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HomeMy WebLinkAbout389648 A-1 CHIPSEAL CO - CONTRACT - BID - 7256 HOT APPLIED CHIPSEAL OVERLAYCity of Fort Collins 7 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 HOT APPLIED CHIPSEAL OVERLAY 2011 BID NO. 7256 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS 3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. .3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. by the reAilting change.all of, which will be tronsilered' by FNGDTEER' in evaluating the proposal sulistiwIN te, ENGEER' may require COMPACTOR' -to furnish additional' data about. the prbpcsed,substiiute. 6.7.I t3. COMRAC TOR'i LCpensu: All data to be provided by CONTRACTOR in support of any proposed 'or -equal" or substitute item will lie at CONTRAUfOR's cuwtu: 1. 63.2. Subirirule CwntucNon hferhods or Procedures.: If a specific means, method. ,technique. s- . nce or proccdtuc of ccnstrucdLmr is shown or indicated in:nnd expressly required' by the Contract DocumMA, CONTRACTOR may fiuniish or utiliir a -subsstitute- means: method. tec inique. sequence or procedure of construction acceptable to,ENGINFFR. CONTRACTOR- shall submit sufficient infiamation to allow FGINBER. in FNGiNEF:R's sold discretion .to tktermMe 'that the subslrtule proposed is equivalent to that. expressly called for by the Contract Documents. The, .procedure fir review by 'ENGINEER. will be similar to that pruvided:in.sub parngmph'6.711,2. 6,7;3_ Engine✓.t Eialuatign.- �FNORJEER will.,);: allayed a. reasonable time within which to evaluate each proposal or submittal_ made, pursuant to paragraphs 6r7.1.2 aM 6.7:2. INGPt 1EER will bee the. sole judge of acccptabili[y. - No. "or•cqual"' or substitute will he ordered, installed'or utilized without ENGiNFER's prior written acceptanee,which will he evidenced by tither a Change; Order or an approved Shop lDrawing.. O"HR may require CONTRACTOR to. fumish' at CONTRACTOR'S expense a special performance. guarantee or other surety with respect to any "or -equal" -or substitute. ENGINEER will beard tirnc required by ENGINEER .and GNGINEER'i �C'onsultanls .in evaluating 'substitutes proposed or submitted by CONTRACTOR pursuiirtt to ptmgraphs 6,7, l 2 and 6,7;2 and in making changes in .the Coraract Documents(a in the provisions. of any other direct contract with OWNER. for 'work on the project), occasioned thereby. Whether or not ENGINEER acceptc_a stibstit6te'item so proposed'a submiued by CONTRACTOR CONTIL_•\CTOR .shall reimburse OWNER• for the charges of 13MINGER and ENGME- it's Consultants Car, tyaluatina tack such proposed substitute'itein: 6_8. Canceming Subcuntructurs; SSnppfiery and Others: 6.8.1. CONTRACTOR shall not. employ" aqv SubZ%mtractor,-Supplier or other person or organization (including., those acceptable to OWNER and LNOINEER as, indicated in para; oph 6:8 _), whether initially or as a substitute, agairfst whom OWNER or IN ENGEER. may have reasmdile objection.• CONTRACTOR shall not be required to employ any Suhcamractor; Supplier or other person or organization to� fu"mish or perform any of the Work agates whom CONCRA(TOR has reasonable objection. 'UCDCOh'N0M CONDrnoki,t9 itFs 07at ackni w1 Q'ry OFroit r COLLINS MODII'ICATION9 (REV .120W) 6.9. CONTR-ACTOR skill perform -not less than 20 rercemof the Work .with its own forces (that is. without wbcpntiaclin the 2Orr rnt reowremmt shall be'undersloal to refer w thWork the value of which totals not lesssthan'10 percent of theCcrariict Price. 6.82: [f-the—Supplennenlary-ConGitions Biddin Documents require the identity. .of certain Subcontractors Suppliers or other persons or cruanizationa @IRiu those who are to furnish the principal items of material's or equipment) to be suhmitted to OWNER inradvano&-of-thr-specified date prior to the ECfecltve Date of the Agreement for nccentance by OWNER and HNGiNEPR_:-and_4 or writing or byfailing to make written obit by the date"indicated for aoccptanec or the bidding documents or the Contract D, FNGINFER�of any such Subcontractor, Supplier of other person or organization shall mnuitute.a waiver, of. any right of-' WNF.R, or'FNG,MER, t6 reject ckftaive Work. 69J. CONTRACTOR shall be fully mspdmvible to OWNER and ENGINEER for all acts and omissions of the Subcontmc(ors, Suppliers and other persons and orpaizatior s performing or flimishing any of the Work under a direct or indirect contract with CONTRACTOR. just as CONIRt%CfOR is responsible _ for CONTRACTOR's own acts and omissions: Nothing in the Contract Doetuuems shall create for the benefit of any "such Subcotitractdv, Suppbcr or other person or organization any contractual rela_tiorship . between ,OWNER .or ENGINEER anal any such Subcuntracwr, Supplier or other personor.ize orgention nor shall it create any obligation on the pan of OWNER or.E.NGIIdEER to pay or to see to the payment oC any moneysdue any such Subcontractor, Supplier or other person (r organisation except as mayotherwise'be required by Laws andRegulutions, `OWN ERorENGINSPRnnay furnish to env sibcorura tiw, supplier or other perm or organintion evidence of amounts .paid .to CON'fR,A('I'OR. in accordance with CONTRACTORS"".Atmliiations for Payment 13' 1 6.§.�, CONTRACTOR shall Fie, solely responsible duling eduling and coordinating. the 'Work of sche Si bcontrictors. Suppliers. and other penonss; and organazations performing or tumisliing any of the ' Work under a direct or indirect comria:t with CON RAL 'TOR. CONTRACTOR shall require all Subcoraraetors. SupplierS and such other persons.Wd organizations performing, or f4rashiog any of the Work to communicate with the,ENGINEER through CONTRACTOR 6.10. The divisions and sei:tions of the Spci ifiaiticiis,and the identifications of any Dmwings shall' not control, CONTRACTOR in rfividing the Work among 4ubconiractors or Suppliers or delineating the mock- to.be performed by any specific trade; 6.11. All Work performed for .CONTRACTOR by a Subcontractor or Supplier will be pursuaru to an appropriate agccmrnt between CON f E2AC'G'1'UK and the Sulxvtaractor or Supplier which specifically binds the. Subcoraractor-or Supplier to 'the, applicable terms and conditions of the Contend Documents for the benefit of OWN} R end FSIGINI F R. ' n�efrier-Suj>{teF-rwkt+-ia- list n4a4-an a . Patent Fees and Royalties' 6, l2, CONTRACTOR shall pay all license fens .car d royalties and assume all costs incident, to the use, in the performance of the. Work.or the incorporation in the Work of erry. invention, design process, product or ilcyie�:'�vhich is the subject of patent rights. or copyrights held by others. If a particular invention, desigi, process. product or, device is specified) in the ;Contract Documents to use in the performance of the Work and if to.ihe actualknowledge of OWNER or ISIGfNM:R its Use is subject to patent -rights or copyrights ailliitg for tlii payment of any license fee or niyalty to others; the tnutence- of such rights shall be [disclosed by,01WNER in the Contract Documents. To the, fullest exient permitted by Laws and RegulatimN CONTRACTOR shall indemnify and Bold harmless OWNER CNGINEM- L•'NG11,=- , s Consultants and die officers, directors, employees, agents and other consultants or each' and any pf t1 em from and against all claims, costs; losses and damages arising out or or resulting from any infringemem of patent rights or copyrights in6dent to the; use in the performance of the Work or resulting from. the rpor incoation in.,tlic Work of any invention, .design process.,product Or device not Vccirtted in the Contract Documents riiCDC i)ENF,R.ai. CO?U'F1ON3 U tr131(19vo edition) 14 WICITY Ott FORT COLUN5 MODMCVnQNS QtLVAaOain Permits: 6.13Unless otherwise pia tdad'' in the SuppI irntar} Cimdiiiord.' CONTRACTOR shall ubvtin and "psy forall constructionpermits and licenses. OWNER shall assist, CONTRACTOR,'when lieeesmry, in ohtaining, such permits and'licenses. CONTRACTOR shall ,pay all govcrnm'ental charges'and.inspection fees necessary for the prosecution of the Work, which are applicable :at, the time of opening of Bids, 6r, if ihcte are no Bids, on the pay all charges of utility owners for, connections to the Work, and ()WNkk shall pay all chargesof such utility owners for capital costs. related thereto sue:li is. glint. 'mvesmtent fees. . Gla. LawsandRegida6uns: 614:1. CONTRACTOR shall ;give all notices and comply) with all taws and Regulations appiicablo-to formsand performance of the Work. � Except. Where otherwise ekpreWy, required by. applicable Laws_ .and Regulations, neither. OWNER nor FNCINEfiR shall be responsible for monitoring CfiNTRA(TrOR's.compliance with any "LAWS or Regulation 6.14:21 If CONTRACTOR_ performs any. Wdrk knowing or'"avvig reason to knoly' that,it ii contrary to Laws or Rcgudauons; C,ONTRAC. fOKshall bear - all claims, costs, losses and damages caused by,. arising out of.or resulting therefrom-,!hcwcver, it shall' not be CONTRACTORS primary responsibility,to make certain that the -Specifications and Drawings arc' in accordaccc with. Laws and. -Regulations: butthis shall_ not relieve CONTRACTOR' of CONERACTOR's ubligatiiins under paragraph 3.3.1 Tares! 6.1$, CONTRACTOR shall pay all stlek consuitter, 'use and other similar Uotes required tobe-paid by CONTRACTOR. in accordance with the .Laws and .Regulations of thw place of the Project which are applicable during the performance of the Work. 6.1 M. OWNER is emmot f bm Colorado State and local sales and use meeson materials to .be perri arieritly. incorporated into_. the:projict. Saul ta:�cs shall not be included in the.Contract Price. CONTRAUI'OR must appfor. a ly nd reoeiva a Certificate of Gxusnation'.fmm the. Colorado Depirtmera of Revenue for construction materials to bebe4ph physically incorporated into the mujeet This Certification of Exemption provides that. the CONTRACTOR shall neither [My nor include in his Bid Sales and Use-Ta:as.on those: lutil_:and construction materials ohvsicalIv-incorocrated into theyroiect. Address: Colorado Department bf Revenue State CAmcrl Annex 1375 Shentan'Street . Denver. Colorado .90261 :Sales And Use Taxes for the, State of Colorado Regioriel Transportation -Dik6cl' (RTD) and -email Colorado .counties are` collected by-thie. State of Colorado arvT are. included, in the Certification of Exemption. All applicable Sales and Use Taxes.6nicludine, State collected taxes), on any itemsother than construction and building materials Physically incorporated into the beL_t are tea be paid hi. CONTRACTOR and amto lz included in appropriate bid items Ilse of Premues.' 6.16. CONTRACTOR, shall confine construction equipment. the storage of materials and equipment and the opaarmoni of workers to the. site and "land and areas' identified in and permitted by the Contract Daxtments;and other laid and areas. permitted 135. Lawn arid. Regulations, rights-ofway, 'permits and casements, 'and shall not unreasonably eneumber'the premiss with construction: equipment orother materials orequippment. CONTRACTOR shall 'assumc: full responsibility ro an . damage to any such land or area, or to the "owner or occupant thereof or of any adjacen t land or areas, resulting from the p erforrnance. of the %Vc&, Should Any claifti be madc'by any such owner or occupant because of the performance of -the Work, CONTRACTOR shall promptly .side with such other -party by negotiation or othennsc resolve the claim by arbitration or othei dispute resolution proceeding orut Jaw. C'ONTRACl'OR shall, to the fullest Lxwnt-p permitted by Laws cod' Regulatiors, -indemnify: and hold harmless. OWNM ENGMMI?R L•'NOIN Ms Cornullar and anyone directly or indirectly employed by any of them, fim oand againsst all claimcasts, losses and damages arising out of or resulting film -Any claim or action; legal or equitable. brought by ntiy such owner or aarparu Against OWNER. ENGPrTBER or any other pony indemnified hereunder to the, extent" caused by or based upon CONTRACTOR's performance of fhe Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises Gee from accumulations of waste materials; rubbish and otter debris resuhing from the Work. At the, completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and abouut'the .premisa as well as'all toiils Appliances.construction cquipment and machinery turd surplus materials. CONT'RAC.TORshall leave the site clean and ready for ooamvpany by. OWNER. at Substantial' Completion of the Work CONTRACTOR shall restore to ori6hal conditim•nll property not desibmated.ftt alteration by the Contract Documents. o, I s. "CONTRACTOR shall not load nor purnitany,part of any structure to be [ceded! in any .inaraier'that will, endanger the stiuctuic, nor shen'CONTRACTOR subject any pari of the Work or.adjacent property to stresses or pressures that will endanger it. Record Doerinenac JC'�Ct36NERrV.,CONLr'fiQ;J.`i'tYltF$ (iwo wtian), W/ QTY OF FORT OOLLINS M061FICATIOf43 (REV .12000j f,19, CONTRACTOR, shall maintain in a safe place at the site one rectsd copy of all. Drawings. Spemficaliorm, Addenda; Written Amendmenls, Change Orders. Work Change. Daectivm . Field Orders -and! 'written interprelaliians and. clarifiiatkni_- (issued pursuantto peragrapFi 9;i) in goad order and annotated to show ell changes made der rg corsuurctien These rzcord doaumerts together with all approved Simples acid a counterpart a all approved 'Shop Drawings will be available to ENGINEFIt for referenca, Upon completion of the Wn<k and prior w release"oC final trayment, these recorddocwnents; Samples mid Shop Drawings will be delivered to ENGINEER for .OWN FR. :Sofery and Prareedon: 6.20. CONTRAcroR shall be responsible for, initiating, maintaining and"supervising , all safety precautions oral progams in conrneculo on with,the Work. CONTRACTUR shall tyke alf necessary precautions fur the safetyo[,and shall provide the necessary protection to prevent damage, injury fir'loss34: 6.2e1L all persons on the Work site of r who may be iffcctcd by the Work: 6.2U.2..311 the Work and 'rnatQuls and equipment to be incorporated therein, whether in storage onoi off the site; And 620.3. ,other property at die site or adjacent thereto, including treca, shrubs lawns, :walks" pavemcros, roadways, structures, utilities and Underground Facilities not designated for .removal; relocation or replacement in the course of construction: coNrRACTOR shall Cxirnpfy'.With all, applicable'Laws and Reg tlatiom of any, public body,havutg jurisdiction for safety of persons or property or. to, protect them from damage, injury or loss; 'and shall erect and maintain All ne.ce..wxy safeguards for such safety. iind protection. CONTRACTOR shall notify owners of adjacent property and of Underground Ficifities and utility owners when prosgcution of the Work may affect them, and shall' cooperate with them in the protection, removal, relocation and rePlacemat of their *party_ All damage, injury or lies to any proPery referred'to in paragraphs6.?0.2 or 6,303 caused, directly or_indireclly, in whole or inpart; by WNTRACTOR, any Subc6ruractur, Supplier or any other person or organization dimplyy or: indirectly employed by any of Ikan't6:Perf anti or furrii sh any, of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable.to thin fault of Drawings of Specifications or to the acts or omissions of OWNER or FNGEq=or I NGLNEER's Consultant or anyone employed by any of than or anyone Cut whose acts any of them may be liable, and not attributable; directly or indirectly, in whole or in part, to the fault or ncghgence of CONTRACTOR or any Subcontractor; Supplier or other person or organization directly W iiidirecdy employed by any of them). CONI R.ACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as alPthe Wort: is complcred'and F'NCGiNEER has issued a 15 I [I] I 1 i 1 C 1 1 notice to'OIN�IER and CONfRACTOR.in accordance with paragraph 14- I'3 that the Work is nt:crptable (except as otherwise expressly provided in connection with Substantial Completion}. &21. SdjelyRepresenm6vc CONTRACTOR shall designate a qualified and e..Vairneed:safety, representative at the site whose duties and responsibilities shall be the prevention of accidents and lliz mavuaming and _supervising of safety precautions Finn PToyPrams. - - - Hazard Communication Programs 6,22, CONTRACTOR _shall be responsible for 000rdinatine any eichange of material'safeN, data sheets tir other hazard communicauori information 'required to he made available to or eichartged between or, among employers at the, site in accordance with 'laws" 'or Regulations. kmergencieu, 6,23. In emergencies affecting the mlctJ;or protection of persons or the .A'ork or property, at t14 site or adjacent thereto. CONTRACTOR without .gxcial'instrucoon'or authorization From OWKF.R or ENGQIF,'ER is obligated to as to _ prevent threatened damage, injury or .lass. CONTRACTOR.shall give LNUINItBR prompt written notice if CONTRACTOR believes that any significant changes in the work or variation from. the Contract Documents have berm' caused thereby. R `ENGCEER determines that,it change in the Contract Documents is required because of the actttn,taken by CONTRACTOR in response to such an emergency, a Work- Charge Directive or Change Order will b'd issued to document the consequences of such anion 6.24: Shop Draw rigs and Saarples 6.14.1. CONTRACTOR shall submit Shop Drawings to ED,rGIN'EER for review and approval in accordance with. the accepted,.schedule of Shop Drawings .and Sample submittals (see pamgraph29). All submittals will be. identified has ENGINEER may, require and in die dumber of copies specified in the_ Gcneraf Requirements, The data shown on the Shop Drawings will be complete with respect to quantifies. dimensions, spect6zd performance and destyn crilerie, mata iNla arid similar data to show L'NGIN -ER the materials and equipmCOMMACT CDNACTOR proposes to provide'.aru! to enable ENGINEER to review the information for the, limited' purposes iequied by. .pamMph 6.26: 6.24.2. CONTRACTOR shalt also submit %inples,to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each. Sample will be identified' clearly as to material Supplier, pertincm data -such as, catalog: numbers and theusefor which intended and otherwise as E'ilGINEER may require to enable hNG1NEER to review 'the submitml for the limited 16 ER'OCODIEKAL COM)tTIONS 6111.8 (1990ditimo rv/ a'IY ov FORT C.-OWM MODIFICATIONS IRL\ dll0latl' purposes regdied,by par:yraph6,26. The numbers of ench'Sample to be submitted will bem% specified in the Specifications_ 6.25. Submittal Prmedures, 6.25.1. Before submitting each Shop Drawing or, Sam,pcpple, C019TRACTOR shall' have determined and VC[nlCd: 625.1;1. all. field meesurerrcnta,,'quantitl'es,_ dimensions, specified performance criteria, installation regtauements, materials, catalog numbers and similar :iafonnatiunwith respect thereto, 6:25.1.2. all`malerials with respect to intended use., fahn-otion, shipp'fg, handling ato e, assembly and installation .pertaining to the performance of the Work, and 6.25:1.3. all, information relative to CONfRACrows sole responsibilities in respect Of means, method; .techniques,-scocticesand procedures of construction and'safcty precstiiiitns and progrums incident thereto; CONTRACTOR shall',5W have reviewed :and �000rdinated each Shop Drawing ur Sample tiith other Shop Drawings :and Samples and with , the 'requirements - of -the Work and ;the. Contract Documents 6 25 Each suhmitnid will hear a stamp or -specific' written hidication that MNk TRA(.70R. hns'snits6ed CONTRACTOWs obligations, undo. the Contract Documcnts.wuh'respeet to CON'LRAC,T.Owi review aridapproval oEthat subnoital. 6.25.3, At the time of each submission, CONTRACTOR shall give ENGINEER specific written noticeof such vuri tiuns; if any, dial the Shop Drawing or Sample submitted.may have from, the requirements of the:Cofitmct Dot_umn nts, such notice to be in a written communication separate from the submittal; and, ;in ad(itiM. Shall GauSe'n specific .notation to be ruadle'on each Shop Diiwing.and Sample submitted to ,ENGINEER for review and approval of each such variation 6.1_6. 'EIIGINCER will review end approve Shop Drawings and'Samples in accordance with the schedule of Shop' Drawings and Sample submittals accepted by ENGINEER as requiied by paragraph 2.9. EIGINEER's review'endapproval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Dbetanenn and be ti anpatiNe-with the design concept of the completed Project as. a functioning whole _ as indicatted by the Contract Documents. ENGMER's review and approval will not extend- to means, methods; techniiue% sequences or procedures of cotstiuction (except where a particular means, method, [echrugoe; sequence or procedure of J construction is specifically and for liy the accordance with the•Contmct Documents orrelease ' -expressly called Contract Documents) or tosafety precautions or programs .a of CONTRACTOR's obligation toperfinm the Wort: incident thereto. The review and appioval of a arite item as such will not irtdicate.approval of the asseily in in accordance with the Contract Docummti: which the item functions. CONTRACTOR shall male 6.30.2,1, obsavatiors by ENGLNEER: ' corrections required by ENGINEER„and shall returwthe_ reyuired number of corrected copies of Shop Drawings and 6.30.12. recommendation of any progress or submu us required new Samples for review and approval 'feral payment by ENG[NEfiR: CONTR. TOR shall direct specific attention in tvn4ng to revisions. other than the correctiorit called for by 6.30r2.3 the issuance of a certificate of EIIGINrER'anprevitwssubmituils Substantial Completiml or am pnymenl h- ' pWNER to CONTRACTOR under idle Contract 6:27. ENGWEF.R's review and approval of ..Shop Documents;• Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements 6:3.0:24. 'use or occupancy of the Work ornery of the Contract Documents unless CONTRACTOR has in pan thereof by.OWNE6;, ' writing called ENUINEER's attention to cach. such 'variation at the time, bf submission as required, by 6:30.7.5., any acceptance by OWNER or. any paragraph o 25.3 and IN GINEER has given wntlen failure to do so. approval of each such variation by "a specific 'written notation thereof incorporatediii or accompanying the Shop 6.30 2.6 any, review and approval of a Strop , Drawing or Sample approval; nor will any approval by .Ihatvine or,%mplesubmittal or the issuance -of a ENGINEER relieve CONTRACTOR front responsibility notice of acceptability by H340tNEMpuisuant Or complying with the requirements of paragraph 6?3:I, to paragraph 14.t3,^ 6,28.. Where a Shop-Drawitg`or'Smnplc is required hy: +6.30.2.Y., any^mspection,• test�cr: approval by, , the Contract Mcumcros or taro schedule of Shop Drawing others: or and Sample subm.Liions accepted by ENGIMF.ER'-'as required by. paragraph? 9, arty related Work performed 6.30.2.$,, any o6rredtion of ttvlrerive Work by pnor to ENIQINE:EWs review and approval of the pertinent OWNER suhmirtal will be at the sole woense and'req-xM- thibty of , CONCRACTOR indemnifrenaoa: f ondnuirrg eke Work 6.31 To the fullest cxtem permitted by l.ag•s and Rcgulauonv, CONTRACTOR shall indemnify and hold 629. CONTRACTOR shall carry on the Work and Harmless OWNER, Z\TGCNEER. ENGLNEER's ' adhere to the jtriigresR schedule during all disputes ur Consultants•and the ofliccrs, ducctors, employees, agents -- disagreements with.OWNER. No Work shall be delayed or and other consultanis of each' and any of them front and pending resolution. of any disputes or agadnst.ail claims costs, losses and damages (including, ,postponed s, disrWcememexcq)t as permitted by paragraph 153 or as but not limited to,*all fees and charges .of' engineers, OWNER and CONTRACTOR may otherwise agree in archiiects. ituomrys Arid other ptofessionals and all court , wilting. or arbiwtion or other dispute resolution costs) caused by arising out of cc resulting from the performance of the 6.30: CONMICTOR's Cateral - Pbtiranrp ;and. Work, provided'that any such claim, cost, loss or damage; G7rnrnnree (i) is attributable to bodily injury- sickness disease or death, or to iiijury to or destruction of tangible prop�ny ' 6.30 1. .CONTRACTOR warnims and grauar%n es to (oilier than the Work itself) including the loss or use OWNER; 04GINEER an&l3NGTNEER's Consultants resulting therefrom, and (6) is caused in whoor.in pan Thal all Work_ •ivill be in accordance with die Contract by any negligent act or omissi i i of CONTRACTOR.a any Documents and will not be dizfecfive. Subcontractor; any'Supplier any -person or organization CONTRACiORs wartaruy and giiatantee hereunder dlirenly or igdirealyemployalby`any of them to perform occludes defetas;or, damage causal by: or furnish any of & Work or-anycste (or whose acts airy of Them may hz liable; regardless of whetheror not caused 6.30.1.1. abuse,- modification or 'improper m part by any'negfigence or omission of a person or entity maintenance or operation by perst=,other than indemnified hereunder or. whether liability is unposed CONTRACTOR; Sub t;ontractors oiSuppliem or upon such indemnified party by Laws and Regulations ' regardless of the negligence of any such person or entily- 6.30.1.2: .normal wear aril tear under normal' usage: 6.32. In. airy .&0 ;all claims against OWNER or CNGTNEEl. or any of -their respectn•e'conaQtants, agenls tj 302, CONTRACTOR"s obligation to. perCgrin ando1Lim directors or empliiyecs by any employee (or. the .complete the Work in accadami' with the Contract survivor or, personal represeritative- of such employee) of ' Documents shall.be-absolute. None of the follawmg CON'TRACTOR.. any Subcontractor, any Supplier, any will, constitute an.itcceptance of Work -drat is not in .person' or ci*nirrtion directly or indireeily emploved by , MI)C0h'NM%CON'V111 ;Q3141VS0W)Edtiau 1 wlQ'IY OF FORT COLLIM MOOIFICA11ONS(REV 111000) 1 I I 1 I 1 1 1 1 1 1 any of 1hein to perform or famish: any •of the Work or anyone for whose acts any of them may be liable; the indemnification obligation under t�aragraph6.31 shall riot be limited' in any way by -any limdatiom origh4 amount or - type oflilamages. compensatiun'or benefits ,payablc�Sy or for CONTRACTOR or any sudi Subwntmctor Supplier or other person or creanivnion under warkene compensation acts, disability benefit adds or other employee+ Benefit acts 6.33, The indemnification obligations of CONTRACTOR tinter:paragmph631 _shall not extend to the liability 0fENGQV6ER*amtd ENGINEER'sConnultsnts,. officers directors, employees or .sprits mused by the professional ra-gligcrim, errors oromissions of any of them. .Sunit*al ofObligadortr 6.34. All represchtatioim indemnifications; warrantics andguarintees made in, required by or given in accordance. with'the Contract Documents,. as arenas all continuing, obligatioru indicated in the Contract Doc iangntu, will) survive final payment,. oompletion,and eceeprtanre'of the Work and termination &completioh of the Agreement; ARTICLE 7—OTHER IVORK Related Work ar Sile: 7J.. OWNER,may perform other. work related to the Project at the site by OWNER's own forces, owlet oiher direct contracts 'therefor -which shall contain :General! Conditions similar tii these; or have other work performed by utility owners, If the fact that such.otherwork is to be perfiaibed -vas not noted in ilie Contract Documents; horn: (i) written notice thereof will be,given tc CONVTRACTOR prior to starting- any such other work _ .and bt)CCONTRACTOR may, make .a claim therefor as pr•oyided in Articles l I and 12 if CQiTfRACTOl2 believes that such performance will involve additional "espM.se to CONTXACIOR orrkpires additinal time and the parties are unable to agree as to the amount or extent thereof 7.1 CONTRACTOR shall afford each other contractor who is a party to suds a dins contract and'each utility owner (and OWNE,, if OWNER is perkming the additional work with OWM's employees) ,proper and sife.acessto the site,and'a masontble opportunity for the 'iiurodiuction and'stomge of matenriaals and equipment grid the execution of such other work and shallproperly connect and crnrditmte the. Work, with theirs. Unless otherwise pro "vide3 iri the Contract Documents •CONTRACTOR shall do at] cutting,'Ctltap and patching of.the Work'Ihit may be required to make its several parts came:lugdher properly 'snit. integrate :with such other work. CONTRACTOR shall riot endangcr.any work .of -others by cutting. excavating or otherwise -altering, their work and will Only cut or,alter their work with the writtencmtsent of ENGINEER and the others whose work wad be affected: 'The duties and responsibilities of CQNPRAcrOR under this paragraph are for the benefit of such utility owncrs.and other contractors to the extent 'that there nre mmptrible ERUCOENFRAL CONDal10Ft919ta4 Q490 Editiail, 18 car CITY OF FORT COLLIMMOD1FICATIONS IIiEV4120tlal' proyisiars for the, benefit of CONTRACTOR in said direct contracts belweenOWNTR and such utility owners and other. contractors. 7.1 If the proper, execution or results ofany pan of CONI'KAC'1'ORs Woric• depends upon, work pertiirmed by others under ,this• Article 7. CONTRACTOR shall inspect such other •work and promptly report to ENGINEER in writingany delays, defects is deficiemics in such other tvurk 'thal render it unavailable or utsuitablc for the proper execution and'results of CONTRACTOR's Work. CONIRACTOR's failure so to report .will constitute an acceptance of such •other workas fit and proper for integration ,with CONTRACTOR's Work accept for latent or nortapparent defects and deficiencies in such other work. Coordinadon: T4. If OWNER contracts, with others for the per(ramanccof othu.wdnk on the Project at the site; the following igill.he set fonh,inSupplementary C bnditio-m: 7.4.1thepersdn, film or corporation who will have authority •and respnisibility for .coordination of the activities among the vanous.prime contractors will be identified; 7 a.1 the 'specific matters to be covered by such authority and resportsibility will be itemized:<ind. 7.4.3: 'the extent of such •authority and respcnsihilitics will he provided Unlcss, otherwise provided ,in the Supplementary Conditions, mwife shall have sale 'authority and responsibility in respect of such coordination. ARTICLES --OW VER'S RFSPOiiNSIBII:ITfS. .8:1. Except as otherwise provided in these General Conditions, OWNER .shall issue all communications to CO 7TRAGTORihroughING4�1EER. 8.2. In case of termination of the employment of ENGINEER, OWNER shall' appoint an engineer against whtmt-COMRAC-TOR-mancs-ncrrcascmablt-bbjeetiora whose status urider the Cointmct Doeuments shall be that. or the former ENGmm 8.3. OWNER: shall. furnish .the, data requiredof bWNER under die Contract Documans� promptly and shall make payments to:CONTRACTOR promptly when they are due as provided in paragraphs 14:4 aril 14.13. 8:4. OMVER's duties in respect of providing lands -and casements and providing engineering surveys to establishrefcrence points are set Cann in pamgraphs4.1 and,4.4. Paragraph4.2 refers to OW\TR's identifying and inaking,. available to CONTRACTMR; copies of reports of eRplorations and tests of subsurface conditions at the sire and chwmgs.o f physical conditions in existing 11 structnresat oroomiguous to the site that have been utilized by ENGINEER in preparing the Contmcx Doctazicrdw tort}i•it}liamgrap_11a3-5[henitgh-Slip ~ S.G. OWNER is obligated to execute Change Orders as i.ramted iii pamgmphi• 10.4_ 91- OWNE2s reponsibility in respect of 'certain ireeItions, tests and .approvals -is set foiik "'in - paragraph 13:4. 8.$. In connection with 0WNER's right to stop Wort: or Pd, Mork, %cc, paragraphs 13,11t and 15.1, ph 15.2 deals -,with- OWNhkright .to terminate services of CONTRAC'TORunder certain cvcumstahces. fhc bvvNriRshall nix' supervise:, direct or have or authority ova, nor be iespOrisible for, ZACTOR's mearts, methods, techniques, sequences :dares of: construction or the safety precautions and isincident theieto, Or for. any 'failure of ZAC'TOR to empty with laws and Regulations tile_ to•thc-furnishing orNrformar :R will .riot be responsible for t: to perform or fiuiiish the Work in diact Documents. 7t }A-= GLVicikiR's-respextsitiility-in-raspeaFef-eatdi�losed Rfidieoctiye Materials uncovered M r o,in paragraph A C .°9,111- ;Fend te Liee, . Arrangematus-hart-been-taada to -sat sf-O�V4ER's respaiasibitity-in=izspeet-ihzreoFwill-be-es-sec forth irithe Supplzitienmr}• Gortaitierr, ARTICLE 9-F.NCiNF,ER'S STATUS DURING' corNsmUCTION ORN£12'c Representaive: 9,1_ ENGINITR will be ONVNER's representative during.: thin construction. _penal.. •rlie duties• and responsdnlities .and the limitations- of au[Wnty of Fi\mEER .as O\kwER's rc(uesenlative during construction are set forth in the Contract Documents. and shall not be e: aided without written consent. of OWNER aral'LNGIN);GR Irtaiti to Site: 9.�. ENGMEER' will male.visits to the site at intervals appmpnatc to the. various ,stages of construction as ENGLN-EER' deems necessarym order to; observe as an .experienced and qualified design professional the progress that has been made and the qugfity of the MiOUS aspects of CONTRACTOR's tmeoiled Work: Based on information obtairied,during such visits and observations, INCIN -ER will endeavor for the bencGi of OWNER 6 determine in generaL if: the Work is proceeding in nccordsmie with the Contract oocuntertts ENO1NErER will not be requued to make ezhtaustive or continuous on- site.inspections to cheak',the,quality or tluantity,of the Work. ENGMEWs e(furts• will be directed toward Providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Cora Daum Wts On the basis of surfs visits and Or site ohservatimi% ENGh\T'FR. will keep OWNER infurmed of the proms of the Work and will endeavor to guard O%VNER a¢mrisr Jefectn•e Work: 6NGINEER's visits and. onaute nhseryations are subjectto all the limitations on ENGINEER'S authority and responsibility set forth in ��aat�agaph 9.13, arid patticularl}', but rvithout ►imitation, lirtng.Of as a result of EN( INHHR's.on-site visitsnr oliservatioas - of CONTRACrows work ENGMER, will, not supervise, direct, control or. have authority over. of tie .responsible far CON r"ErMs mcarv; .methods; techniques, sequences or procedures of construction, or the safety pre6utions and programs incident ihereto. or for anyfailureof COWRACTOR. to mmplyy; with Laws .arid' R ulatiorm applicable to, the furashing or perfprmanc offfic Work. Project Representative: 'U. if OWNER and 'FIGINEER agree, ENGINEER will furnish a Resident Project Re to assist E IGINEER in providing more continuous observation of the Work The responsibilities and :audiciity and limitations thereon .of any such Resident Project designates another representative or agent to represent OWNER at the site who is not WGflgMRs Corisultant; agentor trn`ployee: the responsibilities.and' amhonty and limdatirms,.thereon of stuh other person. will be as provided in pamgnyh 93 9.3.1. 'rhe Represerdative's dealings in mettcrs pertaining to.ihe. run -site wmk will. in general- be with the ENGINEER and CONTRACTOR But. the Representative will keen the O(Wi ER properly advised about such matters. The Re xesentatit e's dealingswith subcontrackm will only be through or with the full knowledge and apiroval .of the CONTRACTOR 932 Duties and Responsibilities, Remeseritative wilE 93? I -Schedules - Review the memos D I u J [1 11 EX'000h'NL ;,CONUIitO�4I19104(1990 Eikiam 19' ' WI CITY OF FORT COLLIM MODIFICATIONS (REV drlatlo) I schedule and other scheduies prepared by the. CONTRACTOR and consult with the ENGINEER concaning acceptabilim ' 932. Conferences and Nleeting .- Attend. marina with the CONTRACTORsuch as. preconstruction conferencesy,proW meeting and. other'iob .cohterences .and_Ftepare and circulate co copies of minutrs of meetirtgs, 9.3 33. Liaison I I 93.2.3:1'. Save. at. LNGINEER'S liaison with CONTRACTOR. woitkm PnncipallY through CONTRACTOR'S superintendent -to .assist the CONTRACTOR m understandiritt the Canhuct•Documents 93.2.3.2 Assist in obtaurvre ticm OWNER additional dcmih- or information: when reuuiird, for p ytyer ezaution of the. Work., ,9.3.2.33: Advise the ENGINEER and CON'rRACfOR of .the commencement of anv' Work- repuiring, a Shop l7mwine. or sample subm ission• tf the'suli=lli_ n•hasarot bccn appntvcd by the ENGINEER: 93' 4 e i _ oaf W Rcieciioti dDefeciive2 WOOL ' Inspei:tionsandTcatw- 9.3:2:4.1. Conduct cm -site c fiservatiiuis of thi Work h prck= to, assist the ENGINEER -in detenmimrtg,that the Work iss.m=gcdinglin •nccordnnoc with the Conirnct Ihmirments. 9,3?;a.3. Accmn�nv ting—iiispectors representing pubfic or•aher agencies' having j aisd etion ova the PrpjeeL record the results of these Lgwions and report' to- the ENGINEER. 935. Interpretation of Concoct Documents.. R_to_ ENGINEER .when. clarifications, and intetpietatiortsof the Contract Documents are needed .and tmnanit to CONTRACTOR c1mifigition and intelMotation of the CoMrBct. Documents as issued by. the ENGINEER 9.3.2.6: i to ti6cations. Consider and malunte CONTRACCORs suggestions for 206K'UC i3ENFR.V,CONIN'110D141y111d.41yYU Ediliml: rv/r17Y Ot+1+OR7 CULLIPS MOUIFIC.4'fIONS ntL•'V420fMIP niodificati'on in Dmwinrs or. tPecificatiotis and report: these recommendation to. ENG[NEEIC Accuratcly tmrrartit .to, _.CONTRACTOR' decisions issued by the ENGINEER 93:2,7i Record& 9�3�t-�AeP_4� 9.3.2.8.1, Furnish. ENGINEER p_enj�Klic re as requir of the u�"agess. of the Work and of the - CONTRACTOR'S compJiallee_w t 4he_pSgCess sa le aAd schedule of shpp_Dtawing and sample s4bmALAUI 9.3 48.2. Consult tvitlt L7G_i�n advance• of schedu ng mp or tests, inspections cir start of initiortant phases of the Work. 9.3.2.83. Draft proposed Change Orders' and IV and olxainmg ba lcup material from lheCUN'fl%4Cl'UR and_roccnnmeml to .ENGINEER.. G1tprux Orders. •Work. Daective'Chanum and Geld orders: 9.12.8.4: Report unmeiliately to fNGINEER'and'OWIMM the.occutrence of any accident. 9.3.2.9. Payment Requests. Review ntmlicstions FortzrymcM with CUM'RACrOR for.complianco tvilh the•established Procedure for •.thee submission and forward with recommendation to 1 ENGINEER. noune- oarticulaily the rolatiorshigoof requirements of the Contract Documents fiit the form.of ' the rmvment reuuested'lo the schedule of values Dmwirn&s or otherwise) as. ENGMTEER ,mavv determine work eemoleted .aml materiels and oowpment necessary wh ch shall be consistent with the intent of and delivered .et the site-but'not'-im:oiaoratal m the reasonably inferable from`the Conlmct Documents. Such Work; written clarifiwuons and mteipretations will be binding on , OWNER and CONI'RACTM if OWNER 8i 9.3.2ki Completion. CONTRACTOR believes •that a written clarification or interpretation justifies an adjustment in the Contract Rice .3. -92 16 l Before ENGk�=- issues a or the Contract Times and the parties are unable to agree Ccrtificate. of Substantial Cent letisubmit tothe amount or. c;aem the E if arty. OWNER or ' to CONTRACTOR a list of observe •.items: CONTRACTOR may make a written claim thereftr k,, reauiruiecorreclionorcompleliun. provided inArlicled'IorAriicliff 03.210.7 Conduct firm iicipeclion, in the Authorized 'Marfations,inWork comoaris of theF.NGINFEVOWNHR and CONTRACTOR and prcnare a final list of 9.5, FNGM-ER may authoriiy minor variations in ' items to be c areded or completed tha Mrk it m, the requiremeiris of the Contract' Documents which do not involve an adj'ustmcnL in the. 93 2.10.3. 'Observe that all items on the Contract firice or ihi Contract Times and are compatible finial list have been corrected or completedand with the design concept of the completed Prcjcct:as a make recommendations to ENGINEER functioning whole as indicated by the Contract ' concerning acceptance: Documents_ These maybcoco mplmhed by a Field Order and will be b rid rg on OWNER and also din 9,3'.3. Limitation of AuthorW_- The Representative shall COO RAC:TOR perform .the Work, involved not - - promptly, If OWNER or CONTRACTOR txlicves that a Field Order justifies an adjustmentih the Contract Price'or ' 9.3.11. Authorize any deviations from the the Coritmct Times and[he. parties are unable to agree ai Contowt Documents or :acdpt nqy subWitute. to the .amount• or ckcru• thu'rcof, OWNER or patent s or equipment _iuilgss au or zed by 'the CONTRACTOR may make a writ ten• cation therefor as �LVGINEER provided inArticleI I or 12. ' 9.3.3:2. .Excced- limitations. of" ENGINEER'S Rejecong Defectne llfork:. authoritvas setforthin the Contract Doxumeniis 9333. -Undertake any of the responsibilities R6, ENGI ERR will have authorLity to disapprove or of the .CONTRACTOR Suboontmctom or reject Work which FNGRVEF.R'helieves to he rLjective, q�(T jtrQQR S s irxriptendent, xi that ENGINEER believes will not produce a completed ' Prgj'cd that confoims;to the Contract Docurrcts or that 9.3.3:4. .Advise on or issue dvectiors.relitive will prejudice the inlegrityiof the design concept of the to: or assume control over any, of the completed Project.as a.func_tioning whole as indicated by mcaM methods. .ter the Comvact Documents., ENGINEER will also have. p e�i es for coivstruaigr, unless suoh- ys authority to require special mspection.or testing of the ' spenfieallycalled for inthe ComtraUDocumems. Weil, as provided in paragmph 13.9:.dvhether.or runt the Work' is.fabncnted, installed or completed 9.3.3.5. Advise on or issue directions leaardiint a assume control over safety Shop, Drawings-., ChangeOrdeisand Payments: precautions and programs in con ectifrLs wtith"the , Work: 9.7. in connection with GNGINERR•s authority, as to Slop -Drawings aod'Samples,..see paragraphs 6.24 through 93.3.6. Accept Sfioti Drawuies_or mple §.2d,viclWive. wbmittals fromanyone other than the CONTRACTOR 9.8_ in connection with ENGINES 's authority. is to , CfmrgC Orders. sa,�rtncles lU. l i. anal l2: 9.3.3.7. .Authorize .OWNER to -occupy -the Work in whble or in 2W, 99, In connection with ENGINEER's•authority as tb' Applications for Payment'. see A title 14, 9.3.3.8. Participate in svecializW field or , laboratory tests or inspections conducted b others Deteiininalions fir Onil Prices, Tweet as sRacifiwlly authorized the ENGINEER 9,10. ENGINEER will. determine the ecival. quantities and classifications of Unit PriceWoxk performed' by Clarifications and Interpretations. CONTRACTOR. ENGINEER will review with ' CON'I`RACI;OR the FNGINEFRts preliminary. 93. ENGINEER will issue with reasonable pmrumptn= determinations on such matters before rendering a written such written clarifications. or interpretations of the decision thereon (fr), recommendation of an Appiicati6n FJCDCOh'NaL&L,CONDrn0;,;S t 91tF8 (i'I7(jEwim) 21 Wt MY OF FORT COLLINS MOOIFICA110N81R5V •t40i)(J) 1 1 u fax Payment orotherwise).ENG&EGR's written decision thereon will' be final. and binding -,upon OWNER' and CONTRACTOR, urd m within ten flays after the date of .any. suc:ih decision, either OWNER..or CONTRACTOR delivers to the aiher and to ENGINEER written notice of intention to appeal front ENGMI ER's dec sioq and' (1) an appeal from iN ENGEER's decision is taken within the time limits and -in-accordance with the. procedures set Iorth in E.edubit GC -A, 'Dispute' Resolution Apreement', entered into between OWNER and _CONTRACTOR pursuard ,L6 Article lo; or (u) if nosuch :Dispute Resolution Agreement has been entered into, n fomnal Firoceonlirig is instituted by the appealing party in a.forum of competent jurisdictionto ccercise such rights or remedies as tlx- appealing party may have with respect to F,NGiNEER's decision,. unless. othhcnvise agreed in writing by OWNER and L'ONTRAcrop, such appeal' wai nut be subject to the procedures of paragraph 9.11. oedv dons on Ljis(nerer: 9.11. ENGWEEK will be die initial interpreter of the requirements of the Contract Donrments and judge of the acceptability of die Work thereunder. Claim& disputes,and other matters rclanngto the aeccptability or the Work or the iiiterpretation_of the requiremenita'uf the Contract Documents pataining to the pert Iormance and furnishing of the Work and claims under Articles I 1 and 12'6 rtspect of changes in the. Contract Price or Contact Times will be referred initially to ENGINEER in wr ting with a request for a formal decWhn in accordance with this,paraeraph. Written notice of each such claim, dispute or other matter will be delivcrcd by the claimant to ENGINEER acid the other party to the Agreement promptly (hut in no event later, than thirty days) after thr start of the occurrence or event giving rise thereto arid.written supporting;data will, hc:submitted to ENGiNFFR and the cutter party Within sbtty days after the start of such occurrence or.uvent unless UNbIvTEER allows an additional period,of time fur tiej submission of additional or more accurate darn in support of such dame, diioute ar other inatte-r The opposing potty .shall submit any response to ENGINEER and the claimant withal thirty, days after receipt of .the claimant's last submittal (unless F.NGfNFER' allows. additional time). ENGINEER will rendern formal decision in writing within thiny_day)•s after receipt of the apposing party's submittal. if any, in "accordance with this. paragraph " ENGINE ER's written decision Lin such claim, dispule mother matter will, be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINECR's deeisioii is taken within the time limits and in accordance with the prmWures set faith in K\HLBIT GC -A "Dispute Resolution:AgremimI%entered into between OWNGR.anti CONTRACTOR pursuant to Article Ifi,. or (ii) if no such Dispute.'Resolutibn Agreementhas been entered.. into, a written notice of intention to appeal from IINGINEER's written decision is delivered _by" OWNER or CONTRACTOR to the other and to LNGMER within aurty' days after the flute of such decision and a formal proceeding is:instituted by the.appeafini party in a forum of competent jurisdicliou to exercise such rights or remedies as the appealing party may hive with respect to such claim,. dispute or other matter in accordance with applicable Laws and Regulations within st,*ay days, of the date of such MIX OENMAL CONUITION9 11l4-a tlYwV Editiml' -2 w(CITY OF 17ORTCOLLINSMODOICAMN51RE MOM) decisim unless otherwise agreed in twitting by, OW. and'CONT RACTOR . 9.1.2, When functioning as interpreter and judge trailer paragraphs9.10 and 9.I1_ ENGINEER will not sfiow pp��ttwliry; to OWNER or, CONTRACT' )Rand will not be liable .�. connectiun with any interpretation or. decision tendered in good faith- in such capacity. Therendering of a decision by ENGLNTM pursuant to paragraphs 9.10 or 9.11 with respect toany such claim; dispute or other matter (except arty which have been waival by the mating or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to arty• exercise by OWNER or COi�"fR;aCTOP. of such rights or remedies as either may otherwise have under the Contmet Documents or by laws or Regulations in respect of any such claim, dispute ou other matter-pursuunt�tarlrucle-1.6: 9.13. Lithifations. on 4M?IG F,F,R's Am Mod& arid'. Reyrnn.�b!llrier: 9,13.1. 'Neither ENGKIEE;R's authority or t}sponsibility.under this Article 9 or wider any other provision of the Contract Documents. nor 'any decision made by ENG INFER in gored faith either to exercise onriot exercise such authority or responsibility or the undertaking, ccreiso or performance of any authority or responsibility by ENGINEER shall create impose or give rise to.any:duty owed by ENGINEER to Ct11NTRACTOR, any Subcontractor, any Supplier, any other person cr organization, or to. any surety for or employee or agent of anyof them. 9,132: ENGINEER will not supervise, direct, control or have authority over or_be responsiblefor CONTRACTOR's means, methods, techniques, scquemxis orprocedures of construction, or tie safety precautionsandprogmms incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicableto Ube furnishing or pzrformaiice of the Work ENGINEER will not be responsible for CONTRACTOR's failure to,perfcam or furnish the Wolf: in accordancee with the Contract Documents 9.13.9; [NGENEER'Wift not be responsible for the acts or omissions of CONTRACTOR or of any Subconiraetor, anv Supplier, or of any other. person or Wration peggrmmg• or furnishing any of the 9,13.4. ENGINEER's review of the final Application for. Payment and accompanying documentation and all maintermnce;and operating instructions. sclictlules. •gtinrantees.. Bonds and certificates of inspection, tests' and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generallythat thteir�content compliq with the requirements of and in the vise of certificates of inspections. tests and approvals that the results certified indicate compliance with. the Contract 0,13.5, The limitations. upon authority grid I e5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. f5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed ' advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER ' as having received the Bidding documents. 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute ' and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 1 1 I responsibiGtj/ set faith in Oiis paragraph 9;13 sDa1l Also Apply to MC;tf.GR's'C,itnsulinnts„ Resident Project Represenwtive and assistants ARTiCLE 10=CHAtYGES IN THE WORK 10.1. Without invalidating the Agreement and withoui noti,mto:any surety. OWNER may, at:arry time or from time to time arler add lions, kletians or revisia_u in the Work, Such additions, deletions or revisions will be authorized by a Written Amendment a Changge. Order., or a Work Clange,'llirective. Upon receipt of any such document, CONTRACTOR shall promptly, proceed with the Work involved whii;h will, be perPonned under the applicable conditions o f the Contract Documents (except as otherwise specifically provided): 10.2: If OWNER and CONTRACTOR are unable to agree as to the extem, if any, of an adjustrnent,in the Contract Prim or an"adjustment.of the Contract Times that should lie allowed as a result of a Work Charge D rective; A claim may he made therefor as provided in Article I 1 or Article 12, 103. .CONTRACTOR sliall not be entitledto an increase in the CohnxiWice or anextertsion of the Contract Times with respect to;any Work performed that is not regqtuuired'by the Contract Documents as amended, 'modified end strpplamented as provided in pamgaphs 3.5 and 3,6, except iiTlhrcase of an emergency as provided in paragraph6:23 or. 