HomeMy WebLinkAboutBID - 7256 HOT APPLIED CHIPSEAL OVERLAYCity of
F6rt
�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. 2n' Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
lcgov.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
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.
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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.
4.3. 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.
;; WCDCOENULXL CONDMOM 1110-3 Q990 Eiiiiml.
wi pTy OH TORT CO W NS M W1M7CA'tIONS IRLV 4!?00M
(1'hSpageIckfbri-,t.-- anally:)
tacocusNtx w,QoNui nobuyias Urns Oliau, 35
WI Q7Y Of FOR LCOLLINJ MODIFICATIONS (RB' J2000)
EKDC('FNMALcorn)ONSahE-S(Ey99Edlem)
36 W,arrovizolicOLLINs-mODIPjCA7IONS I,2LV,1n0001
EXHiBiT GC -A to -General Conditions
of then Construction Contract 'Between
OWNER and CONTRACTOR
DISPUTE RESOLUTION AGREEMENT'
OWNER and CONTIL\CTOR hereby agree that
Article 16 of the Gerieral•Ciatlitions of the Caisiruction
Cormier herween OWNER and CONTRACTOR, is
amended to include (he following agreement of the parties:.
16.1. All claims, disputes and other matters in
question between OWNER and CONI'RACfOR art 116,
out of or relating to the c6niract Documents or the breach
thereof (except for claims which have been waived by die
retaking or acceptance of final .payment is provided by
paragraph. 14.15) will be decided by arbitration in
accordance with. the Consinnxirm Irdus6y Arbitration
Rules of the American Arbitration Association 'then
obtain'r% subject to the limitationiILof the Article, l6. This
agreement so to- arbitrate and any other agreaanent or
consent to at emered into in accordance,herewitFi ds.
I mi,ided in this Article:16 will. bc,specifimlly enforreablo
under the prevailing law. of any coup having jurisdiciiom.
I6.2. No demand for arbitration of any claimi dispute
or other matter that ;is required to be referred to
E?4GD&-R initinlly for decision in. Accordance with
p,amgraph'9:11 will he made until the earlier or(a) the date
on which hNGiNEER has tendered a. written decision or
(h) die thirty-first day after the partied Have presented their
evidence to'ENG IEER if a written decision has not been
rendered by ENOINFER' before that chic. No demand for
arbitration of any such claim,.dispuw or other matter will
be made later thin thirty days after the dnte,on which
ENGINEER has rendered a Nwitteii derision in respect
thereof in Accordance with pamprapn9.11; rind the failure
to demand arbitration within said thirty days period will,
result in ENGINEER's decision being final, and banding
upon OWNM and CONTRACTM If ENGINEER
realers a decision after. Arbitration proceedings have been
initiate, -such decision may beemared is evidence.but will!
not supersede the arbitration proceedings, except where the
decision. is acceptable to the p irties concerned, No demand
for arbitration of any written decision of ENGINEER
rccdcred in accordanoc with paragraph 9.10 will be made
later than ten days after the pany making such demand has
delivered written notice of intention to appeal as provided
in paragraph 9: 10" .
16.3. Notice of the demand for Arbitration will he
filed in writing with the other party to the Asecrncm and
,Aith the A,mci tam Arbitration:Lvsi iation and a copy will
be sent to ENGINEER for information. The demand for
arbitration will be made within the thirtydayor teirday
peripd specified in paragraph 16.2 as applicable; and iin.all
other cases within a reasonsrble time after the claim, dispute
or other matter in question has arisen,and' in no event shall'
any such demand be made After the date when institution of
lgpl!or equitable proceedi* based on such claim, rhspthe
or other matter in question would be Marred by the
Applicable statute oflimitatiuns:
bCDC GENERAL COM)MOM 191 M 11990 Etftitnl
wi C7TY OF FORT COLLItiS \fODIFICXrIO\S trtFV 9199I
16,4, Except as provided in paragraph 16.5 below;
no Arhitmtion arismi g out of cx relating to the Contract
Documents shall iiiclude by c nwhdalicn, Joinder orin any,
other manner any other person or entity (including
ENGINEER`. ENGINEER's Consultant and the officers,.
.directors, agents, ernployees.or eoiiUltnnts.of sing of them)
who is not a party to this coniractuidess:
16A'.I: the inclusion of sueh other•"person or entity is
necessaryd complete relief is to be afTorded among.
thiise who: Are already parties t6 the..arbitrad'o_ri. And
16.4?. such other person or entity is substantially
involved in a question of law or fact which is common
to those who are alreitdy, parties to the arhitrntion rind
.Which will Arise in such proccedings,:and
16.4.3. the written consent of the other person or
entity Sought to be included and of OWNER And
COMI'RACI'UR has been obtained for such inclusion;r
which consent shall make specific reference to this
pnnigraph'. hutni. such consent shall constitute consent
to arbitration of any dispute not specifically described
in such consent pr •to arbitration with any party, not
specifically identified in such consent.
16.5; Notwithstanding paragraph 16A. If -a claim„
dispute or other matter in question between OWNER and
CONTRACTOR involves the Work of a Suboontmchir,
either OWNER or CONfRAUMR may join such
-Subcontractor As a party to the Arbitration lidween'OWNER.
And CONTRACTOR hereunder. CONTRACTOR shill.
include in all. subcontracts required by paragraph rill a
specific provision whereby the Subcontractor consents to
Tieing joined in an arbitration -between OWNER and
CONTRACTOR 'arvolv'ing 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 ia' cause of action in favor of
Subcontractor and against OWiNHR, ENGINEER Or
'EiNGIYEER's Com4iltants tMt das'nof othetwise deist
16.6. 'The award'rendered by the arbitrators will bc.
final, judgment may'heentered upon it in any court having
jurisdiction thereoC and it will not be subject to
modifrcduon gr Appeal.
16.7. OWNER ° and ,CONTRACTOR agree that they
shall first submit .any and all ninsetdcd claims
counterclaims disputes mid other matters in question
between them Arising- outof or relating to the Contract
Documents or the breach thereof ("disputes"). to mediation
by the American .Arbitration AssuciHiitin. under the
Constriction. Industry' Meliatim Rules of the American
Arbitration Ass6dation prior to either of them vitiating
against the other a demand for Arbitration pursuant to
paragraplib 16.1 through 16.6, finless delay in initiating
Arbitration would irrevocably prejudice one of the parties.
The respective thirty and ten day time Units ;within which
to file a demand for Arbitration As provided in paragraphs•
16,2 and 16.3 above shall be susperuleid with respect to A.
did NI
I submitted. to mediation within those same
applicable' time limits and shall remain suspended until ten
days After the termination of the mediation The mediator
of any dispute submitted to aned6ticm under this Agreement
shall'not serve as arbitrator of such dispute*urilessotherwise
awcdd.
OGAr
MAX GENERALCONDI110NS 191 M f 1990 E.Stiwi ti -Al
wi CITY QF FORCQLLINS N(ODIFV ATIONS'(REV91941
SECTION 00800
SUPPLEMENTARY CONDITIONS
SECTION 00800
SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement the General Conditions of the
Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of
Fort Collins modifications) and other provisions of the Contract Documents as indicated
below.
SC-5.4.8 Limits of Liability
A. Add the following language at the end of paragraph 5.4.8.
The limits of liability for the insurance required by the paragraph
numbers of the General Conditions listed below are as follows:
5.4.1 and 5.4.2
Coverage A - Statutory Limits
Coverage B - $100,000/$100,000/$500,000
5.4.3 and 5.4.5 Commercial General Liability policy will have
limits of $1,000,000 combined single limits (CSL). This policy
will include coverage for Explosion, Collapse, and
Underground coverage unless waived by the Owner.
5.4.6 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).
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950 Contract Change Order
00960 Application for Payment
SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE: 7256 Hot Applied Chipseal Overlay
CONTRACTOR:
PROJECT NUMBER:
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost:
4. Change in Contract Time:
ORIGINAL CONTRACT COST
$ .00
TOTAL APPROVED CHANGE ORDER
0.00
TOTAL PENDING CHANGE ORDER
0.00
TOTAL THIS CHANGE ORDER
0.00
TOTAL % OF THIS CHANGE ORDER
TOTAL C.O.% OF ORIGNINAL CONTRACT
ADJUSTED CONTRACT COST
$ 0.00
(Assuming all change orders approved)
ACCEPTED BY:
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:
DA
NUMBER
1
2
3
Section uu9bu
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
DATE
Net Change by Change Order
AMOUNT
$0.00
The present status of the account for this Contract is as
follows:
Original Contract Amount:
Net Change by Change Order:
Current contract Amount:
Total Completed and Stored to Date:
Less Previous Applications:
Amount Due this Application - Before Retainage:
Less Retainage:
AMOUNT DUE THIS APPLICATION:
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.
$0.00
$0.00
$0.00
5.0 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.
5.2. 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.
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
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$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
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$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
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
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$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
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. The cost for inspection shall be
$50.00 per hour.
1.2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES
A. Notify private owners of adjacent property, utilities, irrigation canal, and affected governmental agencies when
prosecution of the Work may affect them.
B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary
to temporarily deny access or services.
C. Contact utilities at least 48 hours prior excavating near underground utilities.
D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of
work schedule and any items which would affect their daily operation.
E. Darren Moritz/Kathleen Maddux will be the Project Manager/Project Engineer.
Darren Moritz 970-221-6218 Office 970-556-1495 Cell
Kathleen Maddox 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.
Project Specifications - Page 2 of 13
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
Latimer 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
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.
Project Specifications - Page 6 of 13
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
Project Specifications - Page 7 of 13
8.0 LIQUIDATED DAMAGES.
Provisions for liquidated damages are set forth in the Agreement.
9.0 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.
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 stand by time charges from the tester due to the Contractor's failure to pave,
pour, or fill on schedule for any reason except by action of the Project Manager/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
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
SECTION 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.
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 "Latimer County Urban Area
Street Standards." In the event of a conflict between the MUTCD criteria and the City's criteria, the City's
criteria shall govern.
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 I I of 13
SECTION 01700
CONTRACT CLOSEOUT
1.1 CLEANING AND RESTORATION
A. Return the premises and adjacent properties to conditions existing or better than existing at the time the work
was begun. This will include providing labor, equipment and materials for cleaning, repairing and replacing
facilities damaged or soiled during construction. The City Representative will be the judge of the degree of
restoration required.
END OF SECTION
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
SECTION 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
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 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/modirication,
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
NO
PARKING
Wed JU 1Y 2
7:00 AM m 60MOO PM
HOT
CHIPSEAL
OVERLAY
END OF SECTION
Project Specifications— Page 3 of 32
REVISION OF SECTION t05
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
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.
11.5. 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
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.
LIMITATION OF OPERATIONS
Subsection 108.05 shall include the following:
The work shall be completed within the following calendar months:
JUN
JUL
AUG
aiygi34g�rar
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
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
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 -opening Inlets
Curb -opening Inlets shall be filtered with a combination of concrete blocks, 1/2 — inch wire screen and coarse gravel
(3/4 — inch) constructed according to Figure D-25, or as Approved by the City Representative.
Maintenance
The Contractor shall continuously maintain all erosion and sediment control features so that they function properly
during site construction. See Detail SC-5 contained herein.
All inlet filters shall be inspected and repairs made after each runoff event. Sediments shall be removed when one
half the design depth has been filled. Removed sediments shall be 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
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
RESETSTRUCTURES
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
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 210.10 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".
Project Specifications — Page 9 of 32
REVISION OF SECTION 210
RESET STRUCTURES
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
210.01 Adjust Valve Box
Unit
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
Section 409 of the Standard Specifications is hereby revised as follows:
DESCRIPTION
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
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, dram
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 11 of32
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 22 t 2 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 C 131, 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 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
Project Specifications — Page 12 of 32
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 Gal/SY
0.08-0.12 Gal/SY
Aggregate
24-281bs./SY
22-26lbs/SY
20-241bs/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
1 0-3
0-3
No. 200
0-1.5
1 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 l 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.
Project Specifications— Page 13 of 32
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
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.
14.0 MODIFICATION AND WITHDRAWAL OF BIDS.
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.
15.0 OPENINGS OF BIDS.
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
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
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
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
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
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 shall 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.
Project Specifications— Page 15 of 32
REVISION OF SECTION 409
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)
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
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
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
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.
Subsection 409.07 shall include the following:
Material Application
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
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
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
REVISION OF SECTION 409
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 %) 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-213 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
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
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.
Project Specifications— Page 18 of 32
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.
Project Specifications — Page 19 of 32
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, down
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
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.
Project Specifications — Page 20 of 32.
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.
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.
Overlay 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:
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
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%
20% or Rejection
10% +
To Be Determined by the Project
Manager
Project Specifications — Page 23 of 32
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
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.
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
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:
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:
C. 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.
Project 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
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
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 1, Type II, and Type III barricades;
cones; drum channelizing devices; advance warning flashing or sequencing arrow panel. Certain traffic
control devices may be used for more than one operation or phase. However, all devices required for any
particular phase must be detailed and tabulated for each phase.
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 ofthe 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
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 a Traffic Control
Supervisor.
The Traffic Control Supervisor shall have up to date copies of the City of Fort Collins' Work Area Traffic Control
Handbook, and Part VI of the MUTCD, pertaining to traffic 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/II 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.
Sand 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
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. TO 6:00
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 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,
Screw Type
Adjustable Riser,
Including Parts
Adjust
Valve Box
with Ring
Adjust
Manhole
with
Locking
R ng
Hot Applied
Chipseal
Overlay
Units
LF
LF
EA
EA
EA
EA
EA
SV
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
2.00
N LEMAY AVE NORTH SIDE OF POUDRE BRIDGE
VINE DR
4.00
7.00
32,937.93
1.00
4.00
11.00
2.00
Area Sub Total
2.00
1.00
4.00
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
N TIMBERLINE RD IMULBERRY ST
MOUNTAIN VISTA DR
2.00
0.00
0.00
8.00
1.00
6.00
6.00
55,769.23
Area Sub Total
. 2.00
0.00
0.00
8.00
1.00
6.00
1 6.00
55,769.23
MOUNTAIN VISTA DR N TIMBERLINE RD
1-25
0.00
1.00
0.00
4.00
0.00
2.00
6.00
34,701.77
Area Sub Total
0.00
1.00
0.00
4.00
0.00
2.00
6.00
34,701.77
LINCON AVE
12TH ST
N 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
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.
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
SECTION 03000
DETAILS
Rock Sock (RS)
Straw Bale Filter
SC-5
D23
Gravel Filter D24, D25
Rock Sock (RS) SC-5
Description
A rock sock is constructed of gravel
that has been wrapped by wire mesh or
a geotextile to form an elongated
cylindrical filter. Rock socks are
typically used either as a perimeter
control or as part of inlet protection.
When placed at angles in the curb line,
rock socks are typically referred to as
curb socks. Rock socks are intended to
trap sediment from stormwater runoff
that flows onto roadways as a result of
construction activities.
Appropriate Uses
Rock socks can be used at the perimeter
of a disturbed area to control localized
Photograph RS-1. Rock socks placed at regular intervals in a curb
line can help reduce sediment loading to storm sewer inlets. Rock
socks can also be used as perimeter controls.
sediment loading. A benefit of rock
socks as opposed to other perimeter controls is that they do not have to be trenched or staked into the
ground; therefore, they are often used on roadway construction projects where paved surfaces are present.
Use rock socks in inlet protection applications when the construction of a roadway is substantially
complete and the roadway has been directly connected to a receiving storm system.
Design and Installation
When rock socks are used as perimeter controls, the maximum recommended tributary drainage area per
100 lineal feet of rock socks is approximately 0.25 acres with disturbed slope length of up to 150 feet and
a tributary slope gradient no steeper than 3:1. A rock sock design detail and notes are provided in Detail
RS-1. Also see the Inlet Protection Fact Sheet for design and installation guidance when rock socks are
used for inlet protection and in the curb line.
When placed in the gutter adjacent to a curb, rock socks should protrude no more than two feet from the
curb in order for traffic to pass safely. If located in a high traffic area, place construction markers to alert
drivers and street maintenance workers of their presence.
Maintenance and Removal
Rock socks are susceptible to displacement and breaking due to vehicle traffic. Inspect rock socks for
damage and repair or replace as necessary. Remove sediment by sweeping or vacuuming as needed to
maintain the functionality of the BMP, typically when sediment
has accumulated behind the rock sock to one-half of the sock's
height.
Once upstream stabilization is complete, rock socks and
accumulated sediment should be removed and properly disposed.
Rock Sock
Functions
Erosion Control No
Sediment Control Yes
Site/Material Management No
November 2010 Urban Drainage and Flood Control District RS-1
Urban Storm Drainage Criteria Manual Volume 3
November 2010 Urban Drainage and Flood Control District RS-1
Urban Storm Drainage Criteria Manual Volume 3
SC-5 Rock Sock (RS)
RS
1N1" (MINUS) CRUSHED ROCK
ENCLOSED IN WIRE MESH IY2" (MINUS) CRUSHED ROCK
ENCLOSED IN WIRE MESH
WIRE TIE ENDS
THARD
4" TO 6" MAX AT
0" ON BEDROCK OR GROUND SURFACE CURBS, OTHERWISE
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 112" (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.
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
tJ4"
90 - 100
1 "
20 - 55
3/4
0 - 15
%.
0-5
MATCHES SPECIFICATIONS FOR NO. 4
COARSE AGGREGATE FOR CONCRETE
PER AASHTO M43. ALL ROCK SHALL BE
FRACTURED FACE, ALL SIDES.
2. CRUSHED ROCK SHALL BE 9X" (MINUS) IN SIZE WITH A FRACTURED FACE (ALL SIDES)
AND SHALL COMPLY WITH GRADATION SHOWN ON THIS SHEET (Ih" MINUS).
3. WIRE MESH SHALL BE FABRICATED OF 10 GAGE POULTRY MESH, OR EQUIVALENT, WITH A
MAXIMUM OPENING OF 12", RECOMMENDED MINIMUM ROLL WIDTH OF 48"
4. WIRE MESH SHALL BE SECURED USING "HOG RINGS" OR WIRE TIES AT 6" CENTERS
ALONG ALL JOINTS AND AT 2" CENTERS ON ENDS OF SOCKS.
5. SOME MUNICIPALITIES MAY ALLOW THE USE OF FILTER FABRIC AS AN ALTERNATIVE TO WIRE
MESH FOR THE ROCK ENCLOSURE.
RS-1. ROCK SOCK PERIMETER CONTROL
RS-2 Urban Drainage and Flood Control District November 2010
Urban Storm Drainage Criteria Manual Volume 3
Rock Sock (RS) SC-5
ROCK SOCK MAINTENANCE NOTES
1. INSPECT BMPs EACH WORKDAY, AND MAINTAIN THEM IN EFFECTIVE OPERATING CONDITION.
MAINTENANCE OF BMPs SHOULD BE PROACTIVE, NOT REACTIVE. INSPECT BMPs AS SOON AS
POSSIBLE (AND ALWAYS WITHIN 24 HOURS) FOLLOWING A STORM THAT CAUSES SURFACE
EROSION, AND PERFORM NECESSARY MAINTENANCE.
2. FREQUENT OBSERVATIONS AND MAINTENANCE ARE NECESSARY TO MAINTAIN BMPs IN
EFFECTIVE OPERATING CONDITION. INSPECTIONS AND CORRECTIVE MEASURES SHOULD BE
DOCUMENTED THOROUGHLY,
3. WHERE BMPs HAVE FAILED, REPAIR OR REPLACEMENT SHOULD BE INITIATED UPON
DISCOVERY OF THE FAILURE.
4. ROCK SOCKS SHALL BE REPLACED IF THEY BECOME HEAVILY SOILED, OR DAMAGED
BEYOND REPAIR.
5. SEDIMENT ACCUMULATED UPSTREAM OF ROCK SOCKS SHALL BE REMOVED AS NEEDED TO
MAINTAIN FUNCTIONALITY OF THE BMP, TYPICALLY WHEN DEPTH OF ACCUMULATED SEDIMENTS
IS APPROXIMATELY )j 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 AVNUBLE IN AUTOCAO)
NOTE, MANY JURISDICTIONS HAVE BMP DETAILS THAT VARY FROM UOFCO STANDARD DETAILS.
CONSULT WITH LOCAL JURISDICTIONS AS TO WHICH DETAIL SHOULD BE USED WHEN
DIFFERENCES ARE NOTED.
NOTE, THE DETAILS INCLUDED WITH THIS FACT SHEET SHOW COMMONLY USED, CONVENTIONAL
METHODS OF ROCK SOCK INSTALLATION IN THE DENVER METROPOLITAN AREA. THERE ARE
MANY OTHER SIMILAR PROPRIETARY PRODUCTS ON THE MARKET. UOFCD NEITHER NOORSES
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 MANUFACTURERS DETAILS.
November 2010 Urban Drainage and Flood Control District RS-3
Urban Storm Drainage Criteria Manual Volume 3
Area In(e�
with Grate % .
M
15taked
with 2 Stakes Per Bale
a a
a
v
a a
a
a
O
a
0
a
a
a
a a
a a a 0
n
PLAN VIEW
Stake rTwinz
Runoff
Compacted Soil
b� V ,•
Filtered WaEar
SEGTiom A -A '
General Notes:
1. Wedge loose straw between the staked
bales. AREA INLET FILTER
2. Inspect and repair filters after each STRAW BALES
storm event. Remove sediment when
one half of the filter depth has been CITY OF;FORT COLLINS, COLORADO
filled. Removed sediment shall be STORMWATER UTILITY
deposited in an area tributary to a
sediment basin or other filtering measure, APPROVED DATE.
3. Sediment shall be removed immediately
REVISIONS: D.2 3
from traveled way of roads.
FIGLTZ 6.2
Wire Screen —�
CApp,rox %i die=r) AY
n
-C revai Enter
Area Inl ' ec-7
LL
PLAN VIEW
Concrete 310ck
Grave! Filter
Overflow r Conce�afz Block
1� r—WireScreen
Runoff IC�'OIG Gravel Filter
VU�i��an� a ll�l� Itl
N4$n I I��9ir
Filtered Water--.!
SECTION A -A
General Notes:
1. Inspect and repair filters after each storm
event. Remove sediment when one half of
the filter depth has been filled. Removed
sediment shall be deposited in an area
tributary to a sediment basin or other
filtering measures.
2. Sediment and gravel shall be immediately
removed from traveled way of roads.
FIGURE 6.3
AREA INLET FILTER
GRAVEL
CITY OF FORT COLLINS, COLORADO
STORMWATER UTILITY
A=PPOVED BY:
DATE:
nEVISIONS;
D-2c
0
I
Gravel Fiji
(APPro)e.31
t7idrtlei Zr i (Appro)Oi Mesh;
PLAN VIEW
Cyer Flow Filferep�d WAe.'
Runorrr .
Wire�re2n—J i��,+ i'A' I Ti
Z"x4"'Wood S;uC� I ��,rb inlet
S' l [Out A -A
e
General Notes: 1 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 COLLINS, COLORADO
posited in an area tributary to a sedi- STORMWATER UTILITY
ment basin or other filtering measure. APPROVED BY:
2. Sediment and gravel shall be immediately Da?E:
removed from traveled way of roads. REVISIONS: D-25
FIGURE 6.4
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
3rd St to N Lemay Ave
Lincoln Ave
12'h 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
Fort Collins 20 I I Street Maintenance Program (SMP) wE
5u�,Hot Applied Chip Overlay .�
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
SECTION 00300
BID FORM
-
For
New Construction Activities for
More Information
Name i
Municipalities
Address
City, State
Description
Phone
This fact sheet covers new construction activities disturbing less
e-mail
than one acre not subject to a CDPS Construction permit. New
Possible Pollutants
construction includes, but is not limited to buildings, structures,
capital improvements, roadways, and recreational components
Sediment i
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
permit applies to construction sites disturbing one
Maintenance
acre or more, or less than one acre but part of a larger
Spill Prevention and Response
common plan of development.
Street, Curb, and Gutter
Replacement and
A larger common plan of development is defined as
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
Cihj of Centennial SOP: New Constriction SOP, August 2007.
Mesa Counhj, Municipal Operations and Maintenance Program, July 2005.
