C. Penn, Dilynn Guem, Kevin W. McMahon, Donald E. Appleby, Gloria C. Blackburn, Florietta Acosta, Kristen L. McCormick Susan J. Lattarulo, Tiffany McGonigle of Deriver, CO their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other wriften instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and wig be bound by any mechanically applied signatures applied to this Power of Attorney. ��� � _ �'`anes.PM1. 4ar/► €,E ZYT4}t� � ZD74-� t OL Paul A. Bergenholtz, Assistant Secretary David T. Akers, Assistant Vice President STATE OF CONNECTICUT ss, Hartford COUNTY OF HARTFORD On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly swum, did depose and say. that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations, that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed Nis name thereto by like authority. CtRTHCp1:E My Commission i S*= t adm 31, 2007 {' I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the abovw4fid foregoing is a trite and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of May 25,2007 Signed and sealed at the City of Hartford. �.� •I r•«v •L • ?ac ��� r�a„e..,aw a„ ♦•nIM �` • ZY79 �\ZyT9 c in Gary W. Stumuper, Assistant Vice Puesident POA 2004 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 7/96 Section 00630 Page 1 The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. 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 50 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 feB7- Oing & Risk Management Director 07/2001 Section 00020 Page 2 cnentw s3u76 8A1CHIPS ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE MMID 05/25107DmVY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HRH of Colorado ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 720 South Colorado Boulevard HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 600N Denver, CO 80246 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: Mountain States Insurance Group 5900 A-1 Chipseal Company INSURER B: Pinnacol Assurance 1935 Snowy Owl Drive Broomfield, CO 80020 NSURER c INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR '_TR DD' NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YV POLICY EXPIRATION DATE MMI D1YY1 LIMITS A GENERAL LIABILITY CPP0106662 10/01/06 10/01/07 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE FxI OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $100 000 MED EXP (Any one person) $10 000 X Al #UND247 PERSONAL & ADV INJURY $1 000 000 04/02 GENERAL AGGREGATE s21000.000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG s2,000,000 POLICY X PRO LOC JECT A AUTOMOBILE LIABILITY ANY AUTO BAP0106662 10/01/06 10/01/07 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG A EXCESS/UMBRELLA LIABILITY X OCCUR CLAIMS MADE U MB0106662 10/01/06 10/01/07 EACH OCCURRENCE $5 000 000 AGGREGATE s5,000,000 $ DEDUCTIBLE X RETENTION $ 10 000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE 4055760 Owners/Officers 10/01/06 10/01/07 X wcsrATT orH- E.L. EACH ACCIDENT $SOO OOO OFFICER/MEMBER EXCLUDED? If yes, describe under Included E.L. DISEASE - EA EMPLOYEE $SOO OOO E.L. DISEASE - POLICV LIMIT $SO0,000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT ISPECIAL PROVISIONS Project Description: 6054 Asphalt Slurry Seal Project 2007 The following are Additional Insureds as respects General Liability and Umbrella Liability (Following Form) only if required by written contract (See Attached Descriptions) UANCtLLA I ION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Fort Collins DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3n* DAYS WRITTEN 300 La Porte NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Fort Collins, CO 80522 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED ACORD 26 (2001108) 1 of 3 #S531255/M498720 8MJON © ACORD CORPORATION 1988 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 in 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. ACORD 25S (2001/08) 2 of 3 #S531255/M498720 DESCRIPTIONS (Continued from Page 1) I and coverage applies only as respects work performed by the Insured for he Additional Insureds. All coverage terms, conditions and exclusions if the policy apply. 'he following are Additional Insureds on the Automobile Liability only to he extent they meet the definition of an insured in the policy, which provides in pertinent part that an insured includes anyone liable for the onduct of another insured but only to the extent of that liability. k1l coverage terms, conditions and exclusions of the policy apply. Consult the policy to determine the extent of coverage, if any. Mitional Insureds: City of Fort Collins The General Liability coverage is Primary per the rolicy terms & conditions only if required by written contract. The Workers' Compensation policy includes a Waiver of Subrogation in favor of the Additional Insureds only if required by written contract. i he Additional Insured endorsement which is referenced above under "Type of Insurance -General Liability" is attached. The following cancellation conditions always apply: -10 days for non-payment of premium - If policy shown, 10 days for Workers' Compensation for fraud; material misrepresentation; non-payment of premium; other reasons approved by the Commissioner of Insurance %MS 26.3 (2001/08) 3 of 3 a yS531255/M498720 4. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: e. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage S does not apply to "personal and advertising injury" resulting from an offense committed before you acquired or formed the organization. Any person or organization to whom or to which you are obligated by virtue of a written contract, agreement or permitto provide such insurance as afforded by this policy is an insured, but only with respect to liability resulting from: a. "Your work" for that insured by you; b. Permits issued by state or political subdivlsione'.for operations performed by you; or c. Premises you own, rent, occupy or use, This provision does not apply unless the written contract or agreement has been executed, or the permit has been issued, prior to the "bodily injury', "property damage", or "personal and advertising injury". This provision does not apply to any person or organization for 'your products". The ADDITIONAL INSURED - VENDORS endorsement must be attached to the policy to provide coverage- for "your'produots ". No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liabiilty_company that is not show as g_N med lamirad_iD The_Deglarations, SECTION III - LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a- Insureds; b. Claims made or "suits" brought; or c. Persons or organizations malting claims or bringing "suits". d. Parsons or organizations Included by virtue of written contract, agreement or permit. Their Limits of Insurance shall be the limit required by that written contract, agreement or permit or the Limits of insurance of this policy, whichever is less, and shall not be in addition to the Limits of insurance shown in the Declarations. 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage.A, except damages because of "bodily Injury' or "property damage' included in the "products -completed operations hazard"; and c. Damages under Coverage B. 3: The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard". 4. Subject to 2. above, the Personal and Advertising .Injury limit is the most we will pay under Coverage 13 for the sum of all damages because of all 'personal and advertising injury" sustained by any one person or organization. S. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage' resulting from any one "occurrence". 6. Subject to S. above, the Damage To Premises Rented To You limit is the most we will pay under Coverage A for damages because of "oroperry damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you virrh permission of the owner. UND 247 04 02 Page 10 of 16 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE:6054 Asphalt Slurry Seal Project PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: A-1 Chipseal Company CONTRACT DATE: May 23, 2007 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. By: 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: 7/96 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Gentlemen: 0 You are hereby notified that on the day of 20_, the City of Fort Collins, Colorado, has _ accepted the Work completed by for the City of Fort Collins project, 6054 Asphalt Slurry Seal Project. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to Documents which are dated , 20 the terms of the Contract In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: 20 Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: 7/96 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: A-1 Chipseal Company (CONTRACTOR) PROJECT:6054 Asphalt Slurry Seal Project 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the 7/96 Section 00650 Page 1 OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of , 20 CONTRACTOR By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this 20_, by Witness my hand and official seal. My Commission Expires: Notary Public day of 7/96 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: A-1 Chipseal Company PROJECT: 6054 Asphalt Slurry Seal Project CONTRACT DATE: 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 , (Surety Company) M ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. 7/96 Section 00650 Page 3 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR e172 (12199) C COLORADO DEPARTMENT OF REVENUE V ( 3033))22 241B026' CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuantto Statute Sedan 39 26.114(1)(a)PQX) DO NOT WPoTE IN THIS SPACE The exemption certificate for which you are applying must be used onty for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation ofyour exemption certificate and other penalties provided by law. A separate certificate is required for each contract Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. ovation Accout No. to be assigned byD Feud 0170-750 (999) $0.00 89 - re a name er, "Mar, or corpora a name: aNng address y, State.Zip): uomact Person - ail address: a era oye sIdentifica on Number: clamountroryourconvect: ax umber. Business telephone number: Coloradoml o ing tax awount num er ame o exemp organize on es s own on con sc Exempt organza cn s numter: 98 - ress of exempt organize on (City, State.Zip): Principal contact at exempt organization: Principal contacts telephong M—mTe—r— Physical locationo prorec site glue ac a a ress v4nen applicalple and Cites and/or County (ies)ere project Is located) Scheduled Monthay ear Estimated Month ay Year constmotion start date'. completion date: 1 declare under penalty of perjury in the second degree Mat the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer e of corpora to of Ecgr: . UU N U I VVKIIL BILL UVV IH16 LINL Section 00670 Page 1 SECTION 00100 INSTRUCTIONS TO BIDDERS 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 exam peon to subcontractors. Only prime contrac- tors 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 89i# 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 succeed- Ing 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 00670 Page 2 SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to that document are shown by underlining text that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph Number & Title TABLE OF CONTENTS OF GENERAL CONDITIONS Page Article or Paragraph Number Number & Title DEFINITIONS ..._............................................. _..1 1.1 Addenda....._..._..............._.............:..1 1.2 Agreement ........................................ 1 1.3 Application for Payment ........... .......1 1.4 Asbestos ..................... _.................._..1 1.5 Bid 1 1.6 Bidding Documents ..... ._.............. ..... .1 1.7 Bidding Requirements,__ ........... 1.8 Bonds ..................._..._ . _...._..._.._...1 1.9 Change Order.....,,,_ ,.....___............._1 1.10 Contract Documents „..........................1 1.11 Contract Price ......... ................1 1.12 Contract Times .................. 1 1.13 CONTRACTOR.............................._,_1 1.14 defective .................... .........1 1.15 Drawings............................................1 1.16 Effective Date of the Agreement.......... 1 1.17 ENGINEER ... ........... ............... ..........J 1.18 ENGINEERsConsultant ,,,1 1.19 Field Order; ..... ., 1 1.20 General Requirements ............ ..... ....... 2 1.21 Hazardous Waste _.,_2 1.22.a Laws and Regulations; Laws or Regulations .... _........ ... _......... _....... 2 1.22.b Legal Holidays... ....................... .......... 2 1.23 Liens .........:..........................:.....:......? 1.24 Milestone., ..........................................2 1.25 Notice of Award .................................. 2 1.26 Notice to Proceed 2 1.27 OWNER............:..........................:.....2 L28 Partial Utilization ................................ 2 1.29 PCBs ...................... .................... 2 1.30 Petroleum-....._.....,. 2 1.31 Project ....................................... ........ 2 1.32.a Radioactive Material 2 1.32.b Regular Working Hours ....................... 2 1.33 Resident Project Representative, ........... 2 1.34 Samples..............................................2 1.35 Shop Drawings ................................ 2 1.36 Specifications.....................................2 1.37 Subcontractor.........................__._.....2 1.38 Substantial Completion .......................2 1.39 Supplementary Conditions._...............2 1.40 Supplier 1.41 ..............................................2 Underground Facilities .................. 2-3 1.42 Unit Price Work..................................3 1.43 Work ............... 3 1.44 Work Change Directive .............. ........3 1.45 Written Amendment,,, _...,......_.3 Ill Page Number 2. PRELIMINARY MATTERS ............................_ 3 2.1 Delivery of Bonds............._,.._„_.,_,3 2.2 Copies of Documents ........................3 2.3 Commencement of Contract Timm Notice to Proceed...- ....... 2.4 Starting the Work „ .,,.,, 3 2.5-2.7 Before Starting Construction; CONTRACTORs Responsibility to Report; Preliminary Schediles; Delivery of Certificates of Insurance ...............:............... _ . 3-4 2.8 preconstnlction Conference; „ 4 2.9 Initially Acceptable Scheduies.......... 4 3. CONTRACT DOCUMENTS: INTENT, 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 Documents,, ....... 5 3.6 Supplementing Contract Documents ............................ ...... 5 3.7 Reuse ofDocuments .........................? 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS .............................. 5 4.1 Availability of Lands ......... ............ 5-6 4.2 Subsurface and Physical Conditions, ................................... 6 4.2.1 Reports and Drawings......................6 4.2.2 Limited Reliance by CONTRAC- TOR Authorized; Technical Data...:........................................ 6 4.2.3 Notice of Differing Subsurface or Physical Conditions..................6 4.2.4 ENGENEERsReview .......................6 4.2.5 Possible Contract Documents Change............. ...................... ......6 4.2.6 Possible Price and Times Adjustments .............................. 6-7 4.3 Physical Conditions --Underground Facilities ....................................... 7 4.3.1 Shown or Indicated 7 4.3.2 Not Shown or Indicated._._.__,_,...,,7 4.4 Reference Points ................................ 