'in the ®sg of 'uncovcrirtg Work; as'. provided in paragraph 11% 10.4. OWNER And CONTRACTOR' shall; execute Appropriate Change Orders recommended by ENGENMIZ (tir LVritten Amen)ments) c6v&ing: 10,4,1. changes in the Work which We (i) ordered, biy OWNER punatantlo paragraph 10.1, Cu) required becatLse•of acceptance of dejecffty Work under pamgraph'13:13 or correcting defective: Work uixier paragraph 13,14,.or (ai) agreed to by the patties; 10.4.2, changes in dt-Corittact Price or Contract Times which are agreed to by the parties', and 10.43. .diarVs in the Contract. Price or Contract Timeswhich embody the substance of anv written decision rendered by ENGINEER' pursatartl. to Paragraph 9.1 I; provided that, in'lieu of,executing any -such ChargeOrrler; an appeal may be taken, From any ,such decisiin in Accordance with the provisions of the Contract DoWments and applicable Laws. and Regufatiorx but during any such appeal. CONMACTOR .shall wry on the Work and adhere to 'the progress schedule As. provided "in paragraph 6.2.9. '10:i. If notice of any change afrecting the general scope of'die Work or the provisions of the Contract Documents (mcluding, but not limited to; Contract Price or Contract Times). is required by the provisions o'F•any, Bond, to be given to a curet.y, the;yvi �.'of any such notice will be CONTRACTOIt's responsibility; and the amount of each applicable Sond will be adjusted accordingly. ARTICLEll—Mt,NGEORCQNTR crPRICE l.l.l. :the Contract Price constitutes the total compensation (subject 6 authorized adjusuneras) payabld. to CONTRACTOR for peribimig the Work, All duties, responsibilities-and'obligattors;assigncd to:or undertaken' by CONTRACTOR shnil be at,CONT RACTOR's experise without change in tWContraetRice. 11.2, The ;Contract trice may onlybe changed by. a Change Order or by a .Written Amendment_ Any claim fix. An adjuswent in the Contract Prim.shall be based.on wriueri notice delivered 'by•die.parry'-making the,clairn tii the other party and. to ENO[NEER promptly (Dirt in no event later than , thirty days) after the start of the occurrcnm or yvetit giving rik, to the claim and stating the general nature of the claim, Notice of the amount of th'e claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINF.•ER allows:additio nal time for ci mant:to submit additiotnl,or more accurate data in support of the claim) and shall be ncoomprmied biychimant's written statement that the adjustment cfaumcd"wveis ail kw,,in amounts to which the claimant is entitled as a .result of said occurrence or event All claims for Adjustment- ui the Contract Price. shall be detenriined by, 140MER iti accordance with parairaph9"11 if OWNER and CONTRACTOR txmut otherwise agree on the amount involved: No claim for an acljus1ment •.im the Contract Price will be valid if not submitted in accordance with this pat igraph 1 I?. 113. The value of any Work. iovercd'by a Change Order or of any claim for an adjustment in the. Contract Prim ivdl be determined its filliiws:. I I.3,1. where the, Work involved is covered by unit prices. contained. in the „Contract' I-ocuments, by applicatibn of such umtpriers to'Ihe quantitiesof the items involved (subject tO -the proyisions; of 1 1 1 EXMWQENMtAL,CONDrnoi%z i 9I tR ow) Eiltioii 23 , W/ QTY OF FORT COLLIM MODIFICATIONS JPLEV-112000) 1 r—� I7 paragraphs 119,1 through 11.43:inclusive): CONTR 1CTOR :shall obtain mmpetitive.bids Gent - - - Subcoraracltfrs. ticce,ptable to OWNER and 11.32. where the Work involved is rut covered -by _ CONTRACTOR and shall' deliver such bids to umt pricey renamed in the Contract Documents, by a OWNER itho will then determine, with the advice of ' mutually agreed payrrient.basis including lump sun ENGINEER which bid% deny. will be accepted. If (whichmay include an allowance for overhead' and any subcontract prpvides that the Subcontrscror is to profit not necessarily :m utcordance with b6paid on the basis of Cost ofthe Work plus a'fee, paragraph 11.6.2): the Slubcontractces,Cost of the Work and fee'shall be determined in the.same manner as CONTRACTOR's 11.13. where the Work involved is not covered by unit Cost of the Work acid fee as provided in prices contained in the Comma Documents and. paragrapls114, 115, 11.6 _arid 11,7. All agreement .to a lump sum is not reached under subeoiumcti shall 1x subjxttothe other provisions.uI paragraph 11.3.1, on the basis of the Con of the Work. the Contract Documents insotar as applicable, (dcternmed as provided in paragraphs LIA.and 11.5) plus a C ONTRAC.1 ORs fee for overhead and profit 1144; Costs of special consrdtants'(including :but (determined as provided aiparagraphll,6), not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) CoanjthelYmk:. employed for services specifically related to the LVcvk., ' 11,4. The tern Can of the Work mean-. the scan nEaIP cods riecessarily incurred and paid by CONTRACTOR in 11.4:5. Supplemeruiil,costs ihcluding lle.folldwing: the proper performarimof the Work.. Rxcept as otherwise may be agreed to in writing by OWNER, such costs shall' 11.4.5.11" "foie proportion. of necessary be in amounts no .higher .than those pretailutg in the transportation, travel and subsistence eNpetsesof, locality of the Project shall include only, the following CONTRACTOR'g employees incurred in items and shag not include any of the costs itemfmd in lixFdrge of duues'conr�tcd With the Work, paragraph 11 S: - 11.45.E Cast,- including transportation .arid 11.4.1.Pa o11 costs for employees in the direct. employ, CONTRAM'OR in the of the ma`ntenance of, all materials supplies. once of performance Work under schedules of job clamfiwuons agreed equipment. mach ry.appliances, and temporary facilloesat the site and hand tools not upon by OWNER and CONTRACTOR. Such owned by thc'WiSrkcm w•h ich are consumed in the employees 'shall include 'without limitation performance of the Work, and cist less.markct superintendents, foremen and other personnel' value of such items used but not consumed which ' employed" rUmrne:at the sitc. Payroll casts. For remain thepropertyoCCONTRACfOR, employee; riot employed full tune on the Work shall' tic apporuorued uir tMi basis of tfetr time :spent on the 11,4.5.3.. Ri'nln4s of all construction Work. Paying costs shag include: but not be limited _try equipment and,rriachincry and, the,paris. thereof salaiies unit Wages plus the cost of fringe benefits- whethei runtedfmm CONTRACTOR or others in which shall include social sccuniy contributions,. accordance with rental agreements approved by ' unernployTnent excise and payroll tastes. workers OWNERwiththe advice.ofENGINEER.,andthe umpensatiurL health ard•ieetirement benefits; -bonuses;. costs of transportation; loadiri& unlae ' a ti—blethereto. installation,•disnarting end removal therool al The• expenscs of performing L�orlt after regular in accordance with terms. of said moral working hours. on Saturday. Sunday or legal holidays, agreements The rental of Any•such equipment. droll be included in the above to the e.�aera authorized machinery or parts shall cease when the use by OWNER. ,thereof is no lungzi necessary fur the Work. 11.3 �' Con of all materiels and equipment furnished 11.4.5,4 mer, Sales, consu, use or similar ta: es and 'incorporated in the Wort, including costs, of related to the Work and, for which transportation and storage thereof, aiul Suppliers! Field CONTRACTOR, is liable; unposed by Laws and services required in connection therewith All cash Regultitions. discounts shall' accrue to CONTRACTOR unless - OWNER deposits fur'r'1s with CONTRACTOR with 11.4.53Depositslost.far causes other than ' which to make payments, in which mw the cash discounts At r� ligence of CONTRACTOR, am-, shall accrue to OWNER" trade S.ubcoritractor or anyone directly or indirectly discounts, rebates and refunds and returns from sale of employed by. any, of If cm or for whose ucts airy surplus materials ,and tyuipment shell accrue. to of them may be liable. and royalty pavmenls and OWNER.aid(T)NI'RACfORshall make'prcvisias fees'forpermits and liicscs. so that they may be'obtained ' 11.4.5.6. Losses and damages (and related 11-4.3. Payments made by CONTRACTOR to the ee Tiscs) caused byy damage to the Work. not Sulicontractors for Work performed or Curitishied ,ey compensated by insurance or otherwise. sustained Sakontraiom- If required by O\Wi FR, by COtWRAC•TOR in connectim with the WC000ENUM COSNITONS 61ii-s (tyv(0 Edifim) 24 wraTy ON FORT COLUM MOrIlF7CA"I]ONJ tRLV d2atN11' performance and furnishing of the Work (except losses. and damiges-within the deductibleamounts of proppeerrtty insurance established by OWNER in accordance .with paraaph"5 gr-91 provided they }rave rstlted .Gum causes. blher than the ne�logence of CONTRACTOR; any Subcontractor, oranyone directly or indirectly employed by any of them or for whose acts any of I may be liable. Such losses sh"' include setticmerds made with Ox written consent mod approval of OWNER No such losses, damages and expenus shall be included in the Cost of the Work for the purpose of determining. CONTRACTOR's fee. ll: however. any such loss or damage requires reconstruction and CONTRAtCTOR is laced in charge thereof, CONTRACTOR shallbepaid' for services a fee pr6portiomte to that stated in paragraph 11.6.2. I Is1.5:7: The cost of utilities; fuel and sanitary facilities at'the site. 11.4.5.8. Mirior expenses such astelegrams, hang distatm telephone calls, telephone service at the'sue, cxprcmage and similar petty cash items in . corinectien•with the Work. 11.4.5.9. Cost of premiums foradditional.Bonds and 'uisumricc.. "iequimd because o. changes in the Work: 11.5. The term;Cost of the Wark-shall' not inchidn atiy of the following: 11 Mi. Payroll. costs and other and •contracting agents;. clerksand other personnel employed by COI T'RACCOR whether,at the site or in CONTRACTOR's .principnl of a tiranclt office lot genial administration of the Wort: and not specifically included in the agreed' upon schedule, I of fob classifications• referred to in paragraph11.4.1 or specifically coveirid by, paragraph 11.4:'A-af cif which rishi are to be coeied administrative costs covered by the COYF RACTOR's fee. I1.S13, Expenses of CONTRACTOR's principal and branch oG-ces.other than 'CONTRACTOR's of& a. t theste;-_. 11.5.3. Any part of CONTRACTORS capital' expenses, including interest on CONTRACTORS capital employed For the Work ,and charges against CONTRACTORfor delinquent payments. ! 1:5.4. Cost of premiums for ell Bonds and foe_ all insurance whether or not CONTR;kCTOR is rcifuiied by the Contract Documents to purchase and maintain the same (except For the cost of premiums covered by subparagraph 11.4.5.9 above). eacoccrrrxit,croiuulno ;talt>$(i"IEdtim), wr CI Y OF FORT COLLiM MObIFICATON9(REV 120i10) 11.55, Costsdue to the negligence of CONTRACTOR,, any Subtxinuactix, or anyone directly or indirectly: employed by any of them. or for whose ads any of them may be liable, including but not limited to, the correction of &J'active Work. disposal.of materials or 4ppment ivrcml;ly supplied and making goiod"any damage to property. 11.5.6. Other overhead or generalexpanse costs of arty kind and the costs of any dam not specificitly and espresgly included inparegiaph l l'.4. 11.6. The CONTRACTOR's fee allowed to CONTRACTOR fox overhead and profit shall be, determined as follows 11.6.1. a mutually acceptable fixed fee: or II1.6:2: if a fieed'fee is root -agreed upon, then a fee, hase,d' on the following percentages of the vanous po tions of the Cost of the Work: 11.6.2,1. , for casts. incurred uridcr pamgmphs l l-4.1 and It 4.2, the CONfKACTOR'.s let 4al I hefiftcen perccnr. 11.6:2r2: fdr costs incurred under paragraph 11.4.3, the CONTRACTORS fee shall be five percent 11.6.23: where one or more tiers of subcontracts arc on the hisisof Cost of the Work. plus a fee and no fixed fee is agreed upon. the 'intent.of:paragraphs. 11 a_1, 11,A;2, 11,4.3 and I1,6,2 ia. Ihat ihe'Suboontractor who. actually performs: or furnishs,die Work, at -whatever tier, .will be paiditfec:df fifteen percent of the.cost% ll.AA and 11A.2' aril be. 11.6.2,4:. Ad fee shall be payable on the basis of,costs itemized under paragraphs 11,4.4, 1 1.4.5 and II.Si 11.6.15: the, amount of credit, to be allowed by, CONTRACTOR to OWNER for any; change which results'in a net, decrease in cost' will be the amount of die actual net decrease in cost plus a deduction in CONTRACTOR's fee byan.amotmt equal to five percent of such:riet decreuse; and - 11.6.2.6: when both additions and credits are involved 'tit airy. one change, the aeljustmem in N COTRACTOR's fee -shall be computed on the basis of the net c}tange in accordance with pamgraplisl1.6._.l through 11.6.2.5, inclusive. 11,7, Whenever the cast. of any Worl•. is to he 25' I 1 1 i 1 1 1 1 determined pursuant to paragraphs'] IA and 11,5: CONTRACTOR will establish- and .maintain records thereof in accordance with generally accepted;accounting practices and submit in form acceptable to �'GINHGR an itemucd cost breakdown togethei with suppcining data: Cash Allowances. -I 14. •11 isunderslo(A thatCOb1TRkTORhias included in the Coraraci Price all allowances so-,rmmed in the - Contract Docum rits'amd shall cause the Wort. so coveted tol furnishedl anti ,perfomted' foi such sums as may Fie acceptable to 6WNER'a W ENGiNEER CONTRAcrrOR agrees that:. 11,11:1. the allowances include the cost, .to CONTR4C-MOR.(less arty applicable trade discounts) of materials and cgwliment required by the allowances to be delivered at the situ.and all applicable _tarea; and 11.52. CONTRACTOR's costs for unloading and handling on theisite,.labor,:ituurliatiori,eosts,.overhead, profitand other expenses contemplated ;for the allewances'have been included in the ContracrPrice. and -net in the- allowances. and no demand for additional payme vch;kccuntofanyof the foregoing. Will be valid. 1 Prior to final pavrient an appropriate Change Order will be issued as recommended- by FNGINFF.Rto •n.11oct:acnral amounts due;CONTRACTORf.'.on account oWort. covered by allowances, .and the ContractPrice shall bi correspondingly adjusted. 1 1 1 1 1 1 1 1 1 11.9. Unri p4ce.wark I I.9.1. Where the Contract 1Jixumcnts pitivide that all or part of the Work is to bc. Unit Price Work, initially the Cointract Price ,wiaH be deemed to include feir:all: Unit Price - Woe an amount -equal' to the sum._of the established unit irides for each separately identified. item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement The estimated quantities of items of, Unit Rice Work are, not guaranteed, and are solely for the purpose of comparison ofBids rind dete_nn ring an initial Ci hn6L Price Determinanoris of the ictual',gtarwues and, classifications -of Unit Price Work performed by CONTRACTOR will be mails by ENGINEER in accordance with paragraph 9:107 11.92. Each unit price will be deemed to include an antauta' consiclered by CONTRACTOR to be:adequate- to cover CONTRACTORS overhead and. profit far each separately identified item. I1.9.3.OWNER or coNTRAcrOlk may make a claim for an ,adjustment in the Conliaci Price in accordance withAiticle I'll if: I L9.3.1. the quantity of any iteo. of Unit Price Work performed' try CONTRACTOR differs materially attd -significantly Gcan the estimated quantity of such item indicated in the agreement' �G EJCDC,ENFRALCON1X'nON9Uit)S(199VBdfio i), w/C37YOFFORT.00LLINSMOOIf CA'tfdNSIRL•'V-0,'xOanJ and 11.9:3:2.` there i's nu corres ridd ng adjuslinent with , respect to any Other .item of tVork; and u9.3.3. if CONTRACTOR believes that, CONTRACTOR is entitled to an- increase in Contract. Price as a resultof, haviing,• incurred additional,e.+cpense or. OWNER belteves that OWNER i9 entitled to a decease m Contrad Price and the parties ere ;unableto agree as to: the amountofarry.wuh ngesseordacrease. L1.9:3.4: CONTRACTOR acknowledges that theOWNI FR has the riaht to add or delete items in the Bid or change quantities at OWNFR'S sole discretion without afTectirut the Contract Price of any rcmmining item sci lone as. the. deletion or addition dues not exceed twenty-five Percent of the original total Contract Rice. ARTICLE 12—CFLANGF. OF CONTRACT TMIES 12.1. The C.intract'riines (or Milstoncs) may only be changed, by a G'hiange Order or a Wriaet Amendment. Any dami file an ad'uA ient of the Contras[ Times (or Milestones) shall Ixscd on written notice delivered by the party making the claim to the: other party and to F.'NGINFA4R promptly (but in no event later than thirty days) after the occurrenceof the event_ giviing rise to the claim and stating tlic,gencral nature of the claim: Notice or the extent of the claim with supponiitg data snuff be delivered within sbity days after such occurrence (unless FNGINF.F.R allows aikldtonal tittle. to ascertain mrae accurate data in support of the: claim) and shall be accompanied by the claimant'swritten statement that the adjustment chjun is is the entire adjustment to which the claimannt fins reason.to befieve -it is entitled as n"iesult of the occurrence of said event AU claims for adjustment in the Contract Times (or Milestones) shall N determined by ENGWF,F,R in., accordance with, paragraph9-11 if OWNER and CONTRACTOR cannot otherwise agree. No claim f& ae adaustitient in the Cortract Tunes (or A4lestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. I12. - All time limits sated' in the Contract Documents are of the essence of the Agridment. 12:3.• Where CONTRACTOR is prevented from completing any ,pact of the Work within the Contract Times (or Milestones) dueto delay beyondthecontrol of CONTRACTOR; the Contract.Times (or Mileslories) will be Owen ded in,in amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays l yond die: control of CONrkACTOR•shau include;'bui not be limited to. uets' or neglect by OWNER, acts or neglect of utility sinners or other contractors performing other work as contemplated by Article 7.. fires, floods., epidemics. abnormal weather conditions or sets. of Ond. Delayi attributable to and 1 I within the control of a Subcontractor or Supplier shall be below be' in ' deemed to be delays within the control of CONCRAC:TOR ,shall paid as provided said paragraph 13:9 and 12,4. Whcre CONTRACTOR is prevented from 13.4.3, as otherwise spL66cak, provided in the completing any part of the Work within the Contract Times Contract Documents. ' (oi Milestones) die to delay Beyond the control, of both OWNER and CONTRACTOR. an extension of the 13.5. if Laws or Regulations of any public body havistg Contrnct'T imes (or Milestones) in an amount equal _to the jurisdiction require any Work (or part thereof) specifically time lest due to such delay shall b� CONTRACTORs sole; uts to be pocied, tested or approved by' an employce or and exclusive remedy for• such delay. In no event shall' other represeidative of such public body. CONTRACTOR , OWNER be liable to CONTRACTOR, any Subcontractor„ shell assume full responsibility (cir arturigi ng. and any Supplier: airy, other perscn or ornamistiort or'to.ariy obtaining such impettiom. tests or approvals, pay alfcosis surety for or emplayee "or. aggent of. any of diem, for damages tesultirg from delays in connection therevvitli and furnish ENGINEER. the anspection arising out of or () caused rewired certificates of or .approval by or within the control of the c owrPuXCTOR or CONTRACTORt shall, also be respotnible for arranging (ir) delays beyotdthc control of both parties including but and obtaining and shall pay all costs in corneetion with not limited to. Cues; floats, epidemics abnormal weather any inspections, tests or appruvals required for -OWNER's conditions, _acts "of God or acts or neglect by utility owners and ENGINEER's acceptance of materials or equipment to. or other contruAcrs,perf6rini ng other work as'eontemplated be incorporated in the Work or of materials. mix designs. by'Articic7. or equipment submitted kin approval prior to. , CONMACTORs pureliase thereof Lot incorporation in the Work. ARmix I3-TESTS w) INsncrioNr ;. CORRF,CTION, kFUNIOVAL OR ACCb:PrANCE OF 136If any Wprk (or the work of others) that is to be DEFECTIVE, WORK. inspected, tested -or approved is covered': by CONTRACTOR without written concurrence- of F,%jaINF.ER, it must, if sequesfed by ENGINEER, be uncovered for observation: at Noticeofbefecls 13.7,- Uncovering ,Work as provided in paragraph 13_G Prompt notice of all refecdw,Woricof which OWNER cir shall. be atCONTRAC'r0R's expense unless , LNGiNEhR bav6 -scowl. k&wledgc will be given'to. COMMAC''COR,Kai given ENGINEER timely notice af' CONTRACTOR All daJective Work may be rejected,. CONTRACTOR'S iitention to cover the same and corrected of accepted as provided in this Article 1:3, ENGINEER has not acted with reasonable promptness in response to such notice, Acetic to Work: ' 'fJncm•oing fYark: 1327tVNEP ENGLNE.'ENGrTEEXs CLvmtta4. dxr peromel! oOI.oi 13:$• If .any Wook is covered.contairy .to'the written mdependenttesting laboratories and governmerual agencies request of ENGINEER. it motif if requested by With j4risductional irten'%s will hiive access to the Wtirk at I NG INEER be uncovered for ENGR IEER's observation ' renaenable-times: fair then observation . mspea iri& and and replacedatCON17RACTOR's extperw . testing: CONTRACTOR shall provide them proper and safe conditions- for such access and advise them of 13,9. If ENGNEER considers it necessary or advisable CONTRtACTOR's site safety procedures and programs so that avvered Work be observed' by, ENGNEER or ifint they may comply therzvkhas applicable. ir4ected. or tested by others• CONTRA' CrOR 'at ENGINEER's request, shall uncover, cxpose or otherwise Testiandinapretions:. make available for observation. inspection: or testing as - ENGINEER may requite, that portion of the Wcrk in 133: CONTRACTOR shall give ENGiNEER 'timely question, furnishing all necessary labor; material and notice'of readiness of the Work for all requires( inspections., equipment If it is found that such Work is defective. ' IrsU or approvals aril sFiall cooperate with impecmon and COi el (L4CTOR shall pay all claims, coils. losses and tcsiirg personnel: to facilitate required nnspeeaons or tests. damages, caused by, _arising, out of or resultirig from such uinmvenn& observation acspection and, tesii ng 13.4. OWNER shall employ and pay f(r• the services of unnd of satisfactory �replacemem or reconstnictimt, an independent testing laborulory to, perfium oil (including but not. limited to allcosts of repair or , inpeWons, tests, or approvals required by the .Contract replacement -of work i)f tthers);,and'OWNTER shall be Documents except: entitled to an•epproprate decrease in the Contract Price, and. if the parties art unable to agree as to the amount 13.4.1_ for inspections. tests or approvals covered thereof may make a claim therefor as proviited in by paragraph 13,5 below•; Aruele 11. If, however, such Work. is not fouaal to be ' &Jective, CON'1 RACroR shall he allowed an increase in 13.4.2. that costs incurred in connection with tests the Contract Rice or an emensionof the Contract Times or inspections conducted puisusnt to iwagraph 139 (or Milesmnes), or both, directly quributahle to -such 1-7 EAMCOhT MAL,CObW1MOD4191 tR 0990 Enlist) w/C3TY OF FOR'r COI:t:iM MOO111CAnoNs IREV •12000) I 1 1 uncoyeritg ezposurc.observatiein inspection testing, replacement and recorstructibn. 'rend, if the Parties :are unable to agree as to the amount, or. extent thereof, CONTRACTOR may make:e claim therefui asprovided in Articles.I land t2: O."ER Alay'Step the Work: 13.16. If the Work is defective, or CONTRACTOR fads to supply suliicieht skilled workers or suitable ma("Is or equipment or fails to furnish or'perform the Work vi such a way That thew leicd Work will confc rn to the Contract DecurrenM OWNER' mayrrder CONTRACTOR:a st the Walk, or any portion thereof: until the cause ftx such order has' been "eliminated, however, this right of OWNER to stop theI'Vork.shall not give r6k toan} duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or anysurety or other party. Correction err RemoiW ofDefeedve [Fork- 13:11. If required by ENGINEER, CONTRACTOR shell: promptly, as direLted, either correct all defectivv. Work;. whether or not fabricated, installed or completed, or, if the Work has been rejected -hy ENG INERR it Cram the site and mplacc it with Work that is .not rejective., CONTRACfOR shall jay all_t claims, costs, losses aril }emerges caused- 6y or rsultirg Gum,"such correouon or reimoval.(ua;ludirg but not limitel'to all casts of rcpalr or icpla'ccmartt of work of others), 13.12.Correction Period-. 13,12I,If within ene-"year tw.o ycars.afer the date of Substantial Completion or such longer. pencil "of time as "may be prescribed by Laws :or Regulations or by the firms of:a.y applicable special guarantee rtxluired b1t. the Contract Documents or by any, specific provision of the Contract fDocumertts, any Work is found! to ,fx defecthe CONTRACTOR shall promptly, atthoutcog to OWNER and in accordarn:e with OWNER!s written instructions:- (i) i:orrect.suchdefective Work, or, if it has been rejected by OWNRR remove it from d site and replace'it with' Work that is not iefective, and (ii) .satisfactorily carreetor remove and replace anydam age to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the reruns of such instructions, or*in an'emergency where - delay would cause serious risk of luss or damage, OWNER may have the detective Work corrected,ot the rejected Work removed'ancl repliu:4 and all claws, costs. losses and'damages caused by or resulting from such removal' aril repfiroement (including"_but ndt limited to all costs of repair or replacement of wart: of others) will be paid by CONTRACTOR 13,12.2.1n special urcwnstahces where a .particular item of equipment is placed in continuous service before "Substantial Cornplaioi of all the Work. the correction period for that item may start to ruri from an earlier date ifsoprovided in the Specificutions qr by. Wiii en .Amendment. 13,123_Where,dgeertvf Work (and damage to other �R SrDC GENERAL CONITI UOM 19tl)S tl49V EdiGam:P rv/ CITY OF FORT (At:rim moDimCA'rtIONS MEV 4.20601' Wort: resulting therefrom) has been corseted, removed or replaced under this paragraph 13,12; the correction periodhereunder with respect to suds' Work twill -lie e-xiended for an additional period of u�yaa¢ two years alter such correction or removal and replacement has been satisfactorily completed Acceptance ofDefe6ve Work: 13,13. if; instead of requiring correction or removal and replacement of defective Work. OXWi'ER (abet, prior to ENGINEER's recommenn datiooC,final payment; also ENGINEER),prefers to accept .a, OWNER may do.so. CONTRACTOR shall pay all chins. costs, losses and damages atti-buable_ to OWNER's evaluation of and detcrmination to accept such &tfeorire Work (such casts to be upproyczdby ENGINEER as to reasonableness):. If arty such acceptance occurs ,prior to ENGINF.ER's iccommendauon of fowl paymt m,.a•Change Omer will be issued incorporating the ncecssary revisions in the Contract Documents, with respect to the Work; and OWNER shall be enttled than appropriate decifease vtthe ContrRl Price, and;if the parties,are unable 0 agree. as to .the amount thereof, OW ER may,make a claim therefor .as. pmvidcd in Article .. If the.acccptance occurs after such recommen1�1 dation; am appropriate amount will bepaid by CONTRACTOR to OWNER-. ORfNERbfa3 rSaiiectDefecdOeN%m 13.14. 'It'CON'I'RACrQR failswithin-a.reasiviable dme after written notice from ENGINEER to correctdefectibe, Work.or to remove and replay rcjecud Work as required by FiNGENRER in accordance with paragraph 13A 1, or CONTRACTOR'fails to perform the Work in accordance with the'Contract Documents. or if CONZ M\CTOR fails to comply with any otlux prwision of the: Contract Documents.. OWNER _may, after seven days written ratice•to CONTRACTOR. cored aril remedy any such defrctency. In exercising the rights turd remedies under' this paragraph OWNER'shall proceed expecittiously, In connection with such corrective, and remedial action, 't.DWNER may.etcludeCONTRACTOR Gtnit all or pan of the site,, take possession of all; �v part, of -die Wor • land susPend CONTRACTOR's set vices refitted thereto. take possessin of CONTR'ACTORs -tools, appliances, airtstritctoion- "equipmem andmachinery at the siteand incorporate in the Work, all materials. and equipment store[ at the site, or for which OWNER has paid CONTRACTOR but which ire stored elsewhere. COl3'rmcroiz shall allow Ow4'NER; CImus representatives, agents and employees. 01ViYEWs.other contractors and ENGINEER and ENGINEER's Consultants access to the situ to enable OWNER to exercise the rights and remedies under this pamgrupft All claims, casts, losses and damages inctured or sustainer! by OWNER in exercising such rights arul remedies will be charged against CONTRACTOR and a Change Order Will be'.isuecl incorporating the necessary revisions in the. Contract' Do uments with respect to the Work. and OWNER shall be entitled to an appropriate decrease in the Contract Price,: and. if the parties are unable to agree as to the amount thereof. OWNER may make a claw therefor as, provided in Article 11. $uch claims, cosh's, losses and I damages will, include but nix be limited to all costs of repair or replacement of work of others dcstrcye& or damaged, by, correction removal or replacement of CONTRACTOR's,defective Work "C.ONTPACTOR shall not be showed"an,e..tfcmion of the Contract Tunes (Cr rr"ilestones) because of arty delay in performance of.the: Work att ibutible'to the exercise by.O.WTIER of OWNE.R's rights and remedies hereunder. ARTICLE 14-P.►_Y!1MNTS TO CO1V?A RACTOR.NU COMPLETIO.�f Sf*&&1a'0j1io/uer. 14,1. The scheditic of values established as provided in paragraph 29 willserveeslhe basis for progress payments. and will lne. incoiparatcd into a. fomn of Applicaucin for Payment acceptable to ENGINEER Progress payments on accountofUnii'Priee Work µtill be based'tin the number of units completed.. ApplicaRan for, Progrees Payment 142. .At least twenty, days before the date established for each progress payment (but not more otlen than-Pnec, a - month). CONTRACTOR shall submit -to ENGCt E R feu review an Application for Payment filled out anal signed by C'ONTRACI'OR covering, the Work completed as of the dat< of the Application and accompanied by such supporting documentation as is required by the Contract t ocumcnts. It' payment is requested on the Basis of materials and equipment not incorporated in the Work but defiv6vd and suitably .stoted at the .site or at anther location agreed•,tu in %mung, the Application for Paymunt. shall alsohe nccompanied by a bill -of sale; invoice or other documentaucat warranting that OWNER has received the materials -and equipment free and clear of all Liens and evidence that the'motedais"mid equipment,are co'vered'by appropnale property 'mi stuance and othti arrangements to. protect, OWNM's' interest therein, all of which will be: satisfactory to OWNFR. The amourd of retninage with respect to progress payments will be; as stipulated. in:the of see. CONTRACTOR's Warmnry of Tide: 143. CONTRACTOR in vaants and gumtimees that title to all -Work, materials and equipment covered by any Application for Aquient whether .incorporated in the Project or nut_ will pass to OWNER no.later than the'.timc of payment free and clear of all Liens. Review of.4pplicadom jor Progress Payment 14.4. fiivGINEER will. within ten clays after receipt of each Application for.Paymient, either indicate in"wrifing a recommendation of payment and present theAppliattion to OWNER, or rettim the Application to CONTRACTOR indicating in writing.ENGINEER's reasons for refusing to recommend payment, In the latter case, CONTRACTOR may .make -the necessary eotrectioris and resubmit: the .Application. 'Fen days after pprreeu.ntaticn of the Apphtzttion-for Payment to OWNER with ENGINEER's recommendation. the amountrecommerided will (.subject to the provisions of the last sentence of paragraph 14.7) become "due imd when due will be paid by OWNER to CONTRACTOR 14.5. ENGINEiR's recommendation of any payment requestal 'in an Application for Payment will constitute a representation by FNGINFPR to OWNER. based on 6NGiNEER's cn-site observations of the eiecutcd Work as an expericnceil and qualified dosiymprofessional and on ENGINEER'S review of the App*pIi tion for Payment and the accompanying data and sctiecltrles, that to the best of +NGINEER's knowledge, infonttation and belief 195.1. the Work- has progressed to .the (mint indicated, 145 thequality of the Work is'.gancraliy in accordance' with the Contract Documiints_ (subject (n' in,cvaluation of tho Work an a,functioning whale prior to mi upon'Substantial Cianpletiin, to the results of any subsequent tests called for in Hie Contract Doc:umctits, to a final diKenriirrstion of quantities and classifications for Una Price. Wool; *under paiagru, 9.10, and to arty dtker,quilifieatitiits,statcd in the recommendation), and, 14.5.3: the conditions preceidcrd to CONTRACTOR's being entitled to such payment appear to. !rave liven- fulfilled irrinfar as `it ei ENGiNEER's responsibility to observe the Work. However, 'by recommending any such payment 'ENGINEER will not: thereby be deemed to have represented" that: ():exhaustive or continuous on;site Fctiom have been made ti,ehe"ck the quality or the hty of .the Mirk beyond the reesponsrbrhtics spefically assigned To ENGINEER in the Contract Documents,or (it) that there mayy riot be other matters or issues between the .parties tlrat might,, entitle CONTRi\CTOR to be piiid additionally by OWNER or entitle OWN M. to withhold payment to CONTRACTOR- 1a.6. I ENGINEER's recommendation of any payment, including final paymentshall not mean that ENGINEER is responsible for CONTRACfOR's' means, methods, techniques, sequences or Procedures of cors_ufiction or the safety precaulions.and programs incident thereto,. or for any failure of CONTRACTOR to comply with Laws' and Re6ulatioiu" applicable to the furnishing or. performance of Work,or for any Endure of CONTRACTOR to ,perform or finish Wyrk in accordance with the Contract Documents 14,7,:F;NGIN6ERmay refusetorecommend the whole or any part of tuty payment iG in ENGINEERS opiniom it, would he incorrect to make the represemmlons to 1 1 !J 1 1 I FJ(1COE'NMAL,C0Mxn0;J3' 191tF8(1990E:M01), 29 ' wi dry OF FORT' COLLI M MOOmgCAt10NS (REV ,120aq) J 1 I I 1 1 1 11 OWNER reeened to -in paragraph 14,5; ENGINEER may alsoxefuse to recommend'any such payment, or;,because of "subsequently discovered evidence, or the results. of subsequent ihspections`or tests, nullify, any such payment previously ricomen mrled ,to -such' axteitt as' may be ec nessary in ENGINEERS o_pinign to :protect OWNER, from loss because. 14.7.1., the Work is clrfichw, or completed Work has. becridam aged requiring correction or ropla2Lracni. 14.7,2.. the Contract "Price has, liecri reduced by Written Amendment or Change Oroler, 14.73. OWNER has been required to correct 'dafvireo Work ot'completc-Work ih�acccrdmtcc'with ' paraguph 13.14. or 14.7.4. ENGINEER, has actual knowledge of the eccurrencc. -o£_-any' of the events enumerated' in paragraphs I5.1: i through 15.2.4 inclusive. OWNER may refuse to make payment ofthe frill amount reeommended by ENGINEER. because:. 14.75, claims have been; made against OWNER, an accountofMWrRA(.:rOR'sperfoirnance,orfamishing of the worki 14.7.6: Liens have been filed in ,connection wiih: the, Work, except where CONTRACTOR has delrveted'a. specilic,Bond.satuthacryto OWNER to secure the satisfaction and discharge of such Liens. 14.7.7, there are other items entitling OWNER to a sd- offaga'urst the amount recoitimcnded: or 14.7:8. OWNER has aual knowledge, .of the: occurrence of any of the 'events, enumerated in paragraphs 14.7.1' through 14.7.3 or, paragraphs 15.2.1 through 15,2,4 iriclusrve. but OWNER must give CONTRACTOR immediate. .Written notice (with a" ropy to ENGTNEF.R) stating, the reasons for such Action And promptly pay CONTRACTOR the amount so withheld. or 5ny.adjustmenr thereto agreed, .the by OWNER Arid CONTRACTOR: when CONTRACTOR corrects; to OWNER'ssatisfaction the reasons for such action Substantial Cumpledirn: 14.8. When CONTRACTOR carisi lers the entire Work ready for its untended Use CONTRACTOR. shall notify OWNER and 0,10INEE R in writing that the entire Work is subslwd!apy complete (except for items specifically listed by CONTRACTOR as uw•omplete) and request that ENGINEER issue a certificate of Substantial -Completion; Within a. reasonable. time dieroalier, OWNED. CONTRACTOR and ENGINEER shall miike art inspection of -the Work to determine the states of completirin. If ENGINEER does Oat consider the Work substantially complete: ENGINEER will notify CONTRACTOR'." in writing giving the reasons therefor_ If ENGiNEER FiICOCGh-1ERV. COIW X-IMION S 1A101t 0A''/V Ediniml: Alt' Wf MY OF'FORT COLLII5h1001FICNrIONS(M4tlGKP considers the Work-substatitially complete. ENQINNMR will prepare and deliver to OW'NfiR a tentative certificate of Substamial'CumpletiCm which shall Rcthe date of Substantial. Completion. There shall be attached to the certificuCc: n. tentative list of items to be cumpleted or corrected before final payment, OWNER shall linve seven days after receipt of the tentative certificate during which to make written objection to ENGINEER' asto any provisions of the certificate or attached list. If,' after considering such oojcctiurlk FNGINFMR concludes that the' Work is not substantially complete,'ENGINE ER' will wit m fourteen .days after subrnission of the tentative certificate to OWNER -notify CONTRACTOR "in writhdg stating the reasons therefor. IC after coreidcmm on of OWNFR's objections F.r•NGINEER considers the Work stibstantially complett, F.NGiN6ER will ivithin said ,fourteen days execute and deliver- to. OWNER and CONTRACTOR a definitive certitiaw of Substantial Completion (with's revised tentative list of items to be cirmplcted or corrected) reflectmg.such changes from the tentative certificate as ENGINEER believes justified after consideration of arty ,objections front OWNER. At the time of delivery, of the tentative certificate of_Substeritial CON rRA(TT0 j a written recommendation as to division of responsibilities parading final' payment betiveeh' OWNER and CONfRACTOR'with respect to security, operation, safety, maintenance, heat, :utilities,.'insurance and warranties and guniantees: Unless OWNS -Rand CONTRACTOit agm otherwise in writing and so inform FNG[NEF1R in wnting priar to ENGL�IFFR's issuing the detimtive certificate of Substantial Completion, ENGINEER's aforesaid'recommendation will be battling an OWNER and CONTRACTOR until final payment 149,. OWNER shall have the -rig1V to exclude CONTRACTOR Cram the Nook after the dale of Substmiiial Completion.but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on thctentativc list Partial UElization: 14.10: Use by'OWNER at OWNF.R's option of any, substantially completed part of the Work, which; '(i) has specifically been identified in the Contract Document-, or (u) OWNER ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable .put .of the Work that can' be used by OWNER- for its untended purpose without significant 'interference " with CONTRACTOWs perforance of the.remiffider.of the Wak, may be accomplished prior to "Substantial Completion of a ll''Ihe Work subjectto the following: I4.In.1.0WNER ,at Any time may request CONTRACTOR in ivriting to Permit OWNER to use any such part of die Work which OWNERbelicves ro' be ready for its intended use and substantially QUM I ts. If CONTRACTOR ages that suei pail of the Work is substantially complete, CONTRACTOR will certify to -OWNER and ENGINEER that such g�rt of the Work is substantially complete and request GiNEER to issue a 'certificate of Substantial Completion "for that part of the Work". I CONTRACTOR stay time may not fy.OWNER and ENGINEER n writ rig Ihm CONTRACTOR ctmsiders any suck pert of the Work ready for its intended use and substantially cumpletc and, request E14011MCk to issue a certSLgtc of Substantial Completion fur that put of the Work Within.a reasonable time after either such request, OWNER, CONTRACTOk and C�i IGINEER shall make an ipwection of that part of the Work to determine its status of completion If ENGINEER itmsnot consider, that part of the Work to be suksiantially complete. CNGIN EER will notify OWNNEk7 end CONTRACTOR in writing givitg the reasons therefor. If.6'NGG*XR considers that part of the Work to be subsiantiallycomplete, the provisions of pamgmphs.14.8 and 149 will.apply with respect to ccrttlicatioh of Substantial Completion of that pare of the'Work and the division of responsibility in respect thereof and access thereto. 14.10 _: No occupancy or separate operation of pan of the. Work will be accomplished,prior to compliance with the requiremerits•of paragraph 5.15 in respect of property insurance: Kral Inmecnbn: 14,11. Upon written notice from coN'rRAC'rOR that the entire Work or an agreed portion thereof is complelc, INGNT-E1i will make a final " ctiori'with OWNER .and CONTRACTOR, and will nn6 CCITRAL'TOR. in writing of all particulars in which this inspection rev.eats that the Work is incomplete or defective: CON'rRACrOR. shall immediately take such measures as are necessary to complete such work or rcmody.such deficiencies Final Application for Payment•. 14.12. Alter 00INTRA(701Z has completed all. such corrections to the satisfaction of ENGMER and delivered in :accordan_ :accordance with the Cantraci Documents ' all' maintenance and operating instructionk, schedules; guarantees, Bonds. certificates or other evidenceof insurance required by parsggrraapph5.4, certificates of inspection, marked -up record documems (as.provided in paingraph6.19) mid other documents; CONTRACTOR - may, make applicatiian. Tor final' payment following the procedure for progresspayments. The final .kpptication fat Paymnent .shall be accompanied Seiccept, as- previously. delivered) by: (:) all documentation called for in the Contract DocumentEL including but' not limited to the evidence of insurance required by subparagraph S_a_I3,. ((u) consent of the surety. of •( any.. to final paymerd. -and ii) complete arid legally effective: releases or waivers. (satisfactory, to OWNER) of all Liens arising out of or filed in connection with,the Work. In lieu of suck releases or wai4ers of Liens andas approved by OWNER, CONTRACTOR may fiunish receipts or releases in bill, and aftidavii of CONTRACTOR that: (i)the releases and receipts include all labta..serv'iues material and equipment for whine. a Lien could be'Cil«l, anti' (i) all, payrolls. material and equipment bills, and other indebtedness connected with the Wort: for which OWNER or OWNFR's property might in any way be responsible have been paid or otherwise satisfied If nity. Sub contractor or. Supplier fails; FX'OCOENh7tAL,C0!,a talOv5l9l"(t990 Edliuu. w/ CITY OF FORT.COLLIM N106MCA1710N9 tREV •W00e) to furnish such a . release or receipt in full. CONTRACTOR may furnish a Bond or other collateral satisfactory.to OWNER' to indemnify OWNER' against any Lien Releases or waivers of liens and the consent of the surety to finalize pavmrem-are. to'be`submitted do forms conforming to die format of the OWNER'S standard forms bound in the Proietx manual: FYaal Payment mdA'cceptance: 14.13. if, on the basis of ENGrr - -R!i observation of the Work dinning uvslructiun and' Cmel ittspection. and ENGINEER's review of the final,Application.for Payment and accompanying documentation as required, by the Contract Documents, F14GINEER. is satisfied that the Work has been completed and CONTRACTOR's other obligations under the CmtraZt Documents have been fulfilled, ENGINEER will, within ten days alter receipt of the final Application fee ,Payment, indicate in writing 'ENGINEER's rocnmm&dation of payment and pros t .the Application to OWNER for payment. At the same tinic.ENGINEF.R will also give written notice to OWNER and'C:OMMAGrOR that the Work s aoceptablc suatijeci to the provisions: of paragraph 14,15. Otherwise, IAANGINF.RR will return, the Application to CONTRACTOR, indicating in writing the reasons, for refusing to• recommend final payniim, in which: cave CONERACTOR'shall make the necessary mRCctiors arid resubinit tlie. Awlicatitii. 'Thirty days after presentation to the Application and accompm in appropriate. fenn and substance acceptability, the amount recommended by ENGINEER will bccchic due and will be paid by OWNER to 14.14. It' through no fault of CONTRACTOR. final_ compleCion of the Work-in significantly delayed and if ENGINEER so catfriiis, OWNER shall, upon receipt of CONTRACTOWs'funal ,Application ,6* Payment and recommendation of ENIOINEER, and without iermimtting the Agreement, make payment of the balance due for that remaining balance to be by OWNER for Work not fully completed or corrected is less than the: retairage stipulated inthe Agreement and if: Bonds have -been hi niched as required in ptmgraph 5.1, the written consent of the surety to the payment of the balance due for that portion of:the W6rk fullycompleted and accepted shall,be submitted by CONTRACTOR to PNGR4M, with the Application for suchpayment. Such, payment -shall be made under the terms and conditions. governing final paymcnk except that it shell not comtitute .a'wanver of claims, ll' iv er .ifClaima: 14.15. 'rhe makingarid aeeicptance of final paynncid.yvdl ccxiwtute: 14,15.1.a waiver of all 'claimsby OWNER, against CONTRACTOR eecopt claims arising from unsetded Gier s Tro ti ct�(earh'e Work appearing after. '31 I 1 i I I 11 I I IJ funnel m5pe`tlon puusuant to paragraph 14.1 I, .from failure to comply with the Contract rk=mems or the 'terns of any special guarantees specified thircin or from CONTRACT.OR's continuing obligations under the Contract Documents: and 14.15.2.A waiver of all claims by CONTRACTOR agairsi OWNER' other than thosa previously made in writing and still unsettled.. ARTICLE 1-SUSPEVSION OF WORK AND TERINUNATION 01PA ,11ay SLspend Work 15.1. At any time and without cause.. OWNER may suspend the Work or any ration thereof for a period of not more .than: ninety days by nolior in writing .to CONTRACTOR and ENGINEER which will fir, the date on which Won; will he resumed CONTRACTORshall. resume the Work on the date so fixed CONTRACTOR shall be 4nowed an adjustment in the Contract trice or an extension bf the, Contract Times, of loth, directly attrihutiblc to any.such = �tcinn if CONTRACTOR makes. are approved claiin .therefor as ,provided, .in Articles l,l and 12. OWNER Hay Terminate:. I5.?: Up'cai the occurrence of any one or more of the fallowing events, 15;21if CONTRACTOR persistently fails to perform the kk . in accadartcc with the Cixitreact Dociumaints (itrchad ng'but not limited to. failure to supply sufficient skilled Workers or suitable materials to equipment or failum to.,pdherc to tlx: piogress idwdulc established under pyaragmph2.4 as ndjtubted from -tuna W three pursuant to pamjmoh 6.6); ' 15.22 if CONTRACTOR disregards. Laws" or Regulations ofany public body, having jurisdiction: 15.11, if CONTRACTOR disregards the a0tho ity of ENGINEER or 15.14, if CONTRACTOR 6therwise violates in any substantial ivay my provisions of the Contract Documents: OWNER may, aQer gii•ing CONTRACTOR (end the surety,. if.Im' seven dayse written notice and to the extent permitted by Laws and Reguliliam, terminate the services of CONTRACTOR: exclude C0_NTRA(-TOR from Elie site. and take: possession of the Work. uiul ,of' all' CONTRACTOR's ;tools, appliances, construction equipment and machinery at the site and use the some to the Cull extent they could be used,by CONTRACTOR (without liability to CONTRACTOR. for trespass or conversion). incorporate in the- Work all materials and equipmem stored at thaste or ftirwhich'OWNF.R has raid •SJCDCGENFRV. CONUI' ONSIliU-s tt9110 Eai(iml• 32 WCUY OF FORT COLLIMMO01FICA7IONS IRL•'VA201pn" CONTRACTOR but which are stored elsewhere, and Finish the Work as OWNER may deem etpediem. in such case CONTRACTOR shall not be emitled to receive any further payment until "the Work is finished If the unpaid balance of'the Contract Price exceeds all cleims, costs, 1�ea and damagessustained by OWNER arising out of or resulting, from completing the Work such excess will be paid to CONTRACTOR If such claims oasts, losses and damages exceed such .unpaid balance, CONTRACTOR shall pay die,diffarenio to OWNER, Such claims,.costs. losses and'damagis incurred by OWNER will be reviewed by ENGINEER is to -their ieasormbleness and when su approval by 6NGLV PER incorporated in a;Chirme Order, provided that When exercising any rights or remedies under this pamgaph,OWNkR shall not be required'to obtain the lowest priec'for the Wort; performed, 15.3. Where CONi'RACTO)R's services have been ,so terminated .by OWNER; thetennimticn will not allect any rights or remedies of OWNER_ against CONTRACTOR then ypsting or which may thereafter accrue, Any retention or payment of moneys due CONTRA(:1'OR' by OWNER' will not. release. C:ON'i'RACTOR from liability, -Upon- . seven days' written notice to CsONTRAC `fO)R and ENGINEER, OWNER.' •may, without cause and _without piejudice to any other right or remedyof 0W.NE.: elect to'temiinale the Agreetuetu: In such I case:., CONTRACTOR' shall; be paid (vithout duplication of any,iterris): 15.4.1. for completed and acceptable. Work executed in:accordance with the Contract Documents prior to the efTectivc,datc of'iennination,t including fairand reasonable- stinisfer-&eihend and profit on such Work 15.4.2. for expenses sustained prior to the effective date of terming" n an performing services and Ctknishing Inboi roetbrials or equipment as required by the, Contract `I)acumenls in connection with ur completed Work, plus fact and'reasonable sums Cor overrun" and profia on such exrenszs: 154,3" for all claims, ucosts. 16sses and damages incurred, scme-rneritof"ttrmimatid contracts..Wah Subcontractors; Suppliers arid olhars;,and 15;4:4, for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss raising out of or resulting. from such termination CONTILtCTOR May Stop Work or T'erdinate: 15.5. 