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HomeMy WebLinkAbout102511 LAFARGE NORTHERN INC - CONTRACT - BID - 6049 ASPHALT OVERLAY PROJECT 2010 ST MAINTENANCEF6rt Collins Wit, Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov. com/purchasing SPECIFICATIONS AND CONTRACT DOCUMENTS FOR ASPHALT OVERLAY PROJECT BID NO. 6049 - 2010 RENEWAL PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS 7.3. Drawings, consisting of a cover sheet and sheets numbered as follows: English Ranch 1 Fairbrooke - Somerville Court 2 Northbrook 3 Ridgewood Hills 4 Silver Oaks 5 Portner, Trilby and Southridge Greens Areas 6 James Court 7 Willow Springs and Stetson Creek Areas 8 Remington and Riverside 9 Lexington Green 10 The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 2, 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. 7/96 Section 00520 Page 5 SECTION 01330 SURVEY DATA 1.1 SURVEY REQUIREMENTS A. The Owner will provide the construction surveying for the street and landscaping improvements. City Survey Crews will perform the surveying required. B. The Contractor must submit a survey request form to the City Surveyors a minimum of 48 hours prior to needing 1 surveying. C. If the requested surveying cannot be accomplished in the time frame requested by the Contractor, the survey personnel shall notify the Contractor with the date on which the requested work will be completed. D. Should a sudden change in the Contractor's operations or schedule require the survey personnel to work overtime, the Contractor shall pay the additional overtime expense. E. The Contractor shall protect all survey monuments and construction stakes. If it is unavoidable to remove a survey monument or construction stakes, the Contractor is responsible for notifying the Surveyor and allowing enough time for the monuments or stakes to be relocated. The Contractor will be responsible for the cost of re -staking construction stakes and for the cost of re-establishing a destroyed monument. F. The Contractor shall be responsible for transferring the information from the construction stakes to any necessary forms and for constructing all pipelines, drainage ways, pavements, inlets, walls, and other structures in accordance with the information on the stakes and grade sheets supplied by the Owner. 1 END OF SECTION 1 I General Requirements - Page 7 of 17 SECTION 01340 SHOP DRAWINGS 1.1 GENERAL A. Submit Shop Drawings, Samples, and other submittals as required by individual specification sections. I . Engineer will not accept Shop Drawings or other submittals from anyone but Contractor. B. Schedule: Reference Section 0 13 10, Construction Schedules. Submittals received by Engineer prior to the time set forth in the approved schedule will be reviewed at any time convenient to Engineer before the time required by the schedule. C. Any need for more than one re -submission, or any other delay in obtaining Engineer's review of submittals, will not entitle Contractor to extension of the Contract Time unless delay of the Work is directly caused by failure of Engineer to return any scheduled submittal within 10 days after receipt in his office of all information required for review of the submittals or for any other reason which prevents Engineer's timely review. Failure of Contractor to coordinate submittals that must be reviewed together will not entitle Contractor to an extension of Contract Time or an increase in Contract Price. D. Resubmit for review a correct submittal if errors are discovered during manufacture or fabrication. E. Do not use materials or equipment for which Shop Drawings or samples are required until such submittals, stamped by Contractor and properly marked by Engineer, are at the site and available to workmen. F. Do not use Shop Drawings which do not bear Engineer's mark "NO EXCEPTION TAKEN" in the performance of the Work. Review status designations listed on Engineer's submittal review stamp are defined as follows: 1. NO EXCEPTION TAKEN Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work. Contractor is to proceed with fabrication or procurement of the items and with related work. Copies of the submittal are to be transmitted for final distribution. 2. REVISE AS NOTED Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work in accordance with Engineer's notations. Contractor is to proceed with the Work in accordance with Engineer's notations and is to submit a revised submittal responsive to notations marked on the returned submittal or written in the letter of transmittal. 3. REJECTED Signifies material or equipment represented by the submittal does not conform with the design concept or comply with the information given in the Contract Documents and is not acceptable for use in the Work. Contractor is to submit submittals responsive to the Contract Documents. General Requirements - Page 8 of 17 1 H �l u 1 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. I. 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 1/2" x l 1". 3. Clearly mark each copy to identify pertinent products and models. 4. Individually annotate standard drawings which are furnished, cross out items that do not apply, describe exactly which parts of the drawing apply to the equipment being furnished. 5. Individually annotate catalog sheets to identify applicable items. 6. Reproduction or copies of portions of Contract Documents: a. Not acceptable as complete fabrication or erection drawings. b. Acceptable when used as a drawing upon which to indicate information on erection or to identify detail drawings. 7. Clearly identify the following: a. Date of submission. b. Project title and number. c. Names of Contractor, Supplier and Manufacturer. d. Specification section number, specification article number for which items apply, intended use of item in the work, and equipment designation. e. Identify details by reference to sheet, detail, and schedule or room numbers shown in the Contract Documents. f. Deviations from Contract Documents. General Requirements - Page 9 of 17 g. Revisions on re -submittals. h. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria, and coordination of the information within the submittal with requirements of the Work and the Contract Documents. 1.3 SUBMISSION REQUIREMENTS A. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Minimum number required: 1. Shop Drawings. a. Three (3) copies minimum, two (2) copies which will be retained by Engineer. 1.4 RE -SUBMISSION REQUIREMENTS A. Make corrections or changes required by Engineer and resubmit until accepted. B. In writing call Engineer's attention to deviations that the submittal may have from the Contract Documents. C. In writing call specific attention to revisions other than those called for by Engineer on previous submissions. D. Shop Drawings. 1. Include additional drawings that maybe required to show essential details of any changes proposed by Contractor along with required wiring and piping layouts. END OF SECTION General Requirements -Page 10 of 17 SECTION 01410 ' TESTING 1.1 GENERAL A. Provide such equipment and facilities as the Engineer may require for conducting field tests and for collecting and forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment are found to be acceptable. Any product which becomes unfit for use after approval hereof shall not be incorporated into the work. B. All materials or equipment proposed to be used may be tested at any time during their preparation or use. Furnish the required samples without charge and give sufficient notice of the placing of orders to permit the testing. Products may be sampled either prior to shipment or after being received at the site of the work. C. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided, sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM). D. Where additional or specified information concerning testing methods, sample sizes, etc., is required, such information is included under the applicable sections of the Specifications. Any modification of, or elaboration on, these test procedures which may be included for specific materials under their respective sections in the Specifications shall take precedence over these procedures. ' 1.2 OWNER'S RESPONSIBILITIES A. Owner shall be responsible for and shall pay all costs in connection with testing for the following: ' 1. Soil tests, except those called for under Submittals thereof. 2. Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner. 3. Concrete test, except those called for under Submittals thereof. ' 1.3 CONTRACTOR'S RESPONSIBILITIES A. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible ' for and shall pay all costs in connection with testing required for the following: 1. All performance and field testing specifically called for by the specifications. 2. All retesting for Work or materials found defective or unsatisfactory, including tests covered under 1.2 above. 3. All minimum call out charges or stand by time charges from the tester due to the Contractor's failure to pave, pour, or fill on schedule for any reason except by action of the Engineer. ' B. Contractor shall notify the Project Engineer 48 hours prior to performing an operation that would require testing. 1.4 CONTRACTOR'S QUALITY CONTROL SYSTEM ' A. General: The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of Work, including that of his subcontractors, to ensure conformance to the functional performance of this project. This control shall be established for all construction except where the Contract Documents provide for specific ' compliance tests by testing laboratories or engineers employed by the Owner. The Contractor=s control system shall specifically include all testing required by the various sections of these Specifications. General Requirements - Page l 1 of 17 B. Superintendence: The Contractor shall employ a full time Superintendent to monitor and coordinate all facets of the Work. The Superintendent shall have adequate experience to perform the duties of Superintendent. C. Contractor's quality control system is the means by which he assures himself that his construction complies with the requirements of the Contract Documents. Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction schedule. D. Records: Maintain correct records on an appropriate form for all inspections and tests performed, instructions received from the Engineer and actions taken as a result of those instructions. These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or test, nature of defects, causes for rejection, etc.) proposed or directed remedial action, and corrective action taken. Document inspections and tests as required by each section of the Specifications. Provide copies to Engineer weekly. END OF SECTION General Requirements - Page 12 of 17 SECTION 01510 TEMPORARY UTILITIES 1.1 UTILITIES A. Furnish all utilities necessary for construction. B. Make arrangements with Owner as to the amount of water required and time when water will be needed. 1. Meters may be obtained through the Water Utility Meter Shop at 221-6759 2. Unnecessary waste of water will not be tolerated. ' C. Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor. 1.2 SANITARY FACILITIES ' A. Furnish temporary sanitary facilities at each site for the needs ofconstruction workers and others performing work or furnishing services on the Project. ' B. Properly maintain sanitary facilities of reasonable capacity throughout construction periods. C. Enforce the use of such sanitary facilities by all personnel at the site. ' D. Obscure from public view to the greatest practical extent. END OF SECTION 11 1 1 General Requirements - Page 13 of 17 SECTION 01560 TEMPORARY CONTROLS 1.1 NOISE CONTROL A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated areas. B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. C. Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 a.m. 1.2 DUST CONTROL A. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing. B. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist with water or by application of a chemical dust suppressant. 1. Chemical dust suppressant shall not be injurious to existing or future vegetation. 1.3 POLLUTION CONTROL A. Prevent the pollution of drains and watercourses by sanitary wastes, concrete, sediment, debris and other substances resulting from construction activities. 1. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site. 2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts. 1.4 EROSION CONTROL A. Take such measures as are necessary to prevent erosion of soil that might result from construction activities. 1. Measures in general will include: a. Control of runoff. b. Trapping of sediment. c. Minimizing area and duration of soil exposure. d. Temporary materials such as hay bales, sand bags, plastic sheets, riprap or culverts to prevent the erosion of banks and beds of watercourses or drainage swales where runoff will be increased due to construction activities. B. Preserve natural vegetation to greatest extent possible. C. Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion. D. Comply with the City of Fort Collins' Storm Drainage Erosion Control Manual. General Requirements - Page 14 of 17 1 1.5 TRAFFIC CONTROL ' A. Maintain traffic control in accordance with the "Manual of Uniform Traffic Control Devices" (MUTCD), the City of Fort Collins "Work Area Traffic Control Handbook," and the current "Larimer County Urban Area Street Standards." In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall 1 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 n li li t General Requirements - Page 15 of 17 1 SECTION 01700 CONTRACT CLOSEOUT 1.1 CLEANING AND RESTORATION A. Return the premises and adjacent properties to conditions existing or better than existing at the time the work was begun. This will include providing labor, equipment and materials for cleaning, repairing and replacing facilities damaged or soiled during construction. The Engineer will be the judge of the degree of restoration required. 1.2 PROJECT RECORD DOCUMENTS A. Maintain on the job site, and make available to the Engineer upon request, one current marked -up set of the drawings which accurately indicate all approved variations in the completed work that differ from the design information shown on the drawings. Further, these drawings should reflect all underground obstacles encountered. B. These record drawings along with any survey records, photographs and written descriptions of said work as may be required by the Engineer shall be submitted prior to project acceptance. END OF SECTION General Requirements - Page 16 of 17 OWNER: CITY OF FORT COLLI By: DARIN ATTEBERRY, CITY MA AGER JAM B. O'NEILL II, CPPO, FNIGP RECTOR OF PURCHASING AND RISK MANAGEMENT Date: (6 CFO •• ®< O . •. �i2 Attest: City Clerk Address for giving noti cOLORP'�O P. 0. Box 580 Fort Collins, CO 80522 Approved as to-/Vbrm Assi,ttot Cijty Attorney 7/96 CONTRACTOR:_,E-afarge West, Inc. By: Imm'MR, W., --- tes Address for giving notices: g oc) LICENSE NO.: 0 0Q39 Section 00520 Page 6 rA 1 SECTION 01800 METHOD OF MEASUREMENT AND BASIS OF PAYMENT 1.1 DEFECTIVE WORK A. Owner will not pay for defective work and will not pay for repair or additional work required to bring the project to a point of acceptance. 1.2 BID PRICE A. The Total Bid Price covers all Work required by the Contract Documents. All work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included in the prices bid for the various items of Work. B. Prices shall include all costs in connection with the proper and successful completion of the Work, including furnishing all materials, equipment and tools; and performing all labor and supervision to fully complete the Work. C. Unit prices shall govern over extensions of sums. D. Unit prices shall not be subject to re -negotiation. 1.3 ESTIMATED QUANTITIES A. All quantities stipulated in the Bid Form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The basis of payment shall be the actual amount of materials furnished and Work done. B. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amount of Work actually performed and materials actually furnished and the estimated amount therefor. END OF SECTION General Requirements - Page 17 of 17 SECTION 02000 PROJECT SPECIFICATIONS The Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction", 2005, and the current Larimer County "Urban Area Street Standards", (hereafter referred to as the "Standard Specifications") are made a part of this Contract by this reference, except as revised herein, and are hereby adopted as the minimum Standard Specifications of Compliance for this project. In those instances where the Standard Specifications conflict with any of the provisions of the preceding Sections, the preceding Sections shall govern. INDEX OF REVISIONS SECTION 104 Traffic and Parking Control 105 Control of Work 107 Protection and Restoration of Property and Landscape 108 Prosecution and Progress 201 Clearing and Grubbing 202 Removal of Structures and Obstructions 203 Excavation and Embankment 210 Reset Structures 306 Reconditioning/Asphalt Recycling 307 Stabilized Subgrade — Class C Fly Ash 401 Plant Mix Pavements 403 Hot Mix Asphalt 403 Hot Mix Asphalt - Patching 420 Geotextile Paving Fabrics 614 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, WEDNESDAY, JULY 2, 7:00 A.M. TO 6:00 P.M., PATCHING) See sample "NO PARKING" sign. "NO PARKING" signs ' shall remain in place until the street is opened to traffic and all clean up operations completed. All information on the "NO PARKING" signs, with the exception of the date, shall be in block letters permanently affixed to the sign. Any information added to a sign, such as dates, shall be clearly legible and written in block style letters. The ANO 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 Construction Zone Traffic Control" found herein. Project Specifications —Page I of 42 NO PARKING Wed July 7 7:00 AM - 6:00 PM PATCHING Project Specifications — Page 2 of 42 ' REVISION OF SECTION 105 CONTROL OF WORK Section 105 of the Standard Specifications is hereby revised as follows: COOPERATION WITH UTILITIES Subsection 105.10 shall include the following: Concrete construction and/or reconstruction operations at intersections may involve the destruction and replacement of traffic signal loop detectors. The existing traffic signal loop detectors shall be removed by the contractor at no additional cost. New loop detectors may be installed at other intersections where they do not now exist. New and replacement loop detectors will be installed by the City Traffic Division. The Contractor shall cooperate with the schedule of this work to insure the timely installation of new loop detectors. Also, the Contractor shall coordinate with the City Traffic Division to insure that any cleanup required after the installation of the loop detectors will be completed before concrete placement operations begin. COOPERATION BETWEEN CONTRACTORS Subsection 105.11 shall include the following: ' City Utilities, Parks, Traffic, Streets, concrete and utility contractors may perform work related to the project within or near the limits of this project. The Contractor shall conduct the Work without interfering or hindering the progress or completion of the work being performed by other contractors. The Contractor shall coordinate extensively with these entities to minimize traffic control and scheduling conflicts, and ensure timely completion of all the work. INSPECTION AND TESTING OF WORK ' Subsection 105.15 shall include the following: ' The Contractor shall keep the Engineer informed of his future construction operations to facilitate scheduling of required inspection, measuring for pay quantities, and sampling. The Contractor shall notify the Engineer a minimum of 24 hours in advance of starting any construction operation that will require inspection, measuring for pay quantities, or sampling. Failure of the Contractor to provide such notice will relieve the owner and the ' Engineer from any responsibility for additional costs or delays caused by such failure. Inspection of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his contract 1 as prescribed. Work and materials not meeting specifications shall be corrected and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been previously inspected by the Engineer or that payment therefore has been included in the progress estimate. I 1 ii Fh 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 uncleaned after the completion of the day's work. 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. All sweeping and clean up equipment shall be approved by the Engineer prior to the commencement of work. Project Specifications — Page 3 of 42 REVISION OF SECTION 105 CONTROL OF WORK The Contractor shall maintain the streets during the construction process as prescribed above. , If a street requires additional sweeping by City forces, the Owner shall deduct from compensation due the Contractor sufficient funds to cover the Owner's cost to provide said service. All cost of maintaining the work during construction and before the project is accepted will not be paid for ' separately, but shall be included in the work. I I Project Specifications — Page 4 of 42 ' REVISION OF SECTION 107 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE ' Section 107 of the Standard Specifications is hereby revised as follows: Subsection 107.12 shall include the following: 1 The fact that any underground facility - sprinkler systems, utility services, etc. is not shown on the plans, details or construction documents shall not relieve the Contractor of his responsibilities as provided for in the Contract. It shall be the Contractor's responsibility, pursuant thereto, to ascertain the location of such underground improvements which may be subject to such damage by reason of his operations. Any pruning of vegetation shall require the written permission of the property owner and/or the Engineer. If the area to be repaired is five (5) inches or less in width, the Contractor shall clean the area of all debris (i.e. ' concrete, road base, etc.) to a minimum depth of four (4) inches, prepare all edges to be clean and vertical, and place (see below) and compact topsoil. The topsoil shall be compacted utilizing a hand operated roller or other method approved by the Engineer. rFor concrete repair locations, the placement of topsoil (backfill) shall be completed within two (2) working days of the placement of the concrete. ' The topsoil shall consist of loose friable loam reasonably free of admixtures of subsoil, refuse, stumps, roots, rocks, brush, weeds, heavy clay, hard clods, toxic substances or other material which would be detrimental to the proper development of vegetative growth. The material to be utilized shall be approved by the Engineer ' prior to placement. The topsoil shall be in a relatively dry state and placed during dry weather. The topsoil shall be fine graded to eliminate rough and low areas and ensure positive drainage. The existing levels, profiles and contours shall be ' maintained. If any portion of the area to be repaired is greater than five (5) inches in width, the Contractor shall clean and prepare the area along the entire length of the repair location as stated above to a minimum of one (I) foot, place sod over the entire area, water once, and notify the property owner in writing of the nature of the work that has taken place and that the sod will be watered only once. If the area to be repaired is only damaged on the surface, the Contractor shall remove the damaged areas of sod ' to a depth that will allow new sod to be placed, place new sod, water once and notify the property owner in writing of the nature of the work that has taken place and the fact that the sod will be watered only once. The minimum overall width of the area to be sodded shall be one (1) foot. For concrete repair locations, the placement of sod shall be completed by the end of the first working day of the week following the placement of the concrete. ' Sprinkler systems - Sprinkler systems designated for relocation shall be capped off at the limits of construction and protected from damage by the contractor. Sprinkler heads shall be salvaged and stockpiled on each property for use when reconstructing the sprinkler systems. ' Sprinkler systems damaged outside of the construction limits as a result of construction operations shall be replaced at the Contractor's expense, within three (3) working days from the date of damage. In areas where the Engineer directs new work or the reconstruction areas require grade adjustment, the placement of topsoil, sod ' and sprinkler relocation will be provided by the City under separate contract. All landscaping that is damaged due to construction operations shall be replaced by the Contractor at his expense unless a written waiver is obtained from the property owner and submitted to the Engineer. Re -sodded lawns shall be watered once by the Contractor. I Project Specifications — Page 5 of 42 REVISION OF SECTION 107 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE All costs for protecting and restoring landscaping and lawns shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work, and no measurement or payment shall be made separately for the protection and restoration of landscaping and lawns. All restoration of landscaping and lawns damaged by construction operations, other than concrete repair, shall take place within three (3) working days from the date of damage. In areas where the Engineer directs new work or the reconstruction areas require grade adjustment, the placement of topsoil, sod, and sprinkler relocation will be provided by the City under separate contract. All labor, materials, tools, equipment, incidentals, and work involved in protecting or repairing underground facilities shall be considered incidental to the work being done and shall not be measured and paid for separately. Project Specifications — Page 6 of 42 J L REVISION OF SECTION 109 MEASUREMENT AND PAYMENT Section 108 of the Standard Specifications is hereby revised as follows: SCHEDULE Subsection 108.03 shall include the following: A schedule of work must accompany any bid, and shall include number of working days per area to complete all unit work items covered by the contract. Vicinity maps of each area are included in Section 03500, Project Maps. The schedule should take any priorities into consideration. The schedule should also include projected start and end dates. Individual street quantities are described in Section 02500, Quantity Estimates. Prior to award, mutually acceptable milestones shall be determined by the Contractor and the City based on the schedule of working days discussed above. LIMITATION OF OPERATIONS Subsection 108.04 shall include the following: The work shall be completed within the following calendar months: JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC DETERMINATION AND EXTENSION OF TIME Subsection 108.07 shall include the following: Work hours shall be 7:00 a.m. to 6:00 p.m., Monday through Friday, or as approved by the Engineer. All Work is to be complete in one hundred (100) working days. Once work required prior to the overlay is completed under separate contract, the City Representative will notify the Contractor that the area is completed. The Contractor shall then mobilize to the area within ten (10) working days after receiving notification of its accessibility. FAILURE TO COMPLETE WORK ON TIME Subsection 108.08 shall include the following: Failure to meet the agreed upon milestones, mobilize to an area within 10 days, or fully complete the project in one hundred (100) working days, shall result in liquidated damages assessed against the Contractor. At the City's option, liquidated damages in the amount of S 1000.00 per day may be retained from any monies due the Contractor, or the City may retain an additional contractor(s) to complete the work, or portion thereof, and retain any costs incurred above and beyond the bid prices of the Contractor from any monies due the Contractor in lieu of liquidated damages. Section 109 of the Standard Specifications is hereby revised for this project as follows: Subsection 109.06 shall include the following: Project Specifications — Page 7 of 42 REVISION OF SECTION 109 MEASUREMENT AND PAYMENT (i) Asphalt Cement Cost Adjustments. Contract price adjustments will be made to reflect increases or decreases in the price of asphalt cement from that in effect during the month in which bids were received for the Contract. Price adjustments will be based on the asphalt cement price index established by the Department on the first working day of each month. The index will be the spot price per barrel of Western Canadian Select (WCS) as published on http://www.encana.coni/doingbusiness/crLtdcoilpricinrz/index.htm for the first working day of the month. The index from this source will be converted to US Dollars using the currency converter at http://flnance.yahoo.com/currency by converting the posted price of Canadian Dollars per cubic meter of WCS on Encana.com to US Dollars per cubic meter. A conversion factor of 0.89 cubic meter per Ton will be used to convert the posted price from cubic meter to tons. The converted index number will be posted on the CDOT website at: http://wwsv.dot.state.co.us/DesignSupport/Construction/Fuel%20Cost%,20Adjustnients/EnCana%20Asphalt %20Cement%2OCost%,2OAdjustnients/Asphalt%2OCeiiient%2OCost%2OAdjustment%20lndex.htni 2. Price adjustments will be paid on a monthly basis with the following conditions: a) Payment will be based on the pay quantities on the monthly partial pay estimate for the following pay item when asphalt cement is included in the pay items: 403 Hot Mix Asphalt 403 Stone Matrix Asphalt b) A price adjustment will be made only when the asphalt cement price index varies by more than 5 percent from the asphalt cement price index at the time of bid, and only for that portion of the variance in excess of 5 percent. Price adjustments may be either positive or negative dollar amounts. c) Asphalt cement cost adjustments will not be made for any partial estimate falling wholly after the expiration of contract time. d) Adjustment formula: EP greater than BP: ACCA = (EP — 1.05 BP)(PA) (Q) EP less than BP: ACCA = (EP — 0.95 BP) (PA) (Q) Where: BP = Asphalt Cement price index for the month in which bids are opened EP = Asphalt Cement price index for the month in which the partial estimate pay period ends ACCA = Asphalt Cement Cost Adjustment PA = Percent of the paving mixture that is asphalt cement. Asphalt Cement content will be determined by the weighted average of all asphalt cement content percentages obtained from the field acceptance tests for that item (Use decimal in formula, e.g.: 0.05.). If Reclaimed Asphalt Pavement (RAP) is used the percent of Virgin Asphalt Cement added to the mix will be determined by subtracting the percent of asphalt cement in the Reclaimed Asphalt Pavement (RAP) from the percent of asphalt cement in the mix as calculated from Revision of Section 401 Reclaimed Asphalt Pavement. Q = Increased pay quantity for all 403 items shown above on the monthly partial pay estimate in Tons. Project Specifications — Page 8 of 42 SECTION 00530 NOTICE TO PROCEED Description of Work: 6049 Asphalt Overlay Project 2010 Renewal To: Lafarge West, Inc. This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. r That the required CONTRACTORRIs Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this'notice'as required by the Agreement. Dated this day of , 20 The dates for Substantial Completion and Final Acceptance shall be and 20 , respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of 20 CONTRACTOR: Lafarge West, Inc. By: Title: 7/96 Section 00520 Page 7 ' REVISION OF SECTION 109 MEASUREMENT AND PAYMENT e) No adjustment will be allowed for the quantity of any item that is left in place at no pay or for ' material removed and replaced at the Contractor's expense. f) The asphalt cement cost adjustment will be the sum of the individual adjustments for each of the pay items shown above. No adjustment will be made for asphalt cement costs on items other than ' those shown above. ' g) Asphalt cement cost adjustments resulting in an increased payment to the Contractor will be paid for under the planned force account item: Asphalt Cement Cost Adjustment. Asphalt cement cost adjustments resulting in a decreased payment to the Contractor will be deducted from monies owed the Contractor. I 1 Project Specifications — Page 9 of 42 REVISION OF SECTION 201 CLEARING AND GRUBBING Section 201 of the Standard Specifications is hereby revised as follows: CONSTRUCTION REQUIREMENTS Subsection 201.02 shall be amended to include the following: When any tree roots are encountered during construction operations, the Contractor shall notify the Engineer prior to any root removals. The Engineer and the City Forester's representative shall then make a determination regarding removal. Tree roots shall be removed with a sharpened, sanitized saw, cut orthogonal to its longitudinal axis as closely as practical, to leave the freshly cut root surface in a clean and smooth condition. Axes or other blunt objects shall not be used to cut tree roots. Where it is anticipated that tree roots may be encountered, great care shall be taken by the Contractor to prevent any damage to the roots with tools or equipment. BASIS OF PAYMENT Subsection 201.04 shall be amended to include the following: All costs for removing tree roots shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work, and no measurement or payment shall be made separately for the removal of tree roots. Project Specifications —Page 10 ot'42 REVISION OF SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS Section 202 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 202.01 shall include the following: The intent of this specification is to specify materials and methods for the grinding of existing pavement ' sections to remove the pavement to a specified depth, the removal and disposition of the ground material, and the preparation of the surface of the base material disturbed by the grinding process. All workmanship and materials shall be in accordance with this specification. ' CONSTRUCTION REQUIREMENTS Subsection 202.09 shall include the following: All concrete marked for repair within areas marked for grinding shall be repaired prior to commencement of the grinding. The Contractor shall provide a smooth surface suitable for the installation of new pavement to follow. The finished surface shall be free from gouges,, grooves, ridges, sooting, oil film and other imperfections of workmanship. The completed ground surface shall have a uniform textured appearance. It is the intent of this specification that the finished cross section of the roadway will be improved to eliminate excessive crown, excessive lips at the gutter pan areas and that the overall ride quality of the roadway section will be improved. The existing pavement shall be ground to the depth specified. Allowable tolerance for the pavement removal shall be within one-half inch (1/2") of the specified depth. ' In areas where the grinding process disturbs the existing subgrade/base course, the Contractor shall utilize a rubber tired roller to re -compact the surface. This item will not be measured and paid for separately but shall be included in the price for Removal of Structures and Obstructions (Grinding/Surface Preparation). If, in the opinion of the Engineer, the subgrade material/base course is unsuitable and will require additional grinding and/or excavation, the Engineer will direct the Contractor to perform the work in accordance with this specification, Section 203 - Excavation. The method of work and payment are covered in the appropriate specification. Stockpiling of ground materials or cuttings shall not be permitted on the project site. All ground materials shall become the property of the City of Fort Collins and shall be delivered by the Contractor to the City's site at 1500 Hoffman Mill Road. A grinding machine shall be used by the Contractor to perform the grinding operation. The equipment shall be self-propelled with sufficient power, traction, and stability to maintain adequate depth of cut and slope. The equipment shall be capable of accurately and automatically establishing a finish profile grade along each edge of the machine within one-half inch (1/2") of the specified depth. The grinding depth along the curb and gutter shall always be one inch (I") greater than the specified depth. This item will not be measured and paid for separately but shall be included in the unit price for grinding to the specified depth. ' The grinding machine shall be equipped with an integral loading and reclaiming means to immediately remove the materials being cut from the surface of the roadway and discharge the cuttings into a truck, all in one operation. The machine shall be equipped with a means to control the dust created by the cutting action and shall meet or exceed all local, state and federal air pollution laws. Project Specifications —Page 1 l of 42 REVISION OF SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS A skid -steer style planer attachment shall be used by the Contractor to perform the grinding operation with an approximate width of (2) two feet. The equipment shall be self-propelled with sufficient power, traction, and stability to maintain adequate depth of cut and slope. The Contractor shall also provide adequate backup equipment (mechanical street sweepers, loaders, water truck, etc.) and adequate personnel shall be provided to insure that all cuttings are removed from the roadway daily. It is the intent of this specification that the ground section will be paved back as follows: On streets where the grinding depth is such that the aggregate base course is to be replaced, the aggregate base course shall be placed the same day as the grinding and the bituminous paving (l st lift) within 48 hours of the grinding. The Engineer reserves the right to require that the ground section be paved back immediately in the case of grinding done on Friday, in the event that severe weather is imminent, or in the case that the ground section presents an extreme safety hazard to the traveling public or inconvenience to the residents. In the event that the ground section is not paved back the same day as the grinding, the Contractor shall provide access to the residents as directed by the Engineer. In the event that the ground section is not paved back the same day as the grinding, the Contractor shall be responsible for the protection of the subgrade/base course until subsequent courses have been placed. The Engineer may require that the pavement grinding operation be referenced from an independent grade control in those areas where the existing curb and gutter or roadway surfaces have deteriorated. In the event that the entire pavement width along a section of roadway has not been ground to a uniform surface by the end of the work period resulting in a vertical longitudinal face exceeding one inch (I") in height, this longitudinal face shall be sloped in a manner acceptable to the Engineer so as not to create a hazard to traffic using the roadway during periods when the construction is not in progress. Transverse faces that are present at the end of the working period shall be tapered at a 3: l ratio (three (3) inches horizontally for each one (1) inch of vertical drop.) The grinding machine shall not be operated within the close proximity to manholes, inlets, valve boxes and other obstructions that have not been lowered to avoid damage to these structures. (See Revision of Section 210 — Reset Structures for requirements for referencing structures during construction.) The approaches to and from these structures shall be tapered to allow a smooth transition over these structures to accommodate traffic flow over the manhole, valve box or other obstruction. Allowable taper shall not be greater than one quarter inch vertical rise per one foot distance from the structure. All curbs, gutters and other surfaces shall be cleaned of all debris and left in a neat and presentable condition at the end of each working day. The Contractor shall use all means necessary to prevent the spread of dust and debris during the performance of the work. Where equipment comes into contact with tree branches and other plant material, the contractor shall exercise suitable caution to avoid damage to all trees, shrubs, and other plant material. All trimming shall be performed under the direction of the Engineer. Project Specifications —Page 12 of 42 1 ' REVISION OF SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS METHOD OF MEASUREMENT Subsection 202.11 shall be revised to include the following: The accepted quantities of Grinding and Surface Preparation will be paid for at the contract unit price per square yard including haul. The removal of material in areas not accessible to the grinding machine will be paid for at the contract unit price for Grinding. ' Taper Planing shall consist of cold milling along the gutter at a depth of one inch (1 ") tapered to a depth on the other side of the mill of zero inches (0"). The width for Taper Planing shall be six (6) feet. Taper Planing shall be paid at the contract unit price per lineal foot. ' BASIS OF PAYMENT Subsection 202.12 is revised to include the following: iPayment will be made under: Pay Item Pay Unit 202.10 Grinding (Planing)/Surface Preparation Depth = 3 inches or less Square Yard 202.20 Grinding (Planing)/Surface Preparation Depth = 3+ to 5 inches Square Yard 202.30 Grinding (Planing)/Surface Preparation Depth = 5+ to 7 inches Square Yard 202.40 Grinding (Planing)/Surface Preparation Depth = 7+ to 9 inches Square Yard 202.50 Taper Planing Along Gutter Lineal Foot ' 202.60 Bobcat Style Milling < 3" Square Yard 202.70 Skid -Steer Style Milling — Additional Inch Thickness Square Yard - Inch The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in the Grinding and Surface Preparation, including haul, complete -in -place, as shown on these plans, as specified in these specifications, and as directed by the Engineer. 