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389648 A 1 CHIPSEAL - CONTRACT - BID - 5967 ASPHALT SLURRY SEAL PROJECT
SPECIFICATIONS AND CONTRACT DOCUMENTS FOR ,phalt Slurry Seal Project 2006 BID NO.5967 PURCHASING DIVISION 215 N RTH MASON STREET, 2ND FLOOR, FORT COLLINS April 18, 2006 - 3:00 P.M. (OUR CLOCK) 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of princip 1 subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. iIf 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 propose 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, suppliez or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNEF prior to the Notice of Award will be required in the performance of the Work. 11.0 BID 11.1. copy of the Bid Form is bound in the Contract Documents which may be etained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. id 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. 12/03 Section 00100 Page 4 within the control of a Subcontractor or Su 7 her shall be deemed tobe delays within the control ofCOM11RACTOR 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times ((or Milestones) due to del beyond the control of both or Milestones) and CONTRACTOR, an extension of the - Contract Times (or Milestones) at an ammum equal to the time lost due to such delay shalt be C ONTRACTOR'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 far or employee or agent of any of them; damages arising out of or resulting Iron for delays caused by or within the control of the CONTRACTOR, or (in) delays beyond the control of both parties hmluding, but not limited to, ties, floods, epidemics, abnormal weather conditions, acts of (rod or acts or neglect by utility owners or other contmo tors perform ing other work as contemplated by Article T ARTICLE 13—TFMS AND INSi'ECT'IQNS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEF£CTIYEWORK 111, Notiee ofDefeers: Prompt notice of all c )Waive Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR, All defeettve Work may be rejected corrected or accepted as provided in this Article 13. Aoxea to Work: 13.2. OITaNCI2 sTAtGI_NfiER 11VGIi3EER.'s Cosuhants other representatives and personnel of OWNER, independent tasting laboratories and governmental agertoios with jutisdictioxtal interests will have access to the Work at reaaerreblc times for their obsernbo t, inspecting and tasting. CONTRACTOR shelf %imidei them proper• and safe conditions for etoh Boom and advise them of CONTRACTOR's site safety, procedures and programs so that they may comply therewith as applicable. TawsandIaspaedoas 13.3 CONTRACTOR deaf! give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and tasting personnel to facilitate required inspections or tests 13.4. OWNER shall employ and pay for the sarvices of an independent testing laboratory to perform all. imspectxms, tens, or approvals required by the Contract. Documents except: 13.4,1 for inspections, tests or approvals covered by paragraph 13.5 below; 13AZ that cants incurred in connection with tests or inspections ooalucted pursuant to paragraph 139 W00, UE,'IRAL (VNDt110M 19108 (t 9" Edtim) cot (aTv OF FORT txn.taM M0t1 r•1aArioM tREv nrz0oc) below shall be paid as provided in said paragraph 11% and 13.4.3, as otherwise specifodly provided in the Contract Documents 13.5. If Lawlor Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected,. tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvsls pay all costs in connection therewith, and ftanish RNCIINEFR the required certificates of inspection, or approval, CONTRACTOR shall also be responsiblefor arranging and obtaining and shall pay all erns on connection with any unpeeticats, tests or approvals required for OWNER's and ENGINEEWs acceptance of materials or equipment to be ire operated in the Work or of materials, mix designs, be pmem sulnnittcaf for a oval prior to CQN CTOR's pttchasc durcnf far 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 writusn concurrence of ENGINEER, it must, if requested by ENGINEER, he uncovered for observation. 133. Lfncovcntg Work as provided in ptntgraph 13,6 shall be at MNTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOWs intention W cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work': 13.$. If any Work is covered contrar to the written request of E G] VEER, it mast iI requested by ENGINEER. be uncovered for LING INEER'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 oat tested by orb^ CONTRACTOR. at WEEWs mweK shell uncover, expme or othermse make available for observaborh, inspection or testing as ENGINEER may require, that portion of the Work h question, flunishing all naxssn•y labor, material and equipment If it is found that such Work is defecrfve, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from web unouveriryt, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of worts of others); and OWNER R ahall be entitled to an appropriate decrease in the Contact Rice, and. if the parties are unable to agree as to the amount thereoS may make a claim therefor as provided in Articled 1. It however, such Work is not Initial to be hf efte, CONTRACTOR shall he allowed an mcxeaswe in the Contract Price or an extension of the Contract Times (or lvfikmnes} or both direotiy attributable to such -7 uneoveri g, 0faX5lnre, observation, insfxt;uon, testing, replacement and recnitaruction; and, if the parties are unable to agree as to die amount or emert thereof, CONTRACTOR may make a claim thereriv m provided in Articles i I and 12. MATft bray SMop ttre Work: 13.10. If the Work is defective, or CONTRACTOR tails 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 confosm to the Contract Documents, OSWNFR may Order CONTRACTOR to st the Work, or any portion tl owL, until the cause for audit order has been ehmin med; however, this right of OWNER to stopp the Work shall not give rise to any duty on the part of OW to exen;ise this right fur the berne6t of CONTRACTOR or am, =cry or other party. Correction or Renrmwt ofllefecrive Wmik.• 13.11. if r&luired by ENGINEER, COIt"TRAC'TOR gall gvmptly, as directed either correct all dkfecxive Work, wh r or not fabricated, installed or compacted, or, if the Work has been rejected by ENGINEER, remove it from die site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, lasses and damages caused by or resulting from such correction or removal (uichiding but not limited to all costs of repair or replacement of work of others). 13.12, Correction Period. 13.12.1, If within one-year two_ycars after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations er by the terms of any applicable special guarantee required by the Contract Docurn ents or by any specific provision of the Contract Dociunents, nary Work is found to be deictiva, CONTRACTOR skroall promptly, without dot to OWNER and in accordance with OWI WR's written instructions: (i) correct such defective Work, or, d it has been rejected by OWNER, remove it from the site and replace it with Wok that is not cakfecrive, and (ii) satisfactorily Mittel or remove and replace any damage to Other Work or the work of others re miting therefrom, If CONTRACTOR does not promptly comply with the tams of such indructiom or in an emergency where dela would cause serious risk. of loss or dmuw- 0 may have the ckrfactive Work corrected or tht rejected Woirk removed and replaced, and Hit claims. costs, Ides and damages caused by or resulting front such removal and replacement (including but not limited to all o osts of repair or replacemenk of work of others) will Ix paid by CONIRAC,FOR, 13.12.2. in special circumstances where a particular item of equipment is placed in continuous service before Substamal Completion of all the Work, die correction period for that mean may start to run. from an earlier date if so provided in the Specifications or by Written Amendment 13,12.3. Where defective Work (and damage to other 28 EJCDCC.ERk M, CONIATIOMS 1930-snWHnitim) w7 crry OF FOaa' MJJMS MOprFa(-ArrONS %FV Al2nae) Work resulting t1mrabrotm) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be witend cl for an additional period of one-year t_wg_y us after such correction Or removal and replacement has been satisfactorily completer[. Acceparaceof&foclive Work- 13.13. If, instead of reyuirigg correction or removal slid replacement of defective Work, OWNER (and, prior to ENGINEER'S recommendation of fins[ payment, also ING113EER) prefers to accept it, OWNER may den so. CONTRACTOR shall pay all claims, casts, hosts and damages attributable to OWNER's evaluation of and determination to se pptt such defeeave Work (such costa to be approved by ENGIT1EE12 as to reasonablencs). If any such acceptance occurs prior to ENGINI3[Et's recommendation of foal payment, a Change Order will be issued incorporating the necessary revision in the Contract Documents with respect to the Wok.; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the es are unable to agree = to the amount. thereof,. OWNER may make a claim therefor as provided in Article 11. If the accepts= occurs alter su:b recommendation, an appropniate amount will be paid fry CONTRACTOR m OWNER. OWWR Atay Correct AefeedVe WaA:- 13,14. If CONTRACTOR fails within a rmsaneble time after written notice from ENGINEER to correct defeemv Work or to remove and replace rejected Work as requires by ENGINEER in accordance witparagraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Cotmet Documents, or if CONTRACTOR fails to comply, with any other provision of the C o taact Documeats. OWNER may. aRa seven days' written notice to CONTRACTOR, correct and remedy any such deflciatcy. In otercisitig the rights and remedies under this paragraph OWNER shall Proceed[ expeditiously, In connection with such corrective and remedial action, OWNER may endure CONTRACTOR from all or put of the site, take possession of all or part of the Work, and suspend C`ONTRACTORN services related thamq take possemion of CONTRACTOR's kiols, apfdiantes, cormucnon equipment and taftchlittery at the site end incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsowhat. CONTRACTOR shall allow OWNER, OWNER'S representstnem agents and empployees, 06t�'NER's other alitmctors and F.N01NE .. and FNOINEER's Consultants access to the site to enable OWNER to exercise the rtalits artd remedies miler this paragraph All claims, costs, (Uses aMl c�mages ineutred or sustained by OWNER in exaciarng such Mitts and remedies will be charged against WNTTRACTOR and a Change Order will be issued incorporating the ned swy revisions in the Contract Documents with raspedz to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract price, and, if the parties are unable to agree to the amount thereof, OWNER as may make a claim therefor as provided in Article 11. Such claunr, coats, loaves and damages will include but not be hmiW to all costs of repair at rcpla etncK t of work of others destroyed or dam, ed by correction, removal or replacement of Col CTORts d*fective Work. CONTRACTOR shall not be allowed an wacitsion of the Contract Times (or Milestones) bemuse of any delay in performance of the Work attributable to the ceercise by OWNM of OWNER's rights aril remedies hereunder, ARTICLE 1.4--PAP LINTS TO CONTRACTOR AND COXWLETTON Schedule of liafues. 14.1. The schedule of values established as provided in paragta h 2.4 will serve as the basis for progress payments and will abe incorporated imo a form of Application far Paymentaaeptbfe to ENGINEER. Progress payments an account of Unit Price Work will be based on the number of units completed. Application forPrvrgretrPayureut 14.2, At least twenty days before the date established for each progress payment (but not more often than once a mouth), CONTRACTOR shall submit to E4GINMER for review an Aication fox Pa mod filled out and signed by CONTRACTOR eaveri% flue Walk completed as of the date of the Application and accompanied by such supporting documeuaCttion 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 *a or at another location agreed to in writing, the Applicatieht 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 die materials and equipment are covered by appropriate property insurance and other arrangcmems to protect OWNER's interest therein. all of which will be satisfactory to OWNER. The amount of retaiutage with respect to progress payments will be as stipulated in the Agreement. Amoy fyPgjt ft are withheld by the OWNER shall not be subject to obstitutim by the CONTRACTOR Mtow&—�C��� nuthe benedPys_g Calexpdri Reutsc Sus ut fie t�iott 24 hl IQI, el. eey, CONTRACTOR`s Warranty ofTitte 14.3_ CONTRACTOR warrants and guarantees that title to all Work, matcrii& and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OW1,M no later than the time of payment free and clear of all Liens. Review ofApplicadawforProgrenPaymen 14.4, ENGINEER will, within ton days after receipt of each Application for Payment, either indicate in writing a MIX, CmE.*MAL CONUTIONS 1910.9 (19" Etltim ) wit 0 rY OF FORT COMIN.S WAXPICAT1Orta (RSV 4,? W1 rewromendation of payment and present the Application it) OWNER, or return the Applieationto 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 prmentatian at' the Application for Payment to O�A} E with ENGINEER's rewunmerdatiotr the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become duo and when due will be pail by OWNER to CONTRACTOR. 14.5. EN0lNRER's recommendation of any payment requested in an Application fur Payment will oashtute a representation by ENGINEER to OWNER, based on ENGMER's on -site observations of the executed Work earn expertenood and qualified designprolessional and on ENGINEER's review of the AAp�ppli�catton for Nymcnt and the accompanying data and avii�ules, that to the best of BNGINEER'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 fmnnctioning whole Prior to m upon Substantial Completion, to the results of any subsequent tests called for in flit Contract Documents, to a final determination of quantities and dassificaticns for unit Price Work under paragraph 9.10, and to any other qualificwtios stated to the recommendation), and 14.S.1 the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled irsofsr as it is ENOINEM responsibility to observe the Work. However, by recommending arty such payment LNG1NEIIR will not thereby be deemed to have represented that: () adaustive or continuous on -site mapecltons have been made to wreck the quality or the quantity of the Work beyond the raxptosibilities specifically assigned ENGINEER in the Contract D0cMerds or (ii that theta may not be other matte's or issues between the parties that might entitle CONTRAC"I'OR 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 C.ONTRAC7TOWs moans, methods, techniques, sequences or pro educes of co suudKo, or the safety pwatutions and Programs incident thereto, or for any failure of CONTRACTOR. to comply with Laws and Regulations applicable to the kintishing or performance of Work, or for any failure of CONTRACTOR to perform tr furnish 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 he incorrect to make the representations to 29 OWNER referred to in paragraph 14.5. E.NCIINEIR may also refuse to recommend any such payment, or, because of subsequently dixovered evidence ar the resuhs of subsequent inspections or tests, nullify any such payment previously recommerxW- to such extent as may be necessary in ENGTNL'ER's opinion to protect OWNER from lossbecause: 14.7.1. the Work is defective, or completed Work has been damaged requiring coireu'um or replacement, 1.4.72. the Contract Price has been reduced by Written Amendment or Change Order, 14.11 OWNER has been reT tred to correct defective Work or complete Work in accordance with paragraph 1114, or 14.7,4. ENGINEER has actual knowledge of die 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 againt OWNER on account of CONTRACCOR's performance or furnishing of the Work, 14.7k. Liens have been filed in connection with die Work, except where CONTRACTOR has delivered a specific Bond satisfaetory to OWNER to secure the saasfaetkka and discharge of stiob Lions, 14.7.7. there are other items entitling OWNER toa set- offagainsttheamountrcccaamanded or 14,71 OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7. t thttmgh 14.7.3 or paragraphs 15.2.1 thratgh 152.4 inclusive; but OWNER must give CONTRACTOR immedmte written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONMCTOR the amotut so withheld, ono any ac�ustmeat thereto agreed to by OWNER and CONTRACTOR, when. C'OMfRACTOR txrrecis to OWNTR's satisfaction the reasons for such action Substantial Completion: 14X When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall ratify OWNER and ENGINEER in writitt thaktle_ent' Work is substantially complete (except for items specifically listed by C'OINTRACfOR. as incomplete) and request that ENGiNETR issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER. CONTRACTOR and ENGUNTER stall snake an inspection of the Work to determine the status of completion. If ENO1NCER does not consider the Work substantially complete. ENGMER will notify CONTRACTOR m wrung giving the reasons therefor. If ENGINEER 30 ElCDC d37nP:6R A4 GOh`I)lStbC�14t0�8 GA%r Go4tipo} wi i, TYQFtC7RTCDn,7,nh'30.ftglnEt(7At7(7NS t1tfi4'413aaa) considers the Work substantialb, complete, ENCrtNEE`R will prepare and deliver to OWNER a tentative certificate of Substantial Completim 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 ppaayment. OWNI~R shall have seven days after receipt of dg tentative certificate during which to make written objection to ENGINEER as to arty provisions of the certificate or attached last. If, after consid" such objections, EN MMR corn hales that the Work is not substantially complete, I. NCYINEER. will within fourteert days after submission of the tentative certificate to OWNER notify C ONTRA("rOR in writing, stating the reasons therefor. If, after consideration of OWNBR's objections, ENGINTEER considers the Work substantially complete, F.V'C.TNhER will within said fouo= days execute and deliver to OWNER and COINTRACI'OR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or correct reflecting such changes tram the tentative certificate as &2�IGINEER believes justified alter crodaration of arty objasiois tinm OWNER_ At the time of delivery of the tentative certificate of Substantial (A-snpletion ENGINFIR 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 infarm Ftv GINEER in writing prior to ENG R's isssming the definitive certificate of Substantial Completion, ENGINFI R's aforesaid recommendation will be binding on OWNER and CONTR.ACI OR until final payment 149. OWNER shall have the rvjJ t to exclude CONTRACTOR from the Work afhor the date of Substantial Completion. but OWNER start allow CONTRACTOR reasonable access to complete or correct items out the tentative list Partial Utilization; 14.10. Use by OWNER at OWNER's option of arty substantially completed part of the Wolk, which: (�1) has specifically Mann idera ified m the Contract Duo umer or (d) OWNER, BNGiNEER and CONTRACTOR agm conimttutes a separately tundicrting and usable part of the Work that can be used by OWNER for its intended Purpose without swaficant "erference with C—ONTRACTOR's performance of the remairmder of the Wok, may be aocomplislmd prior to Substantial Completion of all the Work subject to the following: 14,10A,OWNER at any time may request CONTRACTOR in writing to pemmit OWNER to use any such part of the Work which OWNER believes to pie ready for its intended use and substantially camppleta. If CONTRACTOR agrees that such {{a?�rt of die tanork is substantially complete, CONTRACTOR will catify to OWNER and ENGINEER that stash N"cart of the Work is suNon Tally complete and request GINEER to issue a certificate of Substantial Completion for that part of the Work. (X)afTRACI'OR at any time may notify OWNER sing ENGINEER. in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request INGINEPR to issue a certificate of Subsantiai Completion for that. part of the Work. Within a reasonable time after either such request, OWMER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion If ENGINE. SR does not consider that paR of the Work to IV Substantially complete, ENG EP. will noti(v OWNER and CONTRACTOR in writing giving the reasons therefor ff HNGINEER considers that pan of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of resporsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to eonpliance with the requirements of paragraph 5.15 in respect of property nisurance. Finn! lealrecdan. 14,11. upon written notice from CONTRACTOR that the entire Wank or an agreed potion thereof is complete, ENGINEER will make a final ' tat with OWNER aril CONTRACTOR and will n!l CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or dtfiretive. CONTRACTOR shall immediately take such mei mires as are necessary in complete such work or remedy such deficiencies. ,Floral Application for• Payment: 1412. After CONTRACTOR has completed all such corrections to the satisfaction of hNGiNEER and delivered in accordance with the Contract Documents all mairaenanee and operating mstructiom schedules, guarantees, Bond-, certificates or other evidence of tnstttanee required by paragtacphm5.4, Certificates of inspection, marked up record cdkocnt rats (as provided in pamgmph6.19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The fmal Application for paymen' shall be accompanier! (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, (u)conset of the surety, if any, to rural payment, and (iii) compute and legally effective releases or waivers (satisfactory to OWNM) of all Limns arising out of or filed in connection with the '�'odr. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnisher receipts or releast; in full and affidavit of CONTRACTOR that: (t) the releases and receipts include all labor, services material and equipment for which a Lien could be filed, and (it) all payrolls, material and equipment bills, and other indebtedness connected with the. Work for which OWNER or OWNER'S property might in any way be responsible have been paid or otherwise satisftod If any Suboottraotor or Supplier tails MI)Gr3Y>S At.COPIMONSIgtoaarrvasttngt) M/ C.TTr OF FOat'(XAAAM MODIFICA DONS (REV AY2a(10) to fumoidt well a release or receipt in full, CONTRACTOR may furmah a Bond or other ox llatend satisfactory to OWNER to indemnify OWNER against any Lien Relewes or waivers of liens and the cmgent_gf the et f _ to be subm un orm confn into the format of the OWNER'S standard f�1s hottne, ,M,l ne PryjecY manual, Final Payment anndAeceptanee: 14.13. If, on the basis of FNOTMER's obxcrvation of the Work during construction and final inspection, and Rv`GINERR's review of the final Application for payment mid accompanying documentation as required by the Ctmiraet Documents, KNGINMM is satisfied that the Work has been completed and CONTR.A(TOR's other obligations tender the Contract Dummienas 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 .4pplicatiom to OWNER for payment. At the same timeIsNGINEER will also give written notice to OWNER and CONTRAaOR that ilia Work is acceptable Subject to ilia {prrevisions of Paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for rofu ' to recommend final paymem, in which case CONT CTOR "I make the necessary corrections and resubmitthe Application. Thirty days aft presentation to OWNER of the Application and accompanying documentation, in appropriate faun 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 CONTRACTORS 1Sn_...PI11=aBLal?!L 1� 5L s1(15 14.14. IC through no fault of CONTRACTOR, finat cam letion of the Work is significantly delayed and if' ENCsMP' so cmftms, OWNER shell, upon receipt of CONTRACTOR's final Application for payment and recommendation of ENGINEER, and without terminating the Agtoemem make payment of the balance due for that portiat of the Work fully completed and accepted. If the lentaitiirg balance to be held I: OWNER for Work not fully completed or corrected is less than the retaitage stipiAnted in the Agreement, and if Bonds have been furnidwd as requited in paragraph 5.1, the written c onxerit of the surety to the payment of the balance due for that portion of the Work frilly completed and accepted shall be Submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be male under the terms and conditions governing final payment, except that it shall not tmstitutc a waiver of claims. Walver ofClaha 14.15. 'rhe snaking anxl avocptarwe of final paymct will constitute: 14.15.1 a waiver of all claims by OWNER. against CONTRACTOR, except claims arising fiom unsettled liens, from *fective Work appearing after 31 final imsTctiorli pursuant to paragraph 14.11, from failure to comply with the Contract Doctiments or the. lenns oral ssppee��.ial guarantees specified therein, or from COI3TRAC10111s continuing, obligations under the Contract Documcnta; and 14.15.2.A waiver of all claims by CONI TRAM'OR against OWNER other Ulan those previously made in writinng, slid still unsettled. ARTICLE 15-SUSPEIiTSTON OF WORK AND TERMINA'ITON 0WNER Afar Smwrad Work- 15.1. At any time slid without cause, OWNER may suspend the Work or any portion thereof for a period o£nol moat than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the data on which Work will be remained. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR stall be allowed an adjustment in the Contract price or an extension of the Contract Times, or both, directly attributable to any such suspension if (X)NTRAt'rOR makes an approved claim therefor as provided in Articles i 1 and 12. OWWER Uay Termixare: 15,2, Upon the occurrence af.any one or more of doe following events: 15.2.1. if CONTRACTOR pax y tails to perform the Wok in accordance with thc�CaMtWM Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materiels or equipment or future to adhere to the progress schedule established under paragtapb29 as adjusted from time to time pumumt to paragraph 6.6), 15.2.2. if CONTRACTOR diaregards Laws or Regulations of any public body laving jurisdiction; 15.2.3. if C:ONTRA4'TOR disregards the authority of ENGINEER; or 152A. if CONTRACTOR otherwise violates in arty substantial way any provisions of the Contract Docunnenis: OWNER may, after giving CONTRACTOR (aid the suaaty, if any) seven days' written notice and to the extent permitted by Laws and P �ulations, terminate the services of CON' exclude CONI'RA('TOR from the site and take possession of the Work and of all CONTRACTOR's tools, applamses, 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 tre.ywss or cunvasion), incorporate in the Work all materials and Nuipamera storod at the site or for which OWNER has paid 32 U00CL3f".N ALCOiDtTlOM1910-mt1400ficmwf Wi CITY OF FORT eX') U NS MOINFiCATTONS {A6V A (NM) CONfRACfOR but which are %toted elsewhere, and finish the Work as OWNER may dealt enpedierd. 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, cots, losses and damages sustained by OWNER arising our of or resulting from ocmpleting the Work such excess will be paid to CONTRACTOR. If such claim 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 appFnvdl byEXIGLNKER inaarpomted inn Change Order, provided chat when exercising any rights or remedies ureter this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3, Where CONTRACTORs services have been so terminate! by OWNER, the termination will not affect aatrtuyy rights or ro medres of OWNER against C NTRACTOR than existing or which may thereader accrue. Any retention or eft of moneys due CONTRACTOR by Ow will no release CONTRACTOR from liability. 15.4. Upon seven days written notice to CONTRACTOR and 13NGI>`BER, 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 (with mt duplication of any liens): mu, for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of tetminatio m including fair and reasonable Batts for overhand and profit at such Work; 15.4.2. for expenses sustained prior to the affective date of tanlination in perfamtng services and furnishing labor, materials or equipment as required by the Contract Documents in connection with ur"M lded Work, plus lair and reasonable starts for overhead and profit on such expenses; 15.43 for all claims, casts, losses and damages mourred in settlement of unti ated comtraets with Subcortracioa , Suppliers and ofhei ,, and 15.4.4, for reasonable expenses directly attributable to termination. CONTRACTOR stall not be laid on aoount of loss of anticipated profits on revenue or other ccuauanic fuss mining out of or resulting from web termination. C(3N7 RACTOR May Slop Work or TarmINate : 15.5. 11 through no not or fault ofCONTRACT OR, hue Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or U.NGINE,M fails to act on any AM,licauon for Payment within thirty days alter it is submitted or OWNER fails for thirty days to pay CONTRACTOR any €tam finally dete pined to to date, then CQVI RACE OR may, upon seven rays' written notice to OWNER and ENUMNEER„ and provided OWNER or ENGINEER do not rettiedy such suspension or failure within that time_ terminate the Agreemem and recover from OWNER vmem on the same terms as provided in paragraph 15.4. Tn lieu of terminating the Agreement and without prejudice to any otter right or reanedy, if INOI v'EER has failed to act on an Application for Payment within thirty days after it is sttbnnitted, or OCiNER has faded for thirty days to pay CONTRACTOR any sum finally determined to be dud, CONTRACTOR may upon seven days' written notice to OWNER and IiNGINfUiR ssttoopp the Work umil payment of all such amounts due CON"I iiACTOR, including interest thereon. The provisions of this porn ph 15.5 are not intericted to prelude CONTRACTOR font making dawn under At1ides I f and 12 for an increase at Contract Price or Contract Tunes or otherwise for oTeriscs or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16--DIS1't "f E EtF.'Si3l,L"rION if and to the anent tint OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreemert, such dispute resolution method and procedure, If any, shall be as set ixdt in EhdubtGC-A, "Dispute Resolution Agreement", to be attached hereto and made a part hereof, if no such agreement on the method and procedure for rcxtivinq such disputes has been reached, and subject to the provisions of paragraphs9.10, 9,11 and 9.12, OWNER and COMRACTOR 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—blur ,CELLANEOUS oving Nance: 17.1 Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, "ap prepaid, W the last business address known to the finer of the notice. 171. Computmion ofTinte: 17.11. When arty period of turn 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 tx 1ast day of nn}`-s.uch od falls m a Saturday or Sunday ex on a �7 made a kgal hnlid.9v by the law of the applicable jurisdiction, such day will Foe omitted from the computation. WIX UFMAJ, COt"11ONS 1910-9 (19" Edrion) nICITY OF FORT GYr1A.M MODIFICA'nOt6S (Rrv4Q(10a) I T2.2 A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Nodee of Claim: ITT Should OWNER orCGNTR.ACTORsuffer uVury or damage to person or property because of arry error, ornission or act of the other parry or of any of the other party's employees ur agents or others for whose acts the other is legally liable, cant will be made in writing to the�er party within a reasonable time of the first observance of suds injury or damage. The provisions of this paragraph 17 3 stall not he construed as a substitute for or a waiver of the provisions of any applicable statute of limitations orepuse.Camatadve Revinhex: 17.4. 'the duties and obligations imposed by these General Corslitions and tit rights and remedies available hereunder to the parties hereto, and, in panictdar but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 6:30, 6.31, 6 32, 111,13.12,13.14, 14.3 and 15.2 and at of the rights and remedies available to OWNER. and FNG1NEER 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 theta which are otherwise imposed or available by Laws or Regulations by special wattrarty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated spe,iflcally in the Cbntrma Doatments in connection with each particular duty, obligaticar4 right and remedy to which they apply. Frmfesfasual Fees and Court' Cads lncludad 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 clarps of engineers, architects, attorneys and otter professionals and all corm or arbittatton or other daputeresolution costs. 17�4 ._VT P>gfeement Ra£ertinee to hw9 ttertitusm to n dotrtutes are as fbllowl .t7 � to � 1..I. 1?tF. 4 law(( RS 38 2b 107 to_vn d front all peymerrng to QQVTRACTO.R sufficiat fmtds to is a the pa}�4ne_ntofydl cl�nns--fc� labs tpa_+cri2ls Yeasn_hirc, systenari pr tnstons provender. or other sua»lies used or owisumeed by CONTRACTOR or In 33 sauroc�a.�uaA.co��rnUr� ta�oa naays�ww�� 34 wt Cl1Y OF POR7 fA.LIh MOAN77CAT ONS QiFVAhO(N) (This page left blank intentionally.) 80CDC(*-�"AL(OQNT OM 19104(194EkWW) 35 w/(ITY OF F(Mi1 Lt,ItYS M('RStFi ("A31QNS (ItF,V 42(I(n7} H)CtOC ODWRAL COMMONS 1910.8 (MO H(4tiai) 36 W O TY Of FORT (XAJAM MODIRCATIONS OLF V A CO 61 12.0 13.0 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. ids by partnerships must be executed in the partnership name and signed ty a partner, his title must appear under his signature and the officia address of the partnership must be shown below the signature. 11.5. ids by joint venture shall be signed by each participant in the joint v nture or by an authorized agent of each participant. The full name of leach 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 nu�bers 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. he address and telephone number for communications regarding the Bid shale be shown. BID PRICNG. Bids must be priced as set forth in the Bid Schedule or Schedules. SUBMISSION OF BIDS. 13.1. ids shall be submitted at the time and place indicated in the Invitati n to Bid and shall be enclosed in an opaque sealed envelope marked ith the Project title, Bid No., and name and address of the Bidder a Id accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidde s Qualifications, and Schedule of Subcontractors as required in Section 0430. If the Bid is sent through the mail or other delivery system, he sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13.2. B�ds 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 exte sion thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full res onsibility for timely delivery at the location designated for receipt f Bids. 13.3. O al, telephonic, telegraphic, or facsimile Bids are invalid and 12/03 1 Section 00100 Page 5 EXHIBIT GC -A it) General Conditions of the Construction Contract Between ©WIPER and CONTRACTOR UTSPL"TE RESOLUTION AGRMFXr OWNER and CONTRACTOR hereby agree that Article 16 of the Geneal Conditions of the Construction Contract between OWNFA and CONTRACTOR is amended to include the following agreement of the panics: 161 All claims, disputes and ether matters in question between OWNER. and CONTRACTOR arising out of ca rdat atg to the Cnaract Documents or the breach thereof (,except for claims which have been waived by the making or Acceptance of final payymment as provided by paragraph 14.15) will be dccfdcd by arbitration in accordance wide the Construction Industry Arbitration Rules of the American Arbitration Association then ubwininp;, 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 prevai ling law of any own having jurisdiction. W 2. No demand for Arbitration of arty claim, utc or odor matter that is required to be t� to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the state on which CNG1NM-.R has rendered a written decision or (h) tlx: thirty-first day alter the panics have presented their cc idence to M40INM if a written doolsfern has not been rendered by 1 N(JINEER 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 can which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.1 t: and the failure to demand arbitration within said thirty days' period will reach in ENGfNEER`s dod iat being fowl and binding upon OWNER and CONTRACTOR. If I-Nt3MRR. renders a decision after arbitration trs�t have been initiated, such decision may be entered a� edvidence but will not supersede the arbitration proceedings, accept where the decision is Acceptable to the parties concerned, No demand for arbitration of any written &cession of ENGTNFER rendered in accordance with paragraph 9,10 will be male inter than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.1 fl. 16.:9. Noliec of the demand for arbitration will lx filed in writing with the other party to the Agreement and with the ilmenc an Arbitration Association, acid a copy will be sent to LNG I� cER for information The demand for arbitration will be roads within the thirrttyy-day or tat -clay period spenifitd in paragraph 16,2 as applicable, and in all other cases within a reasonable time after die 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 proeaeduilp based on such clean, dispute or other matter in question would be barred by the applicable statute of li n tatiois. EJCT)C OUNTT:RAL CQNMIONS 191 M (I?:9a Feuer) cot 0TY or rc>Rr coLLirrs M01XF1CKrtozs (try ves) 16.4, Exo" as provided in paragraph 16.5 below, no arbitration arising out of or relating. to the Contract Docxanents shall iudcide by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other ixason or entity is necessary if complete relief is to be afforded among thctso 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 patties to the arbitration and which will arise in such proceedings, and 16.4.3, the written consent of the other ppeerson 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 un arbitration of any dispute not specifically described in such consent or to arbitration with arty party not specifically identified in such consem 16,5. Notwithsandvig paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontawkir, either OWNER or CONTRACTOR may join strch Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in sit subcontracts required by par"It 6,11 a specific provision whereby the Subcontractor consents to tieing 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 creme any claim, right or cause of action in favor of Subcontractor and agaimst OWNER, ENGINsEtR or ENGINEE Ws Consultants that does not otherwise exist. lb.b. '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 modificationor appeal. 16.7: OANE]t and CONTRACTOR Wee that they shall fast submit any and all unsettled clams, counterclaims, disputes And other matters in ognesion between them arising out of or relating to the Contract D umems or the breach tlivreof ("ttisputas"), to mediation lry the Amexiciur Arbitration Association, under the Construction Industry Modiation Rules of the American Arbitration Msociat%m prior to either of them initiating Against the other a demand for arbitration pursuant to paragraphs 16.1 through. 16.6, tmless delay in mitinling arbitration would irrevocably prejudice ore 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 submitterl to mediation within those same Applicable time limits and stall remain suspend d unlit 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. QC -Al R1CDC MQRAL CONDITIONS 19104 (1990.H6liao) W/ CITY OF PORT COLLINS MODIFICATIONS (REV W94) GC -Al SE SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-4.2 Subsurface and Physical Conditions: A. Add the following language to paragraph 4.2.1 of the General Conditions. 4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions at the site of the Work: Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. B. 4.2.1.2.1 No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph 4.3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following: 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: 7/96 Section 00800 Page 1 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL) . SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule zero (0) days lost due to abnormal weather conditions. 7/96 Section 00800 Page 2 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960 Application for Payment M.. SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: CONTRACTOR: PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 9. Change in Contract Time: ORIGINAL CONTRACT COST TOTAL APPROVED CHANGE ORDER TOTAL PENDING CHANGE ORDER TOTAL THIS CHANGE ORDER TOTAL % OF THIS CHANGE ORDER TOTAL'C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST (Assuming all change orders approved ACCEPTED BY: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing $ .00 0.00 0.00 0.00 $ 0.00 DATE: DATE: DATE: DATE: DATE: 9/99 Section 00950 Page 1 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract NUMBER DATE AMOUNT 1 2 3 Net Change by Change Order $0.00 The present status of the account for this Contract is as follows: Original Contract Amount: Net Change by Change Order: Current contract Amount: Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: Less Retainage: AMOUNT DUE THIS APPLICATION: CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. Date: yVy97/9b Section 00960 Page 1 $0.00 $0.00 $0.00 APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 7/96 Section 00960 Page 2 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00. $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 7/96 Section 00960 Page 3 will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly execute (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. W ithdrawn Bids may be resubmitted up to the time designated for the rec ipt of Bids provided that they are then fully in conformance with these I structions to Bidders. 