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HomeMy WebLinkAboutWORK ORDER - BID - 6054 ASPHALT SLURRY SEAL PROJECTSPECIFICATIONS AND CONTRACT DOCUMENTS FOR 2008 RENEWAL 6054 ASPHALT SLURRY SEAL PROJECT City of Fort Collins APRIL 2008 aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General. Conditions. 90% of: the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will, be no additional retainage on account. of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of. the General Conditions) may be included in the application for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall. determine or OWNER may withhold in accordance with paragraph 1A .7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General. Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, .locality, and with all local. conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical. condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and :in accordance with the other terms and conditions of the Contract Documents, including specifically the 9/12/01 Section 00520 Rage 3 WOOdWC5t 0o, oo p.0-l% 01AMt, 1sy -j INT 431R 'n" ADO ROCrY MOWWAIN WAY Ask SO op: KU gmus W. 10 --- iw A y" wliOi RZ 4"f Q �Zlxoy QQ 'i JSA Wlow I I j; 5, WIN 'W", ju l-jv, ""N, " 1, MIR JI-of, " 11 ay WWA 'N ZV SUN LZ fawTv . ..... a di -525, 5 olN ltio, em a Ann—, xwg, Z aw 'ip �js, .... ... . . . on i�71 lo W­ I I Wj �ql "o ol, lio i­9 n, lo, i, uol iQ v4p it lot lov 4, j.C' I -A OWS AIi buy i. ­iNl JWW" "M 1 0 1 i AMA No 0 401if low, III "o,". 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PROJECT GENERAL RliQUIREtIENTS INDEX SECTION PAGE \UriIBERS 01010 Suuunary of Work General Requirements 1-2 01040 Coordination General Requirements 3-4 01310 Cotistructioat Schedules General Requirements 5-6 01330 SwTey Data General Requiremems 7 01340 Shop Drawinss Genera] Requirements 8-10 01410 '1estin= General Requiremen(s11-12 01510 Temponu), Utilities General Requirements 13 01560 Temporary C'oimols General Requirements 14-15 01700 Contract Closeout General Requirements 16 01800 Method of Measurement vtd Basis of Payment General Requirements 17 9/997/96 Section 00960 Page 1 SECTION 01010 SUMMARY OF WORK 1.1 DESCRIPTION OF WORK A. A. This work shall consist ofthe placement of Type l l asphaltslurry seal on residential streets and parking lots as shown in Section 3500, Project Maps. B. protection and Restoration. 1. Replacetoequal orbetterconditions all items removed and replacedoi damaged duringeonstruction. Restore all areas disturbed to match surrounding surface conditions. Also see t'eo protection standards. C. Construction 4[ours I. Construction hours, except for emergencies, shall be limited to 7:00 a.m. to 6:00 p.m., Monday through ]'I iday, unless otherwise authorized in writing by the Engineer. After hour equipment operation shall be in accordance with Section 1500. 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 clue 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 znd inspection shall be :f50.00 per howl 1.2 NOTICES TO PRIVATE OWNERS AND AUTI IORITIES A. Notify private owners of adjacent properly, utilities, irrigation canal, and affected governmental agencies when prosecution of the Work may affect them. D. 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 hom:s prior excavating near underground utilities. D. Contact all agencies at least 72 howa 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 Bngincer/Manager) f'orthc City of Fort Collins. Todd Juergens will be the ENGINEER (Project Engineer/Manager) for Larimer County. Rick Richter 970.221.6798 Mobile 970.222.1132 Erika Keeton 970,223.6605 Mobile 970.222.0787 F. Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's convenience. Genes] Requimacnts-Page I of 17 U•I•rLl'r]rS Water: City of Fort Collins, Colorado 221-6700, Meter Shop 221.6759 Stone Sewer: City of Fort Collins, Colorado 221-6700 Sanitary Sewer: City of Fort Collins, Colorado 221-6700 Electrical: City of Port Collins, Colorado 221-6700 Gas: Public Service Company of Colorado 482-5922,221-8553 Telephone: U.S. West Communications 484.0300, 226-6310 '11raf o Operations: City of Ft. Collins, Colorado 221-6608 Cable'relevision: Cornetist 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: 221-6.550 Emergency: 911 posbriaster: US Postal Service: 225-4111 Transportation: Transforc 221-6620 Traffic Engineering: 221-6608 END OF SECTION Lai inter County Sheriffs Department: Non -Emergency: 221-7177 Ambulance: Poudre Valley Hospital Non -Emergency: 484-1227 Emergency: 911 General Requirements - I'ago 2 of 17 SECTION 01040 COORDINATION 1.1 GENERAL CONTRACTOR RESPONSIBILITIES A. Coordinateoperalionsuudercontract inamannerwhich will tacilitateprogressofthe Work. The Conhactorshall also coordinate with the Landscape Contractor whose Work is separate from the General Contractor's contract. B. Conform to the requirements oFpublic 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 titility work to allow for ef&cicnt completion of the Woa'k. D. Coot dinateal l operations withdicadjoining propereyowncrs, businessowners, and surroundingacighborhoods to provide satisfactory access at all times and kelp them informed at all times. 1.2 CONFERENCES A. A 1'reconsn'uction Conference will be held prior to the start of construction. 1. Conn actor shall participate in the conference accompanied by all major Subcontractors, including the Traffic Contol Supervisor assigned to the project. 2. Conu'actor 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 coo)dination conferences w it l be held prior tostart ol'consu'uction for coordination ofthe Work, refining project schedules, and utility coordination. C. Engineermay 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. L3 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 of required by the progress of the Work. B. Attendance shall include: 1. Contractor and Suporintendeut. 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. <icncrat 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. U. 'Fhe 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 fertile monthly progress estimates. This process ensures accurate monthly project pay estimates. END OF SECTION Genes' Requirements- Pagc4 M 17 provisions of paragraph 4.2 of the General Conditions, and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for, such purposes. 6.4. CONTRACTOR has reviewed and checked all. information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER .is acceptable to CONTRAC'TOR. ARTICLE 7. CONTRACT DOCUMENT'S 7.1 The Contract Documents which comprise the entire Agreement: between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included .in the definition of "Contract Documents" :in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for, use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but, are not limited to, the following: 7.2.1.Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3Lien Waiver Releases 7.2.4Consent of. Surety 7.2.5Appl.icaL.ion for Exemption Certificate 7.2..6Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: N/A The Contract Drawings shall be stamped "Final, for Construction" and dated. Any revisions made shall be clearly identified and dated. 9/12/01 Section 00520 Page 4 SECTION 01310 CONSTRUCTION SCHEDULES 1.1 GENERAL A. The contractor shall prepare a detailed schedule of all construction operations and procurement after review of tentative schedu le by parties attending the pre•conslruction conference. This schedule will show how the conuractor 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 ofequipment anti materials. 2. Includes Schcdulewhich includes the critical path for Shop Drawings, tests, and othersubmlttai requirements for equipment and materials, reference Section 01340. 1.4 PROGRGSS REVISIONS A. Submit revised schedules vrd 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 dale. 2. Revised projections of progress and completion. C Provide a narrative report as needed to define: 1. Anticipated i»oblems, recommended actions, and their effects on the schedule. 2. 'file effect of changes on schedules of others. General Requirements- Page 5 of 17 1.5 OWNER'S RESPONSIBILITY A. Owner's review is only ror 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 conshuction as provided in the General Conditions. END OF SECTION General Requirements- Papa 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 mininnum of48 hours prior to needing sm'ye - C. If the requested surveying cannot be accomplished in the time fi•ame requested by the Contractor, file survey personnel shall notify the Contractor with file date on which the requested work will be completed. D. Should a sudden change in the Contractor's operations orschedulerequirethesurvey personnel toworkoverlime, the Contt'actor shall pay the additional overtime expense. E. The Cond'actorshall protect all Survey monumenlsand construction stakes. If it is unavoidable toremove a survey monument or construction stakes, the Contractor is responsible for notifying the Surveyor and allowing enough time for the monunnents 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. R The Contractor shall be responsible for transferring the information 6ontthe construction stakes to any necessary forms and for conso'ucting all pipelines, drainageways, pavements, inlets, walls, and otherstrucau'es in accordance with the information on the stakes and grade sheets supplied by the Owner. END OF SECTION General acquirements - Ngc 7 or 1'7 SECTION 01340 SHOP DRAWINGS 1.1 GENERAL A. Submit Shop Drawings, Samples, and other submittals as required by individual speci tication sections. I. Engineer will not accept Shop Drawings or other submittals fi-mn anyone but Contractor. B. Schedule: Reference Section 01310, Construction Schedules. Submittals received by Engineer prior to thetime sot forth in the approved schedule will be reviewed at ally time convenient to Engineer before the time required by the schedule. C. Any need for morethan one re -submission, orally otherdelay in obtaining Engineer's review ol'submittals, will not entitle Contractor to extension of the contract 'rime 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 lily other reason which prevents Engineer's timely review. Failure ofConhactor 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 Urawings or samples are required until such submittals ,stamped by Contractor and property 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 Engineers submittal review stamp are de®ne<i as follows: 1. NO EXCEPTION TAKEN Signifies material orequipment 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 ofthe submittal arc to be transmitted for final distribution. 2. REVISE AS NOTED Signifies material orequipment represented by thesubmittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable forireorporation in the Work in accoidaucc with F..ngineer'snotations. Contractoris to proceed with the Work inaccoidance, with Engineer's notations and is to submit a revised submittal responsive to notations marked on the returned submittal or written in the letter of transmittal. 3. REI ECTE.D Signifies material or equipment represented by the submittal does not conform with the design concept or comply with the information given in the Collu"ct Documents and is not acceptable for use in file Work. Contractor is to submit submittals responsive to the Contract Documents. GQacral Requirements - Pages 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 detennining that items represented thereby confonn 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 tho Work m' 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 mate'la is and equipment conform will) 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 tot general information but not for substance. C. Fin 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. G. Complete dimensions, clearances inquired, 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 sl)eci flea ly applicable to (lie Work. C. Fornnat. L Present in a cleat 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. G. 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 infonnation 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. Speciflcations'ectionnumber, specification articlenumberf'or which itemsapply, intendeduseofitem 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. Ocnaal Rcquitemcnis - Page) oi' 17 g. Revisions on re -submittals. h. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field measurements and fielci eonstnvetion criteria, and coordination ofthe information within the submittal with requirements of the Work and the Conn'act Documents. 1.3 SUBMISSION REQUIREMEMI'S 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. Mininmm 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 Lngineer on previous submissions. D. Shop Drawings. 1. luclude additional drawings that may be required to show, essential details of any changes proposed by Conttraclor along with required wiring and piping layouts. END OF SECTION General Requirements -1'uge 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 laoduct 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. 'Pests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided, sampling and testing ofall materials and the laboratory methods and testing equipment shall no 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 oftheSpecifications. Anynrodificationof,orelaborationon, 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: I. 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. Inaddition to those inspections and tests called for in tho General Conditions, Contractor shall also be responsible for and shalt pay all costs in connection with testing required for the following: 1. All performance and Geld 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 Requirciutnts - Page I 1 0117 E. Superintendence: The Contractors ha ll employ a flu l time Superintendent to monitor and coordinate all facetsoftlie Work, The Superintendent shall have adequate experience to perform the duties of Superintendent. C. Contractor's quality control system is the means by which I,eassures himselftbat 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 includeevideace that the required inspections or tests have been performed (including type and numberof inspections ortest, nature of (lefects, causes for rejection, etc.) proposed or directed remedial action, and coaeetive action taken. Document inspections and tests as required by each section of the Specifications. Provide copies to Engineer weekly. END OF SECTION General Requiremeras- Page 12 or 17 SECTION 01510 TEMPORARY UTILITIES LI 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. Metes may be obtained through the Waler 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 to' thenceds: of construction workers and othcrsperforming work or furnishing services on the Project. L. Property maintain sanitary facilities ol'rcasonable capacity throughout construction periods. C. katforce the use of such sanitary facilities by all personnel at the site. D. Obscure from public view to the greatest practical extent. LND OF SECTION Comal Requimmens - Page 13 of 17 SECTION 01560 TEMPORARY CONTROLS LI NOISE CONTROL A. 'Cake reasonablemeasures to avoid unnecessary noise when consh'uction activities are beingporfotnted 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 homy of 6:00 p.m. and 7:00 a.m. 1.2 DUSTCONTROL, A. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing. B. Garth and road surfaces subject to dusting due to construction activities and detow'ing 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. Proventthepollution ofalminsand watercoursesbysanitary wastes,concrete, sediment, debrisandothersubstances resulting from construction activities. 1. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off tho 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 fl'om 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, send bags,plastic sbects, dintap orculverts to prevent thecrosion of banks and beds of watercourses or drainage swales whcrc runoff will be increased clue 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 will) the City of fort Collins, Storm Drainage Erosion Control Manual. General lequiremuna - Page 14 of 17 7.4. Addenda Numbers n/a to n/a, inclusive. 7.5. The Contract Documents also include all written amendments and Other documents amending, modifying, or supplementing the Contract Documents Pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference .in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used :in this Agreement which are defined in Article I of, the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests .in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds .itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. 9/12./01 Section 00520 Page 5 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 "Latimer County Urban Area Street Standards." In. the event of coil flier between the MUTCD criteria and the City's criteria, the City's criteria shall govern. L6 FIAUL ROUTES The Engineer reserves the right to set haul routes in order to protect pavements, both new and old, fit om 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 thejudge 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. Puuther, thesedrawingsshouldretlect all underground obstaclesencountered. E. These record drawings along with any sin vey records, photographs and wi itten desci iptions of said work as irmy bu require([ by the Grgineer shall be submitted prior to project acceptance. END Of SECTION General Requirements- Page IGoI17 SECTION 01800 METHOD OF MEASUREMENT AND BASIS OF PAYMEN'r L1 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'fotal Bid Price coves all Work required by the Contract Documents. All work not specifically sct 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 furnishingall materials, equipment and tools; and performing all labor and supervision to fully complete the We& 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. "file basis of payment shall be the actual amount ofmaterials 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 fwnislied and the estimated amount therefor. END OF SEC"rION Gencmi Requirements - Page 17 of 17 SECTION 02000 PROJL+CTSPECIRICATIONS The Colorado Division of Transportation "Standard Specifications for Road and Bridge Construction", 2005, and the current version of the Larimor County "Urban Area Street Standards", (hereafter referred to as the "Standard Specifications") are made a part of this Contract by this reference, except as revised herein, and are hereby adopted as the minimum Standard Specifications ofCompliauce for this project. In those instances where the Standard Specifications conflict with any of the provisions of the preceding Sections, the preceding Sections shall govern. INDEX OF REVISIONS SECTION 104 Traffic and Parking Control 105 Control of Work 108 Prosecution and Progress 409 Asphalt Slurry Seal 409 Capeseal — Bid Alternate 630 Co),s4uction Zone Traffic Control 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 clearpaiking from the sheets when such parking will interfere with the work. prior to work that requires the sit eel(s) to be closed to padding and/or traffic, the sit eet(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 clay, hate 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 iomain in place until the street is opened to traffic and all clean dill 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 I'or under the terms of this Conuact. 'The Contractor will not be paid for traffic control costs incurredduring 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 all([ the placement of I aftie 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 ofhandlingparking ands 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 clay shall be agreed upon by the Contiaclorandl lire Engineer. The Contractor shal l utilize forms approved by the Engineer for the tabu lalion of Traffic Control Devices utilized. 'tile Contractor shall maintain access at all times to all businesses within the project. Any changes in the traffic control, including additional signs, barricades, and for flaggers needled in the field shall be inunediatcly implemented as directed by the Engineer. I'he cost for traffic cannot is covered in "Revision of Section 630, Traffic Control Devices" found beein Project Spccificadions - Page I of 2a N OD PARKING WeA Jults 7 7:00 AM - 6:00 PM PATCHING IS'ujecl SpcciEcations — I'agc 2 of 23 REVISION OF SECTION 105 CONTROL OF WORK Section 105 of the Standard Specifications is hereby revised as follows: INSPECTION AND TESTING OF WORK Subsection 105.15 shall include the following: 'The Contractor shal I 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 starling any construction operation that will require inspection, measuring for pay quantities, osampling. Failure ofthe Contractor to providesuch notice will relievetheowner andthe Cngineer from any responsibility for additional costs or delays caused by such failure. Inspection of the work o materials shall not relieve the Contractor of any of his obligations to fulfill his contract as prescribod. Work and materials not meeting specifications shall be corrected and unsuitable work or materials maybe rejected, notwithstanding that such work or materials have been previously inspected by the Engineer or that payment therefore has been included in the progress estimate. MAINTENANCE DURING CONSTRUCTION Subsection 105.18 shall include the following: The roadway area, including curb, gutter, and sidewalk, adjacent to and through the construction area shall be cleaned of debris by the Contractor at tine 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 fronn 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. Tie 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 clue the Contractor sufficient fiords 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 fo separately, but shall be included in the work. All applied slurry surfaces steal I be swept by an approved vacuum style sweeper to rennovc tiny excess raveled material which becomes dislodged from the street surface after five. (5) calendar clays, 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 tine 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 tine specifications. Pro,lect spcci 6cations — Page 3 of 28 "NO PARKING"signsshall beplaccclat least 24 hourspriorto 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." Pa" e1n Unit 105.10 Sweeping -All street surfaces Each 105.20 Sweeping -All parking lot surfaces Each Project Specifications — Page 4 of2S 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 slurry seal application shall he completed on or before August 15, and within the following calendar months: JAN FEB MAR APR MAY ,I t1N )UL AUG SEP OC9' NOV DCC :> c It is the intent of this project to be completed within twenty (20) working clays after work commences for the City of Fort Collins as described below: • Fourteen (14) consecutive working clays will be allotted for construction. • Three(3)consecutiveworking days wil l be al lotted for the firstsweepingoperation. See Revision of Section 105, Maintenance During Construction • Three(3) consecutive working days will be allotted for the second sweepingoperation. 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 SpeellicationS — Page 5 of 28 REVISION OF SECTION 409 ASPHALT SLURRY SEAL Section 409 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 409.01 shall include the following: 'file bituminous slurry surface shall consist of properly proportioned and mixed mineral aggregate, asphalt emulsion water, and specific additives proportioned, mixed and uniformly spread oil the properly prepared surface of the streets as specified herein and as directed by the Engineer. 9'he slurry, when cured, shall have a homogeneous appearance, fill all cracks, adhere firmly to the adjacent surface, and have skid resistant texture. MATERIALS Subsection 409.02 shall include the following ASPHALT EMULSION 'File enwlsified asphalt shall conform to Grade CQS-IIIL (Cationic Quick Setting Emulsified Asphalt with Latex Polymer) as specified in ASTM D977 and D2397 (Specification for Enxllsified Asphalt and Cationic Emulsified Asphalt), except that the residual asphalt having a penetration of40- 90 shall constitute at least 6o percent of the emulsion by weight, and that the Saybolt Purol Viscosity of the enndsion at 770 P (250 C) shall not exceed 50 seconds. Slow Setting el n lSions may not be used. CQS-II-IL shall be an emulsified blend of asphalt, water, and styrene-butadiene rubber (SBR) latex and emulsifiers. 'file emulsion shall be pumpable and suitable for use in slurry seal mixing and spreading equipment, and suitable fieapplication through a distributor truck. 'i'he emulsion shall contain a minimum of two percent (2%) by weight of SBR polymer solids based on weight of residual asphalt. 'Tile 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 certi ficate of analysis/compliance and submitted to the Engineer to assure that it is the same as that used in the mix design. AGGREGATE The mineral aggregate shall consist of natural or manufactured sand, slag, ciuslier fines, and others, or a combination thereofand 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 Boo organic matter and other deleterious substances. When tested in accordance with AASHTO T176 or ASTM A2419 (Sand Equivalent Value of Soils and Pine Aggregates), the aggregate shall have a sand equivalent of not less than 65. When tested according to AASHT0 T104, of ASTM C88 (Soundness of Aggregates by Use of Sodium Sulfhte of Magnesium Sulphate), the aggregate shall show a loss of not more than 15%using NA2SO,i, or 25% using MgSO,i. When tested according to AASHTO T96, or ASTM C131 (Resistance to Abrasion of Small Size Coarse Aggregate by Use of the Los Angeles Machine), the aggregate shall show a loss of not more than 20%. Mineral fillers such as Portland comer(, limestone dust, lime, fly ash, and other approved fillers shall be considered as part of the blended aggregate, used in the minimmm amount required, and manufactured in the projectyeai. Cost of mineral fillets, if used, is to be included in the unit price of the slurry seal and shall not be Pmjecl Specilicalions — Page G of 28 OWNER: CITY 010 FORT COLLINS By:eAANaG _0 �x^ JAMESII, PUREMENT Date: Attes Address for giving notices: P. 0. Box 580 Fort Collins, CO 80522 9/12/01 CONTRACTOR:A-11 Chipseal Company By;_—._„�l�a r T i t l e: Aa0 Vagher, President Date: Bn)Lnoit, --t co �Oco- U LICENSE NO.: Section 00520 Page 6 REVISION OF SECTION 409 ASPHALT SLURRY SEAL paid for separately. Tlicy shall meet the gradation requirements of AAShll'O M 17 or ASTM D242 (Mineral Fi l lei, for Bi luminous Paving M ixtui es). Mineral fillers shall be used for one or more of the following reasons only: 1. To iminrove 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 thejob site. Oversized material and/or clay balls in the slurry seat shall be cause frn rejection. The total aggregate, including mineral filler, shall conform to the following gradation when tested by AASIITO T'27, or ASTM C136 (Sieve Analysis of Aggregates): SIEVE SIZE PERCENT PASSING TYPE 11 3/8" ( 9.5 min) 100 No. 4 ( 4.75 nnn) 90 - 100 No. 8 ( 2.36 mill ) GS - 90 No. 16 ( L18 mm) 45 .70 No. 30 ( 600 um) 30 - 50 No. 50 ( 330 mn) 15-30 No.t00 ( lso um) 10-20 No. 200 ( 75 um) 5 - 15 The Contractor shall submit a Certificate of Compl lance 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 Scal. This ceitificateshall be supplemented by laboratory test data performed by an independent testing laboratory at no expense to the Owner, MIX DESIGN At least two weeks prior to commencement of work, the Contractor shall submit a signed mix design covering the specific materials to be used oil the project. 'Phis design shall be performed by a laboratory qualified to perform hiternational Slurry Seal Association ([SSA) tests. Once the materials are approved, no substitution will be permitted, unless that 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 enwlsion shall bo verified by (lie mix clesign. All component Projcer Spwifcations — Pagc 7 of 28 REVISION OF SECTION 409 ASPHALT SLURRY SEAL materials used in the mix design shall be representative of the material proposed by the Contractor for use on the project. 2. Specifications 'File 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 11: 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 plopeitios Water As required to produce proper mix consistency WATER All water used in making the slurry shall be, potable and &ee of dissolved ingredients that may prove harmful. Water shall be of such quality that the asphalt will not separate teom the emulsion before the slurry scat is in place. The effect of moistm'e content on the specific weight of the aggiogate., and the moisture content of the aggregate being used, shall be taken into account in calibrating the machine to deliver mix in the correct proportion. LABORATORY TESTING All materials shall be pic-tested by the Contractor, at his expense, in a qualified laboratory as to thcirsuitability 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, comparingtheirvak es to those required by this specification. The report will provide the following information on the slurry seal mixture. 'TEST PURPOSE METFIOD SPECIFICATION Slurry Seal Consistency IS SA TI06—] 2 - 3 oin Excess Asphalt ISSA TI09 5() g/ft2 max (538 g/m' max) Wet Stripping Test ISSA'1'1 [4 Pass (90% min) —� Compatibility ISSA'r115 Pass* Quick Set Emulsion ISSA T102 Pass" Wet'I'rack Abrasion ASfM D3910 I Ltour Soak Loss 50 gg/ftZmax (538Chn2 max) 6 Day Soak loss 75 /ft max 807 /m'- max) Mixing tests must pass at the maximum expected an temperature. ** Using specific job aggregate and emulsion content. Pro,icet SNeffioations - Page 8 01'28 REVISION OF SECTION 409 ASPHALT SLURRY SEAL The laboratory shall further report the quantitative effects of moisture content on the unit weight of the ag1regate(I3ulkingeffect). The laboratoryreporl nnistclearlyshow thepropor(ionsofaggrcgatc, mineral filler Qninimum and maximum), water (minimum and maximum), additive(s) (usage), and asphalt hased 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 Contractorat least two weeks prior to commencement of any work" Ifthe Contractor performs this testing, the Engineer or his representative shall be allowed to observe all testing. STOCKPILING OF AGGREGATE Precautions shall be taken to ensure that stockpiles are carefully mixed just prior to use to ensure uniform distribution of the moisture, and that they do not become contaminated with over -sized seed rock, clay, silt, of excessivcannountsofmoisture. Toelinninateovoisizectaggiegate, the material shall besereened atthe load site immediately prior to use, and shall be directly deposited from the screen to the mixing equipment. Costs for the screen will not be measured or paid for separately, but shall be considered incidental to the work. The stockpile shall be kept in areas that drain readily. Segregation of the aggregate will not be permitted. STORAGE The Contractor shall provide suitable storage facilities for the asphalt emulsion, using containers equipped to preventwaterfromenteriugtltecmulsion. Ifnecessary, suitable heat shall beprovidedtoprevent freezing. No Portion of the right of way may be used for storage of any materials or equipment. SAMPLING Samples of materials and of the finished slurry surface shall be furnished by the Contractor as directed by the Engineer cluring progress of the work at no expense to the Owner. Test reports shall be required from the Contractor as additional materials arrive. Testing costs will be computed in accordance with section 1400 "Quality Control". CONSTRUCTION REQUIREMENTS Subsection 409.04 shall be revised as follows: WEATHER LIMITATIONS No slurry shall be applied: When thee is any danger the finished product will freeze before it cures completely. 2. When the pavement or air temperature is 60°F (160 C) or below and falling. 3. While puddles of water remain on the surface to be coated. Tile Contractor is responsible f'or repairing or replacing any surfaces damaged by weather. Subsection 409.05 shalt be revised as follows: EQUIPMENT All equipment, tools, and machines used in the performance of this work shall be maintained in satisfactory working order at all times. Descriptive infornmtion on fhe slurry mixing and applying equipment to be Project Specilkations - Page 9 of 28 REVISION OR SECTION 409 ASPHALT SLURRY SEAL, used shall be submitted for approval a nrfnimum of seven (7) days before commeneement of work. I. Slurry Mixing Equipment The slurry mixing machine shall be a double shafted continuous flow mixing unit, capable of delivering accurate predeterminedproportions 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 gale for positive discharge operations. Discharge from Clio pugmill shall be controlled by a chute or other suitable mechanical device. The mixing machine shall be equipped with suitable means of accurately metering cacti individual material being fod into the mixer. The mixing unit shall be equipped with a metering system to accurately inter 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 withatemperature indicating device installed in the enmisiou tank atthe emulsion pump suction lice level. The aggregate shall be pre-wcitc(linvvediatefy prior to mixing with the enxilsion. 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 pi edetermined proportion of mineral filler into the mixer as the aggregate is fe<I 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 (luring any one period estiimted. 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 0.0.55 gallons per square yard (0.25 Vnrz), immediately ahead of the spreading equipment. The machine shall be capable of mixing materials at preset proportions regardless of the speed of the machinc 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 ail([ 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 thematerialsotdpulatanytime. Yield estimates with supporting documentation from the meterhngdevlces 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 Engincet's representative prior to construction. The documentation shall be provided, which includes an individual calibration of each material at various settings, which call 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 maybe accepted provide(i they were made (luring tine current calendar year. The documentation shall include an individual calibration of each material of various sottings which can be related to the machine metering <Ievice(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 au<I 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 matte. Upon failure of any of the tests, additional test strips, at no cost to the Owner, will be icquired 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 afier application. Proiecl Specifications - Page W ol'28 REVISION OP' SECTION 409 ASPHALT SLURRY SEAL When the test sections (lo not conform to the specification requirements, the slurry seal shall be removed at the Contractor's expense. No compensation will be made for re -application or additional test sections required due to unsatisfactory work or material. Initiation of work on the project sweets 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 nreclumica I type squeegee distributor, having a rubber -like material in contact with the surface to prevent unwanted egress of slurry, it shall prevent loss of shiny o❑varyinggrades and crown byadjustments to assure uniforntspread. Anappropriatemecbaniealdevice for lateral distribution ofthe slwry shal(bc operated within the sprea(Icr box. There shall beSsteering (levice,a flexible strike -off, and a burlap or other approved drag. Tile spreader box shall be equipped with pa(iclles or Sugars to agitate and spread (he materials throughout the box, It sliall be capable of producing a uniform surface its full width. A front seal shall be provided to ensure )to loss of the mixture at the road contact point. The rear seal shall act as final strike off and shalt 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 spreadsjoin shall be neat appearing, uniform, and lapped no more than six (6) inches. All excess material shall be removed from thejob 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 am[ 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 Cont,ols" an<I Section 02000 "Revision ofSection 105; Maintenance During Construction". 7, Auxiliary Equipment (land squeegees, $]levels and all otlicr equipment necessary to perform the work shall be provided by the Contractor at no additional cost to the Owner. Subsection 409.06 shall be revised as follows: PREPARATION OF THE SURFACE Immediately prior to application of the slurry, the Contactor steal l be responsi ble 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 fo use. 'Pile 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 Engineershall give final approval that thesurface 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 i❑ 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 (lusty 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 an<I 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 Proiecl Specifications - Page 11 of 28 REVISION Or SECTION 409 ASPFIALT SLURRY SEAL gallons of the diluted emulsion per square yard Of surface (0.23 to 0.70 liters per square meter). The Engineer will have final authority to determine if tack coat is required and the rato at which it shall be applied. The Owner will be performing concrete repair, patching, and crack sealing on the streets prior to the application Of the slurry seal. Subsection 409.07 shall be revised as follows: APPLICATION The amount ofasphall 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 $hall 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, thole 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 enttlision to spreading shall be two minutes or less. The weight of dry aggregate applied per unit area shall be 18lbs/sy. The lest sections shall beplaced using the same equipment and methods to be used on the,iob. Slurry mi shires placed in test strips shall conform to design mix with minor variations to obtain crack filling, bond to pavement, and desired skid resistance texture. Indic event the materials do not meet the requirements for fluidity, non -segregation, of surface texture, a law job mix shall be formulated and tested. Work shall not proceed before approval of a design mix and acceptance following the placing ofa lost strip. Application of the Slurry Surfaces General The surface shall be togged with water directly preceding the spreader if required by local conditions as directed by the Engineer. No fee 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 ofpavcment surface. Thesluny mixtures shall be ofthe desired consistency as it leaves the mixer, and no additional elements shall be added. A sufficient amount ofslwry shall be carried in all parts of the spreader at all times so that complete coverage is obtained. Nolun)ping,balling,oiutumixeclaggregates Shall be permitted. No segregation of the emulsion and aggregate fines from the coarse aggregate will be perinitted. If the coarse aggregate settles to the bottom of the mix, the slurry will be removed fi'on) 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 bt minimized. The speed may be reduced by the Engineer, if rippling of the surface occurs. At any time that segregation, texture, riipling 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 -clown 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. Proiccl Specifications - Page 12 o1'28 REVISION OR SECTION 409 ASPHALT SLURRY SEAL 2. Joints The longitudinal joint between adjacent lanes shall have no visible lap, pinholes, or uncovered areas. Build-up or unsightly appearance shall be not be permitted on longitudinal or transversejoints. The use of burlap drags of other type drags shall be at the direction of the Engineer. Thick spots cause([ by overlapping shall be smoothed immediately with the hand squeegees before the emulsion breaks. Longitudinal joints sliall 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 surfaceproperly scaled and accepted by the Engineer. Buildingpapershallbeusedat h,ansverse joints to minimize or eliminate overlap. When drags arc used, they must be kept clean and free of build-up. Joints shall be straight and have a neat appearance. 3. Hand Work Approved hand squeegees with burlap drags shall be used to spread slurry in areas not accessible to the slurry mixer. Care shall be exercised as to the specified application rate and workmanship, as to leave no unsightly appearance from hand work.. 4. Mix Stability 'fhe inixtuic shall possess sufficient stability so that premature breaking of the material in the spreader box does not occur. 'I lie mixture shall be homogeneous during and following mixing and spreading, it shall be free of excess water or emulsion and fee of segregation of the emulsion and aggregate fines from the coarser aggregate. Spraying of additional watoi into the spreader box will not he permitted. S. Lines Care shall be taken to ensure s6'aight 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. G. Curing Slurry treated areas shall be allowed to cure until such f imc as the Engineer permits their opening to traffic. The slurry seal mixture shall be proportioned to permit traffic on the newly sealed surface within Ito 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 place(] on parking lots, alleys, cut -de -sacs or low traffic volume areas, as determined by the Engineer,shall be rolled with a pneumatic tine rollerwith a minimum weight of four(4) tons. Roll ing shall stall when the slurry seal has sot 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 frrolling will not bemeasured orpaid 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 thenewly placed bituminous material until, ill the opinion of the Engineer, the bituminous material has sufficiently set and bonded to prevent damage by vehicularbaffic. At which are subject town increased rate of sharp turning vehicles may require additional tinne to al low for a 111e1e complete cure of the slurry sea l mat to prevent damage. Streetelosuresshallbeopened as soon as the material has sufficiently set and bonded. Prgicel Specifications— Page 13 of28 REVISION OR SECTION 409 ASPHALTSLURRY SEAL 9. Manholes and Valves Manholes and valves on sweets to be slurry sealed shall be clean when the work is completed. They shall be covered in a suitable manner prior to scaling, and the covering shall be removed immediately after the street is sealed. 