Page 2 of 2
For More Information
Name j
Address
City, State j
Phone
Street, Curb, and Gutter
Replacement and
Construction
Description
e-mail Procedures involving the replacement and
Possible Pollutants construction of streets, curbs, and gutters have the
Fine-grained sediment potential to impact stormwater quality. Materials
Organics involved in these activities should be used efficiently
Oil and disposed of properly.
Saw -cut slurry
When services are contracted, this written procedure
Trash
should be provided to the contractor so they have the
Good Housekeeping
proper operational procedures. In addition, the
Dumpster/Waste Management
contract should specify that the contractor is
responsible for abiding by all applicable municipal,
Employee/Contractor Training
state, and federal codes, laws, and regulations.
Proper cleanup and disposal
procedures
Procedures
Dry cleaning methods
General
Related Procedures
Obtain all applicable federal, state, and local
Spill Prevention and Response
permits for construction projects.
Street Sweeping
The Colorado Stormwater Construction
Street Sweeper Cleaning and
General permit applies to construction sites
Waste
disturbing one acre or more, or less than one
Street, Curb and Gutter
acre but part of a larger common plan of
Maintenance
development.
• A larger common plan of development is
defined as a contiguous area where multiple
separate and distinct construction activities
may be taking place at different times on
different schedules under one plan.
• A dewatering permit may be required if
construction activities require the removal
and discharge of groundwater offsite.
■ A U.S. Army Corp of Engineers (USACE)
Section 404 Permit may be needed if the work
will be conducted in or impact waters of the
United States, including wetlands, washes,
drainages, ditches, creeks, streams, and rivers.
• 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.
• Whenever possible, recycle concrete rubble; otherwise, dispose of it as solid waste.
Asphalt Work
• Control the placement of road base or asphalt used in embankments or shoulder
backing; do not allow these materials to fall into any storm drain or watercourses.
• Whenever possible, recycle asphalt. If recycling is not possible, dispose of as solid
waste.
Painting and Striping
If possible, schedule painting and striping projects during dry weather.
• Use thermoplastic or epoxy markings in place of paint whenever feasible.
Use care to prevent splashing or spilling of any liquid material. Follow the Spill
Prevention and Response procedure should a spill occur.
Employee Training
• Train applicable employees who perform street, curb, and gutter construction on this
written procedure. Information regarding how to avoid and report spills will be
presented during the training.
• Periodically conduct refresher training on the SOP for applicable employees who
perform street, curb, and gutter construction.
Records
The following records could be used to document activities performed:
• Records of employee training with sign -in sheet.
References
City of Centennial, Department of Public Works: Asphalt and Concrete Program, No Date.
City of Centennial, Department of Public Works: Asphalt Program, No Date.
PACE, Stormwater Best Management Practices: Street Maintenance, No Date.
Optional Additional Resources
Concrete truck washout BMP specifications.
Gravel road maintenance procedures.
For More Information
Street, Curb, and Gutter
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
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.
Bridge Maintenance
• Do not transfer or load any materials directly over waterways.
• Secure lids and caps on all containers when on bridges.
Suspend drop cloths or nets below any bridgework where wastes, scraps, or drips
might be spilled into a waterway.
Concrete Maintenance
• Minimize the drift of chemical cure on windy days by using the curing compound
sparingly and applying it close to the concrete surface.
• Ensure there is a concrete truck washout area available or require the contractor to
wash out at the batch plant.
• Whenever possible, recycle concrete rubble; otherwise, dispose of it as solid waste.
Asphalt Maintenance
• Sweep to minimize sand and gravel from new asphalt from getting into storm
drains, streets, and creeks.
Do not allow asphaltic concrete grindings, pieces, or chunks used in embankments
or shoulder backing to enter any storm drain or watercourses. Apply temporary
perimeter controls. Install silt fence until the structure is stabilized or permanent
controls are in place.
• Whenever possible, recycle broken asphalt. If impossible, dispose of as solid waste.
Drainage inlet structures shall be covered with inlet protection during application of
seal coat, tack coat, slurry seal, and/or fog seal.
Painting and Striping
• If possible, schedule painting and striping projects during dry weather.
Use thermoplastic or epoxy markings in place of paint whenever feasible.
The pre -heater for thermoplastic striping and the melting tanks used during
pavement marking must be filled carefully to prevent splashing or spilling of
materials. Leave 6 inches at the top of pre -heater and the melting tanks to allow
room for material to move and splash when vehicles are deadheaded.
Employee Training
• Train applicable employees who perform street, curb, and gutter maintenance on this
written procedure. Information regarding how to avoid and report spills will be
presented during the training.
• Periodically conduct refresher training on the SOP for applicable employees who
perform street, curb, and gutter maintenance.
Records
The following records could be used to document activities performed:
• Records of employee training with sign -in sheet.
References
City of Centennial, Department of Public Works: Asphalt and Concrete Program, No Date.
City of Centennial, Department of Public Works: Asphalt Program, No Date.
PACE, Stormwater Best Management Practices: Street Maintenance, No Date.
Optional Additional Resources
Concrete truck washout BMP specifications.
Gravel road maintenance procedures.
For
Spill Prevention and
More Information
Name
Response
Address
City, State
Description
Phone
Due to the type of work and the materials involved, many
e-mail
activities that occur either at a municipal facility or as part
Possible Pollutants i
of municipal operations have the potential for accidental
spills. Some municipal facilities operate under Spill
Chemicals I!
Prevention Control and Countermeasures (SPCC) plans
Toxics !
that include procedures for spill response. Proper spill
Oil
response planning and preparation enables employees and
Paint
contractors to effectively respond to problems and
Fuel
minimize the discharge of pollutants to the storm sewer
Good Housekeeping
system.
Waste Management
When services are contracted, this written procedure
should be provided to the contractor so they have the
Employee/Contractor Training
proper operational procedures. In addition, the contract
Proper cleanup and disposal
should specify that the contractor is responsible for
procedures
abiding by all applicable municipal, state, and federal
Related Procedures
codes, laws, and regulations.
Fertilizer, Pesticide, and
Herbicide Application
Procedures
Heavy Equipment and Vehicle
Spill Prevention
Maintenance
• Keep work areas neat and well organized.
Material Storage
Materials Management
• Maintain a Material Safety Data Sheet (MSDS) for
each hazardous chemical. Follow the Outdoor
Outdoor Vehicle Maintenance
Material Storage procedures.
Vehicle Fueling
Provide tight fitting lids for all containers.
Keep containers clearly labeled. Labels should
provide name and type of substance, stock number,
expiration date, health hazards, handling
suggestions, and first aid information.
Store containers, drums, and bags away from direct
traffic routes to prevent accidental spills.
Inspect storage containers regularly for signs of
leaking or deterioration.
Replace or repair leaking storage containers.
Use care to avoid spills when transferring materials
from one container to another.
Page 1 of 4
• 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.
SECTION 00300
BID FORM
PROJECT: 7256 Hot Applied Chipseal Overlay 2011
Place:
Date:
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
($ ) 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:
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.
through
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/wqcc/Resources/Guidance/spiliguidance.pdf
and http://www.cdl2he.state.co.us/hm/spillsandreleases.htm
Employee Training
Train applicable employees who perform spill prevention and response on this
written procedure. Information regarding how to avoid and report spills will be
presented during the training.
• Periodically conduct refresher training on the SOP for applicable employees who
perform spill prevention and response activities.
Records
The following records could be used to document activities performed:
• Records of any major spills and the action taken.
• Records of employee training with sign -in sheet.
References
Cihj of Centennial, Department of Public Works: Good Housekeeping, No Date.
Cihj of Centennial, Department of Public Works: Materials Management, No Date.
Cihj of Centennial, Department of Public Works: Spill Prevention and Control, No Date.
City of Golden, 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.
Page 3 of 4
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.
For More Information
Utility and Storm Sewer
Name
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
I
lines including open cut trenching or directional boring
Hydrocarbons
in landscaped areas or street right of way. Electrical and
Trash !
gas line maintenance ensures services are provided to
Good Housekeeping
businesses and households without interruption.
Waste Management
The sanitary sewer system is cleaned as part of routine
Employee/Contractor Training
maintenance and on an emergency basis. Without
proper maintenance, sanitary sewer back-ups and
Proper Cleanup and Disposal
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
tested as part of routine maintenance. Potable water
Parks and open Space
Maintenance
systems must be properly maintained to ensure delivery
Spill Prevention and Response
of water that meets State and Federal health standards.
Failures result in water main breaks that can cause
Street, Curb, and Gutter
property damage including erosion.
Replacement and
Construction
The storm sewer system is cleaned as part of routine
Utilities and Storm Sewer
maintenance and on an emergency basis in the event of
System Replacement and
flooding. Maintenance will remove pollutants and
Construction
ensure the system functions properly to avoid flooding.
Vehicle Fueling
Flooding, ponding, and uncontrolled sheet flow can
result in property damage and increased soil erosion.
When services are contracted, this written procedure
should be provided to the contractor so they have the
proper operational procedures. In addition, the contract
should specify that the contractor is responsible for
abiding by all applicable municipal, state, and federal
codes, laws, and regulations.
Page 1 of 4
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
• Contain overflows by using emergency generator, pump and/or a vac truck to
intercept flows. It may be necessary to construct additional containment.
Clean up spills by washing and vacuuming the affected areas. Lime may need to be
applied for disinfection of affected areas. Lime must be removed once disinfection is
complete.
Storm Sewer System Pipes, Catch Basins, Inlet and Outlet Structures, and Culverts
Clean storm sewer system by manual cleaning or jetting the pipes using a
jet/vacuum truck to remove the material.
Do not temporarily store collected storm system cleaning debris adjacent to any
surface water, storm drain inlet, or drainageway.
Storm sewer system maintenance wastes may be either non -hazardous or hazardous.
Solid non -hazardous waste may be disposed in a sanitary landfill or recycled.
Liquid non -hazardous waste must be evaporated before disposing of it into the
landfill or discharged to the sanitary sewer system with the approval of the local
wastewater treatment plant. Hazardous waste, as defined under Colorado
Hazardous Waste Regulations (6 CCR 1007-3), must be transported and disposed of
at a permitted disposal or treatment facility.
• Replace or maintain "no dumping' stencils or plaques as necessary.
Remove trash from trash racks and grated openings.
Detention and Retention Ponds
• Inspect the outlet works and remove trash or vegetation from the trash racks and
grates.
• Inspect side slopes of the pond for erosion and reestablish vegetation as needed.
• Remove and service fountains and aerator motors as recommended.
• Report any suspected water quality problems such as a change in growth or
appearance of vegetation.
• Report excessive sediment accumulation, standing water beyond the designed drain
down time or damage requiring additional maintenance.
Drainageways
Drainageways include drainage channels, ditches, grass swales, and washes.
• Inspect drainageways for erosion and repair if necessary.
Remove and properly dispose of trash and debris from the drainageways. Remove
sediment which could impede flow in drainageways.
Leave an unmown buffer when mowing adjacent to drainageways to filter
pollutants. Do not leave grass clippings in or next to the drainageway. Do not apply
landscape chemicals in the buffer area.
Page 3 of 4
Employee Training
Train applicable employees who perform utility and storm sewer system activities on
this written procedure. Information regarding how to avoid and report spills will be
presented during the training.
• Periodically conduct refresher training on the SOP for applicable employees who
perform utility and storm sewer system activities.
Records
The following records could be used to document activities performed:
• Records of employee training with sign -in sheet.
References
Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices:
Version 1.0, September 2008.
City of Centennial SOP: Detention Pond Maintenance SOP, August 2007.
City of Centennial SOP: Inlet, Pipe, and Vault Cleaning and Disposal SOP, August 2007.
City of Centennial SOP: Drainageway Maintenance SOP, August 2007.
City of Golden Stormwater Drainage Maintenance Plan, February 2008.
City of Greeley, Department of Public Works: Storm Water Drainage Program, January 2008.
City of Greeley, Department of Public Works: Ditch Program, No Date.
City of Lafayette Standard Operating Procedure: Ditch Cleaning, March 2009.
City of Lafayette Standard Operating Procedure: Cleaning Storm Drain System, March 2009.
City of Lafayette Standard Operating Procedure: Manhole Cleaning, March 2009.
City of Lafayette Standard Operating Procedure: Potable Line Flushing, March 2009.
City of Lafayette Standard Operating Procedure: Sanitary sewer Backup, March 2009.
City of Lafayette Standard Operating Procedure: Waterline Breaks, March 2009.
Mesa County, Municipal Operations and Maintenance Program, July 2005.
Partners for a Clean Environment, Storm Drain Maintenance, No date.
Optional Additional Resources
Municipal codes and ordinances that relate to utility or storm sewer system maintenance.
Inspection and maintenance frequency plan for the storm sewer system.
Specific instructions on how to operate applicable equipment.
Instructions on how to track the amount of debris collected.
Treated Water Discharge Plans for potable water maintenance.
Page 4 of 4
l Utility and Storm Sewer
For More Information
Name
System Replacement and
Address
Construction
City, State
i
Phone
e-mail
Description
l This procedure covers utility and storm sewer system
Possible Pollutants
i replacement and construction. Utilities include power,
Sediment
storm sewer, sanitary sewer, water conveyance systems.
Chemicals
! When services are contracted, this written procedure
Organics
should be provided to the contractor so they have the
Trash
proper operational procedures. In addition, the contract
Good Housekeeping
should specify that the contractor is responsible for
abiding by all applicable municipal, state, and federal
Waste Management
codes, laws, and regulations.
Employee/Contractor Training
Proper Cleanup and Disposal
Procedures
Procedures
General
Related Procedures
. Obtain all applicable federal, state, and local
Heavy Equipment and Vehicle
permits for construction projects.
Maintenance
Parks and Open Space
■ The Colorado Stormwater Construction
Maintenance
General permit applies to construction sites
Spill Prevention and Response
disturbing one acre or more, or less than one
acre but part of a larger common plan of
Street, Curb, and Gutter
development.
Replacement and
Construction
A larger common plan of development is
Utilities and Storm Sewer
defined as a contiguous area where multiple
System Replacement and
separate and distinct construction activities
Construction
may be taking place at different times on
Vehicle Fueling
different schedules under one plan.
■ A dewatering permit may be required if
construction activities require the removal
and discharge of groundwater offsite.
■ A U.S. Army Corp of Engineers (USACE)
Section 404 Permit may be needed if the work
will be conducted in or impact waters of the
United States, including wetlands, washes,
drainages, ditches, creeks, streams, and rivers.
Page 1 of 3
Applicable sediment and erosion controls may be installed, such as inlet protection,
silt fence, sediment traps, sediment control logs, check dams and vehicle tracking
control. Sediment and erosion controls will be installed and maintained in
accordance with approved design criteria and / or industry standards.
When saw cutting, ensure that no slurry enters the storm drain. Let the slurry dry,
sweep it up, and properly dispose of the sweepings or vacuum while saw cutting.
• Where feasible, grading activities will be scheduled during dry weather.
• Do not perform concrete or asphalt paving work during wet conditions whenever
possible.
• Monitor construction equipment for leaks and use drip pans as necessary.
• Leaking material containers should be properly discarded and replaced.
• Store materials in containers under cover when not in use and away from any storm
drain inlet.
• Wash out mixers, delivery trucks, or other equipment in the designated concrete
washout area only.
• Locate concrete washout, portable toilets, and material storage away from storm
drain inlets.
• Material stockpiles will not be stored in stormwater flow lines. Temporary
sediment control will be used during temporary, short-term placement while work
is actively occurring.
• Sweep or vacuum the roadway as needed, during construction and once
construction is complete.
• Best management practices will be periodically inspected and maintained as
necessary.
• Where practicable, non-structural controls will be used, such as phased construction,
dust control, good housekeeping practices, and spill prevention and response
procedures.
Emergency Repair and Replacement
Emergency Discharges are defined as situations in which it is not possible to implement all of
the available BMPs due to the uncontrolled nature of the discharge. The primary focus during
these events is to identify and mitigate the cause as soon as possible. Clean up of resulting
sediment or other pollutants will be performed as soon as practicable following the emergency.
Refer to the Spill Prevention and Response procedure for reporting requirements.
Page 2 of 3
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.
City of Lafayette Standard Operating Procedure: Manhole Cleaning, March 2009.
Cihf 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
City of Fort Collins
Regulatory and Government Affairs Division
City of
F6rt Collins
Verification
Originator
Revised
Approved
Issued
Initials
Date
LR
Oct.09.
ss
10/19/09
Environmental Standard Operating Procedure (ESOP)
ESOP —Power Washing (Pressure Washing) wastewater
Persons who will City staff who perform power washing, and their supervisor/manager.
use this ESOP:
A variety of City departments perform power washing. The employee
Area of who power washes, and his/her supervisor/manager, will use the
application: information in this SOP to guide their power washing, and supply
purchasing, activities.
Document I:\RGA Division\SOPs\ESOPs
location:
Revisions
Rev. Date Description
No.
001
002
Procedure Index
1.0 Purpose
2.0 Scope
3.0 Process
4.0 Training Requirements
5.0 References/Related Documents
6.0 Records
Revision date:
10/19/2009 Page 1 of 3
BID SCHEDULE (Base Bid)
ItetnNo.
Item Description,
Unit
Contract
Quantity.
Unit Cost.
Cost
208.01
Storrawater Pmtection `Rock Sark Wattle
LF
8.00
208.02
Stonnwater Protection -Recycled Rubber Wattle
LF
3.00
208.63
StormwaterPmteclion - Straw Bales
'EA
4'00
210.01
Adjust Valve Box
'EA
42.60
210.02
Adjust Valve Box' with Tyler 6860 Series, Item R 69; Screw Type
Adjustable Riser, Including Puts
EA
6M
210.03
Adjust Valve Box with Ring
EA
20.00
210.04
Adjust Manhole with Locking Ring.
EA
32.00
409.0.1
Hot Applied Chipseal Overlay
SY
209,654.06
Total Cost: Dollars and Cents
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.
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
City of Fort Collins
Regulatory and Government Affairs Division
F,City of
6rtCollins
J�
Verification Originator
Revised
Approved
Issued
Initials LR
Date 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.pdf
5.2 I:\RGA division\Illicit Discharge Program\Complaint Calls\pressure washinq\City
power washing guidance.pdf
6.0 Records
6.1 The following records could be used to document activities performed:
• Records of employee training with sign -in sheet.
• List of power washing activities and departments responsible for conducting
power washing.
Revision date:
10/19/2009 Page 3 of 3
For More Information jVehicle
Fueling
Name
!
Description
Address I
I
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 i
pollution.
' e-mail
When services are contracted, this written procedure should be
Possible Pollutants
provided to the contractor so they have the proper operational
Metals i
procedures. In addition, the contract should specify that the
Hydrocarbons ;
contractor is responsible for abiding by all applicable municipal,
Toxins I
state and federal codes, laws, and regulations.
Good Housekeeping
Procedures
,
Drip pans
General
Secondary containment
. Fuel vehicles at approved locations (municipal fueling
Automatic shutoff nozzles
station or offsite fueling station).
Signs
. Provide spill kits near the municipal fueling location.
Spill response plans
Spill cleanup materials
■ If fuel is stored in an above -ground tank, store fuel in
enclosed, covered tanks with secondary containment
Dry cleanup methods
(e.g., concrete barrier or double -walled tanks).
Employee training
Related Procedures
All fuel tanks will be inspected per State and Federal
regulations.
Heavy Equipment/Vehicle
Maintenance
. Periodically inspect municipal fueling locations for the
Outdoor Fleet Maintenance
following:
Spill Prevention and Response
For above -ground tanks, inspect tank foundations,
connections, coatings, tank walls, and piping
systems. Look for corrosion, leaks, cracks,
scratches, and other physical damage that may
weaken the tank.
■ Check for spills and fuel tank overfills due to
operator error.
Clean up any leaks or drips. Clean up is not completed
until the absorbent is swept up and disposed of
properly.
Report leaking vehicles to fleet maintenance.
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
Optional Additional Resources
Municipal codes and ordinances that relate to vehicle fueling.
Locations of approved offsite fueling stations.
Locations of nearby spill kits.
Spill Prevention Control and Countermeasures Plan.
Page 3 of 3
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
Outdoor Fleet Maintenance
Description
Although it is recommended that fleet maintenance
activities be conducted indoors or under cover, it is
sometimes necessary to perform fleet maintenance
outdoors (e.g., equipment is too large to fit inside the
maintenance building, temporary repairs need to be made
before the equipment can be moved to the maintenance
building, breakdowns, service calls).
Some potential pollutants typically associated with outdoor
fleet maintenance activities include oil, antifreeze, brake
fluid and cleaner, solvents, batteries, and fuels. Consult the
Spill Prevention and Response procedure and the Vehicle
Fueling procedure for additional information on those
topics.
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
Secondary containment
Proper disposal of used fluids
Spill cleanup materials
Dry cleanup methods
Employee training
Related Procedures
Heavy Equipment and Vehicle
Maintenance
Material Storage
Spill Prevention and Response
Vehicle Fueling
Procedures
Fleet Maintenance
• Fleet maintenance should be performed inside
whenever possible.
• If indoor maintenance is not possible, ensure
maintenance is performed in a location where
contact with stormwater is minimized, through
berming and appropriate routing of drainage.
Provide inlet protection (berms, weighted inlet
covers, etc.) for all adjacent inlets when work is
occurring in close proximity to a storm drain
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 Spill
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/ 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.
Page 3 of 4
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
For More Information
i Heavy Equipment and Vehicle
Name
Maintenance
Address
City, State
I
Description
Phone
Regular maintenance of municipal vehicles and equipment, or
e-mail
municipality -contracted vehicles and equipment prolongs the life
Possible Pollutants
of the municipality's assets and prevents the leaking of hazardous
fluids commonly associated with normal wear and tear of vehicles
Metals
and equipment.
Toxins
Potential pollutants generated at vehicle maintenance facilities
Solvents (degreasers, paint
thinners, etc.)
include oil, antifreeze, brake fluid and cleaner, solvents, batteries
and nd fuels.
Brake fluid and brake pad dust
When services are contracted, this written procedure should be
Battery acid
provided to the contractor so they have the proper operational
Motor oil
procedures. In addition, the contract should specify that the
contractor is responsible for abiding by all applicable municipal,
Fuel (gasoline, diesel, kerosene)
state, and federal codes, laws, and regulations.
Lubricating grease
Good Housekeeping
Procedures
Maintenance activities should be performed inside a maintenance
Drip pans
building unless the equipment is too large to fit inside or
Tarps
temporary repairs need to be made before the equipment can be
Covered outdoor storage areas
moved to the maintenance building. Consult the Outdoor Fleet
Secondary containment
Maintenance procedure when it is necessary to perform repairs
Proper disposal of used fluids
outside of the facility (breakdowns, service calls, etc.).
Spill cleanup materials
Vehicle Storage
Dry cleanup methods
. Monitor vehicles and equipment closely for leaks and
Employee training
use drip pans as needed until repairs can be
Related Procedures
performed.
Material Storage
• When drip pans are used, check frequently to avoid
Outdoor Fleet Maintenance
overtopping and properly dispose of fluids.
Spill Prevention and Response
• Drain fluids from leaking or wrecked vehicles and
Street Sweeper Cleaning and
from motor parts as soon as possible. Dispose of fluids
Waste
properly.
Vehicle Fueling
Vehicle Washing
Pagel of 4
F6rt City of
Collins
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. corn/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 BE ACKNOWLEDGED BY A WRITTEN
STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS
ADDENDUM HAS BEEN RECEIVED.
Addendum 1 - Page 1 of 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.
RESPECTFULLY SUBMITTED:
CONTRACTOR
BY:
Printed Date
Title
License Number (If Applicable)
(Seal - if Bid is by corporation) Attest:
Address
Telephone
Email
Vehicle Maintenance
Conduct routine inspections of heavy equipment and vehicles to proactively identify
potential maintenance needs.
• Perform routine preventive maintenance to ensure heavy equipment and vehicles are
operating optimally.
• Recycle or dispose of all wastes properly and promptly.
• Do not dump any liquids or other materials outside, especially near or in storm drains or
ditches. Sweep and pick up trash and debris as needed.
Body Repair and Painting
Whenever possible, conduct all body repair and painting work indoors.
