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389648 A-1 CHIPSEAL CO - CONTRACT - BID - 6054 ASPHALT SLURRY SEAL PROJECT
City of Fort Collins Purchasing Financial Services Purchasing Division 215 N. Mason St. 2"" Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/Purchasing SPECIFICATIONS AND CONTRACT DOCUMENTS FOR Asphalt Slurry Seal Project — 2011 Renewal BID NO.6054 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS 1 • • 1 1 1 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. 1 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. 1 1 1 1 1 1 1 1 1 1 1 1 1 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 SECTION 01310 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 General Requirements - Page 6 of 17 SECTION 01330 SURVEY DATA 1.1 SURVEY REQUIREMENTS A. The Owner will provide the construction surveying for street and landscaping improvements as needed. City Survey Crews will perform the surveying required. B. The Contractor must submit a survey request form to the City Surveyors a minimum of 48 hours prior to needingsurveying. urveying. C. If the requested surveying cannot be accomplished in the time frame requested by the Contractor, the survey personnel shall notify the Contractor with the date on which the requested work will be completed. D. Should a sudden change in the Contractor's operations or schedule require the survey personnel to work overtime, the Contractor shall pay the additional overtime expense. E. The Contractor shall protect all survey monuments and construction stakes. If it is unavoidable to remove a survey monument or construction stakes, the Contractor is responsible for notifying the Surveyor and allowing enough time for the monuments or stakes to be relocated. The Contractor will be responsible for the cost of re - staking construction stakes and for the cost of re-establishing a destroyed monument. F. The Contractor shall be responsible for transferring the information from the construction stakes to any necessary forms and for constructing all pipelines, drainage ways, pavements, inlets, walls, and other structures in accordance with the information on the stakes and grade sheets supplied by the Owner. END OF SECTION General Requirements - Page 7 of 17 SECTION 01340 SHOP DRAWINGS 1.1 GENERAL A. Submit Shop Drawings, Samples, and other submittals as required by individual specification sections. 1. Project Manager will not accept Shop Drawings or other submittals from anyone but Contractor. B. Schedule: Reference Section 01310, Construction Schedules. Submittals received by Project Manager prior to the time set forth in the approved schedule will be reviewed at any time convenient to Project Manager before the time required by the schedule. C. Any need for more than one re -submission, or any other delay in obtaining Project Manager's review of submittals, will not entitle Contractor to extension of the Contract Time unless delay of the Work is directly caused by failure of Project Manager to return any scheduled submittal within 10 days after receipt in his office of all information required for review of the submittals or for any other reason which prevents Project Manager's timely review. Failure of Contractor to coordinate submittals that must be reviewed together will not entitle Contractor to an extension of Contract Time or an increase in Contract Price. D. Resubmit for review a correct submittal if errors are discovered during manufacture or fabrication. E. Do not use materials or equipment for which Shop Drawings or samples are required until such submittals, stamped by Contractor and properly marked by Project Manager, are at the site and available to workmen. F. Do not use Shop Drawings which do not bear Project Manager's mark "NO EXCEPTION TAKEN" in the performance of the Work. Review status designations listed on Project Manager's submittal review stamp are defined as follows: 1. NO EXCEPTION TAKEN Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work. Contractor is to proceed with fabrication or procurement of the items and with related work. Copies of the submittal are to be transmitted for final distribution. 2. REVISE AS NOTED Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work in accordance with Project Manager's notations. Contractor is to proceed with the Work in accordance with Project Manager's notations and is to submit a revised submittal responsive to notations marked on the returned submittal or written in the letter of transmittal. 3. REJECTED Signifies material or equipment represented by the submittal does not conform to the design concept or comply with the information given in the Contract Documents and is not acceptable for use in the Work. Contractor is to submit submittals responsive to the Contract Documents. General Requirements - Page 8 of 17 SECTION 01340 SHOP DRAWINGS 4. FOR REFERENCE ONLY ' Signifies submittals which are for supplementary information only; pamphlets, general information sheets; catalog cuts, standard sheets, bulletins and similar data, all of which are useful to Project Manager or Owner in design, operation, or maintenance, but which by their nature do not constitute a basis for determining that items represented thereby conform with the design concept or comply with the information given in the Contract , Documents. Project Manager reviews such submittals for general information but not for substance. 1.2 SHOP DRAWINGS ' A. Include the following information as required to define each item proposed to be furnished. 1. Detailed installation drawings showing foundation details, and clearances required for construction. 2. Relation to adjacent or critical features of the Work or materials. ' 3. Field dimensions, clearly identified as such. 4. Applicable standards, such as ASTM or Federal Specification numbers. 5. Drawings, catalogs or parts thereof, manufacturer's specifications and data, instructions, performance characteristics and capacities, and other information specified or necessary: ' a. For Project Manager to determine that the materials and equipment conform to the design concept and comply with the intent of the Contract Documents. b. For the proper erection, installation, and maintenance of the materials and equipment which Project , Manager will review for general information but not for substance. c. For Project Manager to determine what supports, anchorages, structural details, connections and services are required for materials and equipment, and the effect on contiguous or related structures, materials and equipment. ' 6. Complete dimensions, clearances required, design criteria, materials of construction and the like to enable Project Manager to review the information effectively. B. Manufacturer's standard drawings, schematics and diagrams: , 1. Delete information not applicable to the Work. 2. Supplement standard information to provide information specifically applicable to the Work. ' C. Format. 1. Present in a clear and thorough manner. ' 2. Minimum sheet size: 8' 2" x 11". 3. Clearly mark each copy to identify pertinent products and models. 4. Individually annotate standard drawings which are furnished, cross out items that do not apply, describe exactly which parts of the drawing apply to the equipment being furnished. ' 5. Individually annotate catalog sheets to identify applicable items. 6. Reproduction or copies of portions of Contract Documents: a. Not acceptable as complete fabrication or erection drawings. b. Acceptable when used as a drawing upon which to indicate information on erection or to identify detail ' drawings. 7. Clearly identify the following: a. Date of submission. , b. Project title and number. c. Names of Contractor, Supplier and Manufacturer. d. Specification section number, specification article number for which items apply, intended use of item in the work, and equipment designation. e. Identify details by reference to sheet, detail, and schedule or room numbers shown in the Contract Documents. f. Deviations from Contract Documents. ' General Requirements - Page 9 of 17 SECTION 01340 SHOP DRAWINGS g. Revisions on re -submittals. It. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria, and coordination of the information within the submittal with requirements of the Work and the Contract Documents. 1.3 SUBMISSION REQUIREMENTS A. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Minimum number required: 1. Shop Drawings. a. Three (3) copies minimum, two (2) copies which will be retained by Project Manager. 1.4 RE -SUBMISSION REQUIREMENTS A. Make corrections or changes required by Project Manager and resubmit until accepted. B. In writing call Project Manager's attention to deviations that the submittal may have from the Contract Documents. C. In writing call specific attention to revisions other than those called for by Project Manager on previous submissions. D. Shop Drawings. 1. Include additional drawings that may be required to show essential details of any changes proposed by Contractor along with required wiring and piping layouts. END OF SECTION General Requirements - Page 10 of 17 SECTION 01410 ' TESTING 1.1 GENERAL ' A. Provide such equipment and facilities as the City Representative may require for conducting field tests and for collecting and forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment are found to be acceptable. Any product which becomes unfit for use after approval hereof shall not be incorporated into the work. B. All materials or equipment proposed to be used may be tested at any time during their preparation or use. Furnish the required samples without charge and give sufficient notice of the placing of orders to permit the ' testing. Products may be sampled either prior to shipment or after being received at the site of the work. C. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided, ' sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM). D. Where additional or specified information concerning testing methods, sample sizes, etc., is required, such ' information is included under the applicable sections of the Specifications. Any modification of, or elaboration on, these test procedures which may be included for specific materials under their respective sections in the Specifications shall take precedence over these procedures. , 1.2 OWNER'S RESPONSIBILITIES A. Owner shall be responsible for and shall pay all costs in connection with testing for the following: ' 1. Soil tests, except those called for under Submittals thereof. 2. Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner. 3. Concrete test, except those called for under Submittals thereof. ' 1.3 CONTRACTOR'S RESPONSIBILITIES A. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be , responsible for and shall pay all costs in connection with testing required for the following: 1. All performance and field testing specifically called for by the specifications. 2. All retesting for Work or materials found defective or unsatisfactory, including tests covered under 1.2 ' above. 3. All minimum call out charges or stand by time charges from the tester due to the Contractor's failure to pave, pour, or fill on schedule for any reason except by action of the Project Manager. , B. Contractor shall notify the Project Representative 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 Project Managers employed by the Owner. The Contractors control system shall specifically include all testing required by the various sections of these Specifications. , 1 General Requirements - Page I I of 17 1 ' SECTION 01410 TESTING ' B. Superintendence: The Contractor shall employ a full time Superintendent to monitor and coordinate all facets of the Work. The Superintendent shall have adequate experience to perform the duties of Superintendent. C. Contractor's quality control system is the means by which he assures himself that his construction complies with the requirements of the Contract Documents. Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction schedule. ' D. Records: Maintain correct records on an appropriate form for all inspections and tests performed, instructions received from the City Representative and actions taken as a result of those instructions. These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or test, nature of defects, causes for rejection, etc.) proposed or directed remedial action, and corrective action taken. Document inspections and tests as required by each section of the Specifications. Provide copies to City Representative weekly. ' END OF SECTION 1 1 1 [l 11 General Requirements - Page 12 of 17 0 SECTION 01510 TEMPORARY UTILITIES 1.1 UTILITIES A. Furnish all utilities necessary for construction. B. Make arrangements with Owner as to the amount of water required and time when water will be needed. 1. Meters may be obtained through the Water Utility Meter Shop at 221-6759 2. Unnecessary waste of water will not be tolerated. C. Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor. 1.2 SANITARY FACILITIES A. Furnish temporary sanitary facilities at each site for the needs of construction workers and others performing work or furnishing services on the Project. B. Properly maintain sanitary facilities of reasonable capacity throughout construction periods. C. Enforce the use of such sanitary facilities by all personnel at the site. D. Obscure from public view to the greatest practical extent. END OF SECTION General Requirements - Page 13 of 17 SECTION 01560 TEMPORARY CONTROLS 1.1 NOISE CONTROL A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated areas. B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. C. Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 a.m. 1.2 DUST CONTROL A. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing. B. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist with water or by application of a chemical dust suppressant. 1. Chemical dust suppressant shall not be injurious to existing or future vegetation. 1.3 POLLUTION CONTROL A. Prevent the pollution of drains and water courses by sanitary wastes, concrete, sediment, debris and other substances resulting from construction activities. 1. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site. 2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts. 1.4 EROSION CONTROL A. Take such measures as are necessary to prevent erosion of soil that might result from construction activities. 1. Measures in general will include: a. Control of runoff. b. Trapping of sediment. c. Minimizing area and duration of soil exposure. d. Temporary materials such as hay bales, sand bags, plastic sheets, riprap or culverts to prevent the erosion of banks and beds of watercourses or drainage swales where runoff will be increased due to construction activities. B. Preserve natural vegetation to greatest extent possible. C. Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion. D. Comply with the City of Fort Collins' Storm Drainage Erosion Control Manual. General Requirements - Page 14 of 17 SECTION 01560 TEMPORARY CONTROLS 1.5 TRAFFIC CONTROL A. Maintain traffic control in accordance with the "Manual of Uniform Traffic Control Devices" (MUTCD), the City of Fort Collins "Work Area Traffic Control Handbook," and the current "Larimer County Urban Area Street Standards." In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. 1.6 HAUL ROUTES The Project Manager reserves the right to set haul routes in order to protect pavements, both new and old, from heavy loads. These pavements may include, but are not limited to, recently constructed pavements, recently overlaid pavements, and/or pavements whose condition would be significantly damaged by heavy loads. END OF SECTION General Requirements - Page 15 of 17 C 1 OWNER: CITY OF FORT COLLINS J S B. O'NEILL II, CPPO, FNIGP DCTORR OF PURCHASING AND RISK MANAGEMENT ' i itie:_ Date:_ 1 Attest: 1 1 Address for giving notices: P. O. Box 580 Fort Collins, CO 80522 Approve , s to F fm Ass' tan ity At rney CONTRAC : A-1 Chip eal Company By: �.,1e1 J: Cnruarn�.l4 PRINTED Address for giving notices: License No.: • u [1 SECTION 01700 CONTRACT CLOSEOUT 1.1 CLEANING AND RESTORATION A. Return the premises and adjacent properties to conditions existing or better than existing at the time the work was begun. This will include providing labor, equipment and materials for cleaning, repairing and replacing facilities damaged or soiled during construction. The City Representative will be the judge of the degree of restoration required. 1.2 PROJECT RECORD DOCUMENTS A. Maintain on thejob site, and make available to the Project Manager upon request, one current marked -up set of the drawings which accurately indicate all approved variations in the completed work that differ from the design information shown on the drawings. Further, these drawings should reflect all underground obstacles encountered. B. These record drawings along with any survey records, photographs and written descriptions of said work as may be required by the Project Manager shall be submitted prior to project acceptance. END OF SECTION General Requirements - Page 16 of 17 SECTION 01800 METHOD OF MEASUREMENT AND BASIS OF PAYMENT 1.1 DEFECTIVE WORK A. Owner will not pay for defective work and will not pay for repair or additional work required to bring the project to a point of acceptance. 1.2 BID PRICE A. The Total Bid Price covers all Work required by the Contract Documents. All work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included in the prices bid for the various items of Work. B. Prices shall include all costs in connection with the proper and successful completion of the Work, including furnishing all materials, equipment and tools; and performing all labor and supervision to fully complete the Work. C. Unit prices shall govem over extensions of sums. D. Unit prices shall not be subject to re -negotiation. 1.3 ESTIMATED QUANTITIES A. All quantities stipulated in the Bid Form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The basis of payment shall be the actual amount of materials furnished and Work done. B. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amount of Work actually performed and materials actually furnished and the estimated amount therefor. END OF SECTION General Requirements - Page 17 of 17 SECTION 02000 PROJECT SPECIFICATIONS The Colorado Division of Transportation "Standard Specifications for Road and Bridge Construction", 2011, and the current version of the Larimer County "Urban Area Street Standards", (hereafter referred to as the "Standard Specifications") are made a part of this Contract by this reference, except as revised herein, and are hereby adopted as the 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 govem. INDEX OF REVISIONS SECTION 104 Traffic and Parking Control 105 Control of Work 108 Prosecution and Progress 208 Storm Water and Inlet Protection 409 Asphalt Slurry Seal 630 Construction Zone Traffic Control Section 104 of the Standard Specifications is hereby revised as follows: 0 • REVISION OF SECTION 104 ' TRAFFIC AND PARKING CONTROL MAINTAINING TRAFFIC Subsection 104.04 shall include the following. , It shall be the Contractor's responsibility to clear parking from the streets when such parking will interfere with the work. Prior to work that requires the street(s) to be closed to parking and/or traffic, the street(s) shall be posted for "NO PARKING". The placement of these signs shall take place at least 24 hours prior to the ' commencement of work and shall clearly show the type of work, and the day, date and times that the message on the sign is in effect. (For example, if a street is to be patched on Wednesday, July 2, the street shall be posted no later than Tuesday, July 1, by 7:00 a.m. with a sign that reads similar to "NO PARKING, WEDNESDAY, JULY 2, 7:00 A.M. TO 6:00 P.M., SLURRY SEAL.) See sample "NO PARKING" sign. ' "NO PARKING" signs shall remain in place until the street is opened to traffic and all clean up operations completed. All information on the "NO PARKING" signs, with the exception of the date, shall be in block letters ' permanently affixed to the sign. Any information added to a sign, such as dates, shall be clearly legible and written in block style letters. The "NO PARKING" signs shall be in effect for one or two days only. Any work done by the Contractor without traffic control will not be paid for under the terms of this Contract. , The Contractor will not be paid for traffic control costs incurred during Contractor caused delays. At or near the end of each work day, a representative of the Contractor, the Traffic Control Supervisor, and the ' City Representative will meet to discuss the progress of the work and the placement of traffic control devices including "NO PARKING" signs. Any necessary adjustments shall be made. The Contractor shall also review the proposed means of handling parking and traffic control for upcoming work. It is the responsibility of the . Contractor to minimize any inconvenience to the public as a result of this work. At the above referenced meeting, the quantity of traffic control devices used that day shall be agreed upon by the Contractor and the City Representative. The Contractor shall utilize forms approved by the Representative , for the tabulation of Traffic Control Devices utilized. The Contractor shall maintain access at all times to all businesses within the project. Any changes in the traffic control, including additional signs, barricades, and/or flaggers needed in the field ' shall be immediately implemented as directed by the City Representative. The cost for traffic control is covered in "Revision of Section 630, Construction Zone Traffic Control" found ' herein. Project Specifications - Page 3 of 27 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0 NO E PARKING Wed July 7 7:00 AM - 6:00 PM SLURRY SEAL END OF SECTION Project Specifications - Page 3 of 27 9 REVISION OF SECTION 105 CONTROL OF WORK Section 105 of the Standard Specifications is hereby revised as follows: COOPERATION BY CONTRACTOR Subsection 105.10 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 by turning off vehicles that are not in use instead of idling for long periods (more than three minutes, as a general rule). INSPECTION AND TESTING OF WORK Subsection 105.16 shall include the following: The Contractor shall keep the City Representative informed of his future construction operations to facilitate scheduling of required inspection, measuring for pay quantities, and sampling. The Contractor shall notify the City Representative 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 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 City Representative or that payment therefore has been included in the progress estimate. MAINTENANCE DURING CONSTRUCTION Subsection 105.19 shall include the following: The roadway area, including curb, gutter, and sidewalk, adjacent to and through the construction area shall be cleaned of debris by the Contractor at the earliest opportunity, but in no case shall the area be left in an unclean condition after the completion of the day's work. All material swept or blown onto sidewalks, all trash, all discarded slurry seal material, or other refuse shall be collected on a daily basis, removed from the site, and disposed of to a site approved by the City Representative. It shall be the Contractor's responsibility to provide the necessary manpower and equipment to satisfactorily clean the roadway area. The Contractor shall utilize a combination of pick-up brooms, side brooms and/or other equipment as needed to clean the streets prior to slurry application. All sweeping and cleanup equipment shall be approved by the City Representative prior to the commencement of work. The Contractor shall maintain the streets during the construction process as prescribed above. If a street requires additional sweeping by municipal forces, the Owner shall deduct from compensation due the Contractor sufficient funds to cover the Owner's cost to provide said service. All cost of maintaining the work during construction and before the project is accepted will not be paid for separately, but shall be included in the work. Project Specifications - Page 4 of 27 • REVISION OF SECTION 105 CONTROL OF WORK All applied slurry surfaces shall be swept by an approved vacuum style sweeper to remove any excess raveled material which becomes dislodged from the street surface after five (5) calendar days, or as directed by the City Representative, and again after 30 calendar days, or as directed by the City Representative. Any dislodged material which has migrated to gutters, sidewalks, and driveways shall be removed at this time. Dislodged material shall be disposed of to a site approved by the City Representative. Excessive raveling, as determined by the City Representative, shall be swept by the Contractor at no additional cost to the Owner. Sweeping shall be paid for per complete sweeping of all surfaces, and shall include blowing or sweeping of gutters, sidewalks and driveways as necessary. Payment shall include all equipment, labor, materials, overhead, incidentals and mobilization required to complete the work as described in the specifications. "NO PARKING" signs shall be placed at least 24 hours prior to sweeping, as needed. The City of Fort Collins will pay for "NO PARKING" signs at the contract unit price for "No Parking Sign with Stand," See Section 630. BASIS OF PAYMENT I Payment will be made under: Pay Item Unit 105.10 Sweeping -All street surfaces Each 105.20 Sweeping - All parking lot surfaces Each END OF SECTION 1 .1 1 ' Project Specifications - Page 5 of 27 I REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised as follows: SCHEDULE Subsection 108.04 shall include the following: The slurry seal application shall be completed on or before August 15, and within the following calendar months: JAN FEB MAR APR. MAY JUN I JUL AUG I SEP OCT NOV DEC IFIY1� i a �J 1 I I.�I.Ih� It is the intent of this project to be completed within twenty (20) working days after work commences for the City of Fort Collins as described below: • Fourteen (14) consecutive working days will be allotted for construction. • Three (3) consecutive working days will be allotted for the first sweeping operation. See Revision of Section 105, Maintenance During Construction • Three (3) consecutive working days will be allotted for the second sweeping operation. See Revision of Section 105, Maintenance During Construction • Failure to meet the working days described above, or failure to commence sweeping at the described intervals shall result in damages assessed against the Contractor as described in Article 3 of the Agreement, Contract Times. • Delays and extensions of time are described in the General Conditions. END OF SECTION Project Specifications - Page 6 of 27 r REVISION OF SECTION 208 r STORM WATER AND INLET PROTECTION Section 208 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 208.01 shall be revised as follows: r This work shall consist of constructing, installing, maintaining, and removing when required, erosion control measures during the installation and at a minimum at all inlets to prevent or minimize erosion, sedimentation, and pollution of any state waters. Work shall be in accordance with The City of Fort Collins Urban Drainage and Flood Control District Urban Drainage Criteria Manual, and the City of Fort Collins Environmental Standard Operating Procedures contained herein, section 04000, and the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction (latest edition),. r Any loss of time or materials related to erosion shall be the sole responsibility of the Contractor. Any damage to surrounding properties or facilities (either on site or offsite) related to erosion caused by construction of this project, will be the sole responsibility of the Contractor rMATERIALS Subsection 208.02 shall be revised as follows: Contractor will submit the type of material to be used for erosion control measures prior to beginning the work. Straw wattles shall not be allowed. CONSTRUCTION REQUIREMENTS Subsection 208.03 shall be revised as follows: All erosion control measures must be installed prior to starting work. It shall be the responsibility of the contractor to ensure that all roadways near the project are kept clean of construction debris. Inlet filters All storm drainage system inlets shall be filtered unless better treatment is available before water is discharged into streams or onto adjacent properties. These methods are applicable to existing and proposed drain systems that will be operationald before the drainage basin is stabilized.. Drop Inlets Drop inlets in unpaved areas shall be filtered with straw bales anchored with wooden stakes as shown in Figure D-23. Drop Inlets in paved areas shall have gravel filters Figure D-24. Materials other than straw bales must be demonstrated to provide the same level of treatment before acceptance by the City Representative. Straw bales shall be placed in a single row tightly butted end -to -end or overlapped and staked. The bales shall be installed to a minimum depth of four inches. After bales are installed and staked, loose straw will be wedged between bales and soil shall be backfilled three inches against the filter. Project Specifications - Page 7 of 27 REVISION OF SECTION 208 STORM WATER AND INLET PROTECTION Curb -opening Inlets Curb -opening Inlets shall be filtered with a combination of concrete blocks, 1/2 — inch wire screen and coarse gravel (3/4 — inch) constructed according to Figure D-25, or as Approved by the City Representative. Maintenance The contractor shall continuously maintain all erosion and sediment control features so that they function properly during site construction. See Detail SC-5 contained herein. All inlet filters shall be inspected and repairs made after each runoff event. Sediments shall be removed when one half the design depth has been filled. Removed sediments shall be deposited in an area tributary to a sediment basin. Sediments shall be removed immediately from the traveled way of roads and streets. METHOD OF MEASUREMENT Subsection 208.11 is revised to include the following: Payment will be made by each inlet protection at each location within the area as required by the City Representative. When work begins in a new area, an additional payment will be made for protection of the inlet locations in the new area as designated by the City Representative. The length shall be sufficient to protect the opening and sides of the inlet grate. When a protection device is installed at a new location, whether the protection device is new or has been relocated, an additional payment will be made for the protection of the location. 1. Inlet protection shall include sufficient length to protect around the perimeter of the inlet opening. 2. Erosion control devices around inlets near the load site shall be required. 3. Erosion control devices on the downhill side of the aggregate stockpile shall be required. 4. Erosion control devices on the downhill side of the emulsion tanker shall be required. 5. A protection device shall be installed on the down hill side of the truck washout area shall be required. METHOD OF MEASUREMENT Subsection 208.11 is revised to include the following; Excavation required for removal of accumulated sediment from traps, basins, and other clean out excavation of accumulated sediment, and the disposal of such sediment, shall be considered incidental to the work and not paid separately. Erosion control protection at the load site shall not be paid for separately. BASIS OF PAYMENT Subsection 208.12 is revised to include the following: Payment will be made under: Pay Item Unit 208.01 Stormwater Protection - Rock filled Wattle Each Project Specifications - Page 8 of 27 1 • • I 1 SECTION 00530 NOTICE TO PROCEED Description of Work: 6054 Asphalt Slurry Seal Project — 2011 Renewal 1 To: A-1 Chipseal Company 1 1 1 1 1 1 1 1 1 1 1 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: A-1 Chipseal Company 11 0 REVISION OF SECTION 208 STORM WATER AND INLET PROTECTION The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in installing, maintaining, and removing when required, erosion control measures, as specified in these specifications, as shown on the plans, and as directed by the City Representative END OF SECTION Project Specifications - Page 9 of 27 I ' REVISION OF SECTION 409 ASPHALT SLURRY SEAL Section 409 the Standard Specifications is hereby revised as follows: , of DESCRIPTION , Subsection 409.01 shall include the following: The bituminous slurry surface shall consist of properly proportioned and mixed mineral aggregate, asphalt ' emulsion water, and specific additives proportioned, mixed and uniformly spread on the properly prepared surface of the streets as specified herein and as directed by the City Representative. The slurry, when cured, shall have a homogeneous appearance, fill all cracks, adhere firmly to the adjacent surface, and have skid resistant texture. ' MATERIALS Subsection 409.02 shall include the following: ASPHALT EMULSION The emulsified asphalt shall conform to Grade CQS-1HL (Cationic Quick Setting Emulsified Asphalt with , Latex Polymer) as specified in ASTM D977 and D2397 (Specification for Emulsified Asphalt and Cationic Emulsified Asphalt), except that the residual asphalt having a penetration of 40 - 90 shall constitute at least 60 percent of the emulsion by weight, and that the Saybolt Furol Viscosity of the emulsion at 77° F (25' C) shall not exceed 50 seconds. Slow setting emulsions may not be used. CQS-1HL shall be an emulsified blend of asphalt, water, and styrene-butadiene rubber (SBR) latex and emulsifiers. The emulsion shall be capable of being pumped and suitable for use in slurry seal mixing and spreading equipment, and for application through a distributor truck. The emulsion shall contain a minimum of , one percent (1%) by weight of SBR polymer solids based on weight of residual asphalt. The polymer shall be added as SBR latex by high shear mixing by co -milling or post -milling. , Each load of emulsified asphalt shall be accompanied with a certificate of analysis/compliance and submitted to the City Representative to assure that it is the same as that used in the mix design. AGGREGATE , The mineral aggregate shall consist of natural or manufactured sand, slag, crusher fines, and others, or a combination thereof and be gray in color. The aggregate shall be 100% crushed. Smooth -textured sand of less than 1.25% water absorption shall not exceed 50% of the total combined aggregate. , The aggregate shall be clean and free from organic matter and other deleterious substances. When tested in accordance with AASHTO T176 or ASTM A2419 (Sand Equivalent Value of Soils and Fine Aggregates), the ' aggregate shall have a sand equivalent of not less than 65. When tested according to AASHTO T104, or ASTM C88 (Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulphate), the aggregate shall show a loss of not more than 15% using NA,SO4, or 25% using MgSO4. When tested according to AASHTO T96, or ASTM C131 (Resistance to Abrasion of Small Size Coarse Aggregate by Use of the Los Angeles Machine), the aggregate shall show a loss of not more than 20%. Mineral fillers such as Portland cement, limestone dust, time, fly ash, and other approved fillers shall be , considered as part of the blended aggregate, used in the minimum amount required, and manufactured in the project year. Cost of mineral fillers, if used, is to be included in the unit price of the slurry seal and shall not be paid for separately. They shall meet the gradation requirements of AASHTO M 17 or ASTM D242 (Mineral Filler for Bituminous Paving Mixtures). . Mineral fillers shall be used for one or more of the following reasons only: Project Specifications -Page 10 of 27 , 1 REVISION OF SECTION 409 ASPHALT SLURRY SEAL L1. To improve the gradation of the aggregate. 2. To control the time of break of the emulsion. 3. To provide improved stability and workability of the slurry. ' 4. To increase the durability of the cured slurry. Screening of aggregate shall be required at the quarry prior to delivery to the job site. Oversized material and/or ' clay balls in the slurry seal shall be cause for rejection. The total aggregate, including mineral filler, shall conform to the following gradation when tested by AASHTO T27, or ASTM C136 (Sieve Analysis of Aggregates): I 1 I I I I SIEVE S[ZE I PERCENT PASSING F TYPE 11 3/8" (9.5 mm ) 100 No. 4 (4.75 mm) 90 - 100 No. 8 (2.36 mm) 65 - 90 No. 16 ( 1.18 mm) 45 - 70 No. 30 ( 600 um) 30 - 50 No. 50 ( 330 um) 18 - 30 No. 100 ( 150 um) I0 - 20 No. 200 ( 75 um) 5 - 15 The Contractor shall submit a Certificate of Compliance from the intended aggregate producer. This certificate shall verify that the material conforms to the applicable Project Specifications and Revision of Section 409, Asphalt Slurry Seal. This certificate shall be supplemented by laboratory test data performed by an independent testing laboratory at no expense to the Owner. ,0.4111WY[e11 At least two weeks prior to commencement of work, the Contractor shall submit a signed mix design covering the specific materials to be used on the project. This design shall be performed by a laboratory qualified to perform International Slurry Seal Association (ISSA) tests. Once the materials are approved, no substitution will be permitted, unless first tested by the laboratory preparing the mix design and approved by the Project Manager. 1. Mix Design The qualified laboratory shall develop the job mix design and present certified test results for the Project Managers approval. Compatibility of the aggregate and emulsion shall be verified by the mix design. All component materials used in the mix design shall be representative of the material proposed by the Contractor for use on the project. Project Specifications - Page I I of 27 REVISION OF SECTION 409 ASPHALT SLURRY SEAL 2. Specifications The Project Manager shall approve the design mix and all materials and methods prior to use. The component materials shall be within the following limits. Residual Asphalt Type ❑ Mineral Filler Additive Water WATER 7.5% to 13.5% by dry weight of aggregate 0.5% to 3% by dry weight of aggregate As required to provide the specified properties As required to produce proper mix consistency All water used in making the slurry shall be potable and free of dissolved ingredients that may prove harmful. Water shall be of such quality that the asphalt will not separate from the emulsion before the slurry seal is in place. The effect of moisture content on the specific weight of the aggregate, and the moisture content of the aggregate being used, shall be taken into account in calibrating the machine to deliver mix in the correct proportion. LABORATORY TESTING All materials shall be pre -tested by the Contractor, at his expense, in a qualified laboratory as to their suitability for use in slurry and conformance with project specifications. The laboratory shall issue a current report which shows the results of tests performed on the individual materials, comparing their values to those required by this specification. The report will provide the following information on the slurry seal mixture. TEST PURPOSE METHOD SPECIFICATION Slurry Seal Consistency ISSA T106 2 - 3 cm Excess Asphalt ISSA T109 50 g/ft2 max (538 g/m2 max) Wet Stripping TestIF ISSA T114 Pass (90% min) Compatibility ISSA T1 15 Pass* Quick Set Emulsion ISSA T102 F Pass** Wet Track Abrasion ASTM D3910 1 Hour Soak Loss 50 g/ft2 max (538 g/m2 max) 6 Day Soak Loss 75 g/ft2 max (807 g/M2 max) * Mixing tests must pass at the maximum expected air temperature. ** Using specific job aggregate and emulsion content. The laboratory shall further report the quantitative effects of moisture content on the unit weight of the aggregate (Bulking effect). The laboratory report must clearly show the proportions of aggregate, mineral filler (minimum and maximum), water (minimum and maximum), additive(s) (usage), and asphalt based on the dry aggregate weight. A current and complete laboratory analysis and test report, accompanied by abraded and unabraded slurry test samples, shall be submitted by the Contractor at least two weeks prior to commencement of any work. If the Project Specifications - Page 12 of 27 1 • • I REVISION OF SECTION 409 ASPHALT SLURRY SEAL Contractor performs this testing, the Project Manager or his representative shall be allowed to observe all testing. STOCKPILING OF AGGREGATE Precautions shall be taken to ensure that stockpiles are carefully mixed just prior to use to ensure uniform distribution of the moisture, and that they do not become contaminated with over -sized seed rock, clay, silt, or excessive amounts of moisture. To eliminate oversized aggregate, the material shall be screened at the load site immediately prior to use, and shall be directly deposited from the screen to the mixing equipment. Costs for the screen will not be measured or paid for separately, but shall be considered incidental to the work. The stockpile shall be kept in areas that drain readily. Segregation of the aggregate will not be permitted. STORAGE The Contractor shall provide suitable storage facilities for the asphalt emulsion, using containers equipped to prevent water from entering the emulsion. If necessary, suitable heat shall be provided to prevent freezing. No portion of the right of way may be used for storage of any materials or equipment. SAMPLING Samples of materials and of the finished slurry surface shall be furnished by the Contractor as directed by the 1 City Representative during progress of the work at no expense to the Owner. Test reports shall be required from the Contractor as additional materials arrive. Testing costs will be computed in accordance with section 1400 "Quality Control". CONSTRUCTION REQUIREMENTS Subsection 409.04 shall be revised as follows: WEATHER LIMITATIONS No slurry shall be applied: t1. When there is any danger the finished product will freeze before it cures completely. 2. When the pavement or air temperature is 60°F (16' C) or below and falling. 3. While puddles of water remain on the surface to be coated. The Contractor is responsible for repairing or replacing any surfaces damaged by weather. Subsection 409.05 shall be revised as follows: EQUIPMENT All equipment, tools, and machines used in the performance of this work shall be maintained in satisfactory working order at all times. Descriptive information on the slurry mixing and applying equipment to be used shall be submitted for approval a minimum of seven (7) days before commencement of work. I Project Specifications - Page 13 of 27 M REVISION OF SECTION 409 ASPHALT SLURRY SEAL 1. Slurry Mixing Equipment The slurry mixing machine shall be a double shafted continuous flow mixing unit, capable of delivering accurate predetermined proportions of aggregate, water and asphalt emulsion to a revolving spiraled multi blade, double shafted, spiraled mixer tank, and of discharging the thoroughly mixed product on a continuous basis. The machine shall be equipped with a hydraulically controlled steel pugmill gate for positive discharge operations. Discharge from the pugmill shall be controlled by a chute or other suitable mechanical device. The mixing machine shall be equipped with suitable means of accurately metering each individual material being fed into the mixer. The mixing unit shall be equipped with a metering system to accurately meter all liquids by volume by the use of flow meters reading gallons per minute. The flow of the liquids shall be consistent and precise and feed into the pugmill in the proportions outlined in the mix design. The machine shall be equipped with a temperature indicating device installed in the emulsion tank at the emulsion pump suction line level. The aggregate shall be pre -wetted immediately prior to mixing with the emulsion. The mixing unit shall be capable of thoroughly blending all ingredients together without violent action. The mixing machine shall be equipped with an approved fines feeder that provides an accurate metering device or method of introducing a predetermined proportion of mineral filler into the mixer as the aggregate is fed in. The fines feeder shall be used when mineral filler is part of the aggregate blend. The unit shall be equipped with approved devices so that the machine can be accurately calibrated and the quantities of materials used during any one period estimated. The mixing machine shall be equipped with a water pressure system, and fog type spray bar adequate for completely fogging the surface with water, up to 0.055 gallons per square yard (0.25 l/m2), immediately ahead of the spreading equipment. The machine shall be capable of mixing materials at preset proportions regardless of the speed of the machine engine, and without changing machine settings. 2. Proportioning Devices Individual volume or weight controls for proportioning each material to be added to the mix (i.e., aggregate, mineral filler, emulsified asphalt and water) shall be provided and properly marked. These proportioning devices are usually revolution counters or similar devices and are used in material calibration and determining the materials output at any time. Yield estimates with supporting documentation from the metering devices and material delivery tickets will be provided by the Contractor daily. 3. Calibration Each slurry mixing unit to be used in performance of the work shall be calibrated in the presence of the City Representative prior to construction. The documentation shall be provided, which includes an individual calibration of each material at various settings, which can be related to the machine's metering device(s). No machine will be allowed to work on the project until the calibration has been completed and accepted by the City Representative. Previous calibration documentation covering the exact materials to be used may be accepted provided they were made during the current calendar year. The documentation shall include an individual calibration of each material of various settings which can be related to the machine metering device(s). 