15.0 OPENING$ 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 availab e after the opening of Bids. 16.0 BIDS TO,REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bid shall remain open for forty-five (45) days after the day of the Bid Ope ing, but OWNER may, in his sole discretion, release any Bid and return he Bid Security prior to that date. 17.0 AWARD O� CONTRACT. 17.1. �WNER reserves the right to reject any and all Bids, to waive any and all j 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. A so, 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 mak ee an award to that Bidder, whether because the Bid is not respons vor the Bidder is unqualified or of doubtful financial ability or fail to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the(correct sum thereof will be resolved in favor of the correct sum. 17.2. n 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. 12/03 1Section 00100 Page 6 STORED MATERIALS SUMMARY On Hand Received Installed Item Invoice Previous This This Number Number Description Application Period Period PAGE 4 OF 4 On Hand This Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 MOO $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 7/96 Section 00960 Page 4 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR ASPHALT SLURRY SEAL PROJECT BID NO. 5967 City of Fort Collins P! Url COMMITTED TO EXCELLENCE BID OPENING: Purchasing Division 215 North Mason Street, 2nd Floor, Fort Collins April 18, 2006 — 3:00 p.m. (Our Clock) 2006 ASPHALT SLURRY SEAL PROJECT GENERAL REQUIREMENTS INDEX SECTION 01010 Summary of Work 01040 Coordination 01310 Construction Schedules 01330 Survey Data 01340 Shop Drawings 01410 Testing 01510 Temporary Utilities 01560 Temporary Controls 01700 Contract Closeout 01800 Method of Measurement and Basis of Payment PAGE NUMBERS General Requirements 1-2 General Requirements 3-4 General Requirements 5-6 General Requirements 7 General Requirements 8-10 General Requirements 11-12 General Requirements 1..3 General Requirements 14-15 General Requirements 16 General Requirements 17 SECTION 01010 SUMMARY OF WORK 1.1 DESCRIPTION OF WORK A. A. This work shall consist of the placement of Type II asphalt slurry seal on residential streets and parking lots as shown in Section 3500, Project Map: B. Protection and Restoration. 1. Replace to equal or better conditions all items removed and replaced or damaged during construction. Restore all areas disturbed to match surrounding surface conditions. Also see tree protection standards. C. Construction Hours 1. Construction hours, except for emergencies, shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, unless otherwise authorized in writing by the Engineer. After hour equipment operation shall be in accordance with Section 1560. 2. Any work performed by the Contractor outside of the construction hours, whether or not authorized by the Engineer, shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover the Owner's costs in providing field engineering and/or inspection services because of such work. The cost for field engineering and inspection shall be $50.00 per hour. 1.2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES A. Notify private owners of adjacent property, utilities, irrigation canal, and affected governmental agencies when prosecution of the Work may affect them. B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to temporarily deny access or services. C. Contact utilities at least 48 hours prior excavating near underground utilities. D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of work schedule and any items which would affect their daily operation. E. Rick Richter and/or Erika Keeton will be the ENGINEER (Project Engineer/Manager). Rick Richter 970.221.6798 Mobile 970.222.1132 Erika Keeton 970.221.6605 Mobile 970.222.0787 Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's convenience. General Requirements - Page 1 of 17 UTILITIES Water: City of Fort Collins, Colorado 221-6700, Meter Shop 221-6759 Storm Sewer: City of Fort Collins, Colorado 221-6700 Sanitary Sewer: City of Fort Collins, Colorado 221-6700 Electrical: City of Fort Collins, Colorado 221-6700 Gas: Public Service Company of Colorado 482-5922,221-8553 Telephone: U.S. West Communications 484-0300,226-6310 Traffic Operations: City of Ft. Collins, Colorado 221-6608 Cable Television: Comcast 493-7400 *Utility Locates Under One -call System 1-800-922-1987 AGENCIES Safety: Occupational Safety and Health Administration (OSHA): 844-3061 Fire: Poudre Fire Authority Non -Emergency: 221-6581 Emergency: 911 Police: City of Fort Collins Police Department Non -Emergency: 221-65 50 Emergency: 911 Postmaster: US Postal Service: 225-4111 Transportation: Transfort: 221-6620 Traffic Engineering: 221-6608 END OF SECTION Larimer County Sheriffs Department: Non -Emergency: 221-7177 Ambulance: Poudre Valley Hospital Non -Emergency: 484-1227 Emergency: 911 General Requirements - Page 2 of 17 SECTION 01040 COORDINATION 1.1 GENERAL CONTRACTOR RESPONSIBILITIES A. Coordinate operations under contract in a manner which will facilitate progress of the Work. The Contractor shall also coordinate with the Landscape Contractor whose Work is separate from the General Contractor's contract. B. Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner of performance of operations which affect the service of such utilities, agencies, or public safety. C. Coordinate operations under contract with utility work to allow for efficient completion of the Work. D. Coordinate all operations with the adjoining property owners, business owners, and surrounding neighborhoods to provide satisfactory access at all times and keep them informed at all times. 1.2 CONFERENCES A. A Preconstruction Conference will be held prior to the start of construction. 1. Contractor shall participate in the conference accompanied by all major Subcontractors, including the Traffic Control Supervisor assigned to the project. 2. Contractor shall designate/introduce Superintendent, and major Subcontractors supervisors assigned to project. 3: The Engineer shall invite all utility companies involved. 4. The Utilities will be asked to designate their coordination person, provide utility plans, and their anticipated schedules. 5. The Engineer shall introduce the project Representatives. B. Additional project coordination conferences will be held prior to start of construction for coordination of the Work, refining project schedules, and utility coordination. C. Engineer may hold coordination conferences to be attended by all involved when Contractor's operations affects, or is affected by, the work of others. 1. Contractor shall participate in such conferences accompanied by Subcontractors as required by the Engineer. 1.3 PROGRESS MEETINGS A. Contractor and Engineer's Project Representatives shall schedule and hold regular progress meetings at least weekly and at other times as requested by the Engineer or required by the progress of the Work. B. Attendance shall include: 1. Contractor and Superintendent. 2. Owner's Representatives. 3. Engineer and Resident Project Representative. 4. Traffic Control Supervisor 5. Others as may be requested by Contractor, Engineer or Owner. General Requirements - Page 3 of 17 C. Minimum agenda shall include: 1. Review of work progress since last meeting. 2. Identification and discussion of problems affecting progress. 3. Review of any pending change orders. 4. Revision of Construction Schedule as appropriate. D. The Engineer and Contractor shall agree to weekly quantities at the progress meetings. The weekly quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall be final and shall be the basis for the monthly progress estimates. This process ensures accurate monthly project pay estimates. END OF SECTION General Requirements - Page 4 of 17 SECTION 01310 CONSTRUCTION SCHEDULES 1.1 GENERAL A. The contractor shall prepare a detailed schedule of all construction operations and procurement after review of tentative schedule by parties attending the pre -construction conference. This schedule will show how the contractor intends to meet the milestones set forth. 1. No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of delivery of equipment and materials. 1.2 FORMAT AND SUBMISSIONS A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual progress. B. Submit two copies of each schedule to Owner for review. 1. Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others. C. The schedule must show how the street, landscaping and various utility work will be coordinated. 1.3 CONTENT A. Construction Progress Schedule. 1. Show the complete work sequence of construction by activity and location. 2. Show changes to traffic control. 3. Show project milestones B. Report of delivery of equipment and materials. 1. Show delivery status of critical and major items of equipment and materials. 2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for equipment and materials, reference Section 01340. 1.4 PROGRESS REVISIONS A. Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when requested by Owner or Engineer, and with each application for progress payment. B. Show changes occurring since previous submission. 1. Actual progress of each item to date. 2. Revised projections of progress and completion. C. Provide a narrative report as needed to define: 1. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of others. General Requirements - Page 5 of 17 1.5 OWNER'S RESPONSIBILITY A. Owner's review is only for the purpose of checking conformity with the Contract Documents and assisting Contractor in coordinating the Work with the needs of the Project. B. It is not to be construed as relieving Contractor from any responsibility to determine the means, methods, techniques, sequences and procedures of construction as provided in the General Conditions. END OF SECTION General Requirements - Page 6 of 17 SECTION 01330 SURVEY DATA 1.1 SURVEY REQUIREMENTS A. The Owner will provide the construction surveying for street and landscaping improvements as needed. City Survey Crews will perform the surveying required. B. The Contractor must submit a survey request form to the City Surveyors a minimum of 48 hours prior to needing surveying. C. If the requested surveying cannot be accomplished in the time frame requested by the Contractor, the survey personnel shall notify the Contractor with the date on which the requested work will be completed. D. Should a sudden change in the Contractor's operations or schedule require the survey personnel to work overtime, the Contractor shall pay the additional overtime expense. E. The Contractor shall protect all survey monuments and construction stakes. If it is unavoidable to remove a survey monument or construction stakes, the Contractor is responsible for notifying the Surveyor and allowing enough time for the monuments or stakes to be relocated. The Contractor will be responsible for the cost of re -staking construction stakes and for the cost of re-establishing a destroyed monument. F. The Contractor shall be responsible for transferring the information from the construction stakes to any necessary forms and for constructing all pipelines, drainage ways, pavements, inlets, walls, and other structures in accordance with the information on the stakes and grade sheets supplied by the Owner. END OF SECTION General Requirements - Page 7 of 17 17.3. 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, aintenance 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. bWNER 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 i accordance with the Contract Documents to OWNER's satisfaction within � he prescribed time. 17.5. f the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER t at 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 ofmoremore 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 Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The Gen�ral Conditions and the Supplementary Conditions set forth OWNER's require ents as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompa ied by the required Contract Security. 19.0 SIGNINGIOF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompa ied by the required number of unsigned counterparts of the Agreeme t 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 i� exempt from Colorado State Sales and Use Taxes on materials and 12/03 1Section 00100 Page 7 SECTION 01340 SHOP DRAWINGS 1.1 GENERAL A. Submit Shop Drawings, Samples, and other submittals as required by individual specification sections. 1. Engineer will not accept Shop Drawings or other submittals from anyone but Contractor. B. Schedule: Reference Section 01310, Construction Schedules. Submittals received by Engineer prior to the time set forth in the approved schedule will be reviewed at any time convenient to Engineer before the time required by the schedule. C. Any need for more than one re -submission, or any other delay in obtaining Engineer's review of submittals, will not entitle Contractor to extension of the Contract Time unless delay of the Work is directly caused by failure of Engineer to return any scheduled submittal within 10 days after receipt in his office of all information required for review of the submittals or for any other reason which prevents Engineer's timely review. Failure of Contractor to coordinate submittals that must be reviewed together will not entitle Contractor to an extension of Contract Time or an increase in Contract Price. D. Resubmit for review a correct submittal if errors are discovered during manufacture or fabrication. E. Do not use materials or equipment for which Shop Drawings or samples are required until such submittals, stamped by Contractor and properly marked by Engineer, are at the site and available to workmen. F. Do not use Shop Drawings which do not bear Engineer's mark "NO EXCEPTION TAKEN" in the performance of the Work. Review status designations listed on Engineer's submittal review stamp are defined as follows: 1. NO EXCEPTION TAKEN Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work. Contractor is to proceed with fabrication or procurement of the items and with related work. Copies of the submittal are to be transmitted for final distribution. 2. REVISE AS NOTED Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work in accordance with Engineer's notations. Contractor is to proceed with the Work in accordance with Engineer's notations and is to submit a revised submittal responsive to notations marked on the returned submittal or written in the letter of transmittal. REJECTED Signifies material or equipment represented by the submittal does not conform with the design concept or comply with the information given in the Contract Documents and is not acceptable for use in the Work. Contractor is to submit submittals responsive to the Contract Documents. General Requirements - Page 8 of 17 4. FOR REFERENCE ONLY Signifies submittals which are for supplementary information only; pamphlets, general information sheets; catalog cuts, standard sheets, bulletins and similar data, all of which are useful to Engineer or Owner in design, operation, or maintenance, but which by their nature do not constitute a basis for determining that items represented thereby conform with the design concept or comply with the information given in the Contract Documents. Engineer reviews such submittals for general information but not for substance. 1.2 SHOP DRAWINGS A. Include the following information as required to define each item proposed to be furnished. 1. Detailed installation drawings showing foundation details, and clearances required for construction. 2. Relation to adjacent or critical features of the Work or materials. 3. Field dimensions, clearly identified as such. 4. Applicable standards, such as ASTM or Federal Specification numbers. 5. Drawings, catalogs or parts thereof, manufacturer's specifications and data, instructions, performance characteristics and capacities, and other information specified or necessary: a. For Engineer to determine that the materials and equipment conform with the design concept and comply with the intent of the Contract Documents. b. For the proper erection, installation, and maintenance of the materials and equipment which Engineer will review for general information but not for substance. c. For Engineer to determine what supports, anchorages, structural details, connections and services are required for materials and equipment, and the effect on contiguous or related structures, materials and equipment. 6. Complete dimensions, clearances required, design criteria, materials of construction and the like to enable Engineer to review the information effectively. B. Manufacturer's standard drawings, schematics and diagrams: 1. Delete information not applicable to the Work. 2. Supplement standard information to provide information specifically applicable to the Work. C. Format. 1. Present in a clear and thorough manner. 2. Minimum sheet size: 8 2" x 11". 3. Clearly mark each copy to identify pertinent products and models. 4. Individually annotate standard drawings which are furnished, cross out items that do not apply, describe exactly which parts of the drawing apply to the equipment being furnished. 5. Individually annotate catalog sheets to identify applicable items. 6. Reproduction or copies of portions of Contract Documents: a. Not acceptable as complete fabrication or erection drawings. b. Acceptable when used as a drawing upon which to indicate information on erection or to identify detail drawings. 7. Clearly identify the following: a. Date of submission. b. Project title and number. c. Names of Contractor, Supplier and Manufacturer. d. Specification section number, specification article number for which items apply, intended use of item in the work, and equipment designation. e. Identify details by reference to sheet, detail, and schedule or room numbers shown in the Contract Documents. f. Deviations from Contract Documents. General Requirements - Page 9 of 17 g. Revisions on re -submittals. h. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria, and coordination of the information within the submittal with requirements of the Work and the Contract Documents. 1.3 SUBMISSION REQUIREMENTS A. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Minimum number required: 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 - Page 10 of 17 SECTION 01410 TESTING 1.1 GENERAL A. Provide such equipment and facilities as the Engineer may require for conducting field tests and for collecting and forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment are found to be acceptable. Any product which becomes unfit for use after approval hereof shall not be incorporated into the work. 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 of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM). D. Where additional or specified information concerning testing methods, sample sizes, etc., is required, such information is included under the applicable sections of the Specifications. Any modification of, or elaboration on, these test procedures which may be included for specific materials under their respective sections in the Specifications shall take precedence over these procedures. 1.2 OWNER'S RESPONSIBILITIES A. Owner shall be responsible for and shall pay all costs in connection with testing for the following: 1. Soil tests, except those called for under Submittals thereof. 2. Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner. 3. Concrete test, except those called for under Submittals thereof. 1.3 CONTRACTOR'S RESPONSIBILITIES A. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible for and shall pay all costs in connection with testing required for the following: 1. All performance and field testing specifically called for by the specifications. 2. All retesting for Work or materials found defective or unsatisfactory, including tests covered under 1.2 above. 3. All minimum call out charges or stand by time charges from the tester due to the Contractor's failure to pave, pour, or fill on schedule for any reason except by action of the Engineer. B. Contractor shall notify the Project Engineer 48 hours prior to performing an operation that would require testing. 1.4 CONTRACTOR'S QUALITY CONTROL SYSTEM A. General: The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of Work, including that of his subcontractors, to ensure conformance to the functional performance of this project. This control shall be established for all construction except where the Contract Documents provide for specific compliance tests by testing laboratories or engineers employed by the Owner. The Contractor=s control system shall specifically include all testing required by the various sections of these Specifications. General Requirements - Page 11 of 17 B. Superintendence: The Contractor shall employ a full time Superintendent to monitor and coordinate all facets of the Work. The Superintendent shall have adequate experience to perform the duties of Superintendent. C. Contractor's quality control system is the means by which he assures himself that his construction complies with the requirements of the Contract Documents. Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction schedule. D. Records: Maintain correct records on an appropriate form for all inspections and tests performed, instructions received from the Engineer and actions taken as a result of those instructions. These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or test, nature of defects, causes for rejection, etc.) proposed or directed remedial action, and corrective action taken. Document inspections and tests as required by each section of the Specifications. Provide copies to Engineer weekly. END OF SECTION General Requirements - Page 12 of 17 SECTION 01510 TEMPORARY UTILITIES 1.1 UTILITIES A. Furnish all utilities necessary for construction. B. Make arrangements with Owner as to the amount of water required and time when water will be needed. 1. Meters may be obtained through the Water Utility Meter Shop at 221-6759 2. Unnecessary waste of water will not be tolerated. C. Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor. 1.2 SANITARY FACILITIES A. Furnish temporary sanitary facilities at each site for the needs of construction workers and others performing work or furnishing services on the Project. B. Properly maintain sanitary facilities of reasonable capacity throughout construction periods. C. Enforce the use of such sanitary facilities by all personnel at the site. D. Obscure from public view to the greatest practical extent. END OF SECTION General Requirements - Page 13 of 17 SECTION 01560 TEMPORARY CONTROLS 1.1 NOISE CONTROL A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated areas. B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. C. Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 a.m. 1.2 DUST CONTROL A. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing. B. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist with water or by application of a chemical dust suppressant. 1. Chemical dust suppressant shall not be injurious to existing or future vegetation. 1.3 POLLUTION CONTROL A. Prevent the pollution of drains and water courses by sanitary wastes, concrete, sediment, debris and other substances resulting from construction activities. 1. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site. 2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts. 1.4 EROSION CONTROL A. Take such measures as are necessary to prevent erosion of soil that might result from construction activities. 1. Measures in general will include: a. Control of runoff. b. Trapping of sediment. c. Minimizing area and duration of soil exposure. d. Temporary materials such as hay bales, sand bags, plastic sheets, riprap or culverts to prevent the erosion of banks and beds of watercourses or drainage swales where runoff will be increased due to construction activities. B. Preserve natural vegetation to greatest extent possible. C. Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion. D. Comply with the City' of Fort Collins' Storm Drainage Erosion Control Manual. General Requirements - Page 14 of 17 1.5 TRAFFIC CONTROL A. Maintain traffic control in accordance with the "Manual of Uniform Traffic Control Devices" (MUTCD), the City of Fort Collins "Work Area Traffic Control Handbook," and the current "Larimer County Urban Area Street Standards." In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. 1.6 HAUL ROUTES The Engineer reserves the right to set haul routes in order to protect pavements, both new and old, from heavy loads. These pavements may include, but are not limited to, recently constructed pavements, recently overlaid pavements, and/or pavements whose condition would be significantly damaged by heavy loads. END OF SECTION General Requirements - Page 15 of 17 SECTION 01700 CONTRACT CLOSEOUT 1.1 CLEANING AND RESTORATION A. Return the premises and adjacent properties to conditions existing or better than existing at the time the work was begun. This will include providing labor, equipment and materials for cleaning, repairing and replacing facilities damaged or soiled during construction. The Engineer will be the judge of the degree of restoration required. 1.2 PROJECT RECORD DOCUMENTS A. Maintain on the job site, and make available to the Engineer upon request, one current marked -up set of the drawings which accurately indicate all approved variations in the completed work that differ from the design information shown on the drawings. Further, these drawings should reflect all underground obstacles encountered. B. These record drawings along with any survey records, photographs and written descriptions of said work as may be required by the Engineer shall be submitted prior to project acceptance. END OF SECTION General Requirements - Page 16. of 17 SECTION 01800 METHOD OF MEASUREMENT AND BASIS OF PAYMENT 1.1 DEFECTIVE WORK A. Owner will not pay for defective work and will not pay for repair or additional work required to bring the project to a point of acceptance. 1.2 BID PRICE A. The Total Bid Price covers all Work required by the Contract Documents. All work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included in the prices bid for the various items of Work. B. Prices shall include all costs in connection with the proper and successful completion of the Work, including furnishing all materials, equipment and tools; and performing all labor and supervision to fully complete the Work. C. Unit prices shall govern over extensions of sums. D. Unit prices shall not be subject to re -negotiation. 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 - Page 17 of 17 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. ProvisiTns 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 f the resolutions are available for review in the Purchasing and Risk Management Division or the City Clerk's office. A. Ce ent Restrictions: City of Fort Collins Resolution 91-121 re uires that suppliers and producers of cement or products co taining cement to certify that the cement was not made in cement ki ns that burn hazardous waste as a fuel. 23.0 COLLUSIVE OR SHAM BIDS. Any Bid-1 id deemed by the City in its sole discretion to be a collusive or sham Bi will be rejected and reported to authorities as such. Your authori ed signature of this Bid assures that such Bid is genuine and is not a c 1lusive or sham Bid. 24.0 BID For inf addresse Bid rest the Bid S. rmation regarding results for individual Bids send a self- 3, self -stamped envelope and a Bid tally will be mailed to you. Lts will be posted in the Purchasing office seven (7) days after )pening. END OF SECTION 12/03 Section 00100 Page 8 SECTION 02000 PROJECT SPECIFICATIONS The Colorado Division of Transportation "Standard Specifications for Road and Bridge Construction", 2005, and the current version of the Larimer County " Vrban Area Street Standards", (hereafter referred to as the "Standard Specifications") are made a part of this Contract by this reference, except as revised herein, and are hereby adopted as the minimum Standard Specifications of Compliance for this project. In those instances where the Standard Specifications conflict with any of the provisions of the preceding Sections, the preceding Sections shall govern. INDEX OF REVISIONS SECTION 104 Traffic and Parking Control 105 Inspection of Work 105 Maintenance During Construction 108 Prosecution and Progress 409 Asphalt Slurry Seal 630 Traffic Control Devices REVISION OF SECTION 104 TRAFFIC AND PARKING CONTROL Section 104 of the Standard Specifications is hereby revised as follows: Subsection 104.04 shall include the following. It shall be the Contractor's responsibility to clear parking from the streets when such parking will interfere with the work. Prior to work that requires the street(s) to be closed to parking and/or traffic, the street(s) shall be posted for "NO PARKING". The placement of these signs shall take place at least 24 hours prior to the commencement of work and shall clearly show the type of work, and the day, date and times that the message on the sign is in effect. (For example, if a street is to be patched on Wednesday, July 2, the street shall be posted no later than Tuesday, July 1, by 7:00 a.m. with a sign that reads similar to "NO PARKING, WEDNESDAY, JULY 2, 7:00 A.M. TO 6:00 P.M., PATCHING.) See sample "NO PARKING" sign. "NO PARKING" signs shall remain in place until the street is opened to traffic and all clean up operations completed. All information on the "NO PARKING" signs, with the exception of the date, shall be in block letters permanently affixed to the sign. Any information added to a sign, such as dates, shall be clearly legible and written in block style letters. The "NO PARKING" signs shall be in effect for one or two days only. Any work done by the Contractor without traffic control will not be paid for under the terms of this Contract. The Contractor will not be paid for traffic control costs incurred during Contractor caused delays. At or near the end of each work day, a representative of the Contractor, the Traffic Control Supervisor, and the Engineer will meet to discuss the progress of the work and the placement of traffic control devices including "NO PARKING" signs. Any necessary adjustments shall be made. The Contractor shall also review at this time with the Engineer the proposed means of handling parking and traffic control for upcoming work. It is the responsibility of the Contractor to minimize any inconvenience to the public as a result of this work. At the above referenced meeting, the quantity of traffic control devices used that day shall be agreed upon by the Contractor and the Engineer. The Contractor shall utilize forms approved by the Engineer for the tabulation of Traffic Control Devices utilized. The Contractor shall maintain access at all times to all businesses within the project. Any changes in the traffic control, including additional signs, barricades, and/or flaggers needed in the field shall be immediately implemented as directed by the Engineer. The cost for traffic control is covered in "Revision of Section 630, Traffic Control Devices" found herein Project Specifications — Page 1 of 24 NO PARKING Wed .ivy 7 7:OOAM-6:00PM PATCHING Project Specifications — Page 2 of 24 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 construction operations to facilitate scheduling of required inspection, measuring for pay quantities, and sampling. The Contractor shall notify the Engineer a minimum of 24 hours in advance of starting any construction operation that wilt 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 24 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 opportunity, but in no case shall the area be left uncleaned after the completion of the day's work. All material swept or blown onto sidewalks, all trash, all discarded slurry seal material, or other refuse shall be collected on a daily basis, removed from the site, and disposed of to a site approved by the Engineer. It shall be the Contractor's responsibility to provide the necessary manpower and equipment to satisfactorily clean the roadway area. The Contractor shall utilize a combination of pick-up brooms, side brooms and/or other equipment as needed to clean the streets prior to slurry application. All sweeping and clean up equipment shall be approved by the Engineer prior to the commencement of work. The Contractor shall maintain the streets during the construction process as prescribed above. If a street requires additional sweeping by municipal forces, the Owner shall deduct from compensation due the Contractor sufficient funds to cover the Owner's cost to provide said service. All cost of maintaining the work during construction and before the project is accepted will not be paid for separately, but shall be included in the work. All applied slurry surfaces shall be swept by an approved vacuum style sweeper to remove any excess raveled material which becomes dislodged from the street surface after five (5) calendar days, or as directed by the Engineer, and again after 30 calendar days, or as directed by the Engineer.. Any dislodged material which has migrated to gutters, sidewalks, and driveways shall be removed at this time. Dislodged material shall be disposed of to a site approved by the Engineer. Excessive raveling, as determined by the Engineer, shall be swept by the Contractor at no additional cost to the Owner. Sweeping shall be paid for per complete sweeping of all surfaces, and shall include blowing or sweeping of gutters, sidewalks and driveways as necessary. Payment shall include all equipment, labor, materials, overhead, incidentals and mobilization required to complete the work as described in the specifications. "NO PARKING" signs shall be placed at least 24 hours prior to sweeping, as needed. The City of Fort Collins will pay for "NO PARKING" signs at the contract unit price for "No Parking Sign with Stand." "NO PARKING" signs for Larimer County work will not be measured or paid for separately, but shall be included in the unit price for Construction Zone Traffic Control. PAY ITEM UNIT 105.10 City of Fort Collins Sweeping -All street surfaces Each 105.20 City of Fort Collins Sweeping - All parking lot surfaces Each 105.30 Larimer County Sweeping— Highland Hills Area Each 105.40 Larimer County Sweeping— Saddleback Area Each Project Specifications — Page 4 of 24 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised as follows: Subsection 108.04 shall include the following: The City of Fort Collins slurry seal application shall be completed within the following calendar months: It is the intent of this project to be completed within twenty five (25) working days after work commences for the City of Fort Collins as described below: • Fifteen (15) consecutive working days will be allotted for construction. • Five (5) consecutive working days will be allotted for the first sweeping operation. See Revision of Section 105, Maintenance During Construction • Five (5) consecutive working days will be allotted for the second sweeping operation. See Revision of Section 105, Maintenance During Construction • Failure to meet the working days described above, or failure to commence sweeping at the described intervals shall result in damages assessed against the Contractor as described in Article 3 of the Agreement, Contract Times. • Delays and extensions of time are described in the General Conditions. The Larimer County slurry seal application shall be completed within the following calendar months: JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC It is the intent of this project to be completed within eleven (11) working days after work commences for Larimer County as described below. • Five (5) consecutive working days will be allotted for construction. • Three (3) consecutive working days will be allotted for the first sweeping operation. See Revision of Section 105, Maintenance During Construction. • Three (3) consecutive working days will be allotted for the second sweeping operation. See Revision of Section 105, Maintenance During Construction. • Failure to meet the working days described above, or failure to commence sweeping at the described intervals shall result in damages assessed against the Contractor as described in Article 3 of the Agreement, Contract Times. • Delays and extensions of time are described in the General Conditions. Project Specifications — Page 5 of 24 REVISION OF SECTION 409 ASPHALT 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 water, and specific additives proportioned, mixed and uniformly spread on the properly prepared surface of the streets as specified herein and as directed by the Engineer. The slurry, when cured, shall have a homogeneous appearance, fill all cracks, adhere firmly to the adjacent surface, and have skid resistant texture. MATERIALS 409.02 Asphalt Emulsion The emulsified asphalt shall conform to Grade CQS-IHL (Cationic Quick Setting Emulsified Asphalt with Latex Polymer) as specified in ASTM D977 and D2397 (Specification for Emulsified Asphalt and Cationic Emulsified Asphalt), except that the residual asphalt having a penetration of 40 - 90 shall constitute at least 60 percent of the emulsion by weight, and that the Saybolt Furol Viscosity of the emulsion at 77' F (25' C) shall not exceed 50 seconds. Slow setting emulsions may not be used. CQS-1 HL shall bean emulsified blend of asphalt, water, and styrene-butadiene rubber (SBR) latex and emulsifiers. The emulsion shall be pumpable and suitable for use in slurry seal mixing and spreading equipment, and suitable for application through a distributor truck. The emulsion shall contain a minimum of two percent (2%) by weight of SBR polymer solids based on weight of residual asphalt. The polymer shall be added as SBR laytex by high shear mixing by co -milling or post -milling. Each load of emulsified asphalt shall be accompanied with a certificate of analysis/compliance and submitted to the Engineer to assure that it is the same as that used in the mix design. 409.03 Aggregate The mineral aggregate shall consist of natural or manufactured sand, slag, crusher fines, and others, or a combination thereof and be gray in color. The aggregate shall be 100% crushed. Smooth -textured sand of less than 1.25% water absorption shall not exceed 50% of the total combined aggregate. The aggregate shall be clean and free from organic matter and other deleterious substances. When tested in accordance with AASHTO T176 or ASTM A2419 (Sand Equivalent Value of Soils and Fine Aggregates), the aggregate shall have a sand equivalent of not less than 65. When tested according to AASHTO T104, or ASTM C88 (Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulphate), the aggregate shall show a loss of not more than 15% using NA,SO4, or 25% using MgSO4. When tested according to AASHTO T96, or ASTM C 131(Resistance to Abrasion of Small Size Coarse Aggregate by Use of the Los Angeles Machine), the aggregate shall show a loss of not more than 20%. Mineral fillers such as Portland cement, limestone dust, lime, fly ash, and other approved fillers shall be considered as part of the blended aggregate, used in the minimum amount required, and manufactured in the project year. Cost of mineral fillers, if used, is to be included in the unit price of the slurry seal and shall not be paid for separately. They shall meet the gradation requirements of AASHTO M17 or ASTM D242 (Mineral Filler for Bituminous Paving Mixtures). Mineral fillers shall be used for one or more of the following reasons only: Project Specifications — Page 6 of 24 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): SIEVE SIZE PERCENT PASSING TYPE II 3/8" ( 9.5 mm) 100 No. 4 (4.75 mm) 90 - 100 No. 8 ( 2.36 mm) 65 - 90 No. 16 ( 1.18 mm) 45 - 70 No. 30 ( 600 um) 30 - 50 No. 50 ( 330 um) 18 - 30 No. 100 ( 150 um) 10 - 20 No. 200 ( 75 um) 5 - 15 The Contractor shall submit a Certificate of Compliance from the intended aggregate producer. This certificate shall verify that the material conforms to the applicable Project Specifications and Revision of Section 409, Asphalt Slurry Seal. This certificate shall be supplemented by laboratory test data performed by an independent testing laboratory at no expense to the Owner. 