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HomeMy WebLinkAbout389648 A-1 CHIPSEAL COMPANY - CONTRACT - BID - 6054 ASPHALT SLURRY SEAL PROJECT (2)Fort Collins or Page Number: 1 City of Fort Collins "Date: 04/22/08 Purchase Order Number: 8852292 Delivery Date: 04/21/08 Buyer: STEPHEN, JOHN Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: Line Qty/Units 1 1 Lot Description 2008 Street Maintenance Asphalt Slurry Seal per terms and conditions of bid 6054 and agreement dated April 2, 2008 2 1 Lot Parks portion Extended Price 291,606.76 7,605.08 3 1 Lot 8,928.36 OPS Mulberry Pool 4 1 Lot 4,216.17 OPS Lincoln Center 5 1 Lot OPS 835 Wood St city or t-ort uciniq Director of Purchasing and Risk Management This order is riQlhalid over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 Phone: 970-221-6775 Fax: 970-221.6707 Email: purchasing@fcgov.com 11,656.47 Total $324,012.84 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application 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 C. Minimum agenda shall include: 1. Review of work progress since last meeting. 2. Identification and discussion of problems affecting progress. 3. Review of any pending change orders. 4. Revision of Construction Schedule as appropriate. D. The Engineer and Contractor shall agree to weekly quantities atthe progress meetings. The weekly quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall be final and shall be the basis for the monthly progress estimates. This process ensures accurate monthly project pay estimates. END OF SECTION General Requirements - Page 4 of 17 SECTION 01310 CONSTRUCTION SCHEDULES 1.1 GENERAL A. The contractor shall prepare a detailed schedule of all construction operations and procurement after review of tentative schedule by parties attending the pre -construction conference. This schedule will show how the contractor intends to meet the milestones set forth. 1. No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of delivery of equipment and materials. 1.2 FORMAT AND SUBMISSIONS A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual progress. B. Submit two copies of each schedule to Owner for review. 1. Owner will return one copy to Contractor with revisions suggested of necessary for coordination of the Work with the needs of Owner or others. C. The schedule must show how the street, landscaping and various utility work will be coordinated. 1.3 CONTENT A. Construction Progress Schedule. 1. Show the complete work sequence of construction by activity and location. 2. Show changes to traffic control. 3. Show project milestones B. Report of delivery of equipment and materials. 1. Show delivery status of critical and major items of equipment and materials. 2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for equipment and materials, reference Section 01340. 1.4 PROGRESS REVISIONS A. Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when requested by Owner or Engineer, and with each application for progress payment. B. Show changes occurring since previous submission. 1. Actual progress of each item to date. 2. Revised projections of progress and completion. C. Provide a narrative report as needed to define: 1. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of others. General Requirements - Page 5 of 17 L5 OWNER'S RESPONSIBILITY A. Owner's review is only for the purpose of checking conformity with the Contract Documents and assisting Contractor in coordinating the Work with the needs of the Project. B. It is not to be construed as relieving Contractor from any responsibility to determine the means, methods, techniques, sequences and procedures of construction as provided in the General Conditions. END OF SECTION General Requneme ts- Page of'] 7 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. D. The Contractor must submit a survey request form to the City Surveyors a minimum of48 hours prior to needing surveying. C. If the requested surveying cannot be accomplished in the time frame requested by the Contractor, the survey personnel shall notify the Contractor with the date on which the requested work will be completed. D. Should a sudden change in the Contractor's operations or schedule require the survey personnel to work overtime, the Contractor shall pay the additional overtime expense. E. The Contractor shall protect all survey monuments and construction stakes. If it is unavoidable to remove a survey monument or construction stakes, the Contractor is responsible for notifying the Surveyor and allowing enough time for the monuments or stakes to be relocated. The Contractor will be responsible for the cost of re -staking construction stakes and for the cost of re-establishing a destroyed monument. F. The Contractor shal l be responsible for transferring the information from the consh notion stakes to any necessary forms and for constructing all pipelines, drainage ways, pavements, inlets, walls, and other structures in accordance with the information on the stakes and grade sheets supplied by the Owner. END OF SECTION Ganes] Requircments - Page 7 of 17 sEcriON 01340 SHOP DRAWINGS 1.1 GENERAL A. Submit Shop Drawings, Samples, and other submittals as required by individual specification sections. 1. Engineer will not accept Shop Drawings or other submittals from anyone but Contractor. E. Schedule: Reference Section 01310, Construction Schedules. Submittals received by Engineer prior to the time set forth in the approved schedule will be reviewed at any time convenient to Engineer before the time required by the schedule. C. Any need for more than one rFsubmission, or any other delay in obtaining Engineer's review of submittals, will not entitle Contractor to extension of the Contract Time unless delay of the Work is directly caused by failure of Engineer to return any scheduled submittal within 10 clays after receipt in his office of all information required for review of the submittals or for any other reason which prevents Engineer's timely review. Failure of Contractor to coordinate submittals that must be reviewed together will not entitle Contractor to an extension of Contract Time or an increase in Contract Price. D. Resubmit for review a correct submittal if errors are discovered during manufacture or fabrication. E. Do not use materials or equipment for which Shop Drawings or samples are required until such submittals, stamped by Contractor and properly marked by Engineer, are at the site and available to workmen. F. Do not use Shop Drawings which do not bear Engineer's mark "NO EXCEPTION TAKEN" in the performance of the Work. Review status designations listed on Engineer's submittal review stamp are defined as follows: 1. NO EXCEPTION TAKEN Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work. Contractor is to proceed with fabrication or procurement of the items and with related work. Copies of the submittal are to be transmitted for final distribution. 2. REVISE AS NOTED Signifies material of equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work in accordance with Engineer's notations. Contractor is to proceed with the Work in accordance with Engineer's notations and is to submit a revised submittal responsive to notations marked on the returned submittal or written in the letter of transmittal. 3. REJECTED Signifies material or equipment represented by the submittal does not conform with the design concept or comply with the information given in the Contract Documents and is not acceptable for use in the Work. Contractor is to submit submittals responsive to the Contract Documents. 0encial Requirements -Page 8 of 17 4. FOR REFERENCE ONLY Signifies submittals which are for supplementary information only; pamphlets, general information sheets; catalog cuts, standard sheets, bulletins and similar data, all of which are useful to Engineer or Owner in design, operation, or maintenance, but which by their nature do not constitute a basis for determining that items represented thereby conform with the design concept or comply with the information given in the Contract Documents. Engineer reviews such submittals for general information but not for substance. 1.2 SHOP DRAWINGS A. Include the following information as required to define each item proposed to be furnished. 1. Detailed installation drawings showing foundation details, and clearances required for construction. 2. Relation to adjacent or critical features of the Work or materials. 3. Field dimensions, clearly identified as such. 4. Applicable standards, such as ASTM or Federal Specification numbers. 5. Drawings, catalogs or parts thereof, manufacturer's specifications and data, instructions, performance characteristics and capacities, and other information specified or necessary: a. For Engineer to determine that the materials and equipment conform with the design concept and comply with the intent of the Contract Documents. b. For the proper erection, installation, and maintenance of the materials and equipment which Engineer will review for general information but not for substance. c. For Engineer to determine what supports, anchorages, structural details, connections and services are required for materials and equipment, and the effect on contiguous or related structures, materials and equipment. 6. Complete dimensions, clearances required, design criteria, materials of construction and the like to enable Engineer to review the information effectively. B. Manufacturer's standard drawings, schematics and diagrams: 1. Delete information not applicable to the Work. 2. Supplement standard information to provide information specifically applicable to the Work. C. Format. 1. Present in a clear and thorough manner. 2. Minimum sheet size: 8 2" x 11". 3. Clearly mark each copy to identify pertinent products and models. 4. Individually annotate standard drawings which are furnished, cross out items that do not apply, describe exactly which parts of the drawing apply to the equipment being furnished. 5. Individually annotate catalog sheets to identify applicable items. 6. Reproduction or copies of portions of Contract Documents: a. Not acceptable as complete fabrication or erection drawings. b. Acceptable when used as a drawing upon which to indicate information on erection or to identify detail drawings. 7. Clearly identify the following: a. Date of submission. b. Project title and number. c. Names of Contractor, Supplier and Manufacturer. d. Specification section number, specification article number for which items apply, intended use of item in the work, and equipment designation. e. Identify details by reference to sheet, detail, and schedule or room numbers shown in the Contract Documents. f. Deviations from Contract Documents. General Requirements - Page 9 of 17 g. Revisions on re -submittals. h. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, Geld measurements and field construction criteria, and coordination of the information within the submittal with requirements of the Work and the Contract Documents. 13 SUBMISSION REQUIREMENTS A. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Minimum number required: 1. Shop Drawings. a. Three (3) copies minimum, two (2) copies which will be retained by Engineer. 1.4 RE -SUBMISSION REQUIREMENTS A. Make corrections or changes required by Engineer and resubmit until accepted. B. In writing call Engineer's attention to deviations that the submittal may have from the Contract Documents. C. In writing call specific attention to revisions other than those called for by Engineer on previous submissions. D. Shop Drawings, 1. Include additional drawings that may be required to show essential details of any changes proposed by Contractor along with required wiring and piping layouts. END OF SECTION General Requirements - Page 10 of 17 SECTION 01410 TESTING LI GENERAL A. Provide such equipment and facilities as the Engineer may require for conducting field tests and for collecting and forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment are found to be acceptable. Any product which becomes unfit for use after approval hereof shall not be incorporated into the work. B. All materials or equipment proposed to be used may be tested at any time during their preparation or use. Furnish the required samples without charge and give sufficient notice of the placing of orders to permit the testing. Products may be sampled either prior to shipment of after being received at the site of the work. C. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided, sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM). D. Where additional or specified information concerning testing methods, sample sizes, etc., is required, such information is included under the applicable sections of the Specifications. Any modification of, orelaboration on, these test procedures which may be included for specific materials under their respective sections in the Specifications shall take precedence over these procedures. 1.2 OWNER'S RESPONSIBILITIES A. Owner shall be responsible for and shall pay all costs in connection with testing for the following: 1. Soil tests, except those called for under Submittals thereof. 2. 'rests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner. 3. Concrete test, except those called for under Submittals thereof. 1.3 CONTRACTOR'S RESPONSIBILITIES A. In addition to those inspections and tests called form the General Conditions, Contractor shall also be responsible for and shall pay all costs in connection with testing required for the following: 1. All performance and field testing specifically called for by the specifications. 2. All retesting for Work or materials found defective or unsatisfactory, including tests covered under 1.2 above. 3. All minimum call out charges or stand by time charges from the tester due to the Contractor's failure to pave, pour, or fill on schedule for any reason except by action of the Engineer. B. Contractor shall notify the Project Engineer 48 hours prior to performing an operation that would require testing. 1.4 CONTRACTOR'S QUALITY CONTROL SYSTEM A. General: The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of Work, including that of his subcontractors, to ensure conformance to the functional performance of this project. This control shall be established for all construction except where the Contract Documents provide for specific compliance tests by testing laboratories or engineers employed by the Owner. The Contractor—s control system shall specifically include all testing required by the various sections of these Specifications. General Requirements - Page I I of 17 B. Superintendence: The Contractor shall employ a full time Superintendent to monitor and coordinate all facets of the Work. The Superintendent shall have adequate experience to perform the duties of Superintendent. C. Contractor's quality conk of system is the means by which he assures himself that his construction complies with the requirements of the Contract Documents. Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction schedule. D. Records: Maintain correct records on an appropriate form for all inspections and tests performed, instructions received from the Engineer and actions taken as a result of those instructions. These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or test, nature of defects, causes for rejection, etc.) proposed or directed remedial action, and corrective action taken. Document inspections and tests as required by each section of the Specifications. Provide copies to Engineer weekly. END OF SECTION General Requircme is - Page 12 or 17 SECTION 01510 TEMPORARY UTILITIES 1.1 UTILITIES A. Furnish all utilities necessary for construction. Q. Make arrangements with Owner as to the amount of water required and time when water will be needed. 1. Meters may be obtained through the Water Utility Meter Shop at 221-6759 2. Unnecessary waste of water will not be tolerated. C. Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor. 1.2 SANITARY FACILITIES A. Furnish temporary sanitary facilities at each site for the needs of construction workers and others performing work or furnishing services on the Project. E. Properly maintain sanitary facilities of reasonable capacity throughout construction periods. C. Enforce the use of such sanitary facilities by all personnel at the site. D. Obscure from public view to the greatest practical extent. END OF SECTION General Requirements - Page 13 of 17 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 SECTION 01560 TEMPORARY CONTROLS 1.1 NOISE CONTROL A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated areas. 13. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. C. Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 a.m. L2 DUST CONTROL A. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing. B. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist with water or by application of a chemical dust suppressant. 1. Chemical dust suppressant shall not be injurious to existing or future vegetation. 1.3 POLLUTION CONTROL A. Prevent the pollution of drains and water courses by sanitary wastes, concrete, sediment, debris and other substances resulting from construction activities. 1. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site. 2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts. 1.4 EROSION CONTROL A. Take such measures as are necessary to prevent erosion of soil that might result from construction activities. 1. Measures in general will include: a. Control of runoff. b. Trapping of sediment. e. Minimizing area and duration of soil exposure. it. Temporary materials such as hay bales, sand bags, plastic sheets, riprap or culverts to prevent the erosion of banks and beds of watercourses or drainage swales where runoff will be increased due to construction activities. B. Preserve natural vegetation to greatest extent possible. C. Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion. D. Comply with the City of Fort Collins' Storm Drainage Erosion Control Manual. General Requirements - Page 14 d 17 1.5 TRAFFIC CONTROL A. Maintain traffic control in accordance with the"Manual of Uniform Traffic Control Devices"(MUTCD), the City of Fort Collins `Work Area Traffic Control Handbook," and the current `Larimer County Urban Area Street Standards." In tho event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. 1.6 HAUL ROUTES The Engineer reserves the right to set haul routes in order to protect pavements, both new and old, from heavy loads. These pavements may include, but are not limited to, recently constructed pavements, recently overlaid pavements, and/or pavements whose condition would be significantly damaged by heavy loads. END OF SECTION General Requirements - Page 15 of 17 SECTION 01700 CONTRACT CLOSEOUT 1.1 CLEANING AND RESTORATION A. Return the premises and adjacent properties to conditions existing or better than existing at the time the work was begun. This will include providing labor, equipment and materials for cleaning, repairing and replacing facilities damaged or soiled during construction. The Engineer will be the judge of the degree of restoration required. 1.2 PROJECT RECORD DOCUMENTS A. Maintain on the job site, and make available to the Engineer upon request, one current marked -up set of the drawings which accurately indicate all approved variations in the completed work that differ from the design information shown on the drawings. Further, these drawings should reflect all underground obstacles encountered. B. These record drawings along with any survey records, photographs and written descriptions of said work as may be required by the Engineer shall be submitted prior to project acceptance. END OF SECTION General Requirements - Page I6 of] 7 SECTION 01800 METHOD OF MEASUREMENT AND BASIS OF PAYMENT 1.1 DEFECTIVE WORK A. Owner will not pay for defective work and will not pay for repair or additional work required to bring the project to a point of acceptance. 1.2 BID PRICE A. The Total Bid Price covets all Work required by the Contract Documents. All work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included in the prices bid for the various items of Work. B. Prices shall include all costs in connection with the proper and successful completion of the Work, including furnishing all materials, equipment and tools; and performing all labor and supervision to fully completethe Work. C. Unit prices shall govern over extensions of sums. D. Unit prices shall not be subject to re -negotiation. 1.3 ESTIMATED QUANTITIES A. All quantities stipulated in the Bid Form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The basis of payment shall be the actual amount of materials furnished and Work done. B. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amount of Work actually performed and materials actually furnished and the estimated amount therefor. END OF SECTION General Requirements - Page 17 of 17 SECTION 02000 PROJECT SPECIFICATIONS The Colorado Division of Transportation "Standard Specifications for Road and Bridge Construction", 2005, and the current version of the Larimer County "Urban Area Street Standards", (hereafter referred to as the "Standard Specifications") are made a part of this Contract by this reference, except as revised herein, and are hereby adopted as the mininwm Standard Specifications of Compliance for this project. In those instances where the Standard Specifications conflict with any of the provisions of the preceding Sections, the preceding Sections shall govern. INDEX OF REVISIONS SECTION 104 Traffic and Parking Control 105 Control of Work 108 Prosecution and Progress 409 Asphalt Slurry Seal 409 Capeseal — Bid Alternate 630 Construction Zone Traffic Control REVISION OF SECTION 104 TRAFFIC AND PARKING CONTROL Section 104 of the Standard Specifications is hereby revised as follows: Subsection 104.04 shall include the following. It shall be the Contractor's responsibility to clear parking from the streets when such parking will interfere with the work. Prior to work that requires the street(s) to be closed to parking and/or traffic, the street(s) shall be posted for "NO PARKING". The placement of these signs shall take place at least 24 hours prior to the commencement of work and shall clearly show the type of work, and the day, date and times that the message on the sign is in effect. (For example, if a street is to be patched on Wednesday, July 2, the street shall be posted no later than Tuesday, July 1, by 7:00 a.m. with a sign that reads similar to "NO PARKING, W EDNESDAY, JULY 2, 7:00 A.M. TO 6:00 P.M., PATCHING.) See sample "NO PARKING" sign. "NO PARKING" signs shall remain in place until the street is opened to traffic and all clean up operations completed. All information on the "NO PARKING" signs, with the exception of the date, shall be in block letters permanently affixed to the sign. Any information added to a sign, such as dates, shall be clearly legible and written in block style letters. The "NO PARKING" signs shall be in effect for one or two days only. Any work done by the Contractor without traffic control will not be paid for under the terms of this Contract. The Contractor will not be paid for traffic control costs incurred during Contractor caused delays. At or near the end of each work day, a representative of the Contractor, the Traffic Control Supervisor, and the Engineer will meet to discuss the progress of the work and the placement of traffic control devices including "NO PARKING" signs. Any necessary adjustments shall be made. The Contractor shall also review at this time with the Engineer the proposed means of handling parking and traffic control for upcoming work. It is the responsibility of the Contractor to minimize any inconvenience to the public as a result of this work. At the above referenced meeting, the quantity of traffic control devices used that day shall be agreed upon by the Contractor and the Engineer. The Contractor shall utilize forms approved by the Engineer for the tabulation of Traffic Control Devices utilized. The Contractor shall maintain access at all times to all businesses within the project. Any changes in the traffic control, including additional signs, barricades, and/or flaggers needed in the field shall be immediately implemented as directed by the Engineer. The cost for traffic control is covered in "Revision of Section 630, Traffic Control Devices" found herein Project Specifications --Page 1 of 28 NN 0 PARKING Wea July 7 7:OO 'AM -6:OO PM PATCHING Project Specifications — Page 2 of 28 REVISION OF SECTION 105 CONTROL OF WORK Section 105 of the Standard Specifications is hereby revised as follows: INSPECTION AND TESTING OF WORK Subsection 105.15 shall include the following: The Contactor shall keep the Engineer informed oflds future construction operations to facilitate scheduling of required inspection, measuring for pay quantities, and sampling. The Contractor shall notify the Engineer a minimum of 24 hours in advance of starting any construction operation that will require inspection, measu ing for pay quantities, or sampling. Failure of the Contractor to provide such notice will relieve the owner and the Engineer from any responsibility for additional costs or delays caused by such failure. Inspection of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his contract as prescribed. Work and materials not meeting specifications shall be corrected and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been previously inspected by the Engineer of 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 the earliest opportunity, but in no case shall the area be left uncleared after the completion of the (lay's work. All material swept or blown onto sidewalks, all trash, all discarded slurry seal material, or other refuse shall be collected on a daily basis, removed from the site, and disposed of to a site approved by the Engineer, It shall be the Contractor's responsibility to provide the necessary manpower and equipment to satisfactorily clean the roadway area. The Contractor shall utilize a combination of pick-up brooms, side brooms and/or other equipment as needed to clean the streets prior to slurry application. All sweeping and clean up equipment shall be approved by the Engineer prior to the commencement of work. The Contractor shall maintain the streets during the construction process as prescribed above. If a street requires additional sweeping by municipal forces, the Owner shall deduct from compensation due the Contractor sufficient funds to cover the Owner's cost to provide said service. All cost of maintaining the work during construction and before the project is accepted will not be paid for separately, but shall be included in the work. All applied slurry surfaces shall be swept by an approved vacuum style sweeper to remove any excess raveled material which becomes dislodged from the street surface after five (5) calendar days, or as directed by the Engineer, and again after 30 calendar days, of as directed by the Engineer. Any dislodged material which has migrated to gutters, sidewalks, and driveways shall be removed at this time. Dislodged material shall be disposed of to a site approved by the Engineer. Excessive raveling, as determined by the Engineer, shall be swept by the Cont actor at no additional cost to the Owner. Sweeping shall be paid for per complete sweeping of all surfaces, and shall include blowing or sweeping of gutters, sidewalks and driveways as necessary. Payment shall include all equipment, labor, materials, overhead, incidentals and mobilization required to complete the work as described in the specifications. Project Specifications— Page 3 of 28 "NO PARKING" signs shall be placed at least 24 hours prior to sweeping, as needed The City of Port Collins will pay for "NO PARKING" signs at the contract unit price for "No Parking Sign with Stand." Pay Item Unit 105.10 Sweeping- All street surfaces Each 105.20 Sweeping - All parking lot surfaces Each Project Specifications— Page 4 or 28 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised as follows: Subsection 108.04 shall include the following: The slurry seal application shall be completed on or before August 15, and within the following calendar months: JAN FEB MAR APR MAY JUN JUl. AUG I SEP OCT NOV DEC l .. It is the intent of this project to be completed within twenty (20) working days after work commences for the City of Fort Collins as described below: • Fourteen (14) consecutive working days will be allotted for conch uction. • Three (3) consecutive working clays will be allotted for the first sweeping operation. See Revision of Section 105, Maintenance During Construction • Three (3) consecutive working days will be allotted for the second sweeping operation. See Revision of Section 105, Maintenance During Construction • Failure to meet the working days described above, or failure to commence sweeping at the described intervals shall result in damages assessed against the Contractor as described in Article 3 of the Agreement, Cont act Times. • Delays and extensions of time are described in the General Conditions. Project Specifications — Page 5 of 38 OWNER: CITY OF FORT COLLINS By :eRISK �! JAMESI, CPPO, FNIGP PURCHASING NAGEMENT �Mlm O.1 SF,,k'L Attest: City Cle Address for giving notices: P. 0. Box 580 Fort Collins, CO 80522 9/12/01 CONTRACTOR:A-1 Chipseal Company By: E 4 Title: ft Vegher, President r Date: / � / ( ,, TE SEAL) Attest: i 0?6 Snoviy Owl JELLOYYt�I2ad r co �0(aU LICENSE NO.: Section 00520 Page 6 REVISION OF SECTION 409 ASPHALT SLURRY SEAL Section 409 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 409.01 shall include the following: The bituminous slurry surface shall consist of properly proportioned and mixed mineral aggregate, asphalt emulsion water, and specific additives proportioned, mixed and uniformly spread on the properly prepared surface of the streets as specified herein and as directed by the Engineer. The slurry, when cured, shall have a homogeneous appearance, fill all cracks, adhere firmly to the adjacent surface, and have skid resistant texture. MATERIALS Subsection 409.02 shall include the following ASPHALT EMULSION The emulsified asphalt shall conform to Grade CQS-1 HL (Cationic Quick Setting Emulsified Asphalt with Latex Polymer) as specified in ASTM D977 and D2397 (Specification for Emulsified Asphalt and Cationic Emulsified Asphalt), except that the residual asphalt having a penetration of 40 - 90 shall constitute at least 60 percent of the emulsion by weight, and that the Saybolt Fui of Viscosity of the emulsion at 77' F (25' C) shall not exceed 50 seconds. Slow setting emulsions may not be used. CQS-lHL shall be an emulsified blend of asphalt, water, and styrene-butadiene rubber (SBR) latex and emulsifiers. The emulsion shall be pumpable and suitable for use in slurry seal mixing and spreading equipment, and suitable for application through a distributor truck. The emulsion shall contains minimum of two percent (2%) by weight of SBR polymer solids based on weight of residual asphalt. The polymer shall be added as SBR laytex by high shear mixing by co -milling or post -milling. Each load of emulsified asphalt shall be accompanied with a certificate of analysis/compliance and submitted to the Engineer to assure that it is the same as that used in the mix design. AGGREGATE The mineral aggregate shall consist of natural or manufactured sand, slag, crusher fines, and others, or a combination thereof and be gray in color. The aggregate shall be 100%crushed. Smooth -textured sand of less than 1.25% water absorption shall not exceed 50% of the total combined aggregate. The aggregate shall be clean and free fi-om organic matter and other deleterious substances. When tested in accordance with AASHTO TI76 of ASTM A2419 (Sand Equivalent Value of Soils and Fine Aggregates), the aggregate shall have a sand equivalent of not less than 65. When tested according to AASHTO T104, or ASTM C88 (Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulphate), the aggregate shall show a loss of not more than 15% using NA,SO4, or 25% using MgSO,. When tested according to AASHTO T96, or ASTM C131 (Resistance to Abrasion of Small Size Coarse Aggregate by Use of the Los Angeles Machine), the aggregate shall show a loss of not more than 20%. Mineral fillers such as Portland cement, limestone dust, time, fly ash, and other approved fillers shall be considered as part of the blended aggregate, used in the minimum amount required, and manufactured in the project year. Cost of mineral fillers, if used, is to be included in the unit price of the slurry seal and shall not be Project Speei rications — Page 6 or 28 REVISION OF SECTION 409 ASPHALT SLURRY SEAL paid for separately. They shall meet the gradation requirements of AASI-ITO M 17 or ASTM D242 (Mineral Filler for Bituminous Paving Mixtures). Mineral fillers shall be used for one or more ofthe following reasons only: 1. To improve the gradation of the aggregate. 2. To control the time of break of the emulsion. 3. To provide improved stability and workability of the slurry. 4. To increase the durability of the cured slurry. Screening of aggregate shall be required at the quarry prior to delivery to the job site. Oversized material and/or clay balls in the slurry seal shall be cause for rejection. The total aggregate, including mineral filler, shall conform to the following gradation when tested by AASHTO T27, or ASTM C136 (Sieve Analysis of Aggregates): SIEVE SIZE PERCENT PASSING TYPE II 3/8" ( 9.5 min 100 No. 4 ( 4.75 min 90 - 100 No. 8 ( 2.36 min 65 - 90 No. 16 ( 1.18 min 45 - 70 No. 30 ( 600 tun) No. 50 ( 330 um) 18 - 30 No. I00 ( 150 um 10 - 20 No. 200 ( 75 um) 5 - 15 The Contractor shall submit a Certificate of Compliance fi om the intended aggregate producer. This certificate shall verify that the material conforms to the applicable Project Specifications and Revision of Section 409, Asphalt Slurry Seal. This certificate shall be supplemented by laboratory test data performed by an independent testing laboratory at no expense to the Owner. MIX DESIGN At least two weeks prior to commencement of work, the Contractor shal I submit a signed mix design covering the specific materials to be used on the project. This design shall be performed by a laboratory qualified to perform International Slurry Seal Association (ISSA) tests. Once the materials are approved, no substitution will be permitted, unless first tested by the laboratory preparing the mix design and approved by the Engineer. 1. Mix Design The qualified laboratory shall develop the job mix design and present certified test results for the Engineers approval. Compatibility of the aggregate and emulsion shall be verified by the mix design. All component Project specifications— Page 7 of28 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 The Engineer shall approve the design mix and all materials and methods prior to use. The component materials shall be within the following limits. Residual Asphalt Type II: 7.5% to 13.5% by dry weight of aggregate Mineral Filler 0.5% to 3% by dry weight of aggregate Additive As required to provide the specified properties Water As required to produce proper mix consistency WATER All water used in making the slurry shall be potable and free of dissolved ingredients that may prove harmful. Water shall be of such quality that the asphalt will not separate from the emulsion before the slurry seal is in place. The effect of moisture content on the specific weight of the aggregate, and the moisture content of the aggregate being used, shall be taken into account in calibrating the machine to deliver mix in the correct proportion. LABORATORY TESTING All materials shall be pre -tested by the Contractor, at his expense, in a qualified laboratory as to their suitability for use in slurry and conformance with project specifications. The laboratory shalt issue a current report which shows the results of tests performed on the individual materials, comparing their values to those required by this specification. The report will provide the following information on the slurry seal mixture. TEST PURPOSE METHOD SPECIFICATION Slurry Seal Consistency ISSA TI06 2 - 3 cm Excess Asphalt11 ISSA T109 50 g/ft2 max (538 g/m' max) Wet Stripping T J ISSA TL14 pass (90% min) Compatibility ISSA T115 Pass* Quick Set Emulsion ISSA T102 Pass** Wet Track Abrasion ASTM D3910 1 Hour Soak Loss 50 g/ft2 max (538 g/m2 max) 6 Day Soak Loss 75 g/ftz max (807 g/m' max) * Mixing tests must pass at the maximum expected air temperature. ** Using specific job aggregate and emulsion content. Project Specifications —Page 8 of 28 REVISION OF SECTION 409 ASPHALT SLURRY SEAL The laboratory shall further report the quantitative effects of moisture content oil the unit weight of the aggregate (Bulking effect). The laboratory report must clearly show the proportions of aggregate, mineral filler (minimum and maximum), water (minimum and maximum), additive(s) (usage), and asphalt based on the chy aggregate weight. A current and complete laboratory analysis and test report, accompanied by abraded and unabraded slurry test samples, shall be submitted by the Contractor at least two weeks prior to commencement of any work. If the Contractor performs this testing, the Engineer or his representative shall be allowed to observe all testing. STOCKPILING OF AGGREGATE Precautions shall be taken to ensure that stockpiles are carefully mixed just prior to use to ensure uniform distribution of the moisture, and that they do not become contaminated with over -sized seed rock, clay, silt, or excessive amounts of moisture. To eliminate oversized aggregate, the material shall be screened attire load site immediately prior to use, and shall be directly deposited from the screen to the mixing equipment. Costs for the screen will not be measured or paid for separately, but shall be considered incidental to the work. The stockpile shall be kept in areas that drain readily. Segregation of the aggregate will not be permitted. STORAGE The Contractor shall provide suitable storage facilities for the asphalt emulsion, using containers equipped to prevent water from entering the emulsion. If necessary, suitable heat shall be provided to prevent freezing. No portion of the right of way may be used for storage of any materials or equipment. SAMPLING Samples of materials and of the finished slurry surface shall be furnished by the Contractor as directed by the Engineer during progress of the work at no expense to the Owner. Test reports shall be required from the Contractor as additional materials arrive. Testing costs will be computed in accordance with section 1400 "Quality Control". CONSTRUCTION REQUIREMENTS Subsection 409.04 shall be revised as follows: WEATHER LIMITATIONS No slurry shall be applied: 1. When there is any clanger the finished product will freeze before it cures completely. 