1C through no act or fault of CONTRACTOR, the Work is suspended for a'penotl of, more than ninety days by OWNER or under an order, of cwut or other public authority, or ENGINEER faiWtc, act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days "m pay coNrRAC`f OR any I MCI LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal' items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal' item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement'. The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. sum finally determined to be due. then CONTRACTOR may upon seven days' written notice to OWNER and ENGINT-E i, and proev ii ed OWNER orENGDVMR do not remedy such suspenstcm or failure within that time, terminate the Agreentrnt and recover from OWNER payment on the sarnelterms as prorided_iri "graph 15.4, In lieu of terminating the Agreement and without prejudice to any other nighl. or remedy. ti lu IGPIEER has failed to act on an Applrgation for Payment within thirty days after it is submitted, or OWNER has failed for thirty nays to pay CONTRACTOR any staff, finally determined to be clue,. CONMACTOR may -upon seven days' written notice to OWNER and ENGINEFR'stop the Work until payment of all such amounts flue CONTRACTOR, including interest thereon The provisions of this paragraph 1 are not intended to pia:lude CONTRACTOR from making claim under Articles t 1 and 12 for an itrczeitse in ConWcl'.Price or Contract Times ci'othenvise for rcpertscs or damage directly attributable to CONTRACTOfes stopping Work as permitted by this paragraph. ARTICLE 16—DISInrTE RESOLUTION if,anrd to the cacrtt: taut OWNFR and i<C)N'I'RACTOR have agnhd on the method and procedure lot. resolving clisputis between them, that mayarise under this Agrimmcm, such dispute resolution method and procedure, if any, shall'be as set forth, in Exhibit GC-e1,, *Dispute Resolution .Agreement", to be attached heret6-andmade a part hereof. .If no such agreement on the mcthai and procedure for resolving such disputes has been rcached,, and mbject to the provisions of par graphs 9,10. 9.11 and 9,12. OWNERand CONTRACTOR tray exercise such .rights or.remcdim as either may otherwise Have under the Contract DoZ- tint its or by Laws or Regulations in respect of uny.disp.utc, ARTICLE 17-NEWELLArN'EOUS ding Nrirred: 17.1- Whenever any provision of the Contract Docurn'ts'requires the givu4 of written notice; it will be deemed to have been vandly given if delivered in person to the `ndiviilusl, or to a. member of the firm, or to an officer of the.corporaLion for whom it is intended; or if delivered at or sent by -registered or certified maik,postage prepaid; to the last business address Fotbwn to the .ever of the notice. 17:2: Computation of Tiiim% 17.2.1. When any periodarf time is referred to m the CorrUki Documents by days, it %Yill be computed to delude ' l.ht'-fust. and include the last clay of such period. If the lest.day'of any such period falls on a. Saturday or Sunday or out a day made a legal holiday by the law of the "applicable juriscliction. such day will be omitted from the conarivation XW, 06NUC iL,CONPIT16Ny.191(R 0990 Edtiul) wl c7ry OF FORT COLLINS A1061FICATION9 (REV •1201YO 67r2.2: A calendar day of twenty-fdur hours measured from midnight to the=xt midnight will constitute a jai. Vorice of Uainc 17.3: .Should OWNER or CONTRACTOR b ffer injury Or damage to person or.prope:rty because of any error, omission -or act of the other party or of any of the other panj's employees or'agems or. others for whow. acts the other party is legally lialak. claim will be made'in writirg in the other party within reasonable time of the first observance o such injury or damage.. The provisions of this paragmph 17:3 shall not be construed as.a suhuimte for or a waiver of the piovi'sions of any applicable statute .of hot itutions or repose.Cumulafive Remedies: 17.4, The duties and obligations imposed by the= General Conditions and. the n.ghtsIand remedies available hereunder to the parties hereto. and, in particular but without- limitation, the warranties ,guarantees and obligations impiud upon, CONTRACTOR: by paragraphs 6.12, 6;16, 6:30, 631, 632; 13.1, 13.12; 1114, 14.3 and.l'5.2'and all;of the rightsand remedies available to OWNER and FNGMI ER. thereunder, are in addition to, and are not to be construed in any as.a limitation of •any rights cmd rumedics aver ilablu�to art y or all'of Them which are otherwise imposed or available by Laws or Acgulations�by spacial warranty or guarantee or-byotlter provisions of the Contract Documents; and the provi'sidrts of'this paragiaph.%iilll be as effective as iF repeated specitimllyin the Contract Uocumenti in connection with me" particular duty, obligation, right and rcpicdy to which they apply, PiaJessiuna! Feesand Court.Cox& laclu&& 17:5; Whenever reference is made to "claims;. cogs. losses and damages"; it shall include in cacti case, but not be limited to. apt fees mid charges of engineers, architects, attorneys and other .professionals *and all court or arbitrntiondr. other dispute resolution cttists. 176. The laws !)j the State o,�C lomdo app to is ens,. Reference to two bertinent Colorado statutes ,are as follows- 17.6.2. If ti claim is filed. OWNER is toquiied bv, law (CRS:38'26-107) to withhold from all -payments to CONTRACTOR . sufficicrit funds 'to insure the payment of all claims for labor. materials Bantu hire sustenance, oroyi5icns, provender. or othersupplies used or consumed b%, CONTRACTOR or' his 33 I 1 C 1 11 1 I 11 ' WDC UENMAL CONMOM9 1910E 41 y9V E(N im)j 33 wi CITY Or rORT COLf.1\S MO6IYICA'nON51RLVg2VV111 I I 1 I (This- pne ieft 35 WI aTY OF FORT COLLIMNIODIFICKM15 (REV -112000) I 11 I I I I I I r, I I I I I I I 1 I [J 11 1 1 1 11 I ,��,-siCDCCENRALCOwrnOM 191.o.x 11990Ediiiml, w1 CITY 04 roRT COLL1,-,s MODIFICATIONS lREV 4201g11 1 1 1 I EXHIBIT GC -A to General Conditions of the Construction Contract'Bchvccn OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTORhereby agree that Article 16 of the Ocricral•Civiuitions of the'Coistruction C:antrnct beiwean OtVNER and CONTRACTOR' is amended to include the following agreemrnt of the parties: 16.1. All claims, disputes and other, matters in question between OWNER and CONTRACTOR ansui g out of or relating to,thc'Cor tract Documents or the breach thereof (except for claims which have been waived by ifie making oraocr{uance of,fmal payment as provided by paragraph 14.15) will be decided, by arbitration in ,accordance with. the Construction :Industry Arbitmtion Rules of the American Arbitration Association then obtain m, subject to the limitations of the Article 16. This agreement so to .arbarste and any other agiecinent or consent of arbitrate entered into in accordance herewith as ptvided in --this. Article:16 will, bc.speci fealty enIbrrcable under the prevailing law or any court having jtuisdictie .16r2. Np "and for arbitration of any claim; dispute or_ other matter that is required to N referred to ENGL-MIZ iiiiiially for decision in .accordance with ptragraph'9.1 I will he made until the earlier of (a) the, laic on which h-NGINUR has rendered a written decision or (b) the thirty-first day after the panics have preso.rnted tlicir evidence toFNGMU� R if a written decision has not been rendered by hNGINFMR' before that date. No demand. for arbitration of'my- such claim,. dispute, or other matter will be made latex than thirty days after the date on which ENGINEEk has, renderid a Krntteri decision in,respect thereof in accordance with pamgraph'9.1,I; and the failure to demand arbitration withimsaid thirty clays. period will-. result in ENG[Ni1EER's decision being final and binding upcii OWNER and CONTRACTOR If ENGINEER renders a decision after. arbitration proceedings have barn "initiated, such decision may be entered as evidencebutwill, not supersede the arbitration procadings; except where the cdecision,is acceptable to the parties concerned, No demand for arbitration. of aM,- written decision of RNGnMER rendered in accordance with paragraph 9.10 will be made later tlalnten days after the party making such demand has delivered writter notice of intention to appeal as provided in paragjaph 9.1o.. 16.3. Notice or the demand for arbitration will he filed in writing with the other party to the Ameemem and 'with the American Arbitration Association, and a copy Kill be sent to EN-G=-R for information The demand for arbitration will be made within the thirty lay or tend iy period specilicd in paragraph 16.2 as appliicablc; and'inall other eases 'within a reasonable time after the claim. dispute. or other matter in question has arisen,and'in no eventshall. any such demand be made after the date when institution of legal' table procceduigs based on such claim, dispute or odicr" matter in question Would - tie barred by the applicable statute of limitations. OeDC CENTRAL CONDMONS 1910.8 (1990 Edtim) wi CITY OF FORT COT-llNa NfOGIFICATIONS.(RFV 9N9) 16,4. Except as provided iu ptuagaph 16.5 below, no artiitintion arising. out of or relating to the Contract Document's shall include by contsolidation, joiridec or marry. other manner any other person or entity (including ENGINEER 'ENGINEERs Consultant and the officers,. .directors, agents, employees .or'contiultants.of any of them) who is riot party. to this ctnfracrunless: " 16.4:1. the. inclusion of such other,person or entity is necessary"if complete relief is to be'afleodcd among those who.W already parties to,thearbitratiom and 161.4.2, such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties m the arhitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person. or entity sought ,to be included and of OWNER _and CONf TRACTOR has been_ohiained for such inclusion;. which consent shall make specific reference to. thin paraggrraaph; but no such consem.shall constitute consent to,arliitration of any dispute not specifically described in such consent or .to arbitration with any party not specifically identified in such consent. 16.5; Notwithstanding paragraph 16.4. if:a claim, dispute or other matte in question bttween OWNER: and CONTRACTOR involves the Work, of a Suboraractor, either OWNER o r CONE RAC'lOR may join ouch Subcontractorasn party to the arbitandan between'OWNF.R-. and CONTRACTOR fiernindcr. CONTRACTOR shall include in all. subcontracts required by paragraph 6:11 a specific. provisionwhercb)' the Subcontractor coiments.to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph, 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim: right or cause ofaction infavor of Subcontractor and against OWNER, ENGINEER or' ENGPTEER's Coraultants that does not otherwise eiost. 16,6. 'The award rendered by the arbitrators will be final, judgment may be -entered upon it in any court having jurisdiction thereof arid' it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and .all unsettled clauns,. counterclaims disputes and. other matters in question between them aristrng. outof or relating to the Contract Documents or the breach thereof ("disputes") to mediation by' the American Arbitration Association. under the Construction Industry' Mediation Rules of the American Arbitration Association prim to eitherof them initiating ugainst the other a demand for arbitration pursuant. to paragraphs 16.1 through 16.6, unless delay in rotating arbitration would irrevocably prejudice one of the partics.. The respective thirty and ten day time limits within which Cc file a demand for arbitratioi as provided in paragraphs•- 16.2 and 16.3 above stall be susperidod with respect to a. dispute sutunitted to mediation within those same appI ble'time limits and shall remain suspended until tent days after the termination of the mediation. The mediator of anydispute submitted to mediation Linder this Agreement shall'rwt serve as arhitrntor-of such dispute trnlessotherwise agreed. MIAI t 1 1 1 11 I I 1 I Eld)C: OENERAL CONUIUOM 191 M I1 911 Ed im1 ' wi. CITY OF FORT, (7OW"1j4$ NMT)IFICATION3:IRF'V 91941 G6AI SECTION 00800 SUPPLEMENTARY CONDITIONS ' 1 1 1 1 I 1 r I [1 SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. ' SC-5.4.8 Limits of Liability ' A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph ' numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits ' Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and ' Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits ' (CSL). 5.4.9 This policy will include completed operations ' coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). I 1 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment t SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Hot Applied Chipseal Overlay CONTRACTOR: A-1 Chipseal Overlay PROJECT NUMBER: 7256 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: cc: City Clerk Contractor Project File Architect Engineer Purchasing DATE: DATE: DATE: DATE: I 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. ' 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. t11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. ' 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made ' by addendum. Bids received after the time and date for receipt of Bids will be JI Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as NUMBER DATE AMOUNT follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00 CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. M = = = i = = = M = = = = = = = = i ® ® ® ® ® ® M ® ® M 1=1 M M M M M M M APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 STORED MATERIALS PAGE 4 OF 4 ® ® ® M =1 ®® ® ® M M M MIMIm M M M M SUMMARY On Hand Item Invoice Previous Number Number Description Application Received This Period Installed On Hand This This Period Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 2011 HOT APPLIED CHIPSEAL OVERLAY GENERAL REQUIREMENTS INDEX SECTION 01010 Summary of Work 01040 Coordination 01310 Construction Schedules 01410 Testing 01510 Temporary Utilities 01560 Temporary Controls 01700 Contract Closeout 01800 Method of Measurement and Basis of Payment PAGE NUMBERS General Requirements 1-3 General Requirements 4-5 General Requirements 6-7 General Requirements 8-9 General Requirements 10 General Requirements 11 General Requirements 12 General Requirements 13 I 0 SECTION 01010 SUMMARY OF WORK 1.1 DESCRIPTION OF WORK A. This work shall consist of application of a Polymerized Emulsified Asphalt Chipseal followed by a Hot Cover Coat of Aggregate, called HOT APPLIED CHIPSEAL OVERLAY including manhole and valve box adjustments on designated streets in the City of Fort Collins. Specific locations are described in Section 3500, Project Map. B. Protection and Restoration. 1. Replace to equal or better conditions all items removed and replaced or damaged during construction. 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 Project Manager, shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover the Owner' s costs in providing field services because of such work. Thecost forinspection 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/Kathleen Maddux will be the Project Manager/Project Engineer. Darren Moritz 970-221-6218 Office 970-556-1495 Cell Kathleen Maddux 970-221-6615 Office 970-222-8781 Cell F. Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's convenience. I 1 I 1 Project Specifications - Page 2 of 13 e 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: Xcel Energy Emergency 1-800-895-2999 Local Contact: Pat Kreager 970.566.4416 Telephone: UNCC / 1-800-922-1987 Local Contact: Debbie Kautz 970.689.0635 Traffic Operations: City of Ft. Collins, Colorado 221-6630 Cable Television: Comcast 493-7400 Utility Notification Center of Colorado (UNCC) - 811 1-800-922-1987 AGENCIES Safety: Occupational Safety and Health Administration (OSHA): 844-3061 Fire: Poudre Fire Authority Non -Emergency: 221-6581 Emergency: 911 Police: City of Fort Collins Police Department Non -Emergency: 221-6540 Emergency: 911 Postmaster: US Postal Service: 225-4111 Transportation: Transfort: 221-6620 Traffic Engineering: 221-6630 END OF SECTION Larimer County Sheriffs Department: Non -Emergency: 221-7177 Ambulance: Poudre Valley Hospital Non -Emergency: 484-1227 Emergency: 911 Project Specifications - Page 3 of 13 SECTION 01040 COORDINATION 1.1 GENERAL CONTRACTOR RESPONSIBILITIES A. Coordinate operations under contract in a manner which will facilitate progress of the Work. B. Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner of performance of operations which affect the service of such utilities, agencies, or public safety. C. Coordinate operations under contract with utility work to allow for efficient completion of the Work. D. Coordinate all operations with the adjoining property owners, business owners, and surrounding neighborhoods to provide satisfactory access at all times and keep them informed at all times. 1.2 CONFERENCES A. A Pre -construction Conference will be held prior to the start of construction. 1. Contractor shall participate in the conference accompanied by all major Subcontractors, including the Traffic Control Supervisor assigned to the project. 2. Contractor shall designate/introduce Superintendent, and major Subcontractors supervisors assigned to project. 3. The 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. Program Manager, Project Manager, and Project Representative. 4. Traffic Control Supervisor 5. Others as may be requested by Contractor, Project Manager or Owner. Project Specifications - Page 4 of 13 I 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 Representative 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 Project Specifications - Page 5 of 13 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 or Project Manager, 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. I Project Specifications - Page 6 of 13 11 1 returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. i'F��Z�]1=I�II►t:�Y� � � Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established 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 1 I 1 AI Project Specifications - Page 7 of 13 SECTION 01410 TESTING ' 1.1 GENERAL A. Provide such equipment and facilities as required 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 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. Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner. ' 1.3 CONTRACTOR'S RESPONSIBILITIES A. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible for and shall pay all costs in connection with testing required for the following: 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 standby 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/City Representative. B. Contractor shall notify the City 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 engineers employed by the Owner. The Contractors' control system shall specifically include all testing required by the various sections of these Specifications B. Superintendence: The Contractor shall employ a full time Superintendent to monitor and coordinate all facets of the Work. The Superintendent shall have adequate experience to perform the duties of Superintendent. ' Project Specifications - Page 8 of 13 1 SECTION 01410 , TESTING C. Contractor's quality control system is the means by which he assures himself that his construction complies with ' the requirements of the Contract Documents. Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction schedule. D. Records: Maintain correct records on an appropriate form for all inspections and tests performed, instructions ' received from the 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 the City Representative weekly. END OF SECTION Project Specifications - Page 9 of 13 ISECTION 01510 TEMPORARY UTILITIES ' 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. [1 I 1 1 1 C I I END OF SECTION Project Specifications - Page 10 of 13 SECTION 01560 TEMPORARY CONTROLS 1.1 NOISE CONTROL A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated areas. B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. C. Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 a.m. 1.2 DUST CONTROL A. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing. 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. See Project Specifications Section 208 Storm Water and Inlet Protection and Section 04000 Environmental Standard Operating Procedures (ESOP) contained herein. 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. 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. 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 City 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 Project Specifications - Page 11 of 13 I ISECTION 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. END OF SECTION 1 I Project Specifications - Page 12 of 13 SECTION 01800 METHOD OF MEASUREMENT AND BASIS OF PAYMENT 1.1 DEFECTIVE WORK A. Owner will not pay for defective work and will not pay for repair or additional work required to bring the project to a point of acceptance. 1.2 BID PRICE A. The Total Bid Price covers all Work required by the Contract Documents. All work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included in the prices bid for the various items of Work. B. Prices shall include all costs in connection with the proper and successful completion of the Work, including furnishing all materials, equipment and tools; and performing all labor and supervision to fully complete the work. C. Unit prices shall govern over extensions of sums. D. Unit prices shall not be subject to re -negotiation. 1.3 ESTIMATED QUANTITIES A. All quantities stipulated in the Bid Form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The basis of payment shall be the actual amount of materials furnished and Work done. B. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amount of Work actually performed and materials actually furnished and the estimated amount therefor. END OF SECTION Project Specifications - Page 13 of 13 I tSECTION 02000 PROJECT SPECIFICATIONS The Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction", 2011, and the current Larimer County "Urban Area Street Standards" (hereafter referred to as the "Standard Specifications"), are made a part of this Contract by this reference, except as revised herein, and are hereby adopted as the minimum Standard Specifications of Compliance for this project. In those instances where the Standard Specifications conflict with any of the provisions of the preceding sections, the preceding sections shall govern. INDEX OF REVISIONS SECTION 104 Scope of Work - Traffic and Parking Control 105 Control of Work ' 108 Prosecution and Progress 208 Erosion Control and Inlet Protection 210 Reset Structures 409 Hot Applied Chipseal Overlay - Chip Seal 409 Hot Applied Chipseal Overlay - Hot Applied Overlay 627 Pavement Marking 630 Construction Zone Traffic Control I I I 1 I 1 1 REVISION OF SECTION 104 TRAFFIC AND PARKING CONTROL Section 104 of the Standard Specifications is hereby revised as follows: 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, date and times that the message on the sign is in effect. (For example, if a street is to be sealed 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., HOT CHIP OVERLAY.) See sample "NO PARKING" sign. "NO PARKING" signs shall remain in place until the street is opened to traffic and all clean up operations are completed. All information on the "NO PARKING" signs, with the exception of the type of work, date and times 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. In the event the Contractor deems it necessary to remove a vehicle that has not adhered to the "NO PARKING" notification, the Contractor shall first make every reasonable effort to locate and contact the owner of the vehicle. Should the Contractor be unable to locate the owner of the vehicle, the Contractor should notify the City Representative to arrange for any required towing. If the "NO PARKING" sign has been in place for a minimum of 24 hours, then the City will make every reasonable effort to remove the offending vehicle within four (4) hours of notification by the Contractor. The Contractor shall not be entitled to any additional compensation for delays associated with the towing of illegally parked vehicles. Any work done by the Contractor without traffic control or traffic control "NO PARKING" signs shall not be paid for under the terms of this Contract. The Owner shall deduct $1,000.00 for each traffic control day for said conditions. At or near the end of each work day, a representative of the Contractor, 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 for subsequent days . The quantity of traffic control devices used that day and for the next day shall be agreed upon by the Contractor and the City Representative, any necessary adjustments shall be made. At this time the Contractor shall also review with the City Representative the proposed means of handling parking and traffic control for the upcoming work. It is the responsibility of the Contractor to minimize any inconvenience to the public as a result of their work. The Contractor shall maintain access at all times to all businesses. The Contractor shall communicate their schedule to businesses and residents at least 48 hours prior to work commencing. Any changes in the traffic control, as directed by the City Representative, including additional signs, barricades, and/or flaggers needed in the field shall be immediately implemented. Traffic Control costs including but not limited to equipment, equipment mobilization/demobilization/modification, Traffic Control Supervisor (TCS), flagging personnel, vehicles, phones, notification delivery, hand signs, communication devices, sandbags, and all other related incidental items required for traffic control under this contract shall be considered a subsidiary obligation of the Contractor in connection with the various items of the work. No measurement or payment shall be made separately for traffic control related items as specified in the specifications or as directed by the City Representative but shall be included under the unit price for the Work. See SECTION 630, Construction Zone Traffic Control. Project Specifications — Page 2 of 32 I I H I 0 D I I I D I D ii; I I U I NO PARKING Wed JUlY 2 7mmOO AM - 6mm00 PM HOT CHIPSEAL OVERLAY END OF SECTION Project Specifications — Page 3 of 32 I by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 1 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. ' 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. ' 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that ' the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of I 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, although such work or materials have been previously inspected by the City Representative or that payment 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 periodically throughout the day, but in no case shall the area not be cleaned after the completion of the day's work. It shall be the Contractor's responsibility to provide the necessary manpower and equipment to satisfactorily clean the roadway area. The Contractor shall utilize a combination of pick-up brooms, side brooms and/or other equipment as needed to clean the streets. All sweeping and clean up equipment shall be approved by the 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 City forces, the Owner shall deduct sufficient compensation from the Contractor to cover the Owner's cost of said service. All cost of maintaining the work during construction and before the project as accepted will not be paid for separately, but shall be included in the work. END OF SECTION Project Specifications - Page 4 of 32 n REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised as follows: SCHEDULE Subsection 108.03 shall include the following: A schedule of work must accompany any bid, and shall include number of working days per area to complete all unit work items covered by the contract. Vicinity maps of each area are included in Section 03500, Project Maps. The schedule should take any priorities into consideration. The schedule should also include projected start and end dates. Individual street quantities are described in Section 02500, Quantity Estimates. Prior to award, mutually acceptable milestones shall be determined by the Contractor and the City based on the schedule of working days discussed above. D LIMITATION OF OPERATIONS Subsection 108.05 shall include the following: 11 [I I 0 rh Q The work shall be completed within the following calendar months: -----®®®---- ----- . ---- [ DETERMINATION AND EXTENSION OF CONTRACT TIME Subsection 108.08 shall include the following: Work hours shall be 7:00 a.m. to 6:00 p.m., Monday through Friday, or as approved by the City Representative. Time restrictions may be enforced when work is required on arterial streets particularly at major intersections and on Saturday and/or Sunday installation may be required. Also see Section 630, Construction Zone Traffic Control. All Work is to be completed within thirty (30) consecutive working days after work commences and during the months of June through August. FAILURE TO COMPLETE WORK ON TIME Subsection 108.09 shall include the following: Failure to meet the agreed upon milestones, mobilize to an area within days specified in 108.08, or fully complete the project in thirty (30) working days, shall result in liquidated damages assessed against the Contractor. At the City's option, liquidated damages in the amount of $1,000.00 per day may be retained from any monies due the Contractor, or the City may retain an additional (s) to complete the work, or portion thereof, and retain any costs incurred above and beyond the bid prices of the Contractor from any monies due the Contractor in lieu of liquidated damages. END OF SECTION Project Specifications — Page 5 of 32 I REVISION OF SECTION 208 EROSION CONTROL AND INLET PROTECTION Section 208 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 208.01 shall include the following: 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, pollution of any state waters, and infiltration of construction materials into the inlets. 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). 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 off site, related to erosion caused by construction of this project shall be the sole responsibility of the Contractor. MATERIALS Subsection 208.02 shall include the following: Contractor will submit the type of material to be used for erosion control measures prior to beginning the work. See Section 03000. Straw wattles shall not be allowed. 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 an aggregate stockpile shall be required. Recycled Rubberized Inlet Protection shall meet the following requirements: 1. Infill material: Shredded recycled rubber 2. Weight: approximately 10 lbs per linear foot 3. Diameter: Approximately 9 inches 4. Geotextile fabric: Made of a durable fabric with a typical weight of 6-10 oz/yd. CONSTRUCTION REQUIREMENTS Subsection 208.03 shall include the following: 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 that may enter the inlets during the course of the work. 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 operational before the drainage basin is stabilized. Project Specifications — Page 6 of 32 I I 1 i r I I I I 1 I I REVISION OF SECTION 208 EROSION CONTROL AND INLET PROTECTION 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. 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 on the run off side. Curb-oneninP- 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 properly disposed. Sediments shall be removed immediately from the traveled way of roads and streets. METHOD OF MEASUREMENT Subsection 208.11 shall include the following: Payment will be made by the lineal foot for gravel or recycled rubber wattle inlet protection devices installed and accepted at each location within the work area or as required by the City Representative. The length shall be sufficient to protect the inlet opening and sides of the inlet grate. Excessive lengths shall not be paid. 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. Payment for straw bales shall be made by each protection device per location installed and accepted or as required by the City Representative. 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 be paid separately. Street sweeping for sediment from inlet protection will not be measured or paid for separately but shall be incidental to the work. A protection device shall be installed at load sites and on the down hill side of stock piles or as directed by the City Representative and shall be considered incidental to the work and shall not be paid for separately. All construction material that enters an inlet due to work under this contract shall be removed from the inlet interior and removed from the site to an approved disposal location. This work shall not be paid for separately. Project Specifications — Page 7 of 32 I REVISION OF SECTION 208 EROSION CONTROL AND INLET PROTECTION BASIS OF PAYMENT Subsection 208.12 shall include the following: Payment will be made under: Pay Item Unit 208.01 Stormwater Protection - Rock Sock Wattle Lineal Foot 208.02 Stormwater Protection — Recycled Rubber Wattle Lineal Foot 208.03 Stormwater Protection - Straw Bales Each The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, traffic control devices, personnel, and related traffic control 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 8 of 32 REVISION OF SECTION 210 RESET STRUCTURES Section 210 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 210.01 shall include the following: The work shall consist of removing, resetting, or adjusting existing manholes, water valve boxes, and survey ' monument boxes. CONSTRUCTION REQUIREMENTS Subsection 210.02 shall include the following: Manholes, valve boxes, survey boxes, and all other similar structures located in a pavement shall require adjustment as noted below. Prior to beginning any construction on existing streets that will receive reconstruction and/or overlay, the Contractor shall mark on the curb and gutter with white paint the location of all existing structures. These markings shall be maintained by the Contractor until the work has been completed and accepted by the City Representative. The Contractor shall do all work needed to ensure that said structures can be readily adjusted and shall have all necessary materials, equipment, and tools on hand prior to commencing the work. Contractor shall verify that manholes and valve boxes can be adjusted prior to installation of the Work Manholes shall be adjusted to be 1 /8"- 1/2" below the pavement. All Valve box adjustments shall be no greater than 0 1/4" below the pavement. When the manhole adjustment is complete, the slope of the top surface of the manhole cover shall match the slope of the pavement in both the longitudinal and traverse directions to within one percent (1%). Any manhole cover which is unstable or noisy under traffic shall be replaced/re-installed by the Contractor or as directed by the City Representative. The Contractor shall be responsible for immediately cleaning all construction materials that may fall into manholes, valve boxes, inlets or other structures during the construction process. The City Representative will also notify the Contractor in writing of any structures that were covered during the paving operation. The Contractor shall then have five (5) working days to make said structure accessible or will be subject to a reduction in payment for sufficient compensation with respect to a third party completing the work. Subsection 2 10. 10 shall include the following: The City Representative shall determine the method of adjustment for each structure. The method of adjustment for each Valve box structure shall be as followings: 1. Adjust by turning the existing top section to the proper grade. Heating the inside only of the top section with a torch will be permitted. This item will be measured and paid for separately under "Adjust Valve Box". 2. Adjust by inserting Tyler 6860 Series, Item R 69, Screw Type Adjustable Riser manufactured by the Tyler Manufacturing Company or an approved equal, including material (parts). This item will be measured and paid for separately under "Adjust Valve Box with Tyler 6860 Series, Item R 69, Screw Type Adjustable Riser, Including Parts". IProject Specifications — Page 9 of 32 I REVISION OF SECTION 210 RESETSTRUCTURES 3. Adjust with adjusting rings. These items will be measured and paid for under "Adjust Valve Box with Ring", excluding material (parts). Riser rings shall be provided by the City. The Contractor shall exercise reasonable care while attempting to adjust the valve boxes. If the Contractor is negligent and breaks the valve box, said valve box shall be replaced at the Contractor's expense. The method of adjustment for each Manhole structure shall be as followings: 1. Manholes shall be adjusted with locking adjusting rings. This item will be measured and paid for separately under "Adjust Manhole with Locking Ring". Locking rings shall be provided by the City. In the event that the structure is not adjusted within said time frame, The City shall have the right to engage a third party to complete the work, and to withhold the cost of such work from payments due the Contractor. METHOD OF MEASUREMENT Subsection 210.12 shall include the following: The accepted quantities of Adjust Manholes, Valve Boxes, and Survey Monuments will be paid for at the contract unit price per each. Traffic control, non -shrink backfill, concrete, haul and disposal will not be measured and paid for separately but shall be included in the contract unit price for each type of adjustment. BASIS OF PAYMENT Subsection 210.13 shall include the following: Payment will be made under: Pay Item Unit 210.01 Adjust Valve Box Each 210.02 Adjust Valve Box with Tyler 6860 Series, Item R 69, Screw Type Adjustable Riser, Including Parts Each 210.03 Adjust Valve Box with Ring Each 210.04 Adjust Manhole with Locking Ring Each The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, required traffic control devices, personnel, and related traffic control incidentals, and for all work involved in adjusting structures, complete -in -place, including haul and disposal, as shown on the plans, in the specifications, and as directed by the City Representative. END OF SECTION Project Specifications — Page 10 of 32 REVISION OF SECTION 409 HOT APPLIED CHIPSEAL OVERLAY ISection 409 of the Standard Specifications is hereby revised as follows: DESCRIPTION 1 Subsection 409.01 shall include the following: This item shall consist of furnishing and applying asphalt material and cover coat material on an existing surface, in ' accordance with these specifications and in conformity with the lines and grades of the existing surfaces including all labor, materials, and equipment. ' CHIPSEAL MATERIAL ' Subsection 409.02 shall include the following: Asphalt Emulsion I I I I I Polymerized cationic rapid set emulsified asphalt (CRS-2P), or equivalent, shall be an emulsified blend of polymerized asphalt, water, emulsifiers, and polymer. The asphalt cement shall be polymer modified prior to emulsification and shall contain a minimum of 3% styrene-butadiene-styrene (SBS) block copolymer by weight of asphalt cement. The emulsion, standing undisturbed for a minimum of 24 hours, shall show no milky white separation, but shall be smooth and homogeneous throughout. The emulsion shall be capable of being pumped and suitable for application through a distributor truck. The CRS-2P shall conform to the following specifications: Tests on Emulsion (CRS-2P) Minimum Maximum AASHTO Test No. Viscosity, at 50°C, Saybolt Furol, sec 50 450 T 59 Storage Stability, 24-hr, % Max 1 T 59 Particle Charge Test Positive Positive T 59 Sieve test, % Max 0.10 T 59 Demulsibility, % Min 40 T 59 Oil Distillate by Volume, % Max or Range 3.0 T 59 Residue by distillation/ Evaporation, % min 65 T 59/ CP-L 2212 Tests on Residue Minimum Maximum AASHTO Test No. Penetration, 25°C, 100g, 5s, min, dmm 70 150 T 49 Ductility, 25°C, 5 cm/min, cm, min T 51 Ductility, 4°C, 5 cm/min, cm, min T 51 Solubility in Trichloroethylene, % min 97.5 T 44 Elastic Recovery, 25' C T 301 Float Test, 60' C, s min T 50 Toughness, in-Ibs, min 70 CP-L 2210 Tenacity, in-Ibs, min 45 CP-L 2210 Project Specifications— Page 1 I of 32 I I REVISION OF SECTION 409 HOT APPLIED CHIPSEAL OVERLAY a) The Contractor shall submit a Certificate of Compliance from the supplier for the above testing. This certificate shall verify that the material conforms to the applicable Project Specifications and Revisions within the construction year. b) CP-L 2212 is a rapid evaporation test for determining percent residue of an emulsion and providing material for tests on residue. CP-L 2212 is for acceptance only. If the percent residue or any test on the residue fails to meet specifications, the tests will be repeated using the distillation test in conformance with AASHTO T-59 to determine acceptability. c) For polymerized emulsions the distillation and evaporation tests will in be conformance with AASHTO T- 59 or CP-L 2212 respectively with modifications to include 205 +/- 5° C maximum temperature to be held for 15 minutes. d) The Demulsibility test shall be made within 30 days from the date of shipment. The material shall be accepted at the distributor. 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. The Contractor shall supply samples for testing upon request of the City. A one -quart sample of the emulsion shall be submitted from the first delivery. The source of the base asphalt, polymer, additives, and supplier shall be stated on the sample and shall not change during the course of construction. Emulsion Storage Suitable storage facilities and containers for the asphalt emulsion shall be provided and shall be equipped to prevent water from entering the emulsion. If necessary, suitable heat shall be provided to prevent freezing. Aggregate Cover Coat Material (Chips) All materials shall be pre -tested by the Contractor, at no cost to Owner, in a qualified laboratory as to their suitability for use in hot applied chipseal overlay 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 aggregate cover coat shall be washed, hard, durable, clean rock and free from coatings or deleterious material and clay balls. The presence of oversized material and/or clay balls shall be grounds for rejection. All aggregate shall be crushed gray granite with 100% fractured faces. The aggregate shall have minimum loss of 20% when tested with the LA Abrasion procedure as defined by ASTM C131, grade C or D. Only one type of aggregate shall be used and shall conform to the following specifications: The report will provide the following information: Test on Cover Aggregate Maximum Test LA Abrasion, % loss 20 ASTM C 131 Flat & Elongated (3 to 1), % 12 ASTM D4791 Absorption, % 2 AASHTO T 85 Sodium Sulfate 15 AASHTO T 104 Magnesium Sulfate 20 AASHTO T 104 Faces Fractured, % 100 Minimum ASTM D5821 Plastic Index (Fines) Non -Plastic Project Specifications — Page 12 of 32 I I I 0 I I I 0 [Il I D I Lei I U I I U I I I I I 1 REVISION OF SECTION 409 HOT APPLIED CHIPSEAL OVERLAY GENERAL CHIPSEAL APPLICATION TABLE Material 1/2" Chip 3/8" Chip 1/4" Chip CRS-2P-Chipseal 0.40-0.45 Gal/SY 0.35-0.40 Gal/SY 0.29-0.33 Gal/SY CRS-2P-Fogseal 0.12-0.15 Gal/SY 0.10-0.13 Ga1/SY 0.08-0.12 Gal/SY Aggregate 24-28lbs./SY 22-26lbs/SY 20-24lbs/SY Laboratory gradations shall meet the following table: Gradation Sieve Size 1/2" Chip Seal 3/8" Chip Seal 1/4" Chip Seal 3/4" 100 100 100 5/8" 100 100 100 1/2" 90-100 100 100 3/8" 0-70 90-100 100 1/4" 0-20 0-40 90-100 No. 8 0-3 0-3 0-3 No. 200 0-1.5 0-1.5 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, Hot Applied Chipseal Overlay. This certificate shall be supplemented by laboratory test data performed by an independent testing laboratory at no expense to the Owner. Once the materials are approved, no substitution will be permitted, unless first tested by the same laboratory and approved by the Project Manager. ' Bituminous Film When tested in accordance with (ASTM D 1664), the aggregate shall have a retained bituminous film above 95%. Aggregates that do not meet this requirement may be used for surface treatments and seal coats provided a satisfactory chemical additive or wetting agent is used to provide a water-resistant film. Use of chemical additives or wetting agents is subject to prior approval or may be waived I by the Project Manager. Moisture Content The moisture content of the cover aggregate at the time of application shall not exceed 2% of the weight of dry aggregate. Stockpiling of Aggregate Precautions shall be taken to insure that stockpiles are carefully mixed immediately prior to use to insure uniform distribution of the moisture, and that they do not become contaminated with over -sized rock, clay, silt, or excessive amounts of moisture. The stockpile shall be kept in areas that drain readily. Segregation of the aggregate will not be permitted. Also see Section 208, Erosion Control and Inlet Protection. No portion of the right of way may be used for storage of any materials or equipment. The Contractor is solely responsible for finding and securing a suitable staging area. The location of the staging area must be submitted and approved by the Project Manager prior to use. Written authorization to use private property to store equipment and materials shall be obtained from the property owner and submitted to the Owner prior to mobilization and use. The Owner shall be allowed access to the load site at all times. The Contractor shall also submit a letter of indemnification to the Owner and the property owner. 1 IProject Specifications — Page 13 of 32 counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER hall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing and Risk Management Division or the City Clerk's office. A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. 23.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. 