11 Project Specifications — Page 13 of 42 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Section 203 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 203.01 is revised to include the following: This work shall consist of removing and disposing of the existing pavement, base or other material, preparing the subgrade for the subsequent course, and placing borrow in accordance with the specifications and in reasonably close conformity with the lines, grades, and typical cross sections shown on the plans or as designated by the Engineer. All excavation will be classified, "General Excavation", "Muck Excavation", as hereafter described. The Contractor shall dispose of all excavated material. Subsection 203.02 is revised to include the following: (a) General Excavation shall consist of the excavation of all materials of whatever character required for the work not being removed under some other item. (b) Muck Excavation shall consist of the removal of unstable soils unsuitable for construction not being removed under some other item. Subsection 203.03 is revised to include the following: Borrow material shall meet the grading requirement for Class I (Pit Run) or Class 5 (Road Base) Aggregate Base Course. (The Class 1 Aggregate Base Course need not be crushed and can be of the pit run variety provided it falls within the gradation requirements as shown in the Standard Specifications.) The material required for a specific location shall be directed by the Engineer COSNTRUCTION REQUIREMENTS Subsection 203.04 is revised to include the following: The Contractor shall be responsible for the protection of the subgrade/base course until subsequent courses have been placed. The excavation will be accomplished in the following manner: General Excavation: The pavement areas to be removed will be marked on the surface by the Engineer with paint. A straight vertical cut shall be made through the pavement to provide a square or rectangular opening, such that each edge will be parallel or at right angles to the direction of traffic. Wheel cutting shall not be allowed. If, in the opinion of the Engineer, the subgrade material is unsuitable, it shall be removed to the limits and depths designated. After the material has been removed to the depth specified by the Engineer, the Contractor shall prepare the subgrade by compacting with a sheepsfoot roller, rubber tired roller and/or other compaction equipment as approved by the Engineer. The subgrade preparation shall not be measured and paid for separately, but shall be included in the contract unit price for General Excavation. Project Specifications —Page 14 of 42 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Muck Excavation: Where excavation to the finished grade section (including General Excavation and Patching) results in a subgrade of unsuitable soil, the Engineer may require the Contractor to remove the unsuitable materials and backfill to the finished grade section with approved material (asphalt or borrow). After the material has been removed to the depth specified by the Engineer, the Contractor shall prepare the subgrade with a sheepsfoot roller, rubber tired roller, vibratory plate, steel drum roller, and/or other compaction equipment as approved by the Engineer. The subgrade preparation shall not be measured and paid for separately but shall be included in the contract unit price for Muck Excavation. Borrow: Borrow shall be placed as directed by the Engineer. The minimum amount of borrow shall be one load ' (approximately ten (10) ton). The cost for compaction shall be included in the Contract Unit Price for Borrow. METHOD OF MEASUREMENT Subsection 203.13 shall include the following: The Contractor and the Engineer shall field measure and agree upon the excavated quantity before any further work continues. Should the Contractor fail to request the Engineer to measure any work and perform other work that would prevent the Engineer from measuring pay quantities, the Contractor shall not be compensated for materials not measured by the Engineer. The accepted quantities of Excavation will be paid for at the contract unit price per cubic yard. Subgrade preparation, haul and disposal will not be measured and paid for separately. The accepted quantities of Borrow will be paid for at the contract unit price per ton. Compaction and haul will not be measured and paid for separately. Material used for the Haul and Place Recycled Asphalt item will be provided, loaded, and weighed by the City at the Hoffman Mill pit. Payment will be per ton of material delivered and placed on the site. The unitprice for Shouldering does not include material. BASIS OF PAYMENT Subsection 203.14 shall include the following: Payment will be made under: Pay Item Unit 203.10 Excavation —General Less Than 100 CY Cubic Yard 203.11 Excavation —General Over 100 CY Cubic Yard 203.20 Excavation — Muck Cubic Yard 203.30 Borrow —Less Than 100 Ton Ton 203.31 Borrow — Over 100 Ton Ton 203.32 Haul & Place Recycled Asphalt Ton 203.33 Shouldering L.F. Project Specifications — Page 15 of 42 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in Excavation and Borrow including haul, stockpiling, placing material, watering or drying soil, compaction, proof rolling, finish grading and disposal of unusable materials, as shown on the plans, as specified in these specifications, and as directed by the Engineer. I I Project Specifications —Page 16 of 42 REVISION OF SECTION 210 RESET STRUCTURES Section 210 of the Standard Specifications is hereby revised as follows: CONSTRUCTION REQUIREMENTS Subsection 210.02 is revised to include the following: Manholes, valve boxes, meter boxes, and all other similar structures located in a pavement shall be adjusted as noted below. Prior to beginning any construction on existing streets that will receive reconstruction and/or overlay, the Contractor shall mark on the curb and gutter with paint the location of all existing structures. These markings shall be maintained by the Contractor until the work has been completed and accepted by the Engineer. The Contractor shall do all work needed to ensure that said structures can be readily adjusted and shall have all necessary materials on hand prior to commencing the work. Contractor shall verify that manholes and valve boxes can be adjusted prior to the overlay. In the event they cannot be adjusted, or properly fitted with rings, the Contractor shall excavate and adjust prior to the overlay as noted below. All structures shall be adjusted to be 1/8" to 5/8" below the pavement. In locations where a structure to be adjusted is surrounded by a concrete collar, the concrete collar shall be removed and replaced with Hot Bituminous Pavement. HBP Grading SG shall be used in all locations except as noted below. In locations where a structure adjustment takes place and no overlay is scheduled, HBP Grading SG shall be placed in the bottom of the patches and shall be left one and one-half (I %2 ) to two (2) inches below the existing street surface to allow the patch to be "topped" with a surface course material. The "topping" material shall be Hot Bituminous Pavement Grading SX on residential and Grading S on arterials or collector streets. Hot Bituminous Pavement used for "topping" material will be measured and paid for at the contract unit price for Patching. Pavement removal (concrete or asphalt) and placement of bituminous material (Hot Bituminous Pavement) utilized for structure adjustment, including Grading SG and "topping" material (Grading SX), shall be paid for under the contract unit price for Patching. Subsection 210. 10 is revised to include the following: The Engineer shall determine the method of adjustment for each structure. Valve boxes shall be adjusted by one of the following methods: 1. Adjust by removing the existing pavement (concrete or asphalt), adjusting the valve by turning it to the proper grade, trimming the existing asphalt by cutting vertical edges, then spreading and mechanically compacting bituminous material. This item will be measured and paid for separately under "Adjust Valve Box", not including bituminous material. ' 2. If the valve box cannot be turned up or can be turned up, but not sufficiently to achieve the proper grade or if the top section of valve box is in poor condition, the Contractor shall excavate around the top section of the valve box, and remove and replace the top section with a longer section. The top section part will be measured and paid for separately under the terms of this Contract. The excavation shall then be back filled with Non -Shrink backfill to the top of subgrade, and then material of the same grade and quality as the adjacent pavement shall be placed. A mix design for Non -Shrink back fill .shall be submitted and approved prior to starting work. These items shall be measured and paid for separately under "Adjust and Replace Top Section of Valve Box", not including the top section part or bituminous material. Project Specifications — Page 17 of 42 REVISION OF SECTION 210 RESET STRUCTURES Non -Shrink backfill -- also called Flowable Fill or Unshrinkable Fill -- shall be a Portland Cement Concrete Mix. The cement shall conform to the Standard Specifications for Portland Cement, ASTM C 150-85, Type I/II. The minimum 24 hour strength shall be 10 psi and the maximum 28 day strength shall be 60 psi. The maximum aggregate size shall be one inch (I "). The minimum slump shall be six inches (6") and the maximum, eight inches (8"). The non -shrink backfill shall be consolidated with a mechanical vibrator. Adjust with adjusting rings or Screw Type Adjustable Risers. These items will be measured and paid for under "Adjust Valve Box with Ring" or "Adjust Valve Box with Screw Type Adjustable Riser", including material (parts). The Contractor shall exercise reasonable care while attempting to adjust the valve boxes. If the Contractor is negligent and breaks the valve box, said valve box shall be replaced at the Contractor's expense. Adjusting rings for valve boxes shall be of the type manufactured by the Tyler Manufacturing Company or an approved equal. Valve Box Top Section, Screw Type Adjustable Risers, and Extensions shall be of the type manufactured by the Tyler Manufacturing Company, 6850 or 6860 Series, as approved by the Engineer. Manholes shall be adjusted by one of the following methods Adjust by removing an area of pavement (concrete or asphalt) with a minimum diameter one foot (F) larger than the structure (centered on the structure) by cutting vertical edges, adjusting the manhole by grouting concrete rings and/or utilizing metal shims to raise the structure to the proper grade, then spreading and mechanically compacting bituminous material. This item will be paid for under "Adjust Manhole", not including bituminous material. Adjust with adjusting rings. This item will be measured and paid for separately under "Adjust Manhole with Ring". Paving rings are not permitted on arterial streets, collector streets, or in the wheel path of a travel lane. Contractor shall verify that the manhole can properly be adjusted with a ring to the proposed grade prior to beginning the overlay. When the manhole adjustment is complete, the slope of the top surface of the manhole cover shall match the slope of the pavement in both the longitudinal and traverse directions. Any manhole cover which is unstable or noisy under traffic shall be replaced by the Contractor. If a manhole or valve box is located in an area to be patched or cold milled, it may be adjusted as part of that operation utilizing one of the methods listed in the previous paragraphs. The adjustment will be paid for under the matching item. If the structure is adjusted during the grinding or patching operation, the Contractor shall place hot bituminous material around the structure as directed by the Engineer to insure that it will not be a hazard to vehicular traffic. The Contractor shall be responsible for immediately cleaning out all construction materials that may fall into manholes, valve boxes, or other structures during the construction process. In the event that a structure was not properly adjusted (i.e. too high or too low), written notice will be given by the Engineer to the Contractor requiring the Contractor to make the necessary adjustments within five (5) working days. In the event that the structure is not adjusted within said time frame, the Engineer shall have the right to engage a third party to complete the work, and to withhold the cost of such work from payments due the Contractor. Project Specifications — Page 18 of 42 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 h 1 REVISION OF SECTION 210 RESET STRUCTURES The Engineer will also notify the Contractor in writing of any structures that were covered during the paving operation. The Contractor shall then have five (5) working days to make said structure accessible or will be subject to the constraints of the previous paragraph with respect to a third party completing the work. In the unlikely event that a structure is adjusted after the overlay is complete, the Contractor must exercise care as not to damage the new pavement surrounding the structure. The "topping" material shall be Grading SX on residential streets, and Grading S on arterial and collector streets. Grading SG shall be used for the bottom lifts as described in Revision of Section 403, Hot Bituminous Pavement — Patching. METHOD OF MEASUREMENT Subsection 210.12 shall include the following: The accepted quantities of Adjust Manholes, Valve Boxes, and Meter Boxes will be paid for at the contract unit price per each. Non -shrink backfill, concrete, haul and disposal will not be measured and paid for separately but shall be included in the contract unit price for each type of adjustment. BASIS OF PAYMENT Subsection 210.13 shall include the following: Payment will be made under: Pay Item Unit 210.00 Reset Mail Box Each 210.01 Adjust Valve Box Each 210.02 Adjust Valve Box with Ring Each 210.03 Adjust Valve Box with Tyler 6860 Series, Item R 69, Screw Type Adjustable Riser Each 210.04 Adjust and Replace Top Section of Valve Box Each 210.05 Tyler 6850 Series, Item 58, 14" Valve Box Extension (Part Only) Each 210.06 Tyler 6860 Series 16" Valve Box Top Section Without Lid (Part Only) Each 210.07 Tyler 6860 Series 26" Valve Box Top Section Without Lid (Part Only) Each 210.08 Total Valve Box Replacement Tyler 6860 Series, 30" Bottom Section Each 210.09 Adjust Standard Manhole < 24" Each 210.10 Adjust Special Manhole > 24" Each 210.11 Adjust Manhole With Ring Each Project Specifications — Page 19 of 42 REVISION OF SECTION 210 RESET STRUCTURES The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in adjusting structures, complete -in -place, including non -shrink backfill, concrete, haul and disposal, as shown on the plans, as specified in these specifications, and as directed by the Engineer. Project Specifications — Page 20 of 42 1 REVISION OF SECTION 306 RECONDITIONING/ASPHALT RECYCLING Section 306 of the Standard Specifications is hereby revised as follows: CONSTRUCTION REQUIREMENTS ISubsection 306.02 is revised to include the following: Reconditioning shall consist of scarifying and recompacting the top 8" of the entire subgrade. Sufficient water shall be added to meet the density requirements as specified. The subgrade shall be thoroughly mixed and moistened to full depth and compacted as specified in Section 203.07. The reconditioned surface shall not vary above or below the lines and grades as staked by more than 0.04 foot under asphalt or concrete pavement, or 0.08 foot under aggregate base course. The surface shall be tested prior to application of any base course or pavement. All defective work shall be corrected as directed. The surface shall be satisfactorily maintained until base course or pavement has been placed. ' Asphalt Recycling shall consist of homogeneously pulverizing and mixing the existing asphalt roadway and underlying base material to a depth as determined by the Engineer. Care shall be taken to insure that the recycling process does not extend into the subgrade material. The resulting mixture shall be pulverized and blended to the satisfaction of the Engineer and meet the following requirements: Minimum Passing 1'/2" 97-100 % Minimum Passing No. 1 Sieve 60-65 % The equipment required for Asphalt Recycling shall be a self-propelled, rotary cross shaft mixing machine with a minimum of 400 horsepower and equipped with carbide -tipped teeth. This machine must be capable of making consecutive passes until the gradation requirement is met. The mixer shall be capable of pulverizing and mixing to a minimum depth of 12". The subcontractor performing Asphalt Recycling must have previous experience in the field of in -place Asphalt Recycling. METHOD OF MEASUREMENT Subsection 306.03 is revised to include the following: The accepted quantities of Reconditioning and in place Asphalt Recycling will be paid for at the contract unit price per square yard. IBASIS OF PAYMENT Subsection 306.04 is revised to include the following: Payment will be made under: Pay Item Unit 306.10 Subgrade Preparation S.Y. 306.20 Asphalt Recycling (5-10") S.Y. I Project Specifications — Page 21 of 42 REVISION OF SECTION 306 RECONDITIONING/ASPHALT RECYCLING The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in Reconditioning and Asphalt Recycling, complete -in -place, including compaction, wetting or drying, and finish grading, as shown on the plans, as specified in these specifications, and as directed by the Engineer. 11 1 u Project Specifications — Page 22 of 42 REVISION OF SECTION 307 STABILIZED SUBGRADE - CLASS C FLY ASH Section 307 of the Standard Specification is hereby revised as follows: DESCRIPTION Subsection 307.01 is revised to include the following: This item shall consist of treating the subgrade, existing subbase or existing base, by pulverizing, adding Class C fly ash, and mixing and compacting the mixed material to the required density. This item applies to natural ground or embankment and shall be constructed as specified herein and in conformity with the typical sections, lines and grades as shown on the plans or as established by the Engineer. MATERIALS Subsection 307.02 is revised to include the following: (1) Fly Ash - Fly Ash shall meet ASTM C 618 for Class C Fly Ash. (2) Water - The water used in the stabilized mixture shall be potable. ' CONSTRUCTION REQUIREMENTS Subsection 307.04 is revised to include the following: EQUIPMENT (1) The machinery, tools and equipment necessary for proper prosecution of the work shall be on the project and approved by the Engineer prior to the beginning of construction operations. All machinery, tools, and equipment used shall be maintained in a satisfactory and workmanlike manner. (2) Fly ash is furnished in trucks. Each truck shall have the weight of fly ash recorded on certified scales. r CONSTRUCTION METHODS (1) General It is the purpose of this specification to secure a completed course of treated material which contains a uniform fly ash/soil mixture with no loose or segregated areas; has a uniform density and moisture content; is well bound for its full depth; and has a smooth surface suitable for placing subsequent courses. It shall be the responsibility of the Contractor to regulate the sequence of his work; to process a sufficient quantity of material to provide full depth as shown on the plans; to use the proper amounts of fly ash; to maintain the work; and to rework the courses as necessary to meet the above requirements. (2) Preparation of Subgrade Before other construction operations are begun, the subgrade shall be graded and shaped to enable the fly ash treatment of materials in place, in conformance with the lines, grades, and thickness shown on the plans. Project Specifications — Page 23 of 42 REVISION OF SECTION 307 STABILIZED SUBGRADE - CLASS C FLY ASH (3) (4) (5) Application The fly ash shall be spread by a method approved by the Engineer at the rates shown on the plans or as directed by the Engineer. Fly ash shall not be applied when wind conditions, in the opinion of the Engineer, are such that blowing fly ash becomes objectionable to traffic or adjacent property owners. During final mixing, the materials shall be sprinkled, as directed by the Engineer, until the proper moisture content has been secured. However, initial mixing after the addition of fly ash will be accomplished dry, or with a minimum of water, to prevent fly ash balls. Final moisture content of the mix, prior to compaction, shall not exceed the optimum moisture content of the mix by more than 2%, nor be less than optimum by more than 2%. Should the natural moisture content of the soil be above the specified range, aeration of the soil may be required prior to addition of the fly ash. Mixing The soil and fly ash shall be thoroughly mixed by approved road mixers or other approved equipment. The mixing shall continue until, in the opinion of the Engineer, a homogeneous, friable mixture of soil and fly ash is obtained, free from all clods or lumps. Water required to achieve the specified moisture content for the mixture should be added after initial mixing. There shall be a 6" overlap between passes to assure a consistent mix. Compaction Compaction of the mixture shall begin immediately after mixing of the fly ash and shall be completed within 2 hours following addition of water to the fly ash. The material shall be sprinkled as necessary to maintain the optimum moisture. Compaction of the mixture shall begin at the bottom and shall continue until the entire depth of mixture is uniformly compacted to the specified density. All non -uniform (too wet, too dry, or insufficiently treated) areas which appear shall be corrected immediately by scarifying the areas affected, adding or removing material as required, and reshaping and re -compacting by sprinkling and rolling. The surface of the course shall be maintained in a smooth condition, free from undulations and ruts, until other work is placed thereon or the work is accepted. The stabilized section shall be compacted to the extent necessary to provide the density specified below. DESCRIPTION DENSITY For fly ash treated subgrade, existing subbase or Not less than 95% maximum dry density existing base that will receive subsequent subbase (ASTM D 698) or base courses. For fly ash treated base that will receive surface Not less than 97% maximum dry density course. (ASTM D 698) In addition to the requirements specified for density, the full depth of the material shown on the plans shall be compacted to the extent necessary to remain firm and stable under construction equipment. After each section is completed, tests as necessary will be made by the Engineer. If the material fails to meet the density requirements, the Engineer may require it to be reworked as necessary to meet those requirements or require the Contractor to change his construction methods to obtain required density on the next section. Throughout this entire operation the shape of the course shall be Project Specifications — Page 24 of 42 1 REVISION OF SECTION 307 STABILIZED SUBGRADE - CLASS C FLY ASH maintained by blading, and the surface, upon completion, shall be smooth and in conformity with the typical section shown on the plans and to the established lines and grades. Blading should be terminated within 2 hours after blending of the fly ash. Should the material, due to any reason or cause, lose the required stability, density or finish before the next course is placed, or the work is accepted, it shall be reprocessed, re -compacted, and refinished at the sole expense of the Contractor. r, Reprocessing shall follow the same pattern as the initial stabilization, including the addition of fly ash. (6) Finishing, Curing, and Preparation for Surfacing ' After the final layer or course of the treated subgrade, subbase or base has been compacted, it shall be brought to the required lines and grades in accordance with the typical sections. 1 (a) The resulting base surface shall be thoroughly rolled with a pneumatic tire roller and "clipped", "skinned", or "tight bladed" by a power grader to a depth of approximately 1/4", removing all loosened stabilized material from the section. Re -compaction of the loose ' material should not be attempted. The surface shall then be thoroughly compacted with the pneumatic roller, adding small increments of moisture as needed during rolling. Ifplus No. 4 aggregate is present on the surface of the mixture, one complete coverage of the section with the flat wheel roller shall be made immediately after the "clipping" operation. When directed by the Engineer, surface finishing methods may be varied from this procedure provided a dense, uniform surface, free of surface compaction planes, is produced. The moisture content of the surface material must be maintained within the specified range during all finishing, and shall proceed in such a manner as to produce, in not more than 2 hours, a smooth, closely knit surface, free of cracks, ridges or loose material conforming to the crown, grade and line shown on the plans. (b) After the fly ash treated course has been finished as specified herein, the surface shall be protected against rapid drying in a thorough and continuously moist condition by sprinkling for a period of not less than 3 days, or until the surface or subsequent courses are placed. METHOD OF MEASUREMENT Subsection 307.13 is revised to include the following: Fly ash treatment of the subgrade, existing subbase, and existing base shall be measured by the square yard to neat lines as shown on the typical sections. BASIS OF PAYMENT Subsection 307.14 is revised to include the following: Work performed and materials furnished as prescribed by this item and measured as provided under "Measurement" will be paid for as follows: Pay Item 307.10 Class C Fly Ash Delivered and Spread 12" Depth, 10% by Weight 307.20 Stabilize Subgrade — Tilled & Watered IProject Specifications — Page 25 of 42 Unit Ton S.Y. REVISION OF SECTION 307 STABILIZED SUBGRADE - CLASS C FLY ASH "Fly Ash Treated Subgrade" will be paid for at the unit price bid per square yard. The unit price bid shall be full compensation for all correction of secondary subgrade; for loosening, mixing, pulverizing, spreading, drying, application of fly ash, and maintaining; for all curing, including all curing water and/or other curing materials; for all manipulations required; for all hauling and freight involved; for all tools, equipment, labor, and for all materials necessary to complete the work, including fly ash, as shown on the plans, as specified in these specifications, and as directed by the Engineer. 1 Project Specifications — Page 26 of 42 1 REVISION OF SECTION 401 PLANT MIX PAVEMENTS Section 401 of the Standard Specifications is hereby revised as follows: MATERIALS ' The following two paragraphs shall be deleted from Subsection 401.02 (a)(4) "A sufficient quantity of each aggregate, mineral filler, reclaimed material, and additive for the required Laboratory tests." "The Department will process one asphalt design mix for each pavement grading at no charge to the Contractor. The Contractor will be assessed a charge of $3,000 for testing and evaluating each additional design mix submitted by the Contractor." Subsection 401.02 is hereby revised to include the following: ' Requests made in writing by the Contractor for changes in the job mix formula will be considered by the Engineer. A job mix formula shall be determined by the Contractor and submitted to the Engineer for approval a minimum of one week prior to the beginning of construction for each proposed change. The Contractor shall provide the Engineer with a report from an independent testing laboratory acceptable to the Engineer. The report shall state the Superpave properties, optimum oil content, job mix formula and recommended mixing and placing temperatures. The costs for all job mix formulas shall be the responsibility of the Contractor. If the Contractor uses more than three (3) job mix formulas for a type of plant mix pavement used, the City may charge the Contractor for testing and evaluation of the mix designs, including the costs for calibration. Mix design verification testing shall be the responsibility of the Contractor. A minimum of one verification per mix design or one per 10,000 ton of mix used shall be provided to confirm oil content, gradation, air voids, VMA, and stability. CONSTRUCTION REQUIREMENTS Subsection 401.07 shall include the following: D Plant mix pavement shall be placed only on properly prepared unfrozen surfaces which are free of water, snow, and ice. The plant mix pavement shall be placed only when both the air and surface temperatures equal or exceed the temperatures specified in Table 401-3, the dates coincide with Table 401-3A, and the Engineer determines that the weather conditions permit the pavement to be properly placed and compacted. oSubsection 401.17 is hereby revised to include the following: All pneumatic tire rollers shall be equipped with rubber skirt. IProject Specifications — Page 27 of 42 REVISION OF SECTION 403 HOT MIX ASPHALT Section 403 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 403.01 is revised to include the following: This work shall consist of placing the specified depth of Hot Bituminous Pavement, Grading SX - Parking Lot Overlay, Grading SX, Grading SG, or Grading S, over existing pavement or subgrade surfaces previously prepared by the Contractor or City of Fort Collins Crews, according to the current Larimer County Urban Area Street Standards and Colorado Department of Transportation Design Criteria. MATERIALS Subsection 403.02 is revised to include the following: Laboratory Mix Design - SHRP Mix, Grading S - The mix design shall be prepared by an independent laboratory acceptable to the Engineer. The criterion for the mix design is as follows: Designed according to most recent set of SUPERPAVE Specifications available at the time A request made in writing by the Contractor for changes in the job mix formula will be considered by the Engineer. The design mix for Grading S, SX, and SG shall conform to the current Larimer County Urban Area Street Standards and the following: Property Test Method Grading S Grading SG Grading SX Minimum Dry Split Tensile Strength, kPa CPL 5109 (psi) Method B 205 (30) 205 (30) 205 (30) Grade of Asphalt Cement Top Layer PG 64-28 PG 64-22 PG 64-22 Grade of Asphalt Cement Layers Below Top PG 64-28 PG 64-22 PG 64-22 Voids in the Mineral Aggregate (VMA) % minimum CP 48 (a) (a) (a) Voids Filled with (a) (a) (a) Asphalt (VFA) % Al MS-2 (a) Current CDOT Design Criteria (b) Residential 75, Collector 100, Arterial 100 Project Specifications — Page 28 of 42 L ' SECTION 00610 ' PERFORMANCE BOND Bond No. 08983198 0 KNOW ALL MEN BY THESE PRESENTS: that ' o L o (Firm) Lafarge North America, Inc. dba Lafarge West, Inc. F- U) (Address) 1800 N. Taft Hill Rd., Fort Collins, CO 80521 °a (,AWx3"0u&dam1) , ( gkXZWZ04 XXk)k ;p) , (a Corporation) , hereinafter referred to as 'ii V- the "Principal" and �L (Firm) Fidelity and Deposit Company of Maryland (Address) 1400 American Lane, Schaumburg, IL 60196 - 1056 hereinafter referred. to as "the Surety", are held and firmly bound unto C� L 2 of Fort Collins, 300 Laporte. Ave, Fort Collins, Colorado 80522 a (Municipal W Corporation) hereinafter referred to as the "OWNER", in the penal sum of ' c 2 6 *See Side in lawful money of the United States, 0'a e bind ourselves, for the payment of which sum well and truly to be made, w N � successors and assigns, jointly and severally, firmly by these presents. a> c co ' c o O � � THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 14th day of may 2010, a Copy off which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 6049 Asphalt Overlay Project 2010 Renewal. ' NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of ' said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify ' and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. 