7 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) W1 CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph Page Article or Paragraph Page Number& Title Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum, 6.25 Submittal Proceedures; CON - Hazardous Waste or TRACTORS Review Prior Radioactive Material.. ......... ...... 7-8 to Shop Drawing or Sample Submittal .................................... 16 5. BONDS AND INSURANCE .......... 8 6.26 Shop Drawing & Sample Submit- 5.1-5.2 Performance, Payment and Other tals Review by ENGINEER ...... 16-17 Bonds ............................... ............... 8 6.27 Responsibility for Variations 5.3 Licensed Sureties and Insurers; From Contract Docum ents..:......... 17 Certificates of Insurance... ....._ _........ 8 6.28 Related Work Performed Prior 5A CONTRACTOR's Liability to ENGINEER's Review and Insurance ........... ..............................9 Approval of Required 5.5 OWNERS Liability Insurance ............... 9 Submittals...................................17 5.6 Property Insurance ..........................9-10 6.29 Continuing the Work _..................... 17 5.7 Boiler and Machinery or Addi- 6.30 CONTRACTORS General tional Property Insurance.................10 Warranty and Guarantee:............. 17 5.8 Notice of Cancellation Prmision......... 10 6.31433 Indemnification ..... .......... :........ 17-18 5.9 CONTRACTOR's Responsibility 6.34 Survival of Obligations .................18 for Deductible Amounts .................... 10 5.10 Other Special Insurance ..................... 10 7. OTHERWORK.... ................ ............................. i8 5.11 Waiver of Rights, ............................... 11 7.1-7.3 Related Work at Site ....................... 18 5.12-5.13 Receipt and Application of 7.4 Coordination ..... ........:..................Is Insurance Proceeds ...................... 10-11 5.14 Acceptance of Bonds andlnsra- 8. OWNERS RESPONSIBILITIES...................._.18 anee; Option to Replace... . ...... _11 81 Communications to CON- 5.15 Partial Utilization --Property TRACTOR ....... ............:.........18 Insurance........................................11 8.2 Replacement of ENGINEER ..... .......18 8.3 Furnish Data andPay Promptly 6. CONTRACTOR'S RESPONSIBILITIES 11 When Due 18 6.1-6.2 Supervision and Superintendence ....... 11 8.4 Lands and Easements; Reports 6.3-6.5 Labor, Materials and Equipment... 11-12 and Tests... .,....................... ...18-19 6.6 Progress Schedule,,,,, ...... „ , , ._..12 8.5 Insurance 19 6.7 Substitutes and "Or -Equal" Items; 8.6 Change Orders .... ..........._......_....,,19 CONTRACTOR's Expense; 8.7 Inspections, Tests and Substitute Construction Approvals....... I...........................19 Methods or Procedures; 8.8 Stop or Suspend Work; ENGINEER's Evaluation.............12-13 Terminate CONTR ACTOR's 6.8-6.11 Concerning Subcontractors, Services ,,,,,,19 Suppliers and Others-, 8.9 Limitations on OWNER'S Waiver of Rights, ............. ..... j3-14 Responsibilities ............................ 19 6.12 Patent Fees and Royalties....................14 8.10 Asbestos, PCBs, Petroleum, 6.13 Permits ............................................. 14 Hazardous Waste or 6.14 Laws and Regulations ........................14 Radioactive Material .................... 19 6.15 Taxes,,,,,,,,,,,,,,,,,, ,,, ,,,,,,, ,,, ,' 14-15 8.11 Evidence of Financal 6.16 Use of Premises., ...........::..................15 Arrangements.............................19 6.17 Site Cleanliness ...I .......... I ................ . 15 6.18 Safe Structural Loading.......... ... 15 9. ENGINEER'S STATUS DURING 6.19 Record Documents 15 CONSTRUCTION 19 6.20 Safety and Protection .................... 15-16 9.1 OWNERS Representative.......,,,,.... 19 6.21 Safety Representative......,., 16 9.2 Visits to Site......., 19 6.22 Hazard Communication Programs, ..... 16 9.3 Project Representative ................39.21 6.23 Emergencies,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 16 9.4 Clarifications and Interpre- 6.24 Shop Drawings and Samples., .... .... 16 tations........................................ 21 9.5 Authorized Variations in Wrk........ 21 EJCDC.4MNERAL CONDITIONS.1910-8 (1990 EDITION) W/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Page Article or Paragraph Number & Title Number Number & Title 9.6 Rejecting Defective Work ........ _.._._...21 9.7-9.9 Shop Drawings, Change Orders and Payments ..................... _.............21 9.10 Determinations for Unit Prices 21-22 9.11-9.12 Decisions on Disputes; ENGI- NEER as Initial Interpreter..............22 9.13 Limitations on ENGINEER'S Authority and Responsibilities... 22-23 CHANGES IN THE WORK,............_ ........................ 23 10.1 OWNER's Ordered Change...............23 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 .............._.. ...... 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 ...... ................ 11.5 Exclusions to Cost of the Work ............ 25 11.6 CONTRACTOR's Fee.. ,,,_....._..25 IL7 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 Essence................ ........26 12.3 Delays Beyond CONTRACTOR's Control ...................................... 26-27 12.4 Delays BeyondAWNER's and CONTRACTOR's Control_..............P TESTS AND INSPECTIONS; CORRECTION REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ................................. ............... 27 13.1 Notice ofDefects ....... .............. ...:..... 7 13.2 Access tothe Work ..............27 13.3 Tests and Inspections; CONTRACTOR's Cooperation .......... 27 13.4 OWNER's Responsibilities, Independent Testing Laboratory......27 13.5 CONTRACTOR's Responsibilities...............................27 13.6-13.7 Covering Work Prior to Inspec- tion, Testing or Approval. _............. 27 13.8-13.9 Uncovering Work at ENGI Page Number NEER's Request ..................... ............ 27-28 13.10 OWNER May Stop the Work,_._......28 13.11 Correction or Removal of Defective Work..,..... ... ...... 13.12 Connection Period ..........................28 13.13 Acceptance ofBefective Work..... .... 28 13.14 OWNER May Correct Defective Work ..................................... 28-29 14. PAYMENTS TO CONTRACTOR AND COMPLETION.. ............. .. ....... 29 14.1 Schedule of Values ..... .._...29 14,2 _Application for Progress Paym ent..................................... 29 14.3 CONTRACTOR's Warranty of Title ............................... 29 14.4-14.7 Review of Applications for Progress Payments ........ ..... ._.29-30 14.8-14.9 Substantial Completion ............ ... .... 30 14.10 Partial Utilization ........................ 30-31 14.11 Final Inspection.. 31 14.12 Final Application for Payment..._..31 14.13-14.14 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 15.2-15A OWNER May Terminate ,,,32 15.5 CONTRACTOR May Stop Work or Terminate. .......... ....32-33 16. DISPUTE RESOLUTION .................................. 33 17. MISCELLANEOUS.............................._.._.......33 17.1 Giving Notice................................33 17.2 Computation of Times....................33 I7.3 Notice of Claim..............................33 17.4 Cumulative Remedies ,,,...... .....33 17.5 Professional Fees and Court Costs Included .............................33 17.6 Applicable State Laws ............... 33-34 Intentionally left blank ................. _ 35 EXHIBIT GC -A: (Optional) Dispute Resolution Agreement. _. _.. _ ............ GC -Al 16.1-16.6 Arbitration._...,,,. _ .................GC -Al 16.7 Mediation ................. ....:........GC -Al EJCDC QENERAL CONDITIONS 1910-8 (1990 EDITION W/ CITY OF FORTCOLLINS MODIFICATIONS (REV 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 defecUve Work ............................10.4.1, 13.5. 13.13 final Payment ........................ ................ 9,12, 14.15 insurance ............................................ 5.14 other Work, by CONTRACTOR ..........................7.3 *............7.3 Substitutes and "Or -Equal" Items ....... .... 6.7.1 Work by OWNER ..... _ ........... ....... _ 2.5, 6.30, 6.34 Access to the -- Lands, OWNER and CONTRACTOR ropopibilities ...... .......... _ .......................... 4.1 site, r4ated Work ...............................................7.2 Work . ..................................... .... 13.2, 13.14,14,9 Acts or Omissions-, Acts and Orn issions-- CONTRACTOR 6.9,1, 9.113 ENCTINEER 9.13.3 OWNER....................................................6.20, 9.9 Addenda --definition of (also see defmition of Specifications) .......(1, 6, 1,10, & 19), 1.1 Additional Property Insurances .................... ........ 5.7 Adjustments - Contract Price or Contract Times ...........................1.5. 3.5, 4.1, 4.3.2, 4.5.2, .............................4.5.3, 9.4, 9.5, 10.2-10.4, ......................................... 11, 12,14.8, 15.1 progress schedule ............................................... 6.6 Agreement -- definition of 1.2 "All -Risk" Insurance, policy form ............................5..6.2 Allowances, Cash .................... .......... ....... ........ _11.8 Amending Contract Document; ............................. 3.5 Amendment, Written -- in general ................. 1. 10, 1,45, 3.5, 5.10, 5.12, 6.62 ........................... 5. 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 1.3 ENGINEERS Responsibility ............. .......... ' 9.9 final payment,,,,,,,,,,,,,,,,, 9.114, 9.13.5, 14.12-14.15 in general ..........................z.8, 2.9, 5.6.4, 9.10, 15.5 progress payment ................ _ ......... ..... 14.1-14.7 review of 14,4-14.7 Arbitration 1 6.1-16.6 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 ........................4.5.2 Authorized Variations in Work.,,,,,.. 3.6, 6.25, 6.27, 9.5 Availability of Lands,;,,,,,,,,,,,,,, ' I ...... ......... 4.1,8.4 Award, Notice of --defined..........._ ..... ............ ....... ....... -.1.25 Before Starting Construction ............. ................ 2.5-2.8 Bid -definition of .........................1.5 (1.1, 1.10, 2.3, 3.3, ..... I ............ 4.16.4, 6.11, 11.4.3, 11.91.1) Bidding Documents --definition of 1.6(6.9.2) Bidding Requirements --definition of ........ .......... ............ 1.7 (1.1, 4.2.62) Bonds -- acceptance of ....................................................5.14 additional bonds 10.5, 11.4.5.9 Cost of the 'Work 11.5.4 definition of 1.8 delivery of.."' 5.1 final Application for Payment... 14.12-14A4 general ...................................... 1.10, 5.1-5.3, 5.13, '..'.* 9.13, 10.5, 14.7.6 Performance, Payment and Other' ................ 51-5.2 Bonds and Insurance --in general ...................... .......... 5 Builder's risk "all-risk" policy form ........................ 5.6.2 Cancellation Provisions, Insurance,,,,..., 5A.11, 5.8, 5.15 Cash Allowances 11.8 Certificate of Substantial Completion,. _....1.38, 6.30.23, ....................14.8, - ...................14.8, 14.10 Certificates 4,In*s'p'e*c't'io*n',.", ......... 9.13.4, 13.5, 14.12 Certificates of Insurance .............. 2.7. 5.3, 5.4.11, 5.4.13, .......................5.6.5, ...... .............. 5.6.5, 5.8, 5.14, 9,13.4. 14.12 Change in Contract Price -- Cash Allowances 1L8 claim for price adjustment............ 4.1, 4.2.6, 4.5, 5,15, 6.8.2, 9.4 ................... 95, 9.11, 10.2, 10.5, 11,2, 13.9. .. ..................... 13.13, 13.14, 14.7, 15.1, 15.5 CONTRACTORs fee 11.6 Cost of the Work general ................................................ 11.4-11.7 Exclusions to 11.5 Cost Records ........ ............................................ 11.7 in general., ........... j. 19, 1.44, 9.11, 10.4.2, 10.4.3, 11 Lump Sum Pricing ..........................................11.3.2 Notification of Surety... .......... ................ ....... _10.5 Scope of ....... ........................................... 10.3-10.4 Testing and Inspection, Uncovering the Work ....... I ......... I ........ ...... 13.9 EJCDC GENERAL CONDITIONS: 1910 -8 (1990 EDITION) w/C1'rY OF FORT COLLINS MODIFICATIONS (REV 9/99) Unit Price Work, ....... I ... ... ............. I ... I .... -.11.9 Article or Paragraph Number Value of Work 113 Change in Contract Times -- Claim for times adjustment .... 4.1, 4,2.6, 4.5, 5.15, ..... ... _ 1 6.8.2, 9.4, 9.5. 9.11, 10.2, 10.5, 12. 1, . ........... 13.9, 13.13, 13.14, 14.7, 15.1, 15.5 Contractual time limits 12.2 Delays beyond CONTRACTORs control........................................................12.3 Delays beyond OWNERS and CONTRACTOR's control. . ........................... 1.14 Notification of surety.........................................10.5 Scope of change .......... ............. ............... 103-10.4 Change Orders. - Acceptance ofDefectiw Work .......................... 13.13 Amending Contract Documents .......................... 3.5 Cash Allowances ]I's Change of Contract Price..,.....,.„._... �11 Change of Contract Times ................................... 12 Changes in the Work...._ ........................ ........... j 0 CONTRACTORs fee ....................................... J1.6 Cost of the Work..... _.......... .................. - 11.4-11.7 Cost Records 113 definition of............ ............ 1.9 emergencies .................. ........ -_ ...................... r, 23 ENGINEER's responsibility ....... 9. 8, 10.4, 11.2, 12.1 execution of ...... . ...... 10.4 Indemnifiction .......................... . 12, 6.16, 6.31-6.33 Insurance, Bonds and .... .................. 5.10,5.13, 10.5 OWNER may terminate. ...... - ............ 15.2-15.4 OWNERS Responsibility ................ ........... 8.6,10.4 Physical Conditions -- Subsurface and ........................ ..................... 4.2 Underground Facilities--.„....................._43.2 .........................4.3.2 Record Documents ...... .............. 1- .................. j6.19 Scope of Change... .................................... 10.3-10A Substitutes "' ' ' " .. ... .............. 6 I .... .73, 6.8.2 Unit Price Work ................................... . . ji.9 value of Work, covered by._ ........................... --- 11.3 Changes in the Work.................................................10 Notification of surety ........ ........... ......... OWNERS and CONTRACTOR!s responsibilities .................................... .... 10A Right to an adjustment ......................................10.2 Scope of change...._......._ . ....................... 10.3-10.4 Claims -- against CONTRACTOR .. . .. ............ against ENGINEER ................... 6.32 against OWNER * .. ................... 0.32 Change of Contract 1�ioe, 9.4,11.2 Change of Contract Times .......................... 9.4,12.1 CONTRACTOR's .............4, 7. 1, 9. 4, 9.5, 9.11, 10.2, ........ ........... ...... 11.2, 11.9,12.1, 13.9, 14.8, ........................... _151, 15.5, 17.3 Vi CONTRACTORs Fee ............. -.. .1-1.1-1 ...... .... 11.6 Article or Paragraph Number CONTRACTOR s liability.,.,...... 5.4, 6 12, 6.16, 6.31 Cost of the Work 11.5 Decisions on Disputes ....................__.,.,_.,9.11, 9.12 Dispute Resolution 16.1 Dispute Resolution Agreomen( .......... ........ 16.1-16.6 ENGINEERas initial interpretor ............. ...... _ 9.11 Lump Sum Pricing ...................... ............ ...... 11.3.2 Notice of. . ................ . ............. __ 17.3 OWNERS,,,,,,,,,,,,,,,,,,, 9, 4, 9. 5, 9.11, 10.22 11,2, 11,9 - ...... ... I .......... 12.1, 13.9, 13,13, 13.14, 17.3 OWNERS liability... ...... 5.5 OWNER may refuse to make payment ... ......... _14-7 Professional Fees and Court Costs Included ... ''*- ...... ..17.5 request for formal d'ec'isionon ......................... - ..... 