'Pile Contractor shaI I submit the method for protecting manholes and valves to the Engineer for approval at least two weeks prior to commencement of work. After sealing, the Contractor shall verify accessibility to manholes and valves to the satisfaction of the Engineer at the end of each day. Manholes and valves shall be marked by the Contractor prior to placing the slurry to insure each one is located and can be found after slurry sealing. 10. Stockpiles and Equipment Storage The Contractor is solely responsible for finding and using suitable stockpile locations. The Owner shall be allowed access to the stockpile locations at all times. No portion of the right of way may be used forstorage of materials m-equipment. Materials shall bestored in an area to prevent watersaluration and contamination of stockpiled aggregates. On -site emulsion tanks shall be empty and cleaned of all residual asphalt prior to delivery of the first load ofappioved enmision. Written authorization to use private property to store equipment and materials shall be obtained from the property owner and submitted prior to mobilization and use. 'Pile Contractor shall also submit a letter of indemnification to the Owner and the property owner. It. Cleanup All material swept or blown onto sidewalks, all hash, all discarded slurry seal material, or other refuseshall be collected on a daily basis, removed from the site, and disposed of to a site approved by the f ngineer. All applied slurry surfaces shall be swept by an approved sweeper to remove any excess raveled material which becomes dislodged from the sweet surface after five (5) (lays. Dislodged material from the street shall be disposed of to a site approved by the Engineer. [ ayment for sweeping shall be paid for separately as described in Section 02000 "Revision of Section 105; Maintenance During Conshuction". Excessive raveling, as determined by the Engineer, shall be swept by the Contractor at no additional cost to the Owner. QUALITY CONTROL The Engineer may use the recorders and measuring facilities of the units) to determine application rates, asphaltemulsion content, mineral filler and additive. Yield estimates with supporntingdocumentation from the metering devices and material delivery tickets will be provided by the Contractor on a daily basis. 1. Materials The Contractor will supply the Engineer with samples of the aggregate and asphalt emulsion used in the project at the Engineer's discretion. Gradation and sand equivalent tests may be run on the aggregate and (residual asphalt) content tests on the emulsion. Test results will be compared to specifications. The Owacmust noti fy the Contractor immediately if any test fails to meet the specifications. 2. Slurry Soil Samples oftlre material may be taken directly from the mixing unit(s). Consistcucyandresidualasphaltcoutenl tests may be made on the samples and compared to the specifications. Costs will be computed in accordance with Section 01400 "Quality Control". 'file Owner must notify the Contractor immediately if airy tort fails to meet specifications. The calibration of the slurry mixing unit will be periodically checked as discussed under "Equipment; Calibration". Project Spcci ficnlions - Pabc 14 of 2S REVISION OF SECTION 409 ASPHALT SLURRY SEAL 3. Noncompliance Frequency of testing will beat the direction of the Engineer. Noncompliance of materials shalt be basis for rejection. It is the responsibility of the Contractor, at his own expense, to prove to the Engineer that the conditions have been corrected before work may continue. See Section 01400 "Quality Control". METHOD OF MEASUREMENT Subsection 409.09 shall be revised as follows: Slurry seal will be measured and paid for by the square yard of street surface properly scaled anti 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 matte for materials delivered without proper notification. Proportions of the material components to be used will beset by the Engineer, as well as the spread rate. These will be defined in the project mix design. Application rates will beset to match the approved mix design. if the yield is determined to be ill excess of the maximum application rates, or below the mininmm 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. BASIS OF PAYMENT Subsection 409.10 shall be revised as follows: The accepted quantities of slurry seal will be paid for at the contract prices per square yard of street surface properly scaled 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. 10*1 Specifications— Page 15 ol'28 REVISION OF SECTION 409 ASPHALTSLURRY SEAL Payment will be made under: Pay item Unit 409.01 Type 11 Slury Seal - All Stiect Locations Square Yard 409.02 Type 11 Slurry Seal - Parking Lots Square Yard Noloet Specificalions - Page I G of 28 REVISION OF SECTION 409 CAPESEAL - 1110 ALTERNATE Aggregate: The cover coat shall be washed, hard, durable, clean rock and free from coatings or deleterious material. AI I of the aggregate shall be crushed gray granite with 100% fractured faces. The aggregate shall have maxi mum loss of 20% when tested with the LA Abrasion procedure as defined by AASI [TO T96 using grade C or D. Only one type of aggregate shall be used and shall conform to the following gradation: Sieve Size .. ..--y' Chip 5JV --.too —100 100 __.__ 90-100 m- 4 No.4 _ No. . U_3 _.---..._ No.200 0-2.5 Material Application Rates: Material 'W, Ca eseal _ CRS-2PChipseal .26-.32Ga1/SY Cover Coat Aggregate 20 lbs/SY Minimum Slurry Mix 13 Ibs/SY Minimum--- CONSTRUCTION REQUIREMENTS Equipment: The size and condition of all equipment shall be approved prior to construction. Should equipment be unsatisfactory for whatever cause, the Contractor shall remove and replace the equipment without delay or cost. 'file equipment shall conform to the following minimum requirements. Bit nninous Distributor: A minimum of two like tlisu'ibutors shall be used on this project.'rhe distributors shall be self - powered and capable of providing a uniform application rate of emulsion varying from.05-1.00 gallons per square yard over a variable width up to twenty feet in a single pass. The uniformity of tlue distributors shall not vary by more the two - hundredths gallons per square yard. The distributors shall be equipped with a variable power unit for the pump and full circulation spray bars, which are adjustable laterally and vertically. The nozzle angle all([ bar height shall be set to provide one hundred percent of double coverage in a single pass. Where multiple passes will be required to complete the fill width, the four inches adjacent to the secaxl pass may be left with fifty percent coverage so that tluc next pass will complete the full application rate specified. Distributors sliall be self -powered and include a computerized application controls, a tachometer, pressure gauges, accurate volume devices, calibrated tank, and a thermometer for measuring temperatures of the emulsion in the tank. Aggregate Spreader: "Clio aggregate spreader shall be self-propelled and supported by at least four tires on two axles capable of providing a uniform application rate of aggregate from five to fitly pounds per square yard over a variable widdl up to twenty feet in a single pass. The uniformity of this machine shall not vary by more than one pound per square yard. "['he aggregate spreader shall be equipped with the means of applying the cover coat material to the surface with computerized application controls so that the required amount of material will be deposited uniformly over the full width of the bituminous material, A computer rate controlled aggregate spreader shall be required. Rollers: A minimum of two sel f-propelled pneurnatic tired rollers shall be used on Clio project unless otherwise requested by the Engineer. The rubber tired rollers shall have a gross load adjustable to apply 200 - 250 pounds per inch of rolling width. Tire pressure shall be specified fertile pneumatic tine rollers and shall not vary more than plus or minus 5.0 psi. The smooth drum roller shall be a single drum Toiler with a loaded rate of five tons Depending on the speed of the Chipseal operation and the width of coverage, additional (rollers may be required. At no time shall the rollers travel moe than ten miles per luour. Prajecl Specn!calions - Page HUM UM REVISION OF SECTION 409 CAPESEAL— BID AurERNA'T E Sweepers: A minimum of two vacuum designed sweepers having only negative air pressure at the road surface capable of removing excess aggregate and debris material shall be used on this project. The body hoppers of the vacuum sweepers shall be a minimum capacity of ten cubic yards, and the negative air pressure at the i ntake shal I belated at forty six inches of negative water pressure. Sweepers shall meet applicable U.S. Environmental Protection Agency Standards. No mechanical pick-up brooms will be allowed on the project. Surface Preparation: Tile Contractor shall be responsible for all measures required providing a thoroughly clean and dry pavement surface including vegetation removal, and sweeping prior to the chipseai application.l'he Contractor shal I observe the condition of the pavement prior to bidding to determine the work necessary to provide a clean, dry pavement for construction and shall include the work necessary in the bid. Application of Bituninous Material (Chipscal): The application of the emulsion shall be performed by means of a pressure distributor in a manner to achieve a uniform and continuous spread over the asphalt surface. The temper ahne of the emulsion shall be a minimum of 160 P, 'file quantity ofemulsion per squareyard shall be as specified herein and agreed upon with the Engineer. The distributor shall be moving forward at proper application aped at the time the spray bar is opened. If at any time a nozzle becomes Clogged or not spraying a proper pattern, the operation shall be immediately halted until repairs are made. Repairs shall be made immediately after deficiencies are noted and prior to the aggregate spreader at all times during construction.'file width of the spread shall be no greater than the width of the aggregate spreader except where additional passes are required the emulsion shall be four inches beyond the aggregate spread at fifty percentapplication rate. At no time shall the emulsion be allowed to break, chill, setup, harden, or otherwise impair the aggregate retention before the aggregate has been properly applied and rolled. Application of Cover Coat Aggregate (Chipscal): Tho aggregate shall be applied immediately following the emulsion application by the approved aggregate spreader.'fhe quantity of co vei coat aggregate per square yard shall be speci fied herein and agreed upon with the Engineer. The Contractor, prior to start of work, shall calibrate the aggregate spreader to achieve the design application rate of the corer coat aggregate. Spreading shall be accomplished in such a manner that the tires of the trucks and aggregate spreader never contact the newly applied bituminous material. The width of the aggregate spreader shall be equal to (lie width of the emulsion spread, except where additional passes arc required. Areas, which are deficient in aggregate, shall be covered immediately with additional material. Rolling (Chipseal): Initial rolling shall begin immediately after the application of cover coat aggregate. Rollers shall work in tandem and complete a minimum of three passes with a sufficient overlap. Should the rolling operation be delayed, the aggregate and emulsion spreading shall be halted until the operation regains proper sequencing and timing. 'file maximum speed of the rolling operations shall be ten miles per hour. Sweeping (C hipseal): Within 24 hours of the Slurry application, excess aggregate shall be swept and removed from the roadway and adjacent areas with specified herein sweepers. Application of Material (Slurry): Within 48 hours of the chipseal application the slurry course will be applied. The surface shall be fogged with water directly preceding the spreader. The slurry mixtures shall be of the desired consistency, based on the submitted mix design, as it leaves the mixer with additional approved additive if required. A .sufficient amount of slurry shall be carried in all parts of the spreaderat all times so that complete coverage is obtained. No tamping, balling, or unmixed aggregates steal l be permitted. No segregation of the cnnulsion and aggregate fines from the coarse aggregate will be permitted. No excessive breaking of the emulsion will be allowed in the spreader box. Rippl ing of the finished pavement is undesirable and steal I be minimized. No excessive build-up or unsightly appearance shall be pel7nitted on longitudinal or h'ansvorse joints. The use of bwiap drags or other type dregs shall be used so that joints will be straight and have a neat appearance. Squeegees shall be used to spread slurry in areas not accessible to the slurry mixer. Care shall be exercised as the leave a good appearance. Care shall be taken to insure straight lines along curbs, shoulders and joints. Lines at intersections will be kept straight to provide a good appearance. Project Specifications - Page 19 or28 REVISION OF SECTION 409 CAPESEAL — BID ALTERNATE Slurry heated areas shall be allowed to cure until such time as traffic will not damage the finished product. Contractor will be responsible for monitoring roadways treated to unsure sufficient cure time is allowed before al lowing traffic over the treated areas. Manholes, Valves, and Inlets: Manholes, valve boxes, and inlets shall be covered and 01 protected with inn approved material during the operation and shall be removed immediately after the street has been capesealed. The Contractor is responsible for locating all exposed manholes, valve boxes and prior to construction. Weather Limitations: No construction shall take place when either the air or pavement surface tennperature falls below fifty degrees or when the pavement is moist, or when the weather is 01 may be detrimental, Detrimental weather is defined as rain showers, cool temperatures, moist pavements, threat of rain showers, or other factors which could affect the performance of the Capeseal Construction. Traffic Coatiol: Traffic Control shall be as described in Revision of Section 630, Traffic Control Devices, contained herein. Temporary Raised Pavement Markers will he installed as needed, at a minimum of 40' spacing. The cost of signage, markets, and h'affic control necessary to complete this project sha I I be included in the unit price of the capeseal. METHOD OR MEASUREMENT Capeseal will be measured by the square yard of street surface property sealed and accepted by the Engineer. This payment will be full compensation for preparing street surfaces, furnishing all labor, material, tools, equipment, incidentals and for all the work involved in placing the capeseal, including rolling and sweeping. Any additional additives used by the Contractor must be approved by the Engineer. No separate payment for additional additives will be made unless approved prior to use by the Engineer. Responsibility for ensuring proper spread rates and material proportions is solely the Contractor's. BASIS OF PAYMENT The accepted quantities of Capeseal will be paid for at the contract unit price per square yard of street surface properly soiled and accepted by the Engineer. Payment shall include all equipment, labor, materials, overhead, incidentals, and mobilization required to complete the work as described in the specifications. Payment will be made under: Pay (tern Unit 409.03 Capeseal SY Project Specificalmis — Page 20 ol'28 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAF FIC CONTROL Section 630 of file Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 630.01 shall be revised as follows: This work shall consist of furnishing, installing, moving maintaining and removing temporary traffic signs, advance warning arrows panels, barricades, chamtelizing devices, and dclineators as roquhod by the latest revision of the "Manual on Unifornm'Craffic Control Devices for Streets and Highways" (MUTCD), the City of Tort Collins •Work Area Traffic Control I-landbook", and the Latimer County Urban Area Street Standards. hi the event of a conflict between the MU'FCD criteria and the City's criteria, the City's criteria sliall govern. When a device is not in use, the Contractor shall remove it from the project for time period it is not needed. Devices temporarily not in use shall, as a minimum, be removed from the area. Moving will include devices remmoved frothe 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 ono given time per day. Larimer County shall pay for Construction Lone Traffic Control lump sum. Traffic control devices shall be placed and/or stored in the light -of -way in such a manner that minimizes the hazards to pedesbians, bicyclists and vehicles. 'IYaffic control devices shall be removed front the site immediately upon completion of the wait for any street($). MATERIALS Subsection 630.02 shall include the following: All traffic control devices placed for this project most meet or exceed the minimum standards set forth in the MUTCD. All traffic control devices shall beclesn 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 of 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, ctc.) 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 beveling in the opposite direction and other potentially affected parties, such as I esidents affected by any information the sign may present. CONSTRUCTION REQUIREMENTS Subsection 630.0 shall be revised as follows: TRAFFIC CONTROL PLAN Traffic control through the construction areas is the responsibility, of the Contractor. For all locations,aTtaffic Control Plan sliall be prepared. Tho Traffic Contol Plans fertile City of Tort Collins shall been City supplied forms. The "Traffic Control Plans shall be submitted for approval to the Emmgincer by 8:00 a.m., two working clays prior to the commencenment of work. (Note: Traffic Control Plans for work clone on Monclay and Tuesday shall be subnmitted tho previous Friday by 8:00 a.m.) Pull road closure phans shall be ProjectSpecifications- P,icc 21 of28 REVISION OR SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL submitted no later than Friday mornings by 8:00 a.m. for projects starting the following week. All plans shall be delivered to City Engineering, 281 North College Avenue. Facsimiles of plans shall not be allowed. No phase of the consti t ction shall start until the Traffe 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 conhaet 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, ass minimum, the following: (1) A detailed diagram which shows the location ofall sign placements, including advance construction Signs (if notpreviously 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 thedetailed diagram including, but not limited to: construction signs; vertical panel; vertical panel with light; Type 1, Type 11, and Type III barricades; cones; drum channelizing devices; advance Miming flashing or sequencing arrow panel. Certain traffic control devices may be used for more than one operation or phase. However, all devices requirod 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 ofthe proposed method of handling traffic is intended to indieatethose 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 Col [ills steal I be submitted and approved which show the location and quantity of "NO PARKING" signs, the (late 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 (lays prior to the commencement of work. (Note: Parking Restriction Plans for work done Oil 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 Conuactor's forfeittn'e of payment for all work and materials at that location, with no adjustment in the contract time. The cost for lireparing and submitting the haffle control plan shall be include([ in the contract unit price for"faffic Control Supervisor. Subsection 630.[0 shall be revised as follows TRAFFIC CONTROL. MANAGEMENT' Traffic Control Management shall be pet rotmed by a Tlafiic Control Supervisor (TCS). The TCS(s) shall possess a current American T raffic 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 T'CS utilized on this project.) Project SImilications-Page22of28 REVISION OR SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL One'1'CSshallbeclesignateclaslhe Head'I'CS. The Head TCS shall have a mininnun of one year oxporience as a cerlific(I TCS. Qualifications shrill be submitted to the Engineer for approval a miniunan ofonc week prior to commencement of the work. The Head T'CS shall be on site at all times dining 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'rCS 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. 'ncc cost of this phone shall be incidental to the day or hour pay unit for TCS. It is the intent of the specifications that the Head TCS be the same throughout the project. Ifthe 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 Bead TCS will be paid for under the TCS item. The T'CS's duties shall include, but not be limited to: (1) Preparing, revising and submitting Traffic Control Plans is required. (Review lees 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 supptieia. (4) Coordinating projectactivities with appropriate police and Clio control agencies,'flansfort, school districts and other affected agencies and parties prior to construction. Typed hand delivered notification to all businesses and residents at least 24 horns prior to construction. (ThenotiGeationof residents and businesses may be accoinplished by a represcntative of the T'CSJ (5) Maintaining a project traffic control dia[7Y which shall become part of the Owneis's project records. (6) Inspecting traffic control devices on every calendar day for the duration of the project. (7) insuring that h•aftic control cleviccs are functioning as required. M Overseeing all requirements covered by the plmrs and specifications which contribute to the convenience, safety and orderly movement of traffic. (9) Flagging. (10) Setting up baffic control devices. Notification of residents and businesses shall be the responsibility of the'PCS and shall consist oftlistributing letters indicating the nature of the work to be completed, any special illsu'uctions to the residents (i. e. limits on lawn watering during concrete pouring, etc.), the dates and times of the work, mid the parking and access restrictions that will apply, es 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 Tra f6c Control Plans for approval. Approved letters steal! 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 PAR KING" signs.) The cost for preparing and distributing the letters Project Specifloat ions - Page 23 of 29 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL shall be included in the cost for'1'CS. 'traffic control management shall be maintained on a 24 hour per day basis. The Contractor shall make arrangements so that the'1'raffic Control Supervisor or their approved tepresentative will be available on every working day, "Oil call" at all times and available upon the Engineer's icquest 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'rCS's will be paid only for days the Contractor works, and as directed by the Engineer. On weekends and other clays the Contractor is not working, the TCS will not be paid. Time spent maintaining signs op the weekends, holidays, bad weather days, and other days the Contractor does not work shall be included in the unit prices for the equipment. 'rime spent setting up equipment, modifying equipment, maintaining equipment, and picking tip equipment shall be included in the unit prices for the egnipment. All traffic control devices shall be placed under the supervision of a Traffic Control Supervisor. The'Traffc 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 sweet and highway construction, available at all tunes. METHOD OF MEASUREMENT Subsection 630.14 shall be revised as follows: Quantities to be measured for construction traffic control devices shall be the number of units of the various sizes and descriptions listed below: Construction Traffic Signs: Size A Signs - 0.01 to 9.00 Square Feet Size B Signs - 9.01 to 16.00 Square Feet "NO PARKING" Sign with Stand will be measured and paid for separately and not included in the item For Size A Signs. "NO PARKING" Sign with Stand shall consist ofa metal sign attached to a device (stand) such as a Vertical Panel or Type I Dail icade. 'the sign material and stand shall be approved by the Engineer. 'the sign material and stand will not be measured and paid for separately but shall be included in the Contract Unit Price for "NO PARKING" Sign with Stand. The cost for "NO PARKING" Sign with Stand shall include delivery, rental, setup, modification, maintenance, and pickup. "NO PARKING" signs must remain in place until the street is open to traffic The "NO PARKING" signs shall be in effect for one or two days only. 'Traffie clnannelizing devices consisting of vertical panel, cones, or Bruin channelizing devices will he 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 tine unit. The nwnber of'I'raffic Control Supervisors shall be approved by the Engineer Prior to each clays work. The quantity to be measured for Traffic Control Supervisor wi ll be the number of authorized clays performed by the Traffic Control Supervisor or his approved representative. An authorized day shall be any day, of portion ofa day, authorized by tine Engineer, that construction Operation would require a T,af e Control Supervisor. "On Call" anti project inspections on all other clays will not be measured and paid forsepatately but shall be included in the work. Projcet Speciricalions — Page 24 ot'28 REVISION OR SECTION 630 CONSTRUCTION ZONE TRAMC CONTROL The cost forsetting up e(uipment, modifying equipment, maintaining equipment, and picking up equipment (]lot 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 flours of flagging in excess of those authorized shall beat 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 horns will not be paid for under the terms of this contract unless authorized in writing by the Cngineer. 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. 'rile costs for advance warning "NO PARKING" signs forperiods in excess of24 hours prior to theadvancementofwork, including those instances whon said signs have been changed or otherwise updated to reflect cunent schedules, will not be paid for under the terns of this contract unless authorized by the Engineer in writing. In addition, the Owner shall deduct from compensation due the Contractor $10.00 for each traffic control device per clay for said conditions, including "NO PAR KING"signs and any signs which are not removed from the site immediately upon completion of the work. BASIS OF PAYMENT Subsection 630.15 shall be revised as follows: The cost for Traffic Control Devices, not including "NO PARKING" Sign with Stan([, 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. Thecos't for "NO PARKING" Sign with Stand shall include delivery, rental, setup, mollification, maintenance, and pickup. Payment shall be full compensation for Pornishing, 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 tlu'oughout the project. Upon completion of the work, the Specialty Signs shall be returned to the Contractor. Project SPccil aliens — Page 25 ol'28 REVISION OR SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL The accepted quantities for the city of lbrt Collins will be paid for at the contract unit price for each oflhe items listed below: pay Pay- Unit 630.01 "NO PARKING" Sign with Stand Per Day Per Each 630.02 Vertical Panel without Light Per Day Per Each 630.03 Channelizing Drum Without Light Per Day Per Each 630.04 Typc 1/I1 Barricade without Light Per Day Per Each 630.05 Type III Barricade without Light Per Day Pei Each 630.06 Size A Sign with Stand Per Day Per Each 630.07 Size B Sign with Stand Per Day Per Each 630.08 Size A Specialty Sign - Cost of Manufacturing Each 630.09 Size B Specialty Sign - Cost of Manufacturing Each 630.10 Cone witli Reflective Strip Per Day Per Each 630.11 Safety Fence Per Day Per Roll 630.12 Light Per Day Per Each 630.13 Advance Warning Flashing or Sequencing Arrow Panel - Per Day Per Each 630.14 Variable Message Boarcl Per Day Per Each 630.15 'Traffic Control Supervisor Per Day 030.16 Traffic Control Supervisor Per Hour 630.17 Flagging Per Each Per Hour Project Spocil ications - Page M of'28 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 REVISION OF SECTION 630 TRAFt<IC CONTROL DEVICES (Continued) flagger hand signs will not be measured and paid Tor separately, but shall be included in the work. The flaggers shall be provided with elech*onic communication devices when required. These devices will not be measured and paid for separately, but shall be included in the work. ']'Ile cost of batteries, electri city and/or fuel fa. all I ighting or warning devices will not be paid for separately but will be considered subsidiary to the item. Saud 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 clue to theft or vandalism. Projccl Specil ical ions — Pagc 27 of 28 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES (Continued) SPECIAL CONDITIONS FOR WORT( ON ARTERIALS AND COLLECTORS NOTE: CROSSSTREE'P'I'IZAFFICSHALLI3EMAW'I'AtNEDATALLTIMESUNLESSAUI'11ORIZEDBY`I'FIE ENGINEER IN WRITING. NOTE: FULL CLOSURES ON ARTERIALS AND COLLECTORS, INCLUDINGTHOSE LISTED ABOVE, WILL BE ALLOWED UNDER EXTREMF, CIRCUMSTANCES AND ONLY UPON APPROVAL OF THE ENGINEER, PLANS Sl-IALL BE APPROVED A MINIMUM OF ONE WEEK PRIOR 'PO THE COMMENCEMENTOF WORK AND/OR THE TIME REQUIRED TO ADEQUATELY NOTIFY'PFIE PUBLIC THROUGH THE MEDIA. SPECIAL CONDITIONS FOR WORK ON RESIDENTIAL STREETS NOTE: FULL CLOSURE'S ON ALL RESIDENTIAL, STREETS SHALL BE ALLOWED AS SFIOWN ON THE TRAFFIC CONTROL PLANS, Rojecl Spccifical ions — Page 28 of 28 SECTION 00530 NOTICE TO PROCEED Description of Work: 2008 Renewal, 6054 Asphalt Slurry Seal Project To: A-1 Chipseal Company This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within _ (_) calendar, days from receipt of this notice as required by the Agreement. Dated this -day of 20 The dates for Substantial Completion and Final Acceptance shall be _ 20_ and 20_, respectively. C ty of Port Col_1_i.ns OWNER By: Title: ACKNOWLEDGMENT 01" 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 GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GFNGRAI, CONDITIONS have Ixen dcvalopcd by using the STANDARD GLNLR.AL CONDI?IONS 01;'I'n" CONSTRUCTION (Y>NTRAC'P prepared 6y the 1?ngineem ,flint CcvLLracl Da:unl eft t5 Connniltee' McDC No. 1911Y4 (1990 Fdilion), ns a Imse. Changes to Ilia document are shown by underlining text that has Uecn ndded nncl striking through text that has been deleted. EJCDC CI NLM I, CONDITIONS 1910-8 (1990 EDITION) WITII CITY OF FORT' COLL,INS MODIFICATIONS (REV 9/99) INDEX TO GENERAL CONDI'PIONS City o(Port Collins modifications to [Ito General Conditions of the Cansuvetion Contract are not shown in this index Article. or Paragraph Number Acceptance of -- Bonds told Insurance. ,,,..... 5.14 ............................... defective Work.. ........ ........... ,...... 10.4,1, 13.5, 13.13 final payment.._._..... 0.12, 14.15 ............................. insurance... ....... _................ 5.14 other WUi I., by CONIRAC1.012.................. 7.3 Substitldes and "Or-L'quid" Item g_. _.............._ 6.7.1 Work by OWNER...._.._ ...... .-...........15, 6.30. 6,34 Access to the-- 1.9nds. OWNJiR 811ICONTRAC'7'01t responsibilities _..... _... _............. _............... 4.1 site, related Work ...................................... _...... 7.2 Work, ._............. I... ..... .............. Ci2, 13,14, 14.9 Acts or Omissions--, Acts and Omissions -- CONTRACTOR ...._ ............................. 6.9. 1, 9.13.3 E7VGIN):i13•R.......................................... (i.20, 9. 13.3 OWNER ....... .... 6.20, t;.9 Addenda -definition of (also see definition of Spccilicn(ions)_,..... (1.6, 1.10. (.19), 1.1 Additional Property LnsuranccS.............. ............. 5.7 Adjustments - Contract Price or Contact Times...... _................... 15, 3.5, 4.1, 4.3.2, 4.5.2, ............................. 4.5.3, 9 4, 9. S, I n,2- I OA, ............_...... _......._......... 17, 12, 14.8, 1.5.1 progress schedule. ......................................... ._. 6,6 Agreement-- dchnition of ................................................. "All -Risk" Insurance, policy Corm.................._........?.6.2 Allowances, Cash ....................... _........................... 11.8 Amending Contract 1:)ocumcnls... _.. _.. _... _....... _..... 3.5 Amendment, Written,, Ingeneral......... ,...... ),IQ, 1.45, 3.5, 5.10, 5,12, 6.6.2 . I... I .................... 0.2'2' 6,19, 10. 1, 10A, 1 L2 Appeal, OWNER ... or CUNT* ...RACTUI2...... C' )R 12.1, 13.12.2, 14.7.2 intent to .... ..................9, 10, 9.11, 10.4, 16.2, 16.5 Application tint.Payment-- defini"On of 1 ENGINEER'S Responsibility........... _.......... _... _..9.9 final lmynlcn(................. 9.13.4, 9.U.5, 14.12-14.15 in general __..... ........ ........ 2,5, 2.9, 5.6.4, 9.10, 15.5 progress paynent.......................................14.1-14.7 review of ,,..14,4-14.7 Arbitration ....................................._.... _....... 16.1-16.6 AsbL'swcs- ChIfins UNTRA0T0IZA thorizcd to stop W rt.......... 4.5.3 ' .............._... ark........_ 4.5.3 definition of._......_ ....... ..... _._.......... ................ A Articlew Paragraph Number 0WNf?12 responsibility fix ............................4,5, t, 5. W possible price and times change ....................... 4.52 Authorized Variations in Work...,,,__,3.6, 6.25, 6.27, 93 Availability of Lands. ........... ........ ................q.1, R.4 Award, Notice or-dnfineclned ..............._,L25 Before Starling Construclirnl ...... ,... ,..... 2.5.2.8 Bid --definition ol'-- ... ,,._,.,......... 1.5 ............. (l.l, 1.10, 2.3, 3.3, ......... .............4.26.4, 6.133, 11.4.3, 119.1) Bidding Documents --definition of .............................. 1.6 (6.82) Bidding Requirements--deGnitirnr of _......._...._......................._1.7(L 1, 42,6,2) ponds -- acceptance of,.,..,.__.__.........__ ...................... 5.14 additional bonds ..........................._..... 10.5, 11.4.59 Cost of the Work ..............................._........... 11.5.4 definition o(....._.....__......._.............._..........l.g deliver' of ........ ............. .................. _.......... 2A. 5.1 final Application for Payment..,. 14. 12�14,14 general ............................. ... ... 1.101 5.1-5.3, 5,11, ..... ... ................. ......._...... 9.1.1, 10.5, 14.T6 Performance, Payment and Other .................. .5. 1-5.2 Bonds and Insurance --in general.................................5 Builder's risk "all-I'isk" policy form....._..........._.....5,62 Cancellation Provisions, Insurance., __.5.4.11, 5.8, 5.1.5 Cash Allownnces Certificate of Substmnial C'anplation ,.. ...._..11.R ........ .38, 630.23, ...........__...._..... _...................... 14.8, 14.10 Certificates ofinspection... ................ 9.13A, 13.5, 14.12 Ccrtificeles of Llsurance............. 2.7, 5.3, 5.4. 11, 5.4. 13, ..... _................5.6.5, .5.9, S.14, 9.13.4, 14.12 (lhmrge in Contract Pricc-- Cash Allowances ..................._..................._.... 1 LJ claim for price adiusuuent....... ....4.1, 4.2.6, 4.5, .5.15, 6,g.2, 9.4 .1........ ....1,... 9.5, 9.11, 10.2, 10.5, 11.2, 13.9, .._................... 13,13, 13.14, 14.7, 15.1, 1,5.i CONIRACTOR's fee..........................................11.6 Cost of (he Work general ....... ............. _....... _. 11 A-11.7 Exclusions tro,,... ............................................I _..... 1.5 Cost Racords,,,,..,,,.. ............................. ... . 11.7 in general ............. 1.19, 1.44, 9.11, 70.4.2, 10.4.3, 11 Lump Sum I§icing_....................... ......._........ 11.3.2 Notification of Surety........... 10.5 Scope of .............. .................................. .... 10 3-10A 'Resting Ind Inspection, Uncovering the Work ........ .................. ........ 13.9 t:'J¢UCGnN IRA6COND11'IONS 1910-8(199013D1110C) w/ CITY OF IUR'I' GOt.I-INS NOUIPICA'1'10NS (IniV 9/99) 36 Ii1CDC GLNiil6ni. CONDI'17ONS 191os 0990GAiliap uJ CITY OF PORT COLIANS MOUII9C:\7'IONS (RTV AR000) REVISION Ole SECTION 409 CAPESEAL—BID ALTERNATE DESCRIPTION The Contractor shall furnish all labor, equipment, material, supplies, signage, traffic control, and other incidentals necessary to provide an application of polymerized chipseal followed by a polymerized slung seat to an existing roadway surface. This two step process is called Capeseal. The slurry seal shall meet the requirements of Revision of Section 409, Asphalt Slurry Seal, contained herein. MATERIALS Entnlsified Polymerized Asphalt Material (Chipseal): Polymerized cationic rapid set emulsified asphalt (CRS-2P) shall be an emulsified blend of polymerized asphalt, water, emulsifiers, and polymer. 'I -he asphalt cement shall be polymer modified prior to emulsification and shall contain a minimum of 3% styrene-butadien-styrene (SBS) block copolymer by weight of asphalt cement. The emulsion, standing undisturbed for a minimum of24 howl, shall show no milky white separation, but shall be smooth and homogeneous throughout. The emulsion shall be pumpable anti suitable for application through a distributo, truck. The CRS-2P shall conform to the following specifications. Test on Enudsion Minimum Maximum'rest Method Min Max 'rest Method Iscosity,.Say bolt F'urol, 122 Fs 80 400 ASTM U88 Storage Stability_ Test, 24-h,%(a) ( ASTM D244 Dclmdsibility, 36 ML, 0.8%dioctyl sodium Sulfosuccinate, % 40 ASTM D244 Particle Char se I b."..,_, est � Positive _ -" AS D244 Sieve'Test, %(a) 0.1 ASTM D244 Distillation: — __.. ASTM D244 -2LjI Distillate, by Volume of Emulsion, '% 3 ASTM U244 Residue, % 73 ST AM D244-^ esidue Min Max 'rest Method n, 77 F_ 100g,5s 70 150 ASTM D5 77 l'', 5 cm/min,cm75 LDucillity, ASTM D113 , 39,2 P, 5 cm/min,cm 25 ASTM D113 in Trichloioethylene, % 97.5ASTM D2042 s, in -lb --.__ , in-Ib __._ 90 60 _.-._ ASTM D5801 __.._...__ ASTM D5801 Elastic Recover, 77 P, lOcm,lln,% 80 1 ASTM D5976 a) This test requirement on representative samples is waived if successful application of the material has been achieved in the field- b) Residue by evaporation at 325 P shall be the reference method to obtain material for tests on residue. Residue fi'om distillation shall not be used for tests on residue clue to polymer degradation at 500 F. A one -quart sample of the final emulsion shall be submitted upon request. The source of the base asphalt, polymer, additives, and supplier shall be stated on the sample and shall not change (luring the course of construction The starry seal shall meet the requirements of Revision of Section 409, Asphalt Slurry Seal, contained herein. Pfojccl Spccificetions— Patic 17 ol'2S SECTION 00610 PERFORMANCE BOND Bond NO.929450209 KNOW ALL MEN BY THESE PRESENTS: that A-1 Ch.ipsea.l. Company 1935 Snow owl Drive Broomfield, CO 80020 (-an--Ittdrvidu-x-.), (a-Pe�°�»cwry,}ri7p), (a Corporation), hereinafter referred the ""Principal" and to as (Firm) Western Surety Company (Address)10375 Park Meadows Dr., Littleton, CO 80123 .hereinafter referred to as "the Surety", are held and firmly bound unto Cites__ of: Port; Collins, 300 Laporte Ave, Fort Collins �- --_—...___..__...—..,_._. Colorado 80522 a (Munici.pa.l Corporation) hereinafter referred to as the "OWNER", in��the _ sum of penal Three Hundred Tw..enty_F'our ThouGand Twelve Dollars AND * in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 2nd day of April a copy of. which is hereto attached and made a part. hereof for the 200$., of The City of tort Collins project, 2008 Renewal,6051 Asphalt S.lur.rymSeal nce Project. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, Covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of, the guaranty period, and if the principal shall satisfy all. claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may :i.ncur. .i.n making good any default then this obligation shall be void; Otherwise to remain in full force and effect. *84/100 ($324,012.84) 7/96 Soction 0061.0 page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terns of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed i.n three (3) counterparts, each one of which shall be deemed an original, this8th day of April 2008. IN SENCC OF: Principal A-1 Chipsea Company UarlielarYxmala,Se rY Don Vagher,Presid IN R Muel-ler. Witness, _ (Surety seal) (Title) 1935 Snowy 9wl.Dr., Broomfield, CO 80020 (Address) Other Partners By: Surety Western Su r.ess) y Company � ad, Attorney- s Dr., Little NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 MOODY INSURANCE AGENCY, INC. 3773 CHERRY CREEK NORTH DRIVE, SUITE 800 DENVER, COLORADO 80209,3804 PHONE: (303) 824-6600 Section 0061.0 Page 2 SECTION 00615 PAYMENT BOND (fond No. 929450209 KNOW ALL MEN BY THESE PRESENTS: that A-1 Chipseal Company 1935 Snow Owl Drive Broomfield, CO 80020 (a Corporation) , hereinafter referred to as the "Principal" and (Firm)Western Surety Company (Address) 10375 Park Meadows Dr., Littleton, CO 80123 hereinafter referred to as "the Surety", are held and firmly bound unto the C.i.ty of Fort Col.Li.ns,_ 300 Laporte Ave., Fort Co11.i.ns Colorado IIO!i22 e ._._.