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HomeMy WebLinkAbout202421 CULTER REPAVING INC - CONTRACT - BID - 6077 HOT-IN-PLACE RECYCLING PROJECT (4)I F6C�irt C limn / Purchasing Financial Services Purchasing Division 215 N. Mason St. 2n° Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing SPECIFICATIONS AND ' CONTRACT DOCUMENTS ' FOR Hot In Place Recycling Project BID NO. 6077 — 2011 Renewal PURCHASING DIVISION ' 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS 1 1 I I I ' OWNER CITY OF 0 T C LL S By: JAMES B. , FILL II, CPPO, FNIGP IRECTOR OF PURCHASING AND RISK MANAGEMENT ' Date: ' Attes Address for giving notices: P. 0. Box 580 ' Fort Collins, CO 80522 Approved as t orm Ass i to t C Attorney CONTRACTOR: Cutler Repaving, Inc. By: Charles R. Veskerna Title: President Date: (CORPORA SEAL) Attest. Address for giving notices: 921 E 27th St Lawrence, KS 66046-4917 LICENSE NO.: Section 00520 Page 6 SECTION 01510 TENIPORARY UTILITIES 1.1 UTILITIES A. Furnish all utilities necessary for construction. B. Make arrangements with Owner as to the amount of water required and time when water will be needed. 1. Meters may be obtained through the Water Utility Meter Shop at 221-6759 2. Unnecessary waste of water will not be tolerated. C. Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor. 1.2 SANITARY FACILITIES A. Furnish temporary sanitary facilities at each site for the needs of construction workers and others performing work or furnishing services on the Project. B. Properly maintain sanitary facilities of reasonable capacity throughout construction periods. C. Enforce the use of such sanitary facilities by all personnel at the site. D. Obscure from public view to the greatest practical extent. END OF SECTION General Requirements - Page 10 of 13 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. L3 POLLUTION CONTROL A. Prevent the pollution of drains and water courses by sanitary wastes, concrete, sediment, debris and other substances resulting from construction activities. 1. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site. ' 2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts. 1.4 TRAFFIC CONTROL ' A. Maintain traffic control in accordance with the "Manual of Uniform Traffic Control Devices" (MUTCD), the Cityof Fort Collins "Work Area Traffic Control Handbook", and the City of Fort Collins "Design Criteria and Standards for Streets", Part 2, General Requirements, Subsection 1.4, `Barricades Warning Signs, Signal Lights". In the event of conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. 1.5 HAUL ROUTES ' The Engineer reserves the right to set haul routes in order to protect pavements, both new and old, from heavy loads. These pavements may include, but are not limited to, recently constructed pavements, recently overlaid pavements, and/or pavements whose condition would be significantly damaged by heavy loads. END OF SECTION General Requirements - Page I l of 13 11 SECTION 01700 ' CONTRACT CLOSEOUT 1.1 CLEANNG 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 City Representative will be the judge of the degree of restoration required. END OF SECTION General Requirements - Page 12 of 13 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 therefore. END OF SECTION 1 lI 1 ' General Requirements - Page 13 of 13 The Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction', 2005, and the ' Larimer County "Urban Area Street Standards," April 2007 (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 105 Inspection of Work 105 Maintenance During Construction 107 Protection and Restoration of Property and Landscape 108 Prosecution and Progress 210 Adjust Manholes, Valve Boxes and Meter Boxes 405 Heating and Scarifying Treatment REVISION OF SECTION 105 INSPECTION OF WORK, ' Section 105 of the Standard Specifications is hereby revised as follows: Subsection 105.11 shall include the following: ' The Contractor shall keep the Engineer informed of his future construction operations to facilitate scheduling of required inspection, measuring for pay quantities, and sampling. The Contractor shall notify the Engineer a minimum of 24 hours in advance of starting any construction operation that will require inspection, measuring ' for pay quantities, or sampling. Failure of the Contractor to provide such notice will relieve the owner and the Engineer from any responsibility for additional costs or delays caused by such failure. ' Inspection of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his contract as prescribed. Work and materials not meeting specifications shall be corrected and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been previously inspected by the Engineer or that payment therefore has been included in the progress estimate. 1 1 Project Specifications - Page 2 of 12 REVISION OF SECTION 105 MAINTENANCE DURING CONSTRUCTION Section 105 of the Standard Specifications is hereby revised as follows: Subsection 105.14 shall include the following: The roadway area, including curb, gutter, and sidewalk, adjacent to and through the construction area shall be cleaned ofdebris by the Contractor at the earliest opportunity, but in no case shall the area be left unclean 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. 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. Subsection 105.17 shall include the following: The City's commitment to our Environmental Management System (EMS) requires that vehicles on City projects shall comply with the adoption of a "Limitation on Engine Idling" to reduce environmental impacts related to construction. Please comply with turning off vehicles instead of idling for long periods (more than three minutes, as a general rule). END OF SECTION Project Specifications - Page 3 of 12 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: 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. 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. ' All labor, materials, tools, equipment, incidentals, and work involved in protecting or repairing underground facilities shalt be considered incidental to the work being done and shall not be measured and paid for separately. END OF SECTION 1 IJ ' Project Specifications - Page 4 of 12 Section 108 of the Standard Specifications is hereby revised as follows: Subsection 108.04 shall include the following: This work shall be completed within the following calendar months: JAN FEB MAR APR MAY I JUN I JUL AUG SEP OCT NOV DEC It is the intent of this project to be completed within thirty (35) consecutive working days after work commences. Other restrictions are as follows: i Pavement installation maybe required to be performed on Saturday or Sunday at intersections. END OF SECTION Project Specifications - Page 5 of t2 REVISION OF SECTION 210 ' ADJUST NIANHOLES, VALVE BOXES, METER BOXES ' Section 210 of the Standard Specifications is hereby revised as follows: 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. All structures shall be adjusted to be 1/8" to 518" below the pavement. 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 to within one percent. All Valve box adjustments shall be no greater than 1/4" below the pavement. ' The Engineer shall determine the method of adjustment for each structure. Valve boxes shall be adjusted by one of the following methods: ' l . 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. Adjust with adjusting rings. These items will be measured and paid for under "Adjust Valve Box with Ring", 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. ' Manholes shall be adjusted with adjusting rings. This item will be measured and paid for separately under "Adjust Manhole with Ring". Rings shall be provided by the City. 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/re-installed by the Contractor, as directed by the Engineer. 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. ' Project Specifications - Page 6 of 12 t 11 SECTION 00530 NOTICE TO PROCEED Description of Work: 6077 Hot In Place Recycling Project 2011 Renewal To: Cutler Repaving, 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. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within () calendar days from receipt of this notice as required by the Agreement. Dated this day of , 20 The dates for Substantial Completion and Final Acceptance shall be , 20_ and 20, respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of 20_ CONTRACTOR: Cutler Repaving, Inc. By: Title: Section 00530 Page 1 REVISION OF SECTION 210 ADJUST MANHOLES, VALVE BOXES, METER BOXES 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. 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. Payment will be made under: Pay Item Pay Unit 210.01 Adjust Valve Box Each 210.02 Adjust Valve Box With Ring Each 210.03 Adjust Manhole With Ring Each 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, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION Project Specifications - Page 7 of 12 REVISION OF SECTION 405 ' HEATING AND SCARIFYING TREATMENT Section 405 of the Standard Specifications is hereby deleted for this project and replaced with the following: ' DESCRIPTION This work shall consist of rehabilitating the existing surface layer of existing asphalt pavement. Rehabilitation shall be done with specialty designed equipment in a simultaneous multi step process of heating, scarifying, applying an asphalt rejuvenating agent, and thoroughly re -mixing and re -shaping the old asphalt surface, and then placing an overlay of new hot mix bituminous pavement in compliance with the lines, grades, thickness and typical cross sections shown on the plans or established by the Engineer. The work shall include compacting the rehabilitated surface. NOTE: This work shall be performed with a single machine that heats, scarifies, rejuvenates, and spreads virgin material all in one continuous pass. Additional pre -heaters may be utilized to achieve specified depth and temperature. Turn Bays delineated by median curb will not be included in this project. Signal Loops will be lowered to a minimum depth of 6 inches prior to construction under separate contract. ' Taper planing will be provided prior to construction under separate contract. MATERIALS ' Asphalt rejuvenating agent used to restore the existing pavement shall be approved by the Engineer prior to use, and shall conform to Section 702.04 and revisions thereto. A manufacturer's certification shall be submitted for each load of rejuvenating agent delivered to the project. ' The City shall supply sufficient cores at various locations representing the entire project to determine the bitumen content, absolute viscosity and penetration of the bitumen in the top l" of the pavement. The Contractor shall utilize this data to establish the type and amount of rejuvenating additive. The recommended amount, with the test data and core locations, shall be submitted with the rejuvenate mix design to the Engineer 30 days prior to construction for approval. Rejuvenating agent will be paid by the gallon of actual field measured quantities. Costs associated with producing the mix design will not be measured or paid for separately, but will be considered incidental to the work. Grading S (I00) PG 64-28 hot mix bituminous material will be provided by the City, including haul to the project, under separate contract. ' EQUIPMENT The Contractor shall specify in the bid proposal the type of equipment intended for use on this project. The equipment shall be on the project in operating condition a minimum of 24 hours before beginning operations to allow for evaluation ' by the Engineer. The Engineer reserves the right to reject equipment deemed not suitable for the intended purpose at no additional cost to the City. The recycling equipment shall meet the following requirements: ' Repaver Equipment The equipment for this work shall be a self-contained, self-propelled, automated unit capable of heating, scarifying (or milling), mixing with approved rejuvenate, redistributing, and leveling the existing asphalt pavement to the specified depth of one ( l) inch, all in a single pass. Project Specifications - Page 8 of 12 REVISION OF SECTION 405 HEATING AND SCARIFYING TREATMENT It shall have a means of automatically applying an asphalt rejuvenating agent at a uniform rate as shown on the plans or as directed by the Engineer. It shall be capable of applying a one (1) inch new hot mix bituminous pavement layer over the hot, partially compacted recycled mixture. Heating Unit This unit shall be hooded to prevent damage to adjacent property and plant growth, including trees and shrubs. It shall be capable of heating the pavement surface to a temperature high enough to allow scarification to the required depth without breaking aggregate particles or charring the pavement surface. Scarifying or Milling Units The scarifiers or rotary millers shall be able to penetrate the pavement surface to a minimum depth of one (1) inch in one pass. Scarifiers or millers shall be equipped with separate, automatic height adjustments which allow clearance over manholes and other obstructions. Rejuvenating Agent Applicator This system shall automatically add rejuvenating agent to the scarified material at a uniform rate as approved by the Engineer. The application rate shall be synchronized with the machine's forward speed to maintain a tolerance within 5% of the specified rate. The Contractor shall provide detailed information regarding calibration within six months of the beginning of the project. Conveying System This system shall consist of a receiving hopper and conveying system to collect and transport new hot mix bituminous pavement material to the finishing unit. Recycling Unit This unit shall consist of a system which mixes, distributes, and levels the scarified material over the width being processed to produce a uniform cross-section, grade and texture of recycled material. Finishing Unit Rollers This unit shall have automatic screed controls to produce a surface conforming to that shown on the plans or as directed by the Engineer. The unit shall be capable of producing a uniform slope, grade and texture. Rollers shall conform to Section 401 and revisions thereto. Project Specifications - Page 9 of 12 I REVISION OF SECTION 405 ' HEATING AND SCARIFYING TREATMENT CONSTRUCTION REQUIREMENTS ' Immediately before pavement recycling, the pavement to be treated shall be broomed or otherwise cleaned of all loose particles, trash, debris, earth or other deleterious materials. All weeds in the gutter line shall be removed. The Contractor shall use all means necessary to prevent the spread of dust and debris during the performance ofthe work. The Contractor shall be responsible for protecting the area adjacent to the work from heat damage. If damage occurs, the Contractor shall replace all damaged areas, landscape, curb, parked vehicles, overhead lines, etc., at no cost to the City. 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 or City Forester. ' The Contractor shall provide fire fighting equipment, which will not be measured or paid for separately, but shall be considered incidental to the work. The heating shall be sufficient to soften the pavement to the extent that it can be scarified or milled to a depth of one (1) ' inch. Heating shall be done in a manner that will assure uniform softening and will not char the asphalt. To provide a welded longitudinal joint, the standing edge of the adjoining asphalt pavement shall be fully heated to a width at least 2 inches beyond the width to be scarified and rejuvenated. When a pass is made adjacent to a previously ' placed mat, the longitudinal seam shall extend at least 4 inches into the previously placed mat. Immediately following heating, the pavement surface shall be scarified or milled to the specified depth. The scarified ' material shall have a temperature between 225' and 265' F, unless otherwise directed by the Engineer. The material shall be leveled, mixed and treated with a rejuvenating agent. The application rate shall be as shown on the plans or as approved by the Engineer. Application rate for the rejuvenating agent may be adjusted as necessary to maintain a uniform mixture. New hot mix bituminous pavement material shall be added to the reclaimed mixture by the following method: The reclaimed material shall be gathered by a leveling device and spread to a uniform depth over the width being processed. After it is placed, and while it still has a residual temperature of at least 190' F, a one (1) inch layer of new hot bituminous pavement material shall be placed over it. Grading S or SX hot mix bituminous material will be provided by the City, including haul to the project, under separate contract. ' Compaction equipment shall be of sufficient type and size to compact the surface course to the required density. Due to varying properties of the existing asphalt pavement, the following adjustments shall be made if required and as ' directed by the Engineer. • Depth of scarification may be varied. • Application rate for rejuvenating agent or other asphaltic material may be adjusted as necessary to maintain a uniform mixture. • Application rate for new hot mix bituminous pavement (pounds per square yard) may be adjusted to maintain the design depth of combined recycled and new hot bituminous pavement. ' The Contractor shall place temporary pavement marking tape on the newly overlaid roadway for the purpose of temporary delineation. The temporary pavement marking tape shall be placed daily, on the former alignment of previously existing centerline and lane line striping, on the area paved. The Contractor shall be responsible to ensure ' accurate placement of the temporary pavement marking tape. Tape shall be reflective and uniform in color to the existing Project Specifications - Page 10 of 12 1 REVISION OF SECTION 405 HEATING AND SCARIFYING TREATMENT striping color they are replacing. The Contractor shall place the temporary pavement marking tape in two (2) foot strips, at twenty foot (20') maximum spacing. The cost of temporary pavement marking tape and installation shall not be measured or paid for separately, but shall be included in the cost of the Work. Temporary pavement marking tape shall be submitted for approval by the Engineer prior to construction. TRAFFIC CONTROL Traffic Control will be provided by the City of Fort Collins Streets Department under separate contract. Extensive coordination between the Contractor and the Streets Department is required. The Contractor shall meet with the TCS a minimum of seven (7) days prior to construction to coordinate the traffic control necessary to complete the project. In the event the project is delayed, the Contractor is required to notify the TCS a minimum of 24 hours prior to starting work again. All work shall be performed between the hours of 7:00 a.m. and 6:00 p.m., weekdays, or as directed by the City Traffic Department. STAGING AREA The Contractor is solely responsible for finding and securing a suitable staging area. The location of the staging area must be submitted and approved by the Engineer prior to use. Written authorization to use private property to store equipment and materials shall be obtained from the property owner and submitted to the Owner prior to mobilization and use. The Owner shall be allowed access to the load site at all times. The Contractor shall also submit a letter of indemnification to the Owner and the property owner. MANHOLES AND WATER VALVES Manholes & valves shall be adjusted immediately following the paving operation, using rings provided by the City, as described in Revision of Section 210, Adjust Manholes, Valve Boxes, Meter Boxes enclosed herein. WEATHER LIMITATIONS Weather limitations for work on this item shall be a minimum of 50' F, and rising. METHOD OF MIEASUREMIENT Heating and scarifying treatment will be measured by the square yard completed and accepted. Rejuvenating Agent will be measured by the gallon of actual material used in place. Project Specifications - Page I I of t2 F, 1 I 1 1 REVISION OF SECTION 405 ' HEATING AND SCARIFYING TREATMENT BASIS OF PAYMENT ' The accepted quantities of pavement recycling will be paid at the contract unit price per square yard. Payment shall include cleaning the existing pavement surface, heating, scarifying, redistributing, leveling, placing and compacting bituminous pavement. Asphalt rejuvenating agent will be paid for by the gallon used in place. Payment will be made under: Pav Item Unit 405.01 Hot -In -Place Recycling Square Yard 405.02 Rejuvenating Agent Gallon END OF SECTION I I Project Specifications - Page 12 of 12 SECTION 02500 QUANTITY ESTIMATE This work shall consist of scarification and rejuvenation of the existing asphalt surface and installation of recycled and , new asphalt material including adjustment of manholes and water valves on designated streets in the City of Fort Collins. Specific locations are described herein. 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 fumished and Work done. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference ' between the amount of Work actually performed and materials actually furnished and the estimated amount therefor. 1 1 7 1 I 11 SECTION 02500 f i QUANTITY ESTIMATE r CITY OF FORT COLLINS FROM TO 210.01 210.02 210.03 405.01 405.02 Adjust Valve Box Adjust Valve Box w/ Rin Adjust RManhole in w/ Hot -In -Place Recycling Rejuvenating Agent EA EA EA. SY GAL S SHIELDS AVE HORSETOOTH RD N SIDE HARMONY 0 10 7 36,488.00 2,919.04 S TIMBERLINE RD S SIDE HARMONY RD TRILBY RD 15 35 19 67,843.48 5,427.48 PROPOSED TOTAL UNITS 15 45 26 104,331.48 8,346.52 Page 2 of 2 I SECTION 03500 PROJECT MAPS In Order of Priority Timberline Rd: South side of Harmony Rd to Trilby Rd S. Shields St: North side of Horsetooth Rd to north side of Harmony Rd ' Cicyot 201 1 Hot -In -Place Program � Fort Collins ace Timberline Rd I 1 1 7 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 No Text ... ,..... r_ .. a. _..... .. �...-.a...A..s.. -.�.. ..:. ._ .. „ ..sue.._.. ....... _.. ...... .. 1.,..1a ..- s. _ _- _, .r ._ . _a..... ..hi.-� . SECTION 04000 EROSION CONTROL AND INLET PROTECTION ' INDEX OF EVIRONMENTAL STANDARD OPERATING PROCEEDURES (ESOP) New Construction Activities for Municipalities 1 of 2 ' Street, Curb, and Gutter Replacement and Construction 1 of 3 Street, Curb, and Gutter Maintenance 1 of 3 ' Spill Prevention and Response 1 of 4 Utility and Storm Sewer System Maintenance 1 of 4 ' Utility and Storm Sewer System Replacement and Construction 1 of 3 Power Washing 1 of 2 ' Vehicle Fueling 1 to 3 ' Outdoor Fleet Maintenance Heavy Equipment and Vehicle Maintenance 1 of 4 1 of 4 1 I `�----1 - New Construction Activities for For More Information Name Municipalities Address City, State Description Phone This fact sheet covers new construction activities disturbing less e-mail than one acre not subject to a CDPS Construction permit. New Possible Pollutants construction includes, but is not limited to buildings, structures, capital improvements, roadways, and recreational components Sediment such as trails, restrooms, and other structures. Procedures Chemicals provided are general in nature and can be applied to any scale i Organics or type of municipal construction. Trash When services are contracted, this written procedure should be Good Housekeeping provided to the contractor so they have the proper operational Waste Management procedures. In addition, the contract should specify that the Employee/Contractor Training contractor is responsible for abiding by all applicable municipal, state, and federal codes, laws, and regulations. Proper Cleanup and Disposal Procedures Procedures Related Procedures Obtain all applicable federal, state, and local permits for Heavy Equipment and Vehicle construction projects. Maintenance • The Colorado Stormwater Construction General Parks and Open Space permit applies to construction sites disturbing one Maintenance acre or more, or less than one acre but part of a larger Spill Prevention and Response common plan of development. Street, Curb, and Gutter Replacement and A larger common plan of development is defined as a Construction contiguous area where multiple separate and distinct Utilities and Storm Sewer construction activities may be taking place at System Replacement and different times on different schedules under one Construction plan. Vehicle Fueling ■ A dewatering permit may be required if construction activities require the removal and discharge of groundwater offsite. ■ A U.S. Army Corp of Engineers (USACE) Section 404 Permit may be needed if the work will be conducted in or impact waters of the United States, including wetlands, washes, drainages, ditches, creeks, streams, and rivers. Applicable sediment and erosion controls maybe installed, such as inlet protection, silt fence, sediment traps, erosion control logs, check dams, and vehicle tracking control. Sediment and erosion controls will be Page 1 of 2 I ' . installed and maintained in accordance with approved design criteria and/or industry standards. ' . Material stockpiles will not be stored in stormwater flow lines. Temporary sediment control will be used during temporary, short-term placement while work is actively occurring. Where feasible, grading activities should be scheduled during dry weather. • Best management practices will be periodically inspected and maintained as necessary. t . Waste containment for concrete washout, masonry, paint, trash and other potential pollutants will be available when these activities are being conducted. • Where practicable, non-structural controls will be used, such as phased construction, dust ' control, good housekeeping practices, and spill prevention and response. Employee Training ' . Train applicable employees who perform new construction activities on this written procedure. Information regarding how to avoid and report spills will be presented during the training. ' . Periodically conduct refresher training on the SOP for applicable employees who perform new construction activities. ' Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. ' References City of Centennial SOP: New Construction SOP, August 2007. ' Mesa County, Municipal Operations and Maintenance Program, July 2005. 1 I Page 2 of 2 1 Street, Curb, and Gutter ` For More Information Name Replacement and Address Construction City, State _ ( Phone Description e-mail Procedures involving the replacement and Possible Pollutants I construction of streets, curbs, and gutters have the ' Fine-grained sediment potential to impact stormwater quality. Materials Organics involved in these activities should be used efficiently and disposed of properly. Oil Saw -cut slurry When services are contracted, this written procedure Trash should be provided to the contractor so they have the Good Housekeeping proper operational procedures. In addition, the contract should specify that the contractor is Dumpster/Waste Management responsible for abiding by all applicable municipal, Employee/Contractor Training state, and federal codes, laws, and regulations. Proper cleanup and disposal procedures Procedures Dry cleaning methods General Related Procedures . Obtain all applicable federal, state, and local Spill Prevention and Response permits for construction projects. Street Sweeping The Colorado Stormwater Construction Street Sweeper Cleaning and General permit applies to construction sites Waste disturbing one acre or more, or less than one Street, Curb and Gutter acre but part of a larger common plan of Maintenance development. ■ A larger common plan of development is defined as a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan. • A dewatering permit may be required if construction activities require the removal and discharge of groundwater offsite. ■ A U.S. Army Corp of Engineers (USACE) Section 404 Permit may be needed if the work will be conducted in or impact waters of the United States, including wetlands, washes, drainages, ditches, creeks, streams, and rivers. Page 1 of 3 I • Applicable sediment and erosion controls may be installed, such as inlet protection, silt fence, sediment traps, erosion control logs, check dams, and vehicle tracking control. Sediment and erosion controls will be installed and maintained in accordance with approved design criteria and/or industry standards. • When saw cutting, ensure that no slurry enters the storm drain. Let the slurry dry, sweep it up, and properly dispose of the sweepings or vacuum while saw cutting. • Do not perform concrete or asphalt paving work during wet conditions whenever possible. • Monitor construction equipment for leaks and use drip pans as necessary. • Leaking material containers should be properly discarded and replaced. • Store materials in containers under cover when not in use and away from any storm drain inlet. Wash out mixers, delivery trucks, or other equipment in the designated concrete washout area only. • Locate concrete washout, portable toilets, and material storage away from storm O drain inlets. Material stockpiles will not be stored in stormwater flow lines. Temporary sediment control will be used during temporary, short-term placement while work 8 is actively occurring. • Sweep or vacuum the roadway as needed, during construction and once construction is complete. Best management practices will be periodically inspected and maintained as necessary. • Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response procedures. aWhere practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and O response. Bridge Construction • Do not transfer or load any materials directly over waterways. • Suspend drop cloths or nets below any bridgework where wastes, scraps, or drips might be spilled into a waterway. Concrete Work ' • Minimize the drift of chemical cure on windy days by using the curing compound sparingly and applying it close to the concrete surface. ' • Ensure there is a concrete truck washout area available or require the contractor to wash out at the batch plant. • Whenever possible, recycle concrete rubble; otherwise, dispose of it as solid waste. Asphalt Work Control the placement of road base or asphalt used in embankments or shoulder backing; do not allow these materials to fall into any storm drain or watercourses. Whenever possible, recycle asphalt. If recycling is not possible, dispose of as solid waste. Painting and Striping • If possible, schedule painting and striping projects during dry weather. • Use thermoplastic or epoxy markings in place of paint whenever feasible. • Use care to prevent splashing or spilling of any liquid material. Follow the Spill Prevention and Response procedure should a spill occur. Employee Training Train applicable employees who perform street, curb, and gutter construction on this written procedure. Information regarding how to avoid and report spills will be presented during the training. Periodically conduct refresher training on the SOP for applicable employees who perform street, curb, and gutter construction. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References City of Centennial, Department of Public Works: Asphalt and Concrete Program, No Date. City of Centennial, Department of Public Works: Asphalt Program, No Date. PACE, Stormwater Best Management Practices: Street Maintenance, No Date. Optional Additional Resources Concrete truck washout BMP specifications. Gravel road maintenance procedures. For More Information Name Address City, State Phone ie-mail Possible Pollutants 1 Fine-grained sediment Organics Oil ' Saw -cut slurry Trash ' Good Housekeeping Dumpster/Waste Management Employee/Contractor Training Proper cleanup and disposal procedures Dry cleaning methods Related Procedures Spill Prevention and Response Street Sweeping ' Street Sweeper Cleaning and Waste 1 Street, Curb, and Gutter Maintenance Description Street, curb, and gutter activities include concrete and asphalt installation, maintenance, repair, and replacement; bridge maintenance; and painting and striping. Procedures involving the maintenance of streets, curbs, and gutters have the potential to impact stormwater quality. Materials involved in these activities should be used efficiently and disposed of properly. When services are contracted, this written procedure should be provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the contractor is responsible for abiding by all applicable municipal, state; and federal codes, laws, and regulations. Procedures General • Protect storm drain inlets and drains with curb socks, rock berms, inlet protection, or drain covers/mats prior to any maintenance activity. • When saw cutting ensure that no slurry enters the storm drain, let the slurry dry, sweep it up, and properly dispose of the sweepings. • Do not perform concrete or asphalt patch work during wet conditions whenever possible. • Leaking material containers should be properly discarded and replaced. • Store materials in containers under cover when not in use and away from any storm drain inlet. • Monitor equipment for leaks and use drip pans as necessary. • Sweep or vacuum the roadway once maintenance activities are complete. Bridge Maintenance • Do not transfer or load any materials directly over waterways. Secure lids and caps on all containers when on bridges. • Suspend drop cloths or nets below any bridgework where wastes, scraps, or drips might be spilled into a waterway. Concrete Maintenance Minimize the drift of chemical cure on windy days by using the curing compound sparingly and applying it close to the concrete surface. • Ensure there is a concrete truck washout area available or require the contractor to wash out at the batch plant. • Whenever possible, recycle concrete rubble; otherwise, dispose of it as solid waste. Asphalt Maintenance • Sweep to minimize sand and gravel from new asphalt from getting into storm drains, streets, and creeks. • Do not allow asphaltic concrete grindings, pieces, or chunks used in embankments or shoulder backing to enter any storm drain or watercourses. Apply temporary perimeter controls. Install silt fence until the structure is stabilized or permanent controls are in place. Whenever possible, recycle broken asphalt. If impossible, dispose of as solid waste. Drainage inlet structures shall be covered with inlet protection during application of seal coat, tack coat, slurry seal, and/or fog seal. Painting and Striping If possible, schedule painting and striping projects during dry weather. • Use thermoplastic or epoxy markings in place of paint whenever feasible. • The pre -heater for thermoplastic striping and the melting tanks used during pavement marking must be filled carefully to prevent splashing or spilling of materials. Leave 6 inches at the top of pre -heater and the melting tanks to allow room for material to move and splash when vehicles are deadheaded. Employee Training Train applicable employees who perform street, curb, and gutter maintenance on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform street, curb, and gutter maintenance. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References City of Centennial, Department of Public Works: Asphalt and Concrete Program, No Date. City of Centennial, Department of Public Works: Asphalt Program, No Date. PACE, Stormwater Best Management Practices: Street Maintenance, No Date. Optional Additional Resources Concrete truck washout BMP specifications. Gravel road maintenance procedures. u I I I SECTION 00610 PERFORMANCE BOND s�Bond No. �7 KNOW ALL MEN BY THESE PRESENTS: that ' (Firm) Oct t.0 re- loelfla4d1/!9, (Address) %Z I �QST- r9% 'e i9-Ct��vi!/�� IT'S (an Individual), (a Partnership,, (a Corporation), hereinafter referred to as the "Principal" and i614i���Rv F/R/� �'v•s�/��9 ��C �J/�4�j 090'of 5y/uW4�-O, /fin 7c R a.Po, a�6; 6 (Firm) _ (Address):- t hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal t sum of Two Hundred Ninety Seven Thousand Three Hundred Eighty Five and Fifty Cents ($297,385.50) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. tTHE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered -into a certain Agreement with the OWNER, dated the 11'h day of May, 2011, a ' copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 6077 Hot In Place Recycling Project 2011 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. ' PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the ' Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or ' to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the ' Rev10120/07 Section 00610 Page 1 For More Information Name I Address City, State Phone e-mail jPossible Pollutants 1 Chemicals 1 Toxics Oil Paint I Fuel Good Housekeeping Spill Prevention and Response Description Due to the type of work and the materials involved, many activities that occur either at a municipal facility or as part of municipal operations have the potential for accidental spills. Some municipal facilities operate under Spill Prevention Control and Countermeasures (SPCC) plans that include procedures for spill response. Proper spill response planning and preparation enables employees and contractors to effectively respond to problems and minimize the discharge of pollutants to the storm sewer system. Waste Management When services are contracted, this written procedure Employee/Contractor Training should be provided to the contractor so they have the proper operational procedures. In addition, the contract Proper cleanup and disposal should specify that the contractor is responsible for procedures abiding by all applicable municipal, state, and federal Related Procedures codes, laws, and regulations. Fertilizer, Pesticide, and Herbicide Application Procedures Heavy Equipment and Vehicle Spill Prevention Maintenance Keep work areas neat and well organized. Material Storage Materials Management • Maintain a Material Safety Data Sheet (MSDS) for each hazardous chemical. Follow the Outdoor Outdoor Vehicle Maintenance Material Storage procedures. Vehicle Fueling Provide tight fitting lids for all containers. Keep containers clearly labeled. Labels should provide name and type of substance, stock number, expiration date, health hazards, handling suggestions, and first aid information. Store containers, drums, and bags away from direct traffic routes to prevent accidental spills. Inspect storage containers regularly for signs of leaking or deterioration. Replace or repair leaking storage containers. Use care to avoid spills when transferring materials from one container to another. Page 1 of 4 I • Use powered equipment or get assistance when moving materials to and from a storage area. Use care to prevent puncturing containers with the equipment. Do not wash down or hose down any outdoor work areas or trash/waste container ' storage areas except where wash water is captured and discharged into the sanitary sewer (if approved). ' • Conduct periodic inspections to ensure that materials and equipment are being handled, disposed/ recycled, and stored correctly. ' • Provide adequate spill kits or lockers with sufficient equipment and supplies necessary for each work area where the potential for spills or leaks exists. • Inspect each spill kit or locker regularly and after each spill response. Replace any ' spent supplies or repair any equipment that is worn or not suitable for service. • Stock adequate personal protective equipment. ' Spill Response Safety ' Consider safety at all times. Anticipate and avoid all likely hazards. Never approach, contact, or sample an unknown substance. If a highly toxic or flammable substance is discovered, staff should leave the immediate area and contact the appropriate identified response authority, such as the fire department. If there is any question about a substance, contact the appropriate identified response authority or other designated representative. Procedures ' • Stop the leading edge of the spill. Block or divert the spill to avoid discharge to the storm sewer system and to minimize the area requiring cleanup. • Determine the source of the spill and stop the spill at its source by closing a valve, ' plugging a leak, or setting a container upright. Transfer material from a damaged container. ' • Identify the material and volume spilled. Contact the appropriate identified response authority or other designated representative if you cannot identify the material and its properties. • Refer to the MSDS to determine appropriate personal protective equipment, such as gloves and safety glasses and appropriate cleanup methods. • Clean up spills immediately to prevent spreading of wastes by wind, rain, and ' vehicle traffic and potential safety hazards. • Use sand absorbents or socks, pillows, or pads to quickly capture spilled liquid and properly dispose of all clean-up materials. Use dry clean-up methods only. Complete all necessary reports. Page 2 of 4 L� Spill Reporting • A spill of any chemical, oil, petroleum product, or sewage that enters waters of the state of Colorado (that include surface water, ground water, and dry gullies and storm sewers leading to surface water) must be reported immediately to the Colorado Department of Public Health and Environment. • Release of a substance into a storm drain, or onto a parking lot or roadway as part of a storm sewer leading to surface water, is reportable. However, if the material can be contained and cleaned within the storm sewer system to the degree that a subsequent flow in the storm sewer will not flush the substance to waters of the State, it may not need to be reported. • Contact the appropriate identified response authority within the municipality or other designated representative and be prepared to provide details needed to report the spill to the necessary agencies. • Detailed spill reporting guidance can be found at http:/ / www.cdphe.state.co.us/op/wgcc/Resources/Guidance/spillguidance.pdf and http://www.cdphe.state.co.us/hm/sl2illsandreleases.htm Employee Training Train applicable employees who perform spill prevention and response on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform spill prevention and response activities. Records The following records could be used to document activities performed: Records of any major spills and the action taken. • Records of employee training with sign -in sheet. References Cihj of Centennial, Department of Public Works: Good Housekeeping, No Date. Cihj of Centennial, Department of Public Works: Materials Management, No Date. Cihj of Centennial, Department of Public Works: Spill Prevention and Control, No Date. City of Golden, Stornaoater Quality Pollution Prevention Guide for Municipal Operations: Parks Department Golf Course, January 2004. City of Lafayette, Spill Clean Up, No Date. Colorado Department of Public Health and Environment, Environmental Spill Reporting, January 2009. ' Mesa County, Municipal Operation and Maintenance Program, July 4, 2005. USEPA Menu of BMP: Spill Response and Prevention, ' cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed July 5, 2009. 1 1 For More Information Name Address City, State Phone e-mail Possible Pollutants Sediment Nutrients Metals Hydrocarbons Trash Good Housekeeping Waste Management Employee/Contractor Training Proper Cleanup and Disposal Procedures Related Procedures Heavy Equipment and Vehicle Maintenance Parks and Open Space Maintenance Spill Prevention and Response Street, Curb, and Gutter Replacement and Construction Utilities and Storm Sewer System Replacement and Construction Vehicle Fueling I Utility and Storm Sewer System Maintenance Description This procedure addresses utility and storm sewer system maintenance. Utilities include power, sanitary sewer, water conveyance systems, and the storm sewer system. Power includes electrical and gas utilities. Maintenance of power may require excavation and reinstallation of lines including open cut trenching or directional boring in landscaped areas or street right of way. Electrical and gas line maintenance ensures services are provided to businesses and households without interruption. The sanitary sewer system is cleaned as part of routine maintenance and on an emergency basis. Without proper maintenance, sanitary sewer back-ups and overflows may occur and can result in potential property damage and significant health concerns if not properly managed. Water conveyance systems are flushed and pressure tested as part of routine maintenance. Potable water systems must be properly maintained to ensure delivery of water that meets State and Federal health standards. Failures result in water main breaks that can cause property damage including erosion. The storm sewer system is cleaned as part of routine maintenance and on an emergency basis in the event of flooding. Maintenance will remove pollutants and ensure the system functions properly to avoid flooding. Flooding, ponding, and uncontrolled sheet flow can result in property damage and increased soil erosion. When services are contracted, this written procedure should be provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the contractor is responsible for abiding by all applicable municipal, state, and federal codes, laws, and regulations. Page 1 of 4 1 ' Procedures General ' . Conduct routine inspection and maintenance on utility and storm sewer systems. Where feasible, schedule maintenance activities during dry weather. '0 Monitor the jet/vacuum truck closely for leaks and use a drip pan as needed. Wash and fuel the jet/vacuum truck per the Heavy _ Equipment/ Vehicle Maintenance procedure. '0 Properly dispose of vac truck contents. Stay alert for any signs of illicit discharges. This includes "dry weather" flows or ' pipes or hoses emptying directly into waterways or the storm sewer system. Report any suspicious discharges or dumping to your supervisor. ' Electrical and Gas Utility Maintenance To prevent sediment, mud and particles generated by power utility maintenance from entering the stormwater system implement inlet protection, perimeter ' control, street sweeping, vehicle tracking control, stockpile management and material management BMPs. 'a Restore landscaped or hardscaped areas promptly. Potable Water Line Flushing • Remove any debris from the gutter that could wash away with the water. If ' possible, sweep the flow line before flushing the line. • Direct the water so that it is not flowing over exposed soil areas in order to minimize erosion. Water Line Breaks • Contain spoils by building berms or installing rock socks around the area of disturbance. Dewater the excavation by using a vac truck. ' . Discharge high chlorine water to the sanitary sewer via the nearest manhole, to a water truck, through a dechlorinating diffuser, or other method of dechlorination. Remove sediment from the street, curb, gutter and storm inlets as needed immediately following the repair. Where needed, install a temporary patch or repave as soon as practicable following ' the repair. If necessary, revegetate areas as soon as practicable following the repair. ' Sanitary Sewer Backup Clear line stoppage to prevent backup into house basements and manhole overflows. Page 2 of 4 • Contain overflows by using emergency generator, pump and/or a vac truck to intercept flows. It may be necessary to construct additional containment. • Clean up spills by washing and vacuuming the affected areas. Lime may need to be applied for disinfection of affected areas. Lime must be removed once disinfection is complete. Storm Sewer System Pipes, Catch Basins, Inlet and Outlet Structures, and Culverts • Clean storm sewer system by manual cleaning or jetting the pipes using a jet/vacuum truck to remove the material. • Do not temporarily store collected storm system cleaning debris adjacent to any surface water, storm drain inlet, or drainageway. • Storm sewer system maintenance wastes may be either non -hazardous or hazardous Solid non -hazardous waste may be disposed in a sanitary landfill or recycled. Liquid non -hazardous waste must be evaporated before disposing of it into the landfill or discharged to the sanitary sewer system with the approval of the local wastewater treatment plant. Hazardous waste, as defined under Colorado Hazardous Waste Regulations (6 CCR 1007-3), must be transported and disposed of at a permitted disposal or treatment facility. • Replace or maintain "no dumping" stencils or plaques as necessary. • Remove trash from trash racks and grated openings. Detention and Retention Ponds • Inspect the outlet works and remove trash or vegetation from the trash racks and grates. • Inspect side slopes of the pond for erosion and reestablish vegetation as needed. • Remove and service fountains and aerator motors as recommended. • Report any suspected water quality problems such as a change in growth or appearance of vegetation. • Report excessive sediment accumulation, standing water beyond the designed drain down time or damage requiring additional maintenance. Drainageways Drainageways include drainage channels, ditches, grass swales, and washes. • . Inspect drainageways for erosion and repair if necessary. • Remove and properly dispose of trash and debris from the drainageways. Remove sediment which could impede flow in drainageways. • Leave an unmown buffer when mowing adjacent to drainageways to filter pollutants. Do not leave grass clippings in or next to the drainageway. Do not apply landscape chemicals in the buffer area. Page 3 of 4 [1 Employee Training • Train applicable employees who perform utility and storm sewer system activities on this written procedure. Information regarding how to avoid and report spills will be presented during the training. Periodically conduct refresher training on the SOP for applicable employees who perform utility and storm sewer system activities. Records ' The following records could be used to document activities performed: • Records of employee training with sign -in sheet. ' References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. ' City of Centennial SOP: Detention Pond Maintenance SOP, August 2007. City of Centennial SOP: Inlet, Pipe, and Vault Cleaning and Disposal SOP, August 2007. ' City of Centennial SOP: Drainageway Maintenance SOP, August 2007. City of Golden Stornnoater Drainage Maintenance Plan, February 2008. ' City of Greeley, Department of Public Works: Storm Water Drainage Program, January 2008. City of Greeley, Department of Public Works: Ditch Program, No Date. City of Lafayette Standard Operating Procedure: Ditch Cleaning, March 2009. ' City of Lafayette Standard Operating Procedure: Cleaning Storm Drain System, March 2009. City of Lafayette Standard Operating Procedure: Manhole Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Potable Line Flushing, March 2009. City of Lafayette Standard Operating Procedure: Sanitary sezuer Backup, March 2009. City of Lafayette Standard Operating Procedure: Waterline Breaks, March 2009. Mesa County, Municipal Operations and Maintenance Program, July 2005. ' Partners for a Clean Environment, Storm Drain Maintenance, No date. Optional Additional Resources Municipal codes and ordinances that relate to utility or storm sewer system maintenance. Inspection and maintenance frequency plan for the storm sewer system. Specific instructions on how to operate applicable equipment. Instructions on how to track the amount of debris collected. ' Treated Water Discharge Plans for potable water maintenance. Page 4 of 4 1 ' Utilityand Storm Sewer j For M ForMoror e Information Name System Replacement and Address Construction City, State Phone + e-mail Description This procedure covers utility and storm sewer system Possible Pollutants replacement and construction. Utilities include power, Sediment storm sewer, sanitary sewer, water conveyance systems. Chemicals ' When services are contracted, this written procedure Organics E should be provided to the contractor so they have the Trash proper operational procedures. In addition, the contract Good Housekeeping should specify that the contractor is responsible for abiding by all applicable municipal, state, and federal Waste Management codes, laws, and regulations. Employee/Contractor Training ; Proper Cleanup and Disposal Procedures Procedures General Related Procedures Obtain all applicable federal, state, and local Heavy Equipment and Vehicle permits for construction projects. Maintenance Parks and Open Space The Colorado Stormwater Construction Maintenance General permit applies to construction sites Spill Prevention and Response disturbing one acre or more, or less than one acre but part of a larger common plan of Street, Curb, and Gutter development. Replacement and Construction A larger common plan of development is Utilities and Storm Sewer defined as a contiguous area where multiple System Replacement and separate and distinct construction activities Construction may be taking place at different times on Vehicle Fueling different schedules under one plan. • A dewatering permit may be required if construction activities require the removal and discharge of groundwater offsite. ■ A U.S. Army Corp of Engineers (USACE) Section 404 Permit may be needed if the work will be conducted in or impact waters of the United States, including wetlands, washes, drainages, ditches, creeks, streams, and rivers Page 1 of 3 Applicable sediment and erosion controls may be installed, such as inlet protection, silt fence, sediment traps, sediment control logs, check dams and vehicle tracking control. Sediment and erosion controls will be installed and maintained in accordance with approved design criteria and / or industry standards. ' . When saw cutting, ensure that no slurry enters the storm drain. Let the slurry dry, sweep it up, and properly dispose of the sweepings or vacuum while saw cutting. Where feasible, grading activities will be scheduled during dry weather. Do not perform concrete or asphalt paving work during wet conditions whenever possible. ' . Monitor construction equipment for leaks and use drip pans as necessary. Leaking material containers should be properly discarded and replaced. ' . Store materials in containers under cover when not in use and away from any storm drain inlet. ' Wash out mixers, delivery trucks, or other equipment in the designated concrete washout area only. Locate concrete washout, portable toilets, and material storage away from storm ' drain inlets. Material stockpiles will not be stored in stormwater flow lines. Temporary sediment control will be used during temporary, short-term placement while work ' is actively occurring. Sweep or vacuum the roadway as needed, during construction and once construction is complete. Best management practices will be periodically inspected and maintained as necessary. Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response procedures. Emergency Repair and Replacement Emergency Discharges are defined as situations in which it is not possible to implement all of the available BMPs due to the uncontrolled nature of the discharge. The primary focus during these events is to identify and mitigate the cause as soon as possible. Clean up of resulting sediment or other pollutants will be performed as soon as practicable following the emergency. ' Refer to the Spill Prevention and Response procedure for reporting requirements. Page 2 of 3 1 i CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this/I day of/% Oj, 20'Z�1. IN SENCEOjF: l� II , (Corporate Sea!) IN PRESENCE OF: Principal 1 1 1 (Title) 921 E 27th St Lawrence, KS OW46 4917 (Address) ' Other Partners By: ' By: IN P SENCE OF: Surety ' /74,7e, /I/�� .v5 �sr 4 is s L �Q'27 BY '7 By: S JTTry�N�£ /%�/$S/ON �S li��� (Address) ad Surety Seal) ghC2cvl�r�/77/ssio.v,/�-S (O�� ' NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Rev 10/20/07 Section 00610 Page 2 1 1 Employee Training • Train applicable employees who perform utility replacement and construction activities on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform utility replacement and construction activities. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Detention Pond Maintenance SOP, August 2007. City of Centennial SOP: Inlet, Pipe, and Vault Cleaning and Disposal SOP, August 2007. City of Centennial SOP: Drainageway Maintenance SOP, August 2007. City of Golden Stornaoater Drainage Maintenance Plan, February 2008. City of Greeley, Department of Public Works: Storm Water Drainage Program, January 2008. City of Greeley, Department of Public Works: Ditch Program, No Date. City of Lafayette Standard Operating Procedure: Ditch Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Cleaning Storm Drain System, March 2009. City of Lafayette Standard Operating Procedure: Manhole Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Potable Line Flashing, March 2009. City of Lafayette Standard Operating Procedure: Sanitary sezoer Backup, March 2009. City of Lafayette Standard Operating Procedure: Waterline Breaks, March 2009. Mesa County, Municipal Operations and Maintenance Program, July 2005. Partners for a Clean Environment, Storm Drain Maintenance, No date. Page 3 of 3 ' City of Fort Collins Regulatory and Government Affairs Division City of Fort Cottins Verification Initials Date Originator Revised Approved. Issued LR Oct.09 ss 10/19109 Environmental Standard Operating Procedure (ESOP) ' ESOP —Power Washing (Pressure Washing) wastewater [I Persons who will City staff who perform power washing, and their supervisor/manager. use this ESOP: A variety of City departments perform power washing. The employee Area of who power washes, and his/her supervisor/manager, will use the application: information in this SOP to guide their power washing, and supply purchasing, activities. Document I:\RGA Division\SOPs\ESOPs location: Revisions Rev. Date No. Description 001 002 Procedure Index 1.0 Purpose 2.0 Scope 3.0 Process 4.0 Training Requirements 5.0 References/Related Documents 6.0 Records Revision date: 10/19/2009 Page 1 of 3 City of Fort Collins Regulatory and Government Affairs Division City of F6rt Collins Verification Initials Date LOngmator Revised Approved Issued LR Oct.09 ss 10/19109 Environmental Standard Operating Procedure (ESOP) ESOP —Power Washing (Pressure Washing) wastewater 1.0 Purpose The purpose of this ESOP is to describe the appropriate methods of handling power washing wastewater. 1.1 2.0 Scope 2.1 The scope of this ESOP is limited to the description of the allowable methods of the disposal of power washing wastewater and the protection of the storm drainage system; the scope does not include specifics on how to power wash. 3.0 Process 3.1 Power washing wastewater must be prevented from running uncontrolled in the City's storm water system. The system includes streets, inlets, gutters, ponds, creeks, ditches, and the Poudre River. During the power washing activity, ensure the wastewater is controlled by the utilization of the natural slope of the land, or barriers such as inlet covers. Use of barriers on an impermeable surface also requires that the wastewater be vacuumed, collected, and disposed of properly. 3.2 General pollution prevention procedures: A. Use dry methods for surface pre -cleaning, such as using absorbent on small oil spots and sweeping up trash, debris, dirt, and used absorbent before power washing. B. Minimize the amount of water used during power washing activities. C. Avoid using cleaning products that contain hazardous substances (e.g., hydrofluoric acid, muriatic acid, sodium hydroxide, bleach) that can turn wastewater into hazardous waste. 3.3 Prior to power washing, decide on one of the following methods of disposal: D. Landscape --power washing wastewater may be discharged to landscaped areas if the materials used and the material removed are not harmful to vegetation, there is no ponding, and there is no uncontrolled runoff to the stormwater system. E. Wastewater treatment system-- As long as the collected wastewater does not have an oil sheen, has a pH between 5 and 11, and does not contain any hazardous or toxic substances, the wastewater may be disposed of into the City's wastewater treatment system. 1. If you add anything to the wash water (ie—a cleaning agent) or if you have questions about the content of your power washing wastewater, Revision date: 10/19/2009 Page 2 of 3 1 I 1 1 1] City of Fort Collins ' Regulatory and Government Affairs Division Cftyof F6rtCollins _�� Verification Initials Date Originator Revised Approved Issued LR Oct.09 ss 10/19109 Environmental Standard Operating Procedure (ESOP) ' ESOP —Power Washing (Pressure Washing) wastewater 1 1 1 �I please contact the industrial pretreatment office at 221-6938. 2 . Disposal into the City's wastewater treatment system may be done either by discharging directly to an inside drain, or by pump truck at the Drake wastewater treatment facility. Disposing by pump truck requires a waste hauler's permit, and a 5 cent/gallon fee will be charged. For fee information, or to obtain a permit, contact the industrial pretreatment office at 221-6938. F. Truck the waste to a different waste disposal facility. 3.4 Once wastewater has been collected, visible solids remaining in the collection area must be swept up to prevent future discharges to the storm drain. 3.5 A sewer manhole cover may not be removed for disposal to the wastewater system. 3.6 If you are working in an area that is serviced by a neighboring wastewater district, such as South Fort Collins Sanitation or Boxelder, it is necessary to contact that district's industrial pretreatment coordinator before discharging to their system. 4.0 Training Requirements 4.1 The training requirement associated with this procedure is knowledge of the proper management of power washing wastewater. 5.0 References / Related Documents 5.1 http://www.cdphe.state.co.us/wq/PermitsUniUPolicyandGuidance/powerwash.pdf 5.2 I:\RGA division\Illicit Discharge Program\Complaint Calls\pressure washinq\City power washing guidance.pdf 6.0 Records 6.1 The following records could be used to document activities performed: • Records of employee training with sign -in sheet. • List of power washing activities and departments responsible for conducting power washing. ' Revision date: 10/19/2009 Page 3 of 3 1 For More Information Name Address. City, State Phone e-mail j Possible Pollutants i Metals Hydrocarbons i Toxins Good Housekeeping Drip pans Secondary containment Automatic shutoff nozzles Signs Spill response plans Spill cleanup materials Dry cleanup methods Employee training Related Procedures Heavy Equipment/Vehicle Maintenance Outdoor Fleet Maintenance Spill Prevention and Response 1 Vehicle Fueling Description Spills of gasoline and diesel fuel on the ground or on vehicles during fueling can wash into a storm drain and cause water pollution. When services are contracted, this written procedure should be provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the contractor is responsible for abiding by all applicable municipal, state and federal codes, laws, and regulations. Procedures General Fuel vehicles at approved locations (municipal fueling station or offsite fueling station). • Provide spill kits near the municipal fueling location. ' • If fuel is stored in an above -ground tank, store fuel in enclosed, covered tanks with secondary containment (e.g., concrete barrier or double -walled tanks). ' • All fuel tanks will be inspected per State and Federal regulations. • Periodically inspect municipal fueling locations for the following: ■ For above -ground tanks, inspect tank foundations, , connections, coatings, tank walls, and piping systems. Look for corrosion, leaks, cracks, scratches, and other physical damage that may , weaken the tank. • Check for spills and fuel tank overfills due to operator error. , • Clean up any leaks or drips. Clean up is not completed until the absorbent is swept up and disposed of properly. ' • Report leaking vehicles to fleet maintenance. Page 1 of 3 ' Vehicle Fueling • Follow all posted warnings. ' • Ensure that the nozzle is properly inserted in the filler neck of the vehicle before dispensing any fuel. • Remain by the fill nozzle while fueling to ensure the nozzle stays in place. ' • Do not top off the tank of the vehicle once the nozzle has shut off the fuel. • Follow the procedures outlined in the Spill Prevention and Response Procedure to ' respond to any leaks or spills. • Clean fuel dispensing areas with absorbent material. ' • Never use water to clean up a spill. Mobile Fuel Truck ' • Provide inlet protection (e.g., berms, weighted inlet covers) for nearby storm drain inlets when transferring fuel and fueling a vehicle. • Use secondary containment when transferring fuel from the tank truck to the fuel tank. ' All gas cans must be placed in the secondary containment box/ pan and remain on the ground when fueling. • Use a funnel to transfer fuel to vehicles and equipment. After the transfer is complete, the funnel should be dried with a rag or placed in a container to avoid dripping fuel on the ground. ' Employee Training • Train applicable employees who fuel vehicles on this written procedure. Information regarding how to avoid and report spills will be presented during the training. ' . Periodically conduct refresher training on the SOP for applicable employees who fuel vehicles. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. ' References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version t 1.0, September 2008. City of Centennial SOP: Vehicle Fueling, August 2007. ' City of Lafayette Standard Operating Procedure: Vehicle and Equipment Fueling, March 2009. Mesa County, Municipal Operation and Maintenance Program, July 4, 2005. USEPA Menu of BMPs: Municipal Vehicle Fueling, ' cfpub.epa.gov/npdes/stormwater/menuotbmps/, accessed June 18, 2009. Page 2 of 3 1 Optional Additional Resources Municipal codes and ordinances that relate to vehicle fueling. Locations of approved offsite fueling stations. Locations of nearby spill kits. Spill Prevention Control and Countermeasures Plan. Page 3 of 3 0 For More Information Name Address City, State Phone . e-mail Possible Pollutants Metals Toxins Solvents (degreasers, paint thinners, etc.) Antifreeze Brake fluid and brake pad dust Battery acid I Motor oil Fuel (gasoline, diesel, kerosene) t Lubricating grease Good Housekeeping Drip pans Tarps Covered outdoor storage areas Secondary containment Proper disposal of used fluids Spill cleanup materials Dry cleanup methods Employee training Related Procedures Material Storage Outdoor Fleet Maintenance Spill Prevention and Response Street Sweeper Cleaning and Waste Vehicle Fueling Vehicle Washing Heavy Equipment and Vehicle Maintenance Description Regular maintenance of municipal vehicles and equipment, or municipality -contracted vehicles and equipment prolongs the life of the municipality's assets and prevents the leaking of hazardous fluids commonly associated with normal wear and tear of vehicles and equipment. Potential pollutants generated at vehicle maintenance facilities include oil, antifreeze, brake fluid and cleaner, solvents, batteries and fuels. When services are contracted, this written procedure should be provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the contractor is responsible for abiding by all applicable municipal, state, and federal codes, laws, and regulations. Procedures Maintenance activities should be performed inside a maintenance building unless the equipment is too large to fit inside or temporary repairs need to be made before the equipment can be moved to the maintenance building. Consult the Outdoor Fleet Maintenance procedure when it is necessary to perform repairs outside of the facility (breakdowns, service calls, etc.). Vehicle Storage Monitor vehicles and equipment closely for leaks and use drip pans as needed until repairs can be performed. • When drip pans are used, check frequently to avoid overtopping and properly dispose of fluids. • Drain fluids from leaking or wrecked vehicles and from motor parts as soon as possible. Dispose of fluids properly. ' Page 1 of 4 Vehicle Maintenance • Conduct routine inspections of heavy equipment and vehicles to proactively identify potential maintenance needs. • Perform routine preventive maintenance to ensure heavy equipment and vehicles are operating optimally. • Recycle or dispose of all wastes properly and promptly. • Do not dump any liquids or other materials outside, especially near or in storm drains or ditches. Sweep and pick up trash and debris as needed. Body Repair and Painting • Whenever possible, conduct all body repair and painting work indoors. • Use dry cleanup methods such as vacuuming or sweeping to clean up all metal filings, dust, and paint chips from grinding, shaving, and sanding, and dispose of the waste properly. Debris from wet sanding can be allowed to dry overnight on the shop floor, then swept or vacuumed. Never discharge these wastes to the storm or sanitary sewer system. • Minimize waste from paints and thinners by carefully calculating paint needs based on surface area and using the proper sprayer cup size. • Do not use water to control over -spray or dust in the paint booth unless this wastewater is collected. This water should be treated and permission granted by the wastewater treatment plant prior to discharge into the sanitary sewer system. • Do not dispose of spray gun cleaner waste in the storm drain. • Use sanding tools equipped with vacuum capability (if available) to pick up debris and dust. Material Management • Store maintenance materials and waste containers (e.g., used oil and antifreeze) in labeled containers under cover or in secondary containment (e.g., double -walled tanks). Chemicals should not be combined in containers. • All hazardous wastes must be labeled and stored according to hazardous waste regulations. • Carefully transfer fluids from collection devices to designated storage areas as soon as possible. Do not store the transferred fluids adjacent to the containers (for example, oil drip pans with used oil in them should not be placed next to the used oil tank). • Store new batteries securely to avoid breakage and acid spills. • Store used batteries indoors or in secondary containment to contain potential leaks. Recycle used batteries. • Conduct periodic inspections of storage areas to detect possible leaks. Page 2 of 4 1 ' • Do not wash or hose down storage areas except where wash water will enter the sanitary sewer as an approved discharge. Use dry clean-up methods whenever possible. • Keep lids on waste barrels and containers, and store them indoors or under cover to reduce exposure to rain. • Periodically inspect and maintain all pretreatment equipment, including sumps, ' separators, and grease traps to ensure proper functioning. Parts Cleaning ' • Use designated areas for engine, parts, or radiator cleaning. Do not wash or rinse parts outdoors. If parts cleaning equipment is not available, use drip pans or other containment to capture parts cleaning fluids. ' • Use steam cleaning or pressure washing of parts whenever possible instead of solvent cleaning. • When steam cleaning or pressure washing, only discharge wastewater to an oil/water tseparator connected to the sanitary sewer. • When using solvents to clean parts, rinse and drain parts over the designated solvent ' tank so that fluids will not drip or spill onto the floor. Use drip boards or pans to catch excess solutions and divert them back to the tank. Allow parts to dry over the hot tank. • Recycle cleaning solution when it becomes too dirty to use. Never discharge cleaning waste to the sanitary sewer or storm sewer. Vehicle and Equipment Washing ' Vehicles should be washed in the municipality's vehicle and equipment wash area/bay or taken to a commercial car wash. ' Employee Training • Train applicable employees who perform heavy equipment and vehicle maintenance on this written procedure. Information regarding how to avoid and report spills will be presented during the training. ' • Periodically conduct refresher training on the SOP for applicable employees who perform heavy equipment and vehicle maintenance. Records The following records could be used to document activities performed: ' • Record of any major spills and the action taken. • Records of employee training with sign -in sheet. • Heavy equipment and vehicle maintenance logs 1 LI I 1 I SECTION 00615 PAYMENT BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that 3 % t,5 (F51'7 ? 1.7 ';/ (Firm) C'!/7`X v� walo .25, (Address / c�V7"4 27`7P.ry 7� '4,0q-4e)lee*/epCea �f6 (an Individual),"'("a -Partnership), (a Corporation), hereinafter referred to as the "Principal" and .!/ S (Firm) 1v90 /�S L m %�4i7C�r� Cfd"P-71,0alc (Address) ' hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of Two Hundred Ninety Seven Thousand Three Hundred Eighty Five and Fifty Cents ($297,385.50) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. ' THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 11�1 day of May, 2011, a ' copy of which is hereto.attached and made a part hereof for the performance of The City' of Fort Edllins project, 6077 Hot In Place Recycling Project 2011 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. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates ' and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on ' this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. ' PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim Rev10/20/07 Section 00615 Page 1 References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Vehicle and Equipment Storage SOP, August 2007. City of Centennial SOP: Vehicle Maintenance SOP, August 2007. City of Centennial SOP: Vehicle Washing SOP, August 2007. City of Golden. Fleet Maintenance Standard Operating Procedure, July 29, 2007. City of Lafayette Standard Operating Procedure: Vehicle and Equipment Maintenance Repair, March 2009 City of Lafayette Standard Operating Procedure: Vehicle and Equipment Washing, March 2009. Mesa County, Municipal Operation and Maintenance Program, July 4, 2005. Partners for a Clean Environment. Stormwater Protection: Vehicle Repair. Spring 2009. USEPA Menu of BMP: Municipal Vehicle and Equipment Maintenance, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009. USEPA Menu of BMP: Municipal Vehicle and Equipment Washing, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009. Optional Additional Resources Municipal codes and ordinances that relate to vehicle and equipment maintenance. Chemical purchasing policies. Loading and unloading bulk materials. Guidelines for staff to dedicate a percentage of their time to vehicle and equipment maintenance. Specific directions on how to use the municipality's vehicle wash area. Spill Prevention Control and Countermeasures Plan. Page 4 of 4 may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this day of e2L62 v 20_Lj I ENCE OF: —, Principal °�`'� , .. By: t I Presiders (Title) 921 E 27th St La+^r&M• KS 86048-4917 (Address) (Corporate Seal) , IN PRESENCE.OF: Other Partners r IN P SENCE OF: Sure t .0--jAO,f04) f-;lPr= �FS Aii' o Q d m ;e9 y By. r Jo S Gf% 7si�S� �7C�DD By. �g�f! 42 IeIC-114�1 -i n 7�t ..� XL5-S/0/U A�5 (Address) (Surety Seal) �JaS-S 9"Gw P✓"OZ5'jid;C) 4; l cJ, t NOTE: Date of Bond must not be prior to date of Agreement. I£ CONTRACTOR is Partnership, all partners should execute Bond. 1 Rev 10/20/07 1 Section 00615 Page 2 ' I t t I t l I Direct Inquiries/Claims to: POWER OF ATTORNEY P.O BTHE 3 6 0° SYLUM AVENUE HARTFORD, CONNECTICUT 06115 calk 888,2663488 or tax. 860-7575835 KNOW-ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 37-281099 Hartford Fire Insurance Company, a.corxration didy organized underthe taws of the State of Connecticut 0 Hartford Casualty. Insurance Company, a corporation duty organized under the laws oththe State of Indiana Hartford Accident and Indemnity Company, a eororaton duty organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized tmdei the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized tinder the laws.cf the Slate of Indiana Hartford insurance Company of Illinois, a corporation duty oigunrized order the laws oflhe State oftllmois Hartford insurance Company of the Mldwest„a.eorporation duly organized under the laws of the State offndiana Hartford Insurance Company of the Southeast, a corporation duly<aganized under the laws of die State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the -t;ompames I ao nereoy maKe,. consintu re anu appoim, up to the amount of unlimited; Robert B.. Fiss, Scott H. Fiss, Droste D..Milledge. Melissa. L. Ory, Patrice M. Larsen, Judith A. Page of Shawnee Mission, KS and Conya C. Hanis of Corinth, Texas their true and lawful Attomey(s}in-Fact,each in their separate capacity: if more than one is named above, to sign its name as surety(ies) only as delineated above by 0, andto execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the - nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performanceof contracts and executing or guaranteeing bonds and undertakings required or. permitted_ in any actions or proceedings allowed by law. In Witness Whereof,and asauthorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary: Further, pursuant to Resolutionofthe BoardofDirectors of the Companies,. the Companies hereby unambiguously affirm that they are and willbe bound by any mechanically applied signatures applied: to this Power of Attorney. a i amAca4�{\31\q� P " i• ,•�N, r1 o7Y t. •- f7P`r-'=\,9Tf Scott Sadowsky, Assistant Secretary ' STAVE OF CONNECTICUT 1 le( Hartford COUNTY OF.HARTFORD M. Ross Fisher. Assistant Vice President ' On this V day of March,.2008 before me personally came M. Ross Fisher, to me known, who being by me duly swom, did depose and. say: that he resides in the. County of Hartford; State of Connecticut; that he is.the Assistant Vice President of the Companies, the corporations described in and which executed, the above instrument, that he knows the seals of thesaid corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and. that he signed his. name thereto by like authority. 1 1 �� • Scuh F,. Pveka. Mtary Public CERTIFICATE my CutninkAou EgrF 00oba31. 211 12 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that a above prid foregoing is a trueand correct copy of the Power of Attorney executed by -said Companies, which instill in full force effective as of Signed and sealed at the City of Hartford.. o n e \ BYO► 11` L ,eS :1 1 iaer - i r•nNr. 1 ..,. 101170 r .9 19Tf it pa 1 i {, `k i y�g Gary W, Stumper. Assistant Vice President SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. Rev 10/20/07 Section 00630 Page 1 OP ID: SJ A`oRo' CERTIFICATE OF LIABILITY INSURANCE DAT05/17W) osn n11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). PRODUCER Fiss Insurance t 75th Street, #200 Mission, KS 66208 Cutler Repaving, Inc. Attn: Bob Veskerna 921 E. 27th Street Lawrence, KS 66046 913-396-0800 Jones 913-396-0835 CUTLE-2 Hartford Underwriters Ins Co. INSURER B: Hartford Fire Insurance Cc 291 INER c: TWIn CI Fire Insurance Co INSIIRSURFR D :Cincinnati Insurance Co. 110677 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR TR TYPE OF INSURANCE ADDL SUB POLICY NUMBER MMIDOYM/Yv MMIDDYIWI'Y LIMITS GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE lxl OCCUR X Waiver of Subro 37CQT1562 08,01,10 08,01/1, EACH OCCURRENCE $ 1,000,00 DAMA ET RENT D PREMISES Ea occunence $ 300,00 MED EXP (Any one person) $ 10,00 PERSONAL BADV INJURY $ 1,000,00 X Blkt Add'I Insd GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER. POLICY X PRO-LOC IFQT PRODUCTS - COMP/OP AGG $ 2,000,00 Emp Ben. $ 1,000,00 AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS Uninsured Motoris 37UENQT1563 08/01/10 08/01/10 08/01111 08/01/11 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,00 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ X X $ X Uninsured Mot $ 1,000,00 X UMBRELLA LIAR EXCESS LIAR X OCCUR CLAIMS -MADE CCC1152728 08/01/10 08/01111 EACH OCCURRENCE $ 5,000,00 AGGREGATE $ 5,000,00 DEDUCTIBLE RETENTION $ $ X $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N ❑ OFFICER/MEMBER EXCLUDED' (Mandatory in NH) If yes describe under DESCRIPTION OF OPERATIONS below NIA 37WEQT2118 08101/10 08/01/11 X WCSTALIMTU- OTH- TE E L. EACH ACCIDENT $ 500,00 E. L. DISEASE - EA EMPLOYEE $ 500,00 E.L. DISEASE - POLICY LIMIT $ 500,00 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Ranni Schedule, if more space is required) E: Hot In Place Recycling Pro'ect Bid No. 6077 -2011 Renewal he City of Fort Collins is Additional Insured for on -going and completed perations. Insurance is primary and Non -Contributory. Waiver of Itbrogation applies where permitted by law City of Fort Collins Purchasing Division Financial Services PO Box 580 Fort Collins, CO 80522 FORC001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHOREPRESENTATIVE 25(2009/09) ©1988.2009 ACORD The-ACORD name and logo are registered marks of ACORD All rights reserved. CONTRACT DOCUMENTS TABLE OF CONTENTS Section BID INFORMATION 00300 Bid Form CONTRACT DOCUMENTS 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 Pages 00300-1 - 00300-3 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 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 6077 Hot In Place Recycling Project PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: Cutler Repaving, Inc. CONTRACT DATE: May 11, 2011 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: Rev 10/20/07 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 20 0 TO: Cutler Repaving, Inc. Gentlemen: 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, 6077 Hot In Place Recycling Project 2011 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 May 11, 2011. In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: 1 20 . Sincerely, OWNER: Ci By: Title: ATTEST: Title: of Fort Collins Rev10120/07 Section 00640 Page 1 TO: FROM P SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) City of Fort Collins, Colorado (OWNER) Cutler Repaving, Inc. (CONTRACTOR) PROJECT: 6077 Hot In Place Recycling Project 2011 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 project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. Rev 10/20/07 Section 00650 Page 1 ' 1 1 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and 1 improvements acknowledged to which this Lien Waiver Release pertains. It is further 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. 1 Signed this day of 20 1 CONTRACTOR 1 By. Title: 1 ATTEST: 1 Secretary ' STATE OF COLORADO ) 1 )SS. COUNTY OF LARIMER ) Subscribed and sworn to before me this 20 , by Witness my hand and official seal. My Commission Expires: Rev 10/20/07 Notary Public day of Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Cutler Repaving, Inc. PROJECT: 6077 Hot In Place Recvclina Project 2011 Renewal CONTRACT DATE: Mav 11, 2011 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. Rev10120/07 Section 00660 page 1 I SECTION 00670 1 Ci 1 [1 Section 00670 Page 1 6 , CONTRACTOR APPLICATION DR 0172 (12/98) FOR COLORADO DEPARTMENT OF REVENUE , DENVER CO 80261 EXEMPTION CERTIFICATE (303) 232-2416 Pursuant to Statute Section 39-26.114(1)(a)(XIX) nn runT reroITo mi Twc cony❑ The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. 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. Registration/Account No. (to be assigned by DOR) Period 0170-750 (999) $0.00 89 - 00NTRACTOR INFORMATION Trade name/DBA: Owner, partner, orcorporate name: Mailing address (City, State, Zip): Contact Person E-Mail address: Federal Employer's Identification Number: Bid amount for your contract: $ Fax Number. ( ) Business telephone number: Colorado withholding tax account number. Copies of,contract or agreement pages (1) identifying the contracting parties 'EXEM PTION INFORMATION and (2) containing signatures of contracting parties,must!be attached.' Name of exempt organization (as shown on contract): Exempt organization's number: 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date: completion date: I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer: Date: DO NOT WRITE BELOW THIS LINE Section 00670 Page 2 ' Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors 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 contractors place of business for a minimum of three years and be available for inspection in the event of an audit. rOnce 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 succeeding 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. I I 1 1 Section 00670 Page 3 1 SECTION 00700 GENERAL CONDITIONS I GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These.'GENERAL CONDITIONS have been developed by using the STANDARD GENERAL. CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to that document are shown by underlining teat that has been added and striking through text that has been deleted. E.ICDC GENERAL. CONDITIONS 1910-3 (1990,EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (IZEV 9/99) SECTION 00300 BID FORM SECT[ON 00300 BID SCHEDULE Item No. Description Unit Contract o Quantity Unit Pries Total Cast 405.01 Hot -la -Place Recycling SY 104.630 5 =47 5 258,485.50 405.0: Rejuvenating agent Gallon 8,350 S 3,50 S _9.r-5.00 210.01 Adjust Valve Box Each 15 S 85A0 S 1,275.00 210.03 Adjust Valve Box with Ring Each 45 S I W. S 4,500.00 210.05 jAdjust'vlanholcmthRing Each 26 S I50.00 S 3,90000 TOTAL COST S 297,385.50 Two Hundred Ninety Sven Thousand Three Hundred Eighty Five Dollars and Fifty Ceram Signed 1ddrcv.: Charles R. Veskerria Company Cutler Repaving, Inc. (luck One, 4rdividuwl Doug Busiuuss in Company Name s/ Corporation Pm-tne whip 921 E 27th St Lawrence, KS 66046-4917 PhoneFFax 785-843-1524 785-843-3942 � I Article or Paragraph Number &TitIc TABLE OF CONTENTS OF GENERAL CONDITIONS Pnge Article or Paragraph Number Number &Titic DEFWITIONS I 1.1 Addenda 1 1.2 Agreement ..........................................1 1.3 Application for Payment ...................... 1-4 Asbestos 1.5 Bid 1.6 Bidding Documents ..............................I 1.7 Bidding Requirements ..........................1 1.8 Bonds 19 Chang c 6�cr ...................................... 1.10 Contract Documents 1.11 Contract Price .......... 1.12 Contract Times 1 1.13 CONTRACTOR 1 114 defective ..............................................1 1.15 Drawings ............................................1 1.16 Effective Date of the Agreement.,,..._... 1 1.17 ENGMER I 1. [8 ENGRNEER!s Consultant 1 1.19 Field Order I 1.20 General Requirements ......................... 1.21 Hazardous Waste 2 1.22.a Laws and Regulations; Laws or Regulations., ............. .............. 1.22.b Legal Holidays .............. .... .. . ............ 1.23 Liens 1.24 Milestone .... .... .... . 1.25 Notice of Award___,,.,,_, 1.26 Notice to Proceed 2 1.27 OWNER L28 Partial Utilization 1.29 PCBs 1.30 Petroleum 1.311 Project -------------- ........... ..................... 2 1.3'2.a Radioactive Material.. .......................... 1.32.b Regular Working Hours,,,,,,,,,,,,,,,,,,,,,,, 1.33 Resident Project Representative,.,,,,,,..,.? 1.34 Samples ....................... *"**'* ...... ** ....... 1.35 Shop Drawings ......... .. . . .... ..... 1.36 Specifications ........... 1.37 Subcontractor ......................................2 1.38 Substantial Completion 2 1.39 ........................ Supplementary Conditions .................. 1.40 Supplier ............ 2 1.41 ................................. Underground Facilities ............. %3 1.42 Unit Price Work, ................................. 3 1.43 Work 1.44 Work Change Directive ............. .......... 3 1.45 Written Amendment .................... 3. Page Num bcr 2. PRELLANARY ?vLATTERS_, ............................. 3 2.1 Delivery of Bonds ............. 3 2.2 Copies of Documents, ....................... 2:3 Commencement of Contract Tim&-,; Notice to Proceed 3 2.4 Starting the Work ............................ 3 2.5-2.7 Before Starting Constructim CONITPACTOR's Responsibility to Report; Preliminary Schcddcs; Delivery of Certificates of Insurance 3-4 2.8 Preconstruction Conference 4 2.9 Initially Acceptable Schedules ........ ­4 3. CONTRACT DOCUIMENTS: IN -TENT, AMENN qXNG, 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 .......... I .......................... 5 3.5 Amending Contract Documents,,,.,,.,, 3.6 Supplementing Contract Documents 3.7 Reuse of Documents 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS: REFERENCE POINTS 4.1 Availability of Lands... .................. 5-6 4.2 SUI)SUrfUCand Physical Conditions— ................. .......... 6 4.2.1 Reports and Drawing% ...................... 6 4.2.2 Limited Reliance by CONTRAC- TOR Authorizcd; Technical Data *'*"*' 6 4.2.3 Notice of Differing Subsurface or Physical Conditions ........ .......... 6 4. 2. 4 ENGINLEEWs Review 4:2.5 Possible Contract Documents Change.........................................6 4*2.6 Possible Price and Times Adjustments ...............................G-7 4.3 Physical Conditions --Underground Facilitics....................................... 7 4.3-1 Shown or Indicated 7 4. 3. Not Shown or Indicated 7 4.4 Reference Points 7 EXI)CGENERAL CONDIFIONS 1910-3 (.19W. EDITION) wt CITY OF FORT COLLINSMOD[FICATIONS (REV 9/99) I I F1 I I 11 11 I I I F I I I I I 1 I I I I 11 I I I I I I I I I I I I Article or Paragraph Number & Title Page Article or Paragraph Page Number Number & Title Number 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 Licensciiiicties and Insurers; Certificates of Insurance 5A CONTRACTOR.% Liability Insurance ..........................................9 5.5 OWNERInsurance,,,,._.,...,, s Liability .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 5.9 CONTRACTOR!s Responsibility far Dedu ctible Amounts 10 5:10 Other Special Insurance ................. ko 5.11 Waiver of Rights.. .............................. 11 5.12-5.13 Receipt and Application of Insurance Proceeds 10-11 5.14 Acceptance of Bonds and lnsr. once; Option to Replace....................11 5:15 Partial Utilization --Property Insurance 11 6. coN­TR.AcToR!s REsPoNsfBuTIES 11 6.1-6.2 Supervision and Superintcndeno; ....... 11 6345 Labor, Materials and Equipment_._ 11-12 6.6 Progress Schedule ....... ........ I ... ......... i 6.7 Substitutes and "Or -Equal" Items-, CONTRACTORS Expense; Substitute Construction I Methods or Procedures; PING INEER!s Evaluation ..... ...... _12-13 6.8-6. I I Concerning Subcontractors, Suppliers and Othcrs; Waiver of Rights ......................... 13-14 6.12 Patent Fees and Rovalties -.14 6.13 Permits..-_._....._._.. 6.14 Laws and Regulations .... ..... ............ 14 6.15 Taxes... ............... ......... .............. 14-15 6.16 Use of Premisco., 15 6.17 Site Cleanliness,... ..... ............. - 15 6.18 safe Structural Loading ............ ........ 115 6.19 Record Documents .......... ...... 15 6.220 Safety and Protccti on ..... ........... 15-16 6.21 Safety Representative ...... ....... ........... 16 622 Hazard Communication Programs,..,,, 16 6.23 Emeruenctes,..... 16 6.24 Shop Drawings and Samples ..............16 Im .6.25 Submittal Proceedures;,CON- TRACTOR, Review Prior to Shop1irawing or Sample Submittal 16 6.26 Shop Drawing Yc Sample Submit- tals Review by ..... 16-17 6.27 Responsibility for Variations From Contract Documents,,,,;,,,,: 17 6.N Related Work Performed Prior to ENGFNEER's Review and Approval of Required Submittals ............ ......... ........ J7 6.29 Continuing the Work .......... ........... 17 6.30 CONTRACTOR!s General Warranty and Guarantee ....... ----- J7 6.31-6.33 Indemnification __ions.................J8 17-18 6.34 Survival of Oblig��_ 7. OTHER WORK , ..... ....... ....... ;_ ............. ...... 18 7.1-7.3 Related Work at Site& ........ .... _18 7.4 'Coordination ....................:....:.....:.is S. OWNIER'S RESPONSIBILITIES ..................... 13 8.1 Communications to CON- TRACTOR 18 3.2 Replacement of ENGINEER ... ;; ....... 18 8.3 Furnish Data andPay Promptly When Due 18 9.4 Lands and Easements; Reports aha 'rests 18-19 8.5 Insurance ................... .................. �19 3.6 Change Orders .............................19 8.7 rnspections, Tests and Approvals................................... 0 8.8 Stop or Suspend Work; Terminate CONTRACTORs Services 19 8.9 Limitations on OWNERS Responsibilities_ . ...... .. ­ ........ ... 19 9.10 Asbestos, PC -Bs, Petroleum, Hazardous Waste or Radioactive Material 19 8.11 Evidence of Financkl Arrangements, ..................... ... 19 9. ENGINEERS STATUS DURING CONSTRUCTION....._ ................ .......... ........... 19 9.1 OWNERs Representative 19 9.2 Visits to Site 19 93 Project Representative........,_.,.. 19-21 9.4 Clarifications and tnterpre- Cations 9.5 Authorized Variations in %Wk I LJCDC GENIIERAL CONDITIONS 1910-8 t1990 LIXTION) .wt CITY OF FORT COLLMSMODIFICATIONS (RFV 9199) I 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,,,,,,,,,,,,,,,,,,,,„ 7-28 and Payments....................................21 13.10 OWNER May. Stop the Work ........ ... 28 9A0 Determinations for Unit Prices 21-22 13.11 Correction or Removal of 9.11412 Decisions on Disputcs; ENGI- Defective Work ............................ ......................... ?8 ' NEER as Initial lnterpreter............. ;22 13.12. Correction Period ,,,,,,,,,,,,,,;,,,,,,,,,_,28 9.13 Limitations onENGINEERs 13.13 Acceptance ofDefectiveWork ........ ,28. Authority and Responsibilities.... 22-23 13.14 OWNER May Correct Defective Work._............, ................._.. 28-29 CHANGES rN THE WORK ......................................: ?3 10.1 OWNER's Ordered Change.„.............23 14. PAYMENTS TO CONTRACTOR AND 10'2 Claim for Adjustment, I ......... 23 COMPLETION,,,,,,,,, , .......................... .....29 10.3 Work Not Required byContract 14a Schedule of Values, ..,,,,_,,,,,,_,,,,29 Documents ............. ..23 14.2 Application for Progress 10.4 Change Orders ._..._..._:....._...._....,..23 Payment-, .... __ ...._....._... -- -29 10.5 Notification of Suret......................... .23 14.3 CONTRACTOR's-Warranty of Title...........,...........................29 CHANGE OF CONTRACT PRICE,_,,, .............. 23 14A-143 Review of Applications for , 1 L1-t 1.3 Contract Price; Claim for Progress Payments;,,,,,,,,,,,,,,,, 29-30 Adjustment; Value of 14.8-14.9 Substantial Completion,,,,.,., - 30 11.4 the Work ...................... ......----- Cost of the Work ..........................24-25 . 3-24 14.11) Partial Utilizatioq.__._,.... I .......... 14,1.1 Final Inspection ............................. 30-31 31 ' 11.5 Exclusions to Cost of the Work ,,..,,,.,.,^_5 14.12 Final Application for Payment ._ ..... 31 11:-6 CONTRACTOR's Fn,,,,,,,,_., 25 14-13-14.14 Final Payment and Acceptance,,,, ,.31 lL7 Cost Records ....... ......... 14.15 Waiver of Claims, ..................... 11.3 Cash Allowances,,,,,,,,,,,,,,,,, ............... 26 11.9 Unit Price Work ..... ..,.,................... _26 15. SUSPENSION OF WORK AND , TERMINATION...............................................3 CHANGE OF CONTRACT TIMES ............................'6 15.1 OWNER May Suspend Work ........ ,.3^_ 12.1 Claim for Adjustment _ 26 15.2-15.4 OWNER Mav Terminate_._,_ _._- 32 t2.2 Time of the Essencz,,,,,,,,,,,,,, ,,,, ,,,,,, =6 Is.*; CONTRACTOR May Stop ' 12.3 Delays Beyond CONTR-ACTOR's Work or Terminate.,,,.,,,,,,_,,,, 32-33 Control 12.4 Delays Beyond MNI F.R's and 16. DISPUTE RESOLUTION 33 CO�ITIL\CTOR's Control ,,,,,,,,,,,,,,,,=7 17, MISCELLANEOUS 33 TESTS AND INSPECTIONS: CORRECTION, 17.1 Giving Notice .................... ....._,._ 33 RF.MOV.AL OR ACCEPTANCE OF 17.2 Computation of'rimes...... .... ..... 33 ..33 DEFEC77DE WORK .........................................__._...27 17.3 Notice of Claim....-... ...................... 13.1 Notice of Defects ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,_7 17.4 Cumulative Remedies,,,,,.,-,,,,,,_,,,,.,33 13.2 Access to the Work ...............__._, 7 175 Professional Fees and Court 13.3 Tests and lnspcetions; CostsIncluded ....... ................ ,..... 3. CONTRACTOR'S Cooperation,,.,,_,,, =7 17.6 Applicable State Laws ................ 33-34 13.4 OWNERS Responsibilities: Intentionally left blank,,,.,._,,„.........................35 ' Independent Testing Laboratory.,,,,, 27 13.5, CONTRACTORS E\HMIT GC -A: ,(Optional) Responsibilities 7 Dispute Resolution Agreement,,,,,,.,,,,.,,,,,,.,, GC -AI 13.6-13.7 ............................ Covering Work Prior to Inspec- 16,1-16.6 Arbitration ............................... GC -AI lion. Testing or Approval ............. ... 27 16.7 Mediation- „,,,,,,,,,,,,,,,,,,,,,,,,,,,;GC -Al ' I iv E1CUC GLI ER1L CONDI'[IONS 1910-3 11990 Ern rtONi ' w1 CITY OF FORT COLLINS MODIFICATIONS iREV 9/9�i1 I I I I I 11 11 I I I I I J INDEX TO GENERAL CONDITIONS' City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of - Bonds and Insurance.........................................5.14 defective Work ............................10.4.1, 13.5, 1113 final payment ..... ............................... 9.1I1 14.13 insurance..,_,._,.,. ............................................... 5.14 other Work, by CONTRACTOR ...................... _73 Substitutes and 'Or -Equal" Items ...................... �.Tl Work by OWNER ...................... . �.5, 6.30_634 Access to the -- Lands, OWNER and CONE RACTOR responsibilities., ................... ........................ 4.1 site. related Work 7.2 Work . ............................ .... 13.2, 13.14, 14.9 Acts or Omissions--, Acts and Omissions-- CCNTR_ACrOR 6.9.1, 9.133 ENGI.NEER_ ...... ............................620, 9.13.3 OWNER Addenda --definition of (also see definition of Specillications) .......(L 6, 1.10, 6.19), 1.1 Additional Property Insurances ............................ 53 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................11. 12, 14.8, 15.1 progress schedule ................................. �6,6 Agreement -- definition of J.n "All -Risk" Insurance, policy form_ .......................... 5 *. 6.2 Allowances, Cash ....................................................I I.S Amending Contract Documents, ................................ 3.5 Amendment, Written -- in general ................. 1. 10, 1.45, 3.5. 5.10, 5. 1 6.6.2 .......................... G. S. 2, 6.19, 10.1, 10.4, 11.2 'or*66N��,V_-TOIZ 12.1, 13. 12.2, 14,7_2 Appeal, OWNER intent to .................. ........ 9. 10, 9.11, 10.4. 16.2, 16.5 Application for Payment -- definition of 1_3 ENG[NEERs Responsibilit 9.9 .y final payment ................ 9.13.4, 9.13.5, 14,12-14- 15 in general. .........................I.S. 2.9, 5.6-4, 9.10, 15.5 progress payment ..................................... 14.1-14.7 review of .................... 14.4-14.7 Arbitration ......................................I..............16.1.16.6 Asbestos -- claims pursuant thcreto ... I ...... I ...............4.5.2, 4.5.3 CONTRACTOR authorized, to stop Work,,,,,,,,,. . 4. 5.2 definition of .......................... ........ _ .................. t.4 Article or Paragraph Number OWNER responsibility for .......... ................... 4-5.1, 8.10 Possible price and times change.._....._ . ; ........... 4,5.2 Authorized Variations in Work .......... 3.6. 6.25, 6.27, 9.5 Availability of Lands .................................... 4.1: SA Award Notice of --defined ..... 125 :­­ Before Starting Construction ............................... Z ' 5-2.8 Bid --definition of,,,,,,,,,,,,,,,,, ........ 1-5 (L], 1. 10, 2.3, 3.3, ..................... 4.2.6.4, 6.13, 11.4.3, 11.9. 1)�. Bidding Documents -definition of (6.8.2) Bidding Requirements --definition of ..........................................1.7 (1.1, 4.2.6-2) Bonds -- acceptance of ..... I ............ ......... ...................... 5.14 additional bonds 10.5. 11.4.5.9 Cost of the Work ............................................11.5.4 definition or 1.8 delivery of ........................... I ........................ 1, 5.1 final Application for Payment ........ ...... _14-12-14.14 general ....................................... 1.10. 5.1-5.3, 5.13, ......... I ....... ­4 .................... 9.13, 10.5. 14.7.6 Performance, Payment and Other. .... ........ _ ... 5.1-5.2 Bonds and Insurance --in general ................................. 5 Builder's risk "all-risk' policy form ........................ Cancellation Provisions, Insurance,,;,...; 5.4.11, 5.8, Sp. 15 Cash Allowances.................................................... 11-3 Certificate of Substantial Completion ......... 1.38. 630.2.3, * .................................................14.8. 14.10 Certificates of Inspection,,,,,,,,,,,,,,,, 9.13.4, 13.5, 14.12 Certificates of Insurance..............2.7. 5.3. 5.4.11, 5.4.11 .......................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, 5415, 6.8.2, 9.4 ....... ...... _ ­ 19.5. 9.11. 10.2. 10.5. 11 . 2, 13.9. ....................... 13.13. 13.14, 14.7, 15.1, 15.5 CONITIZACTOR!s fee Cost of the Work general ... ....................................... 11.4-11.7 Exclusions to Cost Records,......_._ 11.7 in general,,,,,,,, ....J.19, 1.44.9.11_10.4-2, 10.4.3, 11 Lum p Surn Pric rig .... ..................... ............... 11.3.2 Notification of Surety .... _ 1 4 ._10.5 Scope of ............. _ ........ 4 ............................ 10.3-10.4 Testing and Inspection. Uncovering the Work,,,._...... 4 ...................... 119 EJCDC GENERAL CONDITIONS 1910-S 0990 EDITION) WCITY OF FORT COLLINS MODIFICATIONS (REV 9/99) F, Unit Price Work 11.9 CONTRACTOR'sFee .............-___.-,_...-._.-,....-_11.6 Article or Paragraph Article or Paragraph ' Number 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 timelimits_.......:..........:..:.............122 Delays beyond CONTRACTOR's control........................................................12.3 Delays beyond OWNER's and CONT R-NCTOR's control ................. :....... .... 2.4 Notification of surety.........................................10.5 Scope of change .................. ....... ............... 10.3-10.4 Change Orders -- Acceptance of Defective Work. ... 13.13 Amending Contract Documents .......................... 