9.11 SubstitqU, Items & . 1.2 Time Extension _12.1 Time requirements... ........................ ........ 9.11,12.1 Unit Price Work,........_..................................11.9.3 Valueof ............................................... ........... 11.3 Waiver of --on Final Payment .................14.14, 14.15 Work Change Directive 10.2 written notice required,....._._,_,,. 9.11, 11-2,12.1 Clarifications and Interpretations._......_... 9.4, 9.11 Clean Site ... **'*' " ** ...... 17 Codes of Technical Society, Organization or Association... .......... .............. ............... 3.3.3 Commencement of Contract Times .................... -- ... 2.3 Communications -- general.............................................. * 6.2, 6.9.2, 8.1 Hazard Communication Programs ............. .... 6.22 Completion - Final Application for Payment .........................1.4.12 Final Inspeotiotl... .... ............. 14.11 Final Payment and Acceptance.... ............ 14.13-14.14 Partial Utilization..:_ ...................................... 14.10 Substantial Completion ......................1.38, 14.8-14.9 Waiver of Claims... .......................... ............ J4.15 Computation of Times ' 17.2.1-17.12 Concerning Subcontractors, Suppliers and Others 6.8-6.11 Conferences - initially acceptable schedules ... ....... ...... ... 2.9 preconstruction ' Conflict, Error, Ambiguity, Discrepancy - CONTRACTOR to Report .......... I .......... -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, . ..... 6.29, 10.4 Contract Documents - Amending..........................................................3.5 Bonds ........................... I ...... 5.1 EXMC GENERAL CONDITIONS 1910 -8 (1990 EDITION W/ CITY OF FORT COLLINS MODIFICA-11ONS (REV 9/99) Cash Allowances.... ............................... .... - .... 11.8 Article or Paragraph Number Change of Contract Price - ..- .. 11 Change of Contract Times...__,.,_.......,_...__.._ ................ .......... 12 Changes in the Work ................................ 10.4-10.5 check and verify ................. ............................. . 2.5 Clarifications and Interprotatioris� ......................... 3.2, 16, 9.4, 9.11 definition of .............................. ...................... 1.10 ENGINEER as initial interpreter of ................... 9.11 ENGINEER As OWNER'S representative....,,,..., .. 9.1 general3 Insurarwe................. ........................................ 5.3 Intent......................... ..... 6 ................... .... 3.1-3.4 minor variations in the Wor............. .... ............. 3.6 OWNER!s responsibility to famish data...............8.3 OWNER!s responsibility to make prompt payment ................... ...... ?.3, 14.4, 14.13 precedence ................ ............................. 3.1, 3.3.3 Record Doom ents ................................ ........... 6.19 Reference to Standards and Specifications of Technical Societies ...... ............................ 3.3 Related Work ... . ........ .... 7.2 Reporting and Resolving Discrepancieq, ....... 2.5,3.3 Reuse Supplementing.................................................. 3.6 Termination of ENGINEER'S Employment .........8.2 Unit Price Work ...............................................11.9 variations, .............. ........................... 1.6, 6:23, 6.27 Visits to Site, ENGINEER'S .......................... .... 9.2 Contract Price - adjustment of ................. 15, 4,1, 9.4, 10.3, 11.2-11.3 Changeof ............................................................ I I Decision on Disputes ........................................ 9.11 definition of Contract, Times -- adjustment of ..........................3.5, 4.1, 9.4,10.3, 12 Change of ............. .................................. 12,1-12.4 Commencement of 23 definition of 1. 12 CONTRACTOR - Acceptance of Insurance.,......... I ........................ 5.14 Communications. . ...................................... 6.2,6.9.2 Continue Work ........................................ 6.29, 10.4 coordination and scheduling ................. '' ......... 6.9.2 definition of ................................. ........... 13 Limited Reliance on Technical Data Authorized .........................................4.2.2 May Stop Work or Terminate ........... ................ 15.5 provide site access to others ............... ...... -7.2, 13.2 Safety and Protection ................. _43.1.2, 6.16, 6.18, ....... I .............................. 6.21-6.23, 7.2, 11.2 Shop Drawing and Sample Review Prior to Submittal..................................... ().25 Nii Stop Work requirements,.._- ......... ................. 4.5.2 CONTRACTORs- Article or Paragraph Number Compensation ........................... ' * **_..............I1.1-11:2 :' Continuing Obligatiork ....... ...... ........ ... I. . .... 11,14.15 Defective Work ...9.6, 13.10-13.14 Duty to cormet defective Work ........... .............. 13.11 Duty to Report- - Changes in the Work caused by Emergency...... _. _....................... -.1 .... 6.23 Defects in Work of Others. ........................... 7.3 Differing conditions... ........... I ........ I ........... 4.2.3 Discrepancy in Documents,,.,,,, 2.5. 3.3.2, 6.14.2 Underground Facilities not indicated,,,,,;.,,; 4.3.2 Emergencies..., ._... ...................................... 0.23 Equipment and Machinery Rental, Cost of the Work .................. ........................ 11.4.5.3 Fee--CostPlas .... .................. _1 1. 4.5.6, 11.5.1, 11.6 General Warranty and Guarantee ........................ 6.30 Hazard Communication Programs,... .................. 0.22 Indemnification,,,, ..................... �. 12, 6.16; 6,31-6.33 Inspection of the Work.. .................. _ ........ 7.1, 13.4 Labor, Materials and Equipment. 6.3-6.5 Laws And Regulations, Compliance by,,.,,,,,,.,, 6.14.1 Liability Insurance. ................. 5.4 Notice of Intent to Appeal .......................... 9.10, 10.4 obligation to perform and complete the Work ....................... ....................... 6.30 Patent Fees and Royalties, paid for by 6.12 Performance and Other Bonds .............. ...... 5.1 ......... Permits, obtained and paid for by .......... ............ 0.13 Progress Schedule .... ....................... 24, 2.8, 2.9, 6.6, .....................I...........-...... . 6.29,10.4,15.2.1 Request for formal decisionon disputes,,,,,,,,,,,,,, 9.11 Responsibilities - Changes in the Work .................... _ ........... 10.1 Concerning Subcontractors, Suppliers and Others ...... ............................... 6.8-6.11 Continuing the Work ........................... ¢.29, 10.4 CONTRACTORs expense . ......... ................ 6.7.1 CONTRACTORs General Warranty and Guarantee .......................................6.30 CONTRACTOR s review prior to Shop Drawing or Sample submittO ................ 5.25 Coordination of Work 6.9.2 Emergencies,_ ............................................ 6.23 ENGMERs 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, insurance...................5.9 general ........................................6, 7.2, 7.3, 8.9 Hazardous Communication Programs.,,.,,,,,, 6.22 Indemnification...._............................. 6.31-6.33 EJCDC MWILAL CONDMONS 1910-8 (1990 FDITTOM WI CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Labor, Materials and Equipment ............. 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 Pennits ...................................................... 6.13 Progress Schedule.........................................6.6 Record Documents ........................:.......... _..6.19 related Work performed prior to ENGINEER's approval of required submittals ............................................. 6.28 safe structural loading...................:.............6.18 Safety and Protection .................... 6!20, T2, 13.2 Safety Representative ................ ... ................ &Z1 Scheduling the Work ................................. 6.9.2 Shop Drawings and Samples ................ ..._... .24 Shop Drawings and Samples Review by ENGINEER .. .................... ......6.26 Site Cleanliness .......................................... 6.17 Submittal Procedures, .............................„ „6.25 Substitute Construction Methods and Procedures .................................... 6.7.2 Substitutes and "Or -Equal" Items................6.7.1 Superintendence ................ .......................... .6.2 Supervision .................................................. 6.1 Survival of Obligations.. _„......... _............._ 6.34 Taxes......................................................... C.15 Testa and Inspections_..............................13.5 ToReport . ........ ...... ....................... � 5 Use of Premises ..................... 6.16-6.18, 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:A, 9.5, 9.11, 10.2,11.2, ......... 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 Submittals,,,,,6.24-6.28 Special Consultants........................................11.4.4 Substitute Construction Methods and Procedureg,6.7 Substitutes and "Or -Equal" Items, Expense .......................................... 6.7.1, 6.7.2 Subcontractors, Suppliers and Others,,,.....,, 6.8-6.11 Supervision and Superintendence.,,...._Al, 6.2, 6.21 Taxes, Payment by ...................... .................. ....6.15 Use of Premises ........................................ 6.16-6.18 Warranties and guarantees ........ ........ _........ .5, 6.30 Warranty of Title...... .............. ........................... 14.3 Written Notice Required -- CONTRACTOR stop Work or terminate.... .... 15.5 Reports of Differing Subsurface and Physical Conditions... .................... 4.23 Substantial Completion ............... .................14.8 Ali CONTRACTORS --other , , .... , , , , , Contractual Liability Insurance.... .. ........ 5 4.10 Contractual Time Limits........................................12.2 Article or Paragraph Number Coordination -- CONTRACTORS responsibility.. .................. ... 6.9.2 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 ofDefectiue Work. ............ ....... .... J3.13 Correction or Removal of Defective Work ....... ............. :............ 6.30, 13.11 Correction Period .................... .......... .............i3.12 . OWNER May Correct Defective Work..............13.14 OWNER May Stop Work ........................... _....13.10 Cost -- of Tests and Inspections,.._,,,, , „ . ..... ........13.4 Records] 1.7 Cost of the Work -- Bonds and insurance, additional ...................11.4.5.9 Cash Discounts......_.........._..........................11.4.2 CONTRACTOR's Fee 11.6 Employee Expenses.......;.... _............ _..-.......11.4.5.1 Exclusions to.....................................................11.5 General11.4-11.5 Home office and overhead expenses ................... 11.5 Losses and damages ............................ I ...... ..11.4.5.6 Materials and equipment,,.:,...... I ............... I .... 11.4.2 Minor expenses.......................... ... .....11.4.5.8 Payroll costs on changes,,,.,,. .......... ..... 11.4.1 performed by Subcontractors,,,,.,., ._................11.4.3 Records 11.7 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, CONiRACTOR's...... ....... 11.4.4 Supplemental.................................................11.4.5 Taxes related to the Work ............................... 11.4.5.4 Tests and Inspection........................_........-„....13.4 Trade Discounts.............................................11.4.2 Utilities, fuel and sanitary facilities Work after regular hours................................11.4.1 Covering Work ............................. _..............,13.6-13.7 Cumulative Remedies ................................... ....17.4-17.5 Cutting, fitting and patching,, .., , __ ................. ....... 7.2 Data, to be furnished by OWNER ,,,,,,$.3 Day --definition of.... ............................................17.2.2 Decisions on Disputes,,,,,,_.. ......................... 9.] 1, 9.12 defective --definition of .................. ........ .. ......1.14 defective Work -- Acceptance of ..................... ................. 10AA, 13.13 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 1.0 2.0 3.0 SECTION 00100 INSTRUCTIONS TO BIDDERS 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). 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. 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. 12/03 Section 00100 Page 1 Correction or Removal of10A.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 Prom ptNotice of Defects,,,, , ..... 13.1 Rejecting.......: ......... .....9.6 Uncovering the Work ............... .. ....13.8 Definitions .................... ............................................ 1 Delays.....................................4.1, 6.29, 12.3-12.4 Delivery of Bonds .........................: .. 2.1 Delivery of certificates of insurance ,,,,_... .. ....... 2:7 Determinations for Unit Prices. .................... 9.10 Differing:Subsurface or Physical Conditions— Noticeof............... ...4.2.3 ENGINEERS Review ....... .......... 4.2.4 Possible Contract Documents Change...............4.2.5 Possible Price and Times Adjustments .....4.2.6 Disorepancies-Reporting and Resolving ................................ 2.5, 3.3.2, 6,14.2 Dispute Resolution -- Agreement ... ........ ....... ........................... 76.1-16.6 Arbitration .............. _...............................16.1-16.5 generall6 Mediation ................................ 16. 6 Dispute Resolution Agreement.........................16.1-16.6 Disputes, Decisions by ENGINEER ........ . . ........ 9.11-9.12 Documents— Copies of ............ ....... ..:...........:.. ... 2.2 Record 6.19 Reuse of... . .............. . 3.7 Drawings --definition of..........................................1.15 Easements ........................ ..................................... 4.1 Effective date of Agreement -- definition of ............. j.16 Emergencies ...........................................................0.23 ENGINEER -- as initial interpreter on disputes ................. Q.11-9.12 definition of .................... ......... .........1.17 Limitations on authority and responsibilities ..... 9.13 Replacement of .................................................. 8.2 Resident Project Representative ...........................9.3 ENGINEERS Consultant -- definition of.,,, „ ......1.18 ENGINEERS - authority and responsibility, limitations o4 ........ 9.13 Authorized Variations in the Work ....................... 9.5 Change Orders, responsibility for .......9.7, 10, 11, 12 Clarifications and Interpretations ....... _.....3.63; 9.4 Decisions on Disputes ............................. 9.11.9.12 defective Work, notice of.. .......... ..................... 111 Evaluation of Substitute Items ..........................6.7.3 Liability ....................................................32, 9.12 Notice Work is Acceptable ............................... j4.13 Observations...........................................6.30.2, 9.2 ix 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 Caistruction-- authorized variations in the Work .... ............ 9.5 Clarifications and Interpretations ........... ......9.4 Decisions on. Disputes.,,,,,,.„ .............. 9.11-9.12 Determinations on Unit Price ......................9.10 ENGINEER as Initial Interprets 9.11-9.12 ENGINEERS Responsibilities ................ 