__ (Muni.cipal Corporation) hereinafter referred to the OWNER", in the sum of penal. Th urifor-�'wenty Four _'Thousand Twelve Dollars_ * in lawful money of the United States, for. the payment of which sum well and L'ruly to be made, we bind ourselves, successors and assigns, jointly and presents. several..l.y, firmly by these THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the2nd day of April 20pg, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 2008 Renewal,6054 Asphalt Slurry Seal Project, NOW, THEREFORE, if the Principal shall make payment: to al.1 persons, firms, subcontractors, and corporations furnishing materials for or performing labor. in the prosecution of the work Provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, Lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of insurance premiums on said Work, such Work, and alland for all labor, performed in such Work whether by subcontractor or otherwise, then this obl.i.gatiort otherwise to remain in full. force and effect. shall be void; *AND 84/100 ($324,012.84) 7/96 Section 00615 1)age 1 PROVIDED, FURTHER, that the said Surety, for and value received, hereby stipulates agrees that no change, extension of time, of the alteration or addition to the terms Agreement or to the Work to Specifications be performed thereunder or the accompanying the same shall in this bond; and it does hereby any way affect its obligation on waive notice time, alteration or addition of; any such change, extension of to the terms of to the Specifications. the Agreement or to the Work or PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right- of any beneficiary hereunder, whose claim be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be, authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHPRIsOF, this instrument .is executed .in three (3) counterparts, each one of which shall be deemed an original, this 8thday of Aril , 2008. IN P SENCE OF: Principal A-1, Chi.pseal Company DaMlelGWmala, SehNetery fan Vapher, President {TiC1e) f 1935.Snowy Owl D,r B roomtie,id, CO A Q rCoxpcirat:e Seal) (Address) tit-,PRf,SfNCL;.OF:. Other Partners t IN PRESiNCE -(YC r Surety Western Sure yi Company ren A. egg d, Attorney In -Pact _C R_ Mueller Witness 4-- 10375.-Park Meadows Dr. -..-- (Address) ,-_hittleton� GO SO17.3 (Surety Seal) (Ad NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 MOODY INSURANCr AGENCY, INC. 3773 CHERRY CREEK NORTH DRIVE, ,SUITE 000 DENVER, COLORADO 8020M804 PHONE: (303) 824-6600 Scct:ion 00615 Page 2 CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00300 Bid Form 00300-1 - 00300-3 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release(Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS 7/96 Section 00300 Page 1 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having ila principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and scat herein affixed hereby make, constitute and appoint Evan E Moody, D N Broyles, Vera T Kalba, Karen A Feggestad, Daniel S Finholm, Individually of Denver, CO, its true and lawful Atlomey(s)-in-tact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to die same extent As if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and continued. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly Adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this I Iih day of December, 2007. �pEr WESTERN SURETY COMPANY �ti"/opeongr s*: _�S\S�AyJp s o/ Paul . Bmflat, Senior Vice President State of South Dakota 1 County of Minnehaha I ss On this I Ith day of December, 2007, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux palls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and Which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority give], by the Board of Directors of said corporation and that he signed his name thereto pursuant to like null o ny, and acknowledges same lu be the act and (Iced of said corporation. My commission expires fYNNNYYYYYhYNYYYYNYNN.Y + r D. KRELL i November 30, 2012 �"� SOUTH PUBLIC SFAS i 9BAL SOUTH DAKOTA(Rr r [•4NNNYNNYNNNNNYNNhNNNhhh� CGR'fIRICA'fh; U. Krell, No ry Public 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that die Power of Attorney hereinabove set forth is still in force, and further certify that the Byd.a>y,of the corporation printed on the reverse hereof is still in force. fit testimony whereof I have hereunto subscribed my name and Affixed, the seal ofihe sai{7 cogporauoh'Shie)_ 8th day of April 2008 L. . ;asoa[r Wi4p104 414-N 1. 14 �r Form 174280.09-06 WESTERN SURETY COMPANY L. Nelso, . Assistant Secretary SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall :insert his own standard form for Certificate of Insurance. 7/36 Section 00630 Page 1 NAT(1H IYS 'CORD,,, CERTIFICATE OF LIABILITY INSURANCE DnTnn^Ino0rclYYl l HRH of Colorado 720 South Colorado Boulevard Suite SOON Denver, CO 80246 A-1 Chipseal Company 1035 Snowy Owl Drive Broomfield, CO 80020 Cl)1/FR4lOFe ONLY AND CONFERS NO INSURERS AFFORDING COVERAGE INSURER 2M NAIC tt THE POLICIES OF INSURANCE LISTED BELOW IIAVF BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICAI ED, NOTW I'FISTANDING ANY REOWREMEN'r, TERM OR CONDI'nON OF ANY CONTRACTOR OTIIER DOCUMENT VJ)TH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOVVN MAY HAVE BEEN IR17DUCED BY PAID CLAIMS. 1IJ5 ADU' -.-- TR A NSfi TYPE OF INSURANCE - GENERAL LiA81LITY X COtJh1ERC1ALGENERALLIA6!LITY OCCUR POLICY NUMBER CPP010666203 POLICYEF'FECTIVE DATE MMIDD/YY 10/01/07 POLICYEXPIRATION DATE MNIUUIYY 10/01/08 -"-'"-- LIMITS CURRENCE __ _S��OQO000 TO RENI'Eos .,nm ,.a s100 000 X __CLAIMSMADE UND24704/02 (AnYonSperson) S10000 AL R AOV INJURY S1 OO_OQOO GFN'L AGGREGATELIMITAPPLIESPER: L AGGRFGATE ME S2 ODO 00O _5_200 0000 LICY jCCDTlOCTS-COMP/OPAG_G_ A AUTOMORILELIASILITY ANY AUTO BAP0107666203 10/01/07 10/01/08X D SINGLE UNJTenp 51,000,000 ALL O:NNED AUTOS SODILY!NJURY (Per person) S X SCHEDULED AUTOS HIREDAUTOS BODILY INJURY (Per accitleN) $ X NON-OVVNEUAUTOS PROPERTY DAMAGE GARAGE LIABILITY JA NY AUTD AUTOONLY. EAACC@FNi S OTHER ,EA AGC �S AUTOO AUTO ONLY: ADD FBCECUfRBRGLLA LIqBILITYCLAIM OCCUR CLNAIS MADE S UMB010S66203 '10101/07 10/01/08 EACH CDCVRRCNCE $8000000 AGGREGATE $8 OO0000 -- S--- DEDUCTIBLE __.._..____ -X S RCiENTIOIJ £1D000 x &UfAlu- OTH, M TS F S '-"`- RKERS COMPENSATION AND E61PLOYERS' LIgSiLITY ANY PROPRIDTORIPARTNERIEXECUI'VE Ifymd /M=_MBne Excl.uOED9 I EEs, deecROMSI nr SPECIAL PROVISIONS baoly 4055760 Officers Included 10/01/07 10/01/08 E.L. L'ACH ACCIUEN'f _ 550Q000 E.L. DISEASE EA EMPLOYE@ — S500,000 E.L. DISEASE -POLICY LIMIt 5500000 OTHER DESCRIPTION OE OPERATIONS / LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSFITAENT I SPECIAL PROVISIONS Project Description: 6054 Asphalt Slurry Seal Project 2003 The following are Additional Insureds as respects General Liability and Umbrella Liability only if required by written contract (See Attached Descriptions) _ CERTIFICATE HOLDER JHUVLU ANY OF TIIE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Fort Collins DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO (HAIL nn- UAYSWRITTEN 300 La Porte NOTICE TO THE CERTIFICATE; HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Fort Collins, CO 80522 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001108) 1 of 3 IY 80462/M553767 SPRAT © ACORD CORPORATION 19RR 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 insurers), 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 zs-s tzaovoar o ,.. .��,-�............ .. LY 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 an 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 Workers' Compensation policy includes a Waiver of Subrogation in favor of the Additional Insureds only if required by written contract. The Additional Insured endorsement which is referenced above under "Type of Insurance -General Liability" is attached. This Certificate of Insurance represents coverage currently in effect and may or may not be in compliance with any written contract. 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 (2001108) 3 of 3 �✓ EGTION II - W!-i0 IS AN INSURM T, IT you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to t you are 4he solo owner, he conduct of,a business of which b, A partnership or joint venture, you are an insured. Your members, your partner,, and their spouses are also insureds, but only with resprct'td the conduct of your business. G. A limited liability' cornpany, you anc an insured, Your members are also insureds, but only with respect to the conduct of your business. Your managers are Insureds, but; only with respect to their duties as your managers, d. An organization other than a partnership, joint venturd or limited liability company, yaU are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties es your urea. rs or directors, Your stockholders are also insureds, but only with respect to their liability as ics es yours, e. A trust, you are an' insured. Your •trustees are also insureds, but only with respect to their duties as trustees, 2, Each of the following. is also an insured: a. Your "volunteer workers"only while performing duties related to the conduct of your business, or your employees, other than either your executive officers (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (i'r you are a limited liability company), but only for acts, within 'the scope of their,employmen by_ynU,_inpluding_renderiog_nrst aid..in_an. emei;ganc;t...Ho�ever none'ofitiiese-amp(oyees or "volun'Cecrworkers" are inswccis'for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners ar members (if you are a partnership or joint venture), to your members (if you are a limited liability company), a ca-employee while in the course of. his or her employment or. Performing, duties related to the conduct of your business, or to your other "volunteer workers" while Performing duties related to the conduct of your business; (h) To the spouse, child, parent, brother or sister of that co -employee (1)(a) above; consequence of a consequencof Paragraph (a) For which there is any obligation to share damages• with-, or repay sotp@one else vvha must pay. damages because of the Injury describe i' i paragraph (1}(a) nr (fa) above. (2) "property damage" to property; (a)' Owned, occupied or used by; IN Rented to, in -the care, custody or control af, or over which physics) control is being exercised for any Purpose by you, any of your employees, "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company), b, .Any person (other than your employee or "volunteer worker"), or any organization while acting as your real estate manager, c. Any person or organization having proper' temporary custody of your property IT, you die, but only: (1) With respect to liability resulting 'from the maintenance or use of that propertyr and (21 Until your legal representative has been appointed. d, your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and du'Ges under this Coverage Part, 2- With rospeot to "mobile equipment" rogistared in your name under any motor vehicle registration la<v, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible fcr tha conduct of such person is also an insured, but only with respect to liability resulting from The operation of the equipment, and only if no other insurance of any kind is available to that person or arganizaton for this liability. However, no person at, organization Is an insured with respect to: a, "Bodily injury" to a co -employee of the person driving g;4a aquipment; or �' :`.o''�':-rt`yr-•de; ,cge� '._-p'rapa,-ty•o-;;r a6 by; ranted.-m, in tha ohla<pa tit 6C oc-c ogled by yocr or 4.rie 'emoidve OT - any person who Is an insured' under this- provision, UND 247 04• 02 Page 9 of '16 a. Coverage Under this provision is atTorded only until the I &Oth day a,,er you esquire or, fo;,7 the z,rganizaSon or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that 'Formed toccurred before you acquired ar he organization; and c. Coverage S' does not apply to "parsonal and advertising injury" resulting from an offense Committed before you acqurred orforined the organization, Any person or organization to whom or to which you are obligated by virtue of a written contract, agreement or permit; to provide such insurance as afforded by this palsy is an insured, but only with respectto liability resulting from: 'a. "Your work" for that insured by you; b, Permits issued by state or political sUbdrAsions'.for operations pWormed by you; or Or. Premises you own, rent, occupy or use, This provision does not apply unless the written contract or agreement has been executed, or the permit has been issued, prior to the 'bodily injury", "property damage", or "personal and advertising injury", This provision does not apply to any person or organization for "your products The ADDITIONAL INSURED - VENDORS endorsement must be attached to the policy to provida coverage for ,your,productsn. venture person m organization is an insured with respect to the conduct of any current ar past partnership, ,joint venture or limited liability_company that is nay pi7own ag t prged hmpred�n ylie_peglarat ens., SECTION III - LIMITS OF INSURANCE i. The Limits of Insurance shown in the paciaratia number of: "a and the rules below fix the mast we will pay regardless of the a. Insureds; b. Claims made or "suits" brought; or c. Persons or crganixatians maldng clairns or bringing "suits", d, Persons or organizations included by virtue of written contract, agreement ar permit, Their Limits of Insurance shall be the limit required by that written contract, agreement or permit or the Limits of Insurance of this Policy, whichever is less, and shall not be in addition to -the Limits of Insurance shown in the Declarations, 2. The General Aggregate limit is''the most we will pay •for•the sum af: - a. Medical expenses under Coverage C; b, Damages under Coverage,A, except damages boaause of "bodily injury" or "property damage" Included in the "products-oomplated operations hazard"; and Damages under Coverage B. 3.' The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of, "bodily injury" and "property damage" included in the "products -completed ope -afons hazard", R. Subject to 2, above, the Personal and Advertising.tnjury Limit is the most we will pay under Coverage B for the SLIM of ail damages because of all "personal and advertising injury" sustained by any one person or organization, 6, Subject to 2, or 3. above, whichever applies, the Earn Occurvall e Limit is the most we will pay for the sum of: Q. barrages under Coverage A; and b. Medical expanses under Coverage C because of all "bodily injury" and "property damage" resulting from any one "occurrence", 6. Subject to 5, above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case oil damage by fire, while rented to you oetemporarily occupied by you with permission otthe owner. UND 247 04 02 Page 1 Q of 16 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS OWNER) DATE OF .SUBSTANTIAL COMPLETION: PROJECT TITLE: 2008 Renewal., 6054 Asphalt Slurry Seal Project PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: Collins, -- OWNER: City of Fort Collins CONTRACTOR: CONTRACT DATE: The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of iteras 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 liUrxVRiZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. CONTRACTOR By. bW1HUR1ZLD 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. 1.2:01 a.m., on The responsibility for heat, utilities, security, and insurance wider the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT C_OLLINS, COhORADO By: OWNER REMARKS: AUTHORIZED REPRESENTATIVE DATE 7/96 Section 00633 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: A-1 Ch.ipseal Company Gentlemen: , 20 You are hereby notified that on the _ day of 20 the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort. Collins project, 2008 Renewal.,6054 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 20 In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date:__ — 20_._. Sincerely, OWNER: City of Port: 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: 2005 Renewal, 6054 Asphalt.Slurry Seal Project 1. 'The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone :in the construction, design, ,improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller, Act claims (40 O.S.C.A. 270 a and b), stop notices, equitable liens and .labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, Labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the Possession or control of the OWNER, against the project or against all. sand 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. BID SCHEDULE {Base Riot} ITEM NO DESCRIPTION I UNIT CONTRACT QUANTITY UNIT PRICE TOTAL COST 105.10 Sweeping - All Streets Each 2 $6,400.00 $12;800.00 105.20 I Sweeping - AlIParking Lots Each 2 $570.00 I $1,140.00 409.01 Type II Asphalt Slurry Seal - All Street Locations SY 176639 $1.44 $254,360.16 409.02 Type II Asphalt Slurry Seal - Parking Lots SY 21467 $1.44 $30,912.48 630.01 "No Parkin' Sign With Stand Per Day Per Each 5150 $1.13 $5,819.50 630.02 Vertical Panel Without Light Li g Per Day Per Each 20 $0.45 ! $9.00 F630-04 Channelizing Barrels Per Day Per Each 20 $0.45 $9.00 ! Type UIFBarricade Without LightPer Day Per Each 20 $0.45 $9.00 30.05 Type III Barricade Without Light Per Day Per Each 150 $1.13 $169.50 630.06 Size A Sign With Stand Per Day Per Each 100 I $1.13 $113.00 i 1 630.07 Size B Sign With Stand Per Day Per Each 200 $ I.13 $226.00 r630 08 Size A Specialty Sign - Cost of Manufacturing Each 2 $39.65 $79.30 630.09 Size B Specialty Sign - Cost of Manufacturing 1 Each 2 $39.65 $79.30 630.10 Cone With Reflective Strip "7io-� Per Day Per Each 1500 $0.57 $855.00 Sec -,Ion 00300 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 CONTRAC'POR 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: 2008 Renewal, 6054 Asphalt Slurrp Seal Project CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for on bond of (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 day of .i.t.s hand this (Surety Company) By ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in- Fact. 7/96 Section 00660 Page 1 SECTION 00670 APPLICATION FOR EXSMP'TION CERTIFICATE Da of rz o2esl DEOCODaonnild l NT OF REVeiUEN� Ta) 2212-2d16 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuanuo Statute Section 39 26-114(1)(a)(XIX) DO NOT WRITE IN THIS SPACE emption cetlificaie for which you are applying ails( be used only for the purpose of put chasing construct Ion and building ls for the exempt imeject described before. This exemption does not include or appfy to the purchase of rental of oquipment. s, d materialswhich are purchased.Halted or consumed by the contractor antiwhich do nor become pair of the structure, y, read street, Of other public works wriad and used by the exempt organization. For uthorizeduse of the exemption ceflihcate will resift in fevocat ton ofyour exemption certificate and other penafties provided ate certificate is roquired for ear 11 Contract. Subcontractors wolf not be issued Cenificates of Exemption by the Deranrionr of Revenue. It Is file responsibility of the prime contractor rd issue certificates to each of the subcorn Stools. (See reverse.slde). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. �JSVAIaVA<mlrA No. IO Uo aSv�Uby U(Nt pclad 89 ' 0170.750 (999) $0.00� CONTRACTOR INFORMATION RaUA n2'nal A. rma¢ pnnuc1 cr cwl>ora,e �amJ 9 10(I a(I(rfeSS (Cil)S oElu ip), ontaCl Orson -0mll a(fidusS 'eflaMaI-Inployer510aIlU CAR)IT, Nllfrlp¢f O(yUUf C011VACI' QVtlA1110t111( J% IIJI )¢f. ) a11511106S f01011,nnC /xlln Wi/ t ) (,OIOId Ov/,1 10 nlg la%JKO,Inl lillmM EXEMPTION INFORMATION copiosofcontractoragroOmentpages (1)idantifyingthe contracting parties and (2) cotitalning signatures of contracting parties must be attached. Name of os¢mptorgpnizatlon as Shoe;n on con acp: crank orgrnn-awors number UOress of axengl orgsluzaUon 11y. orate. Zip 98 'tlnClpal conlscl £d C%Pmp(Ofganizailmr nnppol conlac(s to en l nonlber FIfy54aI100900n0 pf0)Oda9 rA (gNU aOWN e(tlresn H�lAl1 ApPiOAbe OnU CWOJ AIIU/Of CGun(y QOst Vlt¢r¢pfOjCCf is 1UCA 0U) Schsdul¢d ars, JY mr m,m,w, slnn aJlm Ear newa mil or col nlnr•I¢non anm / declala unlice penalty of poijRy in Iho Second degrco thal Ulo slaternenis roar/0 in UPS application are bull and complete to fho boat of my knamfodge. Signature of ownef, Partner Of Corpora a of lcerrile of Cwporato o mer a Il0 Me) r WRITC �u n,n/ ri nc r wr Section 00670 Page I Special Notice Contractors who have completed this application in the past, please note the following changes in procedure The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime 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 (he prime contractor's place of business for a minlmum of three years and be available for inspection in the event of an audit. once an 89k has been assigned to you, please use the next fire 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 Ihoreafter should contain 89-12345 on the application. The succeed- ing numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. Section 00670 Page 2 SECTION 00700 GENERAL CONDITIONS rABLE, OF CONTL,NTS 012GENERAL CONDIDONS Article icle or Paragraph page Article or Pirigripl, Num boy &Titlo Number Number &"Fifle DEFINITIONS 1.1 Addenda 1.2 Agroom on .............. ........................... 1.3 Application for PaY1110111 1.4 Asbcstos 1.5 Bid 1.6 Bidding Documents .................. 1.7 Bidding Requirements .........................I I's Bonds - 1.9 . .......... (',hinge Order 1.10 Contract Documents 3.11 Contract Pi ice 1.12 ContracL Too es 1.13 ..........................1 CONTRACTOR 1.14 defective 1.15 Drawings.........._.................................I 1.16 Effective Date of the Agreement:,.,,,,,,,, 1.17 ENGINE 1: ,, 112 ................ 1 1.18 .......... ENGINFER!s Consultant 1 1.19 Field Order ....... ............ 1.20 . . General Requirements ., . 2 1.21 Hazardous Waste 2 1.22.a Laws and Regulations; lmvs or Regulations .............. .... ...... 2 1.22b Legal Holidny.s .. ............ ...... 2 1.23 Laws 1.24 Milestone 1.25 Notice of Award 1.26 Notice to Proceed, 1.27 ...... .. OWN)"R ... . 1.28 Partial Utilization................................2 1.29 PCBs_ 1.30 Petrolcutu 2 1.31 Project ................................ I.K.a Radioactive Material I 32.b ............... ........... Regulm Working 11coo s ........ I ........ 1.33 Resident Project Representative,_......,,.? 1.34 Samples ...................... . . 1.35 Shop Drawings,,.._...... 2 1.36 Specifications 1.37 Subcontractor 2 1.38 Substantial Completion ....................... 1.39 Supplementary Condition, .... 1.40 SOPPlic] 2 1,41 Underground Floilities..................... 2_3 1.42 Unit Price Work 1.41 Work 3 3,44 Work 61onge Directive .................... 1,45 Written Amendment Page Number PRIZ11,11NARY w)ATTERS 3 2A Delivery of Bonds, ......... 22 Copies of murnews .......... 3 2.3 ... Commencement of Contract Times; Notice to P, oceed............... 3 2.4 Starting the Wert:.. 3 2.5-23 Before Starting construction; CONTRACTOR !s Responsibility 10 Report; Preliminary Schcdj[e.% Delivery of Certificates of Insurance 1-4 2 8 Preconsuucbon Confejencq 4 2.9 Initially Accept1h], '31111driles_ 4 CONrRACTDXQI\*'NTS: INTENT, AMENDING, RLUSI,, 4 5.1-3.2 Intent 4 3.3 Reference to Standolds and speci- fications of Technical Societies; Reporting and Resolving Dis- crepancies ................................. 4.5 3.4 Intent of Certain Terms or Adjectives_ ....................._. 5 3.5 Ancricling Contract Documents 5 3.6 Supplementing Contract Documents ............ ............ 3.7 Rouse of Documents ..5 AVAILABILITY OF LANDS; SUBSIJUACM AND PHYSICAL CONDITIONS, RM'ERENCE 1101,j1s ' "' 11 4.) ......... Availability ofLands ... ........... 5-6 4.2 Subsurface and Iloy.wal C(olditIOns. ................................... 6 4.2.1 Reports and Dj yoffings 6 4.2.2 Limited Reliance by COUF12AC. TOR Authorized; Technical Data 4.2.3 ....... Notice Of Differing Sutmrface or Physical Condition.% .................. <, 4.2A ENGINEER!s Review-, 4.2.5 Possible Contract Documents Change ................. ........ 6 4.2,6 Possible PriccandTimes Adjustments.............................. 6-7 43 Physical Conditions --Underground I,ncili6cs 7 4.3,1 Shown or indicated 7 4.32 Not Shown or Indicated.........._.......? ..... 4.4 Reforence I)Qirns 7 iJCDCCIGNMAL CONDITIONS 191e-3n990 lrI)j 110M 'T�Iyy OP FORT Article or Paragraph Page Arlicle or YnrngraPh Page Number cH "Pule Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum, hazardous Waste or Radioactive Material,",,,,,,,,,,,,,,,,,,7-F BONDS AND INSURANCE ......................._........ s 5.1-5.2 Perl'olmance, Alyment and Other Bonds..............................._............. t; 5.3 Licensed Sureties and Insurers; Certificates of fnsurnnce. _.... F .5.4 _. CON'TIZAC'POfa Liability _........ Insurance ..................... ............................ 9 5.5 O\krNFR's Liability Insurance l..... 9 _ �.6 Property insursmrr.__......................J-10 _.._-. 5.7 Boiler and Machinery or Addi. tional Properly Insurmce_,,,,, 10 S,S Notice of Cancellation Promion„„..,., to 5,9 CON'I'RACTOR's Responsibility, for Deductible, Arlosnis...................10 5.10 Other Special Insurance ..................... 10 5,11 Waiver of Rights ..........................„,.I 1 5,12.5.13 Receipt and Application of Insurance A oceeds....... _ _ ...... _. 10-11 5.14 Acceptance of Donds and Llsm- ance; Option to Repincc...... 5.15 ............. PArnai Utilization --Property .11 1 nsw once ........................................11 CONTRACTOR'S H1iSPONSIt]iJ'I'1L'S 6.1-6.2 Supervision and Superin(endencF.....,. ...„,11 11 6.3.6.5 Labor, Materials and Equipmen4 11-12 6.6 Progress Schedule ..... ......... ........ 0.7 .... Substitutes and "Or -Equal" Items; ...12 CONTRACPOR's Expense; Substitute Construction Methods or Proce(lw es; ENGINHE.R's Fvaluation,,,,,,,,,,,,,12-13 6.S-6. 11 Concerning Subcontractors, Supplie'sand Others; Waiver of Rights_,,,,,,,,,,,,,,_._,,,,. 13-14 6.12 Patent Fees and Royallies.................. 14 6.13 Permits ........................................... 14 6.14 Laws and Regulatio..ns.................. 14 6A5 _.... Taxes ........................................... 14-I5 6.16 Use of Premises_ ................._............ 1.5 6.17 Site Clentlines t................................ 15 6.18 Safe Structural Loading. .............._.... 15 6.19 Record Documents ............................. 15 6.20 .Safely and Protection ...._._........ .., 15 16 6.21 Safety Representative .........................36 6.22 Hazard Communication Progranlg..... 16 6.23 Iialergencies...... _... _........................ , l6 6.24 Shop Drawings and Samples...,.,...,„., 16 6,25 Submittal Proceedures; CON. TRACTOR, Review Prior to Shop Drawing or Sample Submittal .........................._........ 16 6.26 Shop Drawing (l Sample Submit- tals Review by 1.?NGIA93ER._... 16,17 6.27 Responsibility for Variations From Contract Documents..........., 17 6.25 12e11ted work Performed Prior to ENGIlgEER's Revioe, and Approval of Required Submittals ........................... 17 6.29 Continuing the Work ..................... _...... 17 6.30 CONTRAC.TOR'.s General Warranty and Guarantee ........ 17 6.3)-6.33 Indcmnilicat ion,,,,,,,,,,,,,,, _, 6.34 Survival of Obligations ................... IS 7. O'I'IM WORM. ..................._..................._....... IS 7.1-73 Related Work at Site........... _......... IS 7.4 Coordination..... _.. _.. .............._ 1S S. OWNER'S RE ......................... I S IS 8.1 Cam III oil to CON- TRACTOR .............. _._.............. 1 S 8.2 Replacement of ENGINJiEll,.,,,.,,....IS S3 Furnish Data andPay Promptly When Due .................................. 1S 8.4 Lands and Easements; Reports and Tests ................_............. IS-19 S.5 fnsurance 19 it.6 Change Cr(hrs_.............. .,.. 19 S.7 ... Inspections, 'I -gists and Approvals ............._......_..__.,... 19 9.8 Stop or Suspend Work; Terminate CONTRACTOR', Services ............... _................,....19 8.9 i'imitalicns on OWMiR'S Responsibilities ,,,,,,,,,,,I 9 5.10 Asbestos, PCBs, Petroleum, Hazardous waste or Radioactive Material 19 3.11 Evidence of Financil A rmtgem gilts... _........................ 19 I,iNGINEI?R'S S'fA'I'US DURING CONSTRUC'fIOIJ............................................. 19 9.1 OIVNER's Represettative........ 19 9.2 ........ Visits to Site....... _.........................19 9.3 PIOject Representative„ 9.4 .............19-21 Clarifications and Interpre- tm1o115........................ ................. 9.5 Authorized Variations in „_....21 GICDC GB.NIUM, cow .IONS 1910-8 (3990131J1'1ION) w/ a ry OP PORT COLLINS MODI1ICA'1IONS (lwv 9l99) Article or Paragraph Page Article or Pal ngraph page Numl>cr&"Title Number Number &Title Number 9.6 Rejecting Defeclive Work„ 21 13.5-13.9 Uncovering Work at LNGI- 9.7-9.9 Shop Drawings, Change Orglcrs N1iER's Request..,,,,. _ 7 2S 9,10 and Payments„...,,_ .. .. . ..................'-1 Determinations for Unit Prices,.,,.. 21-22 13.10 OR+N1::1Z May Stop the \1+ork,.„..,. 13.11 „ 28 9.11412 Decisions on Disputes; LNG I, Correction or Removal of NEER as Initial Inter uetel,,,,,_,,,,.,22 i Defeclive Work. ...' .................... 13.12 Correction Pzriod....... 2g 9. 13 Limitations on ENG7NE73R's 13.13 Acceptance ofDejective FVork.,..,,,,, c ork „.......?S 28 Authority and Responsibilities,_,22.23 13.14 OWNER Allay Correct Defeclive CIL4NGES IN THE WORKWork.........._........... ..,,,.. �q .... 25--29 10.1 10.2 0ArNER'.s (7rdored C, lunge .......... .....,''-3 14. PAYMCNTS TO CONTRACTOR M M Claim for Adjumilmt. .............23 COMPLE'PION._. 29 )0,3 Work Not Required b,Contrnct i S ....leaf ...__...___.............._.. 14.1 Schedule of Val 10.4 Documents.................................. Change Orders 23 Pro ress...............-29 14o Application for Progress 10.5 s................................. NoiiCicalion of Su, et ........... Y _............,:- 23 �3 Payment... ".-.Warr...,... f 14.3 CONTRACTOR'S Warranty of ....... 29 CHANGEOF C'ONIRAC'TYRICE.. o 3 Title ..................... ...._.............._- 14.4-14.7 Review Of Applications for >q 11.1-11.3 Contract Nice; Claim for Progress 1 ayalentg. 29-30 anti Value of (lie 14.S-14.9 ................. Subsiantid Completion . 30 i 1.4 Worusimk the Of rho,. Cost 23--24 ................. 14.10 Partial Utilizatio...... ........... ±03t I1..5 lions to('a,. _. ....24-25 1?xclusions to Cnstuf fbe Work,,,.,_.,_. 25 1.1.11 Final lnspeotion 14-12 Final Application for Pament-__.,31 31 11 6 CONTRACTOR's Pee ............... .........25 y 14.13-14.14 Tiosil Paym art and Acceptnnce.,,,.,.31 11.7 ILS Cost AHOWIn „25-^<6 14,15 U+aiver of Claims,,,,,,,,,,,,, 2 Gish Allowances..........._..._._.._ ........ 26 11.9 Ljuf Price Work ........ ........................ 26 15, SUSPENSION OF WORK AND CHANGE OF CONTRACT TIMES 26 ')TI'RNIINATION, ,_,.. i5.1 .IMay.................. _. _32 12.1 ...... _.................. Claim for Adjusuneen.t_......_...._...................26 _. rk-.... OWNER Vfay Suspend R+Ork,,,,.,.._}2 15.2-15A OWNER Nta lennnatc 212.2 .......... 26 ........... 15.5 CONTRACTOR\Qy Stop12.3 ..3 Delays Beyond CONTRACTOR'S Workoi'Corminate... (`ontrol..... 06- .........32-33 .... 12.4 Delays Beyond OWNER'S and 16. DISPUTE RESOLUTION 33 CONTRACTOR'S Control............._27 ........ ........_............__ TESTS AND INSPECTIONS; COItR13C"1'iON, 17, IvffSCR1,I.ANC:OUS ..........._........._._................33 12L\40VA1, 012 ACCIiP'1'.4NCE OF 1TI Giving Notice ... ........................._. 33 DI3f%1%('TINE• IVORK 27 17.2 C.:omputation oC'fimeq.................1. 33 13.1 ..efec................................... Notice of Defects ........................... 27 17:3 Notice of Claim............................. 17A Cumulative Remedies, 33 . 13.2 13.3 Access to the Work............ .................:7 Tests and Inspections; ......'............: t25 Professional Fees tmd Court CUN'1'RACT012's Coo reralion... _. I _.?7 - Costs Inducted. ..aw .......... _....33, 17.G Applicable State Later.., 33-34 13.4 OWNLR's Responsibilities; 1 Lltentianally left blank"""""` lndzpendznt"Testing Lalwratmy,.,...2] .......................................35 13.5 CONTRAC'FOR's ESfllI3Lr GC -A: (Optional) 13.6.13.7 Responsibilities ............................... Covering Work Prior to Ins lec- 27 Di.s lae Resolution Agreement..._ GC t '""... -Ai 1 Itch, Testing r <r Approval........... 27 16.7-iGC+ Arbitration.._ .................. GC -....- 16.7 Mediation -AI ,,.... .............._._....... C30a\7 VlCDC GBNIiR A1, CO@DI'I'107481910.8 (199e ):DitlOK) 1170 OF FOICI' COLL1IdS A40DIFICA770N5 (W;V 9/99) 630.11 Safety Fence Per Da Per Roll Y 20 $0.57 $ll.4Q 630.12 Light Per Day Per Each 20 S0.22 I $4.40 ' 630.13 Advance Warning Flashing - g or Sequencing Arrow Panel Per Day Per Each 5 S22.66 $113.30 630.14 Variable Message Board Per Day Per Each 5 $147.30 $736.50 630.15 i Traffic Control Supervisor Per Day 15 $448.00 $6,720.00 611.11 i Traffic Control Supervisor Per Hour 30 $44.20 $1,326.00 630.17 Flagging Per Hour 400 $21.30 58,520.00 TOTAL COST $324,012.84 Three Hundred Twenty Four Thousand, Twelve Signed Company A-1 Chipseal mpany Check One: Individual Doing Business in Company Name )C Corporation Partnership 7/96 Dollars and Eighty Four Cents. Address IQ3i jYnpy U} E Phone/Fax 1�' Ote !'. J�a1{1 Section 00300 Page 2 Unit Price Work .................._........ .... I........J 1.9 Article or Paragraph Number Value of Work.... ._ ................................... H.3 Change in Contract Times-- ( W)" for lhlles 1djustillent,..... , 4.1, 4.2A, 4,5, 5.15, 9 ............ 6.8.2, 9.4, .5, 9.1 I, 10.2, 10.5, )2A, .._.......... 13.9, an, 13.14, 14.7, 15.1, 155 Contractual limo limits ................._............ 12.2 Delays beyond CONTI2AC'TOIa _.... control.................... _. __............................12.3 Delays beyond O\Wi ER's and CONTRACTOR'.s control,.. ......... .... 12.4 Notification (if .surety........................................1105 . Scope of change..... _................ _............... 103-10.4 Cllangc Orders - Acceptance of De eclive Work Amending Contract Documents-, 3 S Cash Allowances......... ........................... .Prlcq 11.5 Cop op Of Contract ...................... ........ 1 Change of contfut T1nle$ _.............I 12 Changes in the Work... _.......... _. _ _................10 CON'TRACTOR's fee ................_................ 11.6 Cost of the Work ..................... _.._......... I A-1 1.7 Cost Reco(Is...................................._.............. _.I 11.7 definition 0i _................. _........... _. _....... _......,,1.9 clllergetleleS BNGiNEER's responsibility ........ <911, 16.4, IL2, 12.1 execution Of ..................... .............__......... 10.4 Ltdemnifiction .........................6.12, ....., 6.16, 6.31-6,33 Insurance, bonds and .... ,,......... S. 10, 5.13, 10.5 OWN -R nmy tern inatc... _. ........... _... _... 15.2-15.4 OWNFR's Responsibility ................ ............. .6, WA Physical Conditions-- Subsurfacc and......... ...... ...... _....._....4.2 Unden"ground Facilities ................ ...... .... 4.3.2 Record Docmn ents _........... ..................... ............. Scopc ofChangc.......,......... .........._.......... . ....... 10.3-10.4 Substitutes .............................................. 6.7.3, 6.S.2 [Unit Price Work ....................._..._........___..... iL9 vahae Of 'Vol k, covered by...... _...................... 11.3 Changes in the Work_........_........._....................._...)0 Notification of surety ............... ............ C VNER's and CONTRACTOR's ...... ......,10.5 respmisibilities......................... ................. 10A Right to an adiustm ent...................................... 10.2 Scope Ofchange..........................._... ....... 10.3-10.4 Claims -- against CONTRACTOR ... ........ ......................... 6.16 against ENGINI 1iR......................................... against 0\1I1,ER.......... ..................................._ 4.92 Chmlge of COTIIMCt Price.- ........................ 9.4, 11.2 Change of (',mu'act Times .......................... 9.4, 12.1 CONTRAC'TOR's............. 4, 7. ), 9.4, 9.5, 9. 11. 10.2, .............. ........ 11. 11.9, 12.1, 13, 9, 14,5, ................................... _...... 115.1, 15.5, 17.3 CON '1'R.4C; I'ORs Fee_ __...................._.........., 11.6 Art isle or Poregrapli Number CONTRACTOR e liability._........ 5.4, 6,12, 6,16, 6.31 Cost of the Work.,",,, ................. - 11.4, 11.5 Decisions on Disputes ........... ................. .......11, 9.12 Dispute Resolution, ............... .......... ............... 16.1 Dispute Resolution Agreement__................16,1J6.6 ENGINEER as initial interprelo[.9. 11 Lump Sun Pricing..._ .................................... 11. 32 Noticeof ...... _. _......._....................................17.3 ORt1Jli12's............. _.,.. 9.4. 9.5, 9.11, 10.2, 11.2, 11.9 ........................12.1. 139, 13.13, 13,14, 17.3 OSA13,1E : s Imbil ity............... _........ _.............. OWNER nlay relose to Make pa}ancn( _..:5.5 ................ 14.7 Professional Pees anti Court Casts lnc7uded............. _........................... _.........17, 5 I equest for formal ciccision on_.. 7 I TimelExe Mattis ............. _....... _..................... 6.7.1.2 Time 7Ntension........... .................... ................. 12.1 Timcrequiranents.................... ................ 9. 11, 12A Unit Price Work_................_....................I1.93 Value of ............................................ waivol" of:-011 Final Paynlcnt................. . ..1.1.3 14.14, 14.15 Work Change Direotive......................................10.2 written notice re(luircd,................... -. Al, l l,Z 12A Cladficntions and Imerpretations....... .3.6s, 9.4. 9.11 CleanSite ........................................................ 6,17 Codes Of Technical, piety, OI"ga012atiml or Asocialion................................................. 3.33 Commencement of Contract Times ..."...,,,,.,,, 3.3 Communications-.. general ... .... ............._............._..... 6.2, 69.2., S.1 Hazard Communication Programs.... .... ... ... 6.22 Completion ..- _... Final Application for Payment ................ 14. 12 Film I Inspection... _ ..................................... ......... 4. i 1 Final Payment and Acceptance ...__._...,.,)4.33-14.14 ... .) PM[nd Utilizatioq,,,,,,,,,,,,,,, ...................1. 14.10 Substantial Completion....................... 1....41 . .3A, 145-14.9 Waiver OfClaims........... ........... ... _....._......... 14.15 Compumbon Of Tunes ...... ............... ......... 17,2,1-17.2.2 Concerning Subcontractors, Suppliers and Others ......................._......................... G. 5-6.1 1 Conferences - initially accepmble schedules,,,,,,,,,,,,,,,,,,,,,_,,..-2.9 preconshvollon.._......................................... Conflict, Error, Ambiguity, Discrepancy-- _...?.S CON'1-RAC'T012 to Report .......................... 2.5, 3.3.2 Constl'notion. before smrting by CONT'RACTOR....... ,..... ..... _............... 2.5-2.7 Construction Machinery, E(iuipuncol, elq.................. _........ i.4 Continuing the Work ........... ._.......... __......... .29, 10A Contract Documents-- Amending ................. _. ........... ........ ............... Bonds....................__...................__... _.3.5 _......... 5'1 131CUC UENHIZAL CONDITIONS 1910.3 (1990 ).171"Il )r,) W CITY OP PORT COLLINS MODIPICAITONs no;v 9/99) Cash Allowances._......._ .............. _.............._..11.5 Article or Paragraph Number Change of Conifnd N'ice............_ 11 Change of Contract Tittles .... ............................. ................._... 12 Changes in the Work........__...._ .............. 10,4-10.3 check and vetify ........ _............._....._. -r,5 CInrifications and _........ InterprONN iong...................... ,..32, 3.69A. 9.11 definition o(....... ..... .......... ._._............... �.......1. 10 F GINPER as initial interpreter of._._- 9 11 ._ J', NGINEER as OWNER's representative-,,,,.,,._ 9,1 general3 Insurance ............................. .... .,....__........ 5.3 Inlott ........ .._. ,.. minor variations inn the Wort.," ................. 3.6 OWNTR'.s responsibility to furnish .......... data ............... 8.3 OWNER'.s responsibility to make prompt payment .......................... .3, 14A. 14A3 precedence.._ .... ................. ........ ....... ......I 1, 3.3.3 Record Docunlenls..._ ._..... Reference to Standards and Specificatiolls ......6.19 of Technical Societies ...................._......_.... 33 Related Worl: ...............?.2 Reporting Ind Resolving Discrepancies.,_._.. 15,33 Reuseof .................................._........... 3.7 Supplementing ............................ _.................... 3.6 Termination of IiNGINEEIZ's Enp>lo)ml eat„_,_,,,, � 2 Unit Price Work...,,,, ......................... ._.. 11.9 variation............................. 3.6, C 23, 6.27 Visits to Site, EiJGINEIiR's n O Contract Price.. .............................._ -.` adjustment of,,,,,,,....„... 3.5, 4.1, 9A, 103, 112-113 Change oC................... _._ 11 ............ Decision on 1.)ispules................ ............. .......... definition of ........................ _....................... ......,9.1, Contract Times-- adjustment of ............................3.5, 4.1. 9A, 10.3, 12 Change of .............. _......................... 1-12A Commencement of ............ .... ....... ._............_..._ _.....,12 2.3 definition of ............................... ....................... 1.12 CON'fRAC1'0R-- Acceptance of Llsurante........................ 5.14 Communications..._ ....... ......................... ............ 6 92 Continue Work _ .......................... C 29, I OA coordination and scheduling ................... (.22 definition of ............................................_... Limited Reliance on 'feollilicftl _..1.13 Data Authorize(l.."...._ ............................... 4.2.2 May Stop Work of Terminate............................)5.5 provide RISC access to Other,. ....................._ 7.1 13.2 Safety cold Protection,,,,,,,,,,,,,,,,,,, 4.3.1.2, 6.16, 6.1 S, ..................................... 6.21-623, 72, 13.2 Shop Drawing and Sample Review Prior to Subnl ittal..........._........................._¢.25 vii Stop Work requirements ...................... _.......... 4.5 2 CON"FRACTOR's-- Article or Paragraph Number Compensation......_..............._..................J Ll-1 L2 Continuing Oblign"OR............._._................. 14.15 De(eclive Work .......................... _...9.6, 13.10-)3.14 Duty to correct dgktiva Work I3.11 Duty to Report -- Changes in the 1Vork caused by Emergency. _............... _....................... 6.23 DOICeIs in Work of Othcry............................. 7,3 Differing condition...„_ ....._........_........_ 4.2.3 Disa'epancy in Dcc iarents.,_,, 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated.,,,_,.... 4.3.2 Emergencies............ _.................._........ 6.23 Igylipment and Machinery lien(al, Cost ........... of the Work..........................._.............,IL4.5.3 Fee --Cost Plus,,._ .................... 11.4S.C, ] L5.1, 1 L6 General Warranty and Guarantee.,_,...._,,,. Hazard Communication Program....."„,..... _....,6.22 ]ndcmnillcation .......................6.12, 6.16, 6.31-6.33 Inspection of the Worn..................... 7.3, 13.4 Labor, Mates iais and Equipment ................. 