4. Verification Test strips, of at least fifteen hundred (1500) square yards for each mix used, will be made by each machine after calibration and prior to construction. Test strips shall be a portion of the project. Samples of the slurry seal will be taken and verification made as to mix consistency and proportioning. Verification of rate of application will also be made. Upon failure of any of the tests, additional test strips, at no cost to the Owner, will be required until each unit is authorized to work. Any unit failing to pass tests after the third trial will not be permitted to work on the project. Test strips must be accepted or rejected within 48 hours after application. Project Specifications - Page 14 of 27 REVISION OF SECTION 409 ASPHALT SLURRY SEAL When the test sections do not conform to the specification requirements, the slurry seal shall be removed at the Contractor's expense. No compensation will be made for re -application or additional test sections required due to unsatisfactory work or material. Initiation of work on the project streets shall not begin without the City Representative's approval of test sections. 5. Slurry Spreading Equipment The surfacing mixture shall be spread uniformly by means of a mechanical type squeegee distributor, having a rubber -like material in contact with the surface to prevent unwanted egress of slurry. It shall prevent loss ' of slurry on varying grades and crown by adjustments to assure uniform spread. An appropriate mechanical device for lateral distribution of the slurry shall be operated within the spreader box. There shall be a steering device, a flexible strike -off, and a burlap or other approved drag. The spreader box shall be equipped with paddles or augers to agitate and spread the materials throughout the box. It shall be capable of producing a uniform surface its full width. A front seal shall be provided to ensure no loss of the mixture at the road contact point. The rear seal shall act as final strike off and shall be adjustable. The mixture shall be spread to fill cracks and minor surface irregularities and leave a uniform skid resistant application of material on the surface. The spreader box and rear strike off shall be so designed and operated that a uniform consistency is achieved to produce a free flow of material to the rear strike off. The longitudinal joint where two spreads join shall be neat appearing, uniform, and lapped no more than six (6) inches. All excess material shall be removed from the job site prior to opening the road. The spreader box shall have ' suitable means provided to side -shift the box to compensate for variations in pavement geometry. The box shall be kept clean, and no build-up of asphalt and aggregate shall be permitted. Spreader box skids shall be maintained in such a manner to prevent transverse chatter (wash -boarding) in the finished mat. Any type drag used shall be approved by the City Representative and kept in a completely flexible condition at all ' times. 6. Cleaning Equipment Power brooms, power blowers, air compressors, water flushing equipment, and hand brooms suitable for cleaning the base surface and cracks therein shall be provided by the Contractor in accordance with Section 01560 "Temporary Controls" and Section 02000 "Revision of Section 105; Maintenance During Construction". 7. Auxiliary Equipment Hand squeegees, shovels and all other equipment necessary to perform the work provided by the Contractor shall be included in the unif price of the Work. Subsection 409.06 shall be revised as follows: PREPARATION OF THE SURFACE Immediately prior to application of the slurry, the Contractor shall be responsible for ensuring that the surface is cleaned of all loose material, oil, silt spots, vegetation, and other objectionable material. Pavement cleaning methods must be approved by the City Representative prior to use. The Contractor shall apply oil spot primers to oil, gas and grease spots on pavement prior to applying the slurry seal. IProject Specifications - Page 15 of 27 I REVISION OF SECTION 409 ASPHALT SLURRY SEAL The Contractor must remove all weeds from pavement surfaces and from the interface of the concrete curb and asphalt prior to the application of any slurry seal. The City Representative shall give final approval that the surface has been prepared properly. Costs associated with these requirements shall be included in the unit price of the slurry seal work and shall not be paid for separately except as discussed in Section 02000 "Revision of Section 105; Maintenance During Construction". If the slurry is being placed over a brick or concrete surface, a highly absorbent asphalt surface, areas subjected to dusty conditions or over a surface where the aggregate has become exposed and is polished and slick, a one part emulsion, three part water tack coat of the same emulsion type and grade as specified for the slurry is recommended. This can be applied with an asphalt distributor. The normal application rate is 0.05 to 0.15 gallons of the diluted emulsion per square yard of surface (0.23 to 0.70 liters per square meter). The City Representative will have final authority to determine if tack coat is required and the rate at which it shall be applied. The Owner will be performing concrete repair, patching, and crack sealing on the streets prior to the application of the slurry seal. Subsection 409.07 shall be revised as follows: APPLICATION The amount of asphalt emulsion to be blended with the aggregate shall be determined in the laboratory, subject to final adjustment in the field to allow for absorption by the existing surface and approved by the City Representative. The amount of water added must be controlled accurately to ensure production of readily spreadable, yet completely stable slurry. Proper water content shall be determined by an appropriate consistency test on freshly made slurry. The slurry shall be a homogeneous mixture, sufficiently stable during the entire mixing and spreading period so that the emulsion does not break, there is no segregation of fines from the coarser aggregate, and the liquid portion of the mix does not float to the surface. Total time of mixing, from introduction of emulsion to spreading shall be two minutes or less. The weight of wet aggregate applied per unit area shall be 18 Ibs/sy. The test sections shall be placed using the same equipment and methods to be used on thejob. Slurry mixtures placed in test strips shall conform to design mix with minor variations to obtain crack filling, bond to pavement, and desired skid resistance texture. In the event the materials do not meet the requirements for fluidity, non -segregation, or surface texture, a newjob mix .shall be formulated and tested. Work shall not proceed before approval of a design mix and acceptance following the placing of a test strip. Application of the Slurry Surfaces 1. General The surface shall be fogged with water directly preceding the spreader when required by local conditions and as directed by the City Representative. No free water shall be on the surface of the pavement following fog spray. Rate of application of the fog spray shall be adjusted during the day to suit pavement temperatures, surface texture, humidity, and dryness of pavement surface. The slurry mixtures shall be of the desired consistency as it leaves the mixer, and no additional elements shall be added. A sufficient amount of slurry shall be carried in all parts of the spreader at all times so that complete coverage is obtained. No lumping, balling, or unmixed aggregates shall be permitted. No segregation of the emulsion and aggregate fines from the coarse aggregate will be permitted. Project Specifications - Page 16 of 27 9 r I I I I 1 I REVISION OF SECTION 409 ASPHALT SLURRY SEAL If the coarse aggregate settles to the bottom of the mix, the slurry will be removed from the pavement. Breaking of the emulsion in the spreader box will not be allowed. No streaks as caused by oversized aggregate will be left in the finished pavement. Rippling of the finished pavement is undesirable and shall be minimized. The speed may be reduced by the City Representative, if rippling of the surface occurs. At any time that segregation, texture, rippling or application rate are in non compliance with the specifications due to mix equipment or workmanship, work will be stopped until the Owner's representative is insured that the non conformance has been corrected. After lay -down work is completed and before final acceptance by the City Representative, spot application of slurry seal material may be required to correct any deficiencies such as streaking, scuff marks, tire tracks, gaps, etc. to improve the ride quality and overall appearance. Slurry seal material required to correct deficiencies due to unsatisfactory workmanship will not be paid for but shall be at the Contractor's expense. 2. Joints The longitudinal joint between adjacent lanes shall have no visible lap, pinholes, or uncovered areas. Build- up or unsightly appearance shall be not be permitted on longitudinal or transverse joints. The use of burlap drags or other type drags shall be at the direction of the City Representative. Thick spots caused by overlapping shall be smoothed immediately with the hand squeegees before the emulsion breaks. Longitudinal joints shall be overlapped no more than 6 inches over previously placed slurry. Slurry seal will be measured and paid for by the square yard of street surface properly sealed and accepted by the City Representative. Building paper shall be used at transverse joints to minimize or eliminate overlap. When drags are used, they must be kept clean and free of build-up. Joints shall be straight and have a neat appearance. 3. Hand Work Approved hand squeegees with burlap drags shall be used to spread slurry in areas not accessible to the slurry mixer. Care shall be exercised as to the specified application rate and workmanship, as to leave no unsightly appearance from hand work.. 4. Mix Stability The mixture shall possess sufficient stability so that premature breaking of the material in the spreader box does not occur. The mixture shall be homogeneous during and following mixing and spreading, it shall be free of excess water or emulsion and free of segregation of the emulsion and aggregate fines from the coarser aggregate. Spraying of additional water into the spreader box will not be permitted. 5. Lines ' Care shall be taken to ensure straight lines along curbs, shoulders andjoints. No runoff on these areas will be permitted. Lines at intersections will be kept straight to provide a neat appearance. 6. Curing The slurry seal mixture shall be proportioned to permit traffic on the newly sealed surface within l to 4 hours of placement. Slurry treated areas shall be allowed to cure until such time as the City Representative permits their opening to traffic. The Contractor shall protect the area with suitable barricades for the full curing period, per the approved traffic control plan. Project Specifications - Page 17 of 27 0 • REVISION OF SECTION 409 ASPHALT SLURRY SEAL 7. Rolling Slurry seal placed on parking lots, alleys, cul-de-sacs or low traffic volume areas, as determined by the City Representative, shall be rolled with a pneumatic tire roller with a minimum weight of four (4) tons. Rolling , shall start when the slurry seal has set sufficiently to prevent any pick-up of material and rolled a minimum of three (3) coverages by the roller until a uniform surface is obtained. Payment for rolling will not be measured or paid for separately, but shall be included in the unit price for Slurry Seal. 8. Maintaining Traffic ' The seal coat shall be applied to alternating streets to provide sufficient public parking for those residents living on streets which have been closed. Traffic will not be allowed on the newly placed bituminous ' material until, in the opinion of the City Representative, the bituminous material has sufficiently set and bonded to prevent damage by vehicular traffic. Areas which are subject to an increased rate of sharp turning vehicles may require additional time to allow for a more complete cure of the slurry seal mat to prevent damage. Street closures shall be opened as soon as the material has sufficiently set and bonded. , 9. Manholes and Valves Manholes and valves on streets to be slurry sealed shall be clean when the work is completed. They shall be , covered in a suitable manner prior to sealing, and the covering shall be removed immediately after the street is sealed. The Contractor shall submit the method for protecting manholes and valves to the City Representative for approval at least two weeks prior to commencement of work. After sealing, the ' Contractor shall verify accessibility to manholes and valves to the satisfaction of the City Representative at the end of each day. Manholes and valves shall be marked by the Contractor prior to placing the slurry to insure each one is located and can be found after slurry sealing. , 10. Stockpiles and Equipment Storage The Contractor is solely responsible for finding and using suitable stockpile locations. The Owner shall be allowed access to the stockpile locations at all times. No portion of the right of way may be used for , storage of materials or equipment. Materials shall be stored in an area to prevent water saturation and contamination of stockpiled aggregates. On -site emulsion tanks shall be empty and cleaned of all residual asphalt prior to delivery of the first load of approved emulsion. Written authorization to use private property to store equipment and materials shall be obtained from the property owner and submitted prior to mobilization and use. The Contractor shall also submit a letter of indemnification to the Owner and the property owner. ' 11. Cleanup All material swept or blown onto sidewalks, trash, all discarded slurry seal material, or other refuse shall be collected on a daily basis, removed from the site, and disposed of to a site approved by the City ' Representative. All applied slurry surfaces shall be swept by an approved sweeper to remove any excess raveled material which becomes dislodged from the street surface after five (5) days. Dislodged material from the street shall be disposed of to a site approved by the City Representative. Payment for sweeping shall be paid for separately as described in Section 02000 "Revision of Section 105; Maintenance During Construction". Excessive raveling, as determined by the City Representative, shall be swept by the Contractor at no additional cost to the Owner. Project Specifications -Page 18 of 27 1 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate i I 11 i REVISION OF SECTION 409 ASPHALT SLURRY SEAL QUALITY CONTROL The City Representative may use the recorders and measuring facilities of the unit(s) to determine application rates, asphalt emulsion content, mineral filler and additive. Yield estimates with supporting documentation from the metering devices and material delivery, tickets will be provided by the Contractor on a daily basis. 1. Materials The Contractor will supply the City Representative with samples of the aggregate and asphalt emulsion used in the project at the City Representative discretion. Gradation and sand equivalent tests may be run on the aggregate and (residual asphalt) content tests on the emulsion. Test results will be compared to specifications. The Owner must notify the Contractor immediately if any test fails to meet the specifications. 2. Slurry Seal Samples of the material may be taken directly from the mixing unit(s). Consistency and residual asphalt content tests may be made on the samples and compared to the specifications. Costs will be computed in accordance with Section 01400 "Quality Control". The Owner must notify the Contractor immediately if any test fails to meet specifications. The calibration of the slurry mixing unit will be periodically checked as discussed under "Equipment; Calibration". 3. Noncompliance Frequency of testing will be at the direction of the City Representative. Noncompliance of materials shall be basis for rejection. It is the responsibility of the Contractor, at his own expense, to prove to the City Representative that the conditions have been corrected before work may continue. See Section 01400 "Quality Control". METHOD OF MEASUREMENT Subsection 409.09 shall be revised as follows: Slurry seal will be measured and paid for by the square yard of street surface properly sealed and accepted by the City Representative. This payment will be full compensation for preparing street surfaces, installing a tack coat if required, furnishing all labor, material, tools, equipment, incidentals and for all the work involved in placing the mix, including rolling and oil spot primer. Any additional additives used by the Contractor must be approved by the Project Manager. No separate payment for additional additives will be made unless approved prior to use by the Project Manager. It is imperative that the City Representative's representative be present at the time of delivery of all materials. Conformance with application rates will be determined from delivery tickets, minus any excess material not used on the project. It is the Contractor's responsibility to notify the City Representative 24 hours prior to ' delivery of materials so that a representative may be present. No payment will be made for materials delivered without proper notification. Proportions of the material components to be used will be set by the City Representative, as well as the spread ' rate. These will be defined in the project mix design. Application rates will be set to match the approved mix design. If the yield is determined to be in excess of the maximum application rates, or below the minimum application rates, the slurry seal will be subject to rejection ' or a price reduction as follows at the direction of the Project Manager: Project Specifications - Page 19 of 27 I 0 REVISION OF SECTION 409 ASPHALT SLURRY SEAL AMOUNT BELOW MINIMUM APPLICATION RATE PERCENTAGE REDUCTION IN FINAL PAYMENT 1 - 5% IF 10% or Rejection 5 - 10% IF 20% or Rejection 10%+ To Be Determined by the Project Manager The Owner will continually be checking quantities using run sheets. The Contractor is encouraged to also check quantities with run sheets to avoid the penalties described above. Yield estimates with supporting documentation from the metering devices and material delivery tickets will be provided by the Contractor daily. Responsibility for ensuring proper spread rates and material proportions is solely the Contractor's. BASIS OF PAYMENT Subsection 409.10 shall be revised as follows: The accepted quantities of slurry seal will be paid for at the contract prices per square yard of street surface properly sealed and accepted by the City Representative, minus any reduction for noncompliance with approved aggregate and emulsion application rates. Payment shall include all equipment, labor, materials, overhead, incidentals, and mobilization required to complete the work as described in the specifications. Payment will be made under: Pay Item Unt 409.01 Type 11 Slurry Seal - All Street Locations Square Yard 409.02 Type 11 Slurry Seal - Parking Lots Square Yard END OF SECTION Project Specifications - Page 20 of 27 ' REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES Section 630 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 630.01 shall be revised as follows: This work shall consist of fumishing, installing, moving maintaining and removing temporary traffic signs, advance warning arrows panels, barricades, channelizing devices, and delineators as required by the latest revision of the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD), the City of Fort Collins "Work Area Traffic Control Handbook", and the Larimer County Urban Area Street Standards. In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govem. When a device is not in use, the Contractor shall remove it from the project for the period it is not needed. Devices temporarily not in use shall, as a minimum, be removed from the area. Moving will include devices removed from the project and later returned to use. The City of Fort Collins shall pay for the maximum number of each type of traffic control device being used at one given time per day. Larimer County shall pay for Construction Zone Traffic Control lump sum. Traffic control devices shall be placed and/or stored in the right-of-way in such a manner that minimizes the hazards to pedestrians, bicyclists and vehicles. Traffic control devices shall be removed from the site immediately upon completion of the work for any street(s). MATERIALS Subsection 630.02 shall include the following: 1 All traffic control devices placed for this project must meet or exceed the minimum standards set forth in the MUTCD. All traffic control devices shall be clean and in good operating condition when delivered and shall be maintained in that manner on a daily basis. All traffic control devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (i.e. crossed out information, information written in long -hand style, etc.) Additionally, any sign blank with sign faces on both sides must have the back sign face covered when in use to avoid confusion to motorists traveling in the opposite direction and other potentially affected parties, such as residents affected by any information the sign may present. CONSTRUCTION REQUIREMENTS Subsection 630.10 shall be revised as follows: TRAFFIC CONTROL PLAN Traffic control through the construction areas is the responsibility of the Contractor. ' For all locations, a Traffic Control Plan shall be prepared. The Traffic Control Plans for the City of Fort Collins shall be on City supplied forms. The Traffic Control Plans shall be submitted for approval to the City Representative by 8:00 a.m., two working days prior to the commencement of work. (Note: Traffic Control Plans for work done on Monday and Tuesday shall be submitted the previous Friday by 8:00 a.m.) Full road closure plans shall be submitted no later than Friday mornings by 8:00 a.m. for projects starting the following week. All plans shall be delivered to the City Streets Department, 625 Ninth St. Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Traffic Control Plan has been approved. Project Specifications - Page 21 of 27 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES Failure to have an approved Traffic Control Plan shall constitute cause for the City to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. All costs associated with Traffic Control Plan review will not be measured or paid for separately, but shall be , considered incidental to the Work. The Traffic Control Plan shall include, as a minimum, the following: (1) A detailed diagram which shows the location of all sign placements, including advance construction signs (if not previously approved) and speed limit signs; method, length and time duration for lane closures, and location of flag persons. ' (2) A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to: construction signs; vertical panel; vertical panel with light; Type I, Type 11, and Type III barricades; cones; drum channelizing devices; advance warning flashing or sequencing arrow panel. Certain traffic control devices may be used for more than one operation or phase. However, all devices required for any particular phase must be detailed and tabulated for each phase. (3) Number of flaggers to be used. , (4) Parking restrictions to be in affect. Approval of the proposed method of handling traffic is intended to indicate those devices for which payment is to be made. Such approval does not relieve the Contractor of liability specifically assigned to him under this contract. , Parking Restriction Plans for the City of Fort Collins shall be submitted and approved which show the location and quantity of "NO PARKING" signs, the date to be placed, and the date to be removed. The plans shall be prepared on City supplied forms. The Parking Restriction Plans shall be submitted to the City Representative by 8:00 a.m., two working days prior to the commencement of work. (Note: Parking Restriction Plans for work done on Monday and Tuesday shall be submitted the previous Friday by 8:00 a.m.) All plans shall be delivered to the City Streets Department, 625 Ninth Street. Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Parking Restriction Plan has been approved. Failure to have an approved , Parking Restriction Plan shall constitute cause for the City to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. The cost for preparing and submitting the traffic control plan shall be included in the contract unit price for Traffic Control Supervisor. Subsection 630.11 shall be revised as follows: TRAFFIC CONTROL MANAGEMENT Traffic Control Management shall be performed by a Traffic Control Supervisor (TCS). The TCS(s) shall possess a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control Supervisor or Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor. (Proof of certification shall be presented to the Owners Traffic Control Manager, and when requested by a representative, for each TCS utilized on this project.) ' Project Specifications - Page 22 of 27 l 1 ' REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES One TCS shall be designated as the Head TCS. The Head TCS shall have a minimum of one year experience as a certified TCS. Qualifications shall be submitted to the City Representative for approval a minimum of one week prior to commencement of the Work. The Head TCS shall be on site at all times during the construction when payment is made under the contract unit price for Traffic Control Supervisor per day. When the TCS is being paid under the TCS per hour item, time spent on site may be modified by the City Representative, as needed, based on the size and complexity of the project, location of work, duration of the project, traffic factors, weather, and roadway characteristics. The TCS shall be equipped with a cellular phone. The cost of this phone shall be incidental to the day or hour pay unit for TCS. It is the intent of the specifications that the Head TCS be the same throughout the project. If the Head TCS is to be replaced during the project, the City Representative shall be given a minimum of one (1) weeks notice and ' qualifications shall be submitted for approval for the replacement. The Head TCS will be paid for under the TCS item. The TCS's duties shall include, but not be limited to: (1) Preparing, revising and submitting Traffic Control Plans as required. (Review fees will not be measured or paid for separately, but shall be considered incidental to the Work.) i(2) Direct supervision of project flaggers. ' (3) Coordinating all traffic control related operations, including those of the Subcontractors and suppliers. (4) Coordinating project activities with appropriate police and fire control agencies, Transfort, school districts and other affected agencies and parties prior to construction. A typed hand delivered 1 notification shall be delivered to all businesses and residents at least 24 hours prior to construction. (The notification of residents and businesses may be accomplished by a representative of the TCS.) (5) Maintaining a project traffic control diary which shall become part of the Owners' project records. ' (6) Inspecting traffic control devices on every calendar day for the duration of the project. (7) Insuring that traffic control devices are functioning as required. (8) Overseeing all requirements covered by the plans and specifications which contribute to the convenience, safety and orderly movement of traffic. (9) Flagging. (10) Setting up traffic control devices. ' Notification of residents and businesses shall be the responsibility of the TCS and shall consist of distributing letters indicating the nature of the work to be completed, any special instructions to the residents (i.e. limits on lawn watering during construction, etc.), the dates and times of the work, and the parking and access restrictions ' that will apply, as well as thorough information placed on "NO PARKING" signs. Sample letters will be provided by the City Representative and shall be distributed prior to the commencement of each phase of the work. Letters shall be submitted with the Traffic Control Plans for approval. Approved letters shall be distributed a minimum of 24 hours prior to the commencement of work. (Note: The time frame criterion for distributing letters is the same as for posting "NO PARKING" signs.) The cost for preparing and distributing the letters shall be included in the cost for TCS. IProject Specifications - Page 23 of 27 ' REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES Traffic control management shall be maintained on a 24 hour per day basis. The Contractor shall make arrangements so that the Traffic Control Supervisor or their approved representative will be available on every working day, "on call" at all times and available upon the City Representative's request at other than normal working hours. All costs associated with "on call" service, excluding actual hours worked, shall be included in ' the contract unit price for Traffic Control Supervisor. The TCS's will be paid only for days the Contractor works, and as directed by the City Representative. On weekends and other days the Contractor is not working, the TCS will not be paid. Time spent maintaining signs on the weekends, holidays, bad weather days, and other days the Contractor does not work shall be included in the unit prices for the equipment. Time spent setting up equipment, modifying equipment, maintaining equipment, and picking up equipment shall be included in the unit prices for the equipment. ' All traffic control devices shall be placed under the supervision of a Traffic Control Supervisor. The Traffic Control Supervisor shall have up to date copies of the City of Fort Collins' "Work Area Traffic ' Control Handbook", and Part VI of the MUTCD, pertaining to traffic controls for street and highway construction, available at all times. METHOD OF MEASUREMENT ' Subsection 630.15 shall be revised as follows: Quantities to be measured for construction traffic control devices shall be the number of units of the various sizes and descriptions listed below: Construction Traffic Signs: Size A Signs - 0.01 to 9.00 Square Feet Size BSigns - 9.01 to 16.00 Square Feet ' "NO PARKING" Sign with Stand will be measured and paid for separately and not included in the item for Size A Signs. "NO PARKING" Sign with Stand shall consist of a metal sign attached to a device (stand) such as a Vertical Panel or Type I Barricade. The sign material and stand shall be approved by the City Representative. The sign material and stand will not be measured and paid for separately but shall be included in the Contract Unit Price for "NO PARKING" Sign with Stand. The cost for "NO PARKING" Sign with Stand shall include delivery, rental, setup, modification, maintenance, and pickup. "NO PARKING" signs must remain in Dlace until the street is open to traffic. The "NO PARKING" signs shall be in effect for one or two days only. Traffic channel izing devices consisting of vertical panel, cones, or drum channelizing devices will be measured by the unit. Barricade warning lights shall be measured and paid for separately if approved by the City Representative. Advance Warning Flashing or Sequencing Arrow Panels will be measured by the unit. The number of Traffic Control Supervisors shall be approved by the City Representative prior to each days work. The quantity to be measured for the Traffic Control Supervisor will be the number of authorized days ' performed by the Traffic Control Supervisor or his approved representative. An authorized day shall be any day, or portion of a day, authorized by the City Representative, that construction operation would require a Traffic Control Supervisor. "On Call" and project inspections on all other days will not be measured and paid for separately but shall be included in the work. , The cost for setting up equipment, modifying equipment, maintaining equipment, and picking up equipment (not including "NO PARKING" Sign with Stand) during authorized days shall be included in the Contract Unit Price for Traffic Control Supervisor. I Project Specifications - Page 24 of 27 I I I 1 U r I I I I IJ REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES If a TCS(s) is used for an authorized day, but not for the entire day, the TCS shall be paid at the Contract Unit Price for "Traffic Control Supervisor" at the per hour rate. The quantity to be measured for flagging will be the total number of hours that flagging is actually used as authorized. Hours of flagging in excess of those authorized shall be at the Contractor's expense. Flagger breaks shall be included in the Contract Unit Price for Flagging. The method for covering flagger breaks shall be approved by the City Representative. Flagging outside of the construction work hours will not be paid for under the terms of this contract unless authorized in writing by the City Representative. Flagger stand-by time will not be paid for under the terms of this contract. In locations where traffic control is set up and the work is not performed due to Contractor caused delays, the traffic control shall not be paid for under the terms of this contract. The costs for advance warning "NO PARKING" signs for periods in excess of 24 hours prior to the advancement of work, including those instances when said signs have been changed or otherwise updated to reflect current schedules, will not be paid for under the terms of this contract unless authorized by the City Representative in writing. In addition, the Owner shall deduct from compensation due the Contractor $10.00 for each traffic control device per day for said conditions, including "NO PARKING" signs and any signs which are not removed from the site immediately upon completion of the work. BASIS OF PAYMENT Subsection 630.16 shall be revised as follows: The cost for Traffic Control Devices, not including "NO PARKING" Sign with Stand, shall include delivery, rental, and pickup. The cost for setting up equipment, modifying equipment, and maintaining equipment will be paid for under the Contract Unit Price for TCS as described above. The cost for "NO PARKING" Sign with Stand shall include delivery, rental, setup, modification, maintenance, and pickup. Payment shall be full compensation for furnishing, erecting, maintaining, moving, removing and disposing of construction traffic control devices necessary to complete the work. All construction traffic control devices which are not permanently incorporated into the project will remain the property of the Contractor. The initial manufacturing will be paid for Specialty Signs per unit and the actual use paid for under the appropriate unit cost for Size A or Size B sign. This item shall apply to new signs only. Once manufactured, they may be used throughout the project. Upon completion of the work, the Specialty Signs shall be returned to the Contractor. Payment will be made under: Pay Item Unit 630.01 "NO PARKING" Sign with Stand Per Day Per Each 630.02 Vertical Panel without Light Per Day Per Each 630.03 Channelizing Drum Without Light Per Day Per Each 630.04 Type 1/II Barricade without Light Per Day Per Each Project Specifications - Page 25 of 27 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES 630.05 Type III Barricade without Light Per Day Per Each 630.06 Size A Sign with Stand Per Day Per Each 630.07 Size B Sign with Stand Per Day Per Each 630.08 Size A Specialty Sign - Cost of Manufacturing Each 630.09 Size B Specialty Sign - Cost of Manufacturing Each 630.10 Cone with Reflective Strip Per Day Per Each 630.11 Safety Fence Per Day Per Roll 630.12 Light Per Day Per Each 630.13 Advance Warning Flashing or Sequencing Arrow Panel Per Day Per Each 630.14 Variable Message Board Per Day Per Each 630.15 Traffic Control Supervisor Per Day 630.16 Traffic Control Supervisor Per Hour 630.17 Flagging Per Each Per Hour Flagger hand signs will not be measured and paid for separately, but shall be included in the work. The flaggers shall be provided with electronic communication devices when required. These devices will not be measured and paid for separately, but shall be included in the work. The cost of batteries, electricity and/or fuel for all lighting or warning devices will not be paid for separately but will be considered subsidiary to the item. Sand bags will not be measured and paid for separately, but shall be included in the work. The Contractor may provide larger construction traffic signs than those typically used in accordance with the MUTCD, if approved; however, payment will be made for the typical panel size. The Owner shall not be responsible for any losses or damage due to theft or vandalism. Project Specifications - Page 26 of27 1 1 1 1 1 1 1 1 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES SPECIAL CONDITIONS FOR WORK ON ARTERIALS AND COLLECTORS NOTE: CROSS STREET TRAFFIC SHALL BE MAINTAINED AT ALL TIMES UNLESS AUTHORIZED BY THE CITY REPRESENTATIAVE IN WRITING. NOTE: FULL CLOSURES ON ARTERIALS AND COLLECTORS, INCLUDING THOSE LISTED ABOVE, WILL BE ALLOWED UNDER EXTREME CIRCUMSTANCES AND ONLY UPON APPROVAL OF THE CITY REPRESENTATIVE. PLANS SHALL BE APPROVED A MINIMUM OF ONE WEEK PRIOR TO THE COMMENCEMENT OF WORK AND/OR THE TIME REQUIRED TO ADEQUATELY NOTIFY THE PUBLIC THROUGH THE MEDIA. SPECIAL CONDITIONS FOR WORK ON RESIDENTIAL STREETS NOTE: FULL CLOSURES ON ALL RESIDENTIAL STREETS SHALL BE ALLOWED AS SHOWN ON THE TRAFFIC CONTROL PLANS. END OF SECTION Project Specifications - Page 27 of 27 SECTION 02500 QUANTITIY ESTIMATE This work shall consist of placement of Type II asphalt slurry seal on designated streets and parking lots in the City of Fort Collins. Specific locations are described herein. Locations not listed in this section will be added by Change Order as they arise. All quantities stipulated in the Bid Schedule at unit prices are approximate and are to be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The basis of payment shall be the actual amount of materials furnished and Work done. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amount of Work actually performed and materials actually furnished and the estimated amount therefor. i ' SECTION 00610 PERFORMANCE BOND ' Bond No.g29534173 KNOW ALL MEN BY THESE PRESENTS: that ' A-1 Chipseal Company 2001 W. 641h Lane, Denver, CO 80221 4a"ndMdual-h4@.Partner.&h4 (a Corporation), hereinafter referred to as the "Principal" and ' Western Surety Company (Firm) 10375 Park Meadows Drive, Littleton, CO 80124 (Address) 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 sum of Three Hundred Sixty -Eight Thousand Seven Hundred Forty Dollars and Twenty Cents ($368,740.20) 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 th&Principal entered into a certain Agreement with the OWNER, dated the 25th day of July, 2011, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 6054 Asphalt Slurry Seal 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 Notice ' without 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 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 OWNCR. 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W w C u U .� J W �' O O Q C C �yCj U❑ O C: y. y W a J❑ k J y y F 3,� ❑ o'❑ F F m 3 3 �3 u u p w w o.o o u u F o o m;g o 3 z z¢❑ w u a. F m zF m z �a z u w z z �a J w m z z¢ u u z o o z ❑ w w 0 0❑ Z m u'i z 0¢ p p m 0 0 0 �.� u Q O O z 6 u ._t 3 J t i o 0 3 umi m i m n3i o` ❑z a w.p m z v_ m >� xz z 3 3 a z i p m o m mm u m x z y F F m o z z y o Y o F,o 0 0 i a a a -z z �, ti M ti ti ti ti y F F E 3 3 E•❑ s y SECTION 03000 DETAILS Rock Sock (RS) SC-5 Straw Bale Filter D23 Gravel Filter D24, D25 I 1 1 1 1 1 Rock Sock (RS) SC-5 Description A rock sock is constructed of gravel that has been wrapped by wire mesh or a geotextile to form an elongated cylindrical filter. Rock socks are typically used either as a perimeter control or as part of inlet protection. When placed at angles in the curb line, rock socks are typically referred to as curb socks. Rock socks are intended to trap sediment from stormwater runoff that flows onto roadways as a result of construction activities. Appropriate Uses Rock socks can be used at the perimeter of a disturbed area to control localized Photograph RS-1. Rock socks placed at regular intervals in a curb line can help reduce sediment loading to storm sewer inlets. Rock socks can also be used as perimeter controls. sediment loading. A benefit of rock socks as opposed to other perimeter controls is that they do not have to be trenched or staked into the ground; therefore, they are often used on roadway construction projects where paved surfaces are present. Use rock socks in inlet protection applications when the construction of a roadway is substantially complete and the roadway has been directly connected to a receiving storm system. Design and Installation When rock socks are used as perimeter controls, the maximum recommended tributary drainage area per 100 lineal feet of rock socks is approximately 0.25 acres with disturbed slope length of up to 150 feet and a tributary slope gradient no steeper than 3:1. A rock sock design detail and notes are provided in Detail RS-1. Also see the Inlet Protection Fact Sheet for design and installation guidance when rock socks are used for inlet protection and in the curb line. When placed in the gutter adjacent to a curb, rock socks should protrude no more than two feet from the curb in order for traffic to pass safely. If located in a high traffic area, place construction markers to alert drivers and street maintenance workers of their presence. Maintenance and Removal Rock socks are susceptible to displacement and breaking due to vehicle traffic. Inspect rock socks for damage and repair or replace as necessary. Remove sediment by sweeping or vacuuming as needed to maintain the functionality of the BMP, typically when sediment has accumulated behind the rock sock to one-half of the sock's height. Once upstream stabilization is complete, rock socks and accumulated sediment should be removed and properly disposed. November 2010 Rock Sock Functions Erosion Control No Sediment Control Yes Site/Material Management No Urban Drainage and Flood Control District Urban Storm Drainage Criteria Manual Volume 3 RS-1 1 Urban Drainage and Flood Control District Urban Storm Drainage Criteria Manual Volume 3 RS-1 1 SC-5 Rock Sock (RS) ' RS U¢" (MINUS) CRUSHED ROCK ENCLOSED IN WIRE MESH 1Yj' (MINUS) CRUSHED ROCK ENCLOSED IN WIRE MESH WIRE TIE ENDS 1 !\ 4" TO 6" MAX AT TO" ON BEDROCK OR ` GROUND SURFACE CURBS, OTHERWISE HARD SURFACE, 2" V-10" DEPENDING IN SOIL ON EXPECTED SEDIMENT LOADS ROCK SOCK SECTION ROCK SOCK PLAN ANY GAP AT JOINT SHALL BE FILLED WITH AN ADEQUATE AMOUNT OF 1X" (MINUS) CRUSHED ROCK AND WRAPPED WITH ADDITIONAL WIRE MESH SECURED TO ENDS OF ROCK ROCK SOCK, REINFORCED SOCK. AS AN ALTERNATIVE TO FILLING JOINTS TYP } BETWEEN ADJOINING ROCK SOCKS WITH CRUSHED ROCK AND IIl 12" 12" ADDITIONAL WIRE WRAPPING, ROCK SOCKS CAN BE OVERLAPPED (TYPICALLY 12-INCH OVERLAP) TO AVOID GAPS. ROCK SOCK JOINTING ROCK SOCK INSTALLATION NOTES 1. SEE PLAN VIEW FOR: -LOCATIONS) OF ROCK SOCKS. GRADATION TABLE SIEVE SIZE MASS PERCENT PASSING SQUARE MESH SIEVES NO. 4 2 100 1J¢° 90 - 100 1" 20 - 55 3/4 0 - 15 %" 0-5 MATCHES SPECIFICATIONS FOR NO. 4 COARSE AGGREGATE FOR CONCRETE PER AASHTO M43. ALL ROCK SHALL BE FRACTURED FACE, ALL SIDES. 2. CRUSHED ROCK SHALL BE 1Ni" (MINUS) IN SIZE WITH A FRACTURED FACE (ALL SIDES) AND SHALL COMPLY WITH GRADATION SHOWN ON THIS SHEET (1)6" MINUS). 3. WIRE MESH SHALL BE FABRICATED OF 10 GAGE POULTRY MESH, OR EQUIVALENT, WITH A MAXIMUM OPENING OF K", RECOMMENDED MINIMUM ROLL WIDTH OF 48" 4. WIRE MESH SHALL BE SECURED USING "HOG RINGS" OR WIRE TIES AT 6" CENTERS ALONG ALL JOINTS AND AT 2" CENTERS ON ENDS OF SOCKS. 5. SOME MUNICIPALITIES MAY ALLOW THE USE OF FILTER FABRIC AS AN ALTERNATIVE TO WIRE MESH FOR THE ROCK ENCLOSURE. RS-1. ROCK SOCK PERIMETER CONTROL RS-2 Urban Drainage and Flood Control District November 2010 Urban Storm Drainage Criteria Manual Volume 3 ' Rock Sock (RS) SC-5 I ROCK SOCK MAINTENANCE NOTES 1. INSPECT BMPs EACH WORKDAY, AND MAINTAIN THEM IN EFFECTIVE OPERATING CONDITION. MAINTENANCE OF BMPs SHOULD BE PROACTIVE, NOT REACTIVE. INSPECT BMPs AS SOON AS POSSIBLE (AND ALWAYS WITHIN 24 HOURS) FOLLOWING A STORM THAT CAUSES SURFACE EROSION, AND PERFORM NECESSARY MAINTENANCE. 2. FREQUENT OBSERVATIONS AND MAINTENANCE ARE NECESSARY TO MAINTAIN BMPs IN EFFECTIVE OPERATING CONDITION. INSPECTIONS AND CORRECTIVE MEASURES SHOULD BE DOCUMENTED THOROUGHLY. 3. WHERE BMPs HAVE FAILED, REPAIR OR REPLACEMENT SHOULD BE INITIATED UPON DISCOVERY OF THE FAILURE. 4. ROCK SOCKS SHALL BE REPLACED IF THEY BECOME HEAVILY SOILED, OR DAMAGED ' BEYOND REPAIR. 5. SEDIMENT ACCUMULATED UPSTREAM OF ROCK SOCKS SHALL BE REMOVED AS NEEDED TO MAINTAIN FUNCTIONALITY OF THE BMP, TYPICALLY WHEN DEPTH OF ACCUMULATED SEDIMENTS IS APPROXIMATELY )i OF THE HEIGHT OF THE ROCK SOCK. 6. ROCK SOCKS ARE TO REMAIN IN PLACE UNTIL THE UPSTREAM DISTURBED AREA IS STABILIZED AND APPROVED BY THE LOCAL JURISDICTION. 7. WHEN ROCK SOCKS ARE REMOVED, ALL DISTURBED AREAS SHALL BE COVERED WITH ' TOPSOIL, SEEDED AND MULCHED OR OTHERWISE STABILIZED AS APPROVED BY LOCAL JURISDICTION. ' (DETAIL ADAPTED FROM TOWN OF PARKER, COLORADO AND CITY OF AURORA, COLORADO. NOT AVAILABLE IN AUTOCAD) NOTE, MANY JURISDICTIONS HAVE BMP DETAILS THAT VARY FROM UOFCO STANDARD DETAILS. CONSULT WITH LOCAL JURISDICTIONS AS TO WHICH DETAIL SHOULD BE USED WHEN DIFFERENCES ARE NOTED. NOTE: THE DETAILS INCLUDED WITH THIS FACT SHEET SHOW COMMONLY USED, CONVENTIONAL ' METHODS OF ROCK SOCK INSTALLATION IN THE DENVER METROPOLITAN AREA. THERE ARE MANY OTHER SIMILAR PROPRIETARY PRODUCTS ON THE MARKET. UDFCD NEITHER NDORSES NOR DISCOURAGES USE OF PROPRIETARY PROTECTION PRODUCTS; HOWEVER, IN THE EVENT PROPRIETARY METHODS ARE USED, THE APPROPRIATE DETAIL FROM THE MANUFACTURER MUST BE INCLUDED IN THE SWMP AND THE BMP MUST BE INSTALLED AND MAINTAINED AS SHOWN ' IN THE MANUFACTURER'S DETAILS. November 2010 Urban Drainage and Flood Control District Urban Storm Drainage Criteria Manual Volume 3 RS-3 Area I n k with Grate % . wo, Straw Sales Staked with 2 Stakes Per Bale O Q 4 a q O Q O� a a n n a a o a a a Sr r \ PLAN VIEW Stake Twine Runoff Compacted Soil is Filtered Wafzr SECTION A —A General Notes: 1. Wedge loose straw between the staked bales. 