1 7/96 Section 00610 Page 1 REVISION OF SECTION 403 HOT MIX ASPHALT. ' The Contractor shall prepare a quality control plan outlining the steps taken to minimize segregation of HBP. This plan shall be submitted to the Engineer and approved prior to beginning the paving operations. When the Engineer determines that segregation is unacceptable, the paving shall stop and the cause of segregation shall be corrected before paving operations will be allowed to resume. Reclaimed materials will not be allowed in Hot Bituminous Pavement. A maximum of 20% reclaimed material will be allowed for HBP Grading SG. Emulsified Asphalt for tack coat shall be Grade CSS-1 It. The tack coat shall consist of a 1: l dilution (one (1) part emulsified asphalt to one (1) part water). The application rate for tack coat shall be approximately 0.1 gallons per square yard. CONSTRUCTION REQUIREMENTS ' Subsection 403.03 is revised to include the following: The Contractor shall construct the work such that all roadway pavement placed prior to the time paving operations end for the year, shall be completed to the full thickness required by the plans. The Contractor's Progress Schedule shall show the methods to be used to comply with this requirement. Regardless of the delivery temperature, the mixture shall not be placed for use on the roadway at a temperature lower than 225E F. The existing pavement shall be broomed and cleaned to be free of dirt, water, vegetation and other deleterious 1 matter immediately prior to commencing the paving operation. Edges of the area to be patched shall be sawcut vertically, and perpendicular or parallel to the roadway, as directed by the Engineer. Tack coat shall be placed against clean, vertical edges on all sides of the area to be patched. Hot Bituminous Pavement Grading SX and S, shall be placed in equal lifts two (2) inches. The minimum lift thickness shall be one and one half (1 %") inch. HBP Grading SG shall be placed in equal lifts not exceeding four (4) inches. The minimum lift thickness shall be three (3) inches. Overlaying layers of Hot Bituminous Pavement shall not be placed until the lower layer has cooled sufficiently to provide a stable material which will support the equipment without rutting, shoving or moving in any manner. Tack coat shall be placed between all lifts. ' Any leveling courses placed shall be paid for at the contract unit price for Hot Bituminous Pavement. Asphalt depths are specified per location in Section 02500, Quantity Estimate. Any deviation from the specified depths shall be approved by the Engineer prior to asphalt placement. METHOD OF MEASUREMENT ' Subsection 403.04 shall include the following: Hot Bituminous Pavement Grading SX - Parking Lot, SX — Basketball Court, SX, S, and SG, will be measured by the ton and paid for at the Contract Unit Price for Hot Bituminous Pavement. Haul, bituminous materials, aggregate, asphalt cement, asphalt recycling agent, additives, hydrated lime, and all other work necessary to complete each hot bituminous pavement item will not be paid for separately but shall be included in the unit price bid. IProject Specifications — Page 29 of 42 REVISION OF SECTION 403 HOT MIX ASPHALT Load slips shall be consecutively numbered for each day and shall include batch time. BASIS OF PAYMENT Subsection 403.05 shall include the following: Payment will be made under: Pay Item Unit 403.01 HMA Grading SX - Parking Lot Overlay Ton 403.02 HMA Grading SX - Basketball Court Ton 403.03 HMA Grading SX Ton 403.04 HMA Grading S, 64 - 28 Modified Binder Ton 403.05 HMA Grading S, 64 - 22 Binder Ton 403.06 HMA Grading SG Ton The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in Hot Bituminous Pavement, including compaction, rolling, haul, surface preparation, and bituminous materials, complete in -place, as shown on these plans, as specified in these specifications, and as directed by the Engineer. Project Specifications — Page 30 of 42 ' REVISION OF SECTION 403 HOT MIX ASPHALT - PATCHING ' Section 403 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 403.01 is revised to include the following: This work shall consist of excavating pavement areas to the specified depth, preparing the subgrade, and placing Hot Bituminous Pavement in accordance with these specifications, and in reasonably close conformity with the lines, grades, thickness and typical cross sections shown on the plans or established. MATERIALS Subsection 403.02 is revised to include the following: The materials shall conform to the requirements of Revision of Section 403 - Hot Bituminous Pavement found herein. CONSTRUCTION REQUIREMENTS Subsection 403.03 is revised to include the following: ' Patching will be accomplished in the following manner: A straight vertical cut shall be made through the pavement to provide a square or rectangular opening, such that each edge of the finished patch will be parallel or at right angles to the direction of traffic. Wheel cutting shall not be allowed. All patches placed in pavement not to be overlaid shall be sawcut. If, in the opinion of the Engineer, the subgrade material for the patch is unsuitable, it shall be removed to the ' limits and depths designated. If asphalt is to be placed in the extra depth, the Contract Unit Price for Patching shall be used for measurement and payment. If the deepened section is to be filled with Borrow, the excavation ' .will be measured and paid for under Revision of Section 203 - Excavation and the material paid for under the appropriate item found herein. The Contractor shall be responsible for the protection of the subgrade/base course until subsequent courses have ' been placed. After the excavation has been completed, the Contractor shall prepare the subgrade by utilizing a vibratory plate, roller, or other compaction device approved by the Engineer. After the area to be patched is prepared, the Contractor shall place an emulsified asphalt tack coat on all pavement cut surfaces and on the lip of exposed gutter and crosspan faces that abut these paving areas. ' Emulsified Asphalt for tack coat shall be grade CSS-1 h. The tack coat shall consist of a 1:1 dilution (one (1) part emulsified asphalt to one (1) part water). The application rate for tack coat shall be approximately 0.1 ' gallons per square yard. Grading SG shall be used in all locations except in locations where patching takes place and no overlay is scheduled. I Project Specifications —Page 31 of 42 REVISION OF SECTION 403 HOT MIX ASPHALT - PATCHING Grading SG shall be placed in the bottom of the patches and shall be left one and one-half (12) to two (2) inches below the existing street surface to allow the patch to be "topped" with a surface course material. The "topping" material shall be Hot Bituminous Pavement Grading SX for residential streets, and Grading S for arterials and collectors. Hot Bituminous Pavement used for "topping" material will be measured and paid for at the Contract Unit Price for Patching. In locations where concrete repairs take place in an area of a large patch or in grind areas and the grind operation does not immediately follow the concrete repair (three (3) days), the Contractor shall remove no more than six (6) inches of pavement. The pavement areas shall be temporarily patched with a minimum of two (2) inches of asphalt. These locations shall be paid under the Contract Unit Price for Patching. Regardless of the delivery temperature, the mixture shall not be placed for use on the roadway at a temperature lower than 225' F. Pavement areas to be replaced adjacent to concrete repairs shall be completed within three (3) working days of said concrete work. Areas requiring reduction in the quantity for Patching shall be deducted from the pay quantity using the following formula: Deduct 0.054 Tons Per Square Yard Inch METHOD OF MEASUREMENT Subsection 403.04 is revised to include the following: Patching and Arterial Patching will be measured and paid for at the Contract Unit Price per Ton. The Arterial Patching item will be used when existing asphalt is equal to or greater than 10". Pavement cutting, excavation, subgrade preparation, haul, disposal, and bituminous materials will not be measured or paid for separately, but shall be included in the contract price for Patching or Arterial Patching. Load slips shall be consecutively numbered for each day and shall include the batch time. BASIS OF PAYMENT Subsection 403.05 is revised to include the following: Payment will be made under: Pay Item Unit 403.07 HMA Patching - Remove & Replace Ton 403.08 HMA Patching > 10" Remove & Replace Ton The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in Patching, including pavement cutting, excavation, haul, disposal, surface preparation, and bituminous materials, complete -in -place, as shown on these plans, as specified in these specifications, and as directed by the Engineer. Project Specifications — Page 32 of 42 11 1 REVISION OF SECTION 420 GEOTEXTILE PAVING FABRIC Section 420 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subection 420.01 is revised to include the following: This work shall consist of placing Geotextile Paving Fabric as manufactured by Phillips Fibers Corporation, Hoechst Fibers Industries, Amoco Fabrics Company, or an approved equal in designated areas in substantial compliance with the plans, specifications and as directed by the Engineer. MATERIALS Subsection 420.02 is revised to include the following: Geotextile Paving Fabric shall be a non -woven, needle -punched pavement reinforcing fabric which conforms to the following properties: Grab Strength, either 90 lbs. direction, minimum (ASTM D-4632) Elongation, either direction, 50 percent minimum (ASTM D-4632) Burst Strength, minimum 185 PSI (ASTM D-3786) Weight, minimum 3.6 oz./sq. yd. Asphalt Retention, minimum 0.2 gal./sq. yd. (TF25 #8) Melting Point, minimum 300' Fahrenheit (ASTM D-276) The tack coat to be applied to the road surface and/or to the Geotextile Paving Fabric shall meet the following requirements: Asphalt Cement AC-20 Emulsified and/or Cutback Asphalt shall not be used as tack coat for Geotextile Paving Fabric. CONSTRUCTION REQUIREMENTS Subsection 420.03 is revised to include the following: Surface preparation: The pavement to be repaired shall be cleaned and free of dirt, dust, water and ' vegetation. Cracks shall be cleaned and filled in accordance with "Revision of Section 403, Crack Sealing" of these Specifications. If the crack filling materials contain volatiles, adequate curing time must be allowed prior to placement of the fabric. The pavement must be cleared of all sharp or angular protrusions. 1 Project Specifications — Page 33 of 42 REVISION OF SECTION 420 GEOTEXTILE PAVING FABRIC Application of Tack Coat: The tack coat shall be applied at a rate in accordance with the manufacturer's specifications (approximately 0.25 gal./sq. yd). Application must be by a distributor. Temperature of the tack coat must be sufficiently high to permit a uniform spray pattern. The maximum asphalt temperature shall be 300' F. Subsection 420.04 is revised to include the following: Geotextile Paving Fabric Placement: The Geotextile Paving Fabric shall be placed into the tack coat with a minimum of wrinkles. If Geotextile Paving Fabric folds greater than one inch (l ") occur, the Geotextile Paving Fabric shall be slit and allowed to lie flat. Additional tack coat shall be placed as required to insure fabric bonding. If Geotextile Paving Fabric is placed adjacent to patched sections of roadway, the fabric shall overlap said patched section a minimum of 12 inches. All joints shall overlap adjacent fabric approximately 2-6 inches. Transverse joints of the Geotextile Paving Fabric shall be shingled in the direction of the paving to prevent edge pickup by the paver. Additional tack coat shall be uniformly applied to the joints and overlaps to insure bonding. It shall be the Contractors responsibility to maintain the Geotextile Paving Fabric until the overlay is complete. If the Geotextile Paving Fabric begins to be picked up, the Contractor shall immediately broadcast sand or hot mix asphalt over the area or "skin" the Geotextile Paving Fabric with Hot Bituminous Pavement SC Type 1 or 2. Excess sand or hot mix shall be removed before paving. Sand used for this purpose will not be measured and paid for separately under the terms of this contract. Hot Bituminous Pavement (SC Type 1 or 2) used for this purpose will be measured and paid for at their respective contract unit prices per ton. Geotextile Paving Fabric shall be clean, dry and sufficiently bonded to the tack coat prior to commencing the paving operations. Paving operations shall be completed the same day as the Geotextile Paving Fabric placement. METHOD OF MEASUREMENT Subsection 420.09 is revised to include the following: Geotextile Paving Fabric will be measured by the square yard of surface area covered, complete in place, including surface preparation and AC-20 tack coat. BASIS OF PAYMENT Subsection 420.10 is revised to include the following: The accepted quantities of Geotextile Paving Fabric will be paid for at the contract unit price per square yard complete -in -place, including surface preparation and AC-20 tack coat. Project Specifications — Page 34 of 42 REVISION OF SECTION 420 GEOTEXTILE PAVING FABRIC ' Payment will be made under: Pay Item Pay Unit 420.01 Geotextile Paving Fabric Square Yard The above prices and payment shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in placing tack coat and Geotextile Paving Fabric, including haul I and bituminous materials, complete -in -place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. 1 1 1 I Project Specifications — Page 35 of 42 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 630.01 shall be revised as follows: This work shall consist of furnishing, installing, moving maintaining and removing temporary traffic signs, advance warning arrows panels, barricades, channelizing devices, and delineators as required by the latest revision of the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD), the City of Fort Collins "Work Area Traffic Control Handbook", and the Larimer County Urban Area Street Standards. In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. When a device is not in use, the Contractor shall remove it from the project for the period it is not needed. Devices temporarily not in use shall, as a minimum, be removed from the area. Moving will include devices removed from the project and later returned to use. Payment shall be made for the maximum number of each type of traffic control device being used at one given time per day. Traffic control devices shall be placed and/or stored in the City right-of-way in such a manner that minimizes the hazards to pedestrians, bicyclists and vehicles. Traffic control devices shall be removed from the site immediately upon completion of the work for any street(s). MATERIALS Subsection 630.02 shall include the following: All traffic control devices placed for this project must meet or exceed the minimum standards set forth in the MUTCD. All traffic control devices shall be clean and in good operating condition when delivered and shall be maintained in that manner on a daily basis. All traffic control devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (i.e. crossed out information, information written in long -hand style, etc.) Additionally, any sign blank with sign faces on both sides must have the back sign face covered when in use to avoid confusion to motorists traveling in the opposite direction and other potentially affected parties, such as residents affected by any information the sign may present. CONSTRUCTION REQUIREMENTS Subsection 630.09 shall be revised as follows: TRAFFIC CONTROL PLAN Traffic control through the construction areas is the responsibility of the Contractor. For all locations, a Traffic Control Plan shall be prepared. The Traffic Control Plans shall be on City supplied forms. The Traffic Control Plans shall be submitted for approval to the Engineer by 8:00 a.m., two working days prior to the commencement of work. (Note: Traffic Control Plans for work done on Monday and Tuesday shall be submitted the previous Friday by 8:00 a.m.) Full road closure plans shall be submitted no later than Friday mornings by 8:00 a.m. for projects starting the following week. All plans shall be delivered to City Engineering, 281 North College Avenue. Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Traffic Control Plan has been approved. Failure to have an approved Traffic Control Plan shall constitute cause for the City to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. Project Specifications — Page 36 of 42 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL ' All costs associated with Traffic Control Plan review will not be measured or paid for separately, but shall be considered incidental to the Work. The Traffic Control Plan shall include, as a minimum, the following: (1) A detailed diagram which shows the location of all sign placements, including advance construction ' signs (if not previously approved) and speed limit signs; method, length and time duration for lane closures, and location of flag persons. (2) A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to: construction signs; vertical panel; vertical panel with light; Type I, Type II, and Type III barricades; cones; drum channelizing devices; advance warning flashing or sequencing arrow panel. Certain traffic control devices may be used for more than one operation or phase. However, all devices required for any particular phase must be detailed and tabulated for each phase. (3) Number 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 shall be submitted and approved which show the location and quantity of "NO PARKING" signs, the date to be placed, and the date to be removed. The plans shall be prepared on City supplied forms. The Parking Restriction Plans shall be submitted to the Engineer by 8:00 a.m., two working days prior to the commencement of work. (Note: Parking Restriction Plans for work done on Monday and Tuesday shall be submitted the previous Friday by 8:00 a.m.) All plans shall be delivered to City Engineering, 281 North College Avenue. Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Parking Restriction Plan has been approved. Failure to have an approved Parking Restriction Plan shall constitute cause for the City to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. The cost for preparing and submitting the traffic control plan shall be included in the contract unit price for Traffic Control Supervisor. Subsection 630.10 shall be revised as follows: ' TRAFFIC CONTROL MANAGEMENT Traffic Control Management shall be performed by a Traffic Control Supervisor (TCS). The TCS(s) shall possess a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control Supervisor or Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor. (Proof of certification shall be presented to the City Traffic Control Manager, and when requested by a City representative, for each TCS utilized on this project.) 1 One TCS shall be designated as the Head TCS. The Head TCS shall have a minimum of one year experience as a certified TCS. Qualifications shall be submitted to the Engineer for approval a minimum of one week prior to commencement of the work. The Head TCS shall be on site at all times during the construction when payment is made under the contract unit price for Traffic Control Supervisor per day. When the TCS is being paid under the TCS per hour item, time spent on site may be modified by the City 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. Project Specifications —Page 37 of 42 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL The TCS shall be equipped with a cellular phone. The cost of this phone shall be incidental to the day or hour , pay unit for TCS. It is the intent of the specifications that the Head TCS be the same throughout the project. If the Head TCS is to be replaced during the project, the Engineer shall be given a minimum of one (1) weeks notice and qualifications shall be submitted for approval for the replacement. The Head TCS will be paid for under the TCS item. The TCS's duties shall include, but not be limited to: ' (1) Preparing, revising and submitting Traffic Control Plans as required. (Review fees will not be measured or paid for separately, but shall be considered incidental to the Work.) (2) Direct supervision of project flaggers. (3) Coordinating all traffic control related operations, including those of the Subcontractors and suppliers. (4) Coordinating project activities with appropriate police and fire control agencies, Transfort, school districts and other affected agencies and parties prior to construction. Typed hand delivered notification to all businesses and residents at least 24 hours prior to construction. (The notification of residents and businesses may be accomplished by a representative of the TCS.) (5) Maintaining a project traffic control diary which shall become part of the City's project records. (6) Inspecting traffic control devices on every calendar day for the duration of the project. (7) Insuring that traffic control devices are functioning as required. (8) Overseeing all requirements covered by the plans and specifications which contribute to the convenience, safety and orderly movement of traffic. (9) Flagging. (10) Setting up traffic control devices. Notification of residents and businesses shall be the responsibility of the TCS and shall consist of distributing letters indicating the nature of the work to be completed, any special instructions to the residents (i.e. limits on lawn watering during concrete pouring, etc.), the dates and times of the work, and the parking and access restrictions that will apply, as well as thorough information placed on "NO PARKING" signs. Sample letters will be provided by the Engineer and shall be distributed prior to the commencement of each phase of the work. Letters shall be submitted with the Traffic Control Plans for approval. Approved letters shall be distributed a minimum of 24 hours prior to the commencement of work. (Note: The time frame criteria for distributing letters is the same as for posting "NO PARKING" signs.) The cost for preparing and distributing the letters shall be included in the cost for TCS. Traffic control management shall be maintained on a 24 hour per day basis. The Contractor shall make arrangements so that the Traffic Control Supervisor or their approved representative will be available on every working day, "on call" at all times and available upon the Engineer's request at other than normal working hours. All costs associated with "on call" service, excluding actual hours worked, shall be included in the contract unit price for Traffic Control Supervisor. Project Specifications — Page 38 of 42 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 t 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 Suzety 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, this20thday of May , 20 10 . Principal Lafarge No America, Inc. dba Lafar est Inc.. T (Title) Pit -ill .`U -(aC_ INC�Mcts�L 1800 N. Taft Hill Rd., Fort Collins CD 80521 (Address) Other Partners By: By: ARESENCE OF: s,araty idelity and Deposit Company of Maryland mira ea r e i fforney-in- ac ' By: c/o Aon Risk Services Central. Inc. 'Maureen McNeill (Address) 1650 Market St., Ste. 1000 Philadelphia, PA 19103 r' }4u `'(Su'reyy Seal) NOTE-2Date of Bond must not be prior to date of Agraement- �r if CONTRACTOR is Partnership, all partnars should execute Bond. Section 00610 Page 2 1 I REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL ' The TCS's will be paid only for days the Contractor works, and as directed by the Engineer. On weekends and other days the Contractor is not working, the TCS will not be paid. Time spent maintaining signs on the weekends, holidays, bad weather days, and other days the Contractor does not work shall be included in the unit prices for the equipment. Time spent setting up equipment, modifying equipment, maintaining ' equipment, and picking up equipment shall be included in the unit prices for the equipment. All traffic control devices shall be placed under the supervision of a Traffic Control Supervisor. The Traffic Control Supervisor shall have up to date copies of the City of Fort Collins' "Work Area Traffic Control Handbook", and Part VI of the MUTCD, pertaining to traffic controls for street and highway construction, available at all times. METHOD OF MEASUREMENT Subsection 630.14 shall be revised as follows: ' Quantities to be measured for construction traffic control devices shall be the number of units of the various sizes and descriptions listed below: Construction Traffic Signs: Size A Signs - 0.01 to 9.00 Square Feet Size B Signs - 9.01 to 16.00 Square Feet NO PARKING" Sign with Stand will be measured and paid for separately and not included in the item for Size A Signs. "NO PARKING" Sign with Stand shall consist of a metal sign attached to a device (stand) such as a Vertical Panel or Type I Barricade. The sign material and stand shall be approved by the Engineer. The sign material and stand will not be measured and paid for separately but shall be included in the Contract Unit Price 1 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 day, or portion of a day, authorized by the Engineer, that construction operation would require a Traffic Control Supervisor. "On 1 Call" and project inspections on all other days will not be measured and paid for separately but shall be included in the work. The cost for setting up equipment, modifying equipment, maintaining equipment, and picking up equipment ' (not including "NO PARKING" Sign with Stand) during authorized days shall be included in the Contract Unit Price for Traffic Control Supervisor. 1 I Project Specifications — Page 39 of 42 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL If a TCS(s) is used for an authorized day, but not for the entire day, the TCS shall be paid at the Contract Unit Price for "Traffic Control Supervisor" at the per hour rate. The quantity to be measured for flagging will be the total number of hours that flagging is actually used as authorized. Hours of flagging in excess of those authorized shall be at the Contractor's expense. Flagger breaks shall be included in the Contract Unit Price for Flagging. The method for covering flagger breaks shall be approved by the Engineer. Flagging outside of the construction work hours will not be paid for under the terms of this contract unless authorized in writing by the Engineer. Flagger stand-by time will not be paid for under the terms of this contract. In locations where traffic control is set up and the work is not performed due to Contractor caused delays, the traffic control shall not be paid for under the terms of this contract. The costs for advance warning "NO PARKING" signs for periods in excess of 24 hours prior to the advancement of work, including those instances when said signs have been changed or otherwise updated to reflect current schedules, will not be paid for under the terms of this contract unless authorized by the Engineer in writing. In addition, the Owner shall deduct from compensation due the Contractor S 10.00 for each traffic control device per day for said conditions, including "NO PARKING" signs and any signs which are not removed from the site immediately upon completion of the work. BASIS OF PAYMENT Subsection 630.15 shall be revised as follows: The cost for Traffic Control Devices, not including "NO PARKING" Sign with Stand, shall include delivery, rental, and pickup. The cost for setting up equipment, modifying equipment, and maintaining equipment will be paid for under the Contract Unit Price for TCS as described above. The cost for "NO PARKING" Sign with Stand shall include delivery, rental, setup, modification, maintenance, and pickup. Payment shall be full compensation for furnishing, erecting, maintaining, moving, removing and disposing of construction traffic control devices necessary to complete the work. All construction traffic control devices which are not permanently incorporated into the project will remain the property of the Contractor. The initial manufacturing will be paid for Specialty Signs per unit and the actual use paid for under the appropriate unit cost for Size A or Size B sign. This item shall apply to new signs only. Once manufactured, they may be used throughout the project. Upon completion of the work, the Specialty Signs shall be returned to the Contractor. The accepted quantities 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 Project Specifications — Page 40 of 42 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL ' 630.04 Type I/II 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 g Per Da Per Each Y 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 Flagger hand Per Hour 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 City shall not be responsible for any losses or damage due to theft or vandalism. 1 I Project Specifications —Page 41 of 42 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL SPECIAL CONDITIONS FOR WORK ON ARTERIALS AND COLLECTORS NOTE: CROSS STREET TRAFFIC SHALL BE MAINTAINED AT ALL TIMES UNLESS AUTHORIZED BY THE ENGINEER IN WRITING. NOTE: FULL CLOSURES ON ARTERIALS AND COLLECTORS, INCLUDING THOSE LISTED ABOVE, WILL BE ALLOWED UNDER EXTREME CIRCUMSTANCES AND ONLY UPON APPROVAL OF THE ENGINEER. PLANS SHALL BE APPROVED A MINIMUM OF ONE WEEK PRIOR TO THE COMMENCEMENT OF WORK AND/OR THE TIME REQUIRED TO ADEQUATELY NOTIFY THE PUBLIC THROUGH THE MEDIA. SPECIAL CONDITIONS FOR WORK ON RESIDENTIAL STREETS NOTE: FULL CLOSURES ON ALL RESIDENTIAL STREETS SHALL BE ALLOWED AS SHOWN ON THE TRAFFIC CONTROL PLANS. Project Specifications — Page 42 of 42 1 F ' SECTION 02500 QUANTITY ESTIMATE This work shall consist of asphalt patching, asphalt overlays, geotextile paving fabric, and manhole and valve box adjustments on designated streets in the City of Fort Collins. Specific locations are described herein; however, additional quantities are included in the Bid Schedule for locations not yet identified at the time of the bid. All quantities stipulated in the Bid Schedule at unit prices are approximate and are to be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The basis of payment shall be the actual amount of materials furnished and Work done. ' Contractor agrees that he/she 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. I� r� SECTION 02600 QUANTITY ESTIMATE STREET FROM TO 2U2.O1. 202': 03 202A5" 210:01-. ,: ` , 21U.09 210.10' - 307.01 '' 307.02:' �Grindin Surfr e� Preparation < 3" Surfac0Grinding Preparation i" to 7" ..Sl' Taper Plane Adjacent to Cutter Adjust Valve Box Adjust Std. MH 2a" Adjust Special MH > 24" Class C Fly` Ash Stabilize Stibgrade --: Units - •. , _ - SY l.F EA . EA , :EA TON. .. Sl'. PENNOCK ST. PENNOCK ST ILEMAYAV JEAST END 5.00 1.00 1 0,00 1 0.00 0.00 .,. - ..: ,',. - ...- _ .,; .. .-'.'. �.• Unil Sub Total .-0.00 1 0.00 1 0.00 1_.. '5.00,-, 1 1.00 1 0.00.; ..1 0.00 1w.E 0.00-- S LEMAY AVE E HORSETOOTH RD IMULBERRY I- `'.'` -' +'" -' `- 0.00 1 11.00 1 17.00 1 0.00 1 0.00 -.Unit Sub Total[,0.00 1 0.00. .'. 0.00 - 0.00 11.00 ,`.17.00 - .. 0.00 - 0.00- , W HORSETOOTH RD S SHIELDS ST ISI AFT HILL RD 15.00 3.00 0,00 0.00 0.00 - LEXINGTON GREEN AREA - Unit Sub Total 1 .00 O.UO 0.00 - I S.Ob 3.Ob 0.00 - 0.00 =. 0.00 CONCORD DR CONSTITUTION AVE CONSTITUTION AVE _ 0.00 4.00 0.00 0.00 0.00 GERMANTOWNCT EAST END CONSTITUTION AVE 0.00 LUO 0.00 0.00 0.00 NEWI'OR'I'C'f NORTH END NEWI'ORT DR - - 0.00 2.00 0.00 0.00 0.00 NEWPORT DR CONSTITUTION AVE CONSTITUTION AVE '•. 2,00 4.00 0.00 0.00 0.00 SCARBOROUGH DR EAST END CONSTITUTION AVE " '. 1.00 4.00 0.00 0.00 0.00 SHEFFIELD CIR E VALLEY FORGE AVE SHEFFIELD CIR W - _ - 0.00 1.00 0.00 0.00 0.00 SHEFFIELD CIR W VALLEY FORGE AVE SHEFFIELD CIR E 0.00 2.00 0.00 0.00 0.00 WINDSOR CT JEASTEND CONSTITUTION AVE 0.00 4.00 0.00 0.00 0.00 YORKTOWN AVE CONSTITUTION AVE IVALLEY FORGE AVE 0.00 6.00 0.00 0,00 0.00 YORKTOWN CT YORKTOWN AVE SOUTH END _ 0.00 0.00 0.00 0,00 0.00 YORKTOWN DR YORKTOWN AVE JW DRAKE RD r 0.00 0.00 0.00 0.00 0.00 ---: •, `- - -" - - --= Unit Sub Totall 0.00 0:00 `- ` 0.00 1 3:00- 28.00' :0.00 0.00 '0.00' HULL ST included with Silver lunte Dr SILVERPLUNIE DR DUNBAR AVE ` ` • `• x ' - ,h yg - ' ` '- '`'"3' SILVERPLUME DR HULL ST W SWALLOW RD 71- ^'-' ' ; "-+ 9.00 4.00 0,00 0.00 0.00 SILVERTON CT EAST END SILVERPLUNIE DR -�' 1.00 1.00 0.00 0.00 0.00 TELLER CT NORTH END W SWALLOW RD 0.00 0.00 0.00 0.00 0,00 TELLURIDE Cr NORTH END W SWALLOW RD - -- 0.00 0.00 0.00 0.00 0.00 Unit Sub Total '- 0.00 - 0.00 ` 0.00 10.00' - ' 5.00 0.00' -0.00.. sounIRIDGE CACTUS CI' SOUTHRIDGE GREENS WEST END _ 1.00 3.00 0.00 0.00 0.00 EAGLE RIDGE Cr SOUTHRIDGE GREENS EAGLE RIDGE CT ;" '_ 1.00 L00 0.00 0.00 0.00 EAGLE RIDGE CT 2 N END S END II 1.`' 3.00 5.00 0.00 0.00 0.00 FALCON RIDGE CT souTHRIDGL' GREENS FALCON RIDGE CT ''3 �.. ss 1.00 1.00 0.00 000 0.00 FALCON RIDGE CT(2) N END SOUTH END -9SF" 4.00 400 0.00 OAO 0.00 FROM' NINE DR SOUTHRIDGE GREENS SOUTH END - ' 6.00 7.00 0.00 0.00 0,00 HUMMEL LN FRONT NINE DR SOUTHRIDGE GREENS 1.00 12.00 0.00 0.00 0.00 SOUTHRIDGE GREENS ICACTUS CT E TRILBY RD +^ _ 9.00 8.00 0,00 0,00 0.00 - - * Unit Sub Total 0.00 0.00 - 0.00 26.00 41.00 0+00 0.00 - 0.00 STETSON CREEK AREA CLEAR CREEK LN MADISON CREEK DR SWEETW.ATER CREEK DR 9>6.G7 0.00 0,00 1,00 1.00 0.00 62,79 996.67 KEYSTONE CREEK CT STETSON CREEK DR SOUTH END 2,114.94 0.00 0.00 1,00 4.00 0.00 133, 25 2,114.94 MADISON CREEK DR STETSON CREEK DR CLEAR CREEK LN 1,065.33 V00 0,00 5.00 3.00 000 67.12 1,065+33 MINERS CREEK CT STETSON CREEK DR SOUTH END 236.11 0.00 302.00 1.00 1.00 0.00 0.00 0.00 STETSON CREEK DR (Collector) S TIMBERLINE RD KEYSTONE CREEK CT 0.00 7,236.44 0.00 22.00 12.00 0.00 455,90 7,236.44 STILLWATER CREEK CT STILLWATER CREEK DR WEST END 0.00 0.00 208.00 1.00 1.00 0.00 0.00 0.00 STILLWATER CREEK DR STETSON CREEK DR ICLEAR CREEK LN 821.89 1 0.00 1 1,750.00 1 1.00 1.00 0.00 0+00 0.00 SWEETW'ATER CREEK DR EAST END WEST END 4,433.50 0.00 1,200.00 4.00 6.00 0.00 258.66 4,105.72 TRAPPERS CREEK CT STETSON CREEK DR SOUTH END 822.95 0.00 0.00 1,00 1.00 0.00 51.85 822.95 ' 'T " l Unit Sub T.tall 10,491.39 1 7,236.44 = ,1 , 3;460.00 = 37.00- 30.00 --''0.00 - 1,029,57 •., 16,342.U5 2 of 3 SECTION 02600 QUANTITY ESTIMATE STREET " PENNOCKST FROM TO'. _ 403.03 403.04 403:05 ` '.403.06 , 403.07 903.08 ` 403.10 420.01 HBP Grading Sa HBP i railing S'' 4 28 Bindery HBP Grading S 2 Bind 64 2 e HBP Grading SG Patch ng RReplac emove &, 01, Patching ! Remove St eplac Replace P Patching ng Remove Replace& ,Geotextile Pavm Fabric , ON'.<.. .....•TON .. TON p.'.. .TON ;TON.. --,' _ ,TON � �. .- ,TON PENNOCK ST MAYAV EAST END 0.00 0.00 1 59.88 _ r.",0.00 5.68 0.00 2.70 0.00 OMAY Unit Sub Total;.--`". 0.00 0.00.,. 59.88`'- 'S.68 0.00 `' 2.70 +.0.00S LEAVE E IIORSETOOTH RD MULBERRY 0.00 0.00 0.00 _ 0.00 0.00 0.000.00 WEST HORESETOOTH Unit.Sub Total 1 "0.00 0,00 -1 0.00 ..A 0.00 0.00:.. - 0.00 ._" • 0.00 -' 000 W HORSE 1001'It RD S SHIELDS ST S T11 HILL RD 0,00 3,251.07 R00 ;",;�_, r'. I1.07 100.74 21.80 IU,77L.UU LEXINGTON GREEN AREA m u Total - _- ",,.0.00.' t- 07. ^^. ',.. ' Q00 '.:�` . , ' 0.00 -.' ,'11.07-.., : "' 100.74.":` 21.80 - ,. 10771.00' -, CONCORD DR CONSTITUTION AVE JCONsTiTUTION AVE 711.27 0.00 0.00 97.94 0.00 47.60 5,987.11 GERMANTOWN CT EAST END CONSTITUTION AVE 11 T23 0.00 0.00 17.16 0.00 10.50 986.91 NEWPORTCT NORTH END NEWPORT UR 300.98 0,00 0.00 - 29.99 0.00 25.20 2,533.58 NEWPORT DR CONSTITUTION AVE CONSTITUTION AVE 503.06 0.00 0.00;`�" _ 51.71 0.00 25.70 4,234.14 SCARBOROUGH DR EAST END CONSTITUTION AVE 319.72 0.00 0.00 28.79 0.00 9.80 2,691,21 SHEFFIELD CIR E VALLEY FORGE AVE SHEFFIELD CIR W 391.24 0,00 0.00 3 ,j 1,08 0,00 0.00 0.00 SHEFFIELD CIR W VALLEY FORGE AVE SHEFFIELD CIR E 345.09 0,00 0.00 `3 ~'`°`" 115 0.00 0.00 OAO WINDSOR CT JEAST END 1CONSTITUTION AVE 228.86 0.00 0.00 - 4.30 0.00 0.00 0.00 YORKTOWN AVE CONSTITUTION AVE VALLEY FORGE AVE 917.93 0,00 2.22 22.42 0.00 62.70 7,726.67 YORKTOWN CT YORKTOWNAVE SOUTH END 113.68 0,00 0.00 2.07 0.00 6.80 956.78 YORKTOWN DR YORKTOWN AVE W DRAKE RD 70.23 0.00 0.00 _ 1.01 0.00 4.10 591.11 • SILVERPLUMEAREA .. - '' .. A- r ' Unit Sub Total :^ - 4,019.29, _ � 0.00 .. _ ; 0.0o _ 0.00 � 258;G2 0,00. ""192.40 _ 25;707:81 ' HULLS (included with Silver Iwne Dr SILVERPLUME DR DUNBAR AVE -� z .e,F_ -�' �, �"_ ;. SILVERPLUME DR HULL ST W SWALLOW RD 486.96 0.00 0.00 9.01 0.00 99.60 1,877.56 SILVERTON CT EAST END SILVERPLUME DR 96.33 0.00 0.00 L60 0.00 0.00 0.00 TELLER CT NORTH END W SWALLOW RD 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TELLURIDE CT NORTH END W SWALLOW RD 0.00 0.00 0.00 0.00 0.00 0.00 O.OU SOLITHRIDGE GREENS AREA Unit Sub Total .`. 583.29 CACTUS CT SOUTHRIDGE GREENS WEST END 157.30 0.00 0.00 + 3.75 0.00 1.50 0,00 EAGLE RIDGE CT SOUTHRIDGE GREENS EAGLE RIDGE CT 89.92 0.00 0.00 5.73 0.00 14.10 756.89 EAGLE RIDGE CT 2 N END SEND 256.95 0.00 0.00 s+ 10.90 0.00 15.60 1,434.78 FALCON RIDGE CT SOUTHRIDGE GREENS FALCON RIDGE CT 74.14 0.00 0.00 _ - 3,65 0.00 14.00 624.00 FALCON RIDGE CT(2) N END SOUTH END 332.09 0.00 0.00 39.06 0.00 1.70 2,795.44 FRONT NINE DR SOUTHRIDGE GREENS SOUTH END 563.64 0.00 0.00 10.66 0.00 0.00 0.00 HUMMEL LN FRONT NINE DR SOUTHRIDGE GREENS 558.72 0.00 0.00 _ 13.42 0.00 0.60 0.00 SOUTHRIUGE GREENS CACTUS CT E TRILBY RD 0.00 1,155. GG 0.00 80.5G 0.00 30.80 9,72T78 STETSON CREEK AREA .,r'2,032.76, - . .'; 1;155.61 406,. a'O.OU ''167.73 U:OU 7830'.:."- rj5,338.89.'i --7 CLEAR CREEK LN MADISON CREEK DR jSWEETWATER CREEK DR 119.40 0,00 0.00 177.61 1.60 0.00 I.10 0.00 KEYSTONE CREEK CT STETSON CREEK DR SOUTH END 251.26 0.00 0.00 376.88 4.82 0.00 0.60 0.00 MADISON CREEK DR STETSON CREEK DR CLEAR CREEK LN 126.57 0.00 0.00 189.84 5.84 0.00 1.50 0.00 MINERS CREEK CT STETSON CREEK DR SOUTH END 98.21 0.00 0.00 42.07 L60 0.00 2.80 826.72 STETSON CREEK DR Collector S TIMBERLINE RD KEYSTONE CREEK CT 0,00 859"70 0.00 2,579.07 24.41 0,00 100 0.00 STILLWATER CREEK CT STILLWATER CREEK DR WEST END 77.45 0,00 0.00 0.00 1,60 0.00 10.00 651.83 STILLWATER CREEK DR STETSON CREEK DR CLEAR CREEK LN 392.70 0,00 0.00 146.46 1.60 0.00 13AU 3,3 U... SWEETWATER CREEK DR EAST END 1WESTEND 760.58 0.00 0.00 790.05 8.54 0.00 2.60 2,521.94 TRAPPERS CREEK CT ISTETSON CREEK DR SOUTH END 97.76 0.00 0.00 146.65 1,60 0.00 0.00 0.00 " ` '= .1 - " -' .. - ,". -,'_ UnitSubTotall _1,922.93 859:70 0.00 -,, 4,448.63, 51.61 0.00,- 32.70 - 7,307.05 '. 3 of 3 SECTION 03500 PROJECT MAPS Southridge Greens Paragon Point S. Lemay — Pennock St W. Horsetooth Rd Stetson Creek Lexington Green Silverplume City of Fort Collins 2010 Street Maintenance Project City of N Fort �olhns Southrldge Greens and Paragon Point 1 City of Fort Collins 2010 Street Maintenance Project City of olhns r� Lemay * Pennock 1 FRON AGE RD w E- E M-RTLI z achl La P oudre R1 O r Q cn T N w I- � N O U U — j (a� i REL ST z O Q uz nz o = yOFFM z w N m gh Latera N w E L`IZPBETH ST G RFIE D'S , ARFIELD ST > - " S� O O� w DWA DS T L Q - j itkm ater I O _. o i� O, U - Q w 0 � Q L KE, ST LAKE ET N 0Z az z J C) U E ROS ECT RD Qw w P C R T s Spring Cry/cn Imo/ PE T A E �I y�..f"-i_- TUAff p v W WON mol j RD LN IDPOINTIDR • 44 • • uL41 ILI ly BOLTZ D _ \ 0o i s hannelf DA f I ELE tT ��0� O� M NSFIELD DR � N I O K ON 0 KN 50 R WA E HOP, ET 4� e City of Fort Collins 2010 Street Maintenance Project SECTION 00615 ' PAYMENT B013D 08983198 Bond No. ' c KNOW ALL MEN BY THESE PRESENTS; that cc o ( Firm) Lafarge North America, Inc. dba Lafarge West, Inc. '(Address) 1800 N. Taft Hill Rd., Fort Collins, CO 80251 a)In (an Individual), (a Partnership), (a corporation), hereinafter referred to as othe "Principal." and �0 'e o (Firm) Fidelity and Deposit Company of Maryland 0 u_ (Address) 1400 American Lane, Schaumburg, IL 60196-1056 M hereinafter referred to as "the surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 60522 a o (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal H ' L u� sum of *See Side an lawful money of the c o United States, for the payment of which sum well and truly to be made, we bind .2 c rn ourselves, successors and assigns, jointly and severally, firmly by these _ t presents. 0 Z -1 THE CONDITIONS OF THIS OBLIGATION are such that whereas the principal entered into a certain Agreement with the OWNER, dated the loth day of Mom, 2010, a copy of which is hereto attached and made a part hereof for the performance of ' The City of Fort Collins project, 6049 Asphalt Overlay Project 2010 renewal. NOW, THEREFORE, if the Principal shall' make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such Agreement and any authorized extension or modification thereof,• including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, ' rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section 00615 page 1 1 row _ °�t� �5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 N Horsetooth fed w w > SIOUX BLVD F 71 IL/ Q U� z uw OTTAW CT z N PERCE WAY z rn=C=Z�, O m m Q r N a CASA G RANDE U z ~ �� .. 8 VD L (LI -' w DERBY CT NEWCA TLE CT v� p, y �-5. 