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 first tested by the laboratory preparing the mix design and approved by the Engineer. 1. Mix Design The qualified laboratory shall develop the job mix design and present certified test results for the Engineers 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 24 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. TEST PURPOSE METHOD SPECIFICATION Slurry Seal Consistency ISSA T106 2 - 3 cm Excess Asphalt ISSA T109 50 g/ft2 max (538 g/M2 max) Wet Stripping Test ISSA T114 Pass (90% min) Compatibility ISSA T115 Pass* Quick Set Emulsion ISSA T102 Pass** Wet Track Abrasion ASTM D3910 1 Hour Soak Loss 50 g/ft'- max (538 g/m2 max) 6 Day Soak Loss 75 g/ft'- max (807 g/m2 max) * Mixing tests must pass at the maximum expected air temperature. ** Using specific job aggregate and emulsion content. Project Specifications — Page 8 of 24 REVISION OF SECTION 409 ASPHALT SLURRY SEAL The laboratory shall further report the quantitative effects of moisture content on the unit weight of the aggregate (Bulking effect). The laboratory report must clearly show the proportions of aggregate, mineral filler (minimum and maximum), water (minimum and maximum), additive(s) (usage), and asphalt based on the dry aggregate weight. A current and complete laboratory analysis and test report, accompanied by abraded and unabraded slurry test samples, shall be submitted by the Contractor at least two weeks prior to commencement of any work. If the Contractor performs this testing, the Engineer or his representative shall be allowed to observe all testing. 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. 3. While puddles of water remain on the surface to be coated. The Contractor is responsible for repairing or replacing any surfaces damaged by weather. 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. Project Specifications — Page 9 of 24 SECTION 00300 BID FORM REVISION OF SECTION 409 ASPHALT SLURRY SEAL 1. Slurry Mixing Equipment The slurry mixing machine shall be a double shafted continuous flow mixing unit, capable of delivering accurate predetermined proportions of aggregate, water and asphalt emulsion to a revolving spiraled multi blade, double shafted, spiraled mixer tank, and of discharging the thoroughly mixed product on a continuous basis. The machine shall be equipped with a hydraulically controlled steel pugmill gate for positive discharge operations. Discharge from the pugmill shall be controlled by a chute or other suitable mechanical device. The mixing machine shall be equipped with suitable means of accurately metering each individual material being fed into the mixer. The mixing unit shall be equipped with a metering system to accurately meter all liquids by volume by the use of 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 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 I/m'), immediately ahead of the spreading equipment. The machine shall be capable of mixing materials at preset proportions regardless of the speed of the machine engine, and without changing machine settings. 2. Proportioning Devices Individual volume or weight controls for proportioning each material to be added to the mix (i.e., aggregate, mineral filler, emulsified asphalt and water) shall be provided and properly marked. These proportioning devices are usually revolution counters or similar devices and are used in material calibration and determining the materials output at any time. Yield estimates with supporting documentation from the metering devices and material delivery tickets will be provided by the Contractor daily. 3. Calibration Each slurry mixing unit to be used in performance of the work shall be calibrated in the presence of the Engineer's representative prior to construction. The documentation shall be provided, which includes an individual calibration of each material at various settings, which can be related to the machine's metering device(s). No machine will be allowed to work on the project until the calibration has been completed and accepted by the Engineer. Previous calibration documentation covering the exact materials to be used may be accepted provided they were made during the current calendar year. The documentation shall include an individual calibration of each material of various settings which can be related to the machine metering device(s). 4. Verification Test strips, of at least fifteen hundred (1500) square yards for each mix used, will be made by each machine after calibration and prior to construction. Test strips shall be a portion of the project. Samples of the slurry seal will be taken and verification made as to mix consistency and proportioning. Verification of rate of application will also be made. Upon failure of any of the tests, additional test strips, at no cost to the Owner, will be required until each unit is authorized to work. Any unit failing to pass tests after the third trial will not be permitted to work on the project. Test strips must be accepted or rejected within 48 hours after application. When the test sections do not conform to the specification requirements, the slurry seal shall be removed at the Project Specifications — Page 10 of 24 REVISION OF SECTION 409 ASPHALT SLURRY SEAL Contractor's expense. No compensation will be made for re -application or additional test sections required due to unsatisfactory work or material. Initiation of work on the project streets shall not begin without the Engineer's approval of test sections. 5. Slurry Spreading Equipment The surfacing mixture shall be spread uniformly by means of a mechanical type squeegee distributor, having a rubber -like material in contact with the surface to prevent unwanted egress of slurry. It shall prevent loss of slurry on varying grades and crown by adjustments to assure uniform spread. An appropriate mechanical device for lateral distribution of the slung shall be operated within the spreader box. There shall be a steering device, a flexible strike -off, and a burlap or other approved drag. The spreader box shall be equipped with paddles or augers to agitate and spread the materials throughout the box. It shall be capable of producing a uniform surface its full width. A front seal shall be provided to ensure no loss of the mixture at the road contact point. The rear seal shall act as final strike off and shall be adjustable. The mixture shall be spread to fill cracks and minor surface irregularities and leave a uniform skid resistant application of material on the surface. The spreader box and rear strike off shall be so designed and operated that a uniform consistency is achieved to produce a free flow of material to the rear strike off. The longitudinal joint where two spreads join shall be neat appearing, uniform, and lapped no more than six (6) inches. All excess material shall be removed from the job site prior to opening the road. The spreader box shall have suitable means provided to side -shift the box to compensate for variations in pavement geometry. The box shall be kept clean, and no build-up of asphalt and aggregate shall be permitted. Spreader box skids shall be maintained in such a manner to prevent transverse chatter (wash -boarding) in the finished mat. Any type drag used shall be approved by the Engineer and kept in a completely flexible condition at all times. 6. Cleaning Equipment Power brooms, power blowers, air compressors, water flushing equipment, and hand brooms suitable for cleaning the base surface and cracks therein shall be provided by the Contractor in accordance with Section 01560 "Temporary Controls" and Section 02000 "Revision of Section 105; Maintenance During Construction". 7. Auxiliary Equipment Hand squeegees, shovels and all other equipment necessary to perform the work shall be provided by the Contractor at no additional cost to the Owner. 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 1 I of 24 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 readily spreadable, yet completely stable slurry. Proper water content shall be determined by an appropriate consistency test on freshly made slurry. The slurry shall be a homogeneous mixture, sufficiently stable during the entire mixing - spreading period so that the emulsion does not break, there is no segregation of fines from the coarser aggregate, and the liquid portion of the mix does not float to the surface. Total time of mixing, from introduction of emulsion to spreading shall be two minutes or less. The weight of dry aggregate applied per unit area shall be 18 lbs/sy. The test sections shall be placed using the same equipment and methods to be used on the job. Slurry mixtures placed in test strips shall conform to design mix with minor variations to obtain crack filling, bond to pavement, and desired skid resistance texture. In the event the materials do not meet the requirements for fluidity, non -segregation, or surface texture, a new job mix shall be formulated and tested. Work shall not proceed before approval of a design mix and acceptance following the placing of a test strip. 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 carried in all parts of the spreader at all times so that complete coverage is obtained. No lumping, balling, or unmixed aggregates shall be permitted. No segregation of the emulsion and aggregate fines from the coarse aggregate will be permitted. If the coarse aggregate settles to the bottom of the mix, the slurry will be removed from the pavement. Breaking of the emulsion in the spreader box will not be allowed. No streaks as caused by oversized aggregate will be left in the finished pavement. Rippling of the finished pavement is undesirable and shall be minimized, The speed may be reduced by the Engineer, if rippling of the surface occurs. At any time that segregation, texture, rippling or application rate are in non compliance with the specifications due to mix equipment or workmanship, work will be stopped until the Owner's representative is insured that the non conformance has been corrected. After lay -down work is completed and before final acceptance by the Engineer, spot application of slurry seal material may be required to correct any deficiencies such as streaking, scuff marks, tire tracks, gaps, etc. to improve the ride quality and overall appearance. Slurry seal material required to correct deficiencies due to unsatisfactory workmanship will not be paid for but shall be at the Contractor's expense. 2. Joints The longitudinal joint between adjacent lanes shall have no visible lap, pinholes, or uncovered areas. Build-up or unsightly appearance shall be not be permitted on longitudinal or transverse joints. The use of burlap drags or other type drags shall be at the direction of the Engineer. Thick spots caused by overlapping shall be smoothed immediately with the hand squeegees before the emulsion breaks. Longitudinal joints shall be overlapped no more than 6 inches over previously placed slurry. Slurry seal will be measured and paid for by the square yard of street surface properly sealed and accepted by the Engineer. Building paper shall be used at transverse joints to minimize or eliminate overlap. When drags are used, they must be kept clean and free of Project Specifications — Page 12 of 24 REVISION OF SECTION 409 ASPHALT SLURRY SEAL build-up. Joints shall be straight and have a neat appearance. 3. Hand Work Approved hand squeegees with burlap drags shall be used to spread slurry in areas not accessible to the slurry mixer. Care shall be exercised as to the specified application rate and workmanship, as to leave no unsightly appearance from hand work.. 4. Mix Stability The mixture shall possess sufficient stability so that premature breaking of the material in the spreader box does not occur. The mixture shall be homogeneous during and following mixing and spreading, it shall be free of _ excess water or emulsion and free of segregation of the emulsion and aggregate fines from the coarser aggregate. Spraying of additional water into the spreader box will not be permitted. 5. Lines Care shall be taken to ensure straight lines along curbs, shoulders and joints. No runoff on these areas will be permitted. Lines at intersections will be kept straight to provide a neat appearance. 6. Curing Slurry treated areas steal I be allowed to cure until such time as the Engineer permits their opening to traffic. The slurry seal mixture shall be proportioned to permit traffic on the newly sealed surface within 1 to 4 hours of placement. The Contractor shall protect the area with suitable barricades for the full curing period, per the approved traffic control plan. 7. Rolling Slurry seal placed on parking lots, alleys, cul-de-sacs or low traffic volume areas, as determined by the Engineer, shall be rolled with a pneumatic tire roller with a minimum weight of four (4) tons. Rolling shall start when the slurry seal has set sufficiently to prevent any pick-up of material and rolled a minimum of three (3) coverages by the roller until a uniform surface is obtained. Payment for rolling will not be measured or paid for separately, but shall be included in the unit price for Slurry Seal. 8. Maintaining Traffic The seal coat shall be applied to alternating streets to provide sufficient public parking for those residents living on streets which have been closed. Traffic will not be allowed on the newly placed bituminous material until, in the opinion of the Engineer, the bituminous material has sufficiently set and bonded to prevent damage by vehicular traffic. Areas which are subject to an increased rate of sharp turning vehicles may require additional time to allow for a more complete cure of the slurry seal mat to prevent damage. Street closures shall be opened as soon as the material has sufficiently set and bonded. 9. Manholes and Valves Manholes and valves on streets to be slurry sealed shall be clean when the work is completed. They shall be covered in a suitable manner prior to sealing, and the covering shall be removed immediately after the street is sealed. The Contractor shall submit the method for protecting manholes and valves to the Engineer for approval at least two weeks prior to commencement of work. After sealing, the Contractor shall verify accessibility to manholes and valves to the satisfaction of the Engineer at the end of each day. Manholes and valves shall be marked by the Contractor prior to placing the slurry to insure each one is located and can be found after slurry sealing. Project Specifications — Page 13 of 24 REVISION OF SECTION 409 ASPHALT SLURRY SEAL 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 Engineer's representative be present at the time of delivery of all materials. Conformance with application rates will be determined from delivery tickets, minus any excess material not used on the project. It is the Contractor's responsibility to notify the Engineer 24 hours prior to delivery of materials so that a representative may be present. No payment will be made for materials delivered without proper notification. Proportions of the material components to be used will be set by the Engineer, as well as the spread rate. These will be defined in the project mix design. Application rates will be set to match the approved mix design. If the yield is determined to be in excess of the maximum application rates, or below the minimum application rates, the slurry seal will be subject to rejection or a price reduction as follows at the direction of the Engineer: AMOUNT BELOW MINIMUM APPLICATION RATE PERCENTAGE REDUCTION IN FINAL PAYMENT 1 - 5% 10% or Rejection 5 - 10% 20% or Rejection 10% + To Be Determined by the Engineer The Owner will continually be checking quantities using run sheets. The Contractor is encouraged to also check quantities with run sheets to avoid the penalties described above. Yield estimates with supporting documentation from the metering devices and material delivery tickets will be provided by the Contractor daily. Responsibility for ensuring proper spread rates and material proportions is solely the Contractor's. Project Specifications — Page 15 of 24 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 It Slurry Seal - All Street Locations Square Yard 409.02 Type II Slurry Seal - Parking Lots Square Yard Project Specifications — Page 16 of 24 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES Section 630 of the Standard Specifications is hereby revised as follows: Subsection 630.01 shall be revised as follows: This work shall consist of furnishing, installing, moving maintaining and removing temporary traffic signs, advance warning arrows panels, barricades, channelizing devices, and delineators as required by the latest revision of the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD), the City of Fort Collins "Work Area Traffic Control Handbook", and the Larimer County Urban Area Street Standards. In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. When a device is not in use, the Contractor shall remove it from the project for the period it is not needed. Devices temporarily not in use shall, as a minimum, be removed from the area. Moving will include devices removed from the project and later returned to use. The City of Fort Collins shall pay for the maximum number of each type of traffic control device being used at one given time per day. Larimer County shall pay for Construction Zone Traffic Control lump sum. Traffic control devices shall be placed and/or stored in the right-of-way in such a manner that minimizes the hazards to pedestrians, bicyclists and vehicles. Traffic control devices shall be removed from the site immediately upon completion of the work for any street(s). Subsection 630.02 shall include the following: All traffic control devices placed for this project must meet or exceed the minimum standards set forth in the MUTCD. All traffic control devices shall be clean and in good operating condition when delivered and shall be maintained in that manner on a daily basis. All traffic control devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (i.e. crossed out information, information written in long -hand style, etc.) Additionally, any sign blank with sign faces on both sides must have the back sign face covered when in use to avoid confusion to motorists traveling in the opposite direction and other potentially affected parties, such as residents affected by any information the sign may present. Subsection 630.09 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 for the City of Fort Collins shall be on City supplied forms. The Traffic Control Plans shall be submitted for approval to the Engineer by 8:00 a.m., two working days prior to the commencement of work. (Note: Traffic Control Plans for work done on Monday and Tuesday shall be submitted the previous Friday by 8:00 a.m.) Full road closure plans shall be submitted no later than Friday mornings by 8:00 a.m. for projects starting the following week. All plans shall be delivered to City Engineering, 281 North College Avenue. Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Traffic Control Plan has been approved. Failure to have an approved Traffic Control Plan shall constitute cause for the City to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. All costs associated with Traffic Control Plan review will not be measured or paid for separately, but shall be considered incidental to the Work. The Traffic Control Plan shall include, as a minimum, the following: Project Specifications — Page 17 of 24 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES (Continued) (1) A detailed diagram which shows the location of all sign placements, including advance construction signs (if not previously approved) and speed limit signs; method, length and time duration for lane closures, and location of flag persons. (2) A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to: construction signs; vertical panel; vertical panel with light; Type I, Type II, and Type III barricades; cones; drum channelizing devices; advance warning flashing or sequencing arrow panel. Certain traffic control devices may be used for more than one operation or phase. However, all devices required for any particular phase must be detailed and tabulated for each phase. (3) Number of flaggers to be used. (4) Parking Restrictions to be in affect. Approval of the proposed method of handling traffic is intended to indicate those devices for which payment is to be made. Such approval does not relieve the Contractor of liability specifically assigned to him under this contract. Parking Restriction Plans for the City of Fort Collins shall be submitted and approved which show the location and quantity of "NO PARKING" signs, the date to be placed, and the date to be removed. The plans shall be prepared on City supplied forms. The Parking Restriction Plans shall be submitted to the Engineer by 8:00 a.m., two working days prior to the commencement of work. (Note: Parking Restriction Plans for work done on Monday and Tuesday shall be submitted the previous Friday by 8:00 a.m.) All plans shall be delivered to City Engineering, 281 North College Avenue. Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Parking Restriction Plan has been approved. Failure to have an approved Parking Restriction Plan shall constitute cause for the City to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. The cost for preparing and submitting the traffic control plan shall be included in the contract unit price for Traffic Control Supervisor. Subsection 630.10 shall be revised as follows: Traffic Control Management shall be performed by a Traffic Control Supervisor (TCS). The TCS(s) shall possess a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control Supervisor or Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor. (Proof of certification shall be presented to the Owners Traffic Control Manager, and when requested by a representative, for each TCS utilized on this project.) One TCS shall be designated as the Head TCS. The Head TCS shall have a minimum of one year experience as a certified TCS. Qualifications shall be submitted to the Engineer for approval a minimum of one week prior to commencement of the work. The Head TCS shall be on site at all times during the construction when payment is made under the contract unit price for Traffic Control Supervisor per day. When the TCS is being paid under the TCS per hour item, time spent on site may be modified by the Owners Representative, as needed, based on the size and complexity of the project, location of work, duration of the project, traffic factors, weather, and roadway characteristics. The TCS shall be equipped with a cellular phone. The cost of this phone shall be incidental to the day or hour pay unit for TCS. Project Specifications — Page 18 of 24 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES (Continued) It is the intent of the specifications that the Head TCS be the same throughout the project. If the Head TCS is to be replaced during the project, the Engineer shall be given a minimum of one (1) weeks notice and qualifications shall be submitted for approval for the replacement. The Head TCS will be paid for under the TCS item. The TCS's duties shall include, but not be limited to: (1) Preparing, revising and submitting Traffic Control Plans as required. (Review fees will not be measured or paid for separately, but shall be considered incidental to the Work.) (2) Direct supervision of project 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 Owners's project records. (6) Inspecting traffic control devices on every calendar day for the duration of the project. (7) Insuring that traffic control devices are functioning as required. (8) Overseeing all requirements covered by the plans and specifications which contribute to the convenience, safety and orderly movement of traffic. (9) Flagging. (10) Setting up traffic control devices. Notification of residents and businesses shall be the responsibility of the TCS and shall consist of distributing letters indicating the nature of the work to be completed, any special instructions to the residents (i.e. limits on lawn watering during concrete pouring, etc.), the dates and times of the work, and the parking and access restrictions that will apply, as well as thorough information placed on "NO PARKING" signs. Sample letters will be provided by the Engineer and shall be distributed prior to the commencement of each phase of the work. Letters shall be submitted with the Traffic Control Plans for approval. Approved letters shall be distributed a minimum of 24 hours prior to the commencement of work. (Note: The time frame criterion for distributing letters is the same as for posting "NO PARKING" signs.) The cost for preparing and distributing the letters shall be included in the cost for TCS. Traffic control management shall be maintained on a 24 hour per day basis. The Contractor shall make arrangements so that the Traffic Control Supervisor or their approved representative will be available on every working day, "on call" at all times and available upon the Engineer's request at other than normal working hours. All costs associated with "on call" service, excluding actual hours worked, shall be included in the contract unit price for Traffic Control Supervisor. The TCS's will be paid only for days the Contractor works, and as directed by the Engineer. On weekends and other days the Contractor is not working, the TCS will not be paid. Time spent maintaining signs on the weekends, holidays, bad weather days, and other days the Contractor does not work shall be included in Project Specifications — Page 19 of 24 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES (Continued) the unit prices for the equipment. Time spent setting up equipment, modifying equipment, maintaining equipment, and picking up equipment shall be included in the unit prices for the equipment. All traffic control devices shall be placed under the supervision of a Traffic Control Supervisor. The Traffic Control Supervisor shall have up to date copies of the City of Fort Collins' "Work Area Traffic Control Handbook", and Part VI of the MUTCD, pertaining to traffic controls for street and highway construction, available at all times. Subsection 630.14 shall be revised as follows: Quantities to be measured for construction traffic control devices shall be the number of units of the various sizes and descriptions listed below: Construction Traffic Signs: Size A Signs - 0.01 to 9.00 Square Feet Size B Signs - 9.01 to 16.00 Square Feet "NO PARKING" Sign with Stand will be measured and paid for separately and not included in the item for Size A Signs. "NO PARKING" Sign with Stand shall consist of a metal sign attached to a device (stand) such as a Vertical Panel or Type I Barricade. The sign material and stand shall be approved by the Engineer. The sign material and stand will not be measured and paid for separately but shall be included in the Contract Unit Price for "NO PARKING" Sign with Stand. The cost for "NO PARKING" Sign with Stand shall include delivery, rental, setup, modification, maintenance, and pickup. "NO PARKING" signs must remain in place until the street is oven 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 quantity to be measured for Traffic Control Supervisor will be the number of authorized days performed by the Traffic Control Supervisor or his approved representative. An authorized day shall be any day, or portion of a day, authorized by the Engineer, that construction operation would require a Traffic Control Supervisor. "On Call" and project inspections on all other days will not be measured and paid for separately but shall be included in the work. The cost for setting up equipment, modifying equipment, maintaining equipment, and picking up equipment (not including "NO PARKING" Sign with Stand) during authorized days shall be included in the Contract Unit Price for Traffic Control Supervisor. If a TCS(s) is used for an authorized day, but not for the entire day, the TCS shall be paid at the Contract Unit Price for "Traffic Control Supervisor" at the per hour rate. The quantity to be measured for flagging will be the total number of hours that flagging is actually used as authorized. Hours of flagging in excess of those authorized shall be at the Contractor's expense. Flagger breaks shall be included in the Contract Unit Price for Flagging. The method for covering flagger breaks shall be approved by the Engineer. Flagging outside of the construction work hours will not be paid for under the terms of this contract unless authorized in writing by the Engineer. Project Specifications — Page 20 of 24 SECTION 00300 BID FORM PROJECT: 5967 Asphalt Slurry Seal Project Place Date 1 Ip compliance with your Invitation to Bid dated /J' and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the tollowinq 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 Bids a certified or/ca ier's check or standard Bid bond in he sum of _;411 2-14 Dl V t/OfQ,- (S ) in ac rdance 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 o 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 proposedto furnish /the specified performance/Ind payment bonds is as follows : , 9Vj/�{�/?Z [ _Y%bV Li'11 N , L-,47T?a2l ))l 5. All the various phases of Work enumerated in the Contract Documents with their i dividual 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,�ind' rsigned Bidder hereby acknowledges receipt of Addenda No. 7/96 Section 00300 Page 1 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES (Continued) Flagger stand-by time will not be paid for under the terms of this contract. In locations where traffic control is set up and the work is not performed due to Contractor caused delays, the traffic control shall not be paid for under the terms of this contract. The costs for advance warning "NO PARKING" signs for periods in excess of 24 hours prior to the advancement of work, including those instances when said signs have been changed or otherwise updated to reflect current schedules, will not be paid for under the terms of this contract unless authorized by the Engineer in writing. In addition, the Owner shall deduct from compensation due the Contractor $10.00 for each traffic control device per day for said conditions, including "NO PARKING" signs and any signs which are not removed from the site immediately upon completion of the work. Subsection 630.15 shall be revised as follows: The cost for Traffic Control Devices, not including "NO PARKING" Sign with Stand, shall include delivery, rental, and pickup. The cost for setting up equipment, modifying equipment, and maintaining equipment will be paid for under the Contract Unit Price for TCS as described above. The cost for "NO PARKING" Sign with Stand shall include delivery, rental, setup, modification, maintenance, and pickup. Payment shall be full compensation for furnishing, erecting, maintaining, moving, removing and disposing of construction traffic control devices necessary to complete the work. All construction traffic control devices which are not permanently incorporated into the project will remain the property of the Contractor. The initial manufacturing will be paid for Specialty Signs per unit and the actual use paid for under the appropriate unit cost for Size A or Size B sign. This item shall apply to new signs only. Once manufactured, they may be used throughout the project. Upon completion of the work, the Specialty Signs shall be returned to the Contractor. Flagger hand signs will not be measured and paid for separately, but shall be included in the work. The flaggers shall be provided with electronic communication devices when required. These devices will not be measured and paid for separately, but shall be included in the work. The cost of batteries, electricity and/or fuel for all lighting or warning devices will not be paid for separately but will be considered subsidiary to the item. Sand bags will not be measured and paid for separately, but shall be included in the work. The Contractor may provide larger construction traffic signs than those typically used in accordance with the MUTCD, if approved; however, payment will be made for the typical panel size. The Owner shall not be responsible for any losses or damage due to theft or vandalism Project Specifications — Page 21 of 24 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES (Continued) The accepted quantities for the City of Fort Collins will be paid for at the contract unit price for each of the pay items listed below: PAY ITEM UNIT 630.01 "NO PARKING" Sign with Stand Per Day Per Each 630.02 Vertical Panel without Light Per Day Per Each 630.03 Channelizing Barrels Per Day Per Each 630.04 Type I Barricade without Light Per Day Per Each 630.05 Type II Barricade without Light Per Day Per Each 630.06 Type III Barricade without Light Per Day Per Each 630.07 Size A Sign with Stand Per Day Per Each 630.08 Size B Sign with Stand Per Day Per Each 630.09 Size A Specialty Sign - Cost of Manufacturing Each 630.10 Size B Specialty Sign - Cost of Manufacturing Each 630.11 Cone with Reflective Strip Per Day Per Each 630.12 Safety Fence Per Day Per Roll 630.13 Light - Steady Burn Per Day Per Each 630.14 Light - Flashing Per Day Per Each 630.15 Advance Warning Flashing or Sequencing Arrow Panel Per Unit Per Day 630.16 Traffic Control Supervisor Per Day 630.17 Traffic Control Supervisor Per Hour 630.18 Flagging Per Each Per Hour Project Specifications — Page 22 of 24 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES (Continued) The accepted quantities for Latimer County will be paid for at the contract unit price for each of the pay items listed below: PAY ITEM UNIT 630.19 Construction Zone Traffic Control — Highland Hills Lump Sum 630.20 Construction Zone Traffic Control — Saddleback Lump Sum Payment shall include all equipment, labor, materials, overhead, incidentals, and mobilization required to complete the work, including secondary sweeping operations, as described in the specifications. Project Specifications — Page 23 of 24 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES (Continued) SPECIAL CONDITIONS FOR WORK ON ARTERIALS AND COLLECTORS NOTE: CROSS STREET TRAFFIC SHALL BE MAINTAINED AT ALL TIMES UNLESS AUTHORIZED BY THE ENGINEER IN WRITING. NOTE: FULL CLOSURES ON ARTERIALS AND COLLECTORS, INCLUDING THOSE LISTED ABOVE, WILL BE ALLOWED UNDER EXTREME CIRCUMSTANCES AND ONLY UPON APPROVAL OF THE ENGINEER. PLANS SHALL BE APPROVED A MINIMUM OF ONE WEEK PRIOR TO THE COMMENCEMENT OF WORK AND/OR THE TIME REQUIRED TO ADEQUATELY NOTIFY THE PUBLIC THROUGH THE MEDIA. SPECIAL CONDITIONS FOR WORK ON RESIDENTIAL STREETS NOTE: FULL CLOSURES ON ALL RESIDENTIAL STREETS SHALL BE ALLOWED AS SHOWN ON THE TRAFFIC CONTROL PLANS. Project Specifications — Page 24 of 24 SECTION 02500 QUANTITY ESTIMATE SQUARE STREET FROM TO YARDS Baylor St. Tulane Dr. Stanford Rd. 3631 Brown Ave. Stanford Road Stover St. 3019 Columbia Rd CDS Columbia Rd S End 700 Cornell Ave. Stanford Rd. Stover St. 4518 Dartmouth Cir. N End Dartmouth Trl. 805 Dartmouth Trl. Mathews St. Stover St. 7666 Duke Ln. Columbia Rd. Stover St. 4644 Harvard St. S. College Ave. E. Drake Rd. 5953 Loyola Ave. Rutgers Ave. Columbia Rd. 2149 Mathews St. Dartmouth Trl. E. Drake Rd. 11899 Princeton Rd. S. College Ave. Stover St. 10872 Purdue Cir. W. End Purdue Rd. 682 Purdue Rd. Dartmouth Trl. Tulane Dr. 6376 Rutgers Ave. S. College Ave. Mathews St. 3517 Stanford Rd. Dartmouth Trl. E. Drake Rd. 10640 SE College Frontage Rd. North of Rutgers Ave. Princeton Rd. 5632 Tulane Dr. Stover St. E. Drake Rd. 10091 Vassar Ave. Rutgers Ave. Columbia Rd. 2462 Villanova Ct. N End Duke Ln. 2443 Yale Ave. Frontage Rd. Harvard St. 5961 Yale Wy. Yale Ave. Purdue Rd. 3348 107008 Benthaven Ct. Benthaven St. S End 428 Benthaven St. Moss Creek Dr. Marble Dr. 5251 Marble Dr. Moss Creek Dr. Benthaven St. 3419 9098 Fox Run Ct. W End E End 2039 Kit Pl. N End McKeag Dr. 887 McKeag Ct. E End Moore Ln. 1038 McKeag Dr. Moore Ln. Durmir Ct. 3090 Moore Ln. W. Drake Rd. S. End 5424 Tucker Ct. Moore Ln. W End 1771 Twin Fox Dr. E End Moore Ln. 1325 15575 Pagel of3 SECTION 02500 QUANTITY ESTIMATE STREET FROM TO SQUARE YARDS Featherstar Wy. W. Drake Rd. Marshwood Dr. 2762 Hampshire Rd. W. Drake Rd. Water Blossom Ln. 627 Marshwood Dr. Willow Fern Wy. W End 2728 Moss Rose Ln. Willow Fern Wy. Featherstar Wy. 2021 Water Blossom Ln. E End Featherstar Wy. 3804 Willow Fern Wy. Water Bolssom Ln. Marshwood Dr. 2040 13981 Elm Ct. S End Elm St. 1007 Elm St. Wood St. N. Shields St. 4932 Griffin Pl. Elm St. W. Vine Dr. 1825 Hawkins St. Cherry St. Sycamore St. 1226 Park St. (1) Elm St. W. Vine Dr. 1816 Park St. (2) Sycamore St N End 747 Sycamore, St. Wood St. N. Shields St. 4212 West St. Sycamore St N End 1034 16799 Constitution Ave. W. Elizabeth St. W. Prospect Rd. 11968 Fairview Dr. Lynnwood Dr. S. Bryan Ave. 6629 Lakeridge Ct. W End Constitution Ave. 2561 Leesdale Ct. Constitution Ave. W End 1850 Lynnwood Dr. Fairview Dr. W. Prospect Rd. 7570 S. Bryan Ave. W. Elizabeth St. W. Prospect Rd. 11849 Southridge Dr. S. Bryan Ave. Fairview Dr. 5299 Springfield Dr. City Park Ave. Constitution Ave. 6080 W. Lake St. S Bryan Ave. E End 4542 Ln. Lochwood Dr. 169' South on Carlton Ave. 58348 6091 Senior Center 8533 Page 2 of 3 SECTION 02500 QUANTITY ESTIMATE SQUARE STREET FROM TO YARDS Highland Hills Drive SH 392 LCR 3 10425 Highland Hills Circle N. Highland Hills Drive S. Highland Hills Drive 12588 Scenic Ridge Court Highland Hills Circle S. End 1664 Park Hill Court Highland Hills Circle S. End 1182 Park Hill Drive N. Highland Hills Circle S. Highland Hills Circle 3889 Scenic Ridge Drive N. Highland Hills Circle S. Highland Hills Circle 2333 Sunset Peak Court Highland Hills Circle S. End 762 Castle Peak Court Highland Hills Circle W. End 1198 Highland Hills Court Highland Hills Drive E. End 856 Ridgeway Drive Highland Hills Circle Highland Hills Drive 5662 Sierra Court Ridgeway Drive W. End 1027 Sierra Drive Ridgeway Drive Highland Hills Drive 2769 Park Ridge Circle N. Highland Hills Drive S. Highland Hills Drive 8095 Park Ridge Court Park Ridge Circle N. End 918 53368 Northridge Court Stonecrest Drive W. End 2756 Stonecrest west cul-de-sac Stonecrest Drive N. End 440 Stonecrest east cul-de-sac Stonecrest Drive N. End 620 Stonecrest Drive Taft Hill Road Solar Ridge Entrance 4889 8704 Page 3 of 3 SECTION 03500 PROJECT MAPS Vicinity Map Saddleback, Sycamore & Elm, Fairview Fox Creek, Senior Center Parking Lot, Hampshire Pond, Four Seasons Senior Center Parking Lot Detail South College Heights, Collindale Highland Hills " �1111■ 7� 1:==�i��:lllllllll�i •gI �yllllu__Ii:lllll�i■ Mr; lluul uur .A. - ■Ilc-::.. u * M--►m-- ri. 2006 Slurry Seal Project Saddleback, Sycamore * Elm, Fairview IARIMER wuNn G Cqf r 4 R Q Stonecrest� � G 1 � ,. ti � p Ackerman Ct. ---- Flemlo � � Ln. i OUp p �t�Tr'cvurr 5q 5tedi Ln. u lancer Dr. m o` � m` e OlflOnd Vine Or. z '5W. � W. Woe Dr. z aElm JI" z z ! n i Sycamore St. K Cherry St. a - t. 3 r Ma le __.__ __.._.. F a ` � N � • Ma a t. j N a m J ete Ave. Ct. m Leland Ave -L. Ave. U > > UU e U 7 O N ° � E 3 � _ z V 01 Mountain Ave. L W Oa t. 2 G° o W. O ° W. Ct. St.. Woad o Q> ui I Ct ° T.----,w.Magnolia W. Ma oha St. lC ' lber St. St.�ij Mulbe W. Mull 3 N Woodvap Ct. de 3� W. Ie 5t. %k aner Am.W. -O - Or. p V nt °0 0 R Ut LL _ C more U Tim ou F z P u 4 Birch 2 � � N 'n Or rd PI. 56. St c o O D t. .