2. Inspect and repair filters after each storm event. Remove sediment when one half of the filter depth has been filled. Removed sediment shall be deposited in an area tributary to a sediment basin or other filtering measure 3. Sediment shall be removed immediately from traveled way of roads. FIGURE 6.2 0 AREA INLET FILTER STRAW BALES CITY OF;FORT COLLINS, COLORADO STORMWATER UTILITY APPROVED BY: DATE: REVISIONS: D-23 1 [1 Wire Screen— CAI;prox. �Mesh) Fil -Greval Fdf er Area Infer PLAN Vf EW cancreEe Bloc-k Grave! Fi (�er Overflow —� Conemiz Bloc: Wire Screen Runof= ' I=IG Gravel Fker .�,�..•.;, AID iQ �i :a�� I a tuffi!ro Filtered Wz�e r ____? SECTION A -A General Notes: 1. Inspect and repair filters after each storm event. Remove sediment when one half of the filter depth has been filled. Removed sediment shall be deposited in an area tributary to a sediment basin or other filtering measures. 2. Sediment and gravel shall be immediately removed from traveled way of roads. FIGliFE 6.3 AREA INLET FILTER GRAVEL CITY OF FORT COLLINS, COLORADO STORMWATER UTILITY APPROVED BY: DATE: nE'IISIONS; D-24 PAGE 32 Gravel (APProx Diamel_. ' (Aporox.yi'Mesh) M B lock 11 2)c . Win> Screer� � r^*vel F.Kzr PLAN VIEW Oyer-Flou, Filtered i,Va�_2r- Runo;F Wire Szrezn--' °Mi", f 2."xA-"Wood S;Ud SE!/ ION A -A lnlex General Notes: CURB INLET FILTER 1. Inspect and repair filters after each storm event. Remove sediment when GRAVEL one half of the fitter depth has been filled. Removed sediment shall be de- CITY OF -FORT COLLINS, COLORADO posited in an area tributary to a sedi- STORMWATER UTILITY ment basin or other filtering measure. a.R=RQVED BY: 2. Sediment and gravel shall be immediately DATE: removed from traveled Nay of roads. REVISIONS: D-25 FIGURE 6.4 SECTION 03500 PROJECT MAPS AREA MAPS Vicinity Map Meadowlark Silverplume Lexington Green Timber Creek Thunderbird Heights Harmony Crossing PARKING LOT MAPS City Park West Ballfield Parking lot City Park South Ballfield Parking lot Edora Park Playground Parking lot off of Riverside Lee Martinez Park Northeast Parking lot Lee Martinez Park Access Rd to Parking lot Overland Park 2930 Virginia Dale Utility Department 700 Wood St, North side of building, east parking lot No Text I i 1 1 i IN WITNESS WHEREOF, this instniment is executed in three (3) counterparts. each one of which shall be deemed an original, this 26th day of July , 20 11 IN P NCE OF: Principal 7] zozj �, A-1 Chipseal Com an Stephanie Wallis, Corporate Secretary (Title) Dame�J.ala, vice President (Corporate: Seal) 2001 Lane, Denver, CO 80221 1 IN PRESENCE OF: C 1 1 1 1 IRESENCE OF: itness (Surety Seal) (Address) Other Partners Surety Western Surety compan B. Kar A. Feggestad, Attome act 10375 Park Meadows Drive, Littleton, CO 80124 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. r �t_ Cam\ W 201 1 Meadowlark Area City of Wit_ Collins • 20 I I Silverplume Area • �t Collins `�� 201 I Lexington Green Area ,j tCollins • 201 1 Timber Creek Area opt Collins `�� 201 I Thunderbird Heights Fort Collins • 20 1 1 Harmony Crossing VD Y--� Ir W If %Illy, Ilk d Rjl 3' •'N �• �?'?R' „ • Y Y' e V � ��{�{�`f ' tea.. � e'` � ! �. � � �� e t ,„ .or '' `� "' �5+• d IV ` IYV+y.� /• � �Y.L � 1p�� R MN - �f � � it aJ h / �) ` /A' •^Aj C Sri.: ..�,. .+�• FI"Mr ` rid � ' � %`` •� ,,� � � �,�•j• „i P Ic�.-'l'J� . ''It t ✓.-t ��.��1 r / *i.f++�`- c' .. hJ,.i .. A � t 1' ,TM f+ �..+,y }.u.�'' J ♦� " � � ems. S i � � 'Tirr It• } +W `! �, �' , T. i t R � 3 � �4 lr�,♦" �..1}Lil i,� 4,-' � ir,�1 `# JJ.iRRJ'i N. .j41 / J�J �a�e.i ,�, • a• �� L..-...-. �E 4 �°s �"'s •• `S� a'i ♦`-`-'' .•-w� aid •y 41 IL �IR i . 11[;_}�'�ltla`j ♦ '^,, 1 t� 4s.C�°�+ : �i1'c=,�+�Aj+ `" �G'{4 .:(W , . `' �!'�'i' . 'A y�,,��t (+:7 •, [ ,�. �s„ � M` .__,,.�cq {Q'F , t f Y Nr ,!� • � � -r s.�i� iv . �r it �� � sf t� `` � .^ 1 � ♦T�'� • it ♦���/( �� ��• Irv. Hot �/•�_,1,..f}`,{ r._.�'�IFJ'Y�i +yl��� ����! Y 1'♦1e� � , t'3: Atf E 44 I F. 1 714 rKA j�o .. Mal 21 � M-0 T yl k. �� ' !• jr¢� J' :�: �'"� • !; / � .W ..�\: off, i?f ,- , . t _ `- .,� .?t�....�,v _��.+Y•% v2ji �c1 '\/�?\r � �ai1�'f ���1W � t � � _�S�CR•f._Lz ` / y�,.� -._ � �- �/' � � �'S ) 1 ,yr1l'1tt. ...� N[ N L t 7al All � „ yr, '� J �-E`•,�; ��''��-�J� � �' �x.�? � 1 l VVVV � ;'��ll���llli.7�_ ,. V _` ��..K.+.. 7 • :� d of AW A'p4 mr w t ' }i ' .d �. i fit' •e p_7�1.•s n v N. � c ..jg?ayi✓':.c^ r— . i ' SECTION 00615 PAYMENT BOND ' Bond No. 929534173 KNOW ALL MEN BY THESE PRESENTS: that A-1 Chipseal Company 2001 W. 641" Lane, Denver, CO 80221 fan-Individualr(e-Partnerslrp)-,(a Corporation), hereinafter referred to as the "Principal" and (Firm) Western Surety Company (Address) 10375 Park Meadows Drive, Littleton, CO 80124 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 Three Hundred Sixty -Eight Thousand Seven Hundred Forty Dollars and Twenty Cents ($368,740.20)of 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 25th day of July, 2011, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 6054 Asphalt Slurry Seal 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 terrns of the Agreement or to the Work or to the ' Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. ' PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. 1 Fort Collins 201 1 Slurry Seal Program i" Svcs Utility Department North Parking Lot ��E 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 1 of 4 Heavy Equipment and Vehicle Maintenance 1 of 4 I • • 1 I I 11 L� I I I I I I I I I I I I For More Information New Construction Activities for 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 I 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 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 Maintenance permit applies to construction sites disturbing one 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 Construction a contiguous area where multiple separate and Utilities and Storm Sewer distinct 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 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 Pagel of 2 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. • 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 Cihj of Centennial SOP: New Construction SOP, August 2007. Mesa Counhj, Municipal Operations and Maintenance Program, July 2005. Page 2 of 2 0 I I 1 For More Information Name Address City, State Phone e-mail Possible Pollutants 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 1 Street Sweeping Street Sweeper Cleaning and Waste Street, Curb and Gutter Maintenance Street, Curb, and Gutter Replacement and Construction Description Procedures involving the replacement and construction 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 Obtain all applicable federal, state, and local permits for construction projects. ■ The Colorado Stormwater Construction General permit applies to construction sites disturbing one acre or more, or less than one acre but part of a larger common plan of 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. 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 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. Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and 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. I I • 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. 1 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 Still 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. Street, Curb, and Gutter For More Information i Name ; Maintenance Address City, State Description Phone Street, curb, and gutter activities include concrete and e-mail asphalt installation, maintenance, repair, and replacement; bridge maintenance; and painting and Possible Pollutants striping. Procedures involving the maintenance of Fine-grained sediment streets, curbs, and gutters have the potential to impact Organics stormwater quality. Materials involved in these Oil activities should be used efficiently and disposed of Saw -cut slurry properly. Trash When services are contracted, this written procedure Good Housekeeping should be provided to the contractor so they have the Dumpster/Waste Management proper operational procedures. In addition, the Employee/Contractor Training contract should specify that the contractor is Proper cleanup and disposal responsible for abiding by all applicable municipal, procedures state, and federal codes, laws, and regulations. Dry cleaning methods Procedures Related Procedures General Spill Prevention and Response • Protect storm drain inlets and drains with curb Street Sweeping socks, rock berms, inlet protection, or drain Street Sweeper Cleaning and covers/ mats prior to any maintenance activity. Waste . 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. Page 1 of 3 IBridge Maintenance • Do not transfer or load any materials directly over waterways. I• 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 1 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: I I 0 • I • 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. Page 3 of 3 I I I I I 11 I I 1 I I I I I I I 1 • • 1 1 i 1 1 1 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 26th day of July 2011. IN P NCE OF: Principal CO. Stephanie Wallis, Corporate Secretary (Title) VDaniel J.gala,Vice President (Corporate Seal) IN PRESENCE OF: 2001 Wes (Address) Other Partners 1 By: 1 IN RESENCE OF: Surety Western Surety Compan Kare A. Feggestad, Attome - act 1 dress 10375 Park Meadows Drive, Littleton, CO 80124 (Address) 1 (Surety Seal) 1 I 1 1 i NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. MOODY INSURANCE AGENCY, INC. 8055 East Tufts Avenue, Suite 1000 DENVER, COLORADO $0237 PHONE: (303) 824-6600 • I 1 1 11 1 1 1 1 1 u 1 1 1 I 1 - Spill Prevention and For More Information Name Response Address City, State Description Phone Due to the type of work and the materials involved, many e-mail activities that occur either at a municipal facility or as part Possible Pollutants of municipal operations have the potential for accidental spills. Some municipal facilities operate under Spill P P P P Chemicals Prevention Control and Countermeasures (SPCC) plans Toxics that include procedures for spill response. Proper spill Oil response planning and preparation enables employees and Paint ! contractors to effectively respond to problems and Fuel minimize the discharge of pollutants to the storm sewer Good Housekeeping system. Waste Management When services are contracted, this written procedure should be provided to the contractor so they have the Employee/Contractor Training 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 1 • 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 iSpill 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/sl2ilIguidance.pdf and http://www.cdphe.state.co.us/hm/spilisandreleases.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. I . 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. City of Centennial, Department of Public Works: Spill Prevention and Control, No Date. City of Golden, Stormwater Qualihj 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. • • t 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. Page 4 of 4 i • • 1 i -, For More Information i Utility and Storm Sewer Name I System Maintenance Address ii City, State Phone Description This procedure addresses utility and storm sewer system e-mail maintenance. Utilities include power, sanitary sewer, Possible Pollutants water conveyance systems, and the storm sewer system. Sediment Power includes electrical and as utilities. Maintenance Nutrients of power may require excavation and reinstallation of Metals i lines including open cut trenching or directional boring Hydrocarbons in landscaped areas or street right of way. Electrical and Trash gas line maintenance ensures services are provided to Good Housekeeping businesses and households without interruption. ` Waste Management The sanitary sewer system is cleaned as part of routine Employee/Contractor Training maintenance and on an emergency basis. Without proper maintenance, sanitary sewer back-ups and ' Proper Cleanup and Disposal overflows may occur and can result in potential property Procedures damage and significant health concerns if not properly Related Procedures managed. 1 Heavy Equipment and Vehicle Maintenance Water conveyance systems are flushed and pressure tested as part of routine maintenance. Potable water Parks and Open Space Maintenance systems must be properly maintained to ensure delivery ' Spill Prevention and Response of water that meets State and Federal health standards. Failures result in water main breaks that can cause Street, Curb, and Gutter property damage including erosion. Replacement and Construction The storm sewer system is cleaned as part of routine Utilities and Storm Sewer maintenance and on an emergency basis in the event of System Replacement and flooding. Maintenance will remove pollutants and Construction ensure the system functions properly to avoid flooding. Vehicle Fueling 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 i • Procedures General • Conduct routine inspection and maintenance on utility and storm sewer systems. • Where feasible, schedule maintenance activities during dry weather. • 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 c�uipment/Vehicle Maintenance procedure. • 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. 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 I I I I I I I I I I 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 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 Stormwater 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 sewer 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 I I I I 11 I I I t I L 1 Utility and Storm Sewer For More Information Name j System Replacement and Address Construction City, State Phone e-mail Description This procedure covers utility and storm sewer system Possible Pollutants i replacement and construction. Utilities include power, Sediment storm sewer, sanitary sewer, water conveyance systems. Chemicals When services are contracted, this written procedure Organics 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 Construction separate and distinct construction activities 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 ` ' ' ' Astern Surety Con-f any ' POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint ' Evan E Moody, Vera T Kalba, Karen A Feggestad, Daniel S Finholm, Cory R Mueller, Individually 1 of Denver, CO, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, ' undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - ' and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 8th day of June, 2010. WESTERN SURETY COMPANY su"trro Av ri J'Qrh CPr�1p Paul JrBruflat, Senior Vice President State of South Dakota 1 )? County of Minnehaha ss On this 8th day of June; 2010, before me personally came Paul T. Bmflat, to me known, who, being by me duly swoon, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which ' executed the above instrument; that he knows, the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his time thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires ......."������" i D. KRELL ' November 30, 2012 a SEAL NOTARY PUBLIC aEAL r iSOUTH DAKOTA1 D. Krell, NcT5ry Public ' CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation'pn ited on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed ' my time and affixed the seal of the said corporation this _ 2 6 th day of July 2 R1 1 WESTERN SURETY COMPANY «;o 0 2 a4rM � [rzi ' L. Nelson, Assistant Secretary Form F4280-09-06 L 9 • 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 Stormwater Drainage Maintenance Plan, February 2008. Cihd 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. I 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 sewer 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. 1 1 I i Page 3 of 3 • • t City of Fort Collins Regulatory and Government Affairs Division City of F6rt Collins Verification Originator Revised Approved Issued Initials Date LR Oct.09 ss 10/19/09 Environmental Standard Operating Procedure (ESOP) ESOP —Power Washing (Pressure Washing) wastewater 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 Description No. 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 I l A 1 9 City of Fort Collins Regulatory and Government Affairs Division City of F6rt Collins Verification Originator Revised Approved Issued Initials Date LR Oct.09 ss 10/19/09 Environmental Standard Operating Procedure (ESOP) ESOP —Power Washing (Pressure Washing) wastewater 1.0 Purpose 1.1 The purpose of this ESOP is to describe the appropriate methods of handling power washing wastewater. 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 jsystem; 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. x 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 i City of Fort Collins Regulatory and Government Affairs Division aty of F6rt Collins Verification Originator Revised Approved Issued Initials Date LR Oct.09 ss 10/19/09 Environmental Standard Operating Procedure (ESOP) ESOP —Power Washing (Pressure Washing) wastewater please contact the industrial pretreatment office at 221-6938. 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 httl)://www.cdphe.state.co.us/wq/PermitsUnit/PolicyandGuidance/l)owerwash.I)df 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 I I -----^" _-- - For More Information Vehicle Fueling Name Description Address Spills of gasoline and diesel fuel on the ground or on vehicles City, State during fueling can wash into a storm drain and cause water J Phone pollution. e-mail When services are contracted, this written procedure should be Possible Pollutants f Metals I provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the Hydrocarbons ( contractor is responsible for abiding by all applicable municipal, Toxins Good Housekeeping state and federal codes, laws, and regulations. procedures Drip pans General Secondary containment ■ Fuel vehicles at approved locations (municipal fueling Automatic shutoff nozzles station or offsite fueling station). Signs ■ Provide spill kits near the municipal fueling location. Spill response plans Spill cleanup materials ■ If fuel is stored in an above -ground tank, store fuel in enclosed, covered tanks with secondary containment ' Dry cleanup methods (e.g., concrete barrier or double -walled tanks). Employee training Related Procedures All fuel tanks will be inspected per State and Federal regulations. Heavy Equipment/Vehicle Maintenance ■ Periodically inspect municipal fueling locations for the Outdoor Fleet Maintenance following: Spill Prevention and Response 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. Pagel of 3 I I 11 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 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/menuofbmps/, accessed June 18, 2009. Page 2 of 3 I 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. [] I I 1 I ti I I 11 Page 3 of 3 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 Motor oil Fuel (gasoline, diesel, kerosene) Lubricating grease I 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. Good Housekeeping Procedures Maintenance activities should be performed inside a maintenance Drip pans building unless the equipment is too large to fit inside or Tarps temporary repairs need to be made before the equipment can be Covered outdoor storage areas moved to the maintenance building. Consult the Outdoor Fleet Secondary containment Maintenance procedure when it is necessary to perform repairs Proper disposal of used fluids outside of the facility (breakdowns, service calls, etc.). Spill cleanup materials Vehicle Storage Dry cleanup methods . Monitor vehicles and equipment closely for leaks and Employee training use drip pans as needed until repairs can be Related Procedures performed. Material Storage • When drip pans are used, check frequently to avoid Outdoor Fleet Maintenance overtopping and properly dispose of fluids. Spill Prevention and Response • Drain fluids from leaking or wrecked vehicles and Street Sweeper Cleaning and from motor parts as soon as possible. Dispose of fluids Waste properly. Vehicle Fueling Vehicle Washing Page 1 of 4 I I I I 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. L I 1: J 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 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 separator 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. 0 Heavy equipment and vehicle maintenance logs 1 1 1 1 1 1 SECTION 00630 CERTIFICATE OF INSURANCE "CONTRACTOR shall insert his own standard form for Certificate of Insurance. r 1 9 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 i 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 Prograru, July 4, 2005. Partners for a Clean Environment. Stornavater 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 CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00300 Bid Form CONTRACT DOCUMENTS 00500 Agreement Forms 00510 Notice of Award 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 00660-1 00670 Application for Exemption Certificate CONDITIONS OF THE CONTRACT 00700 General Conditions Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00900 Addenda, Modifications, and Payment 00950 Contract Change Order 00960 Application for Payment SPECIFICATIONS 00300-1 - 00300-3 00500-1 00510-0 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 00670-1 - 00670-2 00700-1 - 00700-34 00800-1 - 00800-2 00900-1 00950-1 - 00950-2 00960-1 - 00960-4 Client#: 53076 8A1 C HIPS ACORD,. CERTIFICATE OF LIABILITY INSURANCE DADDnvrv) 7126/226/2011 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(les) 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 endorsement(s). PRODUCER CONTACT Willis of Colorado, Inc. HONE Eat: 303 722-7776 uc No 303.722-8862 720 South Colorado Boulevard E-MAIL Suite 60ON ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# Denver, CO 80246 INSURERA: Travelers Indemnity Company 25658 INSURED INSURER B: Travelers Property Casualty Com 36161 C l Company INSURER C: Pinnacol Assurance 41190 DB A Rocky Mountain Pavement, LLC Rocky ky 2001 West 64th Lane INSURER D: INSURER E: Denver, CO 80221 INSURER F: COVERAGES THIS 15 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. ' INSR LTR TYPE OF INSURANCE ADOLSUS POLICY NUMBER POLICY EFF IMMIDD/Yl'YYl POLICY EXP LIMITS A GENERAL LIABILITY OTC0019OP673 0/0112010 10/01/2011 s1000000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F x1 OCCUR DACHGGOCTGURRENCE PREMISETOE.grance $300000 MED EXP (Any one person) $1 O 000 X CGD2460805 X PERSONAL B ADV INJURY $1000000 GENERAL AGGREGATE s2,000,000 GENT AGGREGATE POLICY LIMIT APPLIES PER PR0. X LOG PRODUCTS-COMPIOP AGG $2000000 $ B AUTOMOBILELIABIUTY X ANY AUTO DT810019OP673 10/01/2010 10/01/2011 EO BINEDISINGLELIMIT 1,000,000 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS HIREDAUTOS X NON -OWNED AUTOS X BODILY INJURY (Per .eider) $ PROPERTY DAMAGE Per accident $ B X UMBRELLA LIAR X OCCUR DTSMCUP019OP673 10/01/2010 10/01/2011 EACHOCCURRENCE $10000000 EXCESS LIAB CLAIMS -MADE AGGREGATE $1 O 000 000 DED X RETENTION$10000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABIUW V I NRE ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? r7N NIA 4055760 10/01/2010 10/01/2011 X WC STATU- OTH- EL EACH ACCIDENT $500000 E.L. DISEASE - EA EMPLOYEE $500 000 It yes diary in and describe antler EL DISEASE - POLICY LIMIT $500000 Dyes, DESCRIPTION OF OPERATIONS Below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES lAttach ACORD 101, Additional Remarks Schedule, If more space Is required) Project Description: 2011 Asphalt Slurry Seal Project Number: 6054 The following are Additional Insureds as respects General Liability only if required by written contract and coverage applies only as (See Attached Descriptions) City of Fort Collins 300 Laporte Avenue Fort Collins, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. 'ACORD 25 (2010/05) 1 Of 2 The ACORD name and logo are registered marks of ACORD #SB44044/M759139 8RSMI I DESCRIPTIONS o� e J. respects ongoing operations performed by the Insured for the Additional Insureds. Additional Insureds: City of Fort Collins All coverage terms, conditions and exclusions of the policy apply. The Additional Insured endorsement which is referenced above under "Type of Insurance -General Liability" is attached. #5844044/M7591390 I 1 1 L 1 omsa7 Insured: A-1 Chipseal Company Polley Number: DTCO0190P673 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED . (CONTRACTORS) Tills endorsemont modifies insurance provided underthe following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section lq Is amender to include any person or organization that you agree In a "written contract requiring insurance" to include as an additional Insured on this Cover - one Pert, but: a) Only wlihrespect toliability for "bodily lnjury", "prvparty darringe" or"personal injury"; and fi) if, and only to the extant that, the injury or damage is caused -by acts or omissions of You or your subcontractor In the performance of "your WOW to wfdch the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured With respect to the independent acts at omissions of such person or organization. 2. The insurance provided to the additional Insured by this endorsement Is limited as follows: a) In the event that the Limils of insurance of this coverage Part shown in the Declarations exceed the limits of liability roquired'by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limbs of liability-m- quired by that "written contract requiring in- surance", This endorsement shall not in- crease the limits of insurance described in Section lit — Limits of Insurance. b) The insurance provided to the ddditional in- sured duos not apply to "bodily injury", "prop. arty damage" or "personal Injury" arising out of the rendering of, or failure to render, any pmfasslonal architectural, engineering or Sur- veying seivices,including: I. 'rho preparing, approving, or failing to prepare or approve, maps, shop draw- Ings, opinions, -reports, surveys, field or- ders or change orders, or the preparing, approving, or falling to prepare or all. prove, dravbgs and specifications; and u• supervisory, inspection, architectural or engineering activities, —C'Q'D246-0806 • ' " c) The insurance provided to the additional in- sured does not apply to 'bodily Injury" or "proporiy damage" caused by "your work' and included in the "products -completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily Injury" or "property damage" that oc- curs before the and of the period of time for which the "written contract requiring insur- ance" requires YOU to provide such coverage or the end of the paltry period, whichever is earlier. 3. The Insurance provided to the additional insured by this endorsement Is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional Insured far a loss we cover under this endorsement. However, -If the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-cantnlrutory basis, this insurance is primary to "other insurance" available to the additional insured which covers that parson or organization as a named insured -for such loss, and we will not share with that 'other insurance". But the insurance provided to tho additional insured by this endorsement sUll is excess over any valid and collectible "other In- sunmcu", whether primary, excess, contingent or On any other basis, that is available to the addl- lional Insured when that person or organization is an additional Insured under such "other insur- ance". 4- As a condition •of coverage provided to the additional insured by this endorsement: a) The additional Insured must give us walton malice as soon as practicable of an "occur- rence or an offense which may result in a claim. To the extent possible, such notice should include: a 20t55'THe st:, auiTfavelersCoinpfinfes,, Ina. . - , " - page 7 of2 ' ' , " I • Insured. A-1 Chipseal Company Policy Number. DTC0019OP673 a COMMERCIAL GENERAL LIAb,,frY 't. How, when and where the "occurrence" or offense took placo; ii. The names and addresses of any injured persons and witnesses; and irf. The nature and location of any injury or damage arising out of the "occurrence" or Offense. b) If a claim Is made or "suit" Is brought against the additional insured, the additional. insured must: r. Immediately record the specifies of the claim or "suit" and the date received; and If. ,Notify us as soon as practicabla. The additional insured must sea to it that we receive written notice of the claim or "suit" as soon as practicable. c) The, additional insured must immediately send us copies of all regal papem received in cenuediun with the claim or "stilt"; copperafe with us In the Invesilgation or sattiement of the claim or defense against the "suit", and otherwise comply with all policy conditions_ cl) The additional insured must tender the de- fense and Indemnity of any claim or "suit" to any provider of 'other insurance" which would cover the additional Insured for a loss we cover under this endorsement. However, this condition does not effect whether the insur- ance provided to the additional Insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named Insured as described in paragraph 3. above. ti. The following definition Is added to SECTION V. DEFINITIONS: "Written contract requiring insurance' means that part of any written contract or agreement undeli which you are required to include a Person or organization as an additional in- sured on this Coverage Part, provided that the "bodlly I*iy" and "property damage" co - curs and the "personal Injury" is caused by an Offense committed: a. Aftorthe signing and execution of the contract or agreement by you; b, While Mat pad; of the contract or agreement is In effect; and c. Before the end of the policy period; Cv52gtTti The St Pail Crxvele s �oi1 pani0.s, i 1c`- CG D2 48 06 06 ' SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE:6054 Asphalt Slurry Seal Project — 2011 Renewal PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: A-1 Chipseal Company ' CONTRACT DATE: July 25, 2011 The Work performed under this contract has been inspected by authorized 1 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. I 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 DA REMARKS: AUTHORIZED REPRESENTATIVE 11 o, • SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 20_ TO: A-1 Chipseal Company Gentlemen: You are hereby notified that on the day of 20_, the City of Fort Collins, Colorado, has accepted the Work completed by A-1 Chipseal Company for the City of Fort Collins project, 6054 Asphalt Slurry Seal Protect — 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 July 25, 2011. In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: ,20 . Sincerely, OWNER: City of Fort Collins By: _ Title: I�119*19 Title: ' 0 I LJ I I SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM:A-1 Chipseal Company (CONTRACTOR) PROJECT:6054 Asphalt Slurry Seal 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. ' 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver 1 Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of 20_. CONTRACTOR: A-1 Chipseal Companv By: _ Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this Witness my hand and official seal. My Commission Expires: day of Notary Public 20_, by_ 0 I SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: A-1 Chipseal Company ' PROJECT: 6054 Asphalt Slurry Seal Project — 2011 Renewal CONTRACT DATE: July 25, 2011 ' In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for ' on bond of (Surety) hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of 20 ' (Surety Company) By: ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. 11 0 n LJ DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303) 232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) A nn Nr)T WRITF IN THIC CPACF 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 - CONTRACTOR INFORMATION Trade name/DBA: Owner, partner, or corporate name: Mailing address (City, Stale, Zip): Contact Person E-Mail address: Federal Employers 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 EXEMPTION 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: 1 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 I HIb LINE • SECTION 00300 BID FORM 1 • • 1 1 Special Notice 1 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. 1 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 1 Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. 1 Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The 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. 1 i i 1 I� 1 1 • SECTION 00700 GENERAL CONDITIONS • GENERAL CONDMOA OF THE CONS'1TRUCTION CONTRACt These GENERA[: CONDITIONS have been developed by, using the STAN ARD•GE rffl ., CONDITIONS OF TIIG CONSTRUCTION CQNTRACr. prepared )iy the finginecrs Joint Contract Doouments: Cotnmitta: F.tCDL No, f9lU-R (t990 Fdnton); as a b=. Changes Eo• that document are shown, by underlining,fext that has,been added and striking through text that has been deleted: EJCDC GENERAL CONDITIONS 1910=8 (1996 EDITION) WITH CITY OF FOXI COLLIN.S MODiFICAI'IONS (REV 9/99) I Article or Paragraph Num 6cr. & 'ritic DEFINITIONS TABLr, or coNTEN-rs.or,"GFNF.RAL cONDWRONS Page Article or Paragraph Kumhcr Number &Titic Lt Addenda .............................................. f 1 2 Agrcemcbt, ................................... 1.3 Application for Payment ..... ................ 1 1-4 Asbestos ............. 1.5 Bid L6 Bidding Documents .............................. 17 Bidding Requirements,:.., .... ...... I 1.8 Bonds ............ ...................... ............. J I _9 Change Cider ...................................._I 1.10 Contract Documents 1. Lh Contract Price_; ....... ....... 112 Contract Tivies 1:13 CONTRACTOR ................. I.................1 1.14 defective .............................................1' 1.15 Drawings --------- ;. .................. I ..... I .... ... i 1.16 Effective Date'of the Agreement .... 1.17 ENGINEER ........................................1. 1.18 ENOINEERs Consultan I I i-19 Field Order. . L, I .... ........... ;I 1120 General Requirements ........................ ;I L21 Hazardous Waste,....... . 2 1.22.a Laws and Regulations'. laws or Regulations ............ .............. __ ...... 1.22.b Legal flotidays ............ ...... ............... 7_7 1. i3 Liens ................................................. 2. 1.-)4 . Milestone . ........................... ................ ) 1.25 Notice ofAward...... ............ - ------- ;-.-.2' I _ii. Notice to Proceed i 1.27 OWNER .... ......... .......... * ................. 2 I _-28 Partial Utilization ................................2 1.29 PCBs : ....... ....... _______1__' - 11 1 1130 Petroleum - --- ........ 131 Project .................................. ........... I ..I I a Radjoactivc.Material ....... ...................2 1-32.b Regular Working -Hours .... 133 Resident -Project Representative ...... 1_.1.2 1.34 Samples ..............................................2 1.35 Shop Drawings .... .......................... . ... 2 1.36 Specifications ..... ................................ 2 137 Subcontractor .......................... : ......... 1. 1_38 Substantial Completion,,,,,,,,,,,,,,,,,,,,,,,,_' ...... I L39 Supplementary Conditions,,., ........ 2 1.40 Supplier.:: -,.......I. 1 : ... 1:. 1 1-41 Underground Facilities ___7 ........ ;_____2-3 1.42 Unit Price W6rk .............:....:.:............3 ........... 1.43 Work ................................ .................. I 1.44 Work Change Directive,,,,,-,,-------------- ,1.45 Written Amendment ............. Page Number PRELMENARY MATTERS ........................ I ....... 3 ,.I Delivery of Bonds.............................3 1.2 2 Copies of Documents ......................... 3' 23 Commencenient.of Contract Timcs;Noticc to Procecd .......... 3 2.4 Starting the % Vork .................... . ....... 3' 2.5-2.7 Before SOrting Construction; CONfPACTORs Respor�sibility to Report; Preliminary Schcdiles; Delivery of Certificates of Insurance 1 3-4 2.8 Preconstruction Conference-.-, 4 19 Initially Acceptable Schedules, ...... 14 CONTT ACT DOCUMENTS: INTENT, AMENDING, REUSE....- ................... ----- ------ 4 33 3,2 Intent ................ 3.3 Reference'to Standards and Speci- fications,of Technical Societies: Reporting and Resolving Dis- crepane iZsd..., ................ ....... 4.5 -3-4 Intent orCertain Terms or Adjectiwcs.:.................................:.s 3.5 Amending Contract Docurients., ....... 5 3,6 supplLnichting Cciiitract Documents,,.,., ............................. 5 17 Reuse of bocurnents .........................5 AVAILABILITY OF LANDS; SUBSURFACE AxD PHYSICAL comxrioNs; REFERENCE POfNTS .........................................5 4-1 Availability of Lands...................:_.. 4,2 Subsurface and Physical Conditions .................................... 6 4.2.1, Reports and Drawings ...................... 4.2.2 Limited Reliance by CONTRAC- tOR Authorized; Technical Data 6 4,2.3 Notice of Differing Subsurface or Physical Conditioni ................. tj5 4Z4 ENGIN'RETs Rev.icw .......................6 4:2:5 Possible Contract Documents Change......................................... 6 4.2.6 Possible Price and Times Adjustments._ _---- ............. _ C �,7 4.3 Physical Conditions --Underground Facilities ...................................... 7 43.1 Shown of Indicated„„___„_..............I 4.3.2 Not Shown Or 4.4 Reference Points ......... ..................... 7 uiciic cL-NmALcoNDrTibNs 19iii-ii 0990 fflnioN) W16TY OF FORT COHINSINIODTIFICA-RONS MEV919 , 911 I 11 I I �1 I I I I L 7 I I 1, I I I I Articicor Paragraph Page Article.or Paragraph .Number &,ritic Number Number &'ritle, 43 Asbestos, PCBs, Petroleiint, Hazardous Waste or Radioactive Wterial ..................... M 3: BONDS AND INSU RANCF .................................. 8 5..11-5.2 ' Berfrmaricc Payment and,Other Bm,�L ........................ ................ 53 Licensed Sureties and Insurers; r,iirtificates of 5A ,CON I TRACrOR' s Liability Jnsuran_ cc 9 5.5 OWNIks Liability Insurance: ........ 5.6 'Property Insurance_- ......... 53 Boiler and Machinery or Addi- tional Property Insuranc-z ............... ;.10 3.8 Notice of Cancellation Prinision'__10 5-9 CONTPACTOks Respomiibility for Deductible Amounts ........ ......... :1 (1, 5.L0, < Other Special Insurance;,,,,,,,,,,,,,,,,_„ 5.11 Waiver. of Rights ...... I ................ 5.12-5,13 Receipt and Application of Insurance Proceeds.,, ...... T. !J 04 1 -5,14 Acceptance of Bona and Insa- once; Option to Replace- 1 5.15 Partial Utilization -Property Insurance . ....................................... 11 6. C0_NTRAcr6KsRFSPONsrBILrnES ............... 11 6.1-8.2 Supervision and Superintendency..,,.., 11 6.3-6.5 Labor; Materials and Equipmciit .... 11- . 12 6:6 Progress Schedule . ... ...................... ..1 2 6.7 ;Substitutes and "Lif-Equal" Items;, CCe4R=.AC-TOR!s Expense: Substitute Construction. Methods or Procedures; ENGINEM.Fvaluakion &.S-6.11 Concerning Subcontractors, Suppliers and Othcrs, Waiver of Rights . ....................... j 3-14 6.12 Patent Fees and Royalties ........... ........ 14 r:ly Permits-_-,-. . 14 6.14 Laws Ind-ke-gul :.....................14 6. t5 Taxes 14-15 0.16 Use of .................... 15 617 Site Cleanline&j ...... P ....... P ................. 15 6.18 Safe Structural Lotiding ...................... 15 6: 19 Record Documents 15 6. 2 0 Safety and Protection,,,,;,,,;;,;,;,;,,,, 15=16 6.21 Safety Representative,,,;,,.,_.............. 16 6-22 Hazard Communication Programs: ..... 16 6.23 Emergencies, .................................... 16 6.24 Shop Drawings and Sample; ............. :16 Page Number 6.25 Submittal prbceedureir, CON- TRACTOR!s Review Prior ws6p Drawing or Sample Submittal,..,., .... I ----- 71- 7t� --- . ---- 7- 16 6_26, Shop Drawing 4 Sample Submit- tals Review by ENIGIINEM ..... 16-17 Responsibility for Variations From Contract Documents _11,7 6.28 Related Work Performed Prior i.o FiNUMER's Rcvi 6rand Appruval 6f Required Submittals.__-, ............... ......... �17 6.29 Continuing the W-crk-_7 .... 6.30, CONTRACTOR!s General Warranty and Guarantee.,,,;:,,,,, .17 6.31-6.33. 'Indemnifi6ation._-, ............. __17.1.8 6.34 Survival of Obligations,: ........... ; .... j 8 7, QTIIERtKORK._ ............. ............... ............ 18 .7.1=7.3 Related Work at Site-. 18 7-4 .66ord tnatioli 18 OWNER'S RESPONSIBILITIES ......... ........... JS 9.1 ' Communications to CON TRACTOR 18 8.2 Replaccifierivof ENGMEIk ........... 18 .83 Furnish Data andPay Promptly When Due ........... ..... I .... I ........... 18 8.4 LandsarO Easements:, Reports arid1ests..... ........... ..... J 8-19 8.5 Insurance ........................................ 19 1.6, Change Orders.,.,:: 1-:19 8-7 Inspections Tests and Approvals.................. ....... 19 8.8 Stop or Suspend Work; Terminate CONTRACTORs ................. ... 19 8.9 Limitations an OWMEWS Responsibilit ies ............................ 19 5.I0, Asbestos, PCBs; Petroleum,. Hazardous Wast, or F�ndioaiitive Material .................... 39 8.11 Evidence of Financii] Arrangements:.,,._..........._..._.... 9. EMMEERS STATUS DURING CONSTRUCT ION.z ..... ...................................... 19 9.1 OWNER's Representative...............19 9.2 Visits to Site;_,,,,_.,_ 19 9.3 Pr6ject Representative ................ 19-21 9.4 Clari6cations and IntcrIircz tations 9.5 Authorized Variations in H)MC CONDMONS 1910;8 (1990 Eon ON! • w(CITY. OF. -FORT C.X)UJN'S MODIFICATIONS IREV 91991. 0 9 1 Article or Paragraph Page Article or Paragraph Number & Title Number Number &TitIc 96 Rejecting Defective-Work,,,;,,,,,,;;,,,,,,: �1 9349 Shop Drawings, Change Orders and Payments:, .................................. 21 9.10 Deternt inatims for Unit Priccl, ...... 21-22 9: 11-9.12 Decisions on Disputes; ENGI- NEER as Initial Interpreter .............. 9.13 Limitations on ENGINEFRs Authority Find Responsibilities,,., 22-23 CHANGES rN THE WORK, � ................ ................ 23 W. I OWNER's Ordered Change ................ �3 14. 10.2 Claim for Adjustment, ...... ....... 7 ...... 103 Work Net Required by Contract Documents,_ ................................... 23 10.4 Change Orders ............................ ;..,.-23 10.5 Notification of Surety_ .............. _ ... _.. 23 CHANGE OF CONTRACT PRICE..............................23 11. 1- 11.3 Contract Price. Claim for Adjustment-. Value of the Work 23A !_ 4 11.4 cost orthe Work .......................... '44-25 11.5 Exclusions to Cost of the Work 2 11.6 CONTRACTO.R's Vee�,,., ... 1'...25 11.7 Cost Recordsk., .... ......... 25-26 11'3 Cash Allowances ........................... _.. 26 1.9 Unit Price Work_ ............................. 26 CHANGE Of CONTRACT TIN ' 4ES ............................. 1�61 12:1 Claim for Adjustment, .......................26 112 Timeof the Essence._.._. 1 Iq . )6 I 113 Delays Beyond CONTRACTORs Control --- ....... ;, 26-27 1-2.4 0_N.:.:...S...::::.......: Delays Beyond F"F'V_'s"_a_n':d' CONTRACTORs Control,,,,,,,,,,,,,,,, . 27 TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFEC77VE WORK ............. .............. _ ................... . 7 13.1 Notice of Defccts ............................... '17 13.1- Access to the Work ...... : I ------------ L ------ 17 133 Tcsts.and (nqpcctio*ns-,, CONTRACTORs Cooperatim,t ......... 27 13.4 OWNER'S Responsibilities; Independent Testing Laboratory,.,,,,, 27 13-5 CCNTRACTOR!s Responsibilities , .......... ........... 17 13,6-13.7 Covering Work Prior to Inspcc- tion. Testing or Approval.:_,:.,-......:. 27 13.8-13:9 Uncovering WorkatENIGI- 0agn Num ber- NER�R s Request ...................... 27-28 alo OWNER May Stop the Work: .......... 23, 13:11 Correction or Removal of Defechva Workt.......................... 78 13,12 Correction Period,,,,,;,,,,,,,, ' I ............ . 28 11-3.13 Acceptrinee ol"Defee Iive'Worl ......... 28 1114 OWNER May Correct Defictivi- Work PAY&IFNTsTo courmurm AND COMPLEHON ............................. ............ ... 29 14.1 Schedule of Values:__ ____! ...... '.29 14.2 Application for Progress Payment ..................................... 29 14.3 CONTRACTOR's Wirranty of Title. : ...... ; ........ I ; ............ :'; ...... 14:4- 14.7 Review of Applicsti6ns-156r Prowess Payments......-_..... _29-3Q 14. 3; 14.9 Substantial Completion.,;,,,_... 30 14.10 Partial Utilization, ... 14- H Final Inspection ..............................31 14.12 Final Application,ror payment ........ 31 14:1344.14 Final Payin eni and Acceptance, ..... il 14:15 Waiver of Claims, ......... ........ :..11.32 15; SUSPENSION CIF WORK AND TERMINATION 32 15.1 OWNE k OWNER'May Suspcnd'Wor.......... 32 - 15.2-15:4 okkINFR may Terminate . . ............... 32 15.5 CONTRACTOR May Stop Work or Terminate ., ...... ........ 32-33 10WRIM MUM, 17. MISCELLANEOUS 33 17.1 Givins Notice ... ......... .................. 33 17.2 Computation of Tmics. .................... i3 173 Notice of Claim ............................. ;33 17.4 Cumulative Remcdius, ;.33 17.5 Professional Fees and'.�oi�t Costs Inclu&d ......... ................... 33 17.6 Applicable State Laws_ ............. 33-34 Intentionally left blank...--,-.----_ .................. _....35 FWMIT GC -A: (Optional) Dispute Resolution Agreement ..................... GC -Al 16. 1'4.6 Arbitration. ------_--------- , .... GC -Al 16:7 Mediation ........ ; ........ L-I ........... QC -Al HJCDC OLNEKAL CONJJTIONS 1910 -8 119190 EDITION) W0 TY OF FORT COIJJNS MODTFICATIONS (RE V 9/991 I I I I I I I I I I I 1 1 L I I I I 17 h 1 1 I INDEX TO:GENERAL. CONDITIONS City of�Fort Collins modification to.the General'Condititiris of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of - Bonds and Insurancq:............... . ........................ 5.14 defective Work.............................10.4'A. 13.5; 13.13 final payment ......... ...............:...........9.12 14.15 insurance:........................................................ 