Use dry cleanup methods such as vacuuming or sweeping to clean up all metal filings,
dust, and paint chips from grinding, shaving, and sanding, and dispose of the waste
properly. Debris from wet sanding can be allowed to dry overnight on the shop floor,
then swept or vacuumed. Never discharge these wastes to the storm or sanitary sewer
system.
• Minimize waste from paints and thinners by carefully calculating paint needs based on
surface area and using the proper sprayer cup size.
• Do not use water to control over -spray or dust in the paint booth unless this wastewater
is collected. This water should be treated and permission granted by the wastewater
treatment plant prior to discharge into the sanitary sewer system.
Do not dispose of spray gun cleaner waste in the storm drain.
• Use sanding tools equipped with vacuum capability (if available) to pick up debris and
dust.
Material Management
• Store maintenance materials and waste containers (e.g., used oil and antifreeze) in
labeled containers under cover or in secondary containment (e.g., double -walled tanks).
Chemicals should not be combined in containers.
• All hazardous wastes must be labeled and stored according to hazardous waste
regulations.
• Carefully transfer fluids from collection devices to designated storage areas as soon as
possible. Do not store the transferred fluids adjacent to the containers (for example, oil
drip pans with used oil in them should not be placed next to the used oil tank).
• Store new batteries securely to avoid breakage and acid spills.
• Store used batteries indoors or in secondary containment to contain potential leaks.
Recycle used batteries.
• Conduct periodic inspections of storage areas to detect possible leaks.
Page 2 of 4
Do not wash or hose down storage areas except where wash water will enter the sanitary
sewer as an approved discharge. Use dry clean-up methods whenever possible.
Keep lids on waste barrels and containers, and store them indoors or under cover to
reduce exposure to rain.
Periodically inspect and maintain all pretreatment equipment, including sumps,
separators, and grease traps to ensure proper functioning.
Parts Cleaning
Use designated areas for engine, parts, or radiator cleaning. Do not wash or rinse parts
outdoors. If parts cleaning equipment is not available, use drip pans or other
containment to capture parts cleaning fluids.
• Use steam cleaning or pressure washing of parts whenever possible instead of solvent
cleaning.
• When steam cleaning or pressure washing, only discharge wastewater to an oil/water
separator connected to the sanitary sewer.
• When using solvents to clean parts, rinse and drain parts over the designated solvent
tank so that fluids will not drip or spill onto the floor. Use drip boards or pans to catch
excess solutions and divert them back to the tank. Allow parts to dry over the hot tank.
Recycle cleaning solution when it becomes too dirty to use. Never discharge cleaning
waste to the sanitary sewer or storm sewer.
Vehicle and Equipment Washing
Vehicles should be washed in the municipality's vehicle and equipment wash
area/bay or taken to a commercial car wash.
Employee Training
• Train applicable employees who perform heavy equipment and vehicle maintenance on this
written procedure. Information regarding how to avoid and report spills will be presented
during the training.
• Periodically conduct refresher training on the SOP for applicable employees who perform
heavy equipment and vehicle maintenance.
Records
The following records could be used to document activities performed:
• Record of any major spills and the action taken.
• Records of employee training with sign -in sheet.
0 Heavy equipment and vehicle maintenance logs
References
Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version
1.0, September 2008.
City of Centennial SOP: Vehicle and Equipment Storage SOP, August 2007.
City of Centennial SOP: Vehicle Maintenance SOP, August 2007.
City of Centennial SOP: Vehicle Washing SOP, August 2007.
City of Golden. Fleet Maintenance Standard Operating Procedure, July 29, 2007.
City of Lafayette Standard Operating Procedure: Vehicle and Equipment Maintenance Repair, March 2009.
City of Lafayette Standard Operating Procedure: Vehicle and Equipment Washing, March 2009.
Mesa County, Municipal Operation and Maintenance Program, July 4, 2005.
Partners for a Clean Environment. Stormwater Protection: Vehicle Repair. Spring 2009.
USEPA Menu of BMP: Municipal Vehicle and Equipment Maintenance,
cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009.
USEPA Menu of BMP: Municipal Vehicle and Equipment Washing,
cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009.
Optional Additional Resources
Municipal codes and ordinances that relate to vehicle and equipment maintenance.
Chemical purchasing policies.
Loading and unloading bulk materials.
Guidelines for staff to dedicate a percentage of their time to vehicle and equipment maintenance.
Specific directions on how to use the municipality's vehicle wash area.
Spill Prevention Control and Countermeasures Plan.
SECTION 00400
SUPPLEMENTS TO BID FORMS
00410 Bid Bond
00420 Statement of Bidder's Qualifications
00430 Schedule of Subcontractors
SECTION 00410
BID BOND
KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned
as Principal, and as Surety, are hereby held and firmly bound unto the City of Fort
Collins, Colorado, as OWNER, in the sum of $ for the payment of which, well and truly
to be made, we hereby jointly and severally bind ourselves, successors, and assigns.
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 Bid) 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 no way 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.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands
and seals this day of 20_, 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.
PRINCIPAL SURETY
Name:
Address:
By:
Title:
ATTEST:
By:
(SEAL)
Title:
(SEAL)
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:
2. Permanent main office address:
3. When organized:
4. If a corporation, where incorporated:
5. How many years have you been engaged in the contracting business under your
present firm or trade name?
6. Contracts on hand: (Schedule these, showing the amount of each contract and
the appropriate anticipated dates of completion.)
7. General character of Work performed by your company:
8. Have you ever failed to complete any Work awarded to you?
If so, where and why?
9. Have you ever defaulted on a contract?
If so, where and why?
10. Are you debarred by any government agency?
If yes list agency name.
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.
12. List your major equipment available for this contract.
13. Experience in construction Work similar in importance to this project:
14. Background and experience of the principal members of your organization,
including officers:
15. Credit available: $
16. Bank Reference:
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?
If yes, in what city, county and state?
What class, license and numbers?
19. Do you anticipate subcontracting Work under this Contract?
If yes, what percent of total contract?
And to whom?
20. Are any lawsuits pending against you or your firm at this time?
IF yes, DETAIL
21. What are the limits of your public liability? DETAIL
What company?
22. What are your company's bonding limitations?
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 this day of 20_
Name of Bidder
By:
Title:
State of _
County of
is of
being duly sworn deposes and says that he
and that
(name of organization)
the answers to the foregoing questions and all statements therein contained are true
and correct.
Subscribed and sworn to before me this day of 20
(Seal)
Notary Public
My commission expires:
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
SECTION 00500
AGREEMENTFORMS
00510 Notice of Award
00520 Agreement
00530 Notice to Proceed
SECTION 00510
NOTICE OF AWARD
DATE:
TO:
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 20 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 ($ 1.
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 20
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
M
James B. O'Neill, II, CPPO, FNIGP
Director of Purchasing & Risk Management
City of
Fort Collins
Purchasing
Financial Services
Purchasing Division
215 N. Mason St. 2n4 Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/Purchasing
SPECIFICATIONS
_►o
CONTRACT DOCUMENTS
FOR
HOT APPLIED CHIPSEAL OVERLAY 2011
BID NO. 7256
PURCHASING DIVISION
215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS
JULY 27, 2011 — 3:00 P.M. (OUR CLOCK)
SECTION 00520
AGREEMENT
THIS AGREEMENT is dated as of the day of in the year of 20 and
shall be effective on the date this AGREEMENT is signed by the City.
The City of Fort Collins (hereinafter called OWNER) and
(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 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.
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of
the essence of this Agreement and that OWNER will suffer financial loss if the
Work is not completed within the times specified in paragraph 3.1. above, plus
any extensions thereof allowed in accordance with Article 12 of the General
Conditions.
They also recognize the delays, expenses and difficulties involved in proving in a
legal preceding the actual loss suffered by OWNER if the Work is not completed
on time. Accordingly, instead of requiring any such proof, OWNER and
CONTRACTOR agree that as Liquidated damages for delay (but not as penalty)
CONTRACTOR shall pay OWNER the amounts set forth hereafter.
1) Substantial Completion:
One Thousand Dollars ($1,000.00) for each calendar day or
fraction thereof that expires after the 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 ($500.00) for
each calendar day or fraction thereof that expires after the five (5)
calendar day period for Final Payment and Acceptance until the
Work is ready for Final Payment and Acceptance.
ARTICLE 4. CONTRACT PRICE
4.1. OWNER shall pay CONTRACTOR for performance of the Work in
accordance with the Contract Documents in current funds as follows:
Dollars ($ ), in accordance with Section 00300, attached and incorporated
herein by this reference.
ARTICLE 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Article
14 of the General Conditions. Applications for Payment will be processed by
ENGINEER as provided in the General Conditions.
5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on
account of the Contract Price on the basis of CONTRACTOR's Application for
Payment as recommended by ENGINEER, once each month during construction
as provided below. All progress payments will be on the basis of the progress of
the Work measured by the schedule of values established in paragraph 2.6 of the
General Conditions and in the case of Unit Price Work based on the number of
units completed, and in accordance with the General Requirements concerning
Unit Price Work.
5.1.1. Prior to Substantial Completion, progress payments will be in the amount
equal to the percentage indicated below, but, in each case, less the aggregate of
payments Previously made and less such amounts as ENGINEER shall
determine, or OWNER may withhold, in accordance with paragraph 14.7 of the
General Conditions. 90% of the value of Work completed until the Work has been
50% completed as determined by ENGINEER, when the retainage equals 5% of
the Contract Price, and if the character and progress of the Work have been
satisfactory to OWNER and ENGINEER, OWNER on recommendation of
ENGINEER, may determine that as long as the character and progress of the
Work remain satisfactory 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
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 . to , 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.
FTAMI[a]4M&MIT, I�YyANW_V 1:1611
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.
OWNER: CITY OF FORT COLLINS CONTRACTOR:
By: By:
DARIN ATTEBERRY, CITY MANAGER
IN
JAMES B. O'NEILL II, CPPO, FNIGP PRINTED
DIRECTOR OF PURCHASING
AND RISK MANAGEMENT
Title: Title:
Date:
Attest:
City Clerk
Address for giving notices:
P. O. Box 580
Fort Collins, CO'80522
Approved as to Form
Assistant City Attorney
(CORPORATE SEAL)
Attest:
Address for giving notices:
License No.:
SECTION 00530
NOTICE TO PROCEED
Description of Work: 7256 Hot Applied Chipseal Overlay 2011
To:
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:
By:
Title:
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
SECTION 00610
PERFORMANCE BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal' and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300
Laporte Ave. Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as
the "OWNER", in the penal sum of in lawful money of
the United States, for the payment of which sum well and truly to be made, we bind ourselves,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the day of , 20 , a copy of which
is hereto attached and made a part hereof for the performance of The City of 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 Agreement during the
original term thereof, and any extensions thereof which may be granted by the OWNER, with or
without Notice to the Surety and during the life of the guaranty period, and if the Principal shall
satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and
save harmless the OWNER from all cost and damages which it may suffer by reason of failure
to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER
may incur in making good any default then this obligation shall be void; otherwise to remain in
full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Agreement or to the
Work to be performed thereunder or the Specifications accompanying the same shall in any way
affect its obligation on this bond; and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the Work or to the
Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in
the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of
which shall be deemed an original, this day of , 20_
IN PRESENCE OF: Principal
(Title)
(Corporate Seal)
(Title)
(Address)
IN PRESENCE OF: Other Partners
By:
By:
IN PRESENCE OF: Surety
By:
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement.
If CONTRACTOR is Partnership, all partners should execute Bond.
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
SECTION 00615
PAYMENT BOND
Bond No
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal' and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins,
300 Laporte Ave., Fort Collins. Colorado 80522 a (Municipal Corporation) hereinafter referred to
as "the OWNER", in the penal sum of
in lawful money of the United States, for the payment of which sum well and truly to be made,
we bind ourselves, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the day of 20 , a copy of which
is hereto attached and made a part hereof for the performance of The City of 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 Agreement and any authorized extension or modification thereof, including
all amounts due for materials, lubricants, repairs on machinery, equipment and tools,
consumed, rented or used in connection with the construction of such Work, and all insurance
premiums on said Work, and for all labor, performed in such Work whether by subcontractor or
otherwise, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Agreement or to the
Work to be performed thereunder or the Specifications accompanying the same shall in any way
affect its obligation on this bond; and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the Work or to the
Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in
the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts,
each one of which shall be deemed an original, this day of
IN PRESENCE OF:
(Title)
(Corporate Seal)
IN PRESENCE OF:
IN PRESENCE OF:
(Surety Seal)
Principal
(Title)
(Address)
Other Partners
By:
By:
Surety
By:
(Address)
NOTE: Date of Bond must not be prior to date of Agreement.
If CONTRACTOR is Partnership, all partners should execute Bond.
20_
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance.
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS (OWNER)
DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 7256 Hot Applied
Chipseal Overlay 2011
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado
INCLUDE:
OWNER: City of Fort Collins
CONTRACTOR:
CONTRACT DATE:
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
N•
AUTHORIZED REPRESENTATIVE
REMARKS:
20
TO:
Gentlemen:
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
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,
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 , 20
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:
SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM:
(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:
M
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:
PROJECT: 7256 Hot Applied Chipseal Overlay 2011
CONTRACT DATE:
In accordance with the provisions of the Contract between the OWNER and the
CONTRACTOR as indicated above, for
(Surety)
on bond of
hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final
Payment to the CONTRACTOR shall not relieve the Surety Company of any of its
obligations to the OWNER, as set forth in the said Surety Company's Bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this
day of , 20
(Surety Company)
By:
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
nn NnT WPITF IM TNIC CPArF
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
00
89 -
CONTRACTOR INFORMATION
Trade name/DBA:
Owner, partner, orcorporate 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 contractor agreement pages (1) identifying the contracting parties
EXEMPTION INFORMATION and (2) containing signatures of contracting parties must be attached.
Name of exempt organization (as shown on contract):
Exempt organization's number:
98 -
Address of exempt organization (City, State, Zip):
Principal contact at exempt organization:
Principal contact's telephone number:
Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located)
Scheduled Month Day Year
Estimated Month Day Year
construction start date:
I 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
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.
SECTION 00020
INVITATION TO BID
SECTION 00700
GENERAL CONDITIONS
GENERAL CONDITIONS
rITNIM,
CONSTRUCTION CONTRACT
These GENERAL CONDITI.ONS,,have been developed by, using the
STANDARD CONDITIONS OF TIME CONSTRUCTION
CONTRACT prepur,!d,§y the Engineers kifit Contrict, Documeaq.
Committee; MCDC N6,1910.3 (1990 Mition), asa base. Changes to.
that document are sllmvn by underlining,tc*d that has been added and.
striking through text that has been' deleted.
EJCDC Gl--.Nl-,RAI. CONDITIONS 1910=8 (1990 EDITION)
WITH CITY OF FORT COLLINS . MODIFICATIONS (IZEV 9/99)
Article or Paringraph.
Num6cr & Title
DEFINMONS
TABLE OF CONTENTS.OF GENERAL CONDITIONS
pitse Article or Paragraph
Number Nurn her &T I tic
1.1
Addenda
1.2
Agreement ..........................................
J
1.3
Application for Payment,,,,,,,,,,,,,,,,,,,,,,
1.
1.4
Asbestos ......................................
I
1.5
Bid ...........................I
1.6
Bidding Documents, ....... ................
1
L7
Bidding Requirements ........:.................I'
1.8
Bonds
IJ
Chanic Cider ....... ..............................
I
1.10
Contract Doctimcrits
I
111
Contract Price
1,12
Contract Tim els� .............. ...............
1.13
CONTRACTOR
1.14
defective ..............................................1.
1.15
Drawings ...................... ............
1-16
Effective Date of the Agreement,...,,,.,,
1.17
ENGINEER
1.18
ENGIN`EERs Consultant
I
1.19
Field Order.,,,,, ........ .............
11
1;20,
General Requircments .................. ;
..... 4
1 -2 1
Ha7ardous-Wastc, .................................
2
1.22.a
Laws and Regulations; Laws Or
Regulations,
2
1 22.6
............. .........................
Legal Holiclays ........
I
Lie M ................................................
2
1.24
.
Nfilestone - ............. ...........................
1.25
Notice of Award
1 -f6
Notice to Proceed
1.27
OWNER
On
Partial Utilization ................................2
1.29
PCBs
130
Petroleum
1:31
Project...._.....
roject........... .........
2:
131a
...........
Radioactive r'ial ............................
1
1.32.b
Regular Working. Hours ...
1.33
Resident Project Representative.,::::,;:,:,?.
1.34
Samples ..............................................2
,1.35
Shop Drawings ................. _..
_.2
1.36
Specifications .....................................
:2
137
Subcontractor
1
138
Substantial Completion.
....... I ... I .............
I
=
1.39
Supplementary Conditions ....................
2
1.40
Supplicr_._": ......... .....
�2
1-41
Underground Facilities ..
...... ..... :.;.__2-3
1.42
Unit Price Work ..................................
3
1.43
work ..................................................3
1.44
Work Change Directive........................
3
1.45
Written Amcndment_-f___:.1
!3
Page
Num her
PRELLMNARY MATTERS
'.I
Delivery. of Bonds, ............................
?l
Copies or Documents .........................
3-
23
Commencement of Contract
'Pities; Notice to Proceed
3
2.4
St. arting the. Work ............................
3
2.5-23
Before Starting Cbmitruction',
CONTRACTORS Responsibility
to Report; Preliminary SLhediles;
Delivery of Certificates of
Insurance
34
1.8
Preconistruction Conference;--.,_......
4
1 19
Initially Acceptable Schedules;,_-..._
3
COMIRACT DOCLUENTS: INTENT,
AMENDING, REUSE ......... .......... ........ ............
4
3.1-3.2
Intent ........... * ......................
4
3J
kere're'nce to Standards and Spcci-
fications; of Technical Societies:
Reporting and'R esolving Dis-
cipanciZs, ... .... : .................
3-4
Intent of Certain Terms or
Adjectives ............................ .......
3.5
Amending Contract Doctments .........
5
16
Supplementing C66tract
Documents
5
17
Reuse of Docurn ents
AVAIL ABUTN"OF LANDS;
bUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
5
4.1
Availability of Lands ........ ..............
5-6
4,2
Subsurface and Physical
Conditions ....... ... I ............... .........
6
4.2.1,
Reports and Mawings ....................
:. i5,
4Z2
11iiii ited Reliance by CONTRAC-
TOR Authorized; Technical
Data .......... ......
o
4,2.3.
Notice of Differing Subsurface
or Physical Conditions ....... .........
:jG
4 ;2. 4
ENG113-M Ws Rev icw .......................6
4;2.3
Possible Contract Documents
Change.........................................
6
4.2.6
Possible Price and Times
Adjustments., ......... z._ ...... .....
�-7
43
physical Conditions --Underground
i7acilhies......................................
7
4.3.1
Shown of Indicated,,,-__,,,,,,,,,,,,,,,,,,,7
4.3.2
Not Shown or Indicated
7
4.4
Reference Points ...............................7
LJCDC M-NMAL CONDITIONS 1910 -9 (1990 EDITION)
Wi OTY OF FORT COLLINS morii(CATIONS (REV 9/99)
Article or Paragraph page Article,or Paragraph Page
Number &Titie Number Number &'ritie Number
4-5 asbestos. PCBs, Petroleima;
hazardous. Wastc or
Radioactive Nlinrial
1 BONDS AND INS.IJRAN'CV ............. ...............
8
5;1-5.2
Performance. Payment and Other
BondsI ................. ............................
8t
53
Licensed Sureties and Insurers;
Certificates of
8
5.4
CONTRACTORs Liability
Insurance
9
5.5
OWNER!s Liability Insurance:,.,,,-_.,..,
9
.5:6
'Property Insurunce.,......' ......... 9-10
�and
53
Boiler Machinery or Addi-
tional Property Insurance .............
. 10
5.8
Notice of Cariccilation Pro%ision ........
JO
ig
CONTRACTORs Responsibility
for Deductible Amounts ... ............
'10
5AUk
Other Special lnsurance... ..............
5.11
Waiver of Rights— � ...............
11
5-125,13
Receipt and Application of
Insurance Proceeds ......................
10-11
'5,14
Acceptance or Bonds and In9lig.
ance; Option to
I
5.15
Partial Uil.ization--Property
Insurance., ......................................
11
6. CC)NTRAcr6wsRFSFONSn3iLrriEs:...............I
I
6.1-62
Supervision and Superintende neq ........
11
6.3-63
1 abor; Materials and Equipment, ...
11-12
6;6
Progress Schedule ..........................
12
6.7
:Substitutes and "Or -Equal" Items;,
C6NTRACTOWs Expense;
Stibstitute Construction
Methods or Procedures;
EM61INEE!VsEvaluationj ............
12-,13
6:8-6.11
Concerning Subcontractors,
Suppliers and Others;
Waiver. of Rights ............ I ............
j3-14
6.12
Patent Fees and Royalties,,,,,,,,,,,,,,,,,,,
14
6.131
Permits i
14
6,14
LwN and Regtilationi,....
.................
14
6.15
Taxes
14-15
6.16
Use Orpi-CURSCs ...............................
I'S
617'
Site Cleanlines.5 ..........
15
6.18
Safe Structural Loading,,,,,,,,,,,,,,,
15
6.19
Record Documents
15
6.20
Safety and Protection ...........
:1.5z16
6.21
Safety Representative .....................
.... 16
6-2-1
Hazard Communication Programs....,
16
6.23
Emergencies .....................................16
6.24
Shop Drawings and Sam ples.............
:16
625
Submittal ProceWurm COi\t-
TRACTORs-Review Prior
to Shop. Drawing or Sample
6 22 (3,
Shop Drawing Sz Sample Submit-
-tals Review by 9NGlNlEkK..
16-17
6:27
Responsibility for Variations
From Contract Docum entsi,,,
17
6,28
Related Work Performed Prior
to FN(,(NPliR'i Rcvic%i,'and
Approval of Required
Submittals;,,,,_,,,, ------- ........
A7
6.29
7
Continuing the Work,----,,-
...17
6.30
CONTRACTOR!s General
Warranty and Guardnw-, ...........
17
6.31-6.33.
Indemnification, ....................
17-18
6.34
Survival of Obligations,, .....
38
7. OTIEMW..ORK, ...... .........................................18
7.147.3
Related Work at Site
is
7.4
Coord iiiation
l3
8. OWNER'S
RESPONSIBILITIES ................. .......
,
18
9.1
Communications
ications to CON-
TR.4CTOR
I'S
8.2
Replacement of ENGINEER ...........
18
8.3
Furnish Data andPay'Promptly
When Due
18
8.4
Lands and Easements; Reports
mid'rests .............................
&S
Insurance ......................................:19
'8.6
Change Or(krs..,,.. ......
L.149
8.7
Inspections, Tests and
Approvals ''
19
8.
Stop or Suspend Work;
Terminate COYf RACTOR's
8J
Limitations m OWNER'S'
Responsibilities ...........................19
8.11).
Asbestos, PCBs, PeLrolauni,,
Ilitiard6us Waste or
Radioactive Material
19
3.11
Evidence of Finamcal
Arrangements ......................_....19
9. ENGINEER'S STATUS DURING
CONSTRUCTION, .................................
19
9.1
OWNFR's Repiresentative.
19
9.2
Visits to Site .
19
9.3
Project Representative .................
19-21
94
Clarifications and lntLrprc-.
tations , ........... ....... ................
9.5
Authorized Variations in Vibrk,,,.,-
21
ULDC (XINIOULCONDMONS 1910-8 i199() EDITIOM
IVICITY. OF FORT COLUNS Nt6D1F1CA*r1(Jt`iS'TREY 9A9)
Article or Paragraph
Page
Article or. Paragraph
Page
Number 3Title
Number
Number& -Title
Numlx:r
9.6
RejectingDefecrive Work,,;;"1
13.8-13.9
Uncovering Work at ENGI-
9.7-).9
Shop Drawings, Change Orders
NEER's Request .....................
27-28
and Payments....................................21
13:16
OWNER May Stop the Work ..........
28
9.10
Mterminaticns for Unit Prices-__,
21-22
-
1331
Correction or Removal of
9.11.9.11
Decisions on Disputes;EN01-
DefectiveWork;;d8,
NEER as initial lnterpreicr..............22
13,12
Correction Period..........................28
-9.13-
Limitations onENGINEER's.