—p;� rchard o m O pip N W. Plum 5t. V >Y g N W. P\ 5t 55 o min Allister Q> E t. Um it Ave. Poplar Dr. p` O o` o $ N Tamarac r. ply �° oti ° o `� u = L s Unrverei Ave. TIE Y � E `u 0 V tj wood w u Westward Dr. < C\oN�c p o. u � a nm PI.... trd p` mcm ♦ ✓ kW od Dr. a N 5 ine Dr. t B o James Ct. n 4 U 5 nn field au Ct. d v Spn gheld Dr. > W. a a tP U o ,tt o° W. Lake 5t er St. Blemns N i U Dr. veor9 U W Vpe St. o o` W. P ect Rd. V t� Ham Da an o q _ t 00330 8. BID SCHEDULE (Bane Bid) City of Fort Cri insR arimer County Bid 3%7 Asphalt Slurry Seal Project 2006 ITEM NO DESCR1P770N UNIT' CONTRACT QUANTITY ESTIMATED COST UNIT PRICE TOTAL COST CITY OF FORT Comm 105.10 Sweeping - All Streets Each 2 $ �,l) S 105.20 Sweeping - All Packing Lots Each 2 $ I D OD S� 409.01 Type 11 Asphalt Slurry Seal - All Street Locations SY 230000 $ 409.02 Type II Asphalt SI Seal - Parking Lots SY 8533 $ 630.01 "No Parking" Sign ith Stand Per Day Per Each 2500 $ $ :3t 7'l7 630.02 Vertical Panel Without Light Per Day Per Eacl 20 $ $ 630.03 CharrielizingBarres Per Day Per EKI 20 $ $ ` 630.04 Type I Barricade Without Light Per Day Per Eacl 20 $ S 630.05 Type II Barricade Without Light Per Day Per Eacl 20 $ S 630.06 Type III Barricade Without Light Per Day Per Eacl 200 $ / $ 630.07 Size A Sign With S and Per Day Per Each 250 $ $ y 630.08 Size B Sign With S and Per Day Per Each 250 $ S 3:�A- 630.09 Size A Specialty Si M - Cost of Manufacturing Each 2 $- $ 630.10 Size B Specialty Si -Cost of Manufacturing Each 2 $ 5- $ 630.11 Cone With Rellecti ie Strip Per Day Per Each 2500 $ 5 $ 630.12 Safety Fence Per Day Per Roll 20 $ 630.13 Light - Steady Burr' Per Day Per Each 20 $_ $- 630.14 Light - Flashing Per Day Per Each 20 $ $ 630.15 Advance Warning I lashing - or Sequencing Arrow Panel Per Day Per Each 5 $ $ 630.16 Traffic Control Su isor Per Day 20 S $ V ' 630.17 Traffic Control Supervisor Per Hour 20 $ ' `5 $ 630.18 Flagging Per Hour 150 S _ S CITY OF FORT COLLINS T TAL COST (A) $ LARIMER COUNTY 105.30 Sweeping - Highland Hills Area Each 2 105.40 Sweeping - Saddleback Area Each 2 S /C S ~ 409.01 Type II Asphalt Slurry Seal SY 65176 630.19 Construction Zone raffrc Control - Highland Hills Area Lump Sum I S $ 630.20 Construction Zone"raffle Control -Saddleback Area Lump Sum 1 S �5-00 S /�W LARIMER COUNTY TOTAL COST (8) $ PROJECT a Q ---Irrdividual Doing Btisicess in Company Name �Cmporation Partnership Dollars and -17(-J77 /_ / ).Ul) Cents. Page 1 of I rAr"a2006 Slurry Seal Project COUNTY Fox Creek, Senior Center Lot, Hampshire Pond, Four Seasons d u Ct. "d Ct. Ct, 0 aI m Ct. k Ct. Ct. Dr. 5 L v 4 Rolland Moore Perce a U J m AD V IAIOOO�20O Slurry Seal Project tAIIIIER COUNT South College heights, Colimdale A� ' E. Prospect Rd. U) N o In w N D i P r d 0 d Ct. N N �'^ �� ad"< a P.d.Ct >„m,.�.z..• - prmg Park Dr. '� hills n e D . md'an `"m t c v G Kenw o cF adi `' n m' Cheyenne u o o Q e coF p} S Ct. o �c toneh u Dr. n E n r VW e e Dr. S o Dr. O v N oe Dr' Osprey d mouth fdl HJ1 �a9a�p Q< U Ct. it Chippewa Ct. Nr wood Dr. u ¢ DokC U r U e$ o- uke Ln. gq m Gc' Ct. 3�^ o V nd U yal " w Colombia ^ = I o ` 3 i Ct. �' Ct. Sa rnwoob N o mbr N pp Par -wood D . __ ewooa Or_ ' ath oo T a i L NN t 0 Q q a U i o a p K N Cn o 0 4^y Fast o0 Pri tc S^ o `\ E. Drake Rd. woo Ln. 0 E. Drape Rd.4 ^ m 5hado ' N v o° U Ica o u unde�rd Dr. a Heather ti Q, Ct. ? o o Dr. m Thunderbrcd Ct C e o m 4 St. c N G n Ln. Parkoew 2006 Slurry Seal Project W'Nn ,, Highland Hills - Larimer County A CKESSwOOD DR n VARDON WAY E COUNTY ROAD 32 Y d 0 W O L � i U L S YG O R rl� F�cT m O K z 0 O G� � p Z� K w 0 s� 0 � K � A U � U Ln �O ZZ U N a z N 0 a 0 0 N Q N 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder Bid or Agreemei not exc( Attest: 7/96 cknowledges that the OWNER has the right to delete items in the :hange quantities at his sole discretion without affecting the t or prices of any item so long as the deletion or change does =_d twenty-five percent (25%) of the total Agreement Price. RESPECTZ�w SUITTTD BML Title License Number (If Applicable) is by corporap-ion) 4"-✓ of Address Telephone &3 UvLi'�'"`ypKp % i Section 00300 Page 3 SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned* as Principal, and � Hartford Casualty Insurance Company as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ _Five Percent of the z* for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns.ii THE CONDITION of this obligation is such that whereas the Principal has submitted tol 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, 5967 Asphalt Slurry Seal Project. NOW THEREFORE, (a) If amidllBid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contr ct in the form of Contract attached hereto (properly completed in accords ce with said Bid) and shall furnish a BOND for his faithful perform nce of said Contract, and for payment of all persons performing labor o furnishing materials in connection therewith, and shall in all other r spects perform the Agreement created by the acceptance of' said Bid, th n 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 Compa ies executing bonds must be authorized to transact business in f the State oolorado and be accepted by the OWNER. *A -I Chipseal **Total haotmt B---- -------t-----5%-----) 7/96 1 Section 00410 Page 2 CONTRA I T DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instructio to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplem nts to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statemen s of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT 00500 Agreeme t Forms 00500-1 00510 Notice of ward 00510-0 00520 Agreeme t 00520-1 - 00520-6 00530 Notice to roceed 00530-1 00600 Bonds anO Certificates 00600-1 00610 Performa ce Bond 00610-1 - 00610-2 00615 Payment and 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 Waiv r Release(Contractor) 00650-1 - 00650-2 00660 Consent o Surety 00660-1 00670 Applicatio for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General C nditions 00700-1 - 00700-34 Ex ibit GC -A GC -Al - GC-A2 00800 Suppler tary Conditions 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Applicationfor Payment 00960-1 - 00960-4 SPECIFICA IN WITNESS WHEkOF, the Principal and the Surety have hereunto set their hands and seals this 18th day of April , 2006, 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. Name :A-: Address: By: Title: ATTEST: By: r r y ry 13 v� ,, fa y t Owl Drive 00 8002 SURETY Hartford Casualty Insurance Tower 4-1-47, Hartford Plaza Hartford, CT 06115 ✓I By: M Y,d'"lt"-t6t� (/, Florietta Acosta Title: Attorney -In -Fact (SEAL) II4 ��Y .+^ .R ♦ I At t � 8 7/96 Section 00410 Page 3 Direct inquiries/Clairns to: POWER OF ATTORNEY THE SRD UMAVEN HARTFORD. CONNECTICUT 06115 call: 888-266-3488 or lax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 34-341300 0 Hartford Fire nsurance Company, a corporation duly organized under the laws of the State of Connecticut QHartford Cas alty Insurance Company, a corporation duly organized under the laws of the State of Indiana OHartford Acei{ient and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut OHartford Underwriters insurance Company, a corporation duly organized under the laws of the State of Connecticut OTwin City Fire insurance Company, a corporation duly organized under the laws of the State of Indiana OHartford Insu nee Company of Illinois, a corporation duly organized under the laws orthe State of Illinois Hartford Insu nce Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insu nee Company of the Southeast, a corporation duty organized under the laws of the State of Florida having their home office in Ha up to the amount of unlimi as James S. Rosulek, J.' . Richards, Douglas J. Rothey, Cynthia M. Burnell; Frank C. Penn, Dizynn Guam, Pamela J. Hansen, Kevin W. McMahon, Donald E. Appleby, Gloria C. Blackburn, Flodetta Acosta, Kristen L McCormick of Denver, CO their true and lawful Attomey( )4,1 act, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and t execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bon s and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents t be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and willbe bound by any me anically applied signatures applied to this Power of Attomey. t, M • � A �� .��t esejw harms• � 2979 e€ L,, r97o `{ ]I9Tf Paul A. Be enholtz, Assistant Secretary David T. Akers, Assistant Vice President STATE OF CONNECTiCUT �, Hartford COUNTY OF HARTFORD On this 23rd day of J , 2003, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say; that he resides in the Cou ty of Hampden. Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and bch executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such torpor to seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authori • Scott E Paseka Notary Public CERTIFlCATE My Commission Esptr," October 1J:2407 I, the undersigned, As istant Vice President of the Companies, DO HEREBY CERTIFY that the above and 4rdgorrlg is -4, tje ttrtd correct copy of the Power of Attorney ex cuted by said Companies, which is still in full force effective as of. April I8, ¢ w Signed and sealed at a City of Hartford. 3 �� �i�n�trn�1�w • �buA• �'ta70.: �,{l� 07�/JF 1 ,�TFn Fp�G` Ij Gary W. Stumper. Assistant Vice President POA 2004 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract. 3UBCONTRACTO Section 00430 Page 1 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors 7/96 Section 00410 Page 1 All compx be ar infox 1. 2. 3. 4. 5. M 7. M. M 10. 7 /' SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS questions must be answered and the data given must be cl ehensiv4. This statement must be notarized. If necessary, quest swered on separate attached sheets. The Bidder may submit any ad nation a desires. Name ofBidder: — / r main office address: Permanent When or anized: If a co poration, where incorporated: How many years have you been engaged in thq contracting business under y ur present firm or trade name? O LJea r Contracts on hand: (Schedule these, showing td amount of each gpntrac 1_74 n t e appropriate anticipated dates of completion.) Li G ral character f Work performed your comp ny7( r� Have you ever failed to complete any Work awarded to you?-10D If so, where and why? Have yo r ever defaulted on a contract? If so, here and why? Are you debarred by any government agency?n If yes list agency name. 16 Section 00420 Page aar and Lons may litional 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 tvoe of construction. 12. 13. 14. ►Z1]p 7/9 List our major equip nt vailable for this contract. Experience p e t: in construction Work similar in importance to this Background in ding and experience of the principal members of your organization, officers: 1 Credit Bank reference: Will you, fur h vailable: $ �'b� QQn ob f d2LI46 Al upon request, fil out a detailed financial statement and any other information that may be required by the OWNER? Are you If yes, class, Do Contrac If yes, and to licensed as a General CONTRACTOR? L in what city, county anck state? L What icense and numbers? / ou i anticipate subcontracting Work under this ? C 4Q61 what per t o tot n7ac ? hom? Are any IF yes, lawsuits pending against you or your firm at this time? DETAIL 6 Section 00420 Page 2 ON My 21. What_ the limits� of What company? 22. What_are vour companv's is liability? DETAIL limiaya��ons? 23. The undersigned hereby auMorizes and requests any person, firm or corpora ion to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. Dated at Cthis day of LU 2(y. Name of Bidder ' By: r Title: State of Q J ) County of VI-E r- be duly w n deposes and says that he is of - Vand that (name 6f organization) the answers to the foregoing questions and all statements therein contained are true and correct. scribed and sworn to before me this �f day of Lc L _-11 2W( . c res 7/96 Section 00420 Page 3 April 18,I 2006 City of ort Collins 215 Nort Mason Street 2nd Floo Fort Col ins, Colorado 80524 Re: Asp alt Slurry Seal Project 2006 Bid No. 5967 To Whom t May Concern: Upon awalld of the 2006 Asphalt Slurry Seal Project, A-1 Chipseal Company will provide all required financial data to he City of Fort Collins. Respectfully, A /'- Z Ben Vagh Presiden BV/rjo 1935 Snowy Owl Drive • Broomfield, CO 80020 Phone: 303-464-9267 9 Fax: 303-464-9261 www.A-IChipseal.com Limits: Bodily Injury General Agg( Products and Each Occurrt Personal and Fire Damage Medical Exp( Limited Jobs; Including: • Premises, • Products/ • Personal • General • Host Lig • Non -Owe • Blanket • Blanket • Medical ] • Fire Dan • Unintrnli A-1 CHIPSEAL COMPANYINC. Commercial General Liability Mountain States Insurance October 1, 2005 to October 1, 2006 Property Damage )mpleted Operations Aggregate e, Combined Single Limit Ivertising Injury iy one fire) ies (any one person Pollution leted Operations (Libel, Slander and False Arrest) ate Limit Per Project $ 2,000,000 $ 2,000,000 $ 1,000,000 $ 1,000,000 $ 100,000 $ 10,000 $ 250,000 Watercraft Liability, Under 51 feet in length itional Insured - as required by written contract and including Completed Operations ver of Subrogation - as required by contract Legal Liability l Errors and Omissions Damage to Personal F roperty of Others in Your Care, Custody and Control Faulty Workmanship Professional Liability / Errors and Omissions Subsidence Employment Practice i (ADA; Sexual Harassment; Wrongful Termination) Asbestos Exterior Insulation & Finish Systems (EIFS) War Liability Owner Controlled Insurance Programs (Wrap-ups) Fungi or Bacteria n.doc.35.dm.CAM.05s=.alchipmal(tas). 102805.nb 9 *HRH. 'nnhM.- Aml Chipseal Company Key Personnel Work Resumes 'iatii.t. Ben Va her President, Owner 25 Yrs Cost Accounting, Cpntract Compliance, EEO officer, Financial Statements, Work uali , Customer Service, safety Westem Mobile 1980.1996 Troy Beer Estimator 15 yrs Estimating, Cost Accounting, Contract Compliance, Job Performance, Customer Service, Em to ee training, safety Quality Resurfacing 1990-2006 Frank Ervin Prolect Manager 10 rs Sa Job quality, crew man ment, job nrliormance, customer service, ern to a training, contract compliance Quality Resurfacing 1995-2995 Danny Beer ProjecIt Foreman 12 rs Sa Job quality, crew Tanagement, job performance, customer service, employee training, contract corn Tian Quality Resurfscl 199a-2005 Luis Ortega Crew Foreman 10 yrs Safe , Job quality, crew management job rformance, customer service, ern to ee training, contract compliance Quality Resurfacing 1996-2005 Corey Martenson O ertions manager 12 yrs, Safety, Job quality, crew management, job performance, customer service, employee training, contract compliance Western Mobile 1994-1995 Paul Salazar Foreman 12 Safety, Job quality, crew management, job performance, customer service, employee training, contract compliance Western Mobile 1994-1997 Kevin Furn2X Distributor Operator 20 yrs equipment, Qistrlbutor Operator Western Montle 1991-1 Gerardo Medina Ch reader 2E 18 yrs Equipment, Chi s reader Operator Western Mobile 199t•1995 Katherine Va her ISecratery, Owner 1 10 yrs Cost Accounting, Contract Compliance, EEO officer, Financial Statements, Work quality, Customer Service, safety I SECTION 00020 INVITATION TO BID 07/2001 Section 00020 Page 2 HRH hllb rogal 61 hobbd- April 17, 2006 The City of F Collins 215 North M n Street Fort Collins, O 80522 Re: A-1 Chipseal Company Bonding Capacity To Whom It 14ay Concern: We handle the surety bonds for A-1 Chipseal Company, and have been acquainted with them for many years. A-1 Chipseal Company, is considered very reputable, and experienced in their field. They e ijoy a fine relationship with owners, architects, engineers and suppliers. W recommend them as a very competent and reliable contractor. 720 S Colorado Blvd , Ste 60ON P O Box 469025 Denver, CO 80246 ry 303-722.7776 <t 303.722-8862 Q v hrh corn A-1 Chipseal Company is capable of providing bonds in the $3,000,000.00 single range Vith an aggregate of $10,000,000.00. Their Bonds are underwritten for Hartford Casualty Insurance Company. Hartford Casualty Insurance Company is Treasury Listed company with a Best's Insurance Rating of A+ and a Financi l Rating of XV. Naturally, consideration of any project and subsequent issuance of bonds is subject to all derwriting criteria being met along with review of any final contract term ,conditions and financing involved with the project. We are conLay hat you will find A-1 Chipseal Company a pleasure to work with. If wee of further assistance in any way, please do not hesitate to contact us.you. Sincerely, HRH of A-1 Chi 1 Schedule of E ui m nt Unit Deeckoon Year I Color. Vin / Sethi S 1 F P.U. Aurelio 1988 White 2FDLF47G5JC636872 3 Ford F350 SD Pau 2003 G 1FTSW31P53ED36674 4 F Crown Victoria 1997 White 2FALP71W5VX1 5 V2 Ton Jose 1988 While 1GCDC14Z8JZ306450 6 Impala 2001 Chmpar 2G1WH55KB19303133 7 Ford 1 T PU 1999 While 1FTSX30F6XEC88736 8 Ford F350 P.U. 2005 Red 1 Fl VIIX30P75E1326371 9 Ford 1 Ton P.U. Eloy 2000 Red 1FTSX3pF6YEC05606 10 Ford 1 Ton P.U. Frdencio 2001 Blue 1 FTSX30F71 EA44916 11 Ford 1 T PU Co 2001 Black 1FTSW31F61ED74791 12 Ford F350 Gerardo 2002 Silver 1FTWX33F32ED28168 13 GMC MedmicsTnu:k 1985 While 1GDHC34Mgn�§=17 14 FordPKF1504W,D. 2004 Red 1FTPX14544NB27736 15 Impala 2004 Cream 2G1WH55K649239941 20 Wanco Arrow Board 1991 Orangel 323912 31 ICsnW60tfi Distributor 1979 Blue I 266204J 32 I ationaI Distributor 1998 While 1HTGLAHT2WH541204 36 rib Distrr'buldr 2002 Red 1 NKDLU0X52R892661 36 Distributor 2003 Red 1NKDLBOX23J393918 40 FQhdirrer Tractor 1979 Red C8113HP172086 41 eterbiRTractor 1989 White 1XPFD69XOKD2W720 42 PeWbiftTractor 1989 White 1XPFD69XXKD284368 43 Tractor 1979 Green CA513HP149319 44 ordWater Tnrck 1995 White 1FTYS95W3S`VA58477 50 TempleTrailer 1977 Silver D77158103 51 2 Axle Trader 19W Silver TR100580 52 Tanker 1972 Black DITS2291711 53 Preuhauf Tanker 1964 Silver FRE225501 54 Cowboy 2 Axle Trailer 19W Silver TR100780 55 TraW Exp.16' Utility 2003 Black I 5CVUS16283S020679. 56 Trailer 1989 White 1B4L4824XK2116150 57 railer 16' Wrap 2001 Red 50VUS16251SW9720 58 traller 5 X 10 2001 Blue 5CVTS101X1 S009403 59 uperiorTrailer 2004 Red 1S9AP10274C241069 61 SearCat Chipper 1997 Orange 189SC1622VA173008 63 BearCat Chipper 2002 Orange 189BC16MA173009 67 Case Loader 1991 Yellow JAK0027731 68 Loader 1991 Yellow JAKDO27675 69 oNo Loader 2004 Yellow L90EV86508 70 Steel Roller 1982 Yellow 35A220 71 ex Steel Roller 1978 Green 7HZ156 72 Roger 2000 Yellow 109AZ2201760 73 2V Van Trailer 1992 Silver 1S11S8286NG345817 74 Roger 2002 Yellow 109A22201942 80. dmmer Compressor 1979 White 1756247 82 1crest Tack Tank 2003 Red 1P96T111531446016 86 RSton 605 Broom 1995 White tFDXH70C6SVA31362 87 ohnston 705 Broom 1994 White 1FDYN8IEORVA38196 88 nston 700 Broom 19M While 4V2DAFAD7LN633179 89 hnston 605 Broom 1995 While 1FDXH70CXSVA67085 90 Red Rarer Trailer 1999 White 42YL94221X1000153 91 Red River Trager 1999 White 4ZYLB4221X1000282 82 aweldTrailer 2000 Black 4U181DHX6Y1040151 93 Cherokee Travel Trailer 1999 White 4X41CKC24XK081641 94 Load Max Trailer 2004 Blade 5LBOF252441410634 - 6 Clement End Dum 2002 White 5C2BBWB02 Total SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD Date: April 28, 2006 TO: A-1 Chipseal Company PROJECT: 5967 Asphalt Slurry Seal Project 2006 OWNER: CIT� OF FORT COLLINS Theeinafter referred to as "the OWNER") You are hereb notified that your Bid dated April 18, 2006 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for Asphalt Slurry Seal Project 2006; the contract calls for approximately 300,000 square yards of Asphalt Slurry Seal in neighborhood s reets. The Price of your Agreement is Three Hundred Thirty Nine Thousand Two Hundred Thirty Two Dol ars and Twenty Four Cents ($339,232.24). Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany thi Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by May 13, 2006. 1. You mustlIdeliver to the OWNER three (3) fully executed counterparts of the Agrement 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) �s specified in the Instructions to Bidders, General Conditions (Article 'I5.1) and Supplementary Conditions. Failure to com ly with these conditions OWNER to consiider your Bid abandoned, declare your B�d Security forfeited. Within ten (10 to you one (1 Documents atta( within the time specified will entitle to annul this Notice of Award and to days after you comply with those conditions, OWNER will return fully -signed counterpart of the Agreement with the Contract :hed. City of Fort Collins OWNER By: Jam s B. O'Neill, II, CPPO, FNIGP DDirector of Purchasing & Risk Management 9/12/O1 Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 28 day of April in the year of 2006 and shall be effective on the date this AGREEMENT is signed by the City. The Cityiof Fort Collins (hereinafter called OWNER) and A-1 Chip eal Company (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree a� follows: ARTICLE 1. W* CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. Th Project for which the Work under the Contract Documents may be the whole or my a part is defined as the construction of the 5967 Asphalt Slurry Seal Pr ject 2006 and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by the City of Fort Collins, 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'iwith completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 Thel Work shall be Substantially Complete within twenty five (25) calendar days, after the date when the Contract Times commence to run as provided in t e General Conditions and completed and ready for Final Payment and Acceptanc in accordance with the General Conditions within fifty five (55)calendar d ys after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not co pleted within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR sha 1 pay OWNER the amounts set forth hereafter. 9/12/01 Section 00520 Page 1 1) Substantial Completion: One' Thousand Dollars ($1,000) for each calendar day or fraction thereof that expires after the twenty five (25) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Five Hundred Dollars ($500) for each calendar day or fraction thereof that expires after the thirty(30) cal ndar day period for Final Payment and Acceptance until the Work is �eady for Final Payment and Acceptance. ARTICLE 4. CON�RACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance wi h the Contract Documents in current funds as follows: Three Hundred Thirty Nine Thousand Two Hundred Thirty Two Dollars and Twenty Four Cents ($339,�32.24), in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PR GRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Application for Payment as recommended b ENGINEER, once each month during construction as provided below. All pr,gress 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% compl ted 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 tD OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory t� them, there will be no additional retainage on account of Work completed in hick case the remaining progress payments prior to Substantial Completion wil be in an amount equal to 100% of the Work completed. 90% of materials and quipment not incorporated in the Work (but delivered, suitably 9/12/01 Section 00520 Page 2 stored and acgompanied by documentation satisfactory to OWNER as provided in paragraph 14.2' of the General Conditions) may be included in the application for payment. 5.1.2. 'Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less s ch 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 14.1�- ARTICLE 6. 1, CONTRACTOR'S REPRESENTATION In orderlto 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 andi Regulations that in any manner may affect cost, progress, performance orfurnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subs,`1Jrface conditions and drawings of physical conditions which are identified in he 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 cos , 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 con itions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, nvestigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CO TRACTOR has reviewed and checked all information and data shown or indicated n the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate locat on of said Underground Facilities. No additional examinations, investigations explorations, tests, reports, studies or similar information 9/12/01 Section 00520 Page 3 or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, 'investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary (Conditions, those items included in the definition of "Contract Documents" in 'iArticle 1.10 of the General Conditions, and such other items as are referencediin 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 c rrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, th� following: 7.2.1 Ce4ificate 7.2.2 Cer ificate 7.2.3 Lie i Waiver 7.2.4Con 5 ent of 7.2.5App Lication 7.2.6App Lication of Substantial Completion of Final Acceptance Releases Surety for Exemption Certificate for Payment 7.3 Dr wings, consisting of a cover sheet and sheets numbered as follows: The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions Jmade shall be clearly identified and dated. 7.4. Addenda Numbers 0 to 0, inclusive. 7.5. Toe Contract Documents other documents amending, modifying, pursuant to paragraphs 3.5 and 3.6 of 91121Ol also include all written amendments and or supplementing the Contract Documents the General Conditions. Section 00520 Page 4 7.6. T!here are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Te ms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. I 8.2. No assignment by a party hereto of any rights under or interests in the Contract ocuments 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 restricti Dn may be limited by law), and unless specifically stated to the contrary in an written consent to an assignment no assignment will release or discharge tha assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and 1 gal representatives to the other party hereto, its partners, successors, a signs and legal representatives in respect to all covenants, Agreement and bligations contained in the Contract Document. 9/12/O1 Section 00520 Page 5 OWNER: CITY OF FORT COLLINS CONTRACTOR: A-1 ChipzeCompany By: - By: JAME O'NEILL I, CPPO, FNIGP Bai Vaguer, sident VIRgCTOR OF PURCHASING \AAD RISK MANAGEMENT Title: Date: Attest: Address for giving notices: P. 0. Box 580 Fort Collins, CO 80522 Approved as to',Form — 6L -/-:" Assist nt ity',Attorney 5.1 �N c t e : (CORPORATE SEAL) v est• Katherine vagher, Secretary Address for giving notices: LICENSE O.: 9/12/01 Section 00520 Page 6 SECTION 00020 INVITATION TO BID Date: March 15, 2006. Sealed Bids ill 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 18, 2006, for the Asphalt Slurry Seal Project 2006; BID NO. 5967. If delivered, they are to be delivered to 215 North Mason Street, 2"d Floor, Fort Collins, Col rado, 80524. If mailed, the mailing address is P. O. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. This is a joint bid by the City of Fort Collins and Larimer County with the City of Fort Collins requiring substantial completions within twenty five (25) calendar day after the date when the Contract Times commence to run and Larimer Coun y requiring substantial completion within eleven (11) calendar days after th date when the Contract Times commence to run. The Contract Documents provide for the construction of bid 5967 Asphalt Slurry Seal Project 2006. The contract calls for approximately 300,000 square yards of Asphalt S1 rry Seal in neighborhood streets. 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 Doc4ents will be available March 15, 2006. The Contract ocuments and Specifications may be examined online at: City of ort Collins BuySpeed: https://secure2.fcgov.com/bso/login.jsp Prospective Bidders are invited to present their questions relative to this Bid proposal t this meeting. Bids will be �eceived as set forth in the Bidding Documents. The Work is expected to be commenced within the time as required by Section 2.3 of Genera Conditions. Substantial Completion of the Work is required as specified in he Agreement. The successful Bidder will be required to furnish a Performance Bond and a Payment Bond uaranteeing 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. 07/2001 Section 00020 Page 1 SECTION 00530 NOTICE TO PROCEED Description of Work: Bid 5967 Asphalt Slurry Seal Project 2006 To: A-1 Chipse�l Company This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTORiand the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNERIhas 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 I day of , 20 The dates for Substantial Completion and Final Acceptance shall be 200_ and 200, respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT',OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 20 . CONTRACTOR: A-1 Chipseal Company By: Title: 7/96 Section 00530 Page 1 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND Bond No. 34BCSDY5033 KNOW ALL MEN BY THESE PRESENTS: that (Firm) A-1 Chipseal�Company (Address) 11684 Hur n Street, Suite 104B, Northglenn, CO 80234 (an Individual), I(a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) Hartford Casualty Insurance Company (Addzwsr ) Tower 4-1-47 Hartford Plaza, Hartford, CT 06115 hereinafter refer�ed 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 rererred to as the "OWNER", in the penal sum of Three Hundred Thirty ine Thousand Two Hundred * in lawful money of the United States, for the payment of which sum wptl and truly to be made; we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. * Thirty Two and 24/1 0------- ($339,232.24)------ THE CONDITIONS OF THIS f THIS OBLI(ATluN are such that wherea the Principal entered into a certain Agreement with the OWNER, dated the day o, 20 a copy of which is hereto attarhe*d and made a part heracf fc_ _=e ;,Erformance of The City of Fort Collins project, Bid 5967 Aszha:>: _ea_ Project 2006. RM , THEREFORE, if the Principal shall well, truly and faits=fc_=j re_.t: __- .duLiea, all the undertakingA, covenants; terms, -conditions as said Agreement during the original term thereof, .and any exte s-nns which may be granted .by the OWNER, with or without Notice to the =__at_ a-: during the life of the guaranty period, and it Lhe Principal shall sar._s a__ claims and demands incurred under such Agreement, and shall fully inde:,r._f and save harmlea 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 expanse which the OWNER may incur in making good any default then this igation shall.be void; otherwise to remain in lull force and effect. 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 tho terms of thelAgreemert 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 or 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 t o CONTRACTOR shall abridge the right of 'any beneficiary hereunder, whose C_s_ may be unsatisfied. PROVIDED, FURtKER, that the Surety Company must be authorized tc business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this -nth one of which shall be IN PRESENCE OF: instrument is executed in three (3) counterparts, deemed an original, thi34Brday of w,`( , 20&. Ka erine Vagher, Se tart' (Corporate Seall) IN PRESENCE OF, N/A ZN : E-SENCE OF: Edelina M. Burger'. Surety Witness Principal A-1 Chipseal Company A-1 Chiuseal Cm6an ('title) Vaghek, President 11684 Huron Stre , Suite 104B Northglenn,. CO 80234 - (Address) Other Partners By: N/A By: Surety Q Hartford Casualty �Insurance Company Q By: 11140u; .%17' Florietta Acosta By .__Attorney -in -Fact (Address) :eZv seal) PiM : .Date of nd must not be prior 'TVCONMCCTOR is Partnership, to date of Agreement. all partners should execute Bond. 1/96 _ s'`==`-. 701010 Page 2 SECTION 00615 PAYMENT BOND Bond No. 34BCSDY5033 i<NOW ALL MEN BY THRSF PRESENTS: that (Firm) A-1 Chipseall Company (Address) 11684 Huron Street, Suite 104B, Northglenn, CO 80234 San Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) Hartford CaGsualty Insurance Company (Address) Tower 4-1-47 Hartford Plaza, Hartford, CT 06115 hereinafter referred to as "the Surety", are held and firmly bound unto the itv of Fort C llins 300 Laporte Ave. Fort Collins Colorado 80522 a {vfunicipal Corporation) hereinafter referred to as "L11e OWNER", in the penal 9L' & of Three Hundrep Thirty Nine Thousand Two Hundred Thirty Two and * in lawful money of the Vnited states, f r tho payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. * 24/100--------- ($339,232.24)-------- i3$ CONDITIONS O THIS OBLIGATION are such that whereas the Prin ipal entered into a Certain Agreement with the oi4NER, dated the day of L. 2GAh a copy of which is hereto attached and made a part le_scf fc_ narformance' of The City of Fort Collins project, Bid 5967 Asp;a_t P-cject 2006. NOW, 'THEREFORE, if the Principal shall rfiakP payment t0 all re_sa=s; subcontractors, and corporations furnishing materials for or perf.;_-a:_n_ the prosecution of the Work provided for in such Agreement ar an -.- authorized extension or modification thereof, inciuding all amounts d::e materials, lubricants, repairs on machinery, equipment and tools, consumed, re,1ted or used in connection with the cons truntion of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work -nhe har by subcontractor or otherwise, then this obligation shall be void; c:"rer:vise to remain in full force and effect. 7/96 Section 00615 Page 1 PROVIDED, FURTHER, that the said Surety, for value receivua, hereby stipulwtca and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to hw performed thereunder or the Specificationsaccompanying the same shall in any way affect its obligation on this bond: and it does herebv 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 .abririga the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety company must bo 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 ' y of 20&. IN PMSENCE 0 t ; vrinoipal A- ipseal ompa L By: t Xathwine Vagher, Secretary Ben Vagher, P sident (Title) 11684 Huron Street, Suite 104B ' Northglenn CO 81234 (Address) (Corporate Seal) t" IN PRESENCE DIE: Other Partners N/A N/A IN pREESENCR OF: Surety Hartford Casualt Insurance Compan BAJ/ Edelina M. $urger (J Florietta Acosta Surety Witness By: Attorney -in -Fact (Address) ` .(aaj�ety Seal) ',F NOTE: Date of, Bona must rtot 7ae pFio Tf'�TRACTOR is Partnership, {. `7/96 r to date of Agree=nt. all partners should execute Scud. Section 00615 Page'2 Directlnquiries/Claims to: THARTFORD POWER OF ATTORNEY P BOX" o OOA SYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 34-341300 0 Hartford Fire insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana X� Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, ip to the amount of unlimited. James S. Rosu(ek, J. R. Richards, Frank C. Penn, Dilynn Guam, Kevin W. McMahon, Donald E. Appleby, Gloria C. $1ackbum, Florietta Acosta, Kristen L. McCormick, Susan J. Lattarulo, Lisa T. Solove of Denver, CO :heir true and lawful Attorney(s)-i -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to e xecute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Cc mpanies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and -xecuting or guaranteeing bonds nd undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to esolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mecha ically applied signatures applied to this Power of Attorney. a .•`:;.wnmy} 1LVitt�T.'F •4acar•••t se .��A•slrl+�^• hMIA• "Zi`9i0-s�G y+tD7o� �4 l 79S `. 9 .urtv\9\3� �I�'G O� • �v'l4�als Unxv Paul A. Bergenholtz, Assistant Secretary David T. Akers, Assistant Vice President STATE OF CONNECTICUT �s, Hartford COUNTY OF HARTFORD On this 4th day of Augu t, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. Scott E. Paseka NotaryPublic CEIii1pCATE My Commission Expires October 31, 2007 I, the undersigned, ant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true a d Assistant correct ,,/ copy of the Power of Attorney executed by said Companies, which is still in full force effective as of 7o Bo�b� f�PAr� �L Signed and sealed at the City of Hartforj. r, �t'•+,r lx..,^ hNaat• i t, tp74 � .�➢;7,9 'p -,o . � • IAYILG\�l �a t� • "'u�'lrtaC Nry..l f;3��•i�� � . i e WWW Gary W. Sturnper, Assistant Vice President POA 2004 Cli.. 40- 9nGYR ACORD,., CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 05/11/06 PRODUCER HRH of Colorado THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 720 S. Colorado Blvd Ste 600-N P.O. Box 469025 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denver, CO 80246-9025 INSURERS AFFORDING COVERAGE NAIC # INSURED Snowy Company A-1 C 1935 Snowy Owl Drive Broomfield, CO 80020 INSURER A- Mountain States Insurance Grp 5900 INSURER B: Pinnacol Assurance 10780 INsuRERc: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANC POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY CPP0106662 10/01/05 10/01/06 EACH OCCURRENCE E1 00O 000 X COMMERCIAL GENERA UABIUTY DAMAGE TO RENTEDPREMISES (FA �) E70-0000 MED EXP (Any one Person) E1 O 000 CLAIMS MADE ® OCCUR PERSONAL S ADV INJURY $1000000 GENERAL AGGREGATE s2,000.000 GEN-L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG E2 OOO OOO POLICY J( TPRO- El LOC A AUTOMOBILE LIABILITY X ANY AUTO SAP0106662 10/01105 10/01/06 COMBINED SINGLE LIMIT (Ee accident) $7 ,000 ,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) E X HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per eccitlanl) S PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT E OTHER THAN EA ACC S ANY AUTO S AUTO ONLY: AGG A EXCESSIUMBRELLA LIABLLnjY X I OCCUR CLAIMS MADE UMB0106662 10M1105 10/01/06 EACH OCCURRENCE E5 000 000 AGGREGATE E5 0- ow or OOO $ DEDUCTIBLE FE X RETENTION E 10O 0 E B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECWTNE 4055760 ffiOwners/Ocers 10/01/05 10/01/06 X WC STATU- OTH- E.L. EACH ACCIDENT $500 000 OFFICERIMEMBER EXCLUDED? Nyes AL cribePRO ISIO SPECIAL PROVISIONS below Included E.L. DISEASE -EA EMPLOYEE $500 000 E.L. DISEASE -POLICY LIMIT ESOO OOO OTHER DESCRIPTION OF OPERATIONS I LOCAT S I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS Project Description: 5967 Asphalt Slurry Seal Project 2006 The following are Additional lInsureds as respects General Liability and Umbrella Liability (Following Form) only if required by written contract (See Attached Descriptions)', City of Fort Coll! 300 La Porte Fort Collins, CO LD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 'fin• DAYS WRITTEN Z TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IE NO OBLIGATION OR LIABILITY OF ANY NBID UPON THE INSURER ITS AGENTS OR ACORD 25 (2001/08) 1 Of 3 #S290444/M266147 LZM 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25S (2001108) 2 of 3 #S290444/M266147 DESCRIPTIONS (Continued from Page 1) and coverage applies only as respects work performed by the Insured for the Additional Insureds. All coverage terms, conditions and exclusions of the policy apply. The following are Additional Insureds on the Automobile Liability only to the extent they meet the definition of an insured in the policy, which provides in pertinent part that an insured includes anyone liable for the conduct of another Insured but only to the extent of that liability. All coverage terms, conditions and exclusions of the policy apply. Consult the policy to determine the extent of coverage, if any. Additional Insureds: City of Fort Collins The General Liability coverage is Primary per the policy terms & conditions only if required by written contract. The Additional Insured endorsement which is referenced above under "Type of Insurance -General Liability" is attached. ' The following cancellation conditions always apply: -10 days for non-payment of premium - If policy shown, 10 days for Workers' Compensation for fraud; material misrepresentation; non-payment of premium; other reasons approved by the Commissioner of Insurance AMS 25.3 The OWNER reserves the right to reject any and all Bids, and to waive any informalitibs 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 personalproperty, 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 6r 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 c / By Vraes B. O'Neill, II, CPPO,chasing/Risk Management Director 07/2001 Section 00020 Page 2 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE:Bid 5967 Asphalt Slurry Seal Project 2006 PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: Citv of Fort Collins CONTRACTOR: A-1 Chipseal Company 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. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. By: CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on I 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 _ Fort Collins, Colorado, has accepted for the City of Fort Collins project, Bid 5967 2006. 20 20_, the City of the Work completed by _Asphalt Slurry Seal Project A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated 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: A-1 Chipseal Company (CONTRACTOR) PROJECT:Bid 5967 Asphalt Slurry Seal Project 2006 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 OWNERi against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the 7/96 Section 00650 Page 1 OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of , 20 CONTRACTOR: A-1 Chipseal Company 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: Notary Public 7/96 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: A-1 Chipseal Company PROJECT: 5967 Asphalt Slurry Seal Project 2006 CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , (Surety Company) M ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. 7/96 Section 00650 Page 3 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DRonz (dzlde) C COLORADO DEPARTMENT OF REVENUE V OENVE R CO fit taml za2-2416 CONTRACTOR APPLICATION z-zate FOR EXEMPTION CERTIFICATE PursuanttoStatute Section 39 2&114(1Xa)p(IX) DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental ofequipment, supplies, and materials which are purchased, rented, or consumed by the corrctactor and which do Trot become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. SUbcorltraLIOT5 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. a a Atwut o. m a a:sy eacyPeriod 999 0170-750 $0.00 89 - � � sa,adebd cmetmaion etas date: Esdmalad wmPletion dala'. 