9.1-9.12 Limitations on ENGINEERS Authority and Responsibilities,,,,,,, „ „ ... ..........9.13 OWNER"s Representative ..... I ......................... 9.1 Project Representative...................................9.3 Rejecting Defective Work..............................9..6 Shop Drawings, Change Orders and Payments ............. ....................... 9.7-9.9 Visits to Site .............. ......... _........................ 9.2 Unit Price determinations..............................1.9.10 Visits to Site ....................._............................... 9.2 Written consent required ..... ...................... 7.2, 9.1 Equipment, Labor, Materials and ........................ 6.3-6.5 .Equipment rental, Cost of the Work ... 11.4.5.3 Equivalent Materials end Equipment,,,,,,,,,,,,,,,,,,,_„ 6.7 error or omissions.................................................6.33 Evidence of Financial Arrangement;.......................?.I I Explorations of physical conditions ...................... 4.2.1 Fee, CONTRACTOk's--Costs Plus ...........................11.6 Field Order -- definition of....................................I................1.19 issued by ENGINEER ................................ 3.6.1, 9.5 Final Application for Payment., ...................... 14.12 Final Inspection...................................................14.11 Final Payment - and Acceptance ......................... �.......... 14.13-14.14 Prior to, for cash allovences...............................11.8 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........................................................117.1 Guarantee of Work --by CONTRACTOR ...... ..6.30, 14.12 Hazard Communication Program s.................... I ..... 6.22 Hazardous Waste— definition of.....................................................1.21 general............................................................. 4.5 OWNERS responsibility for ............................... R.10 E.ICDC. GENERAL CONDITIONS. 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Indemnification * .............. ....... _0.. 12, 6.16, 6.31-6.33 Initially Acceptable Schedules............ - .................... 2.9 Inspection -- Certificates of ......................... __P.13.4, 13.5, 14.12 Final 1.4.11 Article or Paragraph Number Special, required byENGINEER .......................... 9.6 Tests and Approval,,... ........ 8.7, 113-13.4 Insurance -- Acceptance of by OWNER..... _.. _.......... . ...... 5,14 Additional, required by changes in the Work 11.4.5.9 Before starting the ��or 2.7 Bonds and --in general ... . ... ........... ......... 5 Cancellation Provisions,,,,,;,,,,,,,,_ ...... 5.8 Certificates of .................... 2.7, 5, 5.3, 5A.11, 5A.15, i ................. 5,6.5, 5.8, 5.14, 9.13.4, 14,12 completed operations ........................ ...... ...... 5.4.13 CONTRACTORs Liability, .... ............ .. .. ......... 5.4 CONTRACTORs objection to coverage .............5.14 Contractual Liability ....................... ........5.4.10 deductible amounts, CONTRACTOWs responsibility...... _ .......... _ .......... .... 5!9 Final Applicairin for Payment...,,,, ...... 114.12 Licensed Insurers.. _.... ......... 5.3 Notice requirements, material changes ........ 5.8, 10.5 Option to Replace ............................................. 5.14 other special insurances ............... ..5.10 OWNER as fiduciary for insureds .............. 5.12-5,13 OWNE.R!s Liability ........................................... � 5.5 OW1,1ERs Responsibility ............... ................. 8.5 Partial Utilization, Property Insurance ....... ...... . 5.15 Property ..................................................... 5.6-5.10 Receipt and Application of Insurance Proceeds ....... " ' ....................................... 5.12-5.13 Special Insurance ......... ........ .......................... 5.10 Waiver of Rights ....................... .. ...... . . ...... 5.11 Intent of Contract Documents .... .. ..................... 3.1-3.4 Interpretations and Clarifications,-,,,,.. ........... 3.6.3,9.4 Investigations of physical conditions .......... ............... 4.2 Labor, Materials and Equipment,.......-,_............... 6.3-6.5 Lands -- and Easern crits ................................................... 8.4 Availability of .. ..... ......................... Reports and Tests 8.4 Laws and Regulations --Laws or Regulations-- Bonds 5.1-5.2 Changes in the Work........................................10.4 Contract Documents ...................... 3.1 CONTRACTORS Responsibilities ..................... 6.14 Correction Period,defective Work ........... ......... 13.12 Cost of the Work, taxes- ... ..... I'1.4.5.4 definition of .....................................................1.22 genera16.14 Indemnification ........................................ 6,31-6,33 X Insurance 5.3 Precedence,,.,,,._ 3.1. 3.3.3 Reference to 3.3.1 Safety and Protection .......-6.20, 13.2 Subcontractors, Suppliers and Others. . ........ _6.8-6.11 Article or Paragraph Number Tests and Inspections 13.5 Use of Premises... ..... 6.16 Visits to Site . ...................... ...... 9.2 Liability Insurance— CONTRACTORS 5.4 0VvrNERs ............ 5.5 Licensed Sureties and Insurers.. ....................... ....... 5.3 Liens -- Application for Progress Payment..._._........... 14.2 CONTRACTOR's Warranty of Title„................ 14.3 Final Application for Payment .......................... ......14.12 definition of ' '* ' ' 1.23 : Waiver of Claims .14,15 Limitations on ENGINEER!s authority and responsibilities 9.13 Limited Reliance by CONTRACTOR Authorized... _........................... 4.2.2 Maintenance and Operating Manuals -- Final Application for Payment ... .................... . 1412 Manuals (of others) -- Precedence......... .......................................... 3.3.3.1 Reference to in Contract Documents ........... 3.3.1 Materials and equipment -- furnished by CONTRACTOR - 6.3 not incorporated in Work.,..„.,„ .. ... .. 14.2 Materials or equipment --equivalent ....... � I � Mediation (Optional) ...................... . .......... 11 1.6.7 i 6.7 Milestones --definition of ................... 1.24 Miscellaneous -- Computation of Times 17.2 Cumulative Remedies ........................................ .....*............ 17.4 Giving Notice .................. ................... _17.1 Notice of Claim .................. . .... * * 17.3 Professional Fees and Court Costs Included- .., -.17.5 Multi -prime contracts ............................. 7 Not Shown or Indicated ......................... . ........... 4.3.2 Notice of -- Acceptability of Project .... 14.13 Award, definition of ............ Claim 1.7.3 Defects, 13.1 Differing Subsurface or Physical Conditions 4.23 Giving ,, ......... ............... _13.1 Tests and Inspections ... .... 113 .............. ....... Variation Shop Drawing and Sample ......... .... .. 6.27 Notice to Proceed -- definition of ................................ 1,26 giving of ................ ...... - ............ 2.3 EJCDC (3ENFRAL CONDITIONS 1910 -8 (1990 EDITION) W/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Notification to Surety ...... .......................................10.5 Observations, by ENGINEER,,,,_,_.. _................ 6.30, 9.2 Occupancy of the Work, ...... _......... .15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR... ............ 6. 9, 9.13 Open Peril policy form, Insurance..............I I ... I......5.6.2 Option to Replace ....................... ....... ..................... 5.14 Article or Paragraph Number "Or Equal" Items ........... _.............. ................. ........ 6.7 Other work 7 Overtime Work --Prohibition of„...............................6.3 OWNER- Acceptance ofdefective Work ........................... 13.1.3 appoint an ENGINEER ................. _... _............. 8.2 as fiduciary .............................................. 5.12-5.13 Availability of Lands, responsibility ..................... .1 definition of..................:.................................1.27 data, fbrnish._...................................................8.3 May Correct Defective Work...........................13.14 May refuse to mike payment .....................:....... )4.7 May Stop the Work.................I .......................13,10 May Suspend Work, Terminate ...........................8.8, 13.10, 15.1-15.4 Payment, make prompt .................. ..8.3, 14.4, 14.13 performance of other work............_ ..............._,.. 7.1 Permits and licenses, requirements .................... 0.13 purchased insurance requirements.._ ....... .... 5.6-5.10 OWNER's-- , Acceptance of the Work..............................6.30.2.5 Change Orders, obligation to execute ........... 9.6, 10.4 Communications 8.1 Coordination of the Work .................................... 7.4 Disputes, request for decision...........................:9.11 Inspections, tests and approvals...................9.7, 13.4 Liability.Insurance............................................. 5.5 Notice of Defects ..................................... .........13.1 Representstive--During Construction, ENGINEER's Status......................................9.1 Rasponsibifities-- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ,,,,,,,,,,,,,,„8.10 Change Orders..............................................8.6 Changes in the Work...................................10.1 communications 8.1 CONTRACTOR's responsibilities .................. 8.9 evidence of financial arrangement s........... ... 8.11 inspections, tests and approvals ................... 8.7 insurance ....................................................... 8.5 lands and easements ..................................... 8.4 prompt payment by ........................................ 8.3 replacement ofENGINEER ..........................8.2 reports and tests.........................................-.8.4 stop or suspend Work ................. 8.8, 13.10, 15.1 terminate CONTRACTOR's services..........................................8.8, 15.2 separate representative at site ..........................._9.3 testing, independent......_.. use or ocupency of the Work .................. written consent or approval required ...................... ...... 14 5.15, 6.30.2.4, 14.10 .............9.1, 6.3, 11.4 EICDC.r3ENERAL CONDITIONS. 1910-8 (1990 EDITION) W/ MY OF FORT COI.LINS MODIFICATIONS (REV 9/99) Article or Paragraph Number written notice required ................. ........ 7.1, 9.4, 9,11, ......... ... ............ ........... 11.2, 11.9, 143, 15.4 PCBs -- definition of 1.29 general.............................................................. 4.5 OWNER's responsibility for .......................... . 8.10 Partial Utilization_ definition of ............... ' ' * ... ... ............... ...... J.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 CONTRACTOWs Warranty of Title ............ ....... 143 Final Application for Payment....... .14.12 Final Inspection " ' ' " " ........ 14.11 " Final Payment and Acceptance ................ 14.13-14.14 general......_ . . ........ . ..... ..8.3, 14 Partial Utilization ..................................... . .14.10 Retainage..........................................................14.2 Review of Applications for Progress Paym ents ........ _ .............. . 14.4-14.7 prompt payment ...... _ ...... .......... ............ 8.3 Schedule of Values.. ........ 14,1 Substantial Completion............._..._...., ...... 14.8-14.9 Waiver of Claims ................................. . 14.15 when payments due,,,,.,, 14.4, 14.13 withholding payment..,.... Performance Bonds .......................... ....14.7 ........ 5.1-5.2 Perm its ....... 6 13 Petroleum-- definitionof ** .. ..... ........................ 1.30 general _.....I. ............................. 4.5 OWNER's responsibility for ................................ 8.10 Physical Conditions -- Drawings of, in or relating to, .... ................... 4.2.1.2 ENGINEERs 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 ............... 425 Possible Price and Times Adjustments ..........4.2.6 Reports and Drawings ....... ................. ............ 4.2.1 Subsurface and ......................................... 4,2 Subsurface Conditions .. .. ... * .. ................ 42LI Technical Data, Limited Reliance by CONTRACTOR Authorized ... ....... 4.2.2 Underground Facilities_ general........................................................ 43 Not Shown or Indicftd ............................ . 4.3,2 Protection of.........................................4.3, 6.20 Xii Article of Paragraph Number Shown or Indicated Technical Data .............................................. 4.2,24 Preconstruction Conference ...... I .......... ............... 1 2.8 Preliminary Matters .............................................. ... ... 2 Preliminary Schedules ....................................... ....... 2.6 Premises, Use of............................................. & 16-6.18 Price, Change of Contract ..............._:......................_I - ' * .... * I I Price, Contract --definition of„......,_.„..:._ 1.11 Progress Payment, Applications for...__......._._......... j 4,2 Progress Payment--retainagq ..................... ............. 14.2 Progress schedule, CONTRACTOW8 ............ 12.6,2.8,2.9, " ' ... 6.6, 6.29, 10.4, 15.2.1 Project--defiiiiti'o'n'*0'f ................ 1.31 Project Representative-- ENGINEERs Status DuringConstructim ............ 9.3 Project Representative; Resident --definition of. .........1.33 prompt payment by OWNER........ . 8.3 Property Insurance-- Additional 5.7 gencra15.6-5.10 Partial Utilization ....5.15, 14.10.2 receipt and application of proceeds ............ 5.12-5.13 Protection, Safety and... ... ...... ............... 6,20-6.21, 13.2 Punch list 14.11 Radioactive Material_ defintion of....... ............................. 1.32 gencral4.5 OWNFR!s responsibility for....... _ .......... ....... 8. 10 Recommendation of Payment .............. _14.4,14.5, 14.13 Record Documents. .. ....... * ...... ... j6.19, 14.12 Records, procedures for maintaining.. ... ...... _ .......... ?.8 Reference Points.........._,.... ..... .. .... 4.4 Reference to Standards and Specifications of Technical Societies .........................................3.3 ......................................3.3 Regulations, Laws and(or) ...................................... 6.14 Rejecting Def ective Work .......................................... 9.6 Related Work -- at Site '*'*' ' ' ** .. ... .. ....... * . ......... 3.1-7.3 Performed prior to Shop Drawings and Samples submittals review ....................6.28 Remedies, cumulative ............................. ........ 17.4, 17.5 Removal or Correction ofDefective Work ................. 13.11 rental agreements, OWNER approval required ..... 11.4.5.3 replacement of ENGINEER, by OWNER....,...,_,,......, 8.2 Reporting and Resolving Discrepancies_..... ....... _ ......... 2.5, 3.3.2, 6.14.2 Reports -- and Drawings .................. ........................ ...... 4.11 and Tests, OWNER's responsibility ...... ........... .. 8.4 Resident and Project Representative -- definition of ............................. ....... 1.33 . .......... provision for ............................................................. 93 EJCDC GENERAL CONDITIONS 1910.8 (19910 EDITION) W/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number Article or Paragraph Number Resident Superintendent, CONTRACTORS ..... Responsibilities-- submittal required.... ................ 6.24.1 CONTRACTORs-in general ..................... .......... .. 