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HomeMy WebLinkAbout272081 INTERMOUNTAIN SLURRY SEAL - CONTRACT - BID - 5698 ASPHALT SLURRY SEAL PROJECTi SPECIFICATIONS AND CONTRACT DOCUMENTS FOR 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. -. 19W11014MMUMMUM 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. 17 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 7,, attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 7/96 Section 00100 Page 4 7 1375 Sherman Street Denver, Colorado, 80261 Sales and Use Taxes for the State of Colorado Regional Transportation District (RTD) 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 (including State collected taxes), on any items other than construction and bulldine materials phvsically incorporated into the protect are to be Daid bV CONTRACTOR and are to be included in appropriate bid items Use of Premises: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold hamiless OWNER, ENGINEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER. ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in 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: EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, and prior to release of final Payment these record documents. Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraphs 6.20.2 or 6.20.3 caused directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in pan, 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 is completed 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. Emergencies: 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.24. Shop Drawings and Samples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be 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 FJCDC GENERAL. CONDITIONS 1910-8 (1990 Edition) 16 µ./ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) purposes required by paragraph 626. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submiral Procedures: 6.25.1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 625.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.3. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR 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 communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract 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. ENGINEER'S review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25. L 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph 2.9, 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 shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.30. COATRACTOR's Genera! Warranty and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER. ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) accordance with the Contact Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6.30.2.5. any acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. any correction of defective Work by OWNER. Indemnification: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold hamtless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity 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 them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGINEER and ENGINEER'S Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival of Obligations: 6.34. All representations, indemnifications, warranties and guarantees trade in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7—OTHER WORK Related Work at 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 contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (ii) CONTRACTOR may snake 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. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNER'S employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering thew 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 EJCDC GENERAL CONDITIONS 19104 (1990 Edition) 18 wl CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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. Coordination: 7.4, If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7A.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; 7.42. the specific matters to be covered by such authority and responsibility will be itemized; and 7A.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 against whore status under the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. 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. of upehasin er ae 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the famishing or performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or famish the Work in accordance with the Contract Documents. ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION 0WNER's Representative: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits 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 GENERAL CONDITIONS 1910-8 (1990 Ediuon) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations. ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINEERS efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEER's on -site visits or observations of CONTRACTOR's Work 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. Project Representative. 9.3. If OWNER and ENGINEER agree, ENGINEER will famish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The 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 GexditieAs of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in the guFP'---- naraganh 9 1 9.3.2. Duties and Responsibilities Representative will 9.3.2.1. Schedules - Review the progress 19 schedule and other schedules prepared by the CONTRACTOR and consult wlth the ENGINEER concerning acaotability 9 3 2 2 Conferences and Meeting - Attend meeting with the CONTRACTOR such as �recur[struction conferences progress meetmes and other job conferences and pre are and circulate copies of minutes of meetings. 9.3.2.3. Liaison 9.3.2.3.1. Serve as ENGINEER'S liaison with CONTRACTOR working principally through CONTRACTOR'S superintendent to assist the CONTRACTOR in understanding the Contract Documents. 9 3 2 3 2 Assist in obtaining from OWNER additional details or information, when required, for Proper execution of the Work. 9.3.2.3.3. Advise the ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample submission if the submission has not been approved by the ENGINEER. 9 3 2 4 Review of Work Reeetion of Defective Work Inspections and Tests - 9.3.2.4.1. Conduct on -site observations of the Work in Progress to assist the ENGINEER in determinine that the Work is Proceeding m accordance with the Contract Documents. 9 3 2 4 3 Accompany visiting jnscectors representing public or other agencies havme jurisdiction over the Project, record the results of these inspections and report to the ENGINEER. 9 3 2 5 IntPmMgation of Contract Documents Report to ENGINEER when clarifications and int_Mmetations of the Contract Documents are needed and transmit to CONTRACTOR clarification and interoretation of the Contract Documents as issued by the ENGINEER 9.3.2.6. Modifications. Consider and evaluate CONTRACTOR'S suggestions for EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition) 20 w/ Crry OF FORT COLLINS MODIFICATIONS (REV 4/2000) modification in Dmwmgs or Specifications and ewort these recommendations to ENGINEER. A=tmly [raa t to CONTRACTOR decisions issued by the ENGINEER 9.3.2.7. Records. 9.3.2.7.3. Record [tames. addresses and telephone numbers of all CONTRACTORS. subcontractors and maior sutmliers of equipment and materials. 9.3.2.8. Reports. 9 3 2 8 1 Furnish ENGINEER Periodic M +s as reaujred. of the progress of the Work and of the CONTRACTOR'S compliance with the Progress schedule and schedule of shop Dniwine and sample submittals. 9.3.2.8.2. Consult with ENGINEER in advance of scheduling major tests. inspections or start of jmportant Phases of the Work. 9 3 2 8 3 Draft Proposed Chance Orders and Work Directive Changes, obtaining backup material from the CONTRACTOR and recommend to ENGINEER Change OrdersWork Directive Changes and field orders. 9 3 2 8 4 Report immediately to ENGINEER and OWNER the occurrence of any accident. 9 3 2 9 Payment Requests Review applications for payment with CONTRACTOR for compliance with the established procedure for thejr submission and forward with recommendation to ENGINEER- noting particularlv the relationship of the payment requested to the schedule of values work completed and materials and equipment delivered at the site but not incorporated in the Work. 9.3.2.10. Completion 9.3.2.10.1. Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring correction or completion 9.3.2.10.2. Conduct final inspection in the company of the ENGINEER OWNER and CONTRACTOR and prepare a final list of items to be corrected or completed 9.3.2.10.3. Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concerning acceptance 9.3.3. Limitation of Authority: The Representative shall not: 9.3.3.1. Authorize any deviations from the Contract Documents or accept any substitute materials or equipment unless authorized by the ENGINEER. 9.3.3.2. Exceed limitations of ENGINEER'S authority as set forth in the Contract Documents. 9.3.3.3. Undertake any of the responsibilities of the CONTRACTOR Subcontractors or CONTRACTOR'S superintendent 9.3.3.4. Advise on or issue directions relative to, or assume control over any aspect of the means, methods techniques sequences or procedures for construction unless such is specifically called for in the Contract Documents 9.3.3.5. Advise on or issue directions regarding or assume control over safety precautions and programs in connections with the Work. 9 3.3 6 Accept Shoo Drawings or sample submittals from anyone other than the CONTRACTOR. 9.3.3.7. Authorize OWNER to occupy the Work in whole or in pan 9.3.3 8 Participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by the ENGINEER. Clarifications and Interpretations. 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) 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 Times and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I 1 or Article 12. Authorized Variations in Work. 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the patties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may snake a written claim therefor as provided in Article 1 I or 12. Rejecting Defective 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 integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection 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 preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from ENGTNEER'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. Decisions 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 claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or 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 thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of 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 E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) 22 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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-persneat to AFtiele-F6. 9.13. Limitations on ENGINEER's Authority and Responsibilities: 9.13.1. Neither ENGTNEER'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 CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered ,by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants. ARTICLE 10—CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article I 1 or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Tunes 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 paragraph 6.23 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 paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties; 10.4.2. changes in the Contract Price or Contract Times which 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 paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but daring any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CRY OF FORT COLLINS MODIFICATIONS (REV 412000) (including, but not limited to, Contract Price or Contract Times) is required by the provisions of anv Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11—CHANGE OF CONTRACT PRICE I1.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless 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); 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR'S fee for overhead and profit (determined as provided in paragraph 11.6). Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily 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 and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the site. Payroll costs for employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall 4*kK6;knt-aet 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 axd-retvement benefitsrberwses, applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment Furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to 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, EICDC GENERAL CONDITIONS 1910-5 (1990 Edition) 24 wl CrFY OF FORT COLLINS MODIFICATIONS (REV 412000) CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted if any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs ILA, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11 A,5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. IIA.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof —all in accordance with terms of said rental agreements. The rental of any such egpipment, 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 may be 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 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be 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. 7/96 Section 00100 Page 5 performance and furnishing 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 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. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated 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, Ion 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 branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4—all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTORS principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTORS 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 Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 115.6, Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 1 L6. The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs I I A.1 and I I A.2, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a f the ___t t_.. __ 1:_ to be neeotiated in good faith with the OWNER but not to exceed five percent of the amount paid to the next lower tier Subcontractor. 11.6.2.4. no fee shall be payable on 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 which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR' 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 11 A and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.9.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work: 11.9.1. Where the Contract Documents provide that all or 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.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; EJCDC GENERAL CONDITIONS 1910-5 (1990 Edition) 26 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional 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 3 4 CONTRACTOR acknowledges that the OWNER has the rieht to add or delete items in the Bid or change quantities at OWNER'S sole discretion without affecting the Contract Price of any remaining item so long as the deletion or addition does not exceed twenty-five Percent of the original 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 adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with Paragraph 9.1 l if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 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 trade 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 be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties including, but not limited to, foes, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice 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 personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edidm) w/ CRY OF FORT COLLINS MODIFICATIONS (REV 4/2000) below shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Contract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require anv 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 incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing 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 satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract price, and, if the parties are unable to agree as to the amount 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 27 uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. OWNER 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 furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any 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 of Defective Work: 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 (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period: 13.12.1.If within one-yeat two years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and 00 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 terns of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2.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 EICDC GENERAL CONDITIONS 1910-5 (1990 Edition) 28 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 one y two years after such correction or removal and replacement has been satisfactorily completed. Acceptance ofDefeetive Work., 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (arid, 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. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's 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 shall allow OWNER, OWNER'S representatives, agents and employees, OWNER's 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 performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment. 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to Protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. Any funds that are withheld by the OWNER shall not be subject to substitution by the CONTRACTOR with securities or any arraneements involving an escrow or custodianship By executing the application for Payment form the CONTRACTOR expressly waives his right to the benefits of Colorado Revised Statutes Section 24-91-101 et seq. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applicationsfor Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) recommendation of payment and present the Application to OWNER, or,retum 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. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER'S review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or famish 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 E9, OWNER referred to in paragraph 14.5. ENGINEER may also refitse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended to such extent as may be necessary in ENGINEER'S opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set- off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER'S satisfaction the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a 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 EICDC GENERAL CONDITIONS 1910-5 (1990 Edition) 30 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a 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 complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to 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 date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 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 (ii) 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 a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. Final Application far Payment: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRACTOR may make application for final payment following the Procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (it) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and 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 other indebtedness connected with the Work for which OWNER or OWNERSs Property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. Releases or waivers of liens and the consent of the surety to finalize payment are to be submitted on forms confomune to the format of the OWNER'S standard forms bound in the Protect 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 for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to paragraph 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 CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in 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 terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims. 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from 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 OF 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 on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNER May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.3. 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 EJCDC GENERAL CONDITIONS 191"(1990 Edition) 32 w/ CITY OF FORT COLLINS MODIFICATIONS(REV 42000) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the 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 CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrete. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to 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 Stop Work or Terminate: 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 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 thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles 1 I and 12 for an increase in Contract Price or Contract Tines or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A; "Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11 and 9.12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of Time. 