98 - l dedare under penally of perjury in the second degree Mat the statements made in Oris application are true and complete to the best of my ImoWedge. Section 00670 Page 1 Special Notice Contractors who have completed this application in the past, please note the following changes in procedure The Deparment will no longer issue individual Certificates of exam ption to subcontractors. Only prime contrac- tors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 8W has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89- 12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeed- ing numbers will be issued by the Department of Revenue. DO NOT enter what you believe lobe the next in sequence as this may delay processing of your application. Section 00670 Page 2 SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF TUE CONSTRICTION CONTRACT prepared by the Enguiaets Taint Coaattact Doctunents Committee, E1CDC No. 1910-8 (IM Edition), as a base, tinges to that document are shown by underlining text that has been added and striking through text that has been deleted. EdCDC GENERAL CONDITIONS 1910-5 (1990 EDITION) WITH CITY Of TORT COLLINS MOD'IFIC;ATIONS (REV 9/99) Article or Paragraph Number &'rule TABLE OF, CONTEM'S OF GENFRAT. CONDMONS Page Article or Paragraph Numh-r Number & Title DEFINITIONS, � ..... — .......... ............. .... ... Ll Addenda, ........ ...... 12 Agreement ........................................ ... I 11 Application for Payment ........ ... ........ 1-4 Asbestos L5 Bid 1.6 Bidding Documents_._ . L7 Bidding Requirements...., .. .. ........... 1,8 Bundsi.................................................1 1.9 Change Order ................. .......... 1.10 Contract Documents 1.11 Coritract Prioe_ ,, _ ,, . ................... 1 1.12 ContractTinits ......... ..... ...... — .......... 1.13 CONTRACTOR 1.14 dq'ective .............................................1 1.15 DTawings .... ........ ....... 3 1.16 Effective Date of the Agreement;........., 1 1.17 ENGINEER_,_,,,_........ _.................... I 1.19 ENGINFER's Consultant, ...... _ ... _ ....... 1.19 Field Ordcr._.. .... ......... ............ 1120 General Requirements.,, 1-21 Hazardous waste 1.22'a Laws and Regulations; Laws or Regulations, .................... __ .. ...... I .. e� 1,221.11 Legal Holidays . ........ .......... ......... 2 1 Z3 Lions ............. . . ....... ..... 'I 1,24 Milestone'— ....... ... ................. ......... 2 1.25 Notice of Award... ... ...... ........... _2 1,26 Notice to Proceed ............................ ..... 2 L27 OWNER.......:_ . ....... 128 Partial Util ization ...... ... .. 1.29 PCBs. ....... .. .... ..................... 2 1.30 Petroleum__...._ ...... 1,31 Project,.........._ ... 1-1 .............. 1,31% Radioactive thwuirial, .... 1.32 b Regular Working Hours ...... ....... 2 133 Resident Project Representative, ......... 2 1.34 Samples—... 135 Shop Drawings ...... ...... .... . ...... . 1.36 SPteirleations_ _2 L37 Subcontractor......._ 1,38 ..................... Substantial Completion 1.39 Supplementary Conditions ....... 1.40 Supplier .... ...... .... . . ........ ............ _2 L41 Underground Facilities - 2-3 1,42 Unit Price Work— .............................. . 3 L43 Work ..... ........... ....... 1,44 Work Change Directive......... . ...... L45 Written Amendment..._.._.................. Page Number PRELINW-4ARY MATTERS. . .. ...... ... ... — 3 2,1 Delivery of Bonds_ , ... ., 3 2,2 G iiesofDcwumen4E..........._..........3 23 Commencement of Contract Timm, Noticeto Proceed_ 3 22.4 Starting the Work ' .... 15-2,7 Before Starting Construction; CoN'I'RACTOI;V s Responsi h I ity to Repot; prelim inary ScheAleN, Delivery of Certificates of Insurance.......--....... — —, 3-4 2.8 Preconstruction Conference.....,.,... 4 2.9 Initially Acceptable Schedules, . ..... -4 CONTRACT DOCLIENTS: INTENT, AMANDING, REUSEE .. .. ... _4 11-12 Intent --4 3.3 Reference to Standards and Speci- fications of Technical Societies~ Reporting and Resolving Dis- crepancies . ... .......... ........... ... _4-5 3,4 Intent of Certain Terms or AdjecEives........................... 5 15 ......... Amending Contract Doctments, ......... 5 3,6 Supplementing CAmtruct Documents—, - , , — .... ...... .. . 5 3,7 Rouse of Documents .........................5 AVAILABILITY OF LANDS, SUBSURFACE AND PHYSICAL CONDITIONS, REFERENCE POINT' S ........ 1 ..... .. 5 4.1 Availability of Lands;__ ...... 4-2 Subsurface and Physical Conditions .—I.- 41, 1 Rqj%U and Drawings ......................6 412 Limited Reliance by (X)NTRA('- TOR Authoriyxil', Technical Data-- ............ ................ .......... 4,2,3 Notice of Differing Subnrflla" or Physical Conditimi ...... 4.2.4 ENGINEEWs Review.,_._ ..... 425 Passable Contract Documents Change .................... __ " - ' 6 4,16 Possible Price and Times Adjustments_ , , .... , _ 1 .�-7 43 physical Cimditions,-(Jndcrgrotrnd Facilities 43.1 Shown or Indicated..._,..,......_.......? 43.2 Not Shown or Indicated........._._..... 4.4 Reference Points, EX.N.: (IM.A.M. 00MATION"S 1910 -9 (1999 MUM) W/ OTY OF FORT COLUM MOMCAMONS (MV 9199) SECTION 00100 INSTRUCTIONS TO BIDDERS Article or Paragraph page Article or Paragraph Page Number & Title Number Norther & Title Number 4,5 Asbestos, PCBs, Petroleum. Hazardous Nvaste or Radioactive Material BONDS A�W INSURANCH __ 3 5.1-5,2 Performance, Payment and Other Bonds 5,3 Licensed Sureties and Insurers; Certificates of Insurance 54 (7ONTRACTORs Liability _,q 5.5 OWNERs Liability Insurance...,_........ 9 5,6 property Insurance_ ............ ... .... 10 5.7 Boiler and t4achinery or Addi- tional Property Insurance. _.... _ 10 5.8 Notice of Cancellation Peomsion 10 5.9 CONTRACTMsResponsibility for Deductible Amounts __J0 5,10 Other Special Insurance, ............ j 0 5.11 Waiver of Rights...............................11 5,12-5.13 Receipt and Application of Insurance Proceeds 10-11 5.14 Acceptance of Bonds and Insw- ance; Option to Replace_.............. 5AS Partial thilizotion—Property _,11 (3ONTRACTOR'S RESPONSIBILITIES & 1 -6.2 Supervision and Supermue-ndeneq ... _, 11 6A.6,5 Labor. Materials and Equipment.._ 11-12 6,6 Progress Schedule_.. . ........ _ _ ....... _12 67 Substitutes and "Or -Equal" items; CONTRAC"fORs Expanse; Substitute Construction Methods or Procedures; UNGINHER's Evaluation., . ..... .... 12-13 68-6. 11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights, .... ....... ........... J3-14 612 Patent Fees anti 14 6,13 Permits 6.14 Laws and Regul ations; .........14 14 6.15 Taxes._......_14-15 6.16 Use of Prain i ses ............. 15 6,17 Site Cleanliness - ., - ...... 15 6.18 Safe Structural Loading ....... .............. 15 6.19 Record Documents j 5 620 Safety and Protection 15-16 6.21 Safety Representative .... ....................16 6,22 Hazard Communication Programs_ -, 16 623 Emergencies_ . .......... : ... — .... ...... .... 16 6.24 Shop Drawings and Sampt . ..............16 6-15 Submittal Proceedures , (,,(-)N- TRACTOR!s Review Prior to Shop Drawing or Sample Submittal ............ 16 6.20 Shop Drawing & Simple Submit- tals Review by ENGINEER__ 16-17 6.27 Responsibility for Variations From Contract Documents ....... _17 618 Related Work Performed Prior to l-,NGfNMR!s Review and Approval of Required Submittals ... -- ..... ........ ...... 17 &29 Continuing the Work., ......... .... .... J7 6.30 CONTRACTOR's General Warranty and Guarantee 7 6.31-633 Indemnification, ......... _ . 7.18 6.34 Sury ivid of Obligations ...................18 7, OTHER WORK 18 7.1-73 Related Work at Site .... 74 Coordinatim ..... . ........ _.......is OWNERS RESPONSIBILITIES ............. 8.1 Communications to CON- TRACTOR IS 8.2 Replacement of ENGINEER, ..,.....,IS S3 kInnish Data 4ndNy Promptly When Due ..................................18 &4 Lands and Easements; Rcwts and Tests 18-19 8.5 Insurance... ................ J9 8.6 Change Or;;,k-, ... .... ......... 19 K7 Inspections, Tests and Approvals ..... ........... ___............19 U Stop or Suspend Work; Terminate CONTRACTOR's Services ............... ........... ...... 19 &9 Limitations on OWNER'S Responsibilities ............. __ .... ..... J9 5-10 Asbestos, PCBs, Petroleum, hazardous Waste or Radioactive Material,__„,_.,,. 19 9.11 Evidence of Firtancal Arrangements.,_ ........ ................. 1. 9 ENGINTEEXS STATUS DMING CONSTRUCTION 19 91 OWNER's Repre.wntative9.2 .... .. ...... 19 Visits to site., .........................19 9.3 Project Representative, _ ......... . 19-21 9A Clarifications and lnterprc- tations .... 21 9.5 Authorized Variations in tMrk 21 WIX'GEMMALCOWA-MM, 291Q-8(1990F1)1110,1j WICITY OF FORTCOLUMMODIPICATIOM (RVV9/M Atticto or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 9A RejectingDtfective Work ()349 Shop Drawings, Change Orders and Payments ....................................21 9]0 Determinatims for Unit Prices, .21-22 9-11-9,12 Decistous on Disputes, P.NQI- NUM as Initial Interpreter..,.,..,.., 9,13 Limitations on ENGINM[Cs Authority and Responsibilitics_._"_-23 CIIANG31i'S IN I'll1i WORK............_........, 23 if). I OWNER's Ordered Change,,,__... _,43 14, 10.2 Claim for Adjustment ............ .... _ _3 103 Work Not Required by Contract Documents,....,..,.. ...... .. ...... ....... 23 10A ChaW OrderA_ .................. ... ....... 23 105 Notification of Surety_...._... . , _ , _23 M-NNGF OF CONTRACT MCE .... IIA-11'.1 Comractfirice; Claim for Adjustm cut; Value of the Work...._ ............ . .......... 23-24 11.4 Cost of the Work ....... ..... __ ........ 24-25 IL5 Exclusions to Cost of the Work .......... 25 IL6 CONTRACTORs Fee -75 IL7 Cost Records.___ ... ... __,_25-26 11's Cash Allowances ........... _26 11.9 Unit Price Work_ � ...... ...... . ........ 26 CHANGE OF CONTRACT TIMES ............................26 12,1 Claim for Adjustment ...... I 16 12.2 Time of the Essence ..........................26 12.3 Delays Beyond CONTRACTORs Control ...... ___ ..... ................... :26-27 12.4 Delays Beyond OWNER's and Ck)NTRACTOR!s CoMol................27 TESTS AM INSPECTIONS; CORRECTION, RLMOVAL OR ACCEPTANCE OF 1)i"Ft'(.*T1Vb'* WORK...................... I . ' I ' I I . . I I ' ' , ., ..... _ 27 131 Notice of Mfeoi 27 13,2 Access to the Work ....... 2 .Z7 1.13 Tests and Inspections-. CONTRACTORs Cooperation,....... 27 13.4 OWNEWs Responsibilities; Independent Testing Laboratory .. ... 27 133 CONTRACTORS Responsibilities_ 11 _,7 116,117 Covering Work Prior to Inspee_ tion, Testing or Approval_ __ ........ 27 13.8-139 Uncovering Work at ENG I - NERR's Request 141 ............ ... 27-28 13,10 OWNER May Stop the Work .... ... 28 13,11 Correction or Real oval of Defective Work __ ...... ___ .... ...:8 13.12 Correction Period__................ . 28 13.13 Acceptance of Defecl1w Work ... ..... 29 1-1,14 OWNER May Correct Dttfective Work'' 2114-29 PAYlvWNTSTO CONTRACTOR AND COMPLETION ...... ..... ........... ......... 29 14A Schedule of Values ....... 79 14,2 Application for Progress Payment , . ...... .............. ____29 143 MNTRACTOR's Warranty of Title.... ........................ .... _29 14.4-14,1 Review of Applications for Progress Paym envj_ _ . .... __29-30 14.8-10 Substantial Completion ..................30 34) 14.10 Partial Utilization_ ....... _ ......... 30-31 14,11 Final inspection..._........................ 31 14,12 Final Application for Payment ........ 31 )413-1+14 Final Payment and Acceptance..... _31 14,13 Waiver of Claims 31-32 15. SUSPENSION OF WORK AND TERMINATION ............................................... 32 15.1 OWNER May Suspaid Work , ......... 32 15.2-13,4 OWNER IN*y Terminate_ _ ...... _ 32 15.5 CONTRACTOR May Stop Work or Terminate................. 32-33 M DISPUTE RESOLIJ-17TON ...... 33 17, MISCELLANFOUS _31 17.1 Giving Notic................................33 17.2 Computation of Times ............... __33 173 Notice of Claim ... _, _33 17A Cumulative Ramediak "33 17.5 Professional Fees and Court Costs Included 13 0.6 Applicable State Laws,......._.... 33-34 Intentionally left blank...._ .............. . ...... 35 EXHIBIT GC -A; (Optional) Dispute Resolution Agreement GC -Al 16.1-166 Arbitration ...GC -Al 167 EAAX', LIV"ALCOMXTIOINM 1910-9 (199a RATION) W CITY Of FORT COLLM MODMCA71CN8 (MV9199) 1KDrXT0 GENFRAL COMMONS (',try of Fog Collins modifications to the Central Conditions of the Construction Contract are not shown in this index Article or Paragraph I No in ber Acceptance of - Bonds and InsurancQ ........................................5.14 defective WoO .............. .... .,I 0 4 1, 11.5. 13.13 final payment . ...... 9,11 14 13 insurartce., i. 14 other Work. by COVI'RACTOlk.., 7.3 .Substitutes and 'Or -Equal" Items ... .. ....... Work by OWNER ........ .......... _2.5630, 6.34 Access to the Lands, OWNER andCONTRACTOR responsibilities, ................. .......... .... ..... 4.1 site, related Work......_ ........ ....... _ ..... ..... - _-7.2 Work, ........... ...... ......... _13.1 13.14, 14,9 Acts or Omissions,, Acts and Omissions— CCMRA(70R 6 9-1, 9.13.3 I-MMUR .... 620, 9,13.3 OWNER 8.9 Addenda --definition of (also see definition of Specificatico,%) ....... (L6, 1, lo, 6.11), 1.1 Additional Property Insurances ................................. 5,7 Adjustor ants -- Contract Price or Contract Times_ .. ....... ___). 5, 3.5, 4.1, 4.12, 4.5.2, 4.53,9.4.9,5, M2-10.4, .11.1111, 12, 14,8. 151 progress schedule............ _.......... ..... ___ ...... . i6,6 Agreement -- definition 0( ... ........ ....... ),2 "All -Risk' Insurance, policy fbrna. .. ........ .. . .... _J.6.2 Allowances, Cash ....... .......... ........... ... ..... ..... JL8 Amending Contract Dommentsi ............................... 3.5 Amendment, Written— in general,_.........10, 1.43, 15, 5, 10, 5.12 6.61 ........... 8.2, 619, 10.1, 10.4, 111 .................................. 121, 13,12.Z 14.7,2 Appeal, CWKE,'R or CONTRACTOR intent 9.10,9,11, It) 4, 16.2, 16,5 Application for Payment -- definitiono(......................................................I.3 ENG MIER's Re-pimsability...............................9.9 final payment ' _ . ...... ' 9 ' 13 4,9A3 5, 14 12-14 15 in general ..... ...... ___11.2.8,2!, 5.6A,9,10, 15.5 progress payment..__._......_...._..._ review of . ........ .,14.4-14,7 Admiration Asbcstcs claims pursuant thereto .......... ......... 4 5.2,4,53 CONTRACTOR authorized to stop Work ......... ..4.5.2 definition of _.1.4 Article or Paragraph Number OWNER responsibility for ...... ___ ... ..... 9,10 possible price and times chqn8q___ _ 9-5.2 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_ ......... ...... Bid --definition of _.I. 5 11.?.5-2.8 (), 1, 1. 1% 13, 3 3, 1 ... 1. 1. 1 1 1 1 1 1 1. 1, . 4.2.15A, 6. 13, 11,43, 11.9. 1) Bidding Documents —definition Of........... Bidding Requirements --definition of J.7 (1.1, 42,62) Bonds -- acceptance of__ ..... ... , 5.14 additional bonds 10.5, IIA.5.9 Cost, of the Work ....... ....................... ........... J1.5.4 definition of ........ ... ..... 1.8 delivery ol_ ... 5.1 final Application ftwPayment., general ............ 1. 10, 5.1.5.3, 5.13, 1.1.111 ........... __.. SIJ3.10,5. 14.7,6 Pericirrunnee, Payment and Other ....... ...... 5,1-5.2 Ponds and Insurance --in general _, ,,, _ _. . ........ __ _ 5 Builder's risk "ail -risk" policy forth . ............... ....... 5.6.2 Cancellation Provisions, Insurance_..._. 5,4,11, 3,13, 5.15 Cash Allowairim..- ................................................11.8 Certificate of Substantial Completion ...... 11,38, 6.X2.3, . ..... __ ................ ____ ......... _14-13, 14,10 Certificates of Inspection ................... 9.114,133,14.12 Certificates of Insurance . ............ 23, 5.3.5.4.11, 5.4.13, ..... .. ..... 5.6.3, 5.8, 5.14, 9.13.4, 14.12 Change in Contract Pricc Cash Allowances, .......... .. ...... ...........11.8 claim for price adjustment.__._., _4.1, 4.16, 4.5, 3,15, 6,8.2, 9.4 . _9, 9,11, 102, 10.5, 11,2 139, ...................13.13, 13,14, 14,7, 15.1, 15,5 CONTRACTOWs 11.6 C,ast of the Work general.. .. ...... ..... ........... Exclusions 1.5 Cast Records , . .. .... 11.7 in general ... ...... _1 19, 1.44,51A1, 10.4,2, 10.4 3, 11 Lump Sam Priciig..........................................113.2 Notification Of Surety_..._...., .... ....... . ..... .... ,103 Scope of,__ . .. ..... ........... .. ......... ......... 10.3-10A Testing and Inspection, Uncovering the Wcirk............... . 119 HX1X'(AE.NhAAL (701,0171ONS 191" (1990 EDITION) WICITY OF FOPTCOLLM MODMAInONS OMV9/991 Unit Price Work- 11,9 Article or Paragraph Number Value aWork_ _1 I Change in Cciritract Times — Claim for times adjustme-rd.,__4 1, 4 16, 45, 515, 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 111, 11-119, 13.13, 13.14, 147, 15.1, 15,5 Contractual time limiLl,__ 122 Delays beyond CONTRACTORN control 123 Delays beyond OWMR's and CONTRACTORs control .............................12.4 Notification ol'surety, 10.5 Scope of change..._.,..._. Change Ordem- Acceptance otDeftetive Work_ ..... _13-13 Amending Contract Doc=cn4 ...........................3.5 Cash Allowances,, .... ..... __ ........ _11.g Change of Contract Price ............... _ ........ ... _ ..,.I I Change of Contract Times ..... .. ..... ................ 12 Changes in the Work.._ ._ - --1 1 ..... I-- .... --J() CONTRACTOKs fee.. . ........................ ........... 11-6 C<rA of the Work ... .... ................. ............ 11.4-11,7 Cost Rwads--_ .............. ............ )1,7 definition of ............. - _ ............. .. ....... ... ... _ _ , , '1,9 emergencies............ ....... --- ....................0.23 104,112,121 execution of JOA Indemnifittion ............... ........ 6,12, &16, 631.6,33 Insurance, Bonds and:.. , - .5,10, 5.13, W5 OWNER JURY terminate ... ---- ...... -_ ...... 13,2-13.4 ORINERs Responsibility_ ... ....... _ ............ $.6,10.4 Physical Conditions — Subsurface amd Underground Facilities---- ................. Record Docurn tints.....,-.--- ......... .......... ........... A19 Scope of Change_ ...... ............. 10.3-10.4 Subsfitweit ...... ........ 6.7.3' 68.2 Unit Price Wok........_........... _.... ..... .. jl,g value of Work, covered by ..... ..... _113 Changes inthe Work _ ... ...10 Notification ofsurcty.-. lo.s OWNER's and CONTRACTOR responsibilities i ' ""' ' "" ' - ...... ........... .... JOA Right to an adjusainent, ...... ...... — -- ....... _10,2 Scope of change... ...... ........ ...... _10.3-10A Claims — against CONFRACTOR agamst INGINEER ..................... ..... �5. 32 RPinst OWNER.,..., .. . 32 Change of Contract Pricq_.. ............ 9.4,11.2 Change of Contract Times ...........................9.4, 12.1 CONTRACTORs.............4, 71, 9.4, 9,5. 9,11, 10,2. ..............._.......I Ll 11,9, 12A, t19, 14,8, 15,1, 15.5, 17.3 (X)NTRACTOR'S Fee.. J 1.6 Article or paragraph Number CON7TRACTORs Imbiliq ...... _ _ 5, 4, 0,12, 616, 6,31 Cost of the tk*ork. 11,4,11.5 Decisions on t)i.vtjtcs ....................._,.......9,11, 9.12 Dispute Resolution...,........ . .... ... .. ........ � J6.1 Dispute Resolution Agreement,,............ greement ..... ............. 16,1-16.6 ENGINSER its initial interpreter .... gm Lump Sum Pricing, 13.2 Notice 0. _ _ _ 1,73 OWNERS ....... ... 94.95.91L 10-2, 11.2, 11,9 —12.], 13.9, 13.13, 13.14, 17.3 OWNEwsliability .. ........... _ ........ _ ............... OWNER may refuse to make payment _'5.5 ..... ...... ... 14.7 Professional Fees and Court Costs Included request for formal decision on ........ ........ ....... Substitute Items ... ... 6.7. 1 Time fixterution .... J2.1 Time requirements.................................. 9-11,12.1 Unit Price Work... _..... --,JL93 Value of ).1.3 Waiver or —on Final Payment ....... ......... )4,14, 14,15 Work Change Directive..,._ ..... .... __ ......... ...... 10.2 written notice required......... ...... P-11, 11.2,12.1 Clarifiections and Interpretations, ......... _16.3, 9.4, 9,11 Clean Site ... - .... .. 6,17 Codes of Technical Society, Organization or Association Commencement of Contract Tunes__..... Communications — general ...... ............... 62, 6.9.2. Srl Hazard Communication Programs .... 6,22 Completion — Final Application for Paymeni ............ ...... ___1432 Final Inspection ..... Final Payment and Acceptancq_ ........... 14,13-14.14 Partial Utilization........_.............—___14.10 Substantial Completion ......... .. ........ j.38, 14,8-14.9 Waiver of Claims 1415 Computation of Times,...,.,,.__.. _17.2,1-IT2.2 Concerning Subcontractors, Suppliers and Mors conferences -- initially acceptable scheduler ............. _19 preconstructiort, ................................................. Conflict, Error, Ambiguity. Discrepmwy— CONTRACTOIZ to Report, 2,5. 3,12 Construction, before starting by CONTRACTOR 25-27 Construction Machinery. Equipment, etc . ....... ..... .. 6.4 Continuing the Work, ....................................6.29,10.4 Contract Documents -- Amending .... ............... ................... ......... 3 '5 Bonds 5.1 ECDC M*R.AL CONDMOM. 1910.8 (J991) r"-noisit Wi CYTY or FORT OOLLINS MODMCA710M (krV "9) Cash Allowances.__.._._.......... _11,8 Article or Paragraph Number Change of Contract Nice .. ............. ..... __. I I Change of Contract Times "" '......... I I Changes in the Work,_.._ ....... -__ .......... 10.4-10,5 check and verily......._ .. ...... ... Clarifications and Interpretations, ... ..... __3,2, 3.6, 9.4, 9,11 definition of 1.10 l,'NGI\U-,FR as initial interpreter of . ...... - � -, .?I I ENGINFER as OINNER's representative . .......... _q, I gcneraU Insurance Intent 1 3.4 minor variations in the Work............... ....... . ....... 3,6 OWNER's responsibility to furnish daia. 83 Civxm's responsibility to make prompt payin tilt ..... ....... ___ ..... _F3, 14.4,14.13 precedence...._.._,...., ....... ......... ....... _ 3 1.33 Record Documents,,,,,,,,,,,,,,,,,,, ........ . ........0.19 Reference to Standards and Specifications of Technical Societies...................................3.3 Related Work 7.2 Reporting and Resolving Discrepancicq._ .... 2.5,33 Reuse of ...... ........ ... __17 Supplementing...,....... _ ......... .... . .... j.6 Termination of ENGINEEles limploymenl� „ ........ 8,2 Unit Price work L9 variations ............. ................ __16, 6.23, 6.27 Visits to Sitc, BN( 3INE8R'q_,. ............ 9_1 Contract Price - adjustment of ... ........... z3.5, 4.1, 9.4, 10.3, 11.2-11.3 Change of. _. JI Decision on Disputes........................................9.11 dertraition 0( ........ ___ ....... Contract Times- adjustin ent of ..........................3.5, 4.1, 9.4, 10,3, 12 Change of......_........_., ..............12.1-12.4 Commencement ol'. . ...... ......... -_ ...... ____ _:23 definition .... CONTRACTOR - Acceptance offinsurance Communications._.._ ............. . 6,2,6,9.2 Continue Work ... ........... ........ i5- 29, 10A coordination and schedufing_ � ......... ...... �. 9,2 definition 0(., .... --- ...... ...... .....1.13 Limited Reliance on Technical Data Authorized. 41 22 May Stop Woik or Terminate...,. ,.. ...... 15.5 provide site access to others,,....,_..... ___,7.2, 112 Safety and Protection ...... ...........4.11 �2, 6.16, 6.18, ............... 6,21-6.23, T2. 13,22 Shop Drawing and Sample Review Prior to Submittal vii Stop W`ork requirements....... ........ +5 2 CUNTRACTOR's— Article or Paragraph Number C"Orapens3tion 11.1-11.2 Continuing ON18attoA ...... ...... ___ .......... 14,15 Defective Work ....... . ....... .......... . 9.6,13,10-13.14 Duty to correct defective Work. .. .... ...... Duty to Report - Changes in the Work caused by Emergency ., .-- . � . . . ........ &23 Defects in Work of Others._ .......................... 7 3 Differing conditions_... ......... ..... ..... __ .... 4,2.3 Discrepancy in Documents ......... 15, 312 6,14,2 Underground Facilities not indicateiJ_ _ .... 4.3.22 Emergencies .................. __ ......... . ...... ___6,23 Equipment and Machinery Rental, Cost Of the Work 11 A.5.3 Fee --Cost Plus .... .. 1-4.5.6, 11 5A, 11.6 General Warranty an uaranter,-_ ............... _6.30 Hazard Communication Programs_ .... ....... 6.22 Indemnification_ � ..... ... ....... 15-12. 6.16, 6.31-6,33 Inspection of the Worl;............................... 73, 13.4 Labor. Materials and Equipment..... ............... 03-&5 Laws and Regulation-, Compliance by,,.,,,_..... 6,14.1 Liability Insurance ... __ .... ....... ..... ..... ..... ...... 5.4 Notice of Intent to Appeal._, __ . __ . . ......... % to, 10.4 obligation to perform and complete the Work Patent Fe" and Royalties, paid for by ........... ..... 6, 12 Performance and Cither Bonds 5A Permits, obtained and paid for 1:�' 13 Progress Schedule . ........ .......... 2,O. 2.8, 2.9, 6,6, --iiial -—— .1-11----- - j6,29,10,4,15,2.1 Request for Formal disputes,,,,,,,,,,,,,, 9A 1 Responsibilities— ChRriges in the Work 10.1 Concerning Subcontractors, Suppliers and Others _ Continuing the Work.._... ... ..... _6 229, 10.4 CONTRACTOWs CON'TRACTORs General Warranty and Guarantee.._._.... , I _ .... .... ... .. 6-30 CWrRACTOX s review prior to Shop Drawing or Sample sutnuittat ............ __0.25 Coordination orWork,. . . ..... ....... 6.9 2 Emergencies............. _ ....... ... 6.23 ENGINT-ERs evaluation, Substitutes or"Or-Equal" Items, 6.73 For Acti and Omissioni,, of Others.,....,.,,. "' ' .. _i5) 9 1-642, ( )A3 for deductible amountainsuranotk .... _ 11---15 9 general ..... ............ 451 7,2, 73. 89 Hazardous Communication Programs_._._.... 6.22 Indemnification, ............. ..... _631-6,33 FrXX'UENffiRAL CO.4ATION181910-8 (1990 FJ)JJJ(.)N) wi CITY Or FORT COLLINS MODWWA170N5 W.V 919% Labor. Materials and Equipment . ... ..... 6.1-6.5 Laws and Regulations_ 6,14 Liability "'urance - , _ ....... ... ................5.4 -Article or Paragraph Number Notice of variation from Contract Dorumentik fi.27 .... .... _ ..... . ... _ ................ Patent Fees and Royaftieg....... .. ......0.12 Permits. ._613 Progress Schedule,,. 6.6 Record Documents,_, _ ..... ... . ..... 6 19 related Work performed prior to ENGINEERs approval of required submittals _fi.28 safe structural loading . .... .. ... ... . ........ 6,18 Safety and Protection...... - .. ....... 6,20, T2, 13.2 Safety ftresentative.., , ____ ,............621 Scheduling the Work............_....................6.92 .%op Drawings and Samples ..................... 61 44 .Shop Drawings and Samples Review byENGINEER.......................................6.26 Site Cleanliness.... .. 6,17 Submittal Procedures ....... ........... -- ..... 6.25 Substitute Construction Methods and Procedures .,_, ................ ......... __ ,6,7.2 Substitutes and 00Y-Equal' Items ... .... __ _6.7,1 Superintendencq.... ......................................0.2 Supervision........ _. _....... ..... ...... .... 6.1 Survival of Obligations _.. . _ . ............... ........ 6.34 Taxes.........................................................6.15 Tests and inspections._....._._ ... .... 133 ToReport,'. 111.1411 ... -1- 1111111.1. 1.1123 Use of Premius ........ 0.16-6.18. 6.30.2.4 Review Prior to Shop Draixing or Semple 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, - J 1.9, 12.1, 13.9, 14. 8, 1 S. 1. 15.5, 17.3 Safety and Protection ................. 6.20 6.22. 7.2, 13.2 Safety RWesentanw__-, ___ ........ ........... 6.21 Shop Drawings and Samples Subm ittals_ _6.244 28 Special Consultants'., 11.4A Substitute Construction Methods and Ftocedures, 6 7 Substitutes and "Or -Equal" Items, Expense..,. _.............. ................. _6.7.1, 6.7.2 Subountroctors, Suppliers and Others .. ... ... 0,84 11 Supervision and Superintendence ..... 6, 1, 62, &21 Taxes, Payment by... 0 15 I use of Premises Warranties and guarantees......... 5, 6.30 Warranty of .................14.3 Written Notice Required - CONTRACTOR stop Work or tarmimrtZ.,,_. 15,5 Rep" of Differing. Subsurface and Physical Conditions ............... ........ 414 Substantial Cuniplation 14,8 Viii ('01%rl' RACTORS-other 7 Contractual Unbilitylvisurance. 5A. 10 Contractual Time Limits 12.2 Article or Paragraph Number Coordination- CONMNCTOWs responsibility .... .. ..... Copes of DoGuments .... .. . .. ..... .. .......... .......... Correction, Removal or Acceptance of Defective WDrk- - i o genci w ( 10. 4.1, 13, 1 0L 13,14 Acceptance ofDofictivv Work .... ........ . .... 13.13 Correction or Removal of Defective Work__ __ _ . _ � � . ...... ...... 6.30, 1111 C=ection Period ..... .... ........ _ ...... __ ...... .. .. 13,12 OWNER May Correct Defective Work, . , .. * 13,14 OWNER May Stop Work ....... ........... .......... 13.10 (lost -- of T ests and Inspections, Recordall.7 Cost of the Work -- Bonds and insurance, additional ........ J 1,4.5.9 Cash Diocouritq. ......... .................................11.4.2 11.4.2 CONTRAC TOWs Fee, 11A Employee Expenses ......................................1 L*5. 1 Exclusions to ... ....... ____ ............ J 1.5 General) 1.4-11.5 Home office and overhead expense* ...................:it's Losses and damages ..... .................. ......... _1 1.4,5.6 Materials and equipment .. ......... ......... _ 11,4,2 Minor expenses ............ .......... ..... ........ J1.4.5.8 Payroll costs on changes .................................11.4.1 performed by Subcontractors ..........................11.43 Records 11.7 Rentals of construction equipment and machinery,,..,.. ......... .............. .11.4.5.3 Royalty payments, permits and license tees_ .... ........... _ ................... J1.4.5.5 Site office and temporary fitailitie* ...... ........ 114.5.2 Special Consultants, CONTRACTOR's ...... t lAA Supplemental .............. ..... .. ..... ... . .. .. ...... 11.4,5 Taxes related to the Worl 5A Tests and Inspection, � ........ .......... .............. I 3A Trade Discounts,,..._..........._........ ...... .......... 11,42 utilities, fuel and sanitary lbcififiea_ .... 1.4.5.7 Work After regular hours. .... 11,41 Covering Work, , _ ... .. ..... ... ... U6-133 C,'umulative Remedies- , . .............. ....... 17A.175 Cutting, fitting and patching..._ .......... T2 Data, to be furnished by OWNER,_ � ......... ... 1-1.1 3.3 Day -definition of ......... ___ ..... .......... ... .... 172,2 Decisions on Disputes_ ....... ............. ...... 9, 11. 9,12 *fictive-Aefinition of ... ............ ... _114 eWscriw Work- AQcvptan",jf _10AA, 13.13 EXI)CUENNFRAf. CONDITIONS 1910-9 (1991) WITION) WICITY Or' FORT (.X)LUMMODMCA'nONSOW,,VW" Correction or Removal of....-,_..-. _J0.4-I, 1,1,11 Correction Period 13.12 in general,..:..._.. , .... .... . J3, 14.$ 14,11 Article or paragraph Number Observation by UMINEER-............................. 92 OWNER ktayStop Xk`ork___ Prompt Notice of Defects .......................13.1 Rejecting...... _ _....... ........... _9.6 Uncovering the XVQTk, 13 8 Definitions I Delays ... ...... ...... ........... _4A, 629, 123-12.4 Delivery of Bonds .... ..... __ , _ _ Delivery of certificates of tnsurance<__ ........... _2.1 Delerminations for Unit Prices ... .. ...... _ .9. to Differing Subsurface or Physical Conditions. - Notice of ' ' * ' ' ' -'41 --.1.1-1 4.2.3 - ENGI]NFEisievie'w .......... 4.2.4 Possible Contract Documents Change.............. 4,2,5 Possible Nice and Times Adjustments .... ......... 4.2,6 Discrepancies -Reporting and Resolving_ 2.5, 3,3,2, 6.14,2 Dispute Resolution - Agreement ......... .................. ........ )6,1-16;6 Arbitration,,,..,,,.,._ .... ...... ..... ....... .. 16.1-16,5 gvner-016 Mcdiatiort................. ......... J64 ....... Dispute Resolution Agreement .... ................ ....... __j6,I-I6,6 Disputes, Decisions by ENGINEER .................. 9.11-9,12 Documents -- Copies of... .. ..... ..... .... Record 6.19 Reuse of, Drawings-deftnition of....._........_ ... . Easements-- ............ ..... - .......... ___ ..... __ .......... 4.1 Effective dote of Agreement - definition of__ ...... _L 16 Emergencies.__..,.. ......... 623 ENGINEER -- as initial interpreter on disputes ........ ...... _9. 11-9. 12 definition 17 Limitations (in authority and responsibiliticj§, .... 9.13 Replacement of,_ _ , _ _ _ ... ... ...... ... ___ _�S 2 Rem&nt Project Representative ....... . _ .... ... .9,3 LNGMER's Consultant -- definition of 1, 18 ENGMEWS- authority and responsibility, limitations on_ ...... 9. 13 Authorized Variations in the World.. ____ ......... 9.5 Change Orders, responsibility for,, 9,7, io. 11. 12 Clarifications and Interpretations k ... .. _ 3.6-1, 94 Decisions an Disputes,.... ............ 9. 1 t-9. 12 defective Work, notice of„_.......__.....___1',4.1 Evaluation or Substitute Items ... ............. .. __fi.73 Liability _ ........... .............. .......... ___ ..... §32,9,12 Notice Work is Acceptable .. - ...... ........ ... . J4,13 obscrvliticos.................. ... __ ............ ..... 0.30,2, 9.-� OWNERS Representative 9,1 Paym cots to the CONT RIC IO'R, Responsibility for_.. , ....... ..... Recommendation of Payment_ 14A, 14.13 Article or Paragraph Number I2espoiisibilities-4,imitatiois on, ...... -9.13 Review of Reports on Differing Subsurface and Physical Conditions....,-,...._..., .... .. .. _ +2.4 Shop Drawings and Samples, review responsibility..._ _ .......... ... .... _0,26 Status During Coristruction- authorized variations in the ihlorL ..... P.5 Clarifications and Interpretations ... .. ........... 9.4 Decisions on Disputes ................ ..... Determinations on Unit Price_ ENGINEER as Initial Interpreter, ENGMERs Responsibilities ................9.1.9.12 Limitations cm ENGfINFERs Authority and .Responsibilities..... _............... . . _ 9.13 OWNER's RX4110sentative -.9A Project Representative,....... ..........9.3 Rejecting Weeliw Work .......... ......... _Y.6 Shop Drawings, Change Orders and Payments__ ....... .9,7-9.9 Visits to Sitii< Unit Price determinations, .................9.10 Visits to Site..._ .. - ..... ...... ...... ... .................. 9.2 Written consent requireq .......................... _ ... 7,2, 9.1 Equipment, Labor, Motamb and-.- ..... _- ........ 0.3-6.5 Equipment rental, Cost of the Work, ...... _ - . 11,4.5.3 Equivalent Materials and Equipment .......... .......... .(x7 error or an issionq. . ..... ..... . ......... ........ ..... __0.33 Fvialenoe of Financial Arrangementti_ ..... , _ ....... 0.11 Explorations of physical conditions ....................... .421 Fee, CONTRACTORS --Costs Plus ........ .............. )L6 Field Order - definition of issued by ]3146�' 3,6.1, 9.5 Final Application for Payment.- ... ... ...... . . ...... ) 4.12 Final Inspecticn........................ Final Payment -- and Acceptance 14,13-14,14 Prior to, for cash allaw,xic'es 11.8 General Provisions ........ ...................... _17.3-17.4 General Requirements - definition of ....... .... ..... ....... --- ...... principal references to.. 2.(% 6A, 6,647, 6.24 (living Notice 17.1 Guarantee of Work -by CONTRACTOR 630, 14.12 Hazard Communication Programs,,,, Hazardous Waste -- definition of, _j-21 general.... ....... ........... .. ..... .... 4.5 OWNER's reqponsibil ity for.._ .. ........... $Ao W aTY Of FoR-r coLLTNS mQDMCk-n0Ns (REV 9199) Indemnification 6_1 21 6 16, 6 31-6-33 initially Acceptable Schedules, 19 Inspection— Certificates of .... .. ........ 9,13,4, 115, 14.12 Final 14.11 Article or Paragraph Number Special, required byFINGINEER ........ . ....... ... .9.6 Tests and Approval ... .......... __._ _ 3.1, 13.3-0 4 Insurance. - Acceptance of, by OWNER_....... _514 Additional, required by changes in the work-1.11 11A.5.9 Before starting the Work .......... ....... ................. 2.7 Bands and --in Cancellation Provisions -.5.8 Certificates of_ ................2.7, 5, 5-3, 5.4,11, 5.4.13, I ..... * ......... ' ' 5.6.5,5.ff, 5,14, 9.13-4,14.122 .......................5 completed operations,, ............ ............. _ .... _54.13 CONITRACTORN.Liahility, _ ..... ..... ................ _5.4 CONTRACTOR'S objccuicift to coverage,_ __.5. 14 Contractual Liability ............ .......... ....... 5,4. 10 deductible amounts, CONTRACTORS responsibility................................................ . 5.9 Final Applicalion few Payment ........... ............. 14,12 Licensed Insurers Notice requirements, material changes ........ 5.8,10.5 Option to Replace. .............. __ ....... _ ... _ ..... 5.14 other special insurance* ....................................5.10 OWNER as fiduciary for insured* ..............5.12.5.I3 OWNER's Liability ............ .. ........... ____ .. .. ... 5.5 OWFNMR!s Responsibility .............. .... .... ___, _8.5 Partial Utilization, Property Insurance„ _... ...... - 5.15 Property... . .............. __ ............. ...... _ ..... 5,6-5-10 Receipt and Application of Insurance Piooftds.__ ........ .... ......... ......... ....... 5.12-5.13 Special Insurance. .......... ..... ........... 5.10 Waiver of Rights............_ _511 Intent of Contract DocrumeritS_ .... ........ ...... .... 3,144 Interpretatious and Clarifications, .................. .. 3,6,3,9.4 Investigations of physical conditiony... .... I.- ......... I.A.2 Labor, Materials and Equipment.. .... �3-63 Lands -- and Essem ents.. _.... . ........ .................. .... ...... .$A Availability of,.. � .......... ........ ..... ....... A, 1, 8.4 Reports and Tests ................... ...,RA Laws and Regulations --Lades or Regulations -- Bonds 5,1-5,2 Changes in the Work 10A Contract Documcnts� 3,1 CONTRACTORS Responsibilities .. ...... .. ...... 0,14 Correction Period, defectrve Work-. ...... ... .... _J3.12 Cost of the Work taxes ........................... _J1,45-4 definition ot. 1.22 gencral6,14 Indeninificution Insurance, ....... .. .... . ....... ... - 1 1_513 Precedence 3'1' 3.3.3 Reference to ............ ... ............ .... 3.3.1 Safety and Protection... _..._ .... ... ...... ... 6,20, 13.2 Subcontractors, Suppliers and Others .. .... _68-611 ,,Article or Paragraph Num her 'resisand Inspections,,,,,, J15 Use of Prem ises_ 6A6 Visits to Sue 9.2 Liability trisurance-- CO\UIRACTOR's ............................................... 5.4 OWNERS 5.5 licensed Sureties and Insurers......_ .... ......... .......... 51 kicw__ Application for Progress Payment ............ ....... _141 CONTRA( 30R's Warranty of Title_ ... .... __ , 143 Final Application for Payment .................... I ..... 14.12 definition of....................................._...........A. 1 Waiver of Claims . ..................... ................ 14.15 Lim itatims on ENGINEFIZ's authority and responsibilities, _ ......... .... .................... ......... 9,13 Limited Reliance by CONTRACTOR Authorized......................................................4 2.2 Maintenance and Operating Manuals— Final Application for k%,rncnt., ....... 14.12 Manuals (of others) -- Precedence . ....... ........ . .... ... ... 33.3.1 Reference to in Conuact Dooiaaen4 ................. 33A Materials and equipment -- furnished by CX)NTRACTOR 63 not incorporated in Work,... Materials or equipment--equ ivaleiu ............... .......... .0.7 Mediation (Optional)...., .. __ . .. .... .. .. ..... _ ...... j 63 Milestones. -definition of ............................ __ ...... J .24 Miscellanoovis-- Computation of Times.. .. ........ __% _17,2 Cumulative Remedies........_ ........ _ ....... J7.4 Giving Notice........ ..... ............ _17.1 Notice of C',laim-, .17.3 Professional Fees and Court Costs Multi-privic contracts.,, Not Shovvn or Indicated... 13-2 Notice of -- Acceptability u[Ih*ot_ ........... ... ... .... ..... 14. 13 Award, derjnaionof .1. 111.1-11 Claim...........................................................I7.3 Defects, 1 3A Differing Subsurface or Physical Conditions, 4.2.3 Giving " '.. '_ _ .,....._J7.1 Tests and Inspections .. . .... ... .......... ........ Variation, Shop Drawing and Sample, ................ 0.27 Notice to Proceed -- definition o( ......................................................1. 26 giving of, .... .. _2.3 1910-8 (1990 MTV)N) wi CITY Or FORT COLLINS MODIFICATIONS (MV 0," Notification to Surety ... ... ... 103 Obsavations,byENWNLER 04), 9.2 Occupancy of the Work-, .. ........ 5, I5. 6,30.2.4, 14.10 Orrimsions or acts by CONTRACTOR, 69, 9.13 Open Peril policy form, Insurance ............ ... ........ 5.6.2 Option to Replace ... .... .............. ...... .............. 5,14 Article or Paragraph Number "Or Equal" Items ....... 03 Other work 7 Overtime Work—prohihition of,. 6.3 OWNER — Acceptance ot'defective Work ...........................13.13 appoint sit LNGINMER .................... .................8.2 as fiduciary .......... ........... ............ ....... 3. 1215, 13 Availability of Iands, responsibility . .............. 4A definition of...._........._._.........._ ......... .... ...... 1.27 data, furnish......_ .. ........... ......... ... .3 May Correa Defecirive Work .......... ........ ........ 13,14 May refuse to make, payment ...... .......... ... 14,7 May Stop the Work,..,..,_...._...._..,.._...............33.10 Mjy Suspend Work, Terminate.........._........