1 When the pavement or air temperature is 60°F (16' C) or below and falling. 3. While puddles of water remain on the surface to be coated. The Contractor is responsible for repairing or replacing any surfaces damaged by weather. Subsection 409.05 shall be revised as follows: EQUIPMENT All equipment, tools, and machines used in the performance of this work shall be maintained in satisfactory working order at all times. Descriptive information on the slurry mixing and applying equipment to be Project Specifications— Page 9 of 28 REVISION OF SECTION 409 ASPHALT SLURRY SEAL used shall be submitted for approval a minimum of seven (7) days before commencement of work 1. Slurry Mixing Equipment The slurry mixing machine shall be a double shafted continuous flow mixing unit, capable of delivering accurate predetermined proportions of aggregate, water and asphalt emulsion to a revolving spiraled multi blade, double shafted, spiraled mixer tank, and of discharging the thoroughly mixed product on a continuous basis. "file machine shall be equipped with a hydraulically controlled steel pugmill gate for positive discharge operations. Discharge from the pugmill shall be controlled by a chute or other suitable mechanical device. The mixing machine shall be equipped with suitable means of accurately metering each individual material being fed into the mixer. 'Pile mixing unit shall be equipped with a metering system to accurately meter all liquids by volume by the use of flow meters reading gallons per minute. 'Pile flow of the liquids shall be consistent and precise and feed into the pugmill in the proportions outlined in the mix design. The machine shall be equipped with a temperature indicating device installed in the emulsion tank at the emulsion pump suction line level. The aggregate shall be pre -wetted immediately prior to mixing with the emulsion. The mixing unit shall be capable of thoroughly blending all ingredients together without violent action. The mixing machine shall be equipped with an approved fines feeder that provides an accurate metering device or method of introducing a predetermined proportion of mineral filler into the mixer as the aggregate is fed in. The fines feeder shall be used when mineral filler is part of the aggregate blend. The unit shall be equipped with approved devices so that the machine can be accurately calibrated and the quantities of materials used during any one period estimated. The mixing machine shall be equipped with a water pressure system, and fog type spray bar adequate for completely fogging the surface with up to 0.055 gallons per square yard (0.25 I/in2), immediately ahead of the spreading equipment. The machine shall be capable of mixing materials at preset proportions regardless of the speed of the machine engine, and without changing machine settings. 2. Proportioning Devices Individual volume of weight controls for proportioning each material to be added to the mix (i.e., aggregate, mineral filler, emulsified asphalt and water) shall be provided and properly marked. These proportioning devices are usually revolution counters or similar devices and are used in material calibration and determining the materials output at anytime. Yield estimates with supporting documentation from the metering devices and material delivery tickets will be provided by the Contractor daily. 3. Calibration Each slurry mixing unit to be used in performance of the work shall be calibrated in the presence of the Engineer's representative prior to construction. The documentation shall be provided, which includes an individual calibration of each material at various settings, which can be related to the machine's metering deviee(s). No machine will be allowed to work on the project until the calibration has been completed and accepted by the Engineer. Previous calibration documentation covering the exact materials to be used may be accepted provided they were made during the current calendar year. The documentation shall include an individual calibration of each material of various settings which can be related to the machine metering device(s). 4. Verification Test strips, of at least fifleen hundred (1500) square yards for each mix used, will be made by each machine after calibration and prior to construction. Test strips shall be a portion of the project. Samples of the slurry seal will be taken and verification made as to mix consistency and proportioning. Verification of rate of application will also be made. Upon failure of any of the tests, additional test strips, at no cost to the Owner, will be required until each unit is authorized to work. Any unit failing to pass tests after the third trial will not be permitted to work on the project. Test strips must be accepted or rejected within 48 hours after application. Project Specifications— Page 10 of'28 REVISION OF SECTION 409 ASPHALT SLURRY SEAL When the test sections do not conform to the specification requirements, the slurry seal shall be removed at the Contractor's expense. No compensation will be made for re -application or additional test sections required due to unsatisfactory work or material. Initiation of work on the project streets shall not begin without the Engineer's approval of test sections. 5. Slurry Spreading Equipment The surfacing mixture shall be spread uniformly by means of a mechanical type squeegee distributor, having a rubber -like material in contact with the surface to prevent unwanted egress of slurry. It shall prevent loss of slurry on varying grades and crown by adjustments to assure uniform spread. An appropriate mechanical device for lateral distribution of the slurry shall be operated within the spreader box. There shall be a steering device, a flexible strike -off, and a burlap or other approved drag. The spreader box shall be equipped with paddles or augers to agitate and spread the materials throughout the box. It shall be capable of producing a uniform surface its full width. A front seal shall be provided to ensure no loss of the mixture at the road contact point. The rear seal shall act as final strike off and shall be adjustable. The mixture shall be spread to fill cracks and minor surface irregularities and leave a uniform skid resistant application of material on the surface. 'Pile spreader box and rear strike off shall be so designed and operated that a uniform consistency is achieved to produce a free flow of material to the rear strike off. The longitudinal joint where two spreads join shall be neat appearing, uniform, and lapped no more than six (6) inches. All excess material shall be removed from the job site prior to opening the road. 'rho spreader box shall have suitable means provided to side -shift the box to compensate for variations in pavement geometry. The box shall be kept clean, and no build-up of asphalt and aggregate shall be permitted. Spreader box skids shall be maintained in such a manner to prevent transverse chatter (wash -boarding) in the 'finished mat. Any type drag used shall be approved by the Engineer and kept in a completely flexible condition at all times. 6. Cleaning Equipment Power brooms, power blowers, air compressors, water flushing equipment, and hand brooms suitable for cleaning the base surface and cracks therein shall be provided by the Contractor in accordance with Section 01560 "Temporary Controls" and Section 02000 "Revision of Section 105; Maintenance During Construction". 7. Auxiliary Equipment Fland squeegees, shovels and all other equipment necessary to perform the work shall be provided by the Contractor at no additional cost to the Owner. Subsection 409.06 shall be revised as follows: PREPARATION OF THE SURFACE Immediately prior to application of the slurry, the Contractor shall be responsible for ensuring that the surface is cleaned of all loose material, oil, silt spots, vegetation, and other objectionable material. Pavement cleaning methods must be approved by the Engineer prior to use. The Contractor shall apply oil spot primers to oil, gas and grease spots on pavement prior to applying the slurry seal. The Contractor must remove all weeds from pavement surfaces and from the interface of the concrete curb and asphalt prior to the application of any slurry seal. 'file Engineer shall give final approval that the surface has been prepared properly. Costs associated with these requirements shall be included in the unit price of the slurry seal work and shall not be paid for separately except as discussed in Section 02000 "Revision of Section I05; Maintenance During Construction'. If the slurry is being placed over a brick or concrete surface, a highly absorbent asphalt surface, areas subjected to dusty conditions or over a surface where the aggregate has become exposed and is polished and slick, a one part emulsion, three part water tack coat of the same emulsion type and grade as specified for the slurry is recommended. This can be applied with an asphalt distributor. The normal application rate is 0.05 to 0.15 Project Specifications - Page I I ol'28 REVISION OF SECTION 409 ASPHALT SLURRY SEAL gallons of the diluted emulsion per square yard of surface (0.23 to 0.70liters per square meter). The Engineer will have final authority to determine if tack coat is required and the rate at which it shall be applied. The Owner will be performing concrete repair, patching, and crack sealing on the streets prior to the application of the slurry seal. Subsection 409.07 shall be revised as follows: APPLICATION The amount of asphalt emulsion to be blended with the aggregate shall be determined in the laboratory, subject to final adjustment in the field to allow for absorption by the existing surface and approval by the Engineer. The amount of water added must be controlled accurately to ensure production of readily spreadable, yet completely stable slurry. Proper water content shall be determined by an appropriate consistency test on freshly made slurry. The slurry shall be a homogeneous mixture, sufficiently stable during the entire mixing - spreading period so that the emulsion does not break, there is no segregation of fines from the coarser aggregate, and the liquid portion of the mix does not float to the surface. Total time of mixing, from introduction of emulsion to spreading shall be two minutes or less. The weight of dry aggregate applied per unit area shall be 181bs/sy. The test sections shall be placed using the same equipment and methods to be used on the job. Slurry mixtures placed in test strips shall conform to design mix with minor variations to obtain crack filling, bond to pavement, and desired skid resistance texture. In the event the materials do not meet the requirements for fluidity, non -segregation, or surface texture, a newjob mix shall be formulated and tested. Work shall not proceed before approval of a design mix and acceptance following the placing of a test strip. Application of the Slurry Surfaces 1. General The surface shall be fogged with water directly preceding the spreader if required by local conditions as directed by the Engineer. No free water shall be on the surface of the pavement following fog spray. Rate of application of the fog spray shall be adjusted during the day to suit pavement temperatures, surface texture, humidity, and dryness of pavement surface. The slurry mixtures shall be of the desired consistency as it leaves the mixer, and no additional elements shall be added. A sufficient amount of slurry shall be carried in all parts ofthe spreader at all times so that complete coverage is obtained. No lumping, balling, or unmixed aggregates shall be permitted. No segregation of the emulsion and aggregate fines from the coarse aggregate will be permitted. If the coarse aggregate settles to the bottom of the mix, the slurry will be removed from the pavement. Breaking of the emulsion in the spreader box will not be allowed. No streaks as caused by oversized aggregate will be left in the finished pavement. Rippling of the finished pavement is undesirable and shall be minimized The speed maybe reduced by the Engineer, if rippling of the surface occurs. At any time that segregation, texture, rippling or application rate are in non compliance with the specifications due to mix equipment or workmanship, work will be stopped until the Owner's representative is insured that the non conformance has been corrected. After lay -down work is completed and before final acceptance by the Engineer, spot application of slurry seal material may be required to correct any deficiencies such as streaking, scuff marks, tire tracks, gaps, etc. to improve the ride quality and overall appearance. Slurry seal material required to correct deficiencies due to unsatisfactory workmanship will not be paid for but shall be at the Contractor's expense. Project Specifications — Page 12 or28 REVISION OF SECTION 409 ASPHALT SLURRY SEAL 2. Joints The longitudinal joint between adjacent lanes shall have no visible lap, pinholes, or uncovered areas. Build-up or unsightly appearance shall be not be permitted on longitudinal or h'ansversejoints. The use of burlap drags or other type drags shall be at the direction of the Engineer. Thick spots caused by overlapping shall be smoothed immediately with the hand squeegees before the emulsion breaks. Longitudinal joints shall be overlapped no more than 6 inches over previously placed slurry. Slurry seal will be measured and paid for by the square yard of street surface properly sealed and accepted by the Engineer. Building paper shall be used at transverse joints to minimize or eliminate overlap. When drags are used, they must be kept clean and free of build-up. Joints shall be straight and have a neat appearance. 3. Hand Work Approved hand squeegees with burlap drags shall be used to spread slurry in areas not accessible to the slurry mixer. Care shall be exercised as to the specified application rate and workmanship, as to leave no unsightly appearance from hand work.. 4. Mix Stability The mixture shall possess sufficient stability so that premature breaking of the material in the spreader box does not occur. The mixture shall be homogeneous during and following mixing and spreading, it shall be free of excess water or emulsion and free of segregation of the emulsion and aggregate fines from the coarser aggregate. Spraying of additional water into the spreader box will not be permitted. 5. Lines Care shall betaken to ensure straight lines along curbs, shoulders andjoints. No runoff on these areas will be permitted. Lines at intersections will be kept straight to provide a neat appearance. 6. Curing Slurry treated areas shall be allowed to cure until such time as the Engineer permits their opening to traffic. The slurry seal mixture shall be proportioned to permit traffic on the newly sealed surface within l to 4 hours of placement. The Contractor shall protect the area with suitable barricades for the full curing period, per the approved traffic control plan, 7. Rolling Slurry seal placed on parking lots, alleys, cut -de -sacs or low traffic volume areas, as determined by the Engineer, shall be rolled with a pneumatic tire roller with a minimum weight of four (4) tons. Rolling shall start when the slurry seal has set sufficiently to prevent any pick-up of material and rolled a minimum of three(3) coverages by the roller until a uniform surface is obtainecl. Payment for rolling will not be measured or paid for separately, but shall be included in the unit price for Slurry Seal. 8. Maintaining Traffic The seal coat shall be applied to alternating streets to provide sufficient public parking for those residents living on streets which have been closed. Traffic will not be allowed on the newly placed bituminous material until, in the opinion of the Engineer, the bituminous material has sufficiently set and bonded to prevent damage by vehicular traffic. Areas which are subject to an increased rate of sharp turning vehicles may require additional time to allow for a more complete cure of the slurry seal mat to prevent damage. Street closures shall be opened as soon as the material has sufficiently set and bonded. Project Specifications— Page 13 of 28 REVISION OP SECTION 409 ASPHALT SLURRY SEAL 9. Manholes and Valves Manholes and valves on streets to be slurry sealed shall be clean when the work is completed. They shall be covered in a suitable manner prior to sealing, and the covering shall be removed immediately after the street is sealed. The Contractor shall submit the method for protecting manholes and valves to the Engineer for approval at least two weeks prior to commencement of work. After sealing, the Contractor shall verify accessibility to manholes and valves to the satisfaction of the Engineer at the end of each day. Manholes and valves shall be marked by the Contractor prior to placing the slurry to insure each one is located and can be found after slurry sealing. 10. Stockpiles and Equipment Storage The Conti actor is solely responsible for finding and using suitable stockpile locations. The Owner shall be allowed access to the stockpile locations at all times. No portion of the right of way may be used for storage of materials or equipment. Materials shall be stored in an area to prevent water saturation and contamination of stockpiled aggregates. On -site emulsion tanks shall be empty and cleaned of all residual asphalt prior to delivery of the first load of approved emulsion. Written authorization to use private property to store equipment and materials shall be obtained from the property owner and submitted prior to mobilization and use. The Contractor shall also submit a letter of indemnification to the Owner and the property owner. 11. Cleanup All material swept or blown onto sidewalks, all trash, all discarded slurry seal material, or othenefuse shall be collected on a daily basis, removed from the site, and disposed of to a site approved by the Engineer. All applied slurry surfaces shall be swept by an approved sweeper to remove any excess raveled material which becomes dislodged from the street surface after five (5) clays. Dislodged material from the street shall be disposed of to a site approved by the Engineer. Payment for sweeping shall be paid for separately as described in Section 02000 "Revision of Section 105; Maintenance During Construction". Excessive raveling, as determined by the Engineer, shall be swept by the Contractor at no additional cost to the Owner. QUALITY CONTROL The Engineer may use the recorders and measuring facilities of the unit(s) to determine application rates, asphalt emulsion content, mineral filler and additive. Yield estimates with supporting documentation from the metering devices and material delivery tickets will be provided by the Contractor on a daily basis. 1. Materials The Contractor will supply the Engineer with samples of the aggregate and asphalt emulsion used in the project at the Engineer's discretion. Gradation and sand equivalent tests may be run on the aggregate and (residual asphalt) content tests on the emulsion. 'rest results will be compared to specifications. The Owner must notify the Contractor immediately if any test fails to meet the specifications. 2. Slurry Seal Samples of the material may be taken directly from the mixing unit(s). Consistency and residual asphalt content tests may be made on the samples and compared to the specifications. Costs will be computed in accordance with Section 01400 "Quality Control". The Owner must notify the Contractor immediately if any test fails to meet specifications. The calibration of the slurry mixing unit will be periodically checked as discussed under "Equipment; Calibration". Project Speci lica(ions — Page 14 of 28 REVISION OF SECTION 409 ASPHALT SLURRY SEAL 3. Noncompliance Frequency of testing will be at the direction of the Engineer. Noncompliance of materials shall be basis for rejection. It is the responsibility of the Contractor, at his own expense, to prove to the Engineer that the conditions have been corrected before work may continue. See Section 01400 "Quality Control". METHOD OF MEASUREMENT Subsection 409.09 shall be revised as follows: Slurry seal will be measured and paid for by the square yard of street surface properly sealed and accepted by the Engineer. This payment will be full compensation for preparing sweet 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 Conhactor 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 prim 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 be set 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 in excess of the maximum application rates, or below the minimum application rates, the slurry seal will be subject to rejection or a price reduction as follows at the direction of the Engineer: AMO PPUM APPLICATION RATE PERCENTAGEION IN FINAL PAYMENT 1 - 5% 10% or Rejection s 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 Contactor daily. Responsibility for ensuring proper spread rates and material proportions is solely the Contractor's. BASIS OF PAYMENT Subsection 409.10 shall be revised as follows: The accepted quantities of slurry seal will be paid for at the contract prices per square yard of street surface properly sealed and accepted by the Engineer, minus any reduction 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. Project Sped fications — Page 15 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. City of Fort Collins OWNER M Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of 1 20 CONTRACTOR: A-1 Chipseal Company Title: 7/96 Section 00530 Page 1 REVISION OF SECTION 409 ASPHALT SLURRY SEAL Payment will be made under: Pay Item Unit 409.01 Type 11 Slurry Seal - All Street Locations Square Yard 409.02 'Type It Slurry Seal - Parking Lots Square Yard Project Specifications — Page 16 of 28 REVISION OF SECTION 409 CAPESEAL — RID ALTERNATE DESCRIPTION The Contractor shall furnish all labor, equipment, material, supplies, signage, traffic control, and other incidentals necessary to provide an application of polymerized chipscal followed by a polymerized slurry seal to an existing roadway surface. This two step process is called Capeseal. The slurry seal shall meet the requirements of Revision of Section 409, Asphalt Slurry Seal, contained herein. MATERIALS Emulsified Polymerized Asphalt Material (Chipseal): Polymerized cationic rapid set emulsified asphalt (CRS-2P) shall be an emulsified blend of polymerized asphalt, water, emulsifiers, and polymer. The asphalt cement shall be polymer modified prior to emulsification and shall contain a minimum of 3% styrene-butadien-styrene (SQS) block copolymer by weight of asphalt cement. The emulsion, standing undisturbed for a minimum of 24 hours, shall show no milky white separation, but shall be smooth and homogeneous throughout. The emulsion shall be pumpable and suitable for application through a distributor truck. The CRS-2P shall conform to the following specifications. Test on Emulsion Minimum Maximum 'rest Method Min Max 'rest Method Viscosity, Say bolt Furol, 122 F,s 80 400 ASTM D88 Storage Stability Test, 24-h%(a) 1 ASTM D244 Demulsibility, 36 ML, 0.8%dioetyl sodium Sulfosuccinate, % 40 ASTM D244 Particle Charge Test Positive ASTM D244 Sieve Test, %(a) 0.1 ASTM D244 Distillation (b) ASTM D244 Oil Distillate, by Volume of Emulsion, % 3 ASTM D244 Residue, % 73 ASTM D244 Test on Residue Min Max Test Method Penetration, 77 F, 100g,5s 70 150 ASTM D5 Ductility, 77 F, 5 cm/min,cm 75 ASTM D113 Ductility, 39.2 F, 5 cm/min,cm 25 ASTM D113 Solubility in Trichloroethylene, % 97.5 ASTM D2042 'roughness, in -lb 90 ASTM D5801 Tenacity, in -lb 60 ASTM D5801 Elastic Recover, 77 F, IOcm,Ih,% 80 AS D5976 a) This test requirement on representative samples is waived if successful application of the material has been achieved in the field. b) Residue by evaporation at 325 F shall be the reference method to obtain material for tests on residue. Residue from distillation shall not be used for tests on residue due to polymer degradation at 500 F. A one -quart sample of the final emulsion shall be submitted upon request. The source of the base asphalt, polymer, additives, and supplier shall be stated on the sample and shalt not change during the course of construction The slurry seal shall meet the requirements of Revision of Section 409, Asphalt Slurry Seal, contained herein. Project Specifications — Page 17 of 28 REVISION OF SECTION 409 CAPESEAL — BID ALTERNATE Aggregate: The cover coat shall be washed, hard, durable, clean rock and free from coatings or deleterious material. All of the aggregate shall be crushed gray granite with 100% fractured faces. The aggregate shall have maximum toss of 20% when tested with the LA Abrasion procedure as defined by AASHTO T96 using grade C or D. Only one type of aggregate shall be used and shall conform to the following gradation: Sieve Size '/a" Chip 5/8" 100 /P" 100 3/8" 100 %" 90-100 No.4 0-10 No.8 0-3 No.200 0-2.5 Material Application Rates: Material 'W' Capeseal CRS-2P Chipseal .26-32 Gal/SY Cover Coat Aggregate 20 Ibs/SY Minimum Slurry Mix 18 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. The equipment shall conform to the following minimum requirements. Bituminous Distributor: A minimum of two like distributors shall be used on this project. "The distributors shall be self - powered and capable of providing a uniform application rate of emulsion varying from .05-1.00 gallons per square yard over a variable width up to twenty feet in a single pass. The uniformity of the distributors shall not vary by more the two - hundredths gallons per square yard. The distributors shall be equipped with a variable power unit for the pump and full circulation spray bars, which are adjustable laterally and vertically. The nozzle angle and bar height shall be set to provide one hundred percent of double coverage in a single pass. Where multiple passes will be required to complete the full width, the four inches adjacent to the second pass may be left with fifty percent coverage so that the next pass will complete the full application rate specified. Distributors shall be self -powered and include a computerized application controls, a tachometer, pressure gauges, accurate volume devices, calibrated tank, and a thermometer for measuring temperatures of the emulsion in the tank. Aggregate Spreader: The aggregate spreader shall be self-propelled and supported by at least four tires on two axles capable of providing a uniform application rate of aggregate from five to fifty pounds per square yard over a variable width up to twenty feet in a single pass. The uniformity of this machine shall not vary by more than one pound per square yard. The aggregate spreader shall be equipped with the means of applying the cover coat material to the surface with computerized application controls so that the required amount of material will be deposited uniformly over the full width of the bituminous material. A computer rate controlled aggregate spreader shall be required. Rollers: A minimum of two self-propelled pneumatic tired rollers shall be used on the project unless otherwise requested by the Engineer. The rubber tired rollers shall have a gross load adjustable to apply 200 — 250 pounds per inch of rolling width. Tire pressure shall be specified for the pneumatic tire rollers and shall not vary more than plus or minus 5.0 psi. The smooth drum roller shall be a single drum roller with a loaded rate of five tons. Depending on the speed of the Chipseal operation and the width of coverage, additional rollers may be required. At no time shall the rollers travel more than ten miles per hour. Project Specifications — Page 18 of 28 REVISION OF SECTION 409 CAPESEAL—BID ALTERNATE Sweepers: A minimum of two vacuum designed sweepers having only negative airpressure at the road surface capable of removing excess aggregate and debris material shall be used on this project. The body hoppers of the vacuum sweepers shall be a minimum capacity of ten cubic yards, and the negative air pressure at the intake shall berated at forty six inches of negative water pressure. Sweepers shall meet applicable U.S. Environmental protection Agency Standards. No mechanical pick-up brooms will be allowed on the project. Surface Preparation: The Contractor shall be responsible for all measures required providing a thoroughly clean and dry pavement surface including vegetation removal, and sweeping prior to the chipseal application. The Contractor shall observe the condition ofthe pavement prior to bidding to determine the work necessary to provide a clean, dry pavement for construction and shall include the work necessary in the bid. Application of Bituminous Material (Chipseal): The application of the emulsion shall be performed by means of a pressure distributor in a manner to achieve a uniform and continuous spread over the asphalt surface. The temperature of the emulsion shall be a minimum of 160 F. The quantity of emulsion per square yard shall be as specified herein and agreed upon with the Engineer. The distributor shall be moving forward at proper application aped at the time the spray bar is opened. If at any time a nozzle becomes clogged or not spraying a proper pattern, the operation shall be immediately halted until repairs are made. Repairs shall be made immediately after deficiencies are noted and prior to the aggregate spreader at all times during construction. The width of the spread shall be no greater than the width of the aggregate spreader except where additional passes are required the emulsion shall be four inches beyond the aggregate spread at fifty percent application rate. At no time shall the emulsion be allowed to break, chill, setup, harden, or otherwise impair the aggregate retention before the aggregate has been properly applied and rolled. Application of Cover Coat Aggregate (Chipseal): The aggregate shall be applied immediately following the emulsion application by the approved aggregate spreader. The quantity of cover coat aggregate per square yard shall be specified herein and agreed upon with the Engineer. The Contractor, prior to start of work, shall calibrate the aggregate spreader to achieve the design application rate of the cover coat aggregate. Spreading shall be accomplished in such a manner that the tires of the trucks and aggregate spreader never contact the newly applied bituminous material. The width of the aggregate spreader shall be equal to the width of the emulsion spread, except where additional passes are required. Areas, which are deficient in aggregate, shall be covered immediately with additional material. Rolling (Chipseal): Initial rolling shall begin immediately after the application of cover coat aggregate. Rollers shall work in tandem and complete a minimum of three passes with a sufficient overlap. Should the rolling operation be delayed, the aggregate and emulsion spreading shall be halted until the operation regains proper sequencing and timing. The maximum speed of the rolling operations shall be ten miles per hour. Sweeping (Chipseal): Within 24 hours of the Slurry application, excess aggregate shall be swept and removed from the roadway and adjacent areas with specified herein sweepers. Application of Material (Slurry): Within 48 hours of the chipseal application the slurry course will be applied. The surface shall be fogged with water directly preceding the spreader. The slung mixtures shall be of the desired consistency, based on the submitted mix design, as it leaves the mixer with additional approved additive if required. A sufficient amount of slurry shall be carried in all parts of the spreader at all times so that complete coverage is obtained. No lumping, balling, or unmixed aggregates shall be permitted. No segregation of the emulsion and aggregate fines from the coarse aggregate will be permitted. No excessive breaking of the emulsion will be allowed in the spreader box. Rippling of the finished pavement is undesirable and shall be minimized. No excessive build-up or unsightly appearance shall be permitted on longitudinal or transverse joints. The use of burlap drags or other type drags shall be used so that joints will be straight and have a neat appearance. Squeogees 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 Speci Ctcalions—Page 19 or 28 REVISION OF SECTION 409 CAPESEAL — BID ALTERNATE Slurry treated areas shall be allowed to cure until such time as traffic will not damage the finished product. Contractor will be responsible for monitoring roadways treated to insure sufficient cure time is allowed before allowing traffic over the treated areas. Manholes, Valves, and Inlets: Manholes, valve boxes, and inlets shall be covered and or protected with an approved material during the operation and shall be removed immediately after the street has been capescaled. The Contractor is responsible for locating all exposed manholes, valve boxes and prior to construction. Weather Limitations: No construction shall take place when either the air or pavement surface temperature falls below fifty degrees or when the pavement is moist, or when the weather is or may be detrimental, Detrimental weather is defined as rain showers, cool temperatures, moist pavements, threat of rain showers, or other factors which could affect the performance of the Capeseal construction. Traffic Control: Traffic Control shall be as described in Revision of Section 630, Traffic Control Devices, contained herein. Temporary Raised Pavement Markers will be installed as needed, at a minimum of 40' spacing. 