63-6.5 laws and Regulations, Compliance by,.......... _ 6.14.1 Liability Insurance .............................. 5.4 Notice of Intent to Appeal _._....................9.10, ... 10.4 obligation to pet Conn and complete theWar'k................. ,....... .........._..........._..6.30 patent Pecs and IZoyallics, paid for by,,,,,,,,... ................ 6.12 Rcrfornrance and Other Bonds ............................. 5.1 Permits, obtained and paid for by..,.,,,,.,. ... ___ Progress Schedule _.............._......,, 2.6, 2.13, .6.13 2.9, 6.6, ...... ... ...... -....... ........_...6.29, 10.4, 15.2.1 Request for formal decisionoa disputes .............. 9,11 Rcspon.sibilitics-- C:halges in the Work........... _......................10.1 Cotnccrning Subcontractors, Suppliers and Others .......... .... ............... ..._.... ,5-6.11 Continuing the Work ...... ....................6,29, 10.4 CONfRAC'TOR's expense, .......................... .7.1 CONTRACTORS Ueneral Warranty and Guarantee 6,30 CONTRACTOR'S review prior to .Shop ....... Drawing or Sample submittal..............._(.25 Coordination of Wo19:......._........_.............. 6.9.2 Emergencies .............................._............... 6,23 ENGINEERN evaluation, Substitutes or "Or -Equal" Deals, ............................ fi.7.3 For Acts and Omissions of Others ..................... _...... 6.91 -6.9 2, 9.13 to) deductible 1111Ounts,insui'ance...................5 9 general..... 6, 72, 7.3, 8.9 Hazardous Coaaunication Progranl.s........ 6.22 Indulnni(ication. _......... _..................... _ 6.31-6.33 FJCDC CGNlil4n- CONDITIONS t9to.s (1990 IAI"0 C1N) at CI'll• or FORTCOLLINS MODIlICA'I'ION'S (ItBV 9t99) Labor, Materials Ind 13quipmenS.......... 6.3-6.5 Laws and Regularions................_........,......,6.14 Liability Insurance. _......,................. 5.4 Article or Paragraph Number Notice of variation from Contract Documents Patent Fees and 72oyalties .............................. ,15.27 .12 Perinits .......... _...........- ............................ 6.13 Progress Schedule............ . _..........._ . ........ . 6C> . Record Documents ...._._...__...._............ 6.19 relatul Work performed prior to . ENGINETR's approval of required sublu ittals.................................... .......... 6.28 safe structural loading_ ................................ 6,19 Safely and Protection .................... 6.20, 7,2, 13.2 Safcty Representative- ............................... 6,21 Scheduling the WO, k............ ........ ........... ...(i.9,2 Shop Dr a wings and Samples..... I ...... Shop Drawings and Samples Review by ENGINEFR ............__.......... ti 26 .... Site Ctcanliness_................... ... 6,17 Submittal Procc<lures _........ Substitute Construction Methods _6.25 mld Procedures ................................ 6.1.2 Substitutes and "Or -Equal" Items......_....._ 6.7.1 Superintendence...__....................................6.2 Supervision....... Survival of Obligations ......... .... ....... ..... .......6,34 Taxes.............................. _.......... _............. 6.15 Tests and Inspections, .................................. 13.5 ToReport............ _............. _.........................15 Use of Premises6.16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sampie Submittal ......................... .............. 6.25 Right to adjustment for changes in the Work,,,,,_ 10.2 right to claim ............ , 7.1, 9,4, 9.5, 9,11, 10-2,11.2, ..........11.9, 12.1, 1.33.9, 14.8, 15.1, 15.5, 173 Safety 111<I Protection- ............._ 6.20-6.22, 7.2, 13.2 Safety Representative...._...."............................6.21 Shop Drawings an(I SmnPles Submiltnls,_, 6.24-6,28 Special Consultants .......... ......................... ....11.4.4 Subslitule Conso uction Methods and Procedume, 6.7 Substitutes and "Or-E'qua!" Beals, Expense .............. .................. .....,..... .7, , 6,7.2 Subcontractors, Suppliers and OthersC>.fi-<i.11 Supervision and Superintendence, .... _6.1, 6.2, 6.21 'Taxes, Payment by ........ ................................... Use of Premise..s........................................ 6.16-6. 18 Warranties and guarantees_„ ................ 6.5, 6.30 Warranty ofritic............................................. 143 'Allitten Notice Required-- CON'rRACTOR stop Work or term inate....... 15.5 Reports of Differing Subsurlace and Physical Conditions ..................... 4.2.3 Substantial Complot1011................................ ... KS mi CONTRACTORS--other...............I.- I .... I..... -I........ ....7 Contractual Liability In..surance$ 4.10 Contractual 'Vitro Limits............._..........................12.2 Article or Paragraph Number Coordination-- CONTRAC'TOR's responsibility ............ ........... 6`9�2 Copies of Documents. .... ...._.......... .......................... Correction Period ,,,,,,,,,,,,,,..................... 12.2 ...13.12 Correction, Removal or Acceptance ..... of Defeclive Work- in general.._........_. _.................. 10.4.1. 13.10-13.)4 Acceptance ofDs,'P'd oe Work ..... ......... ....... 13, 13 Correction or Removal o1" ..... T.>elcclive1Vork.... .... _...... ................. 630, 13.11 Correction Period,...,..... ............._._._............ 13.12 OWNER May Cotrect. Defeclme. Work,,,,,,,,,,,,,, 13.14 OWNED May Stop Work 1110 Cost -- of Tests and Inspections... ............ _......_.......... 13.4 Records 11.7 Cost of the Work -- Bonds and insurance, additional, 11.4,5,9 Cash Dlacounts, ........ ..... ................. ...... 1.4.2 CONTRACTOR'S Fee.......................................I _... _..) L(i Excl6cIOnS Io,_..._........._.... _................... 11.5 Generall l.4-11.5 _...... home office and overhead expense;,,,,,,,,,,,,,,,,,,,,11.5 Losses and damages,,,,,,,,,,,,,,,,,,,,,,,_..._.....,,1IA.S.6 Materials and equipment........._ ...................... 11.4.2 Minor expenses .......... -_._.............._.........11.4.5.8 Payroll costs on changes .................................. 11.4.1 performed by Subcontract ers...........................11.4.3 R000rds 11.7 Rel)tala of construction equipment and maebiuery............... .................. Royahy payments, permits and .....11A.5.3 license fees ............................. ...._......... 11,4.5,5 Site office and temporary facilities,_ ............. 11.4,5.2 Special Consultants, CONTRAC1'6w' ............. Supplemental............. .............. .... .. ................)1.4.5 Taxes related to the Work„.. _.... _................ 1 A.S 4 Tests and Inspection...... _.............................. 13.4 Trade Discounts ,,,,,,,,,,,,,,,,, _..........................I 1.4.2 Utilities, fuel and sanitary facilities,„_.,, 11.4.5,7 ....., Work alter regular hours,,,,,,,,,,,,, Covering Work...............................................)3.6-13.7 Cumulative Renle<lies................................._.. 17.4-17.5 Cutting, filling and patching- .................................. .7.2 Data, to be famished by OWNER... _. _...................... 83 17ay--(lefinition of ...... ...... ......... .... ....................... )7.2.2 Decisions on Disputes ........ ..................... 9.11, 9.12 defective --definition Of. ............... _................. 1.14 de fsclrl'e Work - _. _... Acceptance o( ... ................... .............,,10.9.1, 13.11 )i)CCC CtGVGI<A1. COk171'1'10)JS 191o.3 (1990 L'UIIIOM w/ CPIT OF FORT COLUN's MODIFICA"110M (Wd V 9/99) Corection or Rencval of,,,,,,,.... _..._.10.4.1, 1111 Correction Period ........................................... 33.12 in general .................. ..........._..........1.3, 14.7, 14.11 Article or Paragraph Number Observation by EmmDrf,17R .........._............. 92 OWN)3R May Stop Welk............ I .................... _... I3.10 Prompt Notice of I)efects............. ...................... L3.1 Rejecting.................... _........... _......... _............,9.6 Uncovering the Work ..................... 13.R Definitions Delays ..... ....... ... 41, 6.29 12.3-12A Deliveryof)aonds ......._._...... ............................. .. 2.1 Delivery of certificates of insurance .............._..... - ...... 17 Determinations for Unit Prices ................................ 9.10 Differing Subsurface or Physical Conditions -- Notice oC.._.......,..._........................_..............4.2.3 .P-NGINIiER's 12eview„................._...,.,.,,..,.....4 �,q Possible Contract Documents Change,,,,,,,,,,,,,, 1.2..5 Possible Price and Times AAjusnnents..............4,16 Discrepancies -Reporting and Resolving....__ ........................ 2.S, 3.3 2, 6.142 Dispute Resolution-- Agi centenr......_........................................! 6,1-) 6.6 Arbitration........ _.. _.................... _............) 6.1-16.5 general 16 Mediation................................. _............ Dispute Resolution Agreem ant ......................... _..._..16.6 1.6.1-16.6 Disputes, Deei.eions by Ii7JCilMsE12................ 9.11-9.12 Documents-- Copicsof_............ .............. .._.._...._.........,..... 1.2 Record 6.19 Reuseof _. _...................... _............................ 17 Drawings--delinition of........_..............................1.15 Easements ........._...... ...,,...... _... ... 4.1 efin...on,... Iiffectivc date of Agreement --definition ql,,,,,,,,,,,L .. lei Eni ergetci o s......................................................... 6,. 23 SNGIN)3L'R-- as initial interpreter on disputes...,,._...,.., 9.11-9.12 definition of..,...."..... 1.17 Limitations on authority and responsibilities,.._ 9.13 Replacement of,......... $.2 Resident Prglect Represenative_.... ........ ;J,3 P.N'UINEERS Consultant.- definition OC..,,,,,, IiIQ(i)NELl2's-- authority and responsibility, limitations on,..,.._. 9.13 Authorized Variations in'the IVork,,,,,,,,,,,,,,,,,,,,, 9.5 Change Orders, responsibility for......9.7, IQ 11. 12 Clarifications and InteflVelatioll .............. .63, 9A Dccision.s on Disput......... ....._._............ 9.11-9.12 defective Work, notice Of ..... ............................ 1.3.1 Svaluat011 of Substitute ltenig.......... ........._..... 6.7.3 1,iability..................... ................... .._...... 6i 32, 9.12 Notice Work is Acceptable. ......................... 14. 13 Obse'vations........................................._G30.2, ..... 9.2 OWNER's Representative.............._..._...............9.1 Payments to file CONTRM',fOR, Responsibility for ............. ....... ..._........... 9.9, 14 12cc0uun0ndation of Paynlent....... ............ 14.4, 141.3 Article or Paragraph Number 12esponsibilities--Limitations on...............9. 11-9.1.3 Review of Reports oil Differing Subsurface cord Physical Conditions_ ..................... 4.2A Shop Drawings and Snnr plw, review responsibility _.. .... .............. 6.26 Slates During Cnnituction-- authorized variations in the Woiic.....,.„.,.,..,.. 9.5 Clarifications and l rterpretalions ..................9 4 Dceisions on Disputeg_............. _...... _.9A I -9.12 Detenn ina lions on Unit Pr ice.............._.,_.,,,au ENGINELR as Initial interpreter, ........... 9.11-9.12 BNG1NIiE12's 12esponsibilities..,,,_,........ 9, 19.12 Limitations on ENGINEE.R's Authority and Responsibilities- .... ,....................... 9.1 OIVNER's Representative,,,,,,,,,,,,, ................ 9,1 . Project Representative, Rejecting Uefective Work ......................._.....2( Shop Drawings, Change Orders and Payincats_............_....................9.7-9.9 Visits to Site ............................. ,............ ....... 9.2 Unit Price determinations,,,,,,,,,, ...... .....9.10 Visits to Site......................................................9.2 Written consent re(juircel ... ................... .......72, 9.1 Equipment, Latter, Materials and ...... ..... 6.3-6.5 Equipment rental, Cost of the Work,, 11.4, SS Equivalent Materials and Equipn1031i........... ,.. ............ 6.7 error or emissions ..... _... ._.....................6.33 . ............... Evidence of financial Ari angemerns................... tl, I I Explorations of physical conditions,_ ...............__. _ 4.11 Fcc, CONTRACrOR.s-Costs Phs._........_....._.......11.6 Field Order-- definition of ..... ...................... ..............,...__..."1.19 issued by ENGM13SR ................................ 3.6.1, 9.5 Final APPlication for Payment ....................... ....... 14.)2 Final Inspection ................................................... 14J 1 Final Paynimn,-- and Acceptance ............... _.................... 14, 1.3- 14,14 Prior to, for cash allowmces,,,,,,,,, 11.5 General Provisions ........................._............... 17.3-17,4 General Requirements" - definition of.....................................................1.20 Principal references to..............2.6, 0.4. 6.6-6.7, 624 GivingNotice......................................................... 17,1 Guarantee of Work -by CONTRACTOR ........ 0.30, 14.12 Ilazal d Conn unication Program s......... ..... ............. 4.22 1'lam dons WastF- defnilicl of ........... .........................................J 21 general........................... 4.� OWNERS responsibility for .................. _...........5.10 IzJCDC. GCNI3RA1. CONDITIONS 1910.R (1990 CDIIJON) w! CI1'Y OF PORICOLLINS 7A01)IPICA"1'IONS K.V 9/99) LldentnIbcut ion ..... ,.......... ............6.12, 6.16, 6.31-63 3 Initially Acceptable Schedules_..........................._.._2,g Inspcction-- Certificatesof.............................. 9.13.4, 13.5, 14,12, Full] ............................... _......................... 14. I I Article or Paragraph Number Special, required byEN(libEi;l2....._..._ ............. 9.ti Tests and Approval .............................5.7, 13.3,13.4 Insurance— Acceptance of, by ORTER ............................. $.14 Additional, required by changes in the Work_.................._................ W Before starting the ork,..,,,,...._...._......... _....11.4.5.9 _...... 2.7 Bonds and --in general............ _............................. 5 Cancellation Provisions . 5.8 Certificates of ..... ,......... 2.7, .5, 5.3, 5.4.11, SA.13, ............ ..........5.6.5, .5.8 5.14, 9.13.4, 14.12 completed operations ................... _................5A.13 CON'fRACTOR's Liability........... ...........5A C'OAITLACTOR's objection to coverage .... ,._.... 5.14 Contractual Liability ......... ................ ....... 54.10 deductible amounts, CONIRACTO12's responsibil itY .............................. _................5.9 Final Applicator, for Payment....... ....... ...... 14.12 Licensed Insurers ............................_................. _. 5.3 Notice requirements, material changes,-,,,,, 5.8, 10.5 Option to Replace ............. ....... : other special insurnnwc.....................................5. 10 OWN13Ras fiduciary for insureds,,,,,,,,,,,,,,, 5.12-5.13 OR+NER's Liability._ ................. 5.5 O WNER's Responsibility .......................... _........5.5 Partial Utilization, property Insurance._..,.... _.. 5, 15 Property...... ............... _...... ....... .... ....... Receipt and Application of Insurance ...5.6.5.10 Proceeds ................................................ .12-5.13 Spacial Insurance ..............................._.. _....... 5.10 wlivelof fields Intent of Contract DOcUslents ..... .................... 3. 1-34 Lderprelitions and Clad fixations .... _..... I.......,.;3,<i.3, ..... 9.4 Investigations of physical conditions .......................... a.2 Labor, Materials and Equiprucnt.............. _............@.3-6.5 Lands -- and Easements..................................8.4 Availability of_ .... ................. 8.4 Reports and Tests........._ .............. ................ Laws and 12cgulatiwrs--Larvs or l2cgulalicns-- .....tl.4 Bonds..........._..._...................................... S. 1-5.2 Changes in the1>,/orlC......... ............................. 10.4 Contract Doeuments.............._..........................3.I CONTRACTOR'S Responsibilities .....................6.14 Correction Period,dejective Work,j.3.12. Cost of the Work, tuxes_.,,. _. _.......... _......... 11 A..5.4 definition of .................. ............................... 1.22 genern16.14 In denurificati on ....................................... 6.31-6.33 lnsurancc ......_........ ........................................ . 5.3 Precedence....._ .............................__._,... 3.1, 3.3.3 lteferancc to ...... ................ ............ ,..... �.......... 3.3.1 Safety and Protection ............................. ,.fi,20, 13.2 Subcontractors, Suppliers and Others...,.....,, 6.8-6.11 Article or Paragraph Numlwr Tests and Inspections ..................... ..... ...._...13..` Use of Promises................................_..,........._61f Visits to site_,,,.,,___.. ................................. Liability InsuranceCONTRACTORs _....................................... 5 OWW"R's_......._.............................................._ 54 Licensed Sureties and Insurers,_..,,_ ......................... 5.3 Liens- Appliquion for Progress Payment ...................... 14.2 CONTRACTOR's Warranty of iitic.................... 14.3 Finns Application for Payment ......................... 12 definition or ............. ...... ......_.......... ............... Waiver of Claims...._......................................14.15 .1.2.> Limitations on ENGI WAZ's authority and responsibilities- ............... 9.13 ......, 1111Le(RCIIaRCC by (:ODt12XC.1OR _. Authorized.................... _.... ............................ I....4.2.2 Maintenance and Operating Ivlmnmis-- Final Application for Payment... _.....................14,12 Manuals (of others)-- iprecedence................................................... 33.3.1 Reference to in Contract DOemneni$,,,,,,,,,,,,,, 33.1 Materials and equipment -- _, furnished by CONPRACTOR.._.......................... 63 not incorporated in \4ork................... _..... 14.2 _....... Materials or equipment --equivalent. __........... ..........6.7 Mediation (Optional)....._ ............. ...__16.7 ndilcsloncs--dclinilion or .............. ......................... 124 Miscellaneous-- Computntion of Times,,,,,,,,,.,._......_.._.........._.17.2 Cumulative Remedies............._.,._,.... 17.4 Giving Notice,..._ ............................................. 17.1 Notice of Olainl...... ..... ...........................__.....,.17.3 Professional Pees and Court Costs Iucludc<1.,_,,..ITS Nfulti-priulc contracts,,,,,,,,,,,,,, ............................ Not Shown or Indicm......................................... 4ed �,3.2 Notice of- Accepinbility of Project.....................................14.1.3 Award, definition of..... _......................... ........ 125 Claim 133 Defects, I3.1 Differing Subsurface or Physical Conditions...... 4.23 Giving... ...... .......... ........... ....... _.._................ 17.1 Pests and Inspections ........................... I ... .,.......13.3 Variation, Shop Drawing and sample ................ 6,27 Notice to Procced.- definition o1..................................................._..1 16 giving Of. _..........._? 3 MC1kl ORNERAI. COtoul'IOM thl0.8 (1990 EpI I'IOT� ,w CY IY 01'roitr COLL1148 MODIFICA'IIONS (REV 9/99) Notification to SIll'ety.................... .... ......_........._... 1O.S Observations, by IiNGINF)iR........................... 6.3Q 9.2 Occupancy of till Work .................. 5. 15, 6.3p.2.4, 14.10 Omissions or acts by COK, 1'RAC1'OR............... 6.9, 9.13 Open Peril policy form, Insurance, .., ............... 5.6.2 Option to Replace ...................... 5.14 :'vlicic or Paragraph Nunllwr "Or Equal" Items.._ ............................_ ........ 6.7 Other work 7 Ovcrtimc Work --prohibition of ........... ...... 6.3 ..._._...... OWNER - Acceptance otdeke ive Work .......................... 13.13 appoint an FNGINCi13R...................................... 2.2 as fiduciary ................_._............... _......,. 5.125. 13 Availability of Lank, responsibility CIA dtfinition Of ..................................................... 1.27 data, furnish ... ........................................&_I May Correct Defecul", Work _.................... ............ 13,14 May refuse to make payment ... .......................... 14.7 May Stop the Worl. .......................................... 13.10 May Susponl Work, Payment, make prompt ............... ...$3, 14A. 14.L^, pet'fol'Inance of other work........... 7.1 pcl'mitsand Iicenses, requimuen;s...................6, 13 purcbascrl insurance requirelncnts.............. S.G5.10 OWN11.12's-- Aceeptance of the Wa$..............„,..,.,,,,,,,...6.30.2.5 Change Orders, obligation to execute. ......... $ 6, 10.4 Communicalionq...... ............_........................... &I Coordination of the Work .................._...............7A Disputes, request for decisiot}. Inspections, tests and approvols..,......... ,,7, 13.4 Liability Insurance .............._... ............... 5.5 Notice of Ucfects..........._................................. .. _.. )3. ) Representative --During Construction, FNGINf{FR's Status...__ .........................._... 9.1 Responsibilities-- Astxslos, PC73s, Petroleum, ILvardous Waste or Radioactive material...-...........h. 10 Change Orders, Changes in the Work ........... 10.1 couwxulic(aions ,1 CONTRACTOR's responsibilities................yC9 evidence of financial arrangement58. 11 inspections, tests and approval5........._.....,..,.$.7 matuince........................ 8.5 lands and eascm cnls.................................... S.4 prompt payment by. ............................... ........ S.3 replaccol eat of ENGINFFP ... _............ _.._....$.2 reports and tests...................._......................5.4 stop or suspend l\rork, ........ ........ S.S, 13.10. 15.1 terminate CONTR.4CTOR's sorvices.........._.... 5.$ 15.2 sepnralo representative at site .................... .. 9g testing, independcat.................._................... 13.4 use or occupancy of the Work......., ...... ...... ..... 5.15, 6.3Q2.4, 14.10 Written consent 01 approval required ... ........ .... ..... .......... ........ 9.1. 6.3, 11.4 PICDC GENERAL C0I41)1'110NS 1910.8 (1990 Gpl'1'1014) w/ Ci ry OF PORTCOLLINS MODIPICA'1'1014a (RBV <J/99) Article or Paragraph Numb r written notice required ........................ 71, 9A, 9.111 ......... .._...................... 11.2, 11.9, 14.7, 15.4 PCAs-- definition oC..........__..................................... _. 129 general .... �.- ................ . OWNGR's responsibility for ............................... $.10 Partial Utilization — definition of ...................................................... 1. 25 general 6K A, 14.70 Property Insurance.... ........_............., 5.15 Patent Fees and Royalties._ . .............. _... 12 Payment Bonds ................ Prnane.nts, Rcconilnendation of .............. ....._........$.1�52 14,4-14.7, 14,13 Payments to CONTRACTOR and Completion — Application for ProgressPaymenls...._ ................14.2 CONTRACTOR's Warranty of Title,.,,,,.,,,._,.,., 14.3 Final Application for Payment ..... .......... i4.12 Fill') Inspection.-........ _.................................. ....... .. 14,11 Final Pnymenl and Acceptance...'...— ... 14.13-14.14 general ................. _.. ........... ............... . 8.3, 14 Partial Utilization ..... 14.10 Rclainagc, 74.2 Rcview of Applications for Progress Paynl en IS ............................... 14.A-14.'7 promptporynlcnl......... R-3 Schedule. of Values .............. Substantial CORIPletinn _...............14.1 14 Waiver of Clainlg..._................... _,.,_._..........,14.15 when payments due, ........... ............_....... 14A, 14.13 withholding Payment......................... ........ t 4.7 Performance Bonds ............................................ _...... 5.1-5.2 Permits ............. .............. .......................... Petroleum. - . . __6,13 definition of _ .......... ..... 1.30 general OWNER'.s responsibility for............................._.R IO Physical Conditions -- Drawings oL in or relating tq..__................. 4.2.1.2 13NGINPJR's review ....................................... .4.2A L'Xl Sf ling SIYlICh1YQ5.._........................................4.2.2 general4.2.1.2......................................._... 'Notice of DifCaring Subsurface 01 .;,,,,,,,,,,,,,,,,,,,,_4.23 _.... ....... Possible Contract Docunl eels Change,,..... __....42.,5 Possible Price and Times Adjustments,,,,..,..,._ 4.26 Reports and Dr'wingy......................................4.2.1 Subsurface and:....._............................................42 Subsurface Conditions. ................ ....... 4.2.1.1 _....... 'technical Data, Limited Reliance by CONTRACTOR Authorizer),,,,,,,,,,,,,,,,,,,,,,,,} 2,2 underground Facilities-- gencra ............_......_....... _ .............4.2 NotShOlVll Protection of............................._..........4.3. 6.20 xii Article or Paragraph Number Shown or Indicated....... _............._........ ... ... ........ 4.3.7 Technical Data ............................................... 4.2.2 1'reconslruction Conference .................. 2, S _.... Preliminary minters .................._...._._.._................._.? _........ _... Preliminary Schedules_ ....................___._.... ....... 2.Ci Premises, Use of ........................._._.........._.. ti.16-6.G-6.IS Co Price, Change of ntract...._......_,..........._ Price, Contract --definition of ............................ ..............11 1.11 Progress Payment, .Applications ...... Progress Payment-retainagq........... .. .14.2 Progress schedule, CON'I'IbkC'l OR:s.........2.6, . ... 28, 29, .................. I.............. 6.6, 6.29, I OA, 15.2,1 Project --definition of .............................................1 31 Project ReInesemative-- ENCiIA'T,R'.s Status During COnSlrtletlOrj_ 93 Protect Represcnlalive, Resideni--definition of, 133 prompt payment by OWNEIR .................................. ........ 5.3 Propuq' ]nswance-- . .. Additional.... _............... _............. _.......... gcneral5.6.5.10 _.... _.'.7 Partial Utilization ............. _.._...... .....5 15, 14.102 rcccipt and application of procceds.......,,,.5.13-5.13 Protection, Safely and ... .................... ....... 6.20-6.21, 13.2 Punch list .......................................................... ly.l , 1 Radioactive 1\Qsrlerial-- definlion oC................__.................................. 1.32 general4.5 OWNER's responsibility for.a.10 Recommendation of Pa}anenf................. 14A, 14.5, 14.13 Record Documents....._ ................................. 6,19, 14,12 Records, procedures lot maintaining ....................2.g Reference Points............_._..........__................__..,.4.4 Reference to Standards and Specifications of1'cchnical Societies.......__ _....._ ........... Regulations, Laws and (or), ...................... ....-3.3 6.14 ............_ Rciccting Delective Wort,................................_.....,.,2C> . Related Woik.- atSLLe...._...................................... .......... Performed prior to Shop 1)l mvinga ..7.1-7..4 and Samples submittals review,,,,... _..,,,,,...,. (> 26 t2cmcdies, cumnlativc..._._....................17.4, 175 Removal or Correction 011) eclivs Work_ 13.11 ............. rental agreements, OWNER approval Minim) L45.3 replacem en[ of GiNCiIN13liR, by OWNER........_..........$.2 ... _.I Reporting and Resolving Discrepmneieg ....... ................. _....., 2.5, 3.3.2, 6.142 Reports -- and Drawings ..... ............. .............. _.............. 4.2.1 and 'Tests, OWNU3 s responsibility..„.,,,.,.._,......$A Resident and Project Rcpreszntntive-- definition of ................._....,......................,..... 1.33 provision for... .............. 9.3 EXEC GEN 1RAI, CONDITIONS t91 o-s (1990 EM ION) W/ Cl'I'y OP FOR) COLLINS b1OVIFICA'IR)dS (REV 9199) Article or Pqrmn apb Number Resident Superintendent, CONTRAC]'OR's ...... ......... 6.2 Responsibilities- CONTTRACTOIZ!,.in general ............................. 6 ENCIFIEER's-in general._ 9 "inlitat'01" on -.9,13 OWNER's-in general ............................................. 8 Retaimp ..... j4.2 Rouse, of DostanclIE5 3.7 RcvicwlbyCONTRACTOR: Shop Drawings and Samples Prior to Submittal .................... 6.25 Review of Applications for Progress Payments - ............. .................... 14.4-14.7 Right to an adjustmerl� Rights or\1Iay ' 1 Royalties. Patent Fees and ....................................... G.12 Safe SNUCILAIII Loading_ ......... . ......... 618 safaty- ......... and P10INU011 6.16, 6,18, .... 6.20.6.21, 7.2, 13.2 general 6.20-6.23 Representative, CONTTRACIOR'a ............ &21 Samples -- definition of 1-14 general ...... �),24-6.28 Fo,iow by c6� 6.25 Review by 17NGIINJ"1?12 ........ 6.26, 6.27 rclnteCl \NlOrk ............................................. 628 8111allitud of ... ... ... 6.24.2 submittal procedures .......................... .1 6.25 Scllc(ltllc of Progress.......... _. ........ ..... 2.6, I8-2.9, 6.6, .I.-.........._........- ...... ... 6,29, 10.4, 15.2.1 SchodUlo of Shop Drawing and Sampk. Submittals ................ ... ......... 2.6, 2.8-2.9�, 6.24-6,28 Schedule of values ................................ 2.(,, 2.8-2.9, 14.1 Solleclulos- Adhoience to 15.2,1 Adjusting.......... (1.6 Change of Contract Times Initially Accoptiblo . ................ . ....... 2. 8, 2.9 Piclimirwry ................... .... -Scope of Change.5 .... 10.3-1o,ll Subsurface Conditions- ... .................. 4.21.1 Shop Dineings- anci S11"Ples, general ................................ 6,14,6,28 Change Orders 8, Applications for Payments, and ..... _ ........... 7-9.9 definitionoc ..................................................... approval <)I' ...... ........... AN(ANE)AZ's responsibility .3,6.2 101 review .................................... 9.7, 6.24-6.28 related Work <+,28 reviewpromiures, ................ 2A 6,24-6.23 xim Article or Paragraph Flumbet submittal required.._.........._ SUbIllitUll PrOCOdUICS Ilse to approve substitutions Shown or Indicated 4. 11 Site Access 13.2 Site Clcardnlesg . ....................... (,A7 Site, Visas In- by ENGINEER ...... ...... ...... . ......... . 11.2 by others ............. ......... .special causes of 10'SS" policy form, insul I'loe definition ........... ........... Specifications.. d0finalion of ................. 1.36 Of Technical Smictie% reference to precedence ................................... 333 ................... Standards a and Specifications of Technical Societies ....... I'll Starting Construction, Etcforq ... -.3.3 2,5,2.8 .Sterling [Jie Work Stop or Suspend Work - by CONTRACTOR ..... 15.5 by 0\NER ... .............. ...... .......... 8.8, 13.10, 151 Storage of materials ind cquiplicilt . ...... ........ 4.1, 7,2 Stn"n't a) Loadi ng, t1ing, %INY.- .......... .......... 6.18 Subconuactca- COncd) ning ..................... ................... 6.8-6.11 ..... definition of , ................... 1,37 delays ........ . 1-n waiver of ligi), rights ................... ............ (1.11 SulboontroctOrs-in 9011U4 ... ..... ............ ... .... 6.9, 1 & 11 ...... Subcontracts --required Provisions.._.... 5.11, 6,11, 11.4.3 Subill Attals- Applications for plynienj_ ........ )4,2 1\4a i at0l) a nee a r Cl Operation On Mall Ul 15 14.12 Procedures 03 .... Progress Scilc(tulca .......................................2.6, 2 J Samples ................... 6.24-6.28 Schedule Of Values .................................. .. 2.6, 14.1 SMI(XlUle of Shop Drawings and Samples SubalissiOns- ................ .................. 2.6, 2,8-2.9 Shop Drawings. _........... .......................... 6,24428 Substantial ConlPletion- reltificIA1011 Of ....... .................... ().30.2.3, 14.8,14,9 definition of...._ .... ....... i m Substitute Construction McibO(Kor Procedures,..,,,. 6.7.2 Substitutes and "Or Equal" Item.a .............................. 6,7 CONTRACTORs Expense............_ ............. 6.7.1.3 17lNGjFTj',fRS I' ValklltiOn ................................. 6,73 "Or -Equal" ().7.1.1 Substioutc Construction IvIetIlocls, MCDC ORNERA), CON011JONS 1910.8 (1990 1q)IIJ10N) lr"CIIYOFI'Oli]'COI,L]IqS,NIOI)I]:ICAIIOXS((iF.v9/99) Artiolc or Paragraph Number or I'rocedures ........................................ 6.7.2 SubslinUc Items ........ ................_...........,6. 7.12 Subsurface and Pllyslcal (iOn(llt Ions-- I)rawings Of, in 01 relatilg to ........................ 4.2.1.2 E111GINEIil2'.s Review .......................................4,2.4 genera] ...... ......................... .e q. 2 Limited Reliance by CONTRACTOP. tly Aulhorized............ .................................4.2.2 Notice of Difering Subsurface or Physical Conditions..... .... ... __ ....................... 4.2.3 Physical CoOditions............................. ......._.4.2.1.2 Possi Ill Contract Docum cuts Clv ngq............... 4.2.5 Possible Pricc andThncs Adjustments .............. 4.2.6 Reports and Drawings.._.................___........_,4.2.1 Subsurface and .ditio.............Site q 2 Subsurface Conditions at the Site_,,,4....1.1 ...... Technical Dian,,,..... ........................................ 4.2.2 Supervision-- CONCRACfOR's responsibility, ..................... 6.1 OWNER shall not supervise._............ _... 8.9 .....9.2, ENG[NBIiR shall not supervise......... _._.. 9... 92., 0.13.2 Superintondence_........................ ............................. 2 Superintendent, CONTRACTOR', resident..,....._ 62 Supplemental costs .......... ,_...... .._......................11.4.5 .... , Supplementary Conditions -- definition Of' ,,,,._._....................... ......_._.......... 1.39 principal references 10................. 1. W, I, IS, 1..2, 2.7, ... _._._._.... ...... ?.2, 4.3, 5.1, .5.3, 5.4, 5.6-5.9, .................5.11, 6.5, 6.13, 7.4, 3. 11, 9.3, 9. 10 Supplem tinting Contract Documcnlg,...,,, 3,6 Supplier -- ,_.,..,. definition oC......_.........._... _... ............... .._._.1.4(7 . Principal lefelences to ..... ,..... 31, 6.5, 6.8-0.1 I, 6.20, ...... _........ I.... I .................... 6.24, 9,13, 14.12 Waiver of Rights ................ .......................... 6.11 Surety -- consent Io final Payment.t............._........ 14.12, 14A4 CiNGlmMR has no duty to ............... _................ 9.13 Notification Of ............... _.. _.... 10A, 10.5, 15.2 qualification Of ............ ................ _................5.1-5.3 Survival o(Obligalions. ........ _... _................. 634 Suspend Work, OWNER May.__..................13.10, _..... 19.1 Suspension of Work and Tenn ination- ........... ....I5 CONTRACTOR May Stop Work or7brminate............................_................. 15.5 OWNER May Suspcud Work ................... _........ 1.5.1 OWNER May Torrmmate.................. ....... 15.2-15A 7'axes--Payment by CON 'rRACTOR,, C.1.5 Technical Data-- Linlite.(I ROliance by CONTRACTOR ... ._.......,,4.2.2 Possible Price and Times Adjustments...............4 26 Reports of Differing Subsurface and Physical Conditions ..... ........................ .iv ....... 4.2.3 Temporary construction facilities................_.... 4.1 Article or Paragraph Number Term inuion-- by CONTRACTOR , _....... ............................... byOWNER ....................... . S.$ 15.1-15.4 of ENGINEEI2's employment .............................. 3.2 Suspension of Work-in general ............................. 15 Teams and Adjectives..._......_................_..............,3A T-este and Inspocllons-- Accesstotile Work, by olher.S.............. ......_ CONTRACCOI2's responsibilities ...................... ..1.12 13.5 cost of 13A covering Work prior to..............................13.6.13.7 Lams and Regulations(or)............................. 13.5 Notice of Defects ................_............................. _. 13.1 OWNER May StopWork.... ............ ................. 13.10 OWNER's independent testing .................._...... 133 4 special, required by ENGINIi14It,,,,,,,,,,,,,,,,,,,,,,,„9.G timely notice required .................._.,........... Uncovering 1helN'ork, at ENGINHER S _....1i.4 request.. _............... _................ Cimos-- Adjusting............. _.. _.............. _.......................,{.6 Change of Contract... ..... ............ ..........._............h Computation of ................................._............. 17.2 Contract'I'im es --definition Off .... ............_.._..... 1 12 dal'............................._......._.........,.......)7.2.2 Mileslones.......................................................... 1.2 Requirements-- appcnls......................._............_......,,,, 9.10, )6 clarifications, claims and disputes .............. ... ). t i, 1 L2, 12 Comm enccnl ent of contract 'fimcs.. 23 PleCOnstructicll Confcrcaloc..... ....................2.8 _......_.._ schc(lulcs.,.................. .................. - 2.6, 2.9, 6.6 ,' 1 Stifling the Work ..................... ....................... 0 4 Title, Warranty of_...............................__...,...........iq.3 Uncovering Work.._ ...................._......... _........ 13. 5-13.9 Underground Facilities, Physical conditons-- definition of ......................................_........, IAI Not Shown Or Indicate(1................................... 4.3.2 Protection of ............. _.............. __...........,.4.3. 6.20 Shown or Indicated...................„.....................4.3,1 Unit Price Work.. claims..._......_.............._.........,....._.,......... 1.19.3 definition of .................................................... 1 A2 generals 19, 14.1, 14.5 Un it Prices -- general) 1..3.1 Determination far ............... ......._.................... 9.10 Use of Premises..., -....... I.. I .............. 6. 16, 6.1 S, 6.3n.2.4 Utility Owners.,, _............... l.13, 6 20, 7.1-7..3, 13.2 Ulilimlion, Partial .............. .....1,28, 5.15, 6.30-24, 14.10 Value of the Work _._............._ ......................... 11.3 ..... Valtm, Schedule Of- ..._.......................2.6, 2.5.2.9, 14.1 RJCDC GHNLRAI, C019131 1ONe 1910-e (199013M (lot,) lv/ C) IV Ol' );Olt'1COI,LINS A' IODIPICYTIONS (N;Y 9/99) Variations in Work --Minor Authorized...,... _.............................. G 25, 6.27, 9,5 Article or Paragraph Nulnlzr Visits to Site --by rNClNrrl:............ ...... 9.2 "'elver of Claims —on Final N'lBent............... ............. ....... 14,15 Waiver of Rights by insured par ties ..............„.,5.11, 6.11 Wal'I'anty and Ciaarantee, Ganel'al--by CON7RACTOR............................................... 6.30 Warranty of Title, CONTRACTOR s........................14.3 Wort: -- Access to ........ ...... ..............__ . . ............ ........_,13.2 Changesin thc............ .........._._....,............_.......10 Continuing the, ........................ .........................G.29 CONTRACTOR May Stop Work or Terminate.. .................................. Coordination of,.,.,,._..._......_..........._ ...,.....,.15.5 ............... 7A Cost of the..............................._...............,11.4-I LS definitionof........................._....,......_..............1,43 neglected by CONCRACTOIL..,......... _............. I M 4 other Work,..._ ................_.... OWNER May Stop Work ....... _..................... .. ..._.7 13.10 OWNER Mlly Suspend Work... __... ...... 13,10, 15.) Related, Work at Sitq.._.._............................ 7.1-7.3 Stallingthe.................................................... 2.4 Stopping by C>NTRX6TOR ............................. 15.5 Stopping by OWNER............_... _..............15. 1-1..A Variation and deviation authorized, minor.„,.,...., 3.6 Work Cb2nge Directive -- claims pursuant lo............................................. 10,2 definition of......................................................1.44 principal references to................„,...?,5.3. ]0.1-10.2 Written Arnendnlent-, definition ol..........__. _........ ......__................ 1.45 principal references to ... ...... ... t.11t, 3.5, 5,10,15.12, ........................ G.62, 6.8.2, 6,19, 10. I, 10.4, .. _........................ ), 1.2, 12.1, 13.122, 14.72 Written Clalificatloil5 aMt Interprolations..... _............._...__ 3.0.3, 9.4, 9.11 Written Notice Required -- by CONTRACTOR ..................._....... 7. 1, 9.10-9.11, .......__............ _.................. 16.4, 11.2, 12.1 6p OWD1F.P............... 10.4, 11.2, 13.14 �� 13!CIJC G!iNGitnl, CONDItYONS 1910-5 (1`J99 LDI"I'I OIJ) m/G17}� pP FORT"GOGLINS \dOt)119CA'rIONS (R1iV 9/99) SECTION 02500 QUANTITY ESTIMATE STREET a COAL BANK DR FROM REDMOUNI'AW DR TO WILLOW CREEK DR SQUARE YARDS 3740 COCI11 EOPA C'I RUDMOUN PAIN DR EASI'RNI) 1725 ORFFKS'IONE Fit RI )MOUNTAIN DR FJRI.DS'I'ONE OR 5474 CUCIIARAS CT REDMOUNTA1N DIt FAST END 1703 )ADFS'rONECI' R'ES1 END ORIEVIKSTONi Dig 986 KI:NOSI L\CP ItIiD MOUNTAIN DR PIKE, Cut SOU 111 I_264 LlFELi REAM C'I' WI'S'1'END _ --_ WGI"FERUORN DR 1382 MA BOON CI' WEST END WILLOW CREEK DIR 1643 MONN(CII CI --"_ CREF KS'I ONK DR SOU I'li END 1370 _ i'IKECIIt NORTH REDMOUM'AIN DR NKIi CIR Soul 11 1077 111 KE CI It soul I PIKE. Of It NOR I I i `T RED MOUN TAI N DR 1791 RED CLOUD Cr WISI'END WILLOW CREEK DR 1660 RIA)MOUN'FNNC'I' WKSI'ItNO Wfii TP:10101tN'Dll 3071 REDMOUNTAIN DR COAL BANK DR 1". IIORS1,1'00AH RI) 10553 URECI' REDMOUNl'AIN DR (!ASI'HNU 898 WE I I'ERI IORN DR COA I. DANK DRLl'f"I'LIi RGAIt 01' 3612 WILLOW OR FIX ))If RED CLOUD CI COAL BANK DR 5818 CEt1KARCI' CDS LA RKBUN'I'I NO DR 46707 1081 OOS14AWAK DR I.ARJWUN'TINO DR '10WHIRE ST 4008 HUMMINGBIRD DR W.'rROUTMAN PKY LARKRUNI'ING DR 5041 I,Al2KI3UN1'INCi Dit (INCl.l1D1iS2CDS) W.RAIUiONYRD S'1'N2FLOWER DR 12219�N OWLCT CDS-....._.._ WAItRIXIR DR 751 PIPI'1'cr I.ARK8UN'IING ))it CDS .... 1004 'I'OWHU8 SI LA R KRUN'I I NO DR GOSI IAWK DR 3585 WARBLER DR IV.ROU IMAN PKY '1'OWIE0i 8'1' 8183 --- 13RIARWOODCI' GAS TEND \WSl'END 3587'_ 571 13RIARWOOD RED A N ENU OI CUS N. MU613f:I212Y S'I' _- --_—__ 5593 W.MAGNOIJAC.'I' S. RRIARWOOD RD END 1191 W. OI.IVI?Of S_GI2IAILWOOD 1tD I?ND 1170 WOODFORDCI' S. BRIARWOOD RD END 1188 I �C RRADI3URY CE EAST END WE$r END 9'!OS 3127 CEDARWDOD OR W. PROSPOO. E RE) W. LAKE S'1' 2170 CLEARVIRW AV TCYPRESS OR DRQRIIALD DR 1824 UEERFIGLODR CLfARVIIWAV W.I,AKES'I' 3884 FLE171'WOODC'1' CDS --- --� W. IAKF. ST 1894 FLINIRIDGEPI, FASI'END WEST END 1174 KNOT WOOD CT WV LAKES I' CDS 915 LA I2BA7"D\C'f W. I,AKIi SI' OUS 122I S3'A DIUM CI' CUS VIRGINIA DAI.13 [)It 1362 111MRF,It LN W. GLILN9E'IN S'f CLEARVIEWAV 441) _ VIRGINIA DALF DR ___-- \VILUW0owu) PLEASAN'TVAI.I.EY Ito 8419 W. I.AKG S'I' DEEFItIELD DR S. OVERLAND Elk -__ 9065 WELLS FARGO DRVIRGINIA DALE DIi S. OVRR1.AN'D1'It '__---- 2909 WII,DWOOD C'I' W. LAKL'S'I' CDS 1190 WILUWOOD Ito VIRGINIA DALE DR WiS'I' LAKIi S'1, 2635 WIAIAMSBURG Cl' CDS WILDWOOD RD --_�811 _._.......