6 Submittal Procedures _ ............... * . 6.25 ........... use to approve substitutions,,,,,,,, ....... 6.7.3 Shown or Indicated FNGINEER's-in general 9 Site Access ............ .......... ............. 7.2,13.2 Limitations on .............................................9.13 Site Cleanliness ................... 6.17 OWNER's-in general ............ .......... Site, Visits to-- Retainage ......** ... ...... ... . ..... ...... I ' 4.2 by ENGINEER ...........................................9.2, 13.2 Reuse of Documents ........................... ....... �_7 by others .112 Review by CONTRACTOR: Shop Drawings special causes of lose" policy form, and Samples Prior to Submittal ........ .......... ...... 6,25 insurance .......... -.5.6.2 Review of Applications for . .... .. .. ... ............................ definition of' .36 Progress Nymentq ....................... ............. 14.4-14.7 Specifications— Right to an adkistmenk ....... . . ... .. jO.2 defination. of .............. ............................... .... J.36 ...................... Rights of WHY ............................ .. 41 of Technical Societies, reference to .................. 3.3.1 RoyaltiM Patent Fees and. ......................................6.12 precedence............................._...................... 333 Safe Structural Loading ........................ ................ 618 Standards and Specifications Safety— of Technical Societieq ..................................... 3.3 and Protection.... ................... 4.3.2,6,16, 6.18, Starting Construction, Before "' " .... ...... * ... 2.5-2.8 ............. .. ..... .... .......... 6.20-6.21, 7.2, 13.2 Starting the Work ................... ............... ....... ?.4 general ..................................................... 0.2 -6.23 'Stop or Suspend Work -- Representative, CONTRACTOfes ..... ........ -.6. 21 byCONTRACTOR .... 15.5 Samples-- by OWNER....._... .........................8.8, 13.10, 15.1 definition of.........._.. ...... ............... .... ........ _134 Storage of materials and equipment___............_ 4.1, 7.2 general .....................................................6.24-6.28 Structural Loading, Safety....................... ....6.18 Review by CONTRACTOR_ ............._..... - ... I ..... 6.25 Subcontractor -- Review by ENGINEER ............................... 6-26,6.27 Concerning ............................. .. ............... 6.8-6.11 relatedWork ................................. .................... 6.28 defmition of ..................................................... 1-37 submittalof ................. ................................ 614.2 delays .................................. ........ ................. 12.3 submittal ...............s .........................0.25 procedure . waiver of rights ................................................6. .11 Schedule of progress ........................ _ .... 2.6, 2.8-2.9, 6.6, Subcontractors --in general.................. ' ........... ... 6.8-6.11 .........................................6.29, 10.4,15.2.1 Subcontracts--requiredprovisions ........ 5.11, 6.11, 11.4.3 Schedule of Shop Drawing and Sample Submittals -- Submittals .............................. 2:6. 2.8-2.9. 6.24-6.28 Applications for Payrn ent ....... ....... ............. ... 14.2 Schedule of Values .............................. ?.6, 2.8-2.9,14.1 Maintenance and Operation ManuaI4 ............... 14.12 Schedules- Procedures ....................... . . .... 6.25 ..... ......... Adherence to ................................................. 15.2.1 Progress Schedules ...................................... 2.6,2.9 Adjusting...........................................................4.6 Samples ................................................... 6.24-6.28 Change of Contract Times.................................10.4 Schedule of Values........................._,_....._ 2.6,14.1 Initially Acceptable ....................................... 2.8i 2.9 Schedule of Shop Drawings and Samples Preliminary ........................................................2.6 Submissions,.... ................................. 2.6, 2.8-2.9 Scope of Changes ....................................... 10.3-10.4 Shop Drawings........................................ 6.24-6.28 Subsurface Conditions ......................................... 4.2.1.1 Substantial Completion -- Shop Drawings— certification of ............................0.30.2.3, 14.8-14.9 and Samples, general ........................ ..... 6.24-6.28 definition of ...................................................... 1.38 Change Orders & Applications for Substitute Construction Methods or Procedures ........ 6.7.2 Payments, and ........................................ 9.7-9.9 Substitutes and "Or Equal" Itern s .......................... .... 6.7 definition of ........................................... .......... 1.35 CCINTRACTOR!s Expense, ........ ...... ............ 6.7.1.3 ENGINEERS approval of ........ .................. 3.6.2 ENGINFER!s Evaluation .... ............................ 6.7.3 ENGINEERS responsibility "Or -Equal..... _ ............................................ 6.7. 1.1 for review ............... I ............. 1 .... 9.7, 6.24-6,28 Substitute Construction Methods related Work ........... ............ ........................... * 6.28 review procedircA ............................... 2.8, 6.24-6.28 Xiii EJCDC GENERAL CONDITIONS. 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number or Procedures.... _.......................................6.7.2 Substitute Items ...................... 6.7.1.2 Subsurface and Physical Conditions -- Drawings of, in or relatng to ........................ 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....... ....4.2.5 Possible Price andTimes Adjustments...............4,2.6 , Reports and Drawings .... .......... ......... 4.2,1 Subsurface and. .............. ..................................... 4.2 Subsurface Conditions at the Site,,,, ......4.2.Ll Technical Data...... ... ._....... 4.2.2 Supervision— CONTRACTOWs responsibility .............. _...........¢.l OWNER shall not supervise ................ .............. 89 ENGINEER shall not ,supervise .... ...... _ _.. 9.2, 9.13.2 Superintendence.. .. _.... .......... .....6.2 Superintendent, CONITRACTOR's resident ., ......_..6.2 Supplemental costs ......................................... ...... 11.4.5 Supplementary Conditions -- definition of.............................._,....._,..........,.1.39 principal references to.................J.10, 1.18, 2.2, 2.7, _....................4.2, 4.3, 5.1, 5.3, 5.4, 5.6-5.9, ........ 5.11,6.8.6.13,7.4,8.11,9:3,9.10 Supplementing Contract Documents_ ....................... 3.6 Supplier— definition of ................................. ........1-40 principal references to ............ 3.7, 6.5, 6.8-6.11, 6.20, ............... ......... ..... ..._........ 0.24, 9.13, 14.12 Waiver of Rights...............................................6.11 Surety -- consent to final payment .......................14.12, 14.14 ENGINEER has no duty to ................................ 9.13 Notification of..................................10.1, M5, 15.2 qualification of:.... I „ „ ...... 5.1-5.3 Survival of Obligations ...........................................6.34 Suspend Work, OWNER May ,,,,,,,,,,,,,,,,,,,_„13.10, 15.1 Suspension of Work and Termination-- ......................15 CONTRACTOR May Stop Work or Term inate 15.5 OWNER May Suspend Work.............................15.1 OWNER May Terminate ............................ 15.2-15.4 Taxes --Payment by CONTRACTOR .................... _, 6.15 Technical Data -- Limited Reliance by CONTRACTOR, ,,,,,,,,,,,,,,„4.22 Possible Price and Times Adjustment;,,,,,,,,,,,,,, 4.2.6 Reports of Differing Subsurface and Physical Conditions.. ..................................4.2.3 xiv Tom poraryconstruction facilities ........ ...................... .1 Article or Paragraph Number Termination -- by CONTRACTOR ..... .................. :.... _,...........15.5 by OWNER ..................... ............. .._..8.9, 15.1-15.4 of ENGINEER's employment.,,.,,.._..,. _ _. 8.2 Suspension of Work-in general „ „ ., .___„15 Terms and. Adjectives.. _ .................................. _,,,...3.4 Tests and Inspections -- Access to the Work, by others.. ...... ... . .......... 13.2 CONTRACTOR'S responsibilities ......................13.5 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 ............ ..... I....13.10 O WNER's independent testing ....................... _ 13.4 special, required by ENGINEER . .................... -.9.6 timely notice required, ..,_......... .............. ._13.4 Uncovering the Work, atENGINEERRs request ......................................... I ...... 13.8-13.9 Times -- Adjusting ................. ............ ........ 6.6 Change of Contract.. _........_ .........12 Computation of.. , ......... . 17.2 Contract Times --definition of ...........................1.12 day........... ........ .,,...... ......1.7.2.2 lviilestones..........................................................12 Requirements -- appeals................................................. 9.10. 16 clarifications, claims and disputes, .............. _9,11, 11.2, 12 Commencement of Contract Times:. „ „ 2.3 Preconstruction Conference ............................. 2.8 schedules.........................................2.6, 2.9, 6.6 Starting the Work .......... ..............................2.4 Title, Warranty of ................ ............. ........... I ........... 14.3 Uncovering Work.. .......................................... 118-13.9 Underground Facilities, Physical Conditions -- definition of ........ ... .........................................1.41 Not Shown cr Indicated,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 4.3.2 protection of,,,.,. .., ........... ..4.3, 6.20 Shown or Indicated... ....... _..............................4.3.1 Unit Price Work-- claims.........................................................1.1.9.3 definition of ................................... 1.42 genera111.9, 14.1, 14.5 Unit Prices— general 11.3.1 Determination for ............................................ 9.10 Use of Premises................................6.16, 6.18, 6.30.2.4 Utility owners_ ..........................5.13, 6.20, 7.1-7.3, 13.2 Utilization, Partial...................1.28, 5.15, 6.30.2.4, 14 10 Value of the Work. 113 Values, Schedule of..............................2.6, 2.8-2.9, 14.1 MDC (ENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 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 parties,,,,,,,,,,,,,,,_.5.11, 6.11 Warranty and Guarantee, General --by CONTRACTOR ............................................... 6.30 Warranty of Title, CONTRACTOR's........................14.3 Work -- Access to __1.3.2 byothers............................................................... 7 Changesin the.....................................................10 Continuing the ................................................. 6.29 CONTRACTOR May Stop Work or Terminate......... ................... _................,15.5 Coordination of ............................... ..................... A Cost of the.:.............................._...............11.4-11.5 definition of ................... ............................ ....... 1.43 neglected by CONTRACTOR...........................1.3.14 otherWork........:.........:........................................ OWNER May Stop Work ............... ........... ....... 13.10 OWNER May Suspend Work ...................13.10, 15.1 Related, Work at Site:..................._........_......7.1-7.3 Starting the............................................:2.4 Stopprrlg by CONTRACTOR............................1,5.5 Stopping by OWNER ...................... I.......... 15.1-15.4 Variation and deviation authorized, minor„.........3.6 Work Change Directive -- claims pursuant to........................................__._,10.2 definitionof........................................................1.44 principal references to,,,,,,,,,,,,,,,,,,,,, 3.5.3, 10.1-10.2 Written Amendment -- definition of ......................................................... 1.45 principal references to..............1.10, 3.5, 5.10,15.12, .................. 6,8.2, 6.19, 10.1, 10.4, ..... :............ "I .... 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, ........................... I............... 10.4, 11.2, 12.1 by OWNER .......... .......... :9.10-9.11, 10.4, 11.2, 1114 xv EJCDC. GENERAL CONDITIONS 1910-6 (1990 EDITION) W/CITY OF FORT COLLINS MODIFICA'IIONS (REV 9199) (This page left blank intentionally) xh EJCDC GENERAL CONDITIONS 19104 (1990 EDITION) W/-CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) GENERAL CONDITIONS ARTICLE 1—DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1. Adtknda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2 Agreement --The written contract between OWNER and CONTRACTOR covering the Work to be performed, other Contract Documents are hmohed to the Agreement and made a part thereof as provided therein. 1.3. Appiwanbn for Payment —The form accepted by ENGINEER which in to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is requited by the Contract Documents. IA Asbestos --Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current :action levels established by the United 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. 1A Bidding Documents —The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements --The advertisement or invitation to Bid, instructions to bidders, and the Bid form. 1.8. Bonds —Performance and Payment bonds and other instruments of security. 1.9. Change Order —A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement 1.10. Contract Documents —The Agreement, Addenda (which pertain to the Contract Documents), 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 EICDC GENERAL CQNDITIOM 1910-8 (1990 Edtim) w/CITY OF FORT COLLIM MODMCAnONS OMN 42000) 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 paragraphs3.5, 3.6.1 and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1 and 4.2.2 are not Contract Documents. 1.11. 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 ease of Unit Price Work), 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payments as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. 1.13. C0N7R4CT0R--The person, firm or corporation with whom OWNER has entered into the Agreement. 1.14. defecttve—An a liective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it doesnot 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 final 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 Agreement —The date indjcated in.the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17 ENGINEER —The person, firm a corporation named as such in the Agreement. 1.18. ENGINEER's Consultant --A person, firm or corporation haYmmgg a contract with ENGINEER to furnish services as ENGII<hIEBR's independent professional associate or consultant with respect to the Project and who is identified as Such in. the Supplementary Conditions, 1.19. Field Omer —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 1.20, General Requirements —Sections of Division 1 of the Specifications. 1.21. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.22.a. Laws 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. 1.22 b Legal Holidays --shall be those holidays observed by the City of Fort Collins. 