'rhe cost of signage, markers, and traffic control necessary to complete this project shall be included in the unit price of the Capeseal. METHOD OF MEASUREMENT Capeseal will be measured by the square yard of street surface properly sealed and accepted by the Engineer. This payment will be full compensation for preparing street surfaces, furnishing all labor, material, tools, equipment, incidentals and for all the work involved in placing the Capeseal, including rolling and sweeping. Any additional additives used by the Contractor must be approved by the Engineer. No separate payment for additional additives will be made unless approved prior to use by the Engineer. Responsibility for ensuring proper spread rates and material proportions is solely the Contractor's. BASIS OF PAYMENT The accepted quantities of Capeseal will be paid for at the contract unit price per square yard of street surface properly sealed and accepted by the Engineer. Payment shall include all equipment, labor, materials, overhead, incidentals, and mobilization required to complete the work as described in the specifications. Payment will be made under: Pay Item Unit 409.03 Capeseal SY Project Specifications — Page 20 of 28 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 630.01 shall be revised as follows: This work shall consist of furnishing, installing, moving maintaining and removing temporary traffic signs, advance warning arrows panels, barricades, channelizing devices, and delineators as required by the latest revision of the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD), the City of Fort Collins `Work Area Traffic Control Handbook", and the Latimer County Urban Area Street Standards. In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. When a device is not in use, the Contractor shall remove it from the project for the period it is not needed. Devices temporarily not in use shall, as a minimum, be removed from the area. Moving will include devices removed from the project and later returned to use. The City of Fort Collins shall pay for the maximum number of each type of traffic control device being used at one given time per day. Latimer County shall pay for Construction Zone Traffic Control lump sum. Traffic control devices shall be placed and/or stored in the right-of-way in such a manner that minimizes the hazards to pedestrians, bicyclists and vehicles. Traffic control devices shall be removed from the site immediately upon completion of the work for any street(s). MATERIALS Subsection 630.02 shall include the following: All traffic control devices placed for this project must meet or exceed the minimum standards set forth in the MUTCD. All traffic control devices shall be clean and in good operating condition when delivered and shall be maintained in that manner on a daily basis. All traffic control devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (i.e. crossed out information, information written in long -hand style, etc.) Additionally, any sign blank with sign faces on both sides must have the back sign face covered when in use to avoid confusion to motorists traveling in the opposite direction and other potentially affected parties, such as residents affected by any information the sign may present. CONSTRUCTION REQUIREMENTS Subsection 630.09 shall be revised as follows: TRAFFIC CONTROL PLAN Traffic control through the construction at is the responsibility of the Contractor. For all locations, a Traffic Control Plan shall be prepared. The Traffic Control Plans for the City of Fort Collins shall be on City supplied forms. The Traffic Control Plans shall be submitted for approval to the Engineer by 8:00 a.m., two working days prior to the commencement of work. (Note: Traffic Control Plans for work done on Monday and Tuesday shall be submitted the previous Friday by 8:00 a.m.) Full road closure plans shall be Project Specifications— Page 21 of28 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL submitted no later than Friday mornings by 8:00 a.m. for projects starting the following week. All plans shall be delivered to City Engineering, 281 North College Avenue. Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Traffic Control Plan has been approved. Failure to have an approved Traffic Control Plan shall constitute cause for the City to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. All costs associated with Traffic Control Plan review will not be measured or paid for separately, but shall be considered incidental to the Work. The Traffic Control Plan shall include, as a minimum, the following: (1) A detailed diagram which shows the location of all sign placements, including advance construction signs (if not previously approved) and speed limit signs; method, length and time duration for lane closures, and location of flag persons. (2) A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to: conch notion signs; vertical panel; vertical panel with light; Type 1, Type 11, and Type III barricades; cones; drum channelizing devices; advance warning flashing or sequencing arrow panel. Certain traffic control devices may be used for more than one operation or phase. However, all devices required for any particular phase must be detailed and tabulated for each phase. (3) Number of flaggers to be used. (4) Parking Restrictions to be in affect. Approval of the proposed method of handling traffic is intended to indicate those devices for which payment is to be made. Such approval does not relieve the Contractor of liability specifically assigned to him under this contract. Parking Restriction Plans forthe City of Fort Collins shall 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 days prior to the commencement of work. (Note: Parking Restriction Plans for work done on Monday and Tuesday shall be submitted the previous Friday by 8:00 a.m.) All plans shall be delivered to City Engineering, 281 North College Avenue. Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Parking Restriction Plan has been approved. Failure to have an approved Parking Restriction Plan shall constitute cause for the City to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. The cost for preparing and submitting the traffic control plan shall be include(( in the contract unit price for Traffic Control Supervisor. Subsection 630.10 shall be revised as follows: TRAFFIC CONTROL MANAGEMENT Traffic Control Management shall be performed by a Traffic Control Supervisor (fCS). The TCS(s) shall possess a current American Traffic Safety Services Association (ATSSA) certification as a Woiksite Traffic Control Supervisor or Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor. (Proof of certification shall be presented to the Owners Traffic Control Manager, and when requested by a representative, for each TCS utilized on this project.) Project Specifications— Page 22 of'28 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL One TCS shall be designated as the I -lead TCS. 'file Head TCS shall have a minimum of one year experience as a certified TCS. Qualifications shall be submitted to the Engineer for approval a minimum of one week prior to commencement of the work. The Head TCS shalt be on site at all times during the construction when payment is made under the contract unit price for Traffic Control Supervisor per day. When the TCS is being paid under the TCS per hour item, time spent on site may be modified by the Owners Representative, as needed, based on the size and complexity of the project, location of work, duration of the project, traffic factors, weather, and roadway characteristics. The TCS shall be equipped with a cellular phone. The cost of this phone shall be incidental to the day or hour pay unit for TCS. It is the intent of the specifications that the Head TCS be the same throughout the project. If the Head TCS is to be replaced dining the project, the Engineer shall be given a minimum of one (1) weeks notice and qualifications shall be submitted for approval for the replacement. The Head TCS will be paid for under the TCS item. The TCS's duties shall include, but not be limited to: (1) Preparing, revising and submitting Traffic Control Plans as required. (Review fees will not be measured or paid for separately, but shall be considered incidental to the Work.) (2) Direct supervision of project flaggers. (3) Coordinating all traffic control related operations, including those of the Subcontractors and suppliers. (4) Coordinating project activities with appropriate police and fire control agencies, Transfort, school districts and other affected agencies and parties prior to construction. 'Typed hand delivered notification to all businesses and residents at least 24 hours priorto construction. (The notification of residents and businesses may be accomplished by a representative of the TCS.) (5) Maintaining a project traffic control diary which shall become part of the Owners's project records. (6) Inspecting traffic control devices on every calendar day for the duration of the project. (7) Insuring that traffic control devices are functioning as required. (8) Overseeing all requirements covered by the plans and specifications which contribute to the convenience, safety and orderly movement of traffic. (9) Flagging. (10) Setting up traffic control devices. Notification of residents and businesses shall be the responsibility of the TCS and shall consist of distributing letters indicating the nature of the work to be completed, any special instructions to the residents (i.e. limits on lawn watering during concrete pouring, etc.), the dates and times of the work, and the parking and access restrictions that will apply, as well as thorough information placed on "NO PARKING" signs. Sample letters will be provided by the Engineer and shall be distributed prior to the commencement of each phase ofthe work. Letters shall be submitted with the Traffic Control Plans for approval. Approved letters shall be distributed a minimum of 24 hours prior to the commencement of work. (Note: The time frame criterion for distributing letters is the same as for posting "NO PARKING" signs.) The cost fox, preparing and distributing the letters Project Specifications — Page 23 of 28 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL shall be included in the cost for TCS. Traffic control management shall be maintained on a 24 hour per day basis. The Contractor shall make arrangements so that the Traffic Control Supervisor ortheir approved representative will be available on every working clay, "on call" at all times and available upon the Engineer's request at other than normal working hours. All costs associated with `on call" service, excluding actual hours worked, shall be included in the contract unit price for Traffic Control Supervisor. The TCS's will be paid only for days the Contractor works, and as directed by the Engineer. On weekends and other days the Contractor is not working, the TCS will not be paid. Time spent maintaining signs on the weekends, holidays, bad weather days, and other days the Contractor does not work shall be included in the unit prices for the equipment. Time spent setting pp equipment, modifying equipment, maintaining equipment, and picking tip equipment shall be included in the unit prices for the equipment. All traffic control devices shall be placed under the supervision of a Traffic Control Supervisor. The Traffic Control Supervisor shall have up to date copies of the City of Fort Collins' "Work Area Traffic Control Handbook", and Part VI of the MUTCD, pertaining to traffic controls for street and highway construction, available at all times. METHOD OF MEASUREMENT Subsection 630.14 shall be revised as follows: Quantities to be measured for construction traffic control devices shall be the number of units of the various sizes and descriptions listed below: Construction Traffic Signs: Size A Signs - 0.01 to 9.00 Square Feet Size B Signs - 9.01 to 16.00 Square Feet "NO PARKING" Sign with Stand will be measured and paid for separately and not included in the item for Size A Signs. "NO PARKING" Sign with Stand shall consist of a metal sign attached to a device (stand) such as a Vertical Panel or Type I Barricade. The sign material and stand shall be approved by the Engineer. The sign material and stand will not be measured and paid for separately but shall be included in the Contract Unit Price for "NO PARKING" Sign with Stand. The cost for "NO PARKING" Sign with Stand shall include delivery, rental, setup, modification, maintenance, and pickup. "NO PARKING" signs must remain in place until the street is open to traffic The "NO PARKING" signs shall be in effect for one or two days only. Traffic channelizing devices consisting of vertical panel, cones, or drum channelizing devices will be measured by the unit. Barricade warning lights shall be measured and paid for separately if approved by the Engineer. Advance Warning Flashing or Sequencing Arrow Panels will be measured by the unit. The number of Traffic Control Supervisors shall be approved by the Engineer prior to each days work. The quantity to be measured for Traffic Control Supervisor will be the number of authorized days performed by the Traffic Control Supervisor or his approved representative. An authorized day shall be any clay, or portion of a day, authorized by the Engineer, that construction operation would require a Traffic Control Supervisor. "On Call" and project inspections on all other days will not be measured and paid for separately but shall be included in the work. ]'reject Specifications — Page 24 ol'28 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL The cost for setting up equipment, modifying equipment, maintaining equipment, and picking up equipment (not including "NO PARKING" Sign with Stand) during authorized days shall be included in the Contract Unit Price for Traffic Control Supervisor. If a TCS(s) is used for an authorized day, but not for the entire day, the TCS shall be paid at the Contract Unit Price for "Traffic Control Supervisor" at the per hour rate. The quantity to be measured for flagging will be the total number of hours that flagging is actually used as authorized. Hours of flagging in excess ofthose 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 homy will not be paid for under the terms of this contract unless authorized in writing by the Engineer. Flagger stand-by time will not be paid for under the terms of this contract. In locations where traffic control is set up and the work is not performed due to Contractor caused delays, the traffic control shall not be paid for under the terms of this contract. The costs for advance warning "NO PARKING" signs for periods in excess of 24 hours prior to the advancement of work, including those instances when said signs have been changed or otherwise updated to reflect current schedules, will not be paid for under the terms of this contract unless authorized by the Engineer in writing. In addition, the Owner shall deduct fi-om compensation due the Contractor $10.00 for each traffic control device per day for said conditions, including "NO PARKING" signs and any signs which are not removed from the site immediately upon completion of the work. BASIS OF PAYMENT Subsection 630.15 shall be revised as follows: The cost for Traffic Control Devices, not including "NO PARKING" Sign with Stand, shall include delivery, rental, and pickup. The cost for setting up equipment, modifying equipment, and maintaining equipment will be paid for under the Contract Unit Rice for TCS as described above. The cost for "NO PARKING" Sign with Stand shall include delivery, rental, setup, modification, maintenance, and pickup. Payment shall be full compensation for furnishing, erecting, maintaining, moving, removing and disposing of construction traffic control devices necessary to complete the work. All construction traffic control devices which are not permanently incorporated into the project will remain the property of the Contractor. The initial manufacturing will be paid for Specialty Signs per unit and the actual use paid for under the appropriate unit cost for Size A or Size B sign. This item shall apply to new signs only. Once manufactured, they may be used throughout the project. Upon completion of the work, the Specialty Signs shall be returned to the Contractor. Project Specifications— Page 25 of28 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 CONSTRUCTION ZONE TRAFFIC CONTROL The accepted quantities for the City of Fort Collins will be paid for at the contract unit price for each of the pay items listed below: Pay Item Unit 630.01 "NO PARKING" Sign with Stand Per Day Per Each 630-02 Vertical Panel without Light Per Day Per Each 630.03 Channelizing Drum Without Light Per Day Per Each 630.04 Type 1/1I Barricade without Light Per Day Per Each 630.05 Type III Barricade without Light Per Day Per Each 630.06 Size A Sign with Stand Per Day Per Each 630.07 Size B Sign with Stand Per Day Per Each 630.08 Size A Specialty Sign - Cost of Manufacturing Each 630.09 Size B Specialty Sign - Cost of Manufacturing Each 630.10 Cone with Reflective Strip Per Day Per Each 630.11 Safety Fence Per Day Per Roll 630.12 Light Per Day Per Each 630.13 Advance Warning Flashing or Sequencing Arrow Panel Per Day Per Each 630.14 Variable Message Board Per Day Per Each 630.15 Traffic Control Supervisor Per Day 630.16 Traffic Control Supervisor Per Hour 630.17 Flagging Per Each Per Hour Project Specifications — Page 26 of28 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES (Continued) Flagger hand signs will not be measured and paid for separately, but shall be included in the work. The flaggers shall be provided with electronic communication devices when required. These devices will not be measured and paid for separately, but shall be included in the work. The cost of batteries, electricity and/or fuel for all lighting or warning devices will not be paid for separately but will be considered subsidiary to the item. Sand bags will not be measured and paid for separately, but shall be included in the work. The Contractor may provide larger construction traffic signs than those typically used in accordance with the MUTCD, if approved; however, payment will be made for the typical panel size. The Owner shall not be responsible for any losses or damage due to theft or vandalism. Project Specifications — Page 27 of28 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES (Continued) SPECIAL CONDITIONS FOR WORK ON ARTERIALS AND COLLECTORS NOTE: CROSS STREET TRAFFIC SHALL BE MAINTAINED ATALLTIMES UNLESS AUTHORIZED BYTHE ENGINEER IN WRITING. NOTE: FULL CLOSURES ON ARTERIALS AND COLLECTORS, INCLUDWGTHOSELISTED ABOVE, WILL BE ALLOWED UNDER EXTREME CIRCUMSTANCES AND ONLY UPON APPROVAL OF THE ENGINEER. PLANS SHALL BE APPROVED A MINIMUM OF ONE WEEK PRIOR TO THE COMMENCEMENT OF WORK AND/OR THE TIME REQUIRED TO ADEQUATELY NOTIFY THE PUBLIC THROUGH THE MEDIA. SPECIAL CONDITIONS FOR WORK ON RESIDENTIAL STREETS NOTE: FULL CLOSURES ON ALL RESIDENTIAL STREETS SHALL BE ALLOWED AS SHOWN ON THE TRAFFIC CONTROL PLANS. Piroject Specifications — Page 28 of28 SECTION 02500 QUANTITY ESTIMATE STREET • •o COAL BANK DR FROM RED MOUNTAIN Dig TO WILLOW CREEK DR SQUARE YARDS 3740 COCHEIOPA CI RED MOUN'fA1,N DR EAS"I' END I725 CRIIEKSTONEDR REDMOUNTAINDR NELDS'I'ONEDR 5474 COCBARAS CT RED MOUNTAIN D12 IIA$'1' END 1703 JADES I"ONE C'I WEST END CREEKS "PONE DR 886 KENOSHA Cl RED MOUNTAIN DR PIKE: CIR SOUTH 1264 LITTLE BEAR CT WEST END WEPfERHORN DR 1392 MAROON CT NEST END WILLOW CREEK Dig 1643 MONARCH C'I' CREEKS "PONE DR SOU'I [I END 1370 PIKE CIR NOR Hi RED MOUNTAIN' DR PIKECIRSOU'Ili 1077 1'IKECIRSOUHl PIKE CIR NOR 'III RED MOUNTAIN DR 1791 RED CLOUD CT WEST IT'D WILLOW CREEK DR 1669 RED MOUN"PAIN CT WEST END WEfERHORN DR 2073 RED MOII\H'AIN DR COBI , BANK DR E. I10RSEI OOTII RD 10553 U'I'L CT 121iD MOUNTAIN DIi EAST END 898 WEfERHORN DR COAL BANK UR 1.1'RLE BEAR C"f 3642 WILLOW CREEK DR 12ED CLOl1D C'1' COAL BANKDR 5818 zmzzm�� CIIUKAR C'E CDS LARKBDNTING DR 46707 1081 GOSI AWAK DR LARKBUNTING DR "1OWIi EES'I' 4008 HUMMINGBIRD DR W.'IROUIIMAN PKY I-AIZIC13UN'I INC, DR 5041 LARKBUNI ING DR (INCLUDES 2 CDS) W. I IARMONY RD S'IARFLOWER DR 12219 OWLCI' CDS WARBLER DR 751 PIN'fCI' LA3KBUNTING DR CDS 1004 "I"OWHELS'f LARKBUN'IING DR GOSHAWKDR 3585 WARBLER DR IW."I'ROO I'MAN PKY ITOWIIEE S'I' 8183 mommimmmmmmm BRIARWOOD C'1' EAS"E END WEST IT'D 35872 573 BRIARWOOD RD NEND OFCDS W. MULBERRY S"f 5593 W. MAGNOLIA C'I' S. BRIARWOOD RD END 1191 W.OLIVE C'I S. 13RIARWOOD RD END 1170 WOODPORDCT S. BRIARWOOD RD END 1188 1 111 BRADBURYCI EASTEND WES'IEND 9705 3127 CEDARWOOD DR W. PROSPECT It[) W. LAKE S'I' 2170 CLEAiVIEW AV CYPRESS DR DEERFEILD DR 1824 DIiERIIELD DI2 CLEARVIEWAV W. LAKE S"f 3894 ELMOWDOD C'I' CDS W. LAKE S"f 1994 FLIN'IRIDGEPL EASI'END WES'fEND 3174 KNO"I WOOD CT W. LAKE ST CDS 915 LA REA'I I CI' W. LAKIi Sl' CDS 1221 S"IAD1UM Cl CDS VIRGINIA DALE DR 1362 TIMBER LN W. HLIZABE'I'N S'1' CLEARVIEWAV 4433 VIRGINIA DALE DR WILDWOOD RD PLE"ASANJ VALLEY RD 8419 W. LAKE S"f D13EP1211 D12 S. OVERLAND TR 9068 WELLS FARGO DR VIRGINIA DALE DR S. OVERLAND 'IR 2909 WILDWOOD Cl W. LAKE S'I' CDS 1190 WILDWOOD RD VIRGINIA DALL DR WESI'LAKE S"f 2635 WILLIAMSBURG C'1' CDS WILDWOOD RD 811 4903( Page 1 of 2 SECTION 02500 QUANTITY ESTIMATE 5'1'RE6'f APPALOOSA CI FROM NOR'I If END TO SOU 'I'II END SQUARE YARDS 4443 BLUR MESA AV COLONY Dig CDs 1861 COLONY DR W. SWALLOW Ito BLUE MESA AV 4632 COOP CT CDs W. SWALLOW RD 957 CONES I OGA Cl NOR 'Ili END SOUTH END 4107 CIIMBI RLAND C"P NOR) II END SOO I END 3700 PRON'I'IER CT CUMBERLANDCT CDs 1211 HOMCSTEADC"P COLONY DR CDs 1641 PLACER C'I CDS W. SWALLOW RD 2127 RUS'liC CI' NOR'I I I END soulI END 4099 LUN9 CR CDS SOUTH COLONY DR IN'IERSEC'I[ON' 6540 35318 Page 2 of 2 SECTION 03500 PROJECT MAPS Vicinity Map Dakota Ridge Woodwest Tenth Green W ildwood Larkborough Warren Park Vicinity Map w VVI ox w 835 Wood Street ' w a z Lincoln Center Mulberry Pool A Tenth Green �, i E c Ron4 50 d ai 2 Z, I � I K ro F E V NE UR I m INCOLN VE 6 Dakota Picicje 7, P -P 41 vAY cl� PRO I`P " M A ml '0- P. eI ja I . W A P OAbb KS v & RFD CLOUD c r Ow �,4& Wglm.'�RY' 1. w um vu ft an .of %mll gg MAROON c J"� ww�l zzz �ffie, -'am ­ej , ' -!� �M KRE BMT fell R C % 45, A 9 Ml MUM- -we 111-, 1 1 gw Pg e�w "'m� 11 Pe -1 1 - c f Pll A 1, O V "MI I, e, IP 4, v SAN Q-t j, 111 1. ' -le m0iW e)In x W. V, 9 ,HIP A JEWft5TORFCTI z W, e' ,eee, ml I h5p Woodwe5t 7o x _,E _14 k i ROCKY N WAY 11 61 c zo "M ­4 Al 4 ih 24� 54 R �7 Nh 3t RM. 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A, ­1 Ong 7 0, V Q 5, a 116-6 Poo A. w is Pq < 'l, , , w 'R S, lz jy Al any Y All,i'rITff Ilil 4zdIlll lqw W am q ilk pgMZ M'Al M'l _ MIll, kipi is lj 0 PUY I . . . . . . . . . . zzz: On .1 Say, LA SECTION 00610 PERFORMANCE BOND Bond No.929450209 KNOW ALL MEN BY THESE PRESENTS: that A-1 Ch.ipseal Company 1935 Snow Owl Drive Broomfield, Co 80020 (an '-lndii riadd--l), (ar-p"-tgi the "Principal" and p) (a Corporation), hereinafter referred 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 City of Fort Collins, 300 Laporte Ave, Fort Coll' Colorado Co.l.orado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER" _-- sum of in the penal Three Hundred Twenty Four Thou and 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 -arid made a part hereof for the performance of The City of Fort Collins project, 2008 Renewa1,6054 Asphalt Slurry Seal Project. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of. said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy a.11. claims and demands .i.ncurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. *84/100 ($324,012.84) 7/96 Section 00610 1?age 1 --------------------- �� Larkborough N n andr a ^a,s4 it ,,}� `` d?siw`s�° S. 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Sj-.3rv3 £ :i �..: r3 ,,.�., �...�.. s`,.'T, a"�, .? tn.arr t T. ✓r its, PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that. no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CON'I'RACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business .in the State of. Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall. be deemed an original, this$th day of April , 2008_. IN DSENCE OF: — — Principal A-11 Chnipseaj, Company Danbl GMmetta, Se4ietry men Vagher,Presid ('title) 1935 Snowy Owl Dr., Broomfield. CO 80020 (Address) — (Corporate Seal) IN PRESENCE OF: Other Partners By: IN P C R Mueller. Witness_ (Surety Seal) By: Surety Western Surety Company ar4en 4-1 to a rtorney-In-Fact ley-:10375 Park Meadows Dr., Littleton, CO 80123, (Address) 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 Bond No. 929450209 KNOW ALL MEN BY THESE PRESENTS: that A-1 Ch.ipseal Company 1935 Snow Owl Drive Broomfield, CO 80020 A_tifli+r dt3a1) (a-t}I�) (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 City of Fort Collins, 300 Laporte Ave., Fort Coll..i.ns, Colorado 80522 a — ---- _ (Municipal Corporation) hereinafter referred to as "the OWNER" sum of Thr , in the penal Hunslxgd_Twenty Four Thousand Twelve Dollars * in lawful money of the United States, for the payment of which sum well and trul.y 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 Pri.nc.ipal entered into a certain Agreement with the OWNER, dated the2nd day of April 200& a copy of which .i.s hereto attached and made a part hereof for the performance of The City of Fort Collins project, 2008 Renewa1,6054 Asphalt Slurry Seal Project. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performi.ng labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materi.a.l.s, .lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connecti.on with the construction of such Work, and all insurance premiums on said Work, and for all. .Labor, performed in such Work whether by subcontractor or otherwise, then this obl.i.gation shalt be void; otherwise to remain in full force and effect. *AND 84/100 ($324,012.84) 7/96 Section 00615 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that: the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 8thday of April 2008. IN P?F,,SENCE OF: Principal Principal A-1 Chipseal Company Danlel Gryzmala, Se wxy Ben Vapher, president (Title) -- 1935 Snowy Owl Dr Broomfield. CO 8002Q 'Corporate Seal) (Address) IN,PRPSENQG_OF: Other Partners IN PRES CE, Surety Western Sure y/ Company ByE ren A. egg d, Attorney-l'n-Fact° - C R Mueller. Witness -By: 10375 Park Meadows Dr. Littleton CO 80123 ' (Surety Seal) (Address) 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 0061.5 Page 2 '. Vestern Surety Coi . ,pany 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 its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seat 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 Attorney(s)-in-Fact 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 the 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 confined. 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 Ith day of December, 2007. 5F WESTERN SURETY COMPANY X„„...-- °oV �oavoggrr��s>� :5 -�j\SE A1�jp Paul . Brullat. Senior State of South Dakota l Jj ss County of Minnehaha On this I Ith day of December, 2007, before me personally came Paul T. BruOat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, 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 given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires +"1Lb""%'"..... ' S'+.... %''+ +' D. KRELL i November 30, 2012'+ SE L NOTARY PUBLICS L r + SOUTH DAKOTA +ve55�oaeaavw�,..yga�.ww�.es + CERTIFICATECERTIFICATED. Krell, No ary Public 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal o,fthesaidlaogtorati6w{his`,- 8th dayof April 2008 WESTERN SURETY COMPANY �ftlQ.POgy�\�a< �W4 F•is Ponn 174280-09-O6 ti L. Nelson, Assistant Secretary .• SPECIFICATIONS AND CONTRACT DOCUMENTS FOR 2008 RENEWAL 6054 ASPHALT SLURRY SEAL PROJECT City of Fort Collins APRIL 2008 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 7/96 Section 00630 Page 1 RCORD,,. CERTIFICA. OF LIABILITY INSUR. Dnvvv) r. _14CE 0DATE 4/10/018 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HRH of Colorado ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 720 South Colorado Boulevard HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Suite 600N ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. --- ----- Denver, CO 80246 INSURERS AFFORDING COVERAGE NAIC I# INSIIRED A-1 Company INSURER A: Mountain States Insurance Group 5900 INSURERS: Pinnacol Assurance 41190 Snowy 1935Snowy Owl Drive INSURER c:INSURER Broomfield, CO 80020 o: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW I'HSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 7DY1 —FO—LICYEFFECTIVE POLICY EXPIRATION LTR NSRr TYPE OF INSURANCE POLICY NUMBER DATE MMIDDIYY OATS MMIDDIYY LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LABILITY CPP010666203 10/01/07 10/01/08 EACH OCCURRENCE _ _ _511000,000 DAMAGE TO RENTED PREMISES Fa u $100 000 X CLAIMS MADE OCCUR UND24704102 BED EXP(Any one person) $10000 PERSONAL B AOV INJURY S1000000 GENERAL AGGREGATE s2 000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY a PRR& JECT LOG PRODUCTS - COMP/OP AGG s2000000 A AUTOMOBILE X LIABILITY ANY AUTO BAP0107666203 10/01/07 10/01/08 COMBINED SINGLE LIMIT (Eaaccident) s1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) S X HIREDAUTOS X WON -OWNED AUTOS BODILY INJURY (Per accident) S PROPERTY DAMAGE (Per accident) S _ GARAGELIABILITY AUTO ONLY - EA ACCIDENT 5 ANY AUTO OTHER THAN EA ACC S S AUTO ONLY: AGG A EXCESS/UMBRELLA LIABILITY X I OCCUR CLAIMS MADE UMB010666203 10/01/07 10/01/08 EACH OCCURRENCE S$,000000 AGGREGATE _ SS OOO OOO S DEDUCTIBLE X RETENTION $10000 - 5 S B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 4055760 10/01/07 10/01/08 X WC STATU- OTH- T Y I B E E.L. EACH ACCIDFNI s500,000 ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? IT yes, tlesuibe undIOer Officers Included E.L. DISEASE - EA EMPLOYEE S500,000 E.L. DISEASE -POLICY LIMIT s500,000 SPECIAL PROVISNS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Project Description: 6054 Asphalt Slurry Seal Project 2008 The following are Additional Insureds as respects General Liability and Umbrella Liability only if required by written contract (See Attached Descriptions) City of Fort Collins 300 La Porte Fort Collins, CO 80522 LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUI NO I NSURER WILL ENDEAVOR TO MAIL sn* DAYSWRITTEN 'E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR �, .. ++v.+wwvanvl000T or SPRAT 0 AGURD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. i a vio Ro000404IM000/01 DEL -RIPTIONS (Continued from R - e 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 (2001/08) 3 of 3 #S580462/M553767 P cGTJ0N II - WHO IS AAi IiuSURE, I I . If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and thair spouses are also insureds, but only'with respect to the conduct of your business. c. A limited liability' company, you are an insured. Your members are also insureds, but Only with respect to the . conduct of your business. Your managers are insureds, but only with respect to their duties as your managers, d. An organization other than a partnership, joint venture or limited Iiability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your afficars or direntors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an- insured. Your trustees are also Insureds, but only with respect to their duties as trustees. 2. Each of the following is also art insured: a. Your "volunteer workers"only while performing duties related to the conduct of your business, or your employees, other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts Within the scope of ifieir,employmeni by..you,,_including L'endaring_Ttrstaid..in_an. emergenoy... Hoaever none oFthese-employees Or "volunteer workers" are insureds for; (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), a co -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 dut es related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of 'that co -employee as a consequence of Paragraph M(a) above; {c} For which there is any obligation to share damages with. or repay someone else who must pay. damages because of the Injury desdribed it Paragraph'(1}(a}'or {[;}'above. (2) "Property damgga" to property: {a)' Owned, occupied or used by; (bi Rented to, in the care, custody or control of, or over which physical control is being exercised for any Purpose by you, any of your employees, "volunteer workers", any partner or member (if you are a Partnership or joint venture), or any member (if you are a limited liability company), b..Any person (other than your employee or "volunteer worker"), or any organization while acting as your real estate manager. a. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability resulting from the maintenance or use of that property; and (2) Until your legs[ representative has been appointed. d. Your legal representative if you die, but Only with respect to duties as such. That representative twill have all your rights and duties under this Coverage Part. 3. with respect to "mobile equipment" registered in your name under any motor vehicle registration law, any parson a is n insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability resulting from the operation of the equipment, and only if no other insurance of any kind is available to that person ar crganization for this liability. However, no person or organization is an insured with respect to: a, "Bodily injury" to a co -employee of the person driving the equipment; or . r�,..,rty y„ �� prcpe, �y'•vvJ{i=v ,.. y, tan i�..i. iv, ii, t,ic GilaFye GTG upiers 15y you Of ti"3e 'e[npitiyer oT any person who is an insured' under this provision, UND 247 04 02 Page 9 of 'Is a. Coverage under this p.'cvision is afro, dad only until the I80th day of ter you acquire or form the organization or the end of the policy period hicheveris earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired of -formed the organization; and c. Coverage R does not apply to "personal and advertising injury" resulting from an offense committed before you acquired ,,"formed 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 policy is an insured, but only with respect to liability resulting from., 'a. "Your work' for that insured by you; b, Permits issued by state or political subdivisions'.for operations performed by you; or D- Premisss you own, rent, occupy or use, This provision does not apply Unless the written contract or agreement has been executed, or the permit has been issued, prior to the "bodily injury", "property damage", or "personal and advertising injury". This provision does not apply to any person or organization for "your products", The ADDITIONAL INSURED - VENDORS endorsement must be attached to the policy to provide coverage for "Your 'products". No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited Itabilj_y_company that is nay s[�own as a Name¢ Insured in rhe_Deelarat ons., _ . _ _ _ SECTION III - LIMITS OF INSURANCE I. The Limits of Insurance shown In the Declarations and the rules below fix the most we will pay regardless of the number of.• a. Insureds; b. Ciaims made or "suits" brought; or c. Persgns or organizations making claims or bringing "suits", d. Parsons 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 of; a. Medical expenses under Coverage C; In. Damages under Coverage,A, except damages because Of "bodily injury" or "property damage" included in the "products -completed operations hazard"; and . Dernages undar 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 "produots-complated operations hazard". 4. Subject to 2. above, the Personal and Advartising ,Injury Limit is the most we will pay under Coverage 6 for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Subject to 2. or 3, above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of. a. barrages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" resulting from any one "occurrence", 6. Subject to 5. above, the Damage To Premises Rented To You limit is the most we will pay under Coverage A for damages because of "propeny damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of,the owner_ UND 247 04 02 Page 10 of 16 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 2008 Renewal, Slurry Seal Project PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: CONTRACT DATE: 6054 Asphalt The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. M CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER REMARKS: 7/96 AUTHORIZED REPRESENTATIVE DATE Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: A-1 Chipseal 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 as Final Payment for all Work Documents which are dated the amount of $ done, subject to the terms 20 the Contract In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: 20 Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: 7/96 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: A-1 Chipseal Company (CONTRACTOR) PROJECT: 2008 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 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the 7/96 Section 00650 Page 1 OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of 20 CONTRACTOR A-1 Chipseal Company 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 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 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 Slurry Seal Project CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , (Surety Company) 0 ATTACH: Power of Attorney and Certificate of Authority of Attorneys) -in - Fact. 7/96 Section 00660 Page 1 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE OR 0172 (121o6) w COLORADO DEPARTMENT OF REVENUE oENRJ V232 ECOCO602G1 CONTRACTOR APPLICATION DEN ERR iG FOR EXEMPTION CERTIFICATE Pursuantto Statute Section 39 26.114(1)(a)(XIX) us 11Ach The exemption certificate for which you are applying must be used only for the purpose of purchasing construct ion and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental ofequipmern, supplies, and materials which are purchased, rented, of consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works =tied and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation ofyour exemption certificate and other penalties provided by law. A separate certificate is required for eac If contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue, It is the responsibility of the prime contractor to issue certificatesto eachofthe subcontractors (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED- Rgla`aaoNAccotde No. to be asrl0d by DM Pe.d 89 - 0170.750 (999) $0.00 CONTRACTOR INFORMATION Trade name/UBA ner, P ner, or cornoraie game. Mating address( ipq Slate, ip)' onlacl arson -Naha dress Federal Employer's ldenti cation Number amount for your contracL. P° @W aysmoss ieloDhono inmDor �o ora ovnt yo mB hs amount nnm e EXEMPTION INFORMATION Copies of con actor agreementpagee (1) identifying the contracting parties ag E .. land (2) oonta signatures of contracting parties must be attached. Name of exempt organization (as shown on confide() Exdmptorganizibon s number 98 - Address o exemp10Tan¢a,on lly, tale, Ip) Principal contact at exempt organization Principal contact's telephone number' Physical location or prorecl site (glue NUUW address amen applicable and Was and County (ids) where project Is locatetl) S�M1seduletl ell ay ear tmclon statl dale'. EstimeioU wt1 ay wmDlolicn date ear 1 declare tinder penalty of perjury in the second degree that the statements made in This application are true and complete to the best of my knowledge, signalureotovmer, parner or corporateo Icer Nee corporateo mar D ate O NOT WRITE BELOW THIS LINE Section 00670 Page 1 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 exem ption to subcontractors. Only prime contrac- tors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89f# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89- 12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeed- ing numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. Section 00670 Page 2 SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OP 'CHE CONSTRUCTION CONTRACT prepared by the Engineers .ioint Contract Documents Committee, EJCDC No, 1910-8 (1990 F(lition), as a base. Changes to that document are shown by underlining text that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number & Title TA13LE OF CONTENTS OF GENERAL, CONDITIONS Page Article or Paragraph Number Number'fitle 1.1 Addenda.................................._._......1 1.2 Agreement ........ ....................... _....._ 1 1.3 Application for Payment.......... _...__...1 1.4 Asbestos......._.,.._ ..............................1 L5Bid ......................_......... 1.6 _.........._... Bidding Drown ents.,,,,„.. _....... _..........1 _.1 1.7 Bidding Requirem cnts.,........ ............7 1.8 Bonds._ ............................. 19 _......__.....1 Change Order.._.........._......................1 1,10 Contract Documents..,.,., ... ....... 1.11 Contract Price......_... _...................._..1 ... 1.12 Contract Tim es_ ..............._.. 1.13 _. _, CONTRACTOR..................................1 _,._...1 L14 de,fective.........................._..............._i 1.15 Dr.raving..s............................................1 1.16 Effective Date of the Agreement..,.,,,,,.. 1 1.17 ENGINEE12............_........... 1 1.18 .... .. l,"NGINEER'S Consultant ..................._.l 1.19 Field Order_ ..................... _.. _............1 120 General Requirements ... ...................... 2 121 Hazardous Waste.......................2 1.22.11 Laws and Regulations; La1vs to Regulations ..... ............... ..................2 1.22.b Legal Holidays._ 1.23 _........ _...........2 Liens_...............................................� 1.24 Milestone............................................� 1.25 Notice of Award.,,.,,,.., 1.26 Notice to Pr oceed..,.,,,._....................._2 1.27 OWNER .............................._ 2 1,28 .............. Partial Utilization,,,__.__ 129 ...................2 PCBs 130 Petroleum..........................._.........._..2 1.31 Project ......... .......... ....... 132.a .......... ...........2 Radioactive Material,,,,,, _....................2 1.32.b Regular Working Hours .... ..... ....... 2 1.33 Resident Project Representative„..,. ....... _....2 1.34 Samples ...... .............. ......................... 2 1.35 Shop Drawings ....... 1.36 ............................2 Specifications......._ .........................._ 2 1.37 Subcontractor.,...._..._..... 1.38 _.................2 Substantial Completion 2 1.39 ....................... Supplementary Conditions„ 1.40 .................2 Supplier ..................... 1.41 .............. ....... Underground .......2-3 ....2 1,42 Unit PriceWork., ... ...............................3 1.43 Work..................................................3 1.44 Work Change Directive...,,,,. _.,......__..3 1.45 Written Amendment ................... I........3 Page Number 2. PRELIAINARY MATTERS _.___............__._.. 3 2.1 Delivery of Bonds ........................ .. 3 2.2 Copies of Documents....._............_...? 2.3 Commencement of Contract 'Times; Notice to Procced.............. 3 2.4 San Ling the Work .................. 2.5-2.7 Before Starting Construction; CONITPACTOR's Responsibility to Report; Preliminary Schedllcs; Delivery of Certificates of Insurance 3-4 2.8 Preconstruction Conference 4 2.9 Initially Acceptable Schedules ... 4 CONTRACT DOCUMENTS: INTENT AMENDING, REUSE ............................._..........A 3.1-3.2 Intent......... _......... _....................... A 3.3 Reference to Standards and Speci- fications of Technical Societies; Reporting and Resolving Dis- crepancies ................................. 4-5 3.4 Intent of Certain Terms or Adjectives............................ 3.5 Pan ending Contract Doctor cuts ...... _...5 _.5 3.6 Supplementing Contract Documents................. 5 3.7 Reuse of Documents.,,,.._,...,.,, .. 5 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS ....._..._.,....._.........._........5 4.1 Availability of Lands,.,,,., ............. 5-6 4.2 Subsurface and Physical Conditions...... _.............. _............6 4.21 Reports and Drawings..._..............._6 4.2.2 Limited Reliance by CONTRAC- TOR Authorized; Technical Data................. _.............. _.........6 4,2.3 Notice of Differing Subsurface or Physical Conditions., ................ 6 4.2.4 ENGINEER's Review.................__,.6 4.2.5 Possible Contract Documents Change, ..... ..... -.. _..... ........,.6 4.2.6 Possible Price and Times Adjustments....... _..................... 64 4.3 Physical Conditions --Underground Facilities...... _........................ _..... 7 4.3.1 Shown or Indicated ........................... 7 4.3.2 Not Shown or Indicated ..............._„7 4A Reference points..,... LJCDC GENERAL CONDITIONS 1910-3 (1990 EDITION tv/ CT1Y OF FORT COLLIN'S MODIFICATION'S (REV 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum, Hazaardous Waste or Radioactive Material 7-8 ..................... BONDS AND INSURAN'C):i ............. 5.1-5.2 Performance, Payment and Other Bonds...................... _........__...... _.. S 53 Licensed Sureties mid Insurers; Certificates of Insurance 5.4 CONTRACT OR!s Liability Insurance 9 5.5 OWNER Liabi Iity lnsurarice ,,,,,,,,,,,,,,9 5.6 Property Insurance .......................... 9-10 5.7 Boiler and Machinery or Addi- tional Properly Insurance,,,,,,,,,_,,. 10 S.S Notice of Cancellation Provision 10 59 CONTRACTOR's Responsibility for Deductible Amounts...,,,,._......,,,,30 5.10 Other Special Insurance,,,,_ ............._ 10 5,11 Waiver of Rights.... _........... ............... 11 5A2-5.13 Receiptand Application of Insurance Proceeds 10-I1 5.14 Acceptance of Boards and Insur- ance; Option to Replace.- .................1 5.15 Partial Utilization--A'operty Insurance..._ ................................._ 11 CON'TRAC'TOR'S RESPONSIBILITIES Il 6.1-6.2 Supervision and Superintendence 11 6.3-6.5 Labor, Materials and Equipment,.. 11-12 6.6 Progress Schedule .............................. 12 6.7 Substitutes and "Or -Equal" Items; CONTRACTOR's Expense; Substitute Construction Methods or Procedures; ENGINFER's Fvaluation ............. 12-13 6.5-6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights ....................... _ 13-14 6A2 Patent Fees and Royalties .............. .. 14 6,13 Permits, I ....... ,. .. _.......... 14 6.14 Laws and Regulations........................ 14 6A5 Taxes........_ .................._............. 14-15 6AC Use of Premises ..................._............ 15 6.17 Site Cleanliness ................ .......... ..... 15 6.18 Safe Structural Loading,,,, I5 6,19 Record Documents..............._.,......,,,,15 6.20 Safety and Protection ..... _........... .15-16 6.21 Safely Representative ......................... 16 6.22 Hazard Communication Programs 16 6,23 Eniemencies..... -..... 16 6.24 Shop Drawings and Samples. .............. 16 6.25 Submittal Proceedures; CON- TRACTOR's Review Prior to Shop Drawing or Sample Submittal...... _............................16 626 Shop Drawing & Sample Submit- tals Review by ENGINEER.... 16-17 6.27 Responsibility for Variations From Contract Documents ............ 17 6,25 Relayed Work Performed Prior to ENGINEER's Review and Approval of Required Submittals _......... _.........._. 17 6,29 Continuing the Work,,,,,_ .............. 17 630 CONTRACTOR's General Warranty and Guarantee...............17 6.31-6.33 Indemnification ............. 17-15 6.34 Survival of Obligations...,,,.,_._...... IS 7. OTHER WORK......._ ................._......... _.......... 15 7.1-7.3 Related Work at. Site,,,,,,,,,,,,,,,,,15 7.4 Coordination. _...... . IS S. OWNER'S RESPONSIBILITIES .,,...,.... IS 8.1 Communications to CON - 'TRACTOR .... _......... _..... _... _.... is &2 Replacement of ENGINEER...,........IS 8.3 For Data andPay Promptly When Due ...... _..... _... _.......... 18 8.4 Lands and Easements; Reports and Tests_.._..._ ................. _.75-79 8.5 Insurance 19 8.6 Change Orders,., ........... ...... _19 8.7 Inspections, Tests and Approvals _................ _...............19 8.8 Stop or Suspend Work; Terminate CONTRACTOR's Services _ _.. _................. _........... 19 8.9 Limitations on OWNER'S Responsibilities....... _ _.... _........ _19 8,10 .Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material,.,................. 19 5.11 Evidence of Financial Arrangements ................... ................. 19 ENGINETI2'S STATUS DURING CONSTRUC'TION....... _............. _.............. _.....19 9.1 OWNER's Representative ............... 19 9.2 Visits to Site......,.,__.....................19 93 Project Representative ................ 19-21 9.4 Clarifications and Interpre- tations .......... ........ ................ 21 9.5 !-Authorized Variations in WSrk 21 L)CDC GENERAL CONDI"rIONS 1910-8 ()990 EDITION e'/ CI IY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Page Article or Paragraph page Number&'Title Number Number &Title Number 9.6 Rejecting Defective Work ..................21 13.8-13.9 Uncovering Work atENGl- 9.7-9.9 Shop Drawings, Change Orders NEER's Request ..................... 27-28 and Payments,...„.. ...21 1 3,10 OWNER May Stop the Work 28 9,10 Determinations for Unit Prices....._21-22 13.11 .... Correction or Removal of ,..... 9.11-9.12 Decisions on Disputes; ENGI- Disputes; Defective W- ,SR as Initial Interprete4............. 22 Period 28 9.13 Limitations on ENGINEER'S U.13 ................ Acceptance of Defective Work......... 28 Authority and Responsibilities.... 22-23 13.14 OWNER May Correct Defective CILANGES IN THE WORK ....................................... L3 Work....... _........ _... _......... _.. 28-29 10.1 OWNER'S Ordered Change.. .......... 23 74. PAYMENTS TO CONTRACTOR AND 102 Claim for Adjushn en( ....................... 23 COMPLETION 29 �� Work Not Required by Contract 14.1 .............................. ,,,.,., Schedule of Values Documents......... ..............-......__.. 23 14.2 ,,,,29 Application for Progress ,_........ 10.4 Change Orders,,,,,_........_.__.,..23 Payment.... 29 10.5 Notification of Sureq;_...................... 23 74.3 CONTRFlCTOR's Warranty of tle CHAN1'i U s 01> CONTRACT PRICE .....,,,,_.._.......„_.,..23 14.4-14.7 ... .. _........ I..... ......1. Review of Applications for 11.1-11.3 Contract Price; Claim for Progress Payments,.,.,_.....,,, 29-30 Adjustment; Value of 14.8-14.9 Substantial Complet. ion.,.,..,..,_, �,., 30 the Work ................. 23-24 14.10 Partial Utilization 1.4 Cost of the Work ..... ,..,, ...,, 24-25 14.11 .„30-31 final Lsspection 1 LS Exclusions to Cost of the Work.......... .. 25 14.12 Final Application for Payment 31 11.6 CONTRACTOR'S Fee ............... ....._ 25 14.13-14.14 Final Payment and Acceptance .. 31 11.7 Cost Records .............. ........_.........-. i5- 26 14.15 1,i• Waiver of Claims...... 11.8 Cash Allowances 26 I...............31-32 11.9 Unit Price Work-...... I ................... 26 U. SUSPENSION OF WORK AND TER1,41NATIONCHAN 0 GE OF CONTRACT IIMESustine _.... ..,.,,... 26 75.1 ,,..,._. OWNER May Suspend Wort 32 12.1 ClaTime foteEssn eat.....,,_..__....,,,.... 26 15.2-15.4 OWNER May Terminate .... 3a 12.2 Time of the Essence........ 26 15.5 CONTRACTOR Nkiy Stop 12.3 Delays Beyond CONTRACT OR's Work or-Tormin;de..,..__...,..., 32-33 Control ................_......_...._...... 26 27 12.4 Delays Beyond OWNER'S and 16. DISPUTE RESOLUTION--, 33 CONTRACTOR's Control, .... ,,..„... 27 ... 17, MISCELLANEOUS 3 3, TESTS AND ' INSPECTIONS; CORRECTION, 17.1 Giving Notice....................... 33 .REMOVAL OR ACCEPTANCE OF 172 s......... Computation of Times DEREC7717@ WORK .._.......27 17.3 ................ Notice of Claim ,.._33 33 131 Notice of Defeus .........,„.27 17.4 Cumulative Remedies 13.2 Access to the Work .........................._ 27 17.5 .........,_.._..._,.33 Professional Fees and Court 13.3 Tests and Inspections; Costs Included 33 CONTRACTOR'S Cooperation.,,,.,,,, 27 126 ............................ Applicable State Laws._...... 33-34 13.4 OWNER's Responsibilities; 1 Intentionally left blank........ Independent Testing Laboratory 7 ................... ... .............35 13.5 ....... CONTRACTOR's EXI-IIBI'T GC -A: (Optional) Responsibilities .......... . ...... _.........27 Dispute Resolution Agreement,.,...,,._........,,, GC Al 13.6-13.7 Covering Work Prior to ]nspec 16.1-16.6 Arbitration,.,, GC -Al tlon,'Tenting or Approval .................27 16.7 ......... Mediation .-- ..,,,.,,..,..,..,,...._...._,. (iC-A7 IDCDC GENERAL CONDITIONS 1910-s (199a EDI'r10N) w/ LTIY OF FORT COLLINS MODIFICATIONS (REV 9/99) INDEX TO GENERAL CONDITIONS City of Port Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of - Bonds and Insurance ........................ ....___. 5.14 defective Work ....... ............. 10.4.1, 13.5, 13.13 final payment._......_ ................._.......... 9.12, 14.15 insurance ,,....... 5.14 other Work, by CONTRACT.OR......................... 7.3 Substitutes and "Or -Equal" Items____,_ ... .... 67.1 Work by OWNER__..._.__........ _._... 2.5, 630, 6.34 Access to the -- Lands. OWNER and CONTRACTOR responsibilities 4.1 site, related Work 7.2 ............................................... Work . ............ ...... ............ .......... 13.2, 13.14, 14.9 Acts or Omissions--, Acts and Omissions-- CONTRACTOR...................................6.9.1, 9.13.3 ENGINEFR.......................................... 6,20, 9.13.3 OWNER................. _..................... _... _.... C.20, 9.9 Addenda --definition of (also see definition of Specifications)_ ..... (1.6, 1.10, 6,19), L1 Additional Property Insurances . ........_..._....., 5.7 Adjustments_ Contract Price or Contract Times,.,_ ...................... 15, 3.5, 4,1, 4.32, 4.5.2, ............................. 4. 5.3 9.4, 9.5, 10.2-1 O.4, ._................__..............,... 11, 12, 14.5, 15.1 progress schedule. _................... _....., 6.6 Agreement -- definition of. "All -Risk" Insurance, policyfonn ........ ,................ ,,5.6.2 Allowances, Cash ............. .11.2 Amending Contract Documents .... ....... .....__............ 3.5 Amendment, Written -- in general................1. 10, 1.45, 3.5, 5.10, 5,12, 6,6.2 _.... I... I.,._.......... 6. 8.2, 6,19, 10. 1, 10A, 11.2 Appeal, OWNER .............................. or CONTRACTOROR 12.1, 13.12.2, 14.7.2 intent to ...... I ... ...... 19.10, 9.11, 10.4, 1&2, 16.5 Application for Payment -- definition of...._ ................... _......._................... 1,3 ENGINEER'S Responsibility ............. ....... _......9.9 final payment.,.,.,..... _.,.. 9,13.4, 9,13.5, 14.12-14,15 in general _ ...... ....... _. 2.8, 2.9, 5.6.4, 9,10, 15.5 progress payment.............._......................14.1-14.7 review of ,;14,4-14.7 Arbitrntion._.._..................._..._........._...._,.,16.1-16.6 Asbestos-- clainJ s pursuant thereto .................... ........ 4.5.2, 4.5.3 CONTRACTOR authorized to stop Work .... 4.5.2 definition. of .................. ......... _._.......... ..... 1..4 Article or Paragraph Number OWNER responsibility for ............................ 4,5.1, 8Ao possible price and times change-. ...... .- ........... 4.5.2 Authorized Variations in Work...,,.. 3 6, 6,25, 6.27, 9.5 Availability of Lands ....... ........ ............... .... _. 4.1, SA Award, Notice of--defined ,_.,_,...1.25 Before Starting Construction . _........ .............._.., 2.5-2. S Bid --definition o(... 1.5 (1.1, 1. 10, 2.3, 33, ...._............_._. 4.2.6.4, 6. 13, 11.4.3, 11.9.1) Bidding Documents --definition of ._...... 1. 6(6.8.2) Bidding Requirements --definition of.._................._.......,1.7(1.1, 42.6.2) Bonds -- acceptance of ........ ........... .......................... .......:5.14 additional bonds ............._...,............... 10.5, 11.4.5.9 Cost of the Work. _.............. _. _..,11,.5A definition of......_. ........... ................. ..,__1.8 del ivcry of .............. _.................... _............. 2.1, 5.1 final Application for Payment.,,.,......_.,, 14.12-14,14 general ............ ................ .......... 1. 10, 5.1-5.3, 513, ........................................ 9,13, 10.5, 14.7.6 Performance, Payment and Other .................. 5.1-5.2 Bonds and Insurance --in general.... 5 Builder's risk "all-risk" policy form ,........... ,........... 5.6.2 Cancellation Provisions, Insurance,.,,.... 5.4.11, 5.8, 5.15 Cash Allowances ...I LS Certificate of Substantial Completion ..,..... 1.38, 6.30.23, ........................ _........._...... ....,..14.5, 14.10 Certificates of Inspection,,..__..,,,,.__ 9,13.4, 13.5, 14.12 Certificates of ]nsurance....... 2.7, 5.3, SAA 1, 5.4,13, ........................ 6.5, 5.8, 5,14, 9.13A, 14.12 Change in Contract Price -- Cash Allowances..._........_ ................._...... _.... 1 LS claim for price adjustment...,,,_.....4A, 4.2A 4.5, 5,15, 6.8.2, 9.4 ......_........... 9.5, 211, 10.2, 10.5, 11.1 13.9, ....._..... I.,.._.... 13.13, 13.14, 14.7, 15.1, 15.5 CONTRACTOR'S fee.........................................71.6 Cost of the Work general.... _... _._ _ _......... _... _.. . ....... 11.4-11.7 Exclusions to- .......................... Cost Records........ _........... _................. _.... 11.7 in general ............. 1, 19, 1.44, 9,11, 10.4.2, 10.4.3, 11 Lump Stan Pricing ....................................... _11 32 Notification of Surely................................ _.....105 Scope of ............................................. _..... 10.3,10.4 Testing and Inspection, Uncovering the Work .... ...... ... .............. ,.... 13.9 13JCDC GENERAL CONDITIONS 1910-5 (1990 EDI7TON) W CIT4 OF FORT COLLINS MODIFICATIONS (REV 9/99) Unit Price Work ........................................ _.11.9 Article or Paragraph Number Value ofWork............__._....._...._._.... _......... 11.3 Change in Contract Times - Claim for times adjustment,,,.,... 4.1, 4.2.6, 45, 5.15, ......,...,. 6.8.2, 9A, 9.5, 9.11, 102, 10.5, 12.1, ...1........ 1..139, 13.13, 13.14, 14,7, 15.1, 15.5 Contractual timelimits ..,....._.............__.......... 12.2 Delays beyond CONTRACTOR's control.._.._ ....................... _. _................12.3 Delays beyond OWNER's and CONTRACTOR'S control _............... _,.,.,.._ LoA Notification of surety M5 Scope of change .............. ........... .......... _... 10.3-10.4 Change Orders -- Acceptance of'Dejective Work ... .................. 13.13 Amending Contract Documents ............... _.......,, 3.5 Cash Allowances ................................... _......._ 11.5 Change of Contract Price ............................. 11 Change of Contract Tires..., _,. _........... _ _...._.. _ 12 Changes in the Wort:._._.......... _._.........__.___ 10 CON'I'12ACTOR'.s fee._......_.... . _._...11.6 Cost of the Work,,,,,,,,,,,,,,,,,,,,,,,_....._,.,,,.,,11.4-11:7 Cost Records .................................................... 11.7 definition of ... ,.-..._ emergencies ..................... _............ _.. _........... 6,23 EN(iINE1R's responsibility.,..„9.8, 10.4, 11.2, 12-1 execution oQ_....... .......................... .............. 10A Indemnifiction .................. _.,._6.12, 6.16, 6.31-633 Insurance, Bonds and,__..,.,..,,, 5,10, 5.13, 10.5 OWA93R may terminate, ........... ............. IJ 5.1-15.4 OWNER's Responsibility ....... .._. ............... . 5.6, 10A Physical Conditions -- Subsurface and, . . ...... . . _.. _............... _.4.2 Underground Facilities--._ ..................... 4. 3.2 Record Docum ents........,,,. _..... _..... _..._........ C>. 19 Scope of Change........... _.............. _... _....,10.3-10.4 Substitutes ....................... _....................6.73, 6.83 Unit PrWo rk ork. .,,,,..., 11.9 value of Work, covered by ...... .......................... 113 Changes in the Wort:.................................................10 Notification of surety ... .......... _......................... 10.5 OWNER's and CONTRACTORRs responsibilities .......................................... . 10.4 Right to an adjustment ........ .............. ......... ....... 10.2 Scope of change.......................................10 3-10.4 Claims -- against CON '1'RAC'f OR. .......... .......................6.16 against ENGINEER ..................... ........ 6.32 against OWNER .................... b. 6.92 Change of Contract Price ...... _.,................... .4, 11.2 Change of Contract Tim es ................ ........ 9.4, 12.1 CONTRACLOR's.............41 7.1, 9.4, 9.5, 9.11, 10.2, ...........................11.2, 11.9, 12.1, 139, 14.5, ......,___............ _.......... .._..15.1, 15.5, 17.3 CON'I RACTOR2 s Fee .. _ _............. 11.6 hrtiele or Paragraph Number CONTRACTOR'.s liability....,.,.,. SA, 6.12, 6.16, 6,31 Cost of the Work........... _...... _..................IIA. 11.5 Decisions on Disputes,.. ............................ 9-11, 9.12 Dispute Resolution ................................... _.. _...16.1 Dispute Resolution Agreement .................... 16.1-16.6 ENGINEER as initial interprelor, ....................... 9.11 Lump Sian Pricing, ............. ..._............. ..._IL32 Notice oC..__.....__..... .__.....,..._.................. ... 17.3 OWNER's.... ................ .4, 9.5, 9,11, 10.2, 11.2, 11.9 ._....... I— _.......12.1, 13.9, 13.13, 13.14, 17.3 OWNER's liability .............. _.....,... _... _.........,.... 5.5 OWNER may refuse to make Payment ................ 14.7 Professional Pees and Court Costs Included.......... _........... _.......... _ ............. _. 1.7.5 request for formal decision on.. _. _... 9.11 Substitute Ite1115......._._............_.........,._...... 6.7. 1.2 Time Extension ....................._...... ................. ...12.1 Tim o requirem ents_............... _.._........._..9.11, 12.1 Unit Price Work....__........ _. _.. _... _.__. _... _. 11. 9.3 Value of _._... ........ ............ _...__.... _. 1.13 Waiver of --on Final Payment ................. 14.14, 14.15 Work Change Dii ecti ve..,..,„ __........10.2 written notice required ......................9.11, 11.2, 12.1 Clarifications and Interpretations........_.. 3.6.3, 9.4, 9.11 (',lean Site ...._.._ .......................__........ _.............6.17 Codes of Technical Society, Organization or Association.........._..._ .......................... 3.3.3 Commencement of Contract Times ............. _. _. 23 ............... Communications -- general .__.__. ... 6.1 6.9.2, 8.1 Hazard Communication Programs ...... ..... , _ ....6.22 - Completion-- Final Application for Payment..,.,_ .................. 14.12 Fina I Inspection ............. _........I—,................... 14,11 Final Payment and Acceptance ............... 14.13-14.14 Partial Utilization ................................_.._...... 14.10 Substantial Completion, ..................... 1,35, 14.3-14.9 Waiver of Claims.._........._.._............_...... _... 14.15 Computation of Times ........................ ....... 17.2.1-17.2 2 Concerning Subcontractors, Suppliers and Others........___.,......._............__........ 6.5-6.11 Conferences -- initially acceptable schedules, 2�9 preconstruction .___........................2.8 Conflict, Error, Ambiguity, Discrepancy-- CON'1RAC'I'OR to Report.,,.,,,,_ ................ 15, 3.3.2 Construction, before starting by CONTR.ACTOR.......... _.__....__......._......._ 2.5-2.7 Construction Machinery, l quipment, etc,..,,,..,. Continuing the Work .... ...._...._................... .. 6,29, 10.4 Contract Documents -- Amending. . ....... _ _..... _....... _.. _........................5 Bonds......................__......_..__......,........... _. j.l ICCDC GENH16V. CONDI'fIONS 1910-5 0990 EDITION) W/C"FY OP PORT COLLINS h10DIFICA110NS (REV 9/99) W-I O O N O O O W M O O p O O O O O Vl O O O O EA) 69 O� °� O� G9 69 69 .-• N boo W O O h�r EA 67 (fi H-3 69 G9 � 9 6M7 CD H U z N N M V O O O O O O CD Fy � N N N N N N �O O W W W W W W W i ro a a a a a Z v aL. w w w w v ' w w cli a w a a a a a p b0 Q � aU � ro a o 0 F a .aa .-0 7 aroi py bn � Cl) co U Y y .^.OD op CL btb CL a H Cl) GID t� o 0 o vi 0 0 O mmm r r-9 Cash Allowances.... _............ _.................... _...,1 I,N Article or Paragraph Number Change of Contract Price Change of Contract Times... ............. 12 Changes in the Work" ... ..... .,,......... ......... 10.4-10S check and verify_ ....... .................... .................... 25 Clarifications and Interpretations ......................... 3.2, 3.6, 9.4, 9.11 definition of __..._........... _... _._........._..._.,__1. 10 ENGNEER as initial interpreter of..,... _.... ,... ,_9. 11 ENGINEER as OWNER's representative.............9.1 generel3 Insurance.......... _....... _............... _.............. _...,,5.3 Intent 3 134 minor variations in the Work .................._......... 3.6 OWNER's responsibility to flunish data...............8.3 OWNER's responsibility to make prompt Payment ..........................83, 14.4, 14.13 precedence .. ............. .............. .................,3.1, 3.3.3 Record Documents. ....................... _,...,619 Reference to Standards and Specifications of Technical Societies,,,,,,,,, ,_.,.,. 33 Related Work ................. ..................................... 72 Reporting and Resolving Discrepancies._.,.,, 2.5. 33 Reuseof ........................................................ 3.7 Supplementing.................................................. 3.6 Termination of ENGINEER'S Employinent..,,.,_.. 83 Unit Price Work.......__....................................119 variations .......................................... 3.6, 6,23, 6.27 Visits to Site, ENGINEERs__._.... ,,,,._...... ,.___. 9,2 Contract Rice-- adlusunent of, ....... ,...... , 3.5, 4,1, 9.4, 103, 11.2-11.3 Change oC.._....._........ 11 Decision on Disputes...,,.,.. ...... 9.11 definition of .............._........... _............. _._.....,I.11 Contract Times - adjustment of ........................... .5, 4.1, 9 4, 10.3, 12 Change of ....................... _........... _.......,... 121-12.4 Commencement of....... _..... _.... _....................... 23 definition of ...............................__._...__....... 1.12 CONTRACTOR - Acceptance ofInsurance ............. 5.14 Communications . .......... ....... ..................... .2, 6.9.2 Continue Work,,.._ ... ................ ....._......,. 6.29, 10.4 coordination and scheduling ........................... 6.9 2 definition of ............._........................ _..._....... 1.13 Limited Reliance on Technical Data Authorized.._....,,.... _...,,.. _............._. 4.2.2 May Stop Work or Terminate _.......................... 15.5 provide site access to others,._ .... _......... .,..72, 13.2 Safety and Protection ................... 4.3.1.2, 6.16, 6.18, ....._...............................6.21-6,23, 7,1 13.2 Shop Drawing and Sample Review Prior to Submittal ......... .._...... ..... _.............. 6.25 vii Stop Work requirements .................................. 4.5,2 CONTRAC'fOR's- Article or Paragraph Number Compensation ............-_..._ ......................11.1-11,2 Continuing Obligation .... ................. ............... 14.15 Dgfective Work, ...... ...... ....... ......... 9.6, 13.10-13.14 Duty to correct dejecfive Work ......................... 11,11 Duty to Report -- Changes in the Work caused by Emergency. _........................ ....... _... ..... 6.23 Defects in Work of Others, ................. 73 Diftei ing conditions ................._..............,. ...... 42.3 Discrepancy in Documents....,.,, 2.5, 3.3.2, 6.14.2 Underground Facilities not indicates....,_._. 4.3.2 Emergencies... _.................... ........ _.............,...6.23 Equipment and Machinery Rental, Cost of the Work ............. ............ ............................. 11.4, 5.3 Fee --Cost Plug.......... _............_11.45.6, 11.5.1, 11.6 General Warranty and Guarantee.. _........, _.. _.....6,30 Hazard Communication Programs ............. ,.,.... 6.22 Incicnmification,.,.___,......___6.12, 6.16, 631-633 Inspection of the Work ,,,,,,,,,, ,, ,,,,,,,__,__ 7.3, 13.4 Labor, Materials and Equipment ................... 63-6.5 Laws and Regulations, Compliance by............ 6.14.1 Liability Insurance........ _......... _..._.. ................ .. 5A Notice of Intent to Appeal ..... _.................. 9.10, 10.4 obligation to pei porin and complete the \Stork._.__.........._ ................................ 6.30 Patent Fees and Royalties, paid for by.....,, 6.12 Performance and Other Bonds . 5,1 Perm its, obtained and paid for by_.....................6.13 Progress Schedule ........................... 2.6, 2.8, 2.9, 6.6, .......... _....._.. ............ 1.. 6.29, 10.4, 15,2.1 Request for formal decisionon disputes,_ 9,11 Responsibilities -- Changes in the Work .................................. 10.1 Concerning Subcontractors, Suppliers and Others.............__..._.............6.8-6.11 Continuing the Work .........._.1.6.29, 10A CONTRACTOR's expense ........................... .7.1 CONTRACTOR's General Warranty and Guarantee............ _.. _................ CONTRACTOR's review prior to Shop _..6.30 Drawing or Sample submittal,,.,_....,..,,,. 6.25 Coordination of Work, ..... ..... ............... _.... 6.9.22 Emergencies ..................... .._........,.,,6.23 ENGINEER's evaluation, Substitutes or "Or -Equal" Items .......... _._............ _6.7.3 For Acts and Omissions of Others............_ _..... _......6.9. 1-6.9.2, 9,13 for deductible amounts,insumnee.................. 5.9 general ......... ._............................ 6, T2, 7.3, 8.9 Hazardous Communication Programs,......,.. 6.22 Indemnification ............. .................. ._, 6.31-6.33 E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITIONI IV/CITY OF FOIi1COLLINS MODIFICA"LIONS (REV 9/99) Labor, Materials and Equipment.,..,..., 6.3-6.5 Laws and Regulations.._.,..,,....6>.14 ...................... . Liability Insurance. _......... _.......................... 5.4 Article or Paragraph Number Notice of variation from Contract Documents_ ............................... _... _.., 6.27 Patent Fees and Royaltie......... ................. _.6,12 Permits ................... _...... _.............. _......... 6.13 Progress Schedule, _......... _........ _..............._ 6.6 Record Documents,.,,,, . _..... ........ _........ _ _. 6,19 related Work perform ed prior to ENGINEEI2's approval of required submittals... _.......... _... _....................... 6. 2S safe structural ion cling ............. _............ 6.18 Safety and Protection .................... 6.20, 7.2, 13,2 Safety Representative..,........ ......... _.... _....,6.21 Scheduling the Work.... ................. .6.9.2 Shop Drawings and Samples,,,.,..,.._.,,,,._._. 6,24 Shop Drawings and Samples Review by ENGINEER ............. _.............. _...6.26 Site Cleanliness ._..... ....... ...... ... _...... 6,17 Submittal Procedures .._. _._................ _....., 6.25 Substitute Construction Methods and Procedures ......... _........_.. 6.T2 Substitutes and "Or -Equal" Items ................ 6.7.1 Superintendence.... _....... ................... .6.2 Supervision..... _....... _.................. _.............. 6.1 Survival of Obligations ............................... 6,34 Taxes............. ...... _................ 6.15 Tests and Inspections ................... _..... ....... 13.5 To Report ..................................................... 2.5 Use of Prem ises............. ....... 6.16-6,18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal ......... ..... _ __......_.6,25 .......... Right to adjustment for changes in the Work...,, 10.2 right to claim...,.,,,.._ 4, 7.1, 9A, 9.5, 9.11, 10.2,11.2, ._..... ,, 11.9. 12.1, 13.9, 14.8, 15.1, 15.5, 173 Safety end Protection., .._........... 6,20-6.22, 22, 13,2 Safety Representative .............. ................6.21 Shop Drawings and Samples Submittals .... 6,24-6,28 Special Consultants... _................ _....... __......1 IAA Substitute Construe tiar Methals and Procedures 6.7 Substitutes and "Or -Equal" Items, Expense............... .............. ........ _. _.... GZ 1, 6.72 Subcontractors, Suppliers and Others...,,,,,,. 6.8-6.11 Supervision and Superintendence ....,..,,6.1, 6,2, 6.21 Taxes, Payment by ..................... ................ 6.15 Use of Premises .......................... ............... .16-6.18 Warranties and guarantees ........................ 6.5, 630 Warranty of Title........... _.............. _.......... 143 Written Notice Required-- CONTRACIOR stop Work or terminate.,,..... 155 Reports of Differing Subsurface and Physical Conditions ...................... 4.2.3 Substantial Completion.., .... _.._._14.8 CONTRACI.016--other ............................... _.......... _. 7 Contractual Liability Insurance...........................3,4,10 Contractual Time Limits ............. ............ ............. .. 12,2 Article or Paragraph ?Number Coordination -- CON RACTOR's responsibility ........................ 6.9.2 Copies of Documents .... ...................... ..................... 2.- Correction Period .................................... .............13.12 Correction, Removal or Acceptance ofDefecNve Work-- in general ................................... 10AL 13.10-13.14 Acceptance ofDefacfive Work ....................... _.1,3.13 Correction or Removal of Defective Work...... _......................... 6,30, 13.11 Correction Period ................................ 13.12 OWNER May Correct Defective Work..............13.14 OWNER May Stop Work .-............ __ ..............13,10 Cost -- of Tests and Inspections._ ................_.._........... 13.4 Recordsl1.7 Cost of the Work -- Bonds and insurance, additional.,__..,...,.,,. 11.4.59 Cash Discounts......_ ....................................... 11.42 CONTRACTOR's Eec...,„ ................_._............ 11.6 Employee Expenses...._........_.............._......71.4.5.7 Exclusions to ......................_............................ 11.5 General 11.4-11.5 home office and overhead expenses....................11.5 Losses and damages.._ ............._............_.... 11.4.5.6 Materials and equipment..„....................._....„11.4.2 Minor expenses .............. ......................._.... 11.4.5.8 Payroll costs on changes.,,,,,__ ........................ 11.4.1 performed by Subcontractors, _..........._._....... 11.43 RecordsIL7 Rentals of construction equipment and machinery....._..............._...............11.4.5.3 Royalty payments, Permits and license fees ........... 11.4.5.5 Site office and temporary facilities...._._... 11.4.5.2 Special Consultants, CONTRACTOR', ............. 11.4.4 Supplemental... _...... _.. _.........._.............. HAS Taxes related to the Work ............... _._..,,,.,. _. 11.4.5.4 Tests and Inspection......._ ............._.................. 13.4 Trade Discounts ........ .........................._ 11.4.2 Utilities, fuel and sanitary facilities,,,,,,,,,,,,,, 1 L45.7 Work after regular hours ..............._........,,,,,,., 11.4.1 Covering Work ................ _..................... _....., 13.6-13.7 Cumulative Remedies,,..,,,..,_,._.,... 17,4-17.5 Cutting, fitting and patching ................. ....... ,.......... 7 2 Data, to be furnished by OWNER,.,,...,_....................8.3 Day --definition of................................................17.2.2 Decisions on Disputes,._ ..............-....._.._..... 9.11, 9.12 defective --definition of., ... _............. _....... defective Work -- Acceptance of.......... _.......... _............-.10.4.1, 13.13 2JCW GENERAL CONDITIONS 1910-8 (1990 EDI'OON) w/ Cl'I'Y OP PORT COLLINS MODI47CA (IONS (REV 9/99) CaTection or Removal of .... ....... ........_.10. 4.1, 13.11 Correction Period ..................... _...,.._._. 13.12 .......... in general.._ ....................._.............. 13, 14.7, 14.11 Article or Paragraph Number Observation by ENGINEER.... _..... ................... 9.2 OWNER May Stop Work ... _._...................... 1110 Prompt Notice of Defects,.„., _.... _. _.................. . 13.1 Rejecting ...................... _........................9.6 Uncovering the Work..,,,,,,.._. _..... .. ....... 13.s Definitions ._ _.. I Delays ......... _... ............... ......... 4.1, 6.29, 123-12.4 Delivery of Bonds .... .,._._.......... ............................... 2.1 Delivery of certificates of insurance,__,__ ............. 2.7 Determinations for Unit Prices, ,._ 9,10 Differing Subsurface or Physical Conditions -- Notice of............... ....... _.. _.......... 