13.t3
AccepiamroofDefectiveWork .........
28
Authority and Responsibilities„__22-23
1114
OWNER May Correct Defective
Work .............................. _..---
28.29
CHANGES IN THE Wow:...................:.._
23
IQ.I
OWNER's Ordered Change................r3
14. PAYMFNfs TO CONrRACTOR.AND
10.2
Claim for Adjustment ,,, ,,,,,;,,,,,,,,,,,,„23
COMPLET-ION....
............
,__29
10.3
Work. Not Required by Contract
14.1
Schedule of Values................
'9
Documents.....................................23
14.=
Application for Progress
10.4
Change Orders..................................13
Payment... ... ............... ............
__29
I11:5
Notification of Surety ,........._..........,,23
14.3
CONfRACfOR'sWarranty of
Title ......,ppli:atio..........:.:..:......
29
_
CHANGE OF CONTRACT PRICE...............-,,.,_,-„--,33
ld,�F-14.7
Revieq� of Applications -for
'Ill.I -1 L3
Contract Price. Claim for
Progress Payments„-,,,........
„29-3Q
Adjustment; Value of
14.8-14.9
Substantial Completion.,,,,,,,,,
30
the Work,.- ..... . .. ...........:.223"
`4
14,10
Partial Utilization
3031
11.4
Cost of the Work, .......
4-25
14A1
Final Inspection.......................
......31
11.5
EsclusionstoCost ofthc'Work.......,,,?5
14.12
Final Application,l'orPayment
........ 31
11.6
CONTRA&O"ks.Fee,,,,,,,,
,,,,25
14:13-14.14
Final Payment and Acceptance,,,,_„
31
11.7
Cost Records .................................25-26
19;1S
Waiver of Claims ....... .... ..........
31-32
11.8
Casfi Allavatices:;36
119
Unit Price Work- ...........................
_26
15. SUSPENSION Or WORK AND
TF.RMINAT
[ON.....................................:..:.......:;''
CHANGE OF CONTRACT TIMES .............................;6,
15:1
O}VNER'May Suspend Work ....
,..... 31
111
Claim far Adjustment ........................26
15.2-15A
OWNER May'rerminatc .............
3_
12.2
Time of the Essence,,,,,,_,,,,,,,,,,,,,,,,,,
�6
15.5
CONfRACTORMay Stop
12.3
Delays Beyond CONTRACTOR's
Work or Terminate,,;,;,,,,,,,;,,,,
32-33'
Control- ` .:....... ........ :....:....
: 26-27
12.4
Delays Beyond OWNER's and
16. DISPUTF. RESOLUTION
..................................
33-
CONTRACTOR's Control,,,,,,,,,,,,,,,,
127
17. MISCELLANEOUS..................„._..............._._..33
TESTS AND INSPECTION&
CORRECTION.
17.1
Giving Notice,,,,,,,,,,,,,,;,,,,;,,,,,,,;,,,,13
12 MOVAL OR
ACCEPTANCE OF
17.2
Computation of Times, ...................
33
DL•TEC77VE WORK.................................................27
173
Notice of Claim .............................
33
13.1
Notice of Defects.:..;..........................;7
17.4
Cumulative Remedic*.:...... ........
,,,::33
13;2
Access to the Work ... _,;;,,_,,.......:,_:,,?7
17.5
Protessiona l Fees and' Court
13.3
Tesmand (nspeetions,.
Costs Included
33
CONTRACTOR's Cooperation: ..........
_'7
l T6
Applicable State Laws,,,,,,,,,,,,,,,
33-34'
13.4
OWNER's Responsibilities;
Intentionally left blank.......................................35
Independent Testing Laboratory
, 27
13-5
CONTRACTOR's
E.\MIT GC -A:
(Optional)
Responsibilities:................:.............=7
Dispute Resolution Agreement...................,.
GC -AI
13.6-13..7
Covering Work Prior to Inspee-
16.1'4.6
Arbitration...._ ....................... ;GC
-Al
tion, Testing or Approval_,,....;...
27
16:7
Mediation,,,,,,;,,...;.._.
GC -oil
HJCDC GtiN14tAL CONDITIONS 1910•S (1990 EDITION)
wi 0TY OF FORT COI.I.INS AIOr)IFICATIOYS i FV 9199)
INDEX TO:GF NEiRAL. CONDMONS
City of -Foil Collins modifications to the General Conditions of the Construction Contract are not shown in this index
Article or Paragraph
Number
Acceptance of -
Bonds and tnsurance:...............................::......5.14
defective Work . ...........................10.4
1. 13.5: 13.13
final payment ........................................
9.12 14.15
insurance........................................................
.$ l4
other Work, by CONTRACTOR:
............. ........... ,7:3
Substitutes and "Or -Equal" Items
.,,,,,,............ 7,,iiiT l
Work by OIWF.R..............................:.5,
6.30, 0:34
Access to the --
Lands. OWNER andCONTRACTOR
responsibilitics----------- ..:...:..:...............
::........
site. related Work ---- .....:.....::.:..:._..:.......
:....... :.:.7.2
Work . ......................... .................
13.2; 13..14, 14.9
Acts or Omissions--, Acts and Omissions
CONTRACTOR :.............:........:..:...:...
6.9i 1, 9.1313
ENGINEER..........................................6.30,
9.13.3
OWNER....................................................0.20.
8.9
Addenda --definition of (also see
definition of Spacificatiotts).......(L6,
I.IU, 6:19), I:1.
Additional Property [nsuranceq,,,;,,,,,,,,,
, ,, ,, ,,,;,,,; 5.7
Adjustments"
Contract Rice or Contract
-Cimes. . ..................... 1:5:
3.5. 4.1, 4.3.2, 4.5,Z
......:...................... 4.53; 9.4, 9.5. 111.2-10.4,
.............. :.............. I .......
...,I1,,12, 14.8, 15a
progress schedule .......... .......... .............
:............. .6
Agreement --
definition o(......................................................112
"All-Risk"Insurance, policy form,,,,,,,,,,,,,,,,,,,,,,,,_,
5.6.2
Allowances, Cash..........................................:.........11.8
Amending Contract Documentq..... ...
................. :..:.:. 3:5
Amendment, Written --
in general ................ j .1 10, 1,45..3.5,
5:10, 5,12, 6.6.2
6.8.2,'6.19, 10.1, 10.4, 11.2
12.1, 13.12.2, 14.7:2
Appeal OWNER or CONTRACTOR
intent to„-_ ..................... ). hi, 9.11, 10.4, 16.1 16.5
Application for Payment--
- ,definition of.,*. ..... 1: .... 4 ......................................
1.3.
F.NGINFF.R's Responsibility ...............................
9,9
final payment,,,,,,,,,,,,,,,,, 9.13.4,
9.115, 14.1114.15
in general ..........................2.8,
2 .�, 5:6.4,'9.10. I5:5
progress payment...:.:....:.._......:::,..,:..:::-;;;14.I-14.7
reviewof..:.....:.:.....:..:...............
:.......... 14.4-I4.7
Arbitration ... ................................. :
................ 16.1-16.6
Asbestos -
claims pursuant thereto .................
.........4.5.2, 4.5.3
CONTRACTOR authorizedto stop Work_,,.,,,,, 4.5.2
definition of ...................... ..................................
1,.4
Article or Paragraph
Number
OWNER responsibility for,,,,,,.,_„ ..................
4.5.1, S.Iv
passible price and times change _..._,.,_,.,.,_,..,_.
a j:2
Authorized Variations in Work ..........
3.6. 6 25, 6.27. 9.5
Availability ofLmnds...........................
...............4.1. 8.4
Award, Notice.of-defined--- _
.,_,_ -------- l 25
Before Starting Construction..............................;5-2.8
Bid -definition of1,5
(1.1. 1:1U. 2-3, 3,3.
........................ a.2.6.4. 6.13, 11.4.3; 11.9:1)
Bidding' Documents--defmilion
of_....:..::.._:....:.....:..:....66(6:8-2)
Bidding Requirements -definition
Of ....... ...................................
- .. ..
1.7(1.1.4,2:6.2)
Bonds;-
..
acceptance of
5.14
additional bonds ................ ..................
10.5: 11''.4:5.9
Cost of the Work............................................11.5.4
de6nition�of......:......
1:R
delivery of
21, 5' 1
..
final Application for Payment,_,,,-.
14.12-1414
general ................................... ...1.10,.5.1-5.3,
5:13;
,.,.... I ............ ..:............. ..
. 9,13:'MS. 14.7.6
Performance, Payment
Bonds and [nsttrance-•in general.:...............................5
Builder's risk"all-risk" policy form ........
.......... .„-..5.6.2
Cancellation Provisions, Insurance. _„-,,
Al 1, 5:8, 5.15
CashAllowanccs....................................................31-8
Certificate of Substantial Completion.........1.38,
6.30.2.3:
.................................................14.8,
14,10
Certificates of Inspection.:.,,,:-, ,, .
9:13.4, 13:5, 14.12
Certificates of Insurance,_1,7.'5,3;
5:4:11. 5.4.13.
....................._..6.51:5.8,
5.14, 9.13.4, 14:12
Change in Contract Price --
Cash Allowances:..:.:::.:
11.8
claim for price
adjustment,,,,,,,,,,,, 3'.1, 4.2;6, 4.5. 5.15,.6.8?, 9:4
........... ..----- .5,9,IL Ir1.2,
10.5; I1.2; 13.9,
........... ............. 13,13. 13114,
14.7. 15.1. 15.5
CONTRACTOR's fee............................„.,_,,,,,,,.11.6
Cost of the Work
general................................................
I 1.4- f L 7
Exclusions to. ..... .:.......::::..:.:
Cost Records-:...__..
in general ..... ....... 1,19, 1.44, 9.11,
10.4.2, 1(I.4,3, 11
Lump Sum Pricing..........................................11.3.2
Notification of Surety.
10:5
Scope of............:.................-..........._....;,.10.3-10.4
Testing and Inspection.
Uncovering the. Work: .................................
13.9
FrCDC aevlstAL CovDrnoNS 1910-3,i1990 EDMON1
wl CITY. OF FORT C .'OWNS MODIFICATIONS (REV 9!99)
I Init Price Work 11-9
Article or paragraph
Nuinbr
Value of Work
I IJ
Change in Contract 'rimes-,
Claim for times adjusLmcnt_....,:4.I,
4.2.6, 4.5, 5.15,
............ 6.8;2, 9A. 9.5. 9,11.
10.1 10.5; 12.1.
.1 ............. 13,9, 13.13, 13.14:14.7,
15.1, 15.5
Contractual time
12.2
Delays beyond CONTRACTOR!s
control
12.3
Delays beyond OWNER's and
CONTRACTOR!s control.,,._,_,
1.2.4
....................
Notification of surety...:.....:....:..........................10.5
Scope of change : ..... .................................
10.340.4
Change Orders --
Acceptance ofDrfzctive Work..._ ....
................ 13.13
Amending Contract Docuimcnty ...............
; .......... . -Ji
Cash Allowances ...... I ......... I .....................
11.8
Change of Contract Pricq ...........
.................. I I
Change of Contract
.......... :,12
Changes in -the Work.: .........
10
CONTkACTOR!s fee
116
Cost or the Work .......................................
C,jrRecords, ........ z:
I IJ
defini6o'n of .... ........... ...... __ ..............
........
emergencies .....................................................
6.23
ENGMER!s responsibility ........ 9.8.
10.4 11.2, 12.1
eXecution of .....................................................
'.
10.4
Indenthifict.ion .............. .......... 0.12, 6.16, 6.31433
InsuranceI Bonds and ... .......1.
. ..............
10, 5A3, 10.5.
OWNER may term incites .............................
15.2-15.4
OWLNER!s Responsibility-._ ..................
I ......$.6, 10.4
PhysicaL Conditions—
Subsurface
Underground Facilities- .............
............... 4,3.2,
Record Documents .......... I ..........................
... ..5,19-
Scope of Change ....... ...............................
10.3-10:4
Substitutes ..... ................. I ................
6.7.3; 6.8.2
Unit Price Work
H.9
value of Work, covered by: ................................
11.3
Changes in the Work......._-------------__
------- ------------- 10
Notification of surety .............. ...........................
I Q.3
OWNEfts and CONTRACTORs
responsibilities .............................................
10.4
Right to an adjustment . ....... ...... I ....
I.,! .............. 10.2
Scope of change ........................................
10.3-10A
,Claims --
against CONTRACTOR ' ..... ...................
.. z...6.16
against .......
..... ,,.§.32
against OWINFR, ............ ..................................
0:32
Change of Contract Price„_ .......................
).4, 11.2
Change of Caritr4cr: Times. .........................
:9.4, 12.1
CONTRACTORs_,____.___4. 7.1. 9.4. 9.,;. 9.11. 10.2.
...........................11.2, 11.9,
12.1, 13.9. 14.8,
15.5. 17.3
CONTRACTOR's Fcc.7 11.6
Article or Paragraph
Number
CONTPACTOR!s liability ........... 5.4, 63 _2 6116, 6.31
Cost or the Work_ ------
-------- 11.4. 11,5
Decisions.on Disputcj.. .......... ..................
9.11,9.12
Dispute Resclutich............................................
16.1
Dispute Resolution Agreement ...................
16:1-16.6
ENGINEER as initial interprcto( ....
9-11
Lump Sum Pricing .... .................. ...............
113-1
J%loticc of . ....... ..... .........
1.7,3'
OWNER's ................ ... 9.4. 9.5; 9.11.
1 u.2, 11. "1 11.9
_ ........... ...... 12.1. 13.9. 13.13.
13.14. 17.3
0I.VNERs liability,,,_7 ......... 2 ...... . .........
OWNER may refuse to make payment .................
14.7
Professional Fees and Court Costs
Included I
17.5
request for formal decision or) ..............
; ............. 9.11
Substitute Items .......... .... ...............................
6.7,1-2
Time:Extension................ .............................
_12:1
Tim e rcquirem entS"T
w 9: 11 ' I2.1
Unit, Price Work
119.3
Valueof'..........._ ......... ! ........ ...........
Waiver of --oh Final Payment ..... .....
j4.14, 14.15
Work Change'Directive ....... ......
.......... 10,2
written notice
11, 11.2;, 12. 1
Clarifications and Interpretation*,,;.,.,..,,,
13.6.3; 9.4. 9.11
CleanSit' .e .......................... __ ........
...........
Ccxk.s ofrechnical Society, Organization
or Association
Commencement of C6nfiraci'Timcs
2.3
Communications -
general ........ ;o ............... I .......
1.&2. 69.2. 8:1
Flazard Communication Prograrrij,____
....... :.6.22
Completion—
Final Application for Payment ..........................14.11
Fina I Inspection ........................
.....14.11
Final Payment and Acceptance, ......
14.13-14.14
Partial Utilization .............................................
14.10
Substantial Completion ......... ............
1.38. 14,8-14.9
Waiver orClaims
14.15
Computation of Tunes,_...__......„............
:.17:2.1-17.2.2
Concerning subcontractors, Suppliers
and Others
6.8-6,11
Conferences -
initially acceptable. schedules ..........................
.... 2.9
prcconstructiork ..................................................1.8
Conflict, Error, Ambiguity, Discrepancy:-
'ONTIiAC
TOR to Report-. ........
2.5, 3.3.2
Construction, before starting by
coNTPAcTOR
5-2-7
Construction _%chincry, Equipment, etc ...................
6A
Continuing the Work .....................................6.29.
10.4
Contract Documents --
Amending..........................................................
}.5
Bonds
5.1
EJCUC OLNERAL COP41ATIONS 1910-8 (1990 E)MON)
w/ CITY OF FORT CO HANS h 10 T) I F1 r, A TT ONS ME V 9/91)
*Cash Allowances- ............................................ 11.8
Article or Paragraph
Num her
•Change of Contract Price....................................7I
Change of Contract Times ...... ......
ChangFs in the Work ........ I.- ............ --.10.4-10.5!
check and verify .....................................
2.5
Clarifications'and
InterPrelati6riq ........ 3.6, 9.4. 9:11
,definition of ...... .... -z- ........ .........
......... 1;10
ENGINEER as initial interpreter of.,,,,, ,,,,_„_,
S?. I I
ENGINEER as OWNER's rcprL.scntit;vc,
gcncrul3
Insurance._ ....... ...... .......................
".5-3
Intent
3.1-3.4
minor variations in the Work ..............................).6
OWNEWs responsibility to fumish data ...............8.3
OWNFR's responsibility to make
prompt payment..... ..................... 8-3. 14:4,
14.13
precedence ............
3. 1 j 33.3
Record D"''M ......... ...... ! ....... : .....
.... 0.19
Reference to Standards an Specifications
of Technical S.ocicticg....................................3.3
Related Work .....................................................
Y:2
Reporting and Resolving Discrepancies,,,,,,,,
25, 3.3
Reuse of;_,zz
:.p
Supplementirig..................................................
).6
Termination of ENGfNEER!i Employmerq
.......... 3.2
Unit Price Work ...............................................11.9
varimionq ... ...... ..................... ......... 3.6,
6.23, 6.27
Visits. to Site, HNGINEER's•,_._. ............
......... 02
Contract Price-
Ausuncrit of .............. 9.4_10.3;
11.2-11:3.
Change of ----- ........ ......
Decision on Disputes ... .........................
9"ll
definition of._...........
111
.......
Contract Times -
adjustment of ........................... :3:5, 4.1. 9.4, 1 (k 3, 12
Change of,,., ... ..........................................
12.1-12:4
Commencement of„_......, ........
..... 2.3
definition 4., : 4
:
,1.12
CONTRACTOR -
Acceptance of Insurance ....................................
5. 14
Comm Lmicationq: .....................................
fi.2. 6.9.2
Continue Work._.....................................
0.29, 19.4
coordination and sche.duting, ...........................
(.9-1,
definition of„...........,,
11.13
Limited Reliance,o'n Technical
Data Authorized
4.2:2
May Stop Workor Terminate............................15.5
provide siteaccess to others,,,,,,,,,,,,,,,,,,,,,,,
7.2, 13.2
Safety.and Protection ................... :43.1.2, 6.16, 6. 18,
....... ....... ................ & 2 1 .6 23,
7,2, 11
Shop Drawing and Sample Review
Prior to Stibmiml .......................................
;.6.25
M
Stop Work requirements,_..._..- ......................... 4.5:2
CONMRAurows-
Article,or. Paragraph
Number
Continuing Obligitibn, .................. .................
14A5
De ective Work ..._ ................... ..... 19.6; 13.10-13.14
Duty to correct defective Work ..........................1111
Duty to Report--
Changes in the Work caused by
Fni;rgcncy ... _ .................................
_ .... 6.23
Defects in Work of -Others,,,,,,,,,,,,,,,,,,;
........... 7.3
Dif Bring conditions .......... ..................
4:13
Discrepancy in Documents ......... 2.5. 3.3-2.
6.14.2
Underground Facilities not indicated,,,,,,,,,
4.3-1
Emergencies,, ...................................................
0.23
Equipment and Machinery Rental. Cost
or the Work
. ... .......... . ......
11.4.5.3
Fee -Cost Plus;_ , ..................... 11:4.3.6, 11:5!1,
IL6
General Warranty and Guarantee ............
........ ... 6.30
Haurd Communication Prcigrams, .....................
6.22
Indemnification_,----- : ----------- 6.16. 6.31-6.33
Inspection of the Work.......... _ ......
7.3, 13:4
Labor, Materials and Fquipai'cm'...' .................
0.3.6..5
Laws and ReggWittions; Compliance
Liability ....... ........................
;JA
Notice or lntentjo.Appeal .........................00,
10.4
obligation to perform and complete
theWoik: ........................ _ .........................
0.30
Patent Fecs and Royalties, paid fo . rby ................
fi.12
Performance and Other Bonds
5.1
Permits. obtained and paid for by .......................0.13
Progress Schedulc._, ........ ... 1.6. 2:8,
2.9�, 6.6,
------ --- ....... ----k:29, 10.4,
15�2.1
Request for formal decisionon disputes,;,,,,,,,,,;,,
ResOgnsibilities-
Change% in the, Work.,.,_._..___,,,, -.- .......
10.1
Ccmcerning, Subcontractors. Sup. p - licts
and Others
6.S-6.11
Continuing the Work ... ........................
6.29. 10.4
CONTRACTOR's "xpense. : ;
6.7.1
CONTRACTORS General Warranty
and Guarantee.. ............. __ .... ..............
6,30
CONTRACTORs review prior to Shop
Drawing or Sample submittal,,,,,,,,,,,,,,,
' 6.25
CoordinalionciFIVork...- I'- ..
69.2
Emergencies ... b ...... I ... I I ... I ......................
6.23
rNGIN�EER!s evaluation. Substitutes
or "Or -Equal" Items,_ .....................
-7.3
For Acts and Omissions
of Others ............................. 6.9, 149:2, 9.13
for deductible atrOunts.insurance ..................
5.9
general ........................................ ti, 7r2'
7.3, 8.9,
Hazardous Communication Prograni4,,,,___,P.22
Indemnification ........... .......................
6,31-6,33
8)MC GENDER. COINDMONS 1910-8 ilM EDMOM
wt cm. of Fowr COLLIN'S MODIFICAMMS I.REV9199)
Labor, Materials and Equipment„. ........0.3-6. S
Laws and Regulations___--- : ...... ............ 6.14
Liability Insurance,:-.,.,,-,._ .... ............... I ....... 5.4
Article or Paragraph
Number
Notice of variation from Contract
,Documents
Palenr Fees and Royalties............................0.12
Perinits-::,.-::..-:. i:. .
Progress Schedule-----..-_::
.... ....... ----------
...: ... 6,6
Record Documents
6.19
i elated Work performed - Prior to
ENGINISERs approval of required
submittals..---, ....... ...... :.1 ........
7,5.28
safe structural loading ................... ; ..............
6.18
Safety and Protection ....................13.2Q 7.2, 13.2
Safety Rcprcscn.1atiVc--.... .........
........ A21
Scheduling the Work: ................ ; .... ...
; ...... 6.9.2
Shop Drawings and Samples .......................6.24,
Shop Drawings. and Samples Review
by CNGLW-CR ............. ..................
6.26
Site Cleanliness
jG. 17
Submittal Procedures :, ...... ..........................
673
Substitute Construction Methods
and Procedures . :
.��
6.1.2'
- Substitutes and fOr- �Q' Items.-,;
6. 7.1
Superintendence ...........................................
62
Supervision .................................................
6.1
.surbivai orOltligations ........ .......................
634
Taxes
Tests and inspections„-,--„..............._,,,,_,,,
13.3
To Report. . ............... .................... I ...............
.1
Use of Premises 16-6. 18; 6.30.2.4
Review Prior to Shop Drawing or
Sample Submittal, .... ........ ..........................
Right to adjustment for changes in the Wor(10.2
right to clairfi ....... 4, 7.1, 9.4, 9. 5, 9.11,
-2
10. -11.2.
139,
17.3
Safety and Protection ................... 6.20-6.22. 7.1 13.2
Safety Represerlative ........................................
6.21
Shop Drawings and Samples SubmitttiK ....
6.24-6.28
Special Consultants ..... --- ------ : .... ...........
11.4:4
Substitute Construction Methods and Prnqcdur6.;.6,7
Substitutes; and'Or-Equal" Items-
Expense ------------------------ .............. 6.7,1.
6.7.2,
Subcontractors, Suppliers and Others..,.....
... 6.8-611
Supervision and Superintendence ......... 6J,
6.2, 6.21
Taxes. Payment by... ............................. I ...........
G. 15
Use of Premises ........ ........ ....
fi.16 -6. 1.8
Warranties and guarantees-, ....
6.30
Warranty of Title ..............................................143
Written Notice Required--
CONTR?XCTOR-stop Work or terminate ....... J5,5
Reports of Differing Subsurface
and Physical Conditions .......................
A.23
Substantial Completion ................................14.3
Niii
C01Vi'RAC,T()R-S--othcr ...............................................7
Contractual Liability Insurance.,,,,.---„_---,---- . �A.10
Contractual Time Limits...,.,,.,:,- 2.2
Article or Paragraph
Number
Coordination—
COMrRACTOWs responsibility .........................