_. 8A 13,10, 15A-15A Payment, make prompt, .................... $3, 14A, 14.13 perform ance of other work .................................. T1 permits and licenses, requirem ent§....................4.13 purchased insurance requirements............ 5.6-5A0 OWNERs-- Acceptance of the Work..........,__.,........._, 6.3112,5 Change Orders, obligation to axectaq., ..... $.6,10,4 Communications ............................................... 81 Coordination of the Work T4 Disputes, request for decisicn ...... 911 Inspections, tests and approvals .................. 0.7, 114 Liability hisuranm ... . ... .... ........ .... .5,5 Notice Of Defects,,,,,,,,,,,,,,,,,,, ....... ....... 13.1 Representative —During Construction, ENGINEERs Status 9.1 Responsibilities — Asbestos, PCS4 Petroleum, Hazardous Wage or Radioactive Material ll.10 Change Orders ................................. ......... 8 6 Changes in the Work,....... ... ...... .. .... ...101 communications 8A CONTPUXCTORsresporisibifitiea, ........ ...... &9 evidence of financial artangernontbi, ........ , , $.11 inspections, tests and approvals ........... . ...... . R.7 funds and easemaits,. ......8.4 prompt payment by., replacement of ENGINEER, ....... ... ........... reports; and tests... ... .... ..... ....... ........... . stop or suspend Work-- 13.10, 151 terminate CONURACTORs services_..__.._....-... separate reprew.ritative at site............_ .. ....... 93 testing, independent ...... . ...... use or occupancy of the Work ................... 1 5, 6.30.2.4, 14,10 written consent or approval required, ....... 9. 1, 63, 11A EKA)C GENFAM. CONOMON'S1910-8 (1990 EfX 110N wf CITY CR FORT COLLMMODWICADONS ffMV 9/9% Article or Paragraph Nunilier written notice required ......... ...... 7,1,9.4,9,11. IL2, 11.9, 14,7, 134 PCBs -- definition of— 1,29 general, _. ......... .......... OWNER's responsibility for ........ . ..... .... ... A10 Partial UtihzRtion-- definition 1,28 general 6 30,2 4. 14.10 Property hisurance, 5 patent Fees and Royalties ........................................6.12. Payment Bonds ... ---- ......... 5.1-5.2 Payments, Recommendation nt..............14.4-14.7, 14.13 Payments to CONTRACTOR and Completion — Application for ProgressPayments ............. ........14.2 MN'TRACTOFM Warranty of Tifle, . -- . - � ... 14A Final Application for Payment, .........................14.12 Final Inspection ...... ......................... . ____14.11 Finall'syment and Acceptance ... ...... ... 14,13-1414 general._, ...... .............. ......... ...... ....... 83,14 Partial Utilization MAO Retainage......................................... ............... _14,2 Review of Applications fir Progress Paymerift ................... _ ........ j4A-14.7 prompt paymenk __83 Schedule of Values........._.._ .. ... . .............. __14,1 Substantial Completion, ....... .......... . ... .... 14-8-14,9 Waiver of Claims............................................ 14A5 when payments Juq ....... _ ....... ....... 14,4,14.13 withholding payment, 143 Performance Bonds 5,1-5,2 Permits ......... _0.13 Petroleum — definition of .....................................................I.30 general.... ......... ...................... ........ .......... .... 4, 5 OWNER's responsibility for ..............................8.10 Physical Conditions — Drawings of. in or relating to....... ......... . .4 111 2 ENOINEERs review........................................4.2A existing structures....__ .... ..... .. . _ 4.2,12 general 4.2,11.2 _ . ................. ........... . .. .... Notice of Differing Subsurface ot ......... 4-23 Possible Contract Documents Change 1.2.5 Possible Price and Timm Adjustments .... .. _ 1416 Reports and Drawings ...... ............. ........... 4-1.1 Subsurface and .......... . ...... .4.2 Subsurface Condition4 4,2.1 1 Technical Data, Limited Reliance by cf,)NTRAcroiz Authorized.,. _4 -12 Underground Facilities — general............. ...... ............. ........ 43 Not Shown or Indicited,, .... . ..... 4,11 Protection o.........................................4.3, 6 20 Article or Paragraph Number Shown or Indicated... ..... Technical Data ..... . .......... 4.12 Preconstruction cooferencq._ ................................... 2.8 Preliminary Matters_ _ , . - - ' ' L . .......... -- ... . .... Preliminary Schedules.,, ........ __ ......... ....... I_- ........ 2.6 Premises. Use of___ _ . .......... .. .. ......... ... k,16-6. IS Price, Change of Contract......... ..... Price, Contract —definition of._ .......... ........ Progress Payment. Applications for,_ ProgressPalment—retainage 14,2 Progress schedule, CONTRACTOWs ..... 1,6, 18, 2 9, 1-11--- .............. ... 6.6, 6.29, 10.4, 15.2.1 Project --definition of 1,31 Project Representative— ENGINEEITs Status During Construction, ....... .... 93 Project Representative, Resident —definition of ..... ... 1,33 prompt payment by OWNER ..................................... 83 Property Insurance -- Additional ......... . ..... . .... .. ........ . ............ ..... 5.7 genera][5.6-5,10 Partial Utilization .............. —.5.15. 14.10.2 receipt and application of procceds ...... ... _5.12-5.13 Protection, Safety and ................... .......... 0,2045,21, 13-2 Purich list ......... .... .... ....... -- ........... ............... 14.11 Radioactive "terial— defirdtion of ......... .. .. .. ... .. ... .................. 1.32 genera14.5 OWNER's responsibility for .............................. ?. 10 Recommendation of Pnymcnt, ....... __J44, 14.5, 1413 Record Documents ----619, 14.12 Records, procedures for maintaining ...... ........... ... .2,8 Reference Points........._......._._.....................4.4 Reference to Standards and Specificatims of Technical Societies .........................................3.3 Regulations, Laws And (or) ......................................6.14 Rtjocting Defecfive Work 9A Related Work — at Site ........ ............. ........... .... .... 71-7.3 Performed -prior to Shop Drawings and Samples submittals review ........... _.11.1J5 28 Remedies, curaulative .... ....... --- __ __17A 175 Removal or Correction ofDafectiw Work _ _- __13.11 rental agreements, OWNER approval required - 1.1 L4.5.3 teplooftitent of ENGINEER, by0V,`NER_................. Reporting And Resolving Discrepancies ................................2.5, 3.3,2, 6 14,2 Reports — and Drawings.... ........ ..... .......... . 4.2.1 and Tests, OWNIR's responsibility..._.., Resident and Project Representative — definition of .... ........ ....... — ---- ........ .. 1,33 provisionfor ........ ..................... ...... .............. ..... 9.3 Xii RJUX! tkINERM, COMITIONS 1910.8 (1"1 POITION) W/ CITY Of FORT COLLM MOMICAMNS (REV WM 1.0 DEFINED TERMS 2.0 3.0 SECTION 00100 INSTRUCTIONS TO BIDDERS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 edO have the meanings assigned to them in the General Conditions. The ter "Bidder" means one who submits a Bid to OWNER, as distinct from a sub-b dder, who submits a Bid to Bidder. The terms "Successful Bidder" means t e lowest, qualified, responsible and responsive Bidder to whom OWNER ( n basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or InvitatOn to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt'of Bids). COPIES OF BIDDING DOCUMENTS 2.1. C mplete sets of Bidding Documents may be obtained as stated in the Invitat'on to Bid. No partial sets will be issued. The Bidding Documen s 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 Documen s. 2.3. The submitted Bid proposal shall. include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. o� ER and Engineer, in making copies of Bidding Documents available on the bove 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. QUALIFIUATION OF BIDDERS 3.1 Toldemonstrate qualifications to perform submit at the time of the Bid opening, qualifications including financial data, experience, previous commitments and evidence businessl in the jurisdiction where the Project contain evidence of Bidder's qualification to where t e Project is located or covenant to prior to award of the contract. The Statement prepared on the form provided in Section 00420. 3.2. In the Work, each Bidder must a written statement of a summary of previous of authority to conduct is located. Each Bid must do business in the state obtain such qualification of Qualifications shall be accordance with Section 8-160 of the Code of the City of Fort 12/03 Section 00100 Page 1 Article or Paragraph Number Resident Superintendent, CONTRACTOlts . ..... ... _6 2 Responsibilities-- CONTRACTOWs-in general........_......._ .............. LNGINEM's-in general .. .... Limitations on 9,13 OWNER's-in general...,....._ Reutuage J 41 Reuse of Docum ents, , ......... .... ..... . 33 Review by('(")N'TRACTOR Shop Drawings and Samples Prior to Submittal,,,,,, ...................6.25 0.25 Review of Applications for Progress payments [4.4-14.7 Right to an adjustment....._........__.. .. ..... ..... JO.2 Rights of Way.._ _ .... .................... . ..... ... .. ..... . -4.1 Royalties, patent Fees and ......................................6.12 Safe Structural Loading........._...... .... .. __AS Safety — and Protection,, .......... .............. ... ,4.12, 6,16, 6.18, 7.2, 112 general . ........ .............. _ ........................... () 20-4. 23 Representative, CONTRACTOKs.......................0.21 Samples -- definition of ........ .........................................J.34 general ........ ....... A-6.28 Review by (X)NTRACTOR, ..... ...... .......... 6,25 Review by ENGINEER__ ... ................ ... k,20„ 621 related Work ................................................. _0 28 subruittal of., � ..... ........ . .. ....... . _6124.2 submittal prcicedure4__ ........... ........ .. ... ..... _0.25 Schedule of progress-.-, ........ ............ _ 2.6, 2.8-19, 6.6. 10-4, 15,21 Schedule of Shop Drawing and Sample Submittals_ ..... ___2.6, 2.8-29, 624-6.28 Schedule of Schedules -- Adherence to,_ Adjusting.... ......... ... ..... . .... .. ............... 0..6 Change of Contract Time ... ....... _ ... _ .... ___ ... 10A initially Acceptable_-_ .... ..... .. . ............ .. 2.8, 2 9 Preliminary. .. .... ..... .......2.6 Scope of Changes__ .... ..... ... ..... _ ............ 10.3-10.4 Subsurface Conditions 4,11.1 Shop Drawings -- and Siumpks, general ...... ................... 624-6-19 Change Orders & Applications fur Palments, and,.... definition of, 1111-11 ENGINHER's approval of .... ... : ........ 3,6.2 ENGINIHER'sresponsibit Ity for revie............. ___ ......... .... _93,614-6,28 related Work ... ............ ........ .... 6,28 review procedures,., ............... ....... _2 8, 6,24-6.29 Article or Atragraph Number stibm itial required,,,.._......._.....__... ._ , , _.o.24.1 Submittal Procedures ........................................6.25 use to approve substitutions,.,_,....__..._ _ _I57.3 Shown or Indicated .................... .......... _ ..... A.3.1 Site Access ....... .. ... .... __72,13,2 Site Cleanliness....... 17 Site, Visits to, - by ENGINTER. 9.2, 13.2 by others ...... 13,2 .special Causes of loss" policy form, insurance., ...... ....... ........ .. .....5-6'2 definition .................................J.36 Specifications— definiation of................................. 1. 36 of Technical Societies, reference to . .......... .... _ 1.11 precedence..................................................... 3.3.3 Standards and Specifications of Technical Societies__ ........ ......................3.3 33 Starting Construction, Before. , __ .... ...... _ z 5'2. 8 Starting the Work _ � .... ...... ........ ....... .......... Stop or Suspend Work -- by CONTRACTOR, . ..................... ............... 15,5 by OWNER . ........ .......... ............. ... 8.8,13,10,13.1 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 gcncaaJ____ 6.8-6.11 Subcontracts, --required previsions .. _ _5,11, 6.11, 11.43 Submittals — Applications for Nym ent_ � ................. ............ 14.2 Maintenance and Operation Manuals ... _ ..... _14,12 Procedures ... ............. ........... ........ ...... ..... §.25 Progress Schedules„_ .. ..... .......... ............. 2.0, 2.9 SampIcs ............... ................ ... ..... 6,24-6.29 Schedule of values...................................2.6, 14A Schedule of Shop Drawings and Samples Submissions..._._ 2,8-2,9 Shop Drawings ..................... 6,24 -6.' 28 Substantial Completion -- corn rication o( ,0.3023, 14,8-14,9 definition j,38 Substitute Construction Methods or Procedures... _6.7.2 Substitutes and "Or Equal" Items__ CONTRACTOR's Expense ......... ..................4.7.13 ENGINMER'sE'viduation 6,73 "Or -Equal........... . ..... ..... .. ...... . 6,7, 1A Substitute Construction Methods xiii Erl)C UFNMAL C .0NDITIO". 19111-8 (IWO ED11101N) WaTYCRFORT COUM. MOI)MCATIOMOtEVW99) Article or Paragraph Number or Procedures .... ............................ ..... 6, 7-2 Substitute Items.......... . .... .... 671-2 Subsurface and Physical Conditions -- Drawings of, in or raising to, ................ 4.2-1.2 ENGINEEWs Review 4,14 general, . ............................... 4 2 Limited Reliance by CONTRACTOR Authorized_ ....... ..... ............. .. 4.22 Notice of Differing Subsufface or Physical Conditions._..........._.,.. _...................4.23 Physical Conditions ....................................... 4.112 Possible Contract Docurn ents Charige__ 1. ".. — , 4'2.5 Possible Rice andTimes Adjuattaenv............... 41.2.6 Reports and Drawings ........... ........ . .. ___._.4.2 1 Subsurface and................................................... . 4.2 Subsurface Conditions at the Site._ _......... .....42 1.1 Technical Data ........ ....... ...... I—_ .......... --.4 2 2 Supervision— CONTRACTORs responsibility—, ... ...... .... 0.1 OWNER shall not supervise................................8.9 ENGINEER shall not superviag ..... I .... 9, Z 9,13,2 Superintendence .................. ......... ...... -G2 Superintendent, CONTRACTOR's resident _0.2 Supplemental costs ......... ............ .... .. ..... _jlA,5 Supplementary Conditions -- definition of ........................ ........ — ...... --- .... J39 principal references tq.................1.10, 1. 18, 2.2, 23, ...... _41, 4.3, 5, 1, 3,15.4, 5A-5.9, 5AI, 6.8, 6.13, 7A, 8,11, 93,910 Supplementing Contract Document* .........................3.6 Supplier — definition of .....................................................).40 principal refivericaes tq .... _3.7, 6,3, 6.8.6.11, 6.20, 0.24,9,13, 14.12 Waiver of Rights ........... ...... ................... 6.11 Surety — consent to final payment ..................... j 4, 121, 14,14 ENGINEER has no duty tq .... ___ ...... __ ...... __ 9-13 Notification of,, , , , ... ...... ...... 10,1, 10.5, 13.2 qualification of.,__,,. ' ' '* ' " ' , 1-1 5.1-5.3 Survival of Obligations- ................. ............ .. ...... . j634 Suspend Work, OWNER May ......... —.—B.M 15A Suspension of Work. and Termination.-,, ........... _15 CONTRACTORMay Stop Work or Terminate.. ..... . .. . ... OWNER May Suspend Week_...... 15.1 OWNER May Terminate ._ ., _ . .................. .15.2-15.4 Taxes—PayincrebyCONTRACTOR.. ..... . Technical Data -- Limited Reliance by CONTRACTOR ............ ... 42-2 Possible Price and Times Adjustments ........ __4.2 6 Reports of DiffiwingSubsurface and Physical Conditions.... 4.13 Xly Temporary construction facilities ........ .. I . .... --- I . 4 1 Article or Paragraph Number Termination— by(--0NrRACI'0R...,,.. -- 11 ... 1-1115-5 by OWNER. ...................15.I.15.4 of INGINTAiRs employment .. ... ........... Suspension of Work-in general., ......... ... ... .... 13 Terms and Adjectives., .. ... .. . ...... ......... Tests and Inspections — Access to the Work, by others 112 CONTRACT OR's jesIxinsibilit10% ..... cost of 13.4 covering Work prior to..... _ ....... ....... I ...... 114-117 Laws and Regulations for)_.....-.._........ .......... IM Notice of Defects: ........ ... __ .............. .... ........ 13A OWNER May Stop Work_.... . 01AN*ER's independent testing ..........................13.4 special, required by FNG1NFFR_-_ .......... . ...... 9.6 timely notice required ............. ..... .. .......... 13.4 Uncovering theWork, at ENGINEMs request .. .. .. .... . ........ . ..... [3.8-13.9 Times-- Adjusting......._.................................................6.6 Change of Contract ......... ..... .... ............ _-12 Computation of..,_ ..... ... _- .... .... ........ ........... M2 Contract Times --definition of.,, .. ..... . __ ._J.12 day... ..... ..... _ ... ..... ....... ........ . ...... .... 17.2,2 Milestones........................ ....... ............... Roquirernents— appeals— - ......... . —....9.10,16 clarifications, claims and disputes ... ___9.11, 11.2,12 Commencement of Contract Times...,..... __713 Preconstruction Conference ...........................2.8 schedules- ........... ............. ..... -2-6, 2,9, 6.6 Starting the Work_ ........................ ... ... 14 Title, Warranty of... , I ..... 11- ......... ....... --- ... --14.3 Uncovering Work.....-_ ...... ............ ................ 13.8-13.9 Underground Fucil3fies, Physical Conditions — definition of....................................................1.41 Not Shown or Indicated, .. .... 4.32 protection of_ Shown or Indicated,, Unit Rice Work — claims ,. . .. ... ..... . . . . .. ........ .... . 11,93 definition of .................................................... J. 4A' gelleralll.9, 14 I- 14-5 Unit Prices— gencraill-11 Determination for _9 10 Use of Premises— ....................... 6.16, 6.18, 6302.4 Utility ownors_ . 1. 1 .... ... I .............4.13, 6,20, 7.1-73, 13.2 Utiliwicdi, Partial ........... ...... 1,28. 5-15, 63UA. 14,10 Value of the Work.. ...... ...... 1.11 ........ 113 Valtics, Schtdule of � ... ... . ....... ... _2A 18-19, 14.1 EJ(:IX.* UENERAL COMAI MINN 1911) -8 (1990 UATIOTO * ("ITY OF FORT COLUM MODTFICATI ON15 (REV 919% Variations in Work--Mmor Authorized .6,25,627, 95 Article or paragraph Number Visits to Site --by EN,'GINFJ,-,R .................................... Waiver of Claims --on Pinal Paymoit.- . . 1 111.11.14. 15 Waiver of Rights by insured particy_ ................5.11, 6.11 Warranty and Guarantee, (jencral--by CONTRA(_-1 OR, . .......... ...... _ .. ........ __0.30 Warranty of Title, CONTRA(TOR'K........................I43 Work -- Access to,,.. byothers ........ ............. ......... _ ...... ...... _ 7 Changes in the...___ __ _ ....... ...... __10 Continuing the..........._ . _ ...... ........ ......... CONTRACTORMay Stop Work or Terminate._._._...............................15.5 Coordination of . . ....... ... .... _ _ 3.4 Cost of the ................................................11.4.11.5 definition of...,.__ - ' - _ - '-. __ ..... ........ 1,43 IR neglected by C6-NT. ACTOR ..... ... .............. 13.14 otherWork ...... ................ ...... ................. ___7 OWNER May Stop "orL ............ _ .... ___ ........ 13,10 O"MR May Suspend Work ..... ............. J3,10,15A Related, Work at Site_ ............. .................... 7.1-7.3 Starting the........._ ........ ... ........... ............ ....... 2A Stepping by CONTRACTOR ....... ............... 153 Stopping by OWNER_ Variation and deviation authorized, minor .... ...... 3A Work Change Directive -- claims pursuant W........................... .......... ..... J0.2 definitionof. principal references to.....................3.5.3. 10,1-10,2 Written Amendment— defirabon of._........:....... ............. ... _1.45 principal references tq ..............1.10, 3,5, 5.10.15,12, ..........................6.b.2, 612, 6,19,10.1,10.4, 1... 11.1111.11 ........ ... 11,2, 12A, 13,112,14.7,2 Written Clstrifications and Interpretations, ........... ........ 9.4, 9.11 Written Notice Required -- by C01,4TRACTOR ............................2.1, 9.104 11, 10A. 11.2,12.1 by OWNFrt 9,10- 9.11, 10.4, 11.2, 13,14 xv IUKTX; GENERAL two-8 awo Em-now wi C% TY OF FORT COLLINS N0011FICATIONS MEV 9/99) (This page left blank intentionally) xW FWDCUE'W AL CONFamOtis I910s Om EDITION) wf CITY OF FORT CMrM MOMFICATIONS (RCY W99) GENERAL C'ONDMONS ARTICLE 1-DETINI7'1ONS wherever used M these General Conchtiot% or inn flat other Contract Documents the following terms have the meanings indicated which are applicable to both the singular am plural thereof: 1.1 AdLkndia-AVritten or graphic instruments issued prior to the opening of Bids which clarify' correct or change the Biddmg Requirements or the Contract Documents 1.2. T4gneenzent- The written contract between OWINER and CONTRACTOR covering die Work to be performed, other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Rlfcalton for Pa anent --The form accepted by hNG1Nl R which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4, Asbestos ---Arty material that contains more than me peroant asbastoo and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Adminisstratiom 15, Bien -The offer or proposal of the bidder submitted at the prescribed form setting fords the prices fa the Work to be perfo med. 1.6. BiMi np Doctmtenis--The advertisement or imitation to Bid, instructions to bidders, the Sid fain, and the proposed contract Documents (including all Addenda issued prior to receipt of Bids). LT Bidding Requirements The advertisement or invitation to Bid instructions to bidders, and the Bid term. 1.8, Bards -Performance and Payment bands and other instruments o€security. 19. Change Onkr A document recommended by e4G1NEHR, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjutitmem.. in the (',ontmct Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1-14. Contract Dvcunwas-The Agreement, Addenda. (which pertain to the Contract Documents), CONTRACTOR's Bid (inncludutg documentation mcconpanying the Biel and any past. id documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreearnent, the Notice to proceed, the Bonds, dim General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the t•DOt7G00"AL COMMONS 1910-9 (1990 FMIXn) WICITY OF FORT tY)Lt,I M MOThrF1 CATION%(RI V 4aM) sane are mare specifically identified in the Agreement, together with all Written Amendment-, Change Orclas, Work Orange Directives, Field Orders and ENGINFER`s written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6A and 3.6.3 m or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragmphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4-11 and 4.2 2 are notCcntract Documents 1.11. CoNrael Price -The moneys payable by OW,'dER to CONTRACTOR for completion of the Wok in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 1 1.9.1 in the case of Unit Price Work.), L12. Conrrurt Threes -The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (it) to complete the Work so that it is ready for final payment as evidenced by ENGLNEMs written recommendation of final payment in accordance with paragraph 14.13. 1.13. COA17RAC7OR--The person, Firm orcorporation with whom OWNER bas entered into the Agreement 1,14. defeeive-An adjective which when modifying the word Wok refers to Work that is unsatisiectury, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the repuiremeras of any impaction, reference standard, test or approval referred to in the Contract Doormats, or has been damaged prior to ENGfNF.ER's recommendation of final payment (unless responsibility far the protection thereof has been assumed liy MWER at Substantial Completion in accordance with paragraph 14.8 or 14.1% 1.15, Drawings --The drawings which show the scope, extent and character of the Work to be famished and performed by CONTRACTOR and wt hwh have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so define& 1.16. Efeetfw Date Qf deer A8reenrent-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 sigh and deliver. 1-17, ENGLAEGR-The person, firm or corporation tamed as such it the Agreement. LM FAULNTER's Cahsttltani--A person, firm or corporation having a contract with l NGINEER to furnish services as ENGINEEI2's independent professional associate or consultant with respau to the Project and who is identified as such in the Supplementary Conditions. 1.19_ Veld Order -A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does n t involve a change in the Contract Price or the Contract Tithes. 1.20, < anan+l liegrtiramenis--Swoons of Division I of the Specifications. 1.21, Haan -"a gloste Tlw tern Hazerckus Waste shmll have the meaning provided in Section t004 of the Solid Waste Disposal Act (42 M' Section 6903) as amended from time to time. 1 22.s. Lams and Regulations; Lana or Regulations --Any and all applicable laws, rules, regulations ordinances, codex and orders of any and all governmental bodies, agencies, authorities and courts having juriaGetion. I_2^ b. Legal Hob s-shall be those hohdays observe] l�t,�e;-of crtCollinar 1.23. Liens—Lians, diarges, security interests or encumtuancesupon real property orpersonal property. 1.24, Milestone• -A principal event specified in the Contract. Documents relating to an intermediate completion date or time prior to Substtnttial Compleiim of all the Work. 1.25. Notice afAward A written notice by OWNER to the:nWbidder statirigthtuoncompliance by raperentsuoecssfiI bidder with the co ditians precedent enumerated therein, within the time specified, OWNER will sin and deliver the Agreement. 1,26. Notice to Pmeeed—A written notice givers by OWNER to CONTRACTOR (with a copy to fsNGINMRQ fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTORS obligations udder the Contract DoummU. 1.27. OWNER —The, public body or authority, co anon Association,firm or parson with whoa CTRACTC7R has entered into the Agreemett oral for whom the Work is to bo provided. 1.28. Pan'wl UNliaatlort Use by OWNER of a suttuantially completed part of the Work for the purpose for which it is intairled (or a related porpoise) prior to Suhattmtial C d mplabon ofall the Work. 1.29 PCBs—Polychlmirmted biphenyls. 130 Petroleraw-Potrolcum, including, crude oil or any fraction thereof which is liquid at standard conditions of temFFxrahwe midi pressure (60 degrees Fahrenheit and 14.7 pounds per suivare inch abnolute), such as oil, p e rolcmn., 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 lithe to be provided undue the Contract Documents may be die whole. or a part as indicated elsewhere in the Contract Documents. 1.32.a. Rach'aactive llaterial--Source, special nuclear, or bypra ct material as defined by the Atomic energy Act of FJCUC 0EKT:RAL C0hDIMOM 14M (1"Q E60at) wi CTdY OF FORT Ccu.iuns MODrEiCAli1OM' (P F..V 4(IOa) 1954 (42LSC Section 2011 at seq) as amended from timee to time. t _3h b Regu_lur 11ari tg Hmirs 12egulRr works.. .hours arc defined as 7 {hQpbl,-„to 6_taU» Wticys �odwrwise spe:.ttieci in the Genrml R ie ttl t rentettts. 1.33. Masident Project Rat resentative -The authorized representative of ENC1NEr who may he assigned to the site or any part flrercof. 1.34- Samples —Physical examples of materials, equipnterc or worknnanshi that are representative of sane porum of the Work and which establish the standards by which such portion of the Work wilt be judged 1,35 Shop Drunings—All drawings, diagrains, illustrations, schedules and other data or information which are �cc1Scaly' prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to fllustmte some potion of the World. 1 3h Spoeft'cadons—Those portions of the Contract Documents consisting of written technical dcscriplwns of materials, equipment, construction sy:aems, standards and workmanship as applied to the War: and ccirtain administrative details applicable thereto. 1.37. Subcwntroatot---An individual, firm or corporation having a direct contact 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 the r�f� pens p r to the kwim where, in the onpituon of ENG9 as evukvtad by IwWGINELR'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 compplet�e and ready for faml payment as evidenced by ENGINEER's written recommeidetion of final payment in accordance with paragraph 14.13. The tam °substantially complete' and "substantially completed" as applied to all or part of the Work refer to Substantial Comptetim thereof 1:39. Srrpplemenrwy Conditions —The part of the Contract Documents which amends or supplements these Genera t Conditions. 1.40. Supplier —A manufacturer, fabricator, supplier, distributor, materiahnan or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 141- ITndergrowid Facihhes—All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other Stich facilities or attachments, Wan ancasemenfs containing such facilities which have 6eerc installed underground to furnish any of the following services cc matarisls: electricity. gases, steam, liquid petroleum products, telephone or Mier communications. cable television, sewage and drainage removal, traffic or other ointrol systems or water- 1 A2. (Ait Poiee Work --Work to be paid for on the basis of unit prices. 1.43. If"ork--The entire completed construction or the various separately identifiable pps�is thereof requited to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and inoo rating materials and equipment into the construction, and parommng or furnishing services and furnishing documents; all as required by the Contract Documents 1.44. Work Change Urvctive--A written directive to CONTRACTOR, issued of or after the Effective Date of the AAg�rceemem and signed by OWNER. and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to ditiaing or unforeseen physical ocriditivas under which the Work is to be performed as provided in Paragmph4.2 or 4.3 or to emergencies under paragraph 6.23. A Wok 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 patties as to its effect, if any, on the Contract Price or Contract Times as Provided in paragraph 10.2, 1.45. Written Amendr+ent--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-PRELUMNARY MATTERS Delivery of Banrh: 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 S.1. Copies ofDocaments 2 2. OWNER shall furnish to CONC`RACJ rOR up to ten copies (unless otherwise specified in the Supplementary Conditiorm) of the Contract Documents as are reasoably necessary fur the execution of the Work. Additional copies will be titimshed,, upon request, at the coast of reproduction. Commencement of Contract Times; Nodee to Proceed: 2.3, rho Contract Tunes will commence to run on dnc thirtieth day after the Effective late of the Agreement, or, E1C1?C Gkt�1iAL GOM7117Ot15 h 5 t9& (19Y9 7;dcia0 rat Cn0F FORT(X)LIA M MOLAR CATIONS (REV 1,2000) 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 is raia�n, iiw aimti" day elk* the Agreement---lfaent--wtA-• the-fi•,rxvtreat--xlnttw y ot'l3id-openingor-thethirtiethdayafter-the Effective Date ofthe emen[;-whidiees,da is earlier. 9artingfhe Work: 2A. CONTRACTOR stall start to perform the Work on the date when the Contract Times commence to run, Nit no Work shall he done at the site Prior to the date on which the Contract Times commence to run. Before Starling Construction: 23. Before undertaking each pa rt of the Work, CONTRACTOR shad carefully and compare the contract Documents and chock and verify t figures shown thereon and all applicable measurements. CONTRACTOR shall promptly repot in WTltttlg to kiNCiANtinK cirit114t, error, alnoguffV of discrepancy which CONK ACTOR may discover and stall obainn a written interpretation or clarification from ENC WEER befoe proccohnng,� with My Work affected thereby; however, CONTRACTOR sbali not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discre�arncv to the Contract Docmneitts, unlessCON-I RAc r,0A knew or reasonably shmuldhaveknown thereof. 2.6 Within ten etays 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 Commact 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; gcrgjAable �vh!di a„Moms ]eaTP�t 21 vr�lencl�r days for each rcyiew by Enuitne 2.6.3. A proliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contact Price and will subdivide the Work into component parts in sufficient detail to save as the basis for pto payments during construction. Such prices will include an apPruPriate amount of overhead and profit applicable to each item of Work. IT Before any, Work at the site is started, CONTRACTOR and-GWNQE shidl cash deliver to the eNhar QMIE& with copies to iderrif" it) tlu.3lrpplemmntary.l onditiaav ENGINEER certificates a hwurance land other evidence of insurance wA: reasunably- -request rcu edby Ot5hEI2t which CON'TRACTOR-aiwJd3'4t��aR-�sp� is matured to purchase and maintain in accordance with paragraphs SA; 54and -5:7. Preconaua(dion Conference: 2.8, Within twemydays alter the Contract Tunes start to ruck but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will he told to esmblislo a working understanding among the parties as to the Work and to discuss the schedules referred to in pxrmgaph 2.6, prxedures far handling Shag Drawings and other submittals processing Appl tioats for Paymed and maintaining required records. Initially Aceap NeSehe4w&%: 29, Thies otherwise provided in the C:antmet Doo(umemts, sNe terrdaye bafare sttlat+i9sicora� Application lor-Paymennt before any work at t site bop s a conference attended by CONTRACTOR,. ENGINEER. and o deers as pp ate , t OWNER will he held to review fa ecarceptabiltty to ENO14NIRR as provided below the schedules submitted in accordance with �ph 2.6. 1u ,Pavata . TtFACTOR shall have an additional ten days to make corrections and adiustmems and to complete and resubmit the schedules. No pvgress payment call be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided belmv. The progress schedule will be acceptable to ENGINEER as providing an orderly progresum of the Work to completion within am specified Milestones and the Coraw Titres, but such acceptance will neither impose on ENGINEER responsibility for the ss�eqpuawing scheduling or progress of the work nor Emertbre with or relieve CONTRACTOR from CONTRACFORps full. responsibility therefor. C ONTRACTOR's schedule of Shop Drawntg acid Sample submissions will be acceptable td ENGINE as providing a workable arrangement for reviewing and processing the required submittals C ONTRACTOWs schadule of values will be acceptable to ENGINEER as to form and substage. ARTICLE 3--CONMiC T DOC I MF:N'TS: INTENT, AOIF',ND'ING, RFLSF Intent: 3f The Contract Ikawments comprise the entire agreement between OWNER and CONTRACTOR oonociung 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 EtCDGC1Eh'F7tA[, C%oA`Ur31CiNS t41PS tiA4tl Eeivan w! CSTY OF FORT (Y013A N%MODEM CA'11OM (RhV 42aon) describe a functionally complete Project (o part theryol) to be constructed in accordance with the Contract D ximicits. Arty Work, materials or equipment that may reasonably be inferred from the Contract Documems or from prevailing custom or trade usage as being required to produce the intended result will he furnished and performed whether or not specifically called for. When wards or phrases which have a well known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such wards or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be, issued by INGINHER as provided in ptaragrsph 9.4. 3.3. Reference to Sirandank and Specifraalions of Technicwl S'ocidim Reporting and ResvMng Discivandes; 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, urganintion or association, or to the Laws or Regulations of arty governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, cc& or Laws or Regulations in effect at the time of opening of Aids (or, on the Effective bate of the Agreement of there were no Bice), except as may be otherwise specifically stated kn the Contract Documers. 3.3.2. K during the performance of the Work. CONTIRAC'TOR discovers any conflict, error, ambguity or discrepancy within n the Contract Documents or between the Contract Documents and any provision of arry such Law or Regulation applicable to the perfcnnuance of the Work or of any such standard, specifcatiany manual or cote or of any instructionofany Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proud with the Work affected thereby (except in an emergency as authorized by pam plr 6.23) until an ametidatat or element to the �otritactDocuments has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided however, that CONTRACTOR shall not he liable to OWNER or ENGINEER for failure to report any such cwflict. error, ambiguity or discrepancy unlessCONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except as otherwise spetiilically 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 Lonflict, erne, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, specification, inarmal, code or instruction (whether or not specifically inccarporated by reference in the Contrnet Doatmem); or 3.332 the provisions of ray such Laws of Regulations applicable to the performance of tea Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Rogulafiom). No provision of any such standard, specification, marmAl, trade or instruction shall be effective to dumge the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, aonwthants agents or emplcyees from those sat forth to the Contract Documents, nor shell it be effective to assignto OWNER, NR3 FGER or any of ENGINRFR's Conarlams, agents or employees any duty or authority to supervise or direct the furnishing or perfomnanee of the Work or may duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Cosner Documents 3A4 Wherever in the Contract Documents the terms "as ordered", "as directed", "as required". "as allowed', "as approved" or toms 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 requirementt, drection review or juent of ENGINEER as to the Work, it is intended that surequourt tt, direction, review or judgment will be solely to evaluate, in general the completed Work for compliance with the requirements of and information in the Confivia Documents and oottformame with the design concept of the completed Pmed as a functioning whole as sham or indicated in the Contract Documents (unless there is a specific saterrent indicating otherwise). 'The use of any such term or adjective staU 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 mrtlxnrity to unmake responsibility contrary to Ste provisions of paragraph 9.13 or any other provision of the Contract Docameants. Amending and Sapplementigg 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 am of the following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Mange Order (pursuant to paragaph 16.4), or EXDC tJMAAAG (,',QN[X*nONS 19145 0 M Edaul) WICITY OF FORT ODL A M MODIFICATIONS tRFw d4aW) 3.53. a Work Change Directive (pursuant tr. paragraph 10.1). 3.6. In addition, the requitrments of the Contract Documents may be supplemented, and minor variations and deviations m the Work may be authonzed, in one or more of the following ways. 3.6.1. A Field Order {pursuant to paragraph 9.5), :1.6.2. FNGINT.TR's approval of a Shop Drawing or Sample (pursuant to paragraphs 6,26 and 6.27), or 3.6.3. ENGINEFR's written interpretation or clarification (pursuant to paragraph 9.4), ltnm of Documeatc: 3.7, CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or turnishing any of Ore Work under a direct or iminect contract with OWNER (i) shall not have or acquire any title to or owrnetship rights in any of the IhawirBs. Specifxatons or other documents (or copies of any timttrof) [prrooppaared by or bearing the scat of ENGINEER or 131v"C}ItvEF12b CAnsulattu, atxd (ii) shall not reuse any of such. Drawings, Specifications, other documents or copies on adendons of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaphtanon by ENGINEER. ARTICLE 4—AVAILABI[UYOFLAld1DS; SU23t3URFACE AND PHYSICAL COMIT1ONS; REFTXMCE POINTS Ami(abMtt, of Lands., 4.1. OWNER shall furnish.. as indicated in the Contract Docunents, 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 rote of rAhTl'RAGTOR IlEran r OWNER shall ideatify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work Fasemems for p>ermartent structures or permanent changes in existing, facilities will he obtained and paid fir by OWNER, unless otherwise provided in the Conrad Documents. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Ccatract price or the Contract Times as a result of any delay in OWNER'S famishingg these lands, rights -of - way or caseauents, CONTRACTOR may make a claim therefor as provided in Articles l l and 12. CONTRACTOR shall provide for all additional lords anti access thereto that may be required for temporary Ixmatructitn facilities or storage of materials and equipment. 4..2. SubsurjaceaxdPhysicalCondtions. 