5; l4 other Work, by CONTRACTOR, ...... ....... I ....... 73 Substitutes and "Or -Equal. Itemg „ ...._.,,§.7.1 Work by OWNER...............................15. 630, 6:34 Access to the -- Lands. OWNER and CONTRACTOR responsibilities 4.1 site. related Work,,., ..........: %Fork...........................................13,2,' 13.14, 14.9 Acts or Omissions--, Acts and Omissions= CONTRACTOR ;.. 6.9;1, 9.133 ENGINEER........................_:...-...........6.20, 9.13.3 OWNER' ........................... . ........................6: 20. 8. 9' Addenda -definition of (also see definition ofSpticifications) - {I 6 1 IU 619), I:I: Additional Property Insurances„ , 5.7 adjustrncnts= Contract Rice or Contract Time s,,,,::....-•„;.., 1.5; 3:5. 4,G4.3:2, 4.5.Z . .. ?-53; 9.4i 9_5. 10.2-10.4, ...... :....... :................. ........:11,.12, 14.8. 15;1 .progress schedulB............... ..................:.......:.... PA Agreement-- detinition o(............ . 1:2 '.All -Risk' Insurance, policy form . ..... ........... ;........ 5,6.2 Allowances, Cash....................................................11.8 Amending Contract Documents ............. ......:......:.. . 3.5 Amendment, Written-- in•genersl„..............j.10, 1,45, 3:3, 5:10, 5,12, 6.6.2 ..........................6.8,Z 6.19, 10.1. 10.4, 11.2 .....::...:..:::.::::.:.::.::.:::.. 12A, 13.1'_.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent.to.._....................... :10, 9.1 I, 10.4, 16,s 16.5 Application for Payment- definition.of............ ................:............... ..1.3' F-NGiNEFR's Res nsibili final payment,,,,,,,,,, 9.13.Q 9.13.5' 14.12-14.15 in general ..........................2.8; 2.9. 3.6.4,'9.10, 15:5 progress payment,-,;,_.,_,.- .14.1-14.7 review of .:..:::.......:......:. 14,9.14:7 Arbitration :.............. ........... .... 16.1-16.6 Asbestos claims pursuant thereto. 4.5.2„4.5.3 CONTRACTOR authuriied'to stop Work .......... 4.5.2' dcfinition of.........:.............................................A.4 Article or Paragraph Number OWNER responsibility for ............................ 4.5.1, 8.1it. iiossibic price and times change,,.,_,.,.....,, 4.5.2 Authorized Variations in Work .......... 3.6. 6.25, 6.27, 9.5 Availability of Lands.:",.- ",.. ......41.8.4 Award. Notice oC-defined L25 Bcforc'Starting Constructiort............... ........ .1.5-2:8 Bid--dcfinition of ....................... IS (l.1, 1.10, 2-3.3:3. 4.2.6.41'6.13, 11.4.3; It.9:1) Bidditig Documents defmttion of ...... .. .:.:...... I.5(6:$2) Bidding Requirements -definition 06...................I..............•......;L7 (l.l; 4,2.6.2) Bonds" acceptance of, ........ .................... 5� 14 additional bonds;,,".............................10.5. 11.4:5.9 Cost of the Work............................................11.5.4 definition of !,8 delivery of ..: . . ....... wl .......... 7-1. 5;1 final Application for Paymcnt.................14;12-14aq general.............................:........L10, 5.1.513. 5.13; _... .....:.................: 9.11'10.5. 14. 7.6 -Performance, Payment and'Other Bonds and Insurance--ingenerai.................................5 Builder's risk 'all-risk" policy form;..... 6..................$.6.2 Cancellation.Rovisions; Insurancq._._, ,5A.I 1, 5:8, 5.15 �Cash. AIIowance.,........ 6....... 6 .... ,............ ., .,... ...J1.8 CertificateofsubstantialCompletiog 1.38,630.2.3; .... .................... 6......... I ........ I ...... 14.8. 14.10 Certificates of Inspection....,,,__ ...... :.9,13.4, 13.5, 14.12 Certificates of Insurance- 2,7.'53. 5A 11, 5.4,13. ................... 5.6 o; 5.8, 5.14. 9,13-4, W-12 Change in Contract Rice. - Cash Allowances,., ... .... 11.8 claim for price adjustment,,,,,,,, , 4 b 4:2.6, 4.5. 5.15, 6.8.2, 9:4 ..... ,,,........... 9.5, 9 11, 103, 10.5, 11.2; 13:9; ......................1113, 13.14, 14:7, 15.1, 15.5 CONTRACTOR's Ice..,........."............................11.6 - Cost of the Work general ..................... ...................... ...:11.4-1 L7 Exclusions lo....::::::.:::.:.:...:.:...:..:...:.:.:::..:.a 1-5 Cost Records.: .............. -:._.......... ......:....... .... .:)1.7 in general....,"...... j j9 1.44, 4.11, 10.4.2, 10.4.3; 11 Lump Stun Pricing...., 11 3.< Notification of Surcry: „ ,..,., . _.,... ,.10.5 Scope u4............:::.......:......._.........__....,, I0.3-I0.4 Testing and Inspection. Uncovering the Work :............. 6...................13.9 Exa7cq[,\U Lc.0N0tn0Ns19io-3jimrmnoN -wt CITY OF FORT COLLINS MODIFICATIONS (REV 9i99) 0 0 I Init Price Work 11-9 Article or Paragraph Number Value of Work ........... ...................... .............. 1Lj Change in Contract Timcs- Claim for tunes adjustment ...... :4. 1, 426, 4.5, 5.15, 6,8;2, 9.4. 9.5. 9.11. 10.2. 10.5; 12.1. ....... 13.9, 13.13, 13.14, 14.7. 15.1, 15-5 Contractual time limits ..: ........... Delays beyond CONTRACTOR!& control 12.3 Dela ys beyond OWNER's and CONTRAcToRs control. . ........ 7 ...... Notification of surety ... ....... 1 ......... 10,5 Scope of change ........................ .............. ; 10.3r 10.4 Change Orders -- Acceptance of Defective Work,-----..___...„-:--.;, 13.13 Amending Contract Documfcntg ............... Cash Allowances 14 Change of Contract Price..-_..._ ....... M� ...... I ........... I I Change of Contract Times-,,,.... ....... 12 Changes in the Work ...... t__ ............ ------ ---- ---10 - CONTRACTOR's fee ........................................11.6 Cost of the Work ................................... ;.,') I-9-1 1.7 Coil Records 1,1.7 definition of ............ ...... ............ z -------- :..j.q .1 emergencies, ................................................... 6.23 ENGINEER!s responsibility ....... 9.9. 10.4. 1112. 12.1 e'xccution 6C... : ................................................. 10.4 Indenthificiion ......................... OA22, 6: 16, 6.3 1 1 �6.33 Insurance, Bonds and ............ .......... 15 If%, 5: 13, 10:5. OWNER May Lenninaiiq ............................. 15.2-15.4 OWTNER!s Responsibility ..................... 10.4 Physical Condit. ions -- Subsurface and ..... ; ..................................... _ 4:2. Underground Facilities- ............................. 4.3.2 Record Documents ;_6.19 Scrape or Change........ _......................... ....10.3-16.4 Substitutes ............................................. 6.7.3, 6.8.2 Unit Price Work ............................................... 11.9 value of Work; covered by: ............ I .................. :11.3 Changes in the Work-----_ .......................... ... 10 Notification of surety .........................................10.5 OWNERs and CONTPACTOR!s responsibilities, .... .............................. ........ 10.4 Right to an adjustment ..................... - : --------- I .... 10.2 Scope of change ........................................ 10.3-10A Claims -- against CONTRACTOR. .... ............. _6.16 against IRNGINEER_;..: ....... ........ against OWNER........... 6,32 Change of Contract Price ....................... .... :9A, 1 I'1_* Change of Contract Timci...........................9.4, 12.1 c6NTRAcTows T I, §A, 9._5, 9.11. 10.2, .............. ............ 11,7, 13.9, 14.8. ................................ 15:1. 15.5. 17.3 CONTRACTOWs Fee :11.6 Article or Paragraph Number CONTRACTOEVs liability..,. -,,,,,SA, 6.116.16, 631 Cog of the Work 211.4. 115 Decisions -on Disputc,.j ...............................9.11, 9.12 Dispute Resolution ......... J6.1 .Dispute Resolution Agreernent' ................... 16.146.6 ENGINEER as initial interpretai .... Lump Sum Pricing ............ ......... _ _ : -- -- 11.3-2 ------ Noticeof-...--- _ ........ ....... ....... ........... OWNER's....................9.4. 9.5i 9.11. 102: 11.2, 11.9 ................:.......12.1. 119, 13; 13. 13:14. 17:3 OXVNE-Rs liability,,_ ......... 7 ... _t,f5"5 OWNI ER may refuse to make payment ................14.7 .Professional Fees and Court Costs Included 17.5 request for formal decision oq ........................... 9..Il Substitute Items ................ I .................... I ....... 6.7,1-2 Time.Extension..... . ............................... ........... 12.1 Time requirements,...,,,,.,, 911 12.1 'Unit Price Work.:::7 7 - , 77 :w - 7 r; :: :: :,-1.9.3 Valueof ......... ....... ...................... _._, .j ......... J.1.3 Waiver of,un'Final r34yment .... ....... 14.14, 14.15 Work Change'Directive�... --- 4 ... 10J. written notice required,,,,,;,,,,,,,„ .._.q. 11. 11.212.1 Clarifications and interpretations,,,,,,,,,,,, 343, 9.4, 9.11 Clean Site . ............................. . ............................. OA7 Codes of Technical Smicty, Organization or Association Commencement of Contract Tim es 2:3 Communications - general .; ... .......... .......... 6.2. 6.9.2. 8:1 Haiaid Communication Programs ........... 1_,_.;.6.22' Completion -- Final Application for Paenj ..........................14.1Z Final Inspection .................. .............. .... . I _ .......14.11 .. ... 14.11 Final Payment and Acceptance ------- ---- --- 14.13-14.14 Partial Utilization, ........................................... 14.10 Substantial Completion ................. .... 1.38, 14.8-14.9 Waiver ofC16ims ..................... ...................... J4.15 Computation of Times",_...:...._ .. ............... 17:2.1.0.2.2 Concerning Subcontractors, Suppliers and Others ............................................... _jti.8-6.11 Conferences - initially acceptable schedules,,,,,,,,,,,,,,,,,,,,,„-....-, 2.9 pre construction.................................................. 118 Conflict, Error. Ambiguity. Discrepancy- coNTRACTOR to Report- .......... .......... z.2:5, 3.3.2 Construction. before starting by CONTRACTOR............................................ -1-5-2:7 Construction Nfachinery, Equipment, etc," ................04 Continuing the Work ............. I ........................ 6.29.10.4 Contract Documents— Amending.................................................... ...... 3.5 Bonds 5.1 EXX M-14FRAL COMATIONS 1910-8 (1 Y90 EDITIOM W/CITY Of: FORT COIIJNS MODIFICATION'S (REV 91991 I I I I I I I I I I I I I I I I Cash Allowances ....... ...................................... 11.8, Article or Paragraph Numl.wr -Change of Contract Price ........................ Change of Contract Times. 12 ';h3tIgei in the Work,,, lo.4-lo..5 chock liad verify........._ . . ............. ....... .............. 1,5 ClarificAtionwand Interpretati6rui,... 2, 16, 9 4, 9 definiiion of..,-: . ENGINEER INFER as initial interpradi of ....... ENGINEER as OWNER ie ............. -- ,gencral3 Insurance,,,,,,,;,,,,,,,,,;,,. ........ ........ 53 Intent* ....... * ....... ......... ....... I ............. 3.1-3.4 minor variations in.the Work ............ ............... ,3.ti bAtles responsibility to 6urnish'data____._ -.8.3 OWNER's responsibility JoLmake prompt payin ent ...................... 14:4, 114.13 precedence .................. . ........ . ....... _ ........ 3A. 33.3 Record'Documents.......''' ...............6.19 .........6.19 Reference to Standardstn of Technical 3 oci&icy.......... ...................... _3,3 Related Work ...... ..... A ................... Reporting and Resolving Discrepancies .... __23, 313, Reuseof ....... ... ;_ 4 ......................... __ ................ 3.7 Suppictfientir g .................................................. ):6 Termination of ENGINEERS Empl9ymen;., ........ 9.2 Unit Price Work,,,,.,.,,,, .................................. )1.9 variations ........................ .......... ...... 3.6, 6.23, 6.27 Visits -to Site, UNGNEER's . .......... .......... .......... : Contract Price" adjustment of ...... 4.1. 9.4,•10.3; 11.2-11.3 Change of ............ I Decision on Disputei,_, .... .................... I .... 9.11 definition of., .................................................. JAI Contract Times - adjustment of,,: ............ 7 ........ 3.5, 4.1.,9.4, 10.3, 12 Change of., .............................................. 12,1-12.4 Commencement of ..... ........ ! .............................. 2.3 definition of:, ... ............ CONTRACTOR- Acceptance of insurance,,,,,,,,,.,........... Comm unicationsp ..................................... ;k.2. 0.2 Continue Work .................... .............. j6.29, 10.4 coordination and scheduling . ....... .,;_ 1. _7_6.912 definition of ............................................ ........ JA3 Limited Reliance,on Technical Data Authorized ....... .......... ..... 4.2.2 : hfiy Stop Work or. Terminate,,;,,;,;,,;,;,;, 15.5 provide site access to others;,,,,,,,,,,,,,,,,,,,,„ . . 7.2, 13,2 'Safety and Protection....................4.3.12, & 16, 6.18,, ................... 6.21-6.23, 7.2, 13.2 Shop, Drawing and Sample,Review Prior to Submittal 0.25 Stop Work requirements ..................................4.5 2 COMFRACTOR's.- Articlew Pafneqph Number C6nipensation ... .. ..... .... ... I 11LI 1.2 Continuing Obligation ....... ............................ 14J5 Dq/ective Work,,,,;,,, ............. .......... 9.6. 13.10-1314 Duty to Uirrect, Jeecfive tVork ................. 1111 Duty to Report- Changcsin the Work caused by Fmcrgccy . �n............ ........ . .............. 6,23....... I Defects In Work of Others ............................. 7.3 Differing conditions ........... ............ 4 * 2.3 Discrepancy in'Documents, ........ 2. 5. 3.3.2. 6,14.2 Underground Facilities not indicated ........... 4.3.2 Emergencies .................... .............. ...... : ... 0.23 Vquipment.and Machinery Rental. Cost of the Work. , ... ; ......... ....... ; ........... ; 11,4.5.3 Fee --Cost Plus .................. 1.4,5.6, 11 3_1, 11.6 General Warranty and Guarantee ...... .... . ... ....... 036 Haar ' d Communication Programs,,,,,,,,,,,,,,,,,,,,; 6:22 lndemnificntiont, ... 6.12 6.16: 6.31-6.33 Inspection orthe Work,,,,,,,,,,,,,,,,,,,,,,,,,, , 7:3, 13:4 Labor. Materials and Fquioalfenj ................ p 3 6.-5 Laws and Reggudations,, Camolianceby .............. 6.14j. Liability hisurince ............ ............... ....... Notice of Intent,to A pea1 .........................00. 10.4 obligation to perform and complete theWork ................ .......... "i ............. ..... §,30 Patent Fecs and Royalt-ics'"paid for by., ............... �5.12 Performance and Other Bonds ............................. 5.1 Permits, obtained and paid for by........................0.13 Pro ........... 2;8; gress SchcdulS........, 2.9, 6.6, ._ .... ; ........ ;..; ........ 15,2.1 Request fdr ftirmal decisionon disputes., ............ 9,11 Responsibilities-. Cha,ngL% in the Wort10.1 Conccrn!*nr, Subcontractors. Supplies and Others ..... ;__ ......... .6.8-6.11 Continuing the Work ............ ............... 0.29. 10.4 . CONTRACTOR's Lxpen so ...... .............. 6.7.1 CONTRACTORS General Warranty Guarar.. itec.............. 6,311 -And CONTRACTOR'S review prior to Shop Drawing or Sample submittal ................ ,j5.25 Coordination of Work,,,,- ....... .......... 7 ......... 6.9.2 Emergencies .............................................. j6.23 EN(jTjNEE-R!s ii4aluiti6n, Stil-witutis ' or "Or -Equal" Items.._.__.................... ..§.7.j For Actsarid Omissions of others 0.9:1-6.9.2, 9-13 for deductible amounts.insurancc. ...... ........... i� general ......................................... 6,12, 7,3.8.9 hazardous Communication Programs,,;...... ;.6.2.2 InderanificatioA ............................... 6,31-6.33 E-jcDc GENuAL CONDITIONS I 9t 114 i I 990 EDITION WCITY OF FORT COLIJNS MODIFICATIONS I.REV 91") 11 0 0 1 Labor, Materials and PquipmenL ............. 03-6 * 5. Laws and Regulations. . �� .............6.14 Liability Insurance ............ :_. _ 1 11111.1 -.1 ..... 5.4 Article or Paragraph Number Notice of variation from Contract Documents, ............... . .. ...................... 6. 27 Patent Fees and Rcyalties §.12 Perin its.::...::::..:.:.:.......:::::..:..::..:.::::....:....:.b. 3 Progress Schedule_. _..1 ...... 1 ......... :-: ............ ! ... 6,6 Record 136cuments ............... .. ...... ........ 6.19 related Work performed Prior to ENGINTERs approval of required submittals __j6.28 safe structural loading ................................. 6.18 Safety and Protection .................... 5.220, 7.2, 13.2, Safety Representative______ ................... ....... 6.21 Scheduling the Work;; ..... V.. F., ........ Shp Drawings and Samples ....................... 6.24. Shop Drawings and Samples Review by ENC41NEER ......... ........ 6.26 Site Cleanliness ...... 17 Submittal Procedures ...................................G25 Substitute Construction Methods and Procedures ; .z_: Substitutes and !Or-Eqcial" It6ms. .......... __6.7.1 Superintendence.......................................... 6:2 Supervision ................ _ ................................0.1 Survival of0bligations ................................6.34 Taxes 15 Tests and Inspections ................................... 13-5 ToReport ..................................................... 2.5 Use of Premises.._� .......... � _.. 0. 16,6. 18; 6.30.2.4 Review Prior to Shop Drawing or I Sample'Submittal ................. ; .... ........... . ......6.25 Right to adjustment for change§ in the Work ..... 102 right to claim_,..,-,,,-, 1,7.1,9 * 4,9.5,9 ' 11, 10.2,11.2. 1!9. 12.1. 13-9. 14.8. 15:1. 15.5. 17.3 Safety and Prot ection .................. j6.20-6.22, 7.21 13,2 Safety Representative ....................................... fi.21 Shop Drawings and Samples Submittals,,, 6.24.6.28 Special Consultants-, ....... 1._ .... _ ---_-------_ 11.4:4 substitute Construction Nlethods. and Procedures„ 6,7. Substitutcs.and *Or -Equal" Items. Expense, ................... ...................... 6.7,1. 6.7.2 Subcontractors, Suppliers and Others ... ...... j6.8-6.11 Supervision and Superintendence .......... 6.1. 6.2, 6.21 Taxes, Payment by ..................... ........... 1. - . .... 6. 15 Use of Premises _..6.16-6. 18 Warranties and guarantees,,,;,,,,;,,,;,;,;; ;_J.5. 6.30 Warr anty of Title ,! ' ......... ............. Written Notice Required -- CONTRACTOR stop Work or Terminate ........ 15.5 Reports of Dif6iring Subsurface . and Physical Conditions .......................4.2.3 Substantial Cam pletion ...... 4_4 ..................... 14.8 tiii food RACTOPS--other ............ ..................... ............. I Contractual Liability Insurance,,,, . . ........ 0. contractual Time Limits ...... .......... 12.2 Article or Paragraph Number Coordination- CONTRACTOR!s responsibility ........... ............. 0.9.2 Copiesof Documents ............................................. Correction ...... Correction. Remo * val or Acceptance of Defective Work-- in general ... : ........ ...................... IU:4.1. 13.1(1-13.14 .Acceptance of Defective Work .......... Couection or Removal of Defective Work .............................. :_6.30, 13.11 Correction Period 13.11 OWNER May Correct Defective Work --------------- 13.14 OWNER May Stop Work ................... :;.;; ....... Cost. - of Tests and Inspections..,...._._.....:_ ................. 13.4' Records 113 Cost of the Work - Bonds and insurance, additional ................... 11:4.5.9 Cash Discounts ....... .............. I ......... 1; ............ j 1. 4.2 coNTPACTOR's Fee ..................... 11A Employee Exp;nscs__._.,, ...... .............. 11.4.5.1 Exclusions.tc. .... I ............ ...... I ........ General 1.4-11:5 Home office,and overhead cxi*rise*., 11.5 ,Losses and'dam ages.....................................11.4.5.6 Materials and 1 L4.2 Minor expenses ...........................................11.4.5.8 Payroll costs on changes,,,,,,, 11.4.1 performed by Subcontractors .... j L 4.3 Recordsll,7 Rentals of construction oquipperit and machinery .................... .............. _.1 1.4.5.3 Royalty payments; .permits and license fees j 1 A.5.5 Site office and temporary facilitfe*: ............... 11.4.5s2 Special Consultants. CONTRACTCR!s ............ J1.4.4 Supplemental..:-.. ;� ..... _ _; .... ; ....... .............. 11.4,5 Taxes related to the Work 11.4:5.4 Tests and Inspection., ........................................ j 3A Trade Discounts j 1.4.2 Utilities; fuel and sanitary Facilitivj .......... ... 11 A- 5.7 Work after regular hours,,,,,,,,„....................... 11.4.1 Covering Work ............ .................................. )3.6-13.7 Cumulative Rcrncdics,..._., ......................... .17.4-17.5 Cutting, fitting and patchin& ........ :_ ... ::... 1 Data, to be furnished by OWNER_ ......................... J3 Day; -definition of ............................... ................ J 7.2.2 Decisions on Disputes ................................... �9.11, 9.12 defective -definition of ...................... 1.14 d?fectily Work - Acceptance of ................... .................. 10.4.1. 13.13 EJCDC CENEaAL CONDITIONS 1910-8 (1990 EDITION) W1 CITY OF FORT COLUNSMODIFICATIONS (REV 9/99) I I I I I I I I I I I I I I I I I I • e'iry dFan Cd1ea SbrrySed najM 11e71e62J EmeN T77TS NO D1KCR1PT70N DP71T' COVMILCT OMIT PRICTi TOTALCDST' 10510' Swcep4AD Sheds FuE S 6,500,00 1 13p".oa 105M Slv" -q5-A0'Pvtung Laiv 1:u4 2 S 5'a1.00. 1 1,11100) p1,161 am, wan Pff tim. R6'k POW Wit* 9kh 30.00 1 •92.00 1 1,760.00 e 01 7YPr D Aphdl Sony Soil = Alt Street Lu'Bfi= SY 10.760 S I'M S. 276.693.60 0.0m Type D Agt57119uay Sell• Parting Lora 'Sy' 22.i 10 i 120 f S0A2R.00 63001 `4o Pafmp'Spl Alib 9vrd Pa Ury Pa Part 2.W0 1 .1.20 1 '3J20.00 67ace word Pmd Widim i Tight Per Dry Per Fadr 20 3 0+17 S 9.40 63003 Cheaaehaagfl=ds Per DIP Pa Pact M f 0.41 f 9.40 ,00N Typ. VD Oawiude Altbow light Per Day ➢erram 20 1 0.117 5 9.to 6300 M Derriwde withmot liglet Per Dry Pa Each '50 1 l70 S 60.00 now 9aa A Sip, A6 ih Slaod P. Dry PC, Each UO S 1.20 1 MOO rO D7 Sze a Sign A4th Strait PcrDy PerEatll l20' f 1.20 S '141.00 00 LE S= A Sp.4111y S1m- COA Of Mamfadlaiap Each .1 S 40.85 f 00.83 _TOM 9re 13'Sperially Svn •l;od of MamfaGuaing Fach I f 10.46' S. 40." t3o, 10 Coac*1th ErIIeNvistrip Pcr Dry Prr ED& .sw f 0.60 f' ".00 bind Wily F.. 1'ar Uvy lhr 0dl l0. It U,60 1 6.6D 6x t: light Per Dry Per Ekb 10 f 03} f 3.20 GOO - Adv =W"ag Mz4i ag -ai ScrNnvnll Moo Pmd Pi].Dy'PQ hide 5 .f .TL'15. S 11&75 63014 Vvilhre 5fetaze Doad Per Day Per Each '5 f 151.75 S 759,75 e3o is 4afc Cmmol Stpnvis 'Per Day 1} S 462.00 16,930.60 6T016 TT>mc Cmad Saepewfaor Per Dmr IOO. 1 45SO f 4350AD 0017 Flagairrg. P"amt .400' 1 2T.00 S. 81SW10 IO'1'AL'MST, S. ,Si1fA0.yA llvee lOmAtd t1y MSS TTduand Sweo RmRed Party .Dallaead T%"W C�ent�a/� Sgaed �f AddMs iC.1 'Z,YtiW IGi, V.p. .i Choosy .A-1 CLi^d Pwy.C�� �02� /21 41Y 1{I�1 1{/(7WI [hch O= ladeidW Doing Dadwa in Coagnuy.tme. IV r�niian P=.rd,ip 0 E Correcri'on-or Removal of;........... ....._....J0.4-1, 13:11 Correction Period._:: .....•. I ... zz,z ...... -, 13.12 in general ......... 4 ........ 1;.13. 14.7. 14.11 Article or Paragraph Number ,Observation by Ei\1(HNEEP ............. ........... 9; OWNER May Stop Work ................................. 13.10 Prompt Notice of Defects . ....................... ..... 13; 1 .9,6 Unwveringrthe Work,., ... :-: .......... Difinitians Delays ......................................13, 6.29, 123-I24 Delivery of Bonds ...... .... . . Delivery of certificates or ha'suran .7 Determinations for Unit Prices,,,,,,,,,,,,,,,,,,,, , 9.10 Differing Subsurface or physical Conditions - Notice of. . .......... . z. 4.2.3 ENGTHEERs Review 1 :4;Z4 Possible Contract Documents Changq ............. 4-2,5 Possible Prici-,xnd Times Adjustments .............. 4.16 Discrepancies -Reporting and Resolving--- 2.5: 3.3,16 14.2* Dispute Resolution - Agreement, : ............. ; ................................ jfi;1-1&6 Arbitration general [6 Mediation......................................................... t6.6 Dispute Resolution Agreem eni; . ........ ................ k6:1-16.6, Disputes, Decisions by ENGINEER,;,,,,,,,,,,,,, 9. 11-9:12 Documents- Copicsof ........................ ............................ Record 6.19 Reuse of,,: Drawingsz-defini 15 Easements Effective date of Agrecinek- definition q( ............. 1,16 Emergencies 6 23' ENGINEER - as initial interpreter an disputes ............. 1 1-9: 12 definition of 1,17 Limitations on authority and r'csponsibiIitic!,..,..9.'I3 Replacement 0E. ..... ..... 1—. 8 2 Resident Project Representative, .... .33 ENG-rNMERs Consultant -- definition of ..................1.18 FNGINEEk's, authority and responsibility, limitations on ......... 9.13 Authorized Vhriations in the Work ................. ... 9.5 Change Orders, responsibility for...... 0.7, 10, 11, 12 barifications and Interpretations— .... ....... ).6.3 .9.4 Decisions on Disputes,,. .- � ........ i .... ;;9.11-9, 12 defective Work, notice of ................................. Evaluation of Substitute Itemq Lia6ilily......................... ..........................4,2, 9.12' Notice Worke; Acceptable ,, .... ...... 14.13 -Observations................ ............... 0.30.1-9.2 OWNER's Representative......._ ............. ...... 9:1 Payments to the CONTRACTOR:. Responsibility for .-,--- ............ :9.9. 14 Recommendation of 14'-13 .,Xrticle or Paragraph Numbei Responsibilitics-Limitations Lin•............... ;9.11-9.13 Review of Reports on Differing Subsurface and physical Condit -. ,,: ... i.::.t,4.2A Shoo Drawings and Saimples.. review r6ponsibility .. ..................... ........ ...... §,26 Status During Cori.structioft- authorized variations in the Work --- 9.5 Clarifications and litterpretationA .............. t.-.9.4 Decisions on Disputes ........................... 9. 11-9.112 Determinations on Unit .......... RIO ENGINEER as Initial Interpreter,----,-,. 9. I 1-9.12 ENGINEEKs Responsibilities,,,;,,,,,, ,9 1 -9.12 Lim itations on EN.G INEER!s Authority and Responsibilities .............. - ........ -9:13 OWNER!s Representative--;-. 9:1 project Representative-, ...... RejectingDefiective Work...............................9.6 Shop Drawings, Change Orders and Payments.,..., ......... Visits to Sitg; ...... ; ..... z ................ ., .... 9.2 Unit Price determinatiorij ................................. 9.10 Visits to Site . Written consent roquin:4 ...... .............. 3.2.9.1 Equipment, Labor, Materials and„...................„§.3-63 Equipment renfat, C6st of the Work ... ........ ....... 11.4.53 Equivalent \Iateriala and Equipmerkt ................ ; ....... 6.7 error or am issicrul. ........... 633 Evidence of Financial Arrangerhents-. Explorations of"physical condition -I.;., .......... ; ......... 4,'2,1 Fee, CONTRACTOR!s-Coits Plus ........................... 11.6 Field Cirder- definition of,., issued by ENGINEER ................................ 16.1, 9.3 Final Application for Payment ...............................14.12 Final Inspection .... : ......... - ....... ........ ............. J4.11 FinarPayment and .Acceptance. .................I......._,. .......... 14.13-14,14 Prior to, for cash allowances .... .......................... 1118 General Provisions ...................... ......... ......... 17.3-17'4 General Requirements - definition of ..................................... .......... 1,110 principal references to .............. 2.6.6. . 4.6.(,6 .7,6.24 Giving Notice-,,,_,:.,_:-. --- I ----- ; --- I—— ........ I ----- ---- 17.1 Guarant6e of Wodc-by CONTRACTOR ...... �j6.30, 14.12 Hazard Communication Programs.,,, ....................... 612 Hazardous Waste - definition of general , ........... 4 OWNEWs responsibility for ..... ........................ h.10 EXZC GrNUALCOMITIONS 1910.8 (1990 EDITION wt�.m. OF Fou cowtis MODIMC;TICJM XV9M] 0 0 Indemnification 6.12, & 1 6; 6.31t633 Initially Acceptable Sch edulcs- .... ...... Inspection— Certifficates of, --- ...... ...... :._.,9.13.4, 13.5, 14A2 Final Article or Nragraph Number Special, required byENIGINERR ..........................9.6 9.6 Tests and Approval ...... 13.3-13.4 Insurance.. Acceptance of, by OWNER ...... .........................S.14 Additional; required by changes in the Work Before starting the Work....._._-_..._ ................... 23 Bonds and --in general ..........................................5. Cancellation Provisicruk .....................................5.8 ;.8 Certificates of---,--.,,,_,__, 2.7, 5, 53, 5.4, H. 5.4.13, ...... .......... 0.5.6.5. 5:8, 5.14, 9.13.4; 14,12 completed operations ...... I ............ .................. 5-4:13 .CONTRACTORs Liability ................. __ ............ 5 ;4 CONTRACTORs objection to coverage,,, __._5.14 Contractual Liability.....--„----------- z .... r1:1-ft-T-5.4.10 deductible amounts, COIrTRACTOR!s responsibility ................................... a ............ 5.9 Final Application for Payment-- �,.: .... ; .......... :_14.112 Licensed insurers.......,.._.................................1.5.3 Notice requirements, material changes ........ 5.9, 10.5. Option to Replace : ................ ........................ 1.5. I4 other special insurances.....:: ........................ 5.10 OWNER Its fiduciary for insuieds ............... 5.12-5.13 OlVNEWs Liability ......................... ............. .5_5 OWNERs Responsibility ..................................... 8.5 Partial Utilization, Property Insurance ............ 5.15 Property,, ..... ................. _ ...... Receipt and Application of Insurance Pro6eeds ........................................... 12-5,13, Special Insurance__, ...... -------- .... 5:10 Waiver of Rights.... ........ ...... 5.11 Intent of Contract Documents .... ......................... 3.1-3.4 Interpretations and'Clarificatimip ................... _3,6.3, 9.4' Investigations of physical,conditiorip ......... ; ................ 42 Labor. Materials and Equipment..-.,_.-,,,,-;,-,,, -5 ..... 6.3.6 Lands.- and Easements ........................................ Availability. of ....................................... _.j 1. 8.4 Reports and Tests : ........................... ------- .......8.4 Laws and Regulations --Laws or Regulations -- Bonds... ............................................... Changes in the Work ............. ...... ............ _10.4 Contract Documents..:::_::__...._ .......... 3.1 COINTRACTOR's Responsibilities .....................0.14 Correction Period,defecliv* Work ....................13.12 Cost of the Work, tares ............................... 11.4:5.4 definition of- ........................ .................... 1-22 gencral6.14 Indtarinifiration ....................................... §.31-6.33 Insurance 5-3 Precedence ........... I .......... . 3.3.3 Reference : ......... 3.3.1 Safety and Wb*ti6n_ ......... ...... -.6,20. 13:2 Subcontractors, Suppliers and Others ........... &F-6.11 Article or Paragraph Number Tests and inspections..................................13.5 Use of ...... .......... 6.16 Visits to Site . 9.1 Liability Insurancc; CONTRACTOR'sl ................................... ........... 5.4 OWNERS ........... . .............. 5.5 Licensed Sureties and InsuTc_r51 ...... .1, ............. 5.3 Liens -- Application for Progress Payment ... ....... 4.2 coNTRAcTows Warranty of Title,.,,,_..:.......... 14.3 Final Application for Payment ...... :., ......... ... :J4.12 definition of., ....... .... I ......... 11 ..... I ...... 11.1.1.11 .... 1.23 waivcr of Claims: ................................. I ........ J4.15 Limitations on ENGM- ER's authority and responsibilities-- _ ............... Limiied Reliance bqCONTRACTOR Authorized,,,,,,,,- ............................................. 4.2.2 Maintenance and (emting Manuals -- Final Application for Payment ..... ; ........ ..14.12. Manuals (of others) -- Precedence ....... _3.3.3; 1 Refcrcncc to in Coniiiet Mcumcntj ..................3.3.1 Materials and equipment. - furnished by CONTRA(' TOR ............... ............... 03 not incorporated in Work. ...................................14.2, Materials or equiptricntm-equivalcril ............ :11 ...... fi.7 Mediation (Opticnal),., 16.7 Milestones --definition of .................................. ..... J.24' Mikellancous-- . Computation orrime, ................ . ............ j 7.2 Cumulative Remedies : ....... 17.4 Giving Notice .................................................... 17.1 Notice of Clitni .................................................17.3 Pr6fimsional Fees and Court Costs lncludc¢, ...... ;,17.5 Multi -prime contracts, ----------- I ........... ----------- :_ .......... 7 Not Showri or Indicated .............................. I ........... 4.3.2 Notice of -- Acceptability of Project ................. .................. 1'4:13 Award• definition of ...... ! ---------- 1.25 Claim............................................................ J.7:3 Defects.13.1 Differing Subsurface or Physibal Conditions;_,,,, 4.2.3 Giving_ ............. ........... ... ; ... :;. _: t7.1 Tests and Inspections ......................... ........... ... 13:3 Variation, Shop Drawing and Sample ........ ...6;27 Notice to Proceed - definition of ...... * ......... .. ** ............ * ................... .1_26 givingof ............................................................2.3 EXDC GENERAL CONDITIONS 1910 -8 0 990 EDITION) wl CITY OF FORT MIJINS NIODIFICATTO.MS (REV 9199) 0 0 Notification to Surety ... .............................. .......... j 0-5 Observationi, by ENGINEER..., ............... _:_.§JO,9.2 Occupancy of the Work ..................5.15, 6.30.2.4. 14,10 Omisaitirts or acts by C0NTRACT0A.w.-;-,.,—fi9, 9113 OM-i Peril policyform, Insurance .......................... <:6.2 Option to Replace.,--t ....... : ....... ............ .............s14 Article or Nragraph NwLw '"Or Equal" Items ...................................................... 67 Other work. 7 Overtime Work, -prohibition of..,,,:_------ --...._. 6;3 OWNER-- Acceptance of defiectiva.Work:.......................... 13.1 S, uppoifit an ENGINEER__._;,,; .......... as fiduciary ............. Availability of Lands; responsibility.,,,,,,,.,_„ 4.1. of definition .. ni ................ ............... : ................ 1.27 data, furnish. - ----- ...... --- .. ....................8.3 8.3 May Correct Def&five Work; .... ; ....... — 1; .......... t334'� May re fase�to maki payment .... ....................... J477' May Stop the Work ................................... M10, May Suspend Work, , Terminate ............... ........... 13; 10.- 1 $; I L 15.4 . Payment, make prorpk.:.' ................03, 1414, 14J3 pciformance of othcr,wurk-, .... : ............ ; ........... ;, 7A permits and licenses, requirements;,,;;;,;,,;,;,,,,; 613 purchased irtsuiafice reqUirervient4, ........ -5:10 OWNERsm- Acceptance of the -Work .......................... .... 6:30-2.5 -Charige Oiders,obligation to executo.., .... ,,J.6. 10.4 Communications ............................................... C oordination of the Work ..................... ............................. 7.4 Disputes;request f6r d6cision, P11 'Inspections, tesLs-and approvals ..,,,, ..... ...... $3, 13..4- Liability lnsurancq.., .... 44AA ..1. - 5% 5 Notice of Defects,,;_„,;,,,,,,,,,,,,:.;-33.1 , Repre-sentative—During Construction, ENGW.EWs Status 9.1 Res .ponsibilities- Asbestos. PCBs, Petroleum; Hazardous Waste or Radioactive Material :?;10 ChangeOrders, .......... W;.: I .... ; .... I .............. 8-6 Changes in the Work .... :,:_ --------- communications81 ........................ CONTRA(--rOR'3 responsibilitic4 ...................8.9 evidence of financial arrangem enta............ _8.1 I inspections, teas and appr6vsls,._ ................ 8,7 insurance $.5 lands and easementA .... ...... I ......................8.4 prompt payment by___! —I-- .... ....... ......... 8.3 replacement of ENGINEER ...... z... ......... . ...... $.2 reports and tests ........................................... ............ .......... .............. 8.4 stop or suspend Work ................... 8.8, 13.10;ASA terminate CONTRACTORS ery ic es services--------------- 15,2 separate. representative at site .......................... __93 X1. testing, independent:..........._..._ ...................... 13A use -or occupancy of the %VoiL ....... . ....... _.JAS.6.30.14. 14.10 written consent or approval required......................................... 9-1,,6.3. IIA EX'DC GENMALCWDITIONS 1910-8 i1490 EDITIODO w/cITY, oFF()RTc0I.wNIs moz)wicnnm (REv9i99) Article or Paragraph Number %irritteri notice -7 1. 9.4; 9.11, ......*..............11.2, ............................11.2, 11.9. 14.7: 15:4 PCBs -- definition of general.............. ................... _ .......................... 4.5 OWNERS responsibdify for ..................... partial Utilization - definition general 6_30.2-4, 14.10 Property Insurance....._ ...................................... 5.15 Patent, Fees and Royalp es ....................... sa ........... ... 6.122 Payment Bonds ..... ....... -5;2 Payments. Recommendation of .............. 144m 14,7. 14.13 Payments to CONTRACTOR and Completian- Application for Progressftyments .................... J4.2 CON TRACTOR s Warranty of ritic ...................14.3 . Final Application for Paymenk .........................14.12 Final Inspection ..................................... ......... 14.11 Final Payment and Acceptance„........... _14.13-14.14 general.... ..... ................................... 14 Partial Utilization 14.10 Rctaina9c., ............................................... , ........ 14.2 Review of Applications for Progress Payments..._ � ......... __ ......... J+4-14.7 prompt lisymcht, ................ : ..... .. ........ l3.3 Schedule of Values .............................................14.1 Substantial Completion...._........................ 14.8-14.91 Waiver of Claims .............................................14.15 when payments due ................................ 14.4; 14.13 withholding payment.........................................14.7 Performance Bund4 .......................................... Permits 6.13 Petroleum -- definition oC.,, .............................. ......... ......... ),30 general... ................................................. ........ 4.5 OWNER's responsibility for-, .......... _ ......... 10 Phyg.iral Conditions -- Drawings of, imor relating to,,,,,,,,,,,,,,,,,,,,,,,, 4.2.1.2 ENGMEER's review ......................................... 414 existihg structures......._..........................:........ A-il gencral,4,2,1.2 ........................................................ Notice of Differing Subsurracc or ...................... 4.13 Possible Contract Documents Change .......... ..... 4.2.5 Possible Price and Times Adjustments .............. A.2.6. Reports and Drawings ...................................... 4.2.1 Subsurface and...................................................4.17 Subsurface Conditions 4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ........................ 4.2.2 Underground Facilities-- gmeral........................................................ 4.3 Not Shown or Indicaed ---------------- Protection of........................................ 4.3,6.20 sa Article or Paragraph Num her Shown or Indidated :..4.3.1 Technical Data 4.2.� P.reconstructibri ronferencq.............................. Preliminary Matters,.___,.__..._ ................. Prelim inary Schedulei .............. ........ ....................... 2:6 .Premises, Use of ............. I ...................... I ......... 6 , 16-6.1S Price, Change of 'Contract..,.... .................................... I I Price, Contract --definition of-„_„-_:...,,,.-„_.-;,;,-,-_-,- ....... Progress Payment, Applications for_ . ........ ....... __14.2 Progress PaYmcntrcounagq. .............................. ... 14.2 Progress schedule, CONTRACTO,Wa, .......... ]A, 2.8, 2.9, ................................. 6.6. 6.29, 10.4, 15:2.1 Preject-definition of.-M.- Project Representativ e-- ENG12,11HERs Status During Construction ........ Project Representative, Resident --definition of -------- 1.33' prompt payment by 0WIk .... ........... ....... 83 Property I nmwanci Additional 5.7 gencral5.6-5. 10 Partial Utilization..-.._„_-_7 ......... ........ 5. 151. 14.10-2 recei pt and application or procce(U ............. 5,12-5.13 Protection, Sdf%:ty and, ...... ; ....................... 6.20-6.21. 112 Punch list . ............... ........ .14.11 Radioactive Mat&rial-- defintibn of L32 gener,04.5 OWN'FR's responsibility fie ............................. Recommendation of Paymcq ................. !4.4, 14:5; 14,13 Record Document% ............ 6:19, 1412' .................... ........ Records, procedures for maintaining .......................... 2.8 Reference Points..,...-,.,.. ............. ; ............... ......... 4.4 Reference to Standards and.Specifications of Technical Societies ........... ; .................. ..... _J3 Regulaticrts, Laws and (4) ............................. . ....... 6.14' RejectingDef,ctive Work..,-.-- ...... Related Work -- atSite ......................................... .............. 7.1-7.3 Performed prior to Shop Drawings and Sampics submittals review„ ............ 6. Remedies, cumulative-.------------:.._.._ .. ---.._:,17:4; 17. R&iioval or Correction ot`Dqfacrrva Wtirk ................. Ji, I I rental agiccincrits, OWNER approval required .... 11.4.5.3 replacement of ENGINEER. by OWNER .................... 8:2r Reporting and Resolving Discrepancies ................................ 23, 3.3_1 6,141 Reports - and Drawings ...... ................. ;w ....... ------ ____ 4.21 and Tests, QWNOR s responsibility ,.. ....... ; .......... A Resident and Project Representative.. definition of ....................................................1.33 provision for ............................................................9.3 9.3 WCDC GENEICAL CONDITIONS 1910-8 (1990 EDITION) wi CITY OF FORTCOWNSINIODIFICAT104S (REV 9/99) I I I I I I I I I I I I P I I I I I Article or, Paragraph Number Resident Supefint4iiident, ,COiNTRACTOle4.,, ...... 6 2, Responsibilities-- CONTFLACTOR!s-in generali ..... ........... :6 ENGINEERS -in general ....................................... :Si Limitations an .............................................pi 13 OWNERs-in 8 Retainage ....... ; ... --------- ........ ....... ... J4.2 , Reuse of Documents ............. ............................ Review iryCONTRACTOR: Shop Drawings, and Samples Prior to Submittal.t..........................0.15 Review of Applications for Progress Payment4 ..................................... 14.4-14.7 Fight to an adjustment., ........ .:. . ........................ Rights of Way...___------_ ............ Ruy;ilties, Patent Fces'an4,,,,A.P0.4 ...... W ........ ...... 5.12 Safe'Structural Lohding ........ ............................... :.5.19 Safety: - and Protection ........... 1:7_ ....... : ........ 4.3.2, 6.16, 6.18, 7.2, 112 general ........... r ... I........................... Representative; CONTRACTORS ...... .............. fi.21 Samples - definition of 1__1.34 general .......... ............................... 0.24-6.28 Review by CONTRACTOR ....................... ....... 6.25 Review by ENGINEER'............................ _026, 6.27 related Work .................... ...... I—, ............ I ...... 0.28 submittal of ...................... .................. §.24-2 submittal procedures ..................................... fi.25 'Schedule of prugress.-i ...... .......... 2.6; 2.8-2:9. 6t6, ....... : --------------- 1,.6.29, 10.4, 15.2I Schedule of Shop Drawing, and Sample Submiftirls ............................. ;z,6. 2:8-Z0, 6.24-6.28 Schedule of Values ...... .......... 2.61 2-S-2i9, 141 Schedules-ii Adherence to, Adjusting........................................................... CA Change of Contract Times: ............. ; ...... ........... 10.4 Initially Acceptable, ......... 2.9 Preliminary .............................................. 2.6 Scope of Changes ....................................... 10.3-10.4 Subsurface Conditions.-i ..................................... 4.2.1.1 Shop Drawings -- -and Samples, general . ................................ 6.24-6:28 Change Orders & Applications for� Payments, and. ------ -1- ..... ;.19'7-9'9 definition of: ...... 11Ai.:4__: ........ ; ....... I ...... ENGINEER's approval of 3.6.2 ENGM-E,R's responsibility, for review . .......... ......... 9,7, 6.24 6.28 related Work..- 6:28 review procedures .......................... 2.8. 6.24-6.28 Article or Paragraph Number - submittal required .............................. ....... ........ 624-1 Submittal Procedures use to approve substitutions..._,,,,,,,,,,, Shown or Indicated ................ ............ :.1 ...... Site Access .................... I ...... I ................... I ....... 7.2, 13.2 Site Cleanliness 0.17, Site, Visits to - by ENGINEER ............... ......... ;:._9.2. 13.2 by others ...................................... .......... 13.2 special causes of loss"- policy form, insurancr . z ........ ............... ------- .......... ... 5.6.2 definition of-,,,, ........ 7 ...... 7 ........... ........ ! .3 7i ... .L . . T6 Skcifications- delination of ................... .............. ....... ....... 1.36 of1echnicalSocictim reference to ....... precedence .... ; ................. ........ Standards and Specifications of Technical Societies Starting Construction, Before ......... ....... Starting the Stop or Suspend Work by tMNTRACTOR .......... ; .......... ; .............. ...... 15.5- by OWNER ....... i._� ... : .... -------- 15.1 Storage bfffiaterials,and equipnient_ ...... . . ......... 4-0.2 Structural Loading, Safety ....................................... 6.18 Subcontractor- Cori6erning................................................ definition of ........ ................ I ...... 11 .................. J,37 def'rivs ............ ....................... .....................12;3 waiver of rights .................................................6.11 'Subcontractors --in general';,,;,,,,,,,;,,;,,,,...... I .... 6:8-6.11 Subcontracts --required provisions,. 511. 6 11, 11.4.3 Subm ittals" Applications for Payment ........................... 14.2 Mh,ifitenance and Op6ration ID , vUmuali .............. 1.14:12 Procedures,... ............. ........... iz .......6.25 Progress Schedules ....................................... 2.6. 2.9 Samples ................................................... 