3.5 Cash Allowances............................. 11.8 Change of Contract Price,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,I l Change of Contract Times,_„,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, t'_ Changes in the Work ........................................... 0 CONTRACTOR'S fee,,,,,,,,,,,,,, .......................... 11.6 Cost or the Work .......................................11.4-11.7 Cost Records .................................................... 11.7 definition of.......................................................1.9 emergencies. ................................................... 0.23 ENGINEER'sresponsibility ....... 9.8. 10.4, 11 21111 execution of.....................................I................10.4 Indemnifiction .........................6.12, 6,16, 6,31-6.33 Insurance, Bonds and. __.--------------- i.IO, 5.13, 10.5 OWNER may terminate ............................. t5.2-15.4 OWNER'S Responsibility. ............................$.6. 10.4 Physical Conditions - nd............................................. Subsurface and, ................... ............ * ....... ­­4.2 Underground Facilities--.,.........................4.3.2 Record Documents ........................................... 6.19 Scope of Change.......................................10.3-10.4 Substitutes ............................................. 6.7.3. 6.8.2 Unit Price Work...__..._ ................................... 11.9 value of Work,. covered by ...... .._. ........... I.......... 11.3 Changes in the Work .......... ............... ........... 10 Notification of surety,__.....................................IQ5 OWNER's and CON TRACTOR's responsibilities,,,,,,,,,,,,,, ............................... 10.4 Right to an adjustor ent...................................... 102 Scope of change........................................10.3-10.4 Claims -- against CONTRACTOR 6.16 against ENGINEER ........................................ 6.32 against OWNER...............................o.32 Change of Contract Price ...........................9.4, 11. Change of Contract Tines ....... ................... .4, 111 CONTRACTOR's.............4. 7.1, 9.4. 9,5. 9.11. 10.3, ........................... I I.2, 11.9, 12.I, 13.9, 14.S, ............................................ 15.1. 15.5. 17.3 CONTRACTOR's liability..........5.4, 6.14 6.16, 6.31 Cost of the Work 11.4, 11.5 Decisions on Dispute;.:..............................9.11-, 9.12 Dispute Resolution... ...... 11 ... - ... ... ....................... 1.6.1 Dispute Resolution Agreement ....................16.1-16.6 ENGINEER as initial interprelor ......................9.11 Lump Sum Pricing ......................................... 11.3.2 Noticeof... .......................................................17.3 OWNER's................... 9.4, 9:5, 9.11, 10.2,. 11.2, 11.9 ,,,,,,,,,,,,,,,12.1, 13.9, 13.13. 13.14. 17.3 OWNERS liability .............................................. 5.5 OWNER may refuse to make payment ................14.7 Professional Fees and Court Costs Included...........-__....................................17.5 request for formal decision on ........................... 2.11 Substitute Items .............................................. 6.7.1.2 Time Extension..........................................:......12.1 Time requirements ................................... 9.11, 12.1. Unit Price Work......................._._..._............11.9.3. Valueof...........................................................1,1.3 Waiver of --on Final Payment.................J4.14. 14.15 Work Change Directive ...................................... 10.? written notice required .....................9.11. 11.2, 12.1 Clarifications and Interpretations,,,,-,....., 3.6.3. 9.4. 9.11 CleanSite ....................... .._.... ............................. .17 Codes of Technical Society, Organization or Association..................................................3.3.3 Commencement of Contract Times .........................._'_.3 Communications-- general..............................................0.2, 6.9.2. 8.1 Hazard Communication Programs ......................4.22 Completion - Final Application for Pay -men! ..........................14.12 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 Claims14,15 Computation of Times ........... ,...... ...... 17.?.1-17.2.2 Concerning Subcontractors, Suppliers and Others.................................................6.S 6.l 1 Conferences -- initially acceptable schedules .............................. 2.9 p rec ons t ruc t ioq.................................................. 2.8 Conflict, Error, Ambiguity, Discrepancy-- CONTRACTOR to Report ..........................2.5, 3.3 _' Construction, before starting by CONTRACTOR ............._.............................15-2. 7 Construction Machinery, Equipment, etc..................6A Continuing the Work ..................................... 6.29, 10.4 Contract Documents - Ante ndi ng..........................................................5.5 Bonds..............................................................5.1 1 11 1 J [] EICocGENLRALco:rvrnovstvto.so9goEDmoN) ' wi CITY OF FORT COLLINS MODIFICATIONS (REV 9199.) I I I I 11 I I I I L I I I I I I I Cash Allowances 11.8 Article or Paragraph Number Change of Contract Price .......................... .......... 11 Change of Contract Times .................................. 12 Changes in the Work ... _ ................ ......... 10.4-10.5 check and verify ........................... I ............ I ......... 2.5 Clarifications and Interpretations .......................... 3.2, 3.6. 9.4. 9.11 definition of ............. ......... ...................... J. 10 ENGINEER as initial interpreter of,,,,,,,,,,,,,,,,,, 9.11 ENGINEER as OWNER's representative .............. 4.1 aencra13 .Insurance ............................................................ i.3 Intent minor variat ions in the Work........-__ ................. 3.6 OWN'ERs responsibility to furnish data .............. ;8.3 OWNER!s responsibility to make prompt payment....,._ 8.3, 14.4, 14.13 precedence ............................................... :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„.„.„ 2.5, 33 Reuseof ............................................................ :3.7 Supplementing,,,,,,,,,,,,,,,,,,. ,,................... ..... _ 16 Termination of ENIGINEERs Em ployin etvt. . � ...... 8. 2 Unit Price Work ............................................... J 1.9 variations, .......................................... 3.6, 6.23, 6_27 Visits to Site, ENGINEEWs ....... ................ I--- 9.2 Contract Price - adjustment of ................. 3:5. 4.1. 9.4, 10.3, 11.2-11.3 Changeof .....................:.....................................I I Decision on Disputes ......................................... 9.11 definition of .....................................................1.11 Contract Times.. adjustment of ........................ _J.5. 4.1, 9.4. 10.3, 12 Change of .................................................. 12.1-12.4 Commencement of 2. 3 definition a( CONTRACTOR= Acceptance of Insurance ... I ............ ............ 5. 14 Communications .............. I ....... .... I .... ..6.2, 6.9.2 Continue Work ........................................6.29, 10.4 coordination and scheduling ........ ......... 9.2 definition of :* ... * ... * .......... ...................... ; ......... 1.13 Limited Reliance on Technical Data Authorized 4.2.2 May Stop Work or Tema inate ............................ 15.5 provide site access to others..,._._. .......... 7-2, 13.2 Safety and Protection ....................3.1.2, 616. 6. 18, ­ ­­* ................. .......... 6.21-6223, 7.2, 13.2 Shop Drawing and Simple Review Prior to Submittal 6.25 Stop Work requirements,,., CONTRACTOR!s­ 4,5.2 Article or Paragraph Number Compensation 11.1-11.2 Continuing Obligation,,,,,,,,,,,,,,,,,,*.........*....... 14.15 Defective Work...............................9.6, 111�13.14 Duty to correct defective Work ..........................13.11 Duty to Report --- - Changes in the Work caused by Emergency.: __.......................... _ ........ 6.23 Defects in Work of Others .............................. 7-3 Diffcrmg conditions ..... I ...... I ............ I ......... 4.2.3 Discrepancy in Documents,,,.,,,, .. 2.5. 3.3.2, 6.14.2 Undcrg: round Facilities not indicated...._,,,,, 4.3.2 Emergencies, ........................ ......... ................ :0.23 Equipment and Nlachincry Rental, Cost of the Work 11.4.5.3 Fee --Cost Plus 11.4.5.6, 11.5.1, 11.6 General Warranty and Guaranteq ............ : .......... 6-30 Hazard Communication Programs ......................6.22 * Y Indemnification ......................... 15. 12, 6.16. 6.31-6.33 Inspection of the Work ............................... 7.3, 13.4 Labor, Materials and Equipmcnt.................... 0.3-6.5 Laws and Regulations, Compliance by............ 6.14.1 Liability Insurance .............................................. i.4 Notice of Intent to Appeal ......... ................ 9.10, 10.4 obligation to perform and complete the Work 6.30 Patent Fees and Royalties, paid for by,,,,,,,,,,,,,,,, 6.12 Performance and Other Bonds.... I ........................ 5.1 Penn its, obtained and paid for by,,,,.,,,,,,, 6� 13 Progress Schedule ............................2.6. 2.8. 2.9. 6.6. ........................................6.29. 10.4. 15.2.1 Request for formal decisionon disputes,,,,,,,,,,,,,, 9-11 Responsibilities -- Changes in the Work, ...... ............... I ........... 10.1 Concerninu Subcontractors, Suppliers and Others 6.S-6.11 Continuing the Work * .......................... 6.29, 10.4 CONTRACTOR's expense ...........................6.7.1 CONTRACTORs General Warranty and Guarantee, ..... ­­ ... .... .... .............. 6. 30 CONT&ACTORs review prior to Shop Drawing or Sample submittal ............... :6.25 Coordination of Work 6.9.2 Emergencies............................................... 6.23 ENGINTIERs evaluati on: Substitutes or "Or -Equal" Items.............................6.7.E For Acts and Omissions ofOthers., .... I ........... ..... 6.9.1-6.9.2, 9.13 Cur deductible amounts, insurance ................... 5.9 general ........................................ t5, 7.2, 7.3, S9 Hazardous Communication Programs,,,.,,_,_, 6.22 Indemnification 6.31-6.33 EJCDC. GENIJLAL CONDITIONS 1910.3 (1990 EDITION) %vl CITY OF FORT C01.UN3iI0D1FIC,%TT0,\N iP.FV 9199) I Labor,: Materials and Equipment .............. 6.3-6.5 Laws andRegulations_--- :........................6.14 LiabilityInsurance........................................: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 6.28 safe structural loading„ ...................._, .....6. IS - Safety and Protection .................... ti:20. 7:2, 13? Safety Representative...................................6.21 Scheduling the Work..................................6.9.2 Shop Drawings and Samples .....................„ 6.24 Shop Drawings and Samples Review by RNIGINEER......................................6.26 Site Cleanliness .......................................... 6.17 Submittal Procedures6.25 Substitute Construction Methods and Procedures .................................... 6.7.2 Substitutes and "Or -Equal" Items................6.7.1 Superintendence ........................................... 6, 2 Supervision......................................----.......6.1 Survival of Obligations ................................ 6.34 Taxes......................................................... 6.15 Tests and Inspections ..............._.... _........-_.13.5 To Report........ ................................. I............- ' G Use of Premises 6.166.18. 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal.........................................0.25 Right to adjustment for changes in the Work ..... 10.2 right to claim .............3, 7.1, 9.4. 9.5. 9.11, 10 2,11.2, 11.9. 12.1. 13.9. 14.8, 15.1, 15.5, 17.3 Safety and Protection .................. 6.20-6.22, 7.2, 13.2 Safety Representative ........................_._......_ ... Shop Drawings and Samples Submittals 6.24-6.28 Special Consultants........................................11.4.4 Substitute Construction Methods and Procedures 63 Substitutes and "Or -Equal" Items, Expense...........................................6.7.1, 6.7.2 Subcontractors, Suppliers and Others..,,,..,., 6.8-6.11 Supervision and Superintendence,........6.1, 6?, 6.21 Taxes, Payment by.................................--.----.6.15 Use of Premises 6.16-6.18 Warranties and guarantees 6.5, 630 Warranty of "title ...... ............. ............._............. 14.3 Written Notice Required -- CONTRACTOR stop Work or teen inate........ I i.5 Reports of Differing Subsurface and Physical Conditions ....................... a.23 Substantial Completion ................................ Niii 14.5 CONI' RACTORS--othcr............ ..............................7 Contractual Liability Insurance ,,,.;_5-A.10 Contractual Time Limitg12.2 Article or Paragraph Number Coordination— CONTRACTOR's responsibility_.....................6.9.2 Copies of Documents ................................ 1 1 Correction Perial13.12 Correction. Removal or Acceptance of Defective Work-- in general ................................... 10.4.1,.13.10-13.14 Acceptance of Defective Work...........................li.13 Correction or Removal of Defective Work................................6.30, 13.11 Correction Period........._---......_._ ..............._ 13.12 OWNER May Correct Defective Work ..,-. ----- ...,13.14 OWNER May Stop Work ...... _.........................13.10 Cast -- of Tests and Inspections..........................I..........13.4 Records11.7 Cost of the Work— Bondsand insurance, additional ...................11.4.5.9 Cash Discounts.............................................11.4.2 CONTRACTOR's Fee ........................................ 11.6 Employee Expenses......................................1 1.4.5.1 Exclusions to:.................._........................:.......11.5 General 11.4-1 I.5 Home office and overhead expenses ....................11..5 Losses and damages.....................................11.4.5.6 Materials and equipment _.--_.._.... .. ............ 11.4.2 Minor expenses,,,,,, 11.4.5.8 Payroll costs on chaanges..._„_.__,,,_.,.„.,. ,,,,, 11.4.1 .. performed by Subcontractors ...........................I1.43 Recordsll.7 Rentals of construction equipment and machinery.......................................11.4.5.3 Royalty payments, permits and license fees ............................................ 11.4.=.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 ..............) 1.4.5.7 Work after regular hours.................................11.4.1 Covering Work...............................................13.6-13.7 Cumulative Remedies 17,4-17.5 Cutting, fitting and patching,.,,._.,_„_.... ................... 7.2 Data, to be furnished by OWNER ............................ ..%3 Day. -definition of ................................................ 17.2._ Decisions on Disputes ....................... ............. 9.11, 9.12 defective -definition of.__.......___.._.....................1.14 defective Work -- Acceptance of .................... ................... 10.4.1. 13.13 E1CDC GENERAL CON'DI"IIONS 1910.8 (1990 EDIIION) W C,ITY OF FORT COUANS MODIFICATIONS i.RF.V 9199) 71 u I 1 I I 1 I Correction. or Removal of10.4.1, 13.11 Correction Period .. 13.12 ............ in general.........................................13. 14.7, 14.11 Article or. Paragraph Number Observation by ENGINEER ........ ....................... :.9.2 OWNER May Stop Work ...... ........................... 13.10 Prompt Notice of Defects— ... I .................. I.....,,,,,13.1 Rejecting...........................................................9.6 Uneovering,the Work.......................................13.8 Definitions .......:..................... ................................ ... I. Delays...........................I..........4.1, 6.29, 12.3-12.4 Delivcry of Bonds ..................................................... 2.1 Delivery of certificatesof insurance ............................r.7 Determinations for Unit Prices 9.10 DifPering.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 TimesAdjustments..............4.2.6 Discrepancies -Reporting and Resolving.,...------ ....................2.5, 3.3.2. 6.14.2 Dispute Resolution - Agreement .......................... ...................... 16.1-16.6 Arbitration ................................................. 16.1-165 . general16 Mediation 16.6 Dispute Resolution Agreement........................16.1-16.6 Disputes, Decisions by ENGINEER .................. 9.11-9.12 Documents -- Copies of Record 6.19 Reuseof.............................................................3.7 Drawings --definition of... ................. : ..................... I.15 Easements ............................................................... 4.1 Effective date of Agreement -- definition of..............1.16 Em ergencics........................--...............-................6. 23 ENGINEER - as initial interpreter on disputes,,,,,,,,,,,,,,,, 9. t 1-9.12 definition of ....................................................... 117 Limitations on authority and responsibilities,,,,, 9.13 Replacement of :................................................. $.I Resident Project Representative..._...,,_............._9.3 ENGNEER's Consultant -- definition o(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, .............................. 9.1 l-9.12 defective Work, notice of,,,,,,,, 13.1 Evaluation of Substitute Iteins,(.7.3 Liability .................................................. 6.32, 9.12 Notice Work is Acceptable.-,,......_...................14.13 Observations...........................................6.302, 9.2 O WNER's' Representative,,,,, ,, ,,,,,,, ,„,_,,,,,„ 9.1 Payments to the CONTRACTOR, Responsibility for....................................9.9. 14 Recommendation of Payment......................14.4. 14.13 Article or Paragraph Number Responsibilities --Limitations 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 Interpretations. ................. PA Decisions on Disputes., ....................... 9.11-9.12 Determinations on Unit Price, ............... ,....,9.10 ENGINEER as Initial Interpreter,,,,,,,,, 9.11-9.12 FNGINEER's Responsibilities ................9.1-9.12 Limitations on ENGINFER's Authority and Responsibilities,,,,,,,,,,,,,,„,,,,_„„....; 9.13 OWNBR's Representative..............................9.1 Project Representative,, ................................. 9.3 Rejecting Defective Work..............................9.6 Shop Drawings, Change Orders and Payments 9.7-9.9 Visitsto Site. ................ ................................9.2 Unit Price determinations .....................................9.2 . 9.10 Visits to Site...... Written consent required .............................. 7.?, 9,1 Equipment, Labor, Materials and ........................6.3-6.5 Equipment rental, Cast of the Work ........... .._,_. 11A.5.3 Equivalent Materials and Equipment., ...................... 6.7 error or omissions..................................................6.33 Evidence of Financial Arrangements .......................8.11 Explorations or physical conditions ...................... 4.2.1 Fee, CONTRACTOR's-Costs Phis ...........................11.6 Field Order - definition of ....................................................... 1.19 issued by ENGINEER ................................ 3.6.1. 9.5 Final Application for Payment,.,,,,, ........................ 14.12 Final Inspectioq................................................... 14.11 Final Payment - and Acceptance... .... ............. 14.13-14.14 Prior to; for cash allovancrs Ms General Provisions17.3-17.4 General Requirements - de iini Lion. of......................................................1.20 principal references to...............2.6, 6.4. 6.6-6.7, 6.24 Giving Notice._ ...... .. ........ ........................ I............. 17.1 Guarantee of Work --by CONTRACTOR,,,,,,,, 6.30, 14.12 Hazard Communication Programs,,,,,,,,,,,,,,,,,,,,,,,,,, Hazardous Waste -- definition af..................................... 1.21 general..... _.... _.........._.................................... 4.5 OIINF.R's responsibility for,,,,,,,,,,,,,,,„.,,,,_,,,,,,g.lU EICDC Gr: • xAL cosDiTIONS 1910-3 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Indemnification......._ .............._.... 6.12, 6.16, 6.31-6.33 Initially Acceptable Schedules ._...2.9 ................. Inspection— Certificates of .......................... :... 9.13.4. 13.5. 14.12 Final.................................................I.........14.11 Article or Paragraph Number Special, required by ENGINEER.... .... _ ,.........9.6 Tests and Approval.............................8.7, 13.3-13.4 Insurance - Acceptance of, by OWNER...............................5.14 Additional, required by changes in the Work ........................................... 11.4.5.9 Before starting the Work .................................... 2.7 Bonds and --in general..........................................5 Cancellation Provisions ...................................... 5.8 Certificates of... ....... _„_..... 2.7, 5, 5.3, 5.4.11, 5.4.13, .................. ..>.6.5, 5.8, 5.14, 9.13.4, 14.12 completed operations......_ „. 5.4.13 CONTRACTOR's Liability 5.4 CONTRACTOR's objection to coverage.............5.14 Contractual Liability ......................................5.4.10 deductible amounts, CONTRACTOR'S responsibility ................................................5.9 Final Applicnion for Payment .......................... 14.12 Licensed Insurers ................................................ 53 Notice requirements, material changes ........ 5.8, 10.5 Option to Replace..........................................15.14 other special insurances....................................5.10 OWNER as fiduciary for insureds,,,,,,,,,,,,,,.5.12-5.13 OWNER's Liability . .. 5S OWNER's Responsibility ................ 8.5 Partial Utilization, Property Insurance,.,,,,. .5.15 Property....... .............................................. J.6- i.10 Receipt and Application of Insurance Proceeds.....................................5.12.5.13 Special Insurance .............................................. 5. t0 Waiver of Rights .............................................. 5.11 Intent of Contract Documents ................................ 3. t-3.4 Interpretations and Clarifications.,.-. _ 3.6.3, 9.4 Investigations of physical conditions, .3.'_ Labor, Materials and Equipment........................... .3.6.5 Lands— and Easements ................................................... 5.4 Availability of,.,,,,,.,,. ................................... 4.1. 8.4 Reports and Tests ............................................... 8.4 Laws and Regulations --Laws or Regulations-- Bonds........................................................>.1-5.2 Changes in the Work ........................................ 10.4 Contract Documents...........................................3.1 CONTRACTOR's Responsihilities .....................6.14 Correction Period. defective Work .............. 13.12 Cost of the Work taxes...............................I 1.4.5.4 definition of- ...... ...... .... general6.14 Indemnification ....................................... 6.31-6.33 Insurance---................._.................................j.3 Precedence , ., 3.1. 3.3.3 Reference to. J.3.1 Safety arid Protection...............................6.20, 13.2 Subcontractors, Suppliers and Others ........... 6.8-6.11 Article or Paragraph Number Tests and Inspections_................................13.5 Use of Premises...................................................6.16 Visits to Site ...... .. ..............:........__....----.-----------9.2 Liability Insurance-- CONT RACTOR's............................................... 5.4 OWNER'S ............................................................ 5.5 Licensed Sureties and Insurers ........................... 5.3 Liens -- Application for Progress Payment ........... ......__.,.14.2 CONTRACTOR's W.arrantyofTitlq ...................143 Final Application for Payment ....... .................. J4,.12 definition of ............................................ ............ 1.23 Waiver of Claims..................„.,,,,,,,.,..,,,,,,.,.,.,14.15 Limitations on ENGNEER's authority and responsibilities..................................................9.13 Limited Reliance by CONTRACTOR Authorized Maintenance and Operating Manuals -- Final Application for Payment .........................1.4.12 Manuals (of others)-- Precedena..............I._................__..............3.33. t Reference to in Contract Documents.................3.3.1 Materials and equipment -- furnished by CONTRACTOR.._.._ ...................... 6.3 not incorporated in Work.. ............... .................. l4.^_ Materials or equipment--equivalent...........................6.7 Mediation (Optional)........................4.....................16.7 Milestones --definition of,....,.....„ ..................„.,...... 1.24 Miscellaneous -- Computation of Times Cumulative Remedies........................„.,....,.,._..„17.4 (living Notice .......................................... 4.........17.1 Notice of Claim 173 Professional Fees and Court Costs Included17.5 Multi -prime contracts ............................................. .._ 7 Not Shown orIndicatcd...._.....:.............................. 4. Notice of.. Acceptabilityof Project ............... ..................... 14.13 Award, definition o(.........................................1.25 Claim .............................................................. 17.3 Defects.13.1 Differing Subsurface or physical Conditions__,,., 4.2.3 Giving....... ...... ......................._....................,f7.1 Tests and Inspections........................................13.3 Variation, Shop Drawing and Samplq.................6.27 Notice to Proceed— definition of ..................................................... 1.)6 E1CDC-GENERAL CONDI FONS 1910-3 (1990 EDITIONI w/ CITY OF FORT COLLIN'S MODIFICATIONS (REV 9/99) I 1 0 J Notification to Surety ..... _........_............................10.5 Observations, by ENGINEER,..--,.....; .............6.30, 9.2 Occupancy of the Work ................... 5.15, 6.30.3:4, 14.10 Omissions or acts by CONTRACTOR:.............:6_% 9.13 Open Peril policy form, Insurance ..........................i.6.2 Option to Replace ........ ............................. ............... ?.l4 - Article or Paragraph Number 'Or Equal' Items, .............................. ...................... 5.7 Other work 7 Overtime Work --Prohibition of ........ . ............. ...... . 6.3 OWNER -- Acceptance of defective Work. .......................... j3.13 appoint an ENGINEER ....................................... S.2 as fiduciary ...................... Availability of Lamle, responsibility .................... 4.1 definition of .................................................... 1.27 data, furnishh-------..................._.......................8.3 May Correct Defective Work...........................13.14 May refuse to make payment............................14.7 May Stop the Work...:.......:.....:...;:....::............13,10 May Suspend Work, Terminate. ........................... $.S. 13.10. 15.1-15.4 Payment, make prompt.....................8 3, 14.4, 14.13 performance of other work .................................. 7.1 permits and licenses, requirements_............._...6.13 purchased insurance requirements,,.,.,,_,,.,. ............... OWWNER's - Acceptance of the Work ............ ........_........6.30.2.5 Change Orders, obligation to execute,.,.,,.,., 8.6, 10.4 Communications ............................................... 3.1 Coordination of the Work 7.4 Disputes, request for decision ...........................9.11 Inspections, tests and approvals-., .......... ... 83. 13.4 LiabilityInsurance, ... ........ ........................ 5.5 Notice of Defects ..............................................13.1 Representative --During Construction, ENGINEER's Status............._.......................9.1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material 3.10 Change Orders..............................................8.6 Changes in the Work...................................10.1 communications 8.1 CONTRACTOR's responsibilities .................. 89 evidence of Financial arrangements .............8.11 inspections, tests and approvals... .... ........... $3 insurance....................................................... 8.5 lands and easements 8.4 prompt payment by. ........... ......... ..................8.3 replacement of ENGMEER...........................8.2 reports and tests ............................................ SA stop or suspend Work_..._...S.S, 13.10, I?.l terminate CONTRACfOR's services, ............ - ....._..................6.S. 15.2 separate representative at site _............................. .3 xi testing, independent.........................................13.4 use. or occupancy of the Work5.15, 6.30:2.4, 14.10 written consent or approval required ............................. ........... :9.1.6.3, 11.4 E1CDC GEt:ER..V. CONDFrIONS 1910-5 (1990 EDITION) w/ CITY OF FORT COLLLNS MODIFICATIONS (REV 9!99) SECTION 00500 AGREEMENT FORMS 00520 Agreement 00530 Notice to Proceed Rev 10/20/07 Section 00300 Page 1 Article or Paragraph Number written notice required .......................... T 1, 9A. 9.11. '* .................................. 11 -2. [1 �9. 14.7. 15.4 PCBs -- definition of ........................................ ............. 1.29 general................................. .................. ......... 4.5 OWNER!s responsibility for . .............................. $.10 Partial Utilization -- definition of ...................................................... 1.28 general 6.30.2.4. 14.10 Property Insurance....--....................................5.15 ----- -- - -- ...... 5.15 Patent Fees and Royalties ....................................... 6.112 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 CONITRACTOR's Warranty of Title .................... 14.3 Final Application for Payment .........................14.12 Final Inspection .............................................. )4_11 Final Payment and Acceptance ................ 14.13-14.14 general........................................................8.3, 8.3, 14 Partial Utilization -14. 10 Retainage..........................................................14.2 Review of Applications for Progress Payments ...................... ......... 14.4-14.7 Prompt Payment * ..... ­* .... *"*'* ....... .............. 8.3 Schedule of Values 14.1 Substantial Completion ...................... ........ t 4.8-14.9 Waiver of Claims 14.15 when payments dut; ................................ 14.4, 14.13 withholding payment 14.7 Performance Bonds 5.1-5. 2 Permits 6.13 Petroleum -- definition or......................................................1..30 general.............................................................. 4.5 OWNER!s responsibility for, ............................... 8.10 Physical Conditions - Drawings of, in or relating to ............ ............ 4. 2.12 2 ENLG FNEER's review 4.2.4 existing structures .................. - ------- ... 4.2. Z 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 Drawings ......................................4.2.1 Subsurface and ....................................................4.2 Subsurface Conditions 4. 2. 1. 1 Technical Data. Limited kefiance-�y` CONTRACTOR Authorized 4. 2. 2 Underground Facilities - general ........................................................4.3 .. * ......... * .... * ... * ................-, ..... * .. ........ 4.3 Not Shown or Indicaed... - ....... 4.3.2 Protection or _.4.3, 6.20 Article or Paragraph Number Shown or Indicated 4.3.1 Technic -at Data ........ 4.2.2 Prec-onstruction Conference .......................................2.8 Preliminary Matters ­ ...... . ­* ... ..... .. ' I . .. Preliminary Schedules ........ ....... 6... 1 .... I ...................... * ­ .....­ 2, 6 Premises, Use of ...... * .. ........... ­* ... ...... * .... 6.16-6.18 Price, Change of............................................. ontract............................................ I I Price, Contract -definition of .............................. Progress Payment, Applications for .......... .......... 14.1 Progress Paymentretainage ................................... 1412 Progress schedule, CONTRAcrows.... ........ 2.6, 2,8, 2.9, ........................... 6.6. 6.1-9. 10.4, 15.2.1 Project -definition of ...............................................1.31 Project Representative- ENG[NEERs Status During Construction_,....,_„ 9.3 Project Representative, Resident-clefinition of .......... 1.33 prompt payment by OWNER, ............ 8.3 Property I nsurance-- Additional .................. 4 ..................... ................ 5-7 ggencraI5.6-5. 10 Partial Utilization .......... ..................... 5.15, 14.10.2 receipt and application of proceeds ............. 5.12-5.13 Protection, Safety and .............................. 6. 20-6.21, 13.2 Punch list 14.11 Radioactive Material- defintion of .................. ............................. 1.32 genera14.5 OWZ\TER's responsibility for 10 Recommendation of Payment .................14.4, 14.5, 14.13 Record Documents .... ............. __ ............ .... . 6. 19, 14.12 Records, procedures for maintaining.... 4 .....................1.3 Reference Points 4.4 Reference to Standards and Specifications of Technical Societies 33 Regulations, Laws and (or) .......................................6.14....... .............. Rejecting Defective Work ..........................................9.6 Related Work - at Site 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review., .................... 