4.2.3 ENGINEPI2's Review .............. _._......,... _....... 4.2.4 Possible Contract Documents Change,,,,,,,,,,,,,, 4.2.5 Possible Price and Times Adjustments .............. 4.2.6 Discrepancies -Reporting and Resolving ........ ._.............__.... 2.5, 3.32, 6.142 Dispute Resolution-- AW eement.... ...................... ...................... 16.1-16,6 Arbitration..... _............... _........_.............. 16.1-16.5 generall6 Mediation 16.6 Dispute Resolution Agreement ......................... 16.1-16.6 Disputes, Decisions by ENGINEER ................. 9.11-9,12 Documents -- Copiesof ........................... _...... _.............. Record 6.19 _......'-.2 Rouse of... ....... 3.7 Drawings --definition of ..,., ..... 1.15 Easements __..... ........ ... _._... 4.1 L-+ffective date of Agreement-- definition pQ,.....,_,__ 1.16 Emergencies............................ . .............. ENGINEER-- .C>.23 as initial interpreter on disputes ....... ......... .11-9.12 definition of._..........._........._........... _............ 1.17 Limitations on author ity and responsibilitie......9113 Replacement of............_ .......................... 4.2 Resident Project Representative. ............._......_.... 93 ENGINEER's Consultant -- definition ol 18 ENGINEER'S authority and responsibility, limitations on ...... ,,9, 13 Authorized Variations in the Work__,..... _. _..... 9.5 Change Orders, responsibility for .......9.7, 10, 11, 12 Clarifications and Interpretations,.,..,,,,,,_, 3.6.3, 9.4 Decisions on Disputes ........ ......... .......... . --- 9.11-9.12 defective Work, notice of .............. 13.1 Evaluation of Substitute Items .......................... 6.7.3 Liability ......................... ....., .................. (i32, 9.12 Notice Work is Acceptable.,... 14.13 Observations ........ ...................... ............. 6.30.2, 92 O WNER's Representative .................................... 9.1 Payments to the CONTRACTOR, Pepponsibility for ...... ....... ... ...__........ ...9.9, 14 Recommendation of Payment,,,_......,..,,,_, 14.4, 14.13 Article or Paragraph Number Responsibilities --Limitations on,.,.............. 9.11-9.13 Review of Repo is on Differing Subsurface and Physical Conditions ................ .... _,.,. _. 4,2.4 Shop Drawings and Samples review responsibility.. ..... _ ... ............... ....... _. 6.26 Status During Construction -- authorized variations in the Work... _............. 9.5 Clarifications and Interpretations._... .........9 4 Decisions on Disputes.. _„_ _......,..,,, Determinations on Unit Price,,,,,,,,,,,,,,,,,,,,,, 9. 10 ENGINEER as Initial Interpreter...,,.,.. ........ ENGINEER's Responsibilities ................ 9.1-9.12 Limitations on ENGINBER's Authority and Responsibilities .................. _,..,._....9.13 OWNER's Representative.......__..:.._ ............ 9.1 Project Representative . 93 Rejecting Defective Work ... _......... ..... 9.6 Shop Drawings, Change Orders and Payments ,.,..._...... .... ... ............ 9.7-9.9 Visits to Site .. _................92 Unit Price determinations .............................._., 9.10 Visits to Site ....................._._...................,... _...9.2 Written consent required ........... ................... 2, 9.1 Equipment, Labor, Materials slid .......__............. 6.3-6.5 Equipment rental, Cost of the Work.. Equivalent Materials and Equipment ........... ._.......... 6.7 error or omissions_..... __.....,.__.. ................._ 6.33 Evidence of Financial At angemenn;...... ...... ... _,._..$.11 Explorations of physical conditions ...................... 4.2.1 Fee, CONTRACTOR's--Costs Plus., .......,..,_..11.6 Field Order -- definition of;._........._.............._..._._.........,.....1.19 issued by LNGIN1iliR..... ........... ....... .. _.... 3.6.1, 9.5 Final Application for Payment ............................... 4,12 Final Inspection. _.......................... ..................... 14.11 Final Payment -- and Acceptance ..........._.........._............ 14.13-14,14 Prior to, for cash allowmces.,,,,_.,.............. ,..,,., It's General Provisions ................._.. .................... 173-17.4 General Requirements -- definition of..._ ................._............ .............. .. 1,20 principal references to, ........... . lei, 6.4, 6,6-6.7, 6.24 Giving Notice ............... ................................. ......-.17.1 Guarantee of Work --by CONTRACTOR .... ,... 630, 14.12 Hazard Conan unication Programs ...................__... 6.22 Hazardous Waste -- definition of ...................... _.......... _................. 121 general....... _......... _............- .................. 45 OWrNrER's responsibility for .... ,................... ..... 8.10 Ii1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION) 11 alYOFFORT COLUNSAX)DIFtCATIONS(REV 9/99) Indemnification...„,,.,,,.,. _,_ _.... ..... , 12, 0, 16, 6.31-6.33 Initially Acceptable Schedules .. ...................... ....... ._2,9 Inspection -- Certificates of ...................... ._,,,,. 9.13.4, 13.5, 14.12 Final ...................14,11 ....................................... Article or Paragraph Number Special, required byENG1NEER.,,.,_.......... 9.6 Tests and Approval .............. _.... 5.7, 13.3-13.4 Insurance -- Acceptance of, by OWNL'R.. _ _ _ _..... _ _ _.......... 5,14 Additional, required by changes in the Wo'k.............. _.. _.... .......... .......... 11.4.5.9 Before starting the Work ............. ? 7 Bonds and --in general......._........ _........._........._..5 Cancellation Provisions. . ............. .............. . ... _...5_S Certificates of_ .......... 2,7, 5, 5.3, 5.4.11, 5.4,13, ........... _...... ... 5.5, 5.14, 9,13.4, 14.12 completed operations ..... ............ .................... 5.4.13 CONTRACTOR's Liability ...................... .............. SA CONTRACTOR's objection to coverage,,,,,,,,,,,,, 5.14 Contractual Liability,.,...... ......... ................. 5.410 deductible amounts, CONTRACTOR's responsibility ........................... _................... 5.9 Final Application for Payment-.,....................... 14.12 Licensed Insurers ............._,,, ......................... .,, 5.3 Notice requirements, material changes_ ...... 5-8, 105 Option to Replace. ................. .: . ........................ 5.14 other special insurances ........ ............................ 5.10 OWNER as fiduciary for insureds .............. 5.12-5.13 OWNER's Liability.... _.....,.. _............................. 5.5 OWNER's Responsibility.................................. 8.5 Partial Utilization, Property Insurance_ .,.... _,..5,15 Property........ _............... _... ............. ...... 5.6-5.10 Receipt and Application of Insurance Proceeds.......... _ ................. 5.12-5.13 Special Insurance......... , . 5.10 Waiver of Rights.._ ................................ 5.11 Intent of Contract Documents ...... ......................... 3.1-3.4 Interpretations and Clarifications, ..... ,.... ,.,..,_.3.63, 9A Investigations of physical conditions.,..,....., 4.2 Labor, Materials and Equipment....,,, _...,..... ........ Lands -- ....6,3-65 and Easements .........: ... ................. 8.4 Availability of......... ............ _........................ 4.1, 8A Reports and Tests. ........................._......... 8.4 Laws and Regulations --Laws or Regulations -- _........ Bonds............._......_......._........................ 5.1-5.2 Changes in the Work ............... _.. ..................... 10.4 Contract lloeuments.................... .... _......... _....... CONTRACTOR's Responsibilities,_..................6.14 Correction Period, defective Work.,, _.......... Cost of the Work, taxes ...... I......... I .............. .....13,12 )1.4.5.4 definition of .................... ....1,22 genera16. 14 Indemnification.......... _......... _................. 6.31-6.33 Insw ance..... ............ ...... .........1... .......... ,.,.......,. 5.3 Precedence...........__ ............. _......... ... 3.3.3 Reference to,..„,_.........._........ _.........._.......... 3.3.1 Safety and Protection__ ......................_.._6.20, 13.2 Subcontractors, Suppliers and Others.,.....,,,, 6,8-6.11 Article or Paragraph Number Tests and Inspection.............................. 1,5 Use of Premises ............................................. 6.1(- Visits t0 Site ..............._.....__......._.........___..... _. 9�2 Liability Insurance-- CONTRACTORs._......_................. _..._.........._ 5.4 OWNEI2's............_....................................... Licensed Sureties and Insurers,,,,,,,,,,,,,, 11.1.:5.5 5.3 Liens -- Application for Progress Payment ............... ,....... 14.2 CONTRACTORS Warranty of Title.....,_, _. 14.3 Final Application for Payment..,,,,._.,.,__........,14. 12 definition of ... _.......... ............................... 1.23 Waiver ofClaims............................................ _..... . 14.15 Limitations on ENGINEER's authority and responsibilities........ _........ _...... _... _.... 9.13 _.......... Limited Reliance by CONTRACTOR Authorrized... _. _.............. _.......................... 4.2.2 Maintenance and Operating Manuals - .... Final Application for Payment....,,,_................14,12 Manuals (of others) -- Precedence.......................... _._. _.................:3.3.3.1 Reference to in Contract Documents,,.....,, j.3A Materials an(] equipment -- furnished by CONTRACTOR ............... ....... __._ 63 not incorporated in Work ........................ 14.2 _.._...., Materials or equipment --equivalent ................. 6.7 _....._ Mediation (Optional).. ........... ...... ............... Milestones --(definition of ,,..,__........... .... ,.,_,......... 1.24 Miscellaneous -- ,. Computation of Times........................................17.2 Cumulative Remedies.......... _............................ 17.4 Giving Notice_ ...... ........... .................. _........._17.1 Notice of Claim ..... _........ _........ _......... _..........,17.3 Professional Fees and Court Costs Included, ........ T5 Multi -prime contracts_ ..............._..,.....,,."..... ........... 7 Not Shown or Indicated. _........_43.2 Notice of -- Acceptability of Prcuect........... _....................... 14,13 Award, definition oF..,.,,,, _. _........ _...... 1.25 _........... Claim ................ .............. ........................... . 17.3 Defects,13.1 Differing Subsurface or Physical Conditions...,,, 4.2.3 Giving.............. ................... ................... _......17.1 Tests and Inspections ............... ......................... 13.3 Variation, Shop Drawing an(] Sample....,,, 6,27 Notice to Proceed -- definition of ...................... 1.26 ................................ giving of EJCDC GENERAL CONDI'CIONS 1910-5 (1990 EDIIIONI) w/ CITY OF FORI COLLINS MODIFICATIONS (REV 9/99) Notification to Swetq.............. _... _........................ 10.5 Observations, by ENGINEER_ ........ ....... ........ 6.30, 9.2 Occupancy of the Work ................. „5.15, 630.2.4, 14.10 Omissions or acts by CON-i i2AC1'OR,.,............ 6.9, 9.13 Open Peril policy form, Insurance .......................... 5.62 Option to Replace . ............... ...,..., ......5.14 Article or Paragraph Numbel "O Equal" Items .................... ........._.....,..__.........,. 6.7 Other work 7 Overtime Work --prohibition of;, _,,,,..,., _...,_ 6.3 OWNER -- Acceptance of defective Work,.,.,. appoint an ENGINEER ...................... _...._........ 8.2 as fiduciarY................. ............ _... _........... S.12-5. 13 Availability of Lanch, responsibility.....,,,,... 4.1 definition oi.,....,__,. ................................. .........1.27 data, furnish.........._ ....................................... ...$3 May Correct Defective Work ........................... 13. 14 May refuse to make payment..,,,,_._...................14.7 May Stop the Work„,,..._ ............... _......,........ 13.10 May Suspend Work, Terminate ....... ....... .... ___U, 13.10, 15.1-15A Payment, make prompt_..............__.$.3, 14.4, 14.13 Performance of other work.. .... 7.1 permits and licenses, requirements ...... ........ .... 6,13 purchased insurance requirements, .... ,..... ,,...5.6-5.10 OWNER's-- Acceptance of the Work,,.._ ................6.30.2.5 Change Orders, obligation to execute__..,... 5.6, 10A Communications _........._ .................................. 8.1 Coordination of the Work _.,....,.....,.,,.._ 7.4 Disputes, request for decision...,.,,.,_..,.,....,,, 9,11 Inspections, tests and approvals. ............... _.$.7, 13.4 Liability Insurance,,..,.__,.. 5.5 Notice of Defects ......_... _............._.____..... 13.1 Representative--Du'ing Consu action, E-NGINEER's Status...... _............... _............. 9,1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ................. 8.10 Change Orders.._............ _._... _......_...._....,,8.6 Changes in the Work. — ............ 10.1 communications ................__........... ............. SA CONTPACTOR's responsibilities,,, 89 evidence of financial arrangements ............. 8.11 inspections, tests and approvals...... $.7 insurance 8.5 lands all([ easements...,..,,.,,_ ........................ 8.4 Prompt payment by,. _..................... S.3 replacem eat of ENG WEER ..................... ......$2 reports and tests ... ...... ..... -... I..... I.........,,.,....fi.4 stop or suspend Wes k................. 8.8, 13.10, 15A terminate CONTRACTOR's services ........ ........... _ _..._......... 8.8, 15.2 separate representative at site... .............. _,,... _...9.3 testing, independent_ ....................._................ 13.4 use or occupancy of the Work ...... ........ .... ....... 5. 15, 6.30.2.4, 14, 10 written consent or approval required ....... _........................... _... 9.1, 6.3, 11.4 FXDC GENERAL CONDITIONS 1910-5 (1990 FiD17lON) W/ CITY OP FORT COLLINS MODIIICA'LIONS (REV 9/99) Article or Paragraph Number written notice required.,...,. ................ 7.1, 9.4, 9,11, ......._....................... IL2, 11.9, 14.7, 15A PCBs -- definition o(._........._.........._.................... genera I ....... I ..................... _.....1.29 4.5 O W NER's responsibility for .................. ........... s.10 Partial Utilization -- definition of ........__.......... ................................ 1,25 general 6.30.2,4, 14.10 Property Insurance 5.15 Patent Pees and Royalties 1­116.12 Payment Bonds ............. .......... ........ _. _....._....... 5.1-5.2 ,Payments, Recommendation of .. .......... ..14A-14.7, 14,13 Payinenls to CONTRACTOR and Completion -- Application for ProgressPayntents .................... _ 14,2 CONTRACTOR's Warranty of Title,,,,,,,,,,,,,,, 143 Final Application for Payment .......................... 14.12 Final Inspection ........................................ _.... 14.11 Final Payment and Acceptance,,,,__.__.. 14.13-14.14 general .... _...... .. ... _.83, 14 Partial Utilization.........,_...._......... _..._.... _. ..14.10 Reminage... ....... .... _..__.......___.__14.2 Review of Applications for Progress Paym cuts.. _........................ ............. 14,4-14, 7 prompt payment ..... _......... _........................ Schedule of Values.........._ ............... _.. _.8.3 _.............. 14.1 Substantial Completion .... ..................... ..._ 14.5-14.9 Waiver of Claims........_........_ .................... .. 74.15 when paynnents clue ................................ 14.4, 14.13 withholding pa}mient.......... .............. ............... 14.7 Performance Bonds ................... ................. _... _..........5. I-52 Penn its ....__... 6,13 Petroleum -- ... definition oC,......._............____......__. general......... _.......... _.......... _.......'' _... _.......... 4.5 OWNER'S responsibility for.......... ...... 8,10 Physical Conditions -- _ Drawings of, in or relating to ...............„....,., 4.2.1.2 ENGINEER's review..... ... 4.2A existing structures....................._.....................4.2.2 general 4-2.72......................................................... Notice of Differing Subsurface or......................4.2.3 Possible Contract Documents Change......, .............. 4.2,5 Possible Price and Times Adjustments ........... _.426 Reports and Drawings._ .................. . ............... 42.1 Subsurface and..............._.........................._.......42 Subsurface Conditions,, ........... ..................... 42.1.7 Technical .Data, Limited Reliance by CONTRACTOR Authorized..-...... ......... 4.2.2 Underground Facilities_ .... general 1­143 Not Shown or Indicaed................. .............4.3._ Protection of.............._.............._........43, 6,20 XII Article or Paragraph Number Shown or Indicated_......._.._...,....... _........._......... 4.3.1 Technical Data........._.......__. _...................... 4.2.2 Preconslruction Conference.......... _......... _................2. S Preliminary Matters ....................... _............._............' Preliminary Schedules .................... ...... _... _... 16 Premises, Use of . ........ ............... 6.16-6.1S Price, Change of Contract.........._. _........................... 11 Price, Contract --definition of.,..,.,.., 1.11 _.............. Progress Payment, Applications fo;.142 _.._,.. Progress Payment retainagC., _ 14.2 Progress schedule, CONTRACfORs. ..... ....6 2.5, 2.9, ..................... _ _........ 6.6, 6.29, 10.4, 15.2.1 Project --definition of...... _........... _.. _........... _..........1 31 Project. Representative-- ENGINEER's Status During Construction..........., 23 Project Representative, Resident --definition oC 1,33 .......... prompt payment by OWNER..... _. _. _...... _............. 8.3 Property Insurance-- _, Additional...._.................._............................,.. S.7 general5.6-5. 10 Partial Utilization,.,...,.,,_ _...5.15, 14.10.2 receipt and application of proceeds„_ .......5.12-5,13 Protection, Safety and ............. .... 620-6.21, 13.2 Punchlist.......................................................... 1.4.11 Radioactive ivLaterml-- defintion oC....._................................_.......... 1. 32 gencnA4.5 _. OWNER's responsibility for,,,_........................_8,10 Recommendation of Payment...,._..,__. 14.4, 14.5, 14.13 Record Documents ........................... ..........._6.19, 14,12 Records, procedures for maintaining.., 2.9 Reference Points. ........ ........ ...................... Reference to Standards and Specifications _..4.4 of Technical Societies........ _ _. _........ _. _.... _ Regulations, Laws and (or) ......... _............ _.....3.3 ......... 6.14 Rejecting Defective Work 9,6 Related Work -- at Site Performed prior to Shop Drawings ,_....7.1-7.3 and Samples submittals review.,.,.,,,,_. _......, G 23 Remedies, cumulative...,.,,, ..... ....... ...... . 17.4, 17,5 Removal or Correction oCDefe......... clive \pork.....,,,, 13.11 rental agreements, OWNER approval required._.,. 11.45.3 replacement of ENGINEER, by OWNER......,,,, _....,., $.2 Reporting and Resolving Discrepancies..,,,..._.. _......-_._._.... 25, 3,12, 6,14.2 Reports_ and Drawings ... .......... ....... ....... ........ ............ 4.2.1 and 'Tests, OlA1NER's responsibility ..................... $A Resident and Project Representative -- definition of .... _........... ..................... ._......_.. 1.33 provision for, ...................... _......... _. _........ _. _.. 9.3 F'JCDC CliNERAL CONDITIONS 1910-5 (19901DITIOV) tv/ C1TY OF FORT COLLINS MODIFICA FIONS (REV 9/99) Article or Paragraph Number Resident Superintendent, CONf1LACfOR!s... ...........62 Responsibilities-- CON'TRACTOR's-in general.,..... _........... _............ 6 ENGINEER's—in general..... _.... _. _............... Limitations on.................._..._.._..._9.13 _.....,.9 OWNER's-in general Retainage .._.. _....... 14.2 Reuse of Docum tints ..__ ;.7 Review by CONTRACTOR: Shop Drmvings and Samples Prior to Submittal.,,,_._,....,.,_, Review of Applications for Progress Payments..... _...................... ..... Right to an adjusun ant ......... ... ....... I ... - ......... .......... 10.2 Rightsof Way.. ..... .-.... -.......................................... 4.1 Royalties, Patent lees and..........._ .......................... 6.12 Safe Structural Loading ............... _............_...........6.18 Safety -- and Protection............ ....... _ _......... 4.32, 6.16, 6,18, 7.2, 13.2 general ... _ ..... .. ....... 6.20-623 Representative, CONTRACTOR's...................... C 21 Samples -- definition of _....................... .............. _.. _...... _.1.34 general ........._............ _............._............ 6.24G28 Review by CONTRACT012 ...................__........ 6,25 Review by ENGINEER ....... ....................... 6.26, 6.27 relatedWork..._ ..................._................ _...._.. 6.28 submittal of._......._.__........,. _._................... 6.24,2 submittal procedures,,.,.,.,_,,. .......................... .. Schedule of progress., , . . ... ....... .......__.2.6, .6.25 . 2.8-2.9, 6.6, ...........__..................__. 10.4, 15.2.1 e6.29, Schedule of Shop Drawing and Sample Submittals... _..._... ...1.............2.6, 2.8-2.9, 6.24-6.28 Schedule of Values.......,,,,,_ ........ ........ 2.6, 2.8-2.9, 14.1 Schedules -- Adherence to......._._ ...................... _............_ 15.2.1 Adjusting. __ ....................._................_...... 6.6 Change of Contract Tinteg.,...,,,,,_,_.-.....__...._.. _. 10.4 Initially Acceptable._....... _._....................... 2.8, 2.9 Preliminary .... _ ................................. _. _........._ 2.6 Scope of Changes_ _.......... ...... _..... _....10.3-10.4 Subsurface Conditions .._............ _...................... 42.1.1 Shop Drawings -- and Samples, general........ ............................. Change Orders & Applications for Pa}anents, and ......... ................... definition of ............................_................... �.,. 135 ENGINEER's approval of......... ................. _..... ........3.6.2 ENGINEER's responsibility for review.. ....... ............... ........_... 9.7, 6.24-6.28 related Work ........................................ ., _........ 628 review procedures ........ .................. ......2.8, 6.24-6.28 Am Article or Paragraph Number submittal required .... ............... .... ......................... 24A Submittal Procedures....._.......................__.......6,25 use to approve substitutions...... .............. 6.7.3 Shown or Indicated,._ ..........................._.............. 4.3.1 Site.Access.__........_.........._................. 13.2 Site Cleanliness......._...........__... _......._...........__. C>.17 Site, Visits to — by ENG1AEER... __...__. _.. _.9.2, 13.2 by others..... _..... ....... _.. _..13.^_ "special causes of loss" policy form, insurance _............................._......... 62 _............$ definition of.......... ......................... _........__.... 1.36 Specifications-- defination oC......... _........... _.. ............. _... of Technical Societies, reference to, ............... _...1.36 .. 33.1 precedence... _.... _.......... _....... _................. 3.3.3 Standards and Specifications of Technical Societies.......,__..........., _.............. 3.3 Starling Construction, Before....,, 2.5.2,8 Starting the Work....., Stop or Suspend Work-- by CONTRACTOR .................... . by OWNER..._..........._..........._...._.8.8, 13.10, 15.1 Storage of materials and equipment.., ...... ,........... 4.1, 72 Structural Loading, Safely ...._............ _......... _.. _.. _ 0,18 Subcontractor -- Concerning...... ........ _.. _........................... 6.9-6,11 definition of ................... ............................. ... 1.37 delays.. .......................................... ...._...._..,. 1.23 waiver of rights................................. _......, 6,11 Suboontractors--in general ..... ... ,.,._.,.,.,..__.. 6.8-6,11 Subcontracts --required provisions..._.,_. .11, 6.11, 11.4.3 Subm ittals-- Applications for Payment_ .........................._.... 14.2 Maintenance and Operation Manuals .............. 14.12 Procedures ..................................... _ _........ _. _ 6.25 Progress Schedules ........ ............... ..... 19 Samples.... _ ........................................... _C.24-6.25 Schedule of Values .......................... 16, 14.1 Schedule of Shop Drawings and Samples Submissions..._..__........... _........_.._2.6, 2.8-2.9 Shop Drawings. ................._................_... 624-6.28 Substantial Completion — certification of...................„_„,._630.2.3, 14.8-14.9 definition of ............._......................... _........... 1,38 Substitute Construction Methods or Procedures..,.,., 6.7.2 Substitutes and "Or Equal" Items.. 6.7 CONI'RACTOR's Expense.........._ ................ 6,7. 13 ENGINEER's Evaluation._........_.. 6.7.3 _................ "Or -Equal" ................. ................................ 6.7. 1,1 Substitute Construction Methods EICDC GENERAL CONDI'NONS 1910-811990 G.DI NON) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number or Procedures ................................ .. 67.2 Substitute Items ... ............ ............ 6.7.1.2 Subsurface and physical Conditions -- Drawings of, in or telling to ......................... 4,2.1,2 ENGINJEFR!s Review ................... 4.2.4 general.......................................... ........ A21 Limited Reliance by CONTRACTOR Authorized Notice of Differing Subsurface or Physical Conditions.. _ _................ 4.23 Physical Conditions ................................. f2.1.2 Possible Contract Documents Change ............... 4.2,5 Possible Price and Tinter Adjustments,,,._....... 4.2,6 Reports and Dralvings .................. ................. 4.2.1 Subsurface and Subsurface Conditions at the Site -Technical Data Supervision- CONTRACTOR's responsibility,......__......_....., OWNER shall not supervise._...__ ................. 8,9 ENGINEER she]] not supervise,,,,,,,,,,,,,,,,, 9.2, 9.13,2 Sops' Intendcoce ........... .. ....... . . .............. .... . 62 Superintendent, CONTJ?jV7OR's resident.,,,,_. 0.2 Supplemental costs - IIA5 Supplementary Conditions-- :* definition of 1.39 principal references to...,,__......., 1.10, 1.18, 12. 2,7, ....... 1. 4 2, 4.3, 5.1, 53, 5.4, 5.6-5,9, 6.8, 6.13, 7.4, 8.11, 9.3, 9.10 Supplementing Contract Documents,..,,,,_..,...,,,, 3.6 Supplier -- definition of 1.40 principal references to. 65, 6.8-6,11, 6,20, I. - -- .......... ........... fi.24, - - 9,13, 14A2 Waiver of Rights........ ........................... 6.11 Surety - consent to final payment....... ...... - ..... 14,12, 14,34 ENGINEER has no duty to ......................... 9. 13 Notification of .......... ........................ 10A, 10.5, 15.2 qualification of 5,1-5.3 Survival of Obligations 634 Suspend Work, OWNER May ...................... 13.10, 1.5.1 Suspension of Work ind'Fenininition- 15 CONTRACTOR May Stoll Work or Terminate_,._,...._, I.- ..... - ........ 15.5 OWNER May Suspend Work ...................._........I I �5 ] OWNER May Tenn inate ........ - .................. 15.2-15,4 Taxes --Payment by CONTRACTOR-......-.- .. ..... 6.15 Technical Dills - Limited Reliance by CONTRACTOR ............ .... 4.2.2 Possible price and Times Adjustments .............. 4.2.6 Reports of Differing Subsurface and Physical Conditions ......... .................... .... ,4.2.3 xiv Temporary construction facilities 11.1. .- .. ..... Al Article or Paragraph Number Termination -- by CONTRACTOR 15,5 by OWNER .. _. ...... ..... - ... ...... 15,1-15.4 of ENCHINEER's employment,.._.._.......... .... 8,2 Suspension of Wort: -in general..__........__.._....... .. 15 Terms and Adjectives,..,.,..__....... 3.4 Tests and Inspections - Access to the Work, by others,,,,.,..,_.__._,.,.. 112 CONT RACTOR! s i esponsi bil it ics, ...... ... ............ 13_5 cost of 13.4 covering Work prior to,._... _.......... ....... 116-13 7 Laws and Regulations (or) ......... ...................... 13_5 Notice of Defects III OWNER May Stop Work...... _....... _......... _..... 13.10 OWNER's independent testing__ ...................... 13.4 special, required by ENGINEER...,,,_,_ ................ 9.6 timely notice required........_............_ 13.4 Uncoverma theWork, at ENGINEEks Times- Actjusting........................................................... 6.6 Change or Contract...........__ ........... - ..... Computation of . 1.112 17.2 Contract Times -definition of ......... ....... 1 12 clay .... 11 .... . .. ...... 17.2.2 Milestones Requirements-- IPPcals .... ... ...... ............ ............. 9.10, 16 clarifications, claims and disputes _ .. ...... _9.11, 11.2, 12 Commencement of Contract Times 2.3 Procollstructioll Conference schedules ... -2,S 2.6, 2.9, 6,6 Starting the Work 24 Title, Wart inty of 14.3 Uncovering Work 13 8-119 Underground Facilities, Physical Conditions - definition of 1 41 Not Shown or Indicated_........... 4.3.2 protection of ..4.3,6.20 .. Shovai or Ind Indicated ...... 4.11 Unit Price Work-- claims 11.9.3 definition of 1,42 general 119, 14.1, 14.5 Unit Prices -- general 11. 3.1 Determination for -.9,10 Use of Prein ices ...... .1 ............. 6,16, 6.18, 6.30.2.4 Utility owners.,,,,__ ...... ............. 6.13, 6.')0, 7.1-7.3, 13.2 Utilization, Partial ................... 1,28, 5. 15, 6,30.2,4, 14,10 Value of the Work 113 Values, Schedule of .............................. 2.6, 2,8-2.9, 14.1 EJCDC GENILRAL CONDITIONS i910-s (igizi Emrjw) 1v/ CI ry OF FORT COLLINS NIODIFICA110i,18 (REV 9/99) Variations in Work--Mino1 Authorized .............. ..... ,..... _............. .25, 6.27, 9.5 Article or Paragraph Number Visits to Site --by ENGINEER, ...... Waiver of Claims --on Final Payment.....................14,15 Waiver of Rights by insured parties ................ 1.5,11, 6.11 Warranty and Guarantee, General --by CON TRACTOR.... _............................. _........., 630 Warranty of Title, CONTRACTORS, ................ ... 143 Work -- Access to ........................................................... 13.2 byothers,.._ ............._.............. _..... _........ _.......... 7 Changesin the ............................. ............ ..... _.... to Continuing the,....._ ................... ............. .......... 6,29 CONTRACTOR May Stop Work or Tenn inate.......... ..................... _.......... 15.5 Coordination of .. _............... _............................ 7A Cost of the>....._......_ .................._............ t 1.4-11.5 definition oC__.......,.,.._.............___.........._. _.. 1.43 neglected by CONTRACTOR,,,._ ............. other Work _......__............... _.............__. _........7 OWNER May Stop Work ._..._......... ___... 13,10 OWNER May Suspend Work 13,10, 15.1 Related, Work at Site. ­ ...... _........,.._... 7.1-7.3 Starting the ............ ....... ....... ................. ............. 2.4 Stopping by CONTRACTOR__ _..... ............ ..... 1.5.5 Stopping by OWNER....._....... I .... ,... ..... 15.1-15A Variation and deviation authorized, minor.,.,,.,..,. 3.6 Work Change Dhective-- claims pursuant to .... ...____...... ._.. _...... __....... 10.2 definition of, _...... ._.................................... 1.44 principal references to ..............„ 3.5.3, 10. I. 10.2 Written Amendment— definition of 11 1.45 principal references to, ..... _,_ 1. 1t), 3.5, 5.1Q15.12, ...................... _,ci.6.2, 6.5.2, 6.197 10.1, 10.4, ............................ 11.2, 12.1, 13.12.2, 14.7.2 Written Clarifications and Interpretations.-„._....__...................3.6.3, 9.4, 9.11 Written Notice Requireck- by CONTRACTOR ............................ 7.1, 9.10-9. )1, ..............__..........._._._...... 10.4, IL2, 12.1 by OWNER _............... ... . 10-9.11, 10.4, 11.2, 13.14 X4 I;;1CDC CENERN, CONDI DONS 19104 (1990 EDITIONs W/ CM OF FORT COLLINS n10DIFICATIONS (iiiv 9199) ('I'liiS page left blank intentionally) xh BICDC GENERAL CONDITIONS 1910- 8ONS RLV91 9) ud (7"lY OF FORT' COLLINS A9011IPICA"I7GNS (REV 9/99) 00 @ j @ y = § \ \ 00 en CD CD \ \ \ \ \ CIO\ 2 8 z z % % \ § § 0 § 5 \ \ \ ^ ® ) § \ \ ) \ 2 & / G& a G\ \ \ \ u \ § m m m z m z s c H { m \ \ « ■ as / \ TIrJ � \ § / � GENERAL CONDITIONS ARTICLE 1-4)EFINI'I'IONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and Plural thereof: 1.1. Addenda --Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. ,9pplicatr'on for Payment --The form accepted by ENGfl,MHR which is to be used by CON'fRAC'FOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos --Any material that contains more than one percent asbestos and is fiiable or is releasing ashestos filers into the air above current action levels established by the United States Occupational Safety and llealth Administration. 1.5. Bid —The offer or proposal of the bidder submitted on the prescribed form setting frith the prices for the Work to be perform ed. 1.6. Bidding Documents —'The advertisement or invitation to Bid, inshuctions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements -=The advertisement or invitation to Bid, instructions to bidders, and the Bid form. 1.& Bondy —Performance and Payment bonds and other instruments of security. 1.9, Cirange Order —A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an acljushnent in the Contract Price or the Contract' Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Documents —The Agremnent, Addenda (which partial to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the MCDC GGNGRAL CONDMONS 1910-5 C1990 Gditioin rviC11Y OFFORT COLI.INS M(DIPICA'I'IONS (Bljy 4i200(1) same are more specifically identified in the Agreement, together with all Written Amendments, Change O ceis, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to lraragraphs3.5, 3.6.1 and 3.63 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 626 and 6,27 and the reports and doi wings referred to in paragraphs 42.1 and 4.22 are not Conuuct Documents. l.11. Contract Price --The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as .stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Conhaet Tunes —The numbers of clays or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (it) to complete the Work an that it is ready for final payment as evidenced by ENGINEER's written reeonnuendation of final payment in accordance with paragraph 14.13. 1.13. C0NTRdC7'0R--The person, firm or corporation with whom OWNER bars entered into the Agreement 1,14. defective --An adjective which when modifying the word Work refers to Work that is unsalislectory, faulty or deficientin that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final lrayment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings -=The drawings which show the scope, extent and character of due Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so clefined. 1,16, Effective Date oJ' the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such (late is indicated it means the date on which the Agreement is sighed and delivered by the last of the two parties to sign and deliver. 1.17, ENGINEER —The person, firm or corporation issued as such in the Affeement. 1.18. ENGINEER's Consultant -A person, Linn or corporation having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions, 1.19. Field Order —A written order issued by ENGINIEHR which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Tinges. 1, )0. General Requirements --Sections of Division 1 of the Specifications. 1.21, Hazardous YPaste—The lean Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from timeto time. 1.22,a. Lams and Regulations; Lams w Reguaahons--Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all govermuental bodies, agencies, authorities and courts having jurisdiction. 1 22.b. Leal Holidcjws--shall be those holidays observed by the_City of l+ort Cyallms 1,23. Liens --Liens, charges, security interests or encumbrances upon real property or personal property. 1.24, Uile.slone--A principal event slxcified in the Contract Documents relating to an intermediate completion cone or time prior to Substantial Completion of all the Work. 1.25. Nolce of Award --A written notice by OWNER to 010 apparent successful bidder staling that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the tune specified, MMER will sign and deliver the Agreement. 1.26. Notice to Proceed_ A written notice given by OWNER to CONTRACTOR (with a copy to 13NGINECR) fixing the date on which the Contract Tinter will comutence to run and on which CONTRACTOR shall start to perform CONTRAC.TOln obligations under the Contract Documents_ 1,27. OWNER- The public body or authority, corporation, association, lino or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Parlial Unlizahon—Use by OW'NBR of a substantially completed part of the Work for the purpose for which itis intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs —Polychlorinated hiphenyls. 1.30. Tetroleunr--Petrolemn, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Pahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non -Hazardous Wastes and crude oils. 1.31, Protect —The total construction of which the Work to be provided under the Contract Documents may be the wholc, or a part as indicated elsewhere in the Contract Documents. 