1.23. Liens --Liens, charges, security interests or encumbrances upon real property or personal property. L24. Miksrone--A principal Event .specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice of Award --A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed --A written notice :given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 1.27. OWNER —The public body or authority, oorpotatior; association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial U04zation—Use by OWNER of a substantially .completed part of the Work for the purpose for which it m intended (or a related purpose) prior to Substantial Completion of the Work. 1.29. PCBs —Polychlorinated biphenyls. 1.30. Petroleum --Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oilsludge, oil refuse, gasoline, kerosene and oil mixed with other non -Hazardous 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. 1.32a. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of EICDC GENERAL CONDITIONS 1910-8 (1990 Editim) w! aTY OFF FORT COLLINS MODIFICATIONS {REV 4R000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.32.b. Regular Working Hours --Regular working hours are defined as 7:00am to 67OOlm1 unless otherwise specifiedm the General Rewirements. 1.33. Resident Project Representative --The authorized representative of ENGINEER who may be assigned to the site or any part thereof 1.34. Samples -physical examples of materials, equipment, at workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged 1.35. Shop Drawings --All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications —Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Yuboontracfor_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 oopprruon of ENGINEER as evidenced by ENGINEER'S definitive certificate of Substantial Completion, it is sufficiemly 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 Completion thereof. 1.39. Supplementary Conditions —The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier —A manufacturer, fabricator, supplier, distributor, materialtnan or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Underground Facilities --All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or 3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible' representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and 12/03 Section 00100 Page 2 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. Unit Price Work —Work to be paid for on the basis of unit prices. 1.43. Work --The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract. Documents. Work includes and.is the result of performing or famishing labor and furiishing and incorporating materials and equipment into the oonsuuctiwr, and performing or famishing services and furnishing documents, all as required by the Contract Documents. 1.44. Work Change Ditvctive—A written directive to CONTRACTOR issued on or after the Effective Date of the Agreement and :signedby OWNER and recommended by E 0INEER, 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 pamgmph4.2 or 4.3 or to eduergencies under paragraph 6.23. A Work Change Directive will not change the Contract Prkx.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 Times as provided in paragraph 10.2. 1.45. Written Amen&Mnt--A written amendment. of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonerlgineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PRELBUNARY MATTERS Delivery ofBomW 2.1. When CONTRACTOR delivers the executed ,Aaggrreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents. 2.2. OWNER shall famish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commencement of ContractTimesl Notice to Proceed' 2.3. The Contract Tines will commence to run on the thirtieth day after the Effective Date of the Agreement, or, EJC.DC GENERAL CONDITIONS 19104 (1990 E(900n) w/ CITY OF FORT COLLiNS MODIFICATIONS (REV 4l2000) 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 days after the Effective Date of the Agreement. in no will the GentFast Times ter 01 itieth day of the E#eettvaafe Starling the Work: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and 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 froth ENGINEER before proceeding wilh.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 prelim�nery progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of'Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing end processing such submittal; 2 6 2 1 In no can will a schedule be %acceptable which allgws less than 21 calendar vs for each reviewbv 'Weer. 2.6.3. A preliminary schedule of values for all of die Work which wiU include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.T Before any Work at the site is started, CONTRACTOR and OWW shall each deliver to the other OWNi with copies to ENGINEER certificates of insurance (and other evidence of insurance reesenabb, reque rr uested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.4, 5.6 wW 5.7. Preconstruction 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 he held to establish a working tmderstanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. InitiailyAcceptable Schedules: 2.9. Unless otherwise provided in the Contract Documents; before any work at the site begins, a conference attended by CONTRACTOR, ENGINEER and others as designated by OWNER will be held to review orta cep bility to ENGINEER as provided below the schedules submitted in accordance with paraggttaapph2.6. and Division I - General Requirements. 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 Tunes, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor, CONTRACTOR's schedule of Shop Drawing end Sample submissions will be. acceptable to ENGINEER es 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 one is as binding as if called for by all The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to EJCDC GENERAL. CONDITIONS 191043 (1990 Edition) wJ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 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 shalt be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies: 3.3.1. Reference to standards, specifications; manuals or codes of any technical society, organization .or association, or to the Laws or Regulations .of any governmental authority; whether such reference be specific or by implication, shall mean the latest standard, speoificatim 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. If during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any suchstandard, 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. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph3.5 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: 33.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No pb9visimn of MV such standatd, specifitotion, mamuaL code oruustructimn shall be effective to changethe duties and bilities of OWNER, CONTRACTOR or ENGIN[am or any of their subegntractor$ 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 Con% agents or employees any duty or authority to supervise or direct the furnh4rmg or performance of the Work or shy duty or authority to undertake responsibility inconsistent with the provisions of Documents. 9.13 or any other provision of the Contract Documents.cents. 3.4. Whenever in the Contract Documents the terms "as (*dared", *4s. directed", "as required", "as allowed", "as apfroved` or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectivesof like effect or import are used to describe a requirement, direction, review or atf of ENGINEER as to the Work, it is intended that requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and infermation in the Contact Domments and conformance with the design concept of the completed Project as a functioning whole as shown -or indicated in the Cgttract Documents (unless there is a specific stetetnertt 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 famishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amending and &pprkmenting Contrsct Documents I.S. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal WrittenAmendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or MCDC OENERAL CONDITIONS 1910-@ (1990 Editim) w/CITY OF FORT COLLINS MODIFICATIONS {R$V V2000) 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINNEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. INGINEER's written interpretation or clarification (pursuant to paragraph 9.4). Reuse ofDoeuments.• 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organize on performing or furnishing any of the Work under a direct or indirect contract with OWNER (i): shall not have or acquire any title to or, ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or Bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not rouse any of such Drawings, Specifications, other documents or copies on extensions of the project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER ARTICLE 4--AVAILABILITY OF LANDSi SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS AvaiONN(efLands. 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 use of CONTRACTOR OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so fiutlished 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 OWNER's furnishing these lands, rights -of - way or casements, CONTRACTOR may make a claim therefor as provided in Articles I and 12. CONTRACTOR shall provide: for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2. Subsurface andPhysicalCon,*#ons: 4.11. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or conti ous to the site that Have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.12. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents, 4.2.2. Limited Reliance by CONTRACTOR Authorized Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER'S Consultants with respect to: 4.2.2.1.. the completeness of such reports and drawings for CONTRACTOR's purposes; including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and inform ation contained in such reports or shown or indicated in such drawings, or 4,12.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Conditions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to requite a change in the Contract Documents, or 4.2.3.3. differs materially from that shown or EJCDC GENERAL CONDITIONS 1910,8 (1990:Edit w) w/ CITY OF FORT COLLINS MODIFICAMNS (REV 4/2000) indicated in the ContractDoicuments, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, prern 4y immediately 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 paragraph 6,23), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR Shall not'firther disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. ENGINEP..R's Review: ENGINEER will promptly review the Nrtinertt conditions, determine the necessity of'OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Documents Change: If ENGINEER concludes that a charige in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Work Change Directive or a Charge 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 Ai#ustments: 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 of; 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 4.2.3.1 through 4.2.3.4, inclusive; 4.2.6.2. a diange inthc Contract Documents Pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjusts ent; 4.2.6.3. with respect to Work that is paid for on a Unit price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if, 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract price and Contract Tithes by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such canditim could reasonably have been discovered or revealed as a result of any examination; investigation, exploration, 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 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. Ff OWNER and CONTRACTOR are unable to agreeon entitlernent to or as to the amount or length of eny such quitable adjustment in the Cdartract Price or Contract Tmtes, a claim may be made therefor as provided in Articles 11 and 12. However, OWNER, ENG1111EER and ENGiNEBR's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on in connection with any ctiierproject or anticipated project 4.3. Physical CondTbons-Underground Facilities., 4.3.1. Shown orincdcated: 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 infaivatiot 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 4.3.1.2. The cost of all of the Wowing will be included in the, Contract Price and CONTRACTOR shall have full r. pioilsibility for: (i) reviewing and checking all such Information and data, (u) locating all Underground Facilities shown or indicated in the Contract Documer"(iii) coordination of the Work with the owners of suds Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shoxar or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall premy immo&tel after beaming aware thereof and be ore further disturbing conditions affected thereby or performing any Wok in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and FJCDC GENERAL COND11IONS 1910-8 (1990136 ian) wlC1TY OF FORT COLLINS MODIFICATIONS (REV 42000). give written notice to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and documentthe 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 pprrovided in paragraph 6.20. CONTRACTOR shall'mg 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 existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR slid not know of and could not reasonably have bCen�Jexp c° led to be aw.4re of or to haveaoticipated If O NSR and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such a4ustioent in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as, provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims,.. costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points. 4.4. OWNER shall 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 approvval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point. is lost or destroyed or requires relocation because of necessary changes in grades or location 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 arty Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown Or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed. thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. ARTICLE 5--BONDS AND INSURANCE Performance, Payment and Other Bonds.• 5.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all 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 or by the Contract Documents. CONTRACTOR shall also furnish such other Bands as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents exc ,pt.as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of "Companies Holddr� Certificates of Authority as Acceptable Sureties onFedetal Bands and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, 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 Ensurers; 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 junsdiction in which the Project is located to issue Bonds or insurance 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 any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. GANER- stray ETCDC GENERAL CONDInOJ4S 1910-8 (1990 Edition) w/ CITY OF FORT COLUM MODIFICATIO14S MV 4/2000) CONTRACTOR's Liability Insurance: 5.4.. CONTRACTOR shall purchase and maintain. such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furniahed by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly 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 workem' compensation disability benefitsan other similar employee benefit acts; 5:4.2. claims for damages because of bodily ir4ury, ocatppaational sidcoess or disease: or d of CONTRACfOR's employees; 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; at F'reaser 5.4.5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership', maintenance or use of any motor vehicle. The policies of insurance so requited by this paragraph 5A to be purchased and maintained shall: 5:4.7. with respect to insurance required by pwa.graphs 5.4.3 drough 5A.6 inclusive and 5.4.9 include as additional insureds (subject to any customary exclusion in respect of professional liability), OWNER; HNGINE$R, ENGINVER'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 officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater, 5.4.9. include completed operations insurance; EJCDC GEN6nA1..CONDITTONS 1910.8 (1990 Edtion) WI CITY OF FORT-COLLINS MODIFICATIONS -(REV 42000) 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage worded 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 identifted in the Supplementary Conditions to whom a certificate of maurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any msuranee cove written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any .such additional insured of continuation of such insurance at final payment and one year thereafter). OWNER's Liabifity Insurance; 5.5. In addition to insurance required to be provided by CONTRACTOR .under paragrsph5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Propeniy Insnrance: 006 SPOR_.;i .,_ a _:_h _ ,.o r.........i:.