6.28 Remedies. cumulative ......................................17.4, l71 Removal or Correction ofDefective Work ... ......... _13.11 rental agreements, OWNER approval required, .... I I.4.5.3 repluccin ent of ENGLNEEK by OWNER ..................... 3.2 Reporting and Resolving Discrepancies.......... 4.4 ........ _ ........ 2.3, 3.3.2, 6.14.2 Reports - andDrawings ... ........ __ ........................ and Tests, OWTN Rs responsibility.._ 8.4 Resident and Project Representative -- definition of .................................................... 1.33 provision for ................................................... ......... 9.3 xii EJCDC GENERAL CONDI nONS 1910-3 (1990 EDITION) wl a TY OF FORT COLUNSMOMFICATIONS (RFV 9f991 I I I I I 11 F, I I I I I LJ I F7 I I I I I I I I I P I I I I I I I I I I Article or Paragraph Number Resident Superintendent, CONIITRACTORg............... 6.2 Responsibilities-- CONTRACTORsingeneral ................................. 6 ENGINEER's-in general ........................................9 .......**....*.........................9 Limitations on ..... ....... ......................... :9.13 OWNERs-in general........ : .................. I ......... Retainage..... ........... ...................................... Reuse of Documen ts. � .......................................... ..... 3.7 Review by CONTRACTOR. Shop Drawings and Samples Prior to Submittal ......................... t5.25 Review of Applications for Progress Payments ....... * ............ **"'* ... 14.4-14.7 Right to an adjustment........._._...._........................102 Rights of Way ............. .................. .............. 4.1 Royalties, Patent Fees and .............. ....................... 6. 12 Safe Structural Loading ..........................................6.18 Safety -- and Protection ................................ 4.3.2,.6. 16, 6.1S. ... ­ ......... % .. .................. 6.20-6.21. 7.2. 13.2 general .................. ... * ............................. 5.20-6.23 Representative, CONTRACTORs ..... ................6.21 Samples -- definition of 1.34 general. ........................ 6.24,6.28 Review by CONTRACTOR............_ 615 Review by ENGINEER ............................... ().26.6.27 related Work 0.28 submittal of 6.24,2 submittal procedures ................................ .......*.......... ­ 6.25 Schedule of progress.............................2.6, . 2.8-2.9, 6.6. 10.4. 15.2.1 Schedule of Shop Drawing and Sample Submittals .............................. 2.6, 2.8-19, 6.24-6.23 Schedule of Values_........_.._ ............... 2.6, 2.8-2.9, 141 Schedules -- :Adherence to 15.2.1 Adjusting..........................................................6.6 Change of Contract Times ................................. 10.4 Initially Acceptable ....................................... 1S, 2.9 Preliminary ........................................................ 2.6 Scope of Changes ............ .......................... 10.3-10.4 Subsurface Conditions ....................................... AMA Shop Drawings - and Samples, general ................................. 6.24-6.28 Change Orders & Applications for Payments, and. ............................ 9.7-9.9 def-mition of 1.35 ENGWEER's approval of ................................. 3.6. 2 : ENGMEE-Rs responsibility for review ­ ................. .... ......... 9.7, 6.24-6.28 related Work 623 review procedures.... ... ..... ...... ........... 1S, 6.24-6.28 Xiii Article or Paragraph Number submittal required ..................... ....... ................. 6.24.1 Submittal Procedures ......................................... 6.25 use to approve substitutions.. ............................. 6.7.3 Shown or Indicated,,,,,,,,,,;,,,,,,4.3.1 Site Access ................. .............. .............. .... _7.2, 13.2 Site Cleanliness ........................... .............. ......... 0.17 Site, Visits to -- by ENGINEER.........._ ........ ............... 9.2. 13:2 byothers ..........................................................13.2 .special causes of loss" policy form, insurance ....................... 1 ......... ......................$:6.2 definition of 36 Specifications- deftnation of ........... .......................... .............. 1-36 or,rechnical Societies, reference to....,._._....„. 3.3.1 precedence ......................................................}.3.3 Standards and Specifications of Technical Societies., .... _ ................................. 13 Starting Construction, Before ..................... _ ....... 12.5-2.S Starting the Work ............... ....... .................. 2.4 Stop or Suspend Work. - by CONTRACTOR ...........................................15.5 by OWNER ...................... I ............... 8.8, 13-10, 15.1 Storage of materials and equipment ......................4.1, 7.2 Structural Loading, Safety.,., .................................... 6.18 Subcontractor - Concerning, ......... ..................................... 6.8-6.11 definition of.....................................................1.37 delays............... .......... ----------------- ................ 12.3 waiver of rights ................................................6. 11 Subcontractors. -in ,encral ...................... 6.8-6.11 Subcontracts --required provisions,,,,.,,,, 511, 6.11, 11.4.3 Subin ittals- Applications for Payment.„ ................. ............. 14.2 Maintenance and Operation Nlanunis ............... 1412 Procedures .............. _ : 6.25 Progress Schedules ...................................... 2.6.2.9 Samples ..................................... ............. 6.24-6.2S Schedule or Values, ......................... .......... 3.6, 14.1 Schedule of Shop Drawings and Samples Submissions............__.......___.......2.6, 2.8-'2.9 Shop Drawings._, ...... ......................... 6.24-6.2S Substantial Completion— certification o(.................. ......... .30.2.3-, 14.8-14.9 definition a( " 1.38 Substitute Construction Z\ lethods or Procedur . ........ 6. 7.2 Substitutes and "Or Equal' Items ....... * ........ ­ ' ­­3 ' 6 CONTRACTOR!s Expense ............................ 6.7.1.3 ENGINEFWs Evaluation 6.7-3 "Or -Equal ..................................................... 63. 1.1 Substitute Construction Methods EICDC GENEIC41 CONI)i riONS 1910.8 (1990 LDITION) w/CFFY OF FORT COUB1,,SMOMFICATIONS iRFV 91991 1 Article or Paragraph Number or Procedures.............................................6.7.2 Substitute Items _ 6.7.1.2 Subsurface and Physical Conditions -- Drawings of, in or rclatbgto ....................."„4.2.I? ENGNEER's Review....................„_,,,,,,,.,,,,,,,4.34 general.............................................................. 4.2 Limited Reliance by CONTRACTOR Authorized ................................................4.2.2 Notice of Differing Subsurface or Physical Conditions.........................................4.2.3 Physical Conditions ....................................... 4.2.1:2 Possible Contract Documents Change ............... 4.2.5 Possible Price and Times Adjustments ....... _.,-....4.2.6 Reports and Drawings ....... ............................... 4.'_.I Subsurface and....................................................4:2 Subsurface Conditions at the Site ................... 421.1 Technical Data................................................4.2.2 Supervision— CONTRACTOR's responsibility ............................ OWNER shall not supervise.................................9.9 ENGINEER shall not supervise ................ 9.2, 9.131 Superintendence......................................................6. 7 Superintendent, CONTRACTOR's resident................2 6 Supplemental costs ............................................... I 1.4.5 Supplementary Conditions -- definition of ...................................................... 1:39 principal references to.................1.10, 1.18, 2.2, 2.7, ..................... .4.2, 4.3, 5.1, 5.3. 5.4, 5.6-5.9, ................ 5.11, 6.8, 6.13, 7.4, 8.11, 9.3, 9.10 Supplementing Contract Documents ..........................:.6 Supplier -- definition of......................................................1.40 principal references to ........... 33, 6.5, 6.8-6.11, 6.20, . . .................................6.24, 913, 14.12 ...... ... Waiver of Rights...............................................6.11 Surety — consent to final payment"""".,","__.... ""..14.12, 14.14 ENGNEF-R has no duty to ........ .........*............9.13 Notification of................_.............----M I. 10.5. 15.2 qualification of ...... ...........__: - .. -................. .5.1.5.3 Survival of Obligations.................6.34 Suspend Work, OWNER \May"".-" .................. I3.10, 15.1 Suspension of Work and Termination— .......................15 CONTRACTOR \,aay Stop Work or Terminate ..pen.......d.Work......____.._..-- ............... 13.5 OIVNER May Sus............................ 15.1 OWNER May Terminate..._ ...................... 15.2-15.4 Taxes --Payment by CONTRACTOR, ........................ 6.13 Technical Data -- Limited Reliance by CONTRACTOR .................4.2.2 Possible Price and Times Adjustments, ........... 4:_.6 Reports of Differing Subsurface and Physical Conditions ............ ............ ............4.11 siv Temporary construction facilities ............................. 4.1 Article or Paragraph Number Term ination— by CONTRACTOR........................................15.5 by OWNER.,.,",...8.8, ................................ 15.1-15.4 of ENGINEER's employment.... ........................... $.2 Suspension of Work-in general.,.,........""...............15 Terms and Adjectives ..........................: ...........:3.4 Tests and Inspections.. Accessto the Work, by others ......... _....... ..._....13.2 CONTRACTOR's responsibilities .......................13.5 cost of 13.4 covering Work prior to ..............................13.6-13.7 Laws and Regulations(or)................................ 13.5 Notice of Defects.................".....-.-..........--..-.-,,,,13.1 OWNER May Stop Work ............. .... _............. 13.10 OWNER's independenttesting ..........................13.4 special, required by ENGINEER,_".......................9.6 timely notice required.................................I.... 13.4 Uncovering the Work, at ENGNEER's request...............................................13.8- t 3.9 Times— Adjusting...........................................................6.6 Change of Contract .............................................. 12 Computation of ....................................... I......... 17.2 Contract Times--dcfmition oC ,.1.12 day-........................... ..................... 17.23 Milcstones..........................................................12 Requirements -- appeals.......................... ....... ...... I ...... _9.10, 16 clarifications, claims and disputes ..,,,,,,.,,,","...9.11, 11.2. 12 Commencement of Contract Times,,,,,,,,,,,,,,,, 2.3 Preconstruction Conterenca,,,,,,,,,,,,,,,,,,,,,,,,,,,,-2.8 schedules ............... ........................... 2.6, 2.9, 6.6 Starting the Work 2.4 Title, Warranty of.. ............... ................................. 14.3 Uncovering Work ............................................. 13.S-13.9 Underground Facilities, Physical Conditions — definition of ..................................................... 1.41 Not Shown cr Indicated............................__.".4.3.2 protection of..............................................4.3, 6.20 Shown or Indicated.................._.,............-.......4.3.1 Unit Price Work— claims......................................................... 11.9.3 definition ol.......................:....:........................ 1.42 genera111.9, 14.1. 14.5 Unit Prices-- generalll.3.1 Determination for.............................................9.10 Use of Premises......... 4......................6.16, 6.18, 6.30.2.4 Utility owners,,6.13, o._'U, 7.1-73, 13.2 Utilization. Partial...."..............1.28, 5.15, 6.30.2.4. 14.10 Value of the Work....................................................11.3 Values. Schedule of..............................:..6, 2.8-'_.9. 14.1 E1CDC GENER.-U CONDMONS 1910-S(1990 EDr11WO wf (,l"rY" OF FORT COLUNS MODIFICATIONS IRF.V 9199) I 1 1 1 1 t 1 1 I I I I 11 I I I I I I I [I I I I I I Variations in Work. -Minor Authorized..._---........_ ............. 6:25, 6 ' .27,9.5 Article or Paragraph Number Visits to Site --by ENLGLqIMP,..,.. ............... .............. 9.2 Waiver of Claims --on Final Payment ....................... 14.15 Waiver of Rights by insured parties ....... : ......... 5.11. 6. 11 Warranty and Guarantee.Genemi--by CONTRACTOR Warranty of Title, CONTRACTOR3 ......................... 14.3 Work -- Access to byothers ..................... .............. .................. I ...... 7 Changes in the ....................................................10 Continuing the .................................................. 6.229 CONTRACTOk May Stop Work or. Terminate 15.5 Coordination of 7.4 Cost of the 11.4-1 L5 definition of ..................... ........... ­ ............... 1_43 neglected by CONTRACTOR ... ; .......... ............. 13.14 other Work OWNER May Stop Work..........._....................13.10 OWNER May Suspend Work..... .............. J3.10, 15.1 Related, Work at Site .................................... 7.1-7.3 Startingthe ....................................................... ;' 2.4 Stopping by CONTRACTOR ....................... 5 Stopping by OWNER ................................. 15.1-15.4 Variation and deviation authorized, mine( ........... 5.6 Work Change Directive - claims pursuant to .............................................10.2 definition of ............... ­­­ ---- ............. ........... 1.44 principal references to, ......... ............3.5.3, 10.1-10:1- Written Amendment -- definition of ............................ .............. 1-45 principal references to ........ ..... 1. 10, 3.5, 5,10,13.12. .........................6.6.2, 6.8.2, 6.19, 10.1, 10.4, ................... ........ 11, 2, 111, 13.12.2, 14.7.2 Written Clarifications and Interpretations ............ ..................... 3.6.3. 9.4, 9.11 Written Notice Required - by CONTRACTOR ..... ....... ............... 7 1, 9.10-9A I. 10.4. I1.2. 12.1 by0wNER_ .... ............ .9.10.9.11, 10.4, 11.2, 13.14 W L'JCDC GENLRAL CONDITION'S 1910-3 (1990 EDITION) wl CITY OF FORT COLONS MODIFICATIONS (REV 9199) I I I I (Chis page left blank intentionally) ' sd EJCDC GENERAL. CONDITIONS I910-S 1.I990 EDITION) w/ CT'FY" OF FORT COL UNS MODIFICATIONS (REV 9199) I [1 1 I i 0 1 -J 1 1 1 i 1 i i 1 1 1 I GENERAL CONDITIONS ARTICLE 1—DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the. meanings indicated which are applicable to both the singular and plural thereof: 1.1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change. the Bidding Requirements or the Contract Documents La_. 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. 1.3. Application for Payment —The form accepted by ENGINEER which is to be used by CONTRAcrok in requesting progress or final payments and which is to be accompamod by such supporting documentation as is% required by the Contract Documents 1.4. Asbestos --Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid —The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidihn$ Doetirnents—The advertisement or invitation to Bid instructions to biddcrs,.the Bid tam, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements—Thc advertisement or invitation to Bid, instructions to bidders, and the Bid tam. I.S. Bondi —Performance and Payment bonds and other instruments of security. 1.9, Change Order —A document recommended by • !`Gf ER, 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 110. Contract Docuniants—The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice 4 Award) when attached as an exhibit to the Agrcement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the. Drawings as the EJCDC GENER.\L CA WfnO`S 19105 (1990 Edtim) et CITY OF FORT COLLINS MODIFICATIONS (REV.111000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Ordcrs, Work Change Directives, Field Orders and ENGEVEER's written interpretations and clarifications issued pursuant to paragraphs3.5. 3.6.1 and 3.6.3 to or after the Effcctive Date of the Agreement. Shop Drawing submittals approved pursuant to paragrapis.6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1 and 4.22 are not Contract Documents. 1.11. Cantract Price -The moneys payable by OWNER to CONTRACT012 for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph It 9.1 in the case of Unit Price Work), 1.12. Contract Times -'rho 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 ENGTNEER's written recommendation of fuel payment in accordance with p ragnph 14.13. 1.13. CO,VTRAC•TOR—The person, firm or corporation with whom OWNER has entered into the agreement 1.14. defective —Art 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 ENGTNEER'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. Drawings --The drawings which show the scope, extent and character of the Work to be furnished and pertained by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documems. Shop drawings are not Drawings as s0 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 siurt and deliver. 117. E,VGL\LFR—The person, firm or corporation named as such in the Agreement. I.18. ENGIVBER's Consultant —A person, firm or corporation having a contract with ENGLVEER to furnish services as LNGNEER's independent professional assa:iate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Outer —A written order issued by ENGINEER which orders mirror changes in the Work in accordance with paragraph 9.5 but which does not involve a chance in the Contract Price or the Contract Times. 1 120. General Requirements —Sections of Division I of the Specifications. 121. Hxartlous Haste —The tern Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended From time to time. 122.a. Laws and Regulations; Lauw or Regulations -Any and all applicable laws, rules, regulations, ordinances. codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction 1.22.b. Lezat Holidays--shall be those holidays observed by the Ciry of Fort Collins 123. Liens —Liens. charges, security interests or encumbrances upon real property of personal property. 1.24. Mileuone--A rmcipal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work-. 125. Notice ofAivand—Awritten notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein. within the time specified OWNER will sign and deliver the Agreement. 126. Nonce to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fLeing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 1.27. OWIVER—The public body or authority, corporation, association, firm or person with whom CONTRACTOR his entered into the Agreement and for whom the Work is to be provided 128. Partial Utilization —Use by OWNER of a substantially completed part of the Work for the purpose for which itis intended (or a related purpose) prior to Substantial Completion ofall the Work 129. PCBs —Polychlorinated biphenyls. 1.30. Petroletart--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents, 1.31a. Radioactive :hfuterial—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of EtcoccE ER.tLCONDlnoN�',tvlost(twoEsett) w/ CITY OF FORT COLLI NS MODIFIC:yrtO\S (REV.Ir000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.32.b. Regular Norldn2 Hours -Regular working hours are defined as 7:00am to 6:00pm unless otherwise specified in the General Requirements. 133: Resident Project Representative —The authorized sen repretative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Srnrtples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Wort: will be judged 1.35. Shop Dmxings—AII drawings,. diagrams, illustmtions, schedules and other data or information which are specifically prepared or asscmblcd by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications —Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor —An individual, firm or corporation having a. direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion —The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGL2IEER's definitive certitcate 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 imendcd; or if no such certificate is issued when the Work is complete and ready for fuel payment as evidenced by FINGriNF,ER's written recommendation of finel payment in accordance with paragraph 14.13. The terms substantially complete' and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementary Conditions —The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier —A manufacturer, fabricator, supplier. distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to famish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Underground Facilities —All pipelines, conduits, ducts, cables. wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or 1 I 1- 11 1 L7 I 0 0 I materials: electricity. gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit. Price fVork-Work to be paid for on the basis of unit prices. 1A3. Work -The entire completed construction or the various separately identifiablepaRs thereof required to be furnished under the Contract'Documents. Work includes and is the result of performing or furnishing labor and firrnishing 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 Cltmnge. Directive -A written directive to CONTRACTOR, issued an or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGLNEER ordering g 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 paagmph 4.2 or 4.3 or to emergencies under paragraph6.23. A Work Change Directive will not change the Contact Price or the Contract - Timcs, but is evidence that the "parties expect that the change directed or documented- by a Work Change Directive will be incorporatedin a subsequently issued Change: Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Written Atrrencdnent-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 noncngineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2-PRELLNI[NARY MATTERS Detive" of Bondy: 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. I. Copies ojDoeuments: 2.2. OW NI M shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as eve reasonably necessary for the execution of the Work. Additional copies will be "shed, 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, EJCDCGENMUL CONDITIONS 19105 (19W Editar) w/ QTY OF FORT COLLINSMODIFICATIONS tRLV-1r000) if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. ANotice.to Proceed may be given at any time within thirty days after thoEffectivc Date of the AgreementWPF than. the gimit-th-day aR4 the day of$idoprnittg•or-thz•thirtieth dey�ntter-t}ta�6lfeeFiva•Beta oFlhe-rlt;reemehkwhiehaverelatrisKarlier. Starting the Work: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to rum but no Work shall be done at the site prior to the date on which the Contract Times commence to run: Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shalt carefully study and compare the Contact Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly repot in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR. may discover and shall obtain a written interpretation or clarification from ENGINEER .before proceeding with arty Work affected thcrcbv; however, CONTRACTOR shalt not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or. discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGIiNEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work• including any c&lilestones;specified in the Contract Documents; 2.61 a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submita% 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 Contact 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. 17. Before any Work at the site is started, CONTRACTOR and OWNER shall eseh deliver to the othee OWNER with copies to each-additiewFl--insured ENGINEER, 3 I certificates of irmtrance (and other evidence of insurance reasexe4ly'--ruyuest requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5 A-?Ge nd—i-l. Preconstrucfion Conference.. 2.3. Within twenty days after the Contract'rimcs start to rum, but before anv Work at the site is started, a conference attended by CONTRACTOR ENGMER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Initially Acceptable Scheduler. 2.9. Unless otherwise provided in the Contract Documents before any work at the site begins. a conference attended by CONTRACTOR, ENGINEER and others as appropriate designated ted by 0Mq MR- will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph2.6. and Division I - General 9I&lLe ent CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGNEER as provided below. The progress schedule will be acceptable to ENGNF.ER 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. CONTRACfOR's schedule of Shop Drawing and Sample submissions will be acceptable to F.NGNF.ER as providing a workable arrangement For reviewing and processing the required submittals CONTRACTOR's schedule of values will be acceptable to ENGNEER as to form and substance. ARTICLE3—CON7RACTDOCUMETS: LATENT, 4ME\DLNG, REUSE Intent 3.1. The Contract Documents comprise the entire agreement between OIWiT;R and CONTRACTOR concerning the Work. The Contract Documents are. complementary: what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to EXDC GEA'QLtL CONDITIONS 1910-9 (1990 Etfidal) eel Cl rYOF FORT COLLI?SXIODIFICAHONSIREVJ4000) describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction in dttstry 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 Resohing Discrepancies: 3.3.1. Reference to standards, specifications, manuals to cooks of arty technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement If there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard; specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5. CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (eecept in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in poragraph35 or 3.6; provided however, that CONTR\CTOR shall not be liable to OWNER or ENGNEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have (mown thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or II 1 1 t I I 1 I 3.3.3.2. the provisions of arty such Laws or Regulations applicable to the performance of the Wort: '(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, wdeor 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 ENGItEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undert.•de responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3.4. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "accepable", "proper' or "satisfactory" or adjectives of like effect or import are used to describe a requirement. direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or arry other provision of the Contract Documents. 4mend ing 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 terns 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 10l4). or EtCDCcE,lExu.CONDMO S1vIos(IvwE(htim) W CITY OF FORT C'OLLI,NS \IODIFICA'rtOVS (REV ,I0000) 35.3. a Work Change Directive (pursuant. to paragraph 10.1). 3.6. In addition, the requirements of the Contract Documents may be supplementec.L and mina variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGIIEER's written interpretation, or clarification (pursuant to paragraph 9.4). Reuse ofDoeuments: 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 with contract 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 orbcaring the seal of ENGINEER or ENGINEER's Consultara, and (ii) shall not reuse any of such Drawings, Specifcations, 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 ENG WEER. ARTICLE 4—AVAILABILITY OF LAINDS; SUBSURFACE .4YD PHYSICAL CONDITIONS; REFERENCE POINTS etvai(ability ofLandb: 4.1, OWNER shall famish, as indicated in the Contract Documents, the lands upon which the Work is to be performed rights -of -way and casements for access thereto, and such other lands which are designated for the useofCONfRACTOR UpowreasenabldwFltteft-E QGe%: OWNER shall identity 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 crating 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 OWNEIs furnishing these lands, rights -of - way or easemcnLs. CONTRACTOR may make a claim therefor as provided in Aricfes I I .and 12. 5 I SECTION 00520 AGREEMENT ' THIS AGREEMENT is dated as of the 11" day of May in the year of 2011 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Cutler Repaving, Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. AGREEMENT RENEWAL & WORK ' Renewal. This Agreement is a renewal of the Agreement entered into between the parties on the 31st day of January, 2008, entitled Hot In Place Recycling Project, Bid No. 6077, City of Fort Collins (hereinafter called The 2008 CONTRACT)and all portions interpreted as if the same were attached hereto. ' This work shall consist of rehabilitating the existing surface layer of existing asphalt pavement with specially designed equipment in a simultaneous multi step process of heating, scarifying, applying an asphalt rejuvenating ' agent, and thoroughly re -mixing and re -shaping the old asphalt surface, and then placing an overlay of new hot mix bituminous pavement. A single machine that heats, scarifies, recycles, and spreads virgin material all in one continuous pass shall be used. This renewal is authorized pursuant to Article 3.1.1 Contract Period, of the 2008 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 February 1, 2012. ' ARTICLE 2. ENGINEER The Project has been designed by City of Fort Collins Streets Division, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in ' accordance with the Contract Documents, ARTICLE 3. CONTRACT TIMES ' 3.1 The Work shall be Substantially Complete within Thirty Five (35) calendar 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 thirty (30) ' calendar days after the date when the Contract Times commence to run.' 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of ' the essence of this Agreement and that OWNER will suffer financial loss if the Work is not 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 Section 00520 Page 1 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. Subsurface and Physical Conefitions• 4.2.1. Reports mid Drawings:. Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have beenutilizedby ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating toexisting surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.2.2. Limited Reliance by CONTRACTOR. Authorize& 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 OWNIM ENGINEER or any of ENGINEE2's Consultants with respect to: 4.22.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but no 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 4.22.3. any CONTRACTOR interpretation of or conclusion dmwn from any "technical data" or anv such data, interpretations, opinions or information. 42.3. Notice of Deering Submirace or Physical Conditions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 42.1 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 6 EJCOC GENEUL CONDMONS t9 L04(1990 Edaim) tvt CITY OF FORT COLLIE S MODIRC.4"11ONS iKLV 4i3000) 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, preenp45' immediately after ' becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in conneclran therewith (except in an emergency as pertained by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. ' CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. EA'GINEER's Review: ENGINEER will , promptly review the pertinent conditions, determine the necessity of OWNER'sobtaining additional exploration or tests with respect thereto and. advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. ' 4.2.5. Possible Contract Documents Change: If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3. a Work ' Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 426. Pawbk, Price and 'Times Adfusmnents. An equitable adjustment in the Contract Price or in the , Contract Times, or both, will be allotted to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR's cost oC 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 4.2.3.1 4.2.3.4, inclusive; paragraphs through ' 4.2.6.2. a change in the Contra[% Documents pursuant to pamgmph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment: ' 4.26.3. with respect to Wort: that is paid for on a Unit Price Basis, tiny adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 1 19; 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 commianent to OVVI ER in respect of Contract Rice and Contract Times by the , -I -- [] L 11 submission of a bid or becoming bound under a negotiated contract; or 2.6.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, e.�loraticn, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documentstobe conducted by or for CONTRACTOR prior' to CONTRACTORS making such final commitment: or 4.2.6.4.3. CONTRACTOR tailed to, give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agreeon 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 I I and 12. However, OWNER, ENGINEER and ENGINEFRs Consultants shall not be liable to. CONTRACTOR for any claims, costs, losses or damages sustained by'CONf RACTOR onorin connection with any other project or anticipated project 4.3. Physical Cond donso-Underground Facilities. 4.11. Shown or 6rcBcared: The information and data. shown or indicated in the Contract Documents with respect to existing Underground Fatties 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 ENGLNTEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for: (i).reviewing and checking all such information and data, (it) locating all Undertround Facilities shown or indicated in the Contract bocuments,(iu) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in parang7nph6.20 and repairing any damage thereto resulting from the Wok. 4.3.2. Not Shown or lndiealed• If anUndergnxind Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, promptly, immediately alter becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except m an emergency as required by paragr,iph6.23), identify the owner of such Underground Facility and E:JCDC GENFR.