42,1. RopoiU and Dranfgs: Reference is made to the Supplementary Conditions for identification of. 4.2.1.1. Subsurface Carditions: These reports of cxpioratians and tests of sttbsttrface coed lions at tr ecnt oust [a the site chat have !leers utilized try ENGR n pnpa the CaNnad i)atunerus and 42.11. Pfgsinol Cw tfitkns: Those drawings of physical condition in cc relating to existing surface or submrfece structures at or contiguous to die site (except Il ound Facilities) that have bean utilized by ENGINEER in preparing the Contract Documents, 4.2.2. Limited Reliance by CONMACTOR Authorized, 7;ochnical Data: CONTRACTOR may rely upon the general accuracy of the 'technical icaml data" contained in such reptrta and drawings, but such reports.and drawl gs arc tint Contract Doctmients. Such "technical data" is identified in the Supplementary Conditions, itkcept fir suds reliance on such "technical data", CONTRACT R may not rely upon or make any claim against OWNf3R, ENGINEER or any of ENGII+iEWs Consultants with respect to: 4.2.2.1, the completencss of such reports and drawings for CONfRACTORs purgnnses, 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 m ained in such resorts or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical daht' or arty S xii data, interprdi dwms, opinions or information. 4.2.3. Notice of Deering Aubsurface or Phidcal ComfiBars: If CONTRACTOR believes that any subsurface or physical condition at or contiguous un 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 < is nratermlly maccurak, or 4.2.3.2. is of such a nature as to recluire a change in the Cottract Ikxmments, or 4.2.3.3, differs materially from that shown or MDC OEMAL COIv`DMOM 1910.E it WI Ed(M) w.' CanY OFFORT ('01.11M MODIRCA110M (REV 4£2asa) indicated in the ContmotDocummits, or 4.2.3.4. is of an unusual nature, and differs materially fmm conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; than CONTRACTOR stall, promptly irg attjy after becurnusg aware thereof and !afore further disturbing conditions affected thereby or performing any Work in connection therewith (except in an a Fmy as `nernitted by paragraph 6.23), notify OWiv .R and b2 INIER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aftresmd) until receipt of written order to do so. 4.2.4. FsAIGINEER's Rim4err: ENGINEER will promptly review the pertinent conditions. dco mine the necessity of OA NMs obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a capy to CONTRACTOR) of WGINEER's findings and conclusions. 4.2.5. Poxrhle Comtnx7 Documents C: xuge: 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 at paragraph 4.2.3, a Work Change Directive or a Clime Cider wt0 be issued as prov in Article 10 to reflect and document the consequences of such charge. 4.2.6. Possible Price and Pmes Atfusinitnts: An equitable adjustment in the Contract Pries or in the Contract Times, or both, will be allowed to the exteat that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR's cost or, or time required for performance of the Work; subject, however, to the following: 42.6.1. sue:h condition must meet any one ot more of the ca test described in paragraphs 4.2.3.1 thrvu4 2.3.4, inclusive; 4.2.6.2. a dnrmge in the Contract Documents pursuant to paragraph 4,2.5 wiU not be an automatic authorization of nor a condition precedent to entitlement to any such adjusunert; 4,163. with respect to Wok that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9,10 and 11.9, and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract .Price orTimes if, 4.2.6.4.1. CONTRACTOR krenv, of the existence of such conditions at the time CONITWNCDOR made a final commitment to OWNER in respect or Contract Price and Contract Times by the Collins) in determining whether a bidder is responsible, the following shall bb considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contrac s or services, (5) the previous and existing compliance by the bidder Arith 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 particu ar use required, (8) the ability of the bidder to provide future mainten nce 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 con ract. 3.3. E ch 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 N Bidder shall be in default on the performance of any other contrac with the City or in the payment of any taxes, licenses or other monies ue to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. I is the responsibility of each Bidder, before submitting a Bid, to (a) 2xamine 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. he 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 Con ract Documents are sufficient in scope and detail to indicate and convey nderstanding of all terms and conditions for performance and furnishing of the Work. 12/03 Section 00100 Page 2 submission of a bid or becoming bound under a aiL"tated cordract; or 4.2.6.42, the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explorati(4 test or study of the site mid contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such finad. 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 cable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contact Price or Contact Times, a claim may be made therefor as provided in Articles i I and 12. However, OWNER, ENGINEER and ENGINEERS Consultants shall net be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR: on or in cxxatecticm with any other project or anticipated project. 4.3. PIt3osiealCan 41dons,414dergrowrdFacittrtcs: 4.3.1. Shout orinrkeated: The information and data shown or indicated in the Contract Docum" with respect to wdsti g und Facilities at or contiguous to the, site is on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by otters. Unless it is otherwise expressly provided in the Supplementary Conditions: 43.1.1. OWNER and ENOTNEkR fall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2, The cast of all of the fdlowingr, will be included in the Contract Price and CONTRACTOR shall have full reslhoraibility for (i) reviewing and citecka g all Bitch information and data, (it) locating all Lhkr�otm Facilities shown or indicated in the Contrast bocumenu,(ih) coordination of the Work with the owners of sudh Underground Facilities during construction, and (iv) the safety and protection of all such Uddeigmund Faoilites as provided in paragraph 620 and repairing any damage thereto resulting from the Work. 4.3.2, Not Shmm or Indicated. If an Underground Facility is uncovered or revealed at or c n iguotu to the site which was not shown or indicated in the Contract Doc:umatts, CONTRACTOR shall, ptoumly immediately after IxcantrV aware thereof 'and bn ere further diiturbiyq conditions affected thereby to performing any Work in connection therewith (exet in an emargmcy as required by paragraph 6.2c identity the owner of such Underground Facility and VCDCOF-AMALCOM110M19104099aB(ittar) wi (Z'ry OF FORT (X)1,111,43 MODrI1CA110r1.S (RL•V nrziwal give wriaen notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Undergrwnd 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 UnIaTound Facility. It' WOD EER concludes that a dumge in the Contract Documents is rtcfaired, a Work Caiange Dacctive or a Change Order will be issued as provided in Article 10 to relled and document such consequences. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facill as provided in 'u mgriph 620 CONTRACTOR stalk rmay be allowes anincrease ht the Contract Price or nn extension of the Contract Times, or both, to the extent that they are attributable to the existence of any i ktdcrWou d Facility tlmt was not shown or indicated in the Contract Documents scot that CONTRACTOR did not know of and could not reasonably have been to be aware of or to have anticipated If OW 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 I l and 12. However, OWNER, EN(iINFER and FNCr1NF.FXs Censuitarus shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on of in connection with any other project or anticipated project. Reference Palms 4A. OWNER shalt provide engineering surveys to establish reference points for construction which in &NGINBMz judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall prowt and preserve the established reference points and "ll make no cltaW cc 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 shalt be responsible lb the accurate replacement or relocation of such inference points by professionally qualified personnel, t& Asbevror, PCBs, Petroleum, Hawdaus Waste or Rardfoaetive Matefat: 4.5.1. OWNER shall be responsible fur any Asbestos, PCR,s Petroleum, Hararduus 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 Dor'uments to be within the s ope of the Work and which may present a substantial danger to persons or protl siper exposed thereto in owinedion with the Work titte. OWNER shall not be responsible feu any such materials bnaight to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. a s � --utl caR-s�t�-imm�diatel�-4+}�al*�u. ow wamlrgateo' Hazard— V.1044 or reveafeEat-the-s w FrDc OENERA4 COh"I MOM519104 Ow E&MI Ve Cl't'Y OF FORT (:Ot.1JM a tOntllt`.AT1OM4 f,REV VI(Mk) MtxfCLE s-DONDS AND INSURANCE: Performane, Payment and Other Bontts: 5.1. COMRACTOR shall furnish Performance and Payment Bonds, each an an amount at least equal to the Contract Price as security for the faithful performance and payment of all C.ONTRAC rOR's obiiWations under the Cxmtmct Documents, These fiends s�l remain in effect at least until me year after the date when final payment hecomes due, except as provided otherwise by haws cr Regulations or by the Contract Dowments. CONTRACTOR shell also furnish such other Bonds as arc required by the Supplementary Conditions. All Bonds shall be in the firm proscribed by due Contract Documents ee t as provided otherwise by Laws or Regulations and shall be wwouted by such sureties as are named m the current list of "Companies Hold' Ca fumes of Authority as Acceptable Sureties on P Bads and as Acceptable R Canpsmties" as published in CircularM (aw� by the Audit Staff Bureau of Goverment Financial Operations, U.S. Treasury Department All Bonds signed by an agent must be accompanied by a cetifed copy of such agent's authority to act. S.F. if the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do busintew is terminated in any state where any part of the Project is located or it ceaseato meet the "itemena of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 5.3. Licensed bhreder and Insurer; CaWffoates Of Insurance: 5.3.1. All Bonds and irsurame required by the C,orttract Documents to be purchased and maintained by OWNER or CONTRACTOR stall be drained from surety or ittsumnce oontparties that era duly licensed or authorized in the jurisdiction in which the Project is located to issue Bads at insurance policies for the limits and cmem0as so aired such surety and insurance companies also meet suc additional requirements and quatifications as may be provided in the Supplementary Conditions. 5.3.2. CONTRACTOR slat] deliver to OV NM with copies to encdr additional insured ideratfied in the Supplemetary Caulitions, certificates of insurance: (and direr evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in amwdance with paragraph 5.4. OW ER--ahall tlal'--+vt�-aayiea -to-eawh additions inatimel idatified a ilia ��nri ¢ruraggttPha-5:€r mad f'Ihauef: CONTA4CTOR's Liability Insurance., 5.4. CONTRACTOR "ll 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 CONTRACTORs performance and fiaroshing of the Work and CONTRACTOR's other dpfipmtioas urxaer Oit Contract Documents, whether it is to be performed or furnishod by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirect] p employed by any of thaon to perform r furnish any of tiro Wok, or by anyone Cot whose acts any of them may be liable: 5.4.1, claims undet workers' dumpomailion, disability benefits and other similar empfoycc benefit acts; 5.4.2. dims for damages because of Bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 5.43. claims for damages because of bodily injury, sickness or diseaseor death of any person other than C ONTRACTOR's employees; 5,4:4>-e�itna--fa>F- Aamag+�'-'irrntTed-..by`.-. atm�y indirectlyrelater#tott#�empkrymmit such@arson-by other reasrm; 5.4.5. claims for damages, other than to the Work itselt because of trjury to or destruction of tangible property wherever locates], including, lose 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 "hick. The policies of insurance so required by this paragraph 5.4 w be pnndhess d arc] mahNained shall 5.4.7. with respect to insurance required by, paragraphs 5.4.3 through 5.4.6 inclusive arm 5.4.P, include as additional insureds (subject to any customary exclusion in respect of professional habihty , OWNER, ENGINLER2 ENGINEEks Consultants and any oil= persons leer amities idmaified in the Supplementary Conditions, all of wham chat] be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5A.$. include the specific cover es and be written. for not less than the limits of 11ab11sy provided in the Supplementary Condition or required by Laws or Regulations, whichever is greater; 5.4.9. imiude completed olxmtimts inmurance; E)CM (iENMAL CONiDI"nQM 1910.9 (19" E6601) WICITY Or FORT C(N.rAM M001FIC.ATIONS (REV 41r000) 5A 10 include contractual liability insurance covering CONTRACTOR's inulemnity oleigatiom under paragraphs 6.12, 616 and 6,31 thrmigh 6.33; 5.+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 OW`NrR and CONTRACTOR mid to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and tie certificates of imam ice furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide), 5.4.12. remain in effort at least unfit final payment and at all times thereafter when c, 6KTRACTOR mayy be correcting;, removing or replacing defective Work in acccxdanoc 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 feat payment (and CONTRACTOR shall furnish OWNER and each other additional insured klvoified in the Supplementary Conditions to whom a certificate of insurance has been issuer] evidence satisfactoty to OWNER and any such additional i sured of eantinuation of such insurance at final payment and one year thereafter). OW7MVs UabiW Insurance: 5.5. In addition to insurance required to be provident by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNEIt's expanse OWNLR's own liability insurance as will protect OWNER against claims which may arise from operations; under the 0ontmp: DoaUmerim Propertt+ Insurance. ZZI the "Mount dedustible...._irmeunts.....-as.....may...-be---prnvided---in• the �--required--br--Laws-and Regukrtiena}-'fHis-ir�aaanee slnalk 5 6 L-itwhrda -----the- it>Eeuestw-- of- - OWNW— QHKI "N.- "Other DOMMIS OF entities-Wantift in flier- sry4:irrrd+tiorts: eae.•lt-af nvhonr is -deemed artcfehalF�bo-listeulao:-art-a+suredaa xdclitidxmrfaneared;- €is�:--be--xadtierr ot-n-�iii�-�"- war hat at-ec 4fansi! end J it edr the.-- Callowirg-.. therila-....-Toter_- lightnitpg-..-eaeerttlad bAVtB'a d�_..V£NtANl4sa tw-mahokow_M,60111 F; f}Bf188iE�}Ftlf��y--M�0F8tlfRHN-"�"�rai4a-GFI�-R�i)�tl6FFSg :{is�:""1liC1UU�C--tD7l�7f:74S2S`-�111---i�iC--f$p8#k'•-bT F� any-+ta�i,�rty{ineta-4xtt-net. tmiFifae�}: (Mro Oef to be' {iMlt-lVA9^8�8�-tti.'Ali-14F1Hni�4"i?Y provided-Atatsunh-materials and-equipmem have -been #neludsdtrr�-,4p�tieati� Rer-1�s+ment-nwett�+»a�+da€I by-04on"p, and 54A.-be maintained-itefliet-wni!'-i tat-paymnFd-is is%Md r':�-'— E3WP77�SI2 9FmiF p1 Ww and -movY Fin-sadx 4x&r uc"+nny.�ead-hy-flux-Su�plem�t�try- C�'-nF EAIG 'aC taniteFx F'az� oflw peFseas-ar'entitfe0a is �leem�}to=have an-urateable int�aye-aF�d'shtttk ba'3istted as 59. OWNER shall not be responsible for purdtasing and mainffiinnrg any insurance to prded dw imereas of CO: RA R• Sttlxx tltradas or others in tha-Lt or iR'�k�o•exi�t of -any d astibla sJnou�s det6 are i"A ' ift¢ tts:-'- �Flae-rialc o€ euverege--withie-tko--lFmit�t-e ay ptirskaae aset'*'awn'�+atpansa s,-}t}-_..k��Cff{��G"143R-Feat-ir-tir ttrat-ether 9Rby OWUPFiatO 11atn�a--t.#deF--er-.-_W:ItFe1T.---Ameadmem-:- --Prior -to EJCnC (ENWAL CONDITIOM 1910811990 B OaQ 10 V F7TY OF FORT CX1tIA NS MODIFICATIONS (PLEV VZOW) r,mtofilaa W nr# ant Naas-�xw #ssuFaFieahe6hF@IipF9cuFi'by C�WiJFsR 5:-1-} d:-Q��Ai�R"a74e� tiit�A}�if�lE:'�Ql� 7Ri �F1}t(i1Na-134#F4ti1a66(1•N2-a�?9t11-f�F}!i{+d'lV2t�3-j3PfE/$tA}�}Yr3;i l W6116%_ paya e'under'any-potiay-'soimued l' i[• I� "•T�117.. T'Q4 fA ww.O mid them: #or: am py�{y1 wketker'or'not'4nanred "WNEP", 0d ni h5 -C KV#t aavering consequential -lees-the-insurers-wilt4"-no-aiSW of reecw�y-ngai�f. arty .of-ssO�ft�t1<�FElR„ �ubsenuncfor& hlN<+I?BM elireciors employtmsathd aprits-of any of than. Receipt andApplic"on of lnsurn+nee Pweeerls: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.b and 5.7 will be adjusted with OW"V4 R 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 noxewm any money so received, and shalt 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 reoeived applied on account thereof and the Work nerd the cast thereof cavaed by an appropriate Change Order or Written Amendment, 5.13. OWNER as fiduciary shall have power to adjust and settle any Inca with the insurers unless one of the parties in interest shall ohjecc in wla in fifteen days A" the occurrence of leas to O'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 m interest may reach If no such agreement among the parties in interest is ranched, OWN13R as fiduciary shall adjust and settle the Ions with the insuresAnil if Far'sid in 4AWW a NO say -pally -in Duaresk 4 EiR-..as.... tdtwiary.. �nttll-grve--bond--tar-the Acceptance ofBondr and Insurance; Option to Replace: 5.14. If OWNER has any abjection to the coverage afforded by or ceher provisions or the Randa-w insurance required to be purchased and mairenke:d by the adw CONTRACTOR in accordance with Article 5 on the basip of nonconformance with the Contract Documents, the eisjeatin p.n 0WNII2 v ll in Writing within test fist daps after roeeipt deltverq or the certificates {or 0 tegtwsEeA) 1S-,9Uj(jj�j'g g1 requited fry para$rapit 2.7. OM44ili and tten-in-Aespaaa-ef-dnstueatea Fartial Miliwkern-.Property Insurance: 5.1.5. If OW'I TR finds it necessary to occupy or use a portion or portions of the Work prier' to Substantial N,aCLnG+3&' diN. CAt6pMNS 191eS(19" Woolf wttary OF FORT i MUM MODIFICATIONS (REV 4,2(011 Conpletioh of all the Work, such use at occupancy may be accoanplished in accordance with paragraph 14,10,, provided that no such use or occupancy slthll commence before the insurers providing the property insurance nce have acknowledged notice thereof and in writing eMeted any changes m coverage nd matted therebry. 'rhe insurers providing the lxaperiyy insurance shall consent by endorsement on the poLcy or polio but the ley insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy, ARTICLE 6--CONTRACPORN RESPONSIBILITIES Superrldon and Sbpedittendenee: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, &-voting such attention thereto and applying such skills and expa uw as may be necessary to perform the Work in acecrdanca with the Cwxtract Documents. CONTRACTOR shall be solely responsible for the means, mothods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be rasjxrtuble for the n egligerme of others in the design or specification of it specific meam method, technique, sequence or procedure ure of construction which is shown or indicated in and expressly required by the Centrmt Documents CONTRACTOR mall be resxnupble to we that the completed Work complies acatitntely with the Concoct Documents. U. CONTRACTOR sung keen on the Work at ail pmcs during itsprogress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under attraardinery oirotntstarion The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR- All earmmunicatione to the s� irtterxleta shall be as binding as ifgiven to CONTRA, OR, Labor, Materials and l ququacnt: 6.3. CONTRACTOR shall provide competent, suitably qualified pommel t4 survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good disci tine 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 accept as otherwise indicated in the Contract Documents, till Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the pafxmarue of Work oh Saturday, Sunday or any legal holiday without OWNEWs written oonsent given after prior written notice to F.N(3 NFFR. CON it r rho_fen,ti>ar1....Q8-__rvs-M s Rtlec_.4_C._a.fry_W( tole perfor cd on Suturday. Sunday. Holidays ar auwdc the Regurar Working Hours. 6A, Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transpurtatinn, construction equipment and machinery, tools; appliances, fuel, power, light, heat, telep [ions, water, sanamy facilities, tam��nrnn lhciliiies and all other facilities and inciderdala neassmy for the fianishing, Ixrformance, testing, start up and completion of the Work, §_A.I. 1P1Vr9hKWg..._l q&j6cn CENTRAC)'OR mustctmply, with ,thteChtyc.pntrc�asrrhprestrichons A comv of the resolutions are available for review in the offices of the Purchasira and Risk Management Division or the City Clerk's office. 6,2. Cement Restrictions: City of Fort Collins Resolution 91-121 reatrires that su tars and moducers af, ccmctLL; ac !%1$ cgnla�?ut?g_cement,tcl..certity that the awcient was not made in cement knlm thatbum leg µ?me �s_p�L 63, All materials and equipment shall be of good 9ity and new, except as otherwise provided in the Contract Ikxsanents. All warrarittes and guarantees specifically called for by the Specifications shall expressly mat to the b6c refit of OWNER, if required by FXCi1NM, CONTRACTOR shell furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials OW equipment %fall be applied, instailect, amounted, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Caattact Doctmnew, Progrew sc hedale• 6.6 CONTRACTOR stall ad4cre 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. CONTI ACTOR shall submit to ENGINEER for acceptance (to the extent indicated in �lph2.9) proposed ac{Atstmetts in the progress e that will not change the Contract Tunes (or hiikstmes). Stich ad ustmcras will oxrifgtn garaiafly ti fire progress echadule then in etleet and add tiutafly will comply with sty prpvisiorts of the General Requirements applicable thereto 6.6.2. Pro adjusmtents in the will o proptcss schedule that the Contract Times (or Nfilestanes) shall be submitted in accordance with the requirements of panagraph 12.1, Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12_ 6.7. VubAfitulesand "(h-Equal"Irentr: 6.7.1. Whenever• an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular SiTphea, the ificttion or description is intended to establish the type, function and quality required Unless the sptcification or description EA"UC 00,1RAL C01vt? IM4$191"pssv LMon) 12 Md CITY OF M(T C OIJ.J MS MCN)tFtcATKYNS (RF V 42atai) contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is poirnitted, other items of material or equipment or material or equipment of other Suppliers may be accented by ENGINEER under the following circumstances 6.7.L1, 'Or -Equal", f€ in ENOI1JEWs sole discretion an item of material or equipment prulx>sed by CY7h"TRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may he considered by ENGINEER as an "or- r�1" item, in which case review and asppproval of the proposed item may, in ENGII I %Ws sole discretion, be accomplished without compliance with some or all of the requirements for acce�tance of proposed substitute items. 6.7.1.2. Substituk lierw.• If in ENGINEER's sole discretion an itom of material or erprrpmrnt proposed by CONTRACTOR does not qualify as an "or -equal" item under subpaing{aph 6.7.t.1, it will be considered a propted substitute item. CONTRACTOR shalt submit sufficient information as provided below to allow P-N'G113EER to determine that the iann of material or equipment proposed is essentially equivalent to that named and an acceptable subuitme therefor. The procedure for review by the ENGINEER will mchde the following as sttpptemented in the General Requirements and as GINEER may decide is appropriate under the circumstances. Requests for review of prep substitute items of material or ent will not be accepted by ENGINEER � anyone other than CONTRACTOR If CONTRACTOR wishes to 8lniish or use a substitute item of material or equipment. CONTRACTOR shall first make written application to ENGINEER for Acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the #=.ral design, be similar in substance to that speafted and be anted to the same use as that specified The application will stare the extent, if any, to which the evaluation and acceptance of die proposed subaffi h will proT udice MNTRACTO 's achievement of Sul 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 ether direct contract with OWNER for work on the Project) to adept 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. Alfvariations of the prupred substitute from that specified will be identified in to application and available I11mitenanoc, repair mid replacement service will be indicated The application wit] also contain an itemized estimate of all coats or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other oontmctors alketed by fhe restiltutg charge, all (If which will be considered by ENGINEER in evaluating the pro substitute. LNGiD MR may M Wire CXiNTRACTOR to furnish additional data about the pro used substitute. 6.7.1.3. COMIRl(`70R'r Esperue: All data to be providW by CONTRACTOR itz utp" of any proposed'orequal" or substitute item will be at CONTRACTORS expense 6.7.2, Subsanae Construction Adedrads or ProcMums.• If a .specific meatus, method, technique, sequence or Procedure of I=Su otion is shown at indicated in and aepre-ssly required by, the Contract Documents CONTRACTOR. may funtislt or utilize a substitute mcatr, method, technique, ss��duence or procedure of construction acceptable to IINGINL•MIC CONTRACTOR shall submit sutllcient information to allow ENGINEER, in £NGINHEiR's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The promdure for review by ENG R will be similar to dint provided in subparagraph 6 T 11 6.7.3, Ertglncer'r Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuing to paragraphs agraphs 6.7.1.2 and 67.2. LNGINM will be the sole judge of acceptability. No or-�. t1* or substitutewill be ordered, irtsatlled or utilized without ENGNEER's prior written acceptance which will be evideenced by either it Change Order or an approved Shop Drawing, OWNER mayy require CONTRACTOR to furnish at CTOR"s expense a special pterformanoe guaramee or other surety with respect to any "orwgttal* or substitute ENGINEE-R will record time required by ENGINEER and HNI GSN'HER!s Consultaras in evaluating subatimtes proposed or submitted by CONTRACT OR pursuant to paragraphs 6.71.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OW1V}iR for work an the project) occasioned thereby, Whether or not EN(JR4MR accepts a stibstittua item so proposed or submitted by CONTRACTOR. CONTRACTOR shall reimburse OWNER for the charges of ENGINEER artd ENGINEER"s Consultants for evaluating each such proposed substitute item. MConcerning &ibemaracrorv, Suppliers and ors: 6.8.1. CONTRACTOR shall not employ any Sub omractor, Supplier or other person or rtization (including those acceptable to Oibarc] GNGIN$ER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whotn OWNER or ENG . EPR may have reasonable abjection CONTRACTOR shall not be required to employ any Subcontractor, Siplier or other person or orpnizatican to fiunish or perform any of the Work against whom CONTRACTOR has reasonable objection, 619: CON�L,•�2�CTOR, djal Mt6rn not less than, 20 without subcontructinit. The 20 oer • tt icutfircruent shall be understood to refer to the Work (he value of h ttt v ntx loss thga 2t1,�ccent oI_tC act prim- 6.8 2. 1f tlta- tappknta Wary_: as kuof t Aiddiing I)ocatumols require the identity of certain Subcontractors, Supppliers or other persuns or organizations (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNER in-edvance -of, 4he V. wified ,&W prior to the Effective Date of the Agreementfor acceptance by OWNER and hNGINVE12,-- and -if <,(:FP�FT•R.4k�T�Jfi has-:sabnrittsd-•a---liw:--titereerf-tn w.tudattrs—with the ......Supplememmy,.-Coriditionk OWNLR's or HNGUNEI R's acceptance (eabar in writing or by failing to make written objection thereto by the date indicated far acceptance tr objection in the trickling documents or the Contract Documents) o f pplt�-tom e1h�-peaalt-or basis -of rtvrsambk ebjM ion-;'ft dua-.invtt9tigatigt AitV, ilhULW<. No acceptance by OWNER or TGTNFEER of any such Sulconuaitor, Supplier or cxler person or orgattizatiat shall wMinne a waiver of any right of OWNER or ENGINEER to reject cie,/ective work. 6.9.1. CONTRACTOR shall be fully re to OWNER and ENGINEER for all ads and =mm' ow of the Subcontractors, Suppliers and other persons and srgarazatiom perfortming or Wn»dting any of the Work under a direct or indirect contract with OUNPRACTOR jun as CONTRACTOR is resFamsible for CONTRACTOR's own acts and omissions, Nothing in the Contract Documents shall create for the berefit of any such Subcontractor Supplier or other person or organization any wttractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier of other person or oganirsnlicxt nor shall it create any obligation on the part of O"INER. or ENCITNELR to pay or to we to the payment of any moneys due any such Suhcontractor, Supplier or other person or organization eawept as may otherwise be required by Laws and Regulaions C 1'y�. Cr fj)2pppy furrm$h to_any.cttfrprnrncux, suprlex cu aher,pxrson evil of amounts paid to CONfT 1t fOR ._..._tn �cccxtdance CONTRACTOR'S "Ap�c3tp wtsPuymcnt"., w.lh EJCLnGrtF''kERAL GQt+tt7Ei10N619198 (199q Et6titxl? 13 Wf C7?Y Cap FORT COLU 3 MMIFICATtON$ (MV 43nIX1) 6.9.2, CONTRACTOR shall be solely r ible for scheduling and cocnditatting the ark of Subcontractors. Suppliers and other persons and trgsmiratioms performing err furnishing arty of the Work tinder a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations potformig or ttitn ishinng Any of the Work to communicate with the ENGINEER through CONTRACTOR. 6.10. The divisicros and sections of the Specifications and the identifications of any Dmwinp shall not control CONTRACTOR in dividing the Work among Subcontractors or Supppliers or delineating the Work to Ile performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an =te agreement between CONTRACTOR and the err or Supplier which specifically hinds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents its for the benefit of OWNIMand ENGINEER- Wheiraveraw,suohaareemmn Patent Fees and R"Hias: 6.12. CONTRACTOR shall ply all license fees and royalties and assume all costs incident to the use in the paatamance of the Wok or the fttaapmtm in the Wank of any invention, design, process; protkict or device which is the subject of patent rights or copyrighu held by others. If a particular hnve ntim design, process, product or device is specified in the Contract Docuntatts for use in Me performance of the Wei: and if to the actual knowledge of M% NM 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 die fullest extern permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, i{NGINEER, ENGINEER's Consultants and the offtcem directors, employees, agents and other eartsultants (47each and any of them from aril against all claims, cots, losses and damages arising out of or resulting from any inliingemen>t of patent rights or auidcnt to the use in the performance of the WT �sresulting from the incorporation in the Work of any invention, design, �% product or device not specified in the Contract 11ent5 EMCUEt¢MAG CNr`p17T M 1911?-s Ct99t SdiGaii I A W Ci ry OF FCat"r COt1JM MODIFICAT10MS (REY4420e0) Perinils- 6.13. Unless otherwiseprovided in die Supplemenury Comditioxts, CONTRACTOR shall obtain and pay for sll consuuction permits and licenses. 0%1.NMR Mall assist CONTRACTOR, when necessarryy, in obtaining such permits and licenses. CONTRACTOR shall pay all goner mental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of of Bids, or, if there are no Bids, on the FShctive au of the Agrcement. CONTRACTOR shall pay all charges of utility owners for cormections 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. Lams andRegatations: 6.14.1. CONTRACTOR stall give all notices and corn plyy with all laws and Regulations applicable to fiams6iag and performance of the Work. Except where otherwise expressly required by applicable Taws and Regulations, neither OWNER nor P,NGINEER shell be responsible for monitoring CONTRACTOR's compliance with any laws or Regulations. 6.I4.2. If CONTRACTOR performs any Work knowing or reason to know that it is contrary to laws or Regulations, CONTRACTOR shall bear all claims, cats, losses and damages caused by, arising out of or resulting therefrom; however, it shall mar be CONTRACTORS primary responsibility to make certain that the Specifications and limwmp are in axxrdanct with Lain and Regulations, but this shall not relieve CONTRACTOR of CONTRACTORS obligations under paragraph 3.3.2, TAM. 6.15. CDNTRAC TOR stall pay all salts, consumer, use and other similar taxes required to be paid by OONPRACTOR in acoordance with Use Laws and Regulations of the place of the Proiect which are applicable dortrig the performance of the Work 6.15..1. OWNER is eltwot tiara Cgloado State end Ata�,l Sales end use taxes oxn. .. p,._jZp r e �i nn rated it g iE1e t Egiect. Said tam U tube itsju�d in t}� C Tact Rich -Address_ CoApigdo Department of opue State gadttal Ammar 1375 Shrum I street I)e ycry ;alcrnada 80201. Salesarid__ Use Taxes._ for the.,. wte.._of_Colorado, �f-T_rs,_„tvs�oi5auan Di ri RTDi anal ieriaid Calamda counties are collected by, the Strlg.,,,,pf O(?iotadn and nerd, includedin thc_Cerpficatlan__of 1_�emptiern. ��l� �pplta@ble_`_,,ttks ark Lsc_1 ji�r�udll� ��te coidemed taxes),. cnx any acme a ur ikiart construction and burldin a materials physic AN iptcarp(srated iotabe the 'eo;t are to tx. and lw CONTRr1C'TOR and are to included in aparom gt_c bid items Use of Premises: 6_16. CONTRACTOR shall confine conduction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in aril permitted by the Contract Daxtmens and other land and area permitted by Laws end 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 o f the Work, CONTRA TOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other resolution. proceeding or at law. CCNdTRAC t'gR aha11, to the fullest extent permitted by haws and Regulations, irulamnify and hold harmless OWNER. ENGINEER, ENUINEER'a Consultant and arryone directly or indirectly employed by rmy of than fhom and against all claims, costs, losses and damages arising out of or resdfirtg fiat any claim or action, legal or equimbie, brought by any suit owner or occupant against OWNER, ENGINEER or other party imiernnilied lremunder to the orient earned by or based upon C ON'TRACTOR's performawa of dte Work. 6-IT Turing the progress of the Work. CONTRACTOR shalt keep the premises free fitmm accumuletiam 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 ea» pment and machinery and surplus materials. CONTRACTOR shalt leave the site clean tend ready for occupancy by OWNER at Substantial Completion of the ♦ ork. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CON TRACTOR shall not load nor permit any part of any structure to be loaded in any roarer that will endanger the structure, tux shrill CONTRACTOR. subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: P..eCDC (tY:r*iF.AiAt CUM11QV5191 e-s (19" E(taw) col QTr OF FORT rX/1.ir4C MODIFICATIONS tREV V2000) 6.19. CONTRACTOR shall maintain to a sale 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 paragraph9.4) m gad order and annotated to show all changes mark during construction These record documents ember with all approved Samples and a co tt ai all ved Shop Drawings will be av to 12240�for rofera ce. Upon completion of the Work, aid prior t(r..:relutse of f rail payment these record documents Samples and Shop Drawings will be delivered to FNIGINEER fox OWNER, Safety and Protection: 6.20. CONTRACTOR shall be restxeisible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety oC and shall provide the necessary protection to prevent damage. injury or loss to: 6.20.1, all persons on the Work site or who may be affected by the Work; 6.20,2, all the Work and materials and equipment to be incorporated duxein, whether in stooge on or of the she, and 6.20.3, other property at the site or adjacent thereto, including trees, drubs, 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 Ean damage, injury or loss; and gall erect and maintain 0 t>ecessery sa�etands for suodi safety and protection CONTRACTOk shall notify owners of adjacent irolerty am of .an o ound Facilities and utility owners whan prosecWan o the work may affeet them, and shall cooperate with them in the potation, removal, relocation and "placement of dtetr. ttr All rtim in or loss to any property referral to is paragra s 6.2t):2 or 6.20.3 caused, directly or indirectly, to whole or in part, by CONTRACTOR, any Suboontmctm, Supplier or any other person or oganitation directt• or indirectly employed by any of them to perform or I)umish any of the Work or anyone for wgrose acts anof the mm may be liuble, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissictis of OWNER or ENGINEER or EtdGINEER'.s Corisultam or anyone employed by any of than or anvote for whose acts any os£tlran may be liable, and not atrbutable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directlyp or indirectly erepToyed by any of them). CONTRACI'CR`sdiuicsand nthihticsfor the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a is notice to OWNER and CONTRACTOR, in accxdance 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 gatdifned and experienced safety representative at the site whose duties andshall be the prevention of accidents and the maintaining and supervising of safety precautions and programs Hazard C'omnunnieation Programs: 632. CONTRACTOR shall be responsible for wordutatug any emlm%c of material safes}- 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, Eviergenaev 6.23, In emergencies affecting the safety or protection of perstms or the Wok or property at the site or adjacent thereto, CONTRACTOR, without special insmtetion or authorization from OWNER or ENGINEER, is obligated to act to pprrevent threatened dame iinjury orloss. CONTRACprompt shall ive ENGIN npt written notice if CONTRACTOR believes that any significant changes in the Work or variations Gan the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Comma LN=mcrnts is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will he issued to docame nt the consequences of such action G 4 %op DrawingsandSampies: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and a roval in accWJa ice with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). AA submittals will be identified as FNGfNPER may require and in. the member of copies specified in the General Requirements, 'fhe 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 C ONTR.1C;'TOR proposes to provide and to enable E OINF.ER to review the information for die limited purposes required by paragraph 6.28_ 634.2. (X)NTRACTOR 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 oterwisc as ENGINEER may require to enable F.NGNEER to review the submittal for die limited i! F,')COCOEMKAt. CON)FROtis 19JQ-$ (Mo Ettaiut} w.' CJ IN OF FCAtT rYJl.t..l tdx RI{J07iCA'[iOMS (kEV A2(aia) purposes required by paragmph6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.2R Su mritrni Procedures: 6.25.1. Before submitting each Shop Drawing or Sample. CONTRACTOR shall have Menmined and verif el 625.1,1, all field measurements, quantities, dimensions, specified performance criteria, installation requirenieoumaterials, catalog rannbers and similar information with respect thereto, 615.1.2. all materials with rest to untended use, tabrtcadon, shi ng, handling, storage, assembly and instal Lion pertaining to the performance of the Work, And 6.25.1.1, all information relative to CONTRACTOR's sole respottsibilitiea 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 Dmwirg or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Domments 6.25.2. Each submittal will bear a stamp or specific written indication that CONf RMCTOR has satisfied CONTRACTOR's obligations trader the Contract Documents with respect to CONTRACTOR's review and approval of that subninal. 6.25.3. At the time of each submissdnt, CONTRACTOR shall give ENGINEER specific written notice of such varietio s, if any, that the Shop Drawing or Sample submitted may have from the requirements of Use Contract Documents, such notice to be to a written communication separate from the submittal; and, in addition, shall cause a specific tnounton 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 die schedule of Shop Drawings and Sample suhnittahr accepted by ENGINEER as required fry' paragraph 2.9. ENO NEERN, review and approval will be only to determine if the items covered by the submittals will, after installation or incorfxrati;nin the. Work. conform to the information given in the Contract Docuanents and be compatible with the desvn ciricept of the ccmplded Prgect as a functioning whole as indicatai IN the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or proc,edwea of construction (except whtrc a particular memos, method, technique, sequence or frooechne of 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answere by formal written Addenda will be binding. Oral and other interpr tations or clarifications will be without legal effect. 