�. r.......i.... Shan at k edE at least 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in less wal be bam idendifted Liam, The Fisk e .Gh less an pumhose and wesial a Ardee e>—�Yri tltnert�aenEic�r �e 1 0 EJCDCGENERAL CONDITION519104(1990Editim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) ,,yam.; .. _ _ • . Y _ e ._------------- Receipt andApplieation ojlnsumnce Proceeds: 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 wX applicable mortgages clause and of paragraph 5.13. OWNER shall deposit in a separate amount any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach If no other special agreement is reached the damaged Work shell 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 loss with the insurers unless one of the parties in interest shall object in writingwithin fifteen days after the occurrence of lass to NR's exercise of this power. If such objection be made; OWNER as fiduciary shall make settkema t with the insurers in accordance with such agretement as,theparties in interest may reach If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers give hapul far s Acceptance of Bon* and Ihmmnee; Option to.Reptace: 5J4. If . OWNER has any abjection to the coverage afforded by or ether provisions of the Bemis er insurance required to be purchased and maintained by the party CONTRACTOR in accordance with Article 5 on the basis Pm*at l7 ili7adon Property lnsurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EICLIC GENERAL CONDITIONS 19104 (1990 Editim) wtaTy OF FORT COLLINS MODQ+ICATIONS (REV 4I2000) Completion of all Ste Work, such use or occupancy may be accomplished in accordance with paragraph 14.10; 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 changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES &WoMeion and Sapertntendeave: 6.1, CONTRACTOR -shall supervise, inspect and direct .the Wick competently and efficiently„ devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents, CONTRACTOR shall be solely responsible for the means, methods, techniques, .sequences mad procedures of wren, bitt CCgOINITRACTOR shall not be ieslsgnsible 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 Documents. 6.2. CONTRACTOR shall keep on the Wale at all times duripg 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 CONTRACTOR's 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 I,abpr,MaterialsandE pipmeat: 6.3. CONTRACTOR shall provide competent, suitably qualifiedd 1 to survey, lay out and construct the Wor scasrequred by the Contract Documents. CONTRACTOR shall atall times maintain good discipline and order at the site. Except as otherwise required fiir 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 Documrnts, 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 reouests to the ENGINEER no 1 4 dv be cerformed bri day. Sunday. Holidays or outside the ar Worki 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.4.1. Purchasing Restrictions CONTRACTOR roust comply withthe City s purchasing restrictions A copyof the resolutions are available for review in the offices of the Purchasing and Risk Manaeement Dlvlsion the City Clerk's office 6.4.2. Cement Restrictions- City of Fort Collins Resolution 91-121 requires that suppliers and producers of eme t. or pmMcts containing cement to cetify that flse cement was not made in cement kilns that burn bazardous waste as a fuel 6.5. All materials and equipmer shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly min to the benefit of OWNER. If required by ENGINEER, CONTRACTOR sliall famish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment: All materials and equipment shall be applied installed, connected, erected, used cleared and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule- 'S6. CONTRACTOR shall adhere to the progress schedule establishedin accordance with pars aph2.9 as it may be adjusted from time to time as proyndeybelow: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or lvfrlestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.62. Proposed adjustments in the progress schedule that will change the Contract. Times (or Milestones) shall be submitted in accordance with the requirements of paragraph12.1. Such adjustments may only be made by a (mange Order or Written Amendment in accordance with Article 12. 6.7. Sklisitulesand "Or -Equal" ftems., 6.7.1. Whenever an item of material or equipment is specked 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 12 EICDC GENERAL CONDITIONS 19104(1990.Editiom) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4l2000) contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is. permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1. "Or -Equal". If in F.NGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, .in ENGINEER's sole d scretion be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items: 6.7.1.2. Substitute Flems If in ENGIINEER's sole discretion an item of material or agiripment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7:1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the fallowing as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall fast make written application to ENGINEER. for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that speoified. The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOks achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not in .on 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 contractors affected 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. 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. 12/03 Section 00100 Page 3 by the resulting chgjQ ; all of which will be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute 6.7.1.3. CON/R4C7f)R's Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense. 6.7.2. Substitute Construction Methods or Procedures: If a rspwifle means, method, technique, sequence or proceduue of construction is shown or indicated in and expressly required by the Contract Documents; CONTRACTOR may fumish or utilize a substitute means, method technique, sequence or procedure of construction acceptable to ENGINEER CONTRACTOR shall submit suf icient.mformation to allow ENGINEER in ENGiNEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contact Documents. The procedure lot review by ENGIIMR will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Fvaluationr ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs.6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability, No "or-equa1" or substitute will be ordered, installed or utilized without ENGINEM''s prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to Punish at CONTRACfOR:s expense a special performance guarantee or other .surety with respect to any ".ormequal" or substitute. ENGINEER will reed 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 theprovisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not BNGINERR socepls 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 SubcontraMors, Sappliers and lint trs: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other personor organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other perscri.or organizatiel to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. EJCDC OUNEP AL CONDITIONS 19104 (1990 E(hlticn) W/CITY OF FORT COLLINS MODIFICATIONS(REV 4h000) 6_9. CONTRACTOR ll Der in not less 20 percent of the Work with its own forces that is. without subcontracting). The 20 percent reWiremmt shall be understood to refer to the Work the value of which totals not less than 20 percent of the Contract Price. 6.8.2. if the Supplamentiny Goaditi Bidding 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 OWNERht date prior to the Effectwe date of the Agreement for acceptance by OWNER and ENGINEER,—sad--i€ or writing or by failing to m1 by the date mdiedted for the bidding documents or ENGINEER of any such Sul other person or organization s of any right of OWNER or defective Work. acceptance (either in ritten objection thereto ptance or objection, in ortract Documents) of WNEK or Supplier or to a waiver R to reject 6.0.1. CONTRACTOR shall be fully responsible to OWNER. and ENGINEER for all ads and anissiom of the Subcontractors, suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is respaustble 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 see 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 fiirmsh to anv subcontractor suoolier or other cerson on evidence of amounts d to =EtB6Q0R in accordance with CONTRACTORS "Applications for Payment". 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 Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work perforated 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, Patent Fees and Royalties 6.12. CONTRACTOR shall pay all license fees and royalties and assume all casts incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process; prti tuct or device which is the subject of patent rights or,eopyrights held by others. If a particular invention; desigp; 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 extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGIIJEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from snit 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 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. EICDC GENERAL CONDITIONS 1910.8 (1990.Edilim) 14 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Permits 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such pennits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant invesunent fees. 6.14. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furmshmg and performance of the Work. Except where otherwise expressly required bylicable Laws and Regulations, neither O nor ENGINEER shall be responsible for monitoring CONTRACTORS 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 CONTRACTORS primary responsibility to make certain that the Specifictions and Drawings. are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 1.3.2. 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 Prd'ect which are applicable during the performance of the Mork. 6.15.1. OWNER is exehng from Colorado State and local sales and use taxes on materials to be permanently incorporated into the proiect. Said taxes shell not be included in the Contract Price. Address: Colorado Department of Revenue State Capital Annear 1375 Shermanstreet Denver. Colorado. 80261 Sales and Use Taxes for the State of Colors Regional I anslmrta'M Distriet I 'TD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All applicable Sales and Use Taxes (inclu ' State collected taxes), on any items other than construction and buildim materialsoo rated into the croieet are to be ygid RACTOR acid are to included in euprooriate bid items. Use of Premises: 6.16. CONTRACTOR shall oonfine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas xlentified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations; rights -of -way, permits and easementa, and shall not utgeasotmbly 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 arras, resulting from the perfomhanee of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work; CONTRACTOR shall promptly settle with such otter party by negotiation or otherwise resolve the claim by arbitration or other to resolution proceeding or at law. CONTRACTOR shall, the fullest extent permitted by Laws:and Regulations, indemnify and hold harmless OWNER, ENGINEER, ENGINBER's Consultant grid 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 petty indemnified hereunder to the extent caused by or based Won CONTRACTOR's performance of the Work. 6.17. During rho progress of the Wori4 CONTRACTOR shall keep the premises !me Gem acciamulatiars of waste materials, rubbish and outer 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 clears and 'ready for occupancy by OWNER at Substantial Completion of the Work CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documatts. 6.18. CONTRACTOR stall not. load nor permit any part of any structure to be loaded in any manner that will 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: -EICDCQENERAL CONDITIONS 19104 (1990 Editiar) w{C1TY OF FORT COLLINS MODIFICATIONS (REV 42000) 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 imerpretattions and clarifications (issued pursuant to paragraph9A) in good order and annotated to show all changes made during construction These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, and 'tutor to release of final. payment: these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protecdon: 6,20. CONTRACTOR shall be responsible for initiating maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precatih cos for the safety ot; and stall provide the necessary protection to prevent damage, injury or loss to; 620.1. 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 inowporsted 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 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 there 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 cooper to with them in the protection, removal, relocation and replacement of their property, All damage ury or loss to any property referred to in paragraphs 6510.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish m4' of the Work or anyone for wh6se acts any of than 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 ENG1NPl;R's Consultant or anyone employed by any of than or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or Organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work iscompleted and }ENGINEER has issued a 15 notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. Safety Representative. - CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities 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 be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. F.mergeneies: 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site of adjacent thereto, CONTRACTOR without, special instruction or authorization from OWNER or ENGINEER is obligated to act to prevent threatened darnage,. 