>L CO,WITTOM 19103 (1990 Edtkv) w/ LT7Y OF FORT COLLINS MODIFICATIONS (REV WNW) give written notice to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If FNGINEER 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 pnrn tmph 6.20. CONTRACTOR shall may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the oKent that they are attributable to the existence of any Underground Facility that was not shown cr JndicmLd in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If 0\VNER and CONTRACTOR are unableto agree on entitlement to or the amount or length of any such adjustment in Con".ct Price or Contract'rimes, CONTRACTOR may make a claim therefor as provided in Articles I 1 and 12. However, OWNER, ENGINEER and ENG[NEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project.. Reference Points. 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEERS judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in gna&n or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. lsbeslos. PCBs, Petroleums, llazardous Waste or Radioactive Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Nfaterial uncovered or revelled 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 personsor 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 CON 'CR:\CTOR is responsible. 7 d-5�-69:1-TRr'.GF9R-shell-immedietal±�- f*}SiopeN sueh-notice-treewetting)-6N�s fER-slmfl-promptlp consult-with-EVGF?iEEl�eoneetnin5�lhtexcassity-Cart F}l�`\Tsi�te-ratevra-qualified-expert-t<raveluata-such Ee�P�6F8Et-elmll-net-be-enquired-to-reArnro-Week. sas arty-retryired-permits-related-tha,'toeared-delivered-te ONFR.4GT OR-canrret-agree-as-Ea-emtifertteat-to-or 'ark -stoppage-" Etch-spesial-sondiuens-under-whish ri lM I \ivF.r And....J " CONTRACTOR doza•axx-agre�-to-resume-suclrwork. bast J en a reasonable belief it :.. ...._F- _ dees __. 'amc' the tb.. \ AFI- d.,.r :,. A.6 ...,.1�b,.....,1.�.... eendttiorroe-ire-suelretTn'E�tvL4rtErbrdrlL�tad-from tL. WSFk 4 OWNER and rn+rro A�Tno ,,apme. agraerasto-entitkment-to-r�F thanmeunE-oFaxtenFu€nn adjustment; t Tim eitiaaFpert}-may-meka-o-sla inrdaarifor-es-pruwdad-in Rye !Meh feted portwn-of-dw-Wortrperfonned-bv-GW��Rs-own. forsasor odaaes-vraxordetaca-with-r�ttisM-� Regulmiorc>-E}WNFR-siw�-indamnit1ral -hold harmless CC0-TPA>'pOPSubeommctcxs; fQDYLCIS IQ GGZCTGq D [0 s liil{i thE officers.. directors.—employees—agents—otheF consultants-mud-subcontractors-of-each-tmd-anv-o€ them-Frum-eruct-a�laireEall-ela ins-cusl'� lossrrartd damagzs-arising-out-of or-resakine from -such arlt-laseor-Jama�•a-is-attributebla-Eo-badi}y-injury: sie.kaas�dis sortleaEl twution ef-4REw_i✓3la-pr9perK-(otheFther-the--Wow incl dint4ho-loss-oFuss-resulting-dwraGem-and (u}noklurttren-Eks-SabparagBplra _�:a-9hau-ebtigate �U»`�:6R-Eu-irubmnikv-ortrixrsort-c>Fantity-(rum-tvd ownrneghgeneer net intended to qpply to As�.este-t pGBs. petroleum. 6la trrFdeus Walt aF Red easEtFa `lateFial, rneevrrccl OF-F2veala"he-Sikes EJCDC GENERAL CONDITIONS 19105 (1990 Editiaa) tt'/C1 YOF FORT COLLINSMODIFICATIONS(Rr.'V.b?000) ARTICLE 5-130NDS r4`ID LYSURe4\CE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents.. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or. Regulations and shall be executed by such sureties as are named in the current list of °Companies, Flolding Certificates of .authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular570 (amended) by the Audit State, Bureau of Government Financial Operations, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by d cti iced copy,of such agent's authority to act. 5.2. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Projcct is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which most be acceptable to OWNTER 5.3. Licensed Sureties and Insurers: Certificates of Insurance. 5.3.1. eVl Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained From surety or insttmnce companies that are duty licensed or authorized in the jurisdiction in which the project is located to issue Bonds or insurance politics for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifimtions as may N provided in the Supplementary Conditions. 53.2. CONTRACTOR shall deliver to OAWER. with copies to each additional insured identified in the Supplemenury Conditions; certificates of insurance (and other evidence of insurance requested by OVIVNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with pa nuzraph 5.4. QVA'4ER-shall J 1 CONTRACTOR'sLiabiiityhiwii a ce. 5,4.10. include contractual liability insurance "CONTRACTOR's coveririg indemnity obligations ' 54. CONTRACTOR shall purchase and maintain such under paragraphs 6:12, 6.16 and 6.31 through 6.33; Liability and other insurance as inappropriate -for the Work being, performed and famished and as, will provide SAA 1, contain a provision or endorsement'that the protection from claims set forth below which may arise out coverage afforded will riot be cancelled,materially of or result from CONTRACTOR's performance and changed or renewal "refused until at least thirty days' famishing of the Work and CONTRACTOR's other prior written notice has been riven to OWNER and obligations under the Contract Documents, whether it is to CONTRACTORand'lo each other additional insured be performed or famished by CONTRACTOR, any identified in the Supplementary Conditions to whom Subcontractor . or Supplier, or by anyone directly or a certificate of insurance has been issued (and the , indirectly employed by any of them to perform or runtish certificates of insurance furnished by the any of the Work, or by anyone for whose acts any of them CONTRACTOR pursuant to paragraph 5.3.2 will so may be liable: provide); 5.4.1. claims under workers' compeniiation,.disability 5.4:12. remain in effect at least until final payment benefits and other'similaremployee benetitacts; and at all times thereafter wheRCONTRACTOR.may ' be correcting, removing or replacing defective -Work 5-4.2. claims for damages because of bodily injury, in accordance with paragraph 13.12; and occupational Sickness or disease, or death of. CONTRACCOR'semployees, 5.4.11 with respect to completed operations " insurance, and any insurance coverage written on a 5.4.3. claims for damages because of bodily injury; claims -made basis, remain in effect for at,least two sickness or disease; or death of any person other than, years after final payment (and CONTRACTOR shall CONTRACTOR's employees, fumish'OWNER and each other additional invited identified in the Supplementary Conditions to whom :54---elaims-feF-demtagas-instir�'�.--austoinary a certificate of insurance has been issued evidence per3eml liability satisfactory to OWNER, and any such additional �� t•• ••^ • •��^�^ _ •==nl' is ^'�'•^^� 'iraeNI insured of continuation of such insurance at final n indiFz�ly-Fade-ed-t h person by C0,414 kCrno ^•, ••^ a:e ti.. _ ,:.�...... ,,.. kF ,.^l , payment and one year thereafter). OF ether-reasot� OWNER'.s Liabilitp lnsuranee: . ' 5.4.5, claims for damages, other than to the Work 5.5. in addition to insurance required to be provided itself because of injury to or destruction of tangible by CONTRACTOR under pnt:ngraph5.4, OWNEF,at property wherever located, including loss of use OW'NER's option,. may purchase and maintain at resulting therefrom: and OINWM'S e\z•pense OWNER's own liability insurance as ' will protect OWNER against claims which may arise from 5.4.6, claims for damages because of bodily, injury or operations under the Contract Documents. death of any person or property damage arising out of the ownership, maintenance or use of any motor Property Insurance: vehicle. y6—Unl.>cs-othrEwise-provided-in-tha-$uppkmzntaty The policies of insurance so required by this paragraph 5.4 6onditiorns;-Pt•4'V"ER-sha}l-purshese-atid-maintain to be. purchased and maintained shall: pfoperty insuninee tipm the WeF4�- - of-Eha-full-rep4neamen[-cost-ElxFao�(subj zst-tu-sash 5.4.7. with respect to insurance required by decluctibla nmoumEs-as-may lice pFcvided-in-Eha paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9, Supplementary C-ondi6om-or-required--bv Laws -and ' include as additional insureds. (subject to any Regulations)-Thisinsuranco-shnll< customary exclusion in respect of professional Liability), OWNER ENGINEER, ENGhvEER's 5 6:l—include—the—iE teresfs—of=ill FER, Consultants and any other persons or entities identified GQ :41ZACTQl,-�S.tbaenEraaEors, E?iE'.P EIS in the Supplementary Conditions, all of whom shall be " SHYheF POFSOms-eF ' listed as additional insureds,.and include coverage for stEilices-identified-iFt-Elte-&rpplemtertEeFy-Gonrdikiorffi; the respective officers and employees of all such eaehoFwhortris deemed terhavtatt rusurabie u lerest additional insureds; artd�kiell-be-listedttstmr-msuFadoFnddtEiomal-insuFad; 5.4.3. include the specific coverages and be Written 56.�: l)e-WETEtert-OtYfY•BtltlElCt'S-I't151C='H{i-ELSk=OE for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations; whichever is mcater, dam Rge to the ;Verk,, ia�r '.-,�•., ' 54.9. include completed operations insurance; SH-1-WAFl- ro -a' tke�fe}bv:ing-peFihs=-lira, '—,:�,."�^in=-evaded EJCDCGENER.-V. CO,WITIOP1519103 (1990 Editimi 9 ' AW CITY OF FORT COLLINS MODIFICATIONS (REV,47000) I :xivziaga-titet3-�ande4isnraFtd-ttte4ieious-tnissbiat; , - rtte�wl--eientA4ifien ��Y�rlFlf111f4�l3Fper19C9—Mf:tlFFCt4—IR—t47C—rEpBtFO[ Fap(asatnanFo€'anY-tiuurad-PFopzFty- f ute4udvtg-Fxtt-ttoE f}rf41dtlal5j; OFat-@[fOt412F10P1tttr�1FF41BFwflS-aP�F2ed-[6-in-w(ittng-by A by-�?i i2-atd :.0 5z, l..-....----.:..-- ..1T_a ....: }-�fii@�payAltlnFt^v ageed to in wroifl—by 9t � ^C-O :qp�\CTGR and QI59;ERR� :wish 'thin . a ' vainen—notice-.mf::.sl: othi-addi•ierA issued h beileF as-may-4>,quiFzd-by-th,Supplemettt@Fy-C-ondt'tiore-oF L4d2aFFted-tt}iiaY08i!-F1Y.TFFable-itlEer•'• "carmai "�'r�rgir-oc� " 1i5t2d-a3 an4FWUFe4-9F-(HWkieA@i-itt<MNd- 5r8. mldie ...' _s.F insefenee 1...., Inc-Gc[[iZletlta.J'f�r aPh2F Widen d ,L......n required w �... _ s.....,F ....a tneinusirtid-bv-�W?E);I�vFassadansa-with-paFagFaphs >:ti and--7-wiFl-eonta'vr-x-preyBton.. coverage-alioFdad-wi44-riot-ba-canozlled-oF-mataFial ly ehar�adoFFartawal-FaftFsid-unti4-aFlaast-FltiEty-days'-pEioF written--notice-has-lien giren-to-Qvw2R-and whom@-cartiE'ie@tz-o�irzsur@nerh@s-bizrrissuid-and-will COnt@tF!—lV@Fy2F—pFovLs tOFLS-1t1—@C'GOFd@nEa—with pefHgmph =` 11. 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRr\CTOR. Subcontractors or others in identified-in-iha-SupplementaFy-FoFFdit iorFs.-The-risk-o€ IesS-witltiFF-aFdl-idaAt- - baboFna such-IF>ss=@nd-iE-act}-�€-them-wishes-property-aFsuFenea iuvera�a-wttivrrE}te--limits-of uchranmuwA each -map puFshasacFFfamaiFduin-iFak-thapurehesn�s-owrta.Rpansa. -}�4f-=GGFk�F&r\GFOR-Feyuests-in-wriEiF>j EhaFetheF Spe6i8l be :R_I dl d .L- .. - ,,we-.,nd-the Bast. thffe ram; ^^;'-OFd<2.O.,t,.lr.: :I P .,n&Wflt--!'-r^�.a. ---.e to EJCDcn,ElaLALCONUMO�SUloso990EO[imt a'! C77Y OF PORT COLLI NS UOOIFICA CIO; IS (REV ,1.2000) sonEinbnsamsaFoFt4la-bVoEt:-aFthu-siftl; 43Lue L4'sR sha4J-u1 irl-4'1-0 eli�1EI%am}�04�}T'�i94�ellidlfit418la44 payable-urdkFany-policy-so-issued, >11 In ,,.L1: iwk 0;14.E;ii�aivffiall igh aetF irtst—E04-FRS\6TOR�:bs«ttmctoFs; o€€FceF�lirzetoFs,-zmpbyaas-and-agants-u�nny-o€ thaarfor 1.24. less due to btlsmwss irtreff"Ptiart loss nt=use-F�otheF-eons+quzrttia4-Icxcs-z�ttzndirtg bzyoAd-direct-t>hysiea I-I�ss-of-.i@m aga-ta aEfSIFt�OUFOf-OF-F2SFJ 1EF71�-€FOFII-tIFa-l�Ot412FpeFtl; Whel412FfJFfIOE-iFlStiFia4)y-�-\tF1�441f� @Flit -61-�-^: loss -vim c4�maga-to-the-scnttpktid resulture front-fire-oF-otheF-iFisured-peril-covered ;^ completed-$Polesf by during—parua4—uu4mFlon—pursuant—to pata}aph-44.4o-aftee-Substant (3omplet m purstautF4o-pnmerapii44:�-i atteF4inaF-Nyment NAY LA ururmd Poky fflain;ffiaed by Qkiprpik wykriEg H stft is the effeet that ut-Ff hn r-ret deffl ge a 1 I rrcevecyy-egnit+sE-etty-o�69�FRA6pOI�Subeontrttetorsc Receipt andApplication of Insurance Proeeertr: 5.12. Any insured toss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph5.13. OWNER shall deposit in a separate account any money so received„ and shall distribute it in accordance with such agreement as the parties in interest may reach If no other special agreement is reached the damaged Work shall be repaired or replaced, the monrys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any lass with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of less to OWNEP's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach If no such -agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers blur\rCD ... r..l..-'..... .1...11 .. .. M.,.1 r,.. .{... D, Acceptance of Bonds and lmwrance; Option to Replace 5.14. If OWNER has any objection to the coverage atlorded by or other provisions of the Bonds-oe insurance required to be purchased and maintained by the pa CONTRACTOR in accordance with Article 5 on thelrtss of nonconformance with the Contract Documents, the obyeetua; party shall•so-notify throthtr pony OWNER will Many COtNTRAC.TOR in writing, within ten i ten days after receipt defivcry of the certittcates (or -other -evidence requested) to Q�VNE[�1$ required by paragraph 2.7. other-such-additionaI ntonttetion-in-rrsprst-of-insurance prcwidad-as-the-other-may-reasonably-rayurst—EC-wither party-deer-not-purchase-or-maintairt-a ll-of-the--Bemds-aml uttsum nca-(agUIfni-uT-such-pa rry-by-the-G�IVf act writir� olcsueh-teiluro-to-purehuse-prior-itrUte-start-oFthn �l'ofl�oFe�such-failaw-tamaintatn-prior-te-arty-shnag6-in tlw'reyetred�`aragn--�l=idtaat-pra}uElicn-tasay-ekkter-right or-remedy-thauthar-party-may-akta-te-obtain-agaivalant Boritl§ oriirs asn x ko-protec¢sdeh otlxrpertyts-interests-at Utae>Fpaas6of-the-patty-who-wasraqu lead-lopruyidu-sash. Eotttraet-Friee�rxordirgly- Partial Ufilization-Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial ExaxcENER,v CONDITION'S patesttv90Edtimi w/ CITY or Four COLLINSMODIFICATIONS uttsv.lcooa) Completion of all the work such useor occupancy may be accomplished in accordance with paragraph 14.M, 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 poficy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6-CONfRACTOR•S RESPONSIBILITIES Supertision and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and e: frciemly, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific mearts, method• technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.2. COMPACTOR 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 extraordinay 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, Haterials and Equipment. 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the work is required by the Contract Documents CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to 11N`GINEER CONTRACTOR shalt submit requests to the ENGINEER no less than 48 hours in advance of env Work to be performed on Saturday, Sunc4ly. Holidays or outside the Regular working Hours. 6.4. Unless otherwise specified in the General contains or is followed by words reading that no like, Requirements. CONTRACTOR shall furnish and assume equivalent or "or -equal" item or no substitution is full responsibility for all materials, equipment, labor. permitted other items of material or equipment or transportation, construction equipment and machinery, material or equipment of other Suppliers may be ' tools, appliances, fuel. power, light, heat, telephone, water, accepted by ENGINEER under the following sanitary facilities, tern nary facilities and all other circumstances: facilities and inciden necessary for the furnishing, performance, testing. start-up and completion of the Work. 6.7.1.1. 'Cr-Equal". If in ENGINEER's sole discretion an item of material or equipment , 6.4.1. Purchasing Restrictions: CONTRACTOR proposed by CONTRACTOR is functionally must comply with the City's purchasing restrictions. A equal to that named and sufficiently similar so that copy of the resolutions are available for review in the no change in related Work will be required, it may offices of the Purchasing and Rick Vfann¢emertt be considered by ENGINEER as an "or -equal Division or the Citv Clerl: s office. item, in which. case review and approval of the , proposed item may, in ENGINF,ER's sole 6.4.2. Cement Restrictions: Ciry of Fort Collins discretion, be accomplished without compliance Resolution 91-121 requires that suppliers and producers with some or all of the requirements for of cement or products containing cement to ceruly that ao cepmnce of proposed substitute items. the cement was not made in cement kilns that bum 6.7.1.2. Substitute Items: If in ENGMER's sole ' hazardous waste as a fuel. discretion an item of material or equippment proposed by CONTRACTOR does not qualify as 6.5-. All materials and equipment shall be of good an "or -equal" item under subparagraph 6.7.1.1, it quality and new, except as otherwise provided in the will be considered a proposed substitute item. Contract Documents, All warranties ,and guarantees CONTRACTOR shall submit sufficient , specifically called for by the Specifications shall expressly information as provided below to allow run to the benefit of OWNER if required by ING WEER, ENGINEER to determine that the item of material CONTRACTOR shall furnish satisfactory evidence or equipment proposed is essentially equivalent to (including reports of required tests) as to the kind and that named and an acceptablesubstitute therefor. quality of materials and equipment All materials and The procedure for review by the ENG11,IEER will ' equipment shall be applied installed connected, erected, include the following as supplemented in the used, cleaned and conditioned in accordance with General Requirements and as F.NGNEER may instructions of the applicable Supplier, except as otherwise decide is appropriate under the circumstances. provided in the Contract Documents. Requests for review of proposed substitute items of material or equipment will not he accepted by Progress,Schedule: FNGiNEER from anyone other than ' CONTRACTOR If CONTRACTOR wishes to 6.6. CONTRACTOR shall adhere to the progress famish or use a substitute item of material or schedule established in accordance with paragraph 2.9 as it equipment. CONTRACTOR shall first make may be adjusted from time to time as provided below: written application to ENGINEEP for acceptance thereof, certifying that the proposed substitute will ' 6.6.1. CONTRACTOR shall submit to E,IGINII-R perform adequately the functions and achieve the for acceptance (to the extent indicated in results called for by the general desiUri, be similar paragraph 2.9) proposed adjustments in the progress in substance to that specified and be suited to the schedule that will not change the Contract Times (or same use m that specified The application will .\,filestones). Such adjustments will confirm generally state the extent, if any, to which the evaluation ' to the progress schedule then in ellect and additionially and acceptance of the proposed substitute will will comply with any provisions of the General prejudice CONTR\CTOR's achievement of Requirements applicable thereto. Subsuamial Completion on time, whether or not acceptance of the substitute for use in the Work 6.6.2. Proposed adjustments in the progress schedule will require a change in any of the Contract , that will change the Contract Times (or \-Glestones) Documents (or in the provisions of any other shall be submitted in accordance withthe requirements direct contract with OWNER for work on the of pamgmph L.I. Such adjustments may only be Project) to adapt the design to the proposed made by a Change Order or Written Amendment in substitute and whether or not incorporation or use accordance with Article 12. of the substitute in connection with the Work is ' subject to payment of any license fee or royalty. 6.7. Substitutes and "Or -Equal" Items All variations of the proposed substitute from that specified will be identifiedin the application and 6.7.L Whenever an item of material or equipment is available maintenance, repair and replacement specified or described in the Contract Documents by service will be indicated The application will ' using the name of a proprietary item or the name of also contain an itemized estimate of all costs or articular Supplier, the specification or description is credits that will result dircetly or indirectly from intended to establish the type, function and quality acceptance of such substitute. including costs of required Unless the specification or description redesign and claims of other contractors affected ' Eicoc OEsmv. CODUCIIO�.s 191" (1970 Eylioo I° ad C1 FY OF FORT COLLIhSMODIFIC:yr10NS(RLV4P000) by the resulting change, all of which will be considered by ENGINEER in evaluating the proposal substitute. ENGINEER may le We CONTRACTOR to furnish additional data about the proposed substitute. 6.7.1.3. CON724CT0R's Expense: All data to be provided by CONTRACTOR in support of any ' proposed 'or -equal" or substitute item will be at CONTRACTOR's cxpatse. 6.7.2. SirbrtYlute Construction Vd Lhoc& or Procedures: If a specific means, method, technique, ' sequence or procedure of construction is shown or indicated in and expressly required by the Contract, Documents, CONTRACTOR may furnish or utilize a substitute means, method technique, sequence or procedure of construction acceptable to ENGINEER. ' CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER'S sole discretion, to determine that the substitute proposed is equivalent to [Tint expressly called for by the Contract Documents.. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineers Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to ' paragraphs 6.7.1 2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "orequal" or substitute will be ordered installed or utilized without ENGDNEEWs prior written acceptance which wil I be evidenced by either a Change Order or an approved ' Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTR\CTOR's expense a special performance guarantee or other surety with Respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in ' evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7, 12 and 6.72 and in making changes in the Contract Documents (or in the provisions of any other direct. ' contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR; CONTRACTOR shall reimburse OWNM for the charges of ENGINEER and ENGIIEER's Consultants for evaluating each such proposed substitute item. 6.8. Concerning Subcontraclorv, Suppliers and ' Orhers: 6.5.1. CONTRACTOR shall not employ any Subcontractor. Supplier or other. person or organization (including those acceptable to OWNER and LIGNEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ' ENGMER may have reasonable objection. CONTRACTOR shall not be required to employ aqv Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom ' CONTRACTOR hits reasonable objection. EJCDC OENE&.jt. C ONDMO.151910 3 (1990 E(titim) V? CITY OF FORT COLLINSMODIFICATIONS(REV 1r000) 6_9, CONTRACTOR shall verfoita not less that[ 20 percent of the Work with its own forces (that is without subcontractinel: The 20 percent requirement shall be understood tore(er to the Work the valuc of which totals not less than 20 percent of the Contract Price 6.8.2. It tiw S rpplanxr¢ety Sondetions Biddine Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNER in -advance -of -the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER, —and -if OWNEWs or ENGINEER's acceptance (either in writing or by, failing to make written objection thereto by die date indicated for acceptance or objection in the bidding documents or the Contract Documents) of issuedwiH be wW 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 6NGfNEER. No aoccptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINFF,R to reject defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for allacts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishingany of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or org�anizadon any contractual relationship between OWNER or ENG[NE-ER and any such Subcontractor, Supplier or other person or organization. nor shall it create any obligation on the par of OWNER or ENGINEER Co pay or to'see to the payment of any moneys due arty such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. OWNER or ENGINEER may furnish to anv subcontractor, supplier or other person or organization evidence of amounts vaid to CONTRACTOR in accordance with CONTRACTOR'S "Applications for Pavment". 13 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work or Subcontractors. Suppliers and other persons . and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with the ENGINUR through CONTRACTOR 6.10. The divisions and sections of the Specifications and the identifications of anDrawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11, All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Wh.,ne ff any _.fie is ..:th 6 c a.,....a....AW OF o.__r......t,8 listed _ ee- ovided _:: <a .e_ e_ .. __ the C-0?FFR�\6TOR-and-thaSubcontntctor-fx-Sup*fi -wig arising-ertFeEot-resulting-froett-any-a€thrperils-eovarae}-by tha-W or�F�tha-irsurars-on-aiw-such-po4isizs-rayuira r c ..,..i'.,.. rn�rrD ,rrnD Will „ a,.,.'., the SR.., , Patent Fees and Royalties 6.12. CONTRACTOR shall pay all license feu 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 exient permitted by Laws and Regulations, CONTRACTOR shall indemniry and hold harmless OWNER. ENtG=-R, ENGINEERS Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, casts, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting kom the incorporation in the Work of any invention design process, product or device not specified in the Contract Documents. EXEC. GENERAL CONDITIONS I910-3 (1990 Editiaa) 14 u'1r1'tY OF FORT COLW-SMODIFICAHONS(REV4r000) Permits 6.13. (finless otherwise provided in theSupplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses: OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection feu 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 FNGTINTEER shall be responsible for monitoring CONTRACTOWs compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTORS primary responsibihity to make certain that the Specifications and Drawings arc in acordamc with Laws and Regulations, but this shall not relieve CONTRACTOR of CONI'RACrOR's obligations under paragraph 3.3.2. Trnxes 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar tares required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15.1. OWNER is exempt from Colorado State and local sales and use taxes on materials to be permanently incorporated into the Project. Said taxes shall not be included in the Contract price. CONTRACTOR must apply for, and receive. a Certificate of Exemption from the Colorado Department of Revenue for construction materials to be Dh sy icnlly incoMgmted into the project This Certification of Exemption provides that the CONTRACTOR shall neither pay nor include in his Bid 'Sales and Use Taxes on those building, and construction materials physically incorporated into the proiecl. Address: Colorado Department of Revrnuz State Capital annex I I I 1 1 1 I 1 1375 Sherman Street Denver, Colorado, 80261 Sales and Use Tastes for the State of Colorado. Rceic al Transportation District (RTD) and certain• Colorado counties are collected by the State of Colorado and arc included in the Certification of Exemption. All aoohwble Sales and Use Taxes (including State collected taxes), on any items other than construction and building materials Physically incorporated into the project are to be paid by CONTRACTOR and are to be included in appropriate bid items. Use ofPremises: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the opuatiorts of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility,- for any damage to any such land. or area, or to the owns or occupant thereof or of arty adjacent land or areas, resulting from the performance of the Work Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or othcrwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNNER. ENGINEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by' any such owner or occupant against OWNER. ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as tali tools, appliarees, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Subsuantial Completion of the WA-. CONTRACTOR shall restore to crigirat condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any Tan of any structure to be loaded in any manner ttat will endanger the Structure. nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: EJCDC GESIER.A1. CONDM OMS 191M (t 9" Edtim) eV/CITY OF FORT COLLINS MODIFICATIONS (REV Ar'000) 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 rph9.d) in good order and annorated to show all cmade during constrttctioa 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 Canal 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 oL and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.203. other property at the site or adjacent thereto, including trees, shrubs, lawns, walk; pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shaft 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 Undegound Faeifities 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 thmage, injury or loss to any property referred to in paragraphs 6.20.2 or 6.20.3 mused, 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 ENGINEII2 or Fri IGINEER'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 ornegligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shaft continue until such time right the Work is completed and fsNGEWER has issued a 15 LJ [1 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 ($1,000.00) for each calendar day or fraction thereof that expires after the Thirty Five (35) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. _ 2) Final Acceptance: After Substantial Completion, Five Hundred Dollars ($500.00) for each calendar day or fraction thereof that expires after the thirty(30) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: Two Hundred Ninety Seven Thousand Three Hundred Eighty Five Dollars and Fifty Cents ($297,385.50), 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 progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General ' Conditions and in the case of Unit Price work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. ' 5.1.1. Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been ' satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory completed in to them, there will be no additional retainage on account of Work which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90% of Section 00520 Page 2 notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise ctpressly provided in connection with Substantial Completion). 6.21. Safety Representative: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and Programs. Hazard! Communication Programs: 6.2'. 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.' 6.1 i. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations front the Contract Documents have been unused therebv. If ENGINEER determines that a change in the Contact Documents is squired because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action 6.24. Shop Drawings and Samples- 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINNEER 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 ENGLtNEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRm:r0R proposes to provide and to enable ENGINEER to review the information Cor the limited purposes rcxluucd by paragraph 6.26. 624.2. CONTRACTOR shall also submit Samples to LING rNEER 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 EJCDC GENERAL COUDITIoD:s 19I0S (199()Ec itim) 16 of CITY OF FOIir COLLINSMODIFICA'rIONS(REVI17000) purposes required by paragraph6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures: 6.25.1. Before submitting each Shop Drawing or Sample. CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.1.1 all materials with respect to 'attended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.3. nil infornntion relative to CONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.1_. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Coatmet Documents with respect to CONTRACTOR's review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINNEER for review and approval of each such variation 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with Lite schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGMER'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 ,tnven in the Contract Documents and be compatiblewith the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGMER'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 I11 t 1 L 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. arid 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 wrung to revisions other than the corrections called for by ENGINEER on previous submittals. 6.2Z ENGINEER's review and approval of Shop. Drawing or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGL\MER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and. ENGLNEER 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 Samplesubmissions accepted by ENGNEER as required by parograph2.9, any related Work performed prior to ENGINEER's review and approval of the laertinent submittal will be at the sole expense and responsibility of CONTRACTOR - Continuing the Mork 6.29. CONTRACTOR shall earry on the Work and adhere to the progress schedule wring all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.30. CONM4CTOR's General Warranty and Guarantee: 6.30A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGNEER's Consultants that all Work will be in accordance with the Contract Documents and will not be ekfecrive. CONTIZA(-TOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper mainterince or operation by persons other than CONTRACTOR, Subcontractors or Suppliers; or 6.30.12. normal wear arid tear under normal usage. 