1.32.a. Radioactive Material --Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of C1CDC GRNGRM, COr DTITIONS 1910.3 (1990 Lditigt) tv/ CITY OF FORTCOLLINS MODIIICA'I IONS 011ol4/2000) 1954 (42 USC Section 2011 et seq.) as amended front time to time. 132b. L2e2nlar Jirnr Hours --Regular working hours are defined is 7;00ain_ to _ &0jpnt_ unless o)henvise 9pecilieal_in the Uengrtil Requ�rem gals, 131 Resident Project Representative --The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples --Physical examples of materials, aluipment, or workmanship that are representative of saute portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35, Sloop Drawings --All drawings, diagrams, illustrations, schedules and other data or infonuation which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1,36. Specifications —Those portions of the Contract Documents consisting of written technical dlescripliorvs of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subconbractor--An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.35. Substantial Completion -=the Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by INGINEBR's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued when the Work is complete and ready for final payment as evidenced by ENCMMTR's written recommendation of final payment in accordance with paragraph 14.13, The terms 'substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 139. SupP1en?0Var7+ Conditions --The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier —A manufacturer, fabricator, supplier, distributor, "late, Wallin or vendor having a direct contract with CONTRAC'I'01i or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1AL Underground F'acilifles—All pipelines, conduits, ducts, cables, wires, manholes, vaults, links, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to famish any of the following services or materials: electricity, gases, steam, liquid petrolcum products, telephone or other rnu, cable television, sewage and dramagc removal, traffic or other control systems or water. 1 42. Unit Price fPcok-Work to be paid for on the basis of unit prices. 1.43, Iflo is -The entire couplcted construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the conshuction, and performing or furnishing services and furnishing documents, all m required by the Contract Documents. 1.44. Work Change Directive --A written directive to CON, rRACFOR, issued on or alter the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen Physical conditions under which the Work is to be performed as provided in paragraph4.2 or 4.3 or to emergencies under par9graph6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorlwrated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Tinres as provided in paragraph 10.2 1.45. Ihritfea Amendment -A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonenguneeiing or nontechnical rather than strictly construction -related aspects of the Contract Documents, ARTICLE 2--PRELIMINARY MATTERS Delivery qJ Bonds: 2.1, When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies q%Documents: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be frrrrushed, upon request, at tine cost of reproduction. Coauneaceuent Of Conn act Tinres; Notice to Proceed 2.3, The Contract Tunes will commence to run on tine thirtieth day after the Effective Date of the Agreement, or, EICDC GENGR:V, CONDITIONS 1910-8 (1990,Edition) w/ CITY OF FORT C()LLINS MODIFICATIONS (RLV 4i2000) if a Notice to Proceed is given, on the clay indicated in the Notice to Proceed. A Notice to Proceed may be given at any thus within thirty, days after the Effective Dale of Ore Agra ern ant.-4a-iae--ewwt-will-ilia.-8oniraei--;f4+tws esniruznce-to-run-later-than-the-s+x4ielh-clay-after-{ho- day, OFBidbpeningafter Date ef- the flgreanen[;-ss=lveMevaraiale-isearlier. Starting the 111orB: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Tunes commence to run, but no Work shall be clone at the site prior to the date on which the Contract Times commence to run. Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents anti check and verify pertinent figures shown thereon and all applicable fielcl measurements. CONTRACTOR shall promptly report in wilting to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall ob4ain a written interpretation or clarification front ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (miles otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1, a preliminary progress schedule indicating the times (numbers of clays or dates) for starting and completing the various stages of the Work, including any Milestones specified in One Contract Documents; 2.62. a preliminary schedule of Shop Driving and Sample submittals which will list each required submittal and One fillies for submitting, reviewing and processing such submittal; 2.621_.—IIn no case will _.e _schedule be acceptable which allows less than 21 calendar days to each review by ]inaineu 2.63, A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.9- Before any Work at the site is started, CONTRACTOR and-OAYP.rER shall each deliver to the other OWNER, with copies to zash-addiNona�nasuxcd idetnt9fENGINEER, certificates of insurance (and other evidence of insurance avhish-eilhe+-of-ilacwi-ex-Fury-edditir�nal--insurad--ivay reasenebbly�—ror{uest requested_ y OWNER-) which CONTRACTOR and-O??';;;,' <-r�sfxetival},-.art is required to purchase and maintain in accordance with paragraphs 5.4�:6-ancl 5-:7. Preeonslraction Conference: 2.5. Within hventy clays after the Contract Times start to run, but before any Work at the site is started, o conference attendee! by CONTRACTOR, EsNGIDI]?ER and others as approlviate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Pa}anent and maintaining required records. Initially Acceptable Sehedales- 2.9. Unless otherwise provided in the Contract Documents, m-least-tendays-before-submission-of-the-first Application -for -Payment before work at the site begins, a conference attended by CONTRACTOR, ENGINEER and others as appreprirre clesi awn terl byOWNER, will be. held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragmph2.6. and Division I - General Reotfmiicnts. CONTRACTOR shall have an additional ten days to make colTectiOM and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. File progress schedule will be acceptable to ENGINEER is providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither inn lose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR hom CONTRACTOIZ'.s 11111 responsibility therefor. C7ONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable- arrangement for reviewing and processing the required submittals CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3--CONIRACT DOCI,)MEN'I'S: INTI?NT AMENDING,REUSE Luene 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to 61CDC OGNER:V. CONDI 110NS 1910-8 (1990 saltta,) WI01')Y OF FORT COLI,INS MODIFICATIONS (I¢5V 4/2000) describe a functionally complete Project (or part thereof) to be construeteci in accordance with the Contract Documents, Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or Goan prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically collect for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such worsts or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies: 3.3.1. Reference to standards, specifications, manuals or cocles of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effectat the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents, 33.2. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within One Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of die Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to In paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing atonce, and, CONTRACTOR shall not. proceed with the Work affected thereby (except in an emergency, as authorized by pnragnph6.23) until an ,amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWTiER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably .should have known theiuof 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issuecl by one of the methods indicated in paragreplt3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.333, the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result at violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents or employees from those set forth it the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGINEER'S Consultants, agents or employees any duty or authority to supervise or direct the furnishing or perfornmance of the Work or any duty or authority to undertake responsibility inconsistent with tire provisions of paragraph 9.13 or any other provision of the Contract Documents. 3.4. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terns of like effect or import are used, or the adjectives "reesonable" "suitable" "acceptable" "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intender) that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with tine design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing Contract Documents 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one of more of the following ways: 3.5.1. it formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10A), or EICDCGENERAL CONDITIONS 1910-8 (1990 P,dili.a w/ CITY OF FORT COLLINS MODIFICATIONS )REV 4/2000) 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the icqunenents of tine Contract Documents may be supplemented, and mirror variations and deviations in the Work may be authorized, in one or more of the following ways: 3.0.1. A Field Order (pursuant to paragraph 9.5), 3.6'). ENGINEER!s approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEI"R's written interpretation or clarification (pursuant to paragraph 9.4). Reuse of Documents: 17 CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any, thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consulumt, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of 01rTIER and ENGINEER and specific written verification or adaptation by ENGINEER ARTICLE 4--AVAILABILITY OF LANDS; SIIRSiR21rACE AND PHYSICAL CONDPTIONS; REFERENCE POINTS Availabilifp ofLandv: 4,1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be perforated, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR Unon-veasonflble-wraneusacuaxsl- OWNER shall identify, any encumbrances or restrictions not of general application but specifically related to use of lands so Jul nished with which CONTRACTOR will have to comply in performing the Work.. Easements for pemmnent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or One Contract Times as it result of any delay, in OWNER's furnishing these lands, rights -of - way or easements, CONTRACTOR may make a chain therefor as provided in Articles 11 and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage or materials and equipment. 4..a Subsurface andPikisical Confi'tiors: 4.11. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of 4.2.1.1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions of or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.2.2. Limited Reliance by CONTRACTOR Authorized; Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR may not rely, upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 4.2.2.1, the completeness of such reports and drawings for CONTRAC'TOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and Procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and infonuation contained in such reports or shown or indicated in such drawings, or 42.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Differing 811b,najace o/ Plrysieal Conditions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in Inragmphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.32. is of such a nature as to require a change in the Contract Documents, or 4.23.3. differs materially from thatshown or CICDC OTNERAL CONDITIONS 1910-5 (1990 CAitiat) w/ CI I OF FORT COLLINS MODIFICATIONS (12} V 4/2000) indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Docum enis; then CON'I'RACI'OR shall, prorptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as pemlitted by paragraph 623), notify OWNER and ENGINEER in wanting about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. EWC]MEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Documents Change: If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Work Change Directive or a Change Order will the issued as provided in Article 10 to reflect and docunsent the consequences of such change. 4.2.6. Possible Price and Times Aajnstmews. An equitable adjushment in the Contract Price or in tine Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR's cost of, or time required for performance of the Work; subject, however, to the following: 4.2.6.1. such condition most meet any one or more of the categories described in Inragraphs 4.2.:3.1 through 4.2.3.4, inclusive; 4.2.6.2, a change in the Contract Documents pursuant to paragraph 425 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, illy adjustment in Contract Price will he subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall notbe entitled to any adjustment in the Contract Price or 'rinses if; 4.2.6.4-1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR. trade a final ccnnnnittnent to OWNER in respect. of Contract Price and Contract Tunes by the submission of a bid or becoming bound under a negotiated contract; or 42AA2, the existence of such condition could reasonably have been discovered or revealed as a result or any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR'S making such final commitment; a' 4.16.4.3. CONTRACTOR failed to give the written notice within the time and is required by paragraph 4.2..3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a dour may be made therefor as Provided in Articles 1 I and 12, However, OWNER, ENGINEER and ENGINEHR's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with i nv other project or anticipated project. 4.3. PApsical Condifions--Underground Precililiesr 4.3. L Shown of Indicated. The information and data shown or indlicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data famished to OWNER or ENGINEER by the owners of such Underground Facilities or by others- Unless it is otherwise expressly provided In the SupplementaryConditionu: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such infomtation or data; and 43.1.2. The con of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Docuntents,(iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph6.20 and repairing any damage thereto resulting ftom the Work. 43.2. Mot Shoarn or Indicated: If an Underground Facility is uncovered) or revealed it or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, promptly inunediotey after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work, in connection therewith (except in an emergency, as required) by paragraph 6,23), identify the owner of such Underground) Facility and l?ICM7GENLR.4T, CONDITIONS 191 a.S (1990 Rdifon) w/ CrI'Y OF FORT COLI,IN.S MODIFICATIONS (ItPV 4/2000) give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER concludes that a change In the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in Innigraph620, CONTRACTOR shall nm be allowed an immcase in the Contract Price or an extension of the Contract 'Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not rcasorably have been expected to be aware of or to have anticipate( IfOWNI?Rand CONTRSCT012 are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles I I and 12. However, OWNER, ENGINEER and ENG)NEER's Consultants shall not be liable to CONTRACTOR for any clains, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points.- 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGI.NEHR's judgment are necessary to enable CONTRACTOR to proceed with the Woi It, CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.s. Asbesto.g PCBs, Petrolea/n, Hazardous Wasle or Radioactive Nateriak 4.5.1. OWNER shall be responsible for any Asbestos, PC13s, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work it the site, OWNER. shall not be responsible for any such materials brought to the site by CONTRACTOR Subcontractors, Suppliers to anyone else for whom CONTRACTOR is responsible. a�'Orlc alOPp9ge{N-SdGh-SpOCia}£(jA<IINPHS-underi4hiC}n Work -is. greed by-CGN'TRACTOR-lo-bo-rc.lumecr eitber-party-nttu�iHako-a-ektiitt-thuefcar-es-pwvided-in :4rkicles-l-l-axd-}3. -0.33-FC--after raseipt-�f-sue{n-syesial-wc-inter-ttotisa CGNN-T42AG;TOR <leasa nt-agreee-to-resume-such-work {3ased-un-Fl-reasormk�te-behel-It-Iwltsafe,-or-does-not ag+ae-te-rastHme--suelj-1ltode--uHdcr-such-special conelit-ions,-their-01NAtBR�nay-elflel such-porrion-of thc�-1Votac�}rat-is-iH-eonneetio�a-tstit{njt3ch�nazaaalaus condition -grin-sueh�ffcctad-area-tube-eleleted-ti our the 1Ht3t{e-I£-OtVAr1:R-and-CONE-RAC-'1'-OR-eanrnot agree alto-entitle'lmnt-Eo-eiuho-anttauuEor-a?,xent-of.art adjustment-iC-anytin Gonlrac PrieeK>r-Oonmxct'f Imes as -a -result -of -deleting -such -portion f the- VSfl ; then eitAary�ar�}=ma}�-make-a-e{uim-therefor as-provided4rt Arlie{es-1-1and-1?.--OW NfiR-mat}�hawr sueh�{eleted {>Artion-a€-th��'a„' r��rfoitinad- {��-(34rFN£��'s-onw forces -or otherf. m accoiclance-with-Article-7- �_tlne-fo{lest-extent-peAnBHed-by-moans-aad RagaIAtices-laluP}yR-shnl{-iadont+tify-sxnri--Auld hanaHkssC�L>v�RA6}(IR-�ut�ntrnctors: Iy'dGP.�}EET�--ENGF.dC�ER'.s--C'cxtsullflnis-xnd-N3e cafGcers—cbrastors,-ettry3l u}�uos—agents;-othsr� eoaseknnks-anti-subcorNrack>rs-ef mask-an<1-anv-of own negligence, 4:S3=Fhe-prawsions.}iantgraphs-4=enok4-xre net-iAtetx{ed-te-apply-to-P,sljestos-PCBs-Petralenm; I-1az<nrdous -Waste-or -Radioacfive-Material-uncovered or-iavealod�n!-{ho-sin r EJCDC GENERA. CONDi770NS 7910.8 (1990Etliniat) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) ARTICLE 5-M)NDS AND INSURANCE Pmjormance, Payment and 0therBcardy, 5.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTORS obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes clue, except as provided otherwise by Laws or Regulations or by the Contract ]documents. CONTRACTOR shall also furnish such other Bonds as are requ ued by tine Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as Provided othervise by Laws or Regulations and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Stag Bureau of Government Financial Operations, US. Treasury Department, All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 52. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt of becomes insolvent or its right to do business is terminated in any, state where any part of the Project is located or it ceases to meet the requirements of pamgmph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which nntst be acceptable to OVALR. 5.3. Licensed Sureties and Insurers; Ce13ifEcates of Insurance: 5.3.E All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required Such surely and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.32. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Suppleulemvy Conditions, certificates of insurance (and other evidence of insurance requested by OWNRiR. or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with poragniph 5.4. OWNER chaff deilver-to-C(�I�7-RA{'PC���vith--copies-tom-cash aelditiona{-insurecl- identified -in-the-$upplenrerntar}+ 4,enctitions-certificates-tat-insneanee-(annE!-otAer- av-idu�wef-ersurnnec-rzquesNhd-by-CUNT-RAC'FOR ernny-ethc additierm{--tnsuA d)-w{»olr- VNIE-R-is required -to purchase -and maintain in accordanco-with parngral?Isss,Ca-end37-heroeL CONI'RI CTOR',s Liability Itsurance: 5.4, CONTTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being t>Cdormcd and furnished and as will provide protection front clauns set forth below which may at ise out of or result front CONTRACTOR's performance and fllnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to Ix performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly ie indirectly employed by any of then, to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims tinder workers' compensation; disability benefits and other sin, filar ant ployee benefit acts; 5.4.2. claims for damages because of bodily injury, Occupational sickness or disease, or death of CONTRACTOR's employees; 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; `T4-..'.-c-laitus-Cer�lmneo v; -insured-f,f=cAskemnry personal-injury-]iebility-coverage-which-i,re-sustaiAc�1= (ij-b+zany-yersen-as-tr-tasudt-O€+tA-oFferse<{ir..e:1{y-er indlreetly-ralated-to-thetvnployment-of-such-person-by (:OPFTIbAC-T49R-tar-(-ti}{>y�aA}�-ether yelson-£or-aAy other -mason; 5.4.5. claims for danigcs, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6 clauns for damages because of bodily injury, or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5A to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.43 through 5.4.6 inclusive and 5..9, include as additional insureds (subject to any customary exclusion in respect of professional liability), OWNER, ENGINEER, ENGINEER, Consultants and any other persons or entities identified in the Supplementary Conditions, all or w,on, shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.5. include the specific coverages and be written for not less than the luuits of liability provided in the Supplementary Conditions or required by Laws ce Regulations, whichever isgreater, 5.4.9. include completed operations insurance; EJCDCOENERAL CONDITIONS 1910-S (1990 Edition) wICITYOy FOR) COLI.INSMODIPICA'r10NS(REV4/2000) 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 633; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been given to Ol>,N-ER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom I certificate of insurance has been issued (and the certificates of insurance furnished by the CON'1•RAC'FOR pursuant to paragaph 5.3.2 will so provide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12; and 5.4,13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of site)) insurance at final payment and one year thereafter). OIIWER's Liabi(itj? Insurance: 5.5. In addition to insurance required to be provided by CONTRACTOR uncles paragraph 5.4, OWNER, at OWNER's option, jury purchase and maintain at OWNER'S expense OWNER's own liability insurance as will protect O WNER against clauns which play arise front operations under the Contact. Documents. Proper4i, Insurance: 3:6-....-link+ss-okkevxiso-yrav-ided-irrihc�5upylennentary (.�OAdI}1oAS,�iriiAvl�9hRli--pdrf+hPSGiand—'il,flintH3A t�1�1`u�+AseetipeA-thel�rent:-aHhesiiavi-theamortAt of -lino -fat I-tv ylacemcwt-cost-tl,eteol=(subjec-t-to-sac-h deductible--ameuAts--Ps-at;i.)-ce-pravi<led-in-the 'it���leiiBAEfl[j�pAdl{10A4--(9i--IbEjHlred—%�—Lfl;t'9-41Ad Rera{afiAAs�=This iAsuAincashPll- :6d—uiekude—Ehe--it,terescy—ef=-9{A4�FLIi; CONt1=l2�fOR, Sufx;uAkac4ers;---ENGI?J{i;El� f>NC-;IArEE'�s-Gcat)su{taAts-and-Pxj�et#ser--yersoAs-ur entities-i<laAEified-in-the-Sal�vnaANtg•-f-oAditioAs; each-ofwhom is-deemecl4o-have an -insurable -interest and -shall -be listed ns�an-insured-or-additionaltiAsuied, 5:6.2be-written-on-a-Builder-',-Disk-Ball--risk'=or oywx-paeil-or-special-ePus�*s-t)f-lass-yalisy-fert„�t ska{I-et-least-iAslade-iAsaraties-feey3hysieal-kucs-er damaa�e-tothe�lret{r, teneyera{y-htaldiAgs-falseworle and -Work -in -transit -and -shall -insure -against at -least tile-following-jwriIs, fire, lightning -extended coverage;-then-vanda33sna-end-aaan{w,ueds-taa+ssbief ea#la�lz,-c�alkryasu-r3alseis-renaovn3-dwuoli4ien oc��sioned-day-a�tCeinent-ol=L-ajvs-and-32rgd{ations; watea�dmnege-tnad-such-ether-{aatf4s-as-naey-ko s{3ec-ificallyrec}diredky�4he Sdpyloixentnry-(=enditions; (�. the-_ repair -flr ry3lacenaent Of-any-insured-pr'opeHy(including butiaot oroited-to-fees-and--claerges-d -eadin s--aa<{ flrhhects}; 3,�:4:-coveraaaatarialsancicHuipnaent-stored-etika-site or-at-axother-IoeaiioMhei-was greed-to-in-avritirg by Olr✓\9312-{>rior-to-lxing-incor)arnated--in-the-l4rm3:; }arovided�kat-seek-niakv'ia3s-and-ectdi}>naentaaavela vra included titran--iplieatioa-fear PayvnenH econxnended by- 11 NCINF,LR;ata(1 3�3--ke-tnaira<:aideEi--it�a(loaf-aahl-f-final-ryuytaiewt-is naada-uxless--otherwisa�gretd�.o..-in-- vfiting--by L�,�A'f'.'{�-6(�PFF32�.C�'F3I2-uncl-3�FC=rI#Nlil2-wick thi#yzal�vritteA--neliso-te-enck-etkmr-eddition� insurecl-to- rhornra-eeHi(icrete-eC-insurance-has -been issued- eenlflan---waivef--{3revisisns--in--accordance—witk paragrapH3:-1-1- 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in tko-g4ar#-to-ihe-extent-of-an}�Aaddstibla-emounts4fraEar,I idenHTie(lyrrNaa Suppleflnerit�y-C-cixditians-3-ha-rislE-of {ass-withua-suck-identified-dedustiHleamodnt-�til3-fiakiatao 41) -C(4WR ACF0R-5 boo, rtrastoF-o lhe�y sdch�.-;ems-a;,a-:€-any--of-them-wishes-prolaart3tins+.va�a coverage -within -the -limits -or sueh-anxounts-each-may purchase-aeadivaintaita-i4aHh� pue'ckosen's-txvttaxg>enso- 5:107--Ifin, writing -that -other sip'e'c"i'a'l-insurance-be-ins4uded-in-ika-proper?�v-ir>.suranee yam,.,,.+5-pr6t4dafl-undCf--taEd"agfaphs3-H-dF3:%-,-OWNINd shah-tf-pessib}e-ixelude-sueh-insritt ce-and--Fhe-eosE thereof -will 1 charged-to-C(-NI-R,'G OR-by-apprepriate Change- --Order -or--Written�-;Amendment; -Prior-4o 10&1CDCGGNHR.4LCONUITION51910.8(1990 Gdjn,,) e+/ CITY OPFOR r COLLINS MOD➢RCM IONS (RFV 4/2000) coraxnancernent-of-the-Wark�at-dao-site� 03Y?Frlt-sMal3-in +vriling-adv-iso-S�ii��1'I2AE'&9}Civhetherer-act-seek-rather uvsdranse-keskeert}xocwedla}�I� 544--1441i�f4Fighiw- 5AA-2--In-oddition�- W-NER--waives--afl-right against ^ON4-j-a,{','{'OR _S11beantraetors; ENGINEER, ENGFNRER:. Consultants--and---the them,rs, dit'estors�auaploywas-andiagants-of-any-ef their, -Car 4-usese-o -1- lessKlueie-business-utter >4icar�-bss foa:.-eNaer--ednsaryden[id3-loss-eac{aading beyond-direct--pkysic�dl-Iosr-er-�3adaage-to 9Kinn; property-or-tke-l�ror{F--cadsed-Hy; arising-taut-afar-rasdking-fitaaa-fx.�or-ot3aer{aar+l; whel#aer-or-net-insured-ky-OWNI:R; and Asay-insuianso-pelicy-naeintained-ky-9L1rN£R-eevering array -lass, daaaaugo-or-conser{uertiiat-kris-r¢for�ed-fain-tkis piiragreplr3,d-Ia-skal3 rsAan3jpr ,isienstoAe-eEfeet-Nnat m-}he-event-of-payment-of any -such -dosses damage -or consequential loss-the--ixur*rs-avill-have--no-r40s-of 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 17, 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. City of Fort Collins OWNER By. t JD B. O'Neill, II, CPPOGP tor of Purchasing & Risk Management 9/12/01 Section 00510 Page 1 i'ecovety-against-any-of-(-'QN4'-R 4CTOR-Subee ilmens rs; Iv4L3IN7%T>R;-liNC-i INRS}i72's--F:onsultants-a+�el-Fla-E>llic�rs; direr-torstsnrpleyeassnd-agentsa€any�oC4hetn- Receiptand Application af1nsurancel3rocee11,s: 5.12, Any insured loss under the policies of insurance required by paragraphs5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5,13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the patties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Anhendinent. 5.13, OWNER as fiduciary shall have power to adjust and settle any loss with file insurers unless one of the parties in interest shall object in writing within fifteen clays afte the Occunance of loss to OWNER's exercise of this power. lfwch objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached. OWNER as fiduciary shall adjust and settle the loss with the insurers and--i{=requirec<I- in-wraHa� hy-any-pert)=in interest,- OWNER—as--fiduciary--shall--give---bond--for-the projael i evRim ance�f-such-duties. Acceptance of73on(& and Insurance; Option to Replace 5.14. If either -CONT=RACTOR) OWNER has any objection to the coverage affix ded by or other provisions of the I3enc4-or insurance required to be purchased and maintained by the other --party CONTRACT in accordance with Article 5 on the basis of non-confonnance with the Contract Documents, the epbjecYing-pmij�^,1m{1-so-noti;jy{pe�pther-tnaity OWNER will not CONTRACTOR in writing within ien fifteen days after wsagat delivery of the certificates (er athev-evddarhsa requested) LQ—OWNLIi_ as required by parimmph 2.7. Pmlial Utilizanion--P ropoij, Insurance: 5.15. IC OV IC' R finds it necessary to occupy or use a portion or portions of the Work prior to Subetential GrCDC Gr,NCRAI. CONDITION,,S I910.8 (1990 GAilion) w/ CITI' OP PORT' COI.LINS MCIDIPICATIONS (ILSV I,2000) Completion of all the Work, such use or occupancy may IV accomplished in accordance with paragraph 14.10; provided that no such use or occupancy .shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6--CONTRACTOR'S RESPONSIBlUTIES Supervision and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying sucC skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, ntelhods, techniques, sequences and procedures oi, construction, but CONTRACTOR shall not be r�ponsibhe for the negligence of others in the design or specification of n specific nhcans, methal, talntique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinmy circumstances. 'I'Ile superintendent will be CONTRACTOR'S representative at the site and shall have authority to act on bshalf of CONTRACTOR All comnnunications to the superintendent shall be as binding as if given to CONTRACTOR. Lubin, Materials and F.rpripnent 63. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out. and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain goal discipline and order at the site. Except as otherwise required for the safety to protection of persons or tie Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not penmit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. CONTRACTOR shall submit requests to the HNGINl l-,R no less than 4S hours uh dvanee of any to be perlomicd on Sautnlav Sunday Holidays or outside the R gul•ir V✓ork¢I3ours. 6A. Unless otherwise specified in the General Requirements, CONTRACTOR shall famish and assume full responsibility for all materials, equipment latter, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.4.1 Purchasing Restrictions CONTRACTOR must comply with Uwe (' l's�rchasmg restrictions. A copy of the resolutions are available for review —in —the offices of the Purchasmg_and ]task __hQa�na�eetn ent Division or the CItV (,lerk's office 642 Cement Restrictions: City of Rorl_.. Collins Resolutnon97_121 requirestha[sul)plrersandpraducem of cement or products contanningccemen� to ce ii( that the cement was not nidejn cement kilns that burn haardous w stc as a fuel 6.5, All materials and equipment shall be of good quality and new, except as otherwise provided in the Contact Documents All wmranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OIVI ER If required by ENGINEER, CONTRACTOR shall fairish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or I,,hlestones). Such adjustments will conform generally to the progress schedule then in effectand additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjusunents in the progress schedule that will change the Contract 'Times (or Nfilestones) shall be submitted hi accordance with the requirements of paragraph 12.1. Such adjusunaenls may only be made by a Change Order or Written Amendmentin accordance with Article 12 6.7. Substitutes and "Or-1ulual"Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Doctanents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless die specification or description E]CDC GENERaV. CONDITIONS 1910-5 (1990 EditiNa) 12 IV a 1Y OF FORT COLLINS MODIFICATIONS (REV 4/1000) contains or is followed by words reading that no like, equivalent. or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may he accepted by ENGINEER under the following circumstances: 6.T1.1. "Or-F.gual" If in E rNTEER's sole discretion an item of material a' equipment proposed by CON'TRAC'FOR is functionally equal to that named and sufficiently similar so that no change in related Wail: will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER'S sole discretion, Ile accomplished without compliance With some or all of the requirements for acceptance of proposed substitute items. 6.7.12. Subslilule Items: If in ENGINEERS sole discretion an itwn of material or equipment proposed by CONTRACTOR does not qualify as in "or -equal" item under subparagraph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow, ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that manned and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGWEI-712 may decide is appropriate under the cimuustances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be sunilm in substance to that specified and be suited to the same use as that specified. The application will state the extent, if any, to which the evaluation and acceptance of the proposed .substitute will prejudice CONTRACTOR'S achievement of Substantial Completion on time, whether or not aceeplance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed .substitute and whether or not incorporation or use of the substitute in connection with the Work is subjectto payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. Tile application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and clainns of other contractors affected by the resulting change, all of which will be CONTRACTOR shall uefonn not less than 20 considered by ENGINEER in evaluating 6te percent of 4me Wort. ualh qs oy}n forces,�thsL rsis proposed Substitute. ENGINEER may require without sufficontractmo.11c 2rcent requirement CONTRACTOR to furnish additional (late about shall be understood to refer to the Work the value of the proposed substitute which tot -totals not less then 201?ereent of the Contract P ice. 6.7.1.3. C'OAn77L1CTbR's Expense: All data to be provided by CONTRACTOR in support of any 6.8.2, If -the- Supplementary -Conditions Bidding profelixid "or -equal" or substitute item will he at Documents require the identity of certain CONTRACTOR'.s expense. Subcontractors, Suppliers or other persons of organizations (including those who are to furnish the 6.7.2. Substitute COMP710110A A2elhods or principal items of materials or equipment) to be Procedures: If a specific meant, method, technique, submitted to OWNER in-advance-oCthe-speehied sequence or procedure of construction is shown or date prior to the Effective Date of the Agreement for indicate([ in and expressly required by the Contract acceptance by OWNER and ENGINEER; td-if Documents, CONTRACTOR may furnish of utilize a CON-TRAC-OR--Iran-suhxviiied a-list-IJaeraof--ire substitute means, method, technique, sequence or accerclanea--with�ha-�uppleeaantaty-Gonditiens•, procedure of construction acceptable to ENGINEER. OWNER's of ENGINEER's acceptance (either in CONTRACTOR shall submit sufficient information to writing or by failing to make written objection thereto allow ENGINEER, in ENGINEER's sole (discretion, to by the date indicated for acceptance or objection in determine that the substitute proposed is equivalent to the bidding documents or the Contract Documents) of that expressly called for by the Contract Documents. any-sta SuL�centveeteF-Supplier-eF-ether-parson-ar The procedure for review by ENGINEER will be orlumbxition-so--identified-may-be-revoked on -the similar to that provided in subparagraph 6.7.1.2. basis raesona131e••ol�}ec�ien-nHe+-due-invastigatien; its--e4 ich-casa-09NT-R-JQR-sh9l-Selena-an 6.7:3. Engineer's Evaluation: ENGINEER will be aoee table-saFishiate; the-Conkaet--Free--wiN--be sllowed a reasonable time within which to evaluate adKxstad-try-t#te-ditCewnee-i+rtHertost-eocasiene({-by each proposal or submittal male pursuant to such-sabstikarion-and-an-apprepr-fate-Chango-OrAar paragraphs 6,712 and 6.7.2. ENGINEER will he the ',tifl]-be-issues{-ar-tYritien-Amendment-signed: win sole judge of acceptability No "or -equal" or constitute a condition of the Contract requirinC the substitute will be ordered, installed or utilized without the name([ sybcontraclo�'s use of rr oth — ENGINEER's prior written acceptance which will be .