0 o <) O� GS�O LINDSEY UT AMES CT. � w �\ z W O BRON ON ST KENT CT ENFIELD ST FATTERSO 4 FL rn CH RCHILL CT SAN ORD R O z z ni W HORSETOOTH RD CARMELA T � � c O BROOK DR U oI I PURPLE JAGE CT Q � 0 pz WINDCREEK T 1 �? LU WESTPIEI n nli M gAVIEW L p ROLL NG GA E S�LVERGATE RD O CZ Q LCRE5T CT 0 1 TOU-V CREST CT I City of Fort Collins 2010 Street Maintenance Project City of N Fort Collins Stetson Creek E HARMONY RD t ixon Canyon Lateral O� L TIMBERWOOD D R CKPORT CT CO 0 > 7 TIMBERWOOD DR LU O tt,�� �cRFF SKYE CT C� m TIMBER CREEK DR a� MALLWOOD D Q COPPER CREEK DR U C CRE U-i P ��ON �p KOGK C3 N U O z CFeef DR S SON O � REEK DR M71 cClellands = 5WEETWATER CREEK DR - C hannel rn TOPANGA C :�E r O a MACKENZIE CT 70 City of Fort Collins 2010 Street Maintenance Project 3} rn r N Lexington Green * Sllverplume I I w Q VALLEY FORGE AVE z N CONCORD DR z YORKTOWN AVE �QO f ---- ° W DRAKE RD HA40VER CT Creek GLEN HAVEN DR HASTINGS DR > oC oC z o m O � ILI z FREMONT CT > (Z o z Q } = z � O z w O Q Oz w U HULL LT U p tv (n w J� m OOO J� v "✓ DEWEESE ST 1 City of Fort Collins 2010 Street Maintenance Project STORED MATERIALS SUMMARY On Hand Received Installed Item Invoice Previous This This Number Number Description Application Period Period PAGE 4 OF 4 On Hand This Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 _ 9/99 r S on "10 &je JIM M M M M - ' PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees thaz no change, extension of time, alteration or addition to the 1 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 1 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 ' 1 may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact 1 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, this20th day of _ May , 1 Za,-Q. IN RE ENCE OF: Princip afar a North America, Inc. dba Lafarge West, Inc. 6� - 1 By., i McNeill l Other Partners Surety, idelity and Deposit ompany of Maryland By -,an ra Bronson, Attorney -in -Fact By: c/o Aon Risk SerV' (Address) 1650 Market St., Ste. 1000 Philadelphia, PA 19103 Bond must not be prior to date of Ag:reemant. ACTOR Is Partnership, all partners should. execute Bond, Section 00615 Page 2 ' Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND ' KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and GREGORY E. MURRAY, Assistant ' Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said y, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d FT41=ereby nominate, constitute and appoint Richard G. DICCIANI, Darella E. WHITE, D R r•d A. JACOBUS, Mary C. O'LEARY, Sandra E. BRONSON, Maureen M ancy K. WALLACE, ' all of Philadelphia, Pennsylvania, EACH its true o n del - make, execute, seal and deliver, for, and on its behalf as sure Ond se 4 d and undertakin s, and the execution of such bonds or undertakings in p tytlit4e prea� 43iing upon said Company, as fully and amply, to all intents and purpose ha b y t `dCknowledged by the regularly elected officers of the Company at its office in Baltimo , in t ' ' e sons. This power of attorney revokes that issued on behalf of Richard G. DICCIANI, Darella D� . WHEELER, Richard A. JACOBUS, Mary C. O'LEARY, Sandra E. BRONSON, Maureen E. MCNEI a G. MCVAUGH, Nancy K. WALLACE, dated June 13, 2006. ' The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 20th day of June, A.D. 2006. ' ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'gyp DEPOS C, 0 0 GRSa_�'j By: ' Gregory E. Murray Assistant Secretary M. P. Hammond Vice President State of Maryland I ss: City of Baltimore ' On this 20th day of June, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal ' and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Maria D. Adamski Notary Public ' My Commission Expires: July 8, 2011 Ij IPOA-F 156-0735 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements,- deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this �OA�l dayof N�q�Y 6 1 ) CONTRACT DOCUMENTS 00330 Bid Schedule 00520 Agreement 00530 Notice to Proceed 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 CONDITIONS OF THE CONTRACT 00700 General Conditions Exhibit GC -A 00800 Supplementary Conditions 00900 Addenda, Modifications, and Payment 00950 Contract Change Order 00960 Application for Payment SPECIFICATIONS 7/96 00520-1 - 00520-6 00530-1 00600-1 00610-1 - 00610-2 00615-1 - 00615-2 00630-1 00635-1 00640-1 00650-1 - 00650-2 00660-1 00670-1 - 00670-2 00700-1 - 00700-34 GC -Al - GC-A2 00800-1 - 00800-2 00900-1 00950-1 - 00950-2 00960-1 - 00960-4 11 1 FIDELITY AND DEPOSIT COMPANY ' OF MARYLAND 3910 KESWICK ROAD, BALTIMORE, MD 21211-2226 Statement of Financial Condition As Of December 31, 2009 ASSETS Bonds.............................................................................................................................................. $ 156,584,995 Stocks ................................................ ...... 22,537,672 Cash and Short Term Investments.•.......................................................... .............. Reinsurance Recoverable......................•................•......................................................................... 9,347,241 ' Other Accounts Receivable........................•....................................................•................................ 51,052,264 TOTAL ADMITTED ASSETS..........................................................................•............................. $ 249,241,769 ' LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Taxes and Expenses...................................................................................................... $ 76,835 Ceded Reinsurance Premiums Payable ........................................ .................................................... 58,237,612 Securities Lending Collateral Liability ........................ ....................... ..................... •....................... 5,511,875 ' TOTAL LIABILITIES........................................................................................................... .....• $ 63,826,322 Capital Stock, Paid Up..........................................••...........,................................ $ 5,000,000 Surplus................................................................................................................ 180,415,448 ' Surplus as regards Policyholders................................................................................... ..........•••. 185,415,447 TOTAL . $ 249,241,769 U Securities carried at $38,385,957 in the above statement are deposited as required by law. Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of December 31, 2009 market quotations for all bonds and stocks owned, the Company's total admitted assets would be $247,657,513 and surplus as regards policyholders $186,999,703. I, DENNIS F. KERRIGAN, Corporate Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 31 st day of December, 2009. /} State of Illinios City of Schaumburg SS: Subscribed and sworn to, before nie, a Notary Public of the State of] I I inois, in die City of Schaumburg, this 15th day of March, 2010. 1�Y pae Notary Public 20•• a ' � Iv1ARL0 G. SARABYN orFiant MY COMMISSION EXPIRESt 9, •.,,.. �� NOVEtdBEFl 25, 201 I For i�� c 1 1 1 1 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall .insert his own standard form for Certificate of Insurance. 7/96 I Section 00630 Page 1 ' DATE(MM/DD/YYYY) AC CERTIFICATE OF LIABILITY INSURANCE 03/04/2010 PRODUCER THIS CERTIFICATE IS ISSUED AS A NATTER OF INFORNLATION ONLY Aon Risk Services Central, Inc. AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS ' Philadelphia PA office CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE one Liberty Place 1650 Market Street COVERAGE AFFORDED BV THE POLICIES BELOW. suite 1000 Philadelphia PA 19103 USA INSURERS AFFORDING COVERAGE NAiC # ' PHONE-(866) 283-7122 FAX-(847) 953-S390 National Union Fire Ins Co of Pittsburgh 19445 INSURED INSURER A: L Lafarge west, Inc INSURERB: Insurance Company of the State of PA 19429 e~ 1800 North Taft Hill Road, Fort Collins Co 80521 USA INSURER( Granite State Insurance Company 23809 ' INSURER D: Illinois National Insurance Co 23817 7 INSURER E: u F i 1 CON'LRAI:EJ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS .AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN IVI.AY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED INSR LTR ADD' INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM/DD/YYYY POLICY EXPIRATION DATE(MM/DD/YYYV) LIMITS A GENERAL LIABILITY y` COMMERCIAL GENERAL LIABILITY GL9723097 (CM) 07/01/2009 07/01/2010 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 500 , 000 X CLAIMS MADE OCCUR MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY S2,000,000 - ❑ GENERAL AGGREGATE S2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 ❑X POLICY ❑ ECT ❑ LOC A A A A AUTOMOBILE LIABILITY X ANY AUTO X ALL OWNED AUTOS SCHEDULED AUTOS CA1607650 CA1607651 (MA) CA1607652 (OR) CA1607653 (VA) 07/01/2009 07/01/2009 07/01/2009 07/01/2009 07/01/2010 07/01/2010 07/01/2010 07/01/2010 COMBINED SINGLE LIMIT (Easccident) $2,000,000 BODILY INJURY ( Per person) BODILY INJURY X HIRED AUTOS NON OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC ANY AUTO AUTO ONLY: AGG EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE AGGREGATE ❑ OCCUR ❑ CLAIMS MADE DEDUCTIBLE RETENTION g C D CANY D R WORKERS COMPENSATION AND EM PLOVERS' LIABILITY Y/N PROPRIETOR/PARTNER/EXECUTIVE l—] OFFICER/MEMBER EXCLUDED? (Mandatary in NH) Ifyes, describe under SPECIAL PROVISIONS below WC5145487 AOS WC5145488 (CA) WC5145489 (FL) WC5145490 (LA,etc) WC5145491(MI) wC5145492 (NJ) 07 O1 2009 07/01/2009 07/01/2009 07/01/2009 07/01/2009 07/Ol/2009 07/01/2010 07/01/2010E.L. 07/01/2010 07/01/2010 07/Ol/2010 X WC STATU- TORY LIMITS I OTH- IER EACH ACCIDENT $2,000,000 E.L. DISEASE -EA EMPLOYEE $2,000,000 E.L. DISEASE -POLICY LIMIT S2,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: City of Fort Collins 2010 overlay Project/Job No. 72310. City of Fort Collins is included as an Additional insured (except on workers' Compensation) as respects operations of the Named insured where required by written contract. l.t✓N I IV tI.A I G rtVLUr.n ....., ___. City of Fort Collins SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Attn: Erika Keeton DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, PO BOX S 80 BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY Fort Collins CO 80522 USA OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE _Qg�_ Arnan,)c i7ann/nt) 0c 1988-2009 ACORD CORPORATION. All rights reserved® 1 the ACORD name and logo are regtstercu marRs of Attachment to ACORD Certificate for Lafarge west, Inc The terms. conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage afforded by the insurers This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy. INSURED Lafarge west, Inc 1800 North Taft Hill Road, Fort Collins CO 80521 USA INSURER INSURER INSURER INSURER INSURER If a policy below does not include limit mlormatlon, reter to me corresponumg Puucy W. 1 - -- 4DDITIONAL POLICIES ;,;,e ,;,, F ,,I;,.,, I;, its INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICYNUMBER POLICY DESCRIPTION POLICY EFFECTIVE DATE POLICY ENPIRATION DATE LIMITS WORKERS COMPENSATION A WCS145493 (OR) 07/01/2009 07/01/2010 B wc514549a (WI) 07/01/2009 07/01/2010 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate No 570038006895 fi ' SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: Bid 6049 Asphalt Overlay Project 2010 Renewal PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: Lafarge West, Inc. ' CONTRACT DATE: May 14, 2010 ' The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. ' A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time ' indicated. By: CONTRACTOR AUTHORIZED REPRESENTATIVE DATE ' The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on The ' responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: 7/96 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Lafarge West, Inc. 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, Bid 6049 Asphalt Overlay Project 2010 Renewal. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date. Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: 7/96 Section 00640 Page 1 SECTION 00650 ' LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Lafarge West, Inc. (CONTRACTOR) ' PROJECT: Bid 6049 Asphalt Overlay Project 2010 Renewal 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. ' 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including ' but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or ' assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against ' the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. ' 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, ' alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have ' been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, ' if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the 7/96 Section 00650 Page 1 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 ATTEST: Secretary STATE OF COLORADO day of CONTRACTOR: Lafarge West, Inc. By: Title: )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this 20 , by Witness my hand and official seal. My Commission Expires: Notary Public W411 day of 7/96 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Lafarge West, Inc. PROJECT: Bid 6049 Asphalt Overlay Project 2010 Renewal CONTRACT DATE: May 14, 2010 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) By ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. 7/96 Section 00650 Page 3 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE OR 0172 (12198) COLORADO DEPARTMENT OF REVENUE DEN/ER CO 60261 (303) 232-2416 CONTRACTOR APPLICATION 24 FOR EXEMPTION CERTIFICATE Pursuantto Statute Section 39 26.114(1)(a)PW DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials forth e exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part oft he structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. egistratioryAccotrt No. to be assigned by DM Period 0170-750 (999) $0.00 89 - .CONTRACTOR INFORMATION Trade name/A: ner, partner, or corporate name: Mailing address (City, State,Zip): Contact Person - ail address: ederalEmployer's IdenrhGabon Number: d amount for your contract Faxr,umber Business telephone number Colorad o wi thhold Irg tax acoou nt num er: EXEMPTION INFORMATION ' Cop of. contract or.agreement,pages (1) Identityingahe contracting parties and (2) containing signatures otcontracting,partle§mustbe attached. Name of exempt organization (as shown on contracq: Exemptorganizaton's number: 98 - A dress of exempt organiza on (City, State.Zip): nncipal contact at exempt organization: Principal contacts telephone number: Physical location of project site (give actual address when applicable and Was and/or county (as) where project is located) Scheduled Morth Year Estimated Momh uay Year constmclion star date: completion date: If declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer IUe of corporate officer le: DO NOT WRITE BELOW THIS LINE Section 00670 Page 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 00330 BID SCHEDULE 00330 BID SCHEDULE - RILNEA AL City of Fort Collins Asphalt Overlay Project - Bid No. 6049 Item -No. Description Unit 2010 Contract Qaantity 2010 Contract Cost Unit Price Total 202.01 Grinding (planing) Surface Preparation 3" SY 10,500 S 2.85 S 29,925.00 202.02 Grinding (planing) Surface Preparation 3" to 5" SY 0 S 3.65 S - 202.03 Grinding (planing) Surface Preparation 5" to 7" SY 7,300 S 3.70 S 27,010.00 202.04 Grinding (planing) Surface Preparation 7" to 9" SY 0 $ 4.80 S - _102.05 Taper Planing Adjacent to Gutter LF 3.500 $ 6.15 $ 21,525.00 202.06 Bobcat Style Milling < 3" SY 25 S 5.90 S 147.50 202.07 Bobcat Style IvO ing - Additional Inch Ttuchness SY / IN 0 S 0.32 S - 203.01 . Excavation - General Less Than 100 CY CY 25 $ 23.78 S 594.50 203.02 Excavation - General Ober 100 CY CY 0 S 16.88 S - 203.03 Excavation -luck CY 10 $ 25.50 S 255.00 203.04 Borrow - Less Than 100 Ton TON 25 $ 19.78 S 494.50 203A5 Borrow - Over 100 Ton TON 0 S 13.65 S - 203.06 Shouldering LF 0 S 0.60 S 208.01 Silt Fence LF 0 S 1.98 S 210.00 Reset Mailbox E4 0 S 166.00 S - 210.01 Adjust Vale Box EA 100 S 155.00 S 15.500.00 210.02 Adjust Valve Box with Ring EA 0 S 37.00 S - Adju210.03 Riser Valve y er es rem Type Pr%� e Ea 2 $ 7L75 S 143.50 210.04 Adjust and Replace Top Section of Valve Boa EA 5 S 238.00 S 1,190.00 210.05 Tyler 6850 Series, Item 58. 14" Vale Box Extension (Part Only) EA 2 $ 49.00 S 98.00 210.06 Tyler 6860 Series, 16" Vale Box Top Section Without Lid (Part Only) EA 5 S 49.00 S 245.00 210.07 Tyler 6860 Series, 26" Vale Box Top Section Without Lid (Part Only) EA 2 S 76.75 S 153.50 210.08 Total Valve Box Replacement EA 2 S 350.00 S 700.00 210.09 Adjust Standard lumhole24" EA 125 S 390.00 S 48, 750.00 210.10 Adjust Special Manhole>24" EA 17 S 440.00 S 7,480.00 210.11 . Adjust Manhole with Ring � EA 0 $ 205.00 $ - 210.12 Adjust Manhole with Ring w/Locks 24" Each 5 $ 210.00 ' S 1,050.00 210.12 Adjust Manhole with Ring w2ock3 >24" Each .. 2 S 210.00 S 420.00 306.01 Subgrade Preparation _ SY 0 S L99 $ _ 306.02 Asphalt Recycling 5-10" ' , SY 0 S 2.95 S - 307.01 Class C FIy Ash Delivered & Spread 12" Depth @ 10*6 TON 1,050 S 56.15 S 58,957.50 307.02 Stabilize Subgrade - Tilled, Watered, & Compacted SY 16.500 S 3.40 S 56,100.00 403.01 RMA - Grading SX Parking Lot Overlay TON 0 S 67.44 S - 403,02 BMA - Grading SX Basketball Court TON 0 S 94.72 S - 403.03 HKA, - Grading SX (15% RAP) TON 8.600 S 56.87 S 439.082.00 403.04 HM A - Grading S, 64-28 Modified Binder TON 5,800 S 85.30 S 494,740.00 403.05 MIA - Grading S, 61-22 Binder (15% RAP) TON 60 S 52.19 S 3,130.80 403.06 FIMA - Grading SG TON 4A50 S 49.75 S 221,387.50 403.07 11Ma - Hand Patching - Remove & Replace TON 950 S 119.03 S 113.079.50 Page 1 of 2 ' Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exam 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 89# 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. F L Section 00670 Page 2 SECTION 00700 GENERAL CONDITIONS i i 1 GENERAL CONDITIONS OF THE 1 CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the 1 STANDARD GENERAL CONDITIONS Of THE CONSTRUCTION CONTRACT prepared., by the Engineers Joint Contract Documents Committee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to that document are shown by underlining text that has been added and 1 striking through text that has been deleted. 1 1 1 1 1 1990 EJCDC GENERAL. CONDITIONS 1910-3 EDITION) � F ON) WITH CITY OF FORT COLLINS MODIFICXHONS (REV 9/99) i 1 Article or Paragraph Number Sc Title TABLE Or CONTENT'S OF GENERAL. CONDITIONS Page Article or Paragraph Number Number g Titic DEFINITIONS ...........................:........................... 1 1.1 Addenda..............................................1 l.2 Agreement..........................................1 1.3 Application for Payment .... .„„„............ 1 1.4 Asbestos ..................................:.......... i 1.5 Bid.....................................................1 1.6 Bidding Documents ........... ................... 1- 1.7 Bidding Requirements ,,,,,,,,,,,,,,,,,,,,,,,,,,I 1.8 Bonds.................................................1 1.9 Change Order. ..... ....... .....................1 1.16 Contract Documents 1 1.11 Contract Price,,,,,,,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,J 1.12 Contract Times................................_..1 1.13 CONTRACTOR 1.14 defective ............................................. 1,15 Drawings ................... 1 1.16 Effective Date of the Agreement ........... 1 1.17 ENGINEER 1 1.18 ENGRTEERs Consultant :.....................1 1.19 Field Order,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,l 1.20 General Requirements,,,,,,,,,,,,,,,,,,,,,,,,, 2 1.21 Hazardous Waste 1.22.a Laws and Regulations; Laws or Regulations..,,.,,,,,,. 1.22.b Legal Holidays .................................... 2 1.23 Liens 1.24 Milestone 2 1.25 Notice of Award 2 1.26 Notice to Proceed ................................. 2 1.27 OWNER ............................................:' L_S Partial Utilization ................................ 2 1.29 PCBs ............... ....... ................... = 1.30 Petroleum_ ............................_...........' 1.31 Project ........ ................. .....................2 1.32.a Radioactive Material ........................... 1.32.b Regular Working Hours 2 1.33 ....................... Resident Project Representative......_,,,,_2 1.34 Samples .............................................. 1.35 Shop Drawings, ............ 1.36 Specifications 1.37 Subcontractor .....................................:_ 1.38 Substantial Completion„ .....................' 1.39 Supplementary Conditions,,,,,,,,,,,,,,,,,,,` 1.40 Supplier 1.41 ..........................................:....'2 Underground Facilities ................... ..>-3 1.42 Unit Price Work..................................3 1.43 Work..................................................3 1.44 Work Change Directive..,.,__ ............... 3 1.45 Written Amendment .............................. 3 Page Num ber 2. PRELIMINARY MATTERS 3 2.1 Delivery of Bonds,,,._., 2.2 Copies of Documents ........................3 2.3 Commencement of Contract Times; Notice to Proceed .............. 2.4 Starting the Work ........................... 3 2.5-2.7 Before Starting, Construction; CONT ?j\CTOR's Responsibility to Report; Prelim inary Scheddes; Delivery of Certificates of Insurance 3-4 2.8 Preconstruction Conference 4 2.9 Initially Acceptable Schedules ............ 4 3. CONTRACT DOCUMENTS: INTENT, rVMENDING, REUSE.................... _..................._4 3.1-3.2 Intent 4 3.3 Reference to Standards and Speci- fications of Technical Societies; Reporting and Resolving Dis- crepancies ................................. 4-5 3.4 Intent of Certain Terms or Adjectives ....................................... 3.5 Amending Contract Docunents......... 5 3.6 Supplementing Contract Documents ................................... 5 3.7 Reuse of Docum ents .......................... 5 4. AVAlI..ABlt.frY O1 LANDS; SUBSURFACE AND PHYSICAL CONDITIONS: REFERENCE POINTS i 4.1 Availability of Lands.....................5--6 4.2 Subsurface and Physical Conditions 6 4.2.1 Reports and Drawings ....................... 4.2.2 Limited Reliance by CONTRAC- TOR .Authorized: Technical Data............................................:6 4.2.3 Notice of Differing Subsurface or Physical Conditions...................5 4?.4 ENGINF,ER's Review.......................G 4.2.5 Possible Contract Documents Change.........................................6 4.2.6 Possible Price and Times Adjustments ..................... . .........4-7 4.3 Physical Conditions --Underground Facilities....................................... 7 4.3.1 Shown or Indicated, ..... I. ......... I .... I ... 7 4.3:2 Not Shown or Indicated,,,,,,,,,,,,,,,,,,, 7 4.4 Reference Points................................ 7 EJCDC GENERAL CONDi,rIONS I910-3 (1990 EDMON) w/ CITY OF FORT COLLINS MODIFICATIONS IREV 9/99) 1 1 1 1 1 1 1 1 1 1 1 Article or Paragraph Number &'Title Page Article or Paragraph Number Number&Titic 4.5 Asbestos; PCBs, Petroleum, Hazardous Waste or Radioactive Material 7-8 ..................... 5. BONDS AND INSURANCE ........................:....... 8 5.1-5.2 Performance. Payment and Other Bonds ............................................... 8 5.3 Licensed Sureties and Insurers;. Certificates of Insurance_......,_..,....-.. 8 5.4 CONTRACTOR% Liability Insurance 9 5.5 OWNER'S Liability Insurance...............9 5.6 Property Insurance .................. ........ 9-10 5.7 Boiler and Machinery or Addi- tional Property Insurance__..............10 5.8 Notice of Cancellation Provision 10 59 CONTRACTOR'S Responsibility for Deductible Amounts10 5.10 Other Special insurance ......................10 5.11 Waiver of Rights,,,,,,,,,,,,,,, *......*.......I l 5,12-5.13 Receipt and Application of Insurance Proceeds .....................10-11 5.14 Acceptance of Bonds and Insa- ance; Option to Replace ........ :........ ;,,11 5.15 Partial Utilization --Property Insurance .......:................................ 11 6. CONTRACTORS RFSPoNSIBILITIF,S ...,,,:..,..,.,11 6.1-6.2 Supervision and Superintcndencc....... 11 6.3-6.5 tabor, Materials and Equipment,_. 11-12 6.6 Progress Schedule..............................12 6.7 Substitutes and "Or -Equal" Items; CONTRACTORS Expense; Substitute Construction Mathods or Procedures; ENGINEER's Evaluation 12-13 6.8-6.11 Concerning Subcontractors, Suppliers.and Others; Waiver of Riots,........................13-14 6.12 Patent Fees and Royaltie%....................14 6.13 Permits 14 6.14 Laws and Regulations ........................14 6:15 Taxes 14-15 6:16 Use of Premises...........:........... .15 6.17 Site Cleanliness,,.,,,.,,, 15 6.18 Safe Structural Loading,,,,,,,,,,,,,,,,,,,,,15 6.19 Record Documents .....................15-16 15 6.20 Safety and Protection 6.21 Safety Representative* ............. ..... 16 6.22 Hazard Communication Programs,,,,_, 16 6.23 Emergencies ............... ..... ____ ...... 16 6.24 Shop Drawings and Samples. . ............ 16 IM Page Number 6.25 Submittat Proceedures; CON- TRACTOR'S Review Prior to Shop Drawing or Sample Submittal, ........... I ...................I...16 6.26 Shop Drawing B: Sample Submit- tals Review by ENGI]NEER...... 16-17 6.27 Responsibility for Variations From Contract Documents ,.17 6.28 Related Work Performed Prior to ENGINEER'S Review and Approval of Required Submittals.,, ........ ........................17 6,29 Continuing the Work... .................... 17 6.30 CONTRACTOR's General Warranty and Guarantee...............17 6.31-6.33 Indemnification ........................... 1 7- 18 6.34 Survival of Obligations ...................18 7. OTHER WORK......:.....................:....................18 7.1-7.3 Related Work at Site18 7.4 Coordination.................................18 8. OWNER'S RF.,SPONSMILITMS .........................JS 8.1 Communications to CON- TRACTOR ................................. IS 8.2 Replacement of ENGINEER, ... :....... I S 8.3 Furnish Data andPay Promptly When Due ..................................18 8.4 Lands and Easements; Reports and Tests ........................._..... 18-19 8.5 Insurance .19 8.6 Change Orders, .... ........ ..... 19 8.7 Inspections, Tests and Approvals...................................19 8.8 Stop or Suspend Work; Terminate CONTRAcrOR's Services ................................:.....19 89 Limitations on OWNER'S Responsibilities ...........................19 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ........:.... ...„.,19 8.11 Evidence of Financed Arrangements ...........:....:...........19 ), ENGINEERS STATUS DURING CONSTRUCTION .. ............................ 19 9.1 OWNER's Representative 19 9.2 Visits to SitC,,,,,..., , 9.3 Project Representative ............... 19-21 9A Clarifications and Interpre- tations ......................................... 21 9.5 Authorized Variations in 116rk21 CICDC GENERAL CONDITIONS 19104 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) 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 at ENGI- 9.7-9.9 Shop Drawings, Change Orders NEERs Request,,,,,,,,,,,,,,,,,,,,, 27-28 and Payments, ..................................21 13.10 OWNER \,lay Stop the Work ........... 28 9.10 Determinations for Unit Prins 21-22 13.11 Correction or Removal of 9.11-9.12 Decisions on Disputes; F..NGI- Defective Work ...........................28 NEER as Initial Interpreter 13.12 Correction Period... .................. ,,..,,?8 9.13 ...............22 Limitations on ENGINEER's 13.13 Acceptance ofDefeclive Work, .... ,... 28 Authority and Responsibilities ..... __-23 13.14 OWNER May Correct Defective Work 28=29 CHANGES fN THE WORK ....................................... 23 10.1 OWNFR's Ordered Change ............ ....:23 14. PAYMENTS TO CONTRACTOR AND 10.2 Claim for Adjustment ........................_3 CONIPLE1'ION............_.......,...,....,...,...,..,..,.,.,29 10.3 Work Not Required by Contract 14.1 Schedule of Values .........................29 Documents ... ...................... ...........:.23 14.2 Application for Progress 10.4 Change Orders..................................23 Payment ... ____ ........................ 29 10.5 Notification of Surety ........................:_3 14.3 CONTRACTOR's Warranty of Title 29 CHANGE OF CONTRACT PRICE ....................... 13 14.4-14.7 Review of Applications for 11_1-11.3 Contract Price; Claim for Progress Payments ,,,,,,,,,,,,,,,,,29-3U Adjustment; Value of 14.8-14.9 Substantial Completion,,,,,,,,,,.. 30 the Work....................................23 24 14,10 Partial Utilization, .................... .30-31 11.4 Cost of the Work...........................24-25 14.11 Final Inspection............... .. . .... .,,....;1 11.5 Fxclusions to Cast of the Work........., 25 14.12 Final Application for Payment...._...31 11.6 CONI'RACI'OR's Fee,,,,,,,,,,,,,,,,,,,,,,,, 25 14.13-14.14 Final Payment and Acceptance ....... 31 11.7 Cost Records.................................25-26 14.15 Waiver of Claims ....................... 31-32 11.8 Cash Allowances..............................._6 11.9 Unit Price Work................................26 15. SUSPENSION OF WORK AND TERMINATION ................................................32 CILLIiGE OF CONTRACT TIMES ............................?ti 15.1 OWNER \day Suspend Work .......... 32 12.1 Claim for Adjustment._......................26 15.2-15.4 OWNER May Terminate. ............ 12.2 Time of the Essence ............. I..... =6 15.5 CONTRACTORMay Stop 12.3 Delays Beyond CONTRACTOR's Work or Terminate ................. 32-33 Control 26-27 12.4 Delays Beyond OkN NF,R's and 16. DISPUTE RESOLUTION .................................. 33 CONTRACTOR's Control ................. 27 TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEPECTWE WORK ................................................. 27 13.1 Notice of Defects...............................r7 13.2 Access to the Work... ............. .......... T7 13.3 Tests and Inspections; CONTRACTOR's Cooperation........... .,,.,,.. _7 13.4 OWNER's Responsibilities; Independent Testing Laboratory ....... _7 13.5 CONTRACTORS Responsibilities ............................... 27 13.6-13.7 Covering Work Prior to Inspec- tion. Testing or Approval......:..........27 17. 1vI1SCELLANEOUS...........................................33 17.1 Giving Notice... .......... .............. 33 17.2 Computation of Times :................... 33 173 Notice of Claim ............................... 33 17.4 Cumulative Remedies.....................33 ITS Professional Fees and Court Costs Included 33 17.6 Applicable State Laws,,,,,,,,,,,,,,, 33-34 Intentionally left blank.......................................35 E% IIIBIT GC -A: (Optional) Dispute Resolution Agreement,,.._ ............... GC -Al 16.1-16-6 Arbitration GC.-A1 16.7 Mediation......... .................. .... GC-A1 LJCDC GLNERAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLUNS MODIFICATIONS (".V 9/99.) 1 INDEX TO GENERAL. CONDITIONS City of Fort Collins modifications to the General,Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of -- Bonds and lnsurance:....................................... j.14 defective Work... .........................10.4.1, 13.5, 13.13 final payment.........:.:.....:.........._.........,9.12, 14.15. insurance ............... ........., ............................ 5.14 other Work. by CONTRACTOR ............... . . ......7.3 Substitutes and "Or -Equal" Items .....................6.7.1 Work by OWNER...............................$.5; 6.30, 6.34 Access to the -- Lands, OWNF..R and CONTRACTOR responsibilities...........................................:. 4. l site, related Work...............................................7.2 Work ........... ................... :........... 13.2. 13,14, 14.9 Acts or Omissions--, Acts and Omissions-- CONTRACTOR...................................6.9.1, 9.13.3 ENGINEER..........................................6,20, 9.13.3 OWNER... ................................. ....... 6 20, 89 Addenda --definition of (also see definition of Specifications) ,....... (L6; 1.10, 6.19), 1.1 Additional Property Insurances ...............................„ 5.7 Adjustments — Contract Price or Contract Times ......................... 1.5. 3.5. 4.1, 4.3.2. 4.5.2. ............................. 4.5.3, 9.4, 9.5, 10 2-10.4, ................................. ..... ...I I, 12, 14.8, 15.1 progress schedule....... --- ................ ..........._......, 6.6 Agreement -- definition of......................................................1 2 "All -Risk" Insurance, policy form............................s.6.2 Allowances, Cash....................................................11.8 Amending. Contract Documents.,.,.,.,.,, 5 Amendment, Written -- in general ................. 1.10. 1.45, 3.5, 5.10, 5.12, 6.6.2 ......6.8.2, 6.19, 10.1, 10.4, 11.2 ............................. 12.1, 1.12.2, 14.7.2 WNER Appeal,'Oor CONTRACTOR intent to .... ............. ...._.,:9.10, 9,11, 10.4. 16.2, 16.5 Application for Payment -- definition of......................................................1.3 ENGINFER'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..'... ..... I ..................... I ..... 14.1-14.7 review of ............... .14.4-14.7 Arbitration ................ ................................... ..16.1-16.6 Asbestos -- claims pursuant thereto..........................4.5.2, 4.5.3 CONTRACTOR authorized to stop Work4.5.2 definition of......................................................1.4 Article or Paragraph Number OWNER responsibility for,,,,,,,,,,,,,,,, 8.10 possible price and times change.,.,_,,,,,,,,,,,,,,,,, 4.5.2 Authorized Variations in Wort, 3 6 6.25. 6 27, 9.5 Availability of Lands ....., ._. ...,..... I _.......A 1, 8.4 Award, Notice of --defined .................... ............... ...,1.25 Before Starting Construction ............................... ).5=2.8 Bid --definition of,,,,,,,,,,,,,,,, 1-5 (1.1, 1,10, 2.3, 3.3, 4.2.6.4, 6.131, 11.4.3, 119,1) Bidding Documents —definition of Bidding Requirements --definition of..........................................1.7 (1.1, 4.2.6.2) Bonds -- acceptance of ..... ....................... ..._.................. :5.14 additional bonds..................................10.5. 11.4.5.9 Cost of the Work............................ 11.5.4 definition of.......................................................I.8 delivery of ................ ........................... ,. 2.1, 5.1 final Application for Payntcnt............... .14.12-14.14 general.......................................1.10, 5.175.3,.5.13, .......................................9.13, 10.5, 14.7.6 Performance, Payment and Other...................5.1-5.2 Bonds and Insurance --in general . ... ..........: ....... I ...... .... 5 Builder's risk "all-risk" policy form..,_ .... ................ �.6.2 Cancellation Provisions, Insurancc_,;.5A,11, 5.8, 5.15 Cash Allowances .......................... ........................ „11.8 Certificate of Substantial Completion_ .....1.38. 6.30.2.3. ..................................................14.8, 14.10 Certificates of Inspection ................... 9.13.4, 13.5, 14.12 Certificates of Insurance, .............2.7, 5.3, 5.4,11.5,4.13, ......1...5.6.5, 5.8, 5.14, 9.13.4, 14.12 Change in Contract Price -- Cash Allowances...............................................11.8 claim for price adjustment„-,,, ....... 4.1, 4.2.6. 4.5. 5.15, 6.8.2. 9.4 ...............9.5.9.11, 10.2. 10.5, 11.2. 13.9. ........................ 13.13,13.14,14.7, 15.1,15.5 CONTRACTOR's fee.........................................11.6 Cost of.the Work general.. ....... .............. ....................... 11.4-11.7 Exclusions to.....................:.........................11.5 Cost Records ................. ..................................... 11.7 . in general.,,.,,,_.,_„ 1,19, 1.44, 9.11,,10.4.2, 10.4.3, 11 Lump Sum Pricitg..........................................11.3.2 Notification of Surety... ..... ........ ....................... 10.5 Scope of ............................................ ......... 10.3-10.4 Testing and Inspection, Uncovering the Work .................................. 13.9 E1CDC. GENERAL CONDITIONS1910.8 (1990 EDITION) wt C1TY OF FORT COLLINS MODIFICATIONS (REV 9f99) Unit Price Work 11.9 Article or Paragraph Number Value of Work ................................................... 11.3 Change in Contract Times -- Claim for times adjustment........4.1, 4.2.6, 4.5, 5.15, ............ 6.8.2.9.4. 9.5., 9.11, 10.2. 10.5. 12.1. 13.9,13.13,13.14,14.7,15.1,15.5 Contractual time limits,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,12.2 Delays beyond CONTRACTOR's control 12'.3 Delays beyond OWNER's and CONTRACT-OR's control _......................... 12.4 Notification of surety.........................................10.5 Scope. o£ change ............. ............. ........ ......10.3-10.4 Change Orders -- .acceptance of Defective Work ..........................13.13 Amending Contract Documents ...................... 3.5 Cash Allowances ............................................... 11.8 Change of Contract Price........ I............................I I Change of Contract Times....................................12 Changes in the Work ........................................... I0 CONTRACTORS fee........................................11.6 Cost of the Work.......................................11.4-11.7 CostRecords........................................:...........11.7 definition of.....- I ....... ........... _­­ .................... 1.9 emergencies ............................. ........:..:.......... . 6.23 ENGINEERsresponsibility .... --- 9.5, 10.4, 11.2, 12.1 execution of ................. .................................... ]0.4 Indemnifiction.........................y.12, 6.16, 6.31-6.33 Insurance; Bonds and .._ ._....:. ..., ..... 5.13, 10.5 OWNER may terminate ,,,,... 15.2-15.4 OWNER'sResponsibility............................8.6, 10.4 Physical Conditions -- Subsurface and.............................................4.7 Underground Facilities--:...........................4.3.2 Record Documents...........................................6.19 Scope of Change.......................................10.3-10.4 Substitutes ............................................. 6.7.3, 6.8.2 Unit Price Work......................_.........,..............11-9 value of Work, covered by.....................I...........11.3 Changes in the Work._..............._..........._................10 Notification of surety 10.5 OIVNER's and CONfRACTORs responsibilities ............................ I................ 10.4 Right to an adjustorent......................................10-2 Scope of change........................................10.3-10.4 Claims -- against CONE RACTOR....................................6.16 against ENGr LEER ................ I ....... ..... I ........ I... 6.32 against OWNER ......................... I .............. I ...... 6.32 Change of Contract Pric@ ...........................9.4, 11.2 Change of Contract Times,,,,,,,,,,,,,,,,,,,,,,,,, 9.4, 12.1 CONTRACTOR's..__...._.._4, 7.1. 9.4, 9.5. 9.11, 10.2. ...........................11.2, 11.9, 12.1, 13.9, 14.8, _.....:................................_-15.1, 15.5. 17.3 CONTRACTOR's Fee l 1.6 ........................................ Article or Paragraph Number CONTRACTOR's liability ........... 5.4, 6,12, 6.16, 6.3.1 Cost of the Work.................„-.....,.-,.,..-.,.-,11.4, 11.5 Decisions on Disputes ...................... ......... 9,1 I, 9.12 Dispute Resolution,,,,,,,„ ,,,,,, __.,,_.,..-,_.........j6.1 Dispute Resolution Agreement ............. ....... 16.1-16.6 ENGINEER as initial interpretor .......................9.11 Lump Stun Pricing...._...................................11.3.2 Notice of .........................:........:.......................... I T3 OWNER ...... :............. .4, 9.5, 9.11, 10.2, 11.2, 11.9 ........................12.1. 13.9. 13.13. 13.14. 17.3 OWN-ER's liability...............................................5.5 Ok�NI ER may refuse to make payment.................14.7 Professional Fees and Court Costs Included 17.5 request for formal decision or)............................9.11 Substitute Items .............................................. 6.7.1.2 Time Extension., ............................................... 12. 1 Time requirements....................................9.11, 12.1 Unit Price Work ........................ .._.................. 