0;24-6:28 Schedule of �Values .......... ................ J.6_14J1' Schedule of Shop r"'w" rags and' Samples . Subm issionrk .................. ......... .. Shop Drawings ........................................ 6.24-6.28 Substantial,Completion- .:,,:1_fi_30_2,3, 14,8-14.9 .d.crinition-o(i ...................................................138 Substitute.Construdion Methods or Proceduies._..6.7.2 Substitutes and "Or Equal" item;s. ---------- ..................63 CONtR.kCT.0,R!sExpensc-,.,,,..,,,-,, 6. 7.1.3 ENGINEER's Evaluation„ ..._ ,. r ........ ... 1. 1 .... 6.73 'Or -Equal .................................................... 0. 7. 1; 1 Substitute Construction Methods Bxnc QE\%RALcowrn0m 19104 11 99GEDMOM wimy oF. FoRrcot.ut-m mwFICATIQNS (REV WWI. 1 E Article or Paragraph Numbtir or Procedures 'J.2 Substitute Items Subsurface and Physical Conditions -- Drawings of in or relatfis to,,,,,,,,,,,,,,,,,,,,,,,, 4.2.1.2 ENGINEER!s Review 4-2.4 general_; .... ......... Limited Reliance by CONTRACTOR Authorized 4.2.2 Notice of Differing Subsurface or Physical Conditions ...... z .................................. 4.2.3 Physical Conditions:_....__.... _7_4. ". 1 2 Possible Contract Documents Change...............4.2.5 Possible Price andTimes Adjustments ...............4.2.6 Reports and Drawings_... ...... ........ 14.2.1 Subsurrace and .................. ; .... ..... ; ..... 42 Subsurface Conditions at *.Siti 4-2.1-1 Technical Data ........... .............4.2.1 Supervision- CONTRACTOR!s OWNER shall not supery isq ................................ ENGINEER shall not supuvisq.,, ............. 9.*11o.13;2 Superinfiendenek-... ..... W.. : ........ ........... 52 Superintendent, CONTRACTOR!s resident,, ............. 0.2 Supplemental costs . ... .................... ....... _ ........... .4.5 Supplementary Conditions— derihiti6n of .....................................................).39 principal references tq ................. 3,10, 1,18, 2.2, 2,7:.. ........................ +2. 4.3. 5-1,33, 5:4, 5.6-5.9, ................ 5.11. 6.9,.6.13, 7.4, 8.1 t, 9.3, 9.10 Supplementing Supplier- definition of., ............ ...................................... ).40 principal references tq ........... 3:7, 6.5, 6.8-6,11, 6.20, ............................... .,: ..... fi.24,9:13, 14.12 Waiver of Rights ......................................... 7......0.11 Surety - consent to final payment ........................ 114.1114-14 ENGINEER has no duty to ................................. 9.13 Notification of 10.1. 10.5. 15;2 qualification of.........._.................................5, Survival of Obligatiuns. .......................................... j5:A Suspend Work OWNER May.......-- ............ J3.10,.15A Suspension of Work and Termination ...................... J5 CONTRACTOR, Nby Stop, Work or Tenn inate......................... ........... .......... 15.5 OWNER May Suspend Work., ....... _ .... .:_ .: ..... J5.1 OWNER May Tcfmifiatc__,. ...... 4W. : .......... 15.2-15.4 -farces--Payment by CONTRA(-70K ......................... 0,13 Technical Data - Limited Reliance by CONTRACTOR.................4.2.2 Possible Price and Times Adjustments___:.,,.,..- A.16, Reports of Differing Subsurface and Physical Conditions .................................... 4.2.3 AV Temporary oonstniction facilities .... ................. -4. 1 Aitible or Paragraph Nam ber Termination - by CONTRACTOR --- ............ ...... ................... 15.5 by OWNER ......................................... 3.8 ' 15.1-15.4- olhINGINEEks employment ............................... $.2 Suspension of Work-in general ............. ............. . 15 Terms and Adjectivca,, ....... zi-3.4 Tests andlnspections_ Access to the Work, by others ........ .......... ........ CONTRACTOR's resjionsi bil ities ............ .......... 13.S cost of 13.4 covering Work prior in, ....... :_,. ........... _136-13.7 Laws and Regulations (or) ................................ 13.5 Notice of Defects 4 13.1 OWNER May Stitp Work------ -------------------------- 13,10 OWNER's independ . cm testing... ..... ; ............... J3.4 special, required by ENGINEER .......................... 9:6 timely notice required........................................13.4 Uncovering the Work, at ENGRqEERs- Times- Adjusting Adjusting. ................................ ; ...... 0;6 Change of Contract„ ........ .a..... �' ... ; .... Computation of ....................... ... ;.-- _; ...... ;__,17:2 Contract Times efinition ii: ........................... j. 12 day.......... .................................... _17.2:2 Milestones 12' Requirements— appeals.................................................9.10, 16 ,clarifications, claims and disputes .... ...... 9. 11 1 j..2' 12� Commence ' ment of Contract Times ..... ; ...... ;_,23 Preconstruction Confercncq�..... 11 5: 3chadules .........................................).6, 2,9, 6.6 Starting.the Work .................. ___ ........... ... 2:4 Title, Warranty of ... ....... I ...... ......... 7 ....... 7.:....14.31 Uncovering Work .........:..............I.... ..........13.8-119 Underground Facilities, Physical Conditions - definition of : : 1.41 Not Shown or Indicated ............... : ......... : ........ 43.2 protection of ..................................... ........... 43, 6;2() Shown or Indicated, .........................................4.11 Unit price Work - claims ... . ....... ...... T.! ............... 11-9:3 definition of 1,42' generall 1.9. 14.11 14.5 Unit Prices - general l 1,3.1 Determination for .....................................I...... 9(t Use of Premises ...................... ........ 6116. 6.18, 6.30.2.4 Utility owners ..............................0.13, 6.20, 7.1-7.3, 13.2 Utilization. Partial., .. -------------- 1-28. 5.15, 6.30.2.4, 14.10 Value of the Work "i .............11 3 Values. Schedule 0 ................. I ............ 1-8-2.9, 14.1 EJCDC nENELAL CONDMONS 1910.8 (1990 WITION) W/ CITY OF FORT COMINSMODTIFICATIONS MEV 9/99) I I I I I I I I I I I I I I I I I I Variations in Work --Minor Authorized ........ 6.2i, 9'.5 Article or hisgraph Nuiri her Visits to Site —by ENGINEER: ... .... .... .............. t : :: Waiver of Claims --on Final Payincrit.,_,.,. Waiver of Rights by insured parties..................5.11, 6,1 Warranty and Guarantee. General--[ CON-MR CTOR ................................................ 6.30 Warranty of -Title. Work_ Accessto,-_,__, ....... ........ _ .................. T -------- _13,2 byothers ..........................................I T .................. 7 Changes in the .............. 7 ....... ............... I. .. ... ___10 Continuingthe ................... ....... _.__,6.29 CONTRACTOR .May Stop Work or. Term irate Coordination of 7.4 Cost of jj.4-11.5 definition of ............................... ...................... 1.43 nerjected by CONTRACTOR : .... ..................... 13.14. other Work'-., ... I ......... 1 7; '17 7 ' 111 Z 11 -IT 17 Y OWNER May Stop Work 1116 OWNER May Suspend Work ...................13.10, 15-1 Related, Work at Sitq, ...... : ............ ; ............... 7. 1 - i..3 Starting the...::::...........::..:.::.:..:..:..:.:.:.....::.:::::.:.a j Stopping by CONTRACTOR,_..,,._...................5.5 St9pping by O%V1,TER ................................I 15.1-li4 'Variation and deviation- authorized. ininor .......... 3.6 Work Chang6 Directive — claims pursuant to.............................................1Q.1 definition of .................. l A4 principal references to,,,,,,,,,,,,,,,,,,,,, 3.5.3. 10:1-10.2 Written A.mendmmt-,- definition of._ principal references to .......... _J-10, 15, 5AOJSgl- ........ ............ 4.U, &0. 6.19,10.1; 10 A; ................. -11, 13112:2, 14.7.2 Written Clar q i fications and lnterprctati,Prs....................... .......... 3,63. 9AT 9.41 Written Notice Required — by CONTRACTOR'................. ...... i. 11 9.10-9.11, ............ :: ----------- i ........ __ 19.4._11.2. 1 i I by OWNER__ ................. 9. 10.9,11, 10A. I u 13:14 XY B)CW GENERAL. CONDITIONS 1910.8 i 1990 EDITION) W LITY. OF. FORT COLUNS MODIFICATIONS (REV 9M). I xvi Milspage felt hWk intentionu!rY) MCDC (MN&RAL COMMONS 19 10 -9 (1990 EDITION), wi (7TY OF FOtT COLIJNS :MODIFICATi6,4s (REV qIT)) ' 1 9 . .0 I I I I I �7 I I I I I I I I I I I GENERAL COMMONS ARTICLE 1—DE,FDMONS Wherever oiled in these Gaicial Conditions or ih the other Contract Documenis: the foll6vviiig terms haye the meanings indicated Which am' uppificabIc',to ,bath the ;41&* arid,plu.ml themof! IA. Ad&Mda-=Wrinen or graphic instruments issued prior to� the t prrtirig of Bids which cfiu*,- correct or change the"Requirements W the Contract Documents 1.1. Agre-em-ent—The written contradt bctwccn,OWNhR mid. C09MACTOR covering the W6rL to be performed., other 6ritract-Documents arc attached-6 the Agrecincrit and made a part thereof as -Provided themi 1.3. . Zlication for Payment —The form accepted by ENG IN R Which is to be used by*CONTRACTOR in requesti . rg pi-cgrem or final payments and which in in he acFompaniod by .such siiIiipording daiurnontation as is requiredbythe ContractDocu-!n ents. - 1.4. Asbestos; -Any nia - teriallhat contains more thin crie percenrasbcstos and is friable -or isrcl6sing,asbcl fibers - into the air Above curve . n . t action levels establaed hythil United- States OLc4ipati6iihl: -Sifcty And, Health Aillniiiistration, 15, Bid —The offer or. Trai)(MI of the bidder submitted on the '* TresmbWform sciture forth ,the prices for.the WbrV Id, he perfaimeil. 1.6, Bidding Advertisement or invitation to Bid. instruction s,to bidders, thi: Bid Conn; and lthe.prapomd Contract Docum-e?"i (including a-II'Addenda' issued prior to receipt of Bids); 1.7, Bidding Requirentena—The, advcrlisemiint or invitatiomto Bid2inStrUctiorkSlo biddim and the Did form. 1.9., Boiitts-Performance arid' Paymen-t bonds and after mstruments.ofsecurity.._ 1.9. Change Oniar—A document 'recommended by, IDNGLNEJ?1, Which. is signed, by CONTRACTOR- and OWNER and autlimizes an Addition. deletion Or-4cifislun in the Woric, or.an Adjustment in the- contract Price or the Contract Timm issued im ci after the Effective-Datrof the .AgreemWt 1.11). Contract Docurnehis--The AgrmrieK Addenda (which pertain to the Contract Documents), CONTMCTOR's Bid documentation accompanying, the Bid and any " Bid do&mientation submitted prior to the Notice of Award) when'attached as an exhibit to the Agreerficiit, the- Notice to Proceed: the Bonds, these: General Condition& the Supplementary Conditions, the specificatiems'and the Draimingii,iu; the m-wohNmAL,cot4DrnOi,Rs i910-s 0"oOtiwi) Wt CITY OFFORT COLLIN'S MODUTICAnONS i)kEV 412000) sane are more specifically idirttified in tha'Agreemant, together with a,I'Wntkm'AmendmenLs, Change Ciders, Work Change Directives, Field Orders and ENONEEWs %linen interpretational and cWuatiops issued pimuant to paragraphs3.5 , 16.1 and 3.63 cn,or after the Effec6vc- bate of -tha- Agreement, Shop Drawing sUbnilttah approved pursuant rsuant to paragraphs 6.26:and 6.27 and the reports and drawings referred to in paragraphs 4.2. 1, and 4.2.2 arc not Contract Documents. LIL Contract Price -The - moric" payable by OWNER to C6NTRXctbk for completion of thit Work in accordance with the Contract .Documents as stated in the Agreement'(Subject to the provisions. of f)AmgmpIi I 1.9-IM the case of Unit Price Work), 1'. 12. Contract Him-s—The numbers of days ot the datcs.smtcd 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 HNOMER'i written recornme"titin: of final pliYment in a ccordance with paragraph 14,13. 1-13- C6ArMCTOR—The person, Firta or corporation With whorri3OWNF-k has entered into the Agreement 11-14, &ttkfive—Ari adjective which When modifyiiig the vioni'Work refers to *Ork that is unsatisfactory, faulty or deficient in that if does not conf6rm to the Contrict Documents, m'does not meet the requirements -of any inspection, relldencr, standrtrck tell or a*civaI'reGq&cd to i6 the Contract Docmncnts, cr has been damagect prick to ENGINfEER's rownimendaitiori.of final, - went (unless responsibility for the protection thereof haftwn assumed, by OWNFRat"SubstintiM Cwplcdpm in liar , ocordaln�.Nvith paragrapli 14.8 of 14A 0). 1.15, Draivings—The drawings which show the scope, extent -and character of the WLvk to be,fianished land p.c.iforniod by CONTRACTOR and which havi bow preparid or approved Ky UNGDT MIR And are referred to in the Contract: Documents. Shop drRwmgs_6'tre not Drawings as so defined:, 1.16, Effective Dare of 6,w AgrtenxntThe -date ifidicated,in the ' emewvon ich it aecomes gffective but if rho such date is lydicated•it means the date on carrion the Agreement. is sigried'and delivered by the List of the, two parties to sign- And deliver. 1-17. a"GIAVEIZA—The persm 4um or corporation named as such in thc.Agrccincnl. 1.18. ENGINEER'' Conmiftant—A Person, firm or c6rpomtion hiving a contract with ENGINUM to furnish services as ENGINEER'S independentpio(essibnal ammiate or consultant with respeCtio, the Project iindwho is identified as such in the Supplementary C6ndiuions. LM Field Order -A written order issued by ENGENUR which orders minor changiils in the Work in accordance with paragraph 9.5 but Which does not involve a change in the Contact Pam arthe Contract Times., I 1 20. Genera! Regdlrements-Sections of Division 1 of the Speci ficaations: 121- Houardota WostwThe t mi Hazardous Waste shall have ,the meaning rounded in Section 1004 of the Solid Waste Unsprisel Act (42 USC Section 6903) As amended fronitime to time: 22.a. La+rs,and Regulations; La%T of Regularions-;Arty. and all applicable laws; tines,, regulations, ordinances,. caries Anil_ orders. of any and all governmental bailics._ agenciea.auiharities and courts having jtQisdiction 1.22.1i. Leial HaUtkiyrshall be those holidays observed Iry the Ciry of Fort Collins 1.23: Lien —Lien, charges, security interests or encumbrances upon real property or PMorral pmperty. 124- ,bli"Otyd--A principal event ,specified in the Contract Documents rrlittutg to an intermediate completion dime or time prior'to Substantial Completion of all the Wort:. 1,25, Nonce,ofAwanl--A written notice by OWNRR to the Apparent successful bidder stating that upon compliance by the apparent :successful bidder with the conditions precedent enumerated therein,, within the .tune spccified, OtLiVLR wiltsign Arid deliver the-!XV&mcm. 1?6. Notice to Proceed -A wiitteh, notice given, by OWNER to COYrRAC'rOR (with a copy to ENGINEER) Ciiigg 'the date on which. -the Contract ,Times will commence to nm and ontvhidt CONTRACTOR shall start to perform: CONTRACTOR'S obligations under the Contract Documents. 1.27. ORWER—The public body or 'authority, corporation, association. firm or person, with whom CONTRACTOR has entered into'the Agreement anti for whom the Work is to be provided. 129. PanYal Utilkotion-Use. by ONNER' of a substantially completed part of the Work .for the purpose For which if is intended (or a related purpose) prior to Subsuintial Completion, of all. the Work 129. PCBs -Polychlorinated biphmyls 1:30. Petrokum--Petroleum; including -crude oil at any fraction ,themof which is liquid at. standard cci ittitions of temperature ,arid pressure (60 degrees Fahrenheit and 1a.7 pouncb per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refasc: gasoline: kerosene and otl muted with other non-Ilazardous.Wastes and crude oils. 1.31. Project -The total construction ofwhich'the Work to be provided wider the Contnict Doctuneints "stay be the whole. or a part as irilicated elsewhere "in the Contract Documents_ 1.32:a 'Radioac/ive.h-Iuledal—Source: special;nuclear: or byproduct material as defined by the Atomic Energy Act of EIMCGENERALCONOt'nOM 1910-8 (1990 EdflM I: WI CITY OF FORT W LLIN561 W1FICXt10M IREV 420a01' 1954 (42 USC'Section.201I et seq) as amended front' time to nine. 1.32.b. Reyidur Aarl,ine Hares-Rcgular working hours air- defined as: 7:00am to 6:00om unless -:otherwise ifiedintheGeneralReauiiements - 1.33.. Resident Projact RepnLwntoBve-The- authorized rcpresuaetive of ENGINEER who may be assigted'to the sitee or arty part thereof. 1.34. Samples -Physical examples of materials, equipment_ or workmanship that are representative of r=smut portion of the Work and which establish the by which anti portion of the Work 'will be jadgcd 1.35. Shop Drawings -All dra%*s. diagrams,, illustrations, schedules and other data ur information 'which are .ssppeccificallyprepared dr.aswmbled b'y or for CONTRACTOR artcl submitted by cONTR.4CTOR to illustrate some portion of the Work. 136_ .*cUicarions—Those portions of the Contact t7ocuments consisting of written technical dewriptions of materials, equipmcnt,'construction systems, stardards'arid workmanship' as .applied to the Work and. certain administrative details applicable therein: 1.37, Subcontructor---An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the periomtancc.cf�n part of the Work at the site 1.38. Substandal Completion—Thc Work (or a specified'prut thereof) has progressed to the point:whcra In die upmam o FNGINF.F.R as evidenced by ENGINEEWs definitive certificate of Substantial Complegon. it sutfrciemly complete, in accordance with the Contract Documents, so that. the Work (or specified part) cxui be utilized for p s the;piufor which it is intended; cc:if ro sir h certificate s ssteol when the 16rrYk is cxnplete and readv for final,peymen[ as witi need by 21 GMTFR's wrinen recammenda[nin of Gnat payment n ascot cause: with pnregruph 14.13: The terms "subsantially complete" and "substantially completed" as applied to all or part of the -Work refer to Substantiat.Compktioin thereof 139. Supplerriauaty Condition —The part' of the Contract Documents which amends or stipple'nnents these General Condiliuns. 1-40. Supplier —A manufacturer, fabricator, supplier. distributor. materialman or vendor having a direct co.mract with' CONTRACTOR or with any Subcontractor to ,furnish materials or equipment to be. inaurporated m the Work by CONTRACTOR or-any'Subcotamact. 1A1- Uhdergromid Pacilities—All pipelines, coraluits, ducts cables, wirts, manholes, vaults, tat" turmeis or other such facilities or. attachmcitq and any ertcasements vointaututg such facilities which Have been installed underground to,fumish any of the following services or 11 J J SECTION 00500 AGREEMENTFORMS 00520 Agreement 00530 Notice to Proceed 1 0 0 I I I I I I I I 11 I I I I I I materials: electricity, gagm, steam, liquid petroleum prod.tictu, klephone, or other communications,, cable television, w%vage and drainage remova'L traffic or other ooiarol s7stems or water. 1,-42; V�# t Price Work —Work to be paid (br on the ;bssis of unit prices. 1.43: Work The crituic completed construction or the, - various separately- - identiflable-pans thereof rvqimxd1 to, be (Urnished us nder the Contract Documents. Work, includes and I i-- the . result "of performg in, . or furnishing labor and(braishing and men "nuing materials and equipment into the construction, anTperforms ng or furnishing services and "shing 'dochm"en'ts, all as required by the Ccittract: D6cu mcruss 144- Mark Change 1Xrtrcd*—k written dircctivi to &6kkACTOR, issued on or after the Effective Date of thi. Agreement and signed by OWNER arid'recommcmicil by ENGINTEP drdcring an addition deletion or revision, in the Work, cw- responding to differing or unforeseen physical conditions under which the Work is to be performed as Provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23 A Work Change Directive will not change the Contract Nee'45r the Contract Times, but ;is cvidcnoethat ,the partics"c7q;,cct. that the chimic -direct&I or documembil by a, Work Clian8c Directive e will'be Incorporated in a 'subsequently issued Qmingc Ur&r following nicgoriatiam by the parties as to its effect,, if any, on.the Contract Price or Contract Time's as ftxM&d in rA'ragfaph 10.2, 1.45. Written Amentbunt—A %Tittim amendment of die Contract Docummms,. signed - by, OWNFR and CONTRACTOR on or after the- Mctive Date of,thp Agruicitiefit and normally dealing ,with co�strucfibn-rclmed� Lh e.nu nenginecring t or rather than: strictly aspects of the contract Documents: . I ARTICLE V PRELBUNARY MATTERS Defivery bfporiih". 1 L When, CONTRACTOR delivers. the executed Agreements ;tc, OWNER: CON - TRACTOR, shall also deliver to OWNER such Bonds as CONTRACTOR may - Fie ieituiredto furnish iii accords6ire with paragraph 3: 1. t4iesqfDocummlx; 2.2. owNER shall rumish id'coNTRAcToR up to ten a(Unless otherwise specified in Lhc,�Supplemcnlary I ions)'of ft. Contract Documents as are reasonably rwcasary-f6r-the execution ofthe Work. Additional copies will be furnished. upon requcsL at diecost of reproducition: Coninience;nent of Contriact Times; Notice la A-aceed �3. The Contract Times will commence to run on the thirtieth day after the Effective Dati of thi Agriement, or, FX7DCQhNMAL,COND171OM 191043 (1 MEdfiall W/ OrY OF FORT COLUNZ MOL)IFICATIONS (kEV4/2 . 000) if a Notice to Pr6cftd is given. on the day indicated in the Notice to Proceed. A Notice to Proceed may.be given at any tinic within thirty clays di alter Effective Date of the - Agreement In � 'v ELMtFftl, Tim seMffl FIGO to rtarla .— r tffe6,i:1 �. Of ye -pate Starting 0 e Work - _A h . %b#,U start to perform, the Work cin"TR co.N ,�croR thi &te, 'when the Contract Times,commence to rur-L but no Work shall he dam it the site prior to the date on, which the Cofiunct Times commence to ma Before,&arrhig ranifnictio.n: 15. Before undcrte=k"g each Part of the Work, ful 11 CONTRACTOR shrillv, study and the Contrac * I Doctinicats and check- and veriwai='nent figures -shown thereon and all applicable field measuremerak,CONTRACTOR shall promptly report in wiitin,q:to ENGINEER any conflict, crror-, ambiguity or discrepancy'which ,CON:IXACTOR, may discover and shall ohta , in R written interpretation or clarificati6i-frnm FNorNEER liefbrdprocceding WitWan- Work affectedthdcby,:h6wcvd, CONTRACTOR stallnot he'liable,to OWNFR.or ENGINEER forfailuretu�rcport,any conflict, &ibi; ambiguity or, disatipancy 'In. the ContractDocumcnts, unless CONTRACTOR knew, or reasonably should have known thereof 12.6. Within ten, days after die Effective, Uate, of,the Agreement (unicss'atherwise specified in the ocTicral Riquircments), CONTRACTOR.h - all -submit. ter ENGINEER for review: a preliminary, progress schedule indicating the times (numbers of days or dates) f6r,startxng.and completing the various stages or the Work, in6ludirig tiny Milestones specified in the Contract Docuni-enta. 16:2. a preliminary schedule of Sh'OpiVitiving and Sample' submittals which will list each requited submittal and the times for. submitting,revipwing and sulinitta rrroucssing such h 2:6.2.1- In no case- will a schedule be acqtpjablc- which allows less than 21• calendar digs for each review by Enjoineer. 1.6.3: A prclirnimiry schedule of values fdr all of the Work which will include quitmitim and prices of items aggregating the Contract Price ,and ,will subdivide the Work into component parts'iii sufficieAt detail to serve ss the basis for pr3igress Payments during construction. Such prices will include, an appropriate amount of overhead and profit applicable to vacif itern of Work 2.7. Before any Work at the site is started, C6t,FVRA(:l'0R afid'.rzA 1shall eaeh deliver to true ether tOl "LIP�,iih'cbplics;.to m-h iiddiiieml insiaiid na ei--.'—.� C4a;Jh6nns ENGINEER I cenificates, of insurance (and other evidence of insurance, whir a� s.ms<w�est requested by 01V`5tER1 which CONTRACTOR is required to purchase -and maintainm; ,accordance with paragraphs 5.4-5:6.enO77: Pnecomriwcfion Conference:, Benin twenty days after the Contract Times start to iefirre any \Mirk at the. site is saner a oxmferenee by CO\TTRACTOR. BNGINEER irnd oihers a' te, will be held' to, establish a working icing among the parties as to the Work and to the schedules referred to in, pamgmph2.6, :s for handling Shop Drawings and other s processing Applications for 'Payment and ng required records- InitiallvAcceptable Schedules 2.9. 1.5niesa otherwise provided in the Contract. a.. gmterenee anenaea my t,uNirutt,i t"tK wNkwNu grid others as'a ak dcsigreited by OWNF,R will Field to review for acccptability.to ET'GTNHER as pnovi below the schedulessubmitted in accordance v wu t KX; I V K snail reeve an aownoret ten Days to mace corrections and'adjustmerts and to complete_ and resubmit. die schedules No progress payment shall be made td CONTRACTOR until the schedules are submitted to and acceptable to ENCINFHR as provided below. The progress schedule will he acceptable tir FNGTiv-F.ER as providing• an orderly progression of the Work .tn completion within .any spurfied Milestones 'and the Contract. Times, but such acceptance will neither impose on E1lGihGER' resporiubility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR frrin CONfRAOTOR's full responsibility therefor. CONfRACTOR's schedule of Shop Drawing grid Sample submissions will be acceptable to EN(MliN as providing a workable arrimscmcnt for reviewing and. processing the required stbntinals CONTRACTOR's schedule or.vaities will be acceptable to EmLYEER' asto form, and substmu-e. mucLE'3—Co,mr,p 1Cr Docu.N yrs: wrENT: AMEENDLNG, REUSE" Intent 31. The Contract Docuirients coinprise the entire agreement between OIV%JM and CONTRACTOR concerning tho Work. The Contract Dticuruents are complementary: what is'called for bymte'is as binding as if called for by all. The Contract Dociunents will' be mnstrved in accordance with the late of the place of the Project. 3.2. it L the intent of the Contract Documents :to EKDC( Ntswv, CONI TIOM 19104 (WA) eeiuim). w(CITY OF FORT COLUM MOD7}1CA't10N51R_EV A a000)' de=be a functionally complete Neu (or part th rcoo 6 be constructed in accordance with the Contract Documents. Arty Wouk..matcrials or equipment that may reasonably be. inferred from the Coritruct Dc umeuts or from prevailing custom or track usage as being requited to produce the intended result will be fiimished..and performed whether or not specifically called for.. When words or,phmses which have n well-known technical or construction industry or trade meaning are used to describe- Work:'matenals or equipment, such words or phraszg. shall be interpreted in accordance with that meaning. Clarifim66ns.and uttapmtations of the Gtmtraci Documents shall be issued Fly ENGINEER as provided' in tsr�pk 9A., 3.3.; Reference. to Standardsand Specifications of 'Technical Sricidies; Reporfing. and Resolving 'Discrepancies: 3.3:1- Reference to standards, specifications, manuals or-txxks of any technical society, organization or associntion, or to the Laws or Regulations of'arty governmental, auihority, whether such reference be specific or by implication, shall mean the latest standard, , specification. manual, etxk or haws or Regtilation i m'efleetat. the time of opening of Bids.(or, on the 'Efrcctive pate of the Agreement if there were no .Bids). except as inky be otherwise specifically stated in the Contract Documents. 132. If; during the performance of. the Work, CONTPAr.rok disL*m any conflict, error, ambiguity or discrepancy within the Contract Documents or frtivecn the; Contract Documents and am provision or any such Law or Regulation applicable to the, performance of'the .Work or of any such starajanf,.specificatirin, manual or chide or of any instruction of any, Supplier'releired to in paragraph 6.5, CONTRACTOR shall report it to ENO[NEM. in writing at once, and, CONTRACTOR shall not proceed with the Wak affected therehv (etcept in'an emergency as autharizd by paragaph 6.23) -untd an amendment or supplement to the Contract Documents has been issued by one of the medtocis .indicated in paragraph 3.,5 or 3.6, irovided however, that CONTRACTOR shall not hie :liable to OWNI R ar ENOINEL•R for failure to, report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably shouldhave known thereof. 3.3:3. Except as otherwise specifically, stated in the Contract Documents or us may be provided by amendment or supplement thereto issued by oneof•the methods indicated. 4n pamgmtph 3.5 or 3.6, the provisions al'the Contract Documents shall. -take pro5traence in irsulVing any conflict,. emu, ambiguity br discrepancy between the provisionsofthe Contract Documents and: 3.3.3.1. the provisions of city such standard, specification, manual. cock orinstruction(whctlicr of nor specifially incorporated by relerer[ce.in the. Contmct Documents); or 1 II 1 1 0 0 I I I I I I I 11 I I I I I I I I I 3.3-12 provisions of any such' Laws or L .guls,iI6 applicable R , to the performance of the Work (Luilcis' such an ihtcrj5rdafibq of the provisicns-of the Contract Doturrients would-irmult in violation of such Law or Regulition). - No prov-ision,of any.such standard, specification, manual, code or irvitructiun shall be effective to change the duties and: respm-WhilifiOWNER, cs of CONTRACTOR or FNGVEE'&,or any of their suiLritractors, consultaras agents or employees from those set forth in the Contract r5ocumcrttii, nor shall it lie cffcctive to assio to.oWN(KRI' ENGINEER an y 6f,F NIGNEERn or TINE 'CSTou.1thiks, agents ts ' em0!qio:s:finy duty�or authority to supervise or dirceftKe furnishudig 4 OaZimahce'of the'Work or any dut�, or authority to undertake responsibility inconsistent with'the. provisions of parniaph 9.13 or any other provision of the Contract Documents. 3.4- kVhemva in the Contract Documents the terms "as ordered, "as directed' "as,roquired", *as allowed", 'aa: npprovzc� or terms- of like c,flea,or import arc used; or the a4icefives "rewwrvable",. "suitable" "acceptable' ".proper" or ix; adjectives of ilike, effict or imix)n are used to describe requirem . ent. a irectior L . to view or e , quirement.,direction, 'niview or to'c"l6ate, in genemL the 60i fiance with the requirements of and ict Doc6ments and, conformance it of the completed Proiect is a fix is'a. 4ki:iAE stqteinent. irAi totherWise). Theiis�e of n'-- any such term or adjective shall not ,beeffective t6,assignto Ei4blIVEM am .y duty 4 authority to supervise or direct the frirrushing of performance of the, Work or any duty or authority ' to undertake respoi risibility contrary to, the provisions of paragraph 9.13 or any other provision of the Cordract Document%. Amending and Supplementing,Contract Docummw 3.5. TheContract Doc-L.uncnt� may be amended to provide fur. additions. d0clions,and reV 'i�on is in4heWork. or. to modik)rAfLc terms and conditions Oicrc6f in onc' or' mare of the fallowing ways:, 'i .5.L, a-tornia[WrittcriAmendmem, 3.5.1 a Change Order (putsuant to paragraph 160. or EX -Di. OENMIAL,CONDiTlOi,Z�19[U-4 (1990 Edtim) wt ary OF FORTLOOLLIM MODIFICATIONS jREV 112090) 3&j: R Nark 'Change Directive (pursuant to paragraph 10.1), 3.6. In ,addition; the re4uiientcrits. of due CoAtract Docwnents maj, be s4ppleincritcd. *and minor. variations anddevistionian the Work may bekk an in�onc or more of t1tv.roliawirg.way's: 3:6. E A Field Or& (pursuant to paragraph 9.51 3.6.2. LNGINURV approviil'of a Shop, Drawing or Ss�iiiplc (pursuanit_toj;aagrapiTs 616 and 6.27). or . 3 63: ENTONEEks written interpretation. or clarification (piasuant to Fmm�graph 9.4)' Reuse ofDocuments. 3:7. CONTRACTOR, and any Subcontractor, or Supplier or other pars.6ti or organirAtion klbrmin� or firnishiril; any.•of.the 'Wdric under a.direct or indirect conmict with OWNER (i) shall not have or acq uire arty tifla to or ownership rights 'in any of. the DrawUi1gs, Specifications. or other documents (or copies of any thereof) -pre red hyorbearing the seal�ofbNGINEVRor ENGNSEA Ctatsultan;_andt(ii) shall inotrcuso: finy,qf- such0rawings. Specifications, d6cuments or c ics oncxtm-ns iiaafthilicj6durrinyo rproje q without written 0risent ai OWNER and ENGINEER and specific written verification or adaptation by liNGINEFIC - ARTICLE 4-AVAtLABILffY OF-LAINDS- SUBSURFACE AND PHYSICAL: CONDITIONS; :REFFRFANCE PO MiS, Availability qfLandi. 4.1,_ OWNER shall fuftish. as indicated.in thec:,ontfact Documents, the lands upon which the Work is t6, be performed. rights-.6f-way . and casements. for access thefeto, and such other lands whi& are designated for the OWNER shall idcM4 arty encumbrances or restrict I ions not of general alMlication but specifically related tb_ use of lands so furnished wiih which coNTRAcroiz will have to comply in performing the Work. F-asernentir fer. permanent structures or permanent changes in_existing , 661ifies. will be obtained anal paid tor by. OWNER6 "'Unless otherwise provided in the Contract- Documents. If CONfRACTOR' and- OWNER' are, unable to agree on entitlement to or thi amount or extent of any j4ustrienti in die Contract Price or the.Contract Times as a result of any delay in ONV14EWs finnishing thew. Ian& rights -of - way or cascrucriLs,. CONTRACTOR may make a claim therefor as provided in Articles 11, and 12 5. I • • 1 i CON7TRACCOR.shial1 provide for all additional lands area indicated'in the ContractDocumengs, or ' access thereto that may be required, for tempomrry oprutruction facilities -or. sttiage 6f -materials and 4:2.3.4. is of an unusual nature, and differs equipment materially fmm� conditions ordinarily encountered and ,generelly reccgnimd as inherent 'in of ' JZ.9ibsurfaceand('XjipcalCoiilNrlans the character provided feu in the Gorttrect Davments: then, 4.2. L. Reports find Drawing's: Reference'is made to the Supplementary Conditions for identification of CONTRACTOR shall. Maiptly, immediatelv after becoming aware ihercof and before further disturbing , t t. Substujace Com6noncs:. Those reports of •ponditioms affected thereby or performing am- tYt#t in explorations and tests of strbsruface.conditiors it or camectnon therewith (except in an emergency as contiguous_ tothe site that have been utilized -by permitted by rmmgreP66.23) notify OWNER and ENGINEER it preparing the Contract Docunertts-.. ENGINEER in wntng about such condition, and CONTRACTOR -shall ncx ftwthler disturb such conditions or perform any Work nn connection therewith (except as ' 4.2.1 _: Pkwicul Cunt6lions:, Those drawings of aforesaid) until receipt of written order to do so physical conditions in or relating to existing surface or subsurface structures at or contiguous to the -site 4.2.4. EVG1LVE R's Review'• LNGl.NEER gill (except, underground Facihnes1 that have been promptly. review the pertinent conditiaris, determine the uidizal by ENGINEER in preparing the Comtracl necessity of OWNER's'obtaining additional exploration or ' Documents, tests with respect thereto and advise OWNER. in writing (with a copy to CONTRACTOR) of ENGLNEEK's 4,22..Limited .Rehimci by C0cV7R4C7r)R Atuhorkg4: findings :arid conclusions. Teciancal Vata: jCOVZrRACTOR may rely upon the gencral accuracy of the "technical data" contained lnsuch 4,2-5z Posribte ConMact poctrmentr Charge: If , reports and drawings but such reportsand drawings am not ENGINEER concludes that a change in the Contract ContractWcumems. Stich 'tethrucaldate" isidentified in Docuinants isroquircdasa.resultofacondition that. meets the Sdpplemeittery Conditions. Except for such reliance on one or more of the c9tegiiies in paragraph 4 2.3: a tVak such "technical data"; CONTRACTOR may not rely upon Change Directive or a -Change Chder will be issued as or make any claim against OWNERENGWEER•or any of provided in Articlelii to reflect end document the ' ENGINEER's Consultants with.respetx to: ,consequences of such change. 4.'_,2.1- .the c6nnpleteness-of.such* reports and .41& Povibe Price and :Pores .4,#ustnwntr An drawings for CONTRACTOR'; .purpoms, equitable adjustment• of the Contract. Price, or in, the including, but not limited to any aspects of the, Contract Times, or Both, will be allowed to the extent that ' mear�g, methods, techniques, sequences and ,the existence of'such uncovered or revealed.condition procedures_ of construction_ to be employed by causes an increase or decrease iri CONTRACTOR'.s cast CONTTACTOR and safety precautials. and oC or time required for parfoimarwe oC the'�Vork; subject, programs incident thereto, or however; to the following: 4.2.2.2. other data -interpretations, opinions 4 .� 6.1. suchconditionmust meet any one or , and information contained .insuchigatsorshown more of . the' categories described in i8 indicated in such drawings, or pamgmphis 4:23;1 through 4 2;3A, inclusive; 4. 213 any CONTRACTOR, iriteVetetidn of or drawn from "technical data" 42.6.2, ad=: a in the Convect Documents to 425, Will ndt be an' , conclusion any or any such data, interpretations, opinions or pursuant p:uagrepli, .automatic aithm;Az tibn of nor a ctmiii[itm information_ precedeit.to entitlevnert to any such adjustment; 423_ Notice of D�ermg Subsur*e or p1w ical Cont6tiuns:, if CONfl2ACrOR believes that 42,63. with respect -to Work that is paid fa on a Unit Basis, any.. adjustment in Contract' ' any suburface orphyiical condition at or contiguousto the site Price will' be subject to 'the. provisions of that is uncovered or revealed either: paragraphs 9.1 U and 119: and 4 2.3.1. _ is of such a nature as to establish that any "technical data' on Which. CONTR \CTOWis-_ 4.16.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Timer ' emitledto rely as provided m paragraphs 4:2: t and iC; 4.2.2 is materially inacGfiale. or 42.3 2._ is of such a nature as to require a 4.1.6A.I. CONTRACTOR knew of thx existent of such conditions at the change in the Co=ctDacuments: or lime CONTRACTOR made a final ' commitment to OWNER in respect of 4.1-3-3 diffeA materially from that shown or Cem act Price and Connmet Times by the i}ENMU, Eytiml; 1 WDC CONUMONS 19 [" 1199V 6. wn crry o9 rmcotwm_mgowfc.A'rlommd vA2eom 1 i i submission of a bid or becomiig ,baiutd give written notice to that owner and to OWISMR' and Under a nr66titited cnntract; or EbIGINTRER WCUCER will promptly review the Undogrourui Facility'aml determine the Coen, if 42,64.2. the existence of such any, to wfitch a. change is required in the Contract condition could reasonably have been Documents to reflect and document the consequences discovered or rovetiled"as.a result of;any: of theexistence of the Underground Facility; if eraminatiim, investigation; explorations. ENGINEER uxxneludes that a•change in the Counsel' test or study of the site and contiguous Documents is required. a Work Change Direitive,ora .areas regtiacd by, the Bidilin& Change Order wdl be issued as pruWed in Article10 ' Requirements of Contiuo Documents to be to reflect anct document such consequences Durirng earidlleled by'ar for CONTRACTOR prior such time, CONTRACTOR shall be respgrsible� for to CON[RACIOR's tanking Stith EinaE the safety and pioietiion of such Urxlerground commitment Sr Facility as provided in parsifraph6.?(!. CONTRACTOR s} N may be allowed an uicrnse in ' 4.?'043. CONTRACTORS failed to the Contract E1'i6 or'an extension of the Contract give the'wriaeii notice within the time and Times, or both, to the extent that they arcattributable las required by paragraph 4.23. to the a tslcncc of eery Underground Futility that was not shown or indicated in the Contract Documents If OWNER and, CONTRACTOR arc unable to agrree on and'that CONTRACTOR did Trot ktrow of and could entitlement to or as to the amount or, lai)jth of any'stich not reasonably have been cxpected•ta be aware of or equitable adlivament in the Contract Price or Contract to have anticipated. if OWNER and CONTRACTOR' Times, a claim may be made therefor as, pnwided -in are urmble to agree onentitlernent to or the ertiountor. Articles 11 and F2 ' However OWNHI , ENGLNEER and ENG(NM'i C«isulrants be' liable- to length of any such adjustment in Contract'Price or Contract Times, CONuACTOk,may. ' shall, not CONTRACTOR far any elaims axis losses or damages make a elairw therefor as provided. in Aficics 1 I and 12..However, sustained by CONTRACTOR on or in wanecuonwith any OWNFR F 1 R*7R and BN('tU*X.R's other project x antcipatcd project Consultants shall not be liable to CONTRACTOR far any claim a, casts".losscs ord_arnagcs incurred or ' 4.3 , ! fA oal'Conr6aon4�-Undergrodnd,Fncrlities. susUifted by CONTRACTOR on or In ;connmtaon with any'other projector anticipated project 4.3.1. S/ioxnorin&cated•.fheinfotmatonand diam shown or indicated in the. Contmcl' Doiaumanis with Refere ice Point respect to cxtsurig Underground'.Facitt.s. at or to'dje Kt data. OW`NFR 'surveys, contiguous site is on infohnahan and 4.4. shall provide crginecnng to famished to m OWNFR or FNGiNFFR by the own or establish Nrerence points for construction which, in ' such Undeground Facilitiesorby others. Unless.it.V ENGINEER's judgment are necessary to enable othc-wise c ' . mvialed m the ,Sri lementa NmsslY p_ pp , ry CONTRACTOR to, "" prated 'w with the Work. Conditions: CONTRACTOR shall' be responsible for laying out the Wcwk; shall protect and preserve the established reference 4 3.1.1 _ OWNE'R'ard ENGDIM shall not be points and shall make no charges or relocations without ' responsible for die acoartuy or completeness oFarty the prior written approval of OWN&R CONTRACTOR' such"infxamauon or dire; and shall report to M4GINT-ER whenever any reference point is list or •destroyed or requires relocation because .of 4 3 I The cost oEall of the -following -will 6c necessary 'changes m grades or locations and shall be included in the Contraci Price and'CONTRACTOR responsible for the accurate replacement or, relocation of ' shall have £till resEiinsibilily for: (i) reviewingarid such reference p'riinis tiv professiarially qualified checking all such information and data. (u) locating personnel. all Underground Facilities shovinor indicated m the Coni race Documerils,(iii) coordination of'the Work 4.5. Asbestos, A-M, Petroleum. Hazardous Wade or with de owners of such Underground Facilities 1?Moactu•e Afatadai. ' during cchstnuctian; and (w) the safety and prowlion of all such Undaagrourid Facilities as 4.5.1. MINER shall be responsible for arty provided in paragmph6.2n and repairing any Asbestos, FKZB.,. Petroleum, Harardous' Waste or damage thereto resulting from the Work; Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings. -or ' 4.3.2. Not Sho»n orImi'catad If an Underground Specifications or identified, in the' Contract Facility is urkioveredor "rdwled at or contiguous to Documents to be Within the scope of ihe'6Vork and' the site which was act shown or irulicafcxl in 'the which may presmiasubstantial Joiner to persons or Contact Documents C.OMMACTOk shall, promptly IhereoF'anJ he property e�osed dierofo in connection with the Work mmediately after becoming aware xe at the site_ 06VNER shall' nut bz respcmable for arty, further disturbing 'co. nditioni onditions aUcted thereby or, such materials brought t4 the 'site try• Ferfarmingany-Work-inconmectontherewith(e'xmpt by C.23),. COMRACTOR,, Subcontractors Suppliers or for CONTRACTOR. n. •an emagency as required paragraph anyivle_ else whom is identify the cnvner of"'such. Underground Facility and resIxinsible, FJ=0E MALCONINTIONS'19I("(199a E(fticro 7 VCI Y OFFORT COLLINS MODIFICATION'S(lifiV•12000) 11 11 �t:5,=r_-Ek�TRAGTOR�sIm}!-intttiedietely; (+}.step all D�.1:.:..... . \4..leFi91 .... eMd •6JCUCG'4ULat.CONIIITIONS a -3 t749vessvil: wr ary or roar cnw� AtygtrtcnnoNs tRty t rzaatp ARTICLE 5-BONDS-AIND INSURANCE', Performance.. Payment and Other Bonds• 5.1. COY ACTOR.shall furnish) Performance aril Payment Bonds, each' in an amount at least equal to the Contract Price as security for the faithful performancc and payment of A,'CONTRAC.TORs obligatxms udder the Contract Dammam& These Bimds shall remain ;in effect at lensi until. uric year eR r the daie- wham 'Cmaf paymtent becomes due, except as provided_ otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall.also fumislr such other Royals as arc required by the Supplementary Conditions, .All Bemcls shell be in the form prescribed by the Cordrsci Documents �e?t as provided otherwise by L'awa or Regulations and shall be executed by such sureties as are. named in the, current list of 'Companies Holding. Certificates' of .authority as Acceptable. Sureties on Federal Bonds and as, Acceptable Remsurrng, Companies" as puhlished in Circtilar 570 (am cri k i) by the Audit 'Staff, Bureau .of Government Financial Opetntions, U.S_.Treastry Department All Bonds signed by an agent mast be accompanied byacertified oopy.