�.9.2
Copies of Ductiments ................................................
2:2
Correction
Correction. Removal or Acceptance
of Defective Work--
ingeneral ............ ; ....... .... IU14.1,
13.11t-1.3.14
Acceptance of Defective Work ..................
Correction or Removal of,
Defective Work ................................
16.30, 13.11
Correction Period, ............... .........
OWNFRMay Correct Defective Work.. ---------
J3.14
OWNER May Stop Work ....... ; ................
; ........ 13,10
Cast --
of Tests and Inspections .......... .... . .......
I ......... 13A,
Records 11; 7
Cost of the Work -
Bonds and insurance, additional ...................
) 1:4.5,9
Cash Discounts,,,,,,,;;,,,,,,,,,,,,,, ;
:11;4.2
C,ONTRA(71*01Z's Fee::; .. . ....
...... 11,6
Employee Expenses ........ ............ ...........
11.4.5.1
Exclusions,to
1 E5
General 1
Home office,and overhead cxpvnscS....................115
.Losses:and'dam ages. .. ...I.. I ...........................
11:4-5:6
Materials and equipment ................... .............
114.2
Minor cX1Xr1scs;,1 ..... ...........................
11.4.5.8
Payroll costs on changes ,-., .........
..... 11.4.1
performed by Subcontractors: ... : ...... ; .....
143
Records 11,7
Rentals of construction equipment
and machinery o.,-,.,.., .... ..................
11.4.5.3
Royalty payments permits and
license fcc� ............................. ; .............
j 1!4.5.5
Site office and temporary facilitficig ................
11.4.5:2
Special Consultants, CONTRACTORs .............
I IA,4
Supplemental .................... ; .... ------------------
11.4.5
Taxes related to the Work-
1.1,4.5.4
Tests and Inspection .........................................
13.4'
Trade Discounts--.--------.............................J1.4.2
Utilities;, fuel and sanitary facilitie!.j,,
---- ;-) 1A. 5.7
Work alter regular hours,-,-,-„ ........................11.4.1
Covering Work... ......... ; ............ .....................
13.6-13.7
Cumulative Remcclics:1.1 1- J
7.4-17.5
Cutting, fitting and ........
7.2
Data, to be tumisfied by, OWNER ..............................
4-3
Day' -definition of ................................................17.2.2
Decisions on Disputcs ............ ......................
9.11,9.12
defective -definition of.._---------------_.-._- _ _
- :t ...... 1.14
defective Work --
Acceptance of ...........................I..........10.4.1.
13.13
LJCL)C CEtUtAL CODITIONS 1910-S (1990 EDITION)
WICITY OF FORT COLLINSMODIFICATrONS IREV9199)
Corrcctibmor Removal of. 10, 4.1, 1111
Correction Period,.:.,...._ .......... .......
in general ..................... __.13. 14.7. 14.11
Article or Paragraph
Number
,9bs;crvatibn by FLN10INIHER ................................
9.2
OWNER May Stop Work ............................
.... 13.10
'Prompt Notice of Detfects...................................13.1
izz.; ................
Uncovering.the
......13.8
Definitions
Delays ................... ......... ....... �1f 1, 6. 1-91 113- 1 . 2.4
Delivery or Bonds ..............
Delivery ol7certificates
Determinations for Unit Prices ........ ........ . ..............
9.10
Differing Subsurface or physical Conditions -
Noticeof i ............ ...... ...... __ ..........
.... 4-.2.3
ENGINEER's Reiiew
1,2A
Possible Contract Documents Change,,,,,,,,,,,,,,
4715
Possible Pricv:and Times Adjustments„-,,,,-.....
4.2.6
Discrepancies -Reporting
and 3,3. 1 6.14.2-
Dispute Resolution -
Agreement, .................... ........
Arbitration
geriera116
Mediation......................... ...............................16.6
Dispute Resolution Agreement, ...... ..................
t6.1-16:6�
Disputes, Decisions by ENGINEER .-.... ....... ......
9.1 1-9:1,
Documents--
Copics of.._.,.
.............. .
Record 6.19
...2.2
kcUSC or- .. .. ... .........
Drawings -definition
J; 15
Easements
Effective date of Agreement'- definition Qf .............
JA6
Emergencies, ...... I ------
..-.46-23
ENGINEER -
as initial interpreter an disputca, ...............9.
1 19` 12
definition. of ......................................................
1,17
Limitations - on authority and responsibilities;,,,;
.IN
Replacement oE.... ...... .---------------8.2
Resident project Representative;,,,,,,,_-,__--_„-......
J3
ENGINTEERs Consultant -- definition of ..................1.18
ENGINEEFCs-
authority and responsibility, limitations on,,,,, 9.13
Authorized Variations in the Work .....................
„
9.5
Change Orders, responsibility for ....... 9.7, 10, 11, 12
Clarifications and Interpretations .... .......
3.63, 9.4
Decisions on Disputes .......... .......... :-.9.11-9.12
defective Work, notice of ..................................
-- ....... * ...........
- ... 13:1
Evaluation of Substitute items ..........................
6.73
Liability ...................................................4i.32.
9.12.'
Notice Work is Acceptable,-_,_.._ ... .......
--.- 14.13
Observations ................. . ..... .....
fi.30.2, 9.2
(AMER's Representative ... ........... ........ 1 9
ilayments to the CON'l-RAc rc)R,
Responsibility for ......... ; ............ I-- ------- 9.9.. 14
Redbiri, mendatim of Payment..,_,.; .... .... ;J4.4, 14-13
Article or Paragraph
Nurii1x-r
Responsibilities --Limitations on ................
9.11-9.13
Review of Reports on Differing Subsurface
and Physical
4.2:4
Shoo Drawings and Samples, review
ruponsibility.....
j6, 26
Status During Construction -
authorized variations in the
ClarificHtions.Hrid Interpretations,
9.4
Decisions on Disputes.... ....................
Determinations on Unit Price ............
.... cuo
ENGINEER as Initial Interpreter,.--_.--,
9.11-9,1^-
ENGINEER!s Responsibilities* ................
9.1-9,12
Limitations on ENGMERs Authority
and Responsibilities .......... ...............
9.13
OWNER!s Repre se ntat ive.,
9.1
Project
......
...... 9.3
Rejecting Defechve Work ..............................9.6
Shop Drawings, Change Orders -
and Payments,,,.,.....,,
;--w-9.7-9.9
Visits to
Unit PriLe determinations .................................
91! 0
Visits to Site .......................... - ..............
........ 9.n
Written corisuit required..............................
7,1. 9.1
Equipment, Labor, Materials and .......................0.3.6.5
Equipment rental, Cost of the Work,,,,,,,,,,,,,,,,,,,
11 .4. 5-3
Equivalchi Materials and Equipment, .........................0.7
error or ornissioris,
Evidence of Financial Arrangements,,,,,;,;;;,;;_;,,,;,,
Explorations of physical conclitionj .............
_ ......... 4:2-1
Fee, CONTRACTORs-Costs Plus .................
.......... 11.6
Field Order --
definition of ............
1.19
issued by ENGINEER ..............................
3.6.1, 9.5
Final Application for Puymenl ...............................
14.12
Final Inspection, -, .... ; ........... .....................
J4.11
Final'Payment-
and Acceptance ............... -.- ....... ........
14.13-14.14
Prior to, for cash alloxvinces
I hS
General Provisions. ............ ........... .................
17.3-17:4
General Requirem - ents-
definition of... ................... _ ...........................
principal references tQ.. .... ........2
. . 6.6.4.
-6 . 7,6.24
6.(
Giving Notice----,: ..
-- ....::.:.:......I....:
- 17.1
Guarantee of Work -by CONTRACTOR.; _630,
14.12
Hazard Communication Programs,,,,,,,
6 11
Hazardous Waste -
definition of.............................................:.......1.21
general ........
OWNER'S responsibility for ......... .................
mo
WCDC M-NTRAL CONDITIONS 1910-3 11990 EDITION)
%v / CM. OF FART r o i. i i S x t 6 r) I R C An 0 M; 1? F V 9! 99 1
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.'sp
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.
Indemnification.. ..... :! ........ ..... 601 6.16,;.6.31'6.33
Initially Acceptable Schedules-.,-. .. .......... .......
Inspection--
Xertificates ot, ...... 13.5, 14.12
Final ........................................................... 14: 11
Article or Paragraph
Number
'Special, required byENGINEMR..........................9.6
Tests and Approval ....
13.3-13,4
Insurance --
Acceptance of, by OWNER ................................
i. 14
Additional: required by changes
in t]lie Work—, .... — ........... ..........
1.111.4.5.9
Before stdrtirfg the Work ...................... :,_T
....... 23
Bonds and --in general ..... ....................................
5
Cancellation Provisions. ............ .......... ..............
Certificates of ---- ....... 23, 5, 53, 5.4.11.
5.4.13,
... : ......... ....... :5.6.5, 5:8, 5,14, 9.13.4;
14,12
completed operations ......................................
5.4.13
.CONTRACTORS Liability ................. ..............
_5,4
CONTRACTOR!s objection to coveiragd,_
....... ,5.14
Contractual Liability ..........................
10
deductible amounts, coNTRACTOWs
responsibility ......................................
5.9
Final Application for Payment._,,,,,,,,,,,......
:14.12
Licensed Insurers ....... : ...................................
J.3
Notice requirements. material changes ........
5.9, 16.5
Option to Replace ...........................................
_ 5.14
other special insurances........... : ......... ..............
5.10
OWNER as fiduciary for insureds ......... .....
5.12-5.13
OWNER', Liability .............................................
3.5
OWNER's Responsibility ........................ :
........... 8.51
Partial Utilization. Properly Insurance ......
15
Property.., .... A ........ ...........
10,
Receipt and Application of Insurance
proceeds ..............................................
5.12-5.13,
Special I nsurance: ...... I ........... ..........
...... 5.10
Waiver of Rights__.. ....... :1 ........ .................
Intent of Contract Doctrin eats, .................. : ..........
3.1-3.4
Interpretations and'Clarificationp ...... ...............
3.6.3.9.4
Investigations of physical -condition..........................4.2
Labor. Materials and Equipment .......
__6.3-E5
Lands --
and Easements ...................................................8.4
Availability of ................................... .........
4.1. 8.4
Reports and Tests : ........
Laws and Regulaiions—Laws or Regulations --
Bonds............................................. __ ......
5.1-5.2
Changes in the Work ....... ....... 1-1--_1 ...........
10.4
Contract Documents-: :
-:;..3.1
CONTRACTOR's Responsibilities ...................
1.0.14
Correction Period. dfeclive Work ....................13.12
Cost of the Work, taxes .............................
_1 1,4:5.4
definition of ............................
__L22
gencral6.14
Indemnification .............................
6.31-6.33
Insurance..........................................................
.... * ........... ................ * ............ ........... 53
Precedence, ................. 1 . .................. _,3. 1. 3.3.3
Reference fu. J.3.1
Safety and Prbteilirrn ........ ........ ; ...... 6.20, 13:2
- y
SubconirHctois. Suppliers and Others,,,,,.,.., 6.R- .I I
Article or Paragraph
Number
Tests and Inspections...................................13.5
Use of Premises:
—.6.16
Visits to Site.
9.
Liability lrisurnuic.&:
coNTRACTOR's...............................................5.4
OWNERS
5:5
Licensed Sureties; and Insurers.. .. .. ....................
53
Liens --
Application for Progress Payment .......................14.2
CONTILACrOWs Warranty of Title ......... ......
14.3
Final Application for Paymenj ....... ; ........... ; ......
14-12
definition of.., ............
... t-23
Waiver of Claims:_ .................. . ........... .........
14.15
Limitations on ETNGINEE�Rs authority and
responsibilities....... .........
Limited Reliancc.by CONTRACTOR
Authorized ... : .................... ; ..............................
4.202
Maintenance and Operating Manuals--
Firml Apphizion for Payment ....
11
Nlanuals (of others)--
Precedence............................................... .....
R61crehce to in act DocurnenLi ..................3.3.1
Materials and equipment --
furnished by CQNTPACTOR ........... ...................
63
not incorporated in Wor...................................14.2.
Materials or equipment --equivalent ... ....................
!.,6.7
Mediation
--- 167
Milestonesz-definition of ........................................
J.24'
Miscellaneous --
Computation orrimes.., ........... ..I—.......
:._11
17.4
Giving Notice ...... ..................... .................
171:1
Notice ri[`Cliiim.................................................17.3
Professional Fees and Ciiurt Cosis'lnclud4 ......
J7.5
Multi -prime contracts........:_ ........... :,:; ---------
:.,-,7
Not Sho%vii or Indicated ......................................
... 4 3.2
Notice of --
Acceptability of Project... . ...... .....................
14.13
Aw-ard, definition .. . .......
23
Claim............................................................
j.7-3
Defects,13.1
Differing Subsurface, or Physibal Conditions ......
4,23
Giving ....... ...... ....... .
..... UA
Tests and Inspections.... .. I I ................................
J 3:3
Variation, Shop Drawing and Samplg .... _ ..........6:27
Notice to Proceed --
definition of .... ................ ................................
(.26
givingof ............................................................2.3
EJCDC OISNFIi. CONDITIONS 1910 -3 0 990 EDITION)
W CITY OF FORT COLUNSMODIFICATIONS (REV 91991
Notification to Surety ......................................
...... 16.5
Observations, by ENGINEER',,,,_,.,
9.2
Occupancy of the Work__ ....... _
_5.15. 6.30.2.4, 14,10
Omissions or acts by CQYrRACTOX,;_.___69, 91 ' 3
Open Peril policy form. Insurance ..........................
_1: 6, -1
Option to Replace ................... ............
........... ........ ;, 14
Article or Patagnph
Number
"Or Equal* Items ......................................................15.7
Other w6rk 7
Overtime Work --prohibition b( .... : ...........
...... 6,3
OXV,VER-.
Acceptance of defective Work ........ ..................
1.113
appoint an ENGINEER ...... ..... ...
as Fiduciary-, .............................
Availability of Land;; responsibility ....................
:4.1
definition of'.._ ..................... .........
......
data, furnish ... I ................ 1___
_ 9.3
May Correct DePctive Woik; ......................
t3;14'�
May ref ise.to makti payment ...... ........... .......
I ... 114-7'
May Stop the Weik ...........
..... J3AQ
MaySuspend Work,
Terjnin,1te,,_,_,_, ...... z7,1:_3X 1110,
15;1-15,4
Payment, make prompt .................... _33, 44.4,
14: 13
perrominco of other Nvorli .......... ; .... ; ........
_ ....... 7J
permits and licenses, requirement '
purchased insuraniie reqqirementi...., ....
ONVN,ER!v-
Acceptance of the Work ............ .........
_6.30.2.5
Change Oi&fs, obligation to excculq .........
8.6, 10.4
Communications ................................... ............
SA
Coordination of the Work
Disputes, request Or decision ...........................
:Pll
Inspections, tests and approvabi.....
114'
Liability Insurance_
Notice of Defects ......................................
....... 33 .1
ReprLsentative--During Construction,
FNGrNF.HWs Status
Responsibilities—
Asbestos. PCBs, Petroleum; Hazardous
Waste or Raditinctive Material ................S.10
Change Orders, .............. 61.1 .......... ; ..........
; ... X6
Changes in the Work .... ... ...........
...... 10.1
communications
H'I
coymm_=R's reTonsibilitic§.................
_8,9
evidence of financial urrangcmcnt;i ..............
8:11
inspections, tests and ...............
83
insurance
5
lands and easemeniA ........................ .....
... 8.4
prompt payment ... ...
...... 8.3
replacement of ENGINEER
reports and tests ..........................................
_8A
stop or suspend Work ..................8.8, 13. 10,r 15,1
terminate CONTRACTORs
services„-,_,,,-,_-. ........
15Z
separate representative at site
site,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
9
�3
.xi
testing, independent., .... _ .. ............................ 13.4
use,or occupancy
of the %Vo&-,.L.; ....... 5-15. 6.30.2:4. 14.10
written consent or approval
required ......................................... 9. 1 ; 63, 1 IA
H)LW GCNMkLC0ND1Ti0NS 1910-S j19SIO EDrn0M
wl dTY 6F FORT COL1.1N5 moDiFICATION4 (.REV 9.1991
Article or Paragraph
Number
written notice required -,--,- ...... 11.
9.4: 9.11,
...................................11.2,
..........*...............11.2,
11.9. 14.7. 15.4
PCBS--
definition
-9
general... ...........................................................
4.5
OWNgWs responsibility for................................{.10
Partial Utilization -
definition of......:_.
.... 21.28
general 6-10.2.4, , 14.10
Property Insuiraricc ............................................
. 5; 15
Paten ' t,F= and Royalties .......................
m ...... ......... 6:12
Psvmcnt Bon4,,
Payments, Recommendation of ..............
14.4-14.7. 14.13
Payments LoCONTRACTOR -and Completion -
Application for ProgressPhyments ......................14.2
coNTRACTOWs Warrantyof'ritic ..................
14.3
Final Application for.Paymcnt,, .......................
14, 12
Final Inspection ......................... .....................
14.11
Final Payment and Acceptance,,,,,,,,,,,,,„
14.1'3-14. f4
general ............................. ...............
......... $3, 14
Partial Utilization,,--,
. .... t:f':�-14.10
Retainage........................... ............................
14.2
Review of Applications for
Progress Payments .,--,-,, .......
J 4.4:14.7
prompt payment -, ....... ...... ... :1 .......
I ......... 1:A.3
Schedule of Values '
......... 14:1
Substantial Completion, ..............................
14.8-14.9,
Waiver of Claims .........................................14.15
when payments q ................................
144i 14.13
withholding payment ................ I ........................
14.7
Performance Bonds ...... .............. ......................
Permits ........ :;. ........
- .......... 6.13
Petroleum-
definition'of.... ........ ..................
general..........................................................
OWNER!s responsibility for ............... ...............
$. 10
.Physical Conditions --
Drawings of, in -or relating to ........................4.2.1.2
ENGINEER's review ........................................4.2.4
4.2.4
existing structures,;,_._:_
........... I— .................
4.2.2
general 4,2,1.2...... ..............................................
......
Notice of Dillurfacc or.....................4.2.3
Possible Contract Documents Chan ..0 ............
- --- A.2.5
Possible Price and Times Adjustments ..........
. -4.16,
Reports and Drawings ......................................
4.2.1
Subsurface and..-. .............. ..........................
.... 4.2
Subsurface Conditions_,_.,_- ... ... * ... *
....... 4.2.1A
Technical Data. Limit, Reliance by
CONTRACTOR Authorized ........................
4.12
Underground Facilities—
general. ........................................................
43
Not Shown or Indicaed ................
Protection of ........................................
4.3.6.20
Article or Paragraph
Number
Shown or
1
Technical Data ...............................................4.2.2
4.2.22
Prewristruction Confereneq, .................. ...................
2.S
Preliminary Matters.
I
Preliminary Schedules,.,. ...................
2:6
Premises, Use of .............................I...............
6: l"AS
Price, Charge of 'Contract...........................................
11
Price, Contract --definition ...
; -----:
Progress Payment, Applications for ........
.............. 14.2,
Progiess Payment-,rcuiinagq: ................
......... 14.2
Progress schedule, CON'TRACTQR!s� ...........
7.6, 2.8, 2.9.
.............. 6.6. 6.29:.
10.4. 15.2.1
Project -definition .......
31
Project Representative—
ENGINEEks Status During Construction..... ....... 9.3
Project Representative, Resident -definition of 1.33'
prompt payment by,OWNER ...
........... 83
Property Insuranc&-
Additional ..... ................... ..............
................ 53
gencral5.6-5. 10
Partial
14.10.2
receipt and application of proceeds .............
5,12-5,13
Prouiction, Safety
fety and; ..... ......... I .........
6;20-&21, IS2
Punch list , .� .,;-,1-:.,..;
tcrifil
:
Radioactive �i�
dermaon of
1.32
genera14.5
OWNFR's responsibility for: .......................
;F.10
Recommendation of Payment .................. 14.4,
14:5, 14.13
Record Documents :... . ....................... ........
6:19, 14.11,
Records, procedures foi maintaining: ...........
I ............. . �..S
Reference Points ..... .... i; ..... . : ...............
: ........ 4:4
Reference, to Standards aP&Specificaticiiis
of Technical Societies 4 ... ....... ; .........
3'
Regulations, Lawsand (or) ............. ...............
. ........ 6.14'
Defective.RcicctihgWork ......................
.......
Related WoK--
atSite ...................... .................................
7.1-7.3
Performed prior 16 Shop Drawings
and Samples submittals review,,,_,,,.„......,.,.
0.28
Remedies, cumulative ..................... -------
. ..... :A7.41 17.5
Removal or Correction off)qjacfiva- W6rk-.--.
J3,11
rental agreements. OWNER approval required -,,,,I 1.4.5.3
replacement of ENGINEER, by OWNER.._
........ ....... .2
Reporting and Resolving
Discrepancies .........................4......2.5,
3.3.2, 6.14;2
Reports --
and Drawings..................._...I.................._....
2:1
and Tests, OWINIER's iesponsibi ' IiLy,
Resident and Project Representative—
definition of 4 .......
........... 1.33
provision for ............................................................9.3
9.3
sfi LJCL)C MI&RAL CO' 14ATIONS 1910 -8 0990 EDMON)
wi CITY OF FORT COLUNS.NiODIFTCATIONS (REV9199)
Article or Paragraph
Number
Resident Superintendent, CONTRACT0Rg.•;_,,,;,;,,;;.62
Rosponsibilities--
CONTRAC-TOR's•in general ........ ......................... 6
ENG INEER's-i n general........................................9
Limitations on.............................................9!
13
OWNER's-in general: ..::.:..:.:...::_.....
....... _:..-..,....S.
Retainage......... :.:.... :.- ...... :-.........
......:.14.2
Rcuse of Documents; .:.............................................
�..3.7
Review by CONTRACTOR: Shop Drawings
and Samples Prior to Submittal:.-..-,,
......... ....,,,6:25
Review of Applications for
Progress Payments ............ .........................
14.4-14.7
Right to an adjustment,-...,-,_,,..
.10:2
Rightsof Way....................... .......................__......4.1
Royalties, Patent Fees and,,:,•..:.::..............1:...........,6.12
.Safe Structural Loading..„.„. ..................................6.18
.Safety --
and Protection, .,...,. .::, . ,....-,.4.3.2.
6.16, 6.18.
6:20-6.21:
7,2. 13:2
general........ ............................................
.6.20-6.23
Representative, CONTRACTOR's.:.....................(.21
Samples --
definition qC......:..:...:.:..---..:...,,.::,,...,:.::...l,34
general ......................................................0.24-6.28
Review by CONTRACTOR_ ............................
6.?5
Review by ENGINF.ER'..............................§.26,
6.27
relatedWork.....................................................6.28
submittalof.................-•-•--....___........._..........6,24.2
submittal procedures....,,,.,,,•.•,,, ...........
........... 6.?5
Schedule of prugress._......:.:.:........:_.,:.;
2.6. 2.8-19. 6,6.
629, 10.4, 15.2.1
Schedule of Shop Drawing and Sample
$ubmittals........... ................... �.6, 2:8-2.9, 6,24-6;28
Schedule of Values. --------- :2.6,
1.8-2.9, 14.1
Schedules--
Adherence to ............. ............. .......................15.2.1
.
Adjusting........................... ................................
fl.6
Change of Contract Times;.•,,•„-,••_„•,•,•„•..........10.4
Initially Acceptable ......... ....................
_....._18. 2.9
Preliminary ................. _.......
....2.6
Scope of Chanacs.......................................10.3-
I0.4
Subsurface Conditions... ........ ....... ____
.......... _.. 4.2. 1.1
Shop Drawings --
and Samples, general .................................
6.24-6.28
Change Orders &Applications for
Payments, and ... .------ _`.,_:..::.:.:..:.:.......
9.7-9.9
definition oC
.:, 1.35
ENGINEER's approval of .:...............................
3.6,2
ENGINEER's responsibility
for review.
9,7, 6.?4-G.28
related
review procedures ......... .......................
:;.8; 6.24-6:2N
siil
Artictcmr Paragraph
Number
submittal required ............................. ..................