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 BNGINRER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in re*a,w 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 paragraepph 2* All submittals will be identified as ENGINEER may require and in the =her 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 identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited E.1CDC GENERAL CONDITIONS 1910.8 (t990 Edition) 16 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) purposes required by paragraph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6,25. SubminatProcedures: 6.25.1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.3. all information relative to CONTRACTOR' sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR'S obligations under the Contract Documents with respect to CONTRACTOR'S review and approval of that 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 Documents, such notice to be in a written communicatim separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings arid Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEEWs 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 spacifrc writtdr notation thereof incorporated in or accompanying the Shop Deswmmgg 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 Drawng and Sample submissions accepted by ENGINEER as required by p�a�aph2.9, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense .and responsibility of CONTRACTOR - Continuing the Work.- 6.29. CONTRACTOR shallcarry cur the Work and. adhere to. the progress schedule daring 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. 6.30. CONTRACTOR's General Warranty and Gkarantee.: 6.30.1. CONTRACTOR warrants and guarantees to OWNER; ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be rkfeetive. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage used by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR Subcontractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Note of the following will constitute an acceptance of Work that is not in EICDC GENERAL CONDITIONS 1910-8 (1990 E(itlm) w/.CITY OF FORT COLLINS MODIMCATTONS (REV 42000). accordance with the Contract Documants.or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6.30.2.5. any acceptance by OWNER or any failure to do so; 6.30.2.6. arty review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. any correction of defective Work by OWNER. Indemnifrcadonr 6.3i.. To the fullest extent permitted by Laws and Regulations,. CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINRER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims; oosts, 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 nut a€ or resulting from the performance of the Work, provided that any such claim, cost, less or damage; (i) is attributable, to bodily irgury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss oI use resulting therefrom, and (d) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be Gable, regardless of whether or not caused in part %by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In 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, any, person or organization directly or indirectly employed by 17 any of them to perform or furnish any of the Work or anyone for whose acts any of then may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the, amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts, 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability, of ENGINEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival ofObligaaons.- 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents; as well as all omitinuin 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--OTI M WORK #elated Work ed Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall coritain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR Prior to stinting any 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 unable to agree as to the amount or extent thereof. 72. CONTRACTOR shall afford each other contractor who is a party to such a direct contract 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 oppcxiunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work, CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable EJCW GFNEJtAL CONDITIONS 19104 (1990 Edi(im) is w/ CITY OF FORT COLLINS MODIFICATIONS OMV 42000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work CONTRACTOR's failure so to report will constitute an 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. Coordlhation: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the fallowing will be Set forth in Supplementary Conditions, T4.1. 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 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8--OWNER'S RESPONSIBILITIES 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 agoras[ whose status under the Contract Documents shall be that of the former ENGINEER 8.3. OWNER shall ttanish 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 pparagras 4.1 and 4.4. Paragraph4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. and as -set 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER'S responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's riot 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. 9.9.. The OWNER Shall not supervise, direct or have control or authority over, nor 'be responsible for, CONTRACTOR'S means, methods, techniques; sequences or proaedttres of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appplicable to the furnishing or pperformanoe of the Work. 0 . R will not be resperterbI for CONTRACTOWs failure to performor fumislr the Work in accordance with the Contract Documents. ARTICLE 9—ENGINEER'S STATUS I3URING CONS9 VCTION OWIVCR's Representative: 9.1. ENGINEER will be OWNER'S representative during the construction period. The duties and responsibilities and the lunrtsitions of authority of ENGINEER as OWNER'S representative during construction are .set forth in the Conlract Documents and shall riot be extended without written consent of OWNER and ENGINEER Mits to Site. 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress EICDC M4ERAL CONDITIONS 1910-8 (1990 Editien) w/CITY OF FORT COLLINS MODIFICATIONS (REV 4/3000) that has been made and the quality of the various aspects. of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to. determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quentity of the Work. ENGINEER'S efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - Site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINEER'S visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in graph 9.13, and particularly,. but without Grrlitation :or as a. result of ENGINEER'S on site visits or observations of OONTRACTOR's Work ENGINEER will not supervise, direct aot*%31 or have authority over or be responsible for CONTRACTOWs means, methods, technigfles 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 f irnrslnng or performance of the Work.. Projed Representative: 93. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. T1ie responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs.9:3 and 9.13 and in das GAaffi ens of these General Conditions. If OWNER gates another representative or aaggan��t to represent et the site. who is not HNGIIdEEIt's Consultant, agent or employee, the responsibilities and authority and lour» nations thereon of such other person will be as provided in narmach 9.3 9.3.1. The Rtprrtative's dealirr¢s in matters pertainirr¢ to the on�ite work will in yee»eral, be with GINEER and CONTRA TOR. But the Reprtserttative will keepZ 'the Ovam nuoerly advised about such .matters Thfives dealinptrs with mcatractors will onlv be thrmAh or with the full knowledae and amirovel_of_.the 9 3 2 Duties and Responsibilities Representative will.. 9 3 21 Schedules - Review the progress 19 sche le and other schedules prepared by the CONTRACTOR and consult withthe ENGINEER concerning acgpMbiltty 9 3 2 2 Conferences and Meeting - Attend meeftna with die CONTRACTOR such as preconstntction conferences progress meetings and other lob conferences and prepare and circulate copies of minutes of meetings 9.3-2.3. Liaison 9.3.2.3.1. Servo as ENGINEER'S liaison with CONTRACTOR workin rrincip%Uv through CONTR 4CTOR'Ssuipenntendent to assist the CONTRACTOR in understandir the Contract Documents. 9 3 2 3 2 Assist in obtaining from OWNER additional details or infcerttahm when wired, for proper execution of the Work. 9.3.2.3 3. Advise_ the ENGINEER and CONTRACTOR of the commencement of any Work requiring a RFC Drawing or sample submission if the submission has not lxe approved by the ENGINEER 9.3. .4.Rev' f crk&ejection of Defecuve an Work Inspections Tests - 9.3.2.4 1. Conduct on -site dbservations of the Work in pEwess to assist the ENGMER m determmimg that the Work is proceeding in accordance with the Contract Documents. 9.3 2 4 3 Accompany visiting inspectors representing public or other agencies having iunsdretion over the Project. record the results of these inspections and report to the ENGINEER. 9,3 2 5 Interpretation of Contract Documents Report to ENGINEER when clarifications and interprotations of the Contract Documents are needed and transmit to CONTRACTOR clari5eation and int etatim of the Contract Documents as issued by the ENGINEER 9.3.2.6: Modifications Consider and evaluate CONTRACTOR'S suggestions for 20 EJCDC GENERAL CONDITIONS 191IM (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 417000) modification in Dnwmgs or SvociftcatioG ,ns an report these recommendations to ENER Apeumtely transmit to CONTRACTOR decisions issued by the ENGINEER 9.3.2.7. Records. 9.3.2:8. Reports 9 3 2 8 1 Fumish ENGINEER periodic Work as r - 're - of ess of the anti of the CO COWS coin li noe with e r ess schedule and schedule of shop Dmwum and sample submittals. —3.2.8.2. Consult with ENGINEER in ad ante of sc m ' tests, infections or 'start of irrroortant nhases of the Work. 9 3 2 8.3 Draft proposed Change Orders and Work Directive Changes. obtamma backup material from the CONTRACTOR and recanmend to BNGINEER Chaff Orders. Work Directive Changes and field ordm, 9.3.2.8.4. Report immediately to ENGAIM and OWNER the occurrence of any accident 9 3 2 9 Payment Raguests Review applications for payment with CONTRACTOR for oompliance wnli the established procedure for their submission and forward with recommendation to ENGINEER notim particularly the relationship of the ant r asted to the schedWe of value work complete and materials and Nuilerrertt delivered at the site but not mcorporata to the Work 9.3.2.10. Completion. 9.32.10.1. Before ENGINEER issues a Certificate of Substantial Caingetion submit to CONTRACTOR a list of observed items requiring correction or completion 9.3.2.10.2. Conduct final irlspeeuon in the petty of the ENOMR. OWNER and CONTRACTOR and prepare a final list of items to be corrected or completed. 93:2.10.3. Observe that all items art the, trial list have been cortooted dr eomdetetl end make recommendations to II�It C== accede 9.3.3. Limitation of Authority: The Representative shall not: 9.3.3.1, Authorize any dsviations from the Contract Documents or act az{y substitute cg unless authorized by the atoregyinment ENGINEER- 9 3.3.2. Exceed lirnitg_tiops of ENGINEER! S eutiiorityas set forth in the0orrtract Documents. 9.3.3.3. Undertake arty of the responsibilities of the CONTRACTOR, Subcontractors, or CONTRACTOR'S superintendent 9.3.3.4. Advise on or issue directions relative to. of assume control river any aspect of the meam methods, techniques sequences or pmeedures for construction unless such is speelfnca y called for in the Contract Documents. 9.3.3.5. Advise on or .issue directions or assume control over safety mecautians end ornomms in connections with the Work 9 3.3.6. Accept Shop Dtawitigs or sample aubmittals from anyone other than the CONTRACTOR 9.3.3.7. Authorize OWNER to occupy the Work in whole or in part. 9.3 8t Participate in specialized field or laboratory tests or inspections conducted by others excemt as specifically authorized by the ENGINEER Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations . of the EICDC GENERAL CONDITIONS 1910-$ (1980 E(6t 0n) w/CITY OF FORT COLLINS MODIFICATIONS (REV 42000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably 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 Trines and the parties are unable to agree to the mnount or extent thereof if airy, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or Article 12. Authorized Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contact Documents which do not involve an adiustment 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 maybe 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 alustmentin the CoritractPrice or the Contract Times and the parties are unable to agree as to the amount or extent thereof OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or 12. Rejecting Dq/ective Work: 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 4OWty of the design concert of the completed proonn Whole as. indicated by the Contract ems. ENGINEER will also have authority to require special inspection or testing of the. Work as provided in paragraph13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments 93. In correction with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER'S authority as to Change Orders, see Articles 10, 11, and 12. 9.9. In connection with ENGINEER'S authority as to Applications for Payment, see Article 14. Determinations for Unit Prices 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's prelimmary 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 rural 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 ENGINEERS 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 (ii) 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 ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR Such appeal will not be subject to the procedures of paragraph 9.11. Dedirlons on Disputes: 9.11.. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to 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 claunant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start. of the occurrence or event giving rise thereto, and written su mg data will be submitted to ENGINEER and the tiertparty within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within last submittatlll( nlessrty �ENGGIINEERpall s additionalit of the claimant'time). ENGINEER will raider aformal decision in writing within thirty days.afterreceipt of the opposing party's submittal, if any, in accordance with this paragraph ENODMR's written decision on such claim, dispute or other matter will be final and bindirsg upon OWNER and CONTRACTOR unless: (i) an appeal from ENGIIdEER'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 (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEERs written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in 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 Regulations within sixty days of the date of such 22 EJCDC GENEKAL CONDITIONS 1910-9(1990 Edium) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/7000) 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 show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter puramnRa A&tiele--lk. 9.13. Limitations on ENGINEER's Authority and Responsibilities, 9.13.1. Neither ENGINEER'S authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them: 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction; or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOWs failure to perform or famish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees. Bonds and oia cates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.13.5. The limitations upon authority and