-of suehagent's authority to act' 52. IF the surety on any ,Bofa1 turriishcd by COWRACTOR• is declared a bankrupt or becomes insolvent or its right to do busirfess is terminated in any state where any part of,the,Project is located oi'it ceases to meet the'requimmenta of paragraph 5.1, COI tk,%cTCtR shall, within teia days thereafter sukitCda another Bond and strety,Aaoth of which trLi be acceptable to OWNER. .U. Licensed Sureties and Inswred; Coif cater of dnsutancet 5.3.1: All Bonds .and ireurance required by the Contract Dbo uments to be.purchasad and maintained by OWNER ci COMRACTOR shall be, obtained from surety'or insurance compartes'that are duly licensed or euthori�,id inthe jurisdiction in, which the Project is located'to issue Bonds or utsttrance policies for, the limits and coverages so required Such "surety aridinsurance comparues shall also meet such additional requirements and qualificationsasmay be provi&d in the Supplementary, Conditims, 53? CONTRACTOR shall defiver.to M"V TR, with flies to each adLfif tal'insured identified in the Supplementary Ccmtfiliorm _certificates of instance (and other evidence of irsumtice requested W. Cilk' 'R or any other additional insured) which 1 1] [1 rI L C0AT&ICTMvLiabIhCvinwrance: 5.4.10. include contractual. liability insurance Covering 'CONTRACTOR'S: indemnity obligations 5.4, CONTRACTOR shall purchase read n amtaui such under pnuagraplrs 6,12.6.16 and 6.31 through 6.33; liability and other insurance as u app late Ca the Work. icing performed and furnished a. as will provide 5.41I; contain a provision or endawnent that the protection from claims, set forth belowwhich may arise out coverage affurded will not be cancelled. materially of or result from CONTRAGTOR's performance and changed or renewal refused until at I&st,thirty days'. furnishing of the Work and COyTI2A000R's otherprior written notice has becn-given to,OWNER and obligations under the Contract Ubcumenta whother it is,to CONTRACTOR are} to each other additional irrsurcd lie -performed qx furnished •by, CONTRACTOR any identified in the Supplementary Conthliims td whirr •Subcontractor or Supplier. or 'by anyone directly -or a. certiliciii of PlaaTMICC' bars bcin' ;sued (andl'lhe dndire tlyy employed by anyof them to perform or furnish the VA. for ccuficetes of .itsunfiu ince n shed by the CONTRAGTOR any cif or by anyau wh= acts any of them pursuant to paragraph 5,3.2 will so may helieble: provide); SA I" claims under workers'-oompensatium disability SA.12. remain in effect at least until- fatal payment bencfitsand othersimilaremploycibencfitacts; and at all times thereafter whmCONTRACTORin lie Work correcting, removing W rcpdacing deferthw ' SAT', claims for damages because of'bcdily' injury IT inaccordanccsvith pamgtaph-13.12,_ and occupational. sickness oc ddiseae- a of C.ONf RAGfOR's employees, 5.4.13; with r q&t to .completed operations insurance, and any, imurance coverage written. on. a 3'-4.3; claims for damages Because of bodily injury; clanms:made basis, remain in effect forat least two ' s okn ess,nr,disease r'deatlt of. any person otherthan years after final payment (,arid CONTRACTOR shall CONTRACTORstniployeLs; hrnisli OWNPR?and%crteh other-addittonual'insurcd identified in the Supplementary Condrttmu'to whom: '3:4:-t-steins-for-dameg®=iitsaued-trj-tvstoinary a a-Itificate or msumncc has -Been iisued evidence ` "'-- satisfactory' to OWNER and:any iicky additional insured of continuation of such atsivance at final mdireclly delaced-tit-tho-esnploymeat-af tsh persmt by f paymer t end one year thereafter). pew any athefriesoit OWNE16 Liability fnsrrrance: '5.4.5. claims. ror damages, other than to the Work: S.S. Tri additionto insurance required to.be providers ' itsclC because of uyiuy to or destruction of iangibli by CONTRACTOR under' paragtap t 5 4, OWNER, at property svhefever, lacat_edl, inalutiitg loss of - ,use OWNER'S 6ptiort may. purchase oral maintain at resulting therefrom; and OWNER's c*w OWNERS dnvn (lability insurance as will protect OWNER against chisels Which may arise from ' 5.4:6 claims for damages because of bodily injury or operatlors under the Contract laociinienm diitth of and. pzrsup or dPmage arisirg out of .the -ownership, matntananee or use of any motor Praper(t,'fnswwee.- vehicle. ,5,6_.Unles;-e eFwisrprovided-to*e•suppleryientery The policies of insures ce so requireii by.this paragraph 5:4 Gordurensc OWP7i [�-SheN purehsse-are#-maintaut to be purrchased'uhd mainatined.shhll: - f1�i}id�fUli^t!`p106ement-GnS%-t}ief2e� (subjed—tchsuch 5:4.7. with respect to insurance required- by deductibl -amounts-as-may-ba-lvovidad--at--tha paragraphs 5.4.3 through 5.46 inclusive and 5,4.9, Suppementary-Edinalitidms-ar-redtuuridl-:by-I:aws-�td include as` additional irtsuredis (subject to any Regulations)-"ThisinsumgcashRll- ' customary es6lusi6n in respect of trot ssrnrial: liability). OWNIk- ENGINE672; ENGMliR's 5 6.}-indltruk—site—nlamty—of-01VNER . Consultants and any utherpersons m entities identified in.thrSupplemcritary Corrditio s all of whom shall be listed nsadditional insureds; and include coverage for dattaies-idanufiedb-in-the-&dppkmemtary-C-orrlitioris; ' the respective -officers arid -employees .of all such ea�hoCwfiino-nrkemedtohavran-insurable"iruety-A addliLcxral atsured�; nendsiRlf-tietltstaolaaarEwswed{or-adldRiorutl•inairedl 5.4.8. rU lud e. tie specrfie' coverages and he, written Cor lest' than the limits. Lability in 56� •btl Wrntett Ur1-tY l�ln[k1�S R1J1r1d1 d191E{: t4 ' not of provided the Sirpplettieraary C46tions or required. by Laws. or. FGFM that la ll lease _sl -a_ :.-._ _. r� r- ._..._r i.-..,..- Regulatioru, whichever isgreater, 5.4.9. iinchide completed orerapons insurance;- tw. _.n:r�, mrs—per:fari---.. minis a s eo ' PtCOCOhl`18Rrt1:.CON[HTIO-.`1`f191t}-8 (1'YJtlBdtiotU 9 W/ CITY OFFORT COLLIM MODIFICATIONS (REV •12000) Ll WON ae thaft-ya+is�lisrr esid-n e4iuiou5-inim�t�en 6.6�-inelada-c+e�roes-incwrrrtl-6r-the-rapeu-ar re plAcrommt� ef-erw-iriatnid ptoprrtg Ewcluduw�- Init� not afchitcct*. alwa uw has bee 5.9.. OWNER shall not be: rc-To rble .for purchasing. and maintaining any propaly inswrance to protect the interest , . s of CONTFU%CTOK Subcontractors or in . _. _ is identified-ut-Ohto trpplemaitary ib',gr sle-vf ktama erifio-ang such-loss>end-i Faay-oFih®rte:_Shis-property-insuranca eeveraga-wiihirr-lhrlimitroFaurh-amiwm�--aach-msy pilrcFiewand•main[iuni�a4lFsr purshusrrsdw7fn.�risa. 3: it}—�EFE�itFFk�.FI'blk-feyuesis-u�-writin;-!lint-athrs spesia{--issaFMGO b nsAffffwe EJCDCG9*, Al.CONtA'nON919rOb`(199V EMiuW Ill, wtcrrY o4 roRT COLwm—mc1D1f1C.vnONJ ML•'V 4QOUV)' .oemmejw mart-,4the•Wer"t-the-siw,,-QVA4BR-J*U-in WAilA -whCi w er no'-q--h 9t}h4 54t-� iR[gkv, 5.1 t -fA-i diI:e �,rtm �r :Eo- . u:E�-xll-ijgttt§ agoilst—EKJVCRf1l=FOPS. v:tbuwtmcteess officarss>derratr�am ployc�as-eAd-ngams-e� arty-©f tham4br?,' of-tlsei-or-oElteh oo�seyucnEiel-loss-a�'tund irk bayottd-duest=.physaF-loss-er-dnmage-to 7v_ isFising eut of'cFtawkir &ow {ae m cElkr pereE whet}ier-dFAotiristrad-6y©i4s'1iEI�. end iFrs�A�po�-n+aiA - ' n*-, ka-in dhk damage Of 1 9 0 FJ I I I I I I P, I I I I I I n I Receipt aitdAppUcadom of Imurrance Procvedy: 5.12. Any insured -loss under the p olicies of insurance required by - phs 5 6 rid 5.7 will be' adjusted With OWNUZ MM"Ce pqa,bJ, �t`o OM4M as fiduciary for the, truands as they 'interests may,- upIiear.subjcct to the requirements of ppy.irpplieable. mortgage da4k and df F6rag� 5.13. OWNER shall� deposit in a se"P'a-ride account any money w received; and -shall distribute it in aoc6rdarre with sucli agreement as the; parties in interest in . ny readi If, no other special agreement is reached tfie" 'damaged Work shall be repaired or rcplaccrl. the moneys so received applied on aucoL mt thereof arid the Work and the cost-thercof ciNcred by an appropriate Change Order or Written Amendment., .5.13. OWNER is fiduciary shall have power to adjust end settle any less with the. insurers unless one of the parties in int"cist shall object in writing Within fifteen days :aftei thii o6wrrenceiof, losi to OWNER's exercise of thi s' power, such objection be made, OWN312,as Fducia l%rke *Nment with the insurerin nc=dance WZ such,agretmentasft parties in interest may reach 11Lnosuch agreement among the - partiles in, interest is reached, OA NIM as fiducau- y shall adjust and xttlethe losswith the, iniurets a""" !*-,m interaw 1--fliff Off4mviiiiii.A Chaim Acceptance nfBondr iindfnmranqp- 0 pdow in Rep lace: 5,14, If -1111V F .. R - FP fOANER M PONTRIiGTARI OWNER has any objectim to thii ctivci*cafIbrdcd by ur other provisions,of the BcindsoF insuranx required to be purchaSedr and maintained by. the O�Lr. pany CONTRACTOR inacWrdancc With Article 5,on the basis of non-uoitionnance with the Contract Documerim tbo qw. Ptvfial Vdfiz.ad?n-Prxiperry1nsiinznci.r: 3, 15. 'If OWNER Grids it necessary to occupy or use a r6rtion, or portions of the Work prior to Substantial, V-KXC(3RNMa�COND111O1M 19 ILL$ (1990 Edticn) W1 (11Y OF FORT COLLINS MODLIFICATION3 (FLO -1/2000) Completion Work u use An bcaocornli1a:'1' the accord-a-Zoel wiihorpaea4p cy May graph 14,10: ,VY no such use or occup2ricyrU ,shall"cCmcnce fu urers - prov iding the property, insurance have Eicknowle4jed'nbticc thereof arid in writing eMcted any chiinges, in e6verage itLeessititid thaniby- The,inkirers proVLdi - ng the - property msu . rance. shall consent by endorsement on the,puticy of poii6es, but, the. insurance shall not - be cancelled or, permitted to. =a*ori account orudysuehpartial use oroc(;upancy., ARfICLE.6—CONTRAtTOR'S' RESPOINSI)RUTIES' Supeni.sion and Skovinfevidmce.- A 1. CONTRACTOR shall nipci-visc, irLspecr and direct the Work uumpetently and efficiadly, devoting such Attention ther&6 mid'Rolyingr such'skills and aqxrtisc as.may be n&xnary to perform the. Work in itcoordanci with the Contrapt Documents C ONTRACTOR'shall :solelyhe. rc,q xinsihic 114 the means, methods. - techniques. sequences rand procedums 'of_ oamxtruL=in,,but CONTRACTOR shall not tx-rcsponstblo for thii negligenou of others in the design urspecifimition of ii specific meam method technique. Sc4tionce, or procedure cif.constructi6n which is shown'dr indieated in and expressly required by the Contract Dactiments. CONTRACTOR shall''be responsible tosee that the completed Work complies accurately with the Contni-ci 6.3. CONTRACTOR shall keep on the Work at all times -dunns its pro'gress a u6mpeurit resident superintendent. Wfic, ftH ncit�ba replaced without written riatice, ;to OWNER and' INGDJEER except under Omordiffiry, circumstances, rices, 'The superintendent will be CONTRACTOR'sirepresentative at the site and shall have authority to act on behalf of CONTRACTOR -Ail communications to thesuperinlendent ilmll bt as bindulf: as it'giveri to CONTRACTOR z.abw, udt"I� and Equipment:. 63. CONTRACTOR shall' provide competent. sUitably'cItialified personnel to survey, lay,but and ootistruct the Work "airequired by the Contract Dodiments, CONTRACTOR shall at all times maintain * discipline and order. at the site. ExcqA as otherwise r uin;4 forlthe safLity or protection of persons or the Work or prop at " the site,oradjacent thereto. and except as oth6 indicated in the ContrmA Dix umenti all Work at the Ate shall -be performed durifig-regului; wOrkinix, hours and CONTRACTOR will not. permit overtime work or the performance of WorLon Satid&y Sunday or any legal holiday Withoot OWNERswrittc� oarisent given after prior written notice to ENGINEER - I 6.4; Unless otherwise . specified in the General: containsor is followed by worts reading that no like, ' Requirement:,;,CONTRACTOR sha0'fumish and assume equivalent tir '4irveyual" item or no sulstitution is, full responsibility for all mateiiaLs, equipment- labo'r, permitted,1 otter items of material or equipment or tmrt Lauom construction equipment and machinery, material is equipment of other Suppfiem may be rools,:apphances, fuel, power. IW- ii heat; telephone;water: accepted' by li<NGINEER under -the following ' sanitary facilities, temporary 'facilities all all other circumstances: facilities and incidentals necessary for the Cumishirp;, performance, testing, start-up and compleficvnof the Work. 6:7.1.1. '10r-Egiad'.`. If in ENGINEER's sole drsnction an Beni of material or equipment 6.4:1. Purchasing Restrictions CONTRACTOR proposed by CONV62 CfOK is functionally ' must comply with. the CitVs purchasing restrictions: A equal to Chet named and suffiLiendy similar so that cupv of the resolutions arc available for review in the no ctwnse im re'latt ii Work will be regwrerl, it may offices of purchasing and Risk Ivlana¢emait be considered by ENGLNEER••as an "prequel" Division pr thethe City Clerks office. item, in which case review and approval of'the probated itemmay in ENGiI MR's sole ' 6A Z Cement -Restrictions! Citp of Fort Collins discretion„ be. accomplished without emnpliarim Resolution 91-12 1 requires that suppliers oral orodu'cers with some or all of the requiremaas• for. of cemrnrorsrcd<rcts cpmainirg cement to ccrtify [nut that acceptance afprripawd.subsututc items. the cement was not made in canent kilns that 6 7 I.2. 5ubstrnde lmms IC in•ENGINEER's,sole. hazardous waste asafuel. discretion an item of materal or equipment ' proposed by CONTRACTOR does not qualify at 65. All materials and equipment shall be of good. an "orequal" item under subparagraph 6:7.1,1,•it quality and new, except as otharwise provided in the will be considered a proposcd'substitute item: Contract 7oeRnaients. Al]' warranties and guarantees CONfR\( I'pk shall submit sufficient epeeificalty'ealled'for by the.Specifications shall.exprmsty information m provided hctow•, to allow, run t4the benefit OWNFiR. if rcgwred Fey ENGINEER, ENGTNEER to determine that the item of material ' CONTRACTOR _ shall famish satnf_actory evidence or equipment proposed is essentially equivalent to (including reports'df required tests} as to the kind and that nameed anti an acce'ptablc:suistituw therefor. quahiy of materials and egliipmeit. All materials and The procedure for review by the 1 NGMER will equpmeni shall- be applied; installed. connected,. erected, 'include the followina as 'supplemented in the General Requirements ENGINEER ' ttsed, cleaned and conditioned to accordance with instructions.of.the applicable Supplier, except as otherwise- and as may decide is appropriate under the cir6umstancei provided in the Cmmct Documents. Requests for review of proposed substitute items of material or equipment will not he accepted by • Progrew &hedida7 F.NGRNFER 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 adjustecl from tune to time as prow ided,below. written-appheadon to M�TG1NEEt for acceptance thereof, certifying,that die proposed substitute will 6.6,1. CONTRACTOR shall submit do INGINEER perfarm adegdately the hirnitions and achieve the ' •Cor acceptance (to• the extent indicated in results called for by the general design, be similar paragraph 2.9) proposed adjustmerts in the progress in substance to that specified and be suited to the :schedule that will not change the -Contract Times (or same use as that specifted The appfication will tvfilestones), Such adjustments will conform generally state the event. if any. to which the evaluation to�the prpgess schedule then in affect and additionally and acceptancei of the propised .substitute will ' will comply with any provisions of the General prejudice CONTRACTOR'& achievement of Requf' mertis applicable thereto. Substantial Completion on time, whether or, not acceptance of the su6s6tute for use in the Work 6:6.2. Proposed adjustments in.the progress schedule will require o change in any of the Contract that will;\�il the Contract Times (or estones) Docimnents. (or in the provisions of any other ' that be submitted in accordance with the requiiements duid contract with OWNER for work .on the of paragraph 12.L Such adjustments may only be project) to adapt the design to the proposal made by a Change Order cr Written Amendment in substitute end whether or trot 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: Stibsdfutesand '"Or -Equal" fremr All variation otthe proposed substitute from that specified will be identified in the appfication and 63.1. Whenever an item of'maleiial or equipment is available maintaumeo, repair and replacement specified oFdescribed in the Contract Documents by. service will be imintatixl The applictmon will m using the nae,of a proprietazaz}} itpu or the name of a also contain an itemized estimate of.all costs or ' particular Supplier: the spcctficatipn o description is credits that will result directly or indirectly from, intended to, establish the type. function.and,yuabty acceptance of. such substitute, including cost of required. Unless •the specification or description_, redes_igrt and claims of other contractors affected. 8 Er('OC GE+7F]m cotax-1 om iJ to 099(1 E(Stim) 17� col CITY OF FORT t.oiwr SS-NicioinCA•riONS,REV 4Q000)' I i SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 25th day of July 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 A-1 Chipseal Company (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK This Agreement is a renewal of the Agreement entered into between the parties on the 23rd day of May, 2007, entitled Specifications and Contract Documents for Asphalt Slurry Seal Project Bid No. 6054, City of Fort Collins (hereinafter call the 2007 Asphalt Slurry Seal project CONTRACT) and all portions interpreted as bid the same were attached hereto. This work shall consist of the placement of Type II asphalt slurry seal, and the related traffic control, on residential streets and parking lots in The City of Fort Collins and is generally described in Section 01010. This renewal is authorized pursuant to Article 3.1. Contract Times, of the 2007 CONTRACT. This agreement shall continue in full force and effect until July 31, 2012. ARTICLE 2. ENGINEER The Project has been designed by the City of Ft Collins Street Maintenance Program, 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 twenty (20) consecutive working days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment ' and Acceptance in accordance with the General Conditions within 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. 11 ' • 0 t 1 by the rrsih ng chaget ..al!' of, which Wi l be IN txrrtsiilered: by 'ENGEER' in evaluatg die proposed substitute. ENGINEER' may require CONTRACTOR to furnish additional'• data. about the prbpcsed,substiiute. - - 6.7.It3. CONM TOR'a Ecpentse:. All data to be provided by CONTRACTOR iiv support of any proposed 'orequal'! or substitute item will. be ,al CONTRAU1'01Vs exvriw. 6:7 2. Si h;Wule Casnuctibn hleiho& or Procedures: If a specific meats, .method. technique, segttencc or procedtn'e of constructim' is shown, or indiaded in.and evprecsly required 'by -the ContractDocumettty, CONTRACTOR may fuiiiCsh or utilim a •substitula meats.• tncUxxL technique. sequence -.or procedure of consudction aaentablc to EENGINEER. (:_ONIRACTOK stall submit aulLClenl arormatnm to allow ENGINEER. in EW('rINEFRs sole discretion; to determine'that the substitute proposed is equivalent to that a cpressly cried for hy'the Contract Documents. The procedure for review by 'ENGINEER. will, be similar to that pnovided,iri subperagapij 6 7,1 2: 673_ Engineer's F.inluatim - ENGINEER' will,'bh allowed a, reasonable time -within which to evaluate each proposal or submittal made _pukarit tii paragraphs 6.7. L2 and 6:7,2. ENGIlVLER Will be'tho sole judge of acceptability. No "rrequal"' or substitute will be ordered installed'or utilized without ENGINEER's prior written aceeptanee,which•will be evidenced by either a rhange;Order or an approved Shop Drawing. OWNER may. 'require CONTRACTOR to fumish at CONTRAC OR's expense a special :performance guarantee or other surely' with respectto airy err -equal" or subsdtule. ENGUMIR will record time required by ENGINEER and GNGWRIMds Consultants .in evaluating 'substitutes proposed or submitted by CONTRACTOR pursuant to pamgraphs 6;7,1 2 and 6,7.2 and , in 'making- changes " in the Corrract Doctatents (or in tha provisicim of -any other direct contract with OWNFR'for'work on the project), occasioned thereby, Whether or rot ENGINEER OWNER for the charges of ENGLNMMR and ENGINL•ER's Consultants for evaluating each such ' pr6.40sed substitute item. •6_8. Concerning Sabcentmoros, Supplien and Ofhers: 6.8.1. CONTRACTOR shall not .employ. any Subcontractor, Supplier or other person or orgamsation. (including those acceptable to OWNER and sfAi01NEER asindicated in paragaph.6:8.3), whether initially, or as a, substitute, ugaiinst whom OWNER or ENGINEER_ may have reasnriable objeetioit ' CONTRACTOR shad not be required to employ an Subcontractor; Supplier or other person or ergantradon to furnish or pciform any Ofthe Work against whom CONTRACTOR has rgasonable objection. ' F;d'O(; Oh'NERAL CONIT1QN.`i't 410.9 (199(I Eiltianl. W1 a7Y OF FORT COLLIM N10011FICr1170It'R_ (RSV 42000) 1 69. CONTRACTOR slmll pafami. riot less than 20 rweent. of the Work with its. own forces (that is,. without subar tints nu): The20 pctcrni reduiremen[ shall be understood ro reCerto the. Work the value of which totals not less than'20 verceni-of the-Contiact Price 6.82 [f lha Sutipkatantery 6caiflitious Biddin Doqum;n4 require, the identity of certain Subcontractors Suepppliersor other persona or otP". bons• (Lr1pIuctirg those who"are .to furnish the principal items of materials or equipment)• io he submitted to OWNER i+r adi eneo- of-tha spectfted date Prior to the Effective Date: of the Aptecmcnt for OWNER'sor.'KNGINFFR's acceptance (either in, .writing or by failing to makewritten objection thereto 69.1. CONTRACTOR shall be fu8y restxmsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppiicts and other personas and organizitiors performing or furnishing any of the IV6rk under a diced or indirect contmct 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 orgonciuttion any ountmctual relationship . between OWNER or ENGINEER and any such Subconuactor, Supplier or other person or organization. nor shall it create any obligation on the part of OWNER or.ENGINE-ER to pay or to see to the payment of any. moneys due any such subcontractor, Supplier or other pe'' n ur organisation except, as may otherwise be required, by Laws and Itegulution_s OWNER or ETIGLNEER'may furnish to anysiibcontractw, strrmlier or other Peseta or omaniratibn evidence of amounts paid .to CONTRACTOR in .accordance with CONTRACTOR'S' "Application for Payment": 13' 0 6,9,� CONTRACTOR shall be solely responsible for -scheduling and coordinating, the 'Work of Siboanfinetos Su,pliem toil other persons, and orgaoi2atiun5 perfomnrtg or furnishing any of the Wort: under a direct or ini irect contract with CONTR IC TOR, 'CONTRACTOR skill require all. Subcontractors, Suppliers, and such.oter hpersons arid organizations performutg or furttisli'atg any of the Work to communicate with the�ENGINEL•R through CONTRACTOR 6.10. The divisioatandscctions itf the Specifications and the identifications of any Drawings shall not control - CONTRACTOR in dividing the ' Work among Subconiraetors or Suppliers or delineating. the •Work - to be peit'crmed by any spc6fic trade; 6.11. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRAUJ:OR.and the SubcuntrwAcr or Supplier which specifically buds the. Subeontraetor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER uai ENGINEER. Patent Feesand payatties: 6,IZ_ CONTRACTOR shall pity all license fees and royalties and assume all costs incident. to, the use in the. performance of die Work.or the incorporation in the Work of anyinvention, designs, process, product or deyicewhich is the subject of paum rights or copyrights held, by others .If a particular inwtintion, desigri process, product er device is spmnficdp in the Comtract Documents for use in the performance of the Weak and if to the actual. knowledge of OWAfiR or MKWNrEER its use is subject to patent rights or copyrights calluig for the payment of any license fee or royalty to othtirs; the odsu:nice of such rights shall be discicscd by OWNER in the Conn Documents. To the. fullest ement permitted by Laws and Regijlalimm CONTRACTOR shall indemnify and hold harmless OWNM RNGLNNITR_,ENGINEER's Consultants and the officers, diroEtors, employees, agents and other corm Rants of cacti and any Of them from and against all claims, co ts:. losses and damages arising out of or resulting from any inGingemcnt of patent rights or u�opy6ghts incident to the, use'in thr performance of the Work or resulting from the intmrporation in tthe Woik of any invention, .design process, product or device -not specified in the Contract Documents: E1CvcbEtJERA1, corturnONS 191" lt`+vo EtStitni, 14 w, QTy6v roRT LOLUM MC1l)IriCATII)NS 1REV 41204911 Perntirs 6,13. , Unless othuwisoprovided 'in.the Supplemenlaq Conditions; CONTRACTOR Shah Obtain and pay for all construction, permits and licenses: OWNER shall assist CONTRACTOR, *tiers necessary, in obtaining such permits and'licenses. CONTRACTOR, shall pay all governmental charges'are1, inspection fees necessary .For the prosecution of the Work, which are applicable .at, the time of epcning of Bids, or.. if there are no Bids. an the Effective Date. of the Agrametu. CONTRACTOltshall pay aWcfiarges.gfutility &heirs for, conrimtions to ibe Work, and OWNFsR shall pay -all changes ot'such utility owners for. capital costs. related thereto such asplant invesmtem fees. 61. LaitsandRegu(ations: 6.I4:i.,CONTRACTOx shall.give•all 'notices.and comply with all laws and Regulations applicable to Curishing and performane of the Work. Except where otherwise expressly required by applicable Laws -and Regulations neither OWNER nor ENGINNUR. shall be responsible for monitoring CQNTRACrORN compliance with airy Laws or RegAitions. 6.14,2:'If CONTRACTOR - performs any Work - knowing orhavi ig reason to know ihat.R is o6mrary to Laws or Regulations; CONTRAC'rOR'shan bear all, claims, costslosses and damages caused by, arising out of,or resulting thtaefr6m;'hcrwcver; it shall not be CONTRACTORS primary'responsibdity.to make certain -that the Spaifications and Drawings are in acer,kdainar with Taws and Regulation% but this shall not relieve CONTRACTOR of CUNI',Rr1CTOR's obliy [igris uixlcr paragraph 3.3 Tares: 6.15, CONTRACTOR shall pay all "sales, consuater. use and other similar taxes required to be paid by 'CONTRACTOR �iit- accordance with the ,Laws and Regulations of tho place of the Project which arc applicable during the performono;of the Work. OWNtR is exempt fiimt Colorado State and ,local sales and .use =es cm materials to be pe REnc 1j1 incorporated into eprojmt. Said Imes .shall not be included in the.Contract Price. CONTRACTOx must' gpply for. and receive a Ceriilitrete uF E�xnnuon ".from the_ Colorado Department of Revenue for construction materials to be- physically incorporated into the, moject This - Certification of L•icemption rroovides that. the CONTRACTOR shall neither 0zy nor include in his Bid Sales and Use Tavices.on chose Maildine;.and optrstrudion materials ohvsicully -incorporated into the proieck Address: Colorado Department of Revenue State Capital Armed. [1 1 0 • I I I I I I I I I I I I I I I I I 1375 Sii6nnawStree . Denver: r-olomdo,,80261 :Sales and Use Taxes for rho, State of Colorado, Regional Transportation District* (RTD) and,certain Colorado •counties are, collected by the. State of jZolomdo an&.are.-includedi-in the Certification of Exemption. All applicable: Sales and Use 'faxes -(including, State collected taxes), on any items.other than construction and building materials phwically inconaurated into the tar o be rid by CONTRACTOR and are_to be uIc udv in rid bid items. If te qf Premises ' 6J6. COhITRACfOlt, 'shall. confine construction equipment• the storage of materials and'equipment and the operations of workers to the sit; and land') and arm, identified in and permitted by the Contract DUCuments,and other. landand areas, per imitted,by Laws and Regulaticns, figiits-ofway, permits _1 and casement.-, and shill , not unreasonably encumber the premises With construction oquirment or -'6thc,r materials or eqUi97 criL CONTRACTOR shall'assurne; full rcspowibiliLy I i4 dimagc- to any such land or arm or to the owner or occupant thereof or of airy adjacent land or areas, resulting fiorn the , pertbimance of the Word: Should airy cl I aiffi'be made, by any such ioivmT or =upa nt because of the perwrinance-ethe work, coNTRACToRshaii promptly settle with such 'other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding of at law- CONTRACTOR shall, to the fulltiii uxtent,permitte.d by Laws rind' Regulation-,- indemnify.and Bold' harmless OWNJUL ENGINEER. LNGINEER!s Ccinsultant arid anydia: diuectly & indirectly employed by any of -them from and against all claiins,_C_csts, Imic.; and damages arising. out oC tx, resultirrg Crow arrryryclaim or action Icgal or equitable, brought by arty such riJncr or 9ccuparrt against OWNER. ENGINEER or may Mw Pam Inekmnified hereunder to the.. extent' caused by or based tipodCONTRACTOR's performance of the Work. 6.17. During theprogress of the work, CONTRACTOR shall keep the premises Free from actaimulaticiis of Waste inateriaK rubbish and oither -dibris resulting •liom the Work. At the completion of the Work CONTRACTOR shall remove All wrote materials, rubbish,And debris from an a I'thep.remisO as well as*all'tobls, Appliances., , ' =i equipment and' machinery Rfid: surplus onsL materials; CONTRACTOR' "II'leave the site clean Anil ready for ovcuparcy by_ OWNER. at. Substantisli Completion of the WwL. CONTRACTOR shall restore to original candition-mllpropertynot dekignated,raraftLiation by the Contract Documents, 6.18."CONTRACTOR %baUmticiadilorpaamitany,part of any structuic to, be loaded! iri Any mariaci that Will: endanger the structure, nor shall CONTRACTOR sUbjetit any part of the Work or adjacent property, to stresses or press"es that will endanger it. - Record Daciumemw F-KW(iffNEtAL,CONIXIIOI"Iri--119 I M (1990Editicn) wtcvry oFfoR r cowm NJoj)111r_Ari0N8 (xEV.1/20oo) 1 6 CC NTRACTOR.shall maimain in a safe place at the site one record copy of *911 Drawings. =:�Written Amendments, Change Orders. Work Directivm Field Orders and! -wrilten iaterprdaticifis 'and. clarifibeitiivii. (issued pursuant. to paragraph 9.4) in good order and annotated -to sfiow All changes made during construction. These record documents t6gether with all. approved Samples and a counterpart uVall approved Shop Drawiri p- will be "la6le to ENGINEER for reference-. Upon comp.leiiori 61the W%k.jand vribr to relessi, of final payment these iioerid'dbcumcnts. Samples.and Shop Drawings will be delivered to ENGINEER for OWNFR. 'Safay wzd.Protrcdon: 6,26, CONTRACTOR shufl. be responsible for, initiating, matittaiffing and—supimising all safety precuutioni and programs.in connection with the wbrk_ CONTRACTOR shalfiak6 all ric6emary precadrions_lir the safety oc arid shall provide the necessary protection to prevent damage, injury or loss to: 620.1- :al[ persons on the Work site or who.may be 4ffi:etcd by tha WoAC 6:20.1— all the Work and 'matcrialsranci equipryi , ent to be in - cofpo . nowd thcrent, whelh-a"in sibragion of off the site. And 6.203. other property at the site,or adjacent thereto, includirig'tree shrubs; ilah kyalks:, pavements, rcadways, structures, utilities and Underground Facilities not d&* . ignatcd far.rcrnoval,' relocation or rcplacemad in the course o(constrµetian: CONTRACTOR shill compry with all, applicable'Laws and Regulations of any public body having jurisdiczion:fLir, safety of persons or property or, to, protect -them firom damage, injury or loss; and shall erect and maintain hull necessary . salegLat-rds for suet safety and :protection. .CONTRACTOR shall n6* owners of d4jacent pro * perty and of Undergound Facilities and utility owners when proaccutitn of the Work may affect them, and shall' cooperite with them in the protmfion, removal. relocation nod plaument re . injury 9r of their.property. All damage, loss to, arty proper' - referred' to in paragraphs 6,210.2 Cr 6.203 mused, directly or indirectly, in whole or in part, by CONTRACTOR, arty.Subcontractor, Supplier or any other person -or organization directly or indirectly emploved by aity of them -to: perform or furnish any, of the Work or anyone lormhose acts any ofLhem may be liable, shall be remedied by CONTRACTOR (e.xcept damage or loss attributable to the fault of Draiwira;s or Specifications or to the acts or. omissions of OWNER or ENGINEER or INGINEMERs Consultant or any -brie employed by any of them or anyone forwhose acts any of them racy be liable, and not attributable, directly or indinxtly, in whole or in part, to the. fault or negfigence of CONTRACTOR or any Sub-6ritructor, Supplier or other person or organization directly or indirectly employed by any of thtim). cor,irrRAcroirs chitics and ' Iliti,,L =�i for ft sa fcty and protection of the Work mue until such time as all'the. Work is completi!d and issued it IS: 1 • 0 1 notice to OWNER.and CONTRACTOR in accordance with paragraph 14.13 that die Work is acceptable (except as otherwise eXp cWy provided in connection with Substamial Complehan)., 6..21. Sajeiy Represenia&a: CONfRAC"fOR shall designota a qualified and c.,q=enced:, safety, representative at the site whose duties and resPvnsibilitids shall be the pieverition of accidents and the mamtainm andsupervis_vig of safety precautions and programs. - Hazard Communication Programs. 6,22, CONTRACTOR .shall be respatsiblc for coordinating any exchange of material safety, data sheets or other hazard communicntiom infiermation"requircd'te he made available to or exchanged between or among employers at the site in accordance with laws+ Pr Regulations. Pinergcncies:. 6,23. In emergencies:aflecting the snfety'or protection of persons or time IWgrk, or property at the.site•or adjacent thereto. CONTRACTOR; without special'. insttveuon or au"iizaticn.from OWNER or ENCIINFF.R, is obligated to act to _ prevent threatened damage, injury or .loss. CONTRACTOR shall give I:iNOINHBR prompt written notice if CONIRAC70'R believes that any significtint changes in the. Work or variations from the Contract Documents have been caused thereby: If 'ENGINEER determines that a change in the Contract Documents is required because orthe rrction-taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will- he issued to document' the consequences of such action 6.24: ShopDrawlagsandSanrpler -6:243. CONTRACTOR shall submit Shop Drawiti to ENGINEER for review and approval in accordance with. the accepted,.schcdule of Shop Drawings and Sample submittals (see paragraph29). All submittals will be identified as ENGINEER may require and in the number of copies specified a the General' Requirements. The data shown on the Shop Drawings will be complete with respect to quantities dimcnsions, s*ified performance and desiyytt criteria, melerials and similar data to show ENGINEER the materials and equipment CDNI'RACTOR proposes to Pr ovide.arid to enable ENGINEER to review the uifornration for the limited' purposes Tcyuired by paragraph 626, 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schulule•of Shop Drawings and Stemple submittals. Each Sample'will be idemifiecl clearly as to materiel. Supplier. pertinent data; such as catalog. numbers and the use for which intended and otherwise as EAiGWEFR may require to enable ENGINEER to review the submittal for the limited 61CDC USNERAL CONIXTIONS 610 8 t79JV &Lung 16 WICITY OF PORT COLUNS MODIFICATIONS IFLIEW2001A purposes required by paraSraph6,26. The numbers of ench Sample tobe submitted will bens specifier) in the Specifications. 6.25. Submidal Pracvdurer., 6.25.1. Beftue submitting each Shop Drawing or. Samprpple. CONTRACTOR shalf crave determined -and yC[LLICd 625;1;L all field measurcme s. quantities dimensions, specified performance criteria, installation reg.uiremems, materials, catalog numbers and similar information with respect thereto, 6:25.1.2; allmaterials with respect to intended use,, fahncation, shippppitng, handling, stomagge, assembly and irrstel lion .pertaining to Inc p eyformance of the Work, and` 6.25;1.3, all information relative to C(.)NI'R'AC'rOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of cortRruction and'safcty precautions and programs incident,thcrgo, CONTRACTOR shall'.also have. reviewed .and coordinated each Shop Drawing or Sample with other Shop Dmwi W and Samples and witFi the requrementss of -the Work' and ,the Contract Doeumems. 62p:2. Path submittal will hear a stamp or specific' written indication that CONTRACTOR lies satisfied CONTRACTOR's obligations. under, the ContractDocuments with respect to CONT. 4&bR's review mid approval of that submittal. C2U. 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 Documents, such notice to be in a written, communication separate frcm the submittal; an1L .in ntklitiotl, shall cause a specific' notation to be made on each Slop Drawing and Sample submitted to ENGRIMER for review and approval of each such variaiom 6.26. ENGINEBR will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as Required by paragraph 2.9, ENGINEER'i review and approval .will be only to determine if the items covered by the .submittals will, after installation or incorporation in the Work, conformto the information given in the Contract Documents and be compatible with the design concept of the completed Piolect as- a functioning whole as indicated by the Contract Documents. ENMEER's review and approval will rot extend to mans, methods: techniques, sequences or procedures of construction (except wlKre a particular means, methcd, technique, sequence or procedure of 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0 1 9 0 I I I I I I I I I I I I I I I I I construction is specifically and.c.xpressly called for by thl Contract Documents) or in safety *ctilitibm or prcgrims incident thereto. The review and approval of u s - amt, , item'as such will not indicate approval. of the asser%IX in W12 the item funufians, CONTRACTOR shall make corrections required by ENGINEER, and shall'returri the d'nurnbcr of corrected copies bf Shop Diuwiiigs and submit as required'niw Samples for review and approval. CONIMACTOP, shall direct specific attention in writing to mvisions other than the corrections called fur by ENGINEE-kontyrevioussubmittats- 6!27. EiNGMER's review and approval of Sho Drawings or Samples shall not relieve CONTIZACT09 from responsibility . for n riy varimion'rrmti the requirements of the ,Contact Documents unliw,CQNTRACTOR has in vvritugcalled ENGINEERi attention to each, such variation at the time. of sithaiission as required by paragraph 6.25.3 and ENGINEER has given written approva l of each such variation by ii specific vvriftcn notation thereof incorporatcd ire or accompanying the Shoo Drawing or Sample app"--, -ni: nor will r it I ny aWoval by ENGINEER relieve CONTRACTOR from responsibility ForcornP complying with the requirements of lianagrnph 6.25.1: , 6,2$. Where a Shop Dmwirtg'or*Snm0lc is required by the Contract Documents or, tho schedule of Shop Drawt.ng and Sample subm'Nuto-ris 'accepted by ENGINEER as _required by paragraph 2.9, any related Work I perf6rmed pKar to ENIGINEERs review and approval.of the pertinent suhinitail will be at the sole expense and'responsibility of ,coNTRACTOR. (Tqj#nmLjg 6,29. CONTRACTOR shall carry on the Work and adh4e' 16 the progress schedule during all, disputes or . d6agreements with OWN131?_ No Work shall be delayed or Wcced pending resolution of any diiputes or mcms, except as permitted by paragraph 15:5 or'as OWNER arx1,C-ONTRAGTM may- otherwise _dgec in U(L CONM,ICTOR's Certinil, Mirranty, aed Guarrintee., 6.30: 1. C614TILACTOP, warnarts mid. giiarantees to OWNER, ENGINEER and, LNGINHERs Consultants that,all Work turd be in iicooidancci�ith the Contract Doctiment.s ' and will not .. lie I defaitive. C0147R. - ACTOR's %varranty arid guarantee hercurider C."Cludes defects.or"damage caused by- 6.30.1.1. abuse,- modification or improper mainteniince or 6permion.by.pir-AM',other than CONTRACTOR; Subcontract= Or SUpPligS:LT 6.30.1.2: normal wear and'Lear under normal - usage; 630.2.-CC),NTP-AQTOR's,obliLm6an to perform arid 1= Icte: thc'Work in adotdance with the �:ontraict MtSL shad -be -absolute. None of -the 61lowing will otifistitute an.hoctotance of Work that. is not In LIAIW(3ENERAL-CONL)ITIO;`O.iVILL8 0990 Edti6lu WICITY OF FORT COLLIN'S mot:iurir_AnOM3 (Rffv in000) .6ccordancewith the Corumct Documents or.a release of,CONiTPACTOR's obli6ii1iori it, perfmir the work 'in accordance witli the Cordma Documents: 61.3.0.2. L, observatibris by ENIGIINKER: 6.30.2;2, recommendation of any.progress or. :final payment by ENTG WEEP, 6.302.1'.the issuance, of a certificate of !Sub4an4l, Qppletibn or any. payment by OWNER to.CONITRACTOR under. tht Conrad Docum 6.3.0_2.4: -use or occupancy of the Work or any pan &wrcof by OWNTN;, 630.15.. any acceptance by'OWNER or. any failure to do so;. 6.30.2,6., any review and approval of a,Shop Drawing or. Snimplesubminal,or the isquance'of a aoflce,of.acccptability by t0 paagra phl4_lS,, -630,2,7.. 'any, inspection; test -or -approval by bthars: or 6.30.2.$., any 9orrecti6nofkPerA4Work by - OWNER: lndenmlfie'alrm 6.3 t. To the fuiiist cxt&m. permiaid by Laws and Regulmtonq CONTRACTOR shall indemnify and*hold hatriless'. OWNER; ENGINEER, INGINEEks ansultants:_and the,officem dirMms, erfiployccs,•agcms and' other consultants of 6cli and any of them from and againsf,till clmis,6osts, l6s9es and damages (in6lUding, but not limited to, .nll, fees- and charges of engineers, nrchitei;s hittorrie--,ysim4 other piofcssibnrls and all court or arbitration or other dispute resolution costs) caused by, arising out, of or resulting from the performance, of'the Work, provided'diat ahy such amm, coat, loss or damage: attributable to buddy injury. sickness, d6sease. or death, or to iajury to or destruction of tangible property (other than the Wak itself) 'inclUjing the loss of use resulting Lhmefiom, and (6),& caused in whole or in pan i by any negligent ad or ornissidno(CON TP.ACTOIC any Subcontractor, -any Supplier, any, person or, organization directly oir indirectly employed by any of them to perform .or 0Una I ish if the Work ur:inyonc for whose act any .of them may LC liable; regiudless of whether or norcaused in pat, by. any negligence or mission of a Person or entity indern , nifted heretuickr or. whether liability is imposed ,��5�indcmhified party by Laws and Regulatibris g, f (he ineglig'eme of any such person cx' entity. 6.32. in, any_" all claims against, OWNER or ENGINEER or any 6f their respective conadtaints, ngcm& officers, dirtFctors or employ ees by any catoloyce-Cor the surviv a r or I xTsonal rer ircscritative. of' such employee.)of CONTRACTM, any'Subountractur, any Supplier, any person or organisation directly or indirectly employed by 11M I 0 9 1 any of therm to perform or furnish any of the tVork or anyone for whose acts any of them may be liable, the .inekmnificatidn obli&tion under p mgraph6.31 shall not be limited in any way by.ahy limuautn on'tlie amount or type ofdamages, compensation or benefits payable by or for CONTRACTOR or any such Subaonrractor, Supplier or other person or organization under workers' compensation acts, disability Nnefa acts or other employee benebl acts 6.33. The iridemnifcadon obligation of CONTRACTOR under-parngraph(531 shall non extend to the Gabilityof ENGQJEER'and ENGINEER's Coraulfints otEcers, directors, employees or agents caused by die professional negligence, errors or omissions of any of them. .Survival ofObhgattiv r: 6.34. All representations indemnifications: warranties and guarantees made in required by or given in accordance with the Contract Documents, as well. as all continuing oblipfornt indicated in the Contract Documents, will: survive final payment„ eompletuin,aM acceptance of, the Work and termination orcompletion of the Agrccmett. ARTICLE 7—OTHER WORK Related Work at Sae: TL OWNER.may perform othcf, work related to the Project at the site by OWNER's own faces or'let other direct contracts therefor whichshall contain Gencml Conditions similar to these; or have other work performed by utility owners. If the fact that stich other work is to be performcdivas r 'not ndW in IFa; Contract, Ddurnenu tltcn: (i) written notice thereof will be given to -CONTRACTOR. priur . to starting any such other work . and (it)CONTRACTOR may make .a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believe,, that such performance will invoke additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof: 7,1 CONTRACTOR shall afford each other contractor w'ho is a party to such a direct contract and each utility owner (and OWNER, if OWNER .o performing the additional work with OWNER's- employees) ,proper and safe access'to the site,and' a reasonable opportunity for the iihtndut,'tton and'stontge of materials and tquipment. and the c ecution of such other work and shall properly' connect arul cwrdinate the Work with their: Unless otherwise proviJed iri the Contract Documents. CONTRACTOR shall do all cuturtg'fitting and patching. of the Work that may be required to make its several pans come.togdher properly and inlegmte with such other work. CONTRACTOR shall not endanger any work .of others by cutting. excavating or udsrwise altering, their work and will only cut or, alter their work with the tvriuen consent of ENGIN'tER and the others whose work will be affcdcd.' The duties and rcc��onsibilities of CONCRA(.rOR untxkr this paragraph are for the benefit of such uldityowners.and other contractors to the extent'that there are oomparnble SKW UhNFRAL COUITIOM 0041099V 1361iail Is w7QTY OF'FORT OOLLIMMODIFICATION51RL%'•112GM)' provisions for the benefit of CONTRACTOR in said direct contracts between O Wi TER and such utility owners Find othercomractora. 7.3 If the proper. execution or results of any pan of CONGRAO'ORs Work depends upon cork performed by others under this Article 7, CONTRACTOR shall inspect such other •work and pomptly repot to ENGQ,IEER in wriiing.any, delays, defectsor deficFencies in such other, wok diet render it unavailable or unsuitable for the properexecutionand'results of CO_NTRACTOWs Wok. CONTRACTOR's failure so to report wily constitute an acceptance of such other .work. as fit 'and proper for integration' with CONTRACTOR's Work except for latent or nomtpparent defects ii d&deficiencies in such other 'work. C,'oordfnadon: 7.4. If OWNER contracts. with otters for the performance of other- work on the Project at the site, the fallowing will, he set forth in Supplementary Corditibnsi, 7.4.1, theperson, titre or corporation who will have authority and: m%ponsihility for .coordination of the activities amorg'the various prime contractors will be identified; 7A,2. the specific matters to tie covered by such xuthoiity and responsibility, will be itcmi rd:,ind 7.4.3. the extent of such authority and responsibilities will he pmvided. Unless oMenvisc _provided ,in the Supplementary Conditions, OWNF,R shall have ,sole 'authority and responsibility n respn t:of'such coordu atioit. ARTICLE 8--OWNER'S RESPO\SIBII.PITES 8:1. Except as otherwise provided ,in these General Conditions, OWNERshall issue all communications 0 CONTRACTOR through IiNG INHGR. 6.1 In case of termination of the employment of ENGNEEM- OWNER shall' appoim an engineer agaim whomrEONTRAx�!'ORo-malxes-rnwreasomablr-objectrori: whose status urida the Contrite Lkxvments shall be that of the former E \GDMER 8.3. OWN— shalt romish the data required of OWNER under the 'Contract Documents promptly and shall make payments to.CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER'sduties in respect of providing lands and casements and providing engineering suvcys to establish-refewnu'pomts are set forth m pangruphs4.1 and.4.4. Nragraph4.2 refers to.OWNER's.identifying and making, available to CONTRACTOR. copies of reports of explara6ens and tests of subsurface wrditions at the site and drawings, of physical conditions in existing 1 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 0 0 structures at orconriguous to the site that have beenutiliza4 by FmnMM in prepiring the Co*cL`Doc.umem.