�..._._..__ 49036 Page 1 of 2 (Thispago left blank intentionally) xvi EJCDC GH"WR AL CONDITIONS 1910.9 (19901iD1TION) m/ CITY OF FORTCOLLINS AJODIFICA'17ON9 (REV 9/99) GENERAL CONDITIONS AI2'1'[Ct,P: A--D1iIrL�1'1'IONS Whoever used in these General Conditions or in the other Contract Documents the following leans have the meanings indicated which am applicable to both the singular and plural thereof: I . Addenda--Writicn or graphic inslrmneirs issued prior to the opening of Bids which clarify, collect er change the Biddina Requncluents or the Contract Documents. L. 4greenrmrr—Thz written contract between OWN6B And COMI'RAC'I'Ol2 covering the Work to tat pertornhed; other Contract Documents are Attached to the Agreement and made a part thereof as provided theroin, 1.3, Application for Yavncol—The iblill accepted by 13NGINOI.R which is to be used by CONTRACTOR in requestinig progress or filial lmaymems find which is to be accompordecl by such suplwrting docwnentalion as is required by the Contract Documents. 1.4. A.5be)JOS--Any materiel that containsmnreth:m one percent asbestos and is friable or is releasing asbestos fibers Into the An Above current aclion levels established by the United Sla(es Occulmtional Safety And Health Administration. 1.5. 130-411e ofter or prol»sal of the bidder submitted on the prescribed form stifling forth the prices for the Work to be performod. I.F. Bidding Documends-'Phe advertisement or invitation to 131(1, instructions to bidders, the Did form, fold the proposed Contract Documents (including all Addenda issued prior to receipt ol'Bids). 13. /.Ridding RegWormem-:I'lie adveNlsinmt of invitation to Bid, instructions to bidders, And the Bid form. l.S. Bondi—Perpnmmnce and Payment bonds mid other unsuummrts of security. 19. Change 0i'der--A document recommended by B'NGINEER, which is signed by CONTPv%CTO12 And OWNLR ind ittlhorizes an a<kiition, deletion or revision in the Work, or an a<Ijus6nent on the Contract Price or tine Contract Times, issued on or after the Effective Dale of the Agrcement. 1..10- COnflVel Docnnrenlss-The Agreement, Addenda (which pertain to the Connmct Documents), CONI'RACTOR's Bid (veluding documentation Accompanying the Bid and art), post Bi<I documentation submitted prior to the Notice of Award) when attached as in. exhibit to the Agreement. the lgotice, to proceed, the Bonds, these General Conditions, Idle Supplenncnlary Conditions, the Specifications And the Drawings as the MCDC CLNMA1, OONDil'IONa 1910-S (1990 A(IlielA u/CITY OF FORT COLLINS Vd(1DIIr10A-ftONS (RVV ,nUtxq same are more spccifically identified in the Agreement, together will fill Written Amendments, (:hinge Orders, Work Change Directives, Field Orders and fiNGINEIiR's written interpretatimis Anl chn if cations issued pursuant to paragraphs 3.5, 3.6.1 and 3.63 on or IrAor the Effective Fite of the Agreement. Shop Drawing submitmis approved pursuant to paragraphs (i 2(i and 6,27 and the reports and drawings retcrred to in paragraphs 4 2A and 4 2.2 are not Conuact Documents, LIL Cow, Act Price --The moneys payable by O6Wi IR to CONTRAC"FOR for completion of the %XIork in accordance with tine Contract Pocumenls As stated in the Agreement (subject In the provisions of paragraph 1 19.1 in the case of Unit Price bvolk). 1.12. Connect Tinley --file numbers of deys or the dales staled in the Agreement: (i) to achieve Substantial Completion, and (n)to complete the Work so that it is ready fix final payment as evidenced by ENGhVE1:iR's written reconnnzndadnn of Lino] payment in accordance with Imrtgraph 14.13. ).13. CONf12;1C7()l2-=17te person, firm or coq:orition with whom OWNER his entered into the Agreement 1.14. defective —An adjective which when modifying the word Iklork rofens to Work Ural is ureatisf story, jollity or dolicient in that it does not conform to the Contract Dooklaleas, fir does not meet the requirements of any inspection, reference sfandird, test or approval referred to Al the Contract Documents, or has been damaged prior to 1311GIN131IR's recoumhendadon of Ann) payment (unless responsibility for the protection thereof his been assumed by OWNER at Substantial Completion in Irmndance with lxnagraph I U o' 34.10). i.li. Drawings --file drawings wlich show the scope, extent and character of the Work to be furnished and Inerformed by CONTRACTOR and which have been Prepared or approved by ENGIIQEBR and are referred to in the Contract Documents. Shop <hnwings ae not Drawings as so defined. 1.16 AWk-Uve Dale of the Agreement --The date indicated in the Agreentunt on which it lxcontes effective, but if no such date is indicated it means the dote on which the Apeement is sigtned anal delivered by the Insl of the two partios to sigm and deliver. 1.17. ENGINEER --!'he person, firm or coq)oration named as such in Ihr. Agreement. 1.I8. ENO1NE1fMy Car.suhanl--A lxrson, firm or mforition having a contract with ENG1NE1412 to furnish services as ENGWELR's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Rield Order —A written or(ler issued by hNG1N11812 which orders motor changes in the Wojk in nceordincewith paragraph 9.5 but which does not involve it change in the Contract Price or the: Contract Times, 1,20. General Requirement.% -Sections of Division 1 of the Specifications. 1 �l. liazartfous Idraste—'She lame llnxnrdous \Arrests shrill have the mcalung provided in Section W04 of Ole Solid Waste. Disposal Act (42 USC Section 6903) as amended fi'Om tittle to lillle. 1.22.a. Lrnnr and Replabons, Lams or lEagulafimis—Any and all applicable laws, lutes, regulations, ordinances, codes and orders Of any and all govenmmntal bodies, agencies, authorities and courts having jurisdiction. 1'22.6 L, gal Holit�.!s-shall ba those hglicivs obsened, b -the (a � o[fort cnlhm, 1.23. Liens --liens, charges, security interests or cncmnbrancas ulxm real property or personal property. 1.24. AQiledone--A principal event sfwcifed in the Contract Documents relating to in intelmediate completion data or lime prior to Substantial Completion of all ills Work. 1,25. Notice gjRlrmzl--A written notice by OWNER to Ole appaanva successful bidder stating Chit aeon conlphalloc by tire apparent successful bidder with the conditions pfeecdont enumerated herclo, within du tuno specifiod, OWNER will sign and deliver the Afficunlent. 1.26. Nonce to Proceed -A written notice given by OWNER to CONTRACTOR OR (wit)a copy to fiNGlN13f,1f) fixing the date on which tie Contract Tinies will conmlence to run and on which CONT'RACfOR shall .start to perform CONT1 AGTOR'S obligations under the Contract Docualonts. 1.27. ORINER—The public body or authority, coq)otMIM association, full or person with whorl CONTRACTOR his entcled into the e\gecmeat Ind for whom the Work is to bo Ixovided. 1,25. ParBial Ulifizaliorr—Use by OWNER of a substantially completed part of the Work for the purpose for which it is utiended (o) a lelaled puq)ow) prior to Substantial Completion of all the Work. 129. PC)3.c-1`olychlornmlc<i biphenyk 1.30. Palrolermr--Pevoleunl, including crudc oil of any friction thereof which is liquid at standard conditions of temperature and pressure (60 degme Fahrenheit. and 14.7 pounds per square inch abs(lltllc), such as oil, petroleum, Rued oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non-rlazirdous Wades and crude oils. 1.31. Pr'ojeel-.She total construction of which the \Vork to be provided uncler the Contract Documents may be the wholo, or I part is indicated elsewhere in the Contract Documents. 1.32n. Radioaclive Adaterial--Sairoe, .sfxcial nuclear, or byproduct material as dofined by the Atomic Triergy Act of l;:1CDC GI31`T;RAi.. COlaDtalON319105 (1990Ii<ftinQ loci l'l' or aO&a' COI.LI N3l,dOtNfICAT10N3 (llli\' aR00m 19.5.4 (42 USC, Section 2011 at sup) is amended born lillle In bale. 1.32.1). R�altn' Ilorki»vg_/I s-.-Requah, worlfing hours are define(I_-a;_70Q=pl.., to 600pm-_..mless otheg go siucttgl lain lh Uweral_ltcdunemunts. 1.31 Resident 74ofect Reprosemams =rhe authorized representative of I NGIN1.iliR who may he assigned to the silo or any part thereof. 1.334. Samples --Physical exaruples of materials, equipment, or workmanship that are representative of some portion of the Work and lvhich establish the standards by Which such porlion of the Work will ba judged. 1.3.5. ,Shop Dinarings--All drawings, (pilgrims, illusenuions, schedules and other (Ilia or inRxnlatical which arc specifically prepared or assembled by or for CONTRACTOR and submitted by CONTBAC'1.OR lu illustrate sonle portion of die Work. 136. Specifrcalionr—Those Imilions of the Contract Documents consisting of Written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the \Yogi( and certain a<Iministralive (Ietails applicable (heralq. 1.37. Abeontracror--An individual, firm or cwporation having a direct contract With CONTRACTOR or with any Other Subcontractor for the performance of a pan of the Well, at the site. 138. S'ubslan/ial Completion -the Work (ola specified part thereol) has progressed to the point wherq in the opinion of IiNGiNEER as evidenced by ENGINEEI2's definitive certificate of Substantial Completion, it is sufriciently complete, in actor dance with file Contract Documents, so that the \Vork (or sfocificd fart) can be utilized for Tire purposes for which it is intended; 01 if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by 13NGINLI;R'a written recommendation of final payment in accordance with piragriph 14.13. The tomis "substantially complete" and "substantially completed'• as applied to all or put of the Work mor to Substantial Completion thereof. 1.39. SSrpple+nwvmy Conditions -=The Imrt of the Contract Documenis which amends or supplements these. General Conditions, 1 A0. Supplier --A ntanuCicflrer, fabricator, supplier, (fismibutor, materiahnan or vendor having a direct contract with CONI'1'IUkC'1'OR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CON 'I'RACI'OR or any Subco ararctor. 1.41. iJnrlergrnand Facilities —All pipelines, conduits, ducts, cables, hires, manholes, vauhs, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been instilled underground to furnish any of the following sciviecs or materials: elwlricily, gases, steam, liquid pcnoletun products, telephone or 011ie) coal III unieatiorts, cable television, sewage and dramatic removal, traffic or other control systems or water. 1 42. Unit Price JJrak—Work to be paid for ou the basis of unit prices. 1.43entire completed construction or the various sepm a My idenli liable parts thereof required to be hvnishul under the, Contract Documents. Work includes and is the result of perforating or furnishing lobar and fnnishing and ineor7x>rating materials and equipment into the conshuction, and performing or furnishing services and furnishing documents, ail as minted by the Contract Documents. 1.44, Work Charge Direcere--A written directive to CON 'I'R4,C'fOR, issued on or a0er the E(Ieotive Date of Ole Agreement and signed by OWNER and recolnnlended by E1"G1NR13R, ordering an addition, deletion or revision in the Work, or responding to difthrang or unlbreseen Physical conditions under which the Work is to be perfoncul as provided in Imranraph4.2 or 4.3 or to emergencies under paragraph6.23. A Work Change Directive will not change the Contract Price or the Contract 'Panes, but is evidence that the larties aspect alai the change drected or dooumcaled by a Work Charge Directivc will be incotmaled un it subsequently issued Chango Order following negotiations by the parties as to its effecl, if any, on the Contract Price or Contract Times as provided in Imreyaph 10.2. 1.45. Written Amendrr,ew—A written annondmont of the Contract Do:xanents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and nonually dealing with the nonengineering or nontechnical rather than .silicify construction-relato(I aspects of the Contract Doc, umeuls ARTICLE 2--PRELIMINARY MA'PTER.S Deth,e,y gt(Bondr: 2.1. When CONTRACTOR delivers the executed Agreements to OWNP.R, CONTRACTOR shall also deliver to OWN13R such Bong Is C0NfRAC'r0R may be squired to lumish In accordance with paragraph 5.1. Copies nfDocmaealr: 2.2. OWNER shall fbmish to CON'f12AC'1'C)R up to ten copies (unless otherwise slaroifieel in the Supplennenlary Conditions) of the Contract Documents as are reasonably necessary for [hc execution of the Rrurk, Additional copies will be furnished, upon request, at the cost ofrepro(luction. Cornraencun+eor Of ('oatrIld Tinres, NOrice to Awceedd 2.3. The Contract Times will continence to run on the thirtieth (lay after the Effective Date of the Agreement, or, 67CDC GENERAL CONDITiONY 1910.a (1990 P.dilloa) w/ CIIT 01' 1'01ll' COLU M MODIFICATIONS (REV 4r2000) if a Notice to Proceed is given, on the clay indicated in one Noice to Proceed. A Notice to Proceed may he given at any tune withal thirty (flays after the 13dec(ivc Date of the Agrcemant—klr-nn—event—jvill—theectiverDate ftae cnsttanenue-to-ran-lote�thno-lhe-si�FieNf-({ay-after-ihei{Iry� of -Bid opening-or-the-ttunieth-day-alter the-1311'eetive-Date of - tile -Agreen s t.whiehevet-dateis-earlier- Staling Use II'mAc 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Tunes commence to our, but no Work shall be done at the site prior to the date on which the C;ontrnet'I imes commence to run. licfae Sbnliag Conalraclion: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study mill compare the Contract Documents and check and verify perlirncal. figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENIGMEER any conflict, error, ambiguity or discrepancy which C0NT1Zb,CI0R may discover and shall obl.un It writtcn interpretation or clarification from ENGINEER before proceeding with say work aff icteO thereby; howover, CONTRACTOR shah not be liable to OWNER or IiN0INEEI2 for failure to report any conflict, error, ambiguity or discrepancy in the Contract DMIlinclas, unless CIONfRACf0R knew or reasonahly should have known thereof. 26 within ten days after tine Effective Dnte of The. Agreement (unless olhclwise specified in the General Requirements), CONTRACTOR shall submit to Ii;NUMNER for review: 2.6.), a preluvinmy progress schedule indicating the times (ntnnbers of days or dates) for starting and canlpleting the various stages of the work, including any Milestones specified in, the Contrail Documents; 2-62 it prclaninat)' schedule of Shop Drawing and Sample subIllalils which will list each required subnnillat and the bones for submitting, reviewing and processing such sutuuittal; Ili no -else lvjll- It ..-gehedul,... he acceptable wluch allows less Ilion 21 calenda cla yr s for each revtav by Fngineer. 2.6.3. A prelu ineiry schedule of values for all of the Will which will-inchtde quantities and prices of Arms aggregating the Contract price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments (Turfing construction. Such prices all include an appropriate amount of overhead thel profit applicable to each item of Work. 27 Betore any Work it the site is senbal, CONTRACTOR and-61UrNRR shall eneh deliver hi the other OWNMR, with copies (I)each-t(Idihorna{..inaired klantifie(din-The ENGjZ l?QR certificates of insurance Card other evidence of insurance avhich—eitivw�—<r�Ihant—�r—anwftddilil�aa I—ittsura<I—m;ty raaa<?naby�-ru<luest requc5te<Iby ( A!N?Iig) which CONTRACTOR-anc'!-Ql>,rNS3R—tasl?asEiwely-are is r,xuil,(I to purchase am(I maintain in accordance wish paragraphs 5.4a;.6 auc13-7. Prccmtsfrvc(iaa Cmrfcrence: 2.8. Within twenty days after the Contract Traces Stan to ran, but bef le any Work at the site is stilted, a conference attended by CON RAC'T(OQ, LNGINlihlt and others as appropriate will be held to establish It workingunderstanding among the, parties as to the Work and to discuss the schedules rclened to in pragraph2,6, procedures fur handling Shop Drawings and other sabot ittals processing Applications fmpayment and mainmining requ ire(I records. IrtitiaJlyAcceplaGla SeGerhdes: 2.9. Unless otherwise provided ill the Doounwvns. eHCast-tenK7evs-ire(hre-subaaission a conference attended by CON'11tAC1'OR,P;NGINLGR nxl others as spHrc->Nriatb tar si-'�laad by O\ATTf;R, tvil( be held to review far accel?tability to 1"sNG1NE1'sR ,, provided below the scha<lulcs submitted in accordance with s.vre r nru,r �n< snarl nave on additional ten days to make corrections and adjustments an([ to complete and resubmit the scho(lules. No progress payment .shall Ile made to CONTRACTOR until the schedules are submitted to rind acceptable to IiNGI'NHER as provided be)o\w. The progress schedule will he acceptable to ii14G:I1J1ifiR as providing an orda9y progression of the Work to completion within any specified Milestones and the Conta'act'I'imes, but such acceptance will neither impose on GNGINLER resp<msibility for lire sequervorm , scheduling or progress of the Work nor itnerfere with or relieve C'ONTI2ACTOR front CONTRACTOR's fill res)?onsibility theretbr CON7RACTORIs schedule of Shop Drmving an(1 Smnple submissions will be acceptable In 13NGINI TiR as providing a workable anYmgemetn for' revioving and processing the required submittals CONTRJICTOR's schedule of values will be acceptable to IINGINT73R as to form Coll substance,_ ARTICLE 3--CONTRACT DOCUMENTS: INTENT, AMLNDIiYG, IYEUSl: rnrenr 3.1. The Contract Documents comprise the entire agrcement between OWNLR allot CON'1'RACTO)2 concerning [lie Work. The Contract Documents are complementary; what is called for by one is as binding as if crdlcol for by all. The Cantmlt Doeumonfs \will IV conshuod in accordance with the law of the place of the Project. 3.1 It is the intent of the Contract Doeumcmis to 1-!CDC GCNRRAL COtAJMOMS 19103 (Logo Gditi ,a) Wall YOP I>Olt'i COLLINS Mon"',A'I'tONa (ttLV 4/2000) describe a functionally complete project (o) part then'eoO to be eomine.led in accordance with 1110 Contract Documents. Any Work, materials or equipment that ntay reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether of not specifically called for. When woods or phrases which have a welbkno\wn technical or construction industry or u'a<le meaning are used to describe Woik, ninterials or equipment, such words or' phrases shall be i,elpretcd in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by 1?NGINEE12 as provided ua paragraph 9.4, 3.3. R'ference to Slaa(kl'ds and Speciificellials If Tecdnical Soeieries; Reporting anal 12esa/vbng Discrepaneiear 33.1. Reference to standards, specificitiolrs, manuals or codes of any technical society, oiganiumion or association, or to the La\vs or Regulations of any governmental authority, \whenter such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the little of opcnino� of)dids (or, on the LtfIoCtive Date of the Agreement if there were no BON), except as Cray be otherwise spwitically stated in the. Contract Documents. 3.32 if, during the perforntance of the Work, CONTRACTOR discovers any conflict, error, mnbiguily or discrepancy within the Connect Documorls or between the Contract Docunenls and any provision of any such I.a\v or Regulation applicable to the performance of the Work or of any sucll standard, specification, nlmrua) or code or of any instruction of any Supplier refen'ed to in paragraph 6.5, CONTRACTOR shall report it to lNG1NEER in writing at once, and, CONTRACTOR shalt Col Proceed with The Work affccicll thereby (except in an emergency as authorized t>y paragraph (i 23) until in amondalent or supplement to tile Contract Documents I as been issued by one of Iho methods indicated in paragraph3.5 or 3.G; provided, however, that CONTRACTOR slysil not he lial>lo to OWNER or ENGINEER Tor failure to repon tiny such connicl, error, ambiguity or discrepancy unleas CON R ACTOR knew or reasonably should have known thereof. 3.3.3. Except as otherwise specinctdly stated in the Contract Documents of as may be provided by amen<lntent or supplement thereto issual by one of the methods indicated in paragmph3.5 m 3.6, the provisionu of the Conlmct Documents shall take precedence in resolving any Colin let, error, umbiguily or discrepancy between the provisions of the Contract Documents and; 3.3.3.1. the provisions of any such sundm'd, specification, manual, code or instruction (whether or not specifically incorporated by reference ill the Contract Documents); at 3.3.3.2. the provisions of any such laws or Restlmions applicebie to the performance of the Wort: (unless such an ineq)rehnion of the provisions )[tile Contract I)neum.oat, would "all in violation of such Law or Regulation). No provision of lury such standard, spot 1w,lion, nlsnual, Code or instruction shall he effective to change the duties and responsibilities of OWNER, CON'fI,%C'1'OR or ENGWEER, of any of their subcontractors, consulters agents or employees from those set forth in the Connect Documents, nor shall it be oil ,ce ive to assign to OWN'E12, ENGINEER or any of ENGINEER's Consultants, agents or employees any duty or authority to supervise cr direct the famishing or lierfonmmce of the. Work or any duty or authority to undertake, responsibility inconsiswi t with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3.4. Whenever in the,. Conuect I]oamnnents the teens as ordered", "as directed", "as required" "as allowed" "as aPprovecf' or terms of like effect or Smport are used, or the a4lecuves "recsonable" "suitable" "liccepablo" "prolx;r" or "satisfactory" or adjectives of lilts effect or ilnpolt are used to describe a requirement, direction, review or judgment cf ENGINEER as to the Work, it is intended Ihnt such requirement, drecholr, jongew or judgment will be solely to ovaluatc, in general, the completed Work for compliance with the requirem cols of mud information in the Contract Documents and conformance with the design cwrmepl of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). 'The use of any such teal or adjurivc shall notbe. effective to assign to ENGIIdERR any duly or authority to supervise or direct the famishing or performance of the Work or any duty or authority to undertake responsibility conhary to the provisions of paragraph 9. t3 or any othet' provision oC Ilru Contract Documents. Amending antiSuppknrerrring Contract Documents: 3.5. The Corlract Documents play be anneluded to provide for additions, deletions and revisions in the Wort: or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a foetal Written AnenMonl, 35.2. it Change Order (pursuant to paragraph 10.4), of li1CDCGGNriRAf. CONDI7lOhS 1910.5 (1990 &litter) "'a IV OF PORT' COMANS NIODWIC.A'ROi S (RF.V VZ000) 3.5.3. a 1uo'k Chang 11antctive Onasuanl to paragraph 10.1). 3.6, hl addition, the iquirernents of the Contract Documents may I)e supplemented, and minor variations and deviations in the Work may be auhoriud, in one or morn of the fo➢owing ways: 3.6.1, A Field Order (pursuvm to paragraph 9.5), 3.6.2, EiNGINERR'.s approval of n Shop Drewirte or Simple (pursuont to paragral>bs C 26 and V), or 3.63. 6NGINIai12's wrilton inte'proauion or clarification (pursuant to Imnagraph 9.4). Rea.se o(Docuue nv- $ , CON'CRACTOR, and any Subcontractor or Supplier or other person or organiadion performing or furnishing any of the \Volk under a direct or indirect wntraet with OWNER (i) shall not have or aaluire any title to or ownership rights in any of the Drawings, Specifications or other documents (OI' copies of any Ihereol) prepared by or twaring iho seal of ENGINEER or ENGINrErER's Consultant and (h) shall not reuse any of Such Drawings, Specifications, other documents or copies on extensions of Ole Project or any other project without written consent of O\s,'nrER and ENGINEER and specific written verification ar adaptation by ISNGINEEI2. AR11CL11, 4- AVAiI,A131LPPT OR LANDS; SUBSURFACE AND 11 SICAG COPU)IT.IONS; REFERENCE POINT'S Availability ofl ands. 4.1. OWNER shell famish, as indicated in the Contract Documents, the lands upon which the \\fork is to be f>crromncd, rights -of -way and casemers for accost; thereto, and such other lands which are desigmted for the OWNTER shall identify any encumbrances or restrictions nut of general application huh specifically related to use of lands so furnished with which CONTRACTOR will have to cal ly in performing the Work. liesemil for 1xnalneal structures or permanent changes in existing facilities will be obtained and paid for by OWNER, a films otherwise provided in the Contract Documents, If CONTRACTOR and 0AINEIZ, are unable to agree on entitlement to or the amount or extent of ally n iustamm in the Conu'act Price or the Cbnlctsct Tivas as a re uh of any delay in OWMMR's famishing ihcsc lands, rights,of way or easements, CONTRACTOR may make it churl therefor as provided in Articles 11 and 12. CONTRACTOR shall provide for all additional lands and access thereto that 'Illy hee required lot temporary cotlsiruclion facilities or .storage of materials and equipment. 4.2. Subsrufice and Physical Conditions. 42.1. Reports and Drawings:, Reference is made to the Supplementary Conditions for identification of 4.2.1.1. Sub.s'ur(aee Conditions: Those reports of explorations and tests of subsurface conditions at cr Contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 42.1.2. Illusical Condilionr: 'Ibose drawings of physical conditions in or rclatirg to existing stmfice or subiaurace, straclures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in prepming the Contract Documents. 4.2.2. Limited Reliance by CONMAC701? Authoriaed,- Technical Dales• CONTRACTOR may rely upon the general accuracy ol'tire "technical dam" contained in such reports old drawings, but such reports and drrnvings me not Contract Documents. Such "tecivucal data" is identified in the Supplementary Conditions. Except for.stali reliance on such "technical date", CONTRACTOR may not rely upon nr make any claim against OWNER, ENGINI3P•R or any of I'NGI,NEIIR:s Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CON'1'12AC MR's putposes, including, but not limited to, any aspects of the means, methods, technirgies, sequences and procedures of construction to be employed by CONTRACTOR and safely precautions aml programs incident thereto, or 422.2. other data, interpretations, opinions and infommtion contained in such reports or shown or indivalerl in such drawings, or 4.2 3. any, CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or nuormotiom 4.2.3. Notice of Diffi ing S•ubsarJaca or PhluIcut Conditions: If C(N•TRACT012 believes Ihnt any subsurface or physical condition at or contiguous to the site that is mncovered or raceelall either; 42.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 421 and 4.2.2 is materially inocclnate, or 42.32. is of such a nature as to require a change in the Contract Documents, Ca 4.2.3.3. differs materially from that shown or HICDC GLNR[{Al. COT9Ji7'IONa 19tPS (1990 LAitimQ x9 q'lY Of pOR'f COr.LIN3 MODII+ICA'rIONS Otnv a2000) indicated in the Contract Documents, or 4.23.4. is of an unusual nature, and dilfcrs materially from conditions ordinarily encou iciad and generally recognized as inherentun work of tln: character provided for in the Contract Documents; then CONTRACTOR shall, pmaptdy inlmedia� alter becoming aware (herwf and before Curther disturbing conditions allected theroby or performing any Work in connection therewith (except in an emergency as ix+nnilled by paragra))1023), notify OWNER and IINGINEER tun wrrtwrg about .such condition. CONERACI OR shall not Arnim disturb such conditions or perform cry Work in connection therewith (excgl, as aforesaid) until receipt of written order to do so. 4.2.4, AM ATER's Reviem: MO WEER will Promptly review the Pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a Copy to CONI'12ACTOR) of ENGENEER'a findings and conclusions. 4.2.5. Possible Contract Documents Chance. If 14NGINEER concludes that a change in the Contract llocuments is reyuirW asa result oCe condition That meets one or more of the categories in paragraph 4.23, a Work Change 1: ucklive or a Change 01der will be issued as Provided in Article 10 to reflect and document the consequences of such change. 42.6. Possible Price and Timer Adju.rlrnenls: An equitable adjustment in the Contract Pnee or in the Contract'rinies, of both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR'.s cost of or time required for pedornumce of, the Work; subject, however, to the col lowing: 4.2.6.1. such condition must meat any one or mote of the categories dess;ribed in Inuagraphs 4.2.3.1 through 4.23.4, inclusive.; 42.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to ally such adjushuenC 42.6.3. with respect to Work that is Paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the Provisions or paragraphs 9.10 and 11.9; and 4.2.6.4. CONI'RACMR shall not be entitled to any adjustment in the Contract Price or 'f ices if; 4.2.6.4.). CONTRACTOR knew of the existence of such conditions at" the time CONTRACTOR made a final cuumihmwit to OWNER in respect of Contract Price and Contract Times by the submission of a bill a becoming hound under I negotiated comracl; or 4.2.6.4.2. the existence of such condition could reasonably have been discovered or revealed as a rerun of any examination, investigation, exploration, test or study of the site and contiguous areas requirod by the Bidding Requirennen(s or Contract Documents to be couducled by or for CONTRACTOR prior to CONTIZACTOR's making such final commaiuuent; or 426.4.3. CON 'fRAC'fOR failed to give the written notice within the time and as required by Inragraph 423, If OWNIiR laid CONl'RAC 'I OR are unable to agree on entitlement to or as to the autount or length of any such equitable ndjusunent in the Contract Price or Contact Times, I claim may be made therefor as Provided in Artiehes 11 and 12. however, OWNER, LNGINLRR aril )iNGINBRR's Consultants shall not be liable to CONTRACTOR fir any claims, costs, losses or damages sustained by CONTRACTOR it or in wrincetion with any allies project or anticipated prgjed. 4.3. Phpsical Corufifions--UndeTround Frtailiticr: 4.3.1. Shoan Or Indicated. The infonuatiou and data Shown or indicated in the contract Documents with respect to existing Underground Facilities ill or contiguous to the site is haserl on information Ind data tunushed to OWNER or IiNGINtitiR by the owners of such Underground Pacilities or by others. Unless it is olhcnvise expressly provided in the Supplennentary Conditions: 4.3.1,1. OWWNLR and EMINSIiR shall not to responsible for the accuracy or completeness of any such information or data; and 43.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR Shall have full reslxansibility for: (i) reviewing and checking all such ird'onnation and data, (ji) locating sill Underground 1'raoililies shown or indicated in the Contract Docunnents,(iii) coordination of the Work will' the owners of such Underground Facilities during construction, and (w) the surety said proleetjon of all such Underground Paoilitics as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 43.2. Alm Slaisme or lndicaim. If an Underground Facility is Uncovered or revealed at or contiguous to the site which was not shown or indicated in tine Contract Documents, CONTRACTOR shall, promptly innnetlia(oly after becoming aware thereof and before firum disturbing corxlilions affoct,d thereby or lerfoluling any Woria in connection therewith (except in an emergency its required by parugotpl16.23), itlmnify the owner of such Underground Facility and FJCDC GGW aAL CONDITt0IJ.51910.4 Cl 99n Fdlanui w/(1tl' OP PORT cULi.INS MODIIICn'I'IONS (Rry d/.>.0on) give written notice to that owner and to ORrNLR and .GNGIIIJE R I"WGIMsRIC will promptly review the Underground Facility and determine the extent, if any, to which a change is requited in the Contract Documents to re0ecl and docuneol the consequences of (lie exislcuce of die Underground Facility. If RNGINiIiR wncludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order Will be isstwd as provided in .Article 10 to reflect and document such consequences. Durirg such time, CONTRACTOR shall he resporuiblc for the safety and Protection of such Underground Facility as provided in panigmph 6,20. CONTACTOR shall ally be allowed In increase in the Contract Price or an extension of the Contract I nueSs, or both, to the extent that they are ,it, ibulabie to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and weld not reasonably have been expected to be aware of or to have anticilleled. If OWN?'l2 end CON'1'RAC'f m are unable to agree on entitlement, to or the amount, or length of any such adjustment in Contract. Nice or COmllect Times, CONTRACTOR may make a claim Therefor as provided in Articles 11 and 12. however, OWNER, ENGINEER suer LNGINLER's Consultants shall not be liable to CON'I'RACTTOR for any claims, calls, taros or damages incurred or sustained by CONTRACTOR on or it oormeclion with any other project nr anticipated project. Reference roinxc• 4A. 01\11\113l2 Shall provide engineering surveys to establish reference points for construction which in BN(hNEliR'S judgment are. necessary to enabhe CONTRACTOR to orocwtl with the Work. CONI'RAM OR shall be reslxrnsible for laying out the War , shall protect and preserve the established reference ixamts and shall make no changes or relocations without this prior written approval of OWNER CONTRACTOR Shall report to rNOWEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible tar the accurate replacentem or relocation of such reference poapta by professionally qualiijed Personnel, 4.i. Al beslog PCBs, Petroleum, I/azardotes Ipas(a or Radionclive Mate, fal: 4.5.1. OWNER shall be responsible for ;any Asbestos, K13s, Petroleum, haaardous Waste or Kadiomclive Material uncovered or revealed nl. the rile Which was not shown or indicated in Drawings or SI %iljcmlions or identified in dle Contract Documents to bo within the scope of the Work and Which may present a substantial clanger to pmsons or property exposed thereto in connection with the 1Vark at tine site. OWNER shall nor be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. -0-53--}I-after-w+ueipl-.01'-such-special-written-noliue G041II-Ak, fOli eloes-rwt-agree-Io-resume-such-+work insect-err-a-reasonahl� lxiieC-iltis-unsttk; wrydcrs"Flt agave-ta--restaue-su(,h--144+rk--undia--suety-sfwe ei conditions -then 0l.VN]?{2-Wray-or<ler-such-IxnAioa of the-AVorlc-thnf,is-iu-cr+nneeti<nn-with-suela-haaa+cl(tus condition OF -in such -affested-area-to-be-deletedd ono the-lVorle:12-end-('ANT IiAGI{>7F-cannot agti`aril(�emiNetucut-ki %4hcvtntouut-enr-exteut-o€an adjusunenl; if-any;-inl orurret-Price-o' contract -Animas ns-n{asult-oF delatiug-sudrpolliom of-theAvorl<-,than oidtar�yah)yany-make n�;faint-tlter+,fer+a-prawided-ifi Articles-I-1-and-I2.- e-ravels deleted {aarfion-oft{n�,Von{;-{xrfotinec#-by-O\VAg51l-'s-owu forces -or others in-meordanee-with Article-7- own-negugellm 4 53=1410yfmo+w;ions-oP-{mrn£anphs-A-'3.nnek4-lyric noHntentde(i-to-apply-tu-ASbesh35-PC-}3s;-PeErrmleunr; or-roveilled Wes". icar-lFneliik�¢rive-A'fnleritd-unconored <v rcvealed�a(-thusile: 1; TCDC OGNHRAt. CONDMON31910 S (1990 Q'raiva e9('I'rY OF rO1CP COMMIS MODIFICATIONS REV 40000) ARTICLE 5-13ONDS AND INSURANCE' 1'erfnrmm�ce, Pnvuteu(nnrf 01her /3onrls: 5A. CONTRACTOR shall famish Parformmtce Ind Payment Bonds, each in err amount at least equal to the Coruna Price as .security for the faithful parforntnnce and payment of all CONI'RAC'fOR's obligations under the Contract Documents. These Boncls shall remain in effect It least untif one year after the (late when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Conb'act I)oountenis. CONTRACTOR shall also furnish such other Bonds as ar'e required by the Supplementary Condilions, All Floods .shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in tile, auoart list of Tontpmies Holding Certificates of Anthwity as Acceptable Sureties at Pedaral Bonds and as Acceptable Reinsuring Companies" as published in Circuler570 (amended) by the Audit Stall; Bureau of (rovemment Financial Operations, U.S. Tr"sury Depanntent. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5,2. If the surety on any Bond tumished by CONTRACTOR is declared a bmdctupt or becomes insolvent or its right to do business is terminatect in any state where any part of the prgject is located or it censer to meet the requuenients of paragraph $.I, CON'f12ACi:OR shall within ten days thercaRer substitute another Bond and safety, both of which must be acceptable hn ObVMiR. 5.3. Licensed Surefies and Lr.uuerx'; Celli17, crdes of Lrsaonnce: 5.3.1. All Bonds and ireeno tce required by the Contrnet Documents to be purchased and maintained by OWNTP or CONTRACTOR shall be obtained from surety or insurance warplanes That are duly licensed or authorized in the jurisdiction in which the Project is lomded to issue Bonds or insurance policies ibr the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplcaucnlary Conditions. ns. 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, Cadficatos of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CQNTTRACTOI2 is required to purchase and nuenhtin in accordance with awnuranh s a c#tirNl:a1_�Mo II C,'OATRilCTOR's Liabillfp Insurance: 5.4, CONTRAC'JOR shall purchase and maintain such liability and other insurance as is appropriate for the Work loving lxrl'orlled and furnished and as will provide protection 6'om claims set fords baloty which may arise oil Of or result front CON'TRAC"I'OR's pelfonnance and furnishing of the Work and CONTRAC1'OR's other obligations under the Contract Doctocent , whether it is to IV perfomte(1 or furnished by CONTRACTOR, any Subcontractor or Supplier, or b)' anyone directly or indirecily employed by only of then[ to perform or flmtish any of the fork, or by anyone for whose acts any of thorn may lv liable: 5.4.1. claims uncle) worker compensation, disability benefits and other sus ilir employee benefit acts; 5.4.2. claims for damages because of bo(lily injury, occulletional sickness 0, disease, or death of CONTRACTOR!,; employees; 5.4.3. claims for (tonnages Iacause of bahly injury, sickness or disease, or (teal), of any person other than CONTRACTORs employees; 3:fir:4--cAaeux- (oY-cletYmgv�:;-insured--by--6u4. otnnv} pars(�Yx{ynjury-}iubilily-'overage lvhieh-fire-.susbutieti, (i)-#3)'-AlYy-pC45(in�Y.:-N-IGSW{ l-tYfif lY-0{IUYSe-khYJCt#)'-(iF indirectly-Itlnted too a, emplo)vuent of -such -person by Gl�Nt1=1bAETAR;-o�(-x}lay-nay-olhoYyaew;fin-fief-mu)• of#fert�risony S.4.5. claims for (lantages, other Ihall to the Work itself, because of injury to or destruction of tangible 17)'olrerly wherever located, including loss of use resultingtheldlom; and 5 4 G. chins for damages because of lwdily injury or dceth of any person or properly dantago arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by Ilus paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by Ix"olgmphs .SA.3 through 5A.6 inclusive and ..S q9, include its additional insureds (subject io any customary caolusion in respa;l of professional liability), OWNER, ENGINEER, INGEErR!s Consultants ml(I any other persons or entities idenlifie(I in the Supplementary Conditions, ail of whom shall lx listed as additional insuroclg and include covernge far the respective officers and employees of all .such additional insureds; 5.4.8. include the specific coverages and be written for not less than the lint its of liability III ov idod in the Suppleuncniary Conditions or requued by Laws 01' Regulations, whichever is greater; SA.9. include completed operation insurance; rUMC CGM:IL9• CONDIll0NS 1910.s (I'J90 Gditimtj w/(,IT}'OFFORT'(MIA N.SMODIF'ICR17ON5(MV4R000) SAW. include contractual liability insurance covcrine CONPRACI-OR's indemnity obligations under paragraphs 6.12, 6,16 and 6.31 through 6.33; 5.4.11. contain a provision or on(Iorsentenl that the coverage afforded will not be cancelled, matefially changed m renewal refired until st least thirty (lays' prior written notice has been given to OWNbR and CONTRACTOR an(I to eneh other acidilional insured identified in the Suppleinentmy Conditions to whom n certificate of insurance ])as been issued (and the certificates of insurance furnished by the CON 'IRAC 'fOR pu norm to paragraph 5.3.2 wi 11 so provide); 5.412. rennin in effect at least until final payment and at all limes thereafter when CONTRACTOR may be correcting, removing or replacing defecloc Work In accordance with para;,>raph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written oil a chins -nude basis, remain in effect for at least two pears after final paynenl (and CONTRACTOR shall furnish OWNER and each other additional insured idenified in the Supplementary Conditions to whom a certificate of Insurance has been issue(I evi(lence satisfactory to OWNER and any such additional insured or continuation of such ilswance at final paynent and one year thoreaft,a)). OJVIV CRly Liability IIowan..: 55. in addition to insfnnance required to be provide(I by CONTRACTOR under paraginph5A OWNER, at OWNLiRs option, may purchase and mainiflin nt OWNER's expense OWNBR's own liability insurance as will protect OWNER against claims which may arise front operations under the C(attract Documents. Properly Insurance: 3.6:---kin#ass-otHerwise-;)Warded-ila-t#Yu �1Yfapleme+eteiy (-�Ofrdl{tUn6�{�WNiyR—giro#{--pHl'6IiW5c-tifl({-�'Itnmtflllt raspek)y-ineHrnn(+e-Hpon�Y#Yali'or#i a1-the-rile-in-(he+rmoHnt of-the--full-replaecwaent-sari,-...t{aoreflf {sHF�ject-n>-sWch dP.dWCHF)Il flitlflHFll5--f14-nli1V--be---1)FF)41 <E(}--nY—the Supplementary- Gondition5-or-required -by-Lonve-FBd R�eukYFiaiYs)-'R-his-ifnsutrinco-shfd#; -inelude-ale---uYteresty—c+f--OiXR3I=R; GON4!RAG'TORrr.......Sulaount+;letofs,..--_IiN6FPAil:Xr EN16d?�9;LR's-Sensnitunts-xt:d-na}�.ofloeFpersons-or each o -i holnfie(deallied Sut�plrauantary-Gonditimss; eac}t-Wt when-isdeemedtwltflve�fn-insurable-interest nmd shn 11 be -listed -its -an insured -or additional.insured; -be-xri Ilan-on-a-h3ui Ider's-Nish-'mil{-risk"--er W1aen-pall-eF-slsaoJnl-causes-o€-less-1»hey„fmiH-ikni S11Fl}I_fit-aCPSHHGhi<I(i-InfiHriln&i-f(i(-pIa}ySi3al-lOSS-eF dnnrngato-Ihe-ll�rk-tefulaxary-buildings;-fnlsewerk and Work in-xansh tad-shall-unsure-against-n4-{e.mt the--iellewiifg-{aerils=--Lire, - lightning,-exiendeel SECTION 02500 QUANTITY ESTIMATE S'r12F.CY APPALOOSA C'I' �— FROM NOR'I'N [;ND .