1 1.9.3 Valueof...........................................................1.1.3 Waiver of --on Final Payment................14.14, 14.15 Work Change Directive ............. ........ .......... ,-,._„ 10.2 written notice required ................. .....9:11, 11.2, 12.1 Clarifications and Interpretations ......... ,... 3.6.3. 9.4. 9.11 Clean Site 6.17 Codes of Technical Society, Organization or Association ..................... ........................... 3.3.3 Commencement of Contract Times ... ...........2.3 Communications-- general...............................................6._2, 6.9.2. 8.1 Hazard Communication Programs..,,,, , 6.22 Completion -- Final Application for Payment ..........................j4.12 Final Inspection..............................................14.11 Final Payment and acceptance ............... 14.13-14.14 Partial Utilization. .......................... .._„14.10 Substantial Completion ......................1.38, 14.8-14.9 Waiver of Claims, .................................... .......14.15 Computation of Times., Concerning Subcontractors, Suppliers and Others ............................................. 6.M.I I Conferences -- initially acceptable schedules .............................. 2.9 preconst ruction .................................................. 2: S Conflict, Error, Ambiguity, Discrepancy_ CONCRACTOR to Report ..........................2.5, 33.2 Construction, before starting by CONTRACTOR...........................................,2.5 ? 7 Construction Machinery, Equipment, etc ........... .... „6.4 Continuing the Work ............................:........ 6:29, 10.4 Contract Documents -- Amending..........................................................3.5 Bonds............................................................. 5.1 LICDC GENERAL CONDMONS 1910-8 (1990 WITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) J 7 n Cash Allowances..............................................11.8 Article or Paragraph Number Change of Contract Pricq........................ I........... I 1 Change of Contract Times,,.. ._...... _._.1.. 12 Changes in the Work 10 4 10.5 check and verify ................................................ 2.5 Clarifications and Interpretations„,,,,,,,,,,,,,;, 3.2, 3.6, 9.4, 9.11 definition of.....................................................1.10 ENGINEER as initial interpreter of,,,,,,,,,,,,,,,,„ 9.11 ENGINEER as OWNER's representativc..............9.1 generaU Insurance....:......................... ....... ....................... .3. Intent .................................. ................. ...3.1-3.4 minor variations in the Work .................. ............. 3.6 OWNERs responsibility to furnish data, .............. 8.3 OWNER'S responsibility to make prompt payment, .................. _93, 14.4, 14.13 precedence, ..... ......................... ... I ........ 3-1, 3.3.3 Record Documents............................................6. 19 Reference to Standards and Specifications. of Technical Societies ................................... 3.3 Related Work.....................................................7.2 Reporting and Resolving Discrepancies.,,,,._, 2. , 3.3 Reuseof.............................................................3.7 Supplementing .................... :... :......................... 3.6 Term ination.of ENGINEER's Employment ..._...... 8.2 Unit Price Work................................................ 11.9 variations.........................................3.6, 6.23, 6,27 Visits to Site, ENGINEER'S............... ............ 9.2 Contract Price -- adjustment of ............... 3.5. 4:1. 9.4. 10.3. 11.2-11.3 Change of :......................... ..... ...... ....... ........ :.....11 Decision on Disputes ..................... I..................9.11 definition of.....................................................1.11 Contract Times -- adjustment of ......................... 3.5, 4.1. 9.4. 10.3, 12 Change of .............. .. ....:...........................t2.1-12.4 Commencement of2.3 definition of.....................................................1.12 COiVTRACTOR=- Acceptance of Insurance ... .......... I ........ ,,,_,,....... 5.14 Communications......................................6.2: 6.9 2 Continue Work,,,,,,,,,,,,, .....6.29. ...................... 10.4 coordination and scheduling............................6.9.2 definition of.....................................................1.13 Limited Reliance on Technical Data Authorized............. . ...................I..... 4.2.^• May Stop Work or Terminate ...... ......... .:... ......... I'5.5 provide site access to others,,,,,,,,,,,,,,,,,,,,,,, 7.2, 1:3.2 Safety and Protection,,,,,;,,,,,,,,,,,,,, 4.3.1.2, 6.16, 6.18, 6.21-6.23,1.2, 13.2 Shop Drawing and Sample Review Prior to Submittal.....................„..,,,,,,.,,,,,,,,6.25 vii Stop Work requirements .................................. 4.5.'' CONTRAC7'OR'.s- Article or Paragraph Number Compensation,....,,, 11.1-1 1.2 Continuing Obligation....:............................14.15 Defective Work,,,,,,,,,,,,,.................. 9.6. 13.10-13.14 Duty to correct defective Work ..........................13.1 I Duty to Report -- Changes in the Work caused by Emergency.......................I...........:....... 6, 23 Defects in Work of Others ............................. 7.3 Differing conditions,_._,.,,..........................4.13 Discrepancy in Documents.._,_,.. 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated ........... 4.3.2 Emergencies .......................... __......._.............:6.23 Equipment and Machinery Rental, Cost of the Work...............................:...........11.4.53 Fee --Cost Plus,. „ 1.1-4.5.6, 11.5.1, . ...................... 11.6 General Warranty and Guarantee ,,,,...... *....... ,.... 6.30 Hazard Communication Programs.... ................ _ 6.22 Indemnification ........................6.1). 6.16„6.31-633 Inspection of the Work .......... .................. 7.3, 13.4 Labor, Materials and Equipment ....................6.3-6.5 Laws and Regulations, Compliance by ............. Liability Insurance .............................................. 5.4 Notice of Intent to Appeal.;,.,, ........... .... 9.10. 10.4 obligation to perform and complete theWork....................................................6.30 Patent Fees and Royalties, paid for by ................. 6.12 Performance and Other Bonds 5.1 Permits, obtained and paid for by.......................6.13 Progress Schedule ...........................2.6. 18.'_.9. 6.6. .....................:................. 6,29, 10.4. 15.2.1 Request for formal decisionon disputes,,,,,,,,,,,,,, 9.11 Responsibilities -- Changes in the Work .......... ...................... IQ.I Concerning Subcontractors, Suppliers and Others......................................6.8-6.11 Continuing the Work .............. ............ 6.29, 10.4 CONTRACTORS expense, ......................... 6.7.1 CONTRACTOR's General Warranty and Guarantee :..............:...... 6.30 CONTRACTORS review prior to Shop Drawing or Sample submittal,,,,,,,,,,,,,,, 6:25 Coordination of Work 6.9.2 Emergencies ........................ 6.23 ENGINEER's evaluation, Substitutes or " Or*.qual" Items.............................6.7.3 For Acts and Omissions of Others.............................6.9.1-6.9.2, 9.13 for deductible amounts, insurance,,,,,,,,,,,,,,,,,,,5.9 general........................................6, 7.2, 7.3, 8:9 Ilazardous Communication Programs ........... 6.22 Indemnifcation6.31-6.33 rime. GC•NERAI. CONDITIONS 1910.8 (1990 EDITIOM wt CITY OF FORT COLONS MODIFICATIONS IREV 9199) Labor, Materials and Equipment .............. 6.3-6.5 Laws and Regulations.......... I ............ .... ..._..6.14 Liability Insurance.. .............. ............ 5.4 Article or Paragraph Number Notice of variation from Contract Documents ........................................... 6.27 patent Fees and Royalties 6.12 Permits.......................................................6.13 Progress Schedule ......................................... 6.6 Record Documents 6.19 related Work performed prior to ENGINEER s approval of required submittals ............................................. 6.25 safe structural loading.................................6. IS Safety and Protection ....................6.-0 7.2, 13.2 Safety Representative ..... . ............ .............. _..6.21 Scheduling the Work..................................6.9. Shop Drawings and Samples .............. .......... 6.24 Shop Drawings and Samples Review by ENGINEER 6.26 Site Cleanliness .......................................... 6.17 Submittal Procedures ................................... 6.25 Substitute Construction Methods and Procedures....................................6.7.2 Substitutes and "Or -Equal" Items ,,,,,,,,,,,,,„.6.7.1 Superintendence., ............ 1. 1 ....... ............................................. ........ 6.2 Supervision..-..-, 0.1 Survival of Obligations................................6.34 Taxes.........................................................6.15 Tests and Inspections.., ToReport ................................ _............. .......•'.5 Use of Premises 6.16-6,18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal.........................................6.25 Right to adjustment for changes in the Worl:..... 10.2 right to claim ........... .4, 7.1, 9.4, 9.5, 9.11, 10.2,11,2, ..........11.94 12.1. 13.9. 14.5, 15.1, 15.5, 17.3 Safety and Protection,,,,,,,,,,,,,,,,,, 6.20-6.22. 7.2. 132 Safety Representative ........................................ 6.21 Shop Drawings and Samples Submittals ..... 6.24-6.25 Special Consultants.......................................11.4.4 Substitute Construction Methods and Procedures 67 Substitutes and "Or -Equal" Items, Expense...........................................6.7.1, 6.7.2 Subcontractors, Suppliers and Others..,,,,..,, 6.5-6.11 Supervision and Superintendence ......... 6.1, 6.2, 6.21 Taxes. Payment.by...........................................6.15 Use of Premises................................_......6,16-6.13 Warranties and guarantees ......................... 6.5, 6.30 Warranty' of Title ......... .. ...................................14.3 Written Notice Required-- CONTRACTOR stop Work or terminate ........ 15.5 Reports of Differing Subsurface and Physical Conditions ........................1.2.3 Substantial Completioq................. ...._,....... viii 14.8 CONI-RACTORS--other.................. 7 Contractual Liability Insurance.__,_,_ „-.._._-,_.,.4.10 Contractual Time Limits 12.2 Article or Paragraph Number Coordination— CONCRACTOR's responsibility .......................6.9.2 Copies of Documents ............................................... 2.2 Correction Period..................................................13.12 Correction, Removal or Acceptance of Defective Work-- in general...................................10.4.1, 13.10-13.14 Acceptance ofUe/ective Work ........................... 3.13 Correction or Removal of Defective Work................................16.30, 13.11 Correction Period.....................:......................13.12 OWNER May Correct Defective Work ...... ........13.14 OWNER \fay Stop Work.................................13.10 Cost -- of Tests and Inspections., .... 11 ........... ................. 13.4 Records 11.7 Cost of the Work -- Bonds and insurance, additional ..................11.4.5.9 Cash Discounts ................................................ 11.4.2 CONCRACTOR's Fee 11.6 Employee Expenses......................................1 1.4.5.1 Exclusions to .............................................:........ 11.5 General L4-11.5 Home office and overhead expenses ....................11..5 Losses and damages.....................................11.4.5.E Materials and equipment .......... ---------- ----___ Minor expenses ........................................... 1 1 A. S.3 Payroll costs on changes,.................................11.4.1 performed by Subcontractors ........................... 1.1.4.3 Records 11.7 Rentals of construction equipment and machinery.......................................11.4.5.3 Royalty payments. permits and license fees..................................:_.......11.4.5.5 Site office and temporary facilities..... _.........11.4.5.2 Special Consultants, CONTRACTOR's.......... _,11.4.4 Supplemental ........ ............ ................... _........11.4.5 Taxes related to the Work- . ................. ...... ..1,1.4.5.4 Tests and Inspection .......................................... 13.4 Trade Discounts„...........................................11.4.2 Utilities, fuel and sanitary facilities..............1 1,4.5.7 Work after regular hours .... ............................. 11.4.1 Covering Work:......................................._.....13.6-13.7 Cumulative Remedies ...................................... IT41-17.5 Cutting, fitting and patching..........; .......................„ 7.2 Data, to be furnished by OWNER....,,,,,_..„..„.,,,-,,,,,. `S.3 Day --definition of................................................17.2.2 Decisions on Disputes .................................... 9.11, 9.12 defective --definition of ............ ..........._................ ..1.14 defective Work -- Acceptance of.......................................10.4.1. 13.13 E1CDC. GENERAL CONDITIONS 1910.3 (1990 EDITION) wt CITY OF FORT COLLINS \MODIFICATIONS (REV 9199) 00330 BED SCHEDULE -RENEWAL City of Fort Collins Asphalt Overlay Project - Bid No. 6049 Item No. Description knit 2010 Contract Quantity 2010 Contract Cost Unit Price Total 403.08 LLZL1-Hand Patching >10"Remove &Replace TON 105 S 129.54 S 13,601.70 403.09 HhLa - Parer Patching - Remove & Replace TON 0 S 85.89 $ - 420.01 Geotettile Paring Fabric SY 6L000 S 1.45 S 88,450.00 630.01 `No Parking" Sign With Stand Per Day Per Each 3,000 S 1.70 S 5,100.00 630.02 Vertical Panel Without I iAt Per Day Per Each 2,500 S 0.68 S 1,700.00 630.03 Ct+amne1=moo Drum Without Light Per Day Per Each 2,000 S 0.90 S 1,800.00 630.04 Type I f II Barricade Without Light Per Day Per Each 750 S 0.68 S 510.00 630.05 Type III Barricade Without Light Per Day Per Each 17000 S 2.98 S 2,990.00 630.06 Size A Sign With Stand Per Day Per Each 1,500 S 1.45 S 2,175.00 630.07 Size B Sign With Stand Per Day Per Each 1,000 S 1.70 S 1,700.00 630.08 Size A Specialty Sign - Cost of Ma atfacturing Each 50 S 56.00 S 2,800.00 630.09 Size B Specialty Sign - Cost of Manufacturing Each 50 S %00 S 3,400.00 630.10 Cone With Reflective Scrip Per Day Per Each 42000 S. 0.69 S 2,760.00 630.11 Safety Fence Per Day Per Roll 50 S 3.58 S 179.00 630.12 Light Per Day Per Each 1,500 S 029 S 435.00 630.13 Advance Warning Flashing - or Sequencing Arrow Panel Per Day Per Each 100 S 5828 S 5,828.00 630.14 Variable .'Message Board Per Day Per Each 100 S 165.75 S 16.575.00 630.15 Traffic Control Supemser Per Day 100 S 330.07 S 33.007.00 630.16 Traffic Control Supenuor Per Hour 200 S 33.20 S 6,640.00 630.17 Flagging Per Hoar 2.800 S 22.19 S 61132.00 700.01 F/A - Asphalt Cement Cost Adjustment Each 1 S 100.000.00 S 100,000.00 TOTAL. COST S 1.843,930.50 One Million Eight Hundr Forty Three Thousand Nine Hundred Thirty Dollars and Fifty Ceam r� KWAM Individual Doing Business in Company Name corporation Partnership Page 2 of 2 7/96 Correction or Removal of 10.4.1, 13,11 Correction Period._..... 3.12 in general... ..... .......... ........ 131. 14.7. 14.11 Article or Paragraph Number Observation by ENGINEER ................................ 9.2 OWNER May Stop Work ..... ......... ................ ...13,10 Prompt Notice of De£ects„,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 13.1 Rejecting........................................................... 9.6 Uncovering the Work ....................................... 13.8 Definitions............................................... .............. I Delays......................................4.1, &N, 12.3-12:4 Delivery of Bonds............ •............................ _.......... 2.1 Delivery of certificates•of insurance ............................2.7 Determinations for Unit Prices.,,,,, ........ ........ 9.10 Differ in&, Subsurface or Physical Conditions -- Notice of ........................................... - 4.2.3 ENGINEER'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, 3.3.2, 6.14.2 Dispute Resolution -- Agreement . ................. .............................. 16.1-16.6 Arbitration 16.1-16.5 general16 Mediation..... ..................................... ................ 6.6 Dispute Resolution Agreement ....................... ... 16.1-16.6 Disputes, Decisions. by ENGINEER, .................. 9.1I-9.12 Documents -- Copiesof ...................................... ...............2.2 Record 6.19 Reuseof.............................................................3.7 Drawings --definition of...................I..........I...........1.15 Easements ............... ...............................................I 4.1 Effective date of Agreement -- definition qf.............. j.16 Emergencies,,,,,,,,,,,,,,,,,, , ENGNEER- as initial interpreter on disputes,,,,,,,,,,,,,;,; .................. definition of .... .................. ..............................1:17 Limitations on authority and responsibilities,,.. 9.13 Replacement of,. _ _............................ _.... .......... 8.2 Resident Projcct Representative ......... .................. 9.3 ENGINEER'S Consultant -- definition of 1.18 ENGINEER's-- authority and responsibility, limitations or) ........ 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 ,..,..,,,,,, __..._-.Q I1-9.12 defective Work, notice of,,,,,_„ ..... I.....................13.1 Evaluation of Substitute Items ..........................6.7.3 Liability .................................................. 6.32, 9.12 Notice Wort. is Acceptable...............................14.13 Observations...........................................6.30.2, 9.2 OWNF.R's Representative.......................__.........9.1 Payments to the CONTRACTOR. Responsibility for,,,,,,..,,,, 9.9. 14 Recommendation of Payment ............ ....... I4A, 14.13 Article or Paragraph Number Responsibilities --Limitations on .................. 9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions ............................. 4.2.4 Shop Drawings and Samples, review responsibility. 6.26 Status During Construction -- authorized variations in the Work .... .,..._.__.... 9.5 Clarifications and Interpretation$ ., 9.4 Decisions on Disputes,,,_,,,,,,,, ... 9 I 1-9.12 Determinations on Unit Price,...._.._._.,.-.....9.10 ENGINEER as Initial Interpreter..„_..._9.11-9.12 F,NGNF.ER's Responsibilities ................9.1-9.12 Limitations on ENGINEER's Authority and Responsibilities; .............................. 9.13 OWNER'S Representative ................ ...... ..... 9.1 Project Representative...................................9.3. Rejecting Defective Work..............................9.6 Shop Drawings, Change Orders and Payments .......................... ..:....... 9.7-9.9 Visits to Site.................................................9.2 Unit Price determinations :..:............ I .... ,...... .,.9.10 Visits to Site ...... ....... . ..9.2 Written consent required .............................. 7.2, 9.1 Equipment, Labor, Materials and ........................6.3-6.5 Equipment rental, Cost of the. Work ................. 11.4.5.3 Equivalent Materials and Equipment,,,,,,,,,,,,, 6.7 error or omissions...........................................I......0.33 Evidence of Financial Arrangements. .......... ..:........ 8. I Explorations of physical conditions ....................... 4.2 1 Fee,. CONTRACTOR's--Costs Plus ...........................11.6 Field Order -- definition of......................................................1.19 issued by ENGINEER ........... ..................... 3.6.1. 9.5 Final Application for Payment ............................... 14.12 Final Inspection ................................................... 14.11 Final Payment - and Acceptance ..................... :......... ...... 14.13-14.14 Prior to, for cash alloAancrs11.8 General Provisions .,,•:.,••....••,,,,,, 17.3-17.4 General Requirements— definition of .............................. .......1.20 principal references to..............2.6. 6.4, 6.6 6.7. 6.24 Giving Notice........ ........ ..................... .... 17.1 Guarantee of Work -by CONTRACTOR ......... 6.30. 14.12 Hazard Communication Programs ......................... 6.22 Hazardous Waste -- definition of ............................................. .1.21 general............................................:......... -. 4.5 OWNER's responsibility for .............................. K.10 EJCDC GENERAL CONDITIONS 1910--8 (1990 EDITION) wJ CITY OF FORT COLUNS MODIFICATIONS (REV 9199) Indemnification ........ - ................... A 12, 6.16, 6-31-6,33 Initially Acceptable Schedules .......... I .................... __2.9 Inspection -- Certificates of ..9.13.4, 13.5, 14.12 Final...... ......... .......................... 14.11 Article or Paragraph Number Special, required byENTGlNE-ER ................ ..... 9.6 Tests and Approval ............................. $_72 13.3-13.4 Insurance -- Acceptance of, by OWNF R. . .............................. 5.14 Additional, required by changes in the Work '�he'��ork 11.4.5:9 Before starting .....................................2.7 Bonds and --in general...........................................5 Cancellation Provisions-., ................................... 5.8 Certificates of .................... 2.7, 5, 5. 3, 5.4.11, 5.4,13, .............. : .......... 5,6.5, 3.8, 5.14, 9.13.4, 14.12 completed operations ...... ........... 5.4-13 CONTRACTOR!s Lia ilitv 5.4 CONTRACTOR!s objection to coverage .............5.14 Contractual Liability .................... I ... .............. i.4. 10 deductible amounts, CONTRACTOP's responsibility................................................5.9 Final Application for Payment ...................... _J4.12 Licensed Insurers 53 Notice requirements, material changes ........ 5.8, 10.5 Option to Replace........_ . ............................... 5.14 other special insurances ....................................5.10 OWNER as fiduciary for insureds .............. 5.12-5,13 OWNER's Liability ... --------- .............................. 5.5 OWNER's Responsibility_.................................. 8.5 Partial Utilization, Property Insurance ........... ... * 5.15 Property..................................................... 5.6-1�.10 Receipt and Application ofln%urance Proceeds 5.12-5-13 Special Insurance ..... ............ ........................ -5. 16 Waiver of Rights . ............................................. 5. It Intent of Contract Documents., ... ................ ........ 3.1-1.4 Interpretations and Clarifications .................... 3-6-3,9.4 Investigations of physical conditions ........................... 4.2 Labor. Materials and Equipment .......................... �3-6.5 Lands -- and Easements ...................................................8.4 Availability of ................I............................4.1, 8.4 Reports and Tests .................................................8.4 Laws and Regulations- -Laws or Regulations-- Bonds _.5,1-5.2 Changes in the Work.........................................10.4 Contract Documents 3.1 CONTRACTOR's Responsibilities .....................6.14 Correction Period, defective Work ...... ......... j3. 122 Cost of the Work, taxes ................................ 11.4.5.4 definition of........... .. 1. gencral6.14 Indemnification 6.31-6.33 Insurance........ ............................... .................. 5.3 Precedence., ............3 .1,3.3.3 ... ......... Reference to....................................................3.3.1 Safety and Protection ................................6.20, 13.2 Subcontractors, Suppliers and Others ........... 6.8-6.11 Aiticle or Paragraph Nunn her Tests and Inspections, ................................ 1. 13. _5 Use of Premises .................... .............. ............. 6.16 Visits to Site ......................................... :..: ........... 9.2 Liability Insurance— CONTRAcrows ........ ......... ............................. 5A OWNER's ...................................:.......................5.5 Licensed Sureties and Insurers.., ....... ...................... . i.3 Liens -- Application for Progress Payment ......................14. . CONTRAC71'OR's Warranty of'r itic.. I .................14.3 Final Application for Payment .......................... 14, 12 definition of .... 1­1 ............ ...... .................... 1-23 Waiver of Claims .................................... ........ . 1415 Limitations on ENGfNEER!s authority and responsibilities --- ...... ......... ........................ .... 9.13 Lim ited Reliance by CONTRACTOR Authorized ....... .. * ................ ­* ... * ................... 4.2.2 Maintenance and Operating Manual.- Final Application for Payment .......................... t 4.12 Manuals (of others) -- Precedence Reference to in Contract Documents .................. 3.3.1 Materials and equipment -- furnished by CONTRACTOR ---- --- ­ .................... 6.3 not incorporated in Work .......... ........... I ......... 14.2 Materials or equipment --equivalent ........................... 6.7 Mediation (Optional) ..............................................16.7 Milestones --definition of........................................1-24 Miscellaneous -- Computation ofTimes....., .................................. 17.2 Cumulative Remedies _J 7.4 Giving Notice ....................................................17.1 Notice of Claim ­ " * ............................ ­ .... * ... * ... 17.3. Professional Fees and Court Cost-, Included ......... 175 Multi -prime contracts ............. ................................7 Not Shown or Indicated ................... 4.3.1 Notice of -- Acceptability of Project.. ........... 14.13; Award, definition of .......................................... i 25 Claim .......... ­* .... j.7.3 Defects,13.1 Differing Subsurface or Physical Conditions..,.. 4.2.3 Giving............................................................. 1.7.1 Tests and Inspections,,;,.,.., I 1 ............................... 33 Variation, Shop Drawing and. SampIq ................. 6.27 Notice to Proceed— definition of .....................................................1.26 givingof... ........................... _ ........................... 2.3 EICDC. GENERAL CONDITIONS i9io-s (iggo EDrnON) w/ CITY OF FORT COLUNSMODIFICAT70NIS (.RFV 9/991 Notification to Surety ................... ....................._....10. testing, independent......._...............................13A Observations, by F.NC:INFkiR............ I ............. 6:30, 9.2 use or occupancy Occupancy of the Work„_ ....... 5.15. 6.30 2.4, 14.10 of the Work ........ ................. .15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR ...... .6.9. 9.13 written consent or approeal Open Peril policy form, Insurance.. .................. 5.6.2 required ............ ............,................ 9.1. 6.3, 11.4 ' Option to Replace ....................... .......... ............ ....:. 5.14 Article or Paragraph Num ber "Or Equal" Items......................................................63 Other Work 7 ' Overtime Work --Prohibition of ................................ 6.3 OWNF.,R-- Acceptance ofdefective Work ..........................13.13 appoint an ENGINEER ............. ......... .... I ...... .,... 8.2 ' as fiduciary ............................................... 5.12-5.13 Availability of Lands, responsibility ...................4.1 definition of.....................................................1.27 data, furnish ......................................................x.3 May Correct (defective Work ...............1.3.14 May refuse to make payment,,,..,.,,,,, .. .. .. 14.7 May Stop the Work ................... .::.................... 1110 May Suspend Work, Terminate............................8.8, 13.10, 15.1-15.4 Payment, make prompt ...................... 3, 14.41 14.13 performance of other work .................................. 7.1 permits and licenses, requirements,,,,,,,,,,,,,,,,,„ 6.13 insurance requirements ............. Wpurchased ONER's-- ..5.6-5.10 Acceptance of the Work;., ............... ..... 0.30.2.5 Change Orders, obligation to execute ........... 8.6, 10.4 Communications 8.1 Coordination of.the Work .._.._ . 7.4 ' Disputes, request for decision........ 1...................�' I I Inspections, tests and approvals..................8.7. 13.4 Liability Insurance...........................................:..5.5 Notice of Defects..............................................13.1 ' Represcntat ive--During Construction, ENGINEER's Status,, ............... .......... ......... 9.1 Responsibilities -- Asbestos. PCBs, Petroleum, Hazardous Waste or Radioactive Material8.10 Change Orders.......... ......... 8.6 Changes in the Work...................................10.1 communications 8.1 CONTRACIOR's responsibilities ...................8.9 ' evidence of Financial arrangemenls,,,,,,,,,,,,,,,$.l I inspections, tests and approvals.,_,,,,_„_......., 8.7 insurance, ..................................................... 8.5 _ 8.4 lands and easements, ...... - ..... I ................ ' prompt payment by,,. 8.3 ................................... . replacement of ENGINEER,,,,;,,,,,,,,,,, „8.2 . reports and tests............................................8.4 stop or suspend Work..................8.8, 13.10, 15.1 terminate CONTRACPOR's ' services..........................................8.8, 15.2 separate representative at site :............................. �).3 ■ xi E1CDC GENERAL CONDITIONS 1910•8 (1990 EDITION) Wl CITY OF FORT COLLINS MOMFICATIONS (REV 9199) 11 Article or Paragraph Num ber written notice required * ........................7.1, 9.4, 9.11, ­ ........ ............ 112, 119, 14.7. 154 PCBs -- definition of ......................................................1.29 general.............................................................. 4.5 OWNER'S responsibility for ................................ 8.10 Partial Utilization-- deFinition of ..... ............................................... j.28 general 6.30.2.4, 14.10 Property Insurance.: ........................................... 5.15 Patent Fees and Royalties ........................................ 6.1 . -1 Payment Bonds ............................ ....... .......... 5.1-5.2 Payments, Recommendation of ..... ........ 14.4-14.7, 14.13 Payments to CONTRACTOR and Completion - Application for ProgressPayments ......................14.2 CONTRAcTOR's Warranty ofTitic ........ ...... 14.3 Final Application for Payment ............... ......... J4.12 Fina I Inspection ...............................................14.11 Final Payment and Acceptance . ............... 14.13-14.14 general............................... ................. ....... 8.3, 14 Partial Utilization 14.10 Reta inage ..........................................................14.2 Review of Applications for Progress Payments ........................... .... 14.4-14,7 prompt payment..................................................8.3 Schedule of Values....... 14.1 Substantial Completion ............................... 14.8-14,9 Waiver of Claims 14.15 when payments due ................................. 14.4, 14.13 withholding payment. ........... ....................... 14.7 Performance Bonds ........ I ....... ................. ­15.1-5.2 Permits 6.13 Petroleum -- definition of ......................... ............................ J.30 general..... ........................................................ 4.5 OWNER!s responsibility for ...............................3.10 Physical Conditions -- Drawings of, in or relating to ........................4.2.1.2 4.2.1.2 ENCTMER!s review ......................................... 4.2.4 existing structures...._ ....... ........... ................ ­4.2. 2 general4.2. 1.2 ............ ...... .................. ...... Notice of Differing Subsurface or .......................4.2.3 Possible Contract Documents Change., ............. 4.2.5 Possible Price and Times Adjustments .............. 4.2,6 Reports and Drawingq ......................................4.2.1 Subsurface and,.... ......... *** ...... .. .. * ..................... 4-2 : Subsurface Conditions 4.2:1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized 4. 22 - -7 Underground Facilities— general........................................................ 4.3 Not Shown or Indicited .......................... .... 4.3.2 Protection of : ........................................ 4.3, 6.20 Article or Paragraph Number Shown or Indicated 4.3.1 Technical Data 4.2.2 Preconstruction Conference ­ ........ I ............................. 2.8 Preliminary l4atters ....... .......... ......... ............. . 7 Preliminary Schedules ..............................................2.6 Premises, Use of ......................... .................. ­6.16-6. 18 Price, Change of Contract, ... ­ 1. 1 ... I ... .... I ............. ­ .... I I Price, Contract --definition o.f.... I ...... ..................... 1.11 Progress Payment, Applications fob .......................... 14. Progress flay in ent--rctai nagq .............................I----- 14.2 Progress schedule, CONTRACTOR's ............. 2,6, 2.8, 2.9, *'*** ..... ... .......... 6.6. 6.29. 10.4, 15.2.1 Project --definition of .......................................I.......1.31 Project Representative-- ENTGENTEE, R!s Status During Construction ............. 9.3 Project Representative, Resident -definition o.f.­­ ... 1.33 prompt payment by OWNER .....................................8.3 Property Insurance -- Additional ............. ......... ........ .......... 5.7 general5.6-5. 10 ;aftial Utilization .................. ............. 5,15, 14.10.2 receipt and application of proceeds ............ 5. 12-5.13 Protection, Safety and ......... .................... 6.20-6.21, 13.2 Punch list 14,11 Radioactive Kiaie­r,iai defintion of 1.32 genera14.5 OWNER!s responsibility fo� ......................... I Ci Recommendation of Paymenk ......... I ....... 14.4, 14.5, 14.13 Record Documents6.19, 14.12 Records, procedures for maintaining..........................2.8 Reference Points .......................................................4.4 Reference to Standards and Specifications of Technical Societies 3.3 Regulations, Laws and (or) ...................................... 6.14 Rejecting Defective Work_........................................ 9.6 Related Work -- atSite ........................ ............................... 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review ....................6.28 Remedies, cumulative -------- ........ I— ......... I ... 17.4, 17.5 Removal or Correction off)qfectiw, Work., ... ........... 13.11 rental agreements, OWNER approval required ..... 11.4.5.3 replacement of ENGINEER. by OWNER ..................... �.2 Reporting and Resolving Discrepancies................................2.5, 3.3.2, 6,14.2 Reports -- and Drawings .............................................I...4.2.1 and Tests. OWNER's responsibility .....................8.4 Resident and Project Representative -- definition of ............. 1.33 provisionfor .................................................. .......... ?.3 Xii LXDC GENERA(. CONDITIONS 1910 -8 (1990 EDITION) w/ MY OF FORT COLLINS MODIFICATIONS (REV 9/W) II J F1 Article or Paragraph Number Resident Superintendent, CONTRACTORs............... 6.2 Responsibilities— CONTRACTORs-in general..................................6 ENGINEER's-in general........................................9 Limitations on . ... .........................................9.13 OWNERS -in general........................................I.....8 Retainage ....................... ..1.4,Z Reuse of Documents ............... 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to.Submittal ..... _ ...................6.25 Review of Applications for Progress Payments.., ... .............. Right to an adjustment ............................... ..... 10.2 Rights.of Way ................................ ..........................4.1 Royalties, Patent Fees and ............................ I..........6.12 Safe Structural Loading..........................................6.18 Safety -- and Protection................................4.3.2, 6.16, 6.1 S, ......................................6.20-6:21, 7.2. 13.2general ............. ........................................ 6,20-6.23 Representative, CONTR.ACTOR's....................... 6?1 Samples_ definition of......................................................1.34 general ........................ . .................:.... ,:6.24-6.28 Review by CONTRACTOR ........... ............ _....... 25 Review by ENGINEF,R..............................(i,26, 6.27 related Work ........................................... .......... 0:28 submittal of . ..._.............. 6.24.^• ............ submittal procedures procedures,- .......................... 6.25 1... Schedule of progress.............................2.6. 2.8-2.9, 6:6, 6.29,.10:4, 152.1 Schedule of Shop Drawing and Sample Submittals; .............................:.2.6, 2.8-2.91 6.24-6.28 Schedule of Values..............................2:6, 2.8-2.9, 14A Schedules -- Adherence to.:.........::.....................................15.2.1 Adjusting ................ 6.6 Change of Contract Times ................... ...... .....10.4 Initially .Acceptable ............... ......................... 2.8, 2.9 Preliminary ............................ ..................... ...2.6 Scope of Changes.,,,.,,,, 10.3-10.4 Subsurface Conditions4.2.1.1 Shop Drawings= - and Samples, general ........... ...................... 6.24-6.28 Change Orders &: Applications for Payments, and .......................... ............... .9.7-9.9 definition of .................::................................:..1.3 ENGINEER's approval of ........... ....... I .......... I .... 3.6 2 ENGINEER's.responsibility for review ..................................... 9.7, 6.24-6;28 relatedWork.. ....... ..... I... . ............................ I .... 0.28 review procedures...............................2.8, 6.24-628 Article or Paragraph Number submittal required ..... ............. ................ ............. 6.24.1 Submittal Procedures . .................. 6.25 use to approve substitutions. . ......................... 6.7.3 Shown or Indicated....:..........................................4.3.1 Site Access......:..............:.......................:........7.2. 13.2 Site Cleanliness......................................................0.17 Site, Visits to -- by ENGINEER ......................... ................. 9.2. 13.2 by others .................. .................................... ....13.2 "special causes of loss' policy form, insurance........................................................5.6.2 definition of.. ........ ....... ............. .................... 1.36 Specifications-- delination of... ....1.36 of Technical Societies, reference to .... I..............3.3.1 precedence......................................................3. 3.3 Standards and Specifications of Technical Societies ............. I ..... ................. .... 3.3 Startina Construction, Before..... ........... ..... I ......... Starting the Work... --........................................2.4 Stop or Suspend Work -- by CONTRACTOR...........................................15.5 by OWNER .............. ........................ 8:8, 13.10, 15.1 Storage of materials and equipment.....................4.1, 7.2 Structural. Loading, Safety.,:., ...... „ 6.13 Subcontractor -- Concerning........... .......... :............... ........... definition of ...................................................... 1.37 delays 12.3 waiver of rights ......:........ ................................. 6. Subcontractors --in general ........................... Subcontracts --required provisions.........5.11, 6.11, 11.4.3 Submittals — Applications for Payment.................................14.2 Maintenance and Operation vtanuals...............14.12) Procedures...................................................... 6.25 Progress Schedules.........................I............2.6. 29 Samples ........ ....... .................................... 0.24-6. 28 Schedule of Values ..................................... 2.6, 14.1 Schedule of Shop Drawings and Samples Submissions......................................2.6, 2.8-2:9 Shop Drawings.......,................... ............. 6.24-6.28 Substantial Completion -- certification of............................6.30.2.3, 14.8-14.9 definition of ...................................................... 1.38 Substitute Construction Methods or Procedures ........ 6.7.2 Substitutes and "Or Equal" [terns..................I............6.7 CONTR-ACTOR's Expense ............._,.......... 6.7.1.3 ENGINEER's Evaluation 6.7.3 "Or-Equal"...................................................6. Substitute Construction Methods LJCDC GENERAL CONDITIONS 1910.3 (1990 EDITIOM wJ CITY OF FORT COLL[NS T10DIFICATIONS tREV 9/99) Article or Paragraph Number or Procedures.............................................0.7.2 Substitute Items 6.7.1.2 Subsurface and Physical Conditions -- Drawings of, in or relatng to ....................... „.4.2. L2 ENGINEER's Review ...................................... 4.2:4 Limited Reliance by CONTRACTOR Authorized 4.2.2 Notice of Differing Subsurface or Physical Conditions..,,.. ................................... A.2.3 Physical Conditions 4.2.1.2 Possible Contract Documents Change., ............. 4.2.5 Possible Price andTimes Adjustments ........ ....._ 4.2.6 Reports and Drawings......................................4 2.1 Subsurface and ..................................................... 4.^_ Subsurface Conditions at the Site 4,2.1.1 Technical Data .......:.......................................... 4.12 Supervision— CONTRACTOR's responsibility., .........................6:1 OWNER shall not supervise..............................„8.9 ENGINEER shall not supervise,,,,,,,,,,,,,,,, 9.2, 9.13 Superintendence ................................................. ,. 6.2 . , Superintendent, CONTR4CTOR's resident...............6.2 Supplemental costs...............................................11.4.5 Supplementary Conditions -- definition of .............................. ......................... 1:39 principal references to.................1.10, 1.18, 2:'2, 17, -.................... 4.2, 4.3, 5.1, 5.3, 5.4, 5.6-5.9, .................5.11, 6.8, 6.13, 7.4, 8:11, 9.3, 9.10 Supplementing Contract Documents .....................:... 3.6 Supplier -- definition of......................................................1-40 principal references to„.........3.7, 6.5, 6.8-6.11, 6.20, . ........... ...................6,24, 9.13, 14.12 Waiver of Rights ...............................................6.1 1 Surety — consent to final payment ........................14.12, 14.14 ENGINEER has no duty to...........................„_..9.13 Notification of.....................„...........10.1. 10.5. 15.2 qualification of ___.._..._..__. ...................... ....... Survival of Obligations ........................................... 6.34 Suspend Work, OWNER May ....................... J3.10, 15.1 Suspension of Work and Termination....................... 15 CONTRACTOR May Stop Work or Terminate..............................................15.5 OWNER May Suspend Work..............................15. OWNER May Tenn inate ............................ 15.2-15.4 'faxes --Payment by CONTRACTOR„......,,„_,,,_..... 6.15 Technical Data -- Limited Reliance by CONTRACTOR .............. _4.2.2 Possible Price and Times Adjustment* .............. 4.2.6 Reports of Differing Subsurface and Physical Conditions..-, .............. xiv ... 4.2.3 fcmporaryconstruction facilities4,1 Article or Paragraph Number Termination— by CONTRACTOR ............... ....._...................... 15. s by OWNER........................................S.8, I5.1-15.4 of ENGINEER's employment ...............................8.2 Suspension of Work-in general .............................I5 Terms and Adjectives......................I.......................3.4 Tests and Inspections -- Access to the Work, by others ................„,„......1.3.2 CONTRACTOR's responsibilities .......................13.5 cost of 13.4 covering Work prior to,,,,,,,,,,,,,,13.6-13.7 Laws and Regulations(or).... ..:...... ............. ...... 13.5 Notice of Defects... . ... ...... ....... ...... 13.1 OWNER May Stop Work..,,,,,„13.10 OWNER's independent testing ..........................13.4 special, required by ENGINEER ..........................9.6 timely notice required ....................................... 13.4 Uncovering the Work, at ENGLNEER's request ............ . . . ......._.............-13.8-13.9 Times_ Adjusting .......................................................... 6.6 Change of Contract.............................................12 Computation of................................................17.2 Contract Times --definition of ,1.12 day 17.2.2 Milestone s.................. ...................... 12 Requirements -- appeals ................ ...:_.---...._....._......_ 9.10, 16 clarifications, claims and disputes. ................. 9.11, 1 .2. 12 Com mencement of Contract Times,,,,,,,,,,,,,,,, 2.3 Preconstruction Conference ............................ 2.8 schedules.........................................16, 2.9, 6.6 Starting the Work........................................2.4 Title, Warranty of....................................................14.3 Uncovering Work..........................................13.8-13.9 Underground facilities, Physical Conditions— definition of.......................................I............1.41 Not Shown or Indicated..,-.-,,.-, ........................ 4.3.2 protection of.... -- ................... .............._43, 6.20 Shown or Indicated4.3.1 Unit..Price Work— claims..................:...................:..................1.1.9.3 definition of....:...............................................1.42 generall l.9, 14.1, 14.5 Unit Prices -- general l 1.3.1 Determination for,,.................. ...... 9.10 Use of Premises,,,,,,,„ 6.16, 6.18, 6.30.2.4 Utility owners ............................ 6.13, 6.20, 7.1-7.3, 13.2 Utilization, Partial...................1 28.5.15, 6.30.2.4; 14.10 Value of the Work....................................................11.3 Values, Schedule of..............:...............16, 2.8-? 9, 14.1 EJCDC GFNE:RAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COUR4S MODIFICATIONS (RFV 9/99) I I I Variations in Work --Minor Authorized ............... ......................... 6:251 6.27, 9.5 Article or Nragraph I Number Visits to Site --by ENGINEER............ ........................ 9.2 Waiver ofClaims--onFinal Paymcnt ..... ................ 14.15 Waiver of Rights by insured parties .................. 5.11,6.11 Warranty and Guarantee. General --by CONTRACTOR ............................ .............. .... 6-30 Warranty pf Title, CONTRACTOR!s ...... I ....... ....... ­ 14.3 Work -- Access to ......................................................... 13, 2 _ byothers ........................................................ 7 Changes in the ....................................................10 10 Continuing the .......................... ....................... 6.29 CONTRACTOR May Stop Work or Terminate Coordination of 7.4 Cost of the J1.4-11.5 definition of 1 .43 neglected by CONTRACTOR ....... I ............... 113.14 other Work 7 OWNER May Stop Work ............... ............ ... 13.10 OWNER May Suspend Work,,,,,,,,,,,,,,,, 13. 10, 15.1 Related, Work at Site...... I ............... ... ............ 7.1-7.3 Starting the .................................................... * 2A Stopping by CONTRACTOR .............................. Stopping by OWINER .............. I... _. I ....... I ' 5.5 ... 15.1-15.4 Variation and deviation authorized, minor ........... 3.6 Work Change Directive -- claims pursuant to. ...................................... j0.2 definition ..... IA4 principal references to ..................... 3.5.3, 10.1-10.2 Written Amendment-- defiviition of ........................... .........................1.45 principal references to... ............ 1. 10, 3.5. 5 . 1-0, 15.12, .........................G.6.2, 6.8.2, 6.19, 10.1, 10.4, .... ..... ­* ... ­ tL2, 12.1, 13.1212, 14.7.2 Written Clarifications and Interpretations ...... ......... ... Written Notice Required— 3.6.19.41. 9.11 by CONTRACTOR ............................. 7.1, 9.10-9.11, ........................................... 10.4. 11.7. 111 by OWNER ............ ........ 9.10-9,11, 10.4, 11:2), 13.14 �j I I LJCDC GENLRAL CONDITIONS 1910-3 (1990 EDITION) I xv w/ CITY OF FORT COLLINS MODIFICATIONS (RFV 9199) I I (This page left blank intentionally) xm EJCDC GL•NLPAL CONDITfIIONS 1910•S (1990 EDITION) w/ CITY OF FORT COLI.M. MOOIFICATIONS (REV 9/99.) n GENERAL CONDITIONS ARTICLE t--DEFLNITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which arc 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 ?. Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents arc attached to the Agreement and made a part thereof as provided therein. 13. Application for Payment_Thc form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanhxl by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos --Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers Into the air above current action levels established by the United States Occupational Safety and Health Adm iniiration. 1.5. Bid -The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding Docrmrents—The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7, Bidding Requirements --The advertisement or invitation to Bid instructions to bidders, and the Bid form. I.S. Bonds —Performance and Payment bonds and other instruments of security. 1.9. Change Order —A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Documents —The Agreement, Addenda (which pertain to the Contract Documents), CONTRAC `'OR'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 EXDC GENERAL CONDITIONS 1910-8 (1990 Edtim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV,1/2000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders; Work Change Directives. Field Orders and ENGMTER's written interpretations and clarifications issued pursuant to paragraphs 3S, 3.6.1 and 3.6.3 on or alter the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4 2.1 and 4?3 are not Contract Documents. LII. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract 'Times —'The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by I NGINEER's written recommendation of final payment in accordance with pamgrnph 14.13, 1.13. CONTRACTOR —The person, fine or corporation with whom OWNER has entered into the Agreement 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGMEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.5 or 14,10), 1.15. Dmivings--The drawings which show the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sigri and deliver. L17. ENGWEER—The person, firm or corporation Named as such in the Agreement. 1.18. EMOMEER's Consultant --A person firm or corporation having a contract with ENGINEER to furnish services as ENGNELR'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 ENG ,VEER which orders minor changes in the Work in accordance with paragraph 9.5 but which dos not involve a change in the Contract Nce or the Contract Times. 120. General Requirements —Sections of Division I of the Specifications. 121, Hazardous JVayte—The term IIazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste ,Disposal Act (42 USC Section 6903) as amended from time to time. 122:a. Laws and Regulations; Lacs or Regulations --Any and all applicable laws, rules, regulations, ordinances. codes and orders of any and all governmental bodies, agencies. authorities and courts having jurisdiction 122.b. Legal Holickrrs--shall be those holidays observed by the Citv of Fort Collins. 123. Liens —Liens, charges, security interests or encumbrances upon real property or personal property. 1?4. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 125. Notice ofAivani—A written notice by OWNER to the apparent successful bidder seating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed —A written notice givers by OWNER to COM'RACCOR (with a copy to ENGINEER) ftxing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. L27, OWNER —The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Wont is to be provided. 118. Partial Utilization —Use by OWNER of a sdb tnntially completed part of the Work for the purpose for which it, is intended (or a related purpose) prior to Sulistantial.Completion of all the Work. 129. PCBs —Polychlorinated biphenyls. 1.30. Petrolettnr—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge. oil refuse, gasoline, kerosene and oil mixed with.other non-I•Iazardous Wastes and crude oils. 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32:a. Radioactive 11aterial—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of EJCDC GENERAL COND11IONS 1910-8(.1990 Editim) WICITY OF FORT COLUNS MODWICATIONS (REV 40000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.32.b. Re¢ttlar Workinz Hoary -Regular working hours are defined as 7:00am to 6:00pmm unless otherwise specified in the General Requirements. 1.33. Resident Project Representative —The authorized representative of ENGINEER who may be assigted to the site or any part thereof 1.34. Samples —Physical e.Yamples of materials, equipment, or workmanship that are representative of some portion of the- Work and which establish the standards by which such portion of the Work will be judged 1.35. Shop Draxdngs--AII drawings; diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Spect0cationr—Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor --An individual, firm or corporation having a direct contract with.CONTRACTORor with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion --The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGMEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended-, or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGTNEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "subsLmtially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementan, Conditions —The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier —A manufacturer. fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Undergrotord Facilities —All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or SECTION 00500 AGREEMENT FORMS 00520 Agreement 00530 Notice to Proceed F, 'J 1 materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 1.41 Unit Price !Fork —Work to be paid for on the basis of unit prices. 1.43. Work --The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or fumishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. 1.44. Work Change Directive —A written directive to CONTRACTOR, 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 paragraph 4:2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract rimer, but is evidence that the panics c\pect that the change directed or documented by a Work Change Directivewill be incorporated in a subsequently issued Change Order following negotiations by the parties as to its eftecy if any, on the Contract Price or Contract. Times as provided in paragraph 10.2. 1.4.5. 10itten Amen&nent—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 noraengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE'2-PRELLMNARY MATTERS Defiray of Bon&. 2:1. When CONTRACTOR delivers the executed Agreements to OWNER,. CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents 2.2. OWNER shall 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 furnished, upon request, at the cost of reproduction. Commencement of Contract Times; Notice to Proceed• 2.3. The Contract Times will commence to run on the thirtieth day after the Effective Date of the agreement, or, EJCDC GENERAL CONDITIONS 1910-8 (1990 Edtien) WICITY OF FORT COLLI NS MODIFICATIONS (REV 4r000) if a Notice to Proceed is given, on the.day indicated in the Notice to proceed. A Notice to Proceed may be given at anv time within thirty days after the Eflectiv'e Date of the Agreement h. .-Gatiffa6t Tim 00tnmense to rare lateFihan the-si tietk-duy-aAer the der of F3ici•opening-or--the•thirtieth-dey-after-tha,Etfeetiva•t7ata oE-the-rlueemertt; whichcwar-data-is•earlirr. Starting the Work. 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to nut but no Work shall be done at the site prior to the date on which the Contract Times commence to tun Before Starting Con.dmetion: ^S. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements: CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from FNGTNF,ER before proceeding with any Work affected thereby, however, CONTRACMR shall not be liable to OWNER or ENCTTNF.ER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 16.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including ,my '-vlilestones;specified in the Contract Documents, 2.6.2. a prelim inary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 2.6.2.1. In no case will a schedule be acceptable which allows less than 21 calendar days for each review by Engineer. 2.6.3. A preliminary. schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction Such prices will include. an appropriate amount of overhead and profit -applicable to each item of Work. 2.7. Before any Work at the site is started. CONTRACTOR and-OWNFR shall eeeh deliver to the Wt ff OWNER with copies to i^'.,� «r ' rt the Supplementary-Genditaans ENGINEER J certificates of insurance (and other evidence of insurance w#tish dither-eft#tam-cw am, aJdiRonal-ir iFe4--mew reasonably wqu st requested by OWN -ER) which CONTRACTOR a is required to purchase and maintain in accordance with paragraphs 5.4-i:6•and-5rT Preconstruction Conference: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference attended by CONTRACTOR: ENGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Initially .4cceptable Scheduler 2.9, Unless otherwise provided in the Contract Document-, AppliGa6en far Pa5TAen before any work at the site begin a conference attended by CONTRACTOR, ENGINEER and others as appropriate designated by 01Wi R. will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.6. and Division I - General Requirements, CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment -.wall he made to CONTRACTOR until the schedules are submitted to and acceptable to I:;NGINErIZ as provide below. The progress schedule will he acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. C0NTRM-_r0R's schedule of Shop Drawing and Sample submissions will be acceptable to F.NGINF.F.R as providing a workable arrangement for reviewing and processing the required submittals CON TRACTOR's schedule of values will be acceptable to INGINEER as to form and substance. ARTICLE 3-COINTRACT DOCUMENTS: INTENT, —MEND[NG, REUSE Intent. 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are a)mplementary; 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 Document- to EJCDCOE\1LR LCONDITIONS1910-8(1990Editicul w! CITY OF FORT COLLINS MODIFICATIONS (REV 40000) describe a functionally complete Project (or part thereot) to be constructed in accordance with the Contract Documents. Any Work. materials or equipment drat -may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work. materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Specifications of Technical Societies: Reporting and Resoh'ing Discrepancies: 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the laws or Regulations of any governmental authority; whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time ofopening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. 1f� during the performance of the Work, CQNTR:ACI'OR discovers any conflict, error, ambiguity or discrepancy within the Carinct Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, C01NTRe\CT01Z shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issue by one of the methods indicated in paragraph 3.5 or 3.6, provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Document% or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paratraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard. specification, manual, code or instruction (whether or not speciftcally.incorporated by reference in the Contact Documents); or F1 iJ 1 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of FNGIiNF.ER's Consultants, agents or employees any duty or authority to supervise or direct the famishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3.4. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like etTect or import are used, or the adjectives "reasonable", "suitable", "acceptable". "proper" or "satisfactory" or adjectives of like et%ct or import are used to describe a requirement, direction. review or jud enl of LNGENEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use 'of any such term or adjective shall not be e&ctive 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. Amenr6ng and Supplementing Contract Documents. 3.5- The Contract Documents may be amended to provide for additions deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment 3.5.2. a Change Order (pursuant to paragraph 10.4), or EJCDC OENERAI. CONDIT1OM 1919-3 (1990 Edtim) W CITY OF FORT COLLIM MOOIFICA'rtOVs (,RE-v m2000) 3.5.3, a Work: Change Directive (pursuant. to paragraph 10.1). 3.6. In addition. the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, it one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6.2. LNGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4). Reuse of Documents. 3.7. CONTRACTOR. and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire .any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or FNGINFER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4-AVAILABILITY OF LA1WS; SUBSURFACE AND. PHYSICAL CONDITIONS; REFERENCE POINTS vailabillty of Lands. 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-wtty and easements for access thereto, and such other lands which are designated for the use ofCONTRACTOR. LEpon-reasonobla-written-request; statement o€record-Iegakitle-and-lrgai-description•o€the (antis-upon-which-the-6V6rli!-is-to-be-performed-and OW�FER's-interesFtherein-as-necessary-Tor-giµi»a naticx of-or-ft{ing-a-maElmgtics-lien-against-such-lands-in OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price'or the Contract Times as.a result of any delay in OWNER's furnishing these lands, rights -of - way or easements. CONTRACTOR may make a claim therefor as provided in Articles II and 12. 11 CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. J.Z. Subsurfaee and Plkvsical C'an&dons: 4.2.1. Reports and Drmaings Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. Subsurface C•ontitions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents: and 4.2.1.2. Pirvsical 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 CONMCTOR 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 ENGMEER's Consultants with respect to: 4:2 2.1. the completeness of such reports and drawings for CONTIZACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.12.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretation opinions or information. 4.2.3. Notice of Deering Subsurface or Physical Conditions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site thai is uncovered or revealed either. 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.•2.3.2. is of such a nature as to require a change in'the Contract Documents. or 4.2.3.3. differs materially from that shown or WCDCOENERAL CONDITIONS 19I0-23 (1990 E(fition) w/ CITY OF FORT COLLI NS MODIFICATIONS tREV 4n000) indicated.in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly immediately_ after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify MINER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. E:VGhVEER'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 hNG(NEER's findings and conclusions. 4.2.5, Possible Contract Documents Change: if ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Work Change Directive or a Change Order will be issued as provided in Article,10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Tinges A,#usmrents: An equitable adjustment in the Contact Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOWs cost of, or time required for performance o[ the Work; subject, however, to the following: 4.2.6.1.. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive, 4.2.6.2. a change in the Contact Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.1 with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and t 1.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to O\(NER in respect of Contract Price and Contract Times by the 11 r F� I submission of a bid or becoming bound under a negotiated contract; or 4.16.4.2- the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation,, exploration; test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 4.16.4.3. CON'1'RA(.TOR failed to give the written notice within the time and as required by paragraph 4.2:3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract 'times, a claim may be made therefor as provided in Articles 1 I and 12. However, OWNER, ENGINEER and ENG 14F.ER's Consultants shall not he liable to CONTRACTOR for any claims, costs, losses or damages sustained by'CONTRACTOR on or in connection with any other project or anticipated project 4.3. Physical Condlions--Underground Facilities: 4:3.1. Showt orindeated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGMEER shall not. be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. The cost of all of the following will be included in theContma Price and CONTRACTOR shall have full responsibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents,(iii) coordirration 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 from the Work. 4.3.2. Mol Shown or brcheated• If anUnderground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall. promptly immediatelv after becoming aware thereof and before further disturbing conditions affected thereby or frrforming any Work in connection therewith (except in an emergency as required by paragraph 6.23). identify the owner of such Underground Facility and EJCDC GENERAL CONDITIONS 1910.8 (1990 E(titim) ae/ C1TY OF FOR'r COLLINS NIODIFICATIONS (RliV IP000) give written notice to that owner and to"OWNER and ENGINEER- ENGWEER 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 Fi IGR iEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of.or to have anticipated. ICOWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles I I and 12. However, OWNER, FNGTNEF.R and ENGTNF.ER's Consultants shall not beliable to CONTRAc-rok for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points.• 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGTNEER's judgment are necessary to enable CONTRACTOR. to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR Shall report to ENGMER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations; .and shall be responsible for the accurate replacement, or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, Ha=rdous Waste or Radioactive ,Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope.of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. �i-5.�: G(�NFRt\csTC�R slutll-imtnadintalyt-(i)•stup-all \4c�ureenneation-wit#rsuah-hAtkrdous•senelitior}-find in any-tuce EtkTc�teF1 tlterrby� Erxsept-it�arrcnn.gb'etwy 9LGWER and-P:Fs9IEER (and-thereaf'WF-confirm suah-notice-ir-vmting).—(-)W-t44R--sheII-promptly wnsult-with-ENGk'42F-R corteemirtb the -necessity -fur t�WNGR to-retain-a-quttlitiad-expert-to-avaluata-such EON=F1:ACyTOlrshall-net-brrequirecl-to-reueme-W drk s eairtad Any-Fc'gttlrad-paTtni[S-FelAtad-[i1cYc'tfS-And-dal tY2F2El-rU that sush Genditien and any affk-ted- rend�,ta� . 4 re-reF-oti' 'c trtnpElan-of-Work, Eh��if}in� uns`sF�aau4-aondt Warl�a may -be resumed saafe!„ !f OWN-64u and CO?Ff-Rt\UUO cannot aree-as-to entidenient-te-or the ameant or extera of an aEljustmeM if any, in Work-St-=rIaah-qpesift -cmditiens under -which d by tO he FeStiffied aitheFparty MAY malie a m_4er fGF as Articles 11 an 1� 'r 3. if trFeesueha C-,O't, TRACsTOR-does-tx)t-agree-to-resume-such-work conditions, then 1sR m of condition or irrsueh-atFeetad Agra to -be deleted from agree -as -to -entitlement to•or-the-amount-oFe.xient-of-an Adjust i e-9 as A .dt .,C ,I., L,r::.., ......t, portionof the V,,.l. rl..,„ aithaFparty-may-make-n-cla utrdtarafor-As-prov idad-in portion-o�tha-UVork-parfunnad-(�y-O�="�IER's-own foreasoFothars-in-a�ordanca-with-r\t iiela-7: vs and Regulations-C}44'i�T6R-shall-indemnify-And-hood hermkss- rC-kti-'FRf\CTOR. Sttb>c�tnrnstors: ofTicers—ilirastots—amployaasc—agents—other omwitunts-and-subcontmstors-of-each-and-tiny-of t}tam-from-end-a�jatrrtt-akl-elaimx costs-fusses-arnl dam ages-ar i.sing-out-o€-or-resu Ring -froth -such wstrloss-or-dama�*e-is-attFibutabla-Ecr-bodily-injury; swkness, di.sease or deHIK BF t&-injtlry-to-eFdastrcw•tion irtelttding-the-lass-ot=use-resulting-tharaGom-and (ii)-nothirig- irrthis-subparagraph-4:5:4-shall-obligate OWNIER--to-indemnify-tiny-parson-or-entity-from-and own-negligence- 4.5 The Pro net intended ta- He or revealed At thf EJCDC OL-NERAL C-OND111ONS 19 t0-8 (1990 Editim) WICITY OF FORT COLLINS MODIFICATIONS (REV,M)000) ARTICLE 5--BONDS AND INSURtuNCE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACfOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by haws or Regulations or by the Contract Documents.. CONTRACTOR shall also fumish such other Bonds as are, required by the Supplementary Conditions, All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of "Companies. Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular S70 (amended) by the Audit Staff; 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. 5.2. If .the surety on any Bond burnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is.located or it ceases to meet the requirements of pamgmph 5.1, CON7R,\CTOR shall within tell days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 5.3. Licensed Sureties and Insurers; Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5:3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions; certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. OWNER -shall additional -insured -identified -in -the -Supplementary ' CON•TlL--fCTOR's LiahiGty Insurance: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Document& whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or famish ' any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under >workers compensation disability ' benefits and other similar employee benefit acts; 5.42 claims for damages because of bodily injury, occupational sickness or disease, or death of CONT RACf OR'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; 6A44--cla ions-for-dam4gas--insured-by-cusioom wry +ndErest}y Feof q ' Q--CD-Ql;..-`iF)-by-fln)-Hiih'FplFSAH-fOF-Bilj' etH�r' reas�rs; 5.4.5. claims for dimnage.% other than to the Work itselk because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. ' The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: ' 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9; include as additional insureds: (subject to any customary exclusion in respect of professional liability), OWNER. ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditiorm all of whom shall be listed as additional insureds and include coverage for the respective officers and employees of all such additional insureds; 5.4.S. include the specific Coverages and be written ' for not ICss than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulation-, whichever is greater, 5.4.9. include completed operations insurance; EJCDC C,L- E V. COND1T1 oNS 191M (1990 E(fition) ' wt CITY OF FORT COLLINS MODIFICATIONS (REV 4lL000) 5.1.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paraL aphs 6.12, 6.16 and 6.31 through 6.33; 5A11. 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 givers to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3 2 will so provide), 5.4.12. remain in effect at least until final payment and at al I times thereafter when CONE RACTOR 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 OWNF,R and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OTb1'ER's Liability Insurance: 5.5. Tn addition to insurance required to be provided by CONTRACTOR under paragraph 5.4. OWNER, at' OWNER's option, may purchase and maintain at OWNER'S expense 01VNER'S own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Nopertt> Insurance: 5 6—[3nit.:,-otherwise•-provided-in-the-SuRAementnty CoWititim.-0.VViN-ER-shall-purchase-and-maintain of-the-Auld-replacement-cost-thereof-(subj&-t-to-such deduiaible-amounts-as-may-be-prcLwidad-in-the Supplementary-Eoric ions-or-required-by-1 aws-and Regulations).-This-irsuranca,shall- 4-l—inielude—the•--interest+—of--OWWNER: GGI,FFPb1oTOP. entities-identif ted-in-the-StipplementarrConditions; each•oEwhom-is•deemed•to-have•sn-i urtiblaintcrest end stunt-be-hsted ns-art-irisurad�or-ndditwniil-lnsuredl 3:6=-be-wriucri-on-it-f3aikteu's-1'risl�al l-risk"-tx the W lewing-perils sir , ooveraee, -theft-vandalism ami-malicious-mischief: -5 "h uak-a-bollapsr<<-dabi is -removal -demolition ossusiaRej bys stud C�egulatic�rts water •1^ _,1 sue wr pe.mils. as May be speeifi ally'-rc+quff ns 5:63-irn;ludc-expenses-im:urrcd-in-the-repair-or replacement-o€any-insured-property-(including-but riot architects): . cover materials and equipment --;'or 0 fit 4h � sik or-at-another-loerltion-that-wAs-Agreed-ing-by. pravided that have been }Aelttd2d-ifT•RR-. ppllaaHAFNter -llfij'Fnen -FeOffialeRded by-�'nliit4i l}�'l�i: 4tfiCl 54.S. b maintained-in-rllest-until (autl-payment is made unle." otherwise agreed ... nil7\TCD /`nA7TA.t (`T[�D ,,..,i GTTr�r\TCCD ..;tl. thirty-dttys wFitten__!I0�,s=to each-ctihrr-additienel isstted- h beile Find chi ad.lw..,.nal ,.e . it�atrRnsa n5-may-be-required-by-the-Supplementary-C�twmlitiorL--oF r .Tdeemed t9-ltave-An-tusk+fRble-1nt2raStand-9hA}i--be-}ist� An-NLSF1fad OF-AddittAHR}-Fn5Uf2d: 5-8. :ill die pelieie�arcc maintained-bv-OUk'IER-in-accordance-with-paragraphs 5 6 , rsement-t at the c�vemge-af%rded-wt4l-not-lx-eanea4led-or-material ly changed-or-ranewel-refused-tmtil-at4east-thirty-days!prioF written-rtotice-has-been-given-to-OXk. 6R--and whom-a-certiftente-ot=insurance-has-beers-issued-and-will contain—waiveF—provisiot s in —accordance —with }" 5.9. 0XV'NTER shall not be responsible ror purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the Work le the e)4.sfA of any deductible amounts that ffe kkntilied-in-the-SupQktnentarv-Fonditiorts=Fhe-risl.-of �a such-loss-aml-if-env-of-them-wishes-property-insurance coverage-within-the-limits-ol-such-amountx each -may pur(ltttse•and-maintain-it-atthti-purchasties-own eh-pense. 5A0.-1f-GO :F AGF�R-reyuests-in wrilin�: that -other in the pfr3pe an— Amendment. Prior —to E I)C GENMAL CONDITIONS I9 [" (1990 Ed'I 10 w/ a Y OF FORT COLLINS MOD(IICATIONS (REV 4R000) commencement-oFttla-4Vorl;-at the-sits-<?lV'YGR-shall-in itTittttg-�,r" ^ r�nw,•rD n rT n}�wltetiter-tar-rtaE-s�slt-otltar insunffree l_ _5 1 f. A[eiveP*Riglr(r -tk-l-U1�lER am}-�'cU�I=R.4�_TOR ineeYtd-thabal{ policies-purchased-in-accordance-with-pamgra phsa:6 3ubconttactors—Ehi6kr�lEER Ei`tEilt�}J✓6k2's d in the gupplernef"- Genditiens te be listed as insureds-or-additiona 1-insureds-in-such-policies-and damages sassed -by the peFils fevered thereby. :\I! such policies shftlltom that uathe -event -af .......-ient of any 1e5s ,-. ,1..rna the mSdraf5-wt}i-ilfkYe:."1 1 ••••1••� .•f • v�n%.- qw—insure'I.iz---a"ddlilEifla-l--ifl5kfredsl ihlgeunld eh Ah- ..,i tl1e:. ...diva o€6Errs directors-�tiployees-erit�aeents-toF-all--les5e�-and in addition; waive a'! queh righLi again Strbsan I;NGIv R, P;61 ;FSF,ws Ponsultants.nnd-all-othar-pem)fv;•tx-entitios-identifk-d in the Supplementfify Conditions te be listed a inSWOEIS OF addit ies feF tes so GAu.wd� None of the Rbev ntaking�iV al-rii R}�l1aYa--EO-t}id-pr6ecedS-Of payable-under-any-policy-so•issueth 5.11.2. in addition, OWNER waives all Fights agttinst 6OtNTR--A6TOR,: SubcontFactors: officers-directors-employees-and-agents-of-anv-of them -fur: of-use-(x-other-awrz-quentiAl-kiss-extending beyond-direct-phys"l-loss-or-damage-to AflSltg-otttE��or--(c'SuItmg-from fire•oFOther-peril; whether-or-riot-insured-by-OVI NEI; And 5-1-1-^_.''. lass-ot-damage-to-iha-eoniplatad resul6tig front-ftre-oFt,dw-insured-peril-covered duritg•—parti(il—utilim6ion—pursuant—to pa rataraph-14-41�-xfter-Substantial-Completi(m pursuant-to-pamL"ph-14 b-or-allar-faial-payment giant t PHffig.,_t. 1.1 13. e4.r.-zriv--c�erir� ,.f ..... a cOf equent-lAl-vl'PA-,; th,,. 1. ..;11 I..,.:ye e right_s of 1 1 1 1 11 reeovefy against-any-ot-G(:>NFRAGTOR. Sttbcdntractors,- Pl GPMI;i i; iE R's Cort�n{ is dire6ter5 . Receipt and Application of Insurance Proceeds. 5.12. Any insured loss under the policies of insurance required by p<antgraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5:13. OWNER shall deposit in a separate account any money so received,. and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Wark shall be repaired or replaced, the moneysso received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5:13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNFR 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 i615 L.x..,a {.r.