6.30.2; CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in E)MC CESEx at. CONDI 5 I91M (1990 &fiance) w: CRY of FORT COLUMuouiEtCanouS(REv.ta000) 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 EN WEER; 6.30.22. recommendation of any progress or final payment by ENGINEER; 6.30.2:3. the issuance of a certificate of Substantial Completion or arty payment by OWNER to CONTRACTOR' under the Contract Documents, 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6302.5. any acceptance by OWNER or any failure to do so; 6.302.6: 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.& any correction of ckfective Work by OWNER. lndenthifrrntion: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, EN0IIN ER ENGNI EERs 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 Lees and charges of engineers; architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss. of use resulting therefrom, and (ii) is caused in whole or in pan 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 arty of them may be liable, regardless of whether or not caused in part by any negligeme 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. 6.31 Ln any and all claims auainst OWNER or ENGUEER or any of their respective consultants, agents. officers, directors or employees by any employee (or the survivor or personal representative ofsuch employee) of CONTRACTOR any Subcontractor, any Supplier, arty person or organisation directly or indirectly employed by 17 any of them to perform or furnish any of the Work or anvone for whose acts any of them may be liable, the indemnification obligation under paragraph6.31 shall not be limited in any way. by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not "end to the liability of ENGINEER and ENGINEER's Consultants. officers, directors, employees or agents caused by the professional negligence, errors or am issions of any of them. Sarvirnl of Obligado= 634. All representations, indemnifications, warranties and guarantees made in. required by or given in accordance with the Contract Documents. as well as all continuing obligations indicated in the Contract Documents. will survive final payment, completion and nccepmnceof the Work and termination or completion of the Agreement. ARTICLE 7-OTHER WORK Related IVork 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 claim therefor as provided in Articles I I and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a pant to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWN ER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs Unless otherwise provided in the Contract Documents. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of 12�iGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this parasaph arc for the benefit of such utility owners and that other contractors to the extent there are comparable E)CUCGENEFUL CONDITIONS 1910 Y 119" E61 m) IS eel CITY OF FOR:r C'OLLM—MODIFICA'r10NS(REV 12000) provisions for the benefit of CONTRACTOR in said direct contracts between.OVNER and such utility owners and other contractors: 7.3. If the proper execution or results of any pan of CONTRACTOR's Work depends upon work perforated 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 constiture an acceptance of such other work as fit and proper for integration with. CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work Coordlaatios: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the follmvfng will be set forth. in Supplemenmry Conditions: 7.4.1. the person, finm.or corporation who will have authority and responsibility for coordination of the activitiesamong 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-OWN*ER'S RFSPUNSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER 8.2. In case of termination of the employment of ENGINEER. OWNER shall appoint an engineer against whom-EOi�FR-4ETOR-makes-nu-reasormblrobjeetiurt whose status under the Contract Documents shall be that of the former ENGINEER S3. OWWER shall furnish the data required or OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 9.4. Paragraph 4:2_ refers to OIWER'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 1 1 1 1 I structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. foFthtirparagxphs�Sthtough-S-iFk - 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 5.7. OWN-ER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. S.S. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER'S right to terminate services of CONTRACTOR undcr «rain circumstances, 3.9. The .OWNER shalt not supervise, direct or have control or authority over, nor be responsible for. -CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and .programs incident thereto, or for any failure of CONTRACTOR to comply with laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or fairish the Work in accordance with the Contract Documents. sin OWNSR2s r nsibirty in respect ofyndisslesed. ASbe•.,,,.. pro,. o.,w,.i_„ff v_.„.a_.. iir,,,.,.. Radioaetiv0-ivfaEiflPiS-etrif6veF2d-t-KVenled-aEEh0-9tF2-i9 seEferdrin-p..p'-,.-n�. 5-11. IF tun! -tat he extent G;'P;SPi Has --Feed it) Ramesh aurnngements-Lava-hoer-mach-to-sn[ sfy-O>l4 tER's under the GamrRet DaeurntriK—G4VNE�' rasponsabdlty-un-Fespeet-theraoFwlll-be-ns-Se[-forth-m-tlw Supplementary condieorr' ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION OWNF-R's Representative: 9.1. ENGINEER will be OWNER's representative during the construction Period. The duties and responsibilities and the limitations of authority of ENGINEER as OLWi ER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and I NG t`i LEER Fisits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGIV-EER deems necessary inorder to obsme as an experienced and qualified design professional the progress EKDCGENaL%L C'ONDMOM' 1910-9(1990 Erbtim) WICITY OF FORT COLLM MODIFICATIONS (REV.11-000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work_ Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustiveor continuous on - site inspections to check the quality or -quantity of the Work: ENG NEER'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 observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINEER's visits and on -site observations arc subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph '9.13,-and particularly, but without limitation, der ng or as a result of ENGI_NEER's on -site visits or observations of CONTR.4CTOR's Work ENGINEER will not 'supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for. any failure of CONTRACTOR to comply with Laws and Regulations applicable to the far istung or performaniceof the Work. Project Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGMER in providing more continuous observation of the Work. 'Ihe responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs9.3 and 9.13. „_•a in iihe Suppl............. Conditions of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in pasragnph 9.3 of these General Conditions If the F.NCriNF,ER furnishes a Resident Project ReRresrntative (RPRI or other assistants, or if the OWNER designates a Representative or agent, 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 subject to the following: 9.3.1. The Representative's deahr�s in matters pertaining to the on -site wort: will in eeneraf, be with the ENGINEER and CONTRACTOR But the Representative will keep the OWNER prooeriv advised about such matters. The 'Representative's dealimrs with subcontractors will only be through or with the full knowledge and approval of the CONTRACTOR 9.3.2. Duties and Resocrnsibilities. Representative will: 9.3.2.1_Schedules - Review the progress 19. t schedule and other schedules prepared by the CONTRACTOR and consult with the R4012NEER concerning acceptability. 9.3.2.2. Conferences and Mceting - Attend meeting with the CONTRACTOR such as preeonstruction conferences, protress meeting and other iob conferences and prernre and circulate copies of minutes of meetings, 9.3.23. Liaison 93.2.3-1. Serve as ENGINEER'S liaison with CONTRACTOR working; principally through CONTRACTOR'S superintendent to, assist the CONTRACTOR in understanding the Contract Documents. 9.3.2.3.2. Assist inobtainin� from OWNER additional details or information, when required for proper execution of the Work 9.3.2.3.3. Advise the ENGINEER and CONTRACTOR of the mmmem ment of anv Work requiring a Shop Drawing or sample submission if the submission has not been approved by the Eg"NGINEER. 9.3.2.4.Review of Work. Rejection of Defective Work, Inspections and Tests 9.3.2.4.1. Conduct on -site observations of the Work in progress to assist the ENGINEER in determining that the Work is proceeding in accordance with the Contract Documents. 9.3.2.4.3. Accompanv visiting " ectors representing public or other agencies having iurisdi'ction over the Proiect, record the results of these insmfions and report to the ENG Ii IEER. 9-3 2.5. InterMtition of Contract Documents. Report to ENGINEER when clarifications and interpretations of the Conuacl Documents are needed and transmit to CONTRACTOR clarification and interpretation of the Contract Documents as issued by the ENGINEER 9.3.2.6. Modifications. Consider and evaluate COMITACMR'S suggestions for EJCDC(jESM%LCouDMONS19tosi1990E66mi vvi ary of roar Cotu rs MODmC.ynOSS uu y.tanoo> modification in Dmwines or Specifications and report these recommendations to. ETIGINEER. Accurately uansnit to CONTRACTOR decisions issued by the P, tGMER 9.3.2.7.-Recoids. 2�.z�8__R&INL 9.3.2.8.1. Furnish LNG tNEER periodic reports as required, of the progress of the Work and of the CONTRACTOR'S cqt ipltance with the 2MIe schedule and schedule of shop Drawing and sample submittals, 9:L2.8.2. C,Q;tglt with ENS,INE)r& ui advance or schedulirg mnjor tests. inspections or start of unportant phases of the Work 9.3.2.83. Drift proposed Change Orders and Work Directive Changm obtaining backup material from the CONTRACTOR and recommend to ENGINEER Change Orders. Work Directive Chrarees and field orders 9.3.2.8A Report immedintely to ENGINEER and OWN ER the occurrence of anv accident. 9.3.2.9. Pavment Requests. Review applications for payment with CONTRACTOR for compliance: with the established procedure for their submission and forward with recommendation to I ENGINEER noting particularly the relationship of requiremtms of the Contact Documents (in the form of the pent requested to the schedule of values, payment Drawings or otherwise) as ENGINEER may determine work completed and materials and necessary, which shall be consistent with the intent of and ffiggent delivered at the site but not incorporate l m the reasonably inferable from the Contract Documents, Such WIXIG written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER or 9.3.2.10..Corn pletion. CONTRACTOR believes that a written clarification.or interpretation justifies an adjustment in tha'Contract Price 9.3.2.10.1. Before ENGINEER issues a or the Contract Times and the parties are unable to agree Certificate of Substantial Completion. submit to the amount or e.`aent thereoL If any; OWNER or to CONTRACTOR a list of observed items CONTRACTOR may make a written claim therefor as recruiting correction or completion provided in Article 1 I or Article 12. 9.3.2.10.2. Conduct final inspection in the .Authorized Variations in Work: mmnerty of the ENGINEER, OWNER and CONTRACTOR and prepare a final list of 9.5: ENGINEER may authorise minor variations in items to be corrected or completed. the Work fiom the roquaements of the Contract Documents which do not involve an adjustment in the ' 93.2,10.3. 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 functioningwhole as indicated by the Contract concemin¢ acceptance. Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on ' 9.3.3. Limitation of Authority: The Representative shall CONTRACTOR who shall perform the Work involved not: promptly. If OWNER or CONTRACTOR believes that a Field Orderjustifics an adjustment in the Contract Price or 9.3.3.1. Authority anv deviations from the the Contract Times and the parties are taxable to agrec.as Contract Documents or accept any substitute materialsor equipmm% unless authorized by t eh to the amount or eartent thereof, OWNER or CONTRACTOR may make a written claim therefor as ENGINEER. provided in Article I I of 12.. 93.32. Escccd limitations of ENGINEER'S Rejecting Defective Work authority as set forth in the Contract Documents. 9.3.3.3. Undertake any of the responsibilities 9.6. ENGINEER will have authority to disapprove or ' of the CONTRACTOR. Subcontractors, or reject Work which ENGIN`HR believes to be defective, CONTRACTOR'S nemntenjot< . or that ENGTiVEER believes will not produce a completed Project that conforms to the Contract Documents or that 9.3.3.4. Advise ort or issue directions rela[jve will prejudice the integrity of the design concept of the to or assume control over anvv aspect of the completed Project as a functioning whole as indicated by ' means, methods, techniques sequences or the Contract Documents. E'Ji GRIEER will also have procedures for construction unle*s such i; authority to require special nspection or testing of the specifically called for in the Contract Documents. Work as provided in paragraph 13.9. whether or not the Work is fabricated, installed or completed. 9.3.35. Advise on or issue directions wadi or assume wntrQI over safety Shop Drawings, Change Orders andPaVmenis: precautions and protsams in connections with the Work. 9.7, In connection with ENGLNEER's authority as to Shop Dmwings and Samples see paragraphs 6.24 through 9.3.3.6. Accept Shop Drawings or sample 6.28 inclusive. ' submittals from anyone other than the CONTRACTOR 9.8. In connection with ENGENEER's authority as to Change Orders we Articles 10. 11, and 12. 9.3.3.7. Authorize OWNER to occupy the Work in whole or in part. 9.9. In connection with ENGLNEER's authority as to ' Applications for Payment, see Article 14. 9.3.3.8. Participate in specialized field or laboratory tests or inspections conducted by others Determinations jar Unit Pricer except as specifically authorized by the ENGINEER 9.10. ENGINEER will determine the actual quantities ' and classifications of Unit Price Work perforated by Clarifications and Interpretations: CONTRACTOR. E:NGE4EER will review with CONI'RACI'OR the ENGINE:ER'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 EICDCGENERAL CONDITION5191" (1990 Editim) 21 w'/ CITY OF FORT COLLINS MODIFICATIONS (REV •1¢000) 1 for Payment or otherwise). ENGIv"EIMM written decision decision. unless otherwise agreed in writing by OWNER thereon will be final and binding upon OWNER and and CONTRACTOR - CONTRACTOR. unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR 9.13. When functioning as interpreter and judge under , delivers to the other and to ENGINEER written notice of paragraphs 9.10 arxl 9.11, ENGINEER will not show intention to appeal from ENGNEER's decision and (i) an partiality to OWNER or CONTRACTOR and will not be Cable appeal from ENGINEER's decision is taken within the time in connection with any interpretation or decision limits and in accordance with the procedures set forth in rendered in good faith in such capacity. The: rendering of Exhibit GC -A,. "Dispute Resolution Agreement', entered a decision by ENGINEER pursuant to paragraphs 9.10-or ' into between OWNER and CONTRACTOR pursuant to 9.11 with respect to any such claim, dispute or other .article 16. or (i) if no such Dispute Resolution Agreement matter (except any which have been waived by the making Ions been entered into, a formal proceeding is instituted by or acceptance of final payment as provided in the appealing party in a forum of competent jurisdiction to paragraph 14.1 5) will be a condition precedent to any exercise such rights or remedies as the appealing party may acerciseby.OWNER or CONTRACTOR of such rights or ' have with respect to ENGNEERs decision, unless remedies as either may otherwise have under the Contract oth cr%isc agn cd in writing by OWNER and Documents or by Laws or Regulations in respect of any CONTRACTOR Such appeal will not be subject to the such claim. dispute or other matterp. procedures of paragraph 9.11. 9.13. Limitations on LVGINEER's Authority and t Decisions on Disputer Responsibilities. 9.11. ENGINEER will be the initial interpreter of the 9.13.1. Neither FNGNEERs authority or requirements of the Contract Documents and judge of the responsibility under this Article 9 or under am other acceptability of the Work thereunder. Claims, disputes and provision of the Contract. Documents nor any decision ' other matters relating to the acceptability of the Work or made by. ENGINEER in good faith either to exercise the interpretation of the requirements of the Contract or notexercise such authority or responsibility or the Documents pertaining to the performance and furnishing of undertaking, exercim or performance of any authority the Work and claims under Articles 1 I and 12 in respect of or responsibility by ENGINEER shall create, impose changes in the Contract Price or Contract Times will be or give rise to any duty owed by ENGINEER to referred initially to ENGINEER in writing with a request CONTRACTOR, any Subcontractor, any Supplier; , for a formal decision in accordance with this paragraph, any other person or organization, or to any surety for Written notice of each such claim, dispute or other matter or employee or agent of any of them. will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event 9.13.2. ENGINEER will not supervise, direct, Later tnan thirty days) after the start of the occurrence or controlor have authority over or be responsible for ' event giving rise thereto, and written supporting data will CONTRACTOR's metms, methods, tech mques, be submitted to ENGINEER and the other party within .sequences or procedures of construction, or the safety sixty days after the start of such occurrence or event unless precautions and programs incident thereto, or for any ENGINEER allows an additional period of time for the failure of CONTRACTOR to comply with Laws and submission of additional or more accurate data in support Regulations apphcable to the furnishing or ' of such claim, dispute or other matter. The opposing party performance of the Work. ENGINEER will not be shall submit any response to ENGINEER and the claimant responsible for CONTRACTOR's failure to perform within thirty days after receipt of the clairnant's last or furnish the Work in accordance with the Contract submittal (unless ENGINEER allows additional time). Documents. Ili IGINEER will render a formal decision in writing within ' thirty days alter receipt of the opposing party's submittal, if 9.13.3. ENG L[NEER will not be responsible for the any, in accordance with this paragraph ENGNEER's acts or omissions of CONTRACTOR or of any written decision on such claim, dispute or other matter will Subcontractor, any Supplier, or of my other person or be foral and binding upon OWNER and CONTRACTOR organization performing or furnishing any of the unless: (i) an appeal from EN hGNEERs decision is taken Word:. ' within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A. "Dispute 9.13.4. ENGINEER's review of the final Application Resolution Agreement, entered into between OWNER and for Pavment and accompanying documentation and CONTRACTOR pursuant to Article 16, or (i) if no such all maintenance and operating instructions, schedules, Dispute Resolution Agreement has been entered into, it guarantees, Bonds and certificates of inspection, tests ' written notice of intention to appeal from ENGINEER's and approvals and other documentation required to be written decision is delivered by OWNER or delivered by pamgraph 14.13 will only be to CONTRACTOR to the other and to LNGUEER within determine generally that their content complies with thirty days after the date of such decision and a formal the requirements of, and in the case Of certificates of pro«cding is instituted by the appealing party in a forum of inspections, tests and approvals that the results t competent jurisdiction to exercise such rights or remedies certified indicate compliance with, the Contract as the appcofing party may have with restart to such claim, Documents dispute or other matter in accordance with applicable Laws and Regulations within sixty clays of the date of such 9.13.3. The limitations upon authority and ' EKDC GENER:V. t3�NUIl70NS 19I OS (1990 Ertitim) -' e'/Cl'YOFF'OR'r OOLLINS,XIODIFICA'rIONS([tEV�b?000) ' 11 i 1 0 LEI n responsibility set forth, in this paragraph 9.13 shall also apply to ENGINEER's Consultants; Resident Project. Representative and assistants. ARTICLE 10-CELI:NGES IN TIE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at anytime or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by Written Amendmen4 a Change Order, or a Wad: 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 e-\rmt, if any, of are adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work. Change Directive, a claim may be made therefor as provided in Article 11 or o-lrticle'12. 10.3. CONTRACTOR shall not be entitled to an incrase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not requited 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 inpamgmph 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 ENGINNEER (a Written Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.li (ii) required because of acceptance of defic'five Work tinder paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iu) agreed to by the parties: 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties: and 10.4.3. changes in the ContractPriceor Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract. Documents and. applicable Laws:and Regulations, but during anv, such appeal, CONTRACTOR shall_ carry on the Work and adhere .to the progress schedule as provided in paragraph 6.29. 10.0. If notice of any change aXectmg the general scope of the Work or the provisions of the Contract Documents EXI)CGENERA11. CONDITIONS 1910-8 OWO Edna) w/ CITY OF FORT COLLI NS MODIFICA'11ONS (RLV dr'000) (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,6ivin*. of any. such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE It-CHMNGE OF CONTRACT PRICE 11.1. The. Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work 'All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shah be at CONTRaCTOR's expense without change in the Contract Price. 1 l 2. The Contract Price may only be changed by a Change Order or by a Written Amendment Any claim for an adjustment in the Contract Price shall be based on written notice- delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) alter the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event All claims for adjustment in the Contract Price shall be determined by ENGRTEER in accordance with paragraph 9.l l if OW N'LR and CONTRACTOR cannot otherwise agree on the amount involved No claim for an adjustment in the Contact Price will be valid if not submitted in accordance with this paragraph 112. 11.3. The value of any Work coveredby a Change Order or of any claim fa an adjustment in the Contract Price will be determined as follows: l I.;.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such LLNt prices to the quantities of the items involved (subject to the provisions of 23 I paragraphs 11.9.1 through 11.9.3. inclusive); 11.3.2.where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhi ad and profit not necessarily in accordance. with paragraph 1 L6.2); 11.3.3. where.the Work involved is not covered by unit prices contained in the Conttract Documents and agreement to a lump sum is not reached under paragraph 11.3-2, on the basis of the Cast of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACT'OR's fee for overhead and profit. (determined as provided in paragraph 1.1.6). Cost of die Work I L4. The term Cost of the Work means the. sum of all costsnecessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise. may be agreed to in writing by OWNER- such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall nor include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the site. Payroll costs for employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; but -not. be limited to salaries and wages plus the cost of fringe benefits which shall include social security contributions,. unemployment, excise and pavroll taxes, workers' compensation health and -retirement benefits; bonuses; applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments; in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER and CONTRACTOR shall make provisions so that they may be obtained, 11.4.3. payments made by CON'rR.ACI'OR to the Subcontractors for kVork perforated or furnished by Subcontractors. If required by 0%%WER, FJCDC GENEF-AL CONDITIONS 19 t OS (1990 EJid n I 24 tv/Cl'ry of FORT COLLIVSMODIt9CA riONS(RLV4P_000) CONTRACTOR shall obtain competitivebids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor isto be paid on the basis of Cost of the Work plus a fee, the Subcontractors Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Workand fee as provided in paragaphs l 1,4, 115, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar asapplicable: 11.4.4. Costs of special consultants (including but not limited to engineers, architccts, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 'The proportion of necessary transportation, travel and subsistence expenses of CONTRAC'rows employees incurred in discharge of duties connected with the Work. 11.4.5 _. Cost, including - transportation and maintenance; of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR 11 A.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented. from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice oFENGINEER and the costs of transportation, loading, unloading, installation. dismantling and removal thercof-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. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. I IAi.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by Insurance or otherwise; sustained by CONTRACTOR in connection with the J 1 1 J n d I I [1 performance and famishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.91 provided they have resulted from causes other than the negligence of CONTRACTOR any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts'any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages .and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. IC however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities; fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service, at the site, expressage and similar petty rash items in, connection with the Work. 11.4.5.9.. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The tens Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other comperimtion of CONTRACTOR's officers, executives, principaLs (of partnership and sole proprietorships), general managers, engineers, architects• estimators; attorneys, auditors, accountants, purchasing and contracting agents,. expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR'S principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4--d1 of which are to be considered administrative costs covered by the CONTRACTOR's fee. 11.52. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR' office at the site. 11.5.3. Any pan of CONTRACTOR's capital expanses, including interest on CONTRACTOR'S capital employed for the Work and charges against COMBACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the sane (except for the cost of premiums covered by subparagraph 11.4.59 above). E1CIX: GENEEt.u, CONDITIONS 19105 (I'17U E�titimj w/ CITY OF FORT COLLh6 ]CODIFICATIONS (REV-1,-000) 11.5.5. Costs due to the negligence of CONTRACTOR any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general e..,pense costs of any kind and the costs of any item not specifically and expressly included in paragraph It -4. 11.6. The CONTRACTOR'S fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fired fee; or 11.6.1 if a fixed fee is not agreed upon, then a tee based on the following percentages of the various portionsof the Cost of the Work: 11.6.2.1. for costs- incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2. for casts incurred under paragraph 11.4.3, the CONTRACTORs fee shall be five percent, 11.62.3where one or more tiers of subcontracts are on thebasis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2,_ 11.4.3 and 11.6.2 is that the .Subcontractor who actually performs or furnishes the Work, at whatever tier. will be paid a fee of fifteen percent of the costs incurred by such Subcontractor tinder paragraphs 11.4.1 and 11.42 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fat uFfiva parcmt oFtha autounf paid Fo Fhertex4bwertier$ubeontractar; to be negotiated t�000d faith with the OWNER but not to ex=d five percent of the amount paid to the neat lower tier Subcontractor. 11.6.2.4. no fee shell be payable on the basis of costs itemized under paragraphs 11.4.4. 11.4.5 and 11.5; 11.6.2.5 the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in.CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one charge, the adjustment in CONT'RACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2_5, inclusive. 11.7. Whenever the doss of any Wort: is to be 25 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. 1 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 responsibility for obtaining obtained and carefully studied and carefully studying) all such (or assumes examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the ' Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown ' or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, Section 00520 Page 3 determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will establish and "maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an item ized cost breakdown together with supporting data. Cash.411owances: I I.S. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER CONTRACTOR agrees that: II.S.I. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site. and all applicable taxes; and 11.8.2. CONI'RACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Rice and not in the allowances and no demand for additional Payment on amount of any of the. foregoing will be valid. . Prior to final payment, an appropriate Change Orderwill be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. firth Price [('irk• 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contact 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 net guaranteed and are solely for the purpose of comparison of Bids and determinvy 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 CON-fRACTOR's overhead and profit for each separately identified item. 11.9.3.OWNER or CONTRACTOR may make a claim for an adjustment in the Comma Price in accordance with Article II if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and sig,idtcantly from the estimated quantity of such item indicated in the Agreement; tacos OEV ETt kL CONDITIONS 19 nos (1990 EdGtiad) 76 a'ICIY OF F'oR'r COLLIh'S?IODIFICATIONS(ftEVaROOO) and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contact 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 anv such increase or decrease. 11.9.3.4. CONTRACTOR acknowledges that the OWNER has the right to add or delete items in the Bid or chance quantities at OWNER'S sole discretion without affecting the Contact Price of anv remaining, item so long as the deletion or addition does not exceed twenty-five Percent of the original total Contact Price. ARTICLE 12—CHANGE OFCOPNTIL\CTTINIES 12.1. The Contract Times (or Milestones) may only be changed by a .Change Order or a Written Amendment. Any claim for an adjustment of the. Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless E'NGFNE.ER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with pamgmph 9.1 I if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from completing any par of the Work within the Contract Times (or Vfilestones) due to delay beyond the control of CONTRACTOR, the Contact Times (or Milestones) 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 skill include, but not be limited to, acts or ncJcct by OWNTER. acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7. furs, floods.. epidemics, abnormal weather conditions or acts of God. Delays attributable to and I r— J 1 1 J 1 1 1 [1 1 II� within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Mileswnes) due to delay beyond the control of both OWNER and CONTRACTOR an extension of the Contract Times (or Milestones) iin.an amount equal to the time lost due to such delay shall beCONTRACTOR'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 CONTRACTOR, 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 rx other contractors performing other work as contemplated by Article 7. .ARTICLE t3—TESTS AND INSPECTIONS; CORRECTION, REs41O4VAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR All defective Work may be rejected, corrected or accepted as provided in this .Article 13. Access to Work: 13.2. OWNER s1i GNEER ENGINEER's Consultants, other representatives and personnel of OWNER independent testing laboratories and govemmemal agencies with jurisdictional 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 safity procedures and programs so that they may comply therewith as applicable. Tests and Inspections: 13.3. CONTRACTOR shall gyve 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.= below, 13.4.2. that costs incurred in concoction with tests or inspections conducted pursuant to paragraph 13.9 EJCDC OENER.V. CONDMO,% 19 tns (1990 Edtim) «/CITY OF FOR COLLINS MODIFICATIONS (RLV •10000) below shall be paid as provided .in said paragraph 13.9; and 13.4.3as otherwise specifically provided in the Contract Documents 13.5. IC Laws or Regulations of any public body having jurisdiction require any Work (or part thereol) 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 inconnection therewith, and furnish ENGINEER the required certificates of inspection.. or: approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections. tests or approvals required forOWNERs and FNGINEER'sacceptance 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, testedor approved is covered by CONTRACTOR without written concurrence 'of EN, GrNEFR, it must, if requested by FNGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given FNGINEER timely notice of CONTRACTOR's intention to cover the sane and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.