__._.._ TO SOUI If MIND SQUARE YARDS 4a43 BLUE MESA AV _.— COLONY DIt _.m CUS 1961 COLONY OR W. SWALLOW RD ULUEMBA AV _— 4632 COCI'Ci CDs _ W.SWALLO\V I2U 95] CONESTOCA C'I' NOR HI END SOU 'I'II END 4107 CUM BE BLAND CI' NORI II END SOUL II END 3700 PItONTIEIi C'I' CUMRGIIi.AND C.P COS 1211 I IOM US I' LA I) C'1' COLONY OR --- COS 1641 PLACER CT CDS \V.SWALI,O\V 1tD --. -- ,I;;] RUSTIC Cr —_CDs NOR 'rN END SOUTH ENU _--- 4099 LUNI(A SOIITI I COLONY DItINlliIiSECT10N 6S•10_—__ 35315 (CITY STREET TOTAL 1 V66.i9 Page 2 of 2 faveragu-tlretl-i�(rnda lisxrnnd....rnulicious-ixiscJtizf; c�;cnsiwensluuk e,--frjlloysar-debras-Pomova7-Aeruralitieui orned-by-mrforesreexr-ol=haws-nn<1-12 owrMWons; orator-cLunoga; -nnd--such-otkeo--{arils-as--maybe spe ificallyxahuired-by+-tMe,`•;ulayferuerttacy Gendinens; 5AA:-inelude-expenses-incurred -in- iha--ra{rate-or acplteext ent<U=any-insurzdpropoviy-(inehading taut -not tuchileels).-fens-(and-el3nrgos--of en�ixaers-end arodtitoele); o:(n"11 1her xtuia}soxd ze(tri{aaanEstorfd-aH}aa-sits oral-anelherloeatiorrlhat-was-agreed-totin-ieeituro-by (�LVI4f3Ryardor-ta-Phials ine<>u)>orafed--in-tha-Work; InclUcled-in-an ucMxa boon s-axd-ee{uiyrnznt havz laean aneluded-in-an-.4ploldc-n6ion{iarPayment-reeornrnended by-PNG1?JLhRwnd 3:Ca,5-lx�nnintained-in-ellL+cl-wrNl-f+nnE}mymenHs mnde-unless- otherwise--agee(1-9ef--in-writing -by 4?lVulil2r-G-()N:1=P 4G?{�12--and-l+.�Ji�IIsrCCS7F-w.ith IhiRy-rdnj�-wriNee-iacatiuts-io�nfk-e4ker-rrdelikionni insured-to-wlsoma-eentifivah-ul-Ltsuranee-has-Iren issue<1- 3.7—Aa>r?�tE32-e}aell-yurelaase-and-xtainlain-sue7a-{aoi{er nnd-nnrc-hixerytinsurancm.af-addiFiann6-yrolwrtj-iruuranee as-txty�be-tee)uuul-lay-Nae-;;ehtohnaaenrnry-GunditioKs-or L-amps-muE-Ltegu3atic+ns-+5`laiela-will-ufelade-Aso-inlere56rof E-?WlJIsIZ 6AA7T72ACa'-f)!2; Sutafexlt:Flators;-FiArEiINPif,Pr, i:4NCFDlllil2's6onsultnntsan<I-any-othcryxrsoKsor entities identiGzd-iaa-thewNyletnentargK-:exdiiioK.s,-ouch-of whom isc7eemeebkahavean-insuiablainteres6arnhsHtlilaedieted-as nn-insured-or-nelelitionFll-insured: twni'MIA4-!-1, 5.9, OWNER shfdl not be resi msible lot purchasing* nnd maumniing any property insurance to protect the interes(s of CONTRACTOR, Suhconvackxs nr others in YI41-14-CON'F12AC'1'{�12-rec{uasts-nrwnling-I{axt_eI{ter spzcitl-irasurrannea-betixclu<IaA-ix-the-yropaN.i+tinstrrmna lxalisias-1arewdecl-undo-paww a{aha3G-car-3:7;-C-.U,VNLI2 54ani#-if-{>oxvible-include-suela-+Flsar�af aye -suet -the -cost thereof-u ell hzclknrgo(6to Q-)NTRAATOR by -appropriate Change- Orzlcr- -or-dYniten--fvuendment --Prior-lo 10 Ii1CpCOGA9iRAI. CO1.DI910A1S 19t03 (Ia901'!tliliar) ml CITY OIL tOR"f CCILLR<S MUDII'ICA"f10N3 (RGV A2000) a eontnozrwce- -/f-Ilae-Werlc nt-dae-site; AkVN]{12-sHxll-iK vriNn-(t(IV �ise-C-,r-)]\i1=12Ar'J�A72-wheF}reraat'nol-stork-(alhw insurnns+rherbeen-Ixestve<I-t3y-43WNEt� >:11:—Y4xv¢rUf�li<�r,ES'= Nayabls�randec nKyyao4isy-serissucd- 3,-1-1-?,--III addition, --O4VNL's12-waives--all--rietus ngMKSI--._(�` )�Li-12ft(n�-(�]7,--_.. Slabf(anCl(iCtnl'S; {3NCr11dfHii2-l3NQ?]NL^'fld�s- Consultants -and-the officers, Airefters,-unployaes-and �goKts-ef-nay+-of theme for, 344-2-1. Ose due 10 business-ualemaytierj-less of -usm-car--othw=caaxsoqucnlint-loss-z>;i�va(lixg lr3y,<md--<Jirest-i�hysicnl-los:;-er-clatxage-....le <)3rJR4'slt�-property--car-the--N4jr}-esnsecl-by; a ri.5ixg-out-eaf ea`-aevxkixg-(#ax>fio+-or-etlanryril; whether-tar-�aet-insKreel-by-AWN3:i{2; axd A;ay-insurnnoeixihey-.nminlnined-by-F?W M312-coverir;"„ i n'ftgl -dmnage-fx-ucaxsec{uontinl-loss-rafcued-to-in-dais {rx then{tFa3.1-1-u IM)'11-e<antOf snot rsron4ta-the-eliiet-dml m the c�+Gll-of pnymenU-oC-any-suah-loss; dmnngo-or censor{uenlial-loss-dhe-insurers will-htvc-no-ti hls-caf reeFlvety-aoninst-any-eFFCOr'a•1=R-AG'1'<�R-:-Sula<ontractors; 33NEi37atliG,&;-1dN6RJdiGi2's-6emsaltunls� nd-+ha-<jP+vvr4 direeli9rs; enilaloyeesand-agents-afimy-ot dtun: Recelpraudifpplicnrton oflosw•micel'rocc+edsd 5.12. Any insured loss under the policies of insurance required by paragraphs.5.6 and .5,7 Will be adjusted with OWNCR ands ads llayable to OWNRR as fiduciary for the insureds, as their interests may appear, subject to the requiremenls of any applicable mortgage clause and of INraglaph 5.13. OWNER shall deposit in a separate account any stoney so received, and shall distribute it in accordance With such agreement as the patties in interest rally reach. if no other special agneenaent is reached the damaged Work shall be rope fired or replaced, the mna)eys so received applied on account lharcof and the Well( and the cost thereof covered by an appropriste Change Order or Written Amendinent. 5,13. OWNER as fiduciary shall have power to adjust and settle ally loss with the insurers unless one of The parties in interestshall object in, writing within fifteen days after the occurrence of loss to OWNlil2's exercise of this power. .11 inch objection be made, OWN1311 as fiduciary shall make settlement Willi (hc insurers in accordance n•ilh such agreement is the parties in interest may reach, it no such agreement among the parties in interest is reached. O\AMIZ as fiduciary shall adjust and settle the Ions with the Insurers if) lot uuomst;-(-?iN1JGR-ns-tralucin-sMnl4-give-hoed-lot the lnopenyxh'leratencc-oFsuohaiut ies. Acceptance gl'13nnds and Insmwnce; Optiar to Replace 5,14. If eilhel imR)�(OWNT IZ2 r--CONTRACTOR) OWNER has any objection to the coverage afforded) by or other provisions of the ffonds�r insurance required to be purchased and maintained by the oilier —pear ty CONTRACTOR in accordance with Article 5 on Ow basis Of nnunconfoimanec With the Contract Documents, the nl Writing with the ecrtihchtes 2.7. Partial Ulilisarimo--lsraper(R Tasman(: 5.15- If OWNER finds it necessary to occupy or use a fortion or portions of the: Work prior to Substantial i'iJCDC 6GArRR:1r.007JUinok51910.5 (1990ISeiiiw1) nd (A'I'1. OF FOR) d;OLt.1 NS MODl6'ICA't 10TIS (ita9,We00) Cotnptction of all the Work, such use or occupancy may be accomplished Jr, accordance with paragraph 14.10, provided that no such use or ax:upancyshall continence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. 'tile insurers providing the property insurance shall consent by ntdor-semetH on the policy or policies, but the property insurance shall not be cancelled or Ixnnalted to (apse on account of any such partial ascot occupancy. ARTRAY 6-CONTRACTOR'S RESPONSUMATIES' Superni.tion and Superiarexdence: 6.1. CONTI:AC'1'OR shah supervise, inspect and direct the work, competently and efficiently, devoting such attention blereto and applying such skills and expertise as may be necessary to porfonn the Work in accordance Willi the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, tochniques, sequences and procedures of (xaral uction, but CONTRAM OR shall not he 1 u�pnnsiblc for the negligence of others in the dusipyn or .slecificatio l of a specific means, mothdxl, technique, sequence or procedure: of conshnell on which is shown or indicated in and expressly requital by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work eonoplics acalra dy With the Contract Documents. 6.2. CONfRAC'IOR shall keep on the Work at all times during Its progress a coulp tent resident superintendem, who $hall not be replaced without written nonce to OWNER and ENGINEER except under esn'aoniinap' circumstances. 'Ilm superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All Conununialtionx to One superintendent shall be as binding as if given to CONTRACTOR. Labor, DlateriaLs aid Ettiiprneat 6.3. CONTRACTOR shall provide conipetenl, suitably qualified personnel to surot" lay out and coushuct the Work as slurred by the Contract Documents. CONTRACTOR shall at all lilacs maimaur, good discipline and order at the site. 13xcept as otherwise required for the safety or protection of persons or the Work or property at the sale or adjacent thereto, and except as otherwise indicated in the Contract Documments, all Work at (he site shall be performed (luring regular Tk Orking hount and CON'NTACTOR will not permit overtuve work or the performance of Work on Sannday, Sunday or any (egad holiday without OWN$I'a written consent given after prior written notice to RN(3dNfJ312. CONI'Rj\C:rQR shall submit re(pgrsls tq ilia ITGINI-R I Tiff les4.. than 48 hours in ndl awe of any q'ork io be pgfonned qn Salunlay, Sunday,- holidays o- outside the I2emdar l orkutn hours. ---- 6A. Unless otherwise specified in the General Retglircnlenls, CONTRACTOR shall finish mid assunm contains or is followed by words reading that no like, e, "or-cqud" Cull rosporsibility for all materials, equipment, labor, equivaelo to item or no Substitution is f permitted, other ilculs of material or ubstcoilepmenl Pelanial , trmu;xnrtation, consontion equipment and machinery, tools, appliances, Cuel, Iwwer, light, heat, telephone, water, or l equipment other Suppliers may b; he o sanitary facilities, temporary facilities and all other accepted 1ipment R under the Rlla ig circumstances: facilities and incidentals necessary for the famishing, Pontoon lice, testing, start-up and win p)etion of the Work. 6.7.).1. 'YJr-Bguall, If in fiNGINiERt sole _ Pmcblising, Restrieti<g)s:CON'fl'ZAC 1_OR must tom 1 with the C'u} rcMunn discretion in item of material or aquipmenl proposed by CONTRACTOIZ is fiulctionally sL tas(richons A colt' of thy resgluuww ale ayTihble fa ru ie}p m the equal to that named and sufficiently similar so that no change m deleted \Not$ will be required, it ,t,)f(rows of i Purchasing ---ini12 nA [ — 11, en)_znt D,fl isrro)or dw Cifypm ks Office may in consularod by I:NGINEGR is an "oro<IImil" itcal, m which case review and approval of the 6.42 6'eanno, Resilictions. _( It)_of 1'Orl Collins, Resolution �7-121 Iz�iiestbat simhers npdpr, Kean proposed item may, in 1:NG)N1iER's sale discretion, lie accoalplished eahont coal pl l Race. _olpenleat or, products rentpming coal rat to ,c„u�t stint with scale or all of thm e requireents for acceptance of proposed substialle. itcalS tile Ce111etm was I1Md(, ill GCI11.1l (leaf �)Ilnl h�zanlous tvnste as_lticl, 6.7.12. �L�J'l/Llde )iPr)IS' 1(In 1aliilNl"l;?Ii'S SbIU discrelion all item of material or equipment 6.5, All materials and equipment shall be Of good g Parana by CONTRACTOR does not qualify as an' ornrlual" item under subpara),Raph 6.7,1.1, it quality and except as otherwise provided in the Contract Documents, All will be considered a proposed substitute item, wmranrias and guarantees .slncifically called for by the ,Specifications shall expressly CONTRACTOR shalt submit sufficient infornhation mil to fhe benefit of OWNER. If required by ENGWIER, CONIRAC'COR famish as provided below to alooe• ENGINEER to detennule that the item ofnmrterial shall satisfactory evidence (aududlaa reports of required tests) as to the kind and or aquipmem proposed is esscnrially equivldenuo that named and an acceptable substitute quality of nmterials and equipment. All materials laid equipment shall be applied, installed, connected, ercctud, therefor. The procedure for review by Tile ENGINEER will used cleaned and conditioned in accordance with instructions include the following as supplemented in the General Requirements and as ENGINEER rally of the npplioable Supplier, except as othawlse provided in the Contract Documents, decide is appropriate under the circumstances. 12equasls Cor review of proposed substilute itent.s Progress Schedule: 0f material or equipment will not be scocyled by I!qG rNl?E12 from anyone other than 6.6. CONTRACTOR shall achere to the not L C ' CON1_12AC'i'OR. IC CONTRACTOR wishes to furnish or use a substitute item schedule cs7ablished in accordance with paragraph 29 as it may be adjusted fionl lisle to tinge as below: of material or egaipnlalt, CONTRACTOR shall first slake provided written application to ENGINIIER nil acceptance thereof, certifying that the proposed substitute G.6.1. CONTRACTOR. shall submit to ENGINEER frn will perfbnn adequatoly die functions and achieve the acceptance (to the omen( indicated in nragrr)h2.) tr the progress I All )proposed adje the results called for by the general designbe sunilar S in substance to that spacd'red and N; schedule that will not si change the Compact Tinlcs or Co Millstones). Such will con Corm enerall suited N the same use as Thal arty. tl. The application will pros). S } dune then to Ilia progress schedule Then ut u+Ifwt and addiGunallY f stale the clone if any, to which shz ovate, afar acceplanca of the substitute will comply will) any provisions of the Genend Requirements applicable thereto, prolx)sal will Witt prejudice, CONITACTOR's achievement Of Substantial Completion on time, whether or not d.ti2. Proposed adiuslnlenfs in the progress schedule acceptance of the substitute for use ul the Work will require a change in ally of the Contract that will change the Contract Tinlcs or Milestones ( ) shall be submitted in accordance with the requuemcnls Documentstar in the provisions or any other directrectcontract of paragraph 12.1. Such adjusunents may only bo with OgRQIiR for work on Ilse Project) to adapt the design to the alone by a Change Order or \\hitmn Amendmcm in accordance wrath Article 12. proposed .substituto and whether or not. incorporation or use of the substitute in connection with the Work. is 6.7. SaDa4indesaad "Or-Eq1ual" hence,., sublecl to payment of any liccase fee or royally. All vitiations of the proposed substitute front that 6.7.1. 1Vhenever an item of maeria( or ui mien( i ul I s specified 01 described in the Contract Doctmlents by specified will In identified in the application and available maintenance, repair and replacement using the name of a proprietary item or the mule of a service will be indicaaed. The application will also contain an itemind esllnlalo of all particular Supplier, the specification or description is Intended to establish the type:, function and qualify costs or credits that will result directly or indirectly from required. Unless 111e specification 01descaipti n accepmncc of such substitute, including costs of red&Sign, and claims of Other coal ialaors affected 12 cacucccwaa.u. colmrnoras r�los 04ao enniap nd L9'!T OP PORT COLI.IMS tvfOUlPI(;A'frONS (RL'V a/zone) by the resulting change, all of tahich will be considered by IN(r).NEER in evaluating the proposetl .substitute ENGINL"L"R may require CONTRACTOR to lurnislt ad(hnonal (late sabout the proposed subsliune. 6.7.1.3, C,YJN[RdC'fGK's 1%cpere.re: All date to be provided by CONTRACTOR in support of any )roposed "or -equal" or substitute item will In at CONTRACTOR's expense. 6.7.2. SuG.rlinoe Contfivdicrr. A4elhods 01 Procedures: If a .specific nleems, methocl, technique, sequence or procedure of consfntction is shown or indicated in sold expressly requirod by the Contract Documents, CON'f12A(:'1'OR tray furnish or ulilim a substitute means, nletho<I technique, sequence or procedure of constluction acceptable to hNGINTERR. CONTRACTOR shall submit sutYcientinformation to allow ENGINEER in ENGINIs'ER's sole discretion, to detemune that the, substitute propmsecl is equivalent to that expressly called for by the Contract I?a:wuonts. The procedure Ibr review by ENGINEER will to similar to that provided in subparagraph 6.7.1 6.73. Ho Vanes Evaluolion: ENGINEER will Inc allowed ;a reasonable time within which to evaluate each proposal or submitted made pursuant to paragraphs 6.7. 12 and 6.7.2. ENG7NEER will be the sole judge of acceptability. No "or -equal" or substitute will be or<lerul, utstrdled Oro ilind without EN01NEERN prior written acceptance which will be evidenced by either a Change Order of an approvecl Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRAC'I'OR'.s exlnuse a spxecial pertinmance guarantee or other surety with respect to any "or -equal" to substitute. ENGINEER will record time required by ENGINEER and ENGINEMs Consuhanls in evaluating substiltucs proposed osubmitted by CONTRACTOR pursuant to pnmgrophs 63.1.2 and 6.7.2 and in makutg changes in the Contract Documents (or in the provisions of any other direct contract will, OWNER for work on the Project) occasioned Ihcrcby. Whether of not. ENCi1NEER aca:pts a substitute than so propoml or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER. for the charges of ENGINEER and ENGINEER'S Consultants for evaluating each such proposed substitute item. 6.8. Coueett ing Subeoniraco ns; Suppliers roof UIT,ais: 6.S'.1. CONTRAC'I'GR shall not employ any Subcontractor, Supplier or other person of orga tzation (including those acceptablo to OWNER and ENGINIsIiR as indicated in paragraph 6.8.2), whether initially or as a subsfiune, against whom OWNER or ENGTNIEsIiR may have reasonable objection. CONTRACTOR shall not In required to employ any Subeonlowoul., Supplier On' outer p arson or oi'ginlzation to funush or Porto", any of the Work against whom CONTRACTOR has reasonable objection. EMMC GHNIIR.4t. CONDITIONS 1910.8 (1990 fdiiiai) wl ClIT OP POtll' COLt.iNS A9OnIPloA'I'IONS (IUiV 4+?OOa) 669. C ON7RA(, t OR shall _p i Cnrm not less than 20 lA+otl;_lelth Its ovn_lowes th lf_py, without _,subconh acting)._ IhcL20 Inrcynt rcquu anelt_f shall_ tp understood to reler to the Work the value of wluch,f�l ds not les_thn'Qp?crcent of thc.(onprnct Price. 6.S2. 1G-{!ro-blrp?t>loinenlnty-(:ondifiens Bidding Documents require the identity of cetain Subwnuactors, Suppliers or other persons cr organizations (inducting those who are to furnish the principal items of materials or equipmtent) to In submitted to OWNER in-advanee-or lhe-speeifed elate prior to the E iective I:)ate of the Agreement for acceptance by OWNER and hNCiIN131i)2-a>ad-if CON=H2AC'"lYJR-hxs-submitledt -list-h?erevl-in mmordnnee-with .the-Sa{eplumentarvy--(AmIditions;; OVINER's or ENGINEER's nceeplance (eithe) in uniting or by flailing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents oa' the Conh act Docume ts) of ,,ag}qcw ups<, No acceptance by UWNER o' NGJN13'ER of any such Sut>co4rador, Supplier or Other person of orga inihoo shall constanc a waiver of any right of OP,+NT;R or ENG1N[":Ei to rejua defective Work. 6.9.1. CONTRACTOR shall Inc tally responsible to OWNER and ENGINEER for all acts and omissions of the Subcontoictors, Suppliers and other persons an<I orgeruza1i01ns performing or furnishing any of the Work under a direct or indirect contract with CON'MAC TOR just as CONTRACTOR is responsible for CONI'RACTOR's own acts and omissions. Nothing in the Contract Documents shall crcato COT One heretic of any such Subcontractor, Supplier or otter person or organization any contractual relationship between OWNER or ENGIMiER. zn(I any such subcontractor, Supplier o other person or organization, nor shall it crenlo any obligation on the part of (AriNg3R or E TOINIlER to pay or to see Io the payatent of any moneys ((no any such Subcontractor, Supplier or other person o organization except as may otherwise be required by B 6.5.2. CONI'RAC C)IZ shall be solely responsible for scheduling and awrdinaling the 11401 k of Subcontractors, Suppliers and other persons and organizations performing or fllrnlshing any of the Work urtdor a direct or indirect contract wit) CONTRACTOR. CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and orPriMtions perforluing ar banishing any of file Work to communicate svith the ENG)NEFIZ through CONPRACTOIZ. 6.10. 'The divisions and secPionS oC the Specihaations lone the identifications of any Drawings shall not control CONTRACTOR in dividing the Work ainoog Subcontractors or Suppliers or delineating the Work to he Iwrfor)ued by any specific trade. 6.11. NI Work performed for CON'I'12AGIOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CIONTTIZO.CTOR and the Subcontractor or Supplier which .specifically btuts the Subcontraexor or Supplier to the applicable teens Rn(I conditions of (110 Contract Doc)m)cnls for the Misfit of OWNER and ENG)NI>BR. Wilma"" Patent Fee.vand Rgaalties: 6.12. CONTRACTOR shall pay all license leas miff royalties and assume all costs incident to file use in the performvlcro of the 1s/ork or the incorporation in the Work or any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. Hal particular invention, design, plooZs product or device is specified in the Conflict Documents for use in the performance of the Work and irbf the actual knowledge of OWNER or ENGINEER its use is subject to patent rrghls or Wpyrights calling; for the payment of any license fee or loyalty to others, the existence of such rights shall be disclosed by OWNTTER in the Contract Docuntcnl.s. To the f illost extent Pern)itted by Laws •mot Regulations, CON'1,1Z ACTOR shall indennuly and hold hnnnlms; OWNER, ENG7NT,ER, ENGINEER s Consultants and the officers, directors, employees, agents and other consultants of each and any of them float and against all claims, costs, losses and damages aminp, out of or resulting from any u)8ingemcnt of patent rights or copyrights incident to the use in the performance of the Work or resulting front the incor))oration in the Work of any invention, design, process, p oduct or device not specified in the Contract Documents. 14 lil('DC OLrai2Ah CONOrr ONa 19108 (1990 r>ditial) Iv/CITI' OP POIt'f GOLGIh'S hiUDI1q CA'I'IG7eS ('nb:Y A/2D00) Permits 6.13. Unless otherwise Provided in the Supplementary Cl)rdltions, CONTRACTOR shall obtain nncl pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in chulatrag. such penuits line licons<s. CONI'RX&MR shall fly all govelial al charges and inspection fees necessary for the prosecution of the Work, which arc applicable at the time of opening of Bids, or, if there are no Liids, on the Effective Date of the Agreement. CONTRACTOR shall tray all charges of utility owners for connections to the Work, and OWNISR shall Imy fill charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. LmoxandRegulatioex: 6.14.1_ C0Id9'RACI'OR shall give all notices and comply with all Lanes arnl Regulations applicable to hun)shing and perfurnlance of the Work. ldxcept )There otherwise expressly required by applicable Laws and Regulations, neither OIATNER nor 73NGT1\R;4iIZ shall be responsible for monitoring CONTRACTOR.c compliance eith any Laws or Regulations. 6.14 If CONTRACTOR performs any Work knowing or having reason to know that it is contr ly to i..aw.s or Regulations, CONTRACTOR. shall hear III claims, costs, losses and damages caused by, arising out of or resulting therefrom, however, it shall not be CONTRACTORS primary restwnsibility Io make certain (hat the Specifications and pnnvings are in accordance with Lmvs and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR obligations under plini ph 3.3.2, 7axer: 6.15, CONTRACTOR shall pay fill sales, coluumcr, use and other similar taxes requbcd to b, paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Proiecl which file applicable during the Ixrfonoance of the luork. 615.1, OWNER _s�eaenrpt front Colorado State and loyrJ k11ct and uSe.. taxes on .,m+lcrialg.., Jo —be p_nurnenljS:.S174J:porated 'nk> the proioct Said }liras shall not be included in the Contract Price. C(NTRAC gjZ must aonly for, and imewc. e Certificate of p.'�enE)uon I'mm the Colorado �)s PPhtll,GOt of 1.(\onue Cor construction mates dg}o e ph sy ics)II� Inwr)xstgled Into the n0,cot . )hig (_rri)Guntign pf Exemption provides that. the ()bM;V\CWR shill neither Iny nor>=nclurle.,in lljs 31d, Steles suxl ,Use Taxes on those budding and oonstruclion nnte{.ials_ph s)cnll)_jrCcprinrated_into Jhe.1lL�if art.. Address: Colorado Department of Revenue State Cl;n>lgl. eAtmca 1375 Shcrntyni St{,ev.{ NEWT— cr,_COIgrnAp,80261 SAlec and Use Taxes for the State of Colorado, Rcaronal Tronisporinlog 1 iyria O21iJ�_nnc certain (.olo ado eounti" Ire col ectul by the Slate ,I Colorado —and aw—natic'btm tile_Certiric„ Lion of Exemption. All_pplicnble Sales „and lkGaxes (inclucling„SI£ae Coll cued Pncs), on a ty items r Iran cnnsngction a— nd building --.mat pals psical� lncorpgfated into -the project as tote baud by_CONITA( I OI:_'an,d lie tobe utgludul in gop�oLnt _b_tl fronts, litre of Preu+isesr 6.1(i CONIRAC'tOR shall conjure construction equipment, the storage of nnaleri:ds and equipment and Lite operations of workers to the site and land ;all areas identified in and pennatecl by the Calumet Documents And other land Flncl ales pennitlod by Laws and l:egulntions, rights -of -way, permits And easements, anti shall not unreasonably encwnbcr the polmises with conshuction equipment mother materials or equipment'. CONTRACTOR shall assume full reytonsibilly for any damage to any such and or area, or to the owner or occupant thereof or of Any adjacent land or'arcas, resulting Goren the performance of the Work. Should any cleun be made by any such owner or mcupant because of the performance of the Work, CONTRACTOR shot] promptly settle with such other party by negotiation or otherwise resolve the claim by In bilration or other dispute resolution proceeding or At law. CON'l'RAC'TOR shill, to the fullest extent permittecl by Laws Alai Regulations, indemnify and hold harnnless OWN13R, 1BNGlN'FhR, GNGINEGR's Consultant and anyone directly or indirectly employed by any of them from and against all elnuns, costs, losses And dznnages arising out of or resulting front Any claim or action, legit or equitable, brought by any such owner or occupant against OWNTR, GNGMER or any other pity, Indemnified hereunder to the extent amsed by or based upon CONTRACTOR'S performance of the Work. 6.1 T During the progress of the Work, CONTRACTOR Shall keep the premises Gee front accumulations of wade materials, rubbish and other debris rosulling Oom the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from anol about rho premises as wall as all tools, appliances, Conshuction equipment and machinery arol surphas materials CONTRACTOR shall leave the site clean emit ready lint occupancy by OWNER At Substantial Completion of the Work. CONTRACTOR shall,, to original coa(f000n All property not designated for altelation by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any In)x of only structure to be loaded in aav manner that will endanger the structure, nor shall COVT'RACPOR subject any pint of the Work or adjacent properly+ to stresses Al pressures that will endanger it. Record Documents: iJ(OC CGNERAI6 C0M)t'nONS 1910-S (t 990 r.&Aon) "CI'i'y 01+POIYr COU.1N.S MONPIMT10NS LUW 02000) 6.19. CONTRACTOR shall maintain in A safe place At the site one record copy of all Drawings, Specifications, Addenda, Written Amen<4nents, Change Orders, Work Change Directives, field Or<IGs and written interpretations and clarifications (issued pursuaut to paragraph 9.4) in good order and annotated to show all changes made during conshuction. Those record documents together with all approved samples and a Coulinspan of all approved Shop Drawings will be available to IiNGIN)3LiR for reference. Upon completion of the Work, and poor to iplease Lf ffrnall plypnow these record documents, Samples and Shop ]Drawings will be delivered to IiNGINNIR foroXINHR. Safe(v hurl Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising if safey, precatrlions And programs in connection with the Work. CONTRACTOR shall take all necessary precautions, for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.120.1. all Inorsau on the Work site or who may he affected by the Work; 6.20.2, all the Work and materials and equipment Ri be incorporated therein, whelher in storage on or off the site; Anil 6.20.3. other prolxry at the site or Adjacent thereto, inchtding woes, shrubs, lawns, walks, pavements, pavements, stnrCawros, ntilillea And Underground b'acflifoa not designated for removal, reiocation at replacement in the course of construction. CONTRACTOR shall comply with all applicable Imes and Regulations of any public Lady, havingjurisdiction for safely of persons or prolxrty or to protect them Gom dannage, u;luty a' loss; and shall erect and maintain all necessary safeguards for such safety •mil protection. CONTRACTOR shall notify amners of adjacent property and of Underground Pacilities and utility owners when Prosecution of the Work may affect them, and shall cooperate with (hem in the protection, removal, relocation and replacement of their property. All damage, uyury or loss to any property referred to in paragl aphs 6,20.2 or 6 20.3 unused, oirectly or indirectly, in whole or in pin. by CONTRACTOR, any subcornraetor, Supplier or any Other person or organization directly or indirectly employed by any of dnenn to Ixrfonn or furnish any of the Work or Anyone fa' whose acts any of them may be liable, shall be remedied by CON '1'RACJ'OR (excelt damage ar loss rub ibutable to the fault of Drnwi ngs or specifications a' to the acts a' onnissions of OWN2I2 or ENGINUR mr I NGiNM`R's Consultant or anyone employed by Any of them or An}•one for whose Acts any Offbeat may In liable, and not attributable, directly or indirectly, in whole or in pan, 10 the fault or negligence of CONTRACTOR or any Sulx;ontract0l, Supplier 01 other )ersaun or (A'ganiution directly or indirectly employed by any of thean), CONTRACTOR'S duties and reswnsibilitics for the safety And protection of Ilse Wort: shall continue until such little as III the Work is Completed And 1-NOINGER has issued A I notice to OWNER and CONTRACTOR in accordance with 1nrlgraph 14.13 that the Welk is acoelsable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. Safety l2apresen[ative CONTRACTOR shall dosiplate a qullified and experience{ safety representative at the site whose duties and responsibilities shall be the provenlion of accidents and the maintaining and supervising of safety precautions Ind IsO?rams. Flamrd Communication Programs:' 6.22, CONTRACTOR shall he responsible, for coor<linllurg any exchange of material sa fcry lair sheets rr other hazard eonnnunication information required to be made available to or exchanged behveen or among employers it Ure site in accordance with laws or Regulations. Emergencies. 6.23. In emergencies affecting file .safely or protection of persons or the Work or properly on the site or adjacent thereto, CONTRACTOR, without special insauolion or auihoriralion front OWNER or ENGINEIM, is obligated to let to prevent threatened damage, injury or loss. CONTRAC'f'OR shall give ENG)NI,,ER prompt written notice if CONTRAC'COR believes that any significant changes in the Wok or variations from the Cwm•acl D<wumenls have been caused thereby. If ENGINEER <ktermines that a change in the Contract Documents is required because of the action taken by CONTIZAC'fOR in resixa se for such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.24. Shop Dra;gngs artdSnnrpi sr l24.). CONTRACTOR shall submit Shop Drawings to ENGINEER for rcvic\v Ind approval ill accordance With the accepted schedule of Shop Drmvimn and Samplesubmittals (see paragraph29). All submittals will be identified as ENGINEER may runic and in file oumlrar of aspics specified in the Gmml Rc,luirements. The data shown on tile, Shop Drawings will be complete with respect to quantities, dimensions, specified lxrfi n trice and cl=fin criteria, materials and similar data to show ENGINEERthe materials and equipment CONTRjW'TOR proposes to provide and to enable EN(IINEEI2 to review the information for the IillnW purposes miuiral by Inrograph 6.26. 6,2.4.2, CONI RAC')'OR shall also submit Samples to I'MGINE IZ fill' review alto approval in eceoresnce witlr said accepted schedule of Shop Drawings and Snntpie submittals. Each Sample will be identified clearly as to material, Supplier, pertinent (lain such as catalog numbcl:s and the use for which intended and otherwise is ENGINEER may require to enable ENGINEER to review the subntitml for the )'united 16GICDC GLTTILll. CONDITIONS 1910-30990r.dElm) w/CJ'1'1.OF FOR')' COl,1.iN4 MODIPICA'I'fONS (RftV J/3000) purposes; required by lsragraph 6.20, Tile numbers of each Sample to be submilted will be as specified hr die Specifications. 6,25, Submittal 11, oce<lrves: 625.1. Before submitting each Shop ):hawing or Sample. CONTRACTOR shall have determined and vel'dred: 625.1.1. all field mcasuremcnts, quantities, dimensions, specified perfemtance criteria, installation requirements, materials, catalog numbers and similar information with iespcct thereto, 625.1 2. all materials with respect to intended use, lnhrication, shipping, handling, storage, assembly and installation pertaining to the l:crConnance orlhc Work, and 6.251.1. all information relative to CONTRACTOR's sole reslmisibilitias in respect of means, methods, techniques, sequences and procedures of construction and safely precautions and programs incident thereto. CONTRACFOIt shall also have roviewe(1 and coordinated each shop Drmving or Sample with other Shop Drawings and Samples and with the 1eequi )teens of the Wonit and the Contract Documents, 6.25.2. Faoh subn»tlal will hear a stamp or speoiftc written indication tram C0NTRAC'f0R has .satisfied CONTRACTOR's obligations wider Ole Conn'Icl Documents with respect to CONTRACTOR's review and approval of thatsubminal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGNEER .sl)eci6c written notice ol'such variations, if any, that file shop Drawing ce Sample submitted may have from the requirements of the Contrncl Docunlenls, such notice to Lbe in it written communication separate from the submittal; cold, in addition,. shall cause I slxcilic notation Lo be made on each Shop Drawing and Sample submiltcl to ENGNEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and samples in accordance with the schedule of Shop Drnwings and Sample .submittals accepted by ENGINEER as required by paragraph 2.9. ENGfNEER's review and approval wi11 be only to determine if the items covered by the submittals will, Ifter installation or incorporation in the \olork, conform to Ole information given in dtee Contract Documents and he compatible witlr the design concept of the completed Project Is a functioning whole as indicatecl by the Coronet Documents. 13NGIN ER's review, and approval will not extend to means, nietlrods, techniques, sequences or procedures of construction (except where a parneullr means, method, technique, sequence or proceclure of construction is specifically and expressly called fix by the Doc uments) cuments) or to safely precautions or progranns incident thereto. The rcvicry and approval of a separate itenn as such will not indicate approval of the assennbly in Which the item functions COMYRACfOR shall make corrections required by ENGINEER, and .shall return the required number of co rilowd copies of Sinop Dimings and subrnit as rctimic(t new Sannples tool* review alxl approval. CONTRACTOR shall direct slwcific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. M31NtEER's review and approval of Shop Drnvings or Samples shall not relieve CONPI2ACTOt2 front responsibility for any variation from the requirements Of the Contract Documents uuloss CONTRACTOR has in writing called IiNGINEhR's attention to each such variation at the time of submission as required by lxaragraph 6.25.3 and UNGINI,1',R has given nvniren approval of each such variation by it specific written notation thereolinernpt» rated in or acconllrnnying the Shop Dr=nving or .Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR front responsibility for complying with the re<luileanents of ptuagmph 6.25.1. 6.2S. Where a Shop Drawing or Sample i5 required by the Contact Documents or the schedule of b910p Drnwing and Sample submissions accepted by U.NGINEGR as requim! by lxnagraph 29, any related Work pel'forolod prior ut EN(D1Nl:Sfil2's review and approval of the lxoinent submittal will he it the .sole expense and responsibility of CONTRACTOR. Confrnuing [he Knit: 6.29. CONTRACTOR shall carry on die Work and adhere to the progress schedule during all disputes or disagreements with O%VNUR. Na Work shall be delayul or poslpoueal pending resolution of lily disputes or (1lsagreontents, except as pennitted by prigreph 15.5 or as O\\ FR and CONTRACTOR may otherwise agree in writing. 6,30. CONI'/2.4CTOR's Geuern! Ii�rL.'<wt, rmrl Gunranree: 6.30.1 CONTRACTORZ warrants an<i guarantees to OWNER, ENGINEER and ENGINEEP.'s Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's xvilro y all<I p santoc hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or inprolxor nlnintenince or oltelation by persons other than CONTRACTOR, Subcontractors or Suppliers; or 6_30.1.2. normal wear and tear under nonnal usage. 6.30,2. CON'I'12ACTOk's obligation It) lxrfo in and complete the Work in accordance with the Contract Documents shall be absolute. Now of the following will constitute an aocaplance of Work that is not in l,'JCDOal1NCRAl.CONDr11014S 19ioS0gga7(<liliun) m/ CI'S' OP FOR I COLIANSMODR ?CAI IONS (ttGV 4,2a00) accordance with file Contract Documents or a release of CONTRAC 'I'OR's obligation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observalitim by LNGIN9iER; 6.302.2. recommendation of any progress or final payment by E2gGI7srEEl2; 6.30.2.3. the issuance of a certificate of Substmttial Completion or any payment by OWNER to CONTRACTOR utuler the Contract Documents; 6.30.2.4. use aoccupancy of the Will k or any lnu1. thereof by 0 WNER; 6.30.2.5. any acceptance, by O\VNISR or any failmc to do so; 6.30.2.6. any review and approval of' a Shop Drawing or Sample .subuliltal or the issuance of a notice of aeceplability by ENGINti3ER pursuant to pmagraph 14.13; 6.302 ,T wry inspection, test or approval by Others; or 6.302.5. any con'ection of de%,live \Vork by OWNER, Lulearni(cariar: 6.31. TO the fullest extent permitted by Lmts and Regulations, CONTRACTOR shall indemnify, and hold harnlecs OWNER, ENGINEl31i, I3NGINEEI2'S Consultants and the officers, directnrs, ennployees, agents and 011ie, consultants of each and any of them from alit against all claims, costs, losses and dinlages (including, but not limited to, all fees and charges of e6gineer:s, archilccts, allomeys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arisino out of or resulting Goa the performance of the Work,, provided that any such claim, cox(, loss or damage. (i) k attributable, to bodily injury, siukjiess, disease or (Wth, or to injury to or destruction of taneible property (other than the Work ifselfj, including lie loss of use resulting therefrom, and (ii) is cmrsod in whole or in part by any negligent act or omission of CONTRACTOP, any Subconlnic4>r, any Supplier, any person or organization directly or in(Iveclly employed by any of them to lierfonm or lumish any of'( to Work or anyone for whose acts any - of therm may be liable, regardless ol'vehether or not cnuse<I in pare by any negligence or omission ol'a person or entity indenrnif➢ed hereunder or whether liability is hopse(I idea such indenuli?red party by Laws anti Regulations regardless of the negligence ofany such person or entity. 6.32, In any and all claims against OWNER or fiNG1NEHR or any of their respective consultants, agents, officers, <tireclor's or ennployees by any employee (or the s A'v I or I'a ial rclliesentitive of such employee) of CONTPACTOR, any Subcontractor, any Supplier, any Imsou or organization directly or indirectly employee by 17 nny of them to pedortnn or furnish any of the work or anyone for whose acts any of them cony be liable, the indemnification obligation under paragraph6.31 shall not Ix linnited in any way by any limitation on the remount nr lylxv of damnges, compensation or bonefits payable by or For C0N'TPAC tOR or any such Subcontractor, Supplier of other person or organisation under wodkri compensation acts, (h.mbility benefit acts or other cntphryw benefit sets. 6.33. The indemnification obligations of CONTRACTOR order paragraph 6.31 shall not extend to the liability of EMIN13E1Z and ENCPINEEId's Cotusultants, officers, directors, employees or agents caused by the professional negligencq erinrs ur omissions of any of them. Sera-ivnl of Obligations: 6.34. All representations, indemnifications, warranties and gueranlees made in, reduired by or given in occondio-S e with the Contract Documents, as well as all continuing obligations iudicced in the Contract 1,)w1ments, will survive final payment, completion and acceptance of the Work and lenuimation or completion of the Agreement. A Rf ICLL 7--MHER WORK Related IVark rot Sire: 7.1. OWNIER may peioran other work related to the Projoa at the site by OwMs'R'.s own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other wok perfoijiml by utility owners. If the fact that such other work is to be pet'formed was not noted in the Contract Documents, then: (r) written notice thereof will be given to CONTRACTOR prior to stalling any such other work and (ii)C0NIRACf0R may make n claim therefo as provided in Articles I 1 and 12 if CONTRACTOR believes that suet) pedormanec will involve additional expense to CONTRACTOR or requires additional tune and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall alRrrd each other contractor who is a party to such a direct contract and each utility owner (and 0WN13R, if 0%VNER is performing the additional work with OWINER's employees) proper and safe access to the sita and a reasonable oppo'ninky, for the introduction and storage of materials and equipment and the execution of sucliothoi work and Shall properly connect and coordinate the work with theirs. Unless otherwise Ixovided 6t the Contract Docunneaus, C014'IIZACT0R. Shall do all cutting, fitting and latching of the Work that any be required to make its severed parts cone together prolurly and integrate with such other work. CONTRAC'TOR shall not endange any work of others by cutting, excavating or otherwise altering their work and will only cut nr alter their work with the written consent of E:N0INh,13R Intl the others whose work will be affected. The duties and responsibilities of. CONTRACTOR. wider this Paragraph are for the benefit of such utility owners and other wnlracors to (Ire extent that there are comparable 18 IDCDC OnNT-RAT, CONDMONS 1910.81)990 Gdiriap w/ CITY OP PORT (:Ot.l.l Nti W ODII%I CATIOK'S (It)iV gR000) provisions for the benefit of CON'rRAC'fOR in said direct cantmolS between 0WNER and .such utility owners and other contractors. T3 If the proper execution or results of nny part of C0NTRACI0'R's Work depends upon work perforncd by others under this Article 7, C0N'TR.AC'I OR shall innlwt such other work and Iromptly report to l NGINr.ER in writing any delays, defects or deficiencies in such other work that tender it unavailable or unsuitable for the proper execution and results of CONTRACTOR's work C01 RACTOR's failure so to relwrt will woslituto an acceptance of such other work as fitand piol:er for intep ation with CO3\IT'1L\CTO1Z's Work, except for interior nonapparent defects and deficiencies in such other work. Coordinatiac 7.4. If OWNER contracts with others for the Iwrfonuance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7A L the ymson, Iinn or corporation who will have authority and responsibility, for coordination of lire activities annong the various prime contractors will be identified; 7.4.2. the specific ratters to be covered by such authority and responsibility will be itemized; and 7.4.3. tine extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shill have sole authority and responsibility in respect of such coordination. ARTICLE 8-0FVNLT2`S 12LSP0NSI13IL1'TLGS M. Grcepi (is otherwise provided un these Cdenen^.d Conditions, OWNER shall issue all conununicaUons to CONTRACTOR tiuougln ENGINEER. 