%z fbrth-im. 91 S.G. OWNER is obligated to e.vcuta Change Orders as i0icated in paragraph10.4. responsibility in, respeu of certain trispcutions. tests and gppnwals is set- 1611h •An paingimph 114. 8.19. In connection with OWNFR's right to suspend Work, sq&. P9ragmphI5.2 dcals.wiLb"OKEER's right _to terminate services ii(COM17RACTOR under c-c-IrtalincirubmstanceS. �rhc,OWNRR shall not supervise, direct or have or- authority ovir, nor be responsible for, RAr_TOR,s,niLan_% metheiis,-teciihiques, sequences edurcs; of construction or I the'safety precautions and ns, incident thereto; M foiany failure of RACTOP to comply with laws and Regulations b1c to-the-Furriishing-Qr'performance ofthi,Wrirlk ;R will not be responsible f6r MNHRACTOR� to perforin or Linish the Work in ucwWanco with itract Documents. SMIL �.QWNSW5 Asbesbas, PGR9; 'Petrels =: "a RiidiMet r - z ei al 6F set reo iR paragniph 45- 8,1 1, IF and to the exm'A OWNER 11:� I 111:1FOFMi I airrange maras — h%- e— b eert— M a do- I o sat i s K- - QMWE R' ARTICLF 9—fKGUVEER'k 'STATUS DURING CONSTRUCTION , OR.NER'f Representative: 9A_ INOWEt-R. will - be OWNIM's representative during.the construction. penod. The dutiew and responsibilities and the limitations of authority of RiG NM as ONMER's representative - - during construction are set.fcath in the Contruct-Pocumenli and hilau r6l be extended without-wrilten'consent of OWNER trinity to 9.2. iNGDEER'will make.visits to.Lhe sift at intervals ate to the. various stages of construction as MaER deems necessary in order to: observe as an c\W,iicncid and qualiliki design prof6sioreil the prognp-os. W/a*rY OF FOR r COLUM M001frICA1101 45ilk"412000) dim has been made and the quqfity of the Jar_ ions aspects of CONTITRACTOR's executed Work Based' on information obtamed.during such visits and observatiorm ENGWEER will cPdcavor for the benifit of OVJIMR to ............ M general:. if. the, War* is proceeding in accordanc'e* with the Contract Dociument& FINGINEER will not be requiiid'to make exhaustive or continuous on- siio, inspections to check' -the quality or quantity of the Vork. ENGINTMR:s efforts! will be .directed toward providing fc;rOVNER tigreii1cr degiec.of confidence that the completer! Work will conform , generally tb the Contract Documents. On ibe basis of such visits and on. site &wrvations, FZIGIINHER.. will Lee- OWNER informed of the plogruss of the Work acid will to guard 01VNPP against defeefive %V.o'rkz ENGI-NEFR's visits and on-aitc observations are iubject to all the limitations on ENGINEER's authority and r.ehlxmsibility set forth inragraph 9.13, ariel particularty.* but withoutlimitation. hiring or as a result of visits. or observations; of CaNTRAcrows work ENGINEER will mot supervise, dir&i,, control ur.havc authority over fir bc,ksjonsiblei for CONfRACTOWs means, methods,, techniques, sequences or. liroce'durei of construction, or the safety precautioi.is. and Programs incident there,to, or. for any Failure of CONTRACI'M to compt With Laws and' Regulations applicable to the h4inm rm C gOipCe6 MFICCONT1 Work. PMied Fepresentafive.' J.3. . If bWNER and, ENG LNEER agree, FNGINESP will furm'ih,a Resident Project Reprischiativc to assist GINEER . in providing moro con I two'ous observation of the Work ' The responsibilities 'and !authority and limitations, thereon of arty such Resident Project Representative, Pd%assistams will be as., provided in and -9.13. 1-h—a �.1_11._Hiefftlff Gerieral! Conditions.: If NOWNT4R ,designates another 'representative or agent to, represern OWNER of the site who is ivot: E64GJNEERs Consultan, *n&inv?'F,e mplqy�' the responsibilities and itutho , rity- and limitations, thereon of such' other person, will b'e, as 9.3.1. The Representatives dealings 1w matters perlairit with the ENGINEER and CONTRACTOR But, the Rgpresentative will keen the. OWNER Mpl*rly advised about such matters. The_R4qcntaitiive,-s !,,,Imps -with dJ 1__bcontractoniwill only be through cx full knowledec and immoval of the CONTRACTOR :93.2. Duties and Responsibilities: Representative will: 93.21 Schedule& - Review the scltedttle and other schedules prepared by die, CONTRACTOR .antl consult- with the Eli (GNEER c-oncemirie acceptability. 9:3.2:_- Conferences and A4ectinr Arend meeting with the CONTRACTOR such as preconstruction conferenoes.prur�ess meettru ; and_ other`iob..conferences!.and-prepare and circulate copies of minutes of mtetina,,s, 9.123. Liaison Serve as. INGINEER!S liaison with_ CONTRACTOR, working orincipaN tYxow,1i CYJN'fRACT0WS sunerintenderu to assist the fANTR.ACTOR in undcrstandinn the Contract,Doc=ents. 93.2.3.2. Assist in obtainirr 46rn OWNER additional details. or information: when rcouirod-for pro rexceuUon of the. Work 93.2:33: Advise the ENOfNEER' .and CONTRACTOR of the commencement of env Work- requiring -a Shop Dmwirig or sample submission if the"submission�ha-s•not been anprnved by the ENGINEER 9.3,2 4:Review of Wgk�Rgjc4mi of DefWsx York: Inspections an- dlests - 9.3:'_:4.1. :Conduct on -site observarirms of the Work jA pipgM to.assisCtho-ENGINEER yin determining,that the Wtxk is�cxding ui accordance with the Contract Documents. 93.24.3. cmmvisiting Inspectors, representing Alc Mnver agencies lmvirir 1fm ctiorrover the Proie record the results of these ingnMions and report' to the R\'G WEER 93.2-5_ Interpretation_ of Contract Documcros.. Report to ENGNNEER -.when clarifications. and v largelations. of the Contract Documents are .needed .and transmit to C'ONIGRACfOR cluriliaition and interpretation of the Contmcl Documents as issued by the ENGINMR- 9.3.2A hlodificaticros. Consider and evaluate CONT'RAcrows sueeestians for SiCUCOENERAL COND110M 1919-8.(199lr Editicrl' wr a-i y OG ffORT (.'OLUM M(.JD t7CA'tIONS (REV 4 (2cau) modification in Drawingsor. Specifications and Deport -thee recommendations to ENGLNEE - Accurately- transmit .to .CONTRACTOR decisions issued by the ENGINEER 9,�3:2.T Records. 9.�;� S�IieP4ils 9.3.2.8,1. Furnish LNGINEER Qeddic reports. as required of the_progiessof the I and -of the CONTRACTORS .corQg is c 'suit At_pNCLess :xfzedula pnd schedule n[ stwP Dmwing� anti sample sub:IcL,g, 9:3:VS2. Consult with I'sNC &-Ln 'advance, of schi_duGng major tests, uis=tions cc start of important phases of the Work 93.2:8:3. Draft proposed Change Orders and Work Dvcv tive_Ch tn�eg_ abts itrng liaekup materiel from the CONTRACTOR and_rer;cmtmeml to ENGLNEER Chancre Orders Work Nectiye Cdrm cs and -field orders: 93.2.8:4, Repon immediatety td ENGD=- and'OWN-ER the occurrence of MY acciidcnt: 93.2.9. Pavment Requests, Review spplicatian-s for r avmem with CONI'RAEOR for.compdianee with the eswblished procedure for .they submission and fonvard.with recommendation to ' ENGINEER notine oarticulartV the relationsbti'o of requirements of the Contract Documents (in the form the patment MVested'to the schedule of values; .of Dmwings or otherwise) as ENGTNEM ,tnav determine work completed and materials and " equip »end necessary, whidi shall tie consistent with the intent and delivered :at the site• butnot••irri:oiporatedrn. the reasonably in[ereble from the Contract Docinmeras. Such ' Wort written clarifiwtiors and mtcrpietations will be banding on UWAIEIR, and' CONTRACTOR. If OWNER or 9"3.2: J. crripletion CONTRACTOR believes Atha[ a ivrittert clarification, or interpretation. jiistt es an adjusrment in the. Contract Price 9l 2_10"i. Before CNGIl+FGEIL issues a or the Contract Times amal the parties are unable to agree, Certificate of SubstamkiL Cotnpletion submit to the amoum or, cment, thereof, if any, OWNER or to CONTRACTOR a list of observe , ti�ems CONTRACTOR may make a written claim therefor. k. "reauirimw orrectionorcomnletion provided inMtide.11tirAhicli12. 932: 0.1 Conduct final inspection in the Anthorited Vivktrions in Work: camor iv of the FNGINEM OWNER and CONTRACTOR ,and prepare a final list of 9.5. ENGINEER may suthnriic minor variations in items to be umeeted'or completal, the Monk from the rcquiremeiits of the Contract Documcnts.which-do not involve an ad'ustrgcnt in the. 93-2.16.3. 'Observe that all items on the, Contract Price or the Ctmtmct Times and are compatible ' firiatlist have been wrraxcdorcompletedand •With thc.design conceptof the,complctnd'Project:as•a make reeommentlationa to ENGINEER furictitmu4; whole as indicated by the Contract concerning acceptance, Documents" These tray be•aeaornplished'by, a Field.0rder and w ll he 6 ndutg t n OWNER and also on 9,33. Limitation of Authority: 'The Representative shall CONTRACTOR who shall perform the Work• involved ' not promptly TMWNFR'orCONTRAGTORbelievesthat'a Field Oreh:r'jiLgifics an atf�'tr5mtent in the Contract pricefor 9.3.3.1. Authorise airy• deviations from tlic ,the CSaitract Times and ;the- parties are uriab[o m_ agrceai Contract Documens nr adxYyt:'aily substitute to the amount or. eiacm• thereof, OWNER ur mate Is or a ipm nt inks autiidriaed by the. CONTRACTOR may, make a written• claim therefor as sF GINEER. provided in Article,] I•or 12, 9.3"3.2: .F,sceed_ limitations: of°,FNGlgHF'R'S, -. RejeedngDefeetrve ]York: .nuth assetfg1histheContractDocuments ' 9.333: •Undatal:•c any .of,tlie responsibilities 9.6, 'ENCi[NEfilt will have authority to disppprovtor of the CONTRACTOK ' Subeontracton or reject Work which ENGrNEFR believes to he clrfective, S9I1fRACTQR'S sunertme d�kpt, or that ENGINEER believes will not produce a ompleted Project that conformi to, the Contract Dpcumerits or that 9.3:3:4. .Advise on or issue directiors.relag"ve will prejudice intdgrityof the design conecpt of.tht to_ or assume control over any. Agigq of the _the wiripleted Project as a functioning whole as indicated by ' n_¢ meamethods techniques. sequences.. or the Contract Documems., ENGINEER will also• have p eduris. .for consvuetiott uplgis such is authority to require special mspection,or tegini of the §pecificallycalled 'firinthe Contract Docwnents Work as provided in para_cntph 13.9,.whether.Lr not the Wort, as fabricated, i staued or completed. ' 9 3 3 5: Advise mor issue directions rea del oc assume gaatrol over safety.: Shop Drawnigs,Change Ordersand 1Paymentr:- precautions grid prrvt+mms in ciinnections with -the Work: 9.7. In:vArmectton,wult DNGINE:ER's awhority'as to Shop'Drawing's and Samples, see paragraphs.6-_4 through. 93.3.ti. Accept 'Shoo Drawirias eusam_ple submittals Gent anyone 'otherthan the .6.28 inclusive. CONTRACTOR 9"S: In. ennneeuon With ENGINEER's authority as to .ChangeOrders, sec Articles IU. Ll, end 12. 9.3.3.7._ Authorize .OWNT:R .to _occupy- the Work in whole or in mart: 9S. 'In connection with Ra IGINEER's' audiai[y, as to Applications' for Payment; see Article 14. U:8: Pannier. ap to inSmeiklized field .or omlory tes[s or intipedions conducted by others Daterminariuns for Und N'ck ee9ep-1 -as speciLaillv authorized" by the ENG[NML 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Weak ptafdamed • by ' Clarifications and lnterpietationa:• CONTRACTOR. ENGINEER Willi review with CONI'RAC.'I'OR the ENGINEER'S preliminary, 0.4. ENGINEER will issue with real riable promptness determinatiora on such mauers'bcfore rendering a written such written clarifications. of interpi-etitiois of the decision thereon (by recommendation of,an Applicmion FJC�CUbNFR.U; COIdIJ1710iu$'t 911F811'Mtl Eilliinl .21 Wr dry of FORT COLUM MOou'1CAnofm tary a2oaa) L' J for Payment orotherwise). ENCINEER's:written decision thereon will, be final and binding upon 01VNTiR and CONTRACTOR. unless: within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice or intention to appp�,1 front ENGNEER's decisien: and:' (i) an appeal from ENGINEER's decision is taken within the time limits and is accordance with the.pnicedures set forth in Exhibit GC -A, "Dispute Resolution Agreemem% entered into between OWNER and_CQINUPACTOR pusuanl'to Article 16. or (ii) if no such Dispute Resolution Agreement. has been entered i io; a fom ral proceeding is instituted by the appealing party in a fonts of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGNIEER's decision, unless otherwise agreed in writing by 01,VNIiR and CONTRACTOR such uppral' will not be subject to the procedures of paragraph 9.1i. Decisions on DLVWer. 931. ENGiNEFR will be the initial- interpreter of the requirements of the C alumet Documents and.judgc of the accepubdity of the Wort' thereunder_ Claims, disputes and other marem relaiite3,,to the accetxahilityof the tVork or the iiltcrprctatiom of tit, riquiremeras 'of the Contract Documents pertaining to the perfirtmanceand furnishing of die Work and clauns ands Articles 1 I and 12' net of changes in the. Contract Price or Contract Times will be referred initially to ENGINEER'' in writing with a request for a forfnbl decision in accordance with this pmagraik Writtcn notice of cach.such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event givingrise,thereto, and written supporting data will' be submitted toy ENGINEER and the titliecparty within six ly days after the start of such occurrence or.event unless ENGItNTEER allows an additional period of time lot the submission of additional or more accurate dam in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGTINTSRand the claimant within thirty days after receipt of the claimant's last submittal (unhss FNGLNFERallows, additional timc). ENGINEER will render n formal decision in writing within thirty.days after r"riL of the oppmir g party's submitud, if any„ m accordance with this paragraph - ENGINL•ER's written decision on such claim, dispute ortither matter will - be final aired biruliog upon OWNT 1Z aiid CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC=A "Dispute Resolution Agreement% entered into between MWER.and CONTRACTOR pursuant to Article 16; or (ii) if no such Dispute Resolution Agreement lies been entered..into:r tcriuen •notice of intention to appeal from' EN,,GINEER's written decision is delivcred by OSVNER_ or CONTRACTOR to the other and to ENG[NEEP within thirty' days after the date of such decision and a [carnal proceeding is irislituted.by the.pppealing party in a forum or competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim,. dispute or other matter in accordance with applicable laws and Regulations within siidy daysof the bite of such EKDCGEN AI. CMU'nONN 191Vat OM Etitim)' 22 w/ CITY OF FORT LOLLIM MOWIC.4TIONS IREV42OM) decision. unless otherwise agreed in writing by,OWNER and CONTRACTOR. 9.12. When functioning as interpreter and judge under paragraphs9.10 and 9.11, ENGINEER will not show rpmtiality to,OWK9R or. CONCRAOI )R and will not. be liable in connectiun with any interpretation.ordecision rendered in good faith in such capacity. The.rumiering of a decision by E40LNT-M purstiant to paragraphs 9,10 dr 9.11 with respect :to. any such claim; dispute or other matter(escept arn'wkrch have been waived, y the coal i g or aecepiance of final payment as provided. in paragraph 14.15) will be a condition precedent to any exorcise by OWNER or CONTRACTOR, of such rights or remedies as either may otherwise have under the Contract Dociimcnts or b) Laws or Regulations in respect of any such claiin, dispute or other matter -pt'-lecle-14: 9.13. Limitations un GVGIAEFR's Authority and ResltnndbleYtlev: 9.13.1. Neither ENGTNEER's authority" (x responsibility. under this Article 9,or under another provision of the'Contmot Documents nor 'any decision madeby ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undcmking; 6xreise or'performance of any authority or responsibility by ENGINEER shall create„impuse or give.rse to any duty :owed by ENGRZER to CONTRACTOR, any Subcontractor, any Supplier, any other persist or organiartion, or to any surety for or employce,or agent of anyof them. 9,132 ENGINEER will not .sipervise; direct, .control or have authority over or_be responsible For CONTRACTORs means, methods. techniques, sequenc6s or piciccdures of construction, or the safely precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the ' famishing or perfonuanex of the Work:, ENOL`TMR, will slot be responsible for CONTRACTOR's failure to,perfoum or turnish tha Woof in accordance with the Contract Documents 9.13.3. ENGINEER' will not be responsible for the acts or omissions of CONTRACTOR or of any Subco'nuador, any Supplier,: or of any other person or organi lion performs g or famishing any of. the 9.13.4..ENGINEEKs review of the final Application for payment and accompanying documentation and ell mamtermoce,and operating instructions. schedules. guarantees, Braids and certificates of inspection, tests and approvals and other documentation required to be, delivered by paragraph 14:12 will only be to determine generally that their content complies with the requirements of and in the case of certificates of inspections, tests and approvals that, the results certified indicate compliance with., the Contract Documents ',13.5. The limitations. upon authority and ' They also recognize the delays, expenses and difficulties involved in proving in a legal preceding 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 twenty (20) consecutive ' working days 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: Three Hundred Sixty -Eight Thousand Seven Hundred Forty Dollars and Twenty Cents ' ($368,740.20), 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. 0 r 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 i 11 responsibility set fdM in this patagmph %13 shall also apply Act DMMEER's Consultants,,"Resident .Project Representative and assistants. ARTICLE 10=CHANGES INTHE WORK 10.1. Without invalidating the Agreement andwithout notice to'env surety. OWNIER may. at.Rny ttme'or from time to time, order add lions deleti ens ur revisions in the Wiirk-. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order,; or a Work- Change Direcuve. Upon receipt of any such document, CONTRACTORshall promptlyproceed with _ the Work involved which will, be pa6inei under the applicable Conditions of,the Carardet.Documents (except as otherwise'specilically provided): 10.2: if OWNER and CONTRACTOR, are unable'to agree. as to tte•eovem, if any, of an adjustment in the Contract Price or an adjustment.of the Contract Times that should be allowed as a result of a Wort: Cliange.Directivi; a:elaim in 6e made therefor as provided in Article 1.1 or Article 12,, 103. CONTRACTOR'shallnot beentided1aiiniheram imthe Cnntraa Wiice or anwttermitin of the Contract Times. with respect to any .lNork performed that is not regwrcddry ifidd the CbntDocuments as amended, modified and supplant provided in paragraphs 3:�. and 3,6; except iih the case of an emergency as provided in paragraph 6.11' or in the case of 'uncovering Workas: provided in Paragraph 13:9e . 10A: OWNERand CONTRACTOR' shaft; excoite appropriate Change Orders, recommended by ENGMIER. (or: Written.Amendrtiants) covering:. 10 4,1, changes in the Work, which Aire (i) ordered by OWNER pu(su nt,to pumgn# 10, V, (u) required because of acceptance df. defeclAv Work tattler p2ogiaph'l 3.13 or correcting defectim. Work uhdcr pamgmph 13;14 or (iii) agreed to by the, patties. I0.4 2. chithges in dire Contract price or Contract T imes which are agreed To by theparti&, and WAY changes in the Contract Price or Contract Time which embody the-submitce or any written decision rendered by ENGINEER pu=nL to p81a6mph 9.1I; provided that. in lieu of executittg any. such Change Order, an appeal may be taken from any sui:h' decisiin in ecourdlarxa with, the provisions of the Contract Documents and applicable Laws.and Regulations,' but during any such appppeeaal. CO.NTR.Acrok .shrill Carty. ore die Work and edhae to the' progress .schedule as ,provided in paragmph6;�- '10.5, if notice of any change -affecting the general scope of die Work.or die provisions of the Contract Documents: 1'. WT 01INMAL.CONDITIONS't91tHI 0990 Eililiait. wl CITY OF FORT COLLINS MOOIFICAt1UN91REV •120W) (including, but not liinited to. Contract Pricy or Contract Times) is required by the provisions of'any; Bond to be given to a suretyy the;giveng,of any'sue notice will tx Cn1JTRA 'T012's responsibility, and the amount of each applicable Bund will befidjusted accordingly: ARTICLE 114MANGE OF CONTRACT PRICE 1.1:1, The Contract Pricy coistitutes •,tie • total' compensation(subjact to authorized adjusunents) pavable, to CONTRACTOR for performing the Wuirk. Allduties, respotisibilitics,and'oblig3tf6ns:assignid to or undertaken' by CONTRACI'ORshall beatCONTRACTOR!s expense without change in the'Contract'Prim: 11.2. Thi ,Comract.Price may only:be changed by, a Change Order or by a Written Amendment An}• claim for in adjustment in the Contract Price -shall be basedon written notice gclivared'byidnc party making the claim to ulna Other piI4 R l to ENGINEER prampUY'-Nt in'nti cNem later, than,thirty. days) after the start. of •the occurrence or Mat graving rise to the claiinand stating the general nature of the claim, Notice of.thi amount,of th'z claim with sttpporung,tfata shall be delivered within story days after the start of such occurrence or event (unless ENGMER aliaws:additional time for diumantto'submii additional;or more accurate data in wppdtvf the claim and shall be ncccmpankd by claimant's written statemad that the adjustment claimed covers all krintvn amounts to which the claimant is entitled as a result of said tx:c'utrence or event. W claims for adjustment irk the Contract Price .shall be ddeteniiuted. by' ENGLYEi R in accordance with par2graph9,ll if OWNER and CONTRACTOR tarmut otherwise agree on the amount involved. No .claim fair an adjustment in the Contract Price will be valid if hot submitted in accordance with this parag uPh 1 L2. 113 The value or. any Wtirk.oOVdd'by a Change Order or of any claim for.an adjustmeni in the. Contract Price Will be determined as-fjU6ws:, 11.3A.. Where the Work involvedis'covered by nit prices. amtained� in tie.Contract Docurneras by applicatiba of such urut prices to'the yuantiticsof the items, involved (sutiject` to the provisions, of 23 paragraphs 11;9.1 •through 11.93: inclusive,): CONTRACTOR :shall obtain competitive bids from Subcontractors " accepable to 0%'vWM, and 11.3.2. where the Work involved is not covered .by CONTRACTOR and shall deliver such bids to unit prices contained in the Contract Documents; by a OWNER who will then determine. with the advice of muiuslly agreed payment basis iriclridmg lump sum ENGINEER wh ch bids, if any, will be accepted. If (which may include an..sllottance for overhead and any subcontract provides that the Subcontractor is to profit not necessarily ;in accordance with be paid on the basis of Cost of -the Work plus,efee, paragraph 11.6.2); the Subcontracto(s.Cost of the Work and fee :shall be determined in the same manner as CONI-RACTOR's 11.3:3, where the Work involved is not covered by unit Cost of the, Work and fee as provided in prices contained in the Contract Documents and paragraphs I l a, 11.5, 11.6 and ,11 7, All ageement to a lump. sum -is not ieachal under subcontracts sbaH be subject o the otht r provisiu s of Paragraph 11.3.2, on the basis of the Cost of the Work. the Contract Documents irentar as applicable. (detemtmed as provided in paragraphs 11.4 and 11.3) plus a CONTKACI'OR's fee for overhead and profit 11 AA: Coster of special corvailtants•(including but ('dctermincdasprovided biparagmphII,6), not limited to cnginec'n, architects, testing laboratories. surveyors. attorneys. and. aacounlants) CoaoidieWorAL employed for services specifically related to the. W auk. I IA. The tern Cost of the Work means the sum of atI costs nccinY. y incurred ainl paid by CONTRACTOR in 1.1.4;5. Supplemental costs iirc:luding die following; the proper performance•of the Work.. Except as otherwise may be agreed to in writing by OWNER; such costs. shall' I IA.5.1: _ 'flu prcportioq of necessary be in amounts no higher than those prevailing in the transportation, have] and suhsnstence•e\penses of locality of the Project; shall include. only the following CONTRAC.TOR's •employers incurred in Items and shall not include any'of the costs itemimil in discharge cif duties'connecteil with the Work, paragraph I I S• 11.4.5.1 Cost, including tnus7xuta[ion antl IIA:i_Pay-roll costs for employees in the direct mairiteriance, of all m"awrtals, supplies. employ of (X)NTRAC:TOR in the perturmance of'the equipment, machinery;, appliances, ounce and Work under schedules of job classifications agreed temporary facilities at. the site and hand tools not upon by OWNER and CONTRACTOR. Such owned by the workers, which,are consumed in the employees shag include without limitation performance of'the _Work, and cost less. market superintendents. fe_xemen and other personnel valueof:such items used but not oonsumed which employed -'fuUme-:nt the site. Payroll costa far remain thepropertyo-`CONTRACTOR, employes not employedfull-tinne on the Work shall be apportions d.on the basis of heir time spent on the 11.4.5.1, Rentals of all construction Wo& Payroll ecars shall atclud�-lwcnct be limited to, equipment andr machirnery amh_th e.parirtheriof' salaries and'Wages plus the cost of fringe 6enotits whether rcntadfiam'CONTRxkCTORorothers in which shall include social security contnbutions accordartcc with rental egroemcnts approved by unenip'oyinent cicise and payroll taxes,. workers' OWNER -With theadvice:ofENGINEER, and the cemrpensM, r>; health arid -retirement benefits; bonuses; tests of transportation leading-, unloediriS, and 1wh*, payepplicable thereto. iWallation,-dismannlin_a and removal•thiereof=all' The e..,penses of performing Work after regular in accordance with ,terns of said rental workh4 hours, on Saturday; Sunday or legal holidays, agreements. The rental of any•such equipment. stall be included in the above to the esaent authormed machinery car parts shiali cease when the use byOWNER.- thereof is nci4onger necessary for the Work. 11.4.2. Cost of all materials and equipment furnished 11.4.5,4. Soles, consumer, use of similar, taxes and incorporated in the Word: including costs• of related * to the Work, and, for which transportation and storage thereof, and Suppliers field CONTRACTOR' is liable, imposed by Laws and services required in connection therewith All cash Regulations. dixtr nts shall' accrue to CONTRACTOR unless OWNER deposits hands with CONTRACTOR with 11.4.5.5. Deposits lost for causes other than which to make payments, in which case the cash negligence of CONTRACTOR am•• discounts shall roue to OWNER All trade- subcontractor or anvone directly or .indirectly cdisccxmts; rebates and refunds and returns fmm sale of employed by -any -of them or for Whuose acts any surplus materials end equipment 'shell accrue to of them may be liable, and royalty payments and OWNER. anc1CON1'RA-MR.shalt make provisions feesforpermits and liixucs. .so that they may be obtained 11.4.5.6. Losses and damages (and related 1.1.4.3. Nymaits made by CONTRACTOR to the c.Venscs) causcilL by dama¢e to the Work. not Subcontractors for Work performed or Nnnishied by compensated by insurance or otherwise. sustained Subcorivapors. If required by 01VNER, by CONTRACTOR in connecti m with the sncnccENER v. COMA710ta4 teunx 11,59y E66mi 24 wnaTrOrtoRTCOLLIMMODIP1.CA'n0M;1PJ-7'4na09i 1 9 0 I xf?t� and of the Work (ne.XCept. CO$ _ tj . due to the- negligence Of =Ls losses dnm4gousts. CONTRACTOR;. any Subccintmicur, or anyone of-propciiy insurance established by OWNER in accordance with paragraph'591 provid&d they. tlirecdy or indirectly employed by any of thcrol"'r-or whose acts any of them may be liableincluding but have , resulted From causes. other than * the not limited to, the correction of tkftcii%v- -Work. ne lig of CONTRACTOR; arry disposal of materials oreclbipment wrongly supplied Suicc=etcr. or anyone, directly or indirectly and making gotid'any damage t-o'Property. empldyed by any of them or for whosehcts�az of them may be liable. Such losses shill, include 11.5.6. Other overhead or, general expense costs of scidexiiiiis made with the written consent and any " and the costs of any item not specifically and ovalof OWNER_ No such losses,damages exprqssly included in pqagruph arid expenses shall be inciuckd- M-' the Ciao of thi Wo& far the purpose of determining Ir1.6. The. (:()NTP_ACT0WS fee allowed to CONITRACTORs fee-. LE however. any such loss CONTRACTOP' fui overhead And profit shall be or damage requires reconstruction and determined as follows CONTRACTOR is placed in charge tlicitiof, CONTRACTOR shall be paid, for services a fee I I.G. 1. a mutually suceptible EKO'd Ceti. or proportionate to that stated in paragraph 1 L6.2. .po UUZ'if a fixcd'.lcc is ndt-agreedupm !4cn a fiec: 11.4-0- The cog of utflitics, *1 and sanitary- based on, the Followi1 l percentages Of the various faciliticstit, thesa.e. partions'd LheCbst J-Work: 11.4.5.8. Minor expenses such as telegrams, 11.6;2.1.. for meats. 'incurred wider long distance -telephone calls; telephone service at paragrapti IJ -4.1 lard . 11 :4.2, the , the site, expressage and similai petty.caqh items* in r� ow-RAcTows lec s6ilhe fifteen perocnr,, connection -with the Work. 11.6:22: ffi r costs. incurred under 11.4.5.9. Cost of premiums for.hdditionatflonds paragraph 11.4.3, the CONTPAC17011s,fcii shall and i6siininecrequired because of. qhangqs in the be five- percent-. Worki 11.6.2.3. where one or more tiers of .11.5. The torm.Cost of the Work.sKill not includeafiy,of sub6ofttracts are M the bhsis,of Cm of the Work the follow 4: plus a fec'tind rib fixed fee is agireecl, upon, the 'torrent of p6ragmphs. 11-4-1, 11A2, 11:43.and 11,5J, Payroll costs and other compensation- of 'principal's 11.6.2 is that ife su6cmairactor who, actually CON'TRAC.70Ws officers. executives fof- performs or ftunishp the Wok; at whativer tier, parthershio arid sole pniprieturships,X gcncmi managers, will be (mid 4 fee.of fifteert percent of the costs engineers, architeM astimatom attorneys noditom. incurred by such Subcontractor urider partigraphs accountants, purchasing and -contracting AgenK HAI and HAT and that any higher tier eVocliters'- timekeepers, clerks and other 'personnel' Subcontractor and CONTRACTOR will each be employed by CONTRACTOR whether at the site a 6 Paid a fee o�fiva part it a€ttta amount paid to Cohl'tPACTOR's isinciiiiiI oi alimm:K office for the mScE-lowiir4"bc4itnietor; to be neentiated gefl1'administration of the Work and not' dii 11 !d ' spec jgood _faith with the OWNM but gto&Qpkd RL _ inc in the ngreed' upon sc�ctwc, OC19JOYD d6ssific - itions. referred to in paragraph 11.4.1 or five percent of the amourd paid to the next lower tier Subcontractor, specifically covered by paragraph 'i 1.4.4-all'iif which we to be considered a&inistrative costs covered by the, 11.6.2.4:; fid &e shall be payable on the basis CONFIRACTOR's fei, of:costs itemized under Paragraphs 1 L4.4, 11.4.5 and I 1,S; 11.5�i Expenses of C01,TFRACTOR's piincipal and bra;Z� offices other than"CONTR.kr_TOR's of at 11.6.2.5. the mourd or credit to be allowed the site. by, CONTRACTOR - to OWNER for any., ft . ngo which results in a net decrease in cost will be the 11.53. Any pan of CONTRACTOR'S capital, amount of,dic actual net decrease in cost plus a e.xpensm including interest on CONTRACTOR'S deduction in CONTF-ACTOR'i fee by an amount capital employed for the. Work and efiarges against equal to fiY; percent of such:net tlecreasc: and COINMACTok.rbr delfritlumt payments. 11.6.2.6. when both additions arid credits are 11.5.4. 'Cost of premiums for all Sonds and for all insurance whithei or imit CONTRACTOR �i required involved in any one chaqgc, the ad�ustmcm. in CONTRACTOks fee shall be computed on the by the Contract Docurrients to purii-jinse ark] maintain the basis basis- of the net change in accordance with the sam_c_(cx_cLptfo_r cost of premiums covered by 11.6.22-1 throu Pa gh 11.6,25, inclusive, .subparagraph 11.4.59 above). 1 Q_ Whenever the c(5st of any Wort- it to be 25 W/ CITY OFFORT COLLINS MODIFICATIONS (REV 42000) I I determined pursuant to pamgmphs 11;4 and 115. CONTRACTOR will establish and maintain records thereof in accordance with generally acceited.accounting practices and submit in forth acdxptable.tol�i'GIIdEER,an itemized cost breakdown together with supposing data Osb Allowances. 11.8. It is'understood that CONTRACTOR has included n the Coramct Price all allowances so named in the Contract Dacumaits and shall'eause the Wimk so covered to le fiurastted and perfarrnedfor such sums.as may be acceptable to OWNER and ENGINEER CONTRACTOR agrees that:. I1,$a, the allowances inehrde the cost.to CONTRACTOR (less arty applicable trade disco,unts) of.mataials and equipment required by the allowances to'be delivered at the shc,.and all applicable lakes and Il.S-^_CONTRACTOR's costs for unloading and handling on the site, labor, installation costs; overha4, profit. and other expenses contemplated ,for the allourrrnces•have been included in the Contract Rice and not in the allowanoes. and no demand for additional payment'anaccqunt of -any of the foregoing, will be valid. Prior to'Gnal payment, an appropriate Change Order will be issdi d•as recommended by ENGINEER to,reflect,actual amounts due CONTRQCTOR'•on account of. Work covered try allowanms; and the Contract Price shall he oorrespondingly adjusted. 11.9. Unit Price R%orlr 11.9.1, Where the CuntractDocuments providcthat all, -or part. of the Work is to' be. Unit Price Work, initially the Contract P im ,will be deemed to include fair fall. Unit Price- Workan amwnt'cqual'to the sutra of the �blWied_ unit :prices. for ach separately identified. -item.of Unit Price Work times the estimated quantity of.' each item as indicated in the tlgreement The estimated quantities of hcma�of Unit Price Woik are - not guaranteed and are solely for the purpose of comparison of Bids and determining an. initial Cimtmet Rice. Determinations of the actualquantities and classifications of Urut Price Wcvk_ performed by CONTRACTOR will be -made by ENGINEER in accordance with paragraph 9: lo- 11.'9;2. Each unit price will be deemed to include an antuum'considered by CONTRACTOR to beLadequale to cover CONPRACTOR's overhead.ard profit for each separately identified item. I L9.3.OW TER or CONTRACTOR may make a claim Cur an -adjustment in the 'Contract Price in accordance with Article I if.. 1 E9.3.1. the quantity of any item. of Unit Price Work pertosmed by CONTRACTOR dilIcts .materially .and significantly from the estimated quantity of such item indicated in the Agreement; 26 EICDCQ%- RALCO,%41XM0N91910$(1991) Edition!. wr CITY OF FORT. COW bit MODIFICATIONS 1RLV 4r2atalt and 119.3:2: dierc is no corresponding adjustment with ,respect to any other hem of Work-, and 1.19.3.3, if CONTRACTOR believes [fret CONTRACTOR is entitled to an increase in Contract Price as a resultof, having- matured additional egrmsa ce..OWNER brilreves that OWNER is entitled to a decrease m Contract Price and the' parties are unable to agree as to; the amount of arty arch iruiease or deaeasc. 1 L9.3A CONTRACTOR acknowledues. that the OWNER has the tiaht to add or delete items in the Aid or change gmnnitiht OWNERS nte ouaTect discry n wiCommit Price of ,am. rcmainina item sn long as. the deletion or addition dues not 1,e [wenty-fwe percent of the original total Contract Rice. ARTICLE 12—CHANGF. OF CON MCT TMES 12.1. The Contraet'rimes (or Milestones) may only be changed by a Change Order or a Wrivat Amer dnient. ,Vty claim for an ad'ttstaient of the Contract Times (or Milestones) shall be based on written notice delivered by the patty making the claim to Ilia 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-th L extcnt of the claim with supporting data shall be delivered within sC'ity days after such occurrence (unless E.'NGiNEF.R allows additional time. to ascertain m me 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 reirson.to belliVe it is entitled rice result of die occurrence of saiclevenL All claimsfor adjustment in the Contract Times (or Alestones) shall be determined by ENGINEER in. accordance, with paragraph 9,11 1P OWNER and CONTRACTOR cannot otherwise agree. No claim for art adjustment in the Contract Times (or Milestones) will be vulld 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 part of the Work within the Contract Times (or Milestones) due to delay 'beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in ,in amount equal to time last clue to such delay if a claim is made therefor as provided in paragraph 12.1'. Delays beyond the control of CONTRACTOR shall include ,brut not be limited to, acts or ne�lect by OWNER; acts or -neglect of utility owners or other comnactors performing other work as contemplated I;}• Article 7. rues, floods epidemic& abnormal wealhet conditions or sets. of Gild. Delays attributable to and 0 Within the control of 5 Subcontractor or Supp.Lier shall be deemed to bi delays Within the. control of CONTRACTOR 122.4. Where COISqIRACTOR is prevented from completing any pan of the Work- within the Contract Times (or Milestones) die to May heydrid the control of both OWNER and CONTRA1&OR- sin extension 'of the Contract'Times (or Milesicims) in no, arturamv equal to the time lost due to stick delay shall be CbNTRACTOX3aok and seclusive rcincdy'r6r such delay. In no overt', shall' OWNER, be liable to CONTRACTOR, any Subcontractor cony Supplier:any* okhir person or organization, *LWto any" surety for or employee - orua e1tt of any of them, for damages arising out oforr- tirGfrom()dcIays,causcd or within 'the control of the CONTRAC'MR.'ar delays bcyondlhc control of bbth partics inclddi4 but not limited to; firm floods, epidemics, abnormal weather conditions,, act of God or acts -or neglect by 'utility 6%vncrs or other contractors performing other work as contemplated by Articic7. ARTICLE 113—TFSTS ',ILND INSPE&IONS;, CORRFCTION, REMOVAL OR ACCF.PrA.NC* OF DFFLq-rlVf.' WORK 03. Noticeoftlefe4it Prompt notice of all *ft6e Work of which OWNER or ENGINEER have.actual:; kiiiiwledge will, be, giveri'to CONTRACTOR. All W14five Work. may be rejected;, corrected or accepted as provided in this Article 13-- rice fssi&Work: 112: 'QWNtR, ENGlNIMk:ENG=- -Xs corm.fiants,'. oilier representativiiii, and personnel! of OWNER, indipcMadickinj lalionitorics and governmeniml agenciesWith jurisdictional intereas vvdt hhve access to the Work PA reasonable-iines for their observation.. inspecting, and wtinll: --coNTRAcrolt shin provide thom proper and 'safe conditions for such access and advise them of tONTRACTOR's site "iy psocedures arid programs so thia they may Comply tKare%vitYias applicable Temeand1n.Techons.-. 133: CONTRACT OR slitill give ENGINEER Itimety notice of Tidiness of the Work to? all required ireilpectitinj tests or approvals; and shall cooperate With trispm pon and testing personriel to facilitate requi red mspections*Lv. tests. 13A:OWNER shall emplay and pay for. the services of an independent testing laboratory to perfwm all in*enctions', ttists, or approvals ruquintil by the Contima Documents except: - . 13.4.1-- for inspectiqM tests or,appyovqIs,cuv=d by paragraph 13.5 below; 114.2 that costs incurred in connection with,tests .or hspections conducted puisbAnt to j afiioph 13,9 BXM,C(J[5NUtAt;,C0ND1T10;,13 1910-3 6990EMicni W/ CITY'OFFOR*r COLLINS INIOCIFICAnom i1mv .1a0w) below shell •be, paid As provided in said paragraph 13:9�, and 13.4.1 at. otherwise specificall uuct Dotaune']Ak 1. y provided in the Con 13.5. If Laws or Rtguliitiora of any public body havinit prediction requin: any Work (orpart therec) speicifically to be inspccta�, tested or approved by an cinolcyce or other rcorcscrrtativc of 'such public body. CONTRACTOR shiAI assurnii full resTonsibility, far arranging and -b co"As obtainiL ngsu-c inspections. tests or approvals; pay 211, in connection therewith and furnish FNGIVIEFR the required certificates of inspection. or approval. CONTRACTOR shall also be responsible for arranging afid,61itaiiiing and shill pay all owas in cc rin"ectibriwith' any tests or sppr6vals required for OWNERs and eMINEEM acceptance of materials or equipment to be incorporateil in ihr-WA or of materials, mix designs. or equipment submi . tied For, approval prior to CONTRACTOR's pdrchi k thereof for ineorporation,in the Work: 1.3,6. 'If any Wiirk(or the work of others) that is to be' inspceted, tested or approved iscovered, by_ CONTRACTORwithout rwritten concurrence- of ENGINEER;, it' must if,fe4acsted by -ENGINEER, be uncovered for observatiom 13.7, Uncovering Work as provided in'paragraph 136 shan, be at toNTRACrows I expense twess C.0N-fRAC-rOR.W given FNGINFFR timely notice of CONTRACTOR'S intention -to cover the same and ENGINEER has not acted with m&-4nable liromptrim in resptiiisi: to such notice, Vnem-onjr Mork. 1:3If any Work is c6va to the'written rcquest of ENGINEER a =7 icquested - by ENGINEER.'be uncovered rci ENGMER's obism%tion and replaced at CONTRACTORs expense.. 13,9. If ENGINEER considers it necessary or advisable that ' oove - red Work be observed by. ENGINEER or inipectad. or tested by offids, CONTRACTOR. at ELNGINEE-R's request shall uncover, ex POW ose or otherwise make.avadable for observation, inspecfion or testing ,as ENGINEER may require that purtion of the Work in quistion. ftirnishing 611 4ecesstiry IRL;Dr.- material and oilitiliffient. If it is found that such Work is Sfective. CONTRACTOR "ll pay all Clulins. costs, losses acid damages. Caused by, arising out of or resulting firom such uncovering, exposure, observation, inspection andL testing and of &dtisffictory replacement or - reconstriiction- (including but not limited to all costs of repair or replacemem.of work of others); ,anal OWNTER shall be entitled to an-appropriatc decrcase in the Contract Price, aril if die parties are• unabIc to Wee as to tho.amount thireof, may make a claim thm:liir as provided'in Article 11. If, however, such Work is not found to be. &Jcfive, CONTRACTOR shall he allowed an increase in the Contract Price or an emension of the Contract Times (or Llvlilestories� or both, dirictly tutrilititahle to such 27 11 u urtcovering, elcpoaire, obsar miip, inspection, testing, replacement arul reconstnictiom.. and,. if the parties .are unable to agree as to the amount, or extent thereof. CON*TRACTORmay make'a claim therefor as provided in Articles I L' and 1?' OiV,%ER :1/av Stop the Work: 13:1u. If the Work is defective, cr CONTRACTORfails to supply sufficient skilled workers or suitable materials or equipment or fads to furtiish or'perftirm the Woik in sucif a_ way that the completed Work will conform to the Contract Documents• OWNER' may order CONTRACTOR to rk stop the Woor any portion dkreuC until the cause fir such order has been eliminated; "ever.. this right of OWNER to stop the Work shall not giverise toany duty on the pail. of OWNER to exercise this nghl for the benefit of CONTRACTOR or any surety or other party. Correction or Remmiot of Defective Work- 13:1.1. if required by ENGINFIX CONTRACTOR shall promptly, as directed, either correct all d,tfeeffiv Work,. whether or not fabrimted, installed or completed, or, if the Wort: has been rejected by ENGINE ER, remove it Enna the site and replace it with Work that is not, defective.. CONTRACTOR shall pay all- claims, cost-, tosses grid damages caused by or resuhinj from such correction or removal (including but not limited to all costs of repair or replacement of work of others), UAL Correction Pehod- 13.12.L. [f withinene.year two wearsafter 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 jut iantci.required by the Contract Documents.or'by arty specific provision of the Contract Documents, any Work is found: to be defzeth'0. CONTR ACTOR shtt1 promptly, without cock to OWNER pint fin acvnlat with OWNFR'.s tirittip instructions: (i) comet such defective Work or, if it has been rejected by OWNS& remove it from the site and replace 'it with' Work that is not refective, and (ii) satisfactorily correct,or remove and replace any damnge to other Wort- or the work of others resulting theref um. If CONTRACTOR does not promptly comply with the tams of such instructions, or in an'emergency where delay would, muse serious risk of loss or damage, OWNER may have the fief ctrvei Work corrected or the rejected Work removed and replacee4 and all claims, costs, losses -and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others).will be paid by CONTRACTOR. 13.1?2.fo special circumstances where a particular item of equipment .is placed in. continuousservice before Substantial Completion -of all the Work; the enrrmtiori period for that item may Stan to run from an earlier dint if so provided in the Specifications'or by Written'Amencirnerit 13,12-.3; Where dt/ecrive Work (and damage to other ,Q sicroccsNumcoNumomigw-sttyvuemo). car CITY ob roRT gown MOb1MCA-rioNs IREt• 4a000t Work resulting tharefrom) has been corrected, removed or replaced under,lhis pamgmph 1112;_the correction period.hereurider with respect to such Work will be e�dcncled for an additional period of erne-yaer two years after such correction or removal and replacement has been setisfactorily winpleted Acciptance of Defective Work: 13,13. Lf instead ofrequiiing correction or removal and replacement of defective .Work OWNER (arid, prior to FNGINFER's recommerulation of final payment; also MNOINFER),prefers to accept it, OWNER may do.so. CONTRACTOR shall pay all claims. costs, losses and damages attributahle to OWNER's evaluation of and determination to accept such d facfive Work (such costs to. be approved by ENGM$&R as to reawnableness). If any - such axeptance occurs prior to ENI CIINFER's recommendation of rural payment, a Change Oiler 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 parses arc unable to agree as to the amount thereof,tiWNE:R may make a claim therefor m provided in Article I I' If the acceptance occurs Thor such, rccommcrdation, an appropriate amount will be Nid. by CONTPAGI'OR to OWNER. OWNER Slat Coirect Defective 1Vork: 13.14. if CONTRACTOR Euls within a reasoratble time after written notice from ENGINSFR to correct defective, Work.or to remove and replace rejected Work as required by RNGMFER.in accordance' with pa agniph 13.11, or if CONI UM TOR fails to perform the Work in accordance with the Contract Docurents. or if CONTRACTOR fails to comply With any other provision of the Contract Documents.. OWNER may, after seven diva' written nuticelo CONTRACTOR,.currect and remedy any such deficiency. In oricrcising the rights and remedies under this paragraph OWNER shill proceed eVeditiously, in connection with such corrective and remedial action. OWNER may.erclude CONTRACTOR f win all or -part of the site. take posscssicm of all;or par. of the Work, and suspend CONTRACTOR's services related thereto, take pose on 'of CONTRACTOWs tools, appliances. corottuc;tion 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 Lire stored elsewhere. CONTRACTOR shall R116;w 01MM OWNER's rclrescriatives, agents. and, employees. OWNEWs other 6ormuctcrs and ENGINEER and UNGINEF3ts Consultants access to the site to enable OWNER to exercise the rights arnd remedies underthis paragraph, All claims, costs, losses and damages incurred or sustained by OWNER in ezerci"sing such rights and remedies will be charged against CONTRACTOR rice! a Change Order will be issued incorporating the necessary revisions in the. Contract Documeim with respect to the Worn:: and OWNER shall be emitted to an appropriate decrease in the Contract Price, and. if the parties are unable to agree'as to the amount thereof, OWNER may muke a olaim therefor as, provided in Article I I. such claims, cast-4 locees and C� damages wiH include but not be limited to all costs -of repair or replacement of work of others destroyed: or damaged' by correction' removal or replaeemerd of CONTRACTOR's•defeedw Wort. CONTRACTOR shall' not be allawed•an e;dencuon of the Contract Times (ci Milestones) because of any delay in rpwerrffbrmnnce of the Wtak attribuuible to the: e'cceise by; 0VVNER of O WNER's rights and remedies hereunder. ARTICLE 14=PAYMENTS TO CONTRACTOR AND comp ETION Setreeiule of Valuer. 