24.0 BID RESULTS. For information regarding results for individual Bids send a self-addressed, self - stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION REVISION OF SECTION 409 HOT APPLIED CHIPSEAL OVERLAY CONSTRUCTION REQUIREMENTS Subsection 409.04 shall include the following: The Contractor shall notify residents and businesses at least 48 hrs prior to start of Work. Review Sections 104 and 630, Traffic Control. The flyer or door hanger shall be submitted to the City Representative for approval one (1) week prior to construction. The flyer shall include a local or toll free contact number for the Contractor and include the following: "Learn more about the City of Fort Collins Street Maintenance Program and find answers to common questions by visiting www.fcgov.com/streets". Limitations Bituminous material shall not be applied on a wet surface or when the air temperature is below 60' F or the pavement temperature is below 70' F, unless otherwise specified, when weather conditions would prevent the proper construction of the seal coat, or as directed by the City Representative. Subsection 409.05 shall include the following: Equipment All equipment, tools, and machines used in the performance of this work shall be maintained in satisfactory working order at all times. Unsatisfactory equipment shall be removed and replaced without delay or cost. Descriptive information on mixing and applying equipment to be used shall be submitted for approval a minimum of seven (7) days before commencement of work. The equipment shall conform to the following minimum requirements: Proportioning Devices Yield estimates with supporting documentation from the metering devices and material delivery tickets will be provided by the Contractor daily. Calibration Equipment shall be calibrated in the presence of the City Representative prior to construction. Documentation shall be provided, including 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). Verification Test strips, of at least two hundred (200) square yards for each mix used, may be required for each machine and each mix used after calibration and prior to construction. Project Specifications— Page 14 of 32 I REVISION OF SECTION 409 HOT APPLIED CHIPSEAL OVERLAY ' If the test sections do not conform to the specification requirements, the hot applied chip installation 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. Cleaning Equipment A minimum of two vacuum designed sweepers having only negative air pressure at the road surface capable of removing excess aggregate and debris material shall be used on this project. The body hoppers of the vacuum sweepers shall be a minimum capacity of ten cubic yards, and the negative air pressure at the intake shall be rated at forty six inches of negative water pressure. Sweepers shall meet applicable U.S. Environmental Protection Agency Standards. No mechanical pick-up brooms will be allowed on the project. Bituminous Distributor A minimum of two like distributors shall be used. The distributors shall be self -powered and capable of providing a uniform application rate of emulsion varying from .05-1.00 gallons per square yard over a variable width up to twenty feet in a single pass. The uniformity of the distributors shall not vary by more than two - hundredths (0.02) gallon per square yard. The distributors shall be equipped with a variable power unit for the pump and full circulation spray bars, which are adjustable laterally and vertically. The nozzle angle and bar height shall be set to provide one hundred percent of double coverage in a single pass. Where multiple passes are I required to complete the full width, the four inches adjacent to the second pass may be left with fifty percent coverage so that the next pass will complete the full application rate specified. Distributors shall be self -powered and include computerized application controls, a tachometer, pressure gauges, accurate volume devices, calibrated tank, and a thermometer for measuring temperatures of the emulsion in the tank. Necessary 1 precautionary measures shall be taken to prevent diesel fuel or other cleaning solvents from contaminating bituminous material. ' Aggregate Spreader The Aggregate Spreader shall be equipped with a computerized rate control for applying 1/2" chipseal material at a uniform rate of application on variable widths of surface up to 18 feet. ' The aggregate spreader shall be self-propelled and supported by at least four tires on two axles capable of providing a uniform application rate of aggregate from five to fifty pounds per square yard over a variable width up to twenty feet in a single pass. The uniformity of this machine shall not vary by more than one pound per ' square yard. The aggregate spreader shall be equipped with the means of applying the cover coat material to the surface with computerized application controls so that the required amount of material will be deposited uniformly over the full width of the bituminous material. Other types of aggregate spreaders may be used a provided they accomplish equivalent results and have been approved. Rollers A minimum of two (2) rubber -tired rollers shall be used on the project unless otherwise requested by the City a Representative. The pneumatic tired rollers shall be self-propelled and the gross load adjustable to apply 200 to 350 pounds per inch of rolling width, as directed. Tire pressures or contact pressures may be specified for the pneumatic tire rollers. Tire pressures on each roller shall not vary more than plus or minus 2.0 psi. The wheels on the rollers shalt be equipped with adjustable scrapers, which shall be used when necessary to clean the wheel surface. Depending on the speed of the chip seal operation and the width of coverage, additional rollers may be required. At no time shall the rollers travel more than ten miles per hour. The rollers shall be maintained in good condition and be operated by experienced roller operators. IProject Specifications — Page 15 of 32 0 I REVISION OF SECTION 409 a HOT APPLIED CHIPSEAL OVERLAY Sweepers A rotary broom or other approved sweeping or blowing equipment meeting applicable U.S. Environmental Protection Agency Standards shall be used to windrow excess material to be picked up. A minimum of two (2) a vacuum designed sweepers having only negative air pressure at the road surface capable of removing excess aggregate and debris material shall be used on this project. The body hoppers of the vacuum sweepers shall have a minimum capacity of ten cubic yards, and the negative air pressure at the intake shall be rated at forty six inches of negative water pressure. Sweepers shall meet applicable U.S. Environmental Protection Agency Standards. Subsection 409.06 shall include the following: Surface Preparation a The street shall be swept and cleaned of all debris before chip seal application. The surface and gutter shall be cleaned and all debris removed for the full width to be treated immediately prior to application of the bituminous material. Dust and other material in depressions or other places not removed by mechanical sweepers shall be swept with hand brooms or removed by use of flushers. The City Representative may, require washing of the pavement where other methods of cleaning do not provide an acceptable surface. Material removed from the surface shall not be mixed with the cover aggregate. Bituminous material shall not be spread until the area to 0 receive chip seal application has been cleaned to the satisfaction and approval of the City Representative. All vegetation shall be removed from the surface to be sealed prior to any chip seal placement. The work shall be performed within two weeks of surfacing. Any dead or remaining vegetation shall be removed before sweeping D and applying the chip seal. Vegetation may be removed by burning when in the opinion of the Project Manager such burning causes no safety hazard or air pollution nuisance. The Contractor shall be responsible for the locating, protecting, and cleaning of all utility covers following the application of material. The method and procedure shall be submitted and approved by the City Representative. See Section 210, Reset Structures. Inlet protection for erosion control and construction material infiltration into the inlet shall be required at all inlets prior to start of Work. See Sections 208, Erosion Control and Inlet Protection, and Section 4000, Environmental Standard Operating Procedures. a Subsection 409.07 shall include the following: Material Application 0 The aggregate application rate for the 2011 Hot Applied Chipseal Overlay Project shall be in accordance with the General Chipseal Application Table for 3/8" aggregate. The emulsion application rate for the 2011 Hot Applied Chipseal Overlay Project shall be in accordance with the General Chipseal Application Table and be 0.35 to 0.40 Gal/SY or as directed by the City Representative. The Contractor shall check application rates regularly throughout the day and provide a daily application rate to the City Representative. General D The specific emulsion and cover aggregate application rate shall be determined using factors such as surface temperature, traffic volume, existing road condition, and time of year. The application rate may be modified at any time during the course of the construction upon approval by the City Representative. Project Specifications — Page 16 of 32 n I I L, I I I 0 r� I I i 0 I I I REVISION OF SECTION 409 HOT APPLIED CHIPSEAL OVERLAY Emulsion Application Bituminous material shall be applied by means of a pressure distributor in a uniform, continuous spread over the section to be treated and within the temperature range of 125 -185' F. The distributor shall be moving forward at the proper application speed at the time the spray bar is opened. A strip of building paper at least three (3) feet in width and with a length equal to that of the spray bar of the distributor plus one (1) foot shall be used at the beginning of each spread. If the cut-off is not positive, the use of paper shall be required at the end of each spread. The paper shall be disposed of in a lawful manner. Any skipped areas or deficiencies shall be corrected. Junctions of spreads shall be carefully made to assure a smooth riding surface. The length of spread of bituminous material shall not be in excess of that which trucks loaded with cover coat material can immediately cover. The spread of bituminous material shall not be more than four (4) inches wider than the width covered with aggregate from the spreading device and shall not spread onto the concrete, gutter, or crosspan. Under no circumstances shall operations proceed in such a manner that the bituminous material be allowed to chill, set up, dry or otherwise impair retention of the cover coat. Application rate shall be sufficient to prevent streaked appearance in the final surface. The distributor, when not spreading, shall be parked so that the spray bar or mechanism does not drip bituminous materials onto the surface of the street, gutters or private property. During all applications, the surface of adjacent structures shall be protected in such a manner as to prevent their being spattered or marred. Any areas inaccessible to the distributor shall be sprayed by hand. All sidewalks, gutters or other surfaces where spatter is excessive, in the opinion of the City Representative, shall be immediately cleaned. Subsection 409.08 shall include the following: 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. Aggregate Application Immediately following the application of bituminous material, aggregate cover material shall be spread in quantities as designated. Spreading shall be accomplished in such a manner that the tires of the trucks or aggregate spreader at no time contact the uncovered and newly applied bituminous material. If directed by the City Representative, the cover coat material shall be moistened with water to eliminate or reduce the dust coating of the aggregate, however, excess dust will be a cause for rejection of the aggregate. Immediately after the cover coat is spread, any deficient areas shall be covered by additional material. Project Specifications— Page 17 of 32 u I REVISION OF SECTION 409 a HOT APPLIED CHIPSEAL OVERLAY Rolling Rolling shall proceed in a longitudinal direction, beginning at the outer edges of application and working toward the center. Each pass shall overlap the previous pass by one-half of the width of the front wheel or roll. There shall be a minimum of three (3) passes with the pneumatic -tired rollers over the entire surface prior to moving ahead. One pass will be considered the number of trips to cover the entire surface from one side of the street to the other and for the length being worked. The first rolling of the aggregate shall be made before the asphalt emulsion breaks (roller shall complete the first rolling within approximately two and one-half (2 %z) minutes of the emulsion spray application). In no event shall traffic be allowed on the treated surface until all rolling has been completed. The aggregate shall not be applied in such a thickness as to cause blanketing. At no time shall the rollers travel more than ten miles per hour. Sweeping After the application of the cover coat material the surface shall be lightly broomed or otherwise maintained as directed by the City Representative, for a period of three to four days. Maintenance of the surface shall include the distribution of cover coat material over the surface to absorb any free bituminous material and cover any area deficient in cover coat material. In those areas requiring additional cover coat material, the surface shall be rolled with a rubber -tired roller to embed the aggregate in the bituminous material. The maintenance shall be conducted so as not to displace imbedded material. At the proper time, as determined by the City Representative, all excess cover coat material shall be removed. Excess aggregate that is clean may be stockpiled and re -used in subsequent locations at the discretion of the City Representative. The City Representative may reject aggregate that has been previously applied upon visual observation of the stockpile. Clean up All material swept or blown onto sidewalks, all trash, all discarded chip 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. Fog Seal Application Three days after the application of the chip seal, or as directed by the City Representative, the Contractor shall sweep all excess aggregate from the roadway and adjacent areas and then apply a fog seal of diluted CRS-2P to all areas chip sealed under this contract. The CRS-2P emulsion shall be diluted 40 percent with water. The application rate shall vary between 0.10 and 0.12 gallons per square yard as deemed necessary by the City Representative. Quality Control/Quality Assurance a Samples of materials and of the finished chipseal surface shall be furnished as directed by the City Representative during progress of the work at no expense to Owner. The City Representative may use the recorders and measuring facilities of the unit(s) to determine application and yield rates. Yield estimates with supporting documentation from the metering devices and material delivery tickets will be provided by the Contractor to the City Representative on a daily basis. The City Representative shall schedule testing as required during the project and shall be notified 24 hrs in advance of all material deliveries. Gradation tests may be run on the aggregate and (residual asphalt) content a tests on the emulsion. Test results will be compared to specifications. The City Representative must notify the Contractor immediately if any test fails to meet the specifications. I Project Specifications — Page 18 of 32 1 I I REVISION OF SECTION 409 HOT APPLIED CHIPSEAL OVERLAY Frequency of assurance 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. METHOD OF MEASUREMENT Subsection 409.09 shall include the following: Chip Seal installation shall not be measured and paid for separately but will be included in the installation of the Hot Applied Chipseal Overlay, complete -in -place, including preparing street surfaces, furnishing all labor, material, tools, equipment, traffic control, incidentals and for all the work involved in placing the mix, including rolling. 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 be present at the time of delivery of all materials. Conformance with application rates will be determined from delivery tickets, minus any excess material not used on the project. It is the Contractor's responsibility to notify the Engineer 24 hours prior to delivery of materials so that a representative may ' be present. No payment will be made for materials delivered without proper notification. Test samples of the finished chipseal surface shall not be paid for separately. I I I 1 ' Project Specifications — Page 19 of 32 1 I REVISION OF SECTION 409 HOT APPLIED CHIPSEAL OVERLAY HOT APPLIED OVERLAY MATERIAL Subsection 409.02 shall include the following: Rubberized Liquid Asphalt Material (Tack Coat) Asphalt tack coat shall consist of a rapid setting cationic emulsified asphalt (CRS-2P). The asphalt cement shall be polymer modified prior to emulsification and shall contain a minimum of 3% styrene-butadien-styrene (SBS) block copolymer by weight of asphalt cement. The emulsion, standing undisturbed for a minimum of 24 hours, shall show no milky white separation, but shall be smooth and homogeneous throughout. The Contractor, or the supplier as their agent, shall deliver to the Project Manager, a certification signed by an authorized representative of the supplier that covers the quality and quantity of material and the condition of the container for each shipment. The emulsified asphalt material shall meet the following specifications: The emulsified asphalt material shall meet the following specifications: The CRS-2P shall conform to the following specifications: Tests on Emulsion (CRS-2P) Minimum Maximum AASHTO Test No. Viscosity, at 50°C, Saybolt Furol, s 50 450 T 59 Storage Stability, 24-hr, % Max 1 T 59 Particle Charge Test Positive Positive T 59 Sieve test, % Max 0.10 T 59 Demulsibility, % Min 40 T 59 Oil Distillate by Volume, % Max or Range 3.0 T 59 Residue by distillation/ Evaporation, % min 65 T 59/ CP-L 2212 Tests on Residue (b) Minimum Maximum AASHTO Test No. Penetration, 25°C, 100g, 5s, min, dmm 70 150 T 49 Ductility, 25°C, 5 cm/min, cm, min T 51 Ductility, 4°C, 5 cm/min, cm, min T 51 Solubility in Trichloroethylene, % min 97.5 T 44 Elastic Recovery, 25' C T 301 Float Test, 60' C, s min T 50 Toughness, in-lbs, min 70 CP-L 2210 Tenacity, in-lbs, min 45 CP-L 2210 1 I S 1 1 I I I I I I m I a) The Contractor shall submit a Certificate of Compliance from the supplier for the above testing. This m certificate shall verify that the material conforms to the applicable Project Specifications and Revisions within the construction year. Project Specifications — Page 20 of 32 m m I REVISION OF SECTION 409 HOT APPLIED CHIPSEAL OVERLAY ' b) CP-L 2212 is a rapid evaporation test for determining percent residue of an emulsion and providing material for tests on residue. CP-L 2212 is for acceptance only. If the percent residue or any test on the residue fails to meet specifications, the tests will be repeated using the distillation test in conformance with AASHTO T-59 to determine acceptability. c) For polymerized emulsions the distillation and evaporation tests will in be conformance with AASHTO T- 59 or CP-L 2212 respectively with modifications to include 205 +/- 5° C maximum temperature to be held for 15 minutes. d) The Demulsibility test shall be made within 30 days from the date of shipment. The material shall be accepted at the distributor. 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. 0 The Contractor shall supply samples for testing upon request of the City. A one -quart sample of the emulsion shall be submitted from the first delivery. The source of the base asphalt, polymer, additives, and supplier shall be stated on the sample and shall not change during the course of construction. aOverlay Aggregate The cover coat aggregate shall be %2" washed, hard, sound, crushed quarry stone (gray granite) free from dirt, organic matter, clay balls, adherent films of clay, or other objectionable material. The aggregate shall contain 100% fractured faces produced by the fracturing process. Manufactured aggregate shall not be used. All aggregate material used shall be of the same material source and must comply with the following: D Test on Cover Aggregate Maximum Test LA Abrasion, % loss 20 ASTM C131 Flat & Elongated (3 to 1), % 12 ASTM D4791 Absorption, % 2 AASHTO T 85 Sodium Sulfate 15 AASHTO T 104 Magnesium Sulfate 20 AASHTO T 104 Faces Fractured, % 100 Minimum ASTM D5821 Plastic Index (Fines) Non -Plastic The Aggregate shall conform to the following gradation: Sieve Size 1/2" Overlay 1/2" 90-100% 3/8" 60-90% 1/4" N/A No. 4 25-35% No. 8 15-25% No. 200 3-8% AC 20 5-5.5% Project Specifications — Page 21 of 32 REVISION OF SECTION 409 HOT APPLIED CHIPSEAL OVERLAY MIX DESIGN At least two weeks prior to commencement of work, the Contractor shall submit a signed mix design covering the specific materials to be used on the project. This design shall be performed by a qualified laboratory. 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 Manager 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. CONSTRUCTION REQUIREMENTS Subsection 409.04 shall include the following: The pavement surface temperature shall be a minimum of 50 degrees and rising. Subsection 409.05 shall include the following: General The Overlay shall be applied within five days of the CRS-2P chipseal application. The Contractor shall re -notify residents and businesses at least 48 hrs prior to starting second phase of the work. The Contractor shall be responsible for re -locating, re -protecting, and re -cleaning of all utility covers following the application of material. Inlet protection for erosion control and protection of infiltration of construction materials into the inlet shall be maintained at all inlets during the Overlay phase of the work. Equipment All equipment shall conform to the specifications under the Chipseal section, pages 14, 15, and 16 of these Project Specifications. In addition the overlay equipment shall conform to the following requirements: Bituminous Distributor: Asphalt distributor shall be equipped with a computerized rate control for applying the CRS-2P Tack Coat at a uniform rate of application on variable widths of surface up to 18 feet. The nozzle angle and bar height shall be set to provide one hundred percent of double coverage in a single pass. Paver The Hot Chipseal paver shall be of a type normal for the placement of hot asphalt material. The paver shall be self-contained, power propelled units provided with an adjustable activated screed, heated and capable of spreading and finishing course material on variable widths of surface up to 18 feet. Project Specifications — Page 22 of 32 I 0 0 f I'. I 0 U Ti I D I I I I I REVISION OF SECTION 409 HOT APPLIED CHIPSEAL OVERLAY Rollers A minimum of two self-propelled steel wheel rollers will be used to seat the hot chipseal. The steel drum rollers shall be double drum rollers with a loaded rate of five tons. A minimum of two or more passes shall follow immediately to seat and cool the material. The surface shall be available to traffic within 15 minutes after the rolling has been completed. The rubber tired rollers shall have a gross load adjustable to apply 200-250 pounds per inch of rolling width. Tire pressure shall be specified for the pneumatic tire rollers and shall not vary more than plus or minus 2.0 psi. At no time shall the rollers travel more than ten miles per hour. Subsection 409.08 shall include the following: Test Section - A 200 square yard test section shall be placed to determine actual application rates of aggregates and emulsion. The existing chipseal surface shall be swept and the surface shall be cleaned of loose or objectionable material as directed by the City Representative. An additional tack coat of CRS-2P (.10 gallons per square yard) shall be applied over the existing chipseal prior to the Overlay installation. The Overlay Material shall have a minimum temperature of 275F and shall be applied at 60-80 pounds per square yards and shall be spread and struck off to the established grade and proper elevation. The Contractor shall be responsible to adjust all utility covers to grade during the Overlay as described in Section 210, Reset Structures. METHOD OF MEASUREMENT Subsection 409.09 shall be revised as follows: The Hot Applied Chipseal Overlay shall be measured and paid for by the square yard of street sealed and as accepted by the City Representative. If the yield for the Chipseal and/or Overlay is determined to be below the minimum application rates, they will be subject to rejection or a price reduction as follows: AMOUNT BELOW & ABOVE PERCENTAGE REDUCTION IN MINIMUM FINAL PAYMENT FOR AGGREGATE APPLICATION RATE - AGGREGATE OR EMULSION OR EMULSION 1 - 5% 10% or Rejection 5 - 10% IF 20% or Rejection 10% + J To Be Determined by the Project Manager Project Specifications — Page 23 of 32 I SECTION 00300 BID FORM I C P I I REVISION OF SECTION 409 HOT APPLIED CHIPSEAL OVERLAY The Contractor shall 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. The City Representative will periodically check quantities using run sheets. BASIS OF PAYMENT Subsection 409.10 shall include the following: Payment will be made under: Pay Item Unit 409.01 Hot Applied Chipseal Overlay Square Yard The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, required traffic control devices, personnel, and related traffic control incidentals, and for doing all the work involved in Hot Applied Chipseal Overlay, complete -in -place, including haul and disposal, as shown on the plans, as specified in these specifications, and as directed by the City Representative. END OF SECTION Project Specifications— Page 24 of 32 I REVISION OF SECTION 627 PAVEMENT MARKINGS Section 627 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 627.01 shall include the following: This work shall consist of furnishing, installing, and removing temporary pavement marking in accordance with the latest revision of the Fort Collins Traffic Operations Manual, City of Fort Collins Work Area Traffic Control Handbook, Larimer County Urban Area Street Standards (LCUASS), Colorado Department of Transportation, and Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) and in conformity to the lines, dimensions, patterns, locations, and details shown on the plans or established by the City Representative. In unusual circumstances a temporary stripping plan may be required to be submitted from the Contractor as directed from City Representative. CONSTRUCTION REQUIREMENTS Subsection 627.03 is revised to include the following: e Temporary pavement markings shall be suitable for use on asphalt cement or portland cement concrete pavements and shall be installed on roadways that shall be opened to traffic prior to permanent stripping by the City, and shall conform as follows: 1. The surface to which the tape is applied shall be clean, dry, and free of dirt, oils, and grease. The tape/tab shall be pressed down immediately after application, until it adheres properly and conforms to the surface. 2. All roads shall have temporary pavement markings before they are opened to traffic unless City stripping crews have been scheduled to install permanent pavement markings prior to opening the road to traffic. 3 Markings applied to a final surface shall not leave a scar that conflicts with permanent markings. 4. Temporary markings shall be installed in such a way that the markings adequately follow the desired alignment. 5. Temporary pavement marking tape shall be required for lane lines on arterial roads as follows: e. Lane lines shall be "taped" intermittently with a 2' long by 4" wide reflective temporary strip at 50' intervals. f. It is the Contractor's responsibility to maintain the temporary markings, at the Contractor's expense, until the permanent pavement marking is installed by City crews. 6. Removable pavement markings shall be installed in accordance with the manufacture's recommendations and maintained by the Contractor until permanent pavement markings are installed by City crews. 7. Temporary edge lines are not typically required unless specified by the City Representative. 8. All tape shall be removed by the Contractor after permanent markings have been completed by City forces. H IProject Specifications — Page 25 of 32 REVISION OF SECTION 627 PAVEMENT MARKINGS BASIS OF PAYMENT ' Subsection 627.13 is revised to include the following: All costs for installing and removing temporary stripping shall be considered a subsidiary obligation of the Contractor in connection with the various items of the work and no measurement or payment shall be made separately for the installation, removal, and maintenance of temporary stripping including required traffic control devices, personnel, and related traffic control incidentals, as specified in these specifications, and as directed by the City Representative. END OF SECTION Project Specifications — Page 26 of 32 [l I I I I I I 0 0 I 0 0 U U I I [I1 I 0 0 I I 1�l I I I I REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 630.01 shall include the following: This work shall consist of furnishing, installing, moving maintaining and removing temporary construction traffic control devices including but not limited to signs, advance warning arrows panels, variable message boards, barricades, channelizing devices, and delineators as required by the latest revision of The City of Fort Collins Work Area Traffic Control Handbook, Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), Larimer County Urban Area Street Standards (LCUASS), and the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction. In the event of a conflict between the MUTCD and the City's criteria, the City of Fort Collins specifications shall govern. MATERIALS Subsection 630.02 shall include the following: All traffic control devices placed for the project must meet or exceed the minimum standards set forth in The City of Fort Collins Work Area Traffic Control Handbook and the Manual on Uniform Traffic Control Devices for Streets and Highways (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 area is the responsibility of the Contractor 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, at a minimum, be removed from the area. Moving will include devices removed from the project and later returned to use. Traffic control devices shall be placed and/or stored in the City right-of-way in such a manner that minimizes 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). In the event there is a violation or safety issue, the City Representative will order a "Stop Work Order" until the issue(s) is corrected. The Contractor shall not be entitled to any additional compensation for delays associated with the "Stop Work Order". Project Specifications— Page 27 of 32 1 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL CONTRACTOR RESPONSIBILITY The Contractor shall be responsible for ensuring safe passage through the work zone for vehicles, pedestrians and bicycles. The Contractor shall use variable message boards to advise road users about upcoming work on Arterial and Collector streets. The City Representative will issue direction for general locations of placement, and message verbiage. Fully automated variable message boards shall be installed and operate continuously for all work on arterial and collector streets. 1. Two-way traffic shall be maintained at all times unless approved by the City Representative. Lane width shall be maintained at a minimum of 10' (feet). 2. The Contractor will provide 24 hour minimum notice to the City of Fort Collins Traffic Department when construction is near a signalized intersection. Weekly progress meetings will discuss actual locations. 3. The Contractor shall provide and coordinate uniformed police officers for traffic control when necessary for the safety of the workers and traveling public. TRAFFIC CONTROL PLANS Traffic control plans shall be submitted for all work locations prior to commencement of any work. Plans shall be submitted on approved forms supplied by the City Representative. A traffic control plan shall be prepared by a Traffic Control Supervisor certified by the American Traffic Safety Services Association (ATSSA) or a Worksite Traffic Control Supervisor certified by the Colorado Contractor's Association (CCA). The typical 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. All plans shall be delivered to the City Representative, 625 Ninth Street, Fort Collins. Facsimiles of plans shall not be allowed. Typical submittals for residential work scheduled on Monday and Tuesday shall be submitted the previous Friday by 8:00 a.m. Full residential road closure plans shall be submitted no later than Friday morning by 8:00 am for projects starting the following week. SUBMITTALS FOR FULL CLOSURES ON ARTERIAL AND COLLECTOR STREETS SHALL BE SUBMITTED TWO WEEKS PRIOR TO THE COMMENCEMENT OF WORK. No phase of the construction shall start until the Traffic Control Plan has been approved. Failure to have an approved Traffic Control Plan shall constitute cause for the City to stop work and Owner shall deduct from compensation $1,000.00 per day for said condition, 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 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. Project Specifications — Page 28 of 32 ' REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL ' (3) Number of flaggers to be used. (4) Parking Restrictions to be in affect. Approval of the proposed method of handling traffic does not relieve the Contractor of liability specifically assigned to him under this contract. ' TRAFFIC CONTROL MANAGEMENT Subsection 630.11 shall be revised as follows: ' The Contractor shall designate an individual, other than the superintendent, to be Traffic Control Supervisors. Traffic Control Management shall be performed by a Traffic Control Supervisor (TCS). The TCS(s) shall possess a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control ' Supervisor or Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor. Proof of certification shall be presented to the City Traffic Control Manager, and when requested by a City Representative, for each TCS utilized on the project. 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. It is the intent of the specifications that the Head TCS be the same throughout the project and remains on site at all times during the construction. ' If, in the opinion of the City Representative, any traffic control individual does not perform their duties at or to the minimum industry standard, the Contractor will be required to replace that individual. The TCS shall be equipped with a cellular phone. The TCS duties shall include, but not be limited to: 1. Prepare, revise and submit Traffic Control Plans as required. 2. Supervise and direct project flaggers. 3. Coordinate all traffic control related operations, including those of the Subcontractor and Supplier. 4. Coordinate project activities with appropriate police and fire control agencies, Transfort (Fort Collins Bus Service), school districts and other affected agencies and parties prior to construction. 5. Notify residents and businesses at least 48 hours prior to construction. a. Notifications maybe accomplished by a representative of the TCS such as a flagger and shall be typed and hand delivered to all businesses and residents. 6. Inspect traffic control devices on a calendar day basis for the duration of the project to ensure devices are functioning properly. 7. Oversee all requirements covered by the plans and specifications which contribute to the convenience, safety, and orderly movement of traffic. 8. Flagging in emergency or relief for short periods of no more than 15 minutes over a 60 minute period. 9. Traffic control device set up and removal. Project Specifications - Page 29 of 32 1 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL 10. Maintain a project traffic control diary which shall become part of the City's project records. This diary/log shall be submitted to the City Representative daily and shall include the following information as a minimum: a. Date b. For Traffic Control Inspection, the time of the inspections c. Project description and location d. Traffic Control Supervisor's name e. Types and quantities of traffic control devices used per approved Method of Handling Traffic (MHT) f List of flaggers used, including start time, stop time and number of flagging hour breaks g. Traffic control problems (traffic accidents; damaged, missing or dirty devices, etc.) and corrective action taken Notification of residents and businesses shall be the responsibility of the TCS or TCS Representative 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), 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 48 hours prior to the commencement of work. 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 request of the City Representative during non working hours. A 24-hour telephone number shall be provided to the City Representatives. All traffic control devices and traffic control management shall be placed under the supervision of 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 control for street and highway construction, available at all times. The following list reflects devices that may be used on the project or as authorized by the City Representative: "NO PARKING" Sign with Stand Size A Specialty Sign Vertical Panel Without Light Size B Specialty Sign Channelizing Drum Without Light Safety Fence Type I/11 Barricade Without Light Light Type III Barricade Without Light Advance Warning Flashing or Sequencing Arrow Panel Cone With Reflective Strip Variable Message Board Size A Sign With Stand Size B Sign With Stand Project Specifications — Page 30 of 32 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL METHOD OF MEASUREMENT Subsection 630.15 shall include the following; All costs associated with the Traffic Control Plan review will not be measured or paid for separately, but shall be considered incidental to the work. Review fees will not be measured or paid for separately, but shall be considered incidental to the Work. ' The Contractor shall provide the services of the Colorado State Patrol or Fort Collins Police when necessary during the course of the work as instructed by the City Representative. Associated costs shall be incidental to the work. The City shall deduct from compensation due the Contractor $10.00 per day for each traffic control device not removed from the site immediately upon completion of the work or as directed by the City Representative. ' Flagger hand signs and devices, such as Stop/Slow paddles, will not be measured and paid for separately, but shall be included in the work. The flagger(s) shall be provided with electronic communication devices as 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. tSand bags and caution tape 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 City of Fort Collins Work Area Traffic Control Handbook and the MUTCD, if approved by the City Representative however no payment will be made for the additional panel size. ' Business signs and detour placard street names are NOT considered Specialty Signs and will not be measured or paid for separately, but shall be included in the work. The City shall not be responsible for any losses or damage due to theft or vandalism. The City will not be responsible for any damages caused by the Contractor's construction activities to the public. Private or public property which is damaged by the Contractor's equipment or employees will be the sole responsibility of the Contractor. ' BASIS OF PAYMENT Subsection 630.16 shall be revised as follows: All traffic control costs including but not limited to furnishing equipment, equipment mobilization/demobilization/modification, TCS and flagging personnel, vehicles, phones, notification delivery, hand signs, communication devices, sandbags, and all related incidentals required for traffic control under this contract ' shall be considered a subsidiary obligation of the Contractor in connection with the various items of the work. No measurement or payment shall be made separately for traffic control related items as specified in these specifications or as directed by the City Representative. ' Project Specifications— Page 31 of 32 11 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL SPECIAL CONDITIONS FOR WORK ON ARTERIALS AND COLLECTORS NOTE: CROSS STREET TRAFFIC SHALL BE MAINTAINED AT ALL TIMES UNLESS AUTHORIZED BY THE CITY REPRESENTATIVE IN WRITING. NOTE: FULL CLOSURES ON ARTERIALS AND COLLECTORS WILL BE ALLOWED UNDER EXTREME CIRCUMSTANCES AND ONLY UPON APPROVAL BY THE CITY REPRESENTATIVE. PLANS SHALL BE APPROVED A MINIMUM OF TWO WEEKS PRIOR TO THE COMMENCEMENT OF WORK AND/OR THE TIME REQUIRED TO ADEQUATELY NOTIFY THE PUBLIC THROUGH THE MEDIA. NOTE: CONSTRUCTION OR REPAIR WORK WILL NOT BE PERMITTED AT OR IN THE VICINITY OF SIGNALIZED INTERSECTIONS OR ANY ARTERIAL AND COLLECTOR STREETS THAT HAVE MAJOR TRAFFIC VOLUMES BETWEEN THE HOURS OF 7:00 A.M. TO 8:30 A.M. OR 3:30 P.M. TO 6:30 P.M. (EXCEPT IN THE CASE OF AN EMERGENCY). EXCEPTIONS MAY BE MADE FOR CONSTRUCTION OR REPAIR WORK ON ARTERIALS AND COLLECTORS BETWEEN THE HOURS OF 7:00 A.M. TO 6:00 P.M., MONDAY THROUGH FRIDAY EXCLUDING HOLIDAYS, WHEN ALL EQUIPMENT, LABOR, TRAFFIC CONTROL DEVICES AND CONSTRUCTION ARE NOT IN THE VICINITY OF AN INTERSECTION. THE CITY REPRESENTATIVE WILL AUTHORIZE SUCH WORK AND SPECIFY THE REQUIRED DISTANCE FROM THE INTERSECTION. NOTE: TIME RESTRICTIONS ON S.H. 287 (COLLEGE AVENUE) WILL NORMALLY BE RESTRICTED FROM 9:00 AM TO 3:00 PM. NOTE: CONSTRUCTION HOURS, EXCEPT FOR EMERGENCIES, SHALL BE LIMITED TO 7:00 A.M. T06:00 P.M., MONDAY THROUGH FRIDAY EXCLUDING HOLIDAYS, UNLESS OTHERWISE AUTHORIZED IN WRITING BY THE CITY REPRESENTATIVE. SPECIAL CONDITIONS FOR WORK ON RESIDENTIAL STREETS NOTE: FULL CLOSURES ON RESIDENTIAL STREETS SHALL BE ALLOWED AS SHOWN ON THE TRAFFIC CONTROL PLANS. END OF SECTION Project Specifications — Page 32 of 32 SECTION 02500 QUANTITIY ESTIMATE This work shall consist of placement of Hot Applied Chipseal Overlay on designated streets 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. SECTION 00300 BID FORM PROJECT: 7256 Hot Applied Chipseal Overlay 2011 Place: city of Fort Collins Date: 7/26/1 t In compliance with your Invitation to Bid dated July 1, 2011 and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. , 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of 51/6of the amount bid ($ 5% } in accordance with the Invitation To Bid and Instructions to Bidders. , 4. The undersigned Bidder agrees to execute the Agreement and a Performance , Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the ' specified performance and payment Bonds is as follows: western surety co. of South Dakota ' 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is ' named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid , Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. I through 1 SECTION 02500 QUANTITY ESTIMATE STREET FROM TO 208.01 208.02 208.03 210.01 210.02 210.03 210.04 409.01 Stormwater Protection - Rock Sock Wattle Stormwater Protection- Recycled Rubber Wattle Stormwater Protection - Straw Bales Adjust Valve Box Adjust Valve Box with Tyler6860 Series, Item R 69, S Screw Type Adjustable Riser, Including Parts Adjust Valve Box with Ring Adjust Manhole with Locking Ring IlotApplied Chipseal Overlay Units LF LF EA EA EA EA EA SY BUCKINGHAM ST 3RD ST N LEMAY AVE 1.00 0.00 0.00 2.00 1.00 1.00 7.00 6,900.13 Area Sub Total 1.00 0.00 0.00 2.00 1.00 1.00 7.00 6,900.13 VINE DR 2.00 4.00 7.00 32,937.93 N LEMAY AVE NORTH SIDE OF POUDRE BRIDGE 1.00 4.00 11.00 2.00 Area Sub Total 2.00 1.00 4.00 1 11.00 2.00 4.00 7.00 32,937.93 E VINE DR N LEMAY AVE I-25 3.00 0.00 0.00 15.00 2.00 6.00 6.00 73,684.00 Area Sub Total 3.00 0.00 0.00 15.00 2.00 6.00 6.00 73,684.00 2.00 6.00 6.00 55,769.23 N TIMBERLINE RD MULBERRY ST MOUNTAIN VISTA DR 0.00 0.00 8.00 1.00 Area Sub Total 2.00 0.00 0.00 8.00 1.00 6.00 6.00 55,769.23 MOUNTAIN VISTA DR N TIMBERLINE RD 0.00 4.00 0.00 2.00 6.00 34,701.77 1-25 0.00 1.00 Area Sub Total 0,00 _ 1.00 0.00 4.00 0.00 2.00 6.00 34,701.77 LINCON AVE 12"r1-1 ST IN LEMAY AVE 0.00 1.00 0.00 2.00 0.00 1.00 0.00 5,661.00 Area Sub Total 0.00 1.00 0.00 2.00 0.00 1.00 0.00 5,661.00 Total Estimated Quanitites 8.00 3.00 4.00 42.00 6.00 20.00 32,00 209,654.06 Quantity Estimate - Page 2 of 2 �l SECTION 03000 DETAILS Rock Sock (RS) SC-5 ' Straw Bale Filter D23 Gravel Filter D24, D25 I I I A 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 Rock Sock height. Once upstream stabilization is complete, rock socks and accumulated sediment should be removed and properly disposed. Functions Erosion Control No Sediment Control Yes Site/Material Management No November 2010 Urban Drainage and Flood Control District Urban Storm Drainage Criteria Manual Volume 3 RS-1 1 e 1 1 I J I 1 1 1 1 1 I SC-5 Rock Sock (RS) RS 1h" (MINUS) CRUSHED ROCK ENCLOSED IN WIRE MESH 1W (MINUS) CRUSHED ROCK ENCLOSED IN WIRE MESH WIRE TIE ENDS 4" TO 6" MAX AT TO" ON BEDROCK OR GROUND SURFACE CURBS, OTHERWISE HARD SURFACE, 2" 6"-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 1Y2" (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 12' 12' ADDITIONAL WIRE WRAPPING, ROCK SOCKS CAN BE OVERLAPPED (TYPICALLY 12-INCH OVERLAP) TO AVOID GAPS. RS-2 ROCK SOCK JOINTING ROCK SOCK INSTALLATION NOTES 1. SEE PLAN VIEW FOR: -LOCATION(S) OF ROCK SOCKS. GRADATION TABLE SIEVE SIZE MASS PERCENT PASSING SQUARE MESH SIEVES NO. 4 2 100 114" 90 - 100 1" 20 - 55 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 IY2" (MINUS) IN SIZE WITH A FRACTURED FACE (ALL SIDES) AND SHALL COMPLY WITH GRADATION SHOWN ON THIS SHEET (IX„ MINUS). 3. WIRE MESH SHALL BE FABRICATED OF 10 GAGE POULTRY MESH, OR EQUIVALENT, WITH A MAXIMUM OPENING OF Yz", 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 Urban Drainage and Flood Control District November 2010 Urban Storm Drainage Criteria Manual Volume 3 Rock Sock (RS) SC-5 ROCK SOCK MAINTENANCE NOT S 1. INSPECT BMPs EACH WORKDAY, AND MAINTAIN THEM IN EFFECTIVE OPERATING CONDITION. MAINTENANCE OF 8MPs SHOULD BE PROACTIVE, NOT REACTIVE. INSPECT BMP9 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 BMP9 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 h 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 AUTOCAO) NOTE. MANY JURISDICTIONS HAVE BMP DETAILS THAT VARY FROM UOFCD 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 RS-3 Urban Storm Drainage Criteria Manual Volume 3 I Area Inlet with Grate —7 . )S�Erauj oa Balas Staked with 2 Stakes Per Bale A jr o e a a a a a a a o o a a a a a a a a a A PLAN VIEW Stake Twine Runoff Compacted Soil Filtered Water 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 a AREA INLET FILTER STRAW BALES CITY OF.FORT COLLINS, COLORADO STORMWATER UTILITY DATE: REVISIONS: D-23 Wire Screen— (Appmx. %W_h) Crevei Eater C=,pprox. ;,Iq"Dierse�-ar) Area Infez A wir'-i Grace A PLAN VIEW Bfoek Grave! Fitter Overflow --\ Cor+crafa Block r•- Wi re Screzn Runoff 1 1G'ClIG Gravel Filter �IID Q tlu�3�nh� I I Grp@9Y�• Fi {tared Wake r —1 SECTION A -A General Notes: 1. Inspect and repair filters a—,Ler 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. FIGliRE 6.3 I AREA INLET FILTER GRAVEL CITY OF FORT COLLINS, COLORADO STORMWATER UTILITY A=PROVED BY: DATE: n=V;S10NS; D-24 t PAGE 32 Gravel Fi h admete+ ` (Approx. yz McSh) PLAN VIEW OV0r'Iow ,%h0f—P Wire-e-an--! �9,' Md "' VA4-Wood S UdLjl SR ION A -A iIJc�2t inlet General Notes: I CURB INLET FILTER 1. Inspect and repair filters after each storm event. Remove sediment when GRAVEL one half of the filter depth has been filled. Removed sediment shall be de- CITY OF -FORT COLLINSr COLORADO posited in an area tributary to a sedi- STORMWATER UTILITY ment basin or other filtering measure. APFROVED BY: 2. Sediment and gravel shall be immediately DA?E: removed from traveled way of roads. REVisioNS: U-25 FTGliRfi 6.4 I SECTION 03500 PROJECT MAPS AREA MAPS Vicinity Map includes the following streets N Lemay Ave North side of Poudre River Bridge to E Vine Dr Buckingham St 3`d St to N Lemay Ave Lincoln Ave 12d' St to N Lemay Ave E Vine Dr North Lemay Ave to 1-25 N Timberline Rd E Mulberry St to Mountain Vista Dr Mountain Vista Dr N Timberline Rd to 1-25 I I U D rll 0 u 0 I D D L7 [II I I I Fort Collins 201 1 Street Maintenance Program (SMP) �,� Hot Applied Chin Overlav [1 I 8. BID SCHEDULE (Base Bid) Item No. Item Description UnitUnit Quantity Unit Cosr Cost 208.01 Stmnwater Protection -Rmk Sock Wattle LF 8.00 18.00 144.0 208.02 Sionnwater Protection -Recycled Rubber Wattle LF 3.00 2200. 66.00 203.03 Stormwater Protection - Straw Bales EA 4.00 25.00 100.00 210.01 Adjust Valve Box EA 1 42.00 7&001 3,150.00 210.02 Adjust Valve Box with Tyler 6860 Series. Item R 69. Screw Type Adjustable Riser. Including Pans EA 6.00 150.00 900.00 210.03 Adjust Valve Box Milt Ring EA 20.00 100.00 2,000.00 210.04 Adjust Mnnholewith LmkingRing EA 32.00 135.00 4.320.00 409.01 Hot Applied Chipseal Overlay SY 209,65.1.06 7.32 1,534,667.72 Total Co-t:One Million, Five Hundred Forty Five Thousand, Three Hundred Forty Seven Dollars and Seventy Two 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Cents SECTION 04000 EROSION CONTROL AND INLET PROTECTION INDEX OF ENVIRONMENTAL 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 3 Vehicle Fueling 1 to 3 Outdoor Fleet Maintenance 1 of 4 Heavy Equipment and Vehicle Maintenance 1 of 4 ;„for,„at;o„ - -1 New Construction Activities for Foy More Name Municipalities Address City, State I Description Phone j This fact sheet covers new construction activities disturbing less e-mail than one acre not subject to a CDPS Construction permit. New Possible Pollutants construction includes, but is not limited to buildings, structures, capital improvements, roadways, and recreational components Sediment such as trails, restrooms, and other structures. Procedures Chemicals provided are general in nature and can be applied to any scale 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 Page 1 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 City of Centennial SOP: New Construction SOP, August 2007. Mesa County, Municipal Operations and Maintenance Program, July 2005. Page 2 of 2 I I For More Information i 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 ' Street Sweeping Street Sweeper Cleaning and Waste ' Street, Curb and Gutter Maintenance I 1 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 maybe 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 1 I 1 I I 11 • Whenever possible, recycle concrete rubble; otherwise, dispose of it as solid waste. Asphalt Work Control the placement of road base or asphalt used in embankments or shoulder backing; do not allow these materials to fall into any storm drain or watercourses. Whenever possible, recycle asphalt. If recycling is not possible, dispose of as solid waste. Painting and Striping • If possible, schedule painting and striping projects during dry weather. • Use thermoplastic or epoxy markings in place of paint whenever feasible. Use care to prevent splashing or spilling of any liquid material. Follow the Spill Prevention and Response procedure should a spill occur. Employee Training • Train applicable employees who perform street, curb, and gutter construction on this written procedure. Information regarding how to avoid and report spills will be presented during the training. Periodically conduct refresher training on the SOP for applicable employees who perform street, curb, and gutter construction. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References City of Centennial, Department of Public Works: Asphalt and Concrete Program, No Date. City of Centennial, Department of Public Works: Asphalt Program, No Date. PACE, Stormwater Best Management Practices: Street Maintenance, No Date. Optional Additional Resources Concrete truck washout BMP specifications. Gravel road maintenance procedures. - Street, Curb, and Gutter y For More Information i Name Maintenance Address City, State + Description Phone I 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 i 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. I Bridge Maintenance • Do not transfer or load any materials directly over waterways. Secure lids and caps on all containers when on bridges. • Suspend drop cloths or nets below any bridgework where wastes, scraps, or drips ' might be spilled into a waterway. Concrete Maintenance Minimize the drift of chemical cure on windy days by using the curing compound sparingly and applying it close to the concrete surface. • Ensure there is a concrete truck washout area available or require the contractor to wash out at the batch plant. • Whenever possible, recycle concrete rubble; otherwise, dispose of it as solid waste. Asphalt Maintenance • Sweep to minimize sand and gravel from new asphalt from getting into storm drains, streets, and creeks. 1 • Do not allow asphaltic concrete grindings, pieces, or chunks used in embankments or shoulder backing to enter any storm drain or watercourses. Apply temporary perimeter controls. Install silt fence until the structure is stabilized or permanent ' controls are in place. • Whenever possible, recycle broken asphalt. If impossible, dispose of as solid waste. • Drainage inlet structures shall be covered with inlet protection during application of seal coat, tack coat, slurry seal, and/or fog seal. Painting and Striping If possible, schedule painting and striping projects during dry weather. • Use thermoplastic or epoxy markings in place of paint whenever feasible. The pre -heater for thermoplastic striping and the melting tanks used during pavement marking must be filled carefully to prevent splashing or spilling of materials. Leave 6 inches at the top of pre -heater and the melting tanks to allow room for material to move and splash when vehicles are deadheaded. Employee Training • Train applicable employees who perform street, curb, and gutter maintenance on this written procedure. Information regarding how to avoid and report spills will be presented during the training. ' • Periodically conduct refresher training on the SOP for applicable employees who perform street, curb, and gutter maintenance. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References City of Centennial, Department of Public Works: Asphalt and Concrete Program, No Date. City of Centennial, Department of Public Works: Asphalt Program, No Date. PACE, Stormwater Best Management Practices: Street Maintenance, No Date. Optional Additional Resources Concrete truck washout BMP specifications. Gravel road maintenance procedures. I 1 1 1 1 I I Spill Prevention and For More Information I Name Response Address City, State Description I 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 Chemicals Prevention Control and Countermeasures (SPCC) plans Toxics that include procedures for spill response. Proper spill Oil i 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 City of Fort Collins Purchasing ADDENDUM No. 2 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 7256: Hot Applied Chipseal Overlay OPENING DATE: 3:00 PM (Our Clock) July 27, 2011 Financial Services Purchasing Division 215 N. Mason St. 2ntl Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/Purchasing To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made and detailed as follows: Section 409, subsection 409.08, delete the sentence "The Overlay Material shall have a minimum temperature of 275F and shall be applied at 60-80 pounds per square yards and shall be spread and struck off to the established grade and proper elevation. Replace with "The Overlay material shall have a minimum temperature of 275F and shall be applied at a minimum of 85 pounds per square yard. The material shall be spread and struck off to the established grade and proper elevation. Please contact John Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN ' STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. ' Addendum 2 — 7256 Hot Applied Chipseal Overlay Page 1 of 1 ' 1 Bidder acknowledges that the OWNER has the right to delete items in the Bid or change ' quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. , i RESPECTFULLY SUBMITTED: i A-1 Chipseal CO. CONT CTOR BYDanle 7/27/11 Printed Date Vice President Title ' I I License Number (If Applicable) , (Seal - if Bid is by corporation) Attes4steD c z(2r ' Wattis, Corporate Secretary , Address 2001 W.64th Lane. Denver. CO 80221 Telephone (303)464-9267 i Email 91u@asphaltrepai cm m I Use powered equipment or get assistance when moving materials to and from a storage area. Use care to prevent puncturing containers with the equipment. Do not wash down or hose down any outdoor work areas or trash/waste container storage areas except where wash water is captured and discharged into the sanitary sewer (if approved). • Conduct periodic inspections to ensure that materials and equipment are being handled, disposed/recycled, and stored correctly. • Provide adequate spill kits or lockers with sufficient equipment and supplies necessary for each work area where the potential for spills or leaks exists. • Inspect each spill kit or locker regularly and after each spill response. Replace any spent supplies or repair any equipment that is worn or not suitable for service. • Stock adequate personal protective equipment. Spill Response Safety Consider safety at all times. Anticipate and avoid all likely hazards. Never approach, contact, or sample an unknown substance. If a highly toxic or flammable substance is discovered, staff should leave the immediate area and contact the appropriate identified response authority, such as the fire department. If there is any question about a substance, contact the appropriate identified response authority or other designated representative. Procedures Stop the leading edge of the spill. Block or divert the spill to avoid discharge to the storm sewer system and to minimize the area requiring cleanup. Determine the source of the spill and stop the spill at its source by closing a valve, plugging a leak, or setting a container upright. Transfer material from a damaged container. Identify the material and volume spilled. Contact the appropriate identified response authority or other designated representative if you cannot identify the material and its properties. • Refer to the MSDS to determine appropriate personal protective equipment, such as gloves and safety glasses and appropriate cleanup methods. • Clean up spills immediately to prevent spreading of wastes by wind, rain, and vehicle traffic and potential safety hazards. • Use sand absorbents or socks, pillows, or pads to quickly capture spilled liquid and properly dispose of all clean-up materials. Use dry clean-up methods only. • Complete all necessary reports. Page 2 of 4 n J I 1 1 0 1 I I J Spill Reporting • A spill of any chemical, oil, petroleum product, or sewage that enters waters of the ' state of Colorado (that include surface water, ground water, and dry gullies and storm sewers leading to surface water) must be reported immediately to the Colorado Department of Public Health and Environment. ' • Release of a substance into a storm drain, or onto a parking lot or roadway as part of a storm sewer leading to surface water, is reportable. However, if the material can ' be contained and cleaned within the storm sewer system to the degree that a subsequent flow in the storm sewer will not flush the substance to waters of the State, it may not need to be reported. ' • Contact the appropriate identified response authority within the municipality or other designated representative and be prepared to provide details needed to report the spill to the necessary agencies. • Detailed spill reporting guidance can be found at http:/ /www.cdl2he.state.co.us/op/wgcc/Resources/Guidance/sl2iliguidance.pdf ' and http://www.cdphe.state.co.us/hm/sl2illsandreleases.htm Employee Training ' . Train applicable employees who perform spill prevention and response on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform spill prevention and response activities. t Records The following records could be used to document activities performed: Records of any major spills and the action taken. ' • Records of employee training with sign -in sheet. References ' Cihj of Centennial, Department of Public Works: Good Housekeeping, No Date. Cihj of Centennial, Department of Public Works: Materials Management, No Date. Cihj of Centennial, Department of Public Works: Spill Prevention and Control, No Date. City of Golden, 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. 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. U U I U 0 0 1 I 0 I I I I 7 For More Information j Utility and Storm Sewer Name I System Maintenance Address 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 gas utilities. Maintenance Nutrients ' of power may require excavation and reinstallation of Metals lines including open cut trenching or directional boring Hydrocarbons in landscaped areas or street right of way. Electrical and Trash i 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 Procedures overflows may occur and can result in potential property damage and significant health concerns if not properly Related Procedures managed. Heavy Equipment and Vehicle Maintenance Water conveyance systems are flushed and pressure Parks and Open Space tested as part of routine maintenance. Potable water 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 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 Equipment/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 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 Contain overflows by using emergency generator, pump and/or a vac truck to intercept flows. It may be necessary to construct additional containment. Clean up spills by washing and vacuuming the affected areas. Lime may need to be applied for disinfection of affected areas. Lime must be removed once disinfection is complete. Storm Sewer System Pipes, Catch Basins, Inlet and Outlet Structures, and Culverts Clean storm sewer system by manual cleaning or jetting the pipes using a jet/vacuum truck to remove the material. Do not temporarily store collected storm system cleaning debris adjacent to any surface water, storm drain inlet, or drainageway. Storm sewer system maintenance wastes may be either non -hazardous or hazardous. Solid non -hazardous waste may be disposed in a sanitary landfill or recycled. Liquid non -hazardous waste must be evaporated before disposing of it into the landfill or discharged to the sanitary sewer system with the approval of the local wastewater treatment plant. Hazardous waste, as defined under Colorado Hazardous Waste Regulations (6 CCR 1007-3), must be transported and disposed of at a permitted disposal or treatment facility. Replace or maintain "no dumping' stencils or plaques as necessary. Remove trash from trash racks and grated openings. Detention and Retention Ponds • Inspect the outlet works and remove trash or vegetation from the trash racks and grates. • Inspect side slopes of the pond for erosion and reestablish vegetation as needed. • Remove and service fountains and aerator motors as recommended. • Report any suspected water quality problems such as a change in growth or appearance of vegetation. Report excessive sediment accumulation, standing water beyond the designed drain down time or damage requiring additional maintenance. Drainageways Drainageways include drainage channels, ditches, grass swales, and washes. Inspect drainageways for erosion and repair if necessary. Remove and properly dispose of trash and debris from the drainageways. Remove sediment which could impede flow in drainageways. Leave an unmown buffer when mowing adjacent to drainageways to filter pollutants. Do not leave grass clippings in or next to the drainageway. Do not apply landscape chemicals in the buffer area. Page 3 of 4 1 I 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 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 .1 For More Information Name Address City, State Phone e-mail Possible Pollutants Sediment Chemicals Organics Trash Good Housekeeping Waste Management Employee/Contractor Training Proper Cleanup and Disposal ' Procedures Related Procedures Heavy Equipment and Vehicle Maintenance Parks and Open Space Maintenance 11 I I 1 Spill Prevention and Response Street, Curb, and Gutter Replacement and Construction Utilities and Storm Sewer System Replacement and Construction Vehicle Fueling Utility and Storm Sewer System Replacement and Construction Description This procedure covers utility and storm sewer system replacement and construction. Utilities include power, storm sewer, sanitary sewer, water conveyance systems. 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. Page t of 3 1 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 I [1 Fi I� 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. 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. Cihj 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. Page 3 of 3 I SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors I 11 I I k I 1 1 i I I I City of Fort Collins Regulatory and Government Affairs Division Otyof art_ C� 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 L 1 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 system; the scope does not include specifics on how to power wash. 3.0 Process 3.1 Power washing wastewater must be prevented from running uncontrolled in the City's storm water system. The system includes streets, inlets, gutters, ponds, creeks, ditches, and the Poudre River. During the power washing activity, ensure the wastewater is controlled by the utilization of the natural slope of the land, or barriers such as inlet covers. Use of barriers on an impermeable surface also requires that the wastewater be vacuumed, collected, and disposed of properly. 3.2 General pollution prevention procedures: A. Use dry methods for surface pre -cleaning, such as using absorbent on small oil spots and sweeping up trash, debris, dirt, and used absorbent before power washing. B. Minimize the amount of water used during power washing activities. C. Avoid using cleaning products that contain hazardous substances (e.g., hydrofluoric acid, muriatic acid, sodium hydroxide, bleach) that can turn wastewater into hazardous waste. 3.3 Prior to power washing, decide on one of the following methods of disposal: D. Landscape --power washing wastewater may be discharged to landscaped areas if the materials used and the material removed are not harmful to vegetation, there is no ponding, and there is no uncontrolled runoff to the stormwater system. E. Wastewater treatment system-- As long as the collected wastewater does not have an oil sheen, has a pH between 5 and 11, and does not contain any hazardous or toxic substances, the wastewater may be disposed of into the City's wastewater treatment system. 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 LI 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 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 http://www.cdphe.state.co.us/wq/PermitsUnit/PolicyandGuidance/powerwash.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 - ;For More Information Vehicle Fueling ' Name I 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 ' Phone pollution. e-mail When services are contracted, this written procedure should be Possible Pollutants Metals 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 state and federal codes, laws, and regulations. Good Housekeeping I Procedures Drip pans General ' Secondary containment Fuel vehicles at approved locations (municipal fueling Automatic shutoff nozzles station or offsite fueling station). i 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 • All fuel tanks will be inspected per State and Federal Related Procedures 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. Page 1 of 3 Vehicle Fueling • Follow all posted warnings. • Ensure that the nozzle is properly inserted in the filler neck of the vehicle before dispensing any fuel. • Remain by the fill nozzle while fueling to ensure the nozzle stays in place. • Do not top off the tank of the vehicle once the nozzle has shut off the fuel. • Follow the procedures outlined in the Spill Prevention and Response Procedure to respond to any leaks or spills. • Clean fuel dispensing areas with absorbent material. • Never use water to clean up a spill. Mobile Fuel Truck Provide inlet protection (e.g., berms, weighted inlet covers) for nearby storm drain inlets when transferring fuel and fueling a vehicle. Use secondary containment when transferring fuel from the tank truck to the fuel tank. All gas cans must be placed in the secondary containment box/pan and remain on the ground when fueling. Use a funnel to transfer fuel to vehicles and equipment. After the transfer is complete, the funnel should be dried with a rag or placed in a container to avoid dripping fuel on the ground. Employee Training • Train applicable employees who fuel vehicles on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who fuel vehicles. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 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 11 1 1 Optional Additional Resources Municipal codes and ordinances that relate to vehicle fueling. Locations of approved offsite fueling stations. Locations of nearby spill kits. 1 Spill Prevention Control and Countermeasures Plan. I n 1 1 1 1 1 1 1 1 I I I I Page 3 of 3 1 Outdoor Fleet Maintenance For More Information I Name Description Address I Although it is recommended that fleet maintenance City, State activities be conducted indoors or under cover, it is Phone sometimes necessary to perform fleet maintenance e-mail outdoors (e.g., equipment is too large to fit inside the Possible Pollutants maintenance building, temporary repairs need to be made before the equipment can be moved to the maintenance Metals building, breakdowns, service calls). Toxins Solvents (degreasers, paint Some potential pollutants typically associated with outdoor thinners, etc.) fleet maintenance activities include oil, antifreeze, brake Antifreeze fluid and cleaner, solvents, batteries, and fuels. Consult the Brake fluid and brake pad dust Spill Prevention and Response procedure and the Vehicle Fueling procedure for additional information on those Battery acid topics. Motor oil Fuel (gasoline, diesel, kerosene) When services are contracted, this written procedure should be provided to the contractor so they have the Lubricating grease proper operational procedures. In addition, the contract Good Housekeeping should specify that the contractor is responsible for abiding Drip pans by all applicable municipal, state, and federal codes, laws, Tarps and regulations. Covered outdoor storage areas Procedures Secondary containment Fleet Maintenance Proper disposal of used fluids • Fleet maintenance should be performed inside Spill cleanup materials whenever possible. Dry cleanup methods • If indoor maintenance is not possible, ensure Employee training maintenance is performed in a location where Related Procedures contact with stormwater is minimized, through Heavy Equipment and Vehicle berming and appropriate routing of drainage. Maintenance • Provide inlet protection (berms, weighted inlet Material Storage covers, etc.) for all adjacent inlets when work is Spill Prevention and Response occurring in close proximity to a storm drain Vehicle Fueling inlet. Have absorbent pads and drip pans accessible to capture leaks and spills during maintenance activities. • Keep equipment clean and do not allow excessive build-up of oil and grease. Page 1 of 4 ' . Perform regular preventative maintenance to minimize the occurrence of leaks and major repairs. Recycle and/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. • Clean up spills promptly using dry methods (do not hose down). Consult the Still Prevention and Response procedure for more information. Cleanup is completed only after absorbent and rags are disposed of properly. ' 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. Dispose of the waste properly. Debris from wet sanding can be allowed to dry overnight, then swept and vacuumed. Liquid from wet sanding should not be allowed to enter the storm drain. Never discharge these wastes to the storm or sanitary sewer systems. Minimize waste from paints and thinners by carefully calculating paint needs based on surface area and using the proper sprayer cup size. Clean spray guns in a self-contained cleaner. Do not dispose of cleaner waste in the storm drain. Use sanding tools equipped with vacuum capability (if available) to pick up debris and dust. Material Management Store maintenance materials and waste containers (e.g., used oil and antifreeze) in labeled containers under cover or in secondary containment (e.g., double -walled tanks). Chemicals should not be combined in containers. All hazardous wastes must be labeled and stored according to hazardous waste regulations. Carefully transfer fluids from collection devices to designated storage areas as soon as possible. Do not store the transferred fluids adjacent to the containers. 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 the storage area except in areas where the wash water will only enter the sanitary sewer drain as an approved discharge. Use dry clean-up methods as often as 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 is used, only discharge wastewater to an oil/water separator connected to the sanitary sewer. When using solvents, 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 storm or sanitary sewer systems. Vehicle and Equipment Washing Vehicles should be washed, whenever possible, in the municipality's vehicle and equipment wash area/bay or taken to a commercial car wash. Employee Training Train applicable employees 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 outdoor vehicle maintenance. Records The following records could be used to document activities performed: Record of any major spills and the action taken. Records of employee training with sign -in sheet. Heavy equipment and vehicle maintenance logs. I n 1 1 u 1 1 1 1 1 1 1 1 Page 3 of 4 1 I 1 IJ 1 I References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Vehicle and Equipment Storage SOP, August 2007. City of Centennial SOP: Vehicle Maintenance SOP, August 2007. City of Centennial SOP: Vehicle Washing SOP, August 2007. City of Golden. Fleet Maintenance Standard Operating Procedure, July 29, 2007. City of Lafayette Standard Operating Procedure: Vehicle and Equipment Maintenance Repair, March 2009. City of Lafayette Standard Operating Procedure: Vehicle and Equipment Washing, March 2009. Mesa County, Municipal Operation and Maintenance Program, July 4, 2005. Partners for a Clean Environment. Stormwater Protection: Vehicle Repair. Spring 2009. USEPA Menu of BMP: Municipal Vehicle and Equipment Maintenance, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009. USEPA Menu of BMP: Municipal Vehicle and Equipment Washing, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009. Optional Additional Resources Municipal codes and ordinances that relate to fleet maintenance. Chemical purchasing policies. 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 SECTION 00410 AID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned A_1 ChipsealCompa�y_, _ as Principal., and Western_SuretyCorWpan�_ _ _ as Surety, are hereby held and firmly bound unto the City of Fort- Collins, Colorado, as OWNCR, in the sum of $ 5% * _ ` for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. * Five percent of amount bid THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement- for the construction of Fort Collins Project., 7256 Hot Applied Chipseal Overlay 2011 NOW THEREFORE, (a) if said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of: Contract attached hereto (properly completed in accordance with said Hid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obLigation shall. be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in n• Nay impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. 7/96 Section 00410 Page 2 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 Good Housekeeping Drip pans Tarps Covered outdoor storage areas Secondary containment Proper disposal of used fluids Spill cleanup materials Dry cleanup methods Employee training Related Procedures Material Storage Outdoor Fleet Maintenance Spill Prevention and Response Street Sweeper Cleaning and Waste Vehicle Fueling Vehicle Washing Heavy Equipment and Vehicle Maintenance Description Regular maintenance of municipal vehicles and equipment, or municipality -contracted vehicles and equipment prolongs the life of the municipality's assets and prevents the leaking of hazardous fluids commonly associated with normal wear and tear of vehicles and equipment. Potential pollutants generated at vehicle maintenance facilities include oil, antifreeze, brake fluid and cleaner, solvents, batteries and fuels. When services are contracted, this written procedure should be provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the contractor is responsible for abiding by all applicable municipal, state, and federal codes, laws, and regulations. Procedures Maintenance activities should be performed inside a maintenance building unless the equipment is too large to fit inside or temporary repairs need to be made before the equipment can be moved to the maintenance building. Consult the Outdoor Fleet Maintenance procedure when it is necessary to perform repairs outside of the facility (breakdowns, service calls, etc.). Vehicle Storage Monitor vehicles and equipment closely for leaks and use drip pans as needed until repairs can be performed. When drip pans are used, check frequently to avoid overtopping and properly dispose of fluids. Drain fluids from leaking or wrecked vehicles and from motor parts as soon as possible. Dispose of fluids properly. Page 1 of 4 t 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. t r 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 I 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. • Heavy equipment and vehicle maintenance logs 1 1 1 1 1 1 1 1 1 1 1 1 LI 1 I t✓I 1 [J 1 I References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Vehicle and Equipment Storage SOP, August 2007. City of Centennial SOP: Vehicle Maintenance SOP, August 2007. City of Centennial SOP: Vehicle Washing SOP, August 2007. City of Golden. Fleet Maintenance Standard Operating Procedure, July 29, 2007. City of Lafayette Standard Operating Procedure: Vehicle and Equipment Maintenance Repair, March 2009. City of Lafayette Standard Operating Procedure: Vehicle and Equipment Washing, March 2009. Mesa County, Municipal Operation and Maintenance Program, July 4, 2005. Partners for a Clean Environment. Soormwater 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 No Text I� I I L� r L IN WITNESS 0HERDOF, the Principal and the Surety have hereunto set their hands and seals this 27th day of ,Luly,,,,__ , 2011 , and such of them as are corporations have caused their corporate. seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above PRXNCXPAL SURETY Name: A=1 Qhipseal Comoan,.}- Western Surety Company Address : 2001 West 64th W129 Denver, CQ 80221 _ By: Title: D IeI J. ryzmala Vice President ATTES su. �aCL�w Stephanie Wallis, Corporate Secretary 7/96 1 1 (SERE,) 10375 Egrk Meadows Dr. Littleton C 8 124 Ti41-8n A. Feggestad Attomey in -Fact W� aQOgq t�1I3 �Wi40. f�i i� Rise �SOV�•ti.....••r�P? Section 00410 Page 3 m MOODY INSURANCE AGENCY, INC.8055 East Ilsfls Avenue, Suite 1000DENVER, COLORADO 80237 PHONE: (303) 82d•6600 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having 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 Karen A Feggestad of Denver ____.__CO its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature Surety Bond Number: Bid Bond Principal: A-1 Chipseal Company Obligee: City of Fort Collins Amount of Bond: See Bond Form 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 Attomey, 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 19th day of September 2006 °SJR vim,. WEST SURE COMPANY ajAO�' •°o 4t,voP q10'�! Paul T. BruFlat, nior vice President State of South Dakota County of Minnehaha Ss On this _._19th_ _ day of __.____.September,._______, __2006--__ , before me personally came Paul T. Bruflat, tome known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that lie is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument: that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. +yayatiaayayaaatiraaahaw.,aa + s D. KRELL My commission expires S SEAL NOTARY PUBLIC sE L S Novenlber30 2012 f�SOUTH DAKOTA�s, +FhhhhFh�+44hyNbNbusgti54ey } D. Krell, Notary 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 printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporation this 27th day of July 2011 * k. WESTERN.SURETY COMPANY �cnProQQORq�.^�v wlV x� °°yir•'{ elson, Assistant Secretary Form F3146-9-2006 I 1 Authorizing By -Law 1 ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. 1 Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, 1 any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the 1 corporate seal may be printed by facsimile. i 1 1 1 1 1 I 1 1 1 H 11 1 SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder: A•1 chipseai co. 2. Permanent main office address: 2001 W.64th Lane, Denver. CO80221 3. When organized: 1111992 4. If a corporation, where incorporated: Colorado 5. How many years have you been engaged in the contracting business under your present firm or trade name? 19 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) See Attached 7. General character of Work performed by your company: Pavement Prese vation 8. Have you ever failed to complete any Work awarded to you? No If so, where and why? 9. Have you ever defaulted on a contract? No If so, where and why? 10. Are you debarred by any government agency? No If yes list agency name. I F I I I I I 11 [J I 1 IF, 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. See Attached 12. List your major equipment available for this contract. See Attached 13. Experience in construction Work similar in importance to this project: See Attached 14. Background and experience of the principal members of your organization, including officers: See Attached 15. Credit available: $ 5,000,000 16. Bank Reference: Colorado Business Bank, Elaine Shannon, 2025 Pearl Street, Boulder, CO 720-564-5560 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? 18. Are you licensed as a General Contractor? Yes If yes, in what city, county and state? See Attached What class, license and numbers? 19. Do you anticipate subcontracting Work under this Contract? Yes If yes, what percent of total contract? 66.2^io And to whom? Asphalt Paving, Hot Chipseal64%, Green Earth, Erosion Control>1%, Highway Technologies 2% J 20. Are any lawsuits pending against you or your firm at this time? NO IF yes, DETAIL 21. What are the limits of your public liability? DETAIL 1,000,000r2,000,000 What company? Travelers Insurance 22. What are your company's bonding limitations? 5,000,000/10,000,000 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. Dated at 3:00P.M. this 27th day of June 20 11 . Na4of& rBy: Daniel J. Gryzmala Titlet State of Colorado County of Adams Daniel J. Gryzmala being duly sworn deposes and says that he Is VicePresidenl of A-1 Chipseat Co. and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct. Su cribed and sworn to before me this 2nh day t �- Notary Public 2001 W. 64th Lane Denver, CO 80221 My commission expires: 312en013 20it. Ic S Nam; '0U94��' 7Q 'r9Jf.. .'eQ� oo�,.,r pF'Cnj�.�?� 24,r fO" tEX�\C�5 = W = M W M A-1 Chipseal Co. Current Work On Hand As of 7/26/2011 2011 Longmont Crackseal . ', . : City of Longmont Crack Seal 9706518317 $ 150,000.00 ::::`,:;-': Nov-11 Adams County Adams County Chip Seal 7205236052 $ 326,581.33 Sep-11 Adams County .., ,. ,: ;: - , . Adams County Slurry Seal 7205236052 $ 432,632.00 Sep-11 Arvada, City of Sealcoat City of Arvada Seal Coat 7208987740 $ 743,408.75 Aug-11 Broomfield Pavement Management .'..'. Lafarge West Inc. .. Concrete "3036574200 $ - '::'-110,497.50 Sep-11 Broomfield, City of City of Broomfield Micro, Patching, Capeseal, Concrete 3034645675 $ 2,189,571.60 Sep-11 Castle Rock Microsurfacing ; :.:"•,:'. Town of Castle Rock ;.. Microsurfacing 7207332471 $ 221,204.62 Aug•1P Castle Rock Pavement Chipseal Town of Castle Rock Chipseal 7207332471 $ 302,825.04 Aug-11 Cattle Rock Pavement Slurry -, ., : Town of Castle Rock ` Slurry Seal ,' .. ': 7207332471 $ 539,536.34 <' Jul-11 Cheyenne Wells, Town of Town of Cheyenne Wells Chipseal 7197675865 $ 146,901.93 Aug-11 City and County of Denver ;: :. City & County of Denver Crack Seal, Cape Seal, Microsurfacing 3034463466 $ 1;247;249.99 Aug41' City of Centennial City of Centennial Slurry Seal 3037543459 $ 392,706.09 Jul-11 City of Denver City &County of Denver CrackSeal, Cape Seal 3034463466 $ 1,639,937.50 Aug-11 City of Ft Collins Slurry 2011 City of Fort Collins Slurry Seal 9704162091 $ 369,261.00 Sep-11 City of Greeley Chipseal City of Greeley Chipseal.,.; : 9703509450 $ 807,584.07 Sep=11_ City of Westminster City of Westminster Chipseal 3036582501 $ 1,214,801.64 Sep-11 City of Westminster 7:... City of Westminster ...'. Slurry Seal ... 3036582501 3 $ 768,22833 `Aug=1I Commerce Cit Y City of Commerce City Y y Chi Seal p 3032898176 $ 295,120.00 Aug-11 Deriv4rJet:Ce4er Jet Centers, Inc. Seal Coat! 7203461123 :$ 105,743.51 Aug-11 Douglas County Douglas County Cape Seal 3036607490 $ 1,598,446.90 Aug-11 Federal Center . „ PCL Construction ".;Chipseal; Slurry Seal, Crack Seal .- ` 3033426678 $ 188,035.02 Sep=1i Federal Center Phase 4 New West Paving Chipseal, Slurry Seal, Crack Seal 3033566894 $ 397,42535 Sep-11 Federal tenter Phase 4A New West Paving Chipseal, Slurry Seal, Crack Seal .:::: ....::: 3033566894 $ 104,683.95 ::Sep-11. Johnstown Chipseal Program Town of Johnstown Chip Seal 9705874664 $ 144,998.40 Aug-11 Louisville 2011 Street Reconst. . , .. Asphalt Paving Chip Seal .: 7208988055 ;. $ 214,760.00 Aug=11 North Colorado Medical Center North Colorado Medical Center Seal Coat 9705762028 $ 103,600.65 Jul-11 Quail Run HOA Quail Run HOA _ Slurry Seal, Seal Coat (303) 368.8756 $ 132;315.58 ;.;Sep-11 Roxborough Park Roxborough Park Foundation Infrared, Cape Seal 3039797860 $ 197,889.60 Jul-11 Sagamore-:Street Improvements',. ..... TaylorKohrs .. Asphelt,Concrete,Slurry 3039281800 $ ;182,457.51 1u1=11 Surface Treatment Program City of Aurora Chipseal Slurry Seal 3033268208 $ 1,997,708.60 Jul-11 Tamarac Village AIMCO Paving 3037934698 $ 309,921.90 :Sep-11 Thorton, City of City of Thornton Hot Chipseal 3035387375 $ 545,473.59 Sep-11 W'iillllo'w* Springs Property ,;'.. Willow Springs Property Assoc Patching;'Crackseal, Chipseal '% 3039913500 :$ ; :.:115,419.85 Jul=11 r.(Si'V�'iYm.tG:3<til�3iv�.l, �r icry i5y T:1 iipij:r':_tj l�wr 'F f`�. _�.':'U �""'#ti 4'Vth 14�i �.�.. .�Y ...:'''. Y hF. Nf�--rl .-.. .'�^•J1N:' S�:.•.*�.r'xn�..:.r�5w'v:4:3.'.:a.::.1.,a�:VSi4.u:�i:..o....".'^.Li}a LTA:.w-+.,<_s''..:�,A.i1..FCi:''....uJw.=. b�1w...'a...r: urnca:�'. i.:::wT`; 3...:..,,;-#v{,Fa. f�;,rt n.,�cr'„�*...r u.Sti:Cu,.a-.LV2z^wc,:ii:.,•.sz=L?a-- I I I I I I v Id I I City of Fort Collins *0" Purchasing ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 7256: Hot Applied Chipseal Overlay OPENING DATE: 3:00 PM (Our Clock) July 27, 2011 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 To all prospective bidders under the specifications and contract documents described above, the following language is hereby added: 3.1 This is a one year agreement but, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Pricing changes shall be negotiated by and agreed to by both parties and may use the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office as a guide. Please contact John Stephen, CPPO, LEED AP, Senior Buyer, Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST STATEMENT ENCLOSED WITH THE ADDENDUM HAS BEEN RECEIVED. Addendum 1 - BE ACKNOWLEDGED BY A WRITTEN BID/QUOTE STATING THAT THIS Page 1 of 1 A-1 Chipseal Co. 50 Largest Completed Projects in the Past Five Years 5A 2009 Jefferson County Slurry Seal Jefferson County Rick Pollock Slurry Seal 95% 5 358,134,00 5 341,138.25 8!1l2009 10/30/2009 No 21401 Golden Gale Canyon Rd Golden, CO 80403 (303)271-5294 1 SA 009 Broomfield Chipseal Program City of Broomfield Weilacher Chipseal 90% 5 368,188.00 S 362.558,10 6/15/2009 10/112009 No 3001 W. 1241h Ave Bromff eld, C0 80010 1Les 0 5A 2006 Weld County Chipseal Weld County Pal Persichino Chipseal 95% 5 417.057.28 S 417,057.28 1112001 IOM12006 No 1111 H Street Greeley, CO 80632 (970)356.4000 SA 2006 Fort Collins Slurry Seal City of Foil Collins Monty Wagner Slurry Seal 95% 5 424.047.04 S 424.047.04 5/1/2006 10/30/2006 No 200 West Oak Street Fort Collins, CO 80522 (970) 221.6775 1 SA 2008 Westminster Slurry Seal City of Westminster Dave Cantu Slurry Seal 95% S 544,358.06 S 471,594.05 4/1/2008 10/15/2008 No 6575 West 881h Ave Westminster, CO 80031 (303) 658.2501 SA 2008 Greenwood Village Chipseal City of Greenwood Village John Wanningman Chipseal 85% 5 1,398,205.00 S 473.065.24 6/1/2008 10/1/2008 No 10001 East Costilla Ave Greenwood Village 80112 (303)708-6145 SA 2010 City of Thornton Chipseal City of Thornton Brett Henry Chipseal, Hot Chipseal 90% S 536,652.46 5 474.095,66 6/1/2010 10/31/2010 No I 12450 Washington St. Thornton, CO 80241 303)538-7375 5A 2007 Loveland Chipseal City of Loveland Keil Chipseal 75% 5 479,134.96 S 479.134.96 5/15/2007 1011/2007 No 500 E. Third St. Loveland, CO 80537 (Jeff (970 962-2695 1 5A 2007 City of Northglenn City of Northglenn Joliette Woodson Hot Chipseal 90% 5 492,100.00 5 492,100.00 7/1/2007 10/1/2007 No 11701 Community Cenler Dr. Northglenn, CO 80233 (303) 450 8795 5A 2006 COOT NH 0341.067 Chipseal Colorado Dept. of Transportation Gary Dewitt Chipseal 85% S 512.549.05 S 512.549,05 51V2006 7/1/2006 No 120 N. Riverview Rd. Sterling, CO 80751 970 522.0481 5A 2006 Westminster Slurry Seal City of Westminster Dave Cantu Slurry Seal 95% 5 518.026.38 S 518.026.38 5/1/2006 9/15/2006 No 6575 West 88th Ave I` Westminster, CO 80031 (303) 658-2501 SA 2007 Douglas County Chipseal Douglas County Karl Lucero Chipseal 90% 5 540.200.07 S 540,200.07 5/15/2007 9/30/2007 No 100 3rd Street Castle Rock, CO 80104 (303) 660-7490 SA 2010 City of Loveland Chipseal City of Loveland Jeff K0 Chipseal 100% 5 538,760.67 S 583.739.44 7/1/2010 9/30/2010 No 500 E. Third St. Loveland, CO 80537 (970) 962-2695 SA 2007 Jefferson County Jefferson County Rick Pollock Slurry Seal 95% 5 585 424.24 5 585.424.24 6/1/2007 10/30/2007 No 21401 Golden Gate Canyon Rd Golden, CO 80403 (3031271.5294 5A 2006 C00T SH1131.005 Chipseal Colorado Dept. of Transportation Gary Dewitt Chipseal 85% S 603,527.91 5 603,527.91 5/1/2006 7/1/2006 IN 120 N. Riverview Rd. Sterling. CO 80751 970 522-0481 SA 2009 Centennial Resurfacing City of Centennial Rick Coldsnow Slurry Seal 100% 5 668,013.00 S 614,642.68 7/15/2009 10/30/2009 No 12503 E. Euclid Dr. CO 80111 ICentennial, (720) 874 6500 — A-1 Chipseal Co. 50 Largest Completed Projects in the Past Five Years SA County Sluny Seal Jefferson County Rick Pollock Slurry Seal 95% S 358.134.00 S 341.138.25 8/1/2009 10/30/2009 No 12009jef.erson 21401 Golden Gate Canyon Rd Golden, CO 80403 (303)271.5294 5A Jefferson County Slurry Seal Jefferson County Rick Pollock Slurry Seal 90% S 622.751.70 S 622.751 70 6/1/2006 10/30/2006 No �2006 21401 Golden Gate Canyon Rd Golden. CO 80403 (303) 271-5294 SA 2108 Colorado Springs Chipseal City of Colorado Springs Elizabeth James Chipseal 95% S 550.301.60 S 632.416.60 5/1/2008 611120D8 No 688 Geiger Court Colorado Springs. CO 80915 t (719)385.6813 SA Thornton Chipseal City of Thornton Brell Henry Chipseal 85% S 651.172.40 S 651.172.40 5/1/2007 8/30/2007 No I2007 12450 Washington St. Thornton, CO 80241 (303) 538-7375 5A City of Centennial Street Resurfacing City of Centennial Rick Coldsnow Slurry Seal Y Crackseal 100% S 569,903.99 S 683,714,78 7/1/2010 10/31/2010 No 12010 12503 E. Euclid Or. Centennial, CO 80111 I (720) 874-6500 SA Westminster Slurry Seal Program City of Westminster Dave Cantu Slurry Seal, Crackseal 87% S 703.204.29 S 687.940.81 7/1/2010 9/30/2010 No 111110 6575 West 88th Ave Westminster, CO 80031 (303)658-2501 SA Centennial Slurry Seal City of Centennial Rick Coldsnow Slurry Seal 95% S 719.711.60 S 716.950.40 611/2008 10/1/2008 No 12008 12503 E. Euclid Dr. Centennial. CO 80111 (720)874-6500 SA CDOT SH 60 Y SH 257 Colorado Dept. of Transportation Gale Siedenburg Chipseal 85% $ 834.834.00 5 724,942.35 5/12008 7/1/2008 No 120118 120 N. Riverview Rd, Sterling, CO 80751 (970)522-D481 5A Northglenn Street Improvements City of Northglenn Joliette Woodson Hot Chipseal 60% S 904,030.28 $ 724.942 35 711/2008 9/30/2008 No 12008 11701 Community Center Dr. Northglenn, CO 80233 (303)450-8795 SA 2009 Town of Vail Paving Town of Vail Chad Satli Paving, Patching 90% S 697.696.00 S 725.659,44 6/l/2009 10/30/2009 No 1309 Elkhorn Dr. Vail, CO 81657 (9701479-2100 SA Douglas County Chipseal Douglas County Karl Lucero Chipseal 95% S 768.207,80 S 768,207 80 5/12006 9/1/2006 No 12006 100 3rd Street Castle Rock, CO 80104 I (303)660-7490 5A Douglas County Chipseal Douglas County Karl Lucero Chipseal 88% $ 987.687.00 S 855.011 67 6/15/2009 9/1/2009 No 120D9 100 3rd Street Castle Rock. CO 80104 303 660-7490 5A 2006 Colo. Springs Chipseal City of Colorado Springs Elizabeth James Chipseal 95% S 945.673.61 S 945,673.61 5/1/2006 9/1/2006 No 688 Geiger Court Colorado Springs. CO 80915 (7191385.6813 SA 2006Aurora Chipseal City of Aurora Willie Brown Chipseal 95% S 961.399.02 S 961.399.02 5/1/2006 9/15/2006 No 15151 E. Alameda Ave Aurora, CO 80112 (303)326-8208 SA 2007 Parker Hot Chipseal Town of Parker Ron Martinez Hot Chipseal 70% S 962.323.02 S 962.323.02 6/15/2007 9/152007 No 20120 E. Mainstreel Parker, CO 80138 (303)805-3163 SA Colo. Springs Chipseal City of Colorado Springs Elizabeth James Chipseal 95% S 998,316A5 S 998.316A5 5/1/2007 7/l/2007 No 12007 688 Geiger Court Colorado Springs, CO 80915 (719)385.6813 A-1 Chipseal Co. 50 Largest Completed Projects in the Past Five Years 5A 2009 Jefferson County Slurry Seal Jefferson County Rick Pollock Slurry Seal 95% S 358,134.00 S 341.138.25 8/1/2009 10/30/2009 No 21401 Golden Gale Canyon Rd Golden. CO 80403 (3031271Z294 5A 2007 Aurora Surface Treatment City of Aurora Willie Broom Chipseal 90% S 1,003,359,82 S 1 003,359.82 5/1/2007 9/30/2007 No 15151 E. Alameda Ave Aurora, CO 80112 (303)326 8208 5A 2008 Louisville Resurfacing City of Louisville Craig Duffin Hot Chipseal 70% S 1.128.803.30 S 1.014 881.88 6/1/2008 9/30/2008 No 749 Main St. Louisville. CO 80027 (303) 335-4602 5A 2008 City of Aurora Street Resurfacing City of Aurora Willie Brown Chipseal 90% S 1,035,528.50 S 1,029,384.12 6/1/2008 10/1/2008 No 15151 E. Alameda Ave Aurora, CO 80112 (303)326.8208 5A 2006 Denver Chipseal City and County of Denver Lindsey VanCleave Chipseal 901/6 S 1.049.620.80 S 1.049.620.80 3115/2006 9/15/2006 No 201 W Colfax Ave I Denver, CO 80202 (303)446-3466 5A 2008 City of Brighton Capeseal City of Brighton Bob Younger Capeseal B Crackseal 95% $ 1,010,958.60 S 1,073,005.24 6/1/2008 10/l/2008 No 22 S. Ch Ave , Brighton. CO 80601 (303)659.4050 5A 2007 Westminster Chipseal City of Westminster Dave Cantu Chipseal 95% $ 1,176,045.01 $ 1,176,045.01 5/1/1007 9/10007 No 6575 West 881h Ave Westminster, CO 80031 (303)658-2501 5A 2010 PPRTA Colorado Springs City of Colorado Springs Elizabeth James Chipseal 100% $ 758.013.65 S 1,214,016.45 8/1/2010 9/30/2010 No 688 Geiger Court Colorado Sprngs, CO 80915 (719)385-6813 SA 2006 Westminster Chlpseal City of Westminster Dave Cantu Chipseal 95% $ 1,257,279.86 $ 1.257.279.86 5/1/2006 gl15/2006 No 6575 West 881h Ave Westminster. CO 80031 (303)658-2501 5A 2009 Parker Chipseal Town of Parker Chns Hudson Hot Chipseal 62 % S 1 478,392.00 $ 1,370,763.30 7/15/2009 10/1/2009 No 20120 E. Mainstreet Parker, CO 80138 (303)805-3163 5A 2008 Thornton Slurry Seal City of Thomlon Brett Henry Slurry Seal 95% S 1,018,640.00 S 1.375.334.96 5/1/2008 10/15/2008 No 12450 Washington St. Thornton, CO 80241 (303)538-7375 5A 2007 Denver Chipseal City and County of Denver Lindsey VanCleave Chipseal 90% S 1,389,642.71 S 1.389.642.71 4/1/2007 10/30/2007 No 201 W Colfax Ave Denver, CO 80202 (303)446-3466 5A 2009 Aurora Surface Treatment City of Aurora Willie Brown Chipseal 92% S 1,375,556.00 S 1,416,525Z9 8/1/2009 9/30/2009 No IS151 E. Alameda Ave Aurora, CO 80112 (303) 32"208 5A 2008 Westminster Chipseal City of Westminster Dave Cantu Chipseal 90% S 1.339.962.60 $ 1.438.674.48 5(1/2008 9/30/2008 No 6575 West 88th Ave Westminsler. CO 80031 (3031658.2501 5A 2009 Westminster Chipseal City of Westminster Dave Cantu Chipseal 8 Hot Chipseal 67% S 1.568.360,00 S 1,570,485.41 5/15/2009 9/1/2009 No 6575 West 881h Ave Westminster, CO 80031 (3031658-2501 5A 2008 Parker Hot Chipseal Town of Parker Chris Hudson Hot Chipseal 60% S 1,598,395.30 S 1.579 468,74 7/1/2008 10/15/2008 No 20120 E. Mainstreet Parker. CO 80138 (303) 805.3163 M C ®. M M M M M A A M M 0 M A M O � � A-1 Chipseal Co. 50 Largest Completed Projects in the Past Five Years 5A 2009 Jefferson County Slurry Seal Jefferson County Rick Pollock Slurry Seal 95% S 358.134.00 5 341.138.251 8/1/2009 10/30/2009 No 21401 Golden Gale Canyon Rd Golden, CO 80403 303) 271-5294 5A 2WO Parker Street Resurfacing Town of Parker Chris Hudson Hot Chipseal & Slurry 77 % S 1,747,385.91 S 1,868,514.82 7/1/2010 10/31/2010 No 20120 E. Mainstreet Seal. Crackseal Parker, CO 80138 (303) 8053163 5A 2010 City of Aurora Surface Treatment Program City of Aurora Willie Drown Chipseal 97 % S 1,998,441.18 S 1,939,189.68 6/1/2010 8/31/2010 No 15151 E. Alameda Ave Aurora, CO 80112 (303)325-8208 SA 2008 Denver Chipseal & Crackseal City and County of Denver Lindsey VanCleave Chipseal & Crackseal 90 % S 2.348.500.00 S 2.347.429.83 3/1(2008 5/31/2009 No 201 Vy Colfax Ave Denver, CO 80202 (303) 4463466 SA 2010 CDOT Project ES64701-118 Colorado Dept, of Transportation Ron Buck MicrosuHacing 100% S 3.800.549.01 S 2.502.216.97 10/1/2009 7/31/2010 No 120 N. Riverview Rd. Sterling, CO 80751 (303)972-9112 5A 2010 Broomfield Microsurfacing and Chipseal Cilyof Broomfield Les Wedacher Chipseal, Crackseal& 70% S 2,779,056.22 S 2.797.415.18 3/10/2010 11/15/2010 No 3001 W. 124m Ave 1(303) Microsunaong Droomfield, CO 80020 464-5675 A-1 Chipseal Co. Asset List As of 7/26/2011 Now Unit No. Year Description Vin / Serial # Plate No. 11100 1998 Ford CrownVicloda 2FALP71W2TX197947 831JDB 11101 2004 Chevy Impala 2G11NH55K649239941 803JDB 11102 2009 Lincoln MKZ - (Leased) 3LNHM28T69R614657 0241XZ 11211 2000 Chevy 1500 P.U. 1GCEK19T6YE362741 064TFE 11212 2000 GMC 1500 1GTGK24R8YR216425 065TFE I1214 2001 Chevy S10P.U. 1GCCS14W418186298 0021XZ 11217 2002 Chevy S10 P.U. 1GCCT191N928133619 066TFE 11220 2002 Ford F-150 1FTRX18L92NBO7884 498FHR 11222 2002 GMC 1500 Yukon 1G KEK13Z32J184769 067TFE .1223 2003 Chevy S10 P.U. 1GCCT19X838118670 068TFE 1224 2003 Chevy S10 P.U. 1GCCT19X238266491 069TFE 1225 12003 Chevy S10 P.U. 1GCCT19X738232000 070TFE 1228 C2004 Ford F-150 1FTPX14544NB27736 481FHR 1229 2004 Ford F-150 2FTRX17W84CA27903 484FHR 1230 2005 Ford Explorer IFMZU73K85UA03161 801JDB 1231 2006 Ford Explorer IFMEU74836UA07038 0211XZ 1232 2007 GMC 1500 Sierra 2GTEK13M971602835 837JDB 1233 2008 GMC 1500 Sierra 36GTEK13398G131561 746HRV 1234 12008 Ford F-150 XL 1 FTVX14598KD53057 216HXK 1235 2008 Chevy 1500 Silverado 1GCEK19J18E122446 217HXK 1236 2009 Lincoln Navigator (Leased) 5LMEL28599LJO0227 TEMP 1237 2009 GMC 1500 Sierra Denali 2GTEK638281313166 0221XZ 11238 2010 FordF-150 1FMA11EV7AK834254 11300 1990 Chevy 2500 P.U. 1 GBGC24K2LE193857 071TFE 11302 1996 Chevy 2500 P.U. 1GCGK29R8TE232522 072TFE 1303 1998 Chevy 2500 Silverado 1 GCGK29J61NE 173632 073TFE 11305 2000 Chevy 2500 P.U. 1GCG K29U8YE233200 074TFE 11306 �2000 Chevy 2500 Silverado 2GCE K19T6Y 1142081 075TFE 11308 12000 Chevy 2500 P.U. 1GCGK24R6YF483659 076TFE 11309 12000 Chevy 2500 P.U. 1GCG K24R8YF482951 077TFE 11310 I2000 Chevy 2500 P.U. 1GCGK24ROYF481969 078TFE 11312 12001 Chevy 2500 Silverado 1GCHK29G1IE198438 079TFE 11314 12001 Chevy 2500 HD 1GCHK24UI I Z306319 080TFE 1315 12001 Chevy 2500 HD 1GCHK24U81Z310108 081TFE 11316 12002 Chevy 2500 Silverado 1GCHK29G32E700768 082TFE .1317 12005 Ford F-250 SD IFTSX20555EA42282 494FHR 1318 12006 GMC 2500 Sierra 1GTHK29U66E241880 215HXK 1319 12008 GMC2500Sierra 1GTHK23K78F179216 213HXK 1404 11997 Chevy 3500 Flatbed 1GBHC34R7VF052870 083TFE 1405 11998 GMC 3500 (Dump) 1GDKC34F51NF041290 084TFE 1407 11998 GMC3500Sierra 1GTHK33F9WF018629 085TFE 1408 11998 Chevy 3500 P.U. 1GCHK33R71NF033530 086TFE 1409 11998 IChevy 3500 P.U. 1GCHK33RX\NF019735 087TFE 1410 11998 GMC 6500 Flatbed 1GDJ6H1C7WJ517997 218HXK I 1 I L� I I I I A-1 Chipseal Co. Asset List As of 7/26/2011 New Unit No. Year Description Vin / Serial # Plate No. 1413 1999 GMC 450OW Flatbed 4KD84B1R6XJ000106 496FHR 1414 1999 GMC 4500 Flatbed 4KDB4BI R4XJ000038 495FHR 1415 2000 Chevy 3500 P.U. IGTHK33R4YF502124 11OTFE 1416 2000 GMC3500 1GDHK34RXYF491365 088TFE 1417 2000 GMC 3500 IGBHK34R2YF474438 089TFE 1418 2001 Ford F-350 1 FTSX30F71 EA44916 482FHR 1419 2001 Chevy 3500 1GBJC39G1IF106974 090TFE 1420 2002 GMC 350OW Flatbed J8DB4B14427005026 493FHR 1421 2002 GMC 3500 16' Van Box 1 GDH31 RX21900538 091TFE 1422 2002 FordF-350 3FTSW31F83MA04793 092TFE 1424 2003 FordF-350 1FDWF36PO3EC13676 093TFE 1425 2004 GMC 3500 1GDJC34U14E247400 094TFE 1426 2005 Ford F-350 1FTWX30P75EB26371 490FHR 1427 2006 Ford F-350 1FDWF37PO6EC16323 095TFE 1428 2006 Ford F-350 1FTWW31P86EB94472 483FHR 1429 2006 Ford F-350 SD 1FTWX31P96EB98981 486FHR 1431 2007 GMC 3500 Sierra 1 GTHK33D77F161420 832JDB 1432 2007 GMC 450OW Flatbed 18DC4,116977015459 838JDB 1433 2007 GMC450OWFlatbed J8DC4J16677014849 212HXK 1434 2005 12008 FordF-350 1FTWW31P85EB27160 497FHR 1444 FordF-450 IFTXW43R38ECO8869 745HRV 1501 1994 Chevy 3500 Service Truck 1GBJC34F7RE159887 096TFE 1502 1994 Chevy 3500 Service Truck 1 GCHK34K9RE175051 174TFE 1503 1998 Freightliner Mechanics Truck 1FV3EFFC2WH926210 0031XZ 1504 2000 Chevy 3500 Service Truck I1GBJC34J5YF461000 109TFE 1505 2008 GMC 3500 Sierra I GDJK39618E 174645 049TFE 2101 1992 GMC 7000 Sealcoat IGDJ7HIP4NJ516532 098TFE 2102 2103 1996 2001 GMC 7000 Sealcoat GMC 7000 Sealcoat 1GDJ7H1P2TJ850197 1GDJ7H1E91J506541 099TFE IOOTFE �2206 2002 GMC7000Infrared 1GDJ7H1E12J900679 119TFE 2207 2002 GMC 7000 Infrared 1GDJ7H1E12J900844 707FVB 2208 2002 GMC 6500Infrared 1GDJ7H1E52J900782 112TFE 2210 2011 FreighllinerM2106 I FVACXB S I BDAW8 5 10 169VBG 2211 2011 FreightlinerM2106 IFVACXBSIBDAW8511 2300 1998 International Distributor 1HTGLAHT2WH541204 475FHR 2301 2002 Kenworth Distributor 1NKDLUOX52R892661 472FHR 2302 2003 Kenworth Distributor INKDLBOX23J393918 473FHR 12303 2006 Kenworth Distributor 1NKDLBOX16R132088 476FHR 2304 2007 Ford F-750 Etnyre Distributor 3FRXF75G67V508702 173TFE 2400 2007 SterlingNSS 2FZHATDJ27AX55463 478FHR 2401 2007 SterlingNSS 12FZHATDJ47AX55464 477FHR 2402 2007 Freightliner/Bergkamp 1FVHC5CV27HW73595 479FHR 2403 2007 Freightliner/Bergkamp IFVHC5CV07HW73594 480FHR 2404 2010 Freightliner/Bergkamp 1FVHC5CV3ADAN5333 175TFE A-1 Chipseal Co. Asset List As of 7/26/2011 New Unit No. Year Description Vin I Serial # Plate No. 2500 1998 Chevy 3500 Crackseal IGDKC34F4WJ503108 101TFE 2501 2001 GMC 5500 Flatbed J8DE5B14017900523 485FHR 2502 2002 GMC 6500 Tap kick Crackseal 1 GDJ7H 1 E62J900967 102TFE 2600 1995 Ford Water Truck IFTYS95W3SVA58477 474FHR 2601 2005 International Water Truck IHTMMAAL05H691787 172TFE 2700 1979 Freightliner Tractor C131I3HP172086 854ESZ 2701 1984 Freightliner Tractor 1 FUPYDYB6EP254274 646RBP 2702 1989 Pelerbilt Tractor IXPFOB9XOKD280720 855ESZ 2703 1989 Pelerbilt Tractor 1XPFDB9XXK0284368 856ESZ 2706 1995 Volvo Tractor 4VIWDBCHlSN693115 449RBP 2707 1995 Kenworlh Tractor 1 XKADR9X4SS647400 448RBP 2712 1996 Mack CH613 1M2AA18Y2TWO69271 647RBP 2716 1998 PeterbillTractor IXP5DU9X6WN450957 857ESZ 2717 1999 Mack CH613 IMIAA18YXXWO95207 648RBP 2718 2000 International Tractor 2HSCEAXROYCO72580 055JDE 2809 11993 lFreightliner Tandem 1FUPDXYBIPP422659 214HXK 2810 1995 Mack CHG613 Tandem I Material Box 1M1AA18Y4SWO51406 103TFE 2811 1995 Mack CHG613 Tandem I Rock Box 1 M1AAI8Y2SWO43949 104TFE 2812 1995 Mack CHG613 Tandem / Material Box 1 MlAA18YOSWO43948 105TFE 2813 1997 Mack CHG613 Tandem I Rock Box IM1AA18Y1VW077935 106TFE 3100 1996 Home made 12' Trailer ID10020527CO 572RBP 3104 1999 Felling Trailer 5FTUE1013X1012638 576RBP 3105 1999 Home made 12' Trailer ID1002161000 577RBP 3106 2000 Maxey 14' Trailer ILHTIOBTTlYI010719 649RBP 3109 2001 Maxey 15' Trailer IM90T12E311104210 652RBP 31lO 2001 Trailer 16' Wrap 5CVUS16251SO09720 831ESZ 3111 2001 Trailer 5X10 5CVTSIOIXlSO09403 832ESZ 3112 12001 1 Hill Top Trailer 1012052245CO 653RBP 3113 2002 Maxey 20' Trailer 5APDU16252LOO1611 654RBP 3114 2002 Maxey 15' Trailer 11VI90T12E221104264 655RBP 3115 2003 Trailer Exp. 16' Utility 5CVUS16283SO20679 833ESZ 3116 2003 Maxey 15' Trailer 1M9DTI2EX31104353 656RBP 3117 2004 Tempco 12'Trailer 