8.2. In case of termination of the employment of ENG)MT ER, OWNER shall appoint on engnncer oo u)st whmu-GGNTRAGT,9R--- makes -ne-rrasonable--abjection; whose status wider the Conoco Documents shall be that of the former ENGINEER. 83. (MWER shall famish the data required of 0WNER under the Contract Docudwilis pionptly and shall make foynnents to C0NTRACT0R promptly when they are due asprovided in paragraphs 14.4 and 14.13. $ 4. 0WNER's duties in resliect of providing lands and casements and providing engineering surveys to establish reference points are sct forth in panigognhs 4.1 and 4.4, Paragraph 4.2 refers to 0RtNLR's identifying and making available to CONTRACTOR copies of reports of explorations and tests of Subsurface conditions at tine site mid drawings of physical conditions in existing Simetnros m or contiguous to the .site, that have been utilized by ENGI N13Ii12 in preparing the Contract Drx:unlenls. b37---Ot.VIvTFsl2il�slaonsib+kHes-io-n.;yoet- of purchasing onlynnintaLaing-liHhility-and-i�r�lx+ty=itrsuttlnuc are -sot fonhln pflr'flgrflpjigiS. tillo ug h-5d 0: 1?.6 OWNTER. is obligated it) execute Change Orders as Indicated in paragraph 10.4. 5.7, OWNER's resxinsiblily in respect of certain inspections, tests and approvals is sot foil], in laragmph 13.4. 5.8. In connection With ONVNT13R's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 1.5.2 deals With O\>✓NgiR's right to lannirnre services of CON'IRAC'f OR under certain ciroumstances. t.9. The OWNER .shall not sul)en•isc, direct or have control or authority over, nor be reswnsible lot, CONTRACT•OR's means, nhef mis, tecuuques, sequences or procedures of cOnsh'uclion or the safety precautions and programs incident lhaloto, or for any feilu'e of CON'1'RACTOIR to comply wifh Laws and Regulations applicable to the furnishing or performance of the Work. OWNER will ant be res)onsible for CONTRAC'fOR's failure to perfomt 01 flunish dis Work in accordance with Ole Contract Doannems, U0. OWNER4a-responsibility al -respect of-undisclosed Asbestos;--R(=13s--pea�olewn;-4lrtrarnious--Waste—or Raditxletive-Nlalerisls-uncovered-or-revealed-at-the_site-is sot -loath -ill -paragraph 4r5: F-H, l and -to theedwil-C-JA4J'Fvt2-Has-ogreecHo�uliaish GON=PRACI'OR-reasonable -evidence-She✓--finmloinl HY{al?gNin0lik5—i1M5!—beer—illade—tGr-6aL15(Y—H}1Atl\ll.�.l'r'S a+bligfltions-undeHhe-fionunc4-1Joeun.ems,-OWNldls rstxansibilivy-itr-\'aspect thereof .uid6lae-assot -forth -in-fho Sul)plemenlu r)`Gondilions: ARTICLE 9--I NGINEEWS STATUS DURING CONSTRUCTION OIPAIF,.R's Represen 1¢ti net 9.1, ItleGfRESIZ Will be ObVtJE&s rcpresonmtive during the cons4'uction pliod. 'file duties and roslwnslbilifies and the lint ititiahs of authority of ENGINTELM as OWNERS rupmnlative during wnsnactioll are set foull in the ("at ... L Docwn ants and shall not be cxtended Without Written consent of 0WIMs12 and ENOIN3GR. Mixits to Site: 9:2. ENGINFER Will make visits to (he site at intervals appropriate to the various stages of consUuotion as ENGINEAR dooms necessary in order (o obsorve as an espericnced and qualified design professional the progress H1MCGIiNRRN. COM3I'17I0T9 I910S (1990 Cdilim) Wi Ca'11' OF FORT COU.IN.S MODIFICAt IONS (IinV 4/2000) that has been made and the quality of the various aslkcts of CONTRACTOR's CXeentod \\York. Based on information obtained during such visits and observations, F9VG1NIlER Will endeavor for the benefit of OWNEN to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make eJraustive or continuous on - site inspections to check the quality or quantity of the Work. IiNGIN131iR's ell'ons Will be (Insetted toward providing for OWNIAZ a greater degree of confidence that the conipletell Work will conform generally to the Contract Documents, On the basis of such visits and on- sile Observations, IlNTGIAhF,IiR will keep (AVNrb R informed of (he progress of the Work and will endeavor to guanl OWNTUR againsL defective Work. LNGIh]i1lR's visits and on -site observations :are subject to all the limitations on IRNGINRGI2's authority and rosl)onsibility set forth in paragraph 9.13, and pmtiadarly, but without limitation, during or as a result of ENOiNENR's on -site visits or observations of CONTIzACIOIRs Work ENGINCBIR will not supervise, direct, control or have authority over or be responsible for CONTRAC'I'012's means, methods, techniques, sequences or procedures of wustmction, or the safety precautions and programs incident thereto, or for any failure of CONf1LACI'OR to comply with Laws and Regulations applicable to the furnishing aperformance of the Wo)k. Prgvet Rep esentutire: 93. If (MINER and IiNOINEER agree, l lq(3INEER Will furnish a Resident Project IRoln'csentntive to assist ENGINEER in providing Inure continuous observation of the Work. The responsibilities and nuthority and limitations thereon of any such Resident project Representntive Ind aysi.slants will be. m provided in para6rap1W9.3_and 9.13 and --in--the-Supplealentmy Conditions of these General Conditions. If OWNTsR designates another representative or agent to represent OWNER at tine site Who is not RNOINI ER's Consultant, agent or employee, the roslwnsibililies and authority and limitations thereon of such other pel:son Will be as ).3 1. The Represclnr hive's defiling; in mattcn rleinin to the, pn_gite work will, 1 General he With (he I [ _INl I R aid S;QN I RACTOR: But, tho Replysengive W , _)cowl _thy MINT —.-RR nd\•.jseil about -such matters I'be Redxesent tivo's dealings will sulx;ontr ctors Will only lte through Or tu[h_thc hdl kno\yicd3e and nppro> Al of _tlle, CQi\rl I AC-1'oiZ 1;)u(les and Reslwnslbllitjo, I2ept etenla(ive 9_.2.1. Schedules \Rey icny the >ro less 19 SECTION 00510 NOTICE OF AWARD Date: April 2, 2008 TO: A-1 Chipseal Company PROJECT: 2008 Renewal, 6054 Asphalt Slurry Seal Project OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated April 27, 2007, for the above Project has been considered. You are the apparent successful. Bidder and have been awarded an Agreement for. 2008 Renewal, 6054 Asphalt: Slurry Seal Project. The Price of your Agreement is $324,012.84 Three (3) copies of each of the proposed Contract Documents accompany this Notice of Award. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by April 1.7, 2008. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear, your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. 9/12/01, City of Fort Collins OWNER i 4 By; J- es B. O'Neill, .I I, CPPO, FNIGP D'ector of Purchasing & Risk yanagement Section 00510 Page 1 by the Tqt coschhuii-�s itelned,' th rqu —� )zNCiNhtylZ,conccnupgacccigabJitY. 23,12. Conferences and, mqtij)t, - -j)gojjcj JACetiII19 oucti-as rIqUilction_meetings- I'leel) progress and and cir ae copiesofilli 9.32.3.1, -Strvc with COMMACTOR. ------- (0NI_TRACTOWS Superintenderrt t 9.3.2.3.2. _Assist in oblaming from OXVNMIJ2 or v A6no a t i n. Nv loll lixiui recl-fo-] sr-01m, ct'soc—ullojl ojrtl , Work. 9.3 233-6dvisc file-- FNGMI�f3P md LONYRACt( Z of the of any \Vork requili _-Im-a-sliop Dratymor gmilp1g,submitmon if (he oubmjsaionhw.-jxLt L-taaj)prmL(L_: d by a- - - M L_ . 23 2 -11 Le x, i den, cif \s,!ork. R cj c 0 1 i 0 11 of Defective it k, -J, ls L'o, —[,,) r, , in -0(! 1 9.3.2 A 1 CgrLcluct, or-sile ol,se, x, lions of ffitt,.Work, inprcpjesq to kujst, tlx r cielemu . ming.thot.the \Voqk j.sjrrocgkLIing_in. 32,41A; --- -AUcorn "t-n), ..... visiting w1wectors revreserrin _public o; other roel, NIVIll AMIRAMIOn OVCr lhC-1?.r0jCCL,rcad Lhg results of those inspectiom wicl 93,15. 10te(Pletition Contract Dmiments.-Rej.W to dArlifficl - It - 01) - torld inuyjLjowtioms of the ("Onti—Ict Docunlen CON IjR-IC I darifici ution and in -to of the Cor JIll 7N- i , oQuent.5; att mqa�qd'-Im -mhq 0 9.3.2.6. (Modifications. Consider "md I �llai, 19)0,8 (lqqOp(jjtiNj) 20 11"(11YONZORI Id frlt" I, AWO-- -- — ------- - ---- . . .... -raWY.- I'Misirk- Jo CO.NTRA(,'.'L(R decisions tssueAb Lha -11NIGI-N 9,3,28, P-eimts, Q3 .3,2.8,1. I'lliniMl ),,'NGINFJ4R pagiqj& !epom),15, is reqgircd, of the pr VvWlk I and of the CON OR:1 uO nalvance with the pro cos schedule and schedule tolulpile submittals. admica of I Scheduling III If 5LI lost jnMnlCtions or sanrl, o it Lofjlnuxlallt ph"Isas or the, Work,. 9,12,83, Dialt L)EMosod :171k— i'tIckUP IMI(clit'l and rewmille-01-to IINdi J,)!R Change we hItz 9.3.2.8.4. Report imillediriely to 3.,-.0-occurrencLof !).3.2.9. Payment Reque.sut, for -collIJIF"Ince Nvith the established piogeduto fortheir � EubOulmon- and --ion-vtlrd 110 ISNGUIlT iI R_noting patlieularly the Nclationslljp thoC e payment Iegm sied to the schcdgle_of ¢elk could cued Hq<I InoteriaIs—and eq,ujpinen deln'ar'ed of the site In>rt not uicyx li rn.ntcai in_ihe LSr�k. it 3.2..1Q. ColLnplttion_ 9.3,2101 ,uct Ceni�nte _s. a oollsubmit to CONRACTORn hst of obs_etvetl itelns ruuirin� corcection or completion-- _ __ n.32.1Q2 Conduct tilt Ins)xction ill the eontgngy of the 7 NCItQI 112, OyrN131,2 nn( ( ONTI;AC 1 Q12 allsl,pl pn: p, fJla� 6sl,,,gf Items to be utgeoted or completed, 9.3.2.10,3 observe, Ihnt till items_ on II)e hnal.tigt,lm r been egr,Ceu}gdor willtLetod In(] make raconunenc4nions _ m )?N(i7NP.)R c011Ce4111)�AICCpIHny _. 2_9.3. (..imitation of Auto)ri}!: 'Lhe Represenlmive shall not: 9 }.3. 1,_ :Wthorize anv deviluoncfront the C ottlr'IU_, 1)<xunt{,n1.=or a(ccpL ,,., 111_sstitulo materials or e ugrllellt, unless authoriz_e.<l hy_tlue EIJG1N131R. 9332EXCced Ium inCtiuns of EN(GINEER'S wlhol n}. ?s Sol for Ill in the Contract Due one entc, 9 3 Undertol.e any of the lesImIsibihit" of the CONFJ RAC,fOR Subconhnc,[pLs_ or ( ONTRA("fOI< S suq>eri)14ende�, 9,3.3,4.Advise on,_or issue llil;ections relative to of fssunl>L wnlrcll_m�,er Any aspect of the l)lemus. method, echnyuesse�tg po_r _nor pesuch is gxsificn Ilv celled for in ll)c Contract i)ocunlenls, 9.3_3.5. Advise nn or i.csuc 5lireclinns tlegflrd_ng,__lir n_gulhc__cpnlrul,,,, goer suet}' pacauli9ns tn<I nroerl ns in comxelwns �y�ilh_thg Work. 9.3,__3.6. Aceeot.__Sbop _prn)vinics or» sample . gulnnitlals__.from_..an tom._ other than filec�.Nrr3,�rcxz. 9.33.7. Aulhome OWNER Io Occupy the l�jgl_t _nr wh4tc w I,n.l>.gl . q. PP=rlich>ale....i specalim(If@Id._. or hlan sfor�tcslg of mWedions condnoted ,ll};olhen exc pt _ns speclfiailly _author neJ by._ tile auogEti. Gnri,/icafinns and Luel7>rc(arinus:• 4. ENGINEER will issue with reasonable promptness such written clariGealions Or interprcdnuolls of the MCDC v"IiNR.RAI. coml TIONS 19105 (I M Elkton) w/(1'i'1' OIlVOIk1 COLLINS NIODIRICA'I'IONS (Mil' 412000) requirements Of the Contract Documents (in the form of Drawings or othmavise) as ENGINEER may deterono, necessary, which shall be colloslonl. widh the intent of and raasonably inferable front the Contract Da:umcnls. Such vailten olariliuuions and iruegmetntions will lw binding on OWNER and CONTRACTOR. If OWNER or CONTRACTOR behevos that a written clarification or integxetation justifies ul adjustment ut (Ile Contract Price or the Contract I hoes and the paies are unable to agree to the mnount or extent thereof, if any, ORrNER or C01ITMACTOR nmy [make o written claim therefw as provided in Article I I or Article 12. Anthmized Mareafionsis WarhP 95. RNGIATEER may authorize minor varahons in the \\ oric flout the requirements of the Conflict I)Ocuments which (lo not involve an adjustment in the Contract Price Or the Copulae[ 'Times and are compatible with the design concept of' the completed project as a functioning whole as indicated by the conhnct Documents. These may be accomplishe(1 by s Piel(i Order and will be binding on OWNER and also on CONTRACTOR who slip ix,rornl the Work involved promptly. If OWNFER NCONTRACTOR believes that a Field Order justifies an 1(husmhenl in the Coot rtcl Price or the Cymlrtcl Times and the parties are unable to agroo as to the amount or extent thereof, OWNER Or CON']RACI'Ol: onto make a written claim therefor as provided in Article 1 f of 12, Rgicefing,l)efective Rlodi: 96 I?NGII'lliER will have authority to disapprove or select Wort: which 1 NG[\7.ER believes to he doJoctive, or that ENGINEER bolic ce will not produce a Celt Project that conforms to the Contract IJocmucnts or filet will preju(lice the integrity of the design concept of the c(Inplel'ed Project its o functioning whole as irulicnle(I by the Contract bmumenls. ENGINEER will also have au0horily to require special molxoction or testing of the \Noll: as provided in paragraph 13.9, whether or not the \Volk is fabricate((, installed or comploted. S'hap Draroiagal Change Orders anel Pgwnerus: 9.7. In connection with ENGiRT]SR's nulhority as to Shop Drawings and Samples, sec paragraphs! 24 through 6.28 i n f usive. 9.8. hr comtection with L+NGIMiER's authority as to Change Orders, see Articles to, 11, and 12. 9.9. in connection of 0i ENGINISER's authority as to Apolications for Payurent, see Article 14, Dwlrmirmlina,vfor Uni( Prices: 210. ENGINEER will determine, the actual quantities and classifications of Unit Price Work pedconed by CONTRAC"fOR. ENOMFER will review Mill CONTRACTOR the P.NGIM3ER's preliinnmy (lelcnuinatiau on such matters before rendering it writuin decision the] coll (by recommendation of an Appliatlion 21 Ito' Payment or otherwise). ENGINT.bR's wriucn decision Ihcreon will fie final end binding upon OWNER and CON'TPAC'fOR, unless, within ten days after the date of any such decision, either OWNER or C0NTT:AC1'OR delivers to the other And to LNGINEER written notice of intention to 'plum Gan ENGINEER's decision and: (I) all •IPpea1 from LNGINiEl2's decision is taken within the time limits and in lecordanoc with the procedures set forth in Exhibit OC-A, "Dispute Resolution Agreement", entered into between OWNER And CONTRACTOR pursuant to Article 16, or (ii) it'll such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appotding party in A Corum of comlxlent plisdiction to exercise such rights or remedies as the appealing Isuty may I ave with rospect to ENG1NEIi12's decision, unless oihe vise agreed in writing by OWNER and COi I'I'RAC'fOR. Such Apjxal mill Plot be sullied to the procedures of par agmph 9. i 1. Decoviorr.s oil Disputes, 9.11 ENG11JIiER will be the initial ime'preter of the requirements of the Contract Documents anti judge of the Acceptability of the Work therewndet, Claims, disputes and Other ")natters relating to the acceptability Of tine Work or Ole interpretation of the MiLliremrcnls of the Conn-A,t Documents pertaining to the performance And rumishung of the Work and claims under Articles I 1 And 12 in reslxctof changes in the Contract Price or ConlrAct Times will bo raCerced initially to ENGINEER in writing with A request for a faunal decision in Accordance with this p1mgraph. Written notice of each such chins, dispute or other manes will he delivered by the claimant to ENGINEER. And the Odle) pally to the Agreement promptly (but in no oven pater than thiny days) after the start of the occurccnce or event giving rise thereto, And written supporting data will he submitted to ENGINEER And the labor party within sixty days after the start of such occurrence or event Auess ENGINEER allows An additional pencil of time for the. submission of additiould amore accurate data ub support Of such claim, dispute or other matter. The oppos(ng party shell sabre it Any response to ENGINEER And the clainnInt within thiriv dAys ater receipt of the claimants last subillatal (finless ENGQNLER Allows additional time). ENGINEER will render a formal decision in writing within thirty days after to cipt of the opposing patty's submittal, if Any, in accordance will, this paragraph. ENGLN-MR's written decision on such claim, dispute or other matte will be final and binding upon OWNER and CONTRACTOR unless: (1) an appeal from ENGINIiLR's decision is taken within the time limits and in Accordance with the proeedmos set forth in EXHIBIT GC -A, "Dispute Resolution Agreement', entered Ono between OWNER and CONTRACTOR pursuant to Article 16, of (n) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINE,'+12's written decision is delivered by OWNER or CONTRACTOR to the other and to UNG1N'LLR within minty days after the date of such decision and a formal proceeding is instituted by the Appealing party in A forvnn of competent jurisdiction to exercise such rights no roncdlies as the appealing party may have with res act to such claim, dispute or other matter in accordance wi(� Applicable laws Ind Regulations within sixty days of the date of such 22 I-ICDCOMER.AL CONDI E01gs 1910"a (199A GtliliCnu wrorn' or Pair qo,w Ns Nootrncna'tons Otpv arzoaoh decision, unless otherwise agreed in writing by OWNER and CO3QTFRAC OAR. 9,12, When functioning As interpreter Anil judge under Pill agraphs 9.10 and 9.11, EAQGIN1bHR will not show parnaliy' to (ArNER or CON'1RACrOR And will ml be liable tin connection with any interlxekd,, or decision rendered in Rood faith in such onpamty. Tho rendering of , decision by LNGIN'P,EI2 pursuant to paragraphs 9.10 Or 9.11 with respect for any such claim, dispute or other urns (cxccpt any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will he A condition precedent to any exorcise by OWNER or CONTRACTOR of such rights or remedies as either may othereise have under the Contract Ihrxmncnts or by Laws or Reguhatita s in reslxct orally such clean, dispute or other matter-pursuant-to-Aniclo--1 d. 9.13. Lianirnriouv on ENCINEMP's Aullionly And Responsibilities: 9.13.1. Neither B-NGINEER's authority or responsibility under this Article 9 or under any other provision of the Connect Documents not any decision ")alto by EMINGLR tin gond faith arguer to exercise or not oxercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility, by CaNGINLL'R shall create, innpose or give rise to Any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, Any Supplier, any other person or Organization, or to any surety for or employee or agent of any of them. 9,33.2. 1ENGINLLR will not supervise, direct, control or have authority, over or be responsible for CONTRACrOR's means, methals, techniques, sequences or procedures of costmction, or the safctg' precaution Flnd progranns incident thereto, or for any Inilure of CONITRAC TOR to comply with 1,ews mil Regulations applicable to the funaushung or performance of the Work. ENGiNLER will not be responsible for CONTRAC'TOR's fuluro to potion, or lumish the Pork At :wcordame with the Contract Documents. P.13.3. ENGINEER will not be responsible for (lie Acts or omissions of CONTRACTOR. of of any Subcontractor, any Supplier, or of any other person or organization px-l'orming or famishing any of the Work. 9.13.1. LIQGiNb:LR's review oC the final Application lot ' Payment and aceonipnyuA, documentation and I'll mainenmxe and Operating instructions, schedules, guarantees, ,Bonds and certiftemes of irspeoion, tests atop Approvals mill other dLINAlentalion roquired to be delivered by paragraph 1412 will only be to deurnhine generally that their content complies with the requirements of, and in the caso of certidanes of inspections, tests and approvals that the r,,a dl, certihed indicate compliance with, the Contract Documents. 9.13.5, The limilations upon authority and responsibility set forth in this paragraph A13 .shnI also apply to ENGIN3ER's Consultants, 12esidnrl Project Representative Intl assistants. ARTICLE 10—C13ANGES LNT1111MORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any, tinge or from time to time, order additions, deletions or revisions in the W0)k. Such additions, deletions or revisions will be authorized by a Written Amendment, a (Change Order, or a Work Change. Directive, Upon Ieceipt of any such document, CON'1•IZACTOR shall promptly proceed wilb the Work involved which will be performed under the applicable conditions of the C:omicid Documents (except Is olhmwise specifically provided). M2, If OWNER and CON'I.12ACTOIZ are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of lire Contract Tunes thin should be allowed as a result of a Work Change Directive, a claim may be umde theretor as provided in Arlicla I 1 or Article 12. 10.3. CONTIUV rOR shall not be entitled to an increase in fire Contract Price or in extension of file Contract Times with respect to any \Mork performed that is not required by the Commit 'Dootlawnts as amended, modified and supplemented as provided in paragraphs S.,S and 3.6, excellt. in tho else of an umlergency as provided in paragraph 6.21 or in the case of uncovering Work as provided in paragraph 139. 10.4. OWNER and CONTRACTOR shill exemae appropriate Change Orders recommended by hNGlNfilil2 (or \'`kitten Amcudnrenls) covering: 10.4. 1. changes in tine Work which are (i) ordered by OWNER pursuant to plagraph 10.1, (ii) required because of acceptance of deleclive Work under Imagtaph 13.13 or correcting doleclive Work under Paragraph 13.14, or (iii) agreed to by the parties; 10.4.2. changes in the Contract. Price or Contract Times which are agreed to by the parties; and 10.4.1 changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by GNGMFLI2 pursuant to pmugraph 9.1 l; Provided that, in lieu of executing any such Change Order, an appeal may be taken Goa any such decision ui accordarce with thz provisions of the Conn'ac( Documents and applicable laws Ind Regulations, but dm ing mlv such appeal, CONTRACTOR shall carry on the Work and ocillm to the progress schedule as provided in paragraph 6.29. 10.5- If notice of any change affecting the general scope of the Work or file provisions of the Contract Documents MCDC OCM'.RAL CON'DI'n ONS 1910,2 (1990 Gditioni w/ C'1'S' OP YOIITCOLI.MS MODI1'ICRr1ONS (INW &U160) (including, but not limited to, Contract Price or Contract '..Times) is required by the provisions of any Bond to be 'given to a surety, the giving of any such notice will be CONTILACTOR's responsibility, and the amount of each applicable Bond will be acjused accordingly. ARTICLE 11--CIIA)NGE 01c CONTRACT PRICE )1.1. The Contract Price constitutes the Intel condensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Walk. All duties, respormmibilities and obligations assigned no or undertaken by CONTRACTOR shall be at CONT12AC'f OR's expense without change in the Contract Price. 11.2. 'Pile Contract Prioe cony only ho changul by a Change Qolcr or by a Whitten Amendment. Any claim nix an adjustment in the Contract Price shall be bimxl on writto» notice delivered by the party making the claim to dle other party and to ENGINEER promptly (but in no event later that) thirty clays) after the start of the recurrence wevent giving rise to the claim Ind stating the general nature of the clairm Notice of the amount of the claim with supporting data shall be deliveixd within sixty days after the start of such occurrence or event (unless IiNGIV17LIZ allows additional time for claimantto subnil additional or more accurate data in support of the Blain) and shall be accompanied by claimant's written statement that the adjushnent claimed covers all known amounts to which tire claimant is enlitlect as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGMEGR in accordance wide paragraph211 if OWNER :urd CON112ACTOR cannot otherAym, agree on the amount. involved. No chaun for an adjustment in the Contract Price will be valid if nog submitted m accordance with this paragraph 11.2. 1 L3. 'file value of In), Work eoveed by a Change Order or of any claim for In adjustment in the Contract Price will be determined as follows: 11.31.1. where the Work involved is covered by wilt prices contained in the Contract Deeumenls, by application of such unit prices to the quantities of the items involved (subject to die provisions of 23 lyuagraphs 119.1 through 119.3, inclusive 11.3.2. whero the Work involved is not covered by not prices contained in the Contract .l )oeun'ents, by a mutually agreed payment basis, including lump sum (whiel' may include an allownnee for overhead and profit not necessarily in accordance with paragraph 11.6.2); 1 ).3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under lmnueaph 1112, on the basis of the Cast of the Work (determined as provided in parnuraphs 11.4 and 11.5) plus a CONITIZAC'AVe fee for overhead and profit (dctenuined as provided in pmpgraph 11.6). Cast ofthe Work: 11.4. Inc term Cost of the Work meal, the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performairee of Ole Work. Except as otherwise may he agreed to in writing by OWNP,R, such costs shall Ix it, 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: 1IALpayroll costs fix employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed ulxm by OWNER and CONTRAC'1'O.R. Such employees shall include without limitation superintendents, foremen and other persora'el employed full-time at the site. Payroll costs for employees not employed full-time on the Work shall be appo llu ed on the basis of their time spxnt on the Work. Payroll costs shall inoldde—lwtava he halited to; salaries and wages plus the cost of fringe buaefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and-retiremettt benefits, bonuses; sick leavvaeatiorrmid-hohda\� pay applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal ltoliclays, shall ;;included in the above to the extent authorized by OWNI!iR. 1).4.2, Cost of all materials and equi anent furnished and incon>onited in the Work, including Costs of transportation and storage thereof; and Suppliers' field sericess required in connection therewith. All cash discounts shall accrue to CONT1'.ACTOR unless O kWER deposits fiords with CONTRACTOR with which to make payments, in which case the cash cliscuunts shall accrue to 0R'1JPIt. All trade discounts, rebates and refunds anal returns front sale of surplus mmensils and equipment shall iconic to OWNER, and C0N'T12AC'f02 shall make provisions so thnl they may be obtained. 11.4.3. Payments made by CONTRACTOR to the, Subcontractors for Work ixrfonucd or fimrlshed by Subcontractors. If rquired by OAXTILR, 24 GICDCG[NFlrM CONDTTfON.S 1910.8 d990 Gdlrin') col CI'l i' OP PORT WLI,INS hfODIP1CpTlONS (RP;V a/?OOrQ CONYRAC'I'OR .shall obtain comlxtitive bids £front Subcontractors acaplable to OWNER and CONTRACTOR and .shall deliver such bids to OtVi�BR who ,will then detem'ine, with the advice of 14NOINLLT1 which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be laid on the basis of Cost of the Work plus a fee, the Subcontra um'.s Cost of the R'w$ and fee shalt be determined a' the same manner as CONfRACTOR's Cost of the Work and fee as provided in lnnagriphs 11.4, I1.5, 11.6 and 11.7. All subcontracts shall be subject m the other provisions of the Contract Documents insofar as alry'licable.. I AA, Costs at'slxcial consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services s)xcificnlly related to fhc Wort:. 11.45. Supplemental costs including the following 11,4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CON"TRACTOR's employees incurred in diseha oe of duties concocted with the Work. 11.45.2. Cost, including transportation and maintemnrcc, of all materials, supplies, equipment, machinery, appliances, office rind temporary facilities at the site and hand tools not owned by the workers, which are consumed in the lxrtonnancc of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4,5.3, Rentals of all construction equipment and machinery and the pans thereof whether rented from CONTRACTOR or others in accordance with rental agreements opposed by OWNER with the advice of SNGINSJSI , and the costs of iransponntion, loading unloading, installation, disntmu9ing and romoval lhorcof-all in accordance with terms of said rental anpeemerts. "fhc rental of any such equipment, machinery or pans shrill cease when the use thereof is no longer necessary for the Work. I I !.SA. Sales, consumer, use or similar taxes related to the Work, and 1br which CONTRACTOR is liable, imposed by Laws and I2cguhaions. 11,4.5.5. Deposits lost for causes other that negligence of CONTRACTOR, any Subcomrador or anyone directly or urdnectly employed by any of them or for vrhole acts any of then' play be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and li)mishhng of tine Wolf( (erupt losses and damages within Ole deductible announlx of properly insurance established by (lVNli12 in accordance with paragraph 5.9), provided they Ivive resulted from causes other than the negligoncc of CON"TRACTOR, any Subcontractor, or anyone directly oindirectly employed by illy of them or for whose acts any of them may he liable Such losses slmll include settlements made with tine althea consent Ind approval of OWJ\TI'.R. No such losses, damages and expenses shall be included in the Cost of the Will for the putposo of dutenninall, CON TRAC'fOR's fee. If, hoe'm•er, any such loss or damage Iquitos reconstruction Ind CONTRACTOR is placed in charge Oraool; CONTRACTOR shall be paid for cetvicas I fee propwltionmc to that stated in paragraph 11.62. 11.4.5.7. 'I'hc cast of utilities, fuel and sanitary facilities at file site. HA5.5. Mblor cxfonscs such as teleganis, long distance telephone calls, telephone seneice at Ihe site, expressage and similar petty cash items in connection Willi the \Volk. 11 A.5.9. Cost of prcntiunls for additiond Bonds and insunmce required because of changes in Ihe. Work. 1 1.5. 'f he temp Cost of the Wick shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, eslinralors, attorneys, auditors, accountants, purchasing and contracting agents, expediters, titnekeepers, clerks and other personnel employed by CONTRACTOR whelhar at the site or umploye) CONTRACTOR's princileal or a branch oflice for general a<Lnu)ish'atien of the Work and not spceiGcally included in the agreed upon schedule of lob classifications referred to in paragraph 1 LE.1 or spoolically covered by paragraph I LA -all of which are to Ix considered administrative costs covered by the CON't'RACTOR's lee. 11.52. 6xdsnses of CONTRAC'1'OR's principal and branch offices other than CONTRACTOR's office at Ihe site. 11.5.3. Any pail of CONfRAC MIZIs capital expenses, including interest on CON:rRAClOR'S capaal °mpl%yod for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4, Cost of premiums for all Bonds and Cor all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (axed t for the cost of premiums covered by subparagraph 11.4,5 9 above). 41CDC GCNCIiAI. CO7JDI'nONS 1910�5 (1990li4iniaia 1"/(:1'IY Of PORa' COUJN3 MON Fl(:A'I'IONS OWV dh.ODO) 11.5.5. Costs due to the negligence of CONIRAC1'OR, any Subcontractor, or anyone directly or indirectly employed by any of them or lot Whose acts say of them may he lmWo, including but not limited lo, the correction of dc(ec[ive \Volk, disposal of materials or equipilent wrongly supplied and making good any damage to property. 11.,5.6.. Other overhead or general eyense costs of any kind and the costs of any item not specifically and ey)ressly included in paragraph 1 1.4, 1 LG The CON'ITAMR's fee allowed to CONTRAC'I'OI2 for overhead and protn shall be determined as follows: 11.6.1, a nmlually acceptable fixed fee; or 1 l.6,2. if a fixed foe is not agreed upon, than a fee based on the 1'0110emg percentages of Ole various portions of the Cost of the Work: 11.6.2.1. for costs inclined trader lragraphs II-1.1 and 1142, the CONTRACTORs fee shall be fifteen percent; 11.6.2.2, for costs incurred under paragraph 11.43, (he CONTRACTOR's fee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is aglood upon. the intwtt of paragraphs 11.4.1, 11.4.2, 11.43 and 11.6.2 is that the Subcontractor who actually ferforms or furnishes Zile Work, at whatever tier, will tic paid a fee of fifteen peroent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.11.2 and that any higher tier Subcontractor and CONTRACTOR will each be ryai(i a ice-ofd�ive-laercent-of-Ihe-amount—pain-(o Ehe-next lower-fi�Y-SubennttnetoF to be nceotj[ed in amd faith Willi IIl c U)\VNER brit not too m five x1cont of the amount filed to the next lower tier Subcontractor. I1.6.2A. no foe shall he, payable on the basis of costs itemized under paragraphs 11.4.11, 11 A.5 and 11.5; 13.6.2.5. the amount of credit to be allowa(I by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction iu CONTRACTOR's fee by an annount equal to five for cent of such net decrosse; and 11.6.2.6. when both additions and credits coo inched in any one change, the adjustment. in CONTRAC'TOR's fee shall be computed on the basis of the net change in zecordonce with paragraphs 11.62.1 through 11.6.2.5, inclusive. 11.7. W cnever the cost of any Work is to be 25 dana111 ined pursuant to paragraphs 1).4 and 11.5, CONTRACTOR will establish and maintain records thereof inneaardnnce with generally accepted accountrig practices and submit in form acceptable to ENGIN'HR an itelli zed costbreakdown together with sairy?orting data. Cash Al(rnvances: I I . It Is understood that CONTRACTOR has included in the Contract Price all allowances so nailed in the COtln'Ent Documents and shall muse the Work so covered to In alruslred and performed for such sums as may he acceptable to OWNliR and EN(i1NEVR, CONTRACTOR agrees that: 11.5) the allowances include the oast to CONTRACTOR (less any applicable trade discounts) Of materials and equipment required by the allowances to be delivered nt ilia site, and all applicable taxes; and 11.8.2. CONTRAC"TOR's costs for unloading slid handling on the site, labor, installation costs, overhead, profit and other espouses contemplated for lire allowances have been include.([ in late Contract price end not in the allowances and no (remand for additional Iayntcnt on account of any of the foregoing will he valid. Prior to final payment, An appropriate Change Coder will be Mood as recaunronded by ENGIMIE±R to reflect actual amounts due CONTRACT OR on account of Work covered by allowances, and the COna'aot Price shall be correspondingly adjusted, 11,9. Unit Price Wm9r' 11.9.1. Wherodle Contract Documentsprovide that all or pet of the Work is to be Unit Price Ayolk, initially the Contract Bice will bo deemed to include for all Urat Price Work an amount equal to the sum of tote established unit I?ricer for each separately identified item of Unit Price Work times the estimated quantity Of each item as indianed in die Agreement. The esullialed qumdines of hens[ Lhin Price Work ilia not guaranteed and are solely for the pur osc of comparison of Bids and dofennining an initial Contract Price. Determinations of the actual quay hies and classifications of Unit. Price. Work lxdnnned by CONTRACTOR will be mach by ENGRr3MR in Miss dance with paragaph 9,10, 11.9.2.. Each unit price will in deemed to include an amount consideral by CON'FRACCOR to be adequate to cover CON fRACTOR:s overhead and profit for each separately identified item. 11 n,3.O\VNd-R or CONTRACTOR nrsy make a claim for an adjustment in the Contract Price in accordance with Articic I if: 11.9.3.). the quantity orally inou of Unit Price 1Vork Ixrlonnul by CONTRACTOR diflel:s materially and significantly Goal Ilse estimmtcd quantity of such item Indicated in Ilia Agreement; of GICDCCtt1ItGR.\LCON�1"IrONa 1910.8(1990 peiGgn) x1 my 01' PORT ('01,1.1 it's N101)1PICA'r10Ns (niiv NZ000) and 1 I J.3.2. there is no correslondnrg ,nhushnent with respect to any other hail of Work; and 17 9.3.3. if CONTRACTOR believes than CONTRACTOR is entitled to an increase in Contract Prica as a result of having incurred aclditionnl expense or OR'N13R believes that OW ER is entitled to a clear ease in Conrad Price and the parties are unable to agree as to the anlountof any Stich increase or decrease. 1193.4, CON):RACfOR acknoadedPes that the 0\VN!—R has the right, to end or,delete Llrlils in tale 13id �r charge qunnuucs aS..Q�Vlvl R.s sole clk,raton without affectrn th• Ca act A — of em. renremill _ ,a item do long the deletion or addition ,dq _. cznlgfn ts4acx_ _o.ima-ra_nr_U__aro. ARTICLE 12--CIIANGE OF CONTRACT" TIMES 12.1. The (can act flues (or Milestones) ))lily only be changed fly a Chmlge Order or a Wntren Anrencknent, Ally Clara lot an adjustment of the Contract 'Times (or Milestones) shall be hand on written notice delivered by the petty making the claim to (he other party And to Mg3)NE''R Ill olnplly (but in no event later than thirty days) aRe the occurrence of rile eventgiving rise to the chain and soiling the general nature of the claim. Notice Of the extent of the claim with supinuing data shall be delivered within sixty dayys after such occurrence (unless IlMrNIi1R allows additional time to ascertain itch accurate data in support of ilia claim) and shall be rlccompanial by the claimnnt'.s WE statement flat the irdinsaoett cininled is the entire a(IjuMme t to which the claimant has reasoll to believe It is entitled a3 a result Of the occurrence of said event All claims for adjustment in The Contract Times (or iv6leslones) shall be ddenuincd by ENGIN ER in acawdauce with paragrlph9.11 11' OWNER and CONTRACTOR cannot otherwise agree. NO clam for mil adushnent in Ilia Contract Timas (or Milestones) will be valid if not submitted in accordance with the requimments of taus paragraph L21. 12.2, All lime limits slated in file Comract Documents are of the essence of the Agreemcot. h23. Where CONTRAC"rO.R is prevented hour Completing any part of the Work within the Comract 'Times (or I Aestones) clue to delay bayond the control of CONTRACTOR, (he Contract 'Imes (or Milestorw) will be extended in an amomt equal to little lost due to such delay if a claim is ni Ade therefor as provided it, paragraph 12.1. Delays boyond the oonlrol of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, nets or neglect of utility owners or other contractors ixrfonning other wolf( as contemplated by Article 7, funs, floods, epidemics, abnomrd weather conditions or acts of God. Delays ;nlributahlc to laid within the control of n Subcontractor or supplier shall be deemed to be delays within the camtiol of CONTRAC'1'012. 12.4. Where CONTRACTOR is prevented fi alit colnpletutg any Ixrrt of the Work within dre Contra ct'times (01 Milestones) due to delay beyond the control of both OWNf:R and CONTRACTOR, an extension of tire Contract 'Times (o) Mles1ones) in an .Mount equal to the limo Rol due to such delay .shall be C0NTI2.4CTOR'.s sole and exclusive remedy for such delay. it, no evert shall (:A>,TER I.x liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organisation, or In any surety for or oreployce, or agent of any of G)cnl, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the Control of both parties including but not hauled to, Gres, floods, epidemics, abnormal weather conditions, acts of God or acts aneglect by utility owners or other contractors ferfonn ing other work as contemplated by Article 7. ARTICLE' 13.-TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFEC7711E WORK 13.1. Noticcgj-Defvelr: Picanpi notice of NI defective Work of which O\ifNbR or ENGINEER have actual knowledge will be given to CONTRACTOR. All defective Work muy lu rejected, corrected or accepted as provided in this Article 13. Accers to Warlr. 13.2. OWNER, INGINEER, IiNGJN1i13IZ's Consultants, other representatives and persornel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at. teasartahla—times for their observation, inspecting and testing. CON'MACTOR .shall provide them proper and safe conclitiom for such access and advise them of CONTRAC"1"OR's site .safety procedures and programs so Oral they may comply therewith as applicable "Pests nudOcspecfionx: 13 i. CON'I'RAC:fOR shall give fAs MEFR timely notice of readmess of the Wort: for all required inspections, lcsls or approvals, and .shall cooperate with inspection and testing personnel to (aciitale requird inspections or tests. 13.4. OWNER shall employ and pay for the services of an indelxndent testing laboratory to perform all utspections, tests, or approvals required by the Contract Documents except 1.3.4.1. cot impeetions, tests or approvals covered by paragraph 135 below; 13.4.2. that costs incurred in connection with tests or iaspccdons conducted pursuant to paragraph 13.9 MCDCGIMMAL CONDIl10N.S 1910-S it f,90 E,1aj.a m/ CI1'1' 013 r0 tI C'OLUM MODatlG'i'If>NS (RCV ai2000) below shall be paid as pn>videct it) said paragraph 13.9; and 13.4.3. as otherwise, specifically provided in the Contract Documents. 