14.1., The scheihile of values established as provided in paragraph 29 will'serve as the basis for progress payments and, will be, incorporated into a, form of Application' for Payment acceptable to ENOMER Progress payments On Recount of UnitFrieie Work will liebased on the number of units completed. .4plrliyrtirrp for Yrogrext,Payment-, 14:2. At least twenty days before the date established for each progress payment (but net more then than ,once a, morith). CONTRACTOR shall submit to ENGINEER for review an Apppplication far PfUl ent filled out and signed by CONTRACTOR covering the Wark completed as of the date of the Application and accompanied by such supporting documentation ms is required by the Contract Oocurncm It' paymcnt is requested on the basis. of materials and equipment not incorporated in the. Work but. dill cad and suitably stored at the site or at another location _agreed to idwntirtt, the Application for payment. shall also be accompani'ed'by a'bill of sale; invoice or ether tkatimentatitin warranting Ihat OWNER has received the materials and equipindmt free and clear of all Liens arid; evidence that the materials_ and equipnieot,are covered by appropriate properly insure= and other arrangements to; protect. 01 W R's interest therein, all of which will be satisfactory to OWNFIZ. The amount of retairrage with respect to progress payments will beas stipulated in the of sett. CONTRtCTOR's Warranty of Title: 143. COiNTR4CfOR.wamnisaml gttmttntees ihni tine to all Work materials and equipment, covered by ,any Application for Riynient, whether incorporated in the Projector not,. will pass to OWN ER no.laier than the'lime of payment frce'andl clear of all Liens.. Resiew of.4ppliea6ons for Progress Paymenr 14.4. ENGLNaR will, within ten days after, receipt of each Application fir Payment, either indicate in writing a FK1 'OfiNMkL*,C0NLXT10M 191018(1990 EdtiVi), W/ dry OF FORT OOLUM hloONfG1t16Ns (IFtEV ,12ano) recommendation of payment and present the Application to OWI`TER: or rehunthe Application to CONTRACTOR indicating inwritbig ENGIIiEER's reasons for. refusing to recommend payment, in the aner case;' CONTRACTOR may make the necessary corrections arced resubtait the Appliaition. fen days aRer' pprcrc-centation_ of the Appintwtion-for Payment to OWNER',with ENGINEER's; recommendation the: amount recommended will (subject ,to the proyisiont of the list sentence of paragraph:14:3), become, due and when due will be paid' by OWNER to CONTRACTOR 45. ENGINEER's recommendation of any payment requestel in an Application for Payment will cortWitute'a representation by ENGINEER to -OWNER.' based on' F.NGM FR's on -site observations of the, executed Work as an experienced and qualified desi tproCessionuland'on FNGINFER's revicw of•the Application for payment and the accompanying data and schedules, that, to the best of ENGINFFR's knewlalge, information and hclief: I4.5.L the tone has progressed to .the point indicated, 14 5_!_>: thequality. of the Work is .generally' in acccrdanoe with the Comm;t DOicuments (subject to; an.avaluation of.the Work as i,functionurg whole prior to or upon'SubstintW CAmtpletion; to the results Of'.any subsequent tests called for in the Contract Documctms, to,a final determination of quantities and classifications ' for Unit Prize • Wolf: "under paragraph 9,10, and town), othei,quilifneatitms stated' in the recbrnmendation)i and. 145.3: the conditions precedent to. CONTRACTORsbeing entitled to such payment appear 'td� have been fulfilled- .insofar as ` it is. ENGINEER's responsibility to observe die wctL- However, 'by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i).eshatziuve or continuous onsite inspections -have been made to.eheck the quality or the quantity of the Work beyond the responsibilmes specifically assigned to ENGINEER. in the Contract Documents or (u) shot there may not be other potters or issues between the parties that rhight._ entitle CONTRACTOR to be paid addidonally'by OWNER tr entitle OWNER to withhold payment to CONTRACTOR 14.6, ENGINEEWs• recommendation of any payment, including final payment,. shall nix mean that ENGINEER is responsible fig CONTRACTOR's means, meihoJs techniques. sequences or procedures of construction, or the safety preenulions.and programs incident thereto, or Ciir'any failure of CONTRACTOR to comply with Laws' anCur d Rc6ululidris applicable to the nistiing qr performance of Work;, or for arty 'fitilure of CONTRACTOR to perform or Ctimisfi 'Work, -in accordance with the Contract Documents. 14.7. F:NGMEER may refuse to recommend the whole or any part of arty payment if, in SNGINEERs opinion it tvould. be incorrect to make the representation; to '9 n U OWNER referred to. in paragraph:14,5. ENGINEER may also refuse to recommendanysuch payment_ ar,.bectuse of subseyuertay discovered evidencr, or the. result's of subsequent iitspections.or tests, nullify any such payment previously, recommended. -to such extent as may be nece�ca y in EMGINEF_l 's opinion to piotect OWNER: from loss because:. 14.7,L, the Work is dejeetnY, or completed Work has been damaged requiring correction of replacement. 14.7.2. the Contract Price has beery reduced by Written Amendment or Change Order, 14.73. OWNER has been regriirei to correct dlfacdrd Wart:--orcomplete' Work in'accordance with paragraph 13.13. or, 14.7.4. ENGINEER. has actual lanowledge of the oxcttrrcrcc- of 'any " of the events enumerated' in paragraphs 15.2.1 through 15 2A inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER. because 14.7.5, claims Cmve.becn• made against .OWNER an account of CONTRAcrOR's perfainiancar furnishing of the Work, 14.74- Liens have been •riled in;connection .witlythe . Work, except where CONTRACTOR has delivered a specific •Bond:sitisfactoryto OWNER to secure the satisfaction aril discharge of such Licrs: 14.7.7., there are other items entitling OWNER to a set- off against the amount reccrnndcnded: or 14.7:8. OWNER has actual knowledge of the occurrence of aniy or the events enumerated .in paragraphs 14.7.1 through 14,73,or, pamgraplts 15.2.1 through 15,^_A inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to FNGINEER) satingthe reasons for such actiim and promptly pay CONTRACTOR the amount so withdield. or any.adjustmera thereto_ agreed to by OWNER and CONTRACTOR: when CONTRACTOR corrects to OWNER's. satisfaction the reasons for such action .4ubsrandal Completion: 14.8. When COMMACTOR,consideis the entire Work reedy for its imendcd use CONTRACTOR shall notify OWNER and ENGINEER in %vriting that the'entae Work 'is substantially complete (except for items specifically listed by CONTRACTOR is incomplete) and request that ENGINEER issue a certificate of Substantial Completion: Within a reasonable. time thereafter, OWNER. CONTRACTOR and ENGD4'EER shall makean inspection of -the Work to determine the status of completion. If ENGINEFR does not consider the Wait substantially complete: ENGINEER will notify CONTRACTOR. th writing giving the reasons therefor. If ENGINEER ER'DCCE,FRAL COFILAt1OM 1Y 94 (199V Eytiar) 341' wf QTY ON FORT CULLIN5 MODIFICATIONs(Mv 4Yowo considers the Work substantially complete, [3NQINEUR will prepare and deliver to OWNER a tentative certificate of Substantial Completitirt which shall fir the date of Substantial, Completion, There shall be attached to the certilictde a, teiative list of items to be cumleted cc corrected before final aytnent, OWNER shall have seven days' after receipt of the tentative certificate' during which to make written objection to ENGINEER as to any provisions of the certificate or attached list, If: after considering such objectiuris ENGINEER concludes that the Work is not substantially eomplete,'EtiGMER will within fourteen days after submission of the 'tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. I( after consideration of OWNER's objections, ENIGINEER considers the Work substantially egmplete, F.MONNEER will within .said ,feurteen 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) rcticetirig such changes from the tentative certificate as ENGINEER believes Justified after consideration of anyobjections Cram OWNER. At the time of delivery. of the tenuative certificate of.Substanitial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written mcommcnchti m as to divisicin of r sponsibiliticw pending �fi_nal' pnyinera between' OWNER and C'ON'iRACTOR with respect to sectuity, oficratior4 safety, maintenance, hdat, ,utilities, insurance and warranties and guarantees: Unless OWNER and CONTRACTOR agree otherwise in wriiiTiE and so inform ENGINEER in writing prior to ENCITINME.R's issuing the definitive certificate of Sub'staniial Completion, ENGINE'ER's aforesaid' recommendation will. be binding on OWNER and CONTRACTOR until final payment 14.9• OWNER' shall Have the right _ to exclude CONTRACTOR. Crain the Work after the date of Substaniial Completion. but OWNER shall allow CONTRACTOR reasonable access to complete or correct items art the tentative list Partial Utilization: 14.10: Use by OWNER at OWNER's option of. -any' substantially completed part of the Work, which: (i) has specifically been identified in the Contract Documents, or (u) OWNER. 6No7INEEsR and CONTRACTOR agree constitutes a separately functioning and usable parr of the Work that can be used by OWNER' Cor its. irdended purpose without significant 'interference with CONTRACTOWs performance of the.remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: I4.14.I.OWNER at any time may request CONTRACTOR in µTiturg to,pennit OWNER to use any such part of tf b Wink which OWNERNfieves to be, ready for its intended use and substantially Winp etc, if CONTRACTOR agr&s thytsucli ppeert of the Woik is substantially complete, CONTRACTOR twill certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. PA CONTRACTOR.at.arty time may notify OWNER and iNGiNEEQR in writing that CONTRACTOR considers aZsuch pan of, the Work ready for its intended use asubstantially complete and request ENG WEER to issue a ciil ficalr of Substantial Completion for that part of the Work Within rrmnable time After either such reqyuueest, OWNER, CONTRACTOR and L IGEIEER shall make an irsspection of that, part of the Work to determ nc,its status of completion If UNGINEER dtesnot considcr.that part of Work tti 01VNER and CONTRACTOR in writing giving the reasons therefor- If 6INGINERM considers that part of the'Work to -be substantially complete, the provisions of pamgraphs.l'4 R arid 149 will.npply with respea to aritfication' of:$tthstintial'Completion of that pan of the Work and the division of responsibility in respect thereof and access dwreta. 14-10.1 No occupancy or sepamtc operation of part of the Work will beaccomplished prior to compliance with the requirements' paragraph 5.15 in rvipmt of property insurance.- Fintil hupecSon: 14.11. Upon written notice from C:ONf [ AcrOR that the isitirc Work or an agiaed portion thereof is complete,. ENOD LIt will make a final `' ction with OWNER and GONTRACfOR arts! will nofi CONTRACTOR in writing of all Particulars in which this inspection reveals that the Work is incomplete sir defective: CONTRACTOR. snQ-immediately take such measures as are nnecessary.to complete suci.work or remedy:such deficiencies Final ripplication for Paynimt•. 14.12. After CONTRACTOR has completed all. such corrections to than satisfaction of ENGINEER and delivered in ;accordance with the Contract Documents all maintenance and opcmiting instructions schedules, guarantees, Bends,. certificates or other evidence of insurance required b-v paragraph5.4, certificates of inspection, markcd�up reecid documents.(as.prov,ided in pamgmph6.19) and other documehM CONTRACTOR may male applicatidn for final: payment following. the procedure for progress payments The trash Application for [>aYmtm .shall be accompanied (except. as, previously delivered) by: (i} all documentation called for in the Contract Documents: mciudinig but not' limited to tuna evidence of insiuerwe requuerf, by subparagraph 5.4.13,. ((u)corsent of the .stuety.-ifany:.tofuml paymem.,anii (ii) complete and legally, effedrve releases -or waivers (satisfactory, to OWNER) of all Liens arising out of or filed in connection with, the'Work: In lieu or such releases or waivers of Liens and .as approved. by,, OWNER, cowRICTOR may Furnish, receipts or releases in full, and affidavit -of CONTRACTOR that: (i) the releases and receipts include all labcr..serv'ices, material and equipment for which'a Lien could" lie fled, 'aril' (it) all payrolls, ruderial and e9bipmem bills, and other indebtediiessr connoacd with the Wort-. for which OWNER or OWNER'S Property might in any way be reipiinsibte have been paid or otherwisesatisfied' if any, Sulacontiactor'ortiupplierfails, FJCOCetENatAL,CONDIT101*19te8 (1990 EMica). x'1 QTY OFF0R FCOLUNS MOO[FICATION9 (XHV •12000) to furnish such a release or receipt in full, CONTRACTOR may lianisfi a [fond or other onflateral setisfac:•tory.to OWER to indemnify OWNER against any Lien Releases or waivers of liens and the' c assent of the surety to Finalize Payment:are tLi'be sulauitted on forms confoniiina to the format of the O WNFR'S standard forms bound in the Proieet manual: final Patmrent anddA,eceptance. 14,13, -If, on the basis of ENGINEER's otueNation of the Woikdtiri uiAiiruciion:andfrnsfdiispeetion..and ENOINEER's reviewi.of the firm] Application for Payment ,and accompanying documentation as required,', by the Contract Uocttments. ENGINEER. is satisfied that the Work: has been completed and CONfRACTOR's other obligations under the Contract Documents have 'been .fulfilled, ENGINEER'tiill, within ten days.afer receipt of the finial application for Payment, ini3ucate. in wntgng ENGINEER's recommendation of payment and present die Application to.OWNER for payment. At the same time.FNG1NRFR'will also give written notice to OWNER andtCOMMAcrOR that the Work:is'acc [itahle strliject to the provisions' of paiagaph 14,15. Utherivise ENGINEER will return. the Appliestion to. CONTRACTOR indicating in writing -the reasons for refusing to- recommend'ftnal� payment, in which. sass CONTRACTOR shall mnke the necessary correcdons and resuilmit the Appliaiti6m 'Thirty days afer,presemationi to OWNER_ of the Application and accompanying documenainn; •in ;appropriate' form and substance. and with ENGINEER's reaimineridation and notice of acceptability, the amount recomm, by' ENGR will become due and will he' paid by OWNER to CONTRACTOR suhi ct .ta.. paraamph 17.6.1. of these teriraL(;qi.S;IAialit 14.14. •IC :through no •fault of CONTRACTOR. final completion of the Work is significantly ilatayed and if, ENGINEER so confirms, OWNER shall upon receipt of CONTRACTOR'S final Application ,fix Payment and recommendation of ENGINEER, acid without termutatmg the Agreemett, make payment of the balance due for that portion of the Work fully completed and.accupted, if the remauung:balance to beheld by OWNER for Work not fully completed or coirected isless than theretainage stipulated ur'the AgrecinchC and if, Bonds Iui -been furnished as required in paragraph 3.1,'tfx written consent of the surety to Ilse payment of the balance due: for that portion ufthe Work fully completed and accepted shell be submiucd by CONTI2ACfOR to CNGD= with the application tor such payment Such, payment shall be made under the terms and conditions governing final payment, eWzpt that it shall not constitute a waiver of Maims. f4,inivri &fi cMims: 14.15. 'The inakiingiuicl acieptance of.6ranl payntent.will ccroslitute: 14,15.1,a waiver of all'. claims by OWNER against CONTRACTOR except claims arising from. unsettled. Liens, from &fecrh,,e Work appearing after '31 0 final inspection pursuant to paragraph L4.11, .From failure to comply with the Contract Cxxum6ts or the terms of arty special guarantees specified therein or from CONTRACTORS continuing obligations under the Contract Docim ent& and 14.15:2.A waiver of all claims bv- CONTRACTOR against OWNER' other than thou previously made in writing and still unsettled. ARTICLE 15SUSPENSION OF WORK AND TERN NATIOY 01MVER May SLspihd Munk. 15.1. Al any time and without cause,. OWNER may suspend the Work or any portion thereof for a period of not more •thinninety days by notice in writing to CwnzACTOR and ENGINEER which will fir. die date on which Work will be resumed. CONTRACTORshall. resume the Work on the datesofixed ("ONTRACTOR shall hcallowed an adlos4tnrnt in the Cnntmct Ihicc-or an * tension of the, Contact Times, or t r.A directly attributable to arty such suspension if C;ONTRAcrop makes an approved claim therefor as prnvided. in Articles it and 12. OWNER ,clay Terminate: 15:2: Upon the occurrence of any one or more of die following events; 15f2;i, if CONTRACTOR persistently thils to perform the Woik in accordance with the -Contract Documents (including. but not limited td failure. to supply sufficient skilled workers. or suitable materials or equipment or failure to. adhere to the. progress ichcdulc csyiblished imcler' puragmph 2.9. as. adjusted from time to • time pursuant to paragraph 6.6), 15.22. if CONTRACTOR disregards; Laws. or Regulations of any public bock having jurisdiction; 15.23., if CONTRACTOR. disregards die authority of ENGINEER, or 15.2'A, if CONTRACTOR otherwise violates in any substantial `way any provisions of the Cinritract Ducuments: OWNER may, after gwing CONTRACTOR (and the surety, if any) seven days' written notice and to the estent permitted by Laws and Reaulatitms, terminate the services of CONTRACTOR, eceiudaCONTRAC rOR Goti the site and take possession of the Work and of all' CONTRACTOR'S tvuls applisniem construction equipment and machinery at the site and use the same to the full cdcm they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass orconversion). incorporate in the, Work all materials and equipment stored at the site or forwhich 'OWNER has paid 6XI)CUMRAt COWCROM I A04 (199a Editim) 32, w/aTY OF FORT COLUMMODD CATiONS(REV42000) CONTRACTOR but Lwhich are stored elsewhere, and finish the Work as OWNER may deem expedient. In, such case CONTRACTOR shall not be entitled to receive any furdwr payment until"kieMork is finished If the unpaid balanceofthe Contract. Rice esceeols all claims. costs. Ids and damages s» stained by OWNER arising out of orresulting, from completing the Work such excesswill be paid to CONTRACTOR: If such claims costs, lasses and damages, exceed such unpaid balance, CONTRACTOR shall pay the,diQerena to OWNER. Such claims, casts, losses and damages. incurred by OWNER: will be reviewed by ENGINEER as to•their reusoradileness ani! when sc. approved by ENGINEER incorporated in. a,ChArige Order, provided trial when exercising any rights oc remedies under this. paragraph OWNER shall not be required to obtain the lowcst.price for the Wort; peifomted, 15.3. Where CONTRACf(1R's services have been so terminated by OWNER, theiermiaaiion will not'aflect any rights" or remedies of OWNER against CONTRACTOR then existing or which may .thereafter accrue Any retention rx ;payment of moneys due CONTRACTOR' by OWNER; will not. release CONTRACTOR from liability; 15,4; Upon seven- days', written .notice, to COMI'RACI.OR Arid ENGINEER, OWNER, may, without cause and without,pnjud cc, to any other right or remedyof OW, TL•R: elect to terminate the Agreement. Iii such case, (:ONTR'ACTOR. shalli be paid (writhout 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 termination, including fair and reasonable sumsfor iwerhiad and profit on :such Work, 15.4.2: for esperises sustained prior to the effective date of termination in performing services and turrashing laboi. materials or eiryiptnent as regti_ired, by the Contract Documents in .cbnnection with uncompleted Work, plus fair and reasonable sums for overhead and profat on such expenses',. 15,4:3., for all claims, costs;. losses and damages incurred in settlement of'termtratid conhacts'.with Subcontractors, Suppliers and othem,and ISAA, for reasonable expenses directly attributable to term inatiom CONTRACTOR shall not be paid on account of loss of anticipated proffs. or revenui of other economic hiss arising out of or resulting from such termnution. CONT2ACTOR May Stop Work,or Terminate: 15.5. IC through no act or fault of CONTRm TOR, the Work is suspended for a-perrod of.more than ninety flays by OWNER or umder an order of court or other public, authority, or. ENGINEER failstoad on any Application for Payment within thirty Clays after it is submitted or, OWNER fails for thirty days;to mn , (ANTRACTORany I 1 1 1 I 1 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00520 Page 3 for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the 1 i 1 1 1 1 1 i 1 1 1 1 1 1 1 1 sum finally determined to be due, then'CO1vTRACfOR may upon seven days' written notice- to OTNER and ENGINEER, and provided OWNER orENG .UaR do not remedy such suspension o.r Tadure within that time, terminate .the Agreement and recover ftom OWNER payment on the same&rms'as provided in �amgmph 15A In lieu of terminating the Agreement and without prejudice to any other right or remedy- if &MOVIE R has faded to act on an Application for Payment within thirty days after it rs submitted, or OWNER hasfailed for thirty days: to ppaay CONTRACTOR any sum finally" determined to be rAie,. CONTRACTOR. may-tipon seven days' written notice to- OWNEP and ENGINEER'stop the Work until payment of thereon. The provisions of this paragraph 155 are not intended to preclude CONTRACTOR firm making claim trailer Articles I I and 12 for an incase in Contract Prioe or Contract Times ok 'otherwise for. expenses or damage directly attributable to CONTRACTORN stopping Work as ARTICLE i6-DISPUTE RFSOLITftOrIN tf,and.to the. ccterit:ftt C)1MR and rON7'RACTOR. have agreed. on the mtthod and procedure for resolving disputes between them. that may arise .tinder this Agreement, such dispute resolution mcthod,and procedure, if aitryry shall.'he asset forth in kadiihitGC•A,. "Dispute Resolution Agreement'; to be attichad hereto and: made a part hereof. it no such agreement on the method and procedure for resolving such disputcs,f as been reached, and subject to the prgvrsmrts of pamgmphs 9.10. 9.11 and 9,12, OWNL•R' and CONTRACTOR may acercise such rigtas oi.remedics as eith& may otherwise have under the Contract Documents or by Laws or Regulations in iespia ofanydispae, - ARTICLE I7-MISCELLANEOUS Giving Notice: 17.1_ Whenever any provision of the Contract Doi urn6its requires the givrrig of writteri notice,. it will be deerrQ'to have been validly given if delivered in person to thOndividual or toemtmtw of the Fiat, or to an o0icer of thecorptuation for whom it is intenderL or if delivered at or sen-byregistered orcertiliedmail, postage prepaid,' to the, lest business adrlrss Imown to the giver of the notice, 17Z Computation ofTiins: 17.2.1. When any period=oftime is referred to in the Contract Documents by days, it will be computed to &Zctude'dw first and include the lail day of such period If the lust dayof an..,itch period -felts on a. Saturday or Sunday or on a day made a legal holiday by the law of the appticuble jurisdiction• such day will be amitred from the computation. PR'DCUENFRr1L,CONDITIO"a 191t)40990 Edtivil wl UTY OF FORT COLLiM AicDimr-Ai1om (Rrv.lrloao) • L711" A ealentlar day of twenty-four hours measured from,midniaht to the next midnight will constitute a day. Nonce of(Tquir: 17.3., ,ShdttldOWNERorcONTR.ACTbR zifferir4ury or damage 16,person or. property because of any error, omission or•uct of the oilier party or of any of the outer party'; employees or agents or others for whose acts the. other party is legally liable: claim will be made'in svrrting to the other party withina reasonable time of die tirst observance of'such injury or damage, The provisions of thin paragnrph 17.3 shall not be construed as a -substitute for or a waiver of the provisions of any apQlinble statute of limitations or repose.Ctunulafive Remedies 17A Thu duties .and .obligations imposed ey i General Conditirais and the rights and ranedies avail haeunder to the parties hereto an i in pvler anit without limitation, the warranties, guarantees to'OWNER and ENGMER thereunder, ore in addition to, acid arepot to he coruUiad in any -way. as a limitation of,�any righis'tmd remedies availableaci any or all' of them lvhiclt are otherwise imposed or available' by Laws or Regulations -by spZcial warranty or, guarardmor-by other provisions of the Contract Documents; and the ttrovi'sions of this paragraph will' tie as ct%cti've as iC repeated specifically in tho Contact Documents in•connection with rack particular duty, obligation; right and remedy to which they apply: fmfegtiuna! Fees and Court Cm v larhrf d 17,5: 'Whenever refeience is made to "claims; costs, losses irttd damages*, it shall include inc'tch case, but not tie lanitecl to. all feet and charges of engirtms, orchitectt attorneys ani other professionals and all court or arbitritionor other dispute resolution costs. 17.6. The laws ofthe Staw ojKgjMdq appjt,� Aggeement. Reference to two pertinent Colorado smtutes are as follows: 162'if a Ouini-is fiilcd'O\VAIER s milyd by law M38-26-107).to tvithlmld from sll.aavments to CONTRACTOR - sufficient funds -to insure the payTrient oF'all claims for labor. materials, team hire, susterrarice. orovisiorts, provender. or othersupplies used or consumed by i.'ONTPACTOR or, his 33 [; DCOENERALCONUMNSu)o-S(r4vgsaewi 34 WfCVfY OU rORT COLLIM MODLPICAT]ONS1RL'VAa000) 1 0 0 I I I I I I (1 . h6 p#c 1A blark6it.entibnally) I I I I I (iW) Ecition) 35 WlaTY , OF FOR FCOLLINB NiODMCAMNS (IkEV-10000) I I I 16 ExDCoENM-XLCa;"- om 010-8 om Ediliml. WICITY Olt FORT COW m-mopmC.9TIOm (RL•l' A tow) LJ EXHIBIT GC -A to,General Conditions of the Construction Contract 'Between OWNER anal CONTRACTOR DISPUTE RESOLUTION AGREEMENT' OWNER and CONTRACTOR hereby agree that Article 16 of the Gencral.Conditions of the'Conisauction C64ficr heiween OWNER and c'oNTRACTOR' rs amended to include the followug agrceffie tt of the parties 16.1. All claims, disputes and other maners..in question between oWNER avid CONTRACTOR arsirN out of or relating to the Contract Documents or the breach thacof (except for claims which have been waived by die. miskrrg or acceptance af,fimil piyment is provided by paragraph 14.15) will be decided by arbitration in accordance With thi Construction :Industiy Arbitration Rules of the American Arbitration AcsoetaUon then ob,t3h subject to the [pitatiohs of the Article- 16. This agreement %a to-.aibitr c aril any other 4grcentent or onrseht to arbitrate entered into in accadance4krewith as proiided in.this.Article:i6 will be,sl iftcally enfor*ble under the prevailing law of any court having jurisdiction '16.2. Na dcmand for arbitration of any claim; dspute or other matter that is required, to be referred .to GNGINIMR initially for decision in, accordance with rnmgmph 9:11 will he made until the earlier of (a) the: date an which ENGINEER has rerdered a written decision or (b) the thirty -First day after the parties have prestmed'their evidence to ENGCNEER if a written decision has not been rerdered by ENG[NM, b&re that date. No demand for arbitration ol'anysuch old*, dispute or other matter will, be made later than thirty days alto the date on which ENGINEER has rendered a written decision in respect there'oF in accordance with paragraph 9.11; Arid the failure to demand arbitration Within: said thirty days'. period will1 result in ENGINEERS decision• tieing final, and binding upon_ OWNER and CONTRACTOR. If ENGINEER renders a decision after. arbitration prucoe inw have beeti initiated, -such decision may be, entered is evidence bur will, not supersede the arbitration piocodirig% except whety the decision is acceptable to the patties concerted, No demand heir arbitration. of any written decision 6f ' ENGINEER ncrdered in accordance with paragraph 9.10 will be tirade later than -ten days after the party making such demand has. dcli'verod' written notice of intention to appeal as provided m para�aph 9:10. 16.3. Notice of the demand tor mhitratiim will lie Ided in writing with the other party to the Agreement and with the American Arbitration Association, and a cupy,,dl be seat to ENGINEER for information The demand for arbitration will be made withinthey thirty -,'day or ten -clay period speciticd in paragraph 16.2 as applicable, amd'in.all ather cases within a reasonable time aftcrthe claim, dispute or other matter in question has arisen,:and' in no event shall' any such demand be made afler.the date when institution 6f legel'or equitable proceedings based on such claim; disimte or, other matter to question Would be barred by the applicable statute of lira ntatiMIS. E1CDC CENTRAL CONDIIIONS 191 M (i 990 Edtim) cw C(TY OF FORT COLLI NS MODIFICATIONS:IRF.V 9199) 16,4, Except as provided in ptrcagraph 16.5 below.no arbitration arising out of or relating to the Contritct Documents shall inaude by consolidation, joirYta or in any, other manner any other person dr entity (including ENGD4EFR; IENGINEER's Corsultam and the oQtcus4. directors, agents, employees or corisultants.of any of th' m) who is not a party to this contract unless: 16,4'.1, the inclusion of such other,inson or entity is necessary if complete rehef is to be afforded among. those who.are _already parties tp the arbitmtibri and 16.42..such other .person or entity is substantially. involved in a question of lay( or fact which is common to those who are already parties to the arhitratian and which will arise in such proceedinas,:and 16.4.3. the written &aysent of the other person. or entity sought .to be included and of OWNER and CON'I'RAC:rOR has been obtained for such inclusion;. which consent shall make specific reference to this pa ph but no such consent shall constitute;consent to arltitmhon of any dispute not specificallydescribed in such consent onto arbitration with any party Clot specifically identified in such consent. 16.5: Notwttlistandirg paragraph 16.4..if a clairn dispute or oilier matter in question between OWWF.R and CONTRACTOR involves the Work of a •SuWontractor, either OWNER or (091'RAC:rOR . may join ouch Subcontractor as a party to the arbitration between'OWNER mid CONTRACTOR hereunder. CONTRACTOR, shall'. include in all. subcontracts required by paragraph 6.11 a. bed in an arbitration between OWNER and CTOR involving the Work of such ctor. Nothiri@ in this paragraph. 16.5 nor inthe of such subcontract consenting to joinder shall' r clarrti; right or cause of .action in favor of :tor' and against OWNER, ENGINEER or' ;R's Co`rsiiltants that does nototherwise exist, 1616. "The nward'rendered by,the arbitrators will be final, judgmem maylie-critered upon It in any court having- jurisdiction thereof: and' it will not be subject to modification br splwL 163. OWNER and,CONTRACI'OR agree that they shall first submit .any and all unsettled claims oountemluims. `disputes and other matters .'in Tx%ion between them ruisug-, outof or relating to the Contract Documents or the breach thereof ("disputes,), to mediation by the American Arbitration Assocwticin under the Corswction.Industry-Mediation Rules of the American Arbitration Associatibn prim to either of them initiating against the other a demand. for arbitration pursuant to paragraphs 16.1through 16.6. unless delay in mttiati g- arbitration would irrevocably prejudice one of the parties The respective thirty and ten day time limits within which to fife a demand for arbitration as provided in paragraphs 16.3 and 16.3 above .shall be cusp tided with respect to a. dispute submittedto mediatrwt [Within. those -same applicable 'time limits and shall remain susperded until ten days after the termination of the mediation. The mediator of anydispute submitted to mediation under this Agreement 4mll'not serve as arbitrator-of'sueh dispute unlessotherwise agreed GC,A1 • • 1 1 1 1 k 1 1 1 1 1 1 I I I I I EiCDC OE'.`.'ERUL CO2.'DIIIOKS 191 M (1990 H.91im1 fiLAl wi r ITy QF FORT CQLI.Ih3 \fQDT ICA-ITQVS'(RFV 9194) 1 1 I SECTION 00800 SUPPLEMENTARY CONDITIONS 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. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule zero 0 days lost due to abnormal weather conditions. SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment I SECTION 00950 CHANGE ORDER NO. ' PROJECT TITLE: Asphalt Slurry Seal Project — 2011 Renewal CONTRACTOR: A-1 Chipseal Company , PROJECT NUMBER: 6054 DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost: , 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing DATE: DATE: DATE: DATE: I provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. ' 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate ' location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by ' CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. ' of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, ' examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. ' 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ' ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between ' OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other ' items as are referenced in this Article 7, all of which are incorporated herein by this reference. t 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the ' following: 7.2.1 Certificate of Substantial Completion ' 7.2.2 Certificate of Final Acceptance 7.2.3 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: O co O O O C O U () U) 0 0 0 ,ItO O O LL 0 0 0 p W Q a ui C7 CD a22m m 2 C =)z?WD z O w o z m O U x W m OLLI U( a 0 c a w U -j Q o a aCL L 3 c 0 U N C U m N � o w w c rn L O C fa L_ rn O U ; O w r 3 c U c Q L p m m c m p a)) O c O m 'o g m Q c U o U Z E c°i v a ei c U o ca CD O a) o2 - d ° p .L.. 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Q 0 O U W of O (D ° N of o v �.N F E E E wO (U F a) Q Q Q K W W m Z w p v > v > m > Z Z Z .c c U d o o m p m Z Q U Z a a 0 m O w U 0)m Q a U L � N CO p m N (D O C O C O C W ap U Hc o ° O n m a) a, a) E E E z z cwi F o am o a o a o 0 z I U N LLO a co N W U0000000000000000000000 6c 000000000000 d a W o vE �b040fA b09 vE v) ug 6.:i V OtA ulel b09 �0-- vy6q OUi 0ER vk6.1 ff 6FA 03, ul OMul Off- Off- OM- �� N 0 N C .N O � a �00000000o0000o0o000o000o000000000 0000000000000o000oo0o0o00000000o00 Y +� E O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0_ Q 6.) EA 69 (A vi EA EA 6ri 69 vi vi tl) 61) V9 69 6A EA EA b9 U3 ff) V! VA 69 W- EA vi !A to 6H vi 6fi vi >O > E U o m � p a aN �00000000000o0o000o00oo00000000000 oCDo0000o0000000o000000000000000000 O U.Y N p p Qt»vi6Hr»6»KifAviv)<»6fiei6ne»f»tAfliffi fA 6a vi EA Vi c), fA to),fA El.0.69 fA di 69 F- O O n'-> c 0 wl a U d UQ a Zia IL c00000000000000oCD00000o00000000000 Q-o 000000000o0o00o000o000000000000o00 d Y £0000000000o6000000000000000000000 fA fA 41 fA fA fi fA fA E9 A fA A A A EA fA E9 fA EA fiE6ffTE69EE69 d AvA A ARAA Q O d 0 N C UL T O �0000000a00000o00000000000000000000 0000Ooo00o00000000000000000000o0000 <0000000000000000000000000000000000 Q Vi Vi 69 EA f/-1 Eti EA b9 fp E9 6'3, 69 l{) fA d4 64 EA Vf fA f!> Vi fff Vi Vi 61), Vi Vi Vi 69 Vi V3 69 Vi EA tea` N N C F � Z � T O - Q 7 � a U � J Z o. Q H OU O O a� a m Z I 0 0 U N lL O d m W (D � m000000000000000000000000000000000000 Q c0--o00000000000000000000o0000000000000 a 0 C;cio00000000000000000000000000000000 HW V»viv>6»vk6»E»69EAv>6AF»»v%r»v)crkf»vkv>v�en»»6»f»FnesrE»v)6%6%6�En» m O N a U) N O d L N ma c000000000000000000000000o0oo0000000 0000o00oo00000000oo00oo0000000000oo0 CDE00000000000000000000000000000000000 Y N vi 69 vi vi ffi vi 69 v> of of vi b9 69 vi of 6% vi vi of v) vs efi vT efi v� of ell efi efi vi vi ellb% v> 69 ZO a Q W E O . a ~� O O c0000o000000000oo0o0000o000000000000 LL �N o 0000000000000000000 o 000000 o 0000 o o 00 ZY �� E000000000000000000000o0000o00000000 O o n> 0 Q`Av�6�6»vsenenen6n6»6»6»6»6n6»6nv�v�6»v�v�v�v�6%6%6%v31v►v►v►v>6nv�v%v% U U a a i m° �00000000000000000000000000000000 0. ............................... n Eooe000060600e0600f00»0»0»0»0n00000i6000000000 E Q » » 0 U L 0 L 0 3: F- 2 C7 l0000000000000000000000000000Q00000000000000000000000000000000000 000f 0fAE0A0o0f v0i v0if060» b00000000000000000000000 A A A Vr� VIP 1 64 6n = Q c O W 6n J d p ZO Q= H W o U U U Z N J W � c 2 N H O U O a E m � 0 LL c 0-0 O O 'T c — O O O O O O O O O O O O O O O O O O O O O O O O O O O 00 O O O O O M .N a3 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O p W= L v 0 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 0 0 0 0 0 6 0 0 0 6 0 0 0 0 0 6 6-1 Qc ~ — to ER by Ef! Efi 6-169 Ef) VA 69 fH Vf H9 UFl EA b9 ER b9 6q fA Ui 643,611 6-i fA bli EH fA fA (A EH 61i fH ao cl 0 O 0 0 N N -0 Wy _ 0 O L c c CU v > U) 0 O U L,� O a) ~a U c J O N O Q m 0 m O w}=>.2 F Q c fA 2 < o� wu) w� 0 F U) c 0 cl .c U CA () U) O J 0 E 7 cZ O a) aa) E Z ' 2010 ASPHALT SLURRY SEAL PROJECT GENERAL REQUIREMENTS INDEX r SECTION PAGE NUMBERS 01010 Summary of Work General Requirements 1-2 01040 Coordination General Requirements 3-4 01310 Construction Schedules General Requirements 5-6 ' 01330 Survey Data General Requirements 7 01340 Shop Drawings General Requirements 8-10 01410 Testing General Requirements 11-12 01510 Temporary Utilities General Requirements 13 ' 01560 Temporary Controls General Requirements 14-15 01700 Contract Closeout General Requirements 16 01800 Method of Measurement and Basis of Payment General Requirements 17 ' 1 Ij 1-1 I I Ui 0 SECTION 01010 SUMMARY OF WORK 1.1 DESCRIPTION OF WORK A. This work shall consist of the placement of Type 11 asphalt slurry seal on residential streets and parking lots as shown in Section 3500, Project Maps. B. Protection and Restoration. 1. Replace to equal or better conditions all items removed and replaced or damaged during construction. Restore all areas disturbed to match surrounding surface conditions. Also see tree protection standards. C. Construction Hours 1. Construction hours, except for emergencies, shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, unless otherwise authorized in writing by the City Representative. 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 City Representative, shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover the Owner's costs in providing field Project Manager and/or inspection services because of such work. The cost for field engineering and inspection shall be $50.00 per hour. 1.2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES A. Notify private owners of adjacent property, utilities, irrigation canal, and affected governmental agencies when prosecution of the Work may affect them. B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to temporarily deny access or services. C. Contact utilities at least 48 hours prior excavating near underground utilities. D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of work schedule and any items which would affect their daily operation. E. Darren Moritz and/or Kathleen Maddux will be the Project Manager/Project Engineer for the City of Fort Collins. Darren Moritz 970-221-6218 Mobile 970-556-1495 Kathleen Maddux 970-221-6615 Mobile 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 I of 17 SECTION 01010 SUMMARY OF WORK UTILITIES Water: City of Fort Collins, Colorado 221-6700, Meter Shop 221-6759 ' Storm Sewer: City of Fort Collins, Colorado 221-6700 Sanitary Sewer: City of Fort Collins, Colorado ' 221-6700 Electrical: City of Fort Collins, Colorado 221-6700 Gas: Public Service Company of Colorado 482-5922,221-8553 ' Telephone: U.S. West Communications 484-0300,226-6310 Traffic Operations: City of Ft. Collins, Colorado 221-6608 ' Cable Television: Comcast 493-7400 ' *Utility Locates Under One -call System 1-800-922-1987 ' AGENCIES Safety: Larimer County Sheriffs Department: Occupational Safety and Health Administration Non -Emergency: 221-7177 (OSHA): 844-3061 Fire: Ambulance: Poudre Fire Authority Poudre Valley Hospital ' Non -Emergency: 221-6581 Non -Emergency: 484-1227 Emergency: 911 Emergency: 911 ' Police: City of Fort Collins Police Department Non -Emergency: 221-6550 Emergency: 911 Postmaster: US Postal Service: 225-4111 Transportation: Transfort: 221-6620 Traffic Project Managering: 221-6608 END OF SECTION LI General Requirements - Page 2 of 17 11 SECTION 01040 COORDINATION 1.1 GENERAL CONTRACTOR RESPONSIBILITIES A. Coordinate operations under contract in a manner which will facilitate progress of the Work. The Contractor shall also coordinate with the Landscape Contractor whose Work is separate from the General Contractor's contract. B. Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner of performance of operations which affect the service of such utilities, agencies, or public safety. C. Coordinate operations under contract with utility work to allow for efficient completion of the Work. D. Coordinate all operations with the adjoining property owners, business owners, and surrounding neighborhoods to provide satisfactory access at all times and keep them informed at all times. 1.2 CONFERENCES A. A Preconstruction Conference will be held prior to the start of construction. 1. Contractor shall participate in the conference accompanied by all major Subcontractors, including the Traffic Control Supervisor assigned to the project. 2. Contractor shall designate/introduce Superintendent, and major Subcontractor supervisors assigned to project. 3. The Project Manager 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 Project Manager shall introduce the project Representatives. B. Additional project coordination conferences will be held prior to start of construction for coordination of the Work, refining project schedules, and utility coordination. C. Project Manager 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 Project Manager. 1.3 PROGRESS MEETINGS A. Contractor and Project Manager shall schedule and hold regular progress meetings at least weekly and at other times as requested by the Project Manager or required by the progress of the Work. B. Attendance shall include: 1. Contractor and Superintendent. 2. Owner's Representatives. 3. Project Manager and Resident Project Representative. 4. Traffic Control Supervisor 5. Others as may be requested by Contractor, Project Manager or Owner. General Requirements - Page 3 of 17 1 SECTION 01040 COORDINATION C. Minimum agenda shall include: 1. Review of work progress since last meeting. 2. Identification and discussion of problems affecting progress. 3. Review of any pending change orders. 4. Revision of Construction Schedule as appropriate. D. The Project Manager and Contractor shall agree to weekly quantities at the progress meetings. The weekly quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall be final and shall be the basis for the monthly progress estimates. This process ensures accurate monthly project pay estimates. END OF SECTION General Requirements - Page 4 of 17 SECTION 01310 CONSTRUCTION SCHEDULES 1.1 GENERAL A. The contractor shall prepare a detailed schedule of all construction operations and procurement after review of tentative schedule by parties attending the pre -construction conference. This schedule will show how the contractor intends to meet the milestones set forth. 1. No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of delivery of equipment and materials. 1.2 FORMAT AND SUBMISSIONS A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual progress. B. Submit two copies of each schedule to Owner for review. 1. Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others. C. The schedule must show how the street, landscaping and various utility work will be coordinated. 1.3 CONTENT A. Construction Progress Schedule. 1. Show the complete work sequence of construction by activity and location. 2. Show changes to traffic control. 3. Show project milestones B. Report of delivery of equipment and materials. 1. Show delivery status of critical and major items of equipment and materials. 2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for equipment and materials, reference Section 01340. 1.4 PROGRESS REVISIONS A. Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when requested by Owner, and with each application for progress payment. B. Show changes occurring since previous submission. 1. Actual progress of each item to date. 2. Revised projections of progress and completion. C. Provide a narrative report as needed to define: 1. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of others. General Requirements - Page 5 of 17