1T9P361244M737266 657RBP 3119 2004 Landoll16'Trailer lLHTlOBT341013499 659RBP 3121 2005 Landoll 16' Trailer 1LHTIOBT151014085 660RSP 3122 2005 Landoll 16' Trailer lLHSIODT251014184 661RBP 3124 2005 PJ Utility Trailer 4P5SA141352079079 834ESZ 3125 2006 Trailer I 02"x2O' 5L8GF252261004368 846ESZ 3126 2006 PJ Utility Trailer 4P5CH162162086801 848ESZ 3129 2006 Ponovated Trailer MFG 5PDAU 10136ROO4737 662RBP 3130 2006 Jackson Trailer 1J9FS121061033286 663RBP 3131 2007 Trailer 4ZETD202871036081 664RBP 3133 2007 Maxey 15' Trailer 1M9DT12E471104077 666RBP 3134 2007 Landoll 16' Trailer ILHS100T071015868 667RBP I I I I I I 1 A-1 Chipseal Co. Asset List As of 712612011 New unit No. Year Description Vin / Serial # Plate No. 3135 2008 Home Made 000069AA 668RBP 3136 2008 PJ Utility Trailer 4P5F8222181112069 567FHR 3137 2008 Carry On Trailer 4YMCLO8198TO19302 568FHR 3138 2001 Sport Trail 5APUF10171LOO1215 738RBP 3139 2011 BIG TEX TRAILER 16VFX1828A2357664 3200 1984 Trail King 1TKCO2124DM103969 765ASF 3203 2005 Cascade Custom 1C9HF32335C673066 671RBP 3204 2008 Kaufman Trailer 5SHFH25288B000454 562FHR 3205 2006 Superior Trailer 1S9DP27226C241041 529RBP 3206 2007 Trailboss 20-ton 4SODP302481002806 TEMP 3300 2001 Trail boss 35-ton 4SOOK482311000401 672RBP 3301 2006 Trail boss 50-ton Tn-axle 4SODK533561002261 673RBP 3302 2006 Trail King Trailer48' 1TKA048246MO45941 836ESZ 3303 2007 Trail King Trailer 48' 1TKA048257MO30625 070JDE 3400 1959 Fruehauf Tanker OM16650C 847ESZ 3401 1960 Fruehauf Tanker Pup FR50716 841ESZ 3402 1964 Freuhauf Tanker FRE225501 852ESZ 3403 1972 Beall Tanker DITS2291711 853ESZ 3404 1973 Fruehauf Tanker FRP518004 570FHR 3405 1977 Temple Tanker Pup D77158103 850ESZ 3406 1980 Cowboy 2 Axle Trailer Pup TR 100580 843ESZ 3407 1980 Cowboy 2 Axle Trailer Pup TR 100780 842ESZ 3408 1985 Fruehauf Tanker 4TO4320FLOO9806 838ESZ 3409 2007 Etnyre Tanker 1E9T582867EO07273 071JDE 3502 1991 Lufkin Dump Trailer 1 L01C3826M1092977 447RBP 3510 2000 Rancho Rock Dump Trailer 1 R9ESC500YL008275 736RBP 3511 2002 Clement Dump Trailer 5C26838BO2M003522 849RBO 3512 2004 Trail King Live Bottom Trailer 1TKLC41264WO36184 848RBO 3513 2004 Trail King Live Bottom Trailer 1 PKLC41204WO47312 847RBO 3602 2004 Marathon Crackseal 2M9GMK1TO4H102128 1556RBP 3603 2004 Cimline 230 Melter 4230206 1844ESZ 3604 2008 Cimline 230 Melter 05-230-281A J569FHR 3605 2006 Marathon 245 Diesel Skid / on back of 2502 3650 1988 HB 500gal Tack Trailer ID 1124935CO I482RBP 3653 12003 Gilcrest Tack Tank 1P9BT111531446016 I903ESI 3654 PB Loader Tack Trailer (TEMP 3750 1994 Ingersoll Rand 185CFM 239885UIE328 674RBP 3751 2001 Atlas Copco XAS96 450OA06111HOO1244 737RBP 3752 2002 Ingersoll Rand 185CFM 330919UFM221 675RBP 3753 2003 Ingersoll Rand 185CFM 4FVCABAA63UOI 1243 I676RBP 3754 2005 Sullair Air Compressor 4149928 I909ESI 3800 1979 Amida Arrow Board 86081474 I830ESZ 3801 1991 Wanco Arrow Board 323912 I211ESC 3802 1994 IAmida Arrow Board 1940323104 I552FHR I A-1 Chipseal Co. Asset List As of 7/26/2011 New Unit No. Year Description Vin / Serial # I Plate No. 3803 1997 IWanco Arrow Board 1V191S1018V1249213 553FHR 3804 2007 IWanco Arrow Board 5F11S101371001918 554FHR 3805 Wanco Arrow Board SF11SIO1881001558 TEMP 3850 2005 Wanco Message Dir. 5F12S121551001692 907ESI 3851 2005 Wanco Message Dir. 5F12SI21751001693 906ES1 3900 2004 Superior Trailer/Power Washer 1S9AP10274C241069 835ESZ 4102 1998 Wacker R D11A scrap 769301023 X183021 4105 1999 Wacker R D11A scrap 5060397 X183033 4108 2001 Wacker Roller 5214194 X193747 4109 12007 Wacker Roller 5702137 X193748 4110 2007 Wacker Roller 5740143 X193749 4111 2007 Wacker Roller 5748467 X193750 4112 2010 Bomag BIN 90-AD 101460541012 X159556 4113 2010 Bomag BIN 90-AD 101460541011 X159557 4151 1996 Ingersoll Rand DD-24 Roller 145116 X193746 4154 12003 Cat C8434C Roller 40NO0513 X193744 4155 2003 Cat C8434C Roller 4DNO0511 X193743 4156 2005 Hypac 747C 10188022052 X159554 4160 2003 Cat 335D Combo Roller BBVI/00324 X184498 4180 2004 Ingersoll Rand SD-45 178688 X193819 4200 2006 Lee Boy 420 Pneumatic Roller 45763 X193742 4250 1997 Ingersoll Rand PT-125R 149294 X193741 4251 2000 Hypac Roller 109A22201760 X193615 4252 2002 Hypac Roller 109A22201942 X193616 4253 2005 Hypac Roller 901A22202173 X193510 4254 2006 Hypac Roller 901A22202277 X193614 4290 2010 Seal Master SP575 E1005007 4301 2001 Case 85XT JAF0298050 X193755 4302 2001 Bobcat773 519020359 X193738 4303 2001 BobcatS300 525815526 X193737 4304 2005 BobcatS250 526017585 X193756 4305 2005 BobcatS250 526017661 X193757 4306 2005 BobcatS250 526017616 X193758 4307 2007 BobcatS300 531113625 X193613 4330 1995 John Deere 310 Backhoe T0310DA785421 X193754 4340 1992 TCM FG30NT Forklift A23560725 X193752 4350 1991 Case Loader JAK0027675 573FHR 4351 2000 Cat 938G CAT0938GV6WS03375 558FHR 4352 2001 Cat908 OBBS00947 735RBP 4353 2006 Cat 938G CAT0938GARTBO2220 767JDC 4354 2007 Volvo L180E L180EV9166 4355 2004 Volvo L90E L90EV66508 905ESI 4356 2005 Volvo L90E L90EV67053 053JDE 4357 2008 Cat 914G 1POF01170 740RBP A-1 Chipseal Co. Asset List As of 7/26/2011 New unit No. Year Description Vin / Serial it Plate No. 4380 2007 John Deere 6700 Blade DW670DX614248 739RBP 4400 2003 Slaw-Knox5510 Paver 551032-24 X193753 4401 2005 Bomag 813RT Paver 911835001088 X193751 4402 2002 Lee Boy 8500 Paver 3011 X193820 4450 1986 Etn re Chip Spreader K4886 X193734 4451 2002 Bearcat Chipper 1B9BC1629YA173009 X193612 4452 2005 BearcatChipper 1B9BC16205A173007 X193611 4500 2005 Broce Broom RCT350 404596 908ES1 4501 2008 Broce Broom RCT350 405988 519RBP 4550 12007 Broce Broom MK-1 50027 563FHR 4601 1994 Johnston 705 Broom/Ford PARTS 1 FDYH81 EORVA38196 910ESI 4602 1995 Johnston 605 BroomlFord 1FDXH70C6SVA31362 212ESC 4603 1995 Johnston 605 Broom/Ford 1 FDXH70CXSVA67085 904ESI 4604 1999 Johnston 605 Broom/Sterling 49H67FAAXXHB70797 054JDE 4605 2006 Elgin Sweeper/Sterling 49H6WFAA7YHF84351 210ESC 4700 8012 2008 1991 Power Screen Chieftain 1400 Case Loader JAK0027731 826ES2: 8013 1992 Strick 28' Van Trailer IS 11 S8286NG345817 NONE CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release (Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 A-O N E Key Personnel Work Resumes s . , n Ben Vagher 30 President, Owner New Product Development, Estimating, Contract Compliance, A-1 Chipseal Co. 1992 - Current EEO & Safety, Quality Assurance, Customer Service, Cost Western Mobile 1980-1996 Accounting. Board of Directors Daniel J Gryzmala 8 Vice President, Estimator, Owner Operations, Estimating, Contract Compliance, EEO & Safety A-1 Chipseal Co. 2007 - Current Manager, Quality Assurance, Customer Service, Cost RG Insulation 2001-2007 Accounting, Board of Directors Nick Zieser 25 Treasurer, Owner Financial Advisor, CPA, Problem Solving, Acquisitions, Legal, A-1 Chipseal Co. 2007-Current Board of Directors CFO Management 2009-Current Medallion Mezzanine 1997-2009 KPMG, LLP 1985-1997 Stephanie Wallis 9 Controller, Corporate Secretary Cost Accounting, Contract Compliance, EEO & Safety, A-1 Chipseal Co. 2007-Current Financial Review, Audits, Customer Service W.L. Contractors 2005-2007 . AmWest Well and Pump 2001-2005 Rick Whitfield 27 Operations Manager Operations, EEO & Safety Manager, Quality Assurance, A-1 Chipseal Co. 2009 - Current Customer Service, Cost Accounting, Project Management, Job Black Rock Paving 2004-2009 Performance Lafar a West Inc.1983-2004 Renee White 12 Accounts Receivable Manager Cost Accounting, Unit Price Billing, AIA Billings, Contract A-1 Chipseal Co. 2009 - Current Compliance Rocky Mountain Pavement 1998-2008 Jeff Gross 16 Estimator Estimating, Customer Service, Cost Accounting, Job A-1 Chipseal Co. 2009 - Current Performance, Contract Compliance, Project Management New West Paving 2007-2009 Premier Paving 2005-2007 Lafarge 1985-2005 John Johnson 30 Estimator Estimating, Customer Service, Cost Accounting, Job A-1 Chipseal Co. 2010 - Current Performance, Contract Compliance, Project Management Sem Materials 2007-2009 City of Aurora 1980-2007 Paul Salazar 16 Asset Manager Equipment Sales & Acquisitions, Equipment Mantenance, A-1 Chipseal Co. 1997 - Current Employee Training, Safety, Crew Manan ement Western Mobile 1994-1997 Joshua Kruger 14 Chipspreader Operator Distributor Operator, Safety A-1 Chipseal Co. 2009 - Current Aztec 1998 - 2008 Kevin Furney 19 Distributor Operator Distributor Operator, Safety A-1 Chipseal Co. 1996 - Current Western Mobile 1991-1996 Luis Ortega 17 Slurry Seal & Crackseal Supervisor Customer Service, Crew Management, Job Performance, A-1 Chipseal Co. 2005 - Current Employee Training, Safety Quality Resurfacing 1995-2005 Jaime Ortega 17 Slurry Seal & Crackseal Foreman Operator, Customer Service, Safety, Employee Training A-1 Chipseal Co. 2D05-Current Quality Resurfacing 1995-2005 Eloy Medina 16 Brooming Supervisor Broom Operator, Safety, Traffic Control, Crew Manangement A-1 Chipseal Co. 1997- Current Western Mobile 1994-1997 M M M M M M M = M M M M M M M M M M M M ® O 0 0 M M A -ONE Contractors Licenses and Permits Owner Type Number Expiration Date Bond Arvada, City of Contractors License Type MC -SS L06-0010 4/4/2012 $ 20,000.00 Aurora, City of Contractor License 2009 416863 00 CL 9/1/2011 $ 20,000.00 Aurora, City of Business License 49259 5/18/2013 NONE Aurora, City of Contractors License - ROW Concrete 2010 514494 00 CL 1/1/2012 None Boulder, City of Contractors License -Right of Way LIC-0008814-28 10/8/2011 Continous Brighton, City of Contractor License -Type D CL-02990 6/26/2012 $ 5,000.00 Broomfield, City if Contractor Regis tration-GenA OL-10-06474 7/30/2012 Centennial, City of Contractor Business License CEN004928 6/30/2011 Commerce City, City of Subcontractor Right of Way 101432 12/31/2011 NONE Denver, City & County of ROW - Paving 234637 6/30/2012 $ 50,000.00 Englewood, City of Contractors License-D05 Exc/Drill/Drain 15537 8/9/2012 UNKNOWN Erie, Town of Contractors License 2183 12/31/2011 Evans, City of Business License 544 12/31/2011 NONE Firestone, Town of Contractors License - Type C 11C-FIRCO-035 12/31/2011 NONE Fort Collins, City of Contractors License & Right of Way License no assigned ft 6/25/2012 $ 20,000.00 Fort Collins, City of Right of Way License no assigned # 6/25/2012 $ 10,000.00 Fort Lupton, City of Contractor License -Type B 2010026 12/31/2011 NONE Fort Morgan, City of Contractor's License SS7 12/31/2011 Fredrick, Town of Contractor's License - Type A 553 12/31/2011 Golden, City of Contractor Registration 2326 11/15/2011 Greeley, City of Paving Contractor License 21276 6/30/2012 $ 10,000.00 Greenwood Village, City of Contractors License - Level D OL-10-OOSSS 10/10/2011 Lafayette, City of General A License L08-131 8/31/2011 Lakewood, City of Contractors License 15507 6/23/2014 NONE Longmont, City of Contractors License - Type D Asphalt D20000449 6/30/2012 Louisville, City of Contractors License - Type D CL00239 3/16/2012 NONE Northglenn, City of Right of Way License 10-ROW-011 12/31/2011 NONE Platteville, Town of Contractor's License 10-011 S/3/2012 NONE Sheridan, City of Contractors License 50187 10/31/2011 Sterling, City of Building Contractor License 4993 6/2/2012 NONE Thornton, City of Asphalt/Concrete Paving License - Type D 13756 4/15/2012 NONE Vail, Town of Contractor Registration 374-A 4/30/2014 Westminster, City of D-Public Way Contractor 60731047 6/30/2012 $ 5,000.00 Wheat Ridge, City of Class B 19670 11/12/2011 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract. ITEM SUBCONTRACTOR Hot Chipseal Asphalt Paving, 14802 W 44th Ave. Golden, CO 80403 SECTION 00500 AGREEMENTFORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD DATE: August 4, 2011 ' TO: A-1 Chipseal Co. PROJECT: 7256 Hot Applied Chipseal Overlay 2011 OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated July 26, 2011 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 7256 Hot Applied Chipseal Overlay 2011. ' The Price of your Agreement is One Million Five Hundred thirty four Thousand six hundred sixty seven Dollars and Seventy -Two Cents ($1,534,667.72). Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. ' You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by August 19, 2011. ' 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. ' Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. ' City of Fort Collins OWNER jarnes'i6. O'Neill, II, CPPO, FNIGP Director of Purchasing & Risk Management 1 I I 0 I I I I I 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 41h day of August 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 Chioseal Co. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the Hot Applied Chipseal Overlay 2011 and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by City of Fort Collins Street Maintenance, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 This is a one year agreement but, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Pricing changes shall be negotiated by and agreed to by both ' parties and may use the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office as a guide. ' 3.2 The Work shall be Substantially Complete within thirty (30) 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 five (5) calendar days after the date when the Contract Times commence to run. 3.3. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. U 0 a 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. a 1) Substantial Completion: One Thousand Dollars ($1,000.00) for each calendar day or fraction thereof that expires after the thirty (30) working day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Five Hundred Dollars ($500.00) for each calendar day or fraction thereof that expires after the five (5) 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: One Million Five Hundred thirty four Thousand six hundred sixty seven Dollars and Seventy - Two Cents ($1,534,667.72), in accordance with Section 00300, attached and incorporated herein by this reference. ' ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article ' 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. ' 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of ' units completed, and in accordance with the General Requirements concerning Unit Price Work. ' 5.1.1. Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the aggregate of payments Previously made and less such amounts as ENGINEER shall ' determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of the value of Work completed until the Work has been 1 1 1 1 1 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 I 0 provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, ' investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. ' of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, ' examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ' ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other ' items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions ' in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the ' following: 7.2.1 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: 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 1 to 2, inclusive. 7.5. The Contract Documents also include all written amendments and other ' documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. ' 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General ' Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. ' 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in ' any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, ' Agreement and obligations contained in the Contract Document. m D I ITV I I I I I [I I I I I I 1 1 SECTION 00020 INVITATION TO BID 1 I 1 I I 1 CITY OF FO N ATTEBERFZY, CTTY MANAGER By: i JAMES aNEILL I , P O, FNIGP DIRECTOR OF PURCHASING AND RISK MANAGEMENT Title Date: Attest: City Clerk;;�c Address for giving notices P. 0. Box 580 Fort Collins, CO 80522 Appr as Form As ist t City Attorney CONTRACTOR: By: Ben Vogher, President PRINTED Title: Date: (CORPORATE SEr4) Atte t: Stephanie a i , Address for giving notices: A-1 Chipseal Company Rocky Mountain Pavement 2001 W. 64th Lane Denver, CO 80221 License No.: I I 1 1 11 SECTION 00530 NOTICE TO PROCEED Description of Work: 7256 Hot Applied Chipseal Overlay 2011 To: A-1 Chipseal Co. 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 Co. By: Title: I 1 [1 I 1 1 1 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 1 0060D PERFORMANCE BOND Bond No. 929534181 ' KNOW ALL BY THESE PRESENTS: that (Firm) A-1 Chipseal Company (Address) 2001 West 64th Lane, Denver, CO 80221 (ari4ndividual), (a-Partnershzp), (a Corporation), hereinafter referred to as "the Principal, and (Firm) Western Surety Company (Address) 10375 Park Meadows Dr., Littleton, CO 80124 hereinafter referred to as "the Surety," are held and firmly bound unto the City of Fort Collins, 300 West LaPorte Avenue, Post Office Box 580, Fort Collins, Colorado 80522, a Municipal Corporation, hereinafter referred to as "the Owner," in the penal sum of $1, 534, 667.72 One Million Five Hundred Thirty Four Thousand Six Hundred Sixty Seven Dollars and 72/100 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 Contract Agreement with the Owner, dated the 4th day of August , 2011 , a copy of which is hereto attached and make a part hereof for the performance of City of Fort Collins Project, Fort Collins Project, 7256 Hot Applied Chipseal Overlay 2011 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Contract Agreement during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without Notice to the Surety and during the life of the guaranty period, and if he shall satisfy all claims and demands incurred under such Contract 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, and 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 Contract Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway 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 Contract 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 maybe unsatisfied. IN WITNESS WHEREOF, this instrument is executed in three counterparts, each one of which shall be deemed an original, this 5th day of August , 2011 IN PRE CE OF: 1 Stephanie Wallis, Corporate Secretary (CORPORATE SEAL) A-1 Chipseal Company By: Ben Vagher President 2001 West 64th Lane, Denver, CO 80221 (Title) (Address) Page 1 of 2 ' IN PRESENCE OF: 11 Other Partners 0 By: 0 Western Surety Corn Surety B Attorney-in-Fact '4t.�O... fAV P.; wr4eu"01 10375 Park Meadows Dr., Littleton, CO 80124 (Address) (SURETY SEAL) NOTE: Date of Bond must not be prior to date of Contract Agreement. If Contractor is Partnership, all partners should execute Bond. ' IMPORTANT: Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the Owner. MEMBER MOODY INSURANCE AGENCY, INC. ' ® [77= 8055 East Tufts Avenue, Suite 100o DENVER, COLORADO 80237 ' PHONE: (303) 824-6600 IPage 2 of 2 I' 00601 PAYMENT BOND KNOW ALL BY THESE PRESENTS: that (Firm) A-1 Chipseal Company (Address) 2001 West 64th Lane, Denver, CO 80221 (an Individual), (a+wftierahip), (a Corporation), hereinafter referred to as "the Principal," and (Firm) Western Surety Company (Address) 10375 Park Meadows Dr., Littleton, CO 80124 Bond No. 929534181 'hereinafter referred to as "the Surety," are held and firmly bound unto the City of Fort Collins, 300 West LaPorte Avenue, Post Office Box 580, Fort Collins, Colorado 80522, a Municipal Corporation, hereinafter referred to as "the Owner," in the penal sum of $1,534,667.72 One Million Five Hundred Thirty Four Thousand Six Hundred Sixty Seven Dollars and 72/100 tin 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 Contract Agreement with the Owner, dated the 4th day of August , 2011 , a copy of which is hereto attached and make a part hereof for the performance of City of Fort Collins Project, Fort Collins Project, 7256 Hot Applied Chipseal Overlay 2011 ' 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 Contract Agreement, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or tused 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 Construction 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 Construction 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. Page 1 of 2 IN WITNESS WHEREOF, this instrument is executed in three counterparts, each one of which shall be deemed an original, this 5th day of August + 2011 IN P E E OFF � G ' Stephanie Wallis, Corporate Secretary (CORPORATE SEAL) ' IN PRESENCE OF: IN PRESEN F: ^W: (SURETY SEAL) ;wSCAv. JJ4JJLNN�M\MY Principal A-1 Chioseal Comoan By: l/ Ben Vagher President (title) 2001 West 64th Lane, Denver, CO 80221 By: M (Address) Other Partners Surety Western Surety Company act Karen A. Feggestad 10375 Park Meadows Dr. (address) ' Littleton, CO 80124 ' NOTE: Date of Bond must not be prior to date of Contract Agreement. If Contractor is Partnership, all partners should execute Bond. ' IMPORTANT: Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the Owner. ' MEMBER MOODY INSURANCE AGENCY, INC. ® 8055 East Tufts Avenue, Suite 1000 DENVER, COLORADO 80237 PHONE: (303) 824-6600 Page 2 of 2 i '1 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT iKnow 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 1 Karen A.Feggestad 1 of Denver CO its true and lawful Attorney(s)-in-Fact with full power i and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature Surety Bond Number: 929534181 i Principal: A-1 Chipseal Company Obligee: City of Fort Collins Amount of Bond: See Bond Form 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 19th day of September 1 2006 ,ors°RETQRgi4 COMPANY WEST SURE i�P:oPpoT�p e m , tiP; Paul T. Bruflat, nior Vice President w,wq�TpP State of South Dakota County of Minnehaha ( ss On this 19th day of September 1 2006 , before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota, that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument: that he knows the seal of said corporation, that the seal affixed to the said instrument is such corporate seal: that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. +bbbbbbbbbbbbbbbbbbbbbbbb } My commission expires s D. KRELL s November 30 2012 i 9EAL NOTARY PUBLIC EAs s f SOUTH DAKOTA3aK-- _ D. Krell, Notary Public }Sbbbbbbbbbbb�abbbbbbbbbb� 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 printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 5th day of August 2011 WESTSURETY COMPANY - S *tioP elson, Assistant Secretaryw,. Form F3146-9-2006 Q Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. 1 C 11 ' Client#: 53076 8AICHIPS ACORD- CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 8/0812011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Willis of Colorado, Inc. 720 South Colorado Boulevard Suite 60ON CONTACT NAME: PHONE FAX PA Np Ea1: 303 722-7776 we No : 303-722-8862 E-MAIL ADDRESS: INSURERS) AFFORDING COVERAGE NAICA Denver, CO 80246 INSDRERA, Travelers Indemnity Company 25658 INSURED A-1 Chipseal Company DBA Rocky Mountain Pavement, LLC 2001 West 64th Lane INSURERS: Travelers Property Casualty Corn 36161 NSURER C: Pinnacol Assurance 41190 INSURER 0 Denver, CO 80221 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR INSR WVD POLICY NUMBER POLICY EFF MMIDDIYYVV POLICY EXP MMIDDIYYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY GL'IMS-MADE I X1 OCCUR X CGD2460805 X DTC00190P673 10/01/2010 10/01/2011 EACH OCCURRENCE $1 000000 PREMISESoccurence $300000 MED EXP(Anyone person) $10000 PERSONALS ADVINJURY 51000000 GENERAL AGGREGATE s2,000,000 GEN'L AGGRIi GATE POLICY I X LIMIT APPLIES PER PRO LOC PRODUCTS - COMPIOP AGG s2000000 S g AuromoBlL_ X X uneluTY ANY ALNO ALL OWN`[) SCHEDULED AUTOS AUTOS HIREp l.UIOS X NON OWNED AUTOS DT810019OP673 10/01/2010 10/01/2011 E. excel dimt)NED LE LIMIT 1,000,000 BODILY INJURY (Per person) S BODILY INJURY(Peracvdmt) $ PROPERTY DAMAGE Pera¢itlenl $ 3 B X UMBRELLA LIAR EXCESS LIAR X OCCUR CLAIMS -MADE DTSMCUP019OP673 10101/201010/0112011 EACH OCCURRENCE $10000000 AGGREGATE S10,000,000 DED X RETENTIONS10000 s C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRI![I OPIPARTNERIEXECUTIVE OFFI CERIMEM131R EXCLUDED' (Mandatory in LH) IIypa, tl,cc,,b,antler DESCRIPTIONOFOPERATION$bolew NIA 4055760 10/01/2010 10/01/2011 X WCSTATU- OTT - E L. EACH ACCIDENT $500000 E.L. DISEASE - EA EMPLOYEE $500 000 E.L. DISEASE-POLICVLIMIT $500000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Atlach ACORD 101, Additional Remarks Schedule, If more space is required) Project Description: 7256 Hot Applied Chipseal Overlay 2011 The following are Additional Insureds as respects General Liability only if required by written contract and coverage applies only as respects ongoing operations performed by the Insured for the (See Attached Descriptions) ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 of 2 The ACORD name and logo are registered marks of ACORD ' #S848303/M759139 8ASAN SECTION 00020 INVITATION TO BID Date: July 5, 2011 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock, on July 27, 2011, for the Hot Applied Chipseal Overlay 2011; BID NO. 7256. If delivered, they are to be delivered to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. O. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the construction of Bid 7256. The Work shall consist of Hot Applied Chipseal Overlay, manhole and valve adjustments, and the associated traffic control on designated streets in the City of Fort Collins. All Bids must be in accordance with the Contract Documents on file with the City of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. The Contract Documents and Construction Drawings may be examined online at: • City of Fort Collins BuySpeed: https://secure2.fcgov.com/bso/login.esp Bids will be received as set forth in the Bidding Documents. The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement.. The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. DESCRIPTIONS (Continued from Page 1) 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. 3AGITTA 25.3 (2010/05) 2 of 2 #5848303/M7591390 u N 1 1 Insured: A-1 Chipseal Company Policy Number: DTC00190P673 LL E MMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED . (CONTRACTORS) Tills endorsement modifies insurance provided underilto following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1, WHO 15 AN INSURED -- (SectIon Iq Is umend 4 to include any person or organization that you agree In a "written contract requiring Insurance" to include as an addltlonal insured on this Cover- age Pad, but: a) Only with respect to Ilablilyfor "bodily Injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage Is carried -by acts or omissfons of you or your subcontractor In the performance Of "your wbrk" to which the "writton contract requiring Insurance" applies. The person or organization does not qualify as an addltlonal insured with respect to the independent acts or 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 Limits of Insurance of this Coverage Pail skewer in the Declarations exceed the limits of liability required by the "writlen contract requiring Insurance the in- surance provided to the additional insured shall he limited to the llmlts of liability-rB- quired by that "written contract requiring In- surance". This endorsement shall not in- crease the limits of insurance described in sp(Alon Ill — Limits Of Insurance. b) The insuranca provided to the additional In- sured does not npply to "bodily Injury", "prop- erty damage" or "personal injury" arlsinU out of the rendering of, or failure to render, any pnefesslonal architocturnl, engineering or sur- veying services, including: I. The preparing, approving, or falling to prepare or approve, maps, strop draw- Ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or falling to propane or ap- Prove, dravrings and specillcatlons; and it. Supervisory, inspection, architectural or enginearing activities. - c) The insurance provided to the additional in- sured does not apply to 'bodily Injury" or "proporty damage" caused by "your work" and included in the 'products -completed op - orations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and than the insurance provided to the additional insured applies only to such "bodily injury" or -property damage" that oc- curs before the -end of the period of Urns for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the poltuy 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 hisurcd for a lose we - cover under Ills endorsement. However, if the "vaitton contract requiring insurance" specifically require$ that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance Is primary to "other insurance" available to the additional insured which covers that person or organization as a named Insured for such loss, and wD will not share m1h that "other insurance". But lire Insurance provided to the additional insured by this ondorsenrent still is excess over any valid and collectible "other In- surance", whether primary, excess, contingent or on tiny other basis, that is available to the addl- tlonal Insured when that person or orUanlzatlon Is an additional Insured under such "other insur- ance", 4. As a condition 'of coverage provided to the additional insured by tills endorsement: a) The additional Insured must give us wrtiton notice as soon as practienble of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notloo should include: --CGD24608.06 • ' " " 020M*TrW'8t:'PaUlTiaveli>rsComparires;'Ind. - - "'--pagcl'of2 "'- Insured. A-1 Chipseal Company Policy Number. DTCO019OP673 , 1 1 1 t J 1 COMMERCIAL GENERAL LIAh.. [rI'Y I. How, when and where the "occurrence" or offense took place; U. The narnus and addresses of any injured persons and witnesses; and fit. TI1a nature and location of any injury or damage arising out ofthn "occurrence" OF offenso. b) If a claim Is made or "suit" is brought against the additional insured, the additional. insured must: f. Immediately record Ilia specifics of file claim or "suit" and the date received; and ii. ,Notify us as soon as practicable. The additional insinud must see to it that we receive written notice of the claim or "su[V as soon as practicable. c) The additional Insured must immediately send us copies of all legal paper received in connection with the claim or "suit"; cooperate with us In the investigation or setUnment of the claim or defense against the "suit', and otherwise comply with all policy conditions- d) The additional hisured must tender tho do- fensc and Indemnity of any claim or "soli" to ' _ Page 2 of 2 - - -" any provider of "other insurance" whtch would cover the additional Insured for a lass we rover under this endorsement. However, this condition does ant affect whether the incur ance provided to the additional Insured by this endorsement is primary to "other Insur- ance" available to the additional insured which covers that parson or organization as a named Insured as described in paragraph 3. above. S. The following definition Is added to SECTION V. —DEFINITIONS; "Written contract requiring insurance" moons that part of any written contract or agreement undot which you fire required to include a person or orgunizatiou as an additional in- sured on this Coverage Part, provided that the "bodlly injury" and "property damage" oc- curs and ilia "porsonal injury" is caused by an offense committed: a. Aftorthe slgning and oxeculkn of the contract or agreement by you; b. While that part of the contract or agreement Is In effect,, and c. Before the end of the policy poriod; 'I621LIU61'heS1PaulTravelersCompanies,-lnc.CGp24 p3_06 I SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. I H 1 1 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT OR SPECIFIED PART SHALL INCLUDE: PROJECT TITLE: 7256 Hot Applied Chipseal Overlay 2011 LOCATION: Fort Collins, Colorado OWNER: City of Fort Collins CONTRACTOR: A-1 Chipseal Co. CONTRACT DATE: August 4, 2011 The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER AUTHORIZED REPRESENTATIVE DATE C I i 1 REMARKS: SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 20_ TO: A-1 Chipseal Co. Gentlemen: You are hereby notified that on the day of , 20_, the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, 7256 Hot Applied Chipseal Overlay 2011. 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 Auqust 4, 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: ATTEST: Title: .1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: A-1 Chipseal Co. (CONTRACTOR) PROJECT: 7256 Hot Applied Chipseal Overlay 2011 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 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 Co. By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of Witness my hand and official seal. My Commission Expires: Notary Public 20_, by SECTION 00660 CONSENT OF SURETY ' TO: City of Fort Collins. Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: A-1 Chipseal Co. , PROJECT: 7256 Hot Applied Chipseal Overlay 2011 , CONTRACT DATE: August 4, 2011 In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) ' on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final , Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this , day of 20 (Surety Company) By: 1 ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. 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 nl ..1/lT \A/OITC 1\. 11.I Cf]/.nC 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, State, 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 agreementpages (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 ties) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date: completion date: I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer: Date: DO NOT WRITE BELOW THIS LINE I III Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. ICity of Fort Collins James B. O'Neill, II, CPPO, FNIGP Purchasing & Risk Management Director I I 1 1 L; I Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The 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. GENERAL CONDITIONS I I I GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Thesii CiENTERAL CONDITIONS have betin developeq by. using the STAX6ARrmm\mRAI c6mm-rioNS OF T-11t CONSTRUCTION CONTRACT prcparcd by the En&ccrs Joint .Contract' Documents. Committee: MCDC -Nei, 191 U-8 (1990 Fditi6n), as a base. Changes to. that document are slimm by underlining text that has-been added and striking thrmih text that has been deleted. I I I I I I EJCDC. GE-NEkAj, CONDITIONS 191 M - (l ()90 EDITION). WITH.crry OF FORT COLLINS. MODIFICATIONS (REV 9/99) I I I I I I I I I I I 11 I I I I I Article or Paragraph Num6cr-&Title DE-FrNmoNs TABLE or coNTENTs.or bFNrma corms iow Page Article or Paragraph Number Number &Titic 1.1 Addenda J.^ Agreement... ........ 1 1.3 Application for Payment ....................... 1 1.4 Asbestos ............................................. -I 1.5 Bid 1 L6 Bidding Documents ......... .................... t 17 Bidding Requirement%,: ...... � ...... 1.8 Bonds ............ ]-§ Change Cider ...................................... I 1.10 Cafitract. Doctiments ............ I . 1.11 Contract 1.i2 Contract Times 1:13 .......................1 CONTRACTOR:................................a. 1.14 defective ........................................... . 1.15 Drawings, ..................... ___ ............... �I 1.16 Effective Datc'of the Agreement ...... 11' 1.17 ENGINEER 1.18 ENGINEERs Consultan.t..'.. - ........ 119 Field Order.., .................... ................. I 1-20 General Rcqtiiremcnts,,., ... ....... III Hazardous Waste;... .......... 1.22.a Laws and Regulations! Laws Or Rcculmions.................... 1-22.b Legal Holidays-,._ ........... ........ 123 LicM4 2, 1.24 Nlilestone 1.25 Notice ofAward 2' 1-2ii • Notice to Proceed 1.27 OWNER 1.-n Partial Utilization ................................ 2 I., -9 PCBS' 130 ............ Petroleum, 1:31 Project. .. 2! 1.31a Radioactive 1-33.6 Regular Working - Hours..:;.: 133 Resident Project Representative. 1,34 Samples .............................................. 1.35 Shop Drawings 3. 1.36 ...................... ........ Specifications....................................... . ... 2 137 Subcontractor 2 1-38 Substantial Completion,,,,,,,,,,,,,,,, ,,,, I 1:39 Supplementary Conditions * ............... 1.40 Supplier ............... 141 Underground Facilities.,,;_-,- ... 23 1.42 Unit Price Work ........ 1.43 woric .......... . 1.44 Work Change Dircetive.......' .... 1.45 Written Amendment..,.,..-.,,. Page Num her PRELMNARY NUTTERS 3 2.1 Delivery of Bonds ........................... :3 2.2 Copies of Documents .................... 23 Commencement.of Contract Times, Notice to Procced............... . 3 2.4 Starting the X Vorl; ... ............... ---.3' 2.5-2.7 Before Starting Construction, CONTRACTORS Responsibility to Report; Preliminary Schediles; Delivery of Certificates of Insurance 34 2.8 Preconstruction Conference. --- - '-,---4 1 2-9 Initially Acceptable!&heduleq, ......... 4 CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ........ ---------------- 4 3,1-3.2 Intent 4: 3.-3 Reference, to Standards and Speci- fications of Technical Societies, Reporting and Resolving Di's- ercpancics, .............. ; ............... 34, Intent of Certain Terms or Adjectives ... ................................ :.S 3.5 Amending Contract Docunents 5 3.6 Supplementing C0'n'tMct : :� Documents, .................................. 5 3a7 Reuse of Documents S AVAILABILITY OF LANDS;. •kBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS ............ .. ......................... 5 4.1 Availability of Lands., ....... 4,2 Subsurfacc,and Physical Conditions .............................. ''- 4.2.1, �-- Reports and awin8s, 2. 2 Lim ited Reliance by CONTRAC- TOR Authorized; Technical Data 6 4.2.3, Notice of Differing Subsurface or Phr. ical Conditions .................. G 4;2.4 FNGINFFR's Review 4:2-5 Possible Contract Documents Change.........................................6. 4.2.6 Possible Price.and times Adjustments....................... ¢=7 43 Physical Conditions, -Underground Facilitics............................... ...... 7 43.1, Shown of Indicated 7 4.3.1 Not Shown or 4.4 Reference Points,.,,,,,,,, ............... 7 EJCDC GUNMAL CONINTIONS 1910 -8 (1990 EDITION) Wi CJTY OF FORT M113I4.91LODIFICA7I0NIS (REV 91") I I Article or Paragraph Number & Titic 45 Asbestos. PCBs, Petroleum, I-lazardous Waste or RadioktivoMelterial page Articic,or Paragraph Nuin her Number &Titic 5. BONDSAND INSURANCE ................................. 8, -5..2, Performance- Payment and'Othiez BM& ................ r.'! ............ : .............. 5-3 Licensed Sureties and Iniiuras: r,ertificat6s of Insurance ._._,__._, ... ;_8 5-4 CONITRACTOR;s Liability Insurance 9 5.5 OWNER's Liability Insurance ............... 9 5:6 Property Insurance,,, ....................... 9-10 ,5.7 Boiler and Machinery or Addi- tional Property Insurance.,,.,,,..- „--;,10 5;8 Notice of Cancellation l5roiiision 10 379 CO NITPACTOR's Resporisibility for Deductible Amodrim :j( . 1! 5AQ Other Special Insurance: ..................... 16, 5.11 Waiver of Rightti„._, 5_12=5.13' Receipt and Applientibn of Insurance Proceeds l()_'I i 3,14 Acceptance PrBon& and Insts- ance; Option to Replace-,.,,,;:,:,,,,,,-„ 11, 5.15 Partial UtiLization--Property Insurance...:.........:...........I.............. 6. coNTRAcT6xsRFsPoNsrBILITIES 11 63;6.2 *Supervision and Superinteridencq ....... 11 6.3-65 Labor- Materials and Equipment.„ 11-12 6:6 Progress Schedule .............................. 12 6.7 :Substitutes and 'Of.&Iual" Items;, , CONTRACTOR s. Expense, Substitute Construction Methods or Procedures; ENG&EERs.Rvaluation; ..... ...... 12-1 3 &S-6. l I &ncerning SubLontmeturs-, Suppliers and Othcrs;, Waiver of Rightik .................. ..... 13-14 6.12 Patent Fees and Royalties,,,,,,,,,,,,,,,,,,, 14 6, 13 Permits.-.. ... ...... : --- .... ...... i 4 6,14 Laws and Regulations:_ .......... .... 14 6.15 Taxes ......... ........................... ..... 14-15 6.16 Use of.Prcm tsc!V ..................... .......... 15 617 Site Cleanliness 6.18 Safe Structural Loading ...................... 15 6.19 Record Documents 15 6.1-0 Safety and Protection,---_ ...... ...... 1.15A6 6.21 Safety Representative ............. 1 ......... -.16 6-2-1 Hazard Communictition Progranis....,. 16 6.23 Emergencies ............. ...................... 6.24 Shop Drawings and Sample* ..... ....... 36 P,'igc Number 625 Submittal proceedurea; CON: TRACTORs Review Prior to S6p Drawing or Sample Submittal',........ _ 6.26, Shop Drawing. Sample submit- 41s Review by EN[GINEEK ..... 16-17 6.27 Responsibility for Variations From Contract Docuffi ent (us Related Work Pei -formed Prior to ENGM1311's RcvIc%ir'and Approval of Required Submittals 6.29, Continuing the Work ... ....... 7 ......... 17 6.30 CONTRACTORS General Warranty and Guardriw .............. 17 6.31-6.31 lndemnification, ---- ... __ .... _1_17-18 6.34 Survivnl of Obligations ............. 8 OTI IER WORK I s .7.1t7.3 Related Work at Site, ........ Is T4 Coordination.-----------------.. _: ....... 18 OWNER'S RESPONSIBILITIES ......... 19 9.1 Communications to CON- TRACTOR i 8.2 Rrplac6mcnl of ENGMER, ........... 18 8.3 Furnish Data andPay Promptly WhenDue ................................... 18 3.4 Lands and Easements; Reports and 'rests ........... _ .... ............ 18-19 8.5 1fisurance ..................... ...... 19 '8.6 Change Ordus . . ...... ,z­lzz:.: ­..�"J9 8.7 Inspections,"Tests and Approvals ...................................19 Stop or Suspend Work; Terminate COWRACTOWs, 19 8.9 Limitatiorn; on OWNER'S Responsibilities ............................ 19 9.10 Asbestos, PCBs, Pctrolcum_,, Hazardous Wastes or Radjoa6tiv1P.Material.................... 19 8.11 Evidence or Finan6l Arrangements ................... .......... 19 ENGINEERS STATUS DURrN`G COVSTRUCrION ............................ ................. 19 9.1 OWNERS Repmentative ................ 19 9.2 Visits to Site,,,,;,,,,,,,,,,,, 19 9.3 Project Woresentn6e 19-21 9.4 Clarifications and Interpret tat ions 21 9.5 Authoriied Variation's in V&k.:7.":'21 U%XMC CiENTRALCWMITIONS 1910411990 EDITIOM wrcrTy.oir FORT MUIN'S MODMCnTIONi kREV9199) I I I Article or Paragraph Page Article or Paragraph 0ago Number S_ Title Number Nunther &:'ritic Number 96 Rejectingbefqctive Work.-_ 1, 138-139 Uncovering Work at ENG I- 9.7-9,9 Shop, Drawings. Change Orders NEER's Request � .................... .27-28 and payments: ............ ...................... 21 13.16, OWNER May Stop the Work ... 9.10 Daterminaticris for Unit Prices ...... �21;22 13:11 Coffection or:Rmoval of 9: 11-9.12 Decisions on Disputes, ENGI- Defective Work ..........................28 VEER as Initial, Interpreter,,,,,, ......... 22 1112 Correction Period ....... ................... 28 9.13 Limitations on ENGINEERS_ 1-3. 13 Accepian'ce ofDofirclive Work ......... 28' Authority and R.Csponsibilitics._.22-23 13:14 OWNER May CorrectD.e crivi- Work, .... ...... ........ ___,...,_28-2_9 CHANGES IN,rmwom ...................... ....... ................. ­­' 23 10.1 OWNER's Ordcid Chainge' go 14. PAYMpirl's,ro cciNTRAcToR AND 10.2 Claim for Adjustment ... COMPLETION, ........... ............ 103 Work Not Required by Contract Documents,......._ . ................. 23 141, Schedule of, Values._„_......... 1422 Application for Progress I.,_29 WA Change Ciders_ ......................... .... _23. Payment ....... :. ..... �29 10.5 Notificaticit of Surety-.* .. ............ ...... .. 23, ....................... 14.3 CONTRAC'MR's Warranty of Title 29 CHANGE OF CONTRACT PRICE .............................. ;P 14.4=14i7 Review of Applications for 1.1.1-11.3 Contract Price; Claim for Proffess Payment:; ....... ......... :29-30 Adjustment ' , Value of 14.8-14.9 Substantial Completion_... the Work,_- ,­. 2z �_ zil :I Tm ,,: 1-1--a 7123124 14-10 Partial Utilization ------------ 11.4 Cost of the Work .......... ................. -44-25 14,11 Final Inspection ............. ................ 11 11.3 Exclusions to Cost of die Work............ 25 14. 1,2. Final Applicationf for payment; ..... ;. 31 11.6 CONT RACT OWs . Fee ...... .... 25, 14AX14A4 Final'Payincm: and Acceptance. 31 11.1 Cost Recor4 ........... ...... 25-26 14:15 Wsivcr'd Claims, ........ ....... ;....31-32 '11.8 Cash Allowances 16 i Is ... ............. Unit Price Work .... ........................... I ..... 26 . IS. SUSPENSION OF WORK AND TF.mNATioN CHANGE OF CONTRACT TINES ............................ 26; 15A OWNER May Suspend Work .......... 32 12:1 Claim for Adjustment ......................... 2& 15.2-15A OWNER May Terminate ......... ....... 32 12.2 Time of -the EssOCe ........................... 26 15.5 CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTORS Work or Term inati;,, .............. 32-33 Control..*:----................... ;­.; ...... 26-27 12.4 Dcliiys Beyond 0WNFR!s and K- DISPUTE RESOLUTICI . ........... ................... 33' CONTRACTORs Control 27 17. MISCELLANFOU9 . .......... 33' TESTS AND INSPECTIONS; CORRECTION. 17.1 I Giving Notice.! .... ._-:33 REMOVAL OR ACCEPTANCE OF 17.2 Computation ofTimes;,,,,,,,,,,,,,,,,,, DEFECHVE "FORK .... ....... ................. ............ �:17 17.3 Notice of Claim .............. ....... ........ 33 13.1 Notice of Defem.;..; ......................... V 17.4 Cumulative Remedies .................... 33 13.2 Access to the Work...... , 17 17.5 Professional Fees and: Court 133 Tents:and (nq&ctions; Costs Included,,,,,,,, *- . ..... I ....... ,33 CONTRACTORs Cooperatim,: ........ e27 17.6 Applicable Stale Laws,,,,,,,,,,,,,,, 33-34 13.4 OWNEks.Responsibilitics; Intentionally Icft blank.....-,_ ......... ........35 Independent Testing Laboratory ....... 27 13.5 CONTRACTOR!s EXITIBIT GC-Ar (Optional) !Responsibilities :_: ........ ...... ...... 7 Dispute Resolution Agreement..........,.......... GC -AI 13.6-13.7 Covering Work Pribr to ln.spcc- tion, Testing or Approval.__ ......... 16.1,46 Arbitration ........................... _ 16:7 Mediation,.,.,;,;,_--.. GC -Al GC -A I . .. ... HJCDC OUNMIAL CONDITIONS 1910-8 (1994) EI)I71014) wl'OTY OF FORT COWNSMODIFICATIONS (REV909) I I INDEX TO GENERAL CONDITIONS City -'of FAR Collins modification t&the General;Conditions of the Construction Contract are not shown in this index Article or Paragraphs Number Acceptance of- Bands andInsurance:.......................................5.14 defective'Work,,,,,,,,,,,,,,,, ..IOA.1.13.5.13.13 final payment .................................. I......9.12 14.15 insurance ................:............... 5.14 other Work, by CONTRACTOR ..........................7.3 Substitutes and "Or -Equal" Items ...... .... .....„.....�:7.1 Work by OWNF.'R..............................11.5, 6.30. 634 Access to the -- Lands. OWNER andCONTRACTOR site. related Work .................... AVcirk:.......................................... l 1, ' 13-14, 14.9 Acts or Om fissions--, Acts and Om issions= CONTRACTOR :......._........................ 6,9: I, 9.1.3.3 ENGINEER..... .......:.............................6.' 9.133 OWNER ....................................................0. 20. 8. 9' Addenda -definition of (also see definition ofSpecifications),,,;;,,(LQ 1.10,6:19), 1<I. Additional Property Insurance$ .:...................:.:.:..:::.. 5.7 Adjustments- Contract Price or Contract .rimes__....... _ ---......I,S: 3.5. 4.1'. 4.3.1 4.3,Z ...... :...........:..........A.5:3, 9'A. 9.5. IV-10.4. .....................................:...11..12 14.8, 15.1 progress schedule .............................................. 6.6 Agreement-- definitionof......................................................1.2 'All -Risk' Insurance, Policy Corm :.......................... 5.6.2 Allowances, Cash....................................................11.8 Amending Contract Documents ................................... ...:..................:..... 3.5 Amendment, Written--. in,general,_,,,,,,,,,,,,,I,lll, 1,45. 3.5, 5:10, 3,12, 6.6.2 ...................... G.8.2, 6.19, 10,1, 10.4, 11.2 ....... :. 12.1, 13.12.2, 14.722 Appeal, OWNER or CONTRACTOR intent to-, ....................... 10, 9.11, 10.4. 16. i 1 &5 Application for Payment -- ,definition of., ........ 0 ...... ................. 1.3' ITNGINEER's Responsibility ............................... 9.9 final payment .................. 9.13.4:9,13.5; 14.12-14:15 in general .............. I........... ; 8, 2.9. S.6,4,'9.10, 15.5 protgess payment ...:.:....:.:..:...:..::.....:.:::.:. 14.1-14.7 reviewoC....::................ :................ .......... 1414-14.7 Arbitration.:................................................... 16.1-I6.6 Asbestos - claims pursuant thereto ---- ........:..............4.5 2, 4.5.3 CONTRACTOR authorized'to stop Work,,,,,,,,_ 4.5:2 definition of ........:...............................................I,A Article or Paragraph Number OWNER responsibility for .............................g.5-1, 8.10. Possible price and times change ............... ......... .5.2 Authorized Variations in Work,,,,,,,,, 3.6. 6,25, 6.27, 9,5 Availability of Lands ..:.................. I....................4.1. 8.4 Award. Notice. of -defined ---- ,..-":..................I.._......1,25 Before Starting Constructioit ....:................ 2.5-2-8 Bid-defnitibn of .................. .... I,5 (L 1. L 16. 2 3, 3.3.. ...... I ... .2.6A, 6.13. 11.4.3; 11.9.1) Bidding Documents -definition of:......:.....:.:.:..............:::......1.6 (6:8 2) Bidding Requirements -definition of..................................1.7(1.1:4:2.6.2) _ . Bonds-- .. acceptance of......................................I ....... ..,..,5:14 additional bonds..................................10.5, 11.4:5.4 Cost of the Work............................................11.5.4 definrtionof...::::................................ delivery of, ... ............ .2 1. 5;1 final Application for Payment,_,,,_-„_--„,- 14.12-14:14 general ..... :............................. ..:1.10"5,1-5.3, 5.11 ........................................ 9.13,10.5. 14.7.6 Performance. Payment and Other_ ......... ....... 5.1-5:2 Bonds and Insurance --in general.................................5 Builder's risk "all-risk" policy form,,,,,,,,,,,,,•,.,,,,,,-„5.6.2 Cancellation Provisions, Insurance.,,;,-„ ;.4.11, 3:8, 5.15 Gash A I Inwanccs....................................................11.8 Certificate of Substantial Coniplelioh ........ 1,38, 6.30.2.3. .................................................14.8, 14.10 Certificates of Inspection.:-,,,,,, „ ....9.13.4, 115, 14,12 Certificates of Insuranx............. 2J,' 5;3; 5:4,11, 5,4,13, ......................:5.6.5; 5.8, 5.14, 9.13-4, 14-12 Change in Contract Price— - Cash Allowances,,,,,,,,,,,,,,;,,,,,,,,;,,,;,,,,,,;;,,,;,,,,,; 11-.8 claim for price adjustment,,,,,.,,,,.. 