& If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER be uncovered for IRNGINEERs observation and replaced at CONTRACTOIts expense. 13.9. If FNGrKFER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's rcqumt. shall uncover, expsue or otherwise make available for observation inspection or testing as G:NGNEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages causes] by, arising out of or resulting from such uncovering, exposure. observation, inspection aril testing and of satistiactory .replacement or reconstruction (including but. not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and if the parties are unable to agree as to the amount thereof may make a claim therefor as provided in Article 11. If. however. such Work is not found to be aefeeriva, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or \Milestones), or both, directly attributable to such 27 uncovering, exposure, observation, inspection, testing, replacement and reconstruction and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles I I and 12. 0WNER May Stop the. Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Workwillconform to the Contract Documents, OWNER may order CONTRACTOR to sto the Work, or any portion thereof, until the cause for such order has been elimnmtted; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work•. 13.11. If required by ENGINEER,. CONTRACTOR shall promptly, as directed, either correct all defective Work; whetter or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, casts, 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 ours). 13.12. Correction Period" 13.12.1. If within one 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 terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be ckfeetive, CONTRACTOR shall promptly, without ecst to OWNER and in accordance with OWNER'S written instructions: (i) correct such cfective Work, or, if it has been rejected by OWNER remove it from the site and replace it with Work hit is not defective, and (ii) s:nhsfactordy 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 May would cause serious risk of lass or damage. OV1rER may have the defective Work corrected or the rejected W"orl: removed and replaced and all claims, costs losses and damages caused by or resulting Item 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 Stan to run from an earlier date if so provided in the Specifications or by Written Amendment 1112.3. Where defective Work (and damage to other 7S EJCDCGENER.U. CONDMON519103(1990 Edtim) wi CFry OF FoR'r COLLINS NIODIFICATIONS (REV 4WMOO) 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 anti year two veers alter such correction or removal and replacement has been satisfactorily completed Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (arttl, prior to ENGINEER's recommendation of final paymem also ENGNEER) preters to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs. losses and damages attributable to OW'NF.R's evaluation of and determination to accept such defective Work (such casts to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of Enid payment a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim. therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount.will be paid by CONTRACTOR to:OWNER. OWNER dlap Correct Defective Work. 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required Ica ENGINEER in accordance with paragraph 13.1 I, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents. OWNER may, after seven days' written notice to CONTRACTOR; correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER skill proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, Like possession of all or part of the Work, and suspend CONTRACTOR's services related thereto,. take possession of CONTRACTOR'S tools, appliances, construction equipment and machinery at the site and incorporate in the ,Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER OWNLRs representatives, agents and employees. OWNER's other contractors and ENGINEER and LINGTNEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph. rV I claims, costs, loses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Omer will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are notable to ag ore as to the amount thereof. OWNER may make a claim therefor as provided in Article. 11. Such claims, casts, lasses and I 1 e 1 1 1 1 1 L 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 Wort:. CONTRACTOR shall not be allowed an extension of the Contract Tames (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—PAYNfENTS TO CONTRACTOR AIND COMPLETION Schedule of Values 14.1. The scheduleof values established as provided in paragraph 2.9 will serve as the basis for progress payments and [sill 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 Progrew Payment 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month). CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by WNTR-AGl'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 free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement Any funds that are withheld by the OWNER shall not be subiect to substitution by the CONTRACTOR with securities or any amngements involving an escrow or custodianship. By exocuting the application for a ment form the CONTRACTOR expressly waives his right to the benefits of Colorado Revised Statutes, Section 24-91-lot et seg. CO4TPACTOR's Warranty of Tide: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of.4ppfications fur Pro 7esr Payment 14.4. ENGINEER will, within ten days after receipt of each Application for Payanen4 either indicate in writing a EJC DC OENER.{L CONUMOM 1910S (1990 2(5ticn) n'/ CITY OF FORT COLLINSMODIFICATIONS tRLV W000) recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may, make the necessary corrections and resubmit the Application. Ten days after presentation of the Application. for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR 14.5. ENGINEER'S recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OIVNER, based on ENGNEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Paymcnt.and the accompanying data and schedules; that to the best of ENGINEER's knowledge; information and belief: 14.5.1. the Work hasprogressed to the point indicated 14.5.2. the ;quality of the Work is generally in accordance with: the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications, stated in the recommendation), and . 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGNEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity. of the Work beyond the responsibilities specifically assigned to E\GINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by O4iNER or entitle OWNER to withhold payment to CONTRACTOR 14.6. ENNGINEERS recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance. of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. 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. OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended. to such extent as may be necessary in BNGINEER's ..opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Written AmendmentorChange Order, 14.73. OWNER has been required to correct dajactive Work or complete Work in accordance with paragraph 13.14. or 14.7.4. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work, 14.7.6. Licns 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 Lien, 14.7.7. there are other items emitting OWNER 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 tdnrough 14.7.3 or paragraphs15.2.1 through I i.2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to F.NGfNFER) stating the reasons for such action and promptly pay CONTRACTOR the amotmt so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR when CONTRACTOR corrects to OAVNER's satisfaction the reasons for such action Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire lVok is substantially ccmplete (except for items specifically listed by CONTRACTOR as incomplete) and request that E NIGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, O NI ER CONTRACTOR and ENGNEEt shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete. ENGUEEt will notify CONTRACTOR in waiting giving the reasons therefor. If F.NGINF.F.R EXEC OENER,V. CONDITIONS 1910.3 (1990 Edaim) 30 �r'/ CITY OF FORT COLLI'NSMODIFICA RONS(REVJP_000) considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER ER shall have seven days after receipt of the tentative certificate during which to make written objection to 24G1NEER as to any provisions of the certificate or attached list.. 11, after considering such objections, ENGINEER concludes that the Work is not substantially complete,.EVGIN-EER will within fourteen days alter submission of the tentative certificate to OWNER notify CONTRACTOR in writing,. stating the reasons therefor. IL after consideration of OWNER's objections, DIGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tcrdative certificate as ENGMER 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 fund payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to FNGINFER's issuing the definitive certificate of Substantial Completion, ENGINEIR's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall hive the right to exclude CONTRACTOR from the Work after the date of Substantial Completion. but OWNER shall allow CONTRACTOR reatsomable access to complete. or correct items on the tentative list. Partial Urifizadon: 14.10. Use by OWNER at OiWER's option of any substantially completed part of the Work which: (i) has specifically been identified in the Contract Documents, or (ii)OWAR, IRNIGR=- 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 accomptished prior to Substantial Completion of all the Work subject to the following: I4.I0.LOWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work whichOWNER WNER believes to be ready for its intended use and substantially complete. If CONTRACTOR amees that such part of the Work is substantiatly complete, CONTRACTOR will certifv to OVNEk and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that pan of the Work. I 1 11 11 CONTRACTORat any time may notify OWNER and ENGMER in writing that CO, (TRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of. the Work Within a reasonable timeaftereither such request, 'OWNER CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion If ENGINEER deesnot consider that part of the Work to be substantially 'complete, ENGINEER will notify OWNER and CONTRACTOR: in writing giving the reasons therefor. IfENGWEER considers that part of the Work to be substantiallycomplete. the provisions of paragraphs 14.3 and 13:9 will'appiywith 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 3:13 in.respectof property insurance. Final Inspection: 14:11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to. complete such work or remedy such deficiencies. Final Application for Pgnient: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules; guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRACTOR may make application far fired pavment following the procedure for progress payments. Thermal Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, includingbutnotlimited to the evidence of insurance required by subparagraph 5.4.13, (it) consent of the surety, if any, to fatal payment, and (iii) complete and legally effectivereleases or waivers (satisfactory to OWNER) of all Liens arising out of or tiled 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 fled, and (la)all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in. any way be responsible have been paid or othenv se satisfied 'I f any Subcontractor or Supplier fails EJCDC GENERA. CONDITIONS 1910-8 (1990 Edtim) IV/ OTY OF FORT COLLiMMOMFICATIONS tREV V-000) to furnish such a release or receipt in full. CONTRACTOR may fumish'a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien- Releases or waivers of liens and the consent of the suretv to finalize oavment are .to be submitted on forms conformingto the format of the OWNER'S standard Corms bound in the Proied manual. Final Payment andAceeptance: 14.13. If, on the basis :of ENGWEER's observation of the Work during construction and fatal inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents. ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled ENGINEER will, within tcn days after receipt of the final Application for Paymen4 indicate in writing ENGINEER's -recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable. subject to 'the provisionsof paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating. in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance .and with ENGINEEWs recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subicet to paraamoh 17.6.^_ of these General Conditions. 14.14. IC through no fault of CONTRACTOR final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR'S final Application for Payment and recommendation of ENG .VEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnishedas required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work Cully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims Waiver. of Claims. 14.15. The making and acceptance of final payment will constitute: 14.l i-I. a waiver of all claims by OWNER against CONTRACTOR except claims arising from unsettled Liens, from defective Work appearing after 31 frral inspection pursuant to paragraph 14,1 I, from failure to comply with the Contract Documents or the terns of any special. guarantees specified therein, or from CONTRACTOR•s continuing obligations under the Contract Documents, and 14.15.2.A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled ARTICLE 15--SUSPENSION OF WORK AND TMUNATION OlW£R May Suspend Mork: 15.1. At any lime and without cause. OWNER may suspend the Worker any portion thereof for a period of not .more than ninety days by notice in wrttmg to CONTRACTOR and ENGINEER which will fix the date. on which Work will be resumed CONTRACTOR shall restune.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 arry such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNER ,flay Terminate. 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Docurncncs (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragmph 2.9 as adjusted from time to time pursuant to paragraph 6.6); I5:2:2. if CONTRACTOR disregards Laws or Regulations of any public body htvingjurisdictiom 15.2.3. if CONTRACTOR disregards the authority of EN'GRN=—R: or 152.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents, OWNER may, after ggiving CONTRACTOR (and the surety, if any) seven days' written notice and to the extent ,permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the -site and use the Same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER Ivas paid MUC GENERA. CONUFRO`:S 1910-3 (1990 Edda') 32 %V10 YOE FORT COLLINSMODIFICATIONS(RV4R000) CONTRACTOR but which are stored elsewhere, and Finish the Work as OWNER may deem expedient., In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished If the unpaid balance of the Contract Price exceeds all claims, coat& losses and damages sustained by OWNER arising out of or resulting, from completing the Work such excess will be paid to CONTRACTOR Ifsuch claims; costs„ losses'and damages exceed such unpaid. balance, CONTRACTOR shall pay Ihc�difference to OWNER. Such claims, costs. losses and damages incurred by OWNER will be reviewed by ENGINaR asto their reasonableness and when so approved by ENGINEER incorporated in aChange Order, provided that whenexercising any rights or remedies under this paragraph OWNER. shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so terminated by OWNER the termination will not. affect any rights- or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due cONTRACrOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER; OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4,1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of temtination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective (late of termination in perfonnmg 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; 15.4.1 for all claims• costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliersand others; and Ii,4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on acccwnt of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination- CONMICTOR'May Stop Work or Terminate: 15.5. IC 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 EMUNEER fails to. act on any Application for payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may,. upon Seven days' written notice to OWNER .and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the'same.terms as provided in paragraph 15.4. In lieu of terminating the Agreement and withow prejudice to any other right-orr remedy. if ENGNNEER has failed to. act on an Application for Payment within thirty days after it is submitted or OWNER has faded for thirty days to. pay CONTRACTOR any sum finally determined to be due,. CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR including interest thereon The provisions of this paragraph 15.5 are .not intended to preclude CONTRACTOR from making claim under Articles I and 12 for an increase in Contract. Price or Contract. Times or, otherwisefor expenses or damage directly attributable to CONTRACTORS stopping Work as permitted by this paragraph, ARTICLE I6-1)(SPUTE RESOLUTION If and to.the coent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Fxhibit GC -A, "Dispute; Resolution Agrecincrt", to bcattachcd hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been.reached, and subject to the provisions of paragraphs 9.10, 9.11 and 9.12. OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—MISCELLANEOUS Gi.vng Notice: IZL 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 rum, or to an officer of the corporation for whom it is intended or if delivered at or sent by registered or certified mail, postage prepaid to the last business address known to the giver of the notice. 17.2. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days. it will be computed'to eeclude the first and include the last day of such period If the last day of any such period falls on' a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction,such clay will be omitted from the computation. EXI)COENERAL CONDITIONS 19105 (1990 E,A[im) w'/ QTY OF FORT COLUNS MODIFICA'[IONS (KLV.12000) 172.2, A calendar day of twenty -lour hours measured from midnight to the next midnight will.comtitute a day Notice of'Ciaiut: 17.3' Should OWNER or CONTRACTOR suffer injury or damage to person or property because of arty error, omission. or set of the other party ar Hof anyof the other party's.employees or agents: or others for whose acts the other party is legally Gable, 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 limitations or rcpo6e.C;unu/a6e Remedies 17.4. The duties and obligations imposed by these General Conditions.and the. rights and remedies available hereunder to the parties hereto, and in particular but without limitation, the warmnnes, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14, 14.3 and 13.2 and all of the rights and remedies available to OWNER and -ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as. ed'ective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fein andCourt Cosu Included: IT5. Whenever reference is made to "claims, costs, losses and damages", it shall include in each case, but not be limited to, all fees and charges of enginzers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. 17.6. The laws ofthe State of Colorado appl to - this Ageemcnt. Reference to two pertinent. Colomdo smtutes are as follows" 17.6.2. If a claim is tiled. OWNER is required by law (CPS 38-26-1 i r7) to withhold fromall travmznts to CONTRACTOR sufficient funds to insure the Payment of all claims for labor.materials, team hire sustenance. Provisions: provender, or other supplies used or consumed by CONf RAC -MR or his 33 1 EJCE)CGE.\U A.LCONornONs1vfos(1990Efilml) 34 a'/CI FY OF FORT COLU NS :%IODIFICdTIONS(fCESV4l;000) I I (This page left blank intentionally.) [1 I EJCDC oeNERAL CONDMONS 101"(1990 Ede n) 35 ' %VICITY OF FORT COLLINS MODIFICA-rIONS (REV A/!000) L I 1 1 1 within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS ' 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract ' Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related ' actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not ' limited to, the following: 7.2.1Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases ' 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment ' 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: n/a The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. ' 7.4. Addenda Numbers n/a to n/a, inclusive. 7.5. The Contract Documents also include all written amendments and ' other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. ' 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS Section 00520 Page 4 [7 11 A 1 EICDCGENLILA.L CONDMON5 1910-3 (1990 Etitim) 36 WI (I FYOF FORT COLLIN3\IODIFIC.RIONS(ILEV.12000) L J I I I EXHIBIT GC -A to General Conditions of the Construction .Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREENILNT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreementof the parties: I&L All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach; thereof (except for claims'wlrich 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 obtairang,'subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction 16.2. No demand for arbitration of any claim, dispute. or other matter that is required to be referred to L IGINEER initially for decision in accordance with paragraph 9.11 will be: made until the earlier of (a) the date on which ENGNEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered.by ENGINEER before that date No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11: and the failure to demand arbitration within said thirty days' period will result in ENGNEERs decision being final and binding upon OWNER and CONTRACTOR If ENGINEER renders a decision after arbitration proceedings have been initiated such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any Written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration .will be filed in writing with the other party to the :Agreement and with the American Arbitration Association and a copy will be sent to ENGDMER for information The demand for arbitration Will be made within the thirty -day or tenday period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other mattr in question would be barred by the applicable statute of limitations. EJCDC GENERAL CONUMONS 1910-3 (1990 Edilim) % / ❑TY OF FORT COLLINS MODIFICATIONS (REV 9/99) 16.4. Except as provided in paragraph 16-5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity. (including ENGINEER ENGINEER's Consultant and the offices, directors, agents, employees or consultants of any of them) who is not a parry to this contract unless: 16.4.1. the inclusion of such other .person entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in'such prcccedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has beenobtained for such inclusion, which consent shalt make specific reference to this pnmgmph; 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. 16.3. Notwithstanding paragraph 16.4, if a claim, dispute or other matter.in question between OWNTER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor. as a party to the arbitration benveenOWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6:11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNTTER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 165 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, RiGNEER or ENGNEER's Consultants that does not otherwise exist. 16.6. The award tendered by. the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal. 16.7 OWNER arced CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other [natters 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 tinder the Construction Industry Mediation Rules of the .American Arbitration Amociation 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 Emits 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 these: same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise aareed. GC -Al FJCDC OF\TFRAL COvnmON319I0.3 (1990Ffi);mf) n'/ CITY OF FORT COLLINS MODIFICATION'S (REV 919-1) GC SE I I 1 1 11 1 1 I SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL) . Rev 10/20/07 I I I Section 00800 Page 1 1 I [' I I Rev 10/20/07 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960Application for Payment 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 TOTAL APPROVED CHANGE ORDER TOTAL PENDING CHANGE ORDER TOTAL THIS CHANGE ORDER TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST (Assuming all change orders approved) ACCEPTED BY: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing Rev 10/20/07 $ .00 0.00 0.00 0.00 $ 0.00 DATE: DATE: DATE: DATE: DATE: Section 009SO Page 1 M M M M M M M 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: Rev10120/07 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 Section 00960 Page 2 M M i 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 Section 00960 Page 3 I 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. 1 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. 1 11 Section 00520 Page 5 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 Section 00960 Page 4 20I1 HOT -IN -PLACE RECYCLIING PROJECT GENERAL REQUIREMENTS INDEX SECTION O1010 Summary of Work 01040 Coordination ' 01310 Construction Schedules 01410 Testing 01510 Temporary Utilities 01560 Temporary Controls ' O1700 Contract Closeout 01800 Method of Measurement and Basis of Payment IL 0 0 I I I PAGE NUMBERS General Reqs 1-3 General Reqs 4-5 General Reqs 6-7 General Reqs 8-9 General Reqs 10 General Reqs 11 General Reqs 12 General Reqs 13 0 SECTION 01010 SUNINIARY OF WORK 1_I DESCRIPTION OF WORK A. This work shall consist of rehabilitating the existing surface layer of existing asphalt pavement with specially designed equipment in a simultaneous multi step process of heating, scarifying, applying an asphalt rejuvenating agent, and thoroughly re -mixing and re -shaping the old asphalt surface, and then placing an overlay of new hot mix bituminous pavement. A single machine that heats, scarifies, recycles, and spreads virgin material all in one continuous pass shall be used. This work shall be performed on designated streets in the City Fort Collins and the City of Loveland as described in Section 02500, Quantity Estimate and Section 03500, Project Maps. B. Protection and Restoration. 1. Replace to equal or better conditions all items removed and replaced or damaged during construction. Restore all areas disturbed to match surrounding surface conditions. Also see tree protection standards. C. Construction Hours 1. Construction hours, except for emergencies, shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, unless otherwise authorized in writing by the Engineer. After hour equipment operation shall be in accordance with Section 1560. 2. Any work performed by the Contractor outside of the construction hours, whether or not authorized by the Engineer, shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover the Owner's costs in providing field engineering and/or inspection services because of such work. The cost for field engineering and inspection shall be S50.00 per hour. 1.2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES A. Notify private owners of adjacent property, utilities, irrigation canal, and affected governmental agencies when ' prosecution of the Work may affect them. B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to , temporarily deny access or services. C. Contact utilities at least 48 hours prior excavating near underground utilities. D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of i work schedule and any items which would affect their daily operation. E. Darrin Moritz and/or Kathleen Maddux will be the Program Manager/Project Engineer. ' Darrin Moritz 970-221-6615 970-221-6218 Kathleen Maddux 970-221-6615 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 2 of 13 1 SECTION 01010 SUMMARY OF WORK ' UTILITIES Water: City of Fort Collins, Colorado ' 970-221-6700, Meter Shop 970-221-6759 Storm Sewer: City of Fort Collins, Colorado 970-221-6589 Sanitary Sewer: City of Fort Collins, Colorado 970-221-6681 ' Electrical: City of Fort Collins, Colorado 970-482-5922,970-221-8553 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 1 970-221-6630 Cable Television: Comcast 970-493-7400 ' *Utility Locates Under One -call System 1-800-922-1987 AGENCIES Safety: Larimer County Sheriffs Department: Occupational Safety and Health Administration Non -Emergency: 970-221-7177 (OSHA): 844-3061 Fire: Ambulance: ' Poudre Fire Authority Poudre Valley Hospital Non -Emergency: 970-221-6581 Non -Emergency: 970-484-1227 Emergency: 911 Emergency: 911 ' Police: City of Fort Collins Police Department Transportation: Non -Emergency: 970-221-6540 Transfort: 970-221-6620 Emergency: 911 Traffic Engineering:970-221-6630 Postmaster: US Postal Service: 225-41 l 1 ' END OF SECTION Page 3 of 13 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 of performance of operations which affect the service of such utilities, agencies, or public safety. C. Coordinate operations under contract with utility work to allow for efficient completion of the Work. D. Coordinate all operations with the adjoining property owners, business owners, and surrounding neighborhoods to provide satisfactory access at all times and keep them informed at all times. 1.2 CONFERENCES A. A Pre -construction Conference will be held prior to the start of construction. 1. Contractor shall participate in the conference accompanied by all major Subcontractors, including the Traffic Control Supervisor assigned to the project. 2. Contractor shall designate/introduce Superintendent, and major Subcontractors supervisors assigned to project. 3. The Engineer shall invite all utility companies involved. 4. The Utilities will be asked to designate their coordination person, provide utility plans, and their anticipated schedules. 5. The Engineer shall introduce the project Representatives. B. Additional project coordination conferences will be held prior to start of construction forcoordination of the Work, refining project schedules, and utility coordination. C. Engineer may hold coordination conferences to be attended by all involved when Contractor's operations affects, or is affected by, the work of others. 1. Contractor shall participate in such conferences accompanied by Subcontractors as required by the Engineer. 1.3 PROGRESS MEETINGS A. Contractor and Engineer's Project Representatives shall schedule and hold regular progress meetings at least weekly and at other times as requested by the Engineer or required by the progress of the Work. B. Attendance shall include: 1. Contractor and Superintendent. 2. Owner's Representatives. 3. Engineer and Resident Project Representative. 4. Traffic Control Supervisor 5. Others as may be requested by Contractor, Engineer or Owner. General Requirements - Page 4 of I J ' SECTION 01040 COORDINATION ' C. Minimum agenda shall include: 1. Review of work progress since last meeting. t 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 I 1 General Requirements - Page 5 of 13 SECTION 01310 CONSTRUCTION SCHEDULES 1.1 GENERAL A. The contractor shall prepare a detailed schedule of all construction operations, showing start and end dates. This schedule will show how the contractor intends to meet the milestones set forth. 1. No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of delivery of equipment and materials. 1.2 FORMAT AND SUBMISSIONS A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual progress. B. Submit two copies of each schedule to Owner for review. 1. Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others. C. The schedule must show how the street, landscaping and various utility work will be coordinated. 1.3 CONTENT A. Construction Progress Schedule. 1. Show the complete work sequence of construction by activity and location. 2. Show changes to traffic control. 3. Show project milestones B. Report of delivery of equipment and materials. 1. Show delivery status of critical and major items of equipment and materials. 2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for equipment and materials, reference Section 01340. 1.4 PROGRESS REVISIONS A. Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when requested by Owner or Engineer, and with each application for progress payment. B. Show changes occurring since previous submission. I. Actual progress of each item to date. 2. Revised projections of progress and completion. C. Provide a narrative report as needed to define: I. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of others. General Requirements - Page 6 of I SECTION 0010 CONSTRUCTION SCHEDULES 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 [1 Page 7of13 U{ 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: I. Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner. 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: I. 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. 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. General Requirements - Page 8 of 13 SECTION 01410 TESTING ' 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. Documented inspections and tests as required by each section of the Specifications. Provide copies to Engineer daily. ' END OF SECTION r [] I ' Page 9 of 13