13.5. If haws or Regulations of any public baby having jurisdiction r'cquirc airy Work (or pail tho col) six;clhe dly to to inspected, tested or approved by an ranployee or Other representative of such public body, CON'TRAC'rOR shell assume full resf,tnsibilily for arrmoging and obtaining such inspections, tests or approve Is, pay all costs in connection therewith, and famish ENGINEER Ore required certificates of inspection, or npproval. CONTRACTOR shall also be responsible for slanging and obroirring and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENG]NbER's acceptance of materials or equipulent to be incorporated in the Wark, or of materials, nt is designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for inora oration in (lie Work. 13.6. If any \drank (or the work of others) that is N be inspected, tested or approved is covered by CONTRACTOR without \writtell concurrence of ENGINRIAZ, it must, if'requested by ENGINEER, be uncovered for observation, 13.T Uncovering Work as provided in Im'agraph 13,6 shall be at CON I'RACTORk axlxnse unless CON'MAC"TOR has given ENGINEER timely notice of CONrEACfOR's intention to cover the same and Id'NGINI31iR has not acted with reasonable promptness in response to such notice. Uncovering fV'orF: 13.5. if any Work is covered contrary to the written request of ENG1NfiE& it must, if requested by rNGiNEER, be uncovered I'or ENGIINEER's observation and replaced at CONTRACTOR's exlx lse. 13.9. rf ENGIN 'R considers it necessary or advisable that covered Work be observed by ENGINEER or inspu;tal or tasted by others, CONTRACTOR, at fiN(i1Nf]Sli's request, shall uncover, eyose or otherwise make available for observation, inspection or telling as ENGINEER tray raluire, that Iortion of the Work in question, famishing all necessary labor, material and ecluipnlent. If it is found that such Work is defective, CONTRAACTOR shalt pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, esposurc, observation, ursixetion and testing and of satisfactory replacement or reconshuction, (including but nor limited to all costs of repnn or replacement of work of others); air([ OWNER shell be entitled to in appropriate decrease in the Contract Price, find, if the parties are unable to agree as to the amount thereof, may hake a claho therefor is provided in At liole 11. If, however, such };pork is not found to be defective, CONTRACTOR shall be allowed an increase in lire Contract Price or an oxtension of the Contract Times (or Milestones), or loth, directly attributable to such 27 uncovel'Ing, espostlre, obselvition, insfection, testing, roplaccalenl and reconstnlction; and, if' the parties sae ululble to aggee as to the amount or extent thereof, CON'I'RAC'LOR may make a olFlim therefor as provided in !v'liclus' 1 I and 12. OIVNCR A-4gr Stop the W0j9r: 13.10. If the. Work is defective, or CONrFj%CI'OR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or pertornl the Work ua such a way that the atng9eted Work will conforul to the Contract Documents, OWNER ,illy order CONTRACTOR to stop lire Work, or any portion Ihercot; until the cause for such order has ball eliminated; however, this I igb of O1VN'13R to slop die Work shall not give rise to any duty, on rile part of OWN13R to exercise this right for the benefit of CONTRACTOR or any surety or other pity. Correction or Removal of Defective Work.. B.11. If required by LNGINlER. CONTIiACIDR shell promptly, as directed, either correct all defective Work, whether or not fabricated, instafled or completed, or, if the Work line been rejected by LNGINliLR, remove it. Gan the site and replace it with Work dint k not defective. CONTRACTOR still[] fay all claims, costs, fosses and damages caused by or resulting front such correction or removal (urduding hot not limited to all vosls of repair of replacement of work of others). 13.12. Correction Period: 13.12.1.If within one-year two years after the date of Substantial Completion or such llonge lwriocl of little as ]ally he prescribal by Laws or Regulations or by the tens of any applicable special gum'mrtee regaiiect by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defeclive, CONTRACTOR shall promptly, without cost to ONVNLR and in accordance with OWNER's written instructions: (i)con'ectsuch defeclive Work, or, if it has been rejected by OWNER, remove it Goal the site oral replace it with Work that is not defective, and (h) sahsfactori]y correct or remove and replace any damage to other Wort: or the work ol'others reselling therefioni. If CONIRACT'OR does not promptly comply will) file taints of such inslruclions, or man emergency where Clelay Would cause serious risk of loss or damage, OWNIiR may have the, defeclive Work corrected or the rejected Work ranoved and replaeed, laid all claims, costs, losses and damages caused by or resulting Gen such ranovaf and replacement (including but not limited to all costs of repair or replacanenl oC work of Others) will he paid by CONTRA(:' OR. 1.3.12'2111 special cireunstinces where a particular item of equipment is paced in continuous selvice before Substantial Compleion of all the Work, the correction period for that item ally start to run foal an earlier date if .so provided in the Specifications or by Written Amcndnhent. 13,12.3. Where defeclive Work (and damage to other 28 c:rcnccen2nm.coNDmoxslsiasti99ornat�ap wl cnry or roaa'ca.uNs mhonu�lcn'nonrs duiv anonm Work resulting therefrom) his been correcte(j, removett or replaced under This paragraph 13.12, Ilse correction perial heeula er with respect to such Work will be eietended for an additional period of one-year yyp,_yeals after such correction or rana•al :cod replacem efn has been Wisl aclorily completed. Acceptance ofD¢feetiee Worh: 13.13, 1f, instead of Yalu it correction or removal and replacement of defective Work, (;uat prior to ENGIMIC,Rs recommendation of final payment, also BNONEPR) prefers to accept it, OWNli12 may (to so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNL'R's evaluation of and determination to accept such de/ctive \Volk (such costs to be. approv YI by L'NGCNfilil2 as tp reasonableness). If any such acceptance occurs flier to ENGINIiFtk!, recommendation of final payment, a Change Order will be issued 'atcorfwrating the necessary revise= in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the aurount thereof, OWNL12 may make a claim therefor as provided in Article 11. IC the acceptance occurs aher such recommendation, an appropriate. mnounC will be paid by CONTRAC't•OR to OAVNIiR. OILER bfgp Correct Defecth•e Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENOINE1iR to correct de%edive Work or to remove and replace rejected Work ac required by ENOINIMIZ in accordance with paragraph 13,1 1, or if CONTRACITOR fails to perform the Weak in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provisionl of the Contract Documents, OWNER may, after seven Clays written notice to CONTRACTOR, correct and remedy any .such deficiency. In oxe'cising the rights and remedies under this paragraph OWNER shelf proceed oxfteditiously. In connection with such collective and remedial action, OWNER may exclude CONTRACTOR from off or part of the site, use possession, of all or palt of the Work, ant[ suspend CONTRACCOR's services related thereto, hake fxtssession of CONTP •1CTOR's tools, appliances, construction equipment and ntachinely althe site and incogtoraua in the, Work all materials and ecluipmerd. storal it the site or for which OWNTLP has paid CONTRACTOR but which are stavrl ehaihere. CON'CRACTOR shall altow OWNI3R. OWNER's represernalivcs, agents and enhployces, OWNERS other' oonbmotors and IiIQG,1N1.iER and ENGINEHR's Consultants access to the site to unable OWNLIZ to exercise lire rights and remedies under this Inragraph. All chains, costs, losses and damages incurred or sustained by OWNER in exercising such rights and mliedies will be charged against CONTRACTOR and a Change Order will Inc issued DueuPorafing the accessary revisions in tire. Contract Documents with respect to the Work; and OWNER shelf be entitled «tan appropriate deelease in the Contract price, and, if the parties are unable to agree is to the amount thereof, OWNER may stake a clahu therefor as provided in Article 11. Such claims, costs, lassos and clamages will include but not be limited to all costs of repair or replacement of work of others destroyed or danuieed by correction, removal or roplicelent of CON rRAC'iOR,$ rIvIoctlVe Worlc. CONTRACTOR shall not be allowed an extension of the Contract Tiaras (or idlestones) because of ally delay in parfonnance of the Work attributable to the excroise by OWNER of OWNER'S rights mad rontedies hereunder. ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of I%afues: 14.3. 1'he schedule of values established as providecl in yaragraph 2.9 will serve as the basis for progress payments and will be incorlwmted into a form of Application for payment acceptable to 13NGIN13EL2 Pi ogress payments on accountof LUut Pries Work will be bused on the number of trails completed. olpplicnrion ja'Progress'PaPureul: 14.2. At leas) twenty days before the dine established for each Progress paynnenl (but not more offal faun one:e a month), CONTRACTOR shall submit to ENGEQEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application mill mecont to u al by such supporting documentation as is required by the Contract Documents. It' paymet is requested on the basis of nnateialx and equipment not incorlxuatecl in the Work but delivemd and suitaaly stored at the site or at analher location anreed to in writing, the Application for puyalent shall also tic aarontpmued by a bill of sale, invoice or other documentation warranting that OWNEIz has received the materials and equipment Gee and clear of all Lions and evidence that the materials tall equipmentire covered by appropriate propeTy insurance and other mri n cements to protect OWNER'a interestthereby all of which will be vAiSbula ry to (ANiNBR. The amount of retainnge with respect to progress payments will be ;as eipulac(l in the COA'TRACTOR'.v 4 mma(v of'!'itfe: 14.3. CONTRACTOR watrant.s aria guarantees that title to all Work, materials and equipment covered by ally Application for Payment, whether incorporated in the Project or not, will Inns to OWNER no later thorn the time of f,ap lent flee and clear of ill Lies. Review of.lpplicnlio rap, pop-e,,, pnpluesl: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, eilher indicate in writing a itCDC GGNGRAI. CONDITIONS 1910.5 (19901idiu0,a nd CI'1'a' OP a012'I' COLLINS Aat1UIVICA'I'lONS Q213V ar20001 reconmtenclation of Iraynrent and present the Application to OWNLdl., or return the Application to CONTRACT OR indicating in writing ENGINEERs reasons for refusing to tern„nencl payment. In the latter case, mCONTRACTOR ay make, the necosxmy corrections and resubmit the Application. 'fu) days after piesentnlion of the Application for Payment to OWNER with ENGIN ;HR's recOlual' ndation, the amount lecornmendcd will (subject to the provisions of the last sentence of paragraph 14.7) becone, due and when due will be paid by O\VNER to CONTRACTOR. 14.5. EN(iI P:L'E12's reconnnendation of any payment reques[M in an Application for Payment will consillutc a representation by RNGINEEI2 to OWNE12.1 Insed on ENGINIIIER's on -site obeen'ations of the execuuYl Work as an experienced rand qualified design proCessiaual and on ENONEER's review of the Application for Payment and the accompanying data and schedules, that to the best of 13NG1NEER's knowledge, infomnztion rain belief: 14.5.1. the Work has progressed to the print indicated, 14.52, the qualify of the Work is generally in accordance with tie Contract Doeunents (subject to at evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tells cnllal fix in the Contract Da'. rens, to e final determutation of quantities and classifications I'or Unit Price Work undo paragraph 9.10, and to any other qualifications stated in the reconnnendation), and 14.5.3 the conditions precedent to CONTRACTOR'a being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibilhy to obsea've the U+ork. However, by reconunendvng any such payment ENGINEER will notthereby be deemed to have I'lle"cntcd that (I)exhaustive or continuous on -site inspections have beam nlaclo to check the quality or the quantity of the Work heyond the responsibilities specifically assigned to ENGINEER in the C,rao cl Documents or (ii) that there may not be other maltcna or Miles between the parties that might emit le CON'TRACI'OR to be paid additionally by OWNER. or entitle OWMR to within layntent to CONTRACTOR. 14.6. ENGINBER'e reconunanaation of any payment, including final Payment, shall not ,Ivan tart ENGINEER is responsible for CONTRACTOR'. means, methais, techniques, sequences or procedures of construction, or the safety pregnutions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Repulnlions applicable to the burnishing or performance of Well', or for any loilure of CONTRACTOR to fictional ar furnish Work in accordance with the Canlract Documents. 14.7. ENGINEER Inay refuse (o reconunencl the whole or any part of any fayntent if, in ENGINEI R's opinion, it would be incorrect to make the representations to 29 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 2 day of April in the year of 2008 and 'shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and A_1 Chipseal Company _ _ (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. AGREEMENT RENEWAL & WORK 1.1 Renewal. This Agreement is a renewal of the Agreement entered into between the parties on the 27"' day of April, 2007, entitled Specifications and Contract Documents for Asphalt Slurry Seal Project Bid No. 6054, City of Fort Collins (hereinafter call the 2007 Asphalt Slurry Seal project CONTRACT) and all portions interpreted as bid the same were attached hereto. This work shall consist of the: placement of Type IT asphalt slurry seal, and the related traffic control, on residential streets and parking lots in The City of Fort Collins and :is generally described in Section 01010. This renewal is authorized pursuant to Article 3.1.1 Contract Period, of. the 2007 CONTRACT. This agreement: shall continue in full force and effect until. June 1, 2009. ARTICLE 2. ENGINEER The Project has been designed by City of Fort Collins Engineering Division , who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents .in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 This Agreement shall commence June 2, 2008, and shall continue in full force until June 1, 2009, unless sooner terminated as herein provided. In addition at the option of the City, the agreement may be extended for additional one (1) year period. Pricing changes, if any, shall be negotiated by and agreed to by both parties in writing. 3.2 The Work for the City of Fort Collins shall be Substantially Complete within 20 consecutive working days .from the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for. Final Payment and Acceptance in accordance with the General Conditions within fifty (50) calendar days after the date when the Contract Times commence to run for work for the City of Fort Collins. 9/12/01 Section 00520 Page 1 OWNER refened to in paragraph 14.5. ENGINEER cony also loluse to recommend any such payment, or, becauseor subsequently discovered evidence or the results of subsequent insixctions or tests, nullify any such payment previously recommended, to such extent as Puv be necessary in ENGINLER.s opinion to protect owfiER from loss because: 14.7.1. the Work is defective, or completed Work has lien damaged requiring cut i ectiou ol, replacement, 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.73. OWNER has been required to correct deJeclive Work or complete Work in accordance with Iaragraph 13,14, or 14.7A, ENGINEER )Ills actual knowledge of the cecunence of any of the events enumerated in inmg! aphs 15 2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.75. chums have been mado against OjVj\TR on amount oC CON'1'RACI'Ol�s perlonnanca of furnishing of the Work, 14.7.0. Liens have been filed in connection with the Work, except where CON'YRACTOR has delivered n specific 'Pond sntisfaclay to OWNER to secure the satisfaction and discharge of such Lieu. 14.7.7. there are other items entitling OWNER to a set- off against the amount recommended, or 14.78. OW14E R has actual knowledge of the occurrenee of any of the events enumerated in paragraphs 14.7.1 through 14.73 or poragnphs 15.2.1 through 15.2.4 inchuivc; bill OWNER must give CONTRACTOR imme4ints written notice (with a M)y to ENGl'NFER) slating the reasons for such action and promptly Illy CON 'RLAC'I OR Une amount so withheld, or any adjusunent thereto ag1'ecd to by OWNER and CON'TRAC MR, when CONTRACTOR co'twts to OWNER's satisfaction the I asons for such action. Substanfial Coupled ..: 14.8. When CONI'12ACT'OR considers the. entire {Mork ready for its intended use CON' RaNCTOR shall notify OWNER and 13,NGINEER 41 writing that the entire Work is substantially conplele (except for items speeiCcnlly listed by CONTRACTOR as incomplete) and request lost ITNGIN..ER issue a certificate of Substmitial Completion. Within a reasonable time thereafter, 01, TWrR, CONTRACTOR and IiNGIN3EIi shal I make an inspection of the Work to detennine the status of completion, if K--'NG NEER does not consider the Work substantin0y complete, L'NGINEEIZ will notify CONTRACTOR in writing giving the reasons therefor If ENGINEER G,IODC G NRIKA . CONMTTONS 1910 S (1990 Gdsial) 30 MCI I Y OF FMU' C.OLLI NS MODIFICATIONS (JUV a/2000) osnsides the Work substantially complete, EN(illcm,1Z will prepric and deliver to OWNER.n tentative ccdirmle of Substantial Completion which shall fix the date of Substantial Completion. 'rhere shall he attached to the M 011uhte a tentative list of items to be completed or con'eeled before final payment. OIirNEP. shall Inve seven clays after receipt of the tentative certificate during which to make written objection to 1NGINEER as to any provisions of the cenificate or attached list. If, after considering .such obections, hNG1Nl31?R concludes that the Work is not substantially complete, ENGINEIR will within fourteen days after submission of the tentative cetifictic to OWNER notify CONTRACTOR in writing, stating the reasons thelcfor. If, afte' consideration of OWNER's objections, ENGINEER considers the Work substantially complete, IiNGIN1iER will within said fourteen days execute and deliver to OWN13R and CONTRACTOR n definitive certificato of Substantial Completion (with it revised tentative listof iteus to be completed or corrected) reflecting such changes front the tentative certificate as ENOM713R believes justified after consideration of any objections front OWNER, At the lime of delivery of the tentative certificae of Substantial Completion ENGFbIfER will deliver to OWM%R and CODTtRAC'!'O1Z a written reconuncn(lation as to division of responsibilities pending final payment between OWNiIZ and CONTRACTOR with respect to security, operation, .safety, nuuntenanco, pent, utilities, insurance and waranlias in([ guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform I NGINBI6R in writing prior to P:NGNNIiBR's issaing the definitive, ceaiifcre of Substantial Completion, I NGINEER's aforesaid iecommondation will le binding on OWNER and CONTRACTOR until final lnyment. 14.9. OWNER shall have the right to exclude CONTRACTOR from die \Norte after the date of Substantial Completion, but OWMIR shall odlow, C.ON'TRACTOR reassonable access to cgmplcl.e or coined items on the tentative list. Pralial Uriliaariou 14 10. Use by OWNER at OINNERbs option of any substantially completed part of the Work, which: (i) has specifically beau identified in the Contract Documents, or (in)OWNER, MMABER and CONITIZACfOR agree constitutes a separately functioning and usable part ol'the. Work Ihal can be used by OWNER for its intended purpose without sigmifteant interference with CON'IRACTOR's performance of the remainder of Una Wort:, may be Merrill ishe(I prior to Substantial Completion of all the 1Ctork subject to the following: 1410.1.01AINER al any tittle may request CONTIL\CTOR in writing to permit OWNER to use any such pan of the Work which OWNER believes to be nearly for its intended use and substantially complete- ICCCIN'1'RAC'1'U1Z agrees that such earl of [he Rtork. is substantially complete, CON"1'IZACT'(?72 will certify to OWNER and ENGINEER that such pat of the Work is subshmtially complete and request MGINELR to issue a certificate of Substantial Completion to)* that pad of the Work. CONPRACI'ON at any little may notify OAllNER and ENGINEER ul Writing thn. CON'IRACtOR considers any such part of flue 1\rod: ready for Its intended use and substantially complete and request ENGINTIFER to Issue a eerlificnle of Substantial Completion for that part of the Work. Within a reasonable ante after either such request, OWNEIZ, CONTRACTOR and ENGINTiiFR shall nmke an inspection of that pant of the Work to determine its status of completion. If UNGINIMR doles not consider that part of the Work to Ix substantially complete; ENGINEER wilt notify OWNLi2 and CONTRACTOR in writing giving the reasons thcrel'a . If ENG1N1'iER considers that part of the Work to be subsimitiilly complete, the provisions of patngraphs 14.5 and 14.9 will apply with resfact to certificalion of Substantial Completion of that purl of the W(ek and the division of responsibiliLy in respect tile) zof and access thereto. 14.10.2. No occupancy or .soparale operation ol'part of the Wed( will be accomplished prior to compliance. with Ilia requirements of paragraph 5.15 in respect of property, insurance. Final Glapection: 14.11. Upon vn iron notice from CONTRACTOR that the elsire Work or an agrced Itoriion thereof is complete, P,NGIMBER will make a final inSimlion with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this in5pectiai reveals that the Wok is incomplete or dajactive. CONTR.AC'I OR shall i ulwdiately take such nwruun:.s os arc necessary to complete such workor remedy such deficiencies. Hare(Aple icarion for Payment. 14,12. After CONI'RAC'fOR. has completed ill such cotreolions to Ilia satislwlirni oCENGiNEE12 and dclivcrc(I in accordance With the Contract DocunlmIls all maintenance and operating instructions, schedules, 6ummntzzs, Bonds, cerlificmes or othcn evidence of uvsuranco required by partgriph5.4, ccnificties of inspection, nisnked-up record (ocuments (as provided in paingiaph619) and other documents, CONTRACTOR ))lay rnakc applicalion for final payment following the proctxlure for progress payments. The fined Application for Payment shall be accompanied (except as previously delivered) by: (i)all clocuntentanon called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagrnph 5A.13, (ii)consent of the steely, if any, to (Emil payment, mid (in)conlphne auto legally en'eclive releases or Waivers (satisfactory to OWNER) of all Liens arising out of or filed is, convection with the Work, ]n lieu of .such releases or Waivers of Liam and as approved by OWNER, CONTRACTOR may furnish iweipts or releases in full and affidavit of CONTRACTOR flint: (i) the releases and recwipts include ill labor, services, material ono equipment for Which a Lien could be filed, and (it) all payrolls, nmmirial and equipment bills, and other indablzdness connected With the Work for which O\\WPR a O%lNj'. .Ws property might in any Way be responsible have been paid or otherwise sohshel. If any subcou rictor to Supplier fails EX.DC015N6RAl. CONDITIONS M0.8()0c Gdalo,n w/ (:1'(T OP FORT CO1d.r N.S IUONFICKI IONS (RCV 41200a) to fiunish such a release or receipt in hill, CON:1'R\CfOR. may furnish a Baal or other collmer'al sutisfaclory to OWNER to indcrmlily OWNER against ony Lien. _Releases or ��_a_v_crs Offices and Ilia consent of the sundy,lg_tmnhie Ilamgnt ane to bc_subniitted oil forms confornun to itm forngn of the OWNLI s n ndard lot as bound i l th I)rolcct, RYmua�. Final PnW❑enf anrfAcceplruloe: )4A3. If, on the basis of P:NGiNI'sER's otxervition of the Work (Irving construction nu(I final inslxetion, and 1SNGIIdfIER's review of the final Application for Payment and aeconlpanying documentation as required by lie Contract documents, ENGINEER is smn;fie(I that the WWrk hits bcm) MuPlelcd and CONTRACTfOR's other obligations initial the Contract Documents have men fulfilled, ENGlN,-ER will, within ten days illai receipt of the final Application for Payulenl, indicate in writing fENGINIib.R's recomirwndation of payment and present the Application to OWNER for payment. At the Inure lineENG INFER will also g ive written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provision) of pnsgrstph 14.)5. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment', in which case CON'TRj%Cf OR .shall make the nectmy corrections and resubmit Clue Application_ 'I"hirty days after prascnfmion to OWNER of the Application and accompanying (10CL nentation, in appropriate form and substance and Will ENGINEMIR's tecommzndation and notice of ac(eptability, the almorml reconunended by lQgGCNEER will become due and will Ira poict by O\oJl:ilt to CONTRACTOR syL¢fa I to 1ni it )h 17..2 Of..4lesz Ci_encr_I Conditions. 14.14, ff. through no fault of CON)RACIOR, final completion of the Work is significant)), delayed and if ENGINEER so confunls, OWNT.iR shall, upon receipt of CONTRACTOR's final Application for Payment and reconunaun latio of ENGINEER, an(1 without wnuinating the Agreement, make payment of the balance due for that Iwdion of ilia Voork fully completed and ncoepted. If the remaining balance to be held by OWaNIiR for Work not Billy completed or con'ectal is less than the retainagc slipulatad in the Agreement, and if Bonds have been furnished as required in lruagrnph 5.1, the written consent Of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTR.ACTOli to ENGINEER with tape Application for such poyniont. Such po)mlent shall be made under ilia teens and conditions governing final paylvelllt, except IhaL it shall not constitute a waiver of clauns. Waive?. of('laiu(s: 14.15. 'fine making and acceptance of Baal payment will constitute: 14.1.5. La waiver of ill claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from deftdive Work appearing otter 31 final inspection pursuant to paragraph 14.11, Gann failure to comply with the Contract Documents or the tonne of any special guarantees specified therein, or from CONTRA—1 OR'.s continuing obligations under Ilia Cauract Doounimlls; and 14.15.2.A waiver of all chums by CON'I'RAC'1'OR against OWfTRR other than those pteviouisly made in writing and still unsettled. ARTICLE 15--SUSP.ENS[ON OF WORK AND TICf UNAT10N 011 NEW A9av Sits olind 19m1c 15.1. At any time and wilhoul cause, OU4NER may suspend ilia Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINGER which will fix the dine on which Work will tic resumed. CONTRACTOR shall resume the Work of the date so lixerl. CONTRACTOR .shall be allosve(I an a(f usnucnt in the Contract Price or an aetansion of the Conirecl Times, or Will. directly attributable to any such suspension if CON'I'RAC'TOR makes an approve(I claun therefor as provided in Articles 11 still 12. OlarnrrR Afsnv Terminate: 15.2. Upon file occurrence of tiny one or moro of ilia following events: 152.1. if CONI'RAC1'OR petsislenlly fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or tnilure to ildhere to the progress schedule established under paragraph2.9 as n(Ijusted from time to time pursuant to pin'agimph 6.6); 15.22. if CON1'12.,\CTOR disregards Laws or Rel,;ulations of any public body havingjurisdiclioln; 15.23. if CONTRACTOR disregards the nuthority of ENGINEER; or 152.4. if CONTRACTOR otherwise violates in any substanlial way any provisions of the Contract Documents; OWNER. ])lay, aficr giving CONTRACTOR (and the surety, if any) seven days' written notice and to the extent perelittccl by Laws and .Regulation, tcrmi nteo the services Of CON 'TRACTOR, exclude CONTRACTOR ffom the site and take possession of the \Volk and of all CONTRACTOR's tools, appliance, construction equipment and machinery it the site Dint use the sanro to the, frfl extent they could be usid by CONTRACTOR (without liability W CONTRACTOR. for tresross nr conversion), unnVl'pornle in Ole work till materials laid vcjuipuxsnt stored et the site or for which OWNTER has paid - ECDCGENCRAl. CONT)ITIOM 19105 (19000da me 32 lr/ Ci l y OP POIt'1' (:OLI,INS MODIPIQ4TIONS (RIiV d/2naa) Cc)N1RACfOR but which are stored elsewhere, and finish the Wok as OWNER may (learn expedienl. In such case CONTRACTOR shall not be entitled to receive any fiuthor payment until the \York is finished. If the unpaid balance of the Contract Price excee(is all chains, ousts, losses and (lenience sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR. I(,suoh claims, costs, losses and damages exceed such unpaid balanco, CONCRAC'TOR shall pay the difference to OWNER. Such claims, costs, losses and channagos umurre<I by OCdTTR will be reviewed by ENGINEGI2 as to their reasonableness and when so approve(i by ENGINEER incorporated in e Change Order, provided plat vyhca oxincising any rights or ronledies under this paragraph OWNp„R shell not he requited to obtain the lowest price Cot fire \Volk perfonned, 15.3. Where CON'IRACTO s services have. been so terminated by OWHI bR, the termination will not affect any rights or remedies of O\VNER against CONTRACTOR then existing of which may thereafter Deanne. Any retention or payment of moneys due CONTRACTOR by OWNMR will not rclense CONTRACTOR tlznn liability. 1.5.4. Upon seven clays' written notice to CONTRACTOR and ENGRJ1;iE12, O\VNEI2 play, without cause kind without prejudice to an), other right or ronecly of OAVN'ER, elect to Iannuale the Aarccment, In such case, CONTRACTOR shah he paid (without duplication of any items): 15.4.1. liv completed and acceptable Work extolled in accordance with the Contract Documents f>rior to ilia effective date or tenniniition, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective (late of termination in Imfonnung services and fimeshi ng labor, materials of equipnnciit as required by the Contract Documents in connection with uncompleted Work, I>lu.s fair and reisonable sums for overhand and profit on such expenses; 15,43. for oil c9auus, casts, losses and clDmuges ineu ed in seulenient of terminated contracts will SUIXODu'aelOre, Suppliers and others; and 1.5A.4. lot reasonable expenses directly atrihutable to termination. CONTRACTOR shalt not be paid on nucount oT lass of anticipalcd profits or revenue or other economic loss :rising out of at resulting from such lei ruination. CONTRACTOR MgPStop Hlm1: or Terminate: 15.5. If, through no act or fiift of CONTRACTOR, the Work is suspended for a period of more than ninety clays bt, OWNER or under an order of court or other public authority, or ENGINEER rails to act on any Application for payment within thirty days after it is submittal or OWNER fails for thirty (lays to pay CONTRACTOR any skint finally dotte-rnlined to be (file, that CON"IRACI'OR MAY, upon seven dayd written notice to OWN) and ENGINIdrdR, anA prov ided OWNER or ENQINGGR do not remedy such .smaension or failure within that time, Ireminate the Agreement and recover horn OWNER payment on the santo ternis as provided in paragraph 1 t 4. in lieu of terminating the Agreonoent And without prejudice o any other right or remedy, if MTG1MrR has failed ro act on in Application for Payment within thirty days after it is subniitle(L or OWNER has failed for thirty clays to pay CONTRACTOR any sum finally determined to he clue, CON'I RACfOR gray upon seven days, wri¢en notice to OWN'E'R and ENGINEER.stip the Work until payment of All such amounts due CONTRACTOR, including intemst thereon. The• provisions of this pampiph 15.5 are not intended to preclude CONTRACTOR hom making claim under Articles 11 slid 12 for on increase in Contract Price or Costlier 'times or Otherwise for expenses or damage directly muikleble to CO.N'1'R\Cl'OR's stopping Work is remitted by this poimgnmph. Al2'rICLE 16--DISPUTE RESOLUTION If And at the extent that OWNI?R and CONTRACTOR have ngreel on the method and procedure for resolving disputes bchvicen Them (hillmay arise widethis Agreonfont, such dispute nnohnion method and procedure, if any, shall he Is set forth in 13x1ti1bitGC-A, "Dispute Resolution Agreunerll"' to lbA attached hereto and made n pint hereof. If no such at,roemlent on the method and procedure for resolving such disputes has been reichaL and subject to the provisions of nlragrlphsAlO, 9.11 and 9.12, 0XVNE12 and CONTRACTOR may exercise such rights at remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect Of any dispute. ARTICLE17--MISCELLANEOUS Givitrg Notice: 17.E 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 i nnen fiber of the fine, or to an officer of the corporation for whom it is intended, or if delivered it or sent by registered or certified mad, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of Time: 17.2.). When any period of lino is referred to it, the Contract Dwounents by days, it will be Computed to exclude the first and include the last day of such Ieriod If the last day of any such period fella on a Sent rdny ro' Sunday or on if day mildo a legal holiday by the lase Of the applicable jurisdiction, such day will Inc omitted from the computition. RICDC GIINBRAI. CONDl F)ON.51910.S (1990 f3diiioip "'Cl ly OF PORT' COLIAN.s 1,10DIFICA1 IONS (RR V 4n000) 17.2.2. A calendar day of twenty-four hours nrasured front Midnight la the noel unidnighl will constitute A d4ay. Nolica gfMint. 17.3. Should OWIv"13R of CONTRACTOR suffer injury or dannge to Person or property because of any error, omission or act of the other party, or of any of the other parry's omployces or agents or others far whose acts the other party is legally liable, claim will Its made in writing to the other Party within A reasonable lime of the list obreavnnce of such injury or dtnnago. 'rile provisions of this paragraph 17.3 shall not he construed is A substitute of or A waiver of die provisions of Any applicable slanne of limitations or repose.C:innulatlPe Remedies: 17.4. The duties And ohligations imposed by these General Conditions Intl the rights and rcmedias Amiable hereunder to the pallier hereto, and, kit particulour but without limitation, the wanmnties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 630, 6,31, 6.32, 13.1, 13.12, 13,14, 14.3 and 15.2 and III of die rights and remedies available to 01%VER and ENGINEER ibereundcr, are in Addition to, And are not to be conformed At tiny way Is a limitation Of, any rights and remedies available to any or ;All of them which are othervise imposed or available by Laws or Regulations by special warranty or guanmtee or by other provisions of the Contract Documents, and the provisions of this paragraph will be is effective as if repented specifically in the C.;onliact Documents in connection with each finiadir duty, obligation, right and remedy to which they apply. Prnfesrional ]Fees and Court Cody LtcLedc2. 17.-S Wherever reference is made to "claims, costs, losses and dmnigos", it shall include in each case, but not be Ignited to, All fees and charges of engineers, arclatccts, attorneys and other professionals and All avert or arbitration or other dispute resolution costs. .I�.6. The_laivs of the State of Colora(k?,.Apply to it is Arnemen4 Rclorance to Uvoit rUnen Q_olo[_ tt latutes Are as. folionv 176.1. Colorado Revised Sllttutgs C! ,RS 5-17-101 r,�clunt; that Color@d6 labor be tainAMed tome{foml thin Woll to Iha erlolrt of not less thin 86 FLttcenl fL0% of' each tI to er sins (I[ labor in the several cllssiliu`ahons oL s�illadl and common lihor em tlo •eta PIubo projgct., Coloradio fnhor means_rn� arson _ryho Is l>nnn_Cide resident of_th Stata_pC (;olprado at the ilmc,pf emnlovmep{,Ayjtl_oul dlscrmlpniliy I Is lo.race, Colo S;.,c_ee<I,. age, r chi tin crt sex. 1762 If a Claim is filed OWNER is_requiicd by 12n (CRS 33 26 1(17� tq ifrnlAlwld frglp_nll nivments to <ONI)jA(.;IOR-Sufficient 11mds_t<f, 11suro_(he paen>_eA of -all. claims for labor'. materials,. teammile Austen, I Co,_ plonsuvisions_, pros ender or other eup> ies used _or comed by CONTRACTOR_ or his 33 VCDCGENT ALCOMDIIIOMS 191U-S0990GAilinn) 3A w/01yOFFOR'f COIJAMSMO0IFICAl IONS (2GVE2000) (This page loft blank intentionally.) MCDCCGN1iRALCONDI➢ONS 1910 S (1990liciilion) 95 w/CI TY OHM CA' f1ONS(REV412.000) EXHIBIT GGA to General Conditions Of the Construction Contract Between OWNER and CONTRACTOR DISPTI'rrs RLS01,0'I'I0N AG1213RM1.'N'1' OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Conu'act between OWNHR and CONTRACTOR is nroended to include the following agreement of' tile parties: 16A. All Claims, disputes and othermatters in question between OWNER and CONTRAC'MR wising out of or relating to the Contract Documents or Um broach Thereof (except for claims which have been waived by the making or acceptance of final payment is provided by paragraph 14,15) will be decided by arbitration in accordance with the Construction la dmuy Arbitration Rules of The American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered ono in accordance hcrcwith ns provided in this Article 16 will be specifically enforceable under the prevailing law of any court having,luris(liction. 362. No demand for arbitrationofany claim, dispute or olhe' matter that is requited to be referred to ENGINEER initially lot decision in accordance with paragraph 9.11 will be made until the earlier of(n) the date on which INGEJEEI2 has raxla'ad a rvrittcn decision or (b) the thuty-first day the, the parties have presented their evidence to ENGINEER if a written decision has not been rendeed by ENGINEER before thet dale. No demand for arbitration of any such claim, dispute or other matter will be made Inver than thirty days alter the date on which ENGINEER has rendered a written (Iecisiol in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty clays' lxri(A will result in ENGINI3ER's decision being filial in(] bulling upon OWNER and CONTRACTOR. If ENGINEER Tortillas a decision alter arbitration proceedings have been initiate(, such decision nay be entered asidenevce but will not supersede the arbitration proceedings, except whore the (Iecision is acceptable to the parties a>ncemul. No demand far arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later' than ten Clays after the party making .such demand fins delivered written notice of intention to appeal as provided in paragraph 9, 10, 16.3. Notice of Ilia (demand for arbitration will be filed in writing with the other party to Iho Agreementand with the Nuerican Arbitration Association, and a copy will the sent to ENGINMT for information. file demand for arbitration will be made within the hatly-(lay or tcn.day period sixchied in txragriph 16.2 as applicable, and in all ollum cases within a reasonable time after The clahn, dis xt e or other' matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings brio(] on such claun, clisputo or other matter in question would be barred by the applicable statute of lunitations. 16.4. Except as providecl al paragraph 16.5 txlow, no arbitration 'n'ising out of or rellhing to the Contract Doelancnls shall include by consolidation, joirlder or in any other manner any oiler person or entity (including ENGINEER, ENGINEERS Consultant and the officers, directors, agents, employees or consultants of tiny of than) who is not a party to this contract unless: )64.1, the inclusion of such other pot son or entity is necessay it complete relief is to lx affor(le(I among those who are already parties to the albinotion, and )6.42. such other Ixrson or entity is substantially involved in a question of law or fact which is coalition to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3, the written consent of the other person or MIRY sought to be included and of OWNER and CONTIZAC.'OR has been obtained for such inclusion, which consent shall ranks specific refe nice to this paragraph: but no such consent shill constitute consent. to labih'alion of any dispute not specifically described ITT such consent or to nrbitmlioa with any party not slxcilically identified In such consent. 16.5, NoUvallstmlding paragraph 16.4, if a claim, (dispute or other mnuer in question between O\r,%Matti a11(1 CONMACTOR involves the Won, of it Subcontractor, either MVNM: or CONTRACTOR may join such 3ulxoaraoor as n party m the arbitration between OWNER and CONTRACTOR lxreunde'. CONTRACTOR shall include in all subaonu'octs requirell by parograph 6.11 it Specific provision whereby the subcona'actot' consents to being joined in in arbin'ition between OWNER snit CON'1'12AC'rOR involving the R4hrk of such surconnnct(n'. Nothing it this Ixuagmph I6S not in the prOvi.sion of such subcontract consenting to joinder shell craote any clean, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6. The award rehdeod by the arbitrators will be final, judgment may he entered upon it in any court having jurisdiction thereof, and it will not lbe subject to modification or nppcal. 16.9 OWNER and CONIRAC'I'OR agree that They shall first submit any and all uuveulod claims, counterclaims, (disputes and other millers in question between Them arising out of or relating to the Contract Docnnlents or the breach thereof ("dislates"), to mediation by the American Arbitration Association undo' the Construction Industry Mediation Rules of the Amenom .Arbitration Association prior to either of then initiating against the other a (lenand for ailhitrition pursuant to paragraphs 16A through 16,6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The reslxetive thirty and ten day ame limits within which to file a demand for arbitration as povided in paragraphs 16.2 and 16:3 above shall be suspended with resf,ect to a (dispute submitted to mediation within those sane applicable Lithe lunits and shall remain suslxnd0d until ton (lays aficr the termination of the mediation The mediator of any dispute l ah llia,d to mediation undo this Agreeme t, Shall not serve as arbitrator of such dispute urTcss olhenvise agl'eed. TSCDC (GY NL+RAI, COMITIONS 19105 (1990 MILLiml GC -AI a Cff1' OP I'OItT CULLINS hfUU117GiTION.S a2RV o199a hUMV, UBNLR AI, CON I) DONS 19105 (1990 GAilion) wi Cl I Y Of POA'ICOMAN.S MOUIPICA'I'I ONS (RG V 9/9J) OC-Ai SE SECTION 00800 SUPPLEMENTARY CONDITIONS 3.3. hiquidated Dama S. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved ,in proving in a legal proceeding the actual loss suffered by OWNER .if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts .set forth hereafter. 1) Substantial Completion: One Thousand Dollars ($1000) for each working day or fraction Thereof that expires after the 'Twenty (20) working day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Five Hundred Dollars ($!i00) for each calendar day or fraction thereof that expires after the Twenty (20) calendar day period for Final. Payment and Acceptance until. the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: ($324,012.84 ), *Three hundred twenty .four thousand, twelve dollars and eighty by this .referee — ....._. four. cents, iaccordance with Section 00300, attached and incorporated herein nce. ARTICLE S. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 1.4 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for. Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the 9/12/01 Section 00520 Page 2 SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC--12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule zero days lost due to abnormal weather conditions. 7/96 Section OO800 Page 1 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 ConL.ract Change Order 00960 Applicat.i.on for Payment 9/99 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: CONTRACTOR: PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C,O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Asswu i all change_ orders approved) ACCEPTED BY: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing cc: City Clerk Project File Engineer ent over $30, Contractor Architect. 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