4:1, 4,16, 4:5. 5.15, 6.8,2, 5A .....9.5, 9.11. 10.2, 110.5; 11.2:13:9. ..................... 13.13.HA4,14.7.15.1,15.5 CONTRACTOR's fee.........................................1 1.6 Cost of the Work general...............................................1 I.4-11.7 Ecclusioni to.......:::.:....::.:.::...:.:.....:.::.:::.:.a L5 Cost Records:; ...... .._. in,general..... ;....... 1,19, 1.44, 9.11, 16.4-2, 10.4.3; 11 Lump Sum Priciig..........................................11.3.2 Notification of Surcty.............................. --,--.: Scope oL....... 7.......... ....:......._...................jO.3-10.4 Testing and Inspection: Uncovering the Work: ............................. M... 13.9 EICDc GENERAL coNDmoNs rotas 6490 Comoro car CITY OF, FORT COLLINS MODIFICATIONS (REV 91W). I I I I P 11 I I I I I Ll I 11 Unit Price Article or Paragraph Nuinlikir Value of Work Change in Contract'fimes- Claim for times adjustmcnt, ...... ;4.1, 4.2:6. 4.5, 5,15, ............ 6.8:2 9.4. 9.5; 9.11. 1),I I U. 12, 1. .11 ............ 13,9, 13.13; 1314; 14-7. 15.11 15-5 Contractual time 1212 Delip.beyoriq CONTR.ACTOWs control J 2.3 Delays beyond OWNEWs and CON'rRAC'roRs control .........1..12.4 Notification or surety..,,-. ........ ........... lO.5 Scope of changcC....................................... 10.3710.4 Change Orders -- Acceptance of befective Work ........... ....... ;.13.13 Amending Contract Docuunents ............ Cash Allowances Change of�Contract Price ........ ........ ........ Change of ContmcVTimq,., .... ............... 12 Changes in the Work,: .... 10 CONTRACTOWs fee Cost of the Work ......... ;.. _ _ � ................. ;.;.11.4-11.7 Cost Recrwdsz,.z:_;._:_ ::_j 1-3 definitibn of_., :.j.q emergencies ..................................................... 6.23 ENGINEER responsibility ....... 9.8. 10.4..11:2, 12.1 6kcculion of ... ................................................. J0.4 Indenthiriction ......................... 6.12, 6116, 6.3116.33, Insurance, Bonds iftid ................ ... 5. 10. 5. 13,10.5 OWNER in ay terminate .............................. t5,2-15.4 0W�'R!s Responsibility ............ ....... '$§, 10.4 Physical Conditions-- -Subsurface and, ..... 7 ........ 4 ...... ­M­ .............. ...4:2. Underground Facilities-..,.......................... 4.3.2' Record Documents Scope of Chang ....... ... ....... : ............. 10.3-10.4 Substitutes ................................... .......... 6.7.3i 6.8.2 Unit Price Work ................................................ j 1-9 value of Work, covered by; ............ .................. :11.3 Changes in the Work....--._......._...._.._.._ ....... �; ...... )0 Nrotification of suretv 10.5 0WNER!s and CCI]Ni�6f6is responsibilities......,._.. - ...... ­­ ........ I .......... MA Right to an adjustment,,,,,,,,. ...... _ . ............... 10.2 Scope of chim& ........... ............................ 103-10A ,Claims -- against CONrTRA&OR --- against ENGINEER-. ....... ........ 6.16 --- ... �._6.32 against OWNFR ..................................... ......... "2 Change of Contract Price ........................... 9.4. 11.2* Change of Contract Times,,,,,,,,,,,,,,,,,,,,,,,,,, 9.4, 12.1 CONTRACTOR!s_... --------- 4-T 1. 9.4. 9.5. 9.11. 10.2. ...........................11.2, 11.9, 12.1, 11.9, 14.8;, ..................... ..................... 15.1. 15.5. 1,73 Li CONTPACTOWs Fee 1 l'6 Article or Paragraph Number CONTRACTOR:s liability ... ....... 5,4, 6. 1 _1 6.16, 6.31 Cost of the Work Decis : ions.on Dispufeil .......... Dispute Resolution;,,,,,,,,,,,, ................................ 16.1 Dispute Resolution Affecmeni7 .................... 1 6:1-16.6 ENGWEER as initial I Lump Sum Priciiig .... ............ 11.3.2 Noticeof ... ............................................... WNER's 9.4. 9.,5; .................... 9A 1, to.' 11.1 11.9 4; ......I.......:.......12.1. 119,13:13.13:14.17.3 OWNER!s OWNER may refuse to make payment ................ 14.7 Professional Fees and Court Costs Included ........ : .... 4­41 ......... -------- ....... -------- 17.5 rccluesl for f6rinal decision oo ..... ............. 2.11 Substitute ut6 Items ................ 6.7.1.2 Tiffie:Exteniiort .......... ­ .......... I .............. . ............ 12, 1 T im e requirern ents,_., ........... 9.11; 12.1 Unit Price 1.9.3 ,value of .......... J.1.3 Waiver of --on Final Payme% ............. ... 14.14. 14.15 Wcilc Change'Directive * .......... ......... 10.2, N�rittcn notice rcquireij ... ...... 12; 1 Clarifications and Interpretations,;,.,,,,,,,, 3.6.3, 9.4. 9.1 I CleanSite .......................... .. ...... ......... ............. 6. 17' Codes of Technical Society, Organization or Association ' 333 Commencement of C8nt1rnci -6im cs:.. . ....... ............... 13' Communications -- general __ .. .... _;�� ....... ...... ...... 6.2, 6.9.2, 8: 1. Hazard Communicition Programs ........ 6.22 Completion -- Final Application for Pnyment... ..... .......... ...... Final Inspection : ------ 14. 11 Final Payment and Acceptance ............... 14.13-14.14 Partial Utilization...........................................14.10 Substantial Completion ...................... 1.38. 14.9-14.9 Waiver of Claims.,,,;;,,;,,,.: 6 J4.15 Computation of Times__; ................... Concerning Subcontractors, .Suppliers and Others Conferences - initially acceptable schedules.._ ... 2.9 prcconstructiork ................................................ 2.8 Conflict, Error, Ambiguity, Disctepancy_. c(5,xrkAcroR to Report-. .......... 2.5, 3.32 Construction. before starting by. CONTRACTOR. .............................. ........ _.15-2:7 M_ Construction Hchinc6, Equipment, etc ................... 6 1 4 Continuing the Work .....................................6.29. 16.4 Contract Documents— Amending.......................................................... 3.5 Bonds ................. 5.1 EX'DCOLNEItALCONDITIONS ]910-8(1946 EDITION) wl CITY OF FORT COLLINS M01)[MCAT[ONS (REV 917p I 'Cash Allowances 11.8 Article or Paragraph Number -Change of Contract Price .................................... I I Change of Contract Times -':-- ­T­: ... ............... . 1, Changes in the Work ................................ IOA-10.5 check and verify ........... .............. ........... 2.5 Claiifications'and triterpiretations. . M 3.61 9-4. 9.11 definition of . ..... ...... ------- 1,10 ENGINEER as initial interpra& of,_,,,,,...,__... 911 ENGII*.'ER as OWNERs reprLscntativc, ........... J. I gencraD Insurance,.,,, ..................... ...... Intent.................. ..................................... 3.1-3.4 minor variations in the Work. ........................ __3.6 OWNER's responsibility to furnish data-------------- 8.3 OWNER'S responsibility to make prom pt paym cut .......................... 9-3, 1.4:4, I4_13 precedence._ ......................... ........ I ........ 3; 1. 3.33 Record Documents 0. 19 Reference to Standards, and Specifications of Technical So.cicticq ................................... 33 RelatedWork ..................................................... 7:2 Reporting and Resolving Discieftancies ...... ;_2.5, 3.3 Reuscof.,, ........ ;:;, .... : ... .................................. J.7 :Supplementing .................................................. .1:6 termination of ENGINEERS Employmenj.. ........ 9.2 Unit Price Work ...............................................11.9 variations .............. ........................... 3.6. 6,23, 6.2.7 Visits -to Site, PNGINEER`s., ... .......... .............. 9.2 Contract Price - adjustment 4,1. 9.41.1 063_1.1.2-113 Change of.. , -o'n" Decision Disputes,.., ........ ......... 9.11 definition Contract Times - adjustment of, . ......... ... .... 4.1. 9.4. 103, 12 Change of, .................... ; ......................... 12.1-12.4 Commencement of .............................................2.3 definition o(: ................... I ...... 112 CONTRACTOR - Acceptance of Insurance ..., ......... I .............. ...... Communications;,,,,,,,,,,,,, .... ,6.2. 6.9 2 Continue Work, ....... ..... 6.29, 10.4 coordination arai sch,c* - du ling definition of 13' Limited Reliance on Technical Data Authorized May Stop Work orTerm inate ... provide site access to others .........................2 . 7 . 13,2 Safetyand Protection ...................4.3.1.2, 6.16, 6.18, : .... I ... ­­t ......... I—— ......... 6.21-6.23, 7,2. 13.2 Shop Drawing and Sample'Revhnv Prior to Submittal ........................................ 0.25 A Stop Work requirements ..................... I ............ 4_5.2 CONTRAC'rows_ Article oi paragraph Number Compensation-,_...'_,_ ...... _ .... _j Continuing Obligation, .................................... 14JS Drfective Work ......... ........... .......... 91.6. 13.10-11-14 Duty to Lmrect, dejecfitie Work„........................ 13.11 Duty to Report- Changes,in the Work caused by Emqrgcncy ... ........................ :.__....6,23 Defects in Work of Others, ..............................3.3 Differing conditions._,_..1,., .............. ... 4:2.3 Discrepancy in DR)Luments.,. 2.5,3.3.1 � I .... �, 6.14:2 Underground Facilities not indicated ........... 4.3. 2 Emergencies ....................... ..... ....... ......... ... 6.23 Equipment and Machinery Rental. Cost of the Work .................. ; ... : ....... ; ........11 A.53 Fee --Cost Plus,,,,,,,,,,,,;,;,,,,,,,,,, .. 11.4,3.6, 11:5,1, 11.6 General Warranty and Ouarantee., .......... ......630 Hazard Communication Programs,_ ................... 0:22 Indemnification.,_-_ ---------- 6.16; 6.31-6.33 Inspection of the Work, .............................. 7,.3, 13:4 .11 - , �ib ' '" ' 1, bor, Materials and Eq meal; ................... :6.3-6.,5 Laws and Regulations, Comfiliance by... ........... 6.14.1. Liability'Insurance.... _:.­ -------- ;__ ... Notice of Intent,to Appeal ......................... ':10, 16.4 obligation to perform and complete theWork ....................................................0.30 Patent Fees and Royiliics, paid for by,,,,,,,,,,,,,, 612 Performance and Other Bonds., ..........................5.1 1 Permits. obtained and Paid for by ....................... 0.Ij Progress Schcdul;,.:;. __ ....... 10.4. 15,2_1 Request for formal decision in disputes .............. All Responsibilities-- Changm in the Work ............. ....... 10. 1 Concerning.Sub.contractors, Suppliers and Others ; 6.8-6.11 Continuing the Work ........................... 0-29.10.4 CONTRACTORS expense ...... : .... ; .............. (0.1 CONTRACTORS General Warranty and Guarantee ................................ ...... 6,30 CONTRACTORS review prior to Shop Drawing or Sample submival_ .... ......... j5.25 Coordination of Work .......... Emergencies ............................................... 6.23 ENGrINEE R's e4alumion. Substitutes or "6r-Equal" Items ....... ............... 6-73 For Acts and Omis' ions of Others 0.9,1-6.9.2, 9.13 for deductible amounts. insurance 5.9 general ........................................6, T2, 7.3. 8.9, ll.wrdous Co'm murn ca'ti.on Programs.........- 6,27 Indemnification ................................... 6,31-6.33 E.)CDC GENmtAL coNnrTtoNs i9t" Ii990 Eminom w/ CITY OEFORT COIJJNS MODIFICATIONS (REV 91991. I I I I I I I I I I I I I I I I I Labor, Materials and Equipment 0 3.6. 5. Laws and Regulations..___., ............. � __6 .14. Liability Insurance: .............. ......... ...... Article or Paragraph Number Notice of variation from Contract Documents ............... . ........................ :j6. 27 Patent Fees and Royalties .............................6. f! Perm I . ....... 13 Progrqss'SLhedulc.., ... : ........... : ...... Record Documents..........- .......................... 6.19 related Work performed prior to ENGINTEERs approval of required submittals 28 Safe r structUf al, loading .................................0.18 Safety and Protection.................... 6.20, 7:21 13.2 'Safety Representative__„_,.-..,-,,,,-„_-,,,-,,,,-„, Scheduling the Work; ................ ..... 69.2 Shop Drawings and Sampleq........................6.24. ShbPLDrHWin9S and Samples Review by ENGINEER : ........... Site Cleanliness 6.17 Subtiiittal Procedures 6-25 Substitute Construction Methods and Substitutestin"Or-134tial" items .......... 0.7A SupeTintendcreq ................................... ....... §-_2 Supervision......... ......................................... 6.1 .survival of Obligations,,,,,,,,,,,,, ....... 6.34 Taxes 15 Tests and Insficeticins . .............................. ToReport............................I........................ ? Use of Prcrniscs_:.� ........... 630.2.4 Review Prior to Shop Drawing or 'Sample Submittal .......... ­ ' '*** ... — ....... r .... 6.25 ;Right to adjustment for changes in the Work...,.10.2 right to claim ------------- 4. 7.1, 9.4, 9:5, 9.11, 10.411.2, 14.8, 15.1. 15.5: 17.3 Safety and Protection,,,,,,,,,,,,,,,,,, 6.20-6.22, 7.2, 13.2 Safety Representative ................ I..............:,,.,,,, 6.21 Shop Drawings and Samples StilimittiII.5t-6.24-6.29 Special Consultants ...... ------------------------- - --.11.4.4 Substitute Construction Methods and Prbctdureistjfij Substitutes and"Or-Equal' Items, Expense ........................................... 6.7,1, 6:7.2, Subcontractor--, Suppliers and Other.1 .. ....... j6,8-6.11 I Supervision and Superintendence .......... 6.1. 6.16,21 Taxes, Payment by ........................................... �. 15 Use of Promises 6.16-6.18 Warranties and guarantees ........... ; ...... ___6.5; 6JO Warranty ofTitle ..... 14-3 Written NoticeRequired-- CONTRACTOR stop Work or terminate ......... 15.5 Reports of Differing Subsurface and Physical Conditions ........................ 4.2.3 Substantial Completion................................14.8 tiii CONTRACTORS -.other ............................... .............. contractual Liability lnsuranq5.,_ --- ..............4.10, Contractual Time Limit-,,, ............ .........................I2.2 Article or Paragraph' Number Coordination— CONTRACTOR!s responsibility ......................... §.9.2 Copies of Documents ................................................. 3.11 Correction PcHod..... Correction. Removal or Acceptance of Defective Wcirk-- in general ................................... 10.4.11, 13.14-13:14 Acceptance ofDefective,Work .... ....... ........... J3.13 Correction or Removal of Defective Work,,,,,,,,,,,,,,,,, . 6.30, 1111 Correction' Period ............ ...... __ ................... _J3.12 OWNER May Correct Difechvv Work ............. -13. f4 WN P 0 1 ER May Stop Work ........... ........... 1110 Cast-- offTeiiLs and Inspections....,:_....,.,..._ ................. 13.A Records 11:7 Cost of the Work — Bonds and insurance, additional .......... j 1:4.5.9 Gash Discounts...: I ...... ......... ............ 11.4.2 CQNTRAGI:OR's Fee:::.. ......... 1.6 Eirployq Expenses::,.,-_' ................ 11 1.4.5� 1 Exclusion%to, .................................................... I ES General 11.4-11:5 Home office, And overhead cxNhsc* 11.5 Losses:and'dam ages .....................................11 A.5;6 Materials, and cquipmeni, ........................... I ..... 114.2 Minor e-Kpeases; Payroll costs on changes,,;,,,,;1.1.4.1 performed by Subcontractors,,. ;_.11.4-3 Records 113 Rentals of ixinstruction equipment and machinery .................. ........ . ......... 11.4.5.3 Royalty payments, permits and license fees,,,,,;,,,,,,,,;,,,,,,;,,,,,,,,,,,,;,,,; 11:4.5.5 Site office and temporary facili*; ............... I 1.4.5:2 Special Consultants, CONTRACTORS ............ j IAA 'Supplemental_....::...: ------------ ; ........ -.1- ......... 11-4,5 Taxeq related to the Work Tests and Inspection ..... I ............. I ...................... Trade Discounts 11.4.2 Utilities; Fuel and sanitary Work.after regular hours.................................11A.1 Covering Work .......... .... ............ ­* ....... J3.6-13.7 Cumulative ReffiediCS,... 17.4-17.5 Cutting, fitting and patching. ...... ........... ... 1.7.2 Data, to be ftimished by OWNER ............................... X-3 Day=-dc.finition of ...................... ........ ................ 17.2.2 Decisions on Disputes .................................... 9.11.9.12 defective- of., defective Work — Acceptance of......................................10.4.1. 13.13 I&XDC CENERAL CONDITIONS 1910-8(1990 MITION) wtilTYOF FORTCOIJ.INS MODIFICATIONS MEV9191) I F SECTION 00100 INSTRUCTIONS TO BIDDERS ' [1 r I I I I I I I I I Correcri'm-or Removal of......................J44.1, 13,11 CorrectianYcriod_ ...... _ ............ 1__: ...... 1,::_13:12 in gencrill...,, ................ ...... ; .......... ;.13, 14;7. 14-11 Article or Paragraph Number Observation by ENGINEER (),2 OWNER May Stop Work ................................. 13.10 Prorn pt Notice of Defects . .................................. 13.1 Rejecting..,::.;,.:._ .... ;.­ ... 9.6 Uncovering the Work ,., ....... ;: .............. Definitions . .......................... Delays ............. I ........ I ............... 4:1, 6.29, 12.3-12.4 Delivery of Bonds,.....— .... Delivery of certificates,of insqrRnce,,__,__, ....... Determinations for Unit Nicc§ ................................. 9.10 Differing Subsurface or Physical Conditions — Notice of ...... . ..... _ I :­­­.— 4.23 ENGINEER's Review ....... ; ....... _; :4,14 Possible Contract Documenti Change,,,,,,,,,,,,,, 4_2.5 Possible.pricc;and Times Adjustments .............. 4.2.6 Discrepancies -Reporting and Resolving._ ........ 3.32 6,14.2' Dispute Resolution— Agreement.:....::........................................ 0.1-16.6 Arbitration gcnerallti Mediation.........................................................16.6 Dispute. Resolution Agreement .... ........ ......... t6.1-16.6, Disputes, Decisions by ENGINEER ... : ........... _ 9.11-9: 12 Documents -- Copies of........ 12 Record 6.19 ........ Reuse ......... _ ................. 1.i: 7 Drawings --definition of,, .... 1: 15 Easements ;I :.4'1 Effective date of Agreement — definition qf .............1.16 Emergencies.........: _ ............... .............. ENGINEER- asinitial interpreter on disputes, .... ......... 9.11 ,9:12 definiti an of ...................................................... 1,17 Limitations on authority and responsibilities;,,,, 9.13, Replacement 9C ............. ........ 1 .... : ...... ::_ ._­­ ..2812 Resident Project Representative ....... ....... ...... 9,3 ENGINEER!s Consultant -- definition of..................1.18 ENGU,IEEFZ!s-- authority and responsibility, limitations on ........ 9:13 Authorized Wriations in the Work.....................9.3 Change Orders, responsibility for_' ­_9.7. 10,I 1, 12 Clarifications and Interpretations-, ........... 3,63,9.4 Decisions on Disputes 9.11-9.12 defective Work, notice of ................................... 13-1 Evaluation of Substitute Items ..........................6.7.3 Liability .................................................0.32, 9.12' Notice Work is Acceptable --- 7 Z-::7 --- 7-7-7- ':-- " )4.13 .Observations, ............................ ........... J.30.2, 9.2 OWNER's Rcliresentative ....................... — .......... 9: 1 Payments to the CONTRACTOR.. Responsibility for:,:-':':...... .9.9. 14 Recommridatimi 6f Payment .. ... 1413, Article or Paragraph Number Responsibilities --Limitations on ................ 9.11-9,13 Review of Reports on Differing Subsurface Find Physical ....... . 4.2.4 Shoo Drawings and Samples, review responsibility ............. ............................... 6,26 Status During Construction -- authorized variations in the Work ................ 9.5 Clarifications and IhtcrpictationA .............. :T�.9.4 Decisions on Disputes,,.,,.,,,, , „ .... „?. 11-9.12 Determinations on Unit Price 9.10 ENGINEER as Initial Interpreter .......... 9.11-9:12 ENGINEER!s Responsibilities litics ............. , �i 9.1-9,12 Limitations on ENGINEERs Authority and Responsibilities .............................. 9,13 OWNER's Representative ...... 7 ....... :T: ....... 9' 1 Project Representative ...... 9.3 RejoctingDefectiver. Work ..............................9.6 Shop birvivings, Change Oid'ers and Payments,. ......... ....... :..0-9.9 Visits to _': .... ! ........ _0.1 ­ ........... Unit Price determinations,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 9.16 Visits to Site ..................................................... J_ Written consent requirclt) ........................... :...7,2. 9.1 Equipment, Labor, Materials and ........................ .. q3.6 '.5 Equipment rental;. Cost of thc.Wark, ...... ......... .. 1:1.4.5.3 Equivalent Materials and Equipment ...... ..... I ... ; ....... 0;7 error or an issions,..... ........ ......... ... :_6.33 Evidence of Financial Explorations of physical condition.1 ........................ 4:2-1 Fee, CONTPUACTOR!3--Costs Plus ........................... 11.6 Field Order — definition of,_� issued by ENGINEER ................................ 3.6.1,9.5 Final Application for Payment ...............................14.12 Final inspection....::.:.::...:..:..: Final' Payment-- andAcceptance ... ...... ..................... 14.13-14,14 Prior to, for cash allovankc:; 1-.8 General Proiisions.......................................... 17.3-17:4 General Re.quirements— definition of............................................... ...... J, 20 principal references 19 .............2.6, 6.4. 6.6-67,6"4 Giving Notice;,,,,,,,;,,,,,, ... .. . ...... — ................. . ...17.1 Guarantee of Work —by CONITRACTOR.,...,;.0.30, 14.12 Hazard Communication Programs ................. _ ....... 622 Hazardous Waste. — definition of J.-21 general , --------- ---------- OWNER's responsibility fo...............................8M EJCDC GENMAL CONDITIONS 1910-31199GEDITIOM W1 eITY OFTORT COLUMN MODIFICATIONS (REV 9191) I I I I I I I I I I I I I I I I Indemnification ----- .............6 ` . 12 6,l6..&'3l'6..33 Initially Acceptable Schcdulcs�, ............. ....... 1_,. __2;9 Inspection-- Cerdficatei; ot.............. :_1 ...... J�13.4, 1-3.5, 14A2 Final........................................................... 14! 11 Article or Paragraph Number Special, required byENIGMRR .........................9.6 Tests and Approval,, .... 13.3-13.4 Insurance— A='ptancc of, by OWNER ............................... 5.14 Additional, required by changes in the Work 11.4.5.9 Before starting the Work....._...._ .... ........ --- 1— 17 Bonds and --in general...... .......................... ­1 ....... 5. Cancellation Provisions, ........... 11.1_ .................. �5.8' Certificates of ------------------- 2.7, 5, 5:3, 5A. I'l. 5.4.13, ................. 0.5.6.5, 5;8; 5, 14, 9. 1 3.4; 1:412 completed operations ................... "..' ............... 5-4-13 .CONTRACTOR!s Liability ................. . ............... S.,4 CONTRACTOR!s abjection to Contractual Liability _ ..... ......... T:__:5.4_ 10 .... deductible amounts. CONITRACTORs responsibility ....................... I .... I .... I .... 1­1 ..... 5:9' Final Application for Payment-, ........... Licensed Insurers Notice requirements. material changes ........ 5,8, 10.5 Option to Replace;._.. ....................................... �5;14 other special insuraneq§....., ...... I ....................... 5.110 OWNER as fiduciary for insureds .............. 5-12-5.13 OWNE Rs Liability........................................5.5 OW'NER's Restionsibili(y 8.5 Partial Utilization. Property Insurance............ _ 5.15 Property....:........ . ­0_5: 10 Receipt and Application of Insurance Proceeds . ...................................... I ...... 5.12-mi, Special Insurance, to Waiver of Rights_ ......... 5.11 Intent of Contract Documents ............... .............. 3. 1 -3.4 Interpretations and'Clarrificationg.................... J.6.3, 9.4, Investigations of physical conditimp .. 6 ................ ; ...... 4.2 Labor. Materials and Equipment,..___________________ 03-6.5 Lands -- and Easements ...................................................8.4 Availability.of ............................................ 1.1, 8.4 Reports and Tests:.... 11-1 ......... T....... :­­­_.­'&4 Laws and Regulat ions --Laws or Regulations— Bonds ... ; .5 J.1 Changes in the Work_.„,,,,,,,,,,,,,,,,,,,,,, Contract Documents 3.1 CONTRACTOR's Responsibilities .... ................ ti14 Correction Period, defective Work ..................... 13-12 Cost of the Work, taxes...............................11.4.564 definition of .... 7: ---- :__ _ ........ ...... ....... . 1.22 gencral(5.14 Indemnification 6631-6.33 Insurance 3-,3. Precedence:.:::.:--........... 3.3.3 Reference tb..__ ...... _ _13.1 Safety and Pf6teOtT ... ... 6,20. 13:2 ...... Subcontractors. Suppliers and Others,,,.,,, 0,8-6.11 Article or Paragraph N6m her Tests and Inspectionik ............................. .... 13:5 Use of ........................ 6,16 Visits to Site,_:._::....:: .......... ------------ I., .......... ;9-2 Liability Insurance-- CONTRACTORS ......... ................. 5.4 OWNER'S _ .. ....... .. ; .......... ...... _ ... _ ........... ...... _5:5- Licensed' Sureties and Insurers.,.,,,.,,,,, .... 5.3 Liens-- Application for Progress Payment .................... 14.2 CONTRACTOR's Warranty orritia ............... 14.3 Final AppliLation.for Paynacnt, ............. ....... 14.12 definition of ....................................................... L23 Waiver of CliiimsL,... 1.4.15 Limitations on ENGINEER's authority and responsibilities ,, .... ......... 7T ---- 7_------- 9.13 Limited Reliance* CONTRACTOR Authorind............ I ............ I ............. ;. .............. 4.2.2 Maintenance and. rating Manuals -- Final Applictition'(76i'Payment ......... Manuals (of others) -- Precedence_ .................................... ............ Rtilcrefi&a tom �Contract DocumenLj ..................i3.1 Materials and equipment - Famished by CONTRACTOR ............. ....... : .......... 63 not incorporated in Work ............... . ....... 14.2- Materials or equipmenL--equivalent ...... _.fi 7 Mediation (Optinnal),_ ....... 16.7 Milestones.-dermitiori o(,; ................... .................. j,24' Miscellaneous -- Computation of Times_., ..., ... ........ 17�2 Cumulative Remediew. 17.4 Giving' Notice...........................................I........171 . Notice of Claim ...................................... .......... 173 Professional Fees and Court Costs Included, ..... ,:.i7.5 Multi -prime contracts,.,_....._.........._..... _ - ..... �7 Not SKinvii or Indicated ........... .................. 3-2 Notice otice or -- Acceptability of ....................... 14.13 Award, definition Claim.................. ................. .................... J.7.3 Defects. 13.1 Differing Subsurface or PhysiW Conditions.- 4.2.3 Giving.............. ; ...... ---- 1 ......... :_. :_. � ------------- 1,7.1 Tests and Inspections, .............................. ........ j 3:3 Variat;or%, Shop Drawing and Sdmple, .... ........... 0,;7 Notice to Proceed - definition of ......................................................126 � giving of .................. ........................... ......... I ...7. EJ= GENUCAL CONDITIONS 1910 -8 (1990 EDITION) wi (" ITY OF FORT MwNs momni:AnoNs tREv 9i99) I Notification to Surety ........................................... J6.5 Ohservatioma. by ENG13N . EFR ........ 63 . 0.9.2 Occupancy of the Work.„ . ........... J.15. 630.2.4, 14.10 Omissions or actsby C6 - - TOP,__;_ .... 1. 09, 9.13 'Insura Open Peril policy farm. c ..........................5.6.2 Opti6n to Repli6e ................................................... 14 Article or paragraph Numbcr- "Or Equal" Items ............................I.........................6.7 Other work 7 Overtime Work —prohibition of ....................... ... 6.3 OWNER -- Acceptance of defective Work ........................... 1.3,13 appoint an R4GINEER ............ as .............. ...... 5.12-5.13 : Availability of Landsi responsibility ....................4.1 definition of ......................... : ......... : .... : .... :_ .... J.27 data, ftirnish_.. ...... ... — ......... .... ......... — ---16 lvlay Correct befective Work.:...:..........;...........Ill ' May refuse to maki payment ** ........ *­ ...... 6- 1 * 4-T May Stop the Work ........................................ . MIQ May Suspend Work. , Terminate,_, ... 13,10. 15; 1-15A Payment, make prompt ................... J3, 14.4, 1413 paFormance of other. work, ................... r; ....... 4 .... 7.1 permits and licenses. requircments-,,,,-,,,,,., ....... 6, 13 purchased irisuisrice rcqt.iirements, ........ OWNER!v- Acceptance of tfie'Work. ............................... 6.30.2.5 Change Ordefs, obligation to c.wcutq.. ......... 3.6.10A Comm unieritioruk............................................... . 8,1 Qxrdination of the Work 7.4 Diiputes; request for d6cision.., ................ 4_ ...... 9.11 'Inspections, tests and spproviils,­, ............. $313.4 Liability Insurance.j,,..,., .... ...... ..... 5.5 Notice of Defects.., ..... 6 .......... .................... ; ..... J3.) Pepresentativo—During Construction, ENGMEWs Status 9.1 Respaniibilitic$`- Asbm-to& PCBs. petroleum; Hazardous Waste or Radioactive Material., ... 46 ........ :$:10 Change Orders ...... 6...: .... 4 .... : ........ ; I .... : .... 8.6. Changes in the Work .... :.L ------ z -------- communications 'r­c'-s'p'a­is'ib­i CONTRACTOR'S ovidenix.of financial anangement�.... ......... 8:11 inspections, tests and approvals,,-.,,,.-, ........... * 8.7 insurance...................................................... . 845 lands.and easemeni4, 8.4 prompt payment by . ..... :16-1 ............. ...... 8.3 replacement orENGINEER,_ ------- ...... __z..j,2 reports and tests ..................................... ...... 8.4 stop or suspend Work ................. SA 13.10, 15.1 terminate CONTILACTORs services ...................... ........ 15.2 separate representative at site.,. 4 ..........................9.3 testing, independent..,:........_..._ ............... )3.4 usenr occupancy of the wink,,,;,;,,,,,,,_,,,_., ,,. 5,15, 630.2.4. 14.10 written ' consent or apprma I required .......... ........................ 9, 1, 6.3. IIA UKAX GENERAL CONDITIONS 1910-S 11490 EDITION) wicny. 6FFbRTCOLLINS MODIFICATIONS kREV)i99j. I I 1 L 1 Article or Paragraph Numbcr 'written notice requ'ved -. _ .......7-I, 9.4; 9.11, ..................... .......I1.2. 11.9. 14.7: 15.4 PCBs -- definition of --------- - -. ,,,, - ...i'.29' general ............... ............................................... 4.5 OWNER'sresponsibilityf6r............ . .................. R:10 Partial Utilization - definition of ... :.:;... :.....::..:. _": ,:, _: - , .. ...:1.28. general 630.2.4, 14.16 Property Insurance.._...._ .................... ............,15 Patent,Feesand Riyaltics...................................... a17. Payment Bonds .........1­1- ............... Payments: Recommendation of„„- ......... 14.4=14.7; 14.13 Payments to CONTRACTOR and Completion - Application for ProgressPayments-„ ...........:..:.:.)4.2 CQNCRACI'OR's Warranty orritle ------- ,:.......... 14.3 Final Application for Payrilent;.... :..................14.12 Final Inspection..............................................14.11 Filial Payment and Acceptance. ........... ... 14.13-14.f4 general.......................................$.3, 14 Partial Uttlzation,,,,,- - 14:10 Rcta imgc.................................... .14. 2 Review of Applications far Progress Payments. . _ ..... . ......:14:4-14,7 prompt payment ........... ::.-.:-..:.:...._............... :.:$.3 Schedule of Values14.1 Substantial Completion .............................. 14:8-1.4.9- Waiver of Claims.............................................14.15 when pnyments due. ................................ 14.4i 14.13 withholding payment.„.,_„_.,-,.......-„.,_ .............14.1 Performance Bonds ................... :......................... 5.1-5.2 . Permits .:..:............. ......... Petroleum-= dcfinition'of .::...........................: . .....1:30 general..............................................................+5 OWNZ-R's responsibility for :. ........ ... ... ... ......8.10 Physical Conditions -- Drawings of in,or relatine to,,,,,,,,,,,,,,,,,,,,,,,, 4.2.1.2 F,NGiNFFR's review ......... :.... :.......................... .2.4 existing structures, ------------------- :._...,. .........._.:4.2' general 4.2,1.2.......................................................... Notice of Differing Subsurface or.....................4.? 3 Possible Contract Documents Change...............4.2,5 .Possible Price and Times Adjustments.,_...........1.2.6, Reports and Drawings ....................... 4.2.1 Subsurface and ................................................... 4.2 Subsurface Conditions„-4.2.1.1 Technical Data. Limited Reliance by CONTRACTOR Authorized ....................... 1.21 Underground Facilities-- general........................................................ 4.3 Not Shown or Indicaed-_- 2 Protection of ........................................ 4.3. 6.20 -6 Article or Paragraph Num her Shown or Indicated„ 4 3 Technical Data, 4 2.2 Preconstructibn Conferencg................................ i Preliminary Matters.._ --------- Prelim inary Schedulq..............................................?:6 Premises, Usc.of,,,.......................................:.6.1".18 Price, Change of Contract .......... ................ ................. I I Price, Contract --definition of;;,:._, z.-„ LId Progress Payment, Applications for ... :........ :. .........„14.2 progress .Paymcnt--rctainagc:............ 2 14,_ Progress schedule, CONTRACTQIYs............. .6; 2.8;29, .......: 6.6, 6.229..10.4. 15:2.1 Project -definition of ......... ...... . . . Project Representative-- ENGINLER's Status DuringConstruction............ 9.3 Project Representative, Resident -definition of ......... 1.33' prompt payment by OWNER...,:...;.;. .............. :..::..... .8 3 Property Insurance' - Additional.........................:...........:................. _5.7 genera15.6-5.to Partial Utilization 5.15..14.10.21 receipt and application of proceeds,.,,,..,,,, 5J2-5,13 Protection Safety and; ......:. .......: .6 20.6 21 13.2 Punch list 14 I I Radioactive Malerial-- dtfmtionof.,.. ...................................................1,31 general4:5 OWNF,'R's responsibility for ............... ............. :$.10. Recommendation of Paymcnt.................!4.4, 14:5; 14.13 Record Documentc:............................_-...:.-,- 6:19. 14.12' Records, procedures for. maintaining ........ .................. 3..8' Reference Points,,;,;_„ .. ......,,,,. Reference to Standards and'Specifieations• of Technical Societies . ........ ...:..::..:......... :......... 13. Rgdations; Laws and(or)......................... .... _....... RejectingDefecNve Work;,,,,,.._„_ - .........9.6 Related Work -- atSitc.................. :..................................... 7.1-7.3 Performed prior to Shop Drawings and Samples submittals revicw..... :.............. 6:28 Remedies, cumulative ...................... ..----....... 17.4t. 17;5 Removal or Correction ofUeficriiv WArk.-_-..,.__....-13.11 rental agreements, OWNER approbal required.,,.,IlA,5,3 replacement of ENGINEER, by OWNER_.................:8:^_' Reporting and Resolving Discrepancies'................................2.5, 3.3.16.141 Reports -- and Drawingi.:........... .. 4.2:1 and Tests, OWNER's responsibility_ ................... 8:4 Resident and Project Representative.- defmition.of....................................................1.33 provision for_ .............................'9.3 WCOC GENERAL CONDFTIONS 1910-9 (19.90 EDITION) wl OTy OF FORT COIJINS MODIFICATIONS WV 9/99) 1 Article or Paragraph Num bcr Resident Superintendent, CONTRAC"rOR's.,.- ,,--.:: 6.2 Responsibilities- CONTR.ACTOR's•in general .................................: 6 ENGINEERS -in general........................................9 Lim itations an ............................................ 9! 13 OWNER's-in general :.... ...::..:.:................:......._ :8 Retainage ....... ....... ; ....:_...:_14.2 Reusc of Documents:.._._ ................. .......... ............... .... - 3,7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Sub_mittal.':.......................:6?5 Review of Applications for Progress Payments. ....... ....... .. ...... ................ 14.4-14:7 Right to an adjustment::_.............._........................10.2 Rightsof Way -----------------------........ ........... ........... 4.1 Royalties, Patent Fees and;,;,,,;;.: Saf6 Structural Loading.......: .................................. 6:18 .Safely -- and Prutectien........:. .....:......:.......4.3.2, 6.16, 6.18, general .................................................... G.20-6:23• Represcnmtivc; CONTRACTOR''s.:.....................0.21 Samples- dermition of .................................... ....... :....... :..1.3.4 general......................................................0. 24-6. 28 Review by CONTRACTOR..._ .......................... 6.35 Review by ENGINEER'..............................0.26, 6.27 relatedWork.....................................................0.28 submittal of' �6. 24.2 submittal procedures,.,,,,,•„......:........................6.25 Schedule of prugress,.-_,,,;;;;,;,;,,,,,,,,,,,,;2.6, 2.8=2:9. 6.6, .._..._ ......6.29. IOA, 15:2.1 Schedule of Shop Drawing and Sample Submittals..............................2.6.2:8-2.9, 6.24-6:28 Schedule of Values _______.... ................ 2.6, 2.8-2.9, 14:1 Schedules -- Adherence to, 15.2.1 Adjusting...........................................................0.6 Change of Contract Times,.................................10A Initially.Acceptable,:.__... :....:................... ,, 2:8. 2.9 Preliminary ..........................................................2.6 Scope of.Changes.......................................10.3-10.4 Subsurface Conditions........................._.............9?.1.1 Shop Drtwings-- and'Samples, general' ................................ ............... Change Orders & Applications for Payments, and ------- ----------- ---_,,,-,..: ........ .7-9.9 definition oC:...::::.::.:...._..::-........:.................... 1.35 ENG W EER's approval of : ................................. .6.2 GNGiNEER's responsibility for review .......... ..................:........ 9.7, 6.24-6.28 related Work.15:28 review procedures...............................2.8, 6.24-6:2$ x61 Article or Paragraph Number, submittal required ............................. ................. 6.24:1 Subm ittal Procedures ........................................ 6.25 use to, approve substitutions.........,-„_-_ Shown or Indicated...............................................a.3;1 Site Access......................................................7.2, 13.2 Site CI'ea ihness..................................................... 0,17.. Site, Visits to - by ITIGINEER..., ,. ....... .:...... ------- _9.2. 13.2 byothers-....................................................... 13.2 ".special causes of loss" policy form, insurance......._..._..................._,...........,........5.6.2 definition of ...:.....:..........:..................:::....: L36 Specifications- defmation of., ;: ....... :1.36 .......................................... of:rechnicalSocicties, reference to ----------- ;...... 3:3.1 precedence .... :................. :........... :............... :::.3- 3.3 Standards and Specifications of Technical Societies .......................................: 3:3 Starting Construction, Before ,1 5-2.8 Starting the Work....,, _ Stop or Suspend Work -- .....2.4 by CONTRACTOR...........................................15.5. byOWNER,:...,:_,.:...:.::.- :.:.....:..;8.8,.1310, 15.1 Storage of materials and equipment..,,-„„ ...........4.1, 7.2 Structural Leading, Safety ...................................... 6.18 Subcontractor - Concerning ............ ........... ......................... 6.8-6:11 definition of ........................................... .....3.37 delays........................... ........... ....................... 12.3' waiver of.rights ................................................0.11 'Subcontractors --in 68-6.11 SubcMtracts--required provisions;.,:...,:S.l 1. 6.1.1. 11.4.3 Submittals - Applications for Ptyment..................................14.2 Maintenance and. Operation`tvfanuals.............. 14:12 Procedures ... ...: _ Progress Schedules ............... I....................1.2.6. 2.9 Samples ................ .................. ................. E_24I:28 Schedule of Values, ........ ..................... 2.6, .14.1' Schedule of Shop Drawings and Samples Submissions ..................... .......... .......2,6, 2.8-2_9. Shop Drawings ........................................ 6.24-6.28 Substantial Completicm- certificationof•...........................:630.2.3. 14.8-14.9 definition of.....................................................1,38 Substitute Construction Methods or Procedures;,;,,,. 6:7.2 Substitutes and "Or Equal" Items .------ ,_„-,,,,.-,,,:•,., --- 6.7 CONTRACTOR's Expense,-,,.- ...... ENGINEER's Evaluation,,,,,,,,,•„•,,,,,,.•,.,,,,.,,.,,6.7-3 "Or -Equal .................................................... 6.7. l . l Substitute. Construction Methods Elcoc GE•NMAL CONDmONs 1910-3 ilvvo Ebinora tv! CFFV OE FORT COLUN9 MODIFICATIONS (REV 91". I I I I I I I I I I I I I I I 11 Article or Paragraph Number or Proudutes ............................................. �. 7.2 Substitute Items - --- ---- l6.7.0 Subsurface and Physical don ' dit'ions-- Drawings of in or relaths to,,,,,,, 4.11.2 ENGINEER's Review 4-2.4 general ... ; ......... ­; ... ; ....... ; ............. ":-4.2 Limited Reliance by CONTRACTOR Authorized ..............................................422 Notice of Differing Subsurface or Physical Conditions,.,,..:,,, ............. ­ ..... 4.2.3 Physical Conditions..... I ............. ::....4.2.I.2 Possible Contract Documents Change ............... 4-2-5 Possible Price andTimes Adjustments ............... A.2.6. Reports and Drawings ... ...... ..................... ..... 4.2- 1 Subsurface and. ...... ; ...... ............. ; ......... ........ 4.2 Subsurface Conditions at the Site Technical Data ....... .............. ....................... -.4.22 Supervision-- CONTRACTOR!s responsibility --- I OWNER shall not supervise ........................ ENGINEER shall nut supervise ......... ; ...... 9.Z 9.112 Superintendence .... ............ 2 Superintendent. CON1TRACTORSrrcsidt:nt­,, .......... 0.2 Supplemental cost...............................................11.4.5 Supplementary Conditions - definition of ....................................... t., ...... :...).39 principal references to ................. ),10, 1. 18, 12, 2,7j, .................. +2; 4.3, 5.1. 53, 5:4, 5.6-3,9, ................ S. 11. 6.8, 6.13; 7.4, 8.1 l,'9.3,.9. 10 Supplementing Contract Documents. 1.1".W..").6, Supplier-- definitionof., .......... ............. ............ ; ........ ).40 principal references to ........... 3.7, 6,5, 6.8-6,11. 6J0, .......................... ......... 0. 24, 9-'13. 14.12 Waiver of Rights........ - .._.................... ­5.11 Surety - consent to final payment ........................14.12, 14.14 ENGINFFR has no duty to .................................9.13 Notification o(-­ .......................... 10.), 103. M2 qualification of.........._ ................................. Survival of Obli giaiuns...........................................6.34 Suspend Work. OWNER May ........... ­­ ... .... 13. IOIL IS'l Suspension of Work and Termination ....................... 15 CONTRACTOR May Stop Work or Tenn inate 15.5 OWNER May Suspend Work .... ...... I5.1 OWNER May Terminate ., ............... ; ...... :.J 5.2-15A Taxes -Payment by CONTPACTOR........................ 6A5 Technical Data -- Limited Reliance by CONTRACTOR ................ 9.i Possible Price and Times Adjustment$....-., t.,.­4.2.6, Reports of Differing Subsurface and Physical Conditions ....................................4.2.3 AV Temporary construction faciiiiies ........................... -Al Article or Paragraph Man ber Termination - by CONTRACTOR --- . ..... - ------ .... 15.5 by OWNER........ ._ - ................ ............. 8:9; 15,1-15.4- of ENGINEEks emplciymcnt ............................... 8.2 Suspension of Work-in general .......................I....115 Terms and Adjective; ..-. 3.4 Tests lndlr' pections-r Access to the Work, by others 112 ................... CONTRACTOR's responsibilities ......................13.5 ........ Lost of 13.4 covering -Work prior to 13.6-13.7 Laws and Regulations (or) ................................ 13.5 Notice of Defects.,,...,, ... ........ ..................... 13; 1 OWNER May Stop Work.. ........... -.1 ...... ......... 13, 10 OWNER's independent testing .... ; ............... J 3.4 special, required by ENGINEER ..........................9.6 timely notice re_quircA.--., .......... .... ­­ ........ 13.4 Uncovering the Work. at ENGIN'llEksi request, Times - Adjusting............................. .......................... :.0.6 Change of Contract,, .... I J Computation Contract Times-difinition o.(, j. 12 day ..................................................... . ..... 17.22 Milestones: ......................................................... 12' Requirements- iippcals :............................:..:.....I....._.... .9,10,16 clarifications, claims and'disputes 12' Comm6rcmaat of Contract Tirneg ............ 1­,2.3 Prec6nstructionConference �..;.. schedules ......... ............................... 2.6,2. .9, 6,6 SuIrtingjhe .......... 2A Title, Warranty of...:-, ........ ......... ........ ... ! ... :14.3, Uncovering Work ........ ..................... . ............ 13.8-13.9, Underground Facilities, Physical Conditions - definition of,.; ; ; ; 11.41 Not Shown or Indicated„-:,-_.... .... -------------- 4,12 pfotection of ...----------- * ........ -------- 4.3. 6:20 Shown or Indicated.........................................4.11 Unit Price Work - claims 1.1.93 definition of ...... ...... ......... ......................... 1.42 gencralll.9. 14.1, 14.5 Unit Prices- &cncmll 1.3.1 Determination for 916 Use of Premises .................. ............. 6.16. 6.18, 630.1.4 Utility owners ............................. 0.13, 6.20, 7.I-73, 13.2 Utilization, Partial., . --------------- 128. 5.15. 6.30.2.4. 14.10 Value of the Work ............ ............................... ­­ ... 11-3 Values- Schedule of- ............. - ........ I. �.6i 2.8-2.9. 14.1 EJCDC CENELAL CObn1nO\5 1910-3094(1 M111014) Wi OTYOF FORT C01.11N.1momrATIONS (REV9199) I I . 11 I Variations in Work --Minor Authorized 6.27,9..5- .Article.or Paragraph Number Visits to Site —by ENGINEER:........: ............... .......... 9.2' Waiver ofClaims--onFinal Payrrient,, ....... t ............ 14:15 Waiver of Rights by insured parties .................. 5,11,6.11 Warranty and Guarantee. General- -b" CONTRXCTOR ............................................... 6.30 Warranty of Title, CO`1N`TRACTOR!s,,.,,,__.,, ...... :-.14-3 Work -- Access to byOthers............................................................... 7 Changes in the .......... ............. .............. io Continuing the ........................ ................. 29 CONTRACTORMaj Stop Work or Terminate ...............................................15.5 Coordination of 7-4 Cost of the -4- 11`5 definition of ...... I ..... I ................... 1.43 ........................ neglected by CONTRACTOR' . .......................... 13.14 other Work_, ...... : .......... ?,,:! ...... ... ,z'111­1-17 OWNER May Stop Work,_,,,,;,,;,;;,,,, ........ 13.10 OWNER May Suspend Work ................ ... 13. iO, 15.1 Related, Work- at Site; ................ .................. 7. 1 -i..3 Starting the,..::::..:. ............... Stopping by CONTRACTOR, .... .......... Stopping by OWNER ................................. 15.1 -15.4 -Variation and deviation authorized. ffiin% ......... J.6 Work Change Directive — claims pursuant to .............................................10.2. definition of ............................. ......................... L44. principal references to,,,,,,,,,,,,,,,,,,,,; 3.5.3, 10040.2 Written Amendment -- definition of..E, ..... :6 ... ............ .... 1:45 principal r-cference-s tc!..: ........... 1.10, 3,5, 5-10 1 151.1� ......................... 6.62. 6.82, 6.19, 10. 1, 10A; U2.1. 13112.2, 14.7.2 Written Cluirications and Interpretations ............................. ; .... 3.6.3. 9-4. 9.11 Written Notice Required — by CONTRACTOR'............ ...... 1.1, 9.10.9.11, L 10.4, 11,2, 12.1 by OWNER ..................... 9. 10-9,11, 10,4, 11. Z 13.14 xv EJCDC (ENTRAL CONDITIONS 1910.8 i1490 EDITION) wicri'V, 6F FORT cowhmmowiCATIQNS WN191991 I I I I I I I I I I I I I I I I I I I I F I I I I I I I I I rei I I rrl is p4e leftibIkAk ihItchLi6halty) CJC= GEWRAL CON'DMbXS 1910 wk1900 ED] n0pl), INT (REV 961)) 1 I GENERAL commoNs ARTICLE I—DEFINMONS WKerever used in these General Conditions or Lft.dui other C6ritetc Ducum&its. the, fullowiiig terms, haYe -the meanings indicated which are- applicable to both the sip&!str ar�d,plural thereof: I.L. Ad&jidd-AVritten or enphic instruments issued prior to -the, opening of Bids which clarify,, correct or change the Bidding Requirements dr' the Ccintrapt Documents. .1.2 Asreemem-Tho wri tien contract between OWN hR and CONTRACTOR covering the Wort:to be peoqncd;, other* Commetbacumenti are attached to. the Agmernent arid made a pan, thereof as prow ided therein. 1.3. Aglication.for Paynw&—The form 'adeeptod by ENGINEER which is,to be used by'CONTRACTOR in requesting prrgre*.qi or final payments andw1iich isin he accompanied' by such supporting docuffi,efitaticK . is is required b" the Cbritract Documents. Lk AWstos�-Any materfalihat coritaifis more thin one imrccritasb9stos and is friable or fibers, ,into the air above current action lev6ls establMed by" the unAd States QLctii6ML Safety and, Ficalth Ailini"matiPat 1. A; R 6 id —The offer or, WpKisal of the hidder.submitted on the prescribed, form settit liirth, the tin 6*fbr tit Wbik• to 6 Performed. 