«r7 . rl,n . b,_�- a .Acceptance ofBondc and Insurance; Option to Replace: 5.14. If e0iev prtfty EGINNER or-E4?FFRAGT-0 OWNER has any objection to the coverage afforded by or other provisions of die Bonds-oe insurance required to be purchased and maintained by the oth party CONTRACTOR in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting -party -shall -so -notify -the -other -party OWNER wiU notily CONTRACTOR in writin§ within ten _fifteen days after receipt delivery of the certificates (or-other-ov idence requested) ttoWNER as required by paragraph 2.7. other-sash-additional-intorntation-art-respect-o€-insurance provided-its-the-other-may-rease mbly-requesL---I�-ekhef party-does-not-purcltas,.or-maintain-all-ef-Lhe-Bond-v-and insumnca-required-of-such-party-by-dw-Contract prior- to Hny ehang6-in writirre-of-such-failure-to-purchase-prior-to-the-start-oFihe. Wd>fk ds drsaach faiturtrte atairtla ilte-FCE[HFFNd-EAI'ef �.Fight or-remedy,--tha-outer-party-may-elect-tc,-obtain-acfuivaldrtt Borxls•or-i sumncr•to•protect-sueh•other-part)gs-interests-at the-nxpenst-of-therpnf tv-who-was-requ iced -to -provide -such (:orttntct-Friee•adw�orditr�ly- Partial Utilization-Property,Insununce: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial E:JCDC GE,3tM-'1L COND1TIOM 1910-8 (1990 Editim) wICITY OF FORT COLLINS tvIODIFICATIONS (REV 4P000) Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTIcI.E; 6-00NTRACT0R'S RESPONSIBILITIES Superl7aon and.Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently. devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the mean-, methods, techniques, sequences and procedures of construction, but CON'rRACI'OR shall not he responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and e\:pressly required by the Contract Documents. CON,rP,AC'fOR. shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.1 CONTRACTOR shall keep on the Work at all times during its 'progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority. to act on behalf of CONTRACTOR All communications to the superintendent shall be as binding as if given to CONTRACTOR - Labor, Materials and Equipment.; 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good disci line and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site. or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONrRAC'TOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGL LEER. CONTRACTOR shall submit requests to the ENGINEER no less than 48 hours in .advance of anv Work to he performed on Saturday, Sundav, Holidays or outside the Reeular Working Hours. J 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall famish and assume full respopsibility for all materials, equipmem labor. transportation, axtstruction 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. Purchasira Restrictions: CONTRACTOR must comply with the City's purchasing restrictions. :\ copy of the resolutions are available for review in the offices of the Purchasing and Risk Management Division or the Citv Clerk's office. 6.4.2. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that bum hazardous waste as a fuel. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the hencfit of OWNF,R. If required by FNGINEF.R, CONTR.,kcTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment All materials and equipment shall be applied, installed, connected, erected, used cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule. 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.L CONTRACTOR shall submit to ENGLNU.:R for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the prowess schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will, change the Contract Times (or Nfilestones) shall be submitted in accordance with, the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or -Equal" Items. 6.7.L Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required Unless the specification or description EXEC GENERAL COINDMO, IS 1910.8 (1990 E(fitim) l : a•/ CITY OF FORT COLLINS MODIFICATIONS (REV 41.000) contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is pennittecl. other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1. 'Oh -Equal If in L—NGRNEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENG(NIsER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINF,ER's sole discretion, he accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items, 6.7.1.1 Substitute ltenrs: If in LNGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a proposed substitute item. CONTR.<\CI'OR shall submit sufficient information 'as provided below to allow ENGNEF,R to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENG rNEER will include the following as supplemented in the General Requirements and as FNGMFiR may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by FNGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to fumish 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 desitaA be similar in substance to that specified and be suited to the same use as tint specified The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute Will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all coasts or credits that will result directly or indirectly from acceptance of such substitute. including costs of redesign and claims of other contractors affected SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 14th day of May in the year of 2010 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Lafarge West, Inc. (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 18`h day of April, 2007, entitled Specifications and Contract Documents for Asphalt Overlay Project, Bid No. 6049, City of Fort Collins (hereinafter called The 2007 Asphalt Overlay Project CONTRACT)and all portions interpreted as if the same were attached hereto. This work shall consist of asphalt milling, asphalt patching, asphalt overlays, geotextile paving fabric, manhole and valve box adjustments, and the associated traffic control on designated streets in the City of Fort Collins. Specific locations are described in Section 03500, Project Maps. This renewal is authorized pursuant to Article 3.1.1 Contract Period, of the 2007 CONTRACT. This Agreement shall be effective on the date this Agreement is signed by the City, and shall continue in full force and effect until May 14, 2011. ARTICLE 2. ENGINEER The Project has been designed by City of Fort Collins Engineering, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 Contract Period. This Agreement shall commence when this contract is signed by the City, and shall continue in full force until May 14, 2011, unless sooner terminated as herein provided. Pricing changes, if any, shall be negotiated by and agreed to by both parties in writing. 3.2 The Work shall be Substantially Complete within One Hundred Four (104) consecutive working days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within ten (10) calendar days of Substantial Completion. 7/96 Section 00520 Page 1 by the resulting change, all of which will be CONTRACTOR- shall perform not less than 20 considered by ENGINZER in evaluating the proposed substitute. ENGINEER may require percent. of the Work with its own forces (that is. without subcontractina). The 20 percent requirement ' CONTRACTOR to furnish additional data about shall be understood to refer to the Work the value of the proposed substitute. which totals not less than 20 percent of the Contract Price. 63.1.3. CO NTR tCTOR s Expense: All data to be provided by CONTRACTOR in support of any 6.8.2. If—tha-5upplamantary-6onclitiuns Bidding ' proposed "or -equal" or substitute item will be at CONTbLkcTOK's expense. Documents require the identity of certain Subcontractors. Suppliers or other persons or organizations (including those who are to furnish the 6.7.2. Substitute Cauhnction a%,fe$Io& or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or principal items of materials or equipment) to be submitted to OWNER in-advance-of=tha-specified dean prior to the Effective Date of the Agreement for indicated in and expressly required by the Contract acceptance by OWNER and ENGINEER,—and—+f Documents, CONTRACTOR may furnish or utilize a eaf—in substitute means, method, technique, sequence 'or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to mentaey—Genditiertsti OWNER's or FNGINEER's acceptant (either in writing or by failing to make written objection thereto allow ENGINEER, in FNGINFF.,R'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 Contact Documents. anrs�sh-Subeomactor, Suppli r-�mon-er ' fix procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2. hesis of rr . ' 6.7.:3. F.ngineer:s Evahtution: FNGINF.FR will be ,4D..rhAll roll .. -hR; t FIR Fleeeptable substitute, die Caiaf—t PH'— -ill he allowed a reasonable time within which to evaluate Maned ' each proposal or submittal made pursuant to paragraphs 6.7.12 and 6.7.2. ENGINEER will be the such-substitution-and-an-appropriate-Ghonge-Order will sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized without ENGINEFR's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's constitute a condition of the Contract requiring the use of the named subcontractors, suppliers or other persons or organization on the Work- unless prior written approval is obtained from OWNER and ENGINEER. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject ' ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by defective Work. 6_9. CONTRACTOR pursttiumt to p tragraphs 6.7,12 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the accepts a substitute item so proposed or submitted by .CONTRACTOR, CONTRACTOR shall reimburse O\VNER for the charges of ENGL\IEER and IING[NEERts Consultants for evaluating each such proposed substitute item. Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts. and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, 6_9. Concerning Subcontractor., Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization Suppher or other- person or organization any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization nor shall it create any obligation on the part of OIVNER or ENGINEER to pay or to see to the payment of any moneys due any (including those tuceptal}le to OWNEK and such Subcontractor, Supplier or other person or ' ENGINEER as.indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or LNG may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. organization except as may otherwise be required by Laws and Regulations. OWNER or'ENUIaNEER may furnish to any subcontractor, supplier or other person or organisation evidence of amounts paid to COWI'RACI'OR in accordance with CONTRACTOR'S "Appliattions for Payment". EJCDC GENERAL coA -noNS 1910-8 (1990 Ediim) 13 ' w/ CITY OF FORT COLLI NS MODIFICATIONS (RE V 42000) 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors. Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CON'rRACToR_ CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Wort: to communicate with the E14GiNEER through CONI'Rt\C1'oR 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONrRACrOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and f:NMNE:ER. Whenever -any .usha"ment additiona4- fed on the pfavided in peFegeia.t5.6 of j.7, the aggFee .,ent between t'' he COWR-r\C-TOR-end-tlta-SuhLt)nw etor-tw Supplier -will ..0 .:,.t.,.. nurnrct7 rn�rrunr-rnv cti rr_�srccu c�ir_rnrcewc ('n;;.uI6n{. F,..a All ,..a...r . aFtstngokk[-el-oF-Fesktlttng-tFont-any-c)frhe-per{1s esveFc�l-by dies akany�Elx�pFE�pa the-Work.—lf tha-insurers-on-any-such-policies-require 1 by fitly Skrbeerrt;eeteF 0F (`QNTRaN., !'PQR will Ght.Jthe sam' Sulipiler�vz.-r. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the. Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall 'indemnifv and hold harmless OWNER( ENGINEER, ENGI TEER'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 from any infringement ofpatentfights or copyrights incident to the usein the performance of the Work or resulting from the incorporation in the Work of any invention, design. process, product .or device not specified in the Contract Documents. EJCDC,GENERAL CONDITIONS 1910.5 (1990 Editim) 14 a/ CITY OF FORT COLLINSMODIFICATIONS fRLV 4P000) Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR slWl obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or. if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor EaNIGINFER shall be responsible for monitoring CONTRACCOR's compliance with any laws or Regulations. 6,14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONrRACI'OR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom, however, it shall not be CONTR\CTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance; with jaws and Regulations, but this shall not. relieve CONTRACTOR of CQNCRACTOR's obligations under paragraph III Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Wort:. 6.15.1. OWNER is exempt from Colorado State and local sales and use taxes on materials to be permanently incorporated into the project Said taxes shall not be included in the Contract Price. CONTRACTOR must apply for. and receive, a Certificate of Exemption from the Colorado Department of Revenue for construction materials to be vsiatlly incorporated into the project. This Certification of Exemption provides that the CONTRACTOR shall neither ray nor include in his Bic Sales and Use Taxes on those building and construction materials physically incorporated into the project. .address: Colorado Department of Revenue State Capital Annex I �J 7 I 1375 Sherman Street Denver, Colorado 80261 Sales and Use Taxes for the State of Colorado Re+ronal Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All applicable Sales and Use Taxes (including State collected tares), on any items other than construction and buildim, materials physically incorporated into the project are to be paid by CON•TRAC'I'OR and are to be included in appropriate bid items. Ilse of Premises: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and nreas penmitted 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 lull responsibility for any damage to any such land or area, or to the owner or occupant thereof or of arty adjacent land or areas, resulting from the performance of the Work. Should arty claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR. shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest octent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER, ENGIi`IEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONEE RACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises tree from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials; rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.13. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: EXI)COENER LCONDmomi9ima99oEdition) w•/ aTY OF FORT COLLINS MODIFICATIONS ft-V 4/7000) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda. Written Amendments. Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9A) in good order and sumotated to show all changes made during; construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, and prior to release of final payment, these record documents. Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety oC and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6 202_ 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. CONIRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in Iragraphs 6.20.2 or 6.20.3 c.n&d, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONI'RACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGfNE6R has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.1 S that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. .Safety Represenlaeve. CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Hazard Communication Programs: 6,22. CONTRACTOR shall -be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among. employers at the site in accordance with Laws or Regulations. Emergencies.- 6.23. In Lmergencies 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 OWNI FR or ENGNEFR, is obligated to act to prevent threatened damage, injury or loss. CON'I'RACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused therebv. If ENG aUEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Changc Order will be issued to document the consequences of such action 6.24. Shop Drawings and Samples. 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawing will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGNEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGNEER to review the information for the limited purposes required by r2ragmph 6.26. 6.242. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material. Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited E XI)C OENERAL CONDITIOy IS 19105 (1990 E(titim) w ci' y OE FoR'r COLLIM MODInCAT1ONS (RL•:V 4POW) purposes required by paragraph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures. 6.15.1. Before submitting each Shop Drawing or Sample. CONTRACTOR shall have determined and verified: 625..1.1, all field measurements, quantities, dimensions, specified performance criteria. installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.12. all materials with respect to intended use, Fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.3. all information relative to CONfRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto, CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.252. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRAC,rOR's review and approval of that submittal. 6.25.3, At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal: and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation 626. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGNEER as required by paragraph 2.9. ENGTNTEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information Oven in the Contract Documents and be compatible with the design concept of the completed project as a functioning whole as indicated by the Contract Documents. ENGNEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where 'a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections. called for by LNGIrNEER an previous submittals. 6.27, ENGtNEER'.s review and approval of Shop Drawings or. Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTTACTOR, has in writing called ENGLNEER's attenuon to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written, notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.23. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGENF,ER as required by paragraph 2.9, airy related Work pertonued prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER afar CONTRACTOR may otherwise agree in writing. 6.30. CONMICTOR's General Warranty and Guarantee: 6.30.1..CONTRACTOR warrants and guarantees to OWNLR ENGINEER and ENGMEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by. 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Wort: in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in EJCDC GENER XL CONDMONS 19105 (1990 E(fition) w/ CITY OF FORT COLLI ray NIODIFICA'rloNS (1tEV 4l2000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGRMLER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to .CONTRACTOR under the Contract Documents; 6.30.2.4.. use or occupancy oft he Work or any part thereof by OWNER; 6.30 2.5. any acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13, 6.30.2.7. any inspection, test or approval by. others; or 6.30.2.8. any correction of edefective Work by OWNER. lndenrnifrcation: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNLR �NUEER, ENGINEERS Consultants.and the officers, directors, employees, agents and other consultants of each and anv of them from and against all claims, costs, losses and damages (including, but not limited to, all tees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, lass 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 itseli), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32' In any and all claims against OWNER or INNGENEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR any Subcontractor, any Supplier, any person or organisation directly or indirectly employed by 17 any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRAC OR or any such Subcontractor, Supplier or other person or organization under workers-' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability. of ENGINEER and ENGINEER's CortsWtants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Srtndipal ojObligarions.- 6.34. All representations, indemnifications, warranties and guarantees made iu 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--OTFTFR WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be 'performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (ii) CONTRACTOR may make a c61un therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof. T2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cuttin_fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of LNG ,-JEER and the others whose work will be affected. The duties and rr�onsibilitics of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable EXDC OENER L CONDITIONS 1910-8 (1990 Editim) 18 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4P000) provisions for the benefit of CONTRACTOR in said direct contracts between.OWNER and such utility owners and other contractors: 7.3. If the proper execution or results of any part of CONTRACfOR'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 tit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. C:oordnation: 7A. If OWNF,R 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, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2.. the specific matters to be covered by such authority and responsibility will be itemized; and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8--01V\`EWS RESPONSUBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case of termination of the employment of LNGINEER, OWNER shall appoint an engineer against whom-CONTRAC—_TOR makes -no reasonmble-objectiom whose status under the Contract Documents shall be that of the former L•NGINEER- 83. OWNER Shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OW-NER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing I� 1 structures at contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. and meinF�tinirtg-IiebilitY-and-proprtiy insttrat arcs set faith -in -paragraphs �-5=through 8.6. OWrNER is obligated to execute Change Orders as indicated in paragraph 10.4. 5.7, OWIN[ERs responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. S.S. In connection with OWNFR's right to stop Work or suspend Work, sec paragrapha,13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. 3.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for. CONTRAGI'OR's means, methods. techniques, sequences or procedures of construction or the safety precautions and programs 'incident thereto, or for any failure of (,ON,rRAC1'OR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible for CONI'RACTM,; failure to perform or furnish the Work in accordance with the Contract Documents. 9.10..—OIX41;R's re.Tensihi1it), in -respect of unate o.,disGie,sGiesed testers—PCEIR; Ntroleutm, Wannrdeus 1AIa14e OF Radio"ve Matefials tineovefed-oF-rev k-l-at-the- ke-is 8-H, ff-e;"�=.-the-t:�ttent-�J.;Z�irhas-agrzecF-te-fuftwah arrangements-larva-berm-made-t©-satisfy-OW'NEI�s ebl Ry responsibility-in-respc�t-thereo€-will-ba-es-sa[-forth-in-the Supplementan<Eonditiois: ARTICLE 9-E,NG1i FF.R'S WATUS nMNG CONSMUCTTOIN OWNER's Representative: 9.1. ENGEMEER 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 constriction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGLN -ER lisits to Site: 9?. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress EXI)C GENFIiAL CONDMOM 191M (1990 Editicn) Wd CITY OF. FORT COLLINS MODIFICATIONS (REV 4R000 ) that has been made and the quality of the various aspects of CONTRACTOR's executed Work_ Based on information obtained during such visits and observations. LIGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. .ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINEfiR's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observation-, ENGINEER will keep UWNER, informed of the progress of the Work and will endeavor to guard OWNER against defective Work. PN1 G1NEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9:13. and particularly, but without limitation during or as a result of ENGINEER's on -site visits or observations of CONTRAC-FOR's Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CON'I'RACT'OR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. Project Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER will 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 paragraphs'9.3 and 9.13 aiyJ-i^- =� ar��-• ::cntery Conditions of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGNEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in 61ethenditie paragraph 2.3 of these General Conditions if e FNGINF.FR furnishes a Resident o ect Representatit=e (RP RjVortother assistants, or if the OWNER desispaates a Re�resen4ative or went, all as provided in paragraph 9.3 of the General Conditions, these Representatives shall have the authority and limitations as provided in paragraph 9.13 of the General Conditions and shall be subiect to the following: 9.3.1. The Representative's dealings in matters pertaining to the on-si[e work will, in general, be. with the ENGINEER and CONTRACTOR. But. the Representative will keep the OWNER properly advised about such matters. The Representative's dealings with subcontractors will only be through or with the full knowledge and approval of the CONTRACTOR 9.3.2. Duties and Rcsoonsibilities. Representative will:. 9.3.2.I.Sehedules - Review the progress 19. schedule and other schedules prepared by die CONTRACTOR and consult with the L NGLITEER concerning acceptability. 9.3.2.2. Conferences and Vfeeting - .Attend meeting with the CONTRACTOR such ns preconsiruction_ conferences,_progess meetings and other job conferences and prepare and circulate copies of minutes of meetings. 9.3.2.3. Liaison 9.3.2.3.1. Serve as FNGNPER:S linison with CONTRACTOR working principally through CONTRACTOR`S superintendent to assist the CONTRACTOR in undcrstandin_g the Contract Documents. 9.3.2.3.2. Assist in obtaining from OWNER additional details or infomiation, when. rewired, for proper execution of the Work. 9 3:2.3.3. Advise the hNGINFEP and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample submission if the submission has not been agproved by the 6'NGI.NEER 9.3.2.4.Review of Work Rejectioofn efective Work, Inspections and Tests - 9.3.2.4.1. Conduct on -site observations of the Work in proexess to assist the ENGINEER in determining that the Work is proceeding in accordance with the Contract Documents. 9.3.2.4.3. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to the ENGINEER. 9.3.2. 5. Interp_retalion of Contnict Documents. Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and tram -nit to CONTRACTOR clarification and interpretation of the Contract Documents as issued by the ENGNEER 9.316. Modifications. Consider and evaluate CONTRAM'OR'S susgestioms for �n EJCDCGENERAL CONDITIONS 1910.8 (1990 Edition) a/ CITY OF FORT COLLINS MOD1F1CAnONS (REV •I!!000) modification in Drawincs or Specifications and report these recommendations to ENGINEER. Accurately transmit to CONTRACTOR decisions issued by the ENG Ii EEER 9.3.2.7. Records. 9.3,1.8. Rz�rts. 9.3.2.8.1, Furnish ENGINEER periodic reports._ts required. of the progress of the Work and of the CONTRACTOR'S cdmlphance with the Qrogriss schedule and schedule of shop Drawing and sample submimils. 9..2.8 2. Consult with Li-1GINE1yR in advance of scheduling major tests, inspections or start of important pluses of the Work. 9.3 2.8.3. Draft proposed Change Orders and Work Directive Chang, obtaining backup material from the CONTRACTOR and recommend to ENGNEER Change Orders, Wort: Directive Charles and field orders. 9.3.2.8.4. Report immediately to ENGINEER and OIVNER the occurrence of anv accident. 9.3.2.9. Payment Requests. Review applications for p.2yment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendation to ENGINEER, noting particularly the relationship of requirements of the Contract Documents (in the form of the pHvment requested to the schedule of values Drawings or otherwise) as E-NTGI\TER may determine work completed and materials and equipment necessary, which shall be consistent with the intent of and delivered at the site but not incorporated in the reasonably inferable from the Contract Documents. Such Work. written clarification and interpretations will be binding on OWNER and CONTRACTOR. If OWNER or 9.3.2.10. Completion. CONTRACTOR believes that a written clarification, or interpretation justifies an adjustment in the Contract Price ' 9.3 2.10.1. Before L IGINEER issues_a or the Contract Times and the parties are unable to agree Certificate of Substantial Comp to the amount or extent therwL if any. OWNER or of observed items to CONTRACTOR a list items CONTRACTOR may make a written claim therefor as requirirtg correction or completion provided in Article 11 or Article 12. ' 9.3.2.10.2. Conduct final inspection in the Authorizer! Kariations in Work: compa v of the ENGINEER, OWNER and CONTRACTOR and )rrcMrc a final list of 9.�. ENGINEER may authorize minor variation-. in items to be corrected or completed. the Work from the requirements of the Contract Documents which do not involve an adjustment in the ' 9.3.2.10.3. Observe that all items on the Contract Price or the Contract Times and are compatible final list have been corrected or completed and with the design concept of the completed. Project as a make recommendations to ENGINEER functioning; whole as indicated by the Contract concerning acceptance. Documents_ 'These may be accomplished by a Field Order and will be binding on OWNER and also on 9.3.3. Limitation of Authoritv: The Representative shall CONTRACTOR who shall perform the Work involved -V promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or 9.3.3.1. Authorize any deviation-. from the the Contmei Time-. and the parties are unable to agree as Contract Documents or accept any substitute to the amount or extent thereof. OWNER or ' materials or equipmert4 unless authorized by the CONTRACTOR may make a written claim therefor as ENGINEER: provided in Article I l or 12. 9.3.3.2. Exceed limitations of ENO NI E'F.R'S Rejecting Defective Work- authority as set forth in the Contract Documents, ' 9.3.3.3. Undertake any of the responsibilitics 9.6. ENGINEER will have authority to disapprove or of the CONTRACTOR, Subcontractors, or reject Work which FNGINEER believes to he defective, �QNTRACTQ&I superintenderit or that ENGW ER believes will not produce a completed Project that conforms to the Contract Documents; or that 9,_3.3.4. Advise on or issue directions relative will prejudice the integrity of the design concept of the ' to, or assume control over anyasspect of the completed Project as a functioning whole as indicated by means,_ methods, techniques, sequences or the Contract Documents. ENGNEER will also have proceduresfor construction unless such is authority to require special inspection or testing of the gxcifically called for in the Contract Documents. Work as provided in paragraph 13.0, whether or not the Work is fabricated, installed or completed. ' 9.3.3.5, Advise on or issue directions rc aearrding_Qr assume control over safety Shop Drawings, Change. Orders and Payments: precautions and p[aams in connections with the Work. 9.7. In connection with ENGINEER'S authority as to Shop Drawings and Samples. see paragraphs 6.24 through ' 9.3.3.6. Accept Shop Drawings or sample. 6.28 inclusive. submittals from anvone other than the CONTRACTOR. 9.8. In connection with ENGINEER'S authority as to Change Orders see Articles 10. I I: and 13. 9.3.3.7. Authorize OWNER to occupy the Wort: in whole or in part. 9.9. In connection with ENGUEER's authority as to ' Applications for Payment, see Article 14. 9.3.3.8. Participate in specialized field. or laboratory tests or inspection conducted by others Determinations for Unit lWces: eNcept St�ifically authorized by the ENGINEER. 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by Clarifications and Interpretations: CONTRACTOR. ENGNEER will review with CONTRACTOR the ENGINEFR's preliminary 9.4. ENGINEER will issue with reasonable promptness determinations on such matters before rendering a written such written clarifications or interpretations of the decision thereon (by recommendation of an Application MDCOENERAL CONDITIONS 1910S (1990 EcLtionj 21 W CITY Or FORT COLLIN5 MODIFICATIONS (REV A200a) 1 for Payment or otherwise). ENGINtUR's written decision thereon will be final and binding upon OWNER and CONTRACTOR unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINF.ER's decision and: (i) an appeal It= ENGTNGER'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 Iris been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGiNEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTORSuch appeal will not be subject to the procedures of paragraph 9,11. Decisions on Dispures: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles l l and 121 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGRTEER and the other party, to the .Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless LNCINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing parity shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless FNGTNEER allows additional time). ENG rNEER will render a formal decision in writing within thirty days alter receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENGt\iTEERs written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENI GINEER'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 MWER and CONTRACTOR pursuant to Article 16. or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINMR's written decision is delivered by OWNER or CONTRACTOR to the other and to LNGTNEM within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such EJCDC GENERAL CONDMoNs 1910.8 (1990 E(itim) 22 col CITY OF FORT COLLI NS MODIFICATIONS (REV •1/1000) decision, unless otherwise agreed in writing by OWNEM and CONTRACTOR 9.12. When functioning as interpreter and judge under paragraphs 9.l0 and 9.11. ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by L,NG LNEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter-pufwant-.' -6. 9.13. Limitations on LNGINEER's Authoritp and ReeponsibiGtiev. M3.1. 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 LNGL�TEER to CONTRAC'l'OR, any Subcontractor, any Supplier, any other person or organi72tion, or to any surety for or employee or agent of any of them. 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.13.4. ENGhrNEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.13.5. The limitations upon authority. and 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 One Hundred Four (104) 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 working day or fraction thereof that expires after the ten (10) ' working day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: One Million Eight Hundred Forty Three Thousand Nine Hundred Thirty Dollars and Fifty Cents ($1,843,930.50), 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 measured by progress payments will be on the basis of the progress of the Work 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. ' 7/96 Section 00520 Page 2 11 11 J F1 responsibility set forth in this paragraph 9.13 shall also apply to FNGINT-ER's Consultants, Resident Project Representative and assistants: AR'r1CLF 10—CHANGES IeN'rHE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor w; provided in Article I or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Tunes with respect to any Work perforated that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6, except in the case of an emergency as provided in paragraph 6:23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering; 10.4,1. changes in the Work which are (i) ordered by OVQNEER pursuant to paragraph I0:1; (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (Q agreed to by the parties; 10A.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3, changes in the Contract. Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.1 1; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract. Dcx:uments and applicable Laws and Regulations, but during any such appeal. CONTRACTOR shall car-7 on the Work and adhere .to the progress schCdUle its provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents EJCDC GE`Nh V. CONDITIONS 1910-8 (1990 Et itim) ed CITY OF. FORT COLLINS NIODIFICA-ricros (RLv 4200o) (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 It —CHANGE OFCONTRACr PRICE I i.1. 'rhe Contract Prix constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTR.AC"rOR shall be atCONT RACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only he changed by a Change Order or by a Written Amendment Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty clays) 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 FNGINFER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompttrued by claimant's written statement that the adjustrent claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR carutot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Charge Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. wherc the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 Cl paragraphs 11.9.1 through 11.93, inclusive); 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents; by a mutually agreed payment basis. including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2)-, 11.3.3. where the Work involved is nut covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 1 1.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and l 1.>) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost of Me IVorl:.- 11.4. The term Cast of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNK such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. payroll costs. for employees in the direct employ of CONTRACTOR in the performmance of the Work under schedules of job classifications agreed upon by OWNER and CONTRA(r0R. Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the site, payroll cols for employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, —but -not be limited to; salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and -retirement benefita bonuses; paapplicable thereto. The expenses of perfornming Work after regular working.hours, on Saturday, Sunday or legal holidays, shall be included in the above: to the extent authorized by OWNER. 1 1.4.2: Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, aril Suppliers' field services required in oonnectoon therewith All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER.. and CONTRACTOR shall make provisions so that they may be obtained.. I1.4.3, I'layments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by OWNER, EXDC GENERAL CONDITIONS 1910-8 (1990 Editicn) 24 a7CITY Ol; PORT COLLINS MODIFICATIONS (REV 4r000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to 01Vi\TR and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGLNEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insof.3r as applicable. 11.4.4. Coss of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following IIA5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. I l A i.