-guppliers_oe — _.. _ pesons or organizatnon on the Work unless prior evidenced by either a Change Order or an approve([ written, ipproJal is obtain([ from OWNER_and Shop W Drawing. OWNER may retuire ENGINEEcc R_ No aeptance by OA"nNER or CONTRACTOR to furnish at CONTRACTOR's ENGINEER of any such Subcontractor, Supplier or expense a special perl'onnance guarantee or other other person or organization shall constitute a waiver surety with respect to any "or -equal" of substitute, of any right of OWNER or ENGINEER to reject ENGINEER will record tine required by defective Will k. LNG MEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by 69. CONTRACTOR pursuantto paragraphs 6.7.12 and 6.7.2 and in making changes in the Conduct 6.9.1 CONTRACTOR shall be fully responsible to Documents (or in the provisions of any other direct OWNER and ENGINEER for an acts and omissions conuacl with OWNER for work on the Project) of the Subcontractors, Suppliers and other persons ocatsioned thereby. Whether or not ENGINEER and organizations perforning or furnishing any of the accepts it substitute item so prolosed or submitted by Work under it (direct or indirect contract with CONTRACTOR CONTRACTOR shall reimburse CONTRACTOR just as CONTRACTOR is OWNER for the charges of ENGINEER and responsible for CON1'RACTOR's own aces rest ENGINEER's Consultants for evaluating each such omissions Nothing in the Contract Documents shall proposed substitute item. create for the benefit of any such Subcontractor, 68. Concerning Subcontractors, Suppliers miel Supplier or other person or organization any contractual relationship between OWNER or Clthere: ENGINEER and any such Subcontractor, Supplier or other person or organizatiom nor shill it create any 6.8.1. CONTRACTOR shall not employ, any obligation an the part of OWNER or ENGINEER to Subcontractor, Supplier or other person or organization pay or to see to the payment of any moneys (due any (including those acceptable to OWNER and such Subcontractor, Supplier or other person of ENGINEER is indicated in phonograph 6.8.2), whether organization except as may otherwise be required by initially or as it substitute, against whom OWNER or Laws and Regulations. OWNER or ENGINEER may ENGINEER may have reasonable objection. furtish to a»�subconit'a, tor- suntslier or_other tensor CONTRACTOR shall not he required to employ any or 9r anvmhon _eviclence of amounts paid to Subcontractor, Supplier or other person or organization CONTRACTOR in accordance with to runtish or perform any of the Work against whom CONTRACTOR'S "Ap n11 ications for PPytnenC', CONTRACTOR. has reasonable objection. P.JCDC GENERAL COMA TJONS 1910-8 (1990 Edition) 13 av/ CITY OP PORT COLLINS MODIFICATIONS (REV 4/2000) 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors. Suppliers and other persons and organi>ntions performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organimlions performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing ehe Work among Subcontractors or Suppliers or delineating the Work to be perfonrod by any specific uade. 6.11. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Sub 10tor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER, WhanaveFan}=-suuF+agxee�uent is-wiih--a-Su4soeintvae{oror Sapp}iar-;rhe-is-listed-as-an HddHteHHl-msufa(1-en-the-pFopef{y-inSufmree-i„o:;ded-rn pafagrapks3-H—or��-the—Hgreement—heNvean--lha f=E)1ar1=&ASFC�R-emd-the-SuHeutsknetoF-er-S,uBrylior-wit{ Patent lees and Royalties: 6.12. CONTRACTOR shall pay all license lees and royalties and assume all costs incident to fire use in the perfonmance of the Work or (lie incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the perfonuanee of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license Fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGMiER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting final any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting flout the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents. 14 EI(DC@ENERALCOMMONS 1910-8 fI990r.&am) w/ C'rY OF PORKCOLLIN'S MODIFICATIONS (REV 4/2000) Permits: 6,13. Urdess otherwise provided in the Supplementary Conditions, CON'TRAC'I'OR shall obtain and pay lot all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining, such permits and licenses. CONTRAC'J'OR shall pay all .overancntal charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant Investment fees. 6.14. Laws and 1Zegulatioas: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and perfomtance of the Work. 'Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CON'TRAC'TOR's compliance with any Laws or Regulations. 6.142. if CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's printer), responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR'S obligations under paragraph 332. Taxes 6,15. CONTRACTOR shall pay all sales, consumer, use and other similm taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the plan: of the Project which are applicable during the perfomtance of the Work. 6 15.1, OWNER is exennx Gam Colorado State and local _sales_n_d,_u_c _tfuxes_ on .m_aterials, to be pennnnently incorporated into the project Saidd taxes shall not be inolu(led in the Contract price d(hess: _Colorado Department of Revenue State Cao tat I Annex 1375 Sherman Stoiet 1)_enver Qolomdo, R0261 Sales and Use 'faxes for the State of Colorado Rcgiotnl Fran-pornhon_Dearic>�1t1IJ)_and _crlau? Colorado counties are collected be _ the State of —_ Colorado and ,are mcluded_n the Centj_ficatipn of fixent hol-I All applicable Sales and Use 'Faxes (includr?g Slate collected axs,�emact nestl_uctions)o a=d butkGn� materals,phsicell mcorlrated into the project are to bepaid by C C)N'CRA(,'FOR and are to be included in apf>ropna0., bid items, Use of Premises. 6.16. CONf12AC'FOR shall confine construction equipment, the storage of natenals and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any (ferriage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any cleun be made by any such owner of occupant because of the performance of the Work, CONTRA(:FOl2 shall promptly settle with such other patty by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law- CONTRACTOR shall, to the fullest extent permitted by J.,aws and Regulations, indemnify, and hold harmless OWNER, ENGINEER, ENGMEPiRs Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and (damages arising out of or resulting from any, claim or action, legal or equitable, brought by any, such owner or occupant against OWNER, ENGINEER or sty other party indemnified hercunder to the extent caused by or based upon CONTRACTOR's p:rfomnmrce of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises Gee from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR. shall remove III waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18, CONTRACTOR shall not load nor puntit any part of any structure to be leaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: 17JCDC GENERAL CONDMON.S 1910-s (1990 Ecfition) w/ (TIY OP FORT COLLINS A'IODIFICA]rONS (REV 4/2000) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments. Change Orders, Work Change Directives, Field Orders and written interrelation and clarifications (issued pursuant to paragraph 9A) in good order and annotated to show all changes made during construction These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGNIEER for reference. Upon completion of the Work, and prior to release of final rJ. aying these record documents, Samples and Shop Drawings will be delivered to ENGINMR for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage, injury or loss to: 620.1. all persons on the Work site or who may he affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with ell applicable Laws and Regulations of any public bady having jurisdiction for safety of persons or property or to protect them from (damage, upury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facit ties and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their proerty, All damage, injury or loss to any property Iefened to in paragraphs 6.20.2 or 6.20.3 caused directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of therm to perform or furnish any of the Wort: or anyone for whose acts any of them may be liable, m shalt be reedie(I by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications a' to the acts or omissions of OWNER or ENGINEER or ENGNL'ER's Consultant or anyone employed by any of them of anyone for whose acts any of them may he liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcona'actor, Supplier or other person or organiwtion directly or indirectly employed by any of them). CONTRACTOR'.s duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGNEER has issued a 15 notice to OWNER and CON'rR4CTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. SafelP Representative, CONTRACTOR shall designate a qualified and experienced safety, representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Nawrel Communication Programs: 6.22" CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance, with Laws or Regulations. Etnergeneies: 6,23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER, is obligated to •,lot to prevent threatened damage, injury or loss. CONTRACTOR .shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work of variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive of Change Order will be issued to document the consequences of such action. 6.24. Snap lJrmvings mulSnmples:• 6.24 1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample .submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in tine number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and srnilar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6,24.2. CONTRACTOR shall also submit Samples to ENGINEER for review, anti approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the bruited r7CDC GF,NERA1. CONDMONS 1910S (1990 Gdia.a 16 w/ I Y OP PORT C01.1,INS MODIFICATIONS (IiGV a/I00e pugncses required by paragraph 626. The numbers of each Smnple to be submitted will be as specified in 1110 Specifications, 6.25. Submittal Procedures: 6.25.1. Before submitting each Shop Drawing or Sample. CONTRACTOR shall have detern,mod and verified: 6,25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25"1.1 all information relative to CONTRACTOR's solo responsibilities in respect of means, methocls, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed anti coordinated each Shop Drawing or Sample with other Shop Drawings and Samples anti with the icquissuents of the Work and the Contract Documents. 6.25 Each submittal will bear a stall) or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of thatsubmittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific narcitten notice of such variations, if any, thatthc Shop Drawing or Sample submitted may have from the requirements of the Contact Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause, a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review anti approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 29. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, alter installation or incorporation in the Work, conform to the information given in the Contract Dwunems and be compatible with the design concept of the completed Project as a functioning whole as indicatecl by the Contract Documents. E'NGINEER's review, and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, nnethod, technique, sequence or procedure of consnvetion is specifically and expressly caller) for by the Contract Documents) or to safety precautions or programs incident thereto The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of collected copies of Shop Drawings and submit as required new, Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review kind approval of Shop Drawings or Scruples $hall not relieve CONTRACTOR from responsibility for any variation front the requirements of the Contract Documents unless CONTRACTOR has ut writing called ENGINEER's attention to each such variation it the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR front responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing end Sample submissions accepter) by ENGINEER as required by p aragnph 2 9, any related Work performed prior to ENGINEER's review and approval of the pertutent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6,29. CONTRACTOR shalt carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disegreentents, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in wl iting- 6.30. CONTRICTOR's General lymrrmil, and Guarantee: 6.30.1.CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1, abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2, CONI'RACTOR:s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following \kill constitute an acceptance of Work that is not in UMC GENERAL CONDMONS 1910-8 (199e Sanion) w/ CITY OF FORT COLLINS IVWDIFICA"rtON3 (RLV 4,2000) accordance with the Contract Documents or a release of CONTRACPOR's obligation to perform the Work in accordance with the Contract Documents: 630.11, observations by ENGINEER; 6.30.2.1 recommendation of any progress or final payment by ENGINEER; 6.30.2.3, the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.302.4. use or occupancy of the Welk or any pan thereof by OWNER; 0.30.2.5. any acceptance by OWNER or any failure to do so; 630.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7, any inspection, test or approval by others, or 6,30.2.8. any correction of defective Work by OWNER. Indemnification: 6.31. To the fullest extent pernlilted by Laws and Regulations, CONTRACTOR shall indeatnify, and holcl harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all cleans, costs, losses and damages (including, but not limiter) to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitratiolt or other dispute resolution costs) cause(] by, arising out of or resulting front the performance of the Work, provided that any such claim, cost loss or damage. (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organiztlion directly or indirectly employed by any of then to perfornu or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity, inclentnified hereunder or whether liability is imposed upon such indemnified party by Laws end Regulations regardless of the negligence of any such person or entity. 632. In any and kill elauns against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, arly Supplier, any person or organization directly or inclireclly employed by 17 any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph631 shall not. be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other mnployce benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not expend to the liability of ENGINEER and ENGINEER's Consultants, Officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival of Obligations: 6.34. All representations, indemnifications, warranties and guammtitees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, Will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7--(YfHER WORK Related Work at Site. Th OWNER may perform other work related to the Project at the site by OWNERSs own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners- If Lire fact that such other work is to be performed was not noted in the Contract Documents. then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (it) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance Will involve additional expense to CONTRACTOR or requires additional tint and the parties are unable to agree as to the amount or extent thereof 72. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNERS employees) proper and safe access to the site and a reasonable opporunaity for the Introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise providul in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several pans come together properly and integrate with such other work. CONTRACTOR shall not endanger any Workof others by cutting, exuhvatine or otherwise altering their work and Will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected, The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable is EJCDCGENTRAI. COMMONS 19I0-8(1990Edititm) w/ CITY OFPOR'1COLUNS MODI6ICA'1'IONS (IUW 412000) provisions for the benefit of CONTRACTOR is said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CON'FRAC'TOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and Proper for integration with CONTRACTOR's Work except For latent or nonapparent defects and deficiencies in such other work. Coorcd'uatiou: 7A If OWNER contracts with others for the performance of other work on the project at the site, the following will beset forth in Supplementary Conditions: 7.4.1. the person, trial or corporation who will have authority and responsibility for coordination of the activities @along the various prince contractors will be identified; 7.4.2, the specific matters to be covered by such authority and responsibility will be ilcnnizcd; and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8--OWNER'S 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR throughLNGINEER. 8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer aga nisi, wlserm-COAL-TR4('1-gR-makes-ne-rzasemrhle-ebjeetiar, whose status under the Contract Documents shall be that of the fanner ENGINEER. 8.3. OWNER shall famish the data required of OWNER under the Contract Documents promptly and shall stake payments to CONTRACTOR promptly when they are clue as provided in paragraphs 14.4 and 14.13, 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragmph42 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER2 in preparing the Contract Documents. 5�.—O4uP7Et2's+as}>Aasibipintas-irzrespec-t-ofl3ur,gesing a nd-m e intahsing-liability-erid�roperly--aivurctn<e-ere-sof Perth -in -paragraphs 5 tlwougls3d 0: 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 9.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in p aragtaph 13.4, 8.8. 1n connection with OWNER's right to stop Well., or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15,2 deals with OWNER's right to temllnate services of CONTRACTOR under certain circturstences. 8.9. The OWNER shalt not supervise, direct or have control or authority over, nor be responsible for, CONTRAC'TOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible for CONTRACTO'R's failure to perform or famish fine Work to accordance will, the Contract Documents. 8 10--OWN]i12's-rupensibili4ltin-respect-of-undisclosed Asbestas-F1�Bs,-=FotroleEer-l-iaaAkieus-lVasta--or Radioactive ,kialzrials-uncovered-Or-revealzd�nl-the-site-is set-forth�rrparaapkr4;3.- 514-if-andto thecxtent-0WNNER-has�greed to4bmish 6:G9Ar1T2�F.:1{91f-eeaseneble---atidence-that -finaneinI anflngententf-(nave-baen--)mPdv�-to-sa'�f3U:IalE1�s Obligations -a nder-the-Cbntraeb-Docwnen[s-0 WNEI2's responsibitiny- et4rih-in4he Supplementary -Conditions,, ARTICLE 9--ENGINEER'S STATUS DURING CONSTRUCTION OIENER's Representative: 9A, ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shill not be extended without written consent of OWNER and ENGINEER. Viisit$ to Site: 9.2, ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER decals necessary in order to observe as an experienced and qualified design professional the progress E1CDC GENERAL CONDI IIONS 1910-8 N 990 r ftionj WI CT'rY OF FORT COLLINS MODEL CATIONS (REV 4ft000) that has been trade and the quality of the various aspects of CONTRAC'TOR'.s executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or cluantity, of the Work. ENGINEER's efforts will be directed toward providing for O1MAZ a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on, site observations, ENGINEER will keep OWNER informed of the progress of the Work and will enceavor to guard OWNP:R against defective Work. ENGINEER', visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without hmitatiou, during or as a result of ENGINEER's on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over of be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. Prcgect Representative: 9.3. If OWNER and ENGINEER agrx, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in lnragraphs 9.3 and 9.13 and--in-thy-$upplemerttary Conditions —of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINF R's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in theme pplemelaaln Conditions rnraeranh 9.3 93.1. The Representative's dealings in matters neraininR to the on -site work will, in Reneral be with the ENGINLLR,. and CONTRACTOR But, the Representative will keep dmeOWNR pro pearly advised about such matters The Representative's dealings with subcontractors will only be throu�tTi-or royal tvnh thv full _ kngwledge and m>axal of the ad RAC 9.3.2_Duties and Responsibilities_ 12e x1 esetqcrtive will: 93.21 Schedules Review the .progress 19 schedule and other schedules prepared by the D( N. AOTOR and _ _consult with the ERG' R concerning acgeplaUlhty, 9 '2, Ccmferences ..and \2eelu7g__,_Attend meeting with the CONCRAC'1'OR such as greconstruction_ conferencesLhrogr'ess maeti_ng_s and other iob conference and pre>Iarc _end circulate copies gf ntinu[as of meetings. 9.3.23. Liaison 9_",2.3.1,__Serve as ENGINEER'S_ liaison with COMMAC tt orkm6 >-L4nlly throueh CONIRACT012 S Superintende_nt to assist the_Cthe C ONTRAC'TOR, in understandine the Contract Documents. 93,132. Assist moobta=ning_Gom,OVVNIER. additional details a_ mnat forrionn when required, for prover execution of the Work. 9.3.2.3.3, Advise the ENGINEER _and C-(�N1RAC1'OR of the cmmen ocement of any -Work _regu_ir1rW,a_Shop Drawmg_ar sntnple submission if the submission has not bean eoproved —I DNGINF.L+R. 922.4.Review of Work. Rei_ec_tion of Defective V_Io,k 7nspectionsand'fests- 9.0 2.4.1_ Conduct ott site observations of —. . It Work in progfess to assist the I N( ER 1n determining_ that the 12tork. js Ixoceecli�n accor<Ianee veldt the Contract Documents. 9.3_2.4.3. Accomrnny visiting ij M.octors representing public or other agencies having jurisdiction over the Project record tile results of these inspections and report to the ENGINEER. A 3 2 5 Interrtxetation of Contract Documents Report to LNGL1\TEER when —__ elm ificahons and _tnterpretation_of_ the Contract —. _ Documents are needed and fxansm it__to CONTRACTOR clarification and interpretation of the Conp-act Documents as issued by the ENGINEER, 93 0 6 _ lstodiGc pions Consider and evaluate CONTRACTOR'S suggestions for 20 EJCDCGP.NERAJ,CONDI'n ONS1910-5(1990Bditimi) w/ CI I Y OF PORT COLLINS hIODIPI CATIONS (RFV 4f1000) modification in Drawings or S xoifications and Ierort these recsvnntend,nions to LNGINfiER, .Accurately _transient to ONhRAC 'I'OR declstons lssued btheliltGWT ir,R. 9.3 2 7_Records. _3.2_S;_Reporls 9.328.1-_—humishF:NGINEB n,l_iiodic ' reports as_requvad of the pra+tess of the Work and of the COi,1'IZAC'1'OR'S cornpllanee with the tl roeress schedule end schedule of shop Drawing and cuyu submittals. S1_31- .2.___Consult_ vith.,_EmiNGEI2 in advance of schedulin major jests. inslzetions or start of important phases oC the Work.. 9.3.283. Daft nronosed thanee Orders and Work Directive _Chan es_obtaining Irtckuo malennI from the CONTRACTOR Ind recommend to ENGINEER Chan,,e Orders.Work_ Direct ye_CI>ncs anci ficl_d orders.- - 9328.4. _, Rport immediately .___to I NGI NKHR and OWN&]2 the occurrence_of any -accident J.3_29 R.ayment Requests Rev oewupilil cations for payment with CONTRACTOR for com >hmce with the established procedure for their Omission and forward with recommendation to 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 II asphalt slurry seal, and the related traffic control, on residential streets and parking lots in The City of Fort Collins and is generally described in Section 01010. 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 who is hereinafter called ENGINEER and responsibilities and will have the rights in the Contract Documents in connection accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES Fort Collins Engineering Division , who will assume all duties and and authority assigned to ENGINEER with completion of the Work in 3.1 This Agreement shall commence 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/O1 Section 00520 Page 1 ENGINEER, notina, particularly the relationshi of the pre ha neap ruipested to the schedulc_ot values work eollWeted and, materials and equipment delivered at the site but not incomorated in the Work 93,2.10. Complet' ion 93,2.10. 1, 13_elore HN_GINEEl_2sues Certificate of Substantial Completion, submit to CONTRACTOR a list of obsemud items (QqulflrlC correction or completion. 9.3,2,10.2 Conduct final inspection in tire contl_ oC [he IiNGINT L'RL'lt, OIL+NliR_and ('ONTR/yC 1012_and--pl epee n final list of Items to be corrected or cont3Ple[ed. 9,3.2.10.3. Observe that all items on the hnallist have been corrected or coliipleted and stake reconin enclations to ENGIN}ilR ccn�cernt_ng_aceeptance„ 9.3.3. Limitation of Authority: 'ilia 12epresen[ative shall not: 93.3.1_ Authorize any deviations from tine Contract Documents or accept any, substitute materials or egmtnnent unless authorized by the ENGINEER_ 9 3 12 Exceed lunitations of 1. NGINHER'S authonty as set forth in the Contract Documents. 930.1 Undertake ampf th oe rtespo nsibilities of the CON_ I RACTOR,__ M)contrectors or C ONTRACTOR S su m intendent, 9.3.3._4, Advise on,., or issue directions_ relative to, or assume oontrol over!ni__aspect of. the means, methods, techniques sequences or procedures for construction unless such is s}ecifically called for- in the Contract Doculne» _9.3.3.5. Advise on or issue directions t_egardine or. . assune_control_ over _safety precautions and progranns. jn connections with the Wnrk. 9336 Accept Shop Drawings or sample subnnivals from anyone other than the CONTRACTOR. 9.3.3.7. Authorize OWNER to occupy the Work in whole or in narj. 233.9. Part icgnate_ jn-_specialized, field or laboratory tests or inspections conducted by others except asthe ENGINEER. Cfarirlmtions and InteiInefir ionr. 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the P.JCDC CFNEBAL COMMONS 1910-3 (1990 rditi,o m/ C11Y OP GOIi'ICOLLINS MOI)111CA"rIOrNS (i LFV 4/2('00) requirements of the Contract Documents (in the Conn of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents Such written clarifications and interpretations will be binding oil OWNER and CONTRACTOR, If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Limes and the parties are unable to agree to the amount or extent thereof, if any, OWNER of CONTRACTOR may make a written claim therefor as Provided in Article I I of Article 12. Authorizer! Mariations in Work: 9.5, 1NGINEER ntay authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract 'fillies and are compatible with the design conceptof the completed Project as a functioning whole as indicated by the Contract Documents. 'These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Wink involved Promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjusmnent in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written clairn therefor as provided in Article 1 I or 12. Rejecting Defective Work 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that l,NGINEEI2 believes will not produce a completed Project that conforms to the Contract Doeualents or that will prejudice the integrity of the design concept of the completed Project as a £unetiorring whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Pa3onents 9.7. In connection with ENGINEER's authority as to Shop Drawings and Smnples, see paragraphs 6.24 through 6.28 inclusive. 9.5. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12, 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Determinationsfor Unit Prices 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR, ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of all Application 21 for Payment of otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, a hiss, within ten days alter the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to sppuhl from ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has beet) entered into, a formal proceeding is instituted by the appealing party in a torn,,, of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. Deeisious on Disputer 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereuncter. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of One'Alork and claims tinder Articles I and 12 in respect of changes in the Contract Price or Contract fumes will be referred initially to ENGINEER in teriting with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be. delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) altar the start of the oaurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other parry within sixty days after the stilt of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional of more accurate data in support of such claim, dispute or other rumfer. The opposing party shall submit any response to ENGINEER and the claimant within thirty clays after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER'S decision is taken within the time limits and in accordance wi0r the procedures set forth in EXHIBIT GC -A, 'Dispute Resolution Agreement", entered into ,between OWNER and CON"TI�AC'I OR pursuant. to Article 16, or (ii) if no well Dispute Resolution Agreement has been entered into, a written notice of intention to appeal Gonn ENGINEERS written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINP,P12 within thirty clays after file (late of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such 22 E.,CpCGENERALCONDITIONS1910.3(1990E,Iitla,) w/ CITY OP PORT COLLINS MODIFICATIONS (mGv 4R000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR, 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show partiality to ORNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 of 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of Trial payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Connect Documents or by Laws or Regulations in respect of any such claim, dispute or other matter-pursuent-to-Arlicle-lb. 9.13. Lindtalions oil ENGINEER'S Authority and Respoicwbilitiesr 9.13.1. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subconhactoi, any Supplier, any other person or organization, or to any surely for or employee or agent of any of then. 9.132. ENGINEER will not supervise, direct, control or have authority over or be responsible for CON TRACTOR's means, methocls, techniques, sequences or procedures of construction, orthe safety precautions and programs incident theeto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or - performance of the Work. ENGINEER will not be responsible for CONTRACTORS failtrre to perform or Finnish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, rests and approvals that the results certified indicate compliance with, the Contract Documents. 9.13.5. The limitations upon authority and responsibility set forth in this pargraph 9.13 shall also apply to ENGINEEA's Consultants, Resident Project Representative and assistants. ARTICLE 10—CI-LANGES IN TIIE WORK 10.1. Without im•aliclating the Agreement and without notice to any surety, OWNER nmay, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions mx•itl be authorized by a Written Aniendruent, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly Proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Rice or an adjustment of the Contract Tunes that should be allowed as a result of a Work Change Directive, a claim may he made therefor as provided in Article I I or Article 12, 10.1 CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Tunes with respect to any Work performer) that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.,5 and 3.6, except in the case of an emergency as provided in paragraph 6 2.3 or in the case of uncovering Work as provided in paragraph 13.9. 10A OWNER and C-ONTRAC'1'OR shall execute appropriate Change Orclers recommended by ENGINEER (or Written Amendments) covering; 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because o£ acceptance of de(eclfve Work under paragraph 13.13 or correcting d¢fective Work render paragraph 13.14, or (iii) agreed to by the parties; 10.4.2, changes in the Contract Rice or Contract Times which ale agreed to by the parties; and 10.4.1 changes in the Contract Price or Contract Times which embody the substance or any written decision rendered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, air appeal may be taken from any such decision in accordance with the provisions of the Contract Doemn cuts and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 629. 10.5. If notice of any change affecting the general scolr: of the Work or the provisions of the Contract Documents GCDC OGNERAL CONDITIONS 1910.8 (1990 Fdilicn) w/ CITY OF PORT CoLt1Ns MOnlmcATIONS (RGV 4n0001 (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11--CHANGE OF CONTRACT PRICE 11.1, The Contract Price constitutes the total compensation (subject to authorized adjusanents) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CON'TRACTOR's expense without change in the Contact Price. 112 The Contract Price may only be changed by a Change Order or by a Written Anmenchnent. Any claim for in adjustment in the Contract Price shall be based on written notice delivered by the Party making the clamor to the other pa1Tv and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional tune for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by clanmtanl's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All cleans for adjustment in the Contract Price shall be determined by ENGINEER in accordance mvith paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No clamor for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 1 1 12. 113. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined is follows: 11.3.1where the Work involved is covered by unit prices contained in the Contract Docituents, by application crouch unit prices to the quantities of the items involved (subject to die provisions of 23 paragraphs 1 L9.1 through 11.9 3, inclusive) 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a nmtually agreed payment basis, including lump sum (which may include on allowance for overhead and profit not necessarily in accordance with Paragraph 11.6.2). 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (detemtined as provided in paragraph 11,6) Coat of tire Work: 11A The team Cost of the Work means the sum of alp costs necessorily incurred and paid by CONTRACTOR in the proper performance of the Work Except as otherwise may he agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in ptnagraph 11,5: 11.4 L Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Wort: under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without ]initiation superintendents, foremen and other personnel employed full-time at the site. Payroll costs for employees not employed full-time on the Work shall be apportioned on the hasis of then time spent on the Work. Payroll costs shall inekid nut -not be limited to- salaries and wages plus the costof fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and-retir mers benefits, —bonuses, siek-lem�e,-vaeaHorr d-heWayT,ay applicable thereto. The expenses of perforating Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith All cash discounts shall accrue to CONTRACTOR. unless OWNER deposits funds with CONTRACTOR with which to make payments, in which ease the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they nnay be obtained. I I.A 3. Payments made by CONTRACTOR to the Subcontractors for Work perforated or fumished by Subcontractors. If required by OWNER, 24 MCDCOGNCRAL CONDITIONs 1910-5 (1990 rditiNn WICI I Y OF FOR COLLINS MODIMCNIONS (RDll 4/2000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then cletemtine, with the advice of ENGINEER, which bids, if any, will be accepted. If any, subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the sane manner as CONTRAC'FOR's Cost of the Work and fee as provided in paragraphs 11.4, 11.5, 11.6 and 11.9. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11, 4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the folirnving: 11 A.5.1, The proportion of necessary transportation, travel and subsistence expenses of CON'TIUICTOR`s employees incurred in discharge of duties connected with the Work. 11A.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONfRAC'rOR. 11.453. Rentals of all construction equipment and machinery and the pairs thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof —all in accordance with temps of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone c1u'cctly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5A Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have resulted from causes other than the .negligence of CONTRACTOR any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liablc. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for sen'ices a tie prolwnionate to that statecl in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.5. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5 9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5, The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRAC'rOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, itwounlants, purchasing and contracting agents, expeclitens, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or So CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referrecl to in paragraph 11.4.1 or specifically covered by paragraph I IAA --all of which are to be considered administrative costs covered by the CONTRACTOR'S fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTTOR's capital expenses, including interest on CONTRACTORS capital employed for the Welk and charges against CONTRACTOR for delinquent paynnents, 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Conflict Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). L'JCDCOGN RALCONDInONS19I08(1990R,(lition) w/ (Tn' OP PORT-COLLINS MODIFIC\1'IONS OUW 4/2000) 11.5.5. Costs clue to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of elefeclive Work, disposal of materials or equipment wrongly supplied oncl making good any clamage to property. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTORS fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11 A 1, a mutually acceptable fixed fee; or 11,6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11 A.1 and 11A.2, the CONTRACTCIR's fee shall be fifteen percent, 11 6.2.2. for costs incurred under paragraph 11.4.3, the CON'rRAC'TOR's fee shall be five percent; 11,623. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 1 L4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid it fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and thatany higher tier Subcontractor and CONTRACTOR will each be paid a fee -of five -percent -of the -amount -paid -le tile next to be negotiated in good faith with the OWNER but not to exceed live percent of the amount paid to the next power tier Subcontractor, 11A2A. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.45 and 115; 11.6,2.5. the amount of credit to be allowed by CONTRACTOR to UATNER for any change which results in a net decrease in cost will be the mnount of the actual net decrease in cost plus a deduction in CONTRACTOR'S fee by an amount equal to five percent of such net decrease; and 11.6.2.6, when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the not change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be 25 detennined Pursuant to paragraphs 11A and 11,5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting Practices and submit in form acceptable to ENGINEER an Itemized cost breakdown together with supporting data. Cash Allowances: 1 LS. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER CONTRACTOR agreesthat 1I.S.I. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and alp applicable taxes; and I1.8.2. CONTRACTOR's costs for unloading and Inmdling on the site- labor, installation costs, overhead, profit and other expenses concrimlated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, tar approptiale Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price fV0)-/c 1L9.1. Where the Contract Docmnentspiovidethet all of Part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sure of die established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. 'The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purose of comparison ofPids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an anount comidered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each sepaately identified item. 119.3.OWNER at CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article I if 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; 26 E!CDCCENGRALCC)N`DI]TONS 1910-8(1990Edition) .p ed CITY OF YORr COLLIN'S MODIFICATIONS(1Rygh0(0) and 11.9:32 there is no corresponding adjustment with respect to any other item of Work; and 119.33. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the anmountof arty such increase or decrease. 119.3A CONTRACTOR acknowledges that the OWNER has the right to add or delete ikmsjn the Rid of chance quantities al OIWNLR'S sole discretion w-- afc fean� the Connect Price of My remaining_ item _so, long as the deletion of addition deers not ceceed ttvcnt� Gte percent of the on mil total Contract Price ARTICLE 12--CHANGE OE CONTRACT DIMES 12.1. The Contract 'times (or Milestones) may only be change(] by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be leased on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event pater than thinly (1ays) alter the occurrence offhe event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days idler such occurrence (unless ENGINEER allows additional tinmc to ascertain more accurate data in support of the claun) and shall be accornpanied by the claunanfs written statement that the adjustment claimed is the entire adjustment to which the clai n int has reason to believe it is entitled as it result of the occurrence of said event All claims for adiusnnent in the Contract Times (or Milestones) shall be determined by ENGINLilR in accordance with paragaph9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claun for an adjustment in lire Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 13.2. ,All tittle limits slated in the Contract Documents are of the essence of the Agreement. 12.3, Where CONTRACTOR is prevented from completing any part of the Work within the Contract. 'Fillies (or Milestones) due to delay beyond time control of CONTRACTOR, the Contract Tunes (or Milestones) will be extended in an amount equal to time lost clue to such delay if a claim is made therefor as provided in paragraph 12.1, Delays beyond the control of CONTRACTOR shall include but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, flies, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4, Where CON'TRACI'OR is prevented £roan completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACIOR'.s sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, ,any Supplier, any other person or organization, or to any surety for oc employee or agent of any of them, for damages arising out of at resulting from (i) delays caused by or within the control of the CONTRACTOR, of (ii) delays beyond the control of both parties including, but. not limited to, Ines, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7, ARTICLE 13--TESTS AND INSPECTIONS; CORRECTION, ;REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice o(Defects. Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR. All defective Work may be rejecter), corrected or accepted as provided in this Article 13, Access to 1Porh: 132. OWNER, ENGINEER, ENGINEEI2's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at rzasouabk--times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests mil In spy ections 133. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, Pests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests 13.4. OWNER shall employ and pay for ale services of an independent testing laboratory to perform all inspections, tests, or approvals requved by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph I3.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 MCDC OPNERAi. CONDITIONS 19n o 8 (1990 Hdition) wt ITOFFORT COLI.NSMODIFICATIONS(R13V4@000) below shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Contract Documents, 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and LNGINEER's acceptance of materials or equipment to he incorporated in the Work, of of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for inceiporation in the Work. 13.6. if any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without \vrilten concurrence of ENGINLER, it must, if requested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provider) in fauagrapin 13.6 shall be at CONTRAC:TOR's expense unless CONTRACTOR has given ENGINEER tnnely notice of CONTRAC'IOR's intention to cover the same and ENNGINMER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8, If any Work is covered contrary to the written request of ENGINLER, it must, if requested by ENGINEER, be uncovered lot ENGIQEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers if necessary or advisable that covered Work be observed by L'NGINLEI2 or inspected or tested by others, CONTRACTOR, m IINGINBER'.s request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material an(] equipment. If it is found that such Work is defective, CONTRACTOR shall pay all chains, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not linited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and if the parties are unable to agree as to the anoint thereof, only make a claim therefor as provided in Article I I. If, however, such Wok is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or hlestones), or both, directly attributable to such 1-7 uncovering, exposine, ohservarion, inspection, testing, replacement and reconstruction; and, i1' the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in At ticles 1 I and 12, OWNER May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or faits to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, taut the cause for such order has been eliminated; however, this right of OWNER. to stop the Work shall not give rise to any duty on the pan of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal ofDefeetive illork 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defecive Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it Goal the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period: 13.12.1, If within one-year hvo years alter the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any, applicable special guarantee required by the Contract DOCnillentS or by any specific provision of the Contract Documents, any Work is found to he defective, CONTRACTOR shall promptly, without cast to (-A ✓W 3R and in accordance with OWNER's written ilrstruetions: (i) correct such defecars Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (h) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay Would cruse serious risk of loss or damage, OWNER may have the defective Work corrected ce the rejected Work removed and replaced, and all claims, costs, lasses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2,fah special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of till the Work, tyre correction period for that item may start to run four an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective Work (and damage to other EKIXGENERA1, CONDITIONS 191080990Editial) 2�, w/ CITY OP 1,01ol C01,1,1 NS MODICICA'I'IONS (REV 411000) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for on additional period of one -yen: two dears after such correction or removal and replacement has been satisfactorily completed. Acceptance ofDefeetive lVork: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINET;R's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so CONTRACTOR shall pay all claims, costs, posses and damages attributable to OlANER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER is to reasonableness). If any such acceptance occurs prior to ENGINP,ER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; sort OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in .Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. 01VAER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph I-,f 1, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR Inds to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall procced expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR'.s services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in Ore Work all materials and equipment stored at the site or for which OWNER has paid CON'rRAC'rOR but which are stored elsewhere. CONf12AC17OR shall allow OWNER, OWNERzs representatives, agents and employees, 01"i ER's other contractors and EMI NEER and 13NGINEERs Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph. All cleans, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating die necessary revisions are the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claan therefor as provided in Article 11, Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CON'FRACTOR's defective Work. CON'I2AC'TOR shall not be allowed an extension of the Contract 'Times (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14--PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Malues. 14.1. 'The schedule of values established as provided in paragraph 2.9 will serve as the basis, for progress payments and will be incorporated into a form of Application for Paynnent acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment, 14.2. .Al least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably .stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retrmage with respect to progress payments will be as stipulated in the CONTR,ICTOR's Warundl, of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will bass to OWNER no later than the time of payment free and clear of all Liens. Review of Appheation.rfor ProgressPtlpnent: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a E.rCDC 0EM?RAL CONDTn0NS 1910 8 (1990 Edition) w/ (:PIS' OP COR'r COLI.INS MODIGICA1'IONS (RFN' 4/2000) recommendation of payment and present the Application to OWNER, or iemmn the Application to CONTRACTOR. indicating in writing ENGINEER`s reasons for refusing to recommend payment. In the latter case, CON1'RAC, 'I'OR may make the necessary corrections and resubmit the Application. Ten days after presentation of the -Application for Payment to OWNER with ENG4AnfiERs recommendation, the amount recomniencled will (subject to the provisions of the last sentence of paragraph 14.7) become due and when clue will be paid by OWNER to CONTRACTOR. 14.5_ ENGINLER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINLER's knowledge, intonation and belief`. 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any .subsequent tests called for in the Contract Documents, to a final detemnionion of quantities and classifications for Unit Price Wok under pinlgraph 9.10, and to any other qualifications stated in the recommendation), and 14.5_3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Wok. However, by recommending any such Ilayment ENGINEER will not thereby be deemed to have represented that (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work hevond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (it) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold paynnentto CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, including Final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. P:NGINFER may refuse to recotn nrencl the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to 29 OWNER iefened to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring con action or replacement, 14.72. the Contract price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 143A ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive, OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. clauns have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work, 14.7.6. Liens have been tiled in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.73, there are other items entitling OWNER to a set- off against the amount i econnnended, or 34.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 through 14.7 3 or paragraphs 15,2 1 through 15.2.4 inclusive; but OWNER must give CONTRACTOR hnnlediate, written notice (with a copy to ENGINEER) staling the reasons for such action and promptly pay CONTRACTOR die amount so withhold, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER'S satisfaction the reasons for such action. Substantial Completion: 14.8, When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (exceptfor items specifically listed by CONTRACTOR as incomplete) and request that ENG1NFER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CON'IR4CTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving [lie reasons therefor. If ENGINEER GAJDC GENL•,RAL, CONDITIONS 1910-8 (1990 ENIi.a .10 w10rrYOPPORT COLLINSMODIFICAT10NSddl-V42000) considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER.a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. '1-here shall he attached to the certificate a tentative list of items to be completed or conectudl before final payment. OWNER shall ]live seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list, If, after considering such objections, ENGINEER concludes that the Work is not suhs[antially complete, ENGINEER will within fourteen clays alter submission of the tentative certificate to OWNER notify, CONTRACTOR in writing, slating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen clays execute and deliver to OWNEER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to seem ity, operation, safety, maintenance, heal, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER un wnting prior to EMINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14,10. Use by OWNER at OWNER'S option of any substantially completed hart of the Work, which: (i) has specifically been identified in the Contract Documents, or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its untended purpose without significant interference with CONTRACTOR's perfornnanee of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1.OWNER at any time may request CONTRACTOR in ",citing to penmiL OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete If CON'rRAC'1.OR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGiNTFEa to issue a certificate of Substantial Completion for that part of the Work. 3.3. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: 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 ($500) 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 four cents, in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the 9/12/01 Section 00520 Page 2 CONTRACTOR at any time stay notify OWNER and ENGMYE'E 2 In writing that CONTRACTOR considers any, such pdri of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that Iran of the Work. Within a reasonable tune alter either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of' the Work to detennine its status of completion. If ENGINEER does not consider that pan of the Work to be substantially complete, ENGINEER will notite OWNER and CONTRACTOR in writing giving the reasons therefor. ICENGReEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.5 and 141) will apply with respect to certification of Substantial Completion of that pan of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No oeculancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Baal Inspection: 14.11. Upon written notice Gram CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of ell particulars in which this inspection reverts that file Work is incomplete or defeciive. CONTRACTOR. shall immediately lance such measures as are necessary to complete such work or remedy such deficiencies. Filial Application for Payment. 14,12, After CON'IRAC'TOR has completed ail such corrections to the satisfaction of ENGINEER and delivered in accordance with the Conflict Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5A, certificates of inspection, marked -up record documents (as provided in paragraph6.19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. 'f he final Application for Payment shall be aa;ompanied (except as previously delivered) by: (i)all documentation called for in the Contract Documents, including bill not limited to the evidence of insurance required by subparagraph 5.4.13, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a lien could be filed, and (it) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails EICDC GEN IERAL CONDMONS 1910-8 (1990 EcUnon) el Cl"ly OF FORT COLUNS MODIFICA'I IONS (REV 4/2000) to furnish such a release or receipt in hill, CONTRACTOR may fimusll a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. Releases or waivers of liens and the consent of the Surety to lm Id ize ..p�ment are -_to -be subntitl d on loons confomning_to the foolish of the OWNERS standard fee ins bound inthe Proizct manual, Mnal Pallanennt andAcceptaaee: 14,13. If, on the basis of ENGNEER's observation of the Work during construction and final inspection, and ENGNEER's review, of the final Application for Payment and accontlnnying documentation as required by the Contract Docuuments, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fiffilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and lx-�scnt the Application to OWNER for payment At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable .subject to the provisions of paragraph 14.15. Otherwise, LNGINLER will return the Application to CONTRACTOR, indicating in writing the. reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. 'fhirly days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGNLER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become clue and will be paid by OWNER to CONTRACTOR subject to anragmph 17.6.2 of these G enern I Conditions, 14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confi nts, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance clue for that portion of the Work fully completed and accepted- If the remaining balance to be held by OWNER for Work not. fully completed or connected is Ins than the romance stipulated in the Agreement, and if Bonds have been furnished is required nn paragraphs 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work Judy completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment Such payment shall be made under the terms and conditions governing final Inyntent, except that it shall not constitute a waiver of claims. Waiver of Claiau: 14.15, The making and acceptance of final payment will constitute: 14,15. 1.a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from dgfeclive Work appearing alter 31 final inspection pursuant to paragraph 14.11, from future to comply with the Contract Documents or the tears of any special guarantees specified therein, or from CONTRAC'TOR's continuing obligations under the Contract Documents; and 14.15.2.A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15--SUSPENSION OR WORK AND TERMINATION O1WE'l? Dfay S,sj)end Work: 15.1. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjuslntent in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles I and 12. OWNER May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 152.1. if CON7'RAC'I'OR Ixrsistently fails t(> perform the Work in accordance with the Contract Documents (including, but not limited to, failure m supply sufficient skilled workers or suitable materials or equipment or failure to a there to the progress schedule established under pamgraph2.9 as adjusted from time to time pursuant to paragraph 6.6); 1522. if CONTRACTOR disregards Laws or Regulations of any public body havingjurisdietion; 15.2.3. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4, if CONTRACTOR otherwise violates in any substantial wary any provisions of the Contract Documents; OWNER may, alier giving CONTRACTOR (and the surety, if any) seven cloys' written notice and to the extent permitted by Laws air([ Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CON'I'RAC1'OR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for tres}nss or conversion), incorporate in the Work all maGsials and equipment stored at the site or for which OWATER has paid GCDC GENTMAL CONDITIONS 1910-8 (1990 Edam) 32 tv/CI'I'YOyPOItI'COLI,INSMODIPICA'rIONS(REV4R000) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR. If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and claumfes incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINPSR incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest Ill ice for the Work per form c(I. 15.3. Wherc CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys clue CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven clays written notice to CONTRACTOR and ENGINEER, OWATER may, withoutcause and without prejudice to any other right or remedy of O\Ni TER, elect to terminate the Agreement. In such case, CONTRACTOR shall be lrud (without duplication of any items): 15.4.1for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and danmges incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not he paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting 6'ont such termination. CONTRACTOR May Stop Work or Terminate: 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a Aerial of more than ninety days by OWNER or under an order of court or other public authority, or ENCIINEER fails to act on any Application fix Paynnent within thirty days after it is submitted or OWrNER. fails for thirty (lays to pay CONTRACTOR any sum finally determined to he due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEE+R clo not remedy such suslonsion or failure within that time, terminate the Agreement and recover from OWNER paymenton the same terms as provided in paragraph 15.4. lit lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty clays after it is submitted, of OWNER has failed for thirty clays to pay CONTRACTOR any sum finally detennined to be due, CONTRACTOR may upon seven days written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon The provisions of this paragraph 15.,5 are not intended to preclude CONTRACTOR flom making claim under Articles 1 I and 12 for an increase in Contmct Price or Contract 'Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16--DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall he as set forth in ExhibitC3C-A, "Dispute Resolution Agreement", to be attached hereto and matte a part hereof If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11 and 9,12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have uncler the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—A1ISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract. Documents requires the giving of written notice, it will be devoted to have been validly given if delivered in poison to the individual or to a member of the fimn, or to an officer of the corporation for whom it is attended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of Time: 17.2,1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted Gott the computation. MCDC GENERAL COMMONS 1910.8 (1990 Edition) w/ CI I Y OF PORT COLLINSMODIFICATIONS Q2EV 4i2000S 17.2.2. A calendar clay of twenty-four hours measured from midnight to the next midnight will constitute a clay. Notice of Claim: 17.3. Should OWNE-R or CONTRACTOR suffer injury of damage to person or property because of any error, omission or not of the other patty or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable lime of the first observance of such injury or damage. The provisions of this paragraph 17 3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.Cuaudative Remedies: 17.4, The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the panties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 6.30, 6,31, 6.32, 13.1, 13,12, 13,14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER2 thereunder, are in addition to, and are not to be constned in any way as a limitation of, any rights and remedies available to any or all of them tahich are otherwise imposed or available by Laws or Regulations by special wananly or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated Specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional bees and Coral Costs Lre6uled: 17.5. Whenever reference is made to "claims, costs, losses and damages", it shall include in each case, but not Iv lanited to, all fees and charges of engineers, architect's, attorneys and other professionals and all court of arbitration or other dispute resolution costs. 1Z6.The laws of the State_of Colorado alpl}Clo_thiss Agreement Reforcrec to tvo pertinent Colorado statutes are as Collowe, 17.62. If a claim is LlecL OWNER is required by Icw CRS 38-26 1071 to withhold from all navments to CONTRACTOR_ sufficient funds to Insure the payment of all olaaus for labor, matcnals team Itire sustenance, provisions, pro vende—1 ar..other supplies used or consumed by CONTRACTOR or -his 33 EJCDC GENERAL CONDM ON3 1910 4 (1990 @,clitioll) 34 wI Cl fY OF PORT COLLANS MODIAOCAI'IONS(REV4P1000) (This page left blank intentionally) MCDC GENHRAL CONDITIONS 1910$ (1990 Edition) 35 m/ CJ'li' OF GOR'1' COLI,INS MODIFICATIONS (REV 4/2000) 36 131CDC GENERAL CONDITIONS 1910E (1990 RAitinn) w/ GT'TY OF PORT COLLINS MODIFICATIONS Q4EV d/2000) EXHIBIT GGA to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMIcNT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is ,intended to include the following agreement of the parties: 16A, All charts, disputes and other matters in question between O\uMIZ and CONTRACTOR arising out of or relating to the Contract Documents or die breach Thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration at accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enfo'ceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, <Tispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with Paragraph 9,11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the panics have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with lnragraph 9.11; and the failure to demand arbitration within said thirty days' perial will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties conecmed. No demand for arbitration of any written decision of ENGINEER rendeed in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of attention to appeal as provided in paragraph 9.10, 16.3. Notice of the dement for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGWBER lot information The demand for arbitration will be made within the thirty -day or ten-day period specified at paragraph 16.2 as applicable, and in all other cases within a reasonable time after the clean, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such clams, dispute or other matter in question would be burred by the applicable statute of limitations. F1CDC GGNGRAi, CONDITIONS 1910.3 (1990 Fo) r &tio w/ CIIY OF FOR"COLLINS MODIFICATME- -V 9/99) 16A. Except as provided in paragraph 16.5 below, ❑o arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any Other nnanne any other person or entity (including BNGINELR, ENGINEER's Consultant and the officer directors, agents, employes or consultants of any of them) who is not a party to this contract unless: 16AA. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.42. such other person of entity is substantially involved in a question of law or fact which is common to those who are aheady parties to the arbitration and which will arise in such proceedings, and 16A.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific icrerenee to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNTER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6,11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Wok of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claan, rightor cause of action in favor of Sulcontractor mxl against. OWNER, LNGWBLR or ENGINEER's Consultants thatdoes not otherwise exist. 16.6. The award rendered by the arbitrators will be Final, judgment may be entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal. 16.7, OWNER and CONTRACTOR agree that they Shall first submit any and all unsettled claims, counterclaims, disputes and other matters in question betveon then arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American .Arbitration Association prior to either of them initiating against the other if demand for arbitration pursuant to liamgraphs 16.1 through 16.6, u lose delay in initiating arbitration would irrevocably prejudice one of the parties. The resliective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time liulits and shall remain suspended until ten days alter the termination of the mecudion. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. GC -AI EJCDC GENERAL CONI IT1ONS 1910 9 (199017tftion) W/ CITY OP PORT COLLI NS N4O1DIFICA I IONS (REV 9/941 GC -.AI SE SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule zero days lost due to abnormal weather conditions. 7/96 Section 00800 Page 1 aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6, CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the 9/12/01 Section 00520 Page 3 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960Application for Payment I'm SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: CONTRACTOR: PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 4. 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E W w E96969696969 E9 69 E9 E96s 6969 f969 6969603 f E9 69696969 E9 E969696969 E9 w E9 Q E Q O V Y L O N p 5 2 0 c 00000000000000000000000000000000000 o00oo000000000000000000000000000000 0 EV3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 69696969 E9 w 69 ER 69 w E969 E9(i36969 E9 69 E9 E969 E969 w w 69696969696969 0 6964 0 Q U� C � d N C � W C U) W W Q O 2 O- W 0 U � C7 a cn U Q U Q t- O U O d N � a Cfl � � Z W,, v W 0 Q0 m 0 0 C O J U U N 00000 (Do 0000CC) 00000000000000000000 0000000000000000oo000000000000000 000000000000000000000000000000000 EA ffl H3 Ef369 EA EA U) E E9 H969 696v Es 613 ER EA EA 64 U)V EH V3 fA 69 Vi w EA El> Ev UA v LL C 0 g C (0 W U C7 = ul a a �:c n a0i--a d 2008 ASPHALT SLURRY SEAL PROJECT GENERAL REQUIREMENTS INDEX SECTION PAGE -NUMBERS 01010 Sunuuary of Work General Requirements 1-2 01040 Coordination General Requirements 3-4 01110 Construction Schedules General Requirements 5-6 01330 Survey Data General Requirements 7 01340 Shop Drawings General Requirements 8-10 01410 Testing General Requirements 11-12 01510 Temporary Utilities General Requirements 13 01560 Temporary Controls General Requirements 14-15 01700 Contract Closeout General Requirements 16 01800 Method of Measurement and Basis of Payment General Requirements 17 9/997/96 Section 00960 Page 1 SECTION 01010 SUMMARY Or WORK 1.1 DESCRIPTION OF WORK A. A. This work shall consist of the placement ofType 11 asphalt slung seal on residential streets and parking lots as shown in Section 3500, Project Maps. B. Protection and Restoration. 1. Replace to equal or better conditions all items removed and replaced or damaged during construction. Restore all areas disturbed to match surrounding surface conditions. Also see tree protection standards. C. Construction Hours 1. Construction hours, except for emergencies, shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, unless otherwise authorized in writing by the Engineer. After hour equipment operation shall be in accordance with Section 1560. 2. Any work performed by the Contractor outside of the construction hours, whether or not authorized by the Engineer, shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover the Owner's costs in providing field engineering and/or inspection services because of such work. The cost for field engineering and inspection shall be $50.00 per hour. 1.2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES A. Notify private owners of adjacent property, utilities, irrigation canal, and affected governmental agencies when prosecution of the Work may affect them. B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to temporarily deny access or services. C. Contact utilities at least 48 hours prior excavating near underground utilities. D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of work schedule and any items which would affect their daily operation. E. Rick Richter and/or Erika Keeton will be the ENGINEER (Project Engineer/Manager) for the City of Fort Collins. Todd Juergens will be the ENGINEER (Project Engineer/Manager) for Larimer County. Rick Richter 970.221,6798 Mobile 970.222.1132 Erika Keeton 970.221.6605 Mobile 970.222.0787 F. Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's convenience. General Requirements - Page 1 of 17 UTILITIES Water: City of Fort Collins, Colorado 221-6700, Meter Shop 221-6759 Storm Sewer: City of Fort Collins, Colorado 221-6700 Sanitary Sewer: City of Fort Collins, Colorado 221-6700 Electrical: City of Fort Collins, Colorado 221-6700 Gas: Public Service Company of Colorado 482-5922,221-8553 Telephone: U.S. West Communications 484-0300,226-6310 Traffic Operations: City of Ft. Collins, Colorado 221-6608 Cable Television: Comcast 493-7400 `Utility Locates Under One -call System 1-800-922-1987 AGENCIES Safety: Occupational Safety and Health Administration (OSHA): 844-3061 Fire: Poudic Fire Authority Non -Emergency: 221-6581 Emergency: 911 Police: City of Fort Collins Police Department Non -Emergency: 221-6550 Emergency: 911 Postmaster: US Postal Service: 225-4111 Transportation: Transfert 221-6620 Traffic Engineering: 221-6608 END OF SECTION Larimer County Sheriffs Department: Non -Emergency: 221-7177 Ambulance: Poudre Valley Hospital Non -Emergency: 484-1227 Emergency: 911 Gencral Requirements - Page 2 of 17 SECTION 01040 COORDINATION Ll GENERAL CONTRACTOR RESPONSIBILITIES A. Coordinate operations under contract in a manner which will facilitate In of the Work. The Contractor shall also coordinate with the Landscape Contractor whose Work is separate from the General Contractor's contract. B. Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner of performance of operations which affect the service of such utilities, agencies, or public safety. C. Coordinate operations under contract with utility work to allow for efficient completion of the Work. D. Coordinate all operations with the adjoining property owners, business owners, and surrounding neighborhoods to provide satisfactory access at all times and keep them informed at all times. 1.2 CONFERENCES A, A. Preconstruction Conference will be held prior to the start of construction. 1. Contractor shall participate in the conference accompanied by all major Subcontractors, including the Traffic Control Supervisor assigned to the project. 2. Contractor shall designate/introduce Superintendent, and major Subcontractors supervisors assigned to project. 3. The Engineer shall invite all utility companies involved. 4. The Utilities will be asked to designate their coordination person, provide utility plans, and their anticipated schedules. 5. The Engineer shall introduce the project Representatives. B. Additional project coordination conferences will beheld prior to start of construction for coordination of the 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. 1.3 PROGRESS MEETINGS A. Contractor and Engineer's Project Representatives shall schedule and hold regular progress meetings at least weekly and at other times as requested by the Engineer or required by the progress of the Work. B. Attendance shall include: 1. Contractor and Superintendent. 2. Owner's Representatives. 3. Engineer and Resident Project Representative, 4. Traffic Control Supervisor 5. Others as may be requested by Contractor, Engineer or Owner. General Requirements - Pagc 3 of 17