1.6. BjiddhrW Doumenty—The advertiseihem or invitation to Bidt insuiiotiom.to bidders, ;the Bid form; and the,pioposed Cdntraci. Dodumiriti; (including all',AdgQa'. issued prior to receipt of Bids); 1.7, Bid&ng Requinemenn—The, advertisement or invitation to Bid.'mstruciiorLS':to bidders, and the Bid form. 13, bonds and other instruments ,ofse. cady.' 1.9, UiatTe_ Onkr—A document recommended by: LNGrqLZtTz. which; ii signed by CONTRACTOR iiricl ibe Work, or,an adjustment in the Contract. Price or the Contract Tirnes. issued on of after the EfTecLi�e Date of the 1,10 Conover Documenly—T - he AgmerricriL Addenda (which pertain to the Contract Documents), CONTKAMRs .-Bid (including . documentation accorripanviiig the Did .and any post Bid d6Lcurientation subtrided'prior to the Notice of Aware{) when attached as an' exhibit to the AgrmAc,4 the Notice to Proceed] the Bonds, d= General Conditions. the Sup-pleminitary Conditions, the Specifications and. the Dmwings- as the F-KM.0 01SMAL.CONDMO;Z t9104 OW) EMW) WICITY OFFORT COLLINS NIODMCAT101.�5 (FLEIV -112000) sarne are more specifically identified in the together With allAilditen-AmeAdments, Cho Work- Change Directives, Field Orders arid E 3.6.) and 3.63 on or elder the Effective Agreement, Shop, Dmiiing shhffiittftiLs writ to paragraphs 6.26 mid 6.27and the I wings referred to k pa[a9mphs4.a I 'and retract Ductiments. 111- Contraci Price -The' LnqRM payable, by OWNER to GONTRACTOR for ccmplctionoCaicWa in accordance with the Contract Domiffients'as stated in the Agrccmerl'(subject. to, the provisions. of paragraph I 1.9-lin the case of Unit Price Work). 1'.12. Contfuct 'finvs—The numbers of, days or the datcs-stated in the Agreement: (i) to achieve Substantial Completion .and {ii) to pleic, the Woik so that it. is reaty far final payymmcnt.as mridmood by 1-.N(;1Nl3ER'.q written Gritl payment in accordance With Is mgm-ph 14.13, 1_13 COMIR.4CTOR—The,perstin, Fimi or corporation with vhorri 6WNER has entered into the Agreement IS4, ckftethle—An ;adjective Which When re6ch I fyihg the wordLWark refers 6 Work that is unsaiiiffictory, faulty Of deficiirA in that it does not confirm id the Contract Documents, cv does not meet the rcquircmeks. of any inspection; reference"stancWd, testorappraviil referred to if, the Comma wouni aits., or has been damaged prier to ENGUIM's recommmlaticiii.of firmil-paymen't (unless responsibility, for the protection thereof has been assumed, by OWNER at Suhstantutl Completion in accor"pewith poragraph'14.8 or 14.10); 1,15. Draw4ngs—The drawings Which show the scope, extent and character of the WurL to be Aurnishcd:Arid performed by CONTRACTOR and which havi been pre*ed'or approved by ENGDT MR.and are refenyed to in, the Contract, Documents. -Shop dra"'10s" ire notDrawings as so defined., L16. Effea[ve Dare of the Agtvenietjt-The 6te indicated in the ilVeeitienton Which it b&bmes4ffi:i:tive but if no such date 'is indicat)ed;it vrearis the date orihhich the Agrcement is siipud arid -delivered by the List of ihe� two paAjes to mign and defiYa. 117. EAUINFER—The persM firm or ctxperaton raimed'as, such in theAgrecracriL. 1.18. KAGLAEER's Cenmdtant—A person, Firm cr oorponition having a contract with ENGINTTI2 to furnish services as ENGINEER's independent prokisonal asstmale or consultant with re4a;t to the Pfojettand Who is identified as such in the Supplementary Conditions- i.19- FieLd Ortkr—A written order issued bv, ENGINEER Which orders m iricr changes. in the Work in accordance with paragraph 9;5 but which does not involve a changein the Ceniict MccorEhe.Contract Times: I I I II I I I I I I I I I I I [1 1 L I I LJ I 1,20. Genera! RegUiremenrs=Sections of DtvisionI of the Specifiactions. 131. Hazanloiis Waste —The tens ftk=dous Waste shall have the mean'i g.pubvtded. in Section 1004of the Solid Waste Disposal Act '(a2 USC Section 6903) as amended• from time to time. 1 22.a: Laws and Regitlatiotrs; Luuo• or Regulations Any and all applkca claws: rules iegulalions. ordinances,•. _.codes and�rders.of any and all rn govemental bodies.. igencie's authorities and cojurisdiction 1.22b. Legal 1loUnsv -shall be those holidays observed 6y the Citv of Fort Collin% 1.23; Lieru—Liens, chargcsv security interests or encumbrances upon real property or p rsoml property. 1,24: ktihsione--A principal event specified in the Cortrath Documents.relpting to on intermediate' completion date or time prtor'to Stihstantral C;immpletim of all the Work. 1.25. Nance,of Award —A. written notice by OWNER to the a nm sitcccssful hider stating that upon compliance by the apparent .successful bidder with the eonditiora precedent enumerated therein, within the time specified: OWNER will.sign anal deliver the.Aprccment. L26, Notice to ProceedA written, notice given by OWNER to CUNTRACTOR (with a copy, to E:NGINF,ER) frxirng the bate on which "the Caitract ,Times will commence to run and on which.CON'I'RACT'OR shalI start m to perk , CONTRACTOR'S. obligatioim under the Contract Documents. 1.27. OJENER—The public body or authority, corporation, association. firm or person• with whom CONTRACTOR has entered into the Agreement and for. whom the Work is to'be provided. 'I 2S., Partial' Utilization -Use by OWNER of a sdhstantially ctimpleted pan of the Work .for the purpose for which it is intended '(or. a related purpose) prior to Substantial Completion of all the Work 1.29. PGBs-Polychlorinated biphenyls. 1:30. Petroleum --Petroleum: including crude oil or any. fraction thereof which is liquid at. standard ecnditions of temperature .und pressure (60 degrees Fuluemheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse. gasoline: kerosene and oil mixed with other non-[lazardous.Wastes and crude oils. 1.31. Project —The total eoos'tructiun of which'the Work to be provided under the Contract Documenth army be the whole, or ii part as indicated elsewhere in thr Contract .Doaments. 1.31_a Radioactive Nfuletial—Source:.special;nucleu. or hi Twoduct material as defined by the'Atomic Energy Act of MI)COENUM-CONUn71ONS. 190-8 Q994) Edilimi w! CITY OF FORT QOLGNS MODIFICATIONS IRL•Y dQe(e)' 1954 (42 LTSC'Secdon 2011 et segj as amended .Gom' .time to time. 1.32:b. Rertdar W6rfint ffatvs=Regular working hours are defined as-, .7:00am to 6:000m unless 'caherwiae specified in the General Reouiremenm 1.33. Resident Prx jest Repevsentati.v-The-authorized representative of ENGINEER who may be.amipned'to the site. err any part thereof. L34. Samples —physical examples: of materials, equipnem,'or workmanship that, are representative of sane portion of the Work and which establish the stmmdards by which such portion of the Work'will be jadgcd 1.35. Shop Drawings -;All drawings diagrams. illustrations, schedules atud other data or ir&rmatiori ,which are specifically' prepared ocassembled by or' far CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1,36: *t 60cationvy Those portions; of the Contract Documents consisting of written technical descriptions of materials, equipioujt, constreEtiian syacros; standards'and workmanship as .applied, to the Work and. certain adaimistretive details applicable thereto: L37 Subcontractor --Ad individual, firm orcorporaiion having a direct contract with CONT RACfOR or with any other'Subcdrithator far the'perfarmance 6fa part,of,the Work at the site. 1.38 Su-bstannal Completion --The Work (or a specmbed"pun thereo hasprogressed to the point where. in Ahe inpuion o 'FNGINFFR. as evi d6nued by GiVCrINEFR's _ definitive ikrtiHeate,• of Substantial Completion it sufficientlyconiplete, in accordance With th'e Contraet Dooirimtv,'sothat the Wodc (or specified pail) ctui die' utilized for the,purposes .for which it is intended: or :if no! -such certificate is issued, when the Wak. is canpleta_ and ready for final .payment as evidenced by ENCrIA'F-F.R's written, recommendation of fined payment in accordance with pnragraph 14.0. The ,terms substantially complete" and substrmtially completed" as applied to all or part of the Work refer to' Substantial.Compktimr thereof 139. Supplemwitay Conditions —The. part' of the Contract Doctiments which amends or supplemet"'these Gerrcr! Conditions 1.40. Supplier —A manufacturer, fabiricator supplier, distributor_ materialman or vendor havhie a direct tomm6t with CONTRACTOR or with any .Subtxuunuct_or to fiirnrsh matnrials'or equipment to be incorporited in the Work, bay CONTRACTOR or eay'Subcunasctor. 1.41. Undvtgrprmrl• Facililirs=Al1 ,Pipelines, corduits, duds;, cibles, "{virts manholes vaults, .tanks,. tunnels is other such facilities or attachment% and any eneasemchts containarg, such faeilitres: which Have been iru1aUcd underground to'fumish any of the following services or I SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). ' 2.0 COPIES OF BIDDING DOCUMENTS ' 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations ' resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do ' not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. J materials: electricity, gasm steam. liquid petroleum product. , telephone or other communications, cable television, sewage and drainage removal tniffic'or other control s}Stems err water. 1.42, Vjiit Phea Wor£-Work to be paid for on the basis of unit prices. 1.43: Work -The entire completed,cointructkm or the m vanous sepatcly identifiable pails thereof required to be f rmish_ed under the'Comract Documents. Workr includes aitd is the result *of performing or fumisbing labor -and foaming and incorporating materials and equipment into the cot straction, and performing of furrwhing services and fianishing -documents all is required by the Contract Documents 1,44: Nark Change Directive —A written directive to CONTRACTOR issued on to after the Effective Date of the Agreement and signed by OWNER and recommended by E IUINEER, ordering an adthtiun, deletion or revision in the Work, or, responding to differing .or unforeseen physical cmiditions railer which the .Work is. to be performed as provided in pamgraph4.2 or 4.3 or to emergencies under paragraph 6.23. A Wait: Change Directive will not change the Contract Price'or the Contract Times, but is evidence that. the parties ex , 1, that the change directed or docvmcmbd by a. Work. Cliangc. Directive will be incorporated in a subsequently issued Umnge Ordcr following negotiations by the parties as to its efTect iF any, on the Contrnct'Price or Concoct Times as pravrded,inparagraph 10.2. 1.45; Wrimn Amenaytntnt--A wriucn amendment, of the. Commct DocumrnLR signed by OWNER and. CONTRACTOR on or after die Effective Date of the Agrcanent and normally dealing with the:ndnengincefing or nontechnical rather' than W cily ctvtstruction-related. nspects.of the ContmeL Documents, ARTICLE 2=PRELMINARY MATTERS D¢6very bf Rorids: 2:1.. When CONTRACTMR. delivers. the executed Agreements to OW\TER; CONTRACTOR, shall also deliver to OWNER such Bonds as.CONTRACTOR may be required to furrishiii iccor&ncc with paragraph 5. 1. Copies o%Documents; 226WNER shrill famish to CONTRACTOR up to ten acopies (unless otherwise specified in the Supplementary uh�ions) of the: Conrad Docuinients:as are reasonably necessary for:thc execution of the Wort:, Additional copies will be furnished. upon ntquest: at the cost of reproduction. Commencement ofCon('ract Timer, Notice to Proceed 2.3. The Contract Times will commence to tun on the thirtieth day after the Effective Dati,of the Agneem.ent, oi, FX-DCU6NERAL,COND.ITIOM,19ta8 (IWI EiNtiail cal CITY OF FORT COLLINS MODIFICATIONS (REV -t2000) if a Notice to Proceed is given. on the day indicated in the Notice b Proceed: ANotice to Proceed may. be given at any time within thirty days after this Effective Date of the am13 toaatle of Bii4etenirigoFthbt#a_isetlir�i�eir-the-Fft'eaiive-Date of the-Agr art;-whichever-cla6e-is eaFker. Starting the !York; 2A_ CONTRACTOR shall start to perform the Work on the date when the CoRIict Times:commence, to run, lint no Work shall be done at the site prior to the date on which the ConvractTimes commence to riot Llejnre;&arnng Construction: 23. Before undertaking each panof the Work. CONTRACTOR "If carefully study and compare the Contract Docunterim and check and verify pertinent figures shown thierec n and all - applicable Geld measurement& CONTRACTOR shall promptly report in writing to FN(HNFER any conflict, crior, ambiguity or discrepancy`which CONTRACTOR; may discover and shall ohtain a -written interpretation dr,clarificaticm from FNGINEER befare'procceding with any Work affected thereby'hotvcva, CONCIR AMP shall'notbe'liable.to OWNER.or ENGINEER rar failure ta repon:any conflict, error: ambiguity .or, dasrreparicy in the Contract I)xumcnts, unless c,'t7NTRACI'OR kricw or reasonably should have known thereof. '2 6. Within ten days- after the Effectivo• Date : of the Agreement (unless othmvisc specified in the`. Gcpcial -Requirements), CONTRACTOR. shall submit- to ENGINEER for review; 2.6.1. a preliminary, press schedule indicating the times (numbers: of days ordates) for starting and completing the various stages of the Work, iticludirig any Milestones specified in the Contract Documents, 2.62 a preliminary schedule ofShop Diawing and Sainplc' submittals which will list ;each required submittal and the times for:submitting, reviewing and pro6essing such submittal 2&2:1.. In no case will a schedule -be ac_c g "ble which allaws less dren 21,calendar days for .each review by Erteineer_ 2,6.3: A preliminary schedule of. values for all of the Work which will include quantities and prices of items aggregating the Contract. Price- and .will subdivide the Work into component parts�,in sufficient detail to serve as the basis for progress payments during; 60wilructiort Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2:7. Before :any Work at the site is started, CON'I'RACI'OR moil -CA>, ;R' shall each deliver to the etlteF OWNER.. ,,Kaih copies: to ai fi ere t a_.: fied in ; e v.: a',_._ . r _a:.: ENGINEER I 1 I u certificates, of uts imnc2 (and other evidence of insurance w� t trM requested by OWNER)- which CONTRAC.TOR!ively end is required to. purchase and maintain m• a6mr-dance with pamgnipha Preconstrudion Conference." IS; Within twenty days after the Contract Times start to rim; but before any Work at the site is started, a eonferera.e attended by CONTRACTOR. ENGINEER and others as apptrmpnate will be held tot. establish a working unalers ing among the parties as to the Work and to discuss the . schedules referred .to' in, paragmpi 2.6, procedures for handling Shop Drawirias and other submittals processing 4pplicatiom for Payment and maintaining required records. InitiallyAccepmble Sehedreles: 2.9.'. Unless otherwise provided iri_ the Contract. held to review__ for acceplability;to ENG below the schedules. submitted in l':()N tKAULOK shalt have an 3*1RIonal ten days to make corrections ard'Adjustaients and to complete and'�resubmit the schedules .No, progress payment shall he made to CONTRACTOR umd the schedules are submitted to and acceptable to ENGINFiER. as provided. liclow. The progress schedule .will be acceptable lid F.NIiTNF.EP as providing an orderly progression of the, Work to completion within any spacitied ,Milestones and the Contract Times, but such acceptance will neither impose on ENGIN'GLR responsibilityfor the sequerxmr, scheduling oi kogress of the Work Aor interfere with .or rcheve CONTRACTOR Fim' CONPRACTOR's full, responsibility therefor. CONTRACTOR'S schedule of Shop Drawing and Sample submissions will be acceptable. to F,NorNF.ER` as providing a workable arrangement• fbr revie%vinlg aid. processing the required -submittals CONTRACTOR's scheddle.or.values W ill be acceptable to ENGUEERasto Goren and substance. ,%R,ncLE'3-Co.N-micr'DOcu.,%t rs: bNTErf AMFNI)MG,REUSE intent: IL The Contract Documents comprise the entire agreement between OW&M and CONTRACTOR concerning the Work. The_Cuntrnct Documents are: complementary; what is i:all6d for Wore is as binding as if called for. by alL - The Contract Documen is will' be corutrucd in accordance with'the late of the place of the Project. 3.2. It is the intent .of the Contract Docummts .to EKvc GENhAAL coNIx'noM I Y la-s tl Yve e(wi i)- wtaTY ON TORT COWtZ MOI)1f7CA:nONS nRL•'V A 2lllnil' de_scrllie a functionally complete Project (or part•thereoo to be constiucted in accordance with the Contract Documents. Any W&L,mataiafs or equipinem that may reasonably be inferrer( from the Cmitract Documents or from prevaifing custbm or trade usage as being required to produce the intended' result will be furnished _and perGnmed whether or not.specifically called 'fiti., When words or,phcases:which have It well-known technical or construction industry or trade meaning are used to dc:aTrbe' Work: materials vr,equipmcm. such wards or phrases shalt be interpreter( in acctirdanee with that meamrtg. Clarifiiations.andimcrprctations of the Ctmtract Documents shall be issued IW I NGINEER as provided: in parasr@pFi):4., _ 33.. Reference: to Sandarde and S)pecifeadoni of Technical Societies; Reporting and Resolving. Discrepandes7 III: Reference to standards, specifications, manuals or -codes of any technical society, orgaruition or essecistion„ or to the laws or Regulanons,of any governmental, authority,, whether such 'reference be spec fie or by, implication, shall mean the latest Standard- Specification manual, code or laws or on the Efanve f.Yete of the A,, no Bids), except as may, he stated in the Contract Documer 332. IE during the performance of. the Work, CONTRACTOR' discovers any conlhct, erFot, ambiguity or discrepancy within the Contract Documents or bctwcai the, Contract Documents and Any provision of any such - Law or 'Regulation applicable to.the performance of the Work or of any such standard, sjiecificttion, manual it code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it, to ENG0,THM in wnnrlg .at ime$, and, CONTRACTOR shall not proceed with th'e Work affected therelw (except in an emergency as'authurized by paragrapk6.23) unit( an amendment ar supplement to the Contract Documents has been issued by one of the methods indicated in paragiph3:5 or 3.5 irovided however, that CONTRAt"-'TOR shall not lie :liable to OWNER or ENGMER for failure to. report any such corai;t error, ambiguity or 'tllstaepancy imless CONTRACTOR 'knew or reasonably .ihytild have, knOwnthereof. 33:3: Except as otherwise specifically stated in the Contract Documents or as may be. pprrovided by amendment or supplement thereto issued by one of the: methods indicated in p nigraph 3.5 or 3.6, the provisions of'theContract D,octiments shall' take precedence in resoMng tiny conflict, char. ambiguity or ordiscreparay between the provisions of the Contract Documents and 3:3.3.L the provisions of any such standard, st 6clfieatioil, manual. code or instruction (wbelfier or niat speciGbally ncwpcaated by reference in the Contmct Documents); or 11 3,3.3.12 ,tire pmvisions of any such haws or Regulations applicable to the performance of'Ihe Work (unless' such, en• mterprclalibn of the prov .ions oC the Contact Docurtirnis w_ ould result m violation of such Law or Regulation). No prcrision of anysuch standard, specilication, manual, code,ar gutrudibn shall becffectve to change .the duties an& responsibilities of owe u, cONTRACTOR or t•NGINEFK or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Ikicuments, nor shall it -be effective to assign to O) VNER, ER FNGINEor any of FINGiNEERs Consulmnts, agents or employees any duty or authority' to supervise ar direct the fumishirig, or'perftumance of the Work or any duty, or adthtdityto. undertake responsibility inconsistent with,the provisions -of paragraph 9,13 or any other provision of the Contmct Doosunenis. 3,4. Whenever it tho Contract Documents the terms "as a dered",.'as. directed", "as .required", "as atlmved", "as approved" or terms of like effector import are ucscd! or the used to describe a_ requiremen6 d'uectiont review. _ or judgrnc ft of sE `GLNIEER as to the Week, it is intruded that such rcquiremenr direction review or judgmotaill' wbe solely to evatirate, in geieml, the completed Work for oompliiance with the requirements of and .irdbr matio&in'Uia Contract Docoments.and conformance with the. design concept of the completed Projecvw%a functioning.whole'as drown or indicated in the Contract Documents (tint6s there is a specrGc statetment_indiLmirig othertvisa). The'use of anysuch rarer or adjectveshail not be effective 6 assign.to D4GINIIER any duty 4 authority to supervise or direct the fumi4iang di performance of the Work or any duly or authority to undertake responsibility contrary to: the provisions of paragaph 9. l3 or any other provision' of the Contract Ducuxnenls Amenr6ng and Stiprplememrng,Contrud Dacamems: 3.5. The Contract Duc-umcnts may be amended to provide ha;additions, delcti6m,imd revisrons in the •Work. or to motliCy ,thc. terms and conditions ' thereof in one our more of the fiillowuug.ways 35.1., a.fotmalWrittenAmcndment 3.5.1 a Change Order (pursuant to paragraph 1004 or tJCOCUENI-R.V:,GOtdU1T10ia5'491" (1990 Erltioan w/CI YOF FORTCOLLII"SNIODIFICATTOTv'S(RGV-1201i0? I 353' Ckatge Directive (pursuant to ' a .Work paragraph 10.1), 3.6_ In addition; the requnrcments� of the CoAtrAct Documents may be supplemented, and minor variations ' anil deviation". in the WoTkfira"bl suthonad; n-are a more orlhe.followatg ways: 3.6.1. A Field Otd4 (pursuant to paragnrph 9:5) 3:62. i GMER'iapprovnt'ofaShopopDrawrngor , Sample (pursuani lo, jZignaphs 6;?6 and 6:27), or' 3AI ENGINEER's written interpretation or clarification (piasuant to paragraph 9.4) ' Reuse. ofDocumenev: 3:7. CONTRACTOR and any Subcontractor or other Supplier or person or organization performing or furnishing, any -of the Work under a. direct or indirect ' contract with OWNER (i) shall not have or no arty title to or .ownership rights in any of. the Drawings, Specifications. or other documents (or copies of any thereof) prcparcd by or besring the teal of b`NGINHl1R_or ,F.NCINEER'i Co nsultart,_an&(ii) shall not reuse any of ' such'Drawings. Spccificatio' other documents or copies on .:.d3lsions of the Project or any other project without 'writtencoiwnt of OWNER uhd.ENGINEER and specific .written verification or adaptation by'ENUINEFR. ' ARTICLE 4.-AVAILABILITY OF LANDS; SIMURFACE AND PFIVSICAU CONDITIONS; REFFRFANCF PO MS. ' ivUabi6(v of Labds. 4. L OWNERshall all furbish, tis indicated in theContract Deeumerits• the lands upon which the -Work is to be performed, rightsof-way and easements. for access thereto, and such other lands which are designated far the use, of CONTRACTOR Upon reasonablawritteni request ruimm� ..un r t CGNToAC41PO h statenieiit-o€-record kgaFtiUe-trrid-kgaFdescerptioitt�tlia ' 01-"-iturl6-a-meantlntCS-uen-agalnsi-suen-iana5-m ' a . OWNER shall identify any encuuabrari m or restrictions not ofgemnal application but specificiilly.related'to use of lards so furnished with which CONTRACTOR wall have to comply in performing the Wort.. Fasements. far. , permanent structures or permanent chmuyes in_cxisting fa cilities will bre obtained and paid tar by OWNER, unless otherwnse provided in the Contract" Documents. if CONTRACTOR and OWNER are unable to a6cee on entitlement to or the amount or extent of any djustments ' in the Contact Price or the Contract Tunes as a result of any delay in OWNERS furnishing these. lands rights - of -way or easements CONTRACTOR may make a claim therefor .as provided, in Articlesll and.1: 5. 1 1 I I I I I I 11 I I I I I I I I H CONTRA&OR, shaU-provide for alf additional 6ftds ard access 'thereto that! may be rrquire.d,'fbr :tirrilkyrary, 01;TIstructicin racaities .4, stuiad5 617',miterials avid equipment 4,1' S'llbsivf 4.2: 1. Reports 6 and Divaings., Reference'is made,to tke Suppl5mentary'Corufitioni for idcritificationdI 42-1-1- Subsiofiqcv Conzbfirmtv. Those reports of, expioretions of'!ml;s��face-c'un-dition's"2-t LY- coihiguous - to 'the site that, have been, titilikd'.b;, ERNGDYMER!mi` PTSPOM9 the Coriuki Documents;. and 4.2.12: Those drawings of phsic iil'condi ' tiohs in or relating to existing face or subsuffhoc-structiarcs at or contiguous to the's6 (m4, Underground Facilities) 'that have bcci ui;iliiied'b- ENTGMER'iii pwWu-% the 'Cofitract Documents. 472.2: Limited.1 T"Cluzical.Data: on 4EER's Consultants with4dipect to 4,2,11- the completeness &such*" ind dMWin&3 For CONTRA-CTOWS PUITOWS, including, but not limited to any any aspeZv; of the, mean, ft , % ffi�ds. Lcclir . u . quc& - sequences and ,procedurd of construction to ,lie einploved­by cbi,fml�ftblz arid safety precaution's and programs in6dent thereto.- or 4.2.12, other data, interpretations, opinions and uiformatio_n cbritainedin such reports or shown &,indimtid in such drawings, or :any CONTRACTOR iriteFprethti6nof .or conclusion drawn from any"technidal dait", of any such data, • interprelatiLm opuiiom or uglorniation; 4.23_ kofice a f, Diffierink SubAiq*e or. Physieai C&xfifiI cvis., f CONTRACTOR believes that, any substfirfkc or physical conditt"on at or ccintg'u"ouslo the site that is Uncovered or meal6deither; 4.2.3. 1. is of such a nature as to establish that any tecbmcai data" 'on which CONTRACTOR is. entitled,fa ielv as Provided in Paragraphs 4�21. and A.2.2 y raLe is materially or 4,2.3.2., is of such a, nature - as to require 8 change in the Comiact Docurfiefitik or 41-33, diffem materially (irim flint sh-mvii of MCDC GENERAL, CONUTIONS 191 Q-8 q99(p Emiou-), indicated -in the Coittract Documi 6K or 41.14. is of an unusual.naturc; and diiT&s i�ateris'lly.from[Zoiiditior%s'ordinaiUy endountered generally recogrumd a's inherent: in.workof the character F%rovided for in die- Contret Mcumcntis�then: CONTRACTOR shalt, {womplly imm atol, :and 1 Ili f Sk be crec, and before further disturbing cu= aware affected thereby: or performing any �Kq!�'in ng connection therewiifi '(except 'i.n' an emergency as - permitted by ,y Onigraphfi.Jl); notify OWNER and LNGWEER in writing, about such condition, CONTRACTOR shall nix ' Ember disturb such condiiinris w.l5cri'mm any Work in connection dicrewidi ( ,ditij as aforesaid) until receipt of Written order to do so. 42.4. EVG1NEEWv RMew. ENGINEER w611 promptly review die pertincrit.'condijor,%rdetermine the .n=ssityof(bV;NER'i'obtiim'wJWUL*ialcitplbraLiuilc-r tests With respect thereto and advise'OWNFR in Writing (with aazy to CONTRAC'I*bR) of ENGINEER's uW confusion, 4.25, Contract Docuiwintr, -Change: it ENGINEER concludes that a change in the Contract one or more of the, categories in Oaragraph 4.2.3. A Work 'Change Diri!dtiw or a,Change Ordcr�will fic issued,as frovided in Articlelil to, reflect and docurriefirthe ­ - — I consequenalsol'such changc, 4:16 Poxsible Pitce and 4runes .4i#_usMwWs.,. An equitable n4justment. in the C ' canract.Nci or ini the. CcintractTimm or both. will be allowed to the e4ent that the exikwricc of'such,uncovefied:or revealed crinclition causes auses a , n increases, or decre&wm CONTRAaMs 4i oL�or Lane required tor perlbrmarweof the -Work; subject, ho%ver &.; to the fbl.16wU)%: 4.2.61. such condition must meet anyone or, more of , the ca , tegones described in paragraphs 4.2.3; 1 thr&Of 4:1.3-4, irdltisi,w; -6.2 a change in dk6 CommctDoEtiments pu rsuami to ;paragraph, 4.2.5 will ruit' be an .automatic authorization of nor a, -condition pqdcrdto crititlerrient to any itich idiusim ent; 42,6.3- withrespectto Wark thatispaid rdr on a Unit Price Basis, any, adjustment in Contria;V Pride will be 3ubjcL1 to the: provisions of pirii6raphs 9, 1 U and i [A and 4.2.6.4. CONTRACTOR shall not be entitled to any qdjustittdrit in the Contract"Price or Times if, 4.16'AL CONTRACTOR knew of .the existeiicc of such conditions at the time CUNMRAC IOR made a riiial commitment to OWNER in respect of �CMtracr Price and Contract Times by the 11 I .Submission oe a bid' ob becoming ,binutd written notice to that owner and to OWNER ' undera n(r.(,sitiated contract, or, give and ENGfNEER. ENGINEER will pnimpdy review the Unrkiground Facility and determine the edert.:if 42:6.4 , the ekisterice of such any, to which a change is required in the Contract condition could reasonably, have been Daumenis to reflectand document theon csequences discovered or revealed as a result of._nny; of the existence of the Underground Facility, If xa emination, investigation, exploration. ENGINE11A concludes that.a�change in the Conirui:v test or study of the site and conti6w.us Documents istequireif,a'Work -Change Direch4ora areas required by the Duddir Change Order will,be issued as prmided in Article 16 .Requirements or Contract Documents to be to ref1eot atid' documeid such consequences.. Diurang coiducted by or for CONTRACTOR prior such time, CONTRACTOR Shall be responsible for , to CON[ItAC'rOR's making such .fiat the surety erul protection of such Uruletj;rotmd commitrnencor Facility, as p ravided 'in. paregmp}i6.20,. 6:43 CONTRACTOR s#iall may be Allowed an increase in 42� CONTRAM'OR failed to give the written notice within the time and the Contract liadp or an exlenision of the Cortract Times, or Both to the extent that they are attributable , as required by paragraph 4,23. to the vxiatence of any Under*cund Facility that was - not shownor indicated in the Contract Documents 1r OkVvFA and CONTRACTOR are urmbk to agree ;on ars& that CONTRACTOR did trot know of aml could etlement to or as to the amount or "th of any such nti not reasonably have. been expected to be aware of or equitable adjustment in .the' Contract Price or Contract to have anticipated If OWNER'an d CONTRACTOR ' Times. A claim may be made therefor ,as; provided in are uriahle to agree [in entitlement to or the arnotint or. Articles II and 12:' However; OWNHR,.FNGINMR,and length ofanysuch adjustment in Cointract'.Price or FNGINEFRS Consultants Shall not be liable to Contract Times, CONTRACTOR may, make a claim CONTRACTOR for any claims,. coeds, losses or damages therefaras provided in Articles 1 I. and 12. However, sustained by CONTRACTOR,oh or in connection with any OWNER, FNMoMEFR and ENGIl T.Ws ' ather.proi[ct orantiapatcd project Consultants shall not be lial le to Cf3NTRAC!'OR.for any. claims, costs . _Ic s5es: or damages incurred or 4 3 Physical Conr6non5-L%ndngrortnrl FacnLrres: sustained by. CONTRACTOR tin or iii connection with anybttfFiier projector anticipated projecL All.Sltn>srt or LtrGcated.• Tfa mfarmauon mid data ' Shown or indcated in the Contract, Doiumcrti with RejerencePointy respect to cxistug Underground' .FaciW6 at or. contiguous pi tFje sum is based can info mation and data. 4A. OWNER shall provide engineering surveys to famished to OWNER or FNGINFFR hythe- owners of establish reference pointsfor construction which in much Linderground Facditias or by others. Unlesst.is ENGUEER's , judgment are necessary to enable , athcrmx e.�pre.iy provided m the ;Supplementary'. CONTRAC O'R t& proc.ced with the Work: Conditions: CONTIL\CTOR shall' be responsible. for laying but the Work shall protect and preserve the established reference 43_1.1. OWNER and ENGDTI II shall n6tbe poi» is and shall make no changes or relocations with6ut responsible for Ow aecuracy or•coi mpletenessofarny the, prior written ER approvaI of OWNCONTRACTOR' , such information o r data; irad shall report to ENGINT-ER whenever any reference point is list or. destroyed or requires wlocatfon because ,of 4;3.L2, The cost of all of the following will be rujerssary •clings m grades or- locations, and shall be included inthe Contract Price and'CONTRACTOR rzspurtsible' for the accurate' replacement or relo iation,of' shall hnve frill resporuib limy Tot. (i)_revewing,and such referenck points tier piufsicmally qualified ' checkng aU such irlormauon anddam (u) locating pcasonnel. all Underground Facilities shown or nducated'Mn'the Contract- Documents,(in) obordiiiatich U'die Work 4.5. Aibettoi,,PCBs, Petroleum, Hawilnurlt'ade dr with the .aivnvs of such Undeirg o nid racif ities RarGoaerit'e Material; during conswcti[m; and (iv) the safety, and ' protection of all such. Underground Faculties'. as. 4.5.1. OWNER shall be responsible for any provided; in paragraph620 -and repairing any Asbestos, PCEta .Petroleum, Hazerclous Waste or damage thereto resulting Gorr the, Wort:. Radiosetive Material uncovered a revealed at the site which was rant shown or indicated in Dmwings--.or 4.3.2. .Not 8houn or'Im6catecl if an Underground Specifications or idea Pied in the Contract Facility is un eriveredortovealed at or contiguous to Documents to be within the scope of the Work and , the site which was ict shown or indicated in the which may present a substantial danger to persons or Contract Documents, CON'rRAC OR shall, prompdY thereof proppeerty exposed Ihereto'in connection with the Work ianrttedately'affer becoming aware, and bef[xz at the'sirei OWNER shall nut be responsble for airy- further disturbing conditions acted thereby or. such materials brou& to the site' by performing any .W&k in cormecnon thcrcwith (except CON* RAC I C)R .. Subcorntractom Suppliers, or ' In .'an cracrgertey as required by paragraph'6.23),, anyone. else for whom CONTRACTOR. is. identify the rnvner of such Underground Facility and responsible. FX'OCOb'NFRrV; CONU1710iv51910:8 f 17N1 Eiliiml, "% ' •w'i CITY OF FORT COLLINS MOD 11F1CAnON5 (KHV a2000) I I I 1 I 1 t 1 1 1 1 KIMCaENUM COND-n M11tt13.t199V Editiwl� wt CITY Old TORT 00LI . i MODIPWATiONS IRW4i200W I 11 ARTICLE 5 -$O,'VDS'AND INWRAINCE: P afarmance., Payment and Other Bonds- 5.1. CONTRACTOR. shall furnish Performance and Payment Bonds, each' in an mnount.at least equal to the Contract Price as security. fcir the faithful pafextnance and payment of all CONTRAG"fOR's obligations under the Contract DoWmcmf s- These Bonds shall iemsin in effect at least until cafe year after the *date 'what full payment .becomes due, axbept as provided otherwise: by Laws or Regulationsor by the Contract' Documents. CONTRACTOR shall,nlw furnish a h.other Bonds as aic required by the Supplementary Condittottq ,All Bonds shall be in the form prescribed by, the Contract Documents csec t as provided.othenvise by Laws or Regulations and shall be executed by such surcaics.as are named in the: current list of 'Companies Holdingg.. Certificates' of Authority as Acceptable Sureties on Federal Bandsarxl as. Acceptable Reinsuring. Companies" as published. in' Ctwular 5711 (amended) by the Audit Staff; Bureau of Govermneni Fmrwncial Operations, Uti't'ressury Department All Bonds signed by an, agentmtcac he accompanied by'a certified copy of such agents athotity to act 51. It the- surety im• any Bond furnished by C;OWRACI'OR is declared a bankrupt or becomes inkivent ds its right to do busiriess is terminated -in any stat6 Where any part ofthe;Projectis J&ked;or rt ceases to meet thic'requirements,of paragraph's); CONTR ACTOR: shall, ivithin ten days thereafter substibkt another Bond rind su{cty,,6oth`Zvhich mutt be acceptable to OWNF,R: Licensed :Sureties and Jn=reri; Coifieates of Jrtsumnce:. 5.3.1. All Bonds andinsurance. req .cd by' the CONinct Docmients to be,puicfids 'and nmaimained by .OWNER c i CONTRACTOR' shall be, obtained from surety or insurance companies that are duly licensed orauthod" in theJunsdiction in which the project tsl -='red to'issue Bonds or 4t urance policies for the limits are) coveiag'es so regm ved Such surety and insurance coniparues shall. .also meet such additional requirements and qualifications as may be proviikd in the Supplemcrory Conditions. 53.2. CONTRACTOR shall deliver to OItN"M with espies to. each additional'iitatred idnr tiled in the Supplemem Ccndi_titms, certificates of irwrance, (and other evidence of insurance requested. by, OWNER or any. other adlititidxud nsured) which CONTRACTOR is required to ptrchiise andmaintairi in.axoitivuz with paragraph 5.3, -shag C01%MICTOR'i Liabifiry Insurance: 5.4. CONTRACTOR shall Purchase and maintain. such liability and other insuranceias *is a -pp, ' late for the 'Work being performed and furnished_ a - n7as twill, provide protection from claiiiis set forth bclo%v which'mav arise out of - or ic"I from COINTILACWR's performance -and himnishirg of the Work and CbYfRACTOR's other obligations under the Contract DbcuiiheritS. whether it istu be performed or furriished by CON-17RACTOR. qny SubcoR"if6r.- j Supplier: a - r by anyone directly or tndir I employed by iny.6f them to perform or Furnish any of Yw Work. or by anyone (ci whose acts .airy 9fraleyri may he liable.: S4.1. claims under workcrs'compensation. disability benefits and other :similar employee benefit acts: 5.4-1� claims for damages becausc or bodil injury-, occupational sickniess or death of coKrPAC-rOR's employees, 3-4-3- clabis lrir damages because or bodily -injury, sickncsx.or cfiscase,CrLdeath of any person other4han CON'TRACTOR's employges:. 5- tt --f—Y tt - W R. -F by any nth 5,45. claims for damages. other tout to the .Work. itSeit because of ir*V to or'd&;rructioh of tangibloi property wlicriaver, kxatcd: including loss' of ,use resulting therefrom; and 5A6- claims for damages because of bodily injury or t1tolAny, person or property damage arisiriout of nership, maintenance or use of'any motor vehicle. The poUcies of insurance so required by this.parngraph 5A to be, purchased and maintained shall - 5.4.7, with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9, include* as- additional iroureds (subject to, any customary extilusicn in respect of, *15essional: liability). OWNER: ENGINEER, ENGINEERs NnsidlanLs and any other persom or entities idenlified in the 8upplementary Conditions, all of whom shall be listed as additional'insureds, and include coverage for the respective officers and -employees of all such additibrial insureds-, 5.4.4. irwhide the specific comagcs-und be written for not l6s than the limits of fiabilify provided in the S4W)enicntxy Conditions or requ ired by Uws or Riigulations, whichever is grcAtcr-, S:i9, include completed operations iimrranx� w/ CITY OFFORT COLUMMODHICATIONS (REV WNW) 5.4.10, mcludc contractual, lihbility. insurance covering CONTRACTOR'i; in&mnity obligations under paragraphs 6.1, 6.16 and 6.31 through 6,31; 5.4. H: contain a provision or endorsement -that the coverage a . fradcd will not be cancelled, materially changed or renewal refused until 6t le4st thirty days. prior written notice has Been -given to OWNER and CONT RACTOPUind to each other additio*11111 ins&xd identified in the Supplementary Co n-ditibms to whom a. C;iiificati 617 isurtaZe has 'bcen' lissuid (and the certificates of.insurance furnished by . the CONTRACTOR pursuait to paragraph 5.3.2 will so priavido); 5.4.12; remain in effect at least until: final payment and at all times Lhcrcaficr wheri CONTRACTOR may be correcting, removing or replacing defective Work in a6cnrdan�cc withparagniph 13:12. and " 5.4.11 with respect to Lompleeted operations insurance, and any.. insurance coverage written. on a clsims,madii hasis, remain 6 effect for at least two years afteir imal pa),tncnf (hrid CONTRACTOR shall fiinii&h'QWKFA;and.cq&hothm,additibital insured identified in the Supplementary ConditionsIdwhOn a certificate or insurance hiis -ticen issued -evidence satisfiictory to OWNER and _any itich,additional insured of continuation of siich insurance at: final payment and one year theriafter).' OWMR'.v Lietbift Insurance: 5.5. Inaddition-to, insumnce-re4uired.tobc provided by.CONTFACTOR und& ptirap* 5.4. QWNUR at OWNER's option, . may purchase and maintain at OWNEZ's expense.OWNTER's.own liability,su insurance as will protect WINER aping claims wfilLh may aiise from operations under iti Contract Docunients. Propero, lmwmnce deddiaibla­asaourfla --may—be--provided--in—the --be--"idad--in—the CXNTRr3C�9P, SUbUiRIAMS16FS; P;GDMUR' ethOF PeFS ent4itsidantified-ire-lhy SupplemenuiFy-C.oMitions; eitch-af-wh6ni-is-deemed to have-Hnt•irrsurable-interest open PeFil BF spe6ial efluse 4mi shall a! least include [LES aga-B.51 at laist, I I I I 11 I I I I I I I I I I I I ..63--irtelndre.�eprmes-itu'utrrd�-itt-lhr�repair or replecoffmt of-affi� ifisu md -P t-not A to pos, :Arcc,i ,), 44.4--covefm by &'Glb wxi 5.9.. OWNER shall riot be: responsible for putchasi%, and maintain4 any property i xsuxence to prLIed the irderests of COINTRACTOK S6bcontractois cw".othim in pafogaphs 5.6 eF 54, Q;krts a "tie swh flsmftflee, md tho ee ---------- - 10 WDC . CENERAL CONIX-nONS M04 tI99Q Edition), wl CITY OF FORT VOLLIM -kIODMC.kti6NS #RLA',1(20(9A' %� i.2; rn addlieR. ..4 - 4 apuva— M-NTRAGTGW-��b"MZFS :j7 --X-M ding P, gh completeo ;�66011 big RF'S'A- 01 A Of OF fl - L�oa�.bj, GIANER t Ition—purmiant—to PufsHHM t, Awj EMSWU H" 1056� d8fHO& eF '1W ISkq rafagnph S 11 *3 sh 11 aefit 7, n pFam"mems 18 1�. effeet *0 I MI 1611-- 1-0 R—_ 8 u Worm o lou� dife6WFS; KUP18yeeS OF14 gBiRtS Of fiFi� Of LhM- Receipt and. application of Imiattiance Joi-oceet& 5.12. Arty insured -loss under the policies of insurance required try' phs56 arid 5.7 will be* adjusted with to OWMM as fiduciary for the irisurtds as their interests may, appear, subject t6 Lhi. NcIyiriianems. of any ripplksbk, mortgage clauk and of pfirigrEjihKls. shalli deposit in a separate account any ancriey w received and shall distribute it in accordance With such agreement as the parties in interest m ay r , eacti If -no ether special agreement is reached the damagod Work shall be re paired or rcola6cd, the moneys so recciied'applied on autxXin t thercof tind the Work and the onst,thercof covered by an appropriate Change Order or Written Amendotent. 5.0. OWNER as fiduciary shall have power to adjust and settle, any less with the• insurers unless one of the parties in intercstsha.11 object in writing within fiftem days after the o6airrence of.losi to OWNER's exercise of this power, If such objection he made, OWNER as fiduciary shall make settlement with the insurers in accordance with such sareem6t ssthe narties in intaiv ffi.w.rcack. 'if no OWNLKas the. insurers Acceptance oflbnds and fnmce; Qppo�n to Replace: Partial Udfizaitci.n—propertylnsiirance.- 515. LfO%1rNERfoals itnecessary tooccupy oruse a portion of portions of the Wo* prior to Substantial (iggKi E(iticni wl a rY OFT01tr COLLiMMODIFICATIONS (RHV 1/2000) Complcti6n of all the Worth such use or occupancy may he accomplished in accordsnce_ with parag raph graph 1.4.10,. Oruyided that no such use or occupanLy,shall commence Wore theineiurers-providina the prbperry insurance have aCUDwIedg'ed notice thereof - -arxi in writing effecied any ra 'e6veage'nece-ssitlited thereby_ The irsdrersZI ;he property. msumnce- shall consent by endorsement on the ,policy or policks, but -the property :insurance shall nut .be -cancelled or permitted to lapseon account of any such partial use occupancy; AW1CLE.6—CONTPUCTOR'S RESPOINSIBIUTIES' 'Apenision andSkovinfenderice., AL CONTRACrOR shall supervise, itisped and direct the, Work competently and efficiently, devoting such attention t ' herab iind'aIiplying such skills and expertise as,maybe ncto perform the Work in .accordance with e Contract Documents. CONURAC . TORshall.hesolely responske for the means, methods. tqchni4Ws, scqueiiaw and procedures 'ot', construafton,,but CONTRAtrrbkshall not M responsible for the negligence orothers in the design ar.specification of 4 specific oicam. methodtochni que. sequence cc proecdure which is shown or indicated in amid expressly rem uired by the Contract Docurrients, COMMACTOR shall be responsible tosee that the completed Work compl1i3 accurately with the, Contract Docurricints. 6.2. CONTRACTOR shall keep on the Work at all times i . during its pogress a So mpetm tesident supaintendent, wlio shall noI replaced without written notice- 16 'OWNER arid' M4GDJEM except anda extritordinary, chumstrinccsf The superintendent will be CONITRACTOR's repirewntative at the site and -shall hAie authority to act an bxhalf of CONTRAZT01L AM communications to the: superintendent shall be as binding M if given to C.ONTM(70F?_ Laboi, Hatenals and Equipment 63. CONTRACTOR slud], provide competent, suitably qiIisfified personnel to survey, lay -out Arid construct the Workas 'i . requred by the ContrUt DoEitments. CONTRACTOR shall M. all times maintain KP.W - di . _Ime and order at,Lhe site. Except as otherwise resumed or , the, sallky ar protection of perso-ris or the Work. or property at the- site or adjacent thereto, and except asothervise indicated in the Continict 1)66umenti. all Work at the :site shall be perfumed during regular working _tumors and CONTRACTORwillnot permit overtime work- or the performance of Work on. Saturday,. Sunday at any legal holiday without OWNERs 'written consent given- after prior written notice to PqG MER- CONTRACTOR shall submit requests to the E\TGDHMP no less than. 48 hours in advance of arty Work to be performed an Saturday; Sunday, Hblidays,cir outside the Regular Working Hours. L 11 0 FJ 6.43 Unless otherwise . speeibed in the Genemb contains or is followed by words reading that no like, Requirements. CONTRACTOR shall'Curnish and .nssume equivalent or "or -'equal' :item or no suhstitutitm is. Cull rcsportability for all materials equipment laboir, Permitted.,other items of material w equpment or trarisportsfuon prttrrction equipment and machinery, material ie equipment of filer Suppliers_ :may be tools appliances" L power, light heat: telephone;. wtil[er: accepted by ENGINEER miller 'the following atnitary tacilities, temporary tacilitiee and ,ell other facilities and incidentals necessary Cur ilia ftanishiryy circumstances: perfomtance,.testing, start -upend compleiion bf the Work: 6:7:1.I, 'Vr-Er sal". if in ,ENGINEER's sole diicretion an item of material ur equipment 6AA, Purchusas Restrictions CONTRACTOR proposed by CONTRACTOR. is functionally must comply with the Cit's purchasinp restrictions: A equal to that named and sufficiently similar so that copy of the resolutions are avirilable for review in the rro charge M relatal Nork tvih be rcquued, it may offices of- the PLLfCI1ASUlE and Risk Milrlrlaerciat he considered by ENGb�fEfiR'�ns An "or-egrial" Division or theCity Clerles office.. .item, in which case review and appro'va4 of the proposed item may.. in ENCrINR'a sale 6.42 Cement Restrictions: filly of Fort Collins discretion, be necompfished without compliance 'Rcsolulion91-121'reuuires that suoaliers stet oroducxrs with some or .all or the requirements. for, of cemrnt or pro caucus containing cement to ccru'N that acceptance nfprt paced substitute items. the cement was not mado in carient kilns That bun 6.7,1?. Sirbstimtr (terns: If in &NGIN Elt'ssole: hanardicanwaste asafuel. discretion an item of material or equipment prop bed by C_ ONTRACTOR does not qualify'its 6:5. All materials and equipment shall be of good. an "or -equal" item under subparagraph 6:7.1.1,,n quality and new, except. as otherwise -provided in the will be considered a proposed substitute item: Contract Docuritents. Alf warn hies. andd gguuaarantees. CONTR.�CI'OR shall submit sotTicient specifically called'tnr by the Specificitians shall.ectrressty information as provided helow' to all .awl runlothe h7etitofOWNER. Tfrequircdtly NGTNF.ER, ENGTKFERtddeterininethat the:item of material CONTRACTOR -shall furnish satisfactory evidence or equipment prfiposcd mcssentiaily equivalent to (including'reports of required tests) as to thin kind and tlatrtamod and an acceptablc:substitute thereror, qualigi of materials. ardl ecjuipirent. M materials and The procedure for review by the ENGUtFR will ogwpmcni shall he applied.' installed connected, erected, '.m include the 'following, as 'supplemented in the used, cleaned and candthoned accordance with General Requ rernems and as LNGINEHR may irtaavcti6rts,oftheappli6ble Supplier, except as otherwise decide Ls appropriate under the circumstances provided inthcCcmtmctDocuments. Requests tor.review of proposed'substitute items of material or equipment will not be accepted by Progresy,"ediele: FNG[NF,F.R from anyone other than CONTRACTOR If CONTRi\C7'OR wishtis to 6.6i CONTRACI.OR shall adhere to the. irogress furnish or use a substitute item of mat " 4. schedule established in accordance with paragraph 2.9 as it. equipment, : CONTRACTOR shall firstmake may be'adjusted(tom,dine t9imeMprovided below: whiterinpplitaticittoENGINEER for acceptance thereof, ceittfying that the proposed substitute will 6.6.L CONTRACTOR shall submit to ENGINU-R perfivm'adequately the functions and achieve the 'for acceptance (to. the extent indicated in results called for by the general design, be similar paragraph 2.9) proposed adjttunterits in •the progress in substance to that specked.and be suited to the ,schedule that will not charge dic Contract Times (or same use as that sliecirted The application' will Milestones). Such adjustments will confirm generally state the extent if any, to which the evaluation tbi the progress schedule then in effect and.addttignally and acceptanee of the proposed :substitute will will' comply with any, provisions. of the Oirietal' prejudice 'CONTRr\CTOR's achievement of Requvemems applicable thereto, Substantial' Completion on time; .whether or, not acceptancc of the substitute for use in the Work 6:6.2. Proposed adjustments in,the progress schedule. will rerryire a charge in any of the Contract thin:wdl change the 'Contrait Tinies•(or Milestones) Documents. (or in the provisions of any othls shall be SUbmilted inut;cwdanee with the requirements' direct uonQHct with OWNER feu work on the of paragraph 121. Such adjusunents.may only be Project) to adapt the design to theproposed matte by a Change Order cr Written Amendment in substitute and whether or not incorporation ur'use accordance with Article 12. of the substituti in connection with the Work is subject to payment of any license fee or. royalty. Substitutes and "Or-Egurd" Lrems: At variations of the proposed substitute from that specified will be identified in the application and 6.7.1.. Whenever an steer oC'matti`ial or equiprocnt is available maimeiumn e, repair and replacement specified or described in the Coritrace 136 uments by, servi6c will be i idicaW The. Application will' using the name -of a proprietaarry}' hero or the name of a, also contain an itemized estimate of all costs or particular Supplier, the-spcciftcation on description is credits that will restilt.d'rrectly a indirectly from intended to establish the type, function .and.quality acceptance of such substitute, including costs of required Unless the spec fication or description redesign and claims of other contractors affected ErC'DCUENF]i.1t. CONtHI O NS IY10-8.il y9V E<liam), 12. w/CITY OI+FORT COLUM MCAMICATIONS IREV42e00)'