6.241
Submittal Procedures ........................................
h.25-
use t0approve substitutions ....................:....:.:.:
63.3
Shown or Indicated...............................................4
3.1
Site Access ........................................ ............
..7.2. 13.2
Site Cleanliness.....................................................
6.17•
Site, Visits to-
by ENGINEER..... _..........:::.. _..::.:.------.
,. 92, 13.2
byofhers......................................................__13,2
"special causCs of loss" policy farm,
insurance . ....................:...........:...::?.6.2
definition or:,.,
1.36
Specifications-
definition'of.......................... •--...........::........1.36
of-'rechnical.Societies, reference tn3.3.1
precedence .... :.......................
3;3.3
Standards and Specifications
of Technical Societies.......................................:3:3
Starting Construction, Before
1.? 5-a 8
Starting. the Work._, ...... ........... ..
2.4
Stop or Suspend Work --
by CONTRACTOR ....................................
:...... 15.5
by OWNER.::...::.:.:...:..:...._...........S.g.
13:10, 15.1
Storage 617materials and equipment_................:..41
1, 7.2
Structural Loading, Safety ...................................
I ..... .18
Subcontractor -
Concern i n&...............................................6.8-6.11
definition of................................I—,................1.37
dclays.............. ............... ............................
_-.12.3
waiver of rights.. ..............................................
0.11
'SubLuntractors--in general.,..,
6.8-6.11
Subcontracts --required. provisions ,,,,, 511, 6.1 1, 11.4.3
Submittals--
i\ppliaittions for I'.tymtent.................................14.2
Maintenaneeand Operation Manuals,.,.,
.,, ,_• 14'12
Procedures ...........:....:........:.
:...,:... 6.25
Progress Schedules ............................ G.:.I
... 1.2.6. 2.9
Samples ....................................................
..................................................
6.24-6. 28
Schedule of Values ......... :..........................
.2.6, 14,1
Schedule ofShop Drawings and Samples
Submissions ................ .............. ......2:6,
..
2.9-2;9
Shop Drawings......................................:..6,246.28
Substantial Completion--
certification.or_.:..........:........:...311.2.3. 14.8-14.9
definition of.....................................................1.33
Substitute.Conttructilm Methods or ProcedureS_-,..... ;7.2
Substitutes and "Or Equal" Items
--- 6.7
CONTRACTOWs Expense;,•„ _
• ;.6:7.1.3
ENGIi IFER's Evaluation ............................
6:7.3
'Or -Equal ....................................................
6.7.1:1
Substitute Construction Nlethods
Ex-Dc GEM7LAL CO\Drn0Ns 1910.8 i1990 EDrno.N1
WI CITY OF FORT COLLIN''S MODIFICATIONS IRF.V 9i991
Article or Paragraph
Number
or Procedures....... .... ..................................
�. 7.2
Substitute Items
6.7.1.2
Subsurface and Physical Conditions -
Drawings of. in or rclaffig to ...............
...... 4.2.1.2
ENGINEER's Review .......................................
4-14
general.
4,2
Limited Reliance by CONTRACTOR
Authorized .... ....................................
Notice of Difficring Subsurface or
.Physical Conditions .......... ....... . .. ...
-3.2.3
Physical Conditions
Possible Contract Documents Change ...............
4.2.5
Possible Price andTimes Adjustments ................
4.2.6.
Reports and Drawin&I ................... ------
_ ......... 4.11
Subsurface and .................. ; .... : 14-0 ..............
.... 4.2
Subsurface Conditions at the Site
4-2.1-1
Technical Data ................ . ... . ..........................
4.2.2
Supervision-
CONTRACTORs responsibility-,-,
I
OWNER shall not supervise .................................
9.9,
ENGINEER shall not supervisq ................9.2,
9.13:2
Superintendence ....... ...........
........ 6-2
Superintendent, CONTRACTOR!s residt.iik...............6.2
'Supplemental costs...............................................11.4.5
Supplementary Conditions-
derihition of ............................. ......... .............
).39
principal references tq ................. J,1101 1,19,
2,27 2.7;.
............... +), 4.3, 5-1, 5.3,
5A 5.6-5;9,
............... 5.11. 6.8, 6.13i 7.4. 8.1
I, 9.3. 9.10
Supplementing Contruct.Ducurnents
Supplier --
definition of , ..I ................ .......................
......... 1.40
principal references tQ., ......... 3.4, 6,5, 6.9-6.11.
6.20,
.......... .__ -4
9:13, 14.12
Waiver of Rights .....................
6.11
Surety -
consent to final payment .........................
14.12, 14.14
ENGDTFER, has no duty to ............... a ...........
L otifi N -ation of 10.1.
10.5. 15:2
qualification of
.........................................5
...... I, 1 -5.3
Survival of Obligations...........................................6.34
Suspend Work. OWNER May ... .................
_13.10..15.1
Suspension of Work and Termination ....................
J5
CONTRACTOR, May Stop, Work
or Tenn inate __ ...... ...............
15.5
OWNER May Suspend Work,;;,,;,,;,;,,_......_,,;,_,
.15.1
OWNER Nfay Terminate ....... :_ ;:_ '
, ' 15.2-15.4
Taxes--Pavinent by CON'l-RAC-1-OK .........
13
Technical Data -
Limited Reliance by CONTRACTOR ................
4. _2
Possible Price and Times Adjustments-,__
M,
Kepoms.of Differing Subsurface and
Physical Ccinditions ....................................
4.2.3
xiv
Temporary construction facilities,..,. ................ _ ...... 41
Afticle or Paragraph
Number
Termination -
by CONTRACTOR ........... .........
1- ---------- J 3.5
by OWNER ........................................
AS, 15,1-15.4.
of ENGINEER's employment ...............................
8.2
Suspension of Work-in general ........................
Is
Terms and Ad' i
-3.4
Tests and inspections--
Access to the Work, by others. .... ....
_ .......... ...... 112
CONTRACTOfes responsibilities .......................
13_5
cost of 13.4
covering Work prior to ......
.......... � 136-13.7
Laws and Regulations (or) ................................
13.5
Notice of Defects,., ........ ......... ; ......................
_13.1
OWNER May Stop Work ....................
....... ---- 13,10
OWNER's independent testing ....................
:9-J3.4
special, required by WGINEEP ..........................9.6
timely notice required.............. I........................13.4
Uncovering theWork. at ENGINEER's
request
Times-
Adjwtin& ......... .......... ;
........... 6
Change of Contract-,, ... ......... _
z .........
Computation b(_ .................... ...
. ........... ;__17:2
Contract Times; -definition of ...........................
1,_12
day........ .................................................17.22
Milntuu%..........................................................
12
-
Requirements--
appeals__ ........... ..............
............... 9.10,16
clarifications,
claims and disputes ......
....... 51. 11. 11.2. 12'
Comituincement of Contract Times
..... ,;; ... 4,:.2.3
Preconstniction Confcrencc�..,
....................... 18'
schedules.........................................).6,
2.9, 6.6
Starting,the Work ...... ...........
...
Title, Warranty of._
.... ... ... * ... .....
....... 14.3,
Uncovering Work ........ :. ..................................
13.8-13.9-
Underground Facilities, Physical Conditions -
definition a(,., ......................
...... ............... 1.41
Not Shown or Indicates,,.. ....::.
--------- 43.2
protcction of. .................... ........................
'_3, 6.2()
Shown or Indicated,........................................4.3.1
Unit Price Work -
claims
definition of ....................................................
J,42!
generall 1.9, 14.1. 14.5
Unit Prices -
general 11.3.1
Determination for ............................................
9-10
..
Use of Premises .......... .....................
6.16. 6.18, 6.30.2.4
Utility owners ................ ............(. 13,
6. 20, 7.1-7.3, 112
Utilization, Partial _ . ............. 1-23, 5.15,
6.30.2.4, 14.10
Value of the Work ..........................
* ....... ':S 11-3
... '.'"*.
Values, Schedule 0 ............... I ....
.6: 27 29 14. 1,*'
EJCDC GENIRAL CON'DITIO'
Nb 1910 4 11990 R)] 1109j
wl 0TY OF FORT COMINSMODIFICATTON'S (REV 9191))
Variations in Work --Minor
Authorized ---- ......... '6.25; 6.27, 9.5-
,,Vticic.or Paragraph
Number
Visits to Site -by ENGINEER ......... ..............
9:21
Waiver of Claims --on Final Payment,, ....
Waiver of Rights by insured parties.,.,_.,,,
.......... i. 11, 6.11
Warranty and Guarantee. (icneral--by
COINTPUVTOR
Warranty of Title. CoNTRXCTOR.%,-
:.__j4.3
Work..
Access to ......................
13.2
.... ..
byothers...............................................................
7
Changes in.the ..............................
---------- ......I 0
Continuing the ............. ------
CONTRACToR May Stop work
or. Term inate, ......... ............ ......
............ 15.5
Coordination of
7.4
Cost of the
J:I _4= 1 L-5
definition of....., ........................ . ......................
1.43
negle&ed by CONTRACTOR ............................
13.14
other Work.....,.......:_..,...,,.,
......... 1-1.7
OWNER May Stop Work-- - ;:17=;�_
OWNERIMay Suspend Work ...................
j 3. 10, 15.1
Related Work at Site; ......
....... 7;'l - i..3
Starting .
Stopping by CONT RACTOR ., ... �E ........
._ ........ J5.5
Stopping by OWNER,,,.,,,,,,,
15.1-15.4
-Variation and deviation authorized.
minor ........... �.6
Work Changd Dirc&tive-
claims pursuant tq .......... .................................
definition of
principal references to,,,,,,,,,,,,,,,,,,,,; .
15,3, 10;1-K1.2
Written'.Amendment=-
definition of 1: P;
:_:. :_-r._j.45
principal references to..............1.10, 15,.5-110,15]',
....................... (,.6.2. 6.Ui,
6.19, 10.1, 10.4,
................ ILZ 111.
13,12:1 143.2
Written Clarifications and
interpretations .............................. ;.3.6.3.
9A. 9AI
Written Notice Required -
by MNTRXCTOR.............. I ...... d ......
1.1, 9.10-9.111
.................... ...........
11,2. li.l
hy OWNER .... ............... 9,10.9,11,
10 1 13.14
xv EX-WOLNULAL CONDITIONS 19104 i19W rD]'[lOM
W/ UITY OF FORT COLLINS MODIFICATIONS (REV9!9O)
cmis page letYhlank iiitentiimally),
Avi MCOC (ENUUL'COM)MONS 1910-9,11990 LDMOY)-
wi ❑TY 6F FORT'NIJ.INS'\fODIRCATTO.NN (REV 9199)
GENERAL CONDITIONS
ARTICLE 1-43EI NITIONS
Wherever used in these General Conditions or in the other
Contract Documentsthe followingtermshaVe the
meanings indicated which arc' applicable •to both the
angular and plural thereof_
LL _dddznda-=Written or graphic instruments issued
prig to the opening of Bids which clirify.. correct or
change the Bidding Requirements or the Contract
Documents
1.2. .4 reeinent_fhe written contract Between OW'NHA
and.CoNTRACTOR covering the Work to be perfurmed;,
other Contract'Documente are attached to. the Agreement
and mace a part thereof as pray ided'therein.
1.3. .appli'cation,(or Payment --The form accepted by
ENOIN'Elik which is to be used' by CONTRACTOR in
requesting progress or final payments ar&w6ich is to he
accompanied .hy.suiih supporting documentation as is
r,Wircdby the Contract Documents.
Lk Al b:sros:.Any material that contains more than one
parcentasbcstos and is friable or is relcising,ashestos fibers
.into the air above vmentectfon levels esmhlished by`the
United States Ckctipational. Safety and, Health
Administration:
1.. Rid The offer an proposal of the bidder submitted
on the prescribed form setting* forth.the prices for the Work
t6 be performed, '
1.6. Biddmy Docimients—The advertisement or
invitation to Bid 'uistructions.to bidders, the Bid fond; and
the,propaied Contract Documents (including all;Addencl
issued prior to receipt of Bids);
13, Ridding Requiremena-The advertiscmem or
inviutOon.to.Biii instructions'to bidders, and the Bid form,
1,8;. _Boiidfr-Performiincz'arid Payiiieni bonds and other
instruments of security._
1.9. Change Onkr--A document recommended by,
LNGNERR_ which. it si}aaxl, by CONTRACTOR and
OWNER mn1'authorizes un addition deletion or revision in
the Work, or ;in adjusaneia in the. Cemuaii Pricc or the
Contract Times. issued on or after the Effective Date of [lie
Agreement
1,10. Contrvct Doc•iin>LirLi—The. Agreement,.. Addenda
(which pertain to the. 'Cantract. Documents),.
C:ONTRAcrMs Bid (including. documentation
accompanying the Bid and airy post Bill daiurrnentation
submitted prior to the Notice of Award) when attached as
an crhibit to the Agreement, the Notice to.Pnicca the
Bonds these .General Conditions, the Supplementary
Conditions, the specifications and tha Drawings as the
FA-Dc'(jhNExAL CONIhTiOh,i iviuyr owu Eiwwo
a'/ ❑'rY OF FOaI' COLLIDE :UOOti'lGV1OL191RGV d20tia)
same are more specifically identified in the Agreement,
together with all Written"Amendments, Change Orders,
Work Change Dirrctives, Field Orders aril ENGINEER's
written interpretations and clarifications issued pursuant to
paragraphs3.5; 3.6.1 and 3.6.3 on or Iderihe Effective
Date of the Agreement 'Shop breti'ing sutiitiitmis
approved pursuant to panuyRaphs 6.26 anal 6.?7 .and the
rcports.and drawings referred to in pirigraphs 4.2. hand
4.2.3 are not ContructDocuments,
LI L Comind Price -The moneys payable by
owNrER to CONTRACTOR for completion of the Work
in accordance with the Contract Documents as stared in
the Agreement, (subject, to the. provisions, of
paragraph 11 ?_I in the case of Unii Price Work).
1:12, Contrvct Tirms `The numbers of; days or the
datcs•stated in the:AgreemenC (i) to achieve Sulistaotial
Corriplerion and (ii),lo pmplete the Work so that it is
ready fcr final payment as evidenced'by ENGINEEER's
Britten rccammenulauun uC final payment in'accordance
with paragraph 14.13,
1_13. C6,'V7RAC.IY)R The person, fait or corporation
with whorn OWNER has entered into the Agreement
1-14, dfective—Art ;adjective which when modifying
the word' Work refers to Work that is unsitisihctory; faulty
or deficient in that it does not. conform to the Contract
Documents, or dries not meet the requirenients.of any
tnepection, reference standard test or approval referred, to
in the Contract Documents,,& has-been damaged prior to
E&GMM-R's recommendation of firial payment (unless
responsibility For the pritcction thereof has been assumed
by OWNER at Substantial Completion in a'ccordan.c'with
paragraph 14.8 or 14:)0);
1.15. Druivings—The drawings which show thescope,
extent and character of the Work to be furnished ;and
peiformed by CONTRACTOR ,and which have been
prepered:ci approved by ENGINEER and are refnred to
in the Contract Documents. Shop drawings are not
Drawings as so defined.
1.16, EffecffW Dare of the Agivetnent-The skate
indicated in the Agreement on which it becomes effective,
but if rw such Jute is indicated it means the -date on which
the Agreement is sigtied'andtelivereid by the lastof the
two parties to sigh and deliver,
1,17. a-161NMA—Tire person; firm or cmpoiaaion
named us such ui tho Agreement.
1.18. ENGINEERS' Cohmdlanr-A persurt Cum or
corporation having a contract with ENGINEER to furnish
services as ENGINE-ER's independent professional
ussociate or consultant with respect to the Piojw and who
is identified as Stich in the Supplementary Conditions.
1.19. 1•ield Ostler. --A written order issued bv
ENGINEER which orders mirior changes•in the Work in
accordance with paragraph 9.5 But which does not involve
a cliange`ui the Contract Pike or the Contract Times.
1 10. General Requirements—Sectiohs of Division of
the Spe6frottions:
121. Kotartlody {Vaste—The tarn Flarardous Waste shall
have the meaning providcd in Section: 1004 of the Solid
Waste Oisp is it Act (41 USC. Section 69. 03) 'as amended
from-timctotimc: '
1.23.ar Lairs and Regufatfynv,' Lain•. bi.Regulations-,-Any.
and all applicuble laws rules., reguletitats, ordiratnccs,
codes and orders of any and all goyernmi ntal booties,
agcncies..atdht; iI ies Bail courts havirtee juristlicfim`L
1?2.b. Legal 11oGdayrshall be those holidays obscrved
6v the.City of Von Collins. -
1.23: Liens —Liens, churgi:& security interests or
cncurnbrarie`es upon real property or p,rsonil property.
1,24: Adifestone--A principal event specified in the
Contract Documents relating to an intermediate completion
date or time prior. to Sdbstnntial Completion of all the
Work.
L, 5. ,Notice,6fAivaitl—.4.writien notice by OWNER. to
the appnrent.successful bidder stating that upon compliance
by the apparent .sueeessful bidder with the conditions
precedentenumerated' therein, within the time specified,
OWTtR will sign and deliver thc.Agrcent?nt.
126, ,Notice to Proreed-A written' notice given by
oWN7iR to CONTRACTOR (with a copy to 6MUNEER)
fining the .date on which 'the Crvttract Times will,
commrnce to run and on which CONI'RACI'OR shall start
to perform. CONTRACTOR'S obligations under the
Contract Documents.
127. 611;VER—The public body or authority,
corporation association. firm or person, lvitli trhom
CONTRACTOR has entered into'the Agreement and for
whom the Work is to be provided-
I.M. Partial Utifwation-Use. by OWNER of a
substantially completed part of the Work .for the purtxwr.
for which it, is intended (or a related purpose) prior to
Suhaaritial Completion of all the Wdik
1.29. PCBs-Polychkirirrated biphenyls.
130. Ntrokum--Petroleum: including prude oil orany
fraction .thereof which is liquid at. standard COridltions of
temperature and pressure (6O degrees Fuluenheil and
14.7 pounds per square inch absolute), such as coil,
petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene
and oil mined with other non-Ilazardous Wastes and crude
oils.
1.31. Project —The total construction of which the Work
to be provided under the Contract Documents may be Use
tihole, or ii part as inilicaled elsewhere 'in the Contract
.Documents.
1.32:1 'RaiBaacove ,Ilatetiu!—Sources. special;nudror, OF
MTxoduct material as defined by the Atomic Energy Act of
SKDC QENEKAL CONDM Ohs 19 I0$.(1990 Etlitim),
WI CITY OF FORT COLUM SI0OIF7CXn'ONs (RL• V a2OM)
1954 (42USC'Section 20l l of scq).as amended front
timeto. tune.
1.32.b. Rr nddr FVordin Hares=R odor working, hours
are defined as 'T00mn to 6:0Oom unless . otherwise
specified in the General Requirements.
1.33. Resident PttijeitRepresaniatnv-The authorized
representative of CNGFNEER who may be assiggcd'to the
site or any part thereof.
1.34. Samples —Physical examples. of mawials,
2wrnent,'or' workmanship that, are representative of
sons. portion of the Work and which establish the
smndarcls by which such portion of .the Work will be
jiidgcd
1.35. Shop Uraudngs All drawings diagrmns,
illustrations,, schedules and other data or inlormanon
•which are specifically prepared or.asscmbled byor'for
CONTRACTOR arnd submitted by CONTRACTOR to
illus rnte,soriie potion oFthe \York.
1.36. JJvcycationr—Those-. portions of the Contract
Dmumcnts-comsisting of written technical descriptions of
materials, equipment; constriction %)-mems, standards'and
wokmanship as .applied to the Work and omhin
administrative details upplic.-tble thereto.
1.37. Subcgnrracror--An individual, firm _orcorporation
having a direct contract with CONTRACTOR or with any
oiher'Subcontractor for the performance.ofa part of,the
Work at the site.
1.38. .Substantial Completion-Thc Work (or a
specifed'part thereof)-lns progressed to the point where.
m the opinion, of 'ENGINF.F.R. as evidenced by
ENGINEER's definitive certificate of SubstaraW
Completion it is sufficiently complete, in accordance with
the Contract Doaiments, so that. the Work (or specified
part) can be ut dozed for tl e;Purposes for Which it is
mtended•, or if no such certificate is issued, when the
Work. is complete. and ready for foal ,payment as
evidenced by ENCrII TUR's written recommendation of
final payment in accordance with parmgrnph 14.13: The
,terms "substantially complete" and "substantially
completed. as apptied'to all or pair of theWork refer to
Substantial Cbmpletion.lhereof
1.39. Supplententaty Conditions=The part* of the
Contract Documents which amends or supplements these
Gerieral Conditions.
1.40. Supplier —A manufacturer, fabricator,. supplier,
disuibutur_muterialman or vendor having a direct contract
with' CONTRACTOR or with any Subcontractor to
furnish materials or equipment to be incorporated in the
Work by CON"T RACTOR or my' Subcontractor.
141. UWergraranl rkilifies-All pipelines, conduits,
ducts.. cabks• *ire& manholm vaults tanks tunitels or
other such facilities or. antchmeniz_ and any encasements
containing such facilitieswhich have born installed
undergrocrd.to famish any of the following services or
materials: electricity, gases steam,. liquid petroleum
Products. telephcme• O other communications, cable
televisi6m sewage and drainage. removal. traffic. or other
oomrol s}atems or water.
1.42, (hiit Price Work—Workis to be paid for on the'bss
of uml prices.
1:43: (fork --The entire completed constructibn• or the
various separately idaaifiable'parts thereof required to be
furnished under ihe'Contiact Documents. Work' includes
and 1s7 tlic result of performing or -fi naishing labor .iutd
fimmshiing and irteyniting materials and equipment into
the construction, and performing or furnishing services and
birtvshing document:& all asrequired by the ;Contract
Docuimcnts
1.44: ffbrk Change lhrectiya—A tvrituin directive to
CONTRACTOR, issued on or alter the Effective Datc of
the Agreement and signed by OWNER and recommended
by ENGINEER, oideriiug an addition. deletion or revision
in the Wort:; .or responding to differing or unforeseen
physical conditions underwhich the .Work isto be
trs(onried as Provided in ramgraph42 or 4.3 or to
emergencies under paragraph 613- A Work Change
Directive will not change the Contract Price or the Contract
Times, but is evidence, thattho parties expect, that the
change directed or dacumcmcd by a, Work Change
Directive will be incorporated in a 'subscquently issued
Change Order following negotiations by the partiesas to its
effect, if airy, on the Contract Price at Contract Tuneis as
provided, in paragraph 1t!-2.
1.45- Written Amepuhnint--A. written amendment of die
Contract Documents, signed " liy OWNER :abet
CONTRACTOR on or after the Eftectivi Date of the
Agreement and m*maliydealing,with Ihe•noncngineding
or. aomechnical rather thanstrictly contsruction-related
aspectsof the Contract Documents,
ARTICLE 7,PRELMINARY MATTERS
Delivery ojBorirbi
2.1- When CONTRACTOR. delivers. the executed
Agreements to OWNER CONTRACTOR shall also
deliver to MVIN iR such Bonds as CONTRACTOR may
tie iequiredto Cumish in error kux a with paragraph 5.1.
Copier 4Documentw,
2201VNER shA' furnish to CONT RACTOR up to ken
copies (unless otherwise specified in the .Supplementary
Conditions) of the. Contract Docu rrmts:as are reasonably
rwcewary forthe execution ofthe Work. Additional copies
will be firnished upon requisk at the cost of reproductiun.
Commenceinent of Contract Timer Notice to ProceeiL
3. The Contract Timeswill commence to run on the
thirtieth clay alter the Effective Date.of'the Agreement, or,
ex,OCObNb,R%L COVL)rnOh$•19 It" ti wo E(filial),
wl CITY OF PORT COLLMS MODa9CAT10NS IRM' •I2atan
if n Notice to Proceed is given. on the day indicated in the
Noticelo Proceed. ANotice, to Proceed may.begiven at
any tune within thirty days after the Efrectivr i7ate of the
Agreement--�[n_m�.�n.--..a,..:n ,t..- r�� w. ..e Thin M
wmrneaco-to ate e-daiy
of-BidoPenung-oFtho-thirtieth-day-after-the-5ffective-Date
orthe-Agreement; whichever-uatri9 earlier•.