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 CONCRr\CTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTR,%CTOR or others in accordance with rental agreements approved by OW1\TER with the advice of ENGI\i tEER, and the costs of tramsportation, loading, unloading, installation, dismantling and removal thereof —all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 1 1.4.5A Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of thetim may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTR ,,kUI'OR in connection with the performance and furnishing of the Work (except 11.5.5. Casts due to the Negligence of ' losses and damages within the deductible amounts of property insurance established by OWNER in CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of'lhem or for accordance with paragraph 5.9), provided they whose acts any of them may be liable, including but have resulted from causes other than the not limited to. the correction of defecth,e Work. negligence of CONTRACTOR, any disposal of materials or equipment wrongly supplied Subcontractor, or anyone directly or indirectly and'making good any damage to property. employed by any of them or for whose acts any of ' them may be liable. Such losses shall include 11.5.6. Other overhead or general expense costs of settlements made with the written consent and any kind and the costs of any item not specifically and approval of OWNER No such losses, damages expressly included in paragraph 11.4. .and experses shall be included in the Cost of the Work. for the purpose of determining 11.6. 'fhe CONTRACTOR's fee allowed to ' CONTRACTOR's fee. K however, any such loss CONTRACTOR for overhead and profit shall be or damage requires reconstruction and determined as follows: CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee 11.6.1. a mutually acceptable fixed fee: or proportionate to that stated in paragraph 1 1.6:2. 11.6.2. if a fixed fee is not agreed upon, then a fee 11-4.5.7. The cost of utilities; fuel and sanitary based on the following percentages of the various facilitiesat the site. portions of the Cost of the Work: 11_4.5.8. Minor expenses such as telegrams; 11.6.2.1. for costs incurred under long distance telephone calls, telephone service at paragraphs 11.4.1 and 11.4:2, the thesite, expressage and similar petty cash items in CONTRACTOR'S fee shall be fifteen percent; connection with the Work. 11.6.2.2. for costs incurred under 11.4.5.9. Cast of premiums for additional Bonds paragraph 11.4.3, the CONTRACTOR's fee shall ' and insurance required because of changes in the be rive percent: Work. 11.6.2.3. where one or more tiers of 11.5. The term Cost of the Work shall not include any of subcontracts are on the basis of Cast of the Work the following: plus a fee and no fixed fee is agreed upon, the ' intent of paragraphs 11.4.1, 11.4.2, 1.1.4.3 and 11.5.1. Payroll costs and other compensation of 11.6.2 is that the Subcontractor who actually CONTRACTOR's officers, executives, principals (of performs or furnishes the Work, at whatever tier, Partnership 'and sole proprietorships), general managers, will be paid a feeof fifteen percent of the costs engineers, architects, estimators, attorneys, auditors, incurred by such Subcontractor under paragraphs ' accountants, purchasing and contracting agents, 11.4.1 and 11.4.2 and that any higher expediters, timekeepers, clerks and other personnel Subcontractor and CONTRACTOR will each be employed by CONTRACTOR whether at the site or in paid a fee-of-five-percent-of-th6-amount-paid-to CONTRACTOR's principal or a branch office for the-mm-lower-tier-Subcontractor to be ne otiated general adm inistration of the Work and not specifically in good faith with the ONER but not to exceed W ' included in the agreed upon schedule of job five percent of the amount paid to the next lower classifications referred to in paragraph 11.4.1 or tier Su ontnutor. specifically covered by Paragraph t 1.4.4—all of which are to be considered administrative costs covered by the 11.6.2.4. no fee shall be payable on the basis CONTRACTOR's fee. of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR'S office at 11.6.2.5. the amount of credit to be allowed the site. by CONTRACTOR to OWNER for any change ' 11.5.3. Any part of CONTRACTOR's capital which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a expenses, including interest on CONTRACTOR'S deduction in CONTRACTOR's fee by an amount capital emploved for the Work and charges against equal to five percent of such net decrease; and CONTRACTOR for delinquent payments. 11.6.2.6. when both additions and credits are ' 11_5.4. Cost of premiums for all Bond and for all insurance whether or not CONTRACTOR is required involved in any one cha e, the adjustment in CONTRACTORS fee shall be computed on the by the Contract Documents to purchase and maintain basis of the net change, in accordance with the same (except for the cost of premiums covered by paragraphs 11.6.2.1 through 11.6,15, inclusive. subparagraph 11.4.5.9 above). ' 11.7, Whenever the coat of any Work is to be EJCDCGENERAL CONDITIONS 1910.8 (1990 Edition) 25 ' w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4P000) F1 determined pursuant to paragraphs 11.4 and t 1.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINE -ER an itemized cost breakdown together with supporting data. Cush Allawancea: 11.3. It is understood that CONTRACTOR has included in the Contract Price all allowances so reamed in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNFR and ENGINFFR. CONTRACTOR agrees that: I1.3.1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTORS costs for unloading and handling on the site, labor, installation eosL overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid_ Prior to final payment, an appropriate Change Order will be issued as recommended by ENG1NVER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price she ll be correspondingly adjusted. 11.9. Unit Price Work. 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bills and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with article l 1 if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONfR.AUrOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; �G EJCDC GENERAL CONDITIONS 1910-`311990 Eclitim) u7 CITY OF FORT COLLINS UODIFiCATIONS (REV,IP000) and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 119.3.3. if CONI'RACI'OR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decTease. 11.9.3.4. CONTRACTOR acknowledttes that the OWNF;R has the right to add or delete items in the Bid or char>ec quantities at OWNER'S sole discretion without affectine the Contract Price of anv remaining item so long as the deletion or addition does not exceed twenty-five percent of the original total Contract Price. AR"rICLE 12--CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only he changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or iMilcstones) shall be based on written notice delivered by the party making the claim to the other party and to F.NGINFER promptly, (hut in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimanfs written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or tvfilestones) shall be determined by FNGINFF.R in accordance with paragraph 9.11 if OVV'NLR and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestone: s) will be valid if not submitted in accordance with the requirements of [his past, tph 12.1. 12 2, All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or \,filestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or NlHestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods. epidemics.. abnormal weather conditions or acts of God. f)elays attributable to and F1 a within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTR.-kcrOR. 12.4. Where CONTRACTOR is prevented from completing any part of the Mork within the Contract Times (or Milestones) due to delay beyond the' control of both 0W`NER and CONTRACTOR an extension of the Contract Tunes (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from() delays caused by or within the control of the CONI'RACI'OIR, or (ii) delays beyond the control of both parties including but not limited to, fires, 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--'rwrs ,LN'D INSPECTIONS; CORRECTION, REIMOVAL OR ACCF.rr,%N'CE: OF DEFECTIh7 WORK 13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or FNGINEE.:R have actual knowledge will be given to CONTRACTOR :All defective Work may be rejected, corrected or accepted as provided in this Article 1.3. Access to Work: 13.1 OWNER, ENGINEER sE�i lGMi ER's Consultiants, other representatives and personnel of OWNER independent testing laboratories and governmental agencies with jurisclictioml interests will have access to the Work at reasonable —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 than they may comply therewith as applicable. Teas and Inspections• 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 FJCDCOE'N MAL CONDITIONS 191" (1990 Edtim) cat CITY OF FORT COLLINS NIODIIICA'rIONS (REV d2000) 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 Lawlor Regulations of any public body having juriscliction 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 orapproval. CONTRACTOR shall also beresponsible for arranging and obtaining and shall pay ail costs in connection with any inspections, tests or approvals'required for OWNER's and ENGINEFR's acceptance of materials or equipment to be incorporated in the Work: or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it most, if requested by ENGINEER, he uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the saute and ENGINF.,ER has not acted with reasonable promptness in response to such notice.. Uncovering Work: 13.8. If any Work is covered contmry to the written request of ENGINEER, it must, it' requested by ENGINEER, be uncovered for ENGINEER'S observation and replaced at CONTRACTOR's expense 13.9. If FNGINIFF,R considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR at ENGINFER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found'that'such Work is ciefectnve, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and. if the parties are unable to agree as to the amount thereo( may make a claim therefor as provided in Article 11. IL however, such Work is not found to be ci, ective, CON'IRACI'OR shall be allowed an increase in the Contract Price, or an extension of the Contract Times (or Milestones), or both, directly attributable to such 27 uncovering. exposure, observation, inspection. testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Articles 1 I and 12. 0INVER atop Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTR:ACI'OR ro stop the Work, or any portion thereof. until the cause for such order has been eliminated, however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work: 1111. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CON'rRACt'OR shall pay all claims, costs, lasses 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 ens, yea two Years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the temps of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting; therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR 13.12.2. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work. the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective Work (and damage to other EJCDC GEN AL CONDMONS 1910-8 (1990 Edtim) 28 a•/ CITY OF FORT COLLI NE MODIFICATIONS (REV QP_000) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of one yaar two years after such correction or removal and replacement has been satisfactorily completed. acceptance of Defective IVork: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGMTEER's recommendation of final payment. also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNP.Ws evaluation of and determination to accept such dfective Work (.such costs to be approved by ENOLNEER as to reasonableness). If any such acceptance occurs prior to ENGINEER'S recommendation of final payment, a Change Order will be issued incorporating the rwcessary revisions in the Contract Documents with respect to the Work. and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to.OWNER— OWNER Mzkr Correct Defective Work: 13,14. If CON'f RACI'OR fails within a reasonable time after written notice from ENGE14FERto correct d fective Work or to remove and replace rejected Work as required by ENGINEF.R in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Comract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of die Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOWs tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER OVVrNER's representatives, agents and employees. OWNER's other contractors and ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this pamgaph All claims, casts, lasses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documcnts with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties arc unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 11. Such claims, costs, losses and 1 1 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 CONMACTOR's defective Work. CONTRACTOR shH11 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 OWNERS rights and remedies hereunder. ARTICLE 14--PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of V alues.- 14:1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed Application for Progress Payment: 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment tilled outand signed by CONI'R.AM'OR 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 Gee and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. Any funds that are withheld by the OWNER shall not be subject to substitution by the CONTRACTOR with securities or anv arrangements involvip6 an escrow or custodianshiD. By "ecuti%, the application for payment farm the CONTRACTOR expressh, waives his right to the benefits of Colorado Revised Statutes, Section 24-91-10L et see. CONTR4CTOR's WarrantyofTitle. I4.3_ CONTRACTOR warrmts and guarantees that title to all Work. materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to O\VNL•R no later than the time of payment free and clear of all Liens. Review of.4pplieations for Progress Payment. 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a EXDCGh"N1 h&u CONDITIONS I9lo-s (t990 E(Etion) w! CITY OF FORT COLLINS MODIFICATIONS (REV 4R000) recommendation of payment and present the Application to O\\rNER, or return the Application to CONTRACTOR indicating in writing ENGLNVEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. "fen clays after presentation of the Application for Payment to OWNER with E4Gf1,TEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will 6Dnstitute a representation by ENGINEER to OWNER, based on F.".NGINEFR'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 ENGINFFR's knowledge, information and belief: 14.5.1. the Work has progressed to the point indicated, 14.5.2, the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOWs being entitled to such payment appear to have been fulfilled insofar as it is ENGMEER's responsibility to observe the Work. However, by recommending any such payment ENGMEER will not thereby be deemed to have represented that: (i) exhaustive cn continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the resperosibilities specifically assigned to ENGINEER in the Contract Documents or (i1) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR 14.6. ENGINEERS recommendation of any payment, including final payment, shall nut mean that ENGINNEER 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 Reaulauons applicable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or famish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if. in ENGINEER's opinion, it would be incorrect to make the representations to 29. 5 OWNER referred to in paragraph 145. ENGINTSER 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 kz may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective. or completed Work has been damaged requiring correction or replacement, 14.7 1 the Contract Price has been reduced by Written amendment or Change Order, 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTR.4C1'(.)R's performance or furnishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNF..R to a set- off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occurrence of anv of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive: but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount vi withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. Substantial Completion: 14.3. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically fisted by CONTRACTOR as incomplete) and request that ENG1 iEER issue a certificate of Substantial Completion. Within a reasonable time thereafter. OWNER. CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete. ENGINTEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER 3t} EXL)CGENERALCOUDITIONS191"0990Editim) W/ CITY OF FORT COLLINS 4IODIFICATIONS (RLV 4P-000) considers the Work substantially complete. ENGLNEER will prepare and deliver to OXV ER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items. to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGI-VEER as to any provisions of the certificate or attached list.. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGENTER will within fourteen days after submission of the tentative certificate to OWNER notify CON1RACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete; ENGINEER %ill within said fourteen days execute and deliver to OWNER and CONIRACT'OR a definitive catiftctte of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENG rNEER believes justified after consideration of any objections from OWNER,. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER' and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so infort ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGWEEWs 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 Utilizadon: 14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work, which: (i) has specifically been identified in the Contract Documem% or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work. may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1.OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. if CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGLNEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. J F� CONTRACTOR at any time may notify OWNER and ENTGNEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request L�1G MEER to issue a ceniticate of Substantial Completion for that Ran of the Work. Within a reasonable time alter either such request, OWNER. CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion If &NOLNEER does not consider that part of the Work to be substantially complete, ENGNEER will notify OWNER and CONTRACTOR in writing giving the rensoms therefor. If FNGINFER. considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14,10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in.respect,of property insurance. Final Inspection: 14.11. Upon written notice from CONTIR-AurOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or clefGaiv,?. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. FinalApplication for Pi Nvment: 14.12.. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, &nwrantees, Bonds, certificates or other evidence of insurance required by para��r'�tph5.4, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (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 (ii) all payrolls, material and equipment bills, 'and other indebtedness connected with the Work for which OWNER or OWNFR's property might in any way be responsible have been paid or otherwise satisfied_ If any Subcontractor or Supplier fails EJCDCGENERAL. COND111ONS 1910-8 (1990 Edtim) w/ CITY OF FORT COLLINS MODIFICA'r1ONS (REV dQOOO) to furnish such a release or receipt .in lull, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien Releases or waivers of liens and the consent of the surety to finalize payment are to be submitted on forms conforming to the format of the OWNER'S standard forms bound in the Proie1 ct manual. Final Payment and: Icceptance: 14.13. If, on the basis of ENGWEER's observation of the Work during construction and final inspection and ENGINF.,FR's review ofthe final Application for Payment and accompanying, documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has. been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment. indicate in writing ENGINF.ER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, E"NGINE''ER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINFER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to paragraph 17.6." of these General Conditions. 14.14. If through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGNEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. if the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the relaimge stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surely to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to LNGNEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver nfClaims. 14.15. The making and acceptance of final payment.wdl constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after "I final inspection pursuant to paragraph 14.11. from failure to comply with the Contract Documents or the terms of any special, guarantees specified therein, or front CONTRACTOR's continuing obligations under the Contract Documents: and 14.15.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made In writing and still unsettled. ARTICLE 15--SUSPENSION OF WORD :LND TERNIINATION OINVER Stay Suspend /York: 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 clays by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles I 1 and 12. 01MVER May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if C0N1 TRACTOR persistently tails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or t'ailure to adhere to the progress schedule established under paragraph 29 as adjusted from time to time pursuant to paragraph 6.6); 15:12. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.3. if CONTRACTOR disregards the authority of ENGPLEER or 15,2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents: OWNER may, after giving CONI MACTOR (and the surety, if any) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONT RACTOR exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion). incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid EJCDCGENEKAL CONUITIONS 1910-5 (1990 Edition) 32 w/ crrY OF FORT COLLI M MODIFICATIONS (REV,IrO ) 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 anv further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess.will be paid to CONTRACTOR_ If such claims, costs, losses and damages exceed such unpaid balance. CONTRACTOR shall pay the difference to OWNER. Such claims. costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies wider this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONI'RAM'OR'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. :\ny retention ar payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice; to CONTTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case:, CONTRACTOR shall he paid (without duplication of any items): 15A.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasormble sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective (late of termination in perforating services and Furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages insured in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15,4.4. for reasonable expenses directly attributable to term inat ion. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out ofor resulting from such termination. MVMICTOR S/qv Stop IMork or Teraunate: 15.5. IG through no act or fault of CONTRACTOR. the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEFR fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any 5.1.1. Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably 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 7/96 Section 00520 Page 3 J 1 sum -finally determined to be due, then CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty clays to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days written notice to, OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR including interest thereon. The provisions of this paragraph 15.5 are not. intended to preclude CONTRACTOR from making claim murder Articles 11 and I? for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRAcrows stopping Work as permitted by this paragraph. ARTICLE 16-11ISPUTF.iRuiot.trrm If and to the extent that OWNER and CONTRACTOR I-mve agreed. on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibitc;C-A, "Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been .reached, and subject to the provisions of paragraphs9.10, 9.11 and 9,12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents.or by Laws or Regulations, in respect. of any dispute. ARTICLE 17—bIISCEL"NEOUS Giving .Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the Finn, or to an officer of the corporation for whom it is.intended, or if delivered at or sent by registered or certified mail, postage prepaid to the last business address known to the giver ofthe 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 clay of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. EJCDCGENEFAL CONDITIONS 1910,8 (1990 Edtim) w/CITY OF FORT COLLINS MODIFICATIONS (RE'V,42000) 17.2.2- A calendar day of twenty-four hours measured from midnight to the nest midnight will constitute a day. Notice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other parry or of any of the other partvs employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of fimitalions or repose.CumuladveRemedier 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warmnties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 1 .14, 14.3 and 15.2 and all of the rights and remedies available to OWi TER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are othenvise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as et%ctive as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional E'ees and Court Cos& Included• 17.5. Whenever reference is made to "claims, cysts, losses and damages", it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. 176, The laws of the -$rate of Colorado appl ty o dlis Agreement Reference to two pertinent Colorulo statutes are as follows' 17.6.1. .Colorado Revised Statutes (CRS 8-17-101) require tivmt Colorado labor be employed to perform the Work to the extent of not less than 80 percent (30°l0) of each ty��eor class of labor in the several classiGartions of skilled and common labor emploved on the project. Colorado labor means any person who is a bona fide resident of the Strte of Colorado at the time of employment, without discrimination as to race, color, creedape, religion or se.v 17.6.2. if a claim is filed OWNER is required by law (CRS 35=26-107) to withhold Cram. all rx+tments to CONTRACTOR sufficient funds to insure the paymmcnt of all claims for labor, materials, team hire. sustenance, provisions, provender, or other suppli used or consumed by CONTRACMR or his ItM subcontractors in or about the pertomiance of the Work. Such funds must be withheld until said claims have been paid or such claims as filed have been withdrawn, such payment or withdrawal to be evidenced by filing EJCDC GENERAL. CONDITIONS 19 [" (1990 Edition) 34 w/ CITY OF FORT COLLI NS NIODIFlCAT(ONS (REV IP000) (fhispage Iefthlank- intentionally.} 1 EJCDCGENEP—U CONDITIONS 191" Q99oE(btim) ' w/ CITY OF FORT COLLINS NIODIFIC.1'CIONS (REV 4/2000) 35 E) 3G DCGENERALCOND171ON51910-8(1990Edition) w/ CITY OF FORT COLLI M NIOD1FICA'r1ONS (REV Jn000) I 1 EXHIBIT GC -A to General Conditions of the Construction Contract .Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT OWN[d2 and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTR %crok is amended to include the following agreement of the parties: 16:1. All claims, disputes and other mattes in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach. thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining. subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article: 16 will be specifically enforceable under the prevailing law of any court having jurisdiction 16.1 No demand for arbitration of any claim, dispute or other matte _ that is required to be referred to GNGNEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has, not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.1 l; and the failure to demand arbitration within said thirty days' period will result in ENGNEER's decision being £rail and binding upon OWNER and CONTRACTOR If ENGINEER renders a decision alter arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided. in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association and a copy will be sent to ENGINEER for information The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16 2.as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal br equitable proceedings based on such claim, dispute or other matter in question would he barred by the applicable statute of limitations. EJCDC GENERAL CONDITIONS 19I0-3 (1990 E(itim) nt CITY OF FORT COLLINS MODIFICATIONS (REV 9t99) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity. (including ENGINEER. ENGNEERs Consultant and the officers, directors; agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete rehef is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which wil I arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matte in question hetween OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OIYNER and CONTRACTOR hereunder. CONfRAcToR shall include in all subcontracts required by paragraph 6:11 a specific provision whereby the Subcontractorconsents to being joined in an arbitration between OWNER and CONTRACTOR involving the Wort; of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGNEER's Consultants that does nototherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may he entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims. counterclaims, disputes, and other matters, in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"). to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the parties: The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not sere a as arbitrator of such dispute unless otherwise agreed. GC -AI e FJCDC GFNF.R E CONDITIONS 1910-8 (1990 Edlim) GC -AI , wl CITY OF FORT COLLINS (MODIFICATIONS (REV 9/99) SE I ISECTION 00800 SUPPLEMENTARY CONDITIONS 1 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. 5.4.6 The 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) . 7/96 Section 00800 Page 1 , SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960Application for Payment 1 11 1 9/99 1 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: CONTRACTOR: PROJECT NUMBER: DESCRIPTION: 1. . Reason for change: 2. Description of Change: 3. Change in Contract Cost 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing DATE: DATE: DATE: DATE: 9/99 Section 00950 Page 1 terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown ' or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the 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 1 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 7.2.2Certificate of Final Acceptance ' 7.2.3Lien Waiver Releases 7.2.4Consent of Surety 7.2.5Application for Exemption Certificate 7.2. 6 Application for Payment ' 7/96 Section 00520 Page 4 m m r W m m�� M M MI M m r a m m m m Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as NUMBER DATE AMOUNT follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00 CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. Date: By: 9/99 Section 00960 Page 1 APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 99 SeAW,n WW0 6w 1m CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00' $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 9/99 Section 00960 Page 1 2010 ASPHALT OVERLAY PROJECT GENERAL REQUIREMENTS INDEX SECTION 01010 Summary of Work 01040 Coordination 01310 Construction Schedules 01330 Survey Data 01340 Shop Drawings 01410 Testing 01510 Temporary Utilities 01560 Temporary Controls 01700 Contract Closeout 01800 Method of Measurement and Basis of Payment PAGE NUMBERS General Requirements 1-2 General Requirements 3-4 General Requirements 5-6 General Requirements 7 General Requirements 8-10 General Requirements 11-12 General Requirements 13 General Requirements 14-15 General Requirements 16 General Requirements 17 SECTION 01010 ' SUMMARY OF WORK 1.1 DESCRIPTION OF WORK A. This work shall consist of asphalt patching, asphalt overlays, geotextile paving fabric, and manhole and valve box adjustments on designated streets in the City of Fort Collins. Specific locations are described in Section 3500, Project Map. IB. 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. i1.2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES 1 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. Erika Keeton and/or Kathleen Maddux will be the ENGINEER (Project Manager/Engineer). Erika Keeton 970-221-6605 Mobile/Pager 970-222-0787 Kathleen Maddux 970416-2011 Mobile/Pager 970-222-8781 F. Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's convenience. General Requirements - Page l 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: Xcel Energy Emergency 1-800-895-2999 Local Contact: Pat Kreager 970.566.4416 Telephone: UNCC / 1-800-922-1987 Local Contact: Debbie Kautz 970.689.0635 Traffic Operations: City of Ft. Collins, Colorado 221-6630 Cable Television: Comcast 493-7400 Utility Notification Center of Colorado (UNCC) - 811 1-800-922-1987 AGENCIES Safety: Occupational Safety and Health Administration (OSHA): 844-3061 Fire: Poudre Fire Authority Non -Emergency: 221-6581 Emergency: 911 Police: City of Fort Collins Police Department Non -Emergency: 221-6540 Emergency: 911 Postmaster: US Postal Service: 225-411 l Transportation: Transfort: 221-6620 Traffic Engineering: 221-6630 END OF SECTION Larimer County Sheriffs Department: Non -Emergency: 221-7177 Ambulance: Poudre Valley Hospital Non -Emergency: 484-1227 Emergency: 9 l 1 General Requirements - Page 2 of 17 SECTION 01040 ' COORDINATION 1.1 GENERAL CONTRACTOR RESPONSIBILITIES A. Coordinate operations under contract in a manner which will facilitate progress of the Work. The Contractor shall also coordinate with the Landscape Contractor whose Work is separate from the General Contractors contract. B. Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner 1 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. jD. Coordinate all operations with the adjoining property owners, business owners, and surrounding neighborhoods to provide satisfactory access at all times and keep them informed at all times. 1.2 CONFERENCES A. A Preconstruction Conference will be held prior to the start of construction. I . Contractor shall participate in the conference accompanied by all major Subcontractors, including the Traffic Control Supervisor assigned to the project. 2. Contractor shall designate/introduce Superintendent, and major Subcontractors supervisors assigned to project. 3. The Engineer shall invite all utility companies involved. 4. The Utilities will be asked to designate their coordination person, provide utility plans, and their anticipated schedules. ' 5. The Engineer shall introduce the project Representatives. B. Additional project coordination conferences will be held prior to start of construction for coordination of the Work, refining project schedules, and utility coordination. C. Engineer may hold coordination conferences to be attended by all involved when Contractor's operations affects, or is affected by, the work of others. 1 1. Contractor shall participate in such conferences accompanied by Subcontractors as required by the,Engineer. 1.3 PROGRESS MEETINGS A. Contractor and Engineer's Project Representatives shall schedule and hold regular progress meetings at least weekly and at other times as requested by the Engineer or required by the progress of the Work. B. Attendance shall include: 1. Contractor and Superintendent. 2. Owner's Representatives. ' 3. Engineer and Resident Project Representative. 4. Traffic Control Supervisor 5. Others as may be requested by Contractor, Engineer or Owner. General Requirements - Page 3 of 17 1 it C. Minimum agenda shall include: 1. Review of work progress since last meeting. ' 2. Identification and discussion of problems affecting progress. 3. Review of any pending change orders. 4. Revision of Construction Schedule as appropriate. ' D. The Engineer and Contractor shall agree to weekly quantities at the progress meetings. The weekly quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall be final and shall be the basis for the monthly progress estimates. This process ensures accurate monthly project pay estimates. END OF SECTION General Requirements - Page 4 of 17 SECTION 01310 CONSTRUCTION SCHEDULES 1.1 GENERAL A. The contractor shall prepare a detailed schedule of all construction operations and procurement after review of tentative schedule by parties attending the pre -construction conference. This schedule will show how the contractor intends to meet the milestones set forth. 1. No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of delivery of equipment and materials. 1.2 FORMAT AND SUBMISSIONS A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual I progress. B. Submit two copies of each schedule to Owner for review. 1. Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others. C. The schedule must show how the street, landscaping and various utility work will be coordinated. ' 1.3 CONTENT A. Construction Progress Schedule. 1. Show the complete work sequence of construction by activity and location. 2. Show changes to traffic control. 3. Show project milestones B. Report of delivery of equipment and materials. 1. Show delivery status of critical and major items of equipment and materials. 2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for equipment and materials, reference Section 01340. 1.4 PROGRESS REVISIONS A. Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when requested by Owner or Engineer, and with each application for progress payment. B. Show changes occurring since previous submission. ' 1. Actual progress of each item to date. 2. Revised projections of progress and completion. C. Provide a narrative report as needed to define: 1. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of others. General Requirements - Page 5 of 17 l 1.5 OWNER'S RESPONSIBILITY A. Owner's review is only for the purpose of checking conformity with the Contract Documents and assisting Contractor in coordinating the Work with the needs of the Project. B. It is not to be construed as relieving Contractor from any responsibility to determine the means, methods, techniques, , sequences and procedures of construction as provided in the General Conditions. END OF SECTION 7 it it General Requirements - Page 6 of 17