5.2. kll questions concerning the scope of this project should be directel to the Engineer. Questions regarding submittal of bids should be dire ted to the City of Fort Collins' Purchasing Division. 5.3. ddenda may also be issued to modify the Bidding Documents as deemed �dvisable by OWNER or Engineer. 7.0 8.0 5.4. A�denda will be mailed or delivered to all parties recorded by the OWNER a having received the Bidding documents. BID 6.1. E ch.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. T e 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 t e earlier of the seventh day after the effective date of the Agreeme t or the thirty-first day after the Bid Opening, whereupon Bid Securit furnished by such Bidders will be returned. Bid Security with Bids wh ch are not competitive will be returned within seven days after the Bid opening. CONTRAC TIME. The number of days within which, or the date by which the Work is to be substan ia1ly complete and also completed and ready for Final Payment (the Co tract Times) are set forth in the Agreement. LIQOI Provisi DAMAGES. for liquidated damages are set forth in the Agreement. 12/03 Section 00100 Page 3 oomtructio n is specifically and exf)tmly called for by die Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a to item as such will not indicate approval of the assembly in which the item fuatiom. CONTRACTOR shall make corrections required 1))' FK(,[NRER, and shall return the required number of corrected copies of Shop Drawings and cut init as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisiorri other than the corrections called for by rNi TINUM on previous sulxnittals 6.27 ENGINBER's review and approval of Sho�pp Drawings or Samples shall not relieve COINFTLi,07 front 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 ENC MIER has given written approval (if each such variation by a Tocific written notation thereof incorporated in or sccanparyug the Shop Drawing or Sample approval, nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of shop wing and Sample submissions accepted by ENG04 R as required ph 2.9, any related Work perforated supna tent Gf'a review and approval of the ppaerrttme nt lxnittal will be at doe vale expense and responsi°F 11 of CONTRACTOR. Continuing the Work 6.29. CONTRACTOR shaft 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 arty disputes or disagreements, occept as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.3tk CONTR4CTOR's Genovil Warranty and Ghanaatee.- 6.30.LCONTR_A(7TOR warrartm and guarmees to OWNER. I NGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be dafeetive. CONTRACTOR`s warranty aal guarantee hereunder excludes defects or damage caused by: 630.1.1, abuse, modification or improper maintenance or operatic by persons other than CONTRACTOR, Subcontractors or Supplier.; or 6.30.1.2, normal weer and tear under normal usage. 6.30.2. CONfRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Noe of the following will constitute an acoeptance of Work that is not in 9XI) OLNIMALCflNt)tntOM15010-$0MEaktm) rvr rrry Or FORT cxa.t,tm sttxnmFICAnOss (tm-v arnsc) accordance with the Contract Documents or a release of CONTRACT(:)R`s obligation to perform the Work in accordance with the Contract Documents: 6,30.2.1. observations by rNGINi+.M 6.10.12. recommendation of any progress or ruml payment by LNC'r1NTER. 6.30.23. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under die Contract Documents 6.30t2.4. use or occupancy of the Work or any pan thereof by OWMR; 6.30.2.5. any acceptance by OWNER or any failure to do so; 6,302.6. any review and approval of a Stop Drawing or Sample submittal or the issuance of a notice of aAMObility by hNGIN ,,R pursuant to paragraph 14.13; 6.30.2,7. any inspection, test or approval by others; or 6.30.2.8. any correction of defecttve Work by OWNER. lndamwfrcafim 6,31. To the fullest attent ppeerrmitted by Laws and R%ulations, CONTRACTOR r1l indemnify and hold harmless OWNER. ENGINEER. ENGINEHR's Consultants and the officers, directors, employees, agents and other consultants of each and any of them fron and against all claims, crests, losses and damages (including, but not limited to, all fees and charges of engineers; architects, attorneys and other professionals and all cant or arbitration or other dispute resolution costs) caused by, an,iZ out of or resulting from the performance of the Work provided that any such claim, cast. loss or damage: (I) Is attributable to bodily injury. sickness, disease or death, or to injury to or deshtrdion of umg<IN (other than the Work itself), including the loss resulting therefrom, and (a) is caused in whole or in part by any negligent actor emission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or famish any of die Work or anyone for whose acts any of them may be liable, tegardlem of whether or not caused in pad Uy any negligence or omission. of a. person or entity irutemm red hereunder or whether liability is imposed upon such indemnified party by Taws and Regulations regardless of the negligence of any such person or entity. 6.31 lit any and all claims against OWNER or ENCIP.NFE„R or any of their respective consultants, agents, officers, directors or employes by any employee (or the survivor or personal represernative of such employee) of CONTRACTOR, arty Sub0UfttM ice, any Supplier, any person or organization directly or indirectly employed by 17 any of them to perfoitit or firtrush any of the Work or anyone for whose ado any of thorn may he liable, the indemnification obligation wider paregruph6.31 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 Subco ntmotor, Supplier or other perxin or orgarruzati at under workLm' compensation acts, disability berrefit acts or other employee benefit actin. 6.33. The indemnification obligations of CONTRACTOR under pamgraph6.31 shall not extend to the liability of ENGLINTER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors at omissions of any of than. Swraval of Obligations: 634. All repreaentatimis, indemnifications, warmntics and guarantees made in, required by or iven in accordance with the C«tmct Documents, as well as all «mtiiitimg obligations indicated in the Contract Documei* will survive final payment, completion and acceptance of the Work and termination or completion of the Agraemem, ARTICLE 7 OTHM WORK Rd4trd Work at Site: 7.1, OWNER may perform other work related to the Project at the site by OWNWs own faros, or le other direct contracts therefor which shall contain General Conditions; similar to these, or lave otter work performed by utility owners. M the fact that such other work is to be performed was not noted in the contract ocumerrts, amen: (n) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (a) CONTRACTM may make a claim thetefor as jrovided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional a perise to CONTRACTOR or requires additional time and the patties are unable to agree as to ilia amount or extent thereof 72. (K)NI'RACT'OR. shall afford each other contractor who is a party to such a direst contact and each utility owner (anti OWNER, it OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for tie introduction and storage of materials and equipment and the execution: of such other' work and shall property connect and coordinate the Workwith theirs Ihiless otherwise Pro vided in the Contract Documou CONTRACTOR shall do all c trim g fitting and patching of the Work that may be required. to make its several parts come together potuly axl in etc with such other wort:. CON RACTOR shall endanger any work of others by vetting, excavating or otlterwiso offering their work and will only cut air alter their work with the written consent of ENGMER and the others whose work will be affected. The duties and responsibilities of CONTRM-I OR under this paragraph are for the benefit of such utility owners and other contactors to the extent that there are comparable FXUC MWER4L CONDT1OM 191a-8 to "0 EM(M) 18 WiCsrrorFOR rcxttjrrisMcrntIC,snot-iotrvt,tW) ptovisiems for the bewft of MixffRACTOR in said direct cntmds 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 PaRnmed by others under this Article7; CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that raider it unavailable or unsuitable for the proper execution and results of CON''fRACTOR's 6Ucuk. C0N7RACTOR's failure so to repot will constitute an acceptance of such other work as fit and proper for integration with CONTRAC TOR's Work except for latent or nonapparent defects and deficiencies in such other work. Goordlnation: 74. If OWNTiR contracts with others for the performance of oiler work on the Pniject at the site, the fiiQowing will be set tomb in Supplementary Conditions: 7.4.1, the person, firm or corporation when will have authority and r ibility fix coordination of the activities among. prime ctauractors will be identified; 7.4,2, the specific matters to be covered by such authority and responsibility will be itemiasd; and 7A-3. the extant of such authority and responsibilities will be provided t,mless otherwise provided in the Supplementary Conditions, OWNER shalt have sate authority and responsibility in respect of such coordmittim AR17ICIA, "WIVER's RLSPOnl&ML:rfIFS 8.1. Except as otherwise provided in thew General Conditicats, WNBR shall issue all communications to CONTRACTOR throug3iEtii `GIISEER. 8.2, in case of taminatien of the employment of ENGINEER. OWNER gall appoint an mgurger aganstirm no reaseublre�bj v whose status under the Contract Daemmaits stall be that of the former ENGINEER 83. OWNER shalt furnish the data required of OWNER. under the Contract Ductiments promptly and shall make payments to C.>NTRAC:1'OR 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 easrmonvi and providing opgmeerwg stoveyyss to establish reference points are set forth in paragmprtta 4, t and 4.4. Paragraph 4.? refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurrface conditions at the site and drawings of physical conditions in existing strictures at or c*migucus to the site that have bean utilized by I NGINEE-N. in preparing the Contract Doctanenta ---tilt.�*Ifrar�ors�l.. nA4"fA inEai liak�' forth intmamgraph5 3;5 *o*Vh 5.10, 8 6 OWNER R is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7 M NC R"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 pa 13,10 and 15.1. luragrrgdm 15.2 deals with On='s right to termirattc services of CONTRACTOR under certaincircumstances. 8.9. The OWNER shall not supervise, direct or have control or authority ova, nor be responsible for, C[7NTRAC'TOR's means; methods, wimiques, sequences or procedures of construction or the safety precautions and pm�ams modem thereto, or for any falum of COIv"PRACTOR to comply with Laws and Regulations applicable to the furnishing or. performance of the Wok. OWNER will not be reaparsble for CON'rRACTORs failure to perform or furnish the Work in accordance with the Cont act Dmumenrs. S:14. ---OW 4ER4-responsibility--inaeapcot-ttf-tmdiauloaed Radioasive Iti9atesia>s urtacwered.-or ...revealed- at the site is /N __ • A. p ' V. { ARTICLE 9—FNGINTiWS STATUS BARING CONSTRUCTION O A'NER'r Represented vc 9.1. ENGINEER will be OWNERs representative okainng the coraruction period. The duties and reV)nsibilities and the limitations of authority of FN(3r,NTM as OWNERS representative during omnstruction are set forth in the C:oltract Documents and shall not be extended without written consent of OWNER and ENGINEER. ilusfts to Site: 9.2. ENGINEER will make visits to the site at intervals MMate to fho various stages of construction as apgx deems necessary in order to observe as an experienced and qualified design professional the progress ;~JG1M; x3E,t�k1iA1. C-ot�t5r114N61419$ (t99a Et6r7anj W Kill` OF FORT C%AJJM MODIFn CATIONS tItEV 42aea1 that has been made and the gtraliry of the various aspects of CONTRAC`fOR'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 Doctmnents. h NGNEUR will not be required to make eshauslive or continuous on - site inspections to check the quality or �tantity of the Work. ENGINEER's efforts will be directed toward providing fox OWNER a greater drgreo 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 pr ogress of die Work and will endeavor to guard OWNER against dejictive Work. EIVGINbAR's visits and on -site observations are subject to all the lunitations on UNGINEER's authority and responsibility set forth in rWRph 9,13, and particulariy, but without limitation, ng or as a result of ENGII4 1% oil -site visits or obsavations 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 safoty precautions and progams incident thereto. or fox anv failure of CONTRACTOR to comply with Laws and Ratints applicable to the furnishing orperformance of the Work. Project Reprewato ive: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident 13zmject Representative to assist ENGINEER in providing more continuous observation of the Wo•Ic The res bilihes and authority and limitations theav n cr any such Resident Project Rdpneseaiative and assistam will be as provided in parVW 3 and 9,13 end--' C-enditiew of these General Conditions. If OWNER. another rear &Live or eeg�r t to represent O at the site w is to ENGE�iEERs Consultant, agent or employee, the responsibilities and authoity and limitations thereon of such other Person will he as pe!trsiningtp tMw._rm s u.wUr.._..w..' 14.. n.p moral fie wilb tie ENGINEER and CONTRACTOR. But. the l ?tdalige wilt_kftep llmt--9WNIaK..>Tt?P�1Y advised about such mattcrs._rnlhe R csentative's deatineswi[h subcontwill only be thrutwh or widl the_ M....ktwwledge.._ and oral_-aC Q 9.3 2. Dulig RmnsiWities. Regmeptative tiYl�; 9.3.2.1. Schedules - Review time pcgm5 19 so ig R -- at -otaWL—V ---k- Fa-INT RMERconggiloaacoeutijbility. 3.2.2. Memo ---A -A:ML --4W—Mp49%-- trend M�e n N ith the CO N such as prccpttstrup!ion e and other jab �qWpare and 9.3.11 Liaison 912-1± tiervn EI GThIiF.RIS liai%m CON with N orki IL--T-MCdOR, w ra princirally moist k; GONI 7TOR in ututerstandb the Cxxrhmx Dw nts, 91' 3 2 Assist" t� min: fiTnOWNER am rwWrod. for proper opcution of tht Work 9.3.23.3, Ady6p jbg M4ijjNfM CONTRACTOR of the ommenoament of any E�*-rqquir or f the, submission has, not mmplc submigpion U� "M-Vffmce"b Shpj 9.3,2,4.1. Conduct on site obg"ons; of I I he FNG m detammimr,4the Work jj,�jn . "I PWntV. lubli� -p_ )rothor alenom QL 9W- in-Tc is to the lktm.oVltlon,. cl* Cgntm-klt ENGINEER tvhelt aurifwati(m and tn4srivetauom of the (muncr qd _p�i to of the CcmEt Ct, flex-uments 9 3. b N4od. catjexits ---gmady aAn evaluate CONT&AC 7C)W,13 m4meWom Lor 20 wi Cl FY OF F()RT COUAM MODIFICA-FIOM MFV4n0()0) ifiatiollinD w' orS and 1*1 11=1 i = I;N Acwtittetv tnmsaiit to CONTRACTOR, decisims imod. bt, the PW7fNM. 93.17. Reeord pllulaqm, and of rfte� RACTO� S—CheAd"—shm w le Wooctiorv; or #m o Immmm Of the !A-: 9-3-12--$ 1 Draft mm-sed Clutwo and rqggjr pq lumm Nim Work Directive Characs -wo-Mi (Tdrm 93t18.4. Re imm ediately t q�anwkMR -fte pq-cwrcnw--qf AUAWJ&& 101, o 01 ti LC EMMMI, M�ACTQRLR .- MACT0. Wig - C v*bfishod rjogosklm for their sutxn=tDn and forward with rwmmomation to f v UllvGfa t,r narticufarly the m a of t ! t+�sRl? tcxte _tn+ ,+�h � va s' completedwork and d Nuiment delivered at the site t npt_rnccxporat�l_;n...the �Ycrk,, 93? It�_Coenpt�tiap %3.21(J._._Befon lG�'ER._ssuesa C,�t'�hlylite Ut SU � t.A�.Ilkil��I,�,,,R�t,�,,tinlll to COIv''T A r-Ooa list of observed items ................. rew triggcorrequort of cgwkka 9 3 2.10 2. Conduct final mspectiun iu t!x mnyxttry of die E dGINEER. OWN R and CONTR t i ()R and a mra a final disc of items to be coretxed or co iuleted. 93.2103. Observe that all items on the fit? l list have born_I! oae�n� _ etr�l t make rewmm a ia2i«ns to GI, 0MCMIMg o�xepipnce. 9.3.3 Limitation of Authori�. The Rgnesentative shall not: 9:3,3.1.,_,., Ainihxiu any dcviatioits fipm the Cantr�ct d�:inIIL18_Si5 #tiGSt&t �bsiituce Etv`CTfi4`l�BRLL 9:3.3.2 Exceed limitations of ENG's auth 9.3.3.3 _Un atalu an of the respaneihilitLes; k_,Nf1�CTt��„ Sulmmratrtire aX �91sd'l�a('T�i:.SIjt1S�lSl�tti, �t 3?i4".,,..aonttksd_..tattt_gtty-l�s�.t� �i. �e Mean s _ tntethad _ tscbn*es. segtletaas or .hr constructiQlL unless such �,.is s ,itic l,y ealled &cjn aQ 2tfprqPwvgL4., 9.3.3.5. Advise to a issue d�- ` _cstlttvl.__�.Qxs� W.utiakc a� lawn a in ccmttections wt.�th_Chg 3 6 _ front mwoe _?9p..a _ sminnimais diarn flee CONI`h2At E Q _ 9 3 i 7 Authorin _ UWICER to occupy ... the Work n L-NIo or in Dart 9,3.3.b. . ]>art ,iRate in_ Mcialized,__Geeld...or' la bomber teat.- or msnections co o&- led by others ifically..,._. autho ripod, _. '......_the laltUMM Ctadfhcationr and Intetpreofaow. 9.4. INGINEER will issue with reasoablc prouptnm suchwritten clarifications or interpretations of the MI)C 4b'NERA . CONllIMNS 191 e-9 (1990 Editiul) w! ci Ty of FoR r mi iim M('4)fF1CA'nON.S Q f;.N 4,2IX1rjI r4z7ttiramatAs of the Contract Dooumerats (in the farm of f)rawing- or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable €rom 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 interpretationjustifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount oextent theroai. if . OWNER or 0414TRACT0R may make a written claim therefor as provided in Article I i or Article 124 :tafhorEaed 6ariadons in lYurtr; 9.5. ENGINEER may authorize minor variations in die Wok from the reguuements of the Contract Documents which do not involve an atyustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Pmjca as a Itlnetio ag whole as indicated by the Contract Documents. These may he accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform fine Work involved promptly. If OWNER or CONTRACTOR believe.- that a Field Order justifies an acgiament in the Contract Prim or the Cattmct 7'irnes rand tSie parties are unable to agree as to the amount or extent theraoR OWNER or CONTRACTOR may make a written claim therefor as provided in Article i i or 12. RejacdngDefeadva Rork, 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, at that ENGINEER believes will net prodii" a completed Projoxt that confxi ns to the Contract Documents or that will prejudice the mtewhy of the do t cohcelr of the � eted pro'ect as a f nictior it g whole as indicated the Contract ocurnom ENG t3EER will also lave authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or rot the Weak is fabricated, installed a completed Shoop DrawbW Ckange Girders and;Papvmena. 93. In connection with bNOWEER's authority as to Shop Drawings and Samples, we paragraph 6.24 through 6.28 inclusive. 9's in connection with ENGINEER'-, authority as to Change Orders, see Articles 10,11, anti 12. 9-9. In connection with ENGINEERS authority as to Applications for Payment, we Article 14- Determinatloms for 11MI Prices 9.10, ENGUNTSR will detenu a the actual cpuaititice and classifications of Unit Price Wok 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 9 for payment or otherwise). ENGTNE R's written decision therein will be final and binding upon OWNM- and CONTRACTOR trim within ten days after tie date of any such decision, either OWNER or CONTRACTOR deftvers to the other and to ENGINEER written notice of intention to a�a 1 from ENGINEER's decision and- (i) an appeal frcan ENGINEEIts decision is taken within the time limits and in aec o dimce with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement', entered into between OWNER and CONTRACTOR pursuant to Article 16, or (it) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appeali je� party in a- forum of armpetent jurisdiction to exermse such rights or remedies as the appvWmg party may have with respect to ENGINEER's dammon, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. Dee#sioNs an Dlsiwttec 9.l'L UNGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the scceptabdtty of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the reyuveme ns of the Contract Documents pertaining to the performance and furnishing of the Work and damns under Articles I 1 and 12 in respect of changes in the Contract price or Contract Times will be referred otitis y to ENGINEER2 in writing with a request for a formal decision in accordance, , with this paza pile. Written notice of each such claim, dispute or other maancr will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (lot in no event later tlmn thirty rays) after the start of the occurrence or evert giving rise thereto, and written support] data will be sulsaitted W ENGINEER and the other party within sixty days after the start of such occurrence or event unless HNGTNH ER allows an additional period of time for the submission of additional or more aoavata dam in suppont of such claim. dispute or other matter. Tha ophclg shag submit say response to ENGINEER rty aimsit within thirty days after receipt of the claimant's last submittal (unless ENGiNEIER allows additional time). EsNG114BER will reader a formal decision is writiai lag within thirty clays alter receipt of the opposing party'# submittal, if any, in aomrdeime with this paragraph. ENGINEERS written decision on such claim, di�rte or other matter will be final and binding upon OW.NLIt and CONTRACTOR unless: (i) an appeal from ENGINEMs decision is taken within the time limits and in accociance with the procadores set forth in EXfIIE11 GC -A' "Dispute R lotion Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (4) if no suds Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGIN Mks 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 institutod by the appealloparty in a forum of competent Iuruahcvuort to exercise such rights or remedies as the appealing patty may have with re to such claim, dispute or other matter in accordance with spplicablo Laws and Regulations within sixty days of the date of such BICDC OINTM CONDITIONZ 1910-s n M Eofttiao 22 wi C1 YOF FORT MIJ, M MODIICATIONSOLEVJ120001 decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 0.12. When hmctioning as inn eter and fudge under paragraphs 9.10 and 9.11, ENGITEER will not show try to OWNER or CONTRACTOR and will not be liable in correction with any interpretation or decision rendered in good faint in such capacity. The rendering of a decision by ITC,fNEER pursuant to paragraphs 9.10 or 9.11 with respect to alty such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 1415) will he a condition dent to any exercise by OWNER or CO\TRACTOR of such rights or remedies ns either may otherwise have under the Contract ikx:u Tents or by Laws or Regulations- in respect of any such claim, dispute a other mama putsuaatta:ArueW 16. 9.13. Limitrdkns on EA INEER's Audority and ReArandUlirks. 9-13.1, Neither FNGIN%MR% authority or resporietway tinder this Article 9 or under any other provision of the Contract Documents tar any decision made by ENGINEER in good faith either to exercise or not exercise stcft million or n vpxi sibility or the undertap �" ,exercise or per onaance of any authority a respo maibdity by ENGINEER shall create, impose or give nse to any ditty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Sepliticr, any other person or organimriot, or to any surety fir or employee or agent of any of them. 9.13.2. WIGINLEiR will not suprxvim, direct, control or have authority over or ba ry Bible for CONTRACTORs means, methods, techtiquas, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any fanture of CONTRACTOR to comply with Laws and Regulations applicable to the Animating or performance of the Work, ENGINEER will not be responsible for CONTRACTOR's failure to perfarni or ftmhish the Work in accordance with the Contract Documents. 9.133. ENGINEER will not be hJs for the acts or omissionss of CONTRACTOR of of any Subcontractor, ananyy Supplier, or of any other person or 10'r1 motion pnwfoming or furnishing any of the 4yak. 9,13.4. ENGINEER's review of the final Application for payment and accompanying documentation and all maintenance and opeuallnpg instructions, schedules, guarantees, Bonds and certificates s of inspection, tests and approvals and other documentation required to be delivered by pavgoph 14.12 will only he to determine generally that their cortcra complies with the requirements of, and in the case of cortiffeates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents 9.I3.5. The limitations upon authority and responsibility set fordr in this parograph 9.13 shall also apply to ENGI N`EER's Consultants, Resident Project Representative and assistants. ARTICLE 10—CIIANGI S IN TM WORK 10.1. Without invalidat die Agreement and without notice to; SrcYy, OWR may, at any time or firm time to time, order additions, deletions or revisions in the Work_ Such additions, deletions or revisions will he authorized by a Written Aiueralment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall prompptly proceed with the Work involved which will be Performed under die 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 adlusbnem in the Contact Price or an adjustment of the Contract Times plat should be allowed as a result of a Work Cdwnge Directive, a claim may be made therefor as provided in Article 11 or Article 12, 103. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to arty Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 36 and 3.6, except m thecase 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 WriMan. Amendments) covering. 10.4.1. changes in the Work which are (i) ordered by OIANER pursuant to tQ1,(ii)required because of acceptance of do Wok healer paragraph 13.13 or cvrreedf%4 e='tn ¢ Work under paragraph 13.14, o (iij) agreed to by the parties: 10.4.2. diariges 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 bNOLNEER pursuant to Paragraph 9.1 l; provided that, in lieu of executing any such Change Older, an appeal may be taken from any such decision in accordance with the Provisions of the Vmtrsaa Documents and a hirable Laws and. Regulations but duru* any such ap CONfRAC1`OR shall utrty on the Work and era u the pragrecs 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 (u oludug. but noot limited to, Contrid Price or Conract Times) is required by the provisions of any Bond to be ggitven to a suretyry, the givin of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be a4ustcd accordingly. ARTICLE II--CIMGE OF CONTRACT PRICE 11.1. The Contract Rice constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All dtitims, req�onsibilities and obli Weis to or undertaken fry CONTRACTOR siaHbe m CO�ACTOR's expense without charge in the Contract Rice. I LZ The Contract Price may only be changed by a Change Omer or by a Written Amendment Any claim for on adjustment fit the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to INGINEER promptly (butt in no eve late 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 aft Use *A of such occutvettce or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in Support of the claim) mid shall be accompanied by claimant's written statement that the adjustment dutimed 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 ENGI M in accordance with paragraph9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Prior: will be valid if not submitted in accordance with this paragraph I t.2. 113. The value of ;my Work covered by a C3tartge Order or of any claim for an adjustment in the Contract Prior will bo determined as follows: 113.1. 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 EICDGCi&'MAL CONt)(T10M 1919.9 099e ElAttut) 2.3 al CITY OF FOaT (101 U NS M(URCIA110ke1(arV VZOM1 paragraphs 1.1.9.1 through 11.9.3, inclusive); 11.3.2. where the Work involved is not covered by unit pries contained in the Contract Documents, by a mutually agrecl payment basis including lump suet (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 C'omtact Documents and agreement to a hunp stun is not mouthed under �ragroph 11.3.2, on the basis of the Coat of the Work detennmed as provided in paragraphs 1.1 A and 11.5) plus a CON'1'1;LACTOR;c lee lie overhead and profit (*termined asprovided in paragraph 11.6), Cost of the Work: I IA. The term Can 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 casts 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: 11A.I.Pa roll costs for employees in the direct employ of C ONfRACTOR in the performance of the World under schedules of job classifications ngreed upon by OWNER and CON XACTOR. Such employees shall mehnde without limitation snperinteraknts, foremen and other personnel employed full-time at the site. Payroll costs fix employees not employed full-time on the Work shell be apportioned on the basis of their time spent on the Work Payroll costs Sall include; butt -net be limited to salaries and wages phis the cost of fringe benefits which shall include social security conntnbutans, unemployment, excise and payroll taxes, workers' compensation, health and4vtiremera benefit-� smelt kfawe veealion a�•pay applicable thereto. The expenses of perfammg (; after regular working hours, onSatt rday, Sunday or legal holidays, shall be included in the, above to the extent authorized by OWNER. 11A.2. Cast of all materials and equippmment famished and moolporated in the Work, fthclOZ& costs of transportation and storage thereof, and Suppliers' field services reqquired in connection therewith. All cash discounts shill accrue to CONTRACTOR untm—, OWNER deposits fwds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade disco ants, rebates and refunds and retums from sale of surplus materials and equipment shalt accrue ur Okl'NER, and COhs7TRACTOR stall make provisions so that they may be obtained. 11.4.3. Payments made by CON TRACTOR, to the Subcontractors for Work performed or furnished by Subcontractors if required by OWNER, F"COLNE 1AL CONI21T1C)M 191 m-$ (19" Edtkvt 24 Wirt "rYOFFOR'rCOLAINS,M(A)MCAHONS(RF.V4tzarm> CONTRACTOR "it obtain competitive bids €corn subcontractors acceptable to OWNER and COlTRACTOR and shall deliver such bids to OWNER who will then. determine, with the advice of L:NQINEER, which bids, if any, will be accepted. 1f any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the "lurk phis a fee, the Subcontractor's Cost of the Work and tee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as uvided in paragraphs l I A, 1.1.5, 1.1.6 and I, L-7. All subcontracts shall be subject to to either provisions of the Contract Documents insofar as applicable. 11 AA_ Costs of special oonsultams (including but not limited W engineers, architects, tea m laboralcies suveyms, altcneys and accountantsi 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 C ONPRACTOR's employces incurred in discharge of duties connected with the Work. 11.4.52. Coal, including tranrsponatidn and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary flicilitfes 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 suh items used but not consumed which remain the property of CONTRACTOR, 11.4.5.3. Rentals of all construction equipment and machatety and the parts thereof whir ratted from CONTRACTOR or otters in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the coats of transportation, loading, urdoadiruz installation, dismantling and remrnal th roof l in accordance with terms of said rental agreements. The rental of any such equipment, machinery or pasts sell cease when the use thereof is no longer necessary for the Work. 11.4,5* 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. L)eposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indir"Ay emplcyred by any of them or for whose acts any of than may be Gable, and royalty payments and fees for permits and licenses. 11.4.5.6. Louses and damages (and related exposes) caused by damagee to the Work, not comporoated by insurance or otherwise, sustained by CONTRACTOR in conmeotiom with the performance, arid funushang of the Work (except Irma and damages within the deductible amounts of propxrty insurance established by, OWNER in accordds� a with paragraph 5.9} pmvi(k d they have 'resulted from causes other than the negligztrza of C ON'TRACILOR, any Su cte , or anyone directly or indirectly employed by any of dim or for whose acts any of them may be liable. Such losses shall include settlements inade with the written consent and approval of OWN k No such lames, damages and expenses shalt be included in the Cos of the WrA for the purr si of determining CONTRAC rMs fee. Ihohowever, any such loss Cc 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. I I.4.5.;. The cost of utiLidcs, fuel and sanitary facilities at the silt. 11.43, . :k4imx expenses such as telegrams, tag distance telephone oaths, telephone service at the site, expressage and similar petty cash items in camnection with the Work. 11.4.5.9. Cos of premiums for additional Bonds mul insurance requited because of changes in the Work. 11.5. The term Caw of the Week shall not include any of the following, i1.5.1. Payroll coats and other compensation of CONTRACTOR's officers, executives, principals (of partuenihip and sole pxopxidorship xs general managers, engineers. architect:, e5tmh8tors, 'a[(onWs, audttcrs, accountants, purchasing and contracting agents, expediters, timekeepers, Clerks and other per hurl employed by CONTRACTOR whether at the site or in CONTRACTORS principal or a branch office for general administraition, of the Work anti sot cifnalpy included in the agreed upon schcdnle of job olassifieations referred to at paragraph 11.4.1 or specifically covered bbyy k l h 11 A.4-a11 of which err w be considennd acltmintstrattyentatt ocver; d by tine CONTRACTOR's fee. 11.5.2. B.xperusos of CONTRACTOR's principal and branch offices other than CONTRACTORrs office at the site. 11.5.3. Any part of CONTRACTM, capital expenses, including interest on CONTRACTOR'S 0�1�p"�,(��employed for the Work and charges against C(SM RACTOR.fir delirgient paymerds. 11.3.4. Cost of premiums for all Bonds and foe all mamance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same ('except for the cost of premiums cover«1-ry subparagraph 11.4.5.9 above). EXT)C ODUAL CONDITIONS 190-8 (19" Er5him) wf (3TY (7F K%T CX) JAM M0MFICAT I0NS (tF'V 4aM)) 11,5.5, Costs due to the negligence of CONTRACTOR any Subcontmctr, or anyone directly or indirectly, employed by any of them or for whose ads any of them may be liable, including but not limited to, the cmivcuon of ckfecot? Work, disposal of materials or equipment wrongly supplied and making good any damagne to property. 1 tj.6. Other overhead or general expense costs of any kind mid the costs of any item not specifically and expressly included in paragraph I IA. 116. The CONTRACTOR's fee allowed to CONTRACTOR fix overhead and profit shall be determined as follows. 1 l_6.1. a inunially aciVtable fined tee, of 11.6.2, if a fated lee is not agreed upon, than a fee based on the followig percentages of the various portions of the Cost of the Work: I i A2.I. for costs incurred under paragapphs 11 A.1 am 11.4.2, the CONTRACTOR's fee shall be fifteen percent; 11.6.2 2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee ABU be five percent; 11.6.23, where one or more tiers of wincomrads are on the basis of Chat of the Work Otis a fee and no fused fee is a roupthe intent of paragmphs 11.4.1, 11. 2«i, 1on, 1.4.3 and 11.6.2 is that the Subcontractor who actually perfca-v s or furnishes the Work, at whatever tia, will Ix paid a fee of fifteen percent of the casts I ncurred by such Subcontraaor under paragraphs l l A.I and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid afee-o"Y of-Unaaetatatshand to Elie rasa levxrt; uaeter; fg Eve ram .11llL.atN......1>a_.....C°..1 . rAa't 10Vv r sks.%abMnitlt, 11.6.2.4, no fee shall be payable on rho basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 113; 11.6.2.5. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which rcau is in a net decrease in cost will ho the amount of the actual net decrease in cosh plus a deduction in CONTRACTOR's tee by an amount equal to five percent of such not decrease; and 11.6.2.6. when both additions and credits are involved in may one mine s, the adjustment in CONTTRAf..TQR's fee simll be computed M the basis of the net change in accordance with paragmphs 11.6.2-I through 11.6,15, inclusive. 111. Whenever the cost of any Work is to be 25 determined pursuant to paragraphs 11_4 and 115, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGTWMIt an item ized cost breakdown together with supporting data. Cash 1111owances: I 1 A It is undcrAcwd that CONTRACTOR has included in the Contract Rice all allowances so named in the Contract Documents and shall cause the Work so coveted to be furnnished and performed for such sums as may be acceptable to OWNTHR and ENGINTHR CONTRACTOR agrees that: 11.8.1, the allowances include the cast to CONTRACTOR (less any applicable trade discounts} of materials and equipmeiu required by the allowances to be delivered at dtnhee site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs fur unloadig and handling on the site, labor, instnllatioun costs, overhead, profit and other expenses contemplated for the allowances have been included in the Commct Price and not in the allowances and no demand for additional payment on account of any of the foregoing will he valid.. Prior to Oral payment, an apprc��rmte Change Order will be issued as recommended b�tyy INCE `SNEER to reflect actual amounts due CONTRACT OR on account of Work covered by allowarm and the Contract Price shall be correspondingly adjusted. 11.9. Ilan Price Work 11.9.1. Where the Contract Documents provide dart all or part of the Wait 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 Agreemem. The estimated quantities of items of Unit Price Work are not guaranteed and are solely fix the purpose of comparison ofHids aril determining an initial Contract Pricelaetermirtatiosns 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. Twdi unit price will be deemed to include an amour considered by CONTRACTOR to be adequate to cover CONTRACfORs overhead and profit for each separately identified item. 1193.O%kWHR or CONTRACTOR may make a claan for an adjustment in the Contrail Price in accordance withArucle 11 if. 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR diflem materially and significantly from the estimated quantity of such item indicated in the Agreement;. 26 EJBpCt3k�tiNnt. CONgdT(C)NS 1910$ft49m EdaiaQ wit t3cY (7F F'*T COIJJM MOI)IFICATICINS 170W r 2(ft) MM 11.9.3.2. there is no corresponding aliustnnent with respect to any other item of Work: and 119.3.3, if (X)MMA(MR, believes that CONTRACTOR is entitled to an increase it Contract Price as a result of haviupr incurred additional expense or OWNER believes that OWNEM is entitled to a decrease it Contract Rice and the fatties are tumble to agree as to the amount of any such increase or decrease.. 993.A. CONTRACTOR g rrctrrwwlc es Utat the OWN' has the to ndd or delete items in the B or_c�rg, ntiti¢s at )(1kN R'S solo ion without as ine the Contract Price of atAX-remaining.jY41?t_so..lgn�...ws.the...deletion or atkhtien dlo�s art tKoFed twWAY-five oeroent of L}1G.Q�Inal 20[��_CO_r11LY141'.!�:'�Ii XRT1C1,E 12--CIIANGE OF CONTRACT TIMES III, The Czaaact 'limes (or Milectoes) may only he changed by a Charge Carder or a Written Amendment. An claim fax an ad�tniznent of the Contract Times (or Mi s) shall he Eased on written notice delivered by the party making the claim to the other patty and to IANGINEER promptly (but in no event later than thirty a}x} after the occurrence of the even ggitving rise to the data and stating the ganeal nature of rite claim. Notice of the extent of the clean with supporting data shall be delivered within sixty days a@er such occaaxerrce (unless ENGINE RR allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimants written statement that the adjustuent claimed is the entire adjustaaem to which the daimam has reason to believe it is emitted as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Miesumei) shall be determined by ENGLN13E�R. in accordance with paragraph 9.11 if OWNI R and CONTRACTOR catmo otherwise agree. No claim for an adjustment in the Contract Times (or Miheestenes) will be valid if M submitted in accordance with the requirements ofthis paragraph 12.1, 112. All time limits stated in the Corin act Documents are of the essence of the Agreement. 123, Where CONTRACTOR is prevented from completing any part of the Work within the Contract Mimes (or .1Ailestones) due to delay beyond the control of CONTRACTOR, the Contract Times(or.Mile9oes) will be extended in an amour equal to time lost due to such delay if a claim is made therefor as provided in Mlt 12.1, Delays beyond the control of ACTOR slmll include, but rant be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractc," performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or sets of Cnxh. Delays attributable to and