Starling the (York;
'2.4_ CONTRA(71`01Z shall start to perform the Work
on the date when the C-omract Times commence to run,
but no Work shall he date, at the site priortothe date on
which the CmivactTinies commerce to runt
•llejgre &artitfg CansrraCtran:
2.3. Before unde-itakiitg each part of the Work.
CONrkAC'rOR shall carefully study and compare the
Contract Documents .and check-' and verity pertinent
figures -shown thereon and all applicable field
measurements: CO -YrRAGrOR shall promptly report in
writing: to HIMINVER any conflict, error, ambiguity or
discrepancy' which �CO 1 FRA( TOR, may discover and
shall obtain a writ= interTmation orclaritieafi n.from.
ENGINEER &-fare proceeding With any Work affected
thereby' h6wevs CONfRAUrOR shill not be liable.to
OWNER or ENGINEER for failuic to reportanycbnitict,
error; amb gutty or, dlwc pancy itr the Coniract
Documents unless CON"rRACI'Ok knew orr reasonably,
should haveknown thereof.
2.6. Within ten days dRer the Effective' Date of-the
Agreement (unlem o Wisc. specified in the'.General
-Requirernents), CONTRACTOR shall submit tir
iNG VEER for review;
2.6.1, it preliminary' progress schedule indicating
the times (numbers of days or dates) for starti g',and
completirg the various stages of the Work; uicluding
MY, Nfilestrmesspecified in the Contract Dmunienvi.
16.2. a preliminary schedule ofShop Di -awing and
Sample submittalswhich will list each required
submittal and lie times for, submitting reviewing and
'processing Stich submittal,
2�6.11. In no case will a schiedule .be
acre ble which allows less thian 21 calendar
days for each review by Enaineer.
2.63. A. preliminary schedule ofvalues for all of
the Work which will include quantities and prices of
items aggregating the Coramct. Price and will
subdivide the Work into camponem pcirts insufficient
Mail to serve as the b4su for progress payments
during construction Such prices will include -an
appropriate amount of overhead and profit applicable
to each'item of Work.
2.7. Before .any Work at the site is started,
CON'rRAC'1'OR shall eaeh deliver to the
ethee OWNER with copiesto eesli eddiiional-roared
idnntiCted in-a4x�titt{plemtznais CAnditiwcs P.\GINEER
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.
City of Fort Collins
James B. O'Neill, ll, CPPO, FNIGP
Purchasing & Risk Management Director
certificates of instirar x (and other evidence of insurance
whir F tts�ir2d—mwy
i'easw�requested by OIVNERI which
CONTRA-.- �d�tfv�ly era is required
to purchase and .maintain in .accordance with
parngraphc i 4-56snd=c-7:
Preconmruction Conference;
2;S. Withinlwenty:daysditerthe Contract Time* start to
nut, but before any Work at the site is starteda amfereni:e
attended by COV rRaCTOR. ENGINEER 'H nd oihers as.
Appropriate, will be. held to establish n working
understanding among the parties as to the Work and to
discuss the schedules referred .to in paragraph 2.6;
procedures for handling Shop Drawings and other
submittals processotg Applications for -Payment and
maintaining required records
Initial(FAccepmble Scheduler.
29.. Unless otherwise provided in the Contract
Documents
a mnteren.c attended by t;ONI'tW(:C(IK bNGINt,
and others as'apta'epF.ate desianated by OIVNMRL will
Meld to review for accxplability= m E'NGINFER as provi,
below the schediules. suhm-imW in -accordance v
CIINTKA(:TOK. shall have an additional ten days to make
6arreetioits and adjustments and to complete and resubmit
the schedules. 'No progress payment skill lac made to
CONTRACTOR wail the schedules are submitted to and
acceptable to WOINEER. as provided below; The
progress schedule will .he'acceptahId to FNGINF.F,R.' .is
providing an orderly progression of the Work .to
comp!gion w`adiih shy specified MilesGmes ,find the
Contract Timeq but such acceptance will neither impose on
GNGWIt-Rresponsibility for .the sequC, vt� scheduli
eWong
or progrs of the rk nor interfere ivitfi or relieve
CONTRACTOR ban' CONTRACTOR's Cull
responsibility therefor. coNzTRACToWs schedule of
Shop Drawing and Sample submissions will be acceptable
to FNGTNF.F.R. as providing a workable arrangement for
reviewing At.M processing the required. -subminals
CONTRACTOR'S seii i ule pr values Will b,e acceptable to
13,1GLNEE•R1s'66 Corm attdsubstanne.
ARTICEE'3-CO.NTfiAur Documuns: INTEiNT,
AA IEMLNG, REUSE
Intent:
3.1. The Contract Documents comprise the entire
agreement between OW,-m and CONTRACTOR
conxmiitg the Work. The Conti -act Documents are
romplementary:.wha_t is called! for by one:is as bfndutg.,as if
called for by all THe Contraa Doti unents wilt' be
construed in accordance with the lawof the place of the
Project.
3,2, It is, the intern of the Contract Documents to
6M)C OENER.V: CONOITI ON9 19 tV8 It 99V Edition I
wf CITY OF FORT co1:LIN5 UODIFIC.k6ONS IRL7'.I r20/a11
describe a functionally complete Piujea (or part ther000
to be constructed in accordance with the Contract
Documents. Any Work, materials to equipment that may
reasonably be inferred! from,we CoAtruct Documents or
Crum prevailing custom or trade usage as being requited to
produce the intended' result will be furnished, and
performed whether or not specifically called f6r.When
worts or, phrases.which.have a well.knlown technical of
constnrction industry or trade meaning are used to
desaibti Work; tnat"ls or equipment, Stich words or
phrases -shall be interpreted in accordan`e with that
meamnig. Clatifitauons ornd'ihtapreiati6n s of the C.ontraci
Documents shall be issued by FNGINFER as provided' in
.paragraph 9.a.,
33. Reference: to Standards and Specifications of
Technicai Saidies. Reporting. and Reiohing.
Discrepancies
3.3:1: Reference to sumdards, spCelficmions,
manuals or codes of any technical society, organinition
or association, or to the'lxays or Re¢utations,of airy
govemnenuil. auihority:, whether such reference be
specific: or by implicaudn, shall mean the latest
standard_ specification, manual; code or I.aws or
Rcgulhilorts in'cfteccat, the tune of opening ofBids (or,
On the Eff& ive Date of the Agrcimerd If there were
no Bids), except as may' be otherwise specifically
slated in the Contiaet Documents.
33.2. IC during the performance of the Work,
C6NrRAC'1'0R discovers any conllict, error,
ambiguity 'or discrepancy within the Contract
Documents or'benvem thc, Contras Documents and
any provision of any such LAW or Regulation
Applicable .to,.the performance of the Work or of any
such standard, specificatim' . manual rir code or of arty
CONTRACTOR shall report it, to ENGINE M, in
writing at once, and, CONTRACTOR shalt not
pioceed with the Wtxk affected therehy (accept. in an
emergency as authorized by pamgntph6.23) until an
amendment or supplement.to the Contract Documents
has been issued by one of the methods' irdicatcd in
paragraph 3:5 or 3.6; Pxovi reel however, that
CONTRACTOR shall not be diable to OWNER or
GNGINTZR for failure to report any such conflict,
error. ambiguity - or discrepancy unless
CONTRACTOR knew or reasonably shaxitd have
known thereof.
3.3.3: Except as otherwise specifically stated in the
Contract Dutxanents or as may be provided by
amendment or supplement. thereto issued by one ofthe
methods indicated in pamtgnitph 3.5 or -3.6, the
prtwisions of the Contract Documents shall take
prLcedence in resohFing any conflict,. ennui', ambiguity
or discrepancy between the piovisipns of the Contract
Documents and:'
3.3.3.1. the provisions of any such standard,
specification. manual: code,otInstmction (whether
or not specifically incorporated by relererice in the
ContnnctDoouments); or
3,3.32. the provisions of any sucli Laws of
Regulations applicable to the performance of'the
Work (unless" such an interpretation of the
provisions of the Contract Documents would result
in violation of stidi Lew W Regulation').
'.No provision of anysuch standard, specification, manual,
code or instruction shall be effective to change the duties
arid: responsibilities of OWNER, CONfRAarok or
I-VOLNEER; .or any of their subcontractors, consultants,.
agents or employees from those set forth in the Contract
Documents. nor shall ivbc effective to assign to OWNER,.
FNGiN'EF.R or any of•FNGTNFF,R's Consularhts,'agents or
employees any duty or authority" to supervise'or direct the
rumishing-. or performance of the 'Work or any duiy or
authority to undertake mponsibilitty inconsistent with'the
provisions of,pirngraph;9.13 of arty other provision of the
Cotitmct Documents.
3:4� Whenever in the C
ordered"„ "as directed", 'i
approved" or tuns of like
adjectives "reasormble",
or 'sitiafictory' or adjctsi
trod to describe a recto
jurlgmet ofT-:L\`GINEER a
such requirement, dfree tic
solely to evaluate. in gei
compliance with the requir
Contract Doc mems.and
concept of the completed F
raet Documents the terms "as
required", "as alhnved", "as
zcL or import arc used! or the
able", "acceptable "proper"
r of like effect or iml on are
meat. direction, review or
the Work , :it is intended t that.
review or it
will' be
il, the completed Work for
as a
with the .,desiett
is .a spo'cihc statement: iMitntirfg otherwise): The use of
any such term or adjeetiva shall not be effective tu.assign:io
UNGMER arty Jury ur authority to supervise or direct the
furnishing Li performance of the. Work or any duty or
authority to undertake responsibiliry contrary to the
provisions of paragraph 9.13 or any other prmisirm of the
Contract Documents.
:-lorenrfing and Supple'uenrinR,Contracl Dncummir
3.5. The Contract Documents may be amended to
provide tur addaiu=, daetions and revisions in the Work.
M. to mmav"the, terms aril conditionsthereof in one or
more of thefvllowing ways:
9:5.1., a,fbrmal'WdttcnAmcndmcnC,
3.5:1 a Change Order (pursuant to paragraph 16.4)4,
or
Uc'�Cc;6�til•3GV:.Cr�Nlh'n0.'vS i9w4 o9'10 Eitirivil
wiarnor•FOR rCOLLINS MOOt CAtIONstRz'•rrzodwi
3.5.3' a Work Change Directive (pursuant to
paragraph 10:1), -
-3.6. In •addition, the requirements of the C_oiaract
Documentsmay be supplemented: *and mince vsrialions
and deviations, in the Work may be a»thorizixi, iri•one or
more of the fellowinu av4s:
3:6.1-. A Field Order (purA=t to paragraph
3A2 GVGINEM'sapproval'ofHShop ihanyiLn;or
Sample (pursuant lo,paragiipbi 6;26 and 6.17). to
3,6.3: ENGINEER's written interpretation. or
clarification (pursuant to paragraph 9-4)
Reuse ofDocumenty;
3:7. CONTRACTOR. and any Subcohtraetor or
Supplier or other person or organimtirn performting or
frirrrisliirtg, any •of the Work under a. direct or indirect
cdrmnot with OWNER (i) shall not have or acquire any
tide to or .ownership rights N any of. the Drawings,
Specifications. or other documents (or copies of any
thercoQ�prelnred by or bearing the seal of h`NGINMR.or
ENOfi?FER's Consultant, and (it) shall Trot reitse: tiny, of
such'Diawings. Specifications, other documents a copies
on L&isions of die_Projcct a uriyothcr project without
wr. rttert cdnwrtt (if OWNER and ENGINEER and specific
written verification or -adaptation by ENGINE:F.R.
ARTICLE 4-AVAILABILITY OF1ANDS
SUBSURFACE XND PFrriICAL' CONDI'QQNS;
;RFFFRFA CF POINTS.
.: hailabiliry ofLanik:
a,l-, OWNERshallfurmsh.asthdiented,inthe Contract
Documents, the lands ,upon which the Work is' to be
performed, rightsof--way and easements. for ac&ss
thereto, and•such other lands which are designated for the
use of CONTRACTOR I:tpon reasonabl"Titun-requesk
OWNER shall iderildy arty encumbrances or restrictions
not of general application but specifically related to use of
lards so furnished v,iih which CONTRACTOR will hale
to comply in performing the 'Work. Eawments for
permanent structures or permanent changes in existing
facilities will be obtained and paid tie by-ol1NGR,unless
o thenvisc provided in the Contract' Documents, if-
CONCRACTOk and OWNER' are unable to ugce on
entitlement to or the amount or extent of any adjustments
in the Contract Price or the. Contract. Times as it result of
any delay in QWNER'a furnishing. these lands rtghtsof-
way aeasements CONTRACTOR may make a claim
therefor as provided in Articles I.1 and 1''_
CO,vTRACfOR.shall provide for all additiaxtl hinds and
mum thereto that may be required. for ,temporary,
construction facilities or storage of -materials and
equipment
?. SLbsurface and Plipical Conition4.
4.2.1. Repbid ivid Dtrrttangs.•. Referenec'is made to
the Supplementary Conditions for identification of:,
4.3.1,1. Subntifiwe Conelitiotu:. Those .reports of
explorations and tests of stubs face.ctmditimrs at or
otiguous.to the site that Have been-utiliied by
GNEER, in Preparing the Contract Documents:
and
4,2.1.2: Plryuical Cinch ions: Those drawings of
physicalconditionsin or relating to existing surface
or suhsurfaa sirucuues at Or con iguoui to the site
(except• Ilndciground. Facilities) that have been
unreal by ENGINEER in preparing the Contract
Documents
4,22s Limited ReNane by CO3V77t4C7rJR Aud*ioriced:
Technical .Data: CONTRACTOR -may rely upon the
geneml'accuracy of the "technical•'daia" contoured in•sucli
reports and drawings but such reports and dranwirip are not
Contract Documents. Such "technical data" is identified in
the Supplementary Conditions. Except for such reliance on
such "technical data"; CONTRAC'TOR may, not rely upon
or make any claim against OWNFER, ENGINEER or any of
ENGNUR's Consultants with.iespect to'.
422. f_ the wiriplctcness of such' reports and
drawings for CONTRACTOR's purposes,
including, but not limited_ to, at* aspects of the,
means, methods, techmquis sgquences and
procedures_ of concoction to be employed by
CONTR.ACTOR and safety precautions and
programs incident thereto, or
4.3:12, other data, inlerpretatiunts, opinions
and information contained -in such reports or shown
6r indicated in such drawings. or
42? 3. any. CONTRACTOR iiderpretatipn of
or conclusion drawn front=any'"technical dais" or
a�nyy such data, interpretations, opinions or
intormalion,
4.3:3. Nonce of D�ertng Sui5_mq*e or Pln•dcal
Caufitians:, if CONTiL4CroR believes that ally
sulsurfaceor physical comlitibn at or contiguousto the site
that is uncovered or revealed either:
4.2.3.1. is of such a nature_ as to establish that
andiy'Wdeal data' oft which CONTRACTOR is.
entitled to rely as provided in paragraphs 4:2_:I. and
4'.2.2_ is materially inaccurate. or
42.3.2., is of such a nature. as fa require a.
change in the Contract Documents. or
4'3_1, differs materially, from that shown or
ti.iCDC OENMU: CONDITION'S 19 iUS It 9w 6,stiml
wl CITY OF FORT C'OLLIM MoOific.- 10NS (REV 4Camt)'
indicated'in the Contract Documents or
4.2.14. is of an unusual.naturc, and differs
materially from- conditions ordinarily encountered
and generally. recognized as inherent ¢t work of
the character provided for in the Contract
Documents: then
CONTRACTOR shalL, promptly immediateli ;after
becoming aware thereof and before further disturbing
conditions affected thereby or performirtg any Wtirk in
connection therewith(e.�u:epl in en emergency as
permitted by paragmpM.23), notify OWNER and
ENGNEER in writing. about .such condition.
CONTRACTOR,shall nor further disturb such conditions
or.perform any Work in cortnectiou therewith lcrecpt as
afuresard) untitreceipt of written order to do so.
4.2.4. EVGI:VEER'' Re view? Eli tGLNEER will
promptly :review the peninent.condirions, determine the
necessity of OWNIER's'obtaining additional eaploratienor
tests with respectthereto rend,advise OWNER in writing
(with a copy to CONTRACTOR) of ENCTIN Ws
fi ndings and conclusions,
4.23: Possible Camract Documena. Change: If
ENGINEER conclude.% that a change in the Contract
Documents is rucluircd as a result of a ccndi6 n that meets
one or more of the categories in paragraph 4.2.3, a Work
Change Directive or a. Change Chder will Ire issued as
provided in Article ltt to, reflect and document the
cansc yutenees of such change,
32.6: Povible Price aul 'Times .44ustmemv.•. An
equitable ndlusunent in the Contract, Price: or in! the
Contract Timis, or both, will be allowed to the,extent that
due existence ofsuchuncrvrnd.or revealed condition
causes an ncrease or decrease •in CONTRe\CfOR'.t cost
oC or Lane required for perturmarwe oC the Work; subject,
however, to the following:
4.2.6.1. such condition must meet anv one or
more. of the catzgones described .in
paragraphs 4'.2.3;1 tfinkigh 4.2 3.:a, inclusive;
42.6.2: a rhmee in the Contract D&uffi w
pursuant 16 paragrapn, 425 will not tic tun
automatic authorization of nor n condition
preoxderil to entidement to arty such adjtistrinem;
42.63, withrespectto Work that, is paid for
on a. Unit Price Basis, any, adjustmem in Contract'
Price will be suhjed to the. provision; of
paragraphs 9; I 11 and 11.9', and
4.2.6.4. CONTRACTOR shall not be entitled
to any adjustment in the Cinuact Prica or'Tim-x
if;
4.^_.6:4.1: CONTRACTOR knew of
the cxistcm:c of such conditions at the
time CONTRACTOR made a final
commitment to OWNER in respect or
Contract Price and Contma'fimes by the
submission oC a bidor becoming bound
under a negotiated contract; m,,
4.2,6.4.2, the existence- of such
condition could reasonably. have . been
discovered or nwealed'its a result of,any,
examination, im•cstigatic ti explorali*,
test or study of, the site and contiguous
areas, requited by: the' ' Didding
Requuements or Contrust Documents to be
conducted by or for CONTRACTOR prior
to CONTRACLOR's making such foal
commitment; or
4.?'6.43. CON'rRACI'OR failed to
give the'w•ritten noticewitHn the time and
as rNuued by paragraph 4.2.3.
If OwNi ER.and.CONTRAG.'TUR are unable to Agee on
entitlement to tit as to the amount or Icr th of any such
equitable sdl ustmerlt in the Contract 'Rice or.'Contract
Times, a claim may be made therefor as provided in
Articles It and 1-2,. However,.O% iNHI , FCOMEER and
ENGID[r'FR's Caisulnnts shall not be liable to
(Y)NTRACTOR far any claims, cost% losses ordamagm
stffiaine by CONTRACTOR -on ar'in amncctioiYwith any
other project or. anticipated project.
43. Phydcnl'Conr66ons-Underground. Facilities:
4.11.. Shaun orh0cated: The in&xmation and data
shwn or indicated in the. Contract' Dohimenii with
respect to •existing Underground' ,Facilities at or
contiguous to the site is hosed on infoniation'and data
Tumished to OWNER or ENtiIN ER by the owners of
such Undetgronuavl_Facilities .or•by others. Unlms itis
a.. crtvisc- crpressly provided in the ,Supplernemary
Conditions:
43:1.1. OWNER and ENGINEER shalt not he
responsible for the accuracy ou conipleteness of any
sueHihfwmation or data: and
4:3.1.2, The cost of all'of the following will be
included in the Contrci priceand CONTRACTOR
shaall have full respi.insibility'for: (i) reviewing and
checking all such information and data, (it) locating
all Underground Facilities shuvvnor imlicatedin.the
Contract Documcnis,(iit) cdorduiaticn of the Work.
with the owners of such Undergrotad Facilities
dhring eonstnrctiorn and, (iv) the safety, and
protection of all such. Underground Facilium as
provided' in poragaph 6.2n and repairing any
damage thereto resulting from the Work.
4j'.2. :Vat Shoan•urrleroicaled: if an Underground
Facility is uncovered or re°Csled.at or contiguous to
the site which was net shown or indicated in the
Contract axummts. coiNrRAcrok shall, promptly
immediately ader becoming mvare thereof and before
further disturbing conditions alfecled thereby or
tvrforming any Work in connection therewith (except
in an emergency as required by paragraph f.23)..
identify the owner of such Underground Facility and
FJCOCGh'NE741L CONUt'n0.�`{.191 aE (t r)i! E�itiml
wi are or rotor Cncurs MouunCAnorrs JREV dn_mw)
give written notice to that owner and to OWNER and
E,,jGrrvT3CR INGINELR will pnimpily review the
Underground, Facility and determine the estent, if
any, to which a change is required in the Contract
Documents to reflect and document the consequences
of the, existence of the Underground Facility; If
ENGINEER concludes that a•rhange in the Contract'
Documents is required. a Work (.'hinge Directive; or a
Change Order will be issued as provided in Article 10
to reflect and document such consequences. During
such time. CONTRACTOR shall be responsible for
the safety and' proiecUon of stich Underground
Facility ace. provided in para$mph6:'_ii.
CONTRACTOR shall may be allowed an increase in
the Contract price or an extension of the Contract
Times, or Birth, to the event that they arc attributable
to the existence of any Underground Facility that was
not shown or indicated in the Contract Documents
and'Ihat CONfRAf_TOR'did not know of and Could
not rcasunahly have been expected to be;nware of or
tohave anticipated If OWNER' and CONTRACTOR
are unable to agree on entitlement taor the nniount or
length of'any such adjustment in Contract :Price or
Contract Times, CONTRACTOR -may make a claim
therefor not provided in Articles I I and 12. However,
OWNER, F.NGNEFR artd ENKINEF.R's
Consultants shall not be liable to CONTRACTOR far
arty claims, costs lossizs. or damages incurred or
sustained by CONTRACTOR tin or in connection
%6th'anyother projector anticipated projccL
Reference Pointe•
3.4. OWNER shall provide engineering surveys to
establish, reference points. for construction which in
ENGINEER's judgment are necessary to enable
CONTRACTOR to, proceed with ' the Work;
CONTRACTOR shall be respott% a for laying.out the
Woirk:: shall protect and preserve the estAlished reference
points and shall make no c iatges or relocations without
the prior written approval of OWNER. CONTRACTOR
shall report to LNGINMER wheneva any reference point
is lost or. destroyed or requires relocation because :of
nccessry charges in gradts or locations. and shall be
responsible :for the accurate replacement or relocation of
such' reference points by professionally gwilified
persorinel. .
4.5. A3&nlos, PCBs, Petroleum, Hazardous Waste or
RnQrptctive Material:"
4.5.1. OWNER shall be responsible for any
Asbestos, K'Bs,. petroleum, llaznrdotm Wseae or.
Radioactive \laterial'uncovered or revealed at the site
which was not shown or. indicated in Drawings. or
Specifications or identified in die' Contract
Do;timinls to be within the si:ope of the Work ands
which may present a substantial danuer to persons or
proppe�ie ty xpCued thereto in connection with the Work
ut tlx site, OW`NM shatl`not.be responsible for arty
such materials brought to the ''Site by
CONI'RAC'fOR, Subcontractors Suppliersor
'anyone, else for whom CONTRACTOR is
re,sponsible.
ARTICLES BONDS'r NIUNSUR4NCE.
Performance. Payment and Other Bonds.
5.1. CONTRACTOR.shatt furnish Performance and
Payment Boxts, each' in an amount.at least equal to the
Contract Price as xZ-urity for the faithful pafurmanw and
paymeni. of all CONI'RACCTOR's obligation under the
Contract Duwmeias These Bonds shall reniaih in effect
at lesst until We year ettef the tote when rural pa)Tnrnt
becomes due, except as provided otherwise; by Laws or
Regulations or by the ContractDo uments.