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 parry's employees or agents or others for whose acts the other party is legally liable, clans will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.Cumuladve Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Court Costs Included: 17.5. Whenever reference is made to "claims, costs, losses and damages", it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. 17.6. The laws of the State of Colorado amply to this Agreement. Reference to two pertinent Colorado statutes are as follows, 17.6.2. If a claim is filed OWNER is required by law (CRS 38-26-107) to withhold from all mayments to CONTRACTOR sufficient funds to insure the Payment of all claims for labor, materials team hire sustenance.. provisions, provender, or other supplies used or consumed by CONTRACTOR or his 33 FJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 34 wl CITY OF FORT COLLINS MODIFICATIONS (REV 412000) 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 u Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best 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 ^7 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 7/96 Section 00100 Page 6 - (This page left blank intentionally.) E)CDC GENERAL CONDITIONS 1910-8 (1990 Edition) 35 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) EICOC GENERAL CONDITIONS 1910-8 (1990 Edition) 36 µ./ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) EXHIBIT 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 arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the 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. EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in anv 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 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a patty to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the Provision of such subcontract consenting to joinder shall create 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 termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. GC -AI 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). /1:11 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960 Appiication for Payment 6 .. SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: ASPHALT SLURRY SEAL PROJECT; BID No. 5698 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: DATE: Project Manager REVIEWED BY: DATE: Title: APPROVED BY: DATE: Title: APPROVED BY: DATE: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing b .. Section 00950 Page 1 1) Section 00960 Application for Payment Insert pages 1 - 4 C .. O WNBR: GIy d Pea1 CbOna 011ORI M: APPWCATION FOR PAYMMY PROIECTc CONTRACITIR: APPLICATION NIIMBM: APy1JCATLON DATL PURIOD'"llamNMO: PURIOD IWIMU: PROTECTNuumt: PAULIOF4 CIIANOB ORDBRR . AppOeatlm 4 made for Payment m bown below b convection whb Cmmcl NOLRDi DATR AMOUNT The pmm al A" of be k-W W lot "Cmlmel is !a WWI: 1 Ocl3loal CoeteW AmuuoL 3 Net Clmgo by Cbaoje thrice: Ouccd Ooolaad Anomat SD.DD TuW CampWW and &toed m D&W . Isn Pmviom A"Hcitlm+: ' Ameerl Doe tb4 Appilmdm - Bcfoo Rezak W: Sum _ Loa Rebloge: ' Nn CLWWa by C►wa O.dv so,00 AMOUNT DUB TIM APPLICATION: 30_W CMIIPICATION: TM amdmsW" COM1tALvWR eatifwa 6N aR ablgaOma d ODMRACTUR focurted is e®etdm with IM Woh hors boor odb," as t TA" J. RcapWb 14.3. of M GamA Cmdiku Of the W+mm. TM above Amour Ibm T W AIVHcmlm Is aegacatod by b CDU MCMR. Pgmvt d /m ml a , Amucmt Due Th6 APPIkaDm It aeemmcmkd by 6c BytOMUBJI. Pgmcm of 6e above Amomt Doe Tura APPBCI" bo bees Wkwd by Ibe OWNUR'3 Perfect Mmym. Pgmvd at 6e above Amomt Dee TMa Applimam IeaPpeond by 6e OWNBR. r--) r- I r--t r- l " C-1 I — I r- r-I r---i r--I r-- r--I (--I r--I r--1. r-I t -7 1 1.roice .h.. N.cber Deriipda. STORED MATERIAL SUbMARY - PAOE 4 OR 4 0. u..d Reelerd lwww ll. 112161 Pledo.r - _ " This This lk.. Arok lim Pcrid_ Pend Apli.:.l..l $ulu 311.1.1 Sll.ul pun Soul w.la SII.IMI QI 1.1 SI1.O1 _ 3n,u1 jllla 511.1111 - SQ.IFI 3u,m w.l.l i Al! $0.00 $0.00 w-oo wall requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER 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. 7/96 Section 00100 Page 7 SECTION 01010 SUMMARY OF WORK 1.1 DESCRIPTION OF WORK A. This work shall consist of the placement of Type 11 asphalt slurry seal on residential streets and parking lots at the following locations, as shown in Section 3500, Project Map: Crestmore Area Pioneer Area Parka Facilities: Goldeneye Area Redwing Area Rogers Park Parking Lot Grandview Area Hillcrest Area Martinez Farm Parking Lot 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 hour;, except for emergencies, shall be limited to 7:00 a.m. to 5:00 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). Rick Richter 970-221.6798 Erika Keeton 970-221-6603 F. Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's convenience. General Requirements - 1 C. Minimum agenda shall include: J 1. Review of work progress since last meeting. 2. Identification and discussion of problems affecting progress. J 3. Review of any pending change orders. 4. Revision of Construction Schedule as appropriate. —a D. The Engineer and Contractor shall a to weld quantities at the progress meetings. The weeld quantity agree Y 4 P Bfe &5• Y 4 ry 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 I '3 i 7 J !T J 1 General Requirements - 4 .f 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 preconstmction 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 - 5 1.5 OWNER'S RESPONSE31LITY 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 - 6 SECTION 01330 SURVEY DATA 1.1 SURVEY REQUIREMENTS A. The Owner will provide the construction surveying for the street and landscaping improvements. 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 sunryinE. 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 - 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 - 8 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 ofthe 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: 8 %," 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 pars 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, schedule or room numbers shown in the Contract Documents. f. Deviations from Contract Documents. General Requirements - 9 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: 1. 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 - 10 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. B. 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 ofall 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 standby 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 - 11 a SECTION 01560 TEMPORARY CONTROLS 1.1 NOISE CONTROL ca 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. J 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 salutary 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. „ S 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 - 14 J 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. 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 7/96 Section 00100 Page 8 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 Latimer 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 - 15 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 jobsite, 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 - 16 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 renegotiation. 1.3 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 - 17 SECTION 02000 PROJECT SPECIFICATIONS The Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction", 1999, (hereafter referred to as the "Standard Specifications") are made apart 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 104 Traffic and Parking Control 105 Inspection of Work 105 Maintenance During Construction 108 Limitation of Operation 409 Asphalt Slurry Seal 614 Traffic Control Devices REVISION OF SECTION 104 TRAFFIC AND PARING 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 sealed 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., SLURRY SEAL.) 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 614, Traffic Control Devices" found herein. Project Specifications - Page 1 of 22 NO PARKING WED., JULY 2 7mmOO AM m 6EMOO PM PATCHING Project Specifications - Page 2 of 22 REVISION OF SECTION 105 INSPECTION OF WORK Section 105 of the Standard Specifications is hereby revised as follows: Subsection 105.11 shall include the following: The Contractor shall keep the Engineer informed of his future constriction 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. Project Specifications - Page 3 of 22 REVISION OF SECTION 105 _ MAINTENANCE DURING CONSTRUCTION Section 105 of the Standard Specifications is hereby revised as follows: ^ Subsection 105.14 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 opporbmity, but in no case shall the area be left uncleaned after the completion of the days 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 City 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. Any dislodged material which has migrated to gutters, sidewalks, and driveways shall be removed at this time. Disolodged 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 City. Sweeping, at the five (5) day interval only, shall be paid for hunp sump 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. PAY ITEM UNIT 105.10 Sweeping -All street surfaces after five (5) calendar days Lump Sum 105.20 Sweeping - All parking lot surfaces after five (5) calendar days Lump Sum _ project Specifications - Page 4 of 22 REVISION OF SECTION 108 LEWTATION OF OPERATION Section 108 of the Standard Specifications is hereby revised as follows: Subsection 108.04 shall include the following: The work shall be completed within the following calendar months: It is the intent of this project to be completed within sixteen (16) consecutive working days after work commences. Delays and extensions of time are described in the General Conditions. Project Specifications - Page 5 of 22 REVISION OF SECTION 409 ASPBALT SLURRY SEAL Section 409 of the Standard Specifications is hereby revised as follows DESCRIPTION 409.01 The bituminous slurry surface shall consist of properly proportioned and mixed mineral aggregate, asphalt emulsion, rtio the mixed and uniformly spread on the properly prepared surface of the streets water, and specific additives proportioned, have a homogeneous appearance, as specified herein and as directed by the Engineer. The slurry, when cured, shall — fill all cracks, adhere firmly to the adjacent surface, and have dad resistant text= - MATERIALS 409.02 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 Emulsifiedut Asphalt), except that the residual asphalt having a penetration of 40 - 90 shall constitute at least 60 Perce emulsion by weight, and that the Saybolt Furol Viscosity of the ena"on at 77- F (25° C) shall not exceed 50 seconds. Slow setting emulsions may not be used. CQS-lHL shall be an emulsified blend of asphalt, water, and styrene-butadiene robber (SBR) latex and emulsifiers. The emulsion shall be pumpab le 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 (21/6) by weight of SBR J polymer solids based on weight of residual asphalt. The polymer shall be added as SBR latex by high shear mixing by co -milling or post -milling. ^ with a certificate of analysis/compliance and submitted to the Each load of emulsified asphalt shall be accompanied Engineer to assure that it is the same as that used in the mix design. 409.03 Aggregate '— The mineral aggregate shall consist of natural or manuf icnrred sand,slag, crusher fines, and others, or a combination thereof and be gray in color. The aggregate shall be 100% crushed. Srnooth-texntred 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 inea accordance ve with AASHTO T176 or ASTM A2419 (Sand Equivalent Value of Sods and Fine Aggregates), the TM C88 (Soundnessa a sand equivalent of not less than 65. When tested according to AASHTO 1raTll w a to not more than 15% Aggregates by Use of Sodium Sulfate or Magnesium Sulfate), the aggregate using NArSO,, or 25% using MgSO,. When tested according to AASHTO he aggregate or ASTMS ssh�ow(Resistancealosot — Abrasion of Small Size Coarse Aggregate by Use of the Los Angeles Machine), the more than 20%. Mineral fillers such as Portland cement limestone dust, time, 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 quie me> AASHTOn the unit rice of M17 or the D24 (Mineral Filleslurry seal and shall not be r for for tus Paving shall meet the gradationrequirements Mixtures). Mineral fillers shall be used for one or more of the following reasons only: Project Specifications - page 6 of 22 SECTION 00300 Ryffoloyell.01 REVISION OF SECTION 409 ASPHALT SLURRY SEAL 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): 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. 409.04 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 fast 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 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. Project Specifications - Page 7 of 22 REVISION OF SECTION 409 ASPHALT SLURRY SEAL 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 409.05 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. 409.06 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. ;T���)1!iifP�iSL Slurry Seal Consistency " `> `?�C►b ISSA T106 `" "SPEGIFICi>N ' .,. , 2 - 3 cm Excess Asphalt ISSA T109 50 g/ftr max (538 g/m' 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 pay Soak Loss ASTM D3910 50 g/ft= max (538 g/mr max) 75 : max (807 mZ max) * Mixing tests must pass at the maximum expected air temperature. *+ Using specific job aggregate and emulsion content. 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. Project Specifications - Page 8 of 22 REVISION OF SECTION 409 ASPHALT SLURRY SEAL 409.07 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. 409.08 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. 409.09 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 409.10 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 (16° C) or below and falling. While puddles of water remain on the surface to be coated. The Contractor is responsible for repairing or replacing any surfaces damaged by weather. 409.11 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 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. A chute or other suitable mechanical device shall control discharge from the pugmill. 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 flow 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 Project Specifications - Page 9 of 22 REVISION OF SECTION 409 ASPHALT SLURRY SEAL 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 (0.25 Um2), — 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 Engincer'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 that 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. Arry 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. 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 reapplication 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 robber -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 Project Specifications - Page 10 of 22 REVISION OF SECTION 409 ASPHALT SLURRY SEAL 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 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 (washboarding) 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. Awdliary 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. 409.12 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 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. Project Specifications - Page 11 of 22 REVISION OF SECTION 409 ASPHALT SLURRY SEAL 409.13 Composition and Rate of Application of the Slurry Mix 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 a 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 miming - 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 unfit area shall be 18 lbslsy. 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. 409.14 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 carved in all pars 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 Owners representative is insured that to -' 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 Contractors expense. 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 project Specifications - Page 12 of 22 REVISION OF SECTION 409 ASPHALT SLURRY SEAL 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. S. Lines Care shall be taken to ensure straight lines along curbs, shoulders and joints. No nmoff 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, culde•scacs 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. 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 Project Specifications - Page 13 of 22 REVISION OF SECTION 409 ASPHALT SLURRY SEAL 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. lo. 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 J 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. Disolodged 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 "Revisionof Section 105; Maintenance During Construction". Excessive raveling, as determined by the Engineer, shall be swept by the Contractor at no additional cost to the City. 409.15 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. J 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 ran 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 -7 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 22 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 409.16 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 Engineers 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 nm sheets. The Contractor is encouraged to also check quantities with ran 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. Project Specifications - Page 15 of 22 REVISION OF SECTION 409 ASPHALT SLURRY SEAL BASIS OF PAYMENT 409.17 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 for 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. Payment will be made under: PAY ITEM PAY UNIT 409.01 Type R Slurry Seal - All Street Locations Square Yard 409.02 Type 11 Slurry Seal - Parking Lots Square Yard Project Specifications - Page 16 of 22 SECTION 00300 BID FORM PROJECT: ASPHALT SLURRY SEAL PROJECT; BID NO. 5698 Place Fort Collins, CO Date April 1. In compliance with your Invitation to Bid dated April 1, 2002 and subject to all conditions thereof, he undersigned INTERMOUNTAIN SLURRY SEAL INC. 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 Five Percent: (5.%) of the Total Amount of the Bid (� - - - - - - -- - - - - - - -) in accordance with the Invitation To Bid and Instructions to Bidders. 9. 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 sppe�cified performance and payment bonds is as follows: FEDERAL INSURANCE COMYANY±Z Mtn View Rd, Warren, -NJ 07059 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. � through 7/96 Section 00300 Page 1 REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES Section 614 of the Standard Specifications is hereby revised as follows: Subsection 614.15 shall be revised as follows: This work shall consist of furnishing, installing, moving maintaining and removing temporary traffic signs, advance warning arrows panels, barricades, chaanelizing 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", June 1989 with Revisions dated May 29, 1991, and the City of Fort Collins' "Design Criteria and Standards for Streets, Subsection 1.4, "Barricades, Warning Signs, Signal Lights", July, 1986. In the event of a conflict between the MUTCD criteria and the City's criteria, the Citys 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. Payment shall be made for the maximum number of each type of traffic control device being used at one given time per day. Traffic control devices shall be placed and/or stored in the City right-of-way in such a manner that minimizes the hazards to pedestrians, bicyclists and vehicles. Traffic control devices shall be removed from the from the site immediately upon completion of the work for any street(s). Subsection 614.16 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. Subsection 614.20 shall be revised as follows: 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 shall be on City supplied forms. The Traffic Control Plans shall be submitted for approval to the Engineer by 12:00 noon, 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 9:00 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 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. Project Specifications - Page 17 of 22 REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES (Continued) 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 1, Type II, and Type III 1 barricades; cones; drum channelizing devices; advance warning Bashing or sequencing arrow panel. Certain traffic control devices may be used for more than one operation or phase. However, all devices required for any particular phase must be detailed and tabulated for each phase. (3) Number of naggers 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 shall be submitted and approved which show the location and quantity of NO on PARKING" signs, the date to be placed, and the date to be removed. The plans shall be prepared City -- supplied forms. The Parking Restriction Plans shall be submitted to the Engineer by 12:00 noon, 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 9:00 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. Subsection 614.21 shall be revised as follows: Traffic Control Management shall be performed by a Traffic Control Supervisor (TCS). The TCS(s) shall possess a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic —, Control Supervisor or Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor. (Proof of certification shall be presented to the City Traffic Control Manager, and when requested by a City representative, for each TCS utilized on this project.) -� One TCS shall be designated as the Head TCS. The Head TCS shall have a minimum of one year experience as a certified TCS. The Head TCS shall be on site at all times during the construction. Qualifications shall be submitted to the Engineer for approval a minimum of one week prior to commencement tithe work. 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: Project Specifications - Page 18 of 22 REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES (Continued) (1) Preparing, revising and submitting Traffic Control Plans as required. (2) Direct supervision of project flaggers. (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 City'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 criteria for distributing letters is the same as for posting "NO PARKING" signs.) The cost for preparing and distributing the letters 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 his 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. 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, and maintaining 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. Project Specifications - Page 19 of 22 REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES (Continued) Subsection 614.23 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" signs 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 V 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 J 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. The cost for setting up equipment, modifying equipment, and maintaining equipment (not including "NO PARKING" Sign with Stand) during authorized days shall be included in the Contract Unit Price for Traffic Control Supervisor per day. 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 TCS per day rate is based on a ten (10+) hour 1 day. 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. J 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 Project Specifications - Page 20 of 22 REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES (Continued) paid for under the terns 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. Subsection 614.24 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 furnishirtg, 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 accepted quantities will be paid for at the contract unit price for each of the pay items listed below: Pay Ite°i Unit 614.01 "NO PARKING" Sign with Stand Per Day Per Each 614.02 Vertical Panel Without Light Per Day Per Each 614.03 Type I Barricade Without Light Per Day Per Each 614.04 Type II Barricade Without Light Per Day Per Each 614.05 Type III Barricade Without Light Per Day Per Each 614.06 Size A Sign With Stand Per Day Per Each 614.07 Size B Sign With Stand Per Day Per Each 614.08 Size A Specialty Sign - Cost of manufacturing Each 614.09 Size B Specialty Sign - Cost of manufacturing Each 614.10 Cone With Reflective Strip Per Day Per Each 614.11 Safety Fence Per Day Per Roll 614.12 Light - Steady Burn Per Day Per Each 614.13 Light - Flashing Per Day Per Each Project Specifications - Page 21 of 22 REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES (Continued) 614.14 Advance Warning Flashing or Sequencing Arrow Panel Per Unit Per Day 614.15 Traffic Control Supervisor Per Day 614.16 Traffic Control Supervisor Per Hour 614.17 Flagging Per Each Per Hour d for under he The initial manufacturing will be paid for Specialty Signs per unit and the actual use Pat t appropriate unit cost for Size A or Size B sign. This item shall apply to new signs only. Once n they may be used throughout the project. Upon completion of the work, the Specialty Signs shall be returned to the Contractor. Flagger hand signs will not be measured and paid for separately, but shall be included in the work. The fiaggers 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 MUTCD, if approved; however, payment will be made for the typical panel size. The City shall not be responsible for any losses or damage due to theft or vandalism. SPECIAL CONDITIONS FOR WORK ON ARTERIALS AND COLLECTORS NOTE: CROSS STREETTRAFFICSHALLBEMAINTAINEDATALLT v ESUNLESSAUTHORUEDBYTHE ENGINEER IN WRITING. OVE, WILL NOTE: BEAA LOWED SUNDER EXTREME CIRCUMSTANCES AND ONLAND COLLECTORS, INCLUDINGY HUPON LISTED APPROVBAL OF THEENGINEEK PLANS SHALL ~ BE APPROVED A NUNMUM OF ONE WEEK PRIOR COMMENCEMENT OF WO AND/OR 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 22 of 22 _ SECTION 02500 QUANTITY ESTIMATE This work shall consist of placement of Type H asphalt slurry seal on designated streets and parking lots in the City of Fort Collins. Specific locations are described herein. Locations not listed in this section will be added by Change Order as they arise. All quantities stipulated in the Bid Schedule 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. 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. SECTION 025M QUANTITY ESTIMATE 1u err +._ � ; r.'w. < � _.. �a-:y, N: a •„^.r;, Crestmore Place City Park Avenue " ... S. Bryan Avenue y 3 Y 1336 �}- o-I Lakeside Avenue Sheldon Drive W. Mulberry Street 37 531 2193 S. Bryan Avenue W. Mulberry Street South End 30 1369 4560 Sheldon Drive Crestmore Place W. Mulberry Street 33 800 2933 Westmew Avenue Sheldon Drive West End 37 636 2615 Westview Avenue S. Bryan Avenue East End 37 302 1242 1917 3 rDIDI CfEYE �' Goldeneye Drive Troutman Parkway Warbler Drive 37 1404 5772 Guillemont Street Widgeon Street Warbler Drive 34 466 1760 Thrasher Street Widgeon Street Warbler Drive 34 443 1674 Widgeon Street Goldeneye Drive Troutman Parkway 34 744 2811 12017 Fishback Avenue Laporte Avenue W. Mountain Avenue 38 640 2702 Grandview Avenue Laporte Avenue W. Mountain Avenue 38 649 2740 N. Brvan Avenue Laporte Avenue W. Mountain Avenue 31 663 2284 Richards Place N. Bryan Avenue Fishback Avenue 29 397 1279 9005 .... 4"S Applewood Road Montview Road Taft Hill Road 38 353 1490 Briarwood Road Montview Road South End 38 1859 7949 Clearview Avenue Ponderosa Drive S. Taft Hill Road 38 1579 6667 Montview, Road S. Hillcrest Drive Clearview Avenue 38 1264 5337 S. Hillcrest Drive W. Lake Street W. Elizabeth Street 38 2030 8571 Springfield Court Springfield Drive North End 72 182 1456 Springfield Drive Village Lane S. Taft Hill Road 38 858 3623 Village Lane North End South End 38 875 3694 W. Lake Street Ponderosa Drive S. Taft Hill Road 38 1410 5953 ilIONESR m _. 's,.,.55rsy .� ,:'.z a,•",,,illy9ilY-"Tar N.,°,. 44641 Armstrong Avenue ._. Pioneer Avenue W. Laurel Street 36 495 1980 Del Norte Place W. Laurel Street Monte Vista Avenue 32 521 1852 Mantz Place S. Shields Street Monte Vista Avenue 32 340 1209 Monte Vista Avenue Sunset Avenue W. Laurel Street 36 993 3972 Pioneer Avenue W. Mulberry Street S. Washington Avenue 36 1129 4516 Sunset Avenue S. Shields Street Pioneer Avenue 36 578 2312 .... .... 15941 Avocet Road Meadowlark Avenue Eagle Drive 37 1462 6010 Bluejay Street Eagle Drive Ringneck Drive 37 269 1106 Eagle Drive W. Swallow Road Meadowlark Avenue 37 1640 6742 Flicker Drive Avocet Road Redwing Road 37 943 3466 Junco Court Eagle Drive West End 37 210 863 Killdeer Drive Avocet Road Ringneck Drive 37 640 2631 Redwing Road Ringneck Drive Drake Road 37 1924 7499 Ringnmk Drive W. Swallow Road Flicker Drive 37 1614 6635 34953 WTRMTMAL.•` Rogers Perk Parking Lot 3398 Martinez Farm Parking Lot 3620 325/02 SECTION 03500 PROJECT MAPS Crestmore Area Goldeneye Area Grandview Area Hilicrest Area Pioneer Area Redwing Area Parks: Rogers Park Parking Lot Martinez Farm Parking Lot No Text INTERMOUNTAIN SLURRY SEAL, INC. CONTRACTOR BY:r/.a Kathleen Kenan, Secretary f ADDRESS: P.O. BOX 50085 / 585 W. Beach Street Watsonville, CA 95077-5085 8. BID SCHEDULE (Base Bid) { Please use the attached Bid Schedule when submitting your bid. ) 9. PRICES -j 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. i RESPECTFULLY SUBMITTED: April 24, 2002 {P} Signature Kathleen Kenan, Secretary Date Title i Licens Number (If Applicable) (Seal - if B'fl i poration) Attest:' avid S nton, Assistant Secretary Address P.O. BOX 50085 / 585 W. Beach St. Watsonville, CA 95077-5085 j r Telephone (831) 724-1011 ' 7/96 Section 00300 Page 2 No Text Pd ton B0 Av . N 0 F s We I Dr. Redwing AWinches r Dr. a' Jir rbin oo -M Thunderbird . G Powerho Dr. '8 z Dr. W. 2 Nlen onwhe a a a Mk r w o Ro Sty Mount air) Wayr W. Harvard S. h St• J ° 3 N' hthawk Dr. F0 Frontl 1 ar 1 Units o_ g CL Juncos w Ct. V w R E U W. Swallow Rd. E. St Cir. m Bobolink Robin Iin Nez Percy € pie — i D Worthi on < p` CL Ct. 78 it Cardinal in c SIN r �a CL ej ll Is E. Fo os. t 8 y J in w m a L) �['•lss._ f Eagle Dr. . Se reason to 0� G, i ri Fa Jusdce Dr. W. Monroe EPa. Mereon �' Ot• w Ave. CL on Dr. Rich m� �_ `o a' rc C T >i 13 o Ct. o W. Horsetooth Rd O� Ave. Arbor vi r] Bonita t w a Ave. a�ado 3w Cr er E le e w Walden Wa Dr. Ca Dennison 0 Ct Q C U Ave. 10 DenMso ✓d.,. Bockman Dr. e' 4 1 on Col �rd g s� rj m lie, L, Boardwalk rNnble Dr. Cz N `o Berdhaven Q m �Di ejOn w r, x vgi . Butte Pass Dr Stadin St. 0 3 m B w N fi m$ Great Maim Ct. vi o 0 ° ur ix n o 0 D o yo •n Tr rkw vi Qom' a3 e 5 n ~ N Tro ul man a ° q M€ 3 D % j` oldeneye 8 71 mrehng Bjjek a s w N Daer Cr ey .yp hale Mtn. ' e Stone- m.4 a'�G" g Dr. r 3 .E �L CL r .� Ln. -- . E ! w mt$ CtP old x Pavilion Ln. ppwRed+� Y n a No Text 00330 BIDSCREDHLE City of Foil Collins 2002 Asphalt Slurry Sal Project Item No. Dnedption unk Cadrod Qmnft FAd mhd Cad UWt Cod Tad Pro Cad 105.10 Sweeping - All Streets (Day S LS 1 S D S 0 105.20 Sw - Puking Lots (Day 50n1 is 1 $ e12 tv. O $ 409.01 Type II Asphalt Slurry Seal - All Street Locations SY 135630 $ /. / $ .O 409.02 Type H Asphalt Slurry Seal - Parking Lots SY 7018 $ /,/S S 614.01 "No Parking" Sign With Stand Per Day Par Each 2000 $ Q, c' S $ 614.02 vertical Panel Without light Per Day Per Each 25 $ ,S ,, $ 614.03 Type I Barricade Without Light Par Day Par Each 25 a $ ( , 614.04 Type H Barricade Without Light Per Day Par Each 25 $ IV, $ 614.05 Type Ill Barricade Without Light Per Day Per Each 100 $ a $ Q 614.06 Size A Sign With Stand Per Day Par Each 200 $ Q $ yov ,&9 614.07 Size B Sign With Stand Per Day Per Each 75 $ , DQ S IS , 00 614.08 Size A Specialty Sign- Cost of Manufacturing Each 5 $ , Q $ Q,QQ 614.09 Size B Specialty Sign - Cost of Manufacturing Each 5 S Q S 614.10 Cone With Reflective Strip Per Day Per Each 2000 S S 00. 614.11 Safety Fence Per Day Per Roll 25 $ . Q $ p 614.12 light - Steady Burn Per Day Par Each 25 $ $ 614.13 Light - Flashing Per Day Per Each 25 a &71 a S 614.14 PAdvance Warning Fleshing - or Sequencing Arrow anel Per Day Per Each 5 $ S 614.15 Traffic Control Supervisor Per Day 20 $ .Dt7 S 614.16 Traffic Control Supervise Per Hour 25 a a 614.17 Flagging Per Hour 1500 S p TOTAL COST I I $ company INTERMOUNTAIN SLURRY SEAL, INC. Six Dollars OD/RDollars am cmta. P.O. BOX 50085 / 585 W. Beach St. Watsonville, CA 95077-5085 I- Pax: (831) 724-1011 / (831) 768-4021 chock one. I dmdual Doing Business in Company Name gg Corponiuoo partnership a Page 1 of 1 0 t- r 7/96 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410Bid Bond 00420Statement of Bidder's Qualifications 00430 Schedule of Subcontractors Section 00410 Page 1 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 - 00960-2 SPECIFICATIONS SECTION 00410 KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned INTERMOUNTAIN SLURRY SEAL, INC. as Principal, and FEDERAL INSURANCE COMPANY as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of I Five Percent (5%)*for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. * of the Total Amount of the Bid 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, ASPHALT SLURRY SEAL PROJECT; BID NO. 5698. 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. 7/96 Section 00410 Page 2 _IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this 19th day of April , 20 04 and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL SURETY Name: INTERMOUNTAIN SLURRY SEAL, INC. FEDERAL INSURANCE COMPANY Address: E.Q. BOX 50085 Title: Kathleen Kenan, Secretary ATTEST: By: u Da d J. B u on, Assistant ecretary (SEAL) 7/96 View Rd Warren J 07059 By: Title: Lisa rauge, torney-in-Fact (SEAL) Section 00410 Page 3 STATE OF CALIFORNIA COUNTY OF Santa Cruz } On April 19, 2002 before me, the undersigned notary public, personally appeared Lisa Sprauge ® personally known to me OR ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signat4re of Notary Z007, 9l Aeyy sandq wwo� kN ,iwnoa znao virays .� =, Haaaoii�+� �nendAavior� � 55L£8TT#'INK N0ll(1H ' (113N) i- L POWER Federal Insurance Company Attn.: Surety Department CChubb Sure OF Vigilant Insurance Company 15 Mountain View Road ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Kathleen Kenan, R. C. Allbritton, Lisa Sprauge and Jigisha Desai of Watsonville, California-------- each as their true and lawful Attorney -in -Fad to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations on behalf of Granite Construction Incorporated and all Subsidiaries alone or in Joint Venture --------------------------------------------- in connection with bids, proposals or contracts to or with the United States of America, any State or political subdivision thereof or any person, firm or corporation. And the execution of such bond or obligation by such Altomey-in Fact in the Company's name and on its behalf as surety thern or otherwise, under its corporate seal, In pursuance of the authority hereby conferred shall, upon delivery tberof, be valid and binding upon the Company. In WKness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this ]]th day of January, 2002 / L : n I I s E 7 9 Sheryl B. Roberts, Assistant Secretary - e� Frlrk E. Robertson, Vi f President STATE OF NEW JERSEY l County of Somerset J On this 17 th day of January , 2002 .before me, a Notary Public of New Jersey, personally erne Sheryl B. Roberts, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Aeomay, and the said Sheryl B. Roberts being by me duty sworn, did depose and say that ant is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Paver of Attorney are such corporate seals and were thereto affixed by authority of the By -Lave of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority, and that she is acquainted with Frank E. Robertson, and knows him to be Vice President of said Companies; and that the signature of Frank E. Robertson, subscribed to said Power of Attorney is in the genuine handwriting of Frank E. Robertson, and We subscribed by authority of said By -Laws and in deponerd's presence. Notana15ea6 MICHELE R. NIcttL�w +i+ Notary Public State of Nov ibroe; No 222J941 T\ 41C Comml6Siob Expires Sepi 2.1. LDu4t/1 ofary Public =�✓ CERTIFICATION Extract from the By -Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I, Sheryl B. Roberts, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (i) the foregoing extract of the By -Laws of the Companies is true and correct, (it) the Companies are duty licensed and authorized to Instead surety business in all 50 of the United States of America and the District of Columbia and are atsttorlmd by the U. S. Treasury Deparbrtenh further, Federal and Vigtazht are licensed in Puerto Rico and the U. S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and elect. Given under my hand and seals of said Companies at Warren, NJ this 19 th day of April 2002 *(Do ��fuWpF�Coe SEW Ward'+ She rryl B. Roberts, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety@chubb.com 15104154stEd 240) OORP CONSENT 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: INTERMOUNTAIN SLURRY SEAL, INC. 2. Permanent main office address: 585 W. Beach St., Watsonville, CA 95076 3. When organized: April 23, 1982 4. If a corporation, where incorporated: Wyoming 5. How many years have you been eng�fa� ed in the contracting business under your i present firm or trade name? L-1244:Zetlr -� 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) See attached Incomplete Major Contracts 7. General chafacter of Work performed by your company: ;7Ae/1I alzze _Aslzlali/LIt 8. Have you ever failed to complete any Work awarded to you? No _ If so, where and why? 9. Have your ever defaulted on a contract? No If so, where and why? i 10. Are you debarred by any government agency? No 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. see attached Projects Competed 1997 - 2001 _1 I 12. List your major equipmen�tq available for this contract. / 3 �CM( rLS�ori ///AC//i11 1W d a/K i-d/e/ f Ql//OMCN% 13. Experience in construction Work similar in importance to this project: Llent// i — ip A acti.(/ T h i 14. Background and experience of the principal members of your organization, including officers: 15. Credit available: $ ,q iXcur p� SD in!/1®n ,f%F14.1 16. Bank reference: ¢of yer/ram �Of�cx ?%ODD t< F i. 9S`/3% 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? 18. Are you licensed as a General CONTRACTOR? lei J -If yes, in what city, county and state? G?LA, zd AIr/NA1 61 /h What class, license and numbers? =i 19. Do you anticipate subcontracting Work under this Contract? NO If yes, what percent of total contract? and to whom? 20. Are any lawsuits pending against you or your firm at this time? If 414) yes, DETAIL P 7i96 Section 00420 Page 2 INTERMOUNATIN SLURRY SEAL, INC. INCOMPLETE MAJOR CONTRACTS (In Thousands) Decemper 3l, zuul Contract Percent Backlog Complete Job aY - Job Name Amount Complete AmoypS DA12 Agency)Owner State 161100 1-80 Truckee to Fkxiston 263 93% 19 Detr02 Granite Construction Company CA 162007 Salinas Street Rehab Phase II 7,815 99% 32 Jun-02 City of Salinas CA 162009 City of San Leandro 429 3% 419 Nov-01 San Leandro, City of CA 162010 Granite - Monterey County 875 54% 398 Oct-02 Granite Construction Company CA 160020 N of SH52 to N of SH66-COLO 838 96% 34 Deo-02 Colorado Dept. of Transportation CO 160023 City of Albuquergue 2,373 98% 37 NOV-02 Albuquerque, City of NM 160025 Echo to Castle Rock 800 - 800 Deo02 Granite Construction Company LIT 160030 1-70 Crescent Jet 475 - 475 Aug-02 Staker Paving UT 160031 Clark County Micro 2001 978 93% 71 Deo-01 Clark, County of NV TOTAL INCOMPLETE MAJOR CONTRACTS $ 14,846 $ 2,285 Contracts with estimated final revenue in excess of $100,000 and backlog in excess of $10,000. INTERMOUNTAIN SLURRY SEAL, INC. PROJECTS COMPLETED IN 2001 (EXCLUDES JOINT VENTURES) RE r:w 161001 2000 WC Slurry Seal $ 1,186,581 Reno, NV Washoe County Public Work 162008 San Mateo 6 - Cape Seal 519,518 Redwood City, CA County of San Mateo 120069 Seal Coat - Was&UT CoSP9999(520) 486,972 Salt Lake City, UT UT Dept. of Transportation 160005 Salt Lake County 2000 Slurry 496,472 Salt Lake County, UT County of Salt Lake 160007 SR-36, 73, 65, 32 & 1-80 1,085,337 Salt Lake City, UT UT Dept. of Transportation 160008 Muddy Pass -East STA-0402-060 749,811 Denver, CO CO Dept. of Transportation 160009 Rejuvenation Various Location 1,308,878 Salt Lake City, UT UT Dept. of Transportation 160014 Sandy City 2001 Slurry Seal 587,586 Sandy City, UT Sandy City 160017 Region II Slurry Seal 2001 486,552 Region 11, UT UT Dept. of Transportation 160022 1-70 Sevier Co. & SR89 Piute County 775,967 Piute County, UT UT Dept. of Transportation 160026 Salt Lake Cnty 2001 Slurry Seal 505,732 Salt Lake County, UT County of Salt Lake 160028 1-70 Ghost Rocks -Spotted Wolf 480,078 Ferron, UT UT Dept. of Transportation 161101 Street and Road Repair 461,435 Truckee, CA Town of Truckee Various 2,440,373 Total $ 11,571,292 Updated: 02/28/02 Printed 4/11/02 1:29 PM N:XPreg101-sy/Prpmstol/Completed job/COMPLISS-BRC.As/compl job 01 INTERMOUNTAIN SLURRY SEAL, INC. PROJECTS COMPLETED IN 2000 (EXCLUDES JOINT VENTURES) .. .. .. . . ....... . . NatNattx dfw 1* . ..... .... .. .......... . ....... ... ......... .. . ...... . ... .. .... F0 120057 98/99 Henderson City Slurry Seal 806,973 Henderson, NV City of Henderson 120064 Various Location -Asphalt Rejuvenation 1,000,448 Salt Lake, Davis, Summit & Tooele Crity. UT Dept. of Transportation 120068 Seal Coat Reg 2 1,547,861 Salt Lake & Tooele Counties, LIT UT Dept. of Transportation 120070 US Hwy 30 Slurry Seal 687,538 Bear Lake County, ID ID Dept. of Transportation 120071 1-84 Slurry Seal - Snake River Brdg. 498,771 Cassia County, ID ID Dept. of Transportation 162002 Placer Co. Slurry Seal 2000 693,468 Placer County, CA County of Placer 160002 1999-2000 Slurry Seal 476,864 Sandy City, LIT Sandy City Corporation 160006 2000 Slurry Seal 435,743 Cheyenne City, WY City of Cheyenne 1 00 Henderson City Slurry Seal 427,312 Henderson, NV City of Henderson 160011 Various Locations - Seal Coat 855,707 Utah & Wasatch Counties, LIT LIT Dept. of Transportation 160012 1 Various Locations - Asphalt Rejuv. 526,458 Utah County, LIT LIT Dept. of Transportation 1600101 1-70 Westbound - Slurry Seal 744,588 Emery County, UT LIT Dept. of Transportation Various 3,397,656 Total $ 12,099,387 4/11/02 N:XPreql01-sy/Prqmst011Complated i0bfC0MPUSS-BRC.x1s1wmp1 job 00 INTERMOUNTAIN SLURRY SEAL, INC. PROJECTS COMPLETED IN 1999 (EXCLUDES JOINT VENTURES) anroz N:XPiegl0"yiPrgmst07/Completed ob/CCMPLISS-BRC.xls/o pl job 99 SECTION 00020 INVITATION TO BID INTERMOUNTAIN SLURRY SEAL, INC. PROJECTS COMPLETED IN 1998 (EXCLUDES JOINT VENTURES) 110671 Maple Creek Bridge $ 612,910 Cedar City, UT UT Dept. of Transportation 110673 Short Creek -Fredonia Hwy -Overlay 3,907,132 Colorado City, AZ AZ Dept. of Transportation 110682 Washington County Jail -Site Prep. 540,748 Washington County, UT Sahara Construction 110683 Bowler Elementary -Site Prep. 569,044 Mesquite, NV Carson Construction 110684 SR-9 & Sr-89 - Overlay/Chip Seal 648,171 Kane County, UT UT Dept. of Transportation 110685 Bloomington Hills Comm. Park -Site Prep. 279,319 St. George, UT City of St. George 110686 Secondary Plant Paving Project 685,816 Clark County, NV Clark County Sanitation District 110687 SR-257 Overlay/Chipseal 1,159,884 Millard County, UT UT Dept. of Transportation 110688 Signature Flight Mtn Facility - Apron Const 743,643 Las Vegas, NV Jaynes Corporation 120031 Pinedale - Skyline Dr. - Sealcoat 220,384 Bridger-Teton National Forest, WY U.S. Forest Service 120032 SR150 Slurry Seal 203,191 Summit County, UT UT Dept. of Transportation 120033 Region 2 Seal Coat 930,674 Salt Lake/Wasatch/Summit Counties, UT UT Dept. of Transportation 120034 Sandy City 98 Slurry Seal 448,671 Sandy, UT Sandy City Corporation 120039 S.L. County Slurry Seal 98 464,317 Midvale, UT Salt Lake County Dept. of Public Works 120042 US-89 Seal Coat 264,974 Cache/Rich Counties, UT UT Dept. of Transportation 120043 SR-191 Slurry Seal & Seal Coat 412,347 San Juan County, UT UT Dept. of Transportation 120045 Rawlins City Slurry 98 244,409 Rawlins, WY City of Rawlins 120046 Eureka County - Slurry Seal 389,639 Eureka County, NV Eureka County Various 1,069,984 Total .Si 1� 7QF 9r7 11 4/tt/02 N:XPregg7-sy/Prymsto7/Completedlob/COMPLISS-BRC.xIs/ pl job 98 INTERMOUNTAIN SLURRY SEAL, INC. PROJECTS COMPLETED IN 1997 (EXCLUDES JOINT VENTURES) 110656 Airport Taxi Lanes $ 284,586 St. George, UT City of St. George 110668 St. George Ford - Base & Pave 126,603 St. George, UT Bud Mahas Construction 110672 1-15 - Overlay 1,073,167 Washington County, UT UT Dept. of Transportation 110674 Red Hawk Golf Course - Subdiv. 1,809,808 Salt Lake City, UT Golf Ventures, Inc. 110679 Dixie High School - Base & Pave 180,081 St. George, UT Herm Hughes Construction 110680 Round Mountain - Site Prep. 658,726 Round Mountain, NV Round Mountain Gold Corporation 120008 Region 3 - Asphalt Rejuvenation 366,505 Wasatch/Juab/Utah Counties, UT UT Dept. of Transportation 120018 Ely Airport - Runway, Taxiway, Aprons 484,993 Ely, NV White Pine County 120020 Salt Lake/Tooele - Rejuvenation 567,251 Salt Lake County, UT UT Dept. of Transportation 120022 Henderson City - Rejuvenation 625,397 Henderson, NV City of Henderson 120023 Castle Dale City - Seal Coat 313,801 Castle Dale, UT Castle Valley Special Services 120024 Salt Lake County 1997 Slurry Seal 360,734 Salt Lake County, UT Salt Lake County 120025 1-15 - Chip Seal 343,602 Washington County, UT UT Dept. of Transportation 120026 SR-8 - Microsurfacing 379,261 Washington County, UT UT Dept. of Transportation 120027 Slurry Seal & Microsurfacing 634,663 Duchesne/Salt Lake/SummiUfooele Cnty, UT UT Dept. of Transportation 120029 SR-191 -Chip Seal 408,973 San Juan County, UT UT Dept. of Transportation Various 2,290,487 Total $ 10.908.638 4/11102 N:XPmgI01-sy/PrgmstD11Comp1eted job/COMPLISS-BRCASJ/ pl job 97 a 21. What are the limits of your,public liability? DETAIL See attached Certificate of Liablity Insurance - for bidding purposes only What company? CNA Insurance Companies 22. What are your company's bonding limitations? No established maximum 23. The undersigned corporation to verification of Qualifications. Dated at Watsonville, CA hereby authorizes and requests any person, firm or furnish any information requested by the OWNER in the recital comprising this Statement of Bidder's this 24th day of April INTERMOUNTAIN SLURRY SEAL, INC. Name o Bidder / Title: Kathleen Kenan, Secretary State of California County of Santa Cruz 2002 Kathleen Kenan being duly sworn deposes and says that he is Secretary of INTEMTOMIN SLURRY SEAL, INC. 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 24th day of A ril 20 02 ce No ar Public JANET D. HUTTON an t D. utton comm.#1183755 Notary Public My commission expires ) r _ 7/96 May 16, 2002 F m NOTARY PUBL'C CALIFORNIA SANTA CRUZ COUNTY My Comm. Expires May 16, 2002 Section 00420 Page 3 ACORD, 'CERTIFICATE OF LIABILITY INSURAIi I & DATE (MM DO YY) 4 PRODUceR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION McSherry t Hudson ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0056172 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 575 Auto Center Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (Watsonville CA 95077 —Phone:831-724-3841 Fax:831-724-7574 INSURERS AFFORDING COVERAGE INSURER A: American Cas CO of Reading, PA INSURER B: Valley Forge Insurance Co. rlr INTERMOUNTAIN SLURRY SEAL, INC INSURER C: 1 P.O. BOX 50085 INSURER D: i_ Watsonville CA 95077 INSURER E: COVERAGES i THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR aaAV DFOTGIU TYC Ia1CI lO.l u,+c Accnnncn nv �u� n.n. ...�.. .. .. .... .. _ __ _.._ _ - - - ---• -- -•,--- .. • • • •- • .....,�., ..w..n,�w nZRMN G Svoaow v NLL I ne I tKMs, LACLU5IONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MM/ODIVY LIMITS A - GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE O OCCUR GL 1 8915 6689 10/01/00 10/01/03 EACH OCCURRENCE s2,000,000 FIRE DAMAGE(Anyonefire) E2,000,000 MED EXP (Any one person) a NIL_ PERSONAL SADVINJURY s2,000,000 GENERAL AGGREGATE $ 10,000,000 GEN'L AGGREGATE OMIT APPLIES PER POLICY JEa PRODUCTS - COMP/OP AGO s2,000,000. AUTOMOBILE LIABILITY AUTO WNED AUTOSBODILY EDULED AUTOS AUTOS -OWNED AUTOS BUA 1 8915 670E 10/01/00 10/01/03 COMBINED SINGLE LIMB (Ea accident) § 2 , 000 ,000 INJURYS (Per person)D BODILY INJURYS (Per accident)PROPERTY DAMAGE(Per eIABILITY LED AUTD TEN (10) D IN THE EV YS NOTICE WI NT OF CANCEL L i3L GfvEN ATION FOR AUTO ONLY -EA ACCIDEM E EA ACCOTHER THANAUTO ONLY: AGG $ IABILITY R El CLAIMS MADEAGGREGATE CTIBLE NTION $ EACH OCCURRENCE $ { S B DESCRIPTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OTHER OF OPERATIONS/LOCATIONSNEHICLEBIEXCLUSIoue WC 2 4790 6689 ennan.v cunneecuc. 07/01/00 ......... 07/01/03 X TORV LIMITS ER E.L. EACH ACCIDENT s2,000,000 E.L. DISEASE - EA EMPLOYEE $2,000,000 E.L. DISEASE- POLICY LIMIT $2,000,000 FOR BIDDING PURPOSES ONLY ..CERTIFICATE HOLDER N I ADDITIONAL INSURED; INSURER LETTER: _ CANCELLATION BIDDING I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E%PIRATIO DATE THEREOF, THE ISSUING INSURER WILLAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT iNEIMUDEIDCCIIIIIIIIALL I LICENSE EFMCTNE THROUGH: MAR 2003 STATE OF ARIZONA Reps Boar of Contractors CERTIFIES THAT INTERMOUNTAIN SLURRY SEAL IN CoKnjACTCRS LICENSE NO. 0775! 8 CLASS A — GENERAL ENGINEERING j THIS CARD MUST BG ' pRl:iENrED URON DdMANO IRE O CgNtMERCIAL ONLY --- V____,____ CORP THIS IS YOUR IDENTIFICATION CARD DO NOT DESTROY state or cairomio CONTRACTORS STATE UCENSE BOARD ACTIVE UCENSE um• 462443 ICI co" um rm ja=A= SLumy mm INc mdm%*)A HIC aomma* O1/31/2004 1I 1. yfl y i a L-7 �,',' \ t>-` �.- 'tom• � `. 1 1 ' .; .:.CS:. ...v.�:.;. ;.,; .1.� :9; citiii ^�c:;�.r,r:p,::==.i' ...�.i•.'?''� STATE OF NEVADA STATE CONTRACTORS' BOARD LICENSE NO. O023E57 Ir4IER;-II_k,taTAIN ! p 0 6.OX SOO 5 WATSONV ILLE CA CORPOPATIM-4P� 'ac t, �.. :t g. KL T UNLIMITED THOMAS r MICI f!iEL : L PRESIDENT CA i17D:'!r ROGER VICE PRESIDENT 'E+ ? SEC .RETARY KErAM. t'A'THLEFN CRY Vislt/ 0' SECRETARY'lTREAEURER BRUN(GN, DAVID oG * A GEStiERi�L thClltiEEi�iAG i Is Duly Ucen red as a Contractor In the abaire ClassMloation. 0MRMAH, STATE CONMCMFL9 BOARD f:.t���'.n;+y�yn.'.'--r•-5c»:yw,.ry+�;T:.�� ... ':;..'.j.=::rx':?l_y. ,r.�:.� �i]l-Y•ri fl\tip i4:'.�1:•:].-.l'nl-.�:.C.\r',". .'Sti± •4�:..i'ri �'� �r:�_• �\... ::t". 1 k Experfor for CID Licensing 122 Santa Fe,NM 815051te B 505.952.8197 FAX 505.986.1299 Date: 1/3110' INTERMMOUN-rAIN SLURRY SEAL, INC. PO BOX 50085 WATSONVILLE CA 95077 RECEIVED FFR - 5 2001 The above named license has been renewed. Your kense name, number and eViretloon date are shown below. Between November 1998 end March oIrYpuRYId goue or have rceCeived two plaedc Ards that ere ro be The calls and the Construc8on {ndustries a city or county with pelrntt issuance atAhority' unlicensed Dlvis40 new licensing software are xitended to help prevent activity by contractors throughout the state. We hope you are pleased with this enhancement of the value of your license. Please do not hesitate to call if you have any questions or if you did not already receive your cards. 25081 INTERMOUNTAIN SLURRY SEAL, INC. PO BOX 50095 WATSONVILLE CA 95077 CAHOON, ROGER L. GAW License Expire Date:1/31/04 Ucanse Issue Date: 1/13/86 J � � f�" �� YY��� RR �i•V..�- .� �Y�l Jr '�,r li ♦ � �- �•j[ K•F RV t�' ^ter ��♦ -r-^ r� .� � �. ^�+�i� t � I t [: f S( +I f1.-ram � i t � t • ; ' :,A, ♦ ' t R ,4[ \ � ^ ^ .`;\tea! Y � �._.• v `„ ) � _� yr J i r iw! '�� 3 � •_^WV ,{A"' '�.. >� r •� 1vw•'f �. t vl a t,, L �,•, it + s `il Try( � . J. `:J• t 4�. �t' s4 .t � .+.' �'?A+ � �a ; lk Af •a4� l3i 1lr f�t11,„i l l wa ;'' a '�� ♦ 1 s'�. r _t•r r ♦ _ t `::4-at.�� � � � 4i - ._� :. ♦ -, •`; .__vy1��•![��'— SECTION 00020 INVITATION TO BID Date: April 1, 2002 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock, on APRIL 24, 2002 for the ASPHALT SLURRY SEAL PROJECT; Bid No. 5698. 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 placement of Type II Asphalt Slurry Seal on designated residential streets and parking lots in the City of Fort Collins. Specific locations are described in Section 03500, Project Map. At the option of the City, the agreement may be extended for additional one year periods not to exceed three (3) additional one year periods. 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 3, 2002. Copies of the Contract Documents, complete with Construction Specifications and Drawings, may be obtained from Purchasing Division at 215 North Mason St., 2nd floor, Fort Collins, Colorado, 80521 upon payment of a refundable fee of Twenty- five Dollars ($25.00) per set. No partial sets will be issued. The Contract Documents and Construction Drawings may be examined at: 1. City of Fort Collins, Purchasing Division. 2. The Daily Journal, 2000 S. Colorado Blvd. Suite 2000, Denver, Colorado. 3. CMD Denver Plan Room, 9250 E Costilla Ave, STE 400, Englewood, CO 4. Builders Exchange, 223 South Link Lane, Fort Collins, Colorado. 5. The Plan Room, 2176 South Jasmine St. Door "E"/Suite 219, Denver, Colorado. A prebid conference and job walk with representatives of prospective Bidders will be held at 10:00 a.m. on April 10, 2002, at 215 North Mason, 2"tl Floor, Room 2A. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. 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 STATE OF UTAH DEPARTMENT OF COMMERCE DIVISION OF OCCUPATIONAL SrPROFESSIONAL LICENSING LICENSE__ pgo''F EFFECTIVE`i DATE: 07/23/2001 Ar EXPIRATION DATE: 07/31/2003 ISSUIED TO: Intermountain Slurry Seal, Inc- P O Box 50095 Watsonville CA 95077 231265-5501 Contractor E100 231265-5551 LRF Contractor Member SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 10% of the contract. ITEM SUBCONTRACTOR it%ne 7/96 Section 00430 Page 1 SECTION 00500 AGREEMENT FORMS 00510Notice of Award 00520 Agreement 00530Notice to Proceed SECTION 00510 NOTICE OF AWARD Date: May 23, 2002 TO: Intermountain Slurry Seal, Inc. PROJECT: ASPHALT SLURRY SEAL PROJECT; BID NO. 5698 OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated April 24, 2002 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for Asphalt Slurry Seal Project; Bid No. 5698. The Price of your Agreement is One Hundred Seventy-six Thousand One Hundred Seventy-six Dollars ($176,176.00). Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by June 7, 2002. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. ty of Fort Collins B Ja es B. O'Neill II, CPPO, FNIGP Dir cto of Purchasin and Risk Mana ement itle 9/12/01 Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 23rd day of May in the year of 2002 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Intermountain Slurry Seal, Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the placement of Type II Asphalt Slurry Seal on designated residential streets and parking lots in the City of Fort Collins. Specific locations are described in Section 03500, Project Map. ARTICLE 2. ENGINEER The Project has been designed by City of Fort Collins Engineering, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 Contract Period. This Agreement shall commence when this contract is signed by the City, and shall continue in full force until May 31, 2003, unless sooner terminated as herein provided. In addition at the option of the City, the agreement may be extended for additional one year periods not to exceed three (3) additional one year periods. Pricing changes, if any, shall be negotiated by and agreed to by both parties in writing. 3.2 The Work shall be Substantially Complete within 15 working days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within 35 working days after the date when the Contract Times commence to run. 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 9/12/O1 Section 00520 Page 1 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: One Thousand Dollars ($1,000.00) for each calendar day or fraction thereof that expires after the fifteen (15) working day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Five Hundred Dollars ($500.00) for each calendar day or fraction thereof that expires after the twenty (20) working day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER with the Contract Hundred Seventy-six Section 003 shall pay CONTRACTOR for performance of the Work in accordance Documents in current funds as follows: ($176,176.00), One Thousand One Hundred Seventy-six Dollars, in accordance with 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 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 9/12/01 Section 00520 Page 2 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 950 of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the 9/12/01 Section 00520 Page 3 General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2. 6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets with the following general title: Project Maps: Crestmore Area, Goldeneye Area, Grandview Area, Hillcrest Area, Pioneer Area, Redwing Area. Parks: Rogers Park Parking Lot, Martinez Farm Parking Lot. The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers None to None, 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. 9/12/01 Section 00520 Page 4 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: CITY OF/� FORT CnOLLINS By: �.!a /� - JOHN F.LVISCHBACH, CITY MANAGER BY: _ ��( V1��' 4S1 X JAMES BA O'NEYL-L II, CPPO, FNIGP &JACTOR OF PURCHASING AND RIST MA GEMENT Date: &1 2' (,2, � Attest: Address for gikinA notices CQ P. O. Box 580 <0t�pC.7 Fort Collins, CO 80522 Approved as to Form . TW� Assistant City Attorney 9/12/01 CONTRACTOR: Intermountain Slurry Seal, Inc. By:���� Kathleen Kenan, Secretary Title:Secretary Date: May 31, 2002 (CORPO TE SEAL) A Attest:� David J. runton, Assistant Secretary Address for giving notices: CT Corporation System 50 Broadway Salt Lake City UT 84101 LICENSE No.: 231265-5501 Section 00520 Page 6 The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. The OWNER reserves the right to reject any and all Bids, and to waive any _ informalities and irregularities therein. Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or _ personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority - concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited City of Fort Collins I Jam s B. O'Neill, II, CPPO, FNIGP Purchasing/Risk Management Director 07/2001 Section 00020 Page 2 SECTION 00530 NOTICE TO PROCEED Description of Work: ASPHALT SLURRY SEAL PROJECT; BID NO. 5698 To: 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 , and , 20_, respectively. City of Fort Collin OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of 20 CONTRACTOR 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 00640Certificate of Final Acceptance 00650Lien Waiver Release (CONTRACTOR) 00660Consent of Surety 00670 Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Firm) INTERMOUN (Address) p,0. Box (an Individual), (a "Principal" and ), (a (Firm) FEDERAL INSURANCE COMPANY (Address) 15 Mt. View Road, Warren, NJ 07059 Bond No.8188-75-05 Premium: $353-.DU-- ration ter referred to as 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 One Hi.nrlrprl Ceventy Six Thousand One * 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. *-Hundred Seventy Six and 00/100 Dollars THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the g�. day of n44-lam, 20�- a copy of which is hereto attached and made a part hereof or the performance of The City of Fort Collins project, ASPHALT SLURRY SEAL PROJECT; BID NO. 5698. 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. 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 31st day of May 2002. — IN PRESEN E OF: Principal INTERMOUNTAIN SLURRY SEAL, INC. By: 4aeWen enan Secretary — (Title) — P.O. Box 50085, Watsonville, CA 95077-5085 " (Address) _ (Corporate Seal) IN PRESENCE OF: Other Partners By: — By: IN PRESENCE OF: Surety DERAL SURANCE COMPANY By: Ll Lisa S ray e, Attor -Fact By 15 Mt. View Road. Warren, NJ 07059 (Address) (Surety Seal) 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 STATE OF CALIFORNIA COUNTY OF Santa Cruz } On May 31, 2002 before me, the undersigned notary public, personally appeared Lisa Sorauee 0 personally known to me OR 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. REBECCA PARKER Comm.1287516 WAV M=-CMIFppPMA #. �=EMo=172oo4� Signature of Notary T SECTION 00615 PAYMENT BOND R Bond No. 81�-05 KNOW ALL MEN BY THESE PRESENTS: that Premium included in Performance Bond (Firm) INT RMO NTAIN SLURRY SEAL INC (Address) P.O. Box 50085. Warsnnville. CA 95077-5085, a Corporation (an Individual), (a Partnership), (a Corporation), hereinafter referred to as "Principal" and (Firm) FEDERAL INSURANCE COMPANY (Address) 15 Mr View Road, Warren NJ 07059 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 OAP Hundred Seventy Six Thousand One Hundred a 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. Seventy Six and 00/100 Dollars THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the � day of :Y1 20� a copy of which is hereto attached and made a part hereof -for—the performance of The City of Fort Collins project, ASPHALT SLURRY SEAL PROJECT; BID NO. 5698. 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. 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 31st day of May 2002• IN PR ^ •NCE OF* G� (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: Principal INTERMOUNTAIN SLURRY SEAL, INC. Kathleen Kenan Secre ary — _ (Title) P 0 Box 50085 Watsonville CA 95077-50U (Address) other Partners _ Surety F ERAL IN RANCE COMPANY By: Lisa Spraug Attor -in-Fact By: 15 Mt. View Road, arren, NJ 07059 (Address) (Surety Seal) 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 STATE OF CALIFORNIA } } COUNTY OF Santa Cruz } On May 31 2002 before me, the undersigned notary public, personally appeared_ Lisa Sprauee ❑x personally known to me OR ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. REBECCA PARKER COMM. 1287515 MOTARV P(SUCC}LL1FpRMA Signature of Notary POWER `f derxd Insurance Company Attn.: Surety Department CChubb Surety OF Vigilant Insurance Company 15 Mountain View Road ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNTfYCOMPANY, aWisconsin corporetion,doeach herebyconstitute and appoint Kathleen Kenan R. C. Allbritton, Lisa Sprauge and Jigisha Desai of Watsonville, California --------- each as their true and lawful Attomey-in-Fad to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations on behalf of Granite Construction Incorporated and all Subsidiaries alone or in Joint Venture in connection with bids, proposals or contracts to or with the United States of America, any State or political subdivision thereof or any person, firm or corporation. And the execution of such bond or obligation by such Attorney -in Fact in the Company's name and on its behalf as surety theen or otherwise, under its corporate seal, in pursuance of the authority hereby conferred shall, upon delivery therof, be valid and binding upon the Company. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this th day of January, 2002 / � . //J n 17 % r C% a Sheryl B. Roberts, Kssistant Secretary - F k E. Robertson, Vi President STATE OF NEW JERSEY i J ss. County of Somerset On this 17 th day of January , 2002 . before me, a Notary Public of New Jersey, personally came Sheryl B. Roberts, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Prover of Attorney, and the said Sheryl B. Roberts being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By -Laws of said Companies; and that she signed said Pourer of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with Frank E. Robertson, and knows him to be Vice President of said Companies; and that the signature of Frank E. Robertson, subscribed to said Power of Attorney is in the genuine handwriting of Frank E. Robertson, jndwgsih o subscribed N authority of said By -Laws and in deponenrs presence. Notarial a ruttN C�_.� f^c MICNELE RNo. 222041 . i�tcTc v, - 1 Notary Public Stets of Now ,er:;c, commission Expires Sept Lb cowl ary Public CERTIFICATION Extract from the By -Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I, Sheryl B. Roberts, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies') do hereby certify that (I) the foregoing extract of the By -Laws of the Companies is true and correct, UU the Companies are duty licensed and authorized to transact surety business in all 50 of the United Stag of America and the District of Columbia and are authormed by the U. S. Treasury Department, father, Federal and Vigilant are licensed in Puerto Rico and the U. S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island, and (lit) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 31qt day of May 2DD2 *00 U�., cF\���W YOtil'w / tB aAia1 0 �� SiteM B. Roberts- Assistant SanrMav IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3486 Fax (908) 903-3656 e-mail: surety@chubb.com 15/0-0154B(EQ 2�98) CORP CONSENT MCSHERRY & HUDSON 831,724 7574 _ 06/20 102 14:30 NO.654 02/03 CORD CERTIFICATE OF LIABILITY INSURANC cw 1°-�0 %erry S Hudson THIS CERTIFICATE IS ISSUED AS A 7TER OF INF RTIF !rise #0056172 ONLY AND CONFERS NO RIGHTS UPON THE CERTII Auto Center Drive HOLDER. THIS CER ICATE ALTER THE COVERAGE AF ORDE BY 7HE POZ :onville CA 95077 ie; 831-724-3841 Fax:831-724-7574 INSURERS AFFORDING COVERAGE INTERMOUNTAIN SLURRY sEAL, INC P.O. Box 95077-5085 X EALCTY A GENOMALc. ENWLUASLTY GL 1 8915 66 89 CLAIMS MADE ®OCCUR X CONTRACTUAL LIAB Pax 'so rm o:0001 a/ae X XCU HAZARDS aPDAO rMK PM DWOM JAUTOMOMLe LNIBILRY AANY AUTO $UA 1 8915 67 08 ALLCWNEOAUTOS SCHEDULED AUTOS HIRED AUTOS NONCWNEO AUTOS CONTRACTUAL LIAR Pax 250 MAW =002 WET MGARAGE LIABILITY ANY AUTO EXCESS LIABILITY 7 OCCUR OL41MB MADE DEDUCTIBLE RmTvfnDN S WORKERS COMPwsATIoN AND 8 BMPLOYERV LIABIurY THE EVENT OF C NON-PAYMENT WC 2 4790 66 89 INSURER S Co. GATE(NMO)" SU9JECT TO ALL THE TERMS, EXCLUSIONS AND CONO T ONS OF SUCH tAO11 OCCURftwCE f 2 10/01/00 10/01/03 FIRE CAMAGE(AMUMflrc) s 2 MEC EXP (Any ane par ) 1 $ PERZONAL S ADY INJURY IS 2 10/01/00 PREMIUM. 10/OS/O3 CCMBMEDSINGLE LIMIT (Ea aeaeenq B001LY INJURY (Per person) SCDILY INJURY (Pn aaleenq I PROPERTY DAMAGE (' -WdaaO I AUTO ONLY•EA ACdDENT S CTHERTHAN EAACC S AUN ONLY. AGG f I EACH OCCURRENCE s 07/01/00 07/01/03 E.L E.L. JOB #160046 ASPHALT SLURRY SEAL PROJECT BID #5698 - CITY OF FORT INS, COLORADO - 2002 SLURRY SEAL PROJECT + 12tt"�, INSURER LETTER: A CANCELLATION s S 2,000,000 FTCOLLI SHOULOANY OF THEASWE DESCRIBED POr.ICIEs BECANCELLED BEFORE THE EXPIRArC CITY OF FORT COLLINS ,TMEIWUINGINSURERMLL CCLORADO GATETHEREOF>NDOs90a(aOBAR. 30 GArswwTTw 215 N. MASON STREET NOTICE TC THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUr R 2ND FLOOR FORT COLLINS CO 80522-0580 xEPRESBN{A NETS SECTION 00100 INSTRUCTIONS TO BIDDERS McSHERRY & HUDSON 831 724 7574 . 06/20 102 14:30 NO.654 03/03 0A FaeAHftCammhaee.Yau Haw Policy Number: GL 18915 66 89 American Casualty Company of Reading, PA Named Insured: INTERMOUNTAIN SLURRY SEAL, INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Additional Insured: City of Fort Collins, Colorado - Engineer and Engineer's Consultants, Their Respective Officers and Employees Covered Operations: Job #160046 Asphalt Slurry Seal Project Bid #5698 City of Fort Collins, Colorado - 2002 Slurry Seal Project WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the above Schedule, (hereinafter called "Additional Insured"), but only with respect to liability arising out of operations performed for the Additional Insured by the Named Insured and subject to coverage afforded by the standard Commercial General Liability Coverage Form #CG0001 (11Ise) THIS INSURANCE POLICY WILL NOT BE CANCELLED, LIMITED, NON RENEWED, OR COVERAGE REDUCED UNTIL THIRTY (a DAYS AFTER RECEIPT BY THE ADDITIONAL INSURED NAMED ABOVE OF A WRITTEN NOTICE OF SUCH CANCELLATION, REDUCTION OF COVERAGE OR NON RENEWAL. IN THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM, TEN (W) DAYS WRITTEN NOTICE OF SUCH CANCELLATION WILL BE GIVEN. MCSHERRY& HUDSON BY:_JJ_J'� rai ' Authalzed Representative SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 7/96 Section 00630 Page 1 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT TITLE: ASPHALT SLURRY SEAL PROJECT; BID NO. 5698 PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: _City of Fort Collins CONTRACTOR: CONTRACT DATE: 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. GINEER 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 substan- tially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER REMARKS: AUTHORIZED REPRESENTATIVE DATE 7/96 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Gentlemen: You are hereby notified that on the day of 20 Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, 20 the City of A check is attached hereto in the amount of $ as Final Payment all Work done, subject to the terms of the Contract Documents which are dated In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date. - 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: (CONTRACTOR) PROJECT: ASPHALT SLURRY SEAL PROJECT; BID NO. 5698 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 7/96 Section 00650 Page 1 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" day of 20 , by Witness my hand and official seal. My Commission Expires: J Notary Public n J 7/96 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: ASPHALT SLURRY SEAL PROJECT; BID NO. 5698 CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for Surety) m 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) In ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. 7/96 Section 00660 Page 1 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE Insert State certificate here. DR 0172 (12198) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(M) 0 DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials forthe 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 a part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side.) FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Reglstretion/Account No. (to be assigned by DDR) ped� 89 - 0170-750 (999) $0.00 Trade name/DSA. EGontact rtner, or corporate name: Mailing address (City, State, Zip): erson E•Mail address: Federal Employer's Identification Number: Bid amount for your contract: E Fax number: Business telephone number. Colorado withholding tax account number. ( ) a Cbs.m"smnp thmnagg s. tfNAngeolecagpec �atmes ti Name of exempt organization (as shown on contract): Exempt orgamzatlon's number: Address of exempt organization (City, State, Zip): 98 - Principal contact at exempt organization: Principal contacts telephone number: Physical location of project site (give actual address when applicable and Cities and/or County (!as) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date: completion date: g�L, r$�irk' k r¢ %u'K' r ) A 4s1 �..,#�* / v i 'sP`nr r dear uJrn! S A s d , +T� w n+hjli+�sK,r r S M1� a <'rT ltt"�'' t� r'' km ; „+ )' na�Y�ir• G2 sh.� +,fi t w�Nfs"',°'H ', try rly,¢) e�� Y�t>f [Tt' b'iM Or 6. I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer. Title of corporate officer. Date: r1P1 Arf1T WCITC mci nur •rure.....� SECTION 00700 GENERAL CONDITIONS SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub - bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 3.2. In accordance with Section 8-159 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 7/96 Section 00100 Page 1 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 9/99) TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 1. DEFINITIONS......................................................1 2. PRELIMINARY MATTERS ................................ 3 1.1 Addenda.............................................1 2.1 Delivery of Bonds .............................3 1.2 Agreement..........................................1 2.2 Copies of Documents ,..................._...3 1.3 Application for Payment..................„...1 2.3 Commencement of Contract 1.4 Asbestos.............................................1 Times; Notice to Proceed,,,,,,.,,,,,,,, 3 1.5 Bid.,. .....*,,................................... ......... ......1 2.4 Starting the Work,,,, ...............3 1.6 Bidding Documents .............................1, 2.5-2.7 Before Starting Construction; 1.7 Bidding Requirements .........................1 CONTRACTOR's Responsibility 1.8 Bonds ................................. ................ I to Report; Preliminary Schedlles; 1.9 Change Order ................................ I Delivery of Certificates of 1.10 Contract Documents....... I....................1. Insurance,_3-4 1.11 Contract Price,,,,, ......... .........1 2.8 Preconstruction Conference 4 1.12 Contract Times...................................1 2.9 Initially Acceptable Schedules 4 1.13 CONTRACTOR....,,,_„........„..............I ........... 1.14 defective.............................................1 3. CONTRACT DOCUMENTS: INTENT, 1.15 Drawings............................................1 AMENDING, REUSE....................................... 1.16 Effective Date of the Agreement,,........ 1 3.1-3.2 Intent ............................ „4 4 1.17 ENGINEER ...................*..... ........ I 3.3 ... Reference to Standards and Speci- 1.18 ENGINEER's Consultant ...................... fications of Technical Societies; 1.19 Field Order . .. ...................................... 1 Reporting and Resolving Dis- 1.20 General Requirements,,,,,.,,,,,,............. 2 crepancies...............................„¢5 1.21 Hazardous Waste.................................2 3.4 Intent of Certain Terms or 1.22.a Laws and Regulations; Laws or Adjectives....................................5 Regulations ..................................... 2 3.5 Amending Contract Dociments 5 1.22.b Legal Holidays_ ........... .................... 2 3.6 ......... Supplementing Contract 1.23 Liens.............................................2 Documents...................................5 1.24 Milestone,........ ...................................z 3.7 Reuse of Documents„.,,,...........,.....„j L25 Notice of Award..................................2 1.26 Notice to Proceed ................................ 2 4. AVAILABILITY OF LANDS; 1.27 OWNER,. .......................................... 2 SUBSURFACE AND PHYSICAL CONDITIONS; 1.28 Partial Ut lization................................2 REFERENCE POINTS ,,,,,,,.._,,,..,.........................5 1.29 PCBs ... .... ............................ 4.............. 2 4.1 Availability of Lands.....................5 6 1.30 Petroleum....................4.........4........... 2 4.2 Subsurface and Physical 1.31 Project,,.,,,,. ........................................ 2 . Conditions, 6 1.32.a Radioactive Material ........................... 2 4.2.1 Reports and Drawings ....................... 6 1.32.b Regular Working Hours........................ ,,,,.,, ...... 2 4.2.2 Limited Reliance by CONTRAC- 1.33 Resident Project Representative ............ 2 TOR Authorized; Technical 1.34 Samples..............................................2 Data ............................................ 6 1.35 Shop Drawings ........................... 2 4.2.3 Notice of Differing Subsurface 1.36 Specifications.,,,,, 2 or Physical Conditions 1.37 Subcontractor....................................42 4.2.4 ..................6 ENGINEER's Review 1.38 Substantial Completion ........................2 4.2.5 ,,....................6 Possible Contract Documents 1.39 Supplementary Conditions,,,,,,,,,,,,,,,,,, 2 Change., ......... 6 1.40 Supplier ............................................... 2 4.2.6 4............................. Possible Price and Times 1.41 Underground Facilities.,,, .................. 2-3 Adjustments,,,......... 4..................0-7 1.42 Unit Price Work ................... 4..............3 4.3 Physical Conditions --Underground 1.43 Work..................................................3 Facilities.......................................7 1.44 Work Change Directive.... 4................... 4.3.1 Shown or Indicated 1.45 Written Amendment ...........................3. 4.3.2 Not Shown or Indicated ,,,,,....., 7 4.4 Reference Points .................. ...7 E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 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 TRACTOR's 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 Documents,..... Certificates of Insurance .................... 8 6.28 Related Work Performed Prior 5.4 CONTRACTOR's Liability to ENGINEER's Review and Insurance Approval of Required 5.5 ..........................................9 OWNER's Liability Insurance,,,,,,,,,,,,,, 9 Submittals ................................... 17 ; 5.6 Property Insurance ................... 6...... 9-10 6.29 Continuing the Work, ............... 6.... J7 5.7 Boiler and Machinery or Addi- 6.30 CONTRACTOR's General .-. tional Property Insurance. .............. _10 Warranty and Guarantee,,,,,,,,,,,,,, 17 5.8 Notice of Cancellation Prodsion.,....... 10 6.31-6.33 Indemnification .........................17-18 .._ 5.9 CONTRACTOR'S Responsibility 6.34 Survival of Obligation ................ _ 18 for Deductible Amounts....................10 5.10 Other Special Insurance. .......... 6 ......... 10 7. OTHER WORK .................................. 6.......... ....J8 5.11 Waiver of Rights................................11 7.1-7.3 Related Work at Site ....................... J8 5.12-5.13 Receipt and Application of 7.4 Coordination..................................18 --, Insurance Proceeds ............ .......... 10-11 5.14 Acceptance of Bonds and Inslr- 8. OWNER'S RESPONSIBILITIES .........................J8 1 ante; Option to Replace....................11 8.1 Communications to CON- 5.15 Partial Utilization --Property TRACTOR.................................18 -� Insurance 8.2 Replacement of ENGINEER........... ,18 .................................6......11 8.3 Furnish Data and Pay Promptly 6. CONTRACTOR'S RESPONSIBILITIES ...............I1 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... ............................ J8-19 6.6 Progress Schedule............ 6.................12 8.5 Insurance.,,,,,,,.,..... 6.......................19 6.7 Substitutes and "Or -Equal" Items; 8.6 Change Orders ......... 6.............6.......19 --� CONTRACTOR's Expense; 8.7 Inspections, Tests and Substitute Construction Approvals...................................19 Methods or Procedures; 8.8 Stop or Suspend Work; .-. ENGINEER's Evaluation.............12-13 Terminate CONTRACTOR's 6.8-6.11 Concerning Subcontractors, Services............................6.........19 Suppliers and Others; 8.9 Limitations on OWNER'S Waiver of Rights ......................... 13-14 Responsibilities ,.............. ....... 19 6.12 Patent Fees and Royalties,,,,,,,,,,,,,,,,,,, 14 8.10 Asbestos, PCBs, Petroleum, 6.13 Permits Hazardous Waste or -" 6.14 ......................................6......14 Laws and Regulations ..............6.........14 Radioactive Material ............... ,.... J9 ^ 6.15 Taxes ................ ............. 14-15 8.11 Evidence of Finance) 6.16 ......... ..... Use of Premises..............6...4.............. 15 Arrangements.. .......... ......... 6........ 19 ... 6.17 Site Cleanliness............................6... 15 6.18 Safe Structural Loading ....... 6 .............15 9. ENGINEER'S STATUS DURING 6.19 Record Documents .............................15 CONSTRUCTION .................. 6..........................19 6.20 Safety and Protection ........ ............ 15-16 9.1 OWNER's Representative,,..,,,,,,..,,. 19 6.21 Safety Representative ... 6 .... 4 ................16 9.2 Visits to Site,,,...... 6........................19 6.22 Hazard Communication Programg., .... 16 9.3 Project Representative ..............19-21 6.23 Emergencies ..................................... 16 9.4 Clarifications and Interpre- ,..; 6.24 Shop Drawings and SampleS..............16 tations........ ,........ 4...................... 21 9.5 Authorized Variations in Wrk.,,,,,,,21 ^. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 9.6 Rejecting Defective Work...................zl 13.8-13.9 Uncovering Work at ENGI- 9.7-9.9 Shop Drawings, Change Orders NEER'S Request .....................27-28 and Payments ................................... 21 13.10 OWNER May Stop the Work ........... 28 9.10 Determinations for Unit Prices...... 21-22 13.11 Correction or Removal of 9.11-9.12 Decisions on Disputes; ENGI- Defective Work ..........................28 NEER as Initial InterpreteT..............22 13.12 Correction Period..........................28 9.13 Limitations on ENGINEER's 13.13 Acceptance of Defective Work 28 Authority and Responsibilities.... 22-23 13.14 ......... OWNER May Correct Defective Work ..................................... 2 8-29 CHANGES IN THE WORK.....................„........,.„... .23 10.1 OWNER's Ordered Change................23 14. PAYMENTS TO CONTRACTOR AND 10.2 Claim for Adjustment............ 23 COMPLETION....* ................. 10.3 Work Not Required by Contract 14.1 Schedule of Values .........................29 Documents ..................................... 23 14.2 Application for Progress 10.4 Change Orders..................................23 Payment ..................................... 29 10.5 Notification of Surety...,,_.................23 14.3 CONTRACTOR'S Warranty of Title...........................................29 CHANGE OF CONTRACT PRICE .............................23 14.4-14.7 Review of Applications for 11.1-11.3 Contract Price; Claim for Progress Payments ................. 29-30 Adjustment; Value of 14.8-14.9 Substantial Completion,,,,,,,.. ........ 30 the Work ................................... 23-24 14.10 Partial Utilization .,,,,,,.........,,,,,_�0-31 11.4 Cost of the Work ........................... 24-25 14.11 Final Inspectioq,,......................3031 11.5 Exclusions to Cost of the WorX.......... 25 14.12 Final Application for Payment 31 11.6 CONTRACTOR's Fee........................25 14.13-14.14 ........ Final Payment and Acceptancq 31 11.7 Cost Records ................................. 25-26 14.15 ....... Waiver of Claims ...................... j1-32 11.8 Cash Allowances ...... .........26 11.9 Unit Price Work...............................26 15. SUSPENSION OF WORK AND TERMINATION .......... CHANGE OF CONTRACT TIMES ............................26 15.1 I.... OWNER May Suspend Work...., 12.1 Claim for Adjustment ........................26 15.2-15.4 OWNER May Terminate ....32 2 12.2 Time of the Essence ............ .......26 15.5 ................. CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTOR'S Work or Terminate... 32-33 Control ...................................... 26-27 ............... 12.4 Delays Beyond OWNERS and 16. DISPUTE RESOLUTION .................................. 33 CONTRACTOR's Control................27 17. MISCELLANEOUS......, TESTS AND INSPECTIONS; CORRECTION, 17.1 ...........33 Giving Notice............ 33 REMOVAL OR ACCEPTANCE OF 17.2 Computation of Times 33 DEFECTIVE WORK...... ........................................... 27 17.3 .............. """ Notice of Claim.............................33 13.1 Notice of Defects ........................... 27 17.4 Cumulative Remedies 33 13.2 Access to the Work ......... ........27 17.5 ..................... Professional Fees and Court 13.3 Tests and Inspections; Costs Included .............................33 CONTRACTOR's Cooperation......... 27 17.6 Applicable State Laws.., 33-34 13.4 OWNER's Responsibilities; ............. Intentionally left blank ........................... 35 Independent Testing Laboratory....., 27 13.5 CONTRACTOR's EXHIBIT GC -A: (Optional) Responsibilities .............................27 Dispute Resolution Agreement..........,,,,....... GC -Al 13.6-13.7 Covering Work Prior to Inspec- 16.1-16.6 Arbitration .. .....QC -AI tion, Testing or Approval.................27 16.7 Mediation ............................... QC -Al 1° EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS 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 defective Work............................10.4.1, 13.5, 13.13 final payment........................................9.12, 14.15 insurance.........................................................5.14 other Work, by CONTRACTOR ..........................7.3 Substitutes and "Or -Equal" Item*.....................6.7.1 Work by OWNER..............................2.5, 6.30, 6.34 Access to the -- Lands, OWNER and CONTRACTOR responsibilities ............................................. 4.1 site, related Work .............................................. 7.2 Work...........................................13.2, 13.14, 14.9 Acts or Omissions--, Acts and Omissions-- CONTRACTOR...................................6.9.1, 9.13.3 ENGINEER .......................................... 6.20, 9.13.3 OWNER....................................................6.20, 8.9 Addenda --definition of (also see definition of Specifications) ....... (1.6, 1.10, 6.19), 1.1 Additional Property Insurances.. 5.7 Adjustments -- Contract Price or Contract Times ........................... J•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 Documents. 3.5 Amendment, Written -- in general ................ J•10, 1.45, 3.5, 5.10, 5.12, 6.6.2 ...........................0.8.2,6.19,10.1,10.4,11.2 ...........................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 ENGINEER's Responsibility ............................... 9.9 final payment.................9.13.4, 9.13.5, 14.12-14.15 in general ..........................2.8, 2.9, 5.6.4, 9.10, 15.5 progress payment ...................................... 14.1-14.7 review of ............... ....... ......................... ..:14.4-14.7 Arbitration.....................................................16.1-16.6 Asbestos -- claims pursuant theretq..........................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 ......................................... 4.1, 8.4 Award, Notice of --defined, ...................................... 1.25 Before Starting Construction...............................2 5-2.8 Bid --definition of........................1.5 (I.1, 1.10, 2.3, 3.3, ......* , 4.2.6.4, 6.13, 11.4.3, 11.9.1) Bidding Documents --definition of.....................................I.............1.6 (6.8.2) Bidding Requirements --definition Of ..........................................1.7 (1.1, 4.2.6.2) Bonds -- acceptance of....................................................5.14 additional bonds..................................10.5, 11.4.5.9 Cost of the Work............................................11.5.4 definition of.......................................................1.8 delivery of...................................................2.1, 5.1 final Application for Payment ................ 14.12-14.14 general......................................1.10, 5.1-5.3, 5.13, ........................................9.13, 10.5, 14.7.6 Performance, Payment and Othef...................5.1-5.2 Bonds and Insurance --in general.................................5 Builder's risk "all-risk" policy form ........................5.6.2 Cancellation Provisions, Insurance........ 5.4.11, 5.8, 5.15 Cash Allowances....................................................11.8 Certificate of Substantial Completion....... 1.38, 6.30.2.3, ..................................................14.8, 14.10 Certificates of Inspection ....................9.13.4, 13.5, 14.12 Certificates of Insuranc@.............2.7, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8, 5.14, 9.13.4, 14.12 ........I............. Change in Contract Price -- Cash Allowances .............................................. 11.8 claim for price adjustment.,..,....... 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4 ..................9.5, 9.11, 10.2, 10.5, 11.2, 13.9, ........................ CONTRACTOR's fee.........................................11.6 Cost of the Work general...............................................11.4-11.7 Exclusions to..............................................11.5 Cost Records.....................................................11.7 in general.............).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 .................................................... J0.3-10.4 Testing and Inspection, Uncovering the Work..................................13.9 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Unit Price Work...........................................11.9 CONTRACTOR's Fee.......................................11.6 Article or Paragraph Number Value of Work..................................................11.3 Change in Contract Times -- Claim for times adjustment ..... ...4.1, 4.2.6, 4.5, 5.15, ............ 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 CONTRACTOR's control........................................................12.3 Delays beyond OWNER's and CONTRACTOR's control............................12.4 Notification of surety .................................„ 10.5 Scope of change ................................ . .10.3-10.4 Change Orders -- Acceptance of Defective Work ..........................13.13 Amending Contract Documents ..........................3.5 Cash Allowances ...,._........ „...11 8 Change of Contract Price ................................. .l I Change of Contract Times...................................12 Changes in the Work........................................10 CONTRACTOR's fee........................................11.6 Cost of the Work.......................................I I A-11.7 Cost Records....................................................11.7 definitionof ...................................................... 1.9 emergencies.................................................... 6.23 ENGINEER's responsibility ....... 9.8, 10.4, 11.2, 12.1 execution of.....................................................10.4 Indemnifictioq .........................0,12, 6.16, 6.31-6.33 Insurance, Bonds and......................5.10, 5.13, 10.5 OWNER may terminate,.,.,,,,, .........15.2-15.4 OWNER's Responsibility.............................5,6, 10.4 Physical Conditions -- Subsurface and..............................................4.2 Underground Facilities............................... 4.3.2 Record Documents..........................................6.19 Scope of Change ................................. .10.3-10.4 Substitutes .........6.7.3, 6.8.2 Unit Price Work...............................................11.9 value of Work, covered by ............................... 11.3 Changes in the Work,,, ......... ......... .........Jo Notification of surety.........................................10.5 OWNER's and CONTRACTOR's responsibilities............................................10.4 Right to an adjustment .................................... 10.2 Scope of change,,, ..................... 10.3-10.4 Claims -- against CONTRACTOR ............................. .. .6.16 against ENGINEER .,,,,.... .................. 6 32 againstOWNER...............................................0.32 Change of Contract Price .......................... 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, 14.85 ............................................15.1, 15.5, 17.3 A Article or Paragraph Number CONTRACTOR's liability ........... 5.4, 6.12, 6.16, 6.31 Cost of the Work.......................................11.4, 11.5 Decisions on Disputes...............................9. 11, 9.12 Dispute Resolution............................................16.1 Dispute Resolution Agreement ....................16.1-16.6 ENGINEER as initial interpretoz ........................9. 11 Lump Sum Pricing.........................................11.3.2 Noticeof..........................................................1.7.3 OWNER's....................4.4, 9.5, 9.11, 10.2, 11.2, 11.9 ........................ 12.1, 13.9, 13.13, 13.14, 17.3 OWNER's liability .............................................. 5.5 OWNER may refuse to make payment, ,,,,,,,,,.„....14.7 Professional Fees and Court Costs Included......................................................17.5 request for formal decision on,,.,.......„ .............„9.11 Substitute Items.............................................6.7.1.2 Time Extension ................................ ............... „12.1 Time requirements ........................... 9.11, 12.1 Unit Price Work.............................................11.9.3 Valueof...........................................................1.1.3 Waiver of --on Final Payment.................14.14, 14.15 Work Change Directive.,,..,..* ......... ...... ............ * 10.2 written notice required .....................9.11, 11.2, 12.1 Clarifications and Interpretations............ 3.6.3, 9.4, 9.11 CleanSite............................................................4.17 Codes of Technical Society, Organization or Association ................................................. 3.3.3 Commencement of Contract Times ...........................2.3 Communications-- general........ ... .............................I.....6.2, 6.9.2, 8.1 Hazard Communication Programs ......................6.22 Completion -- Final Application for Payment .........................14.12 Final Inspection..............................................14.11 Final Payment and Acceptance ...............J4.13-14.14 Partial Utilization............................................14.10 Substantial Completion ......................1.38, 14.8-14.9 Waiver of Claims,,.,,,,,, ............. .......... j4.15 Computation of Times..............................17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others.................................................6.8-6.11 Conferences -- initially acceptable schedules .............................. 2.9 preconstructioq,,,,,,,,,,,,,, 8 Conflict, Error, Ambiguity, Discrepancy-- CONTRACTOR to Report ..........................2.5, 3.3.2 Construction, before starting by CONTRACTOR ....... ... ................................. 2.5-2.7 Construction Machinery, Equipment, etc,,,,,,,,,,,,,,,,,, 6.4 Continuing the Work ..................................... 6.29, 10.4 Contract Documents -- Amending..........................................................3.5 Bonds.............................................................5.1 EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Cash Allowances..............................................11.8 Stop Work requirements .................................. 4.5.2 CONTRACTOR's5 Article or Paragraph Numb Article or Paragraph Number _ Change of Contract Price.................................... I I Change of Contract Times, .................................. 12 Compensation ............................................ 11.1-11.2 - Changes in the Work•...............................10.4-10.5 Continuing Obligation, .................................... 14.15 check and verify ................................................ 2.5 Defective Work ................................ 13.10-13.14 Clarifications and Duty to correct defective Work ..........................13.11 interpretations .......................... 3.2, 3.6, 9.4, 9.11 Duty to Report -- definition of .1.10 Changes in the Work caused by .................................................... ENGINEER as initial interpreter of...................?.11 Emergency ............................................ ENGINEER as OWNER'S representative .............. 9.1 Defects in Work of Others .............................. genera13 Differing condition5...................................4.2.3 Insurance 5.3 Discrepancy in Documents ........ 2.5, 3.3.2, 6.14.2 ' ........................................................... Intent................................3.1-3.4 Underground Facilities not indicated„•.......4.3.2 .....•,,,••••.•....•••,• minor variations in the Work .............................. 3.6 Emergencies ..................................................... 0.23 ^•_ OWNER's responsibility to furnish data .............. 8.3 Equipment and Machinery Rental, Cost OWNER's responsibility to make of the Work ..... .................................. 11.4.5.3 prompt payment .......................... $ 3, 14.4, 14.13 Fee --Cost Plus,..........................11.4.5.6, 11.5.1, 11.6 precedence 3.3.3 General Warranty and Guaranteq....................... 0.30 ................................................3.1, Record Documents 0.19 Hazard Communication Programs ,..................... 0.22 -� ............................................ Reference to Standards and Specifications Indemnification ......................... .6.12, 6.16, 6.31-6.33 of Technical Societies 3.3 Inspection of the Work ................................ 7.3, 13.4 ................................... Related Work 7.2 Labor, Materials and Equipment .................... 0.3-6.5 ..................................................... Reporting and Resolving Discrepancies ........ 2.5, 3.3 Laws and Regulations, Compliance by„•„••....•, 6.14.1 Reuseof Liability Insurance .............. ................................ 5.4 ^� ............................................................3.7 Supplementing..................................................3.6 Notice of Intent to Appeal ......................... 9.10, 10.4 Termination of ENGINEER's Employment .......... 8.2 obligation to perform and complete^' Unit Price Work...............................................11.9 the Work .................................................... 0.30 variations 6.23, 6.27 Patent Fees and Royalties, paid for by ................ 6.12 '•'� •,........... .........................3.6, Visits to Site, ENGINEER's•............................... 9.2 Performance and Other Bonds,... 6..............6........65.1 .'. Contract Price-- Permits, obtained and paid for by ....................... adjustment of ................ 3.5, 4.1, 9.4, 10.3, 11.2-11.3 Progress Schedule..._.. 6............ ••••••••z.6, 2.8, 2.9, 6.6, Changeof..........................................................11 ........................................6.29, 10.4, 15.2.1 Decision on Disputes ........................ 6...............9.11 Request for formal decisionon disputes ,•,•,•,•.•,••• 9.11 -� definition of .....I.11 Responsibilities-- ................................................ Contract Times-- Changes in the Work ..... •............... 6........ .... 10.1 , adjustment of ..........................3.5, 4.1, 9.4, 10.3, 12 Concerning Subcontractors, Suppliers ..: Change of ................ .......... 6................. ....12.1-12.4 and Others.................... 6.................6.8-6.11 Commencement of 6.................. 2.3 Continuing the Work .......... •••............. 0.29, 10.4 .......................... definition of ........... 6..................... ..1•l2 CONTRACTOR's expense ............. 6......... ....0.7.1 .................. CONTRACTOR-- CONTRACTOR's General Warranty Acceptance of Insurance, ..................... 6............5.14 and Guarantee .................. 6............ 6...... .6.30 Communications 6.2, 6.9.2 CONTRACTOR!s review prior to Shop ^ ...............•••••..... Continue Work 6...................6.29, 10.4 Drawing or Sample submittal,,......... •••.... 6.25 •...........•....... coordination and scheduling., ........ 6.6....... 6.6..... 0..9.2 Coordination of Work.....................6..........6.9.2 definition of Emergencies ....... ........................................ 6.23 ..........................6.........................J.13 Limited Reliance on Technical ENGINEER's evaluation, Substitutes Data Authorized„•,, ........ •.6.6..................6....4.2.2 or "Or -Equal" items, ............................. 0.7.3 -� May Stop Work or Terminate ......... •......... 6........ 1.5.5 For Acts and Omissions provide site access to others ............. 6......... 6.7.2, 13.2 of Others ................. 6........... 069.1-6.9.2, 9.13 Safety and Protection ......... 6......... 4.3.1.2, 6.16, 6.18, for deductible amounts, insurance, ,,,,,•...•.......•5.9 7.2, 13.2 general........................................6, 7.2, 7.31 8.9 ..........6.21-6.23, Shop Drawing and Sample Review Hazardous Communication Programs ........... .22 .., Prior to Submittal ... ••.................................. .6.25 Indemnification ............................. ...... 6.31-6.33 hi EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) "'� w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Labor, Materials and Equipment..............0.3-6.5 Laws and Regulations..................................6.14 Liability Insurance,,,,,.... ......................., 5 4 Article or Paragraph Number Notice of variation from Contract Documents............................................ .......................................... 6.27 Patent Fees and Royalties ........................... 6. Permits........................................... ............6. 13 Progress Schedule.........................................6.6 Record Documents .................................. . 6.19 related Work performed prior to ENGINEER's approval of required submittals .......................... ...................0.28 safe structural loading ............................ 6.18 Safety and Protection,,,,,,,,,,,,,,,,,,,, 6.20, 7.2, 13.2 Safety Representative...................................6.21 Scheduling the Work„ 6.9.2 Shop Drawings and Samples ....................... 6.24 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.......................................................... ................ 15 Tests and Inspections ......................... 13.5 To Report,.,,... ..................................... 2.5 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, 9.4, 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 ,,... ,...... I- ................. .......11.4.4 Substitute Construction Methods and Procedure$,.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 .......... 6.1, 6.2, 6.21 Taxes, Payment by ................................ ............6.15 Use of Premises ........................................ 6.16-6.18 Warranties and guarantees. ......................... 6.5,6.30 Warranty of Title,,,,,,,,,,,,,,, ............................... 14.3 Written Notice Required -- CONTRACTOR stop Work or terminate ........ 15.5 Reports of Differing Subsurface and Physical Conditions .................. 4.2.3 Substantial Completion,,,,.... ........................ 14.8 viii CONTRACTORS--other..............................................7 Contractual Liability Insurance ................... 5..4.10 Contractual Time Limits ............. 12.2 ........................... . Article or Paragraph Number Coordination— CONTRACTOR's responsibility ......................... .9.2 Copies of Documents, ........ ........................... 2.2 Correction Period..................................................13.12 . Correction, Removal or Acceptance of Defective Work-- in general ................................... 10.4.1, 13.10-13.14 Acceptance of Defective Work...........................13.13 Correction or Removal of Defective Work................................6.30, 13.11 Correction Period............................................13.12 OWNER May Correct Defective Work..............13.14 OWNER May Stop Work ................... .............. 13.10 Cost -- of Tests and Inspections .................... 13.4 Records11.7 Cost of the Work -- Bonds and insurance, additional ...................11.4.5.9 Cash Discounts ......................... ..................... .11.4.2 CONTRACTORS 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 ....................... 11.4.5.6 Materials and equipment ........................... 11.4.2 Minor expenses...........................................11.4.5.8 Payroll costs on changes ................... 11.4.1 performed by Subcontractors..........................11.4.3 Recordsll.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, CONTRACTOR'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 ..............11.4.5.7 Work after regular hours,,,,,,,,,,,,,,, ............... 11.4.1 Covering Work...............................................13.6-13.7 Cumulative Remedies....*........*. ..... *............... 17.4-17.5 Cutting, fitting and patching ......... ........... 7.2 Data, to be furnished by OWNER ............................... g 3 Day --definition of................................................17.2.2 Decisions on Disputes .................................... 9.11, 9.12 defective --definition of...........................................1.14 defective Work -- Acceptance Of......................................10.4.1, 13.13 EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Correction or Removal of.....................10.4.1, 13.11 Correction Period............................................13.12 in general.........................................13, 14.7, 14.11 Article or Paragraph Number Observation by ENGINEER ................................ 9.2 OWNER May Stop Work.................................13.10 Prompt Notice of Defects...................................13.1 Rejecting...........................................................9.6 Uncovering the Work.......................................13.8 Definitions................................................................ 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 Price* ................................ 9.10 Differing Subsurface or Physical Conditions-- Noticeof........................................................4.2.3 ENGINEER's Review......................................4.2.4 Possible Contract Documents Changq.............. 4.2.5 Possible Price and Times Adjustment$ ............. 4.2.6 Discrepancies -Reporting and Resolving................................2.5, 3.3.2, 6.14.2 Dispute Resolution-- Agreement................................................16.1-16.6 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 -- Copiesof...........................................................2.2 Record 6.19 Reuseof.............................................................3.7 Drawings --definition of..........................................1.15 Easements.............................................................4.1 Effective date of Agreement -- definition gf.............1.16 Emergencies...........................................................0..23 ENGINEER -- as initial interpreter on disputes ................. 9• l 1-9.12 definition of....................................................1.17 Limitations on authority and responsibilities ..... 9.13 Replacement of .................................................. 8.2 Resident Project Representative ...........................9.3 ENGINEER's Consultant -- definition of..................1.18 ENGINEER's-- authority and responsibility, limitations orl........ 9.13 Authorized Variations in the Work.....................9.5 Change Orders, responsibility fol,,,.... 9.7, 10, 11, 12 Clarifications and Interpretations ..............3.6.3, 9.4 Decisions on Disputes, .............................. 9.11-9.12 defective Work, notice of..................................13.1 Evaluation of Substitute Items ..........................6.7.3 Liability...................................................6.32, 9.12 Notice Work is Acceptable...............................14.13 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 or).................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 Construction -- authorized variations in the Work..................9.5 Clarifications and Interpretations ..................9.4 ^ Decisions on Disputes..........................9.11-9.12 Determinations on Unit Prtcq......................9.10 1 ENGINEER as Initial InterpreteK.......... .11-9.12 _ ENGINEERS Responsibilities ................9.1-9.12 Limitations on ENGINEER's Authority -i and Responsibilitie$..............................9.13 OWNER'sRepresentative..............................9.1 Project Representative...................................9.3 -. Rejecting Defective Work..............................9.6 Shop Drawings, Change Orders and Payments....................................9.7-9.9 Visits to Site.................................................9.2 Unit Price determinations . ... ....................... .......9.10 Visits to Site...............................................9.2 . ....... Written consent required ............................. Y•2, 9.1 Equipment, Labor, Materials and,,,,,,,,,,,,,,,,,,,,,,,, ......................... .-. Equipment rental, Cost of the Work,,,,,,,,,,,,,,,,,, 11.4.5.3 �r Equivalent Materials and Equipment .........................6.7 error or omissionS..................................................0.33 .... Evidence of Financial Arrangements .......................5.11 Explorations of physical conditions. . ..................... 4.2.1 -' Fee, CONTRACTOR's--Costs Plus ...........................11.6 Field Order -- definition of.....................................................1.19 issued by ENGINEER ................................ 3.6.1, 9.5 Final Application for Payment .........................4.... 14.12 �.. Final Inspectiorl ...................................................14.11 Final Payment -- and Acceptance . ..................................... 14.13-14.14 Prior to, for cash allovances...............................11.8 General Provisions..........................................17.3-17.4 General Requirements -- definition of.....................................................1.20 ..� principal references to..............2.6, 6.4, 6.6-6.7, 6.24 Giving Notice.........................................................17.1 Guarantee of Work --by CONTRACTOR ........ 6.30, 14.12 Hazard Communication Programs ...........................6.22 -� � Hazardous Waste -- definition of.....................................................l.21 general.............................................................4.5 —? OWNER's responsibility for...............................8.10 '. EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) .J Indemnification.............................6.12, 6.16, 6.31-6.33 Initially Acceptable Schedules...................................2.9 Inspection -- Certificates of..............................9.13.4, 13.5, 14.12 Final......... ..............................I......14.11 Article or Paragraph Number Special, required byENGINEER ........................9.6 Tests and Approval .............. .........$.7, 13.3-13.4 Insurance -- Acceptance of, by OWNER...............................5.14 Additional, required by changes in the Work............................................11.4.5.9 Before starting the Work ................................. . 2.7 Bonds and --in general,,,,..... .........................5 Cancellation Provisions ...................................... 5.8 Certificates of...................z.7, 5, 5.3, 5.4.11, 5-4.13, ........................5.6.5, 5.8, 5.14, 9.13.4, 14.12 completed operations ........... ........................ .. 5.4.13 CONTRACTOR's Liability ..................................5.4 CONTRACTOR's objection to coverage ............. 5.14 Contractual Liability .......................... 5.4.10 deductible amounts, CONTRACTOR'S responsibility................................................5.9 Final Application for Payment.........................14.12 Licensed Insurers...............................................5.3 Notice requirements, material changes ........ 5.8, 10.5 Option to Replace............................................5.14 other special insurances...................................5.10 OWNER as fiduciary for insureds ............5.12-5.13 OWNER's Liability ............................................5.5 OWNER's Responsibility.....................................8.5 Partial Utilization, Property Insurance...............5.15 Property..................................................... .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 Easements...................................................8.4 Availability of.............................................4.1, 8.4 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 CONTRACTOR's Responsibilities .....................6.14 Correction Period,defective Work .............. 13.12 Cost of the Work, taxes,,,,,,,,., I ............. 11.4.5.4 definition of....................................................1.22 general6.14 Indemnification ...................................... .. 6.31-6.33 z Insurance ­ ........ 3 Precedence................................................3.1, 3.3.3, Reference to....................................................3.3.1 Safety and Protection................................6.20, 13.2 Subcontractors, Suppliers and Others ....... 4.... 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-- CONTRACTOR's............................................... 5.4 OWNER's........................................................... 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..........................i4.15 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.........................14.12 Manuals (of others)-- Precedence....................................................3.3.3. I Reference to in Contract Documents ..................3.3.1 Materials and equipment -- furnished by CONTRACTOR...............................0.3 not incorporated in Work...................................14.2 Materials or equipment --equivalent .......................... 6,7 Mediation (Optional) .................... 16.7 Milestones --definition of_ ..................................... j.24 Miscellaneous -- Computation of Times ....................................... 17.2 Cumulative Remedies........................................17.4 Giving Notice....................................................17.1 Notice of Claim ................... ... ...........................17.3 Professional Fees and Court Costs Included ......... 17.5 Multi -prime contracts ..................................... ,..7 Not Shown or Indicated.........................................4.3.2 Notice of -- Acceptability of Project .......... ...... *.......... ,........ 14.13 Award, definition of.........................................1.25 Claim............................................................1.7.3 Defects,13.1 Differing Subsurface or Physical Conditions ....... 4.2.3 Giving............................................................1.7.1 Tests and Inspections ......................................... ........................ 13.3 Variation, Shop Drawing and Sample.................6.27 Notice to Proceed -- definition of.....................................................1..26 givingof............................................................2.3 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) 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 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 7/96 Section 00100 Page 2 Notification to Surety..............................................10.5 Observations, by ENGINEER............................6.30, 9.2 Occupancy of the Work ................... 5.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR................6.9, 9.13 Open Peril policy form, Insurance..........................5..6.2 Option to Replace....................................................5.14 Article or Paragraph Number "Or Equal" Items......................................................0.7 Other work 7 Overtime Work --prohibition of.................................6.3 OWNER -- Acceptance ofdefective Work ..........................13.13 appoint an ENGINEER......................................8.2 as fiduciary...............................................5.12-5.13 Availability of Lands, responsibility .....................4.1 definition of.....................................................1.27 data, furnish......................................................8.3 May Correct Defective Work............................13.14 May refuse to make payment.............................1.4.7 May Stop the Work.........................................13.10 May Suspend Work, Terminate ............................ $ 8, 13.10, 15.1-15.4 Payment, make prompt.....................$.3, 14.4, 14.13 performance of other work .................................. 7.1 permits and licenses, requirementg ....................6.13 purchased insurance requirements .............. 5.6-5.10 OWNER's-- Acceptance of the Work..............................0.30.2.5 Change Orders, obligation to execute.......,., 8.6, 10.4 Communications ............................................... 8.1 Coordination of the Work ................................... 7.4 Disputes, request for decisiorl............................9..I l Inspections, tests and approvals..................$7, 13.4 Liability Insurance ............................................. 5.5 Notice of Defects..............................................13.1 Representative --During Construction, ENGINEER's Status......................................9.1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material................$.10 Change Orders ............................................. 8.6 Changes in the Work .................................. 10.1 communications............................................8.1 CONTRACTOR's responsibilities ..................5.9 evidence of financial arrangements..............$11 inspections, tests and approvals .....................$7 insurance...................................................... 8.5 lands and easements.....................................8.4 prompt payment by........................................8.3 replacement of ENGINEER............................$.2 reports and tests............................................8.4 stop or suspend Work..................$.8, 13.10, 15.1 terminate CONTRACTOR's services..........................................8.8, 15.2 separate representative at site ............................. 9.3 testing, independent.........................................13.4 use or occupancy of the Work ......................... 5.15, 6.30.2.4, 14.10 written consent or approval required.........................................9.1, 6.3, 11.4 xi EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number written notice required ........................7.1, 9.4, 9.11, ....................................11.2, 11.9, 14.7, 15.4 PCBs -- definition of.....................................................1.29 general..............................................................4.5 OWNER'S responsibility for...............................8.10 Partial Utilization -- definition of.....................................................1.28 general 6.30.2.4, 14.10 Property Insurance............................................5.15 Patent Fees and Royalties .................................. 6.12 Payment Bonds, .................. .............5.1-5.2 Payments, Recommendation of..............14.4-14.7, 14.13 Payments to CONTRACTOR and Completion -- Application for ProgressPayments ......................14.2 CONTRACTOR's Warranty of Title,,,,,,,,,,,,,,,, 14.3 Final Application for Payment ..........................14,12 Final Inspection ..................... 14.11 Final Payment and Acceptance ................ 14.13-14.14 general.........................................................$.3, 14 Partial Utilization............................................14.10 Retainage..........................................................14.2 Review of Applications for Progress Payments...............................14.4-14.7 prompt payment..................................................5.3 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 ........... ,............................. 14.7 Performance Bonds............................................5.1-5.2 Permits............................................................6.13 Petroleum -- definition of......................................................1.30 general..............................................................4.5 OWNER's responsibility for ......................... 8.10 Physical Conditions -- Drawings of, in or relating to ........................ 4.2.1.2 ENGINEER's review ............. .......................... 4.2.4 existing structures............................................4.2.2 general 4.2.1.2 ........................... Notice of Differing Subsurface or„.....................4.2.3 Possible Contract Documents Change ............... 4.2.5 Possible Price and Times Adjustments ............. 4.2.6 Reports and Drawings ....................... ....... 4.2.1 Subsurface and ............................. . 4.2 Subsurface Conditions ......... ... .............4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ....................... 4.2.2 Underground Facilities-- general........................................................ 4.3 Not Shown or Indicated .............................. 4.3.2 Protection of ......................................... 4.3, 6.20 xii Article or Paragraph Number Shown or Indicated ................................................ 4.3.14 Technical Data ............................................... .2.2 Preconstruction Conferencg............. ........................ 2.8 Preliminary Matters.....................................................2 Preliminary Schedules............................................. 2.6 Premises, Use of ............................................. 6.16-6.18 Price, Change of Contract...........................................1 I Price, Contract --definition of .......................... 1.11 Progress Payment, Applications for ..........................J4.2 Progress Payment--retainage................................... 14.2 Progress schedule, CONTRACTOR'S ............ 2.6, 2.8, 2.9, ............................ 6.6, 6.29, 10.4, 15.2.1 Project --definition of...........................„..................1.31 Project Representative— ENGINEER's Status During Construction..,,,,,,,,.. 9.3 Project Representative, Resident --definition of_ ....... 1.33 prompt payment by OWNER.....................................8.3 Property Insurance-- Additional.........................................................3.7 general5.6-5.10 Partial Utilization ................................ 5.15, 14.10.2 receipt and application of proceeds. ............. 5.12-5.13 Protection, Safety and ........................... . 6.20-6.21, 13.2 Punchlist..........................................................1.4.11 Radioactive Material-- defintion of.....................................................1.32 genera14.5 OWNER's responsibilityfor...............................$.to Recommendation of Payment .................. 14.4, 14.5, 14.13 Record Documents ........................................ 6.19, 14.12 Records, procedures for maintaining ..........................2.8 Reference Points ............................. Reference to Standards and Specifications of Technical Societies,,.,,...* ...................... 3.3 Regulations, Laws and(or)................................ 6.14 Rejecting Defective Work..........................................9.6 Related Work -- atSite........................................................7.1-7.3 Performed prior to Shop Drawings and Samples submittals review .................... 6.28 Remedies, cumulative ......................... ............. 17.4, 17.5 Removal or Correction ofDefective Work................J3.11 rental agreements, OWNER approval required ,.... 11.4.5.3 replacement of ENGINEER, by OWNER,,,,,,,,,,,,,,,,,,,, 8.2 Reporting and Resolving Discrepancies, ................................ 2.5, 3.3.2, 6.14.2 Reports -- and Drawings.................................................4.2.1 and Tests, OWNER's responsibility .....................8A Resident and Project Representative -- definition of .................................................... 1.33 provisionfor............................................................ 9.3 EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number Resident Superintendent, CONTRACTOR'g............... 6.2 Responsibilities— CONTRACTOR's-in general... 6 ENGINEER's-in general........................................9 Limitations on.............................................9.13 OWNER's-in general ............................................. Retainage............................................................14.2 Reuse of Documents..................................................3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ..........................6.25 Review of Applications for Progress Payments ................................ ..... 14.4-14.7 Right to an adjustment...........................................10.2 Rightsof Way..........................................................4.1 Royalties, Patent Fees and .................. 4.4.................6.12 Safe Structural Loading .................... 6.4...................6.18 Safety -- and Protection .......... 4.4......... 4.4.......4 3.2, 6.16, 6.18, ......................... ...... 6.20-6.21, 7.2, 13.2 general .......................................4 ..............0.20-6.23 Representative, CONTRACTORS........................0.21 Samples -- definition of......................................................1.34 general ............... .............. .. ...................... 6.24-6.28 Review by CONTRACTOR ............................... 6.25 Review by ENGINEER ...... 4............ 4..........6.26, 6.27 related Work............................4............. 4..........6.28 submittal of....................................................0.24.2 submittal procedures ..................... 4...................0.25 Schedule of progress.............................2.6, 2.8-2.9, 6.6, .......................4...............6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals..............................2.6, 2.8-2.9, 6.24-6.28 Schedule of Values ......... 4.............4......2.6, 2.8-2.9, 14.1 Schedules -- Adherence to..........................4.......................15.2.1 Adjusting...........................................4............4..0..6 Change of Contract Times ............... 4.................10.4 Initially Acceptable.............................4........ 2.8, 2.9 Preliminary........................................................2.6 Scope of Changes .................................. 4.... 10.3-10.4 Subsurface Conditions........................................4.2.1.1 Shop Drawings -- and Samples, general ..... 4.1.......... 4............. 6.24-6.28 Change Orders & Applications for Payments, and ....... ..................................9.7-9.9 definition of......................................4..........4....1.35 ENGINEER's approval of......................4......... 3.6.2 ENGINEER's responsibility for review ..................................... 9.7, 6.24-6.28 related Work.....................................................6.28 review procedures....... 4.......................2.8, 6.24-6.2E Article or Paragraph Number submittal required...............................................6.24.1 Submittal Procedures ........................................ 6.25 use to approve substitutions..............................6.7.3 Shown or Indicated...............................................4.3.1 Site Access......................................................7.2, 13.2 Site Cleanliness......................................................0.17 Site, Visits to -- by ENGINEER .......................................... 9.2, 13.2 byothers..........................................................13.2 "special causes of loss" policy form, insurance ........................................................5.6.2 definition of.....................................................1.36 Specifications-- - defination of....................................................1.36 of Technical Societies, reference tp...................3.3.1 precedence......................................................3.3.3 Standards and Specifications of Technical Societies ........................................ 3.3 Starting Construction, Before..............................2.5-2.8 Starting the Work.....................................................2A Stop or Suspend Work -- by CONTRACTOR...........................................15.5 by OWNER ..................................... 8.8, 13.10, 15.1 Storage of materials and equipment .....................4.1, 7.2 Structural Loading, Safety ....................................... 6.18 Subcontractor -- Concerning ................................................ 6.8-6.11 definition of.....................................................1.37 delays.............................................................12.3 waiver of rights................................................6.11 Subcontractors --in general.................................6.8-6.11 Subcontracts --required provisiong......... 5.11, 6.11, 11.4.3 Submittals -- Applications for Payment.................................14.2 Maintenance and Operation Manuals .............. 14.12 Procedures.......................................................0.25 Progress Schedules......................................2.6, 2.9 Samples...................................................0.24-6.28 Schedule of Values.....................................2.6, 14.1 Schedule of Shop Drawings and Samples Submissions......................................2.6, 2.8-2.9 Shop Drawings ........................................ 6.24-6.28 Substantial Completion -- certification of ............................6. 30.2.3, 14.8-14.9 definition of.....................................................1.38 Substitute Construction Methods or Procedures..,,... 6.7.2 Substitutes and "Or Equal" Itemg...............................6.7 CONTRACTOR's Expense............................6.7.1.3 ENGINEER'S Evaluation.................................6.7.3 "Or-Equal"...................................................6.7.1.1 Substitute Construction Methods EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) xw 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 relathg 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 and Times Adjustments„.............4.2.6 Reports and Drawings ............................ . .......... 4.2.1 Subsurface and ................................................... 4.2 Subsurface Conditions at the Site...................4.2.1.1 Technical Data ................................................. 4.2.2 Supervision— CONTRACTOR's responsibility ........................... 6.1 OWNER shall not supervise .................... 8.9 ENGINEER shall not supervise,,,,,,,,,,,,,,,, 9.2, 9.13.2 Superintendence...................................................... 0.2 Superintendent, CONTRACTOR's resident................6.2 Supplemental costs .............................................. 11.4.5 Supplementary Conditions -- definition of.....................................................1.39 principal references to................1.10, 1.18, 2.2, 2.7, .......................4.2, 4.3, 5.1, 5.3, 5.4, 5.6-5.9, ................. .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, ..........................................6.24, 9.13, 14.12 Waiver of Rights...............................................6.11 Surety -- consent to final payment ......................... 14.12, 14.14 ENGINEER has no duty to,,,...... Notification of..................................10.1, 10.5, 15.2 qualification of ...................................... ....... 5.1-5.3 Survival of Obligations ........................................... 6.34 Suspend Work, OWNER May ...................... 13.10, 15.1 Suspension of Work and Termination-- .................. 15 CONTRACTOR May Stop Work or Terminate ....... .............. I.........................15.5 OWNER May Suspend Work ............................ 15.1 OWNER May Terminate.............................15.2-15.4 Taxes --Payment by CONTRACTOR .........................0.15 Technical Data -- Limited Reliance by CONTRACTOR .................4.2.2 Possible Price and Times Adjustmentg..............4.2.6 Reports of Differing Subsurface and Physical Conditions....................................4.2.3 xiv Temporary construction facilities .................. 4.1 Article or Paragraph Number Termination -- by CONTRACTOR...........................................15.5 by OWNER........................................8.8, 15.1-I5.4 of ENGINEER's employment ..................... $.2 Suspension of Work-in general ............... 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 .............. OWNER May Stop Work ................... ............ ..13.10 OWNER's independent testing,......._...,_,,,,, 13.4 special, required by ENGINEER .................... 9.6 timely notice required,,,,,,,,,,,,,,, Uncovering the Work, at ENGINEER's request.................................................13.8-13.9 Times -- Adjusting...........................................................6.6 Change of Contract..............................................12 Computation of ............................................... 17.2 Contract Times --definition of ...................... 1.12 day.........................................................17.2.2 Milestones..........................................................12 Requirements-- appeals..................................................9.10, 16 clarifications, claims and disputes..................9.11, 11.2, 12 Commencement of Contract Timeg................?.3 Preconstruction Conference,,,,,,,.,.. schedules.........................................2.6, 2.9, 6.6 Starting the Work..........................................2.4 Title, Warranty of ................................................... 14.3 Uncovering Work.............................................13.8-13.9 Underground Facilities, Physical Conditions -- definition of .................................................... AI Not Shown or 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 generall 1.9, 14.1, 14.5 Unit Prices-- generall1.3.1 Determination for ............................................. 9.10 Use of Premises ................... 6.16, 6.18, 6.30.2.4 Utility owners,.,,, ....... .....6.13, 6.20, 7.1-7.3, 13.2 Utilization, Partial...................1.28, 5.15, 6.30.2.4, 14.10 Value of the Work..............................................11.3 ..... Values, Schedule of ................. z.6, 2.8-2.9, 14.1 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) 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................................................0.30 Warranty of Title, CONTRACTOR's........................14.3 Work -- Accessto..........................................................1,3.2 byothers............................................................... 7 Changes in the.....................................................10 Continuing the..................................................6.29 CONTRACTOR May Stop Work or Terminate...............................................15.5 Coordination of. .................................................. 7.4 Cost of the.................................................11.4-11.5 definition of......................................................1.43 neglected by CONTRACTOR............................13.14 otherWork............................................................7 OWNER May Stop Work.................................13.10 OWNER May Suspend Work...................13.10, 15.1 Related, Work at Site....................................7.1-7.3 Starting the........................................................2.4 Stopping by CONTRACTOR.............................1.5.5 Stopping by OWNER ...... .... ........... ........."'15.1-15.4 Variation and deviation authorized, minor...........3.6 Work Change Directive -- claims pursuant to.............................................10.2 definition of......................................................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, .........................6.6.2, 6.8.2, 6.19, 10.1, 10.4, 11.2, 12.1, 13.12.2,14.7.2 Written Clarifications and Interpretations...................................3.6.3, 9.4, 9.11 Written Notice Required -- by CONTRACTOR............................7.1, 9.10-9.11, 10.4, 11.2, 12.1 ........................................... by OWNER ....................9..10-9.11, 10.4, 11.2, 13.14 xv EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) ,..� w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) (This page left blank intentionally) %°i EJCDC GENERAL CONDITIONS 1910-8 (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. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be perforated; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application for Payment —The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos —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. 1.6. Bidding Documents —The advertisement or invitation to Bid, instructions to bidders, the Bid forth, 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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edidw) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER'S written interpretations and clarifications issued pursuant to Paragraphs 3.5, 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 case 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 payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR —The person, firm or corporation with whom OWNER has entered into the Agreement. 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER'S recommendation of 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 indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER —The person, firm or corporation named as such in the Agreement. 1.18. ENGINEER'S Consultant —A person, firm or corporation having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order —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. 1.24. Milestone —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 ofAward—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, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilization —Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs —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, oil sludge, 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. 1.32.a. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 132 b Regular Working Hours —Regular working hours are defined as 7:00am to 6700om unless otherwise specified in the General Requirements. 1.33. Resident Project Representative —The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 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. Subcontractor —An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion —The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial 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, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to famish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. IAA. 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 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 furnishing labor and furnishing and incorporating materials and equipment into the construction, and perfomung or famishing services and famishing documents, all as required by the Contract Documents. 1.44. Work Change Directive -A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Written Amendment -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 nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2-PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies 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 Contract Times, Notice to Proceed. 2.3. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) 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 -0 eN'ent ill sAffunpass to FUR latef o£sb'o'iyee'in.... . Starting 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 from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 2.6.2.1. In no case will a schedule he accemable which allows less than 21 calendar days for each review by Engineer. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR And PlAq4ER shall eaeh deliver to the ether OWNER, with copies to idemi ed : the °• rr — �,di4ions ENGINEER, certificates of insurance (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5 ", `�-'. Preconstruction Conference: 2.8. Within twenty days after the Contract Times start to ran, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Initially Acceptable Schedules: 2.9. Unless otherwise provided in the Contract Documents, at least too Elays befeFe submission ef the first before any work at the site begins a conference attended by CONTRACTOR, ENGINEER and others as apprepriate designated by OWNER will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.6. and Division 1 - 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 Times, 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 and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3-CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent. 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concenting 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 EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to 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, specification, 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 such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shalt 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 paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty- first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT 7/96 Section 00100 Page 3 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3.4. Whenever in the Contract Documents the terms "as ordered" "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper' or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing Contract Documents: 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or EICDC GENERAL CONDITIONS I910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4). Reuse of Documents: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 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. of er filing a Faeet- OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so famished 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 easements, 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 and Physical Conditions: 4.2.1. 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 contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. 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 information contained in such reports or shown or indicated in such drawings, or 4.2.2.3. 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 require a change in the Contract Documents, or 4.2.3.3. differs materially from that shown or EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, premptly 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 623), notify. OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2A. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER'S findings and conclusions. 4.2.5. Possible Contract Documents Change: If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Times Adjustments: 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 change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 1 l .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 Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition 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. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical Conditions —Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents,(iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shawn 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, premptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and E]CDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles 1 I 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 ENGfNEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or 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. • LL• N. LI• .._ .- .. . ..1 . ... .... .. .. .. M. 1. •Y .. •. ... .. . ., ---------------- :: :.... • Y • • . E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the can -ant list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Deparunent. All Bonds signed by an agent must be accompanied by a certified copy of such agents 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. 53. Licensed Sureties and Insurers, Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or 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. AWI�6R ehaN 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 furnished 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 workers' compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 5.4.5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9, include as additional insureds (subject to any customary exclusion in respect of professional liability), OWNER, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective 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; EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall famish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWNER's Liability Insurance: 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, 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. Property Insurance. 0.eA 8 fidalism and .. lieieus f.e ..eh:ef' eaFdMuake, eellapse debFis e,l 1 h ffges of engineefs --a 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in idewified in the Supplementary Gendifiens. The .:elw less witWa sash iderAfied de lot EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) 10 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) • I.1 •. • 1. 1_ _.. . Cam_ f�}{{jj��•} ,. _ : _. Receipt and Application of Insurance 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 any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers AM, .f _e_.. Fed i nnfe- nrcn pfape fimme__e of r Acceptance of Bonds and Insurance, Option to Replace. 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the $ends-er insurance required to be Purchased and maintained by the eHher perry CONTRACTOR in accordance with Article 5 on the basis of nonconformance with the Contract Documents, the OWNER will notify CONTRACTOR in writing within ten fifteen days after reeeipt delivery of the certificates '--�ev;dene requested] to OWNER as requved by paragraph 2.1. Provided s t} �Y peft5 deea te er maintain u ef th. r FieF to the staft of -the ...t, 8911 0FdeF shall he isqiwd to adjust th -�T Partial Utilization —Property insurance: 5.15. If OWNER finds it necessary to occupy or use a Portion or portions of the Work prior to Substantial EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Completion of all the 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 Supervision and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and 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. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. CONTRACTOR shall submit requests to the ENGINEER no less than 48 hours in advance of any Work to be performed on Saturday Sunday Holidays or outside the Regular Working Hours 11 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall famish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the famishing, performance, testing, start-up and completion of the Work. 6 4 1 Purchasing Restrictions: CONTRACTOR must comply with the City's purchasing restrictions A cony of the resolutions are available for review in the offices of the Purchasing and Risk Management Division or the City Clerk's office. 6 4 2 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 bum hazardous waste as a fuel. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or-Equal"Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of s particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) 12 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be —' accepted by ENGINEER under the following circumstances: 6.7.1.1. "Or -Equal": If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the — proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient — information as provided below to allow ENGINEER to detemilne-that the item of material .J or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by J ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall fast make r written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified. The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and. available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, 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. CONTRACTOR' Expense. All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTORSs expense. 6.7.2. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation. ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR' expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. 6_8. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and 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 person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) 6_9. CONTRACTOR shall perform not less than 20 percent of the Work with its own forces that is without subcontractmet The 20 percent requirement 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. Tf—th- c.__I__ _. Bidding Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to famish the principal items of materials or equipment) to be submitted to OWNER 'in a date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGrNEER,--ed-r° GOw-U emmQo Las L OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of Ally 91,Ah Subeowmetnl,_��OF�fl OF Will constitute a condition of the Contract requiring the use of the named subcontractors suppliers or other Persons or organization on the Work unless prior wntten approval is obtained from OWNER and ENGINEER. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or Other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or famishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to 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 furnish to anv subcontractor supplier or other person or organization evidence of amounts paid to CONTRACTOR in accordance with CONTRACTOR'S "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 performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER `:,h._e. eF any stieh agFee teat N_. _H. _ N. ! �. • �ZL 711.17S.IIf!!f....... I��] Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or 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, ENGINEERS Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents. EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) 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 permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to famishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOWs compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15. 1 OWNER is exempt from Colorado State and local sales and use taxes on materials to be permanently incorporated into the project. Said taxes shall not be included in the Contract Price. Address: Colorado Department of Revenue State Capital Annex