COWRAcroRsholl.also fomish such. other Horuls as
arc required by the Supplcmemmy'' Conditions. All Bonds
shall be in the Comm prescribed by, the Contract Documents
ccupt as Provided otherwise by Laws or Regulations and.
shall be exceutal by such sureties as are maned in the
current list of "Companies Hnldinngg. Ce tiricatLs of
Authority as Acceptable Sureties on Federal BonJ s and as
Acceptnble Reinsuring Companies" aspublished in
Circular37p (amended) by the Audit Staff. Bureau of
Goverrnnem Firmneial Operitiorts, US-:1'reasury
Department All Bonds signed by an agent must he
accompanied by a catified copy -of such agent's authority
to act '
52. IC. the surety on any Bond fi hished by
CONTRACTOR' is declared a bankrupt or becomes;
-insolvent or its right to do fnuiriez is termirinted in any
stale: where any part ofthe;Poject is lacatcd;or it ceases to
meet ilie'requirements.of paragraph 5.1, CONTRACI'QR
shall within ten, days_ thaeaQcr substitute. another Bond
and suray,both ofwhkh must be acceptable to ORTIF.R.
5.3_ Licensed "Sureties and ren; Celificu[es of
.lnsumnce.•.
53.1. All Bonds and innurancc required by the
C60tract Documents to be;purchawd and maintained
by MWER or CONTRACTOR shall be, obtained
from surety or insurance companies that are duly
licensed or atahorirtd in the J6 sdiction in which the
Project is,Imatedto issue -norms or insurance policies
for the limits andcoveragrsso rtgtftred Such-
surety
and'insurance cariparues shall also meet such
additional requirements and qualifications may be
provided in the Supplementary.Conditidns.
NTRACTOR 'shall deliver, to O %\N
rho each additional'insurod identified in the
Lary.Ccm(litions, certificates of immanix
r evidence of insurance requested by
or any. other additional insured) which
net.intended to apply to
EJCDCO8NERAL coNtynom i9to-s w99v Editiml
fire CITY olr FORT Cuter vraOMC.A'HONs(R-LVA2alpn
COATRACTOR's Liability Insurance:
5.4. CONTRACTOR shall purchase and maintain such
liability and other insurance as is appri late Car the Work,
tieing perforated and furnished. ad as will. provide
protection Crum claas.set forth below which may arise out
of or result from CONTRAGIOR's_ perrormanea and
furnishing of the Work and CONTRACTOR's other
obliumtions under the Contract Documents whether it is to
be peKmned or furnished by CONTRACTOR, any
Subccn&actor .or Supplier, or . W anyone directly or
indirectly employed by an ,of them to perform or Furnish
any oC the Work, or by anyone tar whose acts any of them
may heliablet
5.4.1. cleans under workers' wmpCnsution disability
benefits and other similar employee benefit acts:
5;4:2: claims for damages hcmuse of hcclily injury
occupational sickness or disease. or death of
cor,rf RAC rOb's employees;
5A.3: claims for damages because of bodily injury,
sieknesa.or discise,.or'death or any peraonother than
CONTRACTOR's cm
ploycis
:irt:J'-cla ana-for-tlamagea-insured-Hy-tustomitry
...
indireetly related-tit-timemploymterit-ri .%tic ierinrtby
ether-reasatk
5,45. -claims for damages_ other than to the Work.
itself because of iitjury to or destruction of tangible
pr6pgrty wheraver; locmat_ed, including loss of ,use
resulting therefrom; and
5.4.6. claims for damages because of bodily injury or
deitth of aq person or property damage arisini out of
the ownership, maintenance or use of arty mats
vehicle.
The policies ofirmnitice so required by this,pamgraph 5.4
to be purchased trial mainminacl.shall:
5:4.7. with respect to inmrance required by
paiaina* 5A.3 through .5.4.6 inclusive and 5.4.9,
include at. additional insureds (subject to any
customary ejxiii6sitin in, respect of prof..ssiorial
liability), OWNhEIL ENGINEER, ENGINEER's
Coiryiltams and any other persons or emititi identified
in the Supplementary Conditions..all of whom shall be
listed its additional insureds, and include coverage for
the respective officers arid -employees of all such
additional insureds;
5.4.4. include, the specific coacrages and be; %Tilten
for not l6z than the limits of liability provided in the
Supplementary Cowlilions or required. by. Laws or,
Rcgulations,'ivhichever is greater,
5, !). include completed oremtions insurance;
FJC"UCUh'NtT4V:,CONUI'OOhS 19111-y (I7J11 Eililiu�l
a/ C]'R' OF FOR'r COLLI66 \10011r IGTION9 (MI.12a1R0)
5.4.10. inclucle contractual, liability insurance
covering CONTRAC.TOR'i indemnity obligations
under paragraphs 6.1 2� 6.16 and 6.31 thiough 6.33;
i.4.1I, contain a provision or endorsement that the
coverage alTurded will not be cancelled. materially
changed or, renewed refused until rit lust thin, days
prior Written notice has been given to OlAq tR and
CO,fRAC-r0kand to each other additiorml insured
identified in the Supplementary Conditi6ns. to whom
a. certificate of insurance has been `issued (and 6c
canifieates of .insurance furnished by the
CONTRACTOR pursuant to para6raph5,3.2 will w
prcJide)•_
5.4.12. remain in cirect at least until' final payment
and at all times thcreaflu whenCONT RACTOR may
be corrcctirwe, removing LT replacing ckfeyive Work-
in accordan6P with paragraph 13:12: and
5.4,13; With respect to completed operations
insurance, and any 'imuraace coverage written, on. a
claims,made hasis, remain in effect Ile at lease two
years after final,payment(1nd C0NfR:1C1•OR shall
furnish OWNER and.cach other -additional insured
identified_ in the Sulitlementary Condidt)ns'to whom.
I certificateor insurance fins lien issued evidence
satisfiictory'to OWNER and any inch additional
nsurcd of continuation of such insuuancc at final
payment and one year thereafter).
0ii4VE17'.s Lia6iliry Insurance:
5.5. In addition to, insurance required to be provided
by CONTRACTOR under pam&mph.5A, OWNER at
OWNER's option may. purchasetmd maintain at
OWNER's ccpense OWNER's own liability, insura
nce as
will protect O WNER against Maims Which may arise from
operations under the Contract Doeumerim
PropeM, Insurance
>6.—Unless-o[herwise-fsuyidetl�-in-the•Supplemenlery
Corditims-OtWCp�shnll. our lm'se-Weal-mnintah
property-
iiisuranL't-npe-W.
i>Ftha-Cu}I-raplacenient-cost-ttxre+of- (ybjea-to-stick
dexhictitde-Nmcwms-as-mey-ba-pwvitlad-in--the
Supplementary-6onJitioris-or-required-br-L• a w9-an�
Re rula[ions�TFus litsuranea•sha Ira
5:6:1-include-the-intere5ts-o1=4DW NER,-
62:F.F�:EEI�
-6t�IF:ktiE6P's-Ctaewkants-arid-tin) pease OF
. entities-idantifed-in-lhn-SuppkmantNry-Fontli[ions;
each-oGw}Idm-is•tkemeJ to havrarrimurnble-imerest
and-shall-tio-listod us Nn-17LSlneRt or-atklitiunid,insured;
46:2:-•bee; writteie-un-a-l3uiklefs-Risk=all-risk=or
gp�auloss:Y-ferm-EhNt
sl>al1-Nt=kest-wehtda-intizirttnet�for -pliyq:A,J kess�r
dinnagrte't}ie,.Work-tzatt?areq�L. to r>b'• lal9ewarle
NRd-WBFk-if1-FfNiGli-Nod-S�B{i- lFf2-M-1st-NFice
Si
tbed=iFlitowtng-pNkls=iff�ltghe:,t�-�i'tandhi
ke=tsllepx=dr6rt�ramev4, flvnelitien
eue on
wa We I m ulh,ff i�-mffy .60
----
-i.ti3—irrelDdr��eFerees-irxwrred-in-tqc-rzpsir or
to 4 �-mms and
the site
&,at-AnwheF locatitm- that-was-awed ta-it} writ ine-hy
PW
bv-&NG4NEER.-HW
made- 11 le-SFP-- ffv-wFiting-4*-
OVA, C-11-01-1. mml w
'wdfwwa his -keen
5.9.. OWNER shall not be: respcmible for p=hasing
and maintain4 any propeny 4miance to proted the
interests of CONTRACTOR Subcontractois or,otllirs in
5:1 Q-102014TRAC;Fok- -it-writhe"thcr
R4 5peU-iMFWWdbt �M: * ,
paw* i OF 54, GIV��
-_---ible, weh-4mu e eeA
-0i T
&)CDC OENERAL COINUMOM 19 M-S 1199U E(Stim)
111 ivtci,ryolil;ORT(IOLLINS-NICOLPIC..\*riC)NSIRL\',100(N1)'
theni-forv-
5,11 1" due t�
loss,ofm-datnagL—to-the- cmpkted
Ptei weriseft allt,Gf BF
perd-oovered
ly,- Ei )L.-ppaNF1-- irva ninu m inlaimett-M-4he
centpk cI--M_:_i--er-part-t{xsru!'-bE`-E11u1+TElk
du —portiUl—uiiii;lttiOn= rd pUrSUa—tO .
by QW_�MR'Uey
1, rg wi 4,
ttir:ovta'v-ogoirsF@nvwf-GOyf F&l6f 0[�Sub:untrucairs:
flirts .
.Receipt and4ppLicadan ojlnvrmrtee.Proceetty
5.12. Any iimsured loss under the policies of insurance
required by.pamgmphs5,6 snot 5,7 will be adjusted with
O)VNER and made, payable to Ol1TIER as tiduc ail Tot the.
insureds as they .interestsmay' appear, •subject to the
.requirementsof airy applicable, marts e,e clause: and of
paragraph 5.13. OWNER shall; deposit in a separate
account any moecy so received; and shall distribute it in
accordance with such agreement as the parties in interest
may reach: If no ether special agreement is reached the
damagcd'Work shal l.berepsnrcd or reptaced, the moneys so
received applied on aabtmt thereof and the Work and the
cost thereof covacd by an appropriate Change Order air
Written Amendment.
5.13: OWNER as fiduciary shall have poser to adjust
Find settle any lass .With the• insurers unless one of the
parties in interest shall ohjact ar.writing within fifteardays
after the occurrence of lass to OWNER's.eicereise of this
power. 1f such nbjcctiomI, made, nWNER has fiduciary
shall makesettlenieht with the- ,insurers in accordance With
such agreement as:thc parties in interest may- .re-ach'Ifno
such agreement among the•parties in _interest is reache(,.
0%1N, R,as fiduc cry shall adjust arttl settle the losswith
the. insurers -
"interest-9lL'<'vEF��— tdusier}�skm41—give-hc-tnd=for—the
•4ceepanceofRondsand lnsu ce;Option toReplace:
5,14,
OWNER has any objcctiorr tO the aiveragcraffordcc! by it
other provisions•of the. Bonds-oE;insurance required to be.
cordanee with Article 5 ondme basis
with the ContractDocuments. the
Partial Udli:atran—Property lnsimance:
5.15. 'If OWNER Grids it necessary to Occupy or use a
portion-, or portions of the Work prior to Substantial
'UC'OCtihrE7GV..GOti171T10tvJ 191"(090EM41)
wl Q'n OF FORT' COLLIh.S :\tOO1PICATIOPI$ (REV.I/2000)
Completion of all the Work :such use or occupancy may
be accomplished in accordance with paragraph 14.1&
cvided that no such use or occupaney wo shall' cmenee
ore lhe'tnsurers providing the pR1pC(t}'"aLAlrarlLY have
ue6owledged -notice thercrof and in writing effected any
chanties in'coverage necessitated thereby, The inidram
providing the property insurance shall consent by
endorsement on the. policy or policies, but the. _ MX,F1y
insurance shall nut,be•cancelled or permitted to lapse on
account of uny such partial use or occupntwy..
AMFICCE 6—CONTPUkCTOR'S
RESPONSIBILITIES'
,Sapervidon 6ndSlyierinteaderrce:
'6. 1. CONTRACrOR shall supervise,. inspect and
direct the Work competently and efficiently, devoting
such attention thereto and 'applying, such -skills and
expertise as, may be necessary to perfona the Work in
'nccordance with the Contract Documents
CONrrRAC.TOR :shall he sotely regnnsihic fci the means,
methods, techniques, segbence.i and procedurEs''of
conetruch6n,:hot CONTRACTOR shall not be responsible
far the negligence of others in the design or specification
of a specific nears, method, technique, seyiien:e, or
procedure of construction which is shown or indicawd in
and expressly required by the Contract Documents
coat-RACTOR shall.'be responsible to see that the
completed Work complies accurately with the Contract
Documents.
6.2. CONTRACTOR slmU keep on the Work at all
times during its program a competent resident
superintendent who.shall not.be replacedwithout written'
notice- to OWNER and ENGQv'EER except under
extniordinary e'ucumsances, The superintendent w81'be
C,ONT,RACTOR's.representa0c at the sitearid shall have
.authority 'to ad on, khalf of CONTRACTOR All'
communications to the superintendent shall be as binding
as ifgiven to CONTRACTOR
La6ar, illaterials'and Egaipment..
6.3. CONTRACTOR shall, provide competent,
suitably qualified personnel to serve)', lay •oiit acid
construct the Work as , required by the- Contract
Docurnenis. CONTRACTOR' shall at all times maintain
good discipline and order, at the site. Except us otherwise
required forlthe' safety or protection of persons or the
Work Or property' at'die Site or adjacent thereto. and
except as otherwise indicated in the Contract Dtit:umenti.
all Wick_ at the site shall be perfoured during•retiular
working hours and CONTRACTOR will not. permit
overtime work or the performance of Work: on Saturday;.
Sunday or any legal holiday without OWNER's written
ximenI givemafter prior written notice to BNGL'cIEER
CONTRACTOR' shall submit reguesls to the ENGFN=
no less than 48'hours.in advance of any Work to be
performed on Saturdav: Sunday. Holidays or outside the:
Recply Working Hours.
6.4: Unless otherwise . specified in the General:
Requirtm eriLs; CONTRACTOR shall'furnish and -assume
full responsibility for all materials. equipment, labor.
trarnportatior> construction ,equipment and machinery,
tools, appfiartces, fuel, power, light. heat. telephone; water:
sanitary facilities temporary 'facilities and ,ell other
facilities and' incidentals necessary. for'ilx fornishing,
performance, testing, start-up and completion bf the Work.
6:.1. ['arches r ¢ Restrictions CONTRACTOR
must t: Ic wit the Cib's purchasing restrictions, A
cttpy of the resolutions are available for review in the
offices of the Purchasing and Risk Manti2ement
Division or the'City Clerk's office..
6.3,2. Cement -Restrieiorts! 'City of Fort Collins
Resolution 91-121, requires that suppliers and producers
of cement ar pntducu cpntainirte cement to certiN that
the cement was not made in cement •kilns that, burn
hazardous wave asa fuel
6:5. 411 materinls and equipment shall tee of goo6
quality and new, except as otherwise• provided in the
Contract Documents, All' .warranties and guarmntees.
specifically Calledfor by the Speeiricatioru shall: expressly
run to the Nnefutof OWNT3R: If required by'ENGTNEFR,
CONTRACTOR. shalt furnish satisfactory evidence
(including reports of required tests) as to they kind and
qualiq; of materialsand equipment. i'Ul' materials and
Wment shall he applied, installed connected, ereet4
clearted and conditioned in aocordrince with
instructions of.the applicable Supplier,.wi&pt as otherwise
provided in the Contract Documents.
Progress17chedwle:
6.6. CONTRACTOR :shall adhere to the progress
schedule established in accoxdattce vvith paragraph 2.9 as it
may be adjusted from tune to time ss provided below,.
6.6.1, CONTRACTOR shall submit to ENGWEER
for acceptance (to• the extent .indicated in
paragmph 2.9) proposed adjustments in the progress
iacfieohlle Hitt-vvi11 not change the-Contmct Times (or
Milestones). Such adjustments will conform generally
to the progress schedule then in effect and addifionally
will' comply with any provisions of -the Oo6emi-
Requirements applicable thereio.
6.6.2. Pr adjustments in.the progress schedule,
thin will � the Contract Times (or Klilestones)
shad be submitted in accurdance with the ieiluvements
of tnmgraph 12.1. Such adjustments may only be:
made by a Char* Order or Written Amendment in
accordance with Article 12.
6.7. Subaritutea• and "Ur -Equal" Itenirk
6.7.1. Whenever an item of'maler`iai or equipment is
specified oi' described in the Contract' Documents by
using the name of a ptupr etary item or- the name of a
Intocular Supplier, thespecificationor descriptiort.is
intended to establish the type, function and.gia fity
required Unless 'the spec6cation or description
EA1)CUE`MAL COM)rn oN5 uII)-.oly9a Edition)
wr CITY or FORT 0_1WM MCCIP A'RONS/Rt'V412000t
contains or is followed by words reading that no at,
equivalent or "or -equal" :item or no suhvitutirat is,
permitted; other items of material fir equipment or
Material or equipment of other Suppliers may be
accepted by ENGINEER under the following
circumstances.
6.7.1.1. "Or -Equal" If in ENGINEER's sole
discretion an item of material ur equipment
propereJ by CONTRACTOR. is functionally
equal to that _named and sufficiettly.similar so that
no chergein rclaieil Wurl: will'be required, it may
be considered by FNG[NEER'•as an "ortqual"
item, in whidi•case review•and approval of'the
proposed itemmay,.. in FNGINEER's sale
discretion,be accomplished without compliance
with some or all of the requirements. for
acceptance of pnTx=d,substitutc items.
67.1,2. Substitute /rem,. If in ENGINEER's sole.
discretion an item of material or equipment
proposed by CONTRACTOR floes not qualify as
an "or -equal" item under subpanrgraph 6.7a_1,.it
will be considered a proposed substitute iicmr
CONTRACTOR shall surhiriit sufficient
information as provided helow•• to allow^
FNGTNF,ER tp determine that the item of matciial
or equipment proposed mcssentially equivalent to
that named and an acceptablc.substirutc therefor.
The procedure for review by the E•N40N&6R will
'include the 'following as supplemented in the
General Requirements acid as ENGINEER' may
decide is appropriate under the circumstances
Requests for review of proposed substitute items
of material or equipment will not be accepted by
FNIMNEF.R from anyone other then
CONTRACTOR If CO\`TRACTOR wishes to
famish or use a substitute item of material fir.
equipment, .CONTRACTOR shall rust make
41ttehapplication to ENGINEER for acceptance
thereof, certifying Char the proposed substitute will
perform adequately the Functions and achieve the
-
resultscalled for by the general design. -be similar.
in substance to that specified and be suited to the
same use us that specified The application will
state the extent, if any, to which the evaluation
and accepijince of the proposed substitute will
prejudice C0NTRtkC`,0R's achievement of
Substantial Completion one time, whether or not
acceptance of the substitute for use in the Work
will .require a charge in .any of the Contract
Documents. (or in: the provisions of any other
direct contract with OWNER far work on the
Project) to adapt the' design to the. proposed
Substitute and Whether or rot' incorporation or use
of the substitute in connection with the Work is
subject to payment of any license fee or royalty.
All viiria(ions of the pruposed substitute from that
specified will be identified in the application and
available maintenance. repair and replacement
service will be iialitated The application will
also contain an itemized estimate of all costs or
credits that will result directly or indirectly from
acceptancc of such substitute. including .costs of
redesign and claims of other contractors affected
by the restiltirg ehange, ; oU of, whiidi wiU be
considered. by ENGINEER in evaluating the
proposed substitute. ENGINEER may require
COty'TRACTOR to furnishi additional data about
the propcsed,subs-tiiute. - - -
6.7.1.3. COMR4C7OR'i Expeirse: All data to be
provided by CONTRACTOR in support of any
proposed ?or -equal" of substitute item will be ;at
CON PAcTORse.�.
6.7.2. Sub wwfe Canlmctlun A--lalhc & or
Fmceduras: If a specitie means, mcthod.techniglte,
scqurnce or procedure. of construction- is s}toitm or
.indicated in .nnd ekprecely requiredby the Contract
Docuniems, CONTRACTOR may famish or utilim a
substitute meam medaxl teclvtiyue. sequence .or
procedure of constriction acceptable to ENGINEER.
CONTR\CTOR'sliall submit su(liciisrt information to
allow ENGINEER- in ENGINFER's sole discrction,.to,
determine"Uiat,the substitute proposed is equivalentto
thatcVressly called for Iiy.the Contract Documents.
The Pi&cdure far review by :ENGINEFR. will, he
simfilar to that pmvided.in.subporagrnph 6.74,2:
6,7:3. Engine✓s F,valual M.,,1 �F,NGINEFR, wilh'be
allowed a. reasonable time within which to evaluate
each proposal or submittal made_ pursuant. to
paragraphs 6.7.1.2 and 6.7,2: f JUNEER will be the
sok" lodge of acceptability,, No "or-c" qual or
substitute will he orderad,'insmlied or utilized without
FNGINF.ER's prio` written acceptancc,which-will be
evidenced by either a Change Order or an approved
.Shop Drawing. ()IVNER may. • require.
CONTRACTOR to furnish' at CONTRACTOR's
expense a special perforimnce,guamntee or other
surety with respect to any "or-cqual" or substitute.
ENGINEER will record time required by
04GMER .and ENGfiNTER's Consultants in
evaluating 'substitutes' proposed or submitted by
CONTRACTOR pursuant to paiagraphs,67;1,2 and
63:2 and in making chanpcs " in the Contract
Documents (or in the provisions of any other direct
contract with OLVNFR. for 'work on the. Project)
occasioned thereby, )\Mather or not ENGINEER
accepls'a s6bstititte item so proposed'or submitted by
CONTRACTOR: 703fACTOR shall, reimburse
OW -NE R for the charges of ENGINEER and
ENGINEER'S Consultants for cvaluati.Ig each such
proposed substitute item:
6_8. Cunceming Subcuntmdom Supplier- and
Dlhers:
6.8.1. CONTRACTOR. shall not .employ' any
Subcontractor, Supplier or other person or organizatiom
(including, those acceptable to OWNER' and
IENOINEER as indicated in paragraph 6:8:'3), whether
initially or as a substitute, ugainst whom OWNER or
GNGINEER mxv have reasonable objection
CONTRACTOR stall not be required to employ any,
Suhcontractor_ Supplier or ether person or, oraaniiatian
to famish or perform any of the Work against wham
CONfRAC-I'c,1R has reasonable objection.
WQXNANFRAL,CONDIMINS 191U4 (19')(1 Editimi
W/ CrrY OF FORT COLLINS MODIFICATIONS i.KLV-12i1W)
6.9.
CONTRACTOR 'shall cerform not less than 20,
percent of the Work' with its own forces (that is.
without subcontracting): The 20 percent requirement
shall be understood to refer to the Work the value of
which totaLs not less -than 20 percent of theContract
Price.
G:8.2 If-tha Sulipkmeatary—Gonilitions Biddutg
Documents require the identity of certain
Subcontractors. Suppliers or other persons or
otganirstions (including these who are to furnish the
principal iiems of materials 'r equipment) io be
submitted to OWNER, in• advance -of -the-- pecified
date prior to the Effective Date of the Agreement for
acceptance by, OWNER and hNGINI EP -arid—if
MIN F.R's. or; ENGINEER's acceptance (either in
writing or by failing to make tvi iitcn objection thereto
by the date" indicated for acceptance or objection in
the bidding documents or the Contract Documents) of
FNGTNF.ER ofany such Subcontractor. Supplier or
other perrAm or organization shall constitute a waiver.
of any right of OWNER,or ENGINEER. to icject
ok,reerive Work.
69.1. CONTRACTOR shall be fully retiZxmsible to
OWNER and ENGINEER for all acts and ciatissions
of the Subcontactors, Suppliers and other persons
and crganiattions performing or funtishing any of the
Work under a direct or indirect contract with
CONTRACTOR just as CONTRACTOR is
responsible for CONTRACTOWs own acts and
omt issions. Nothmu. ire the Contract Documents shall
cieate for the benefit of any such Suhcoriiractor.
Supplier or other perst'm or crgttriizRtion any
contruoual relationship between .OWNER or
ENGINEER and any such Subcontractor, Supplier or
other person or orgunizatiort nor shall rit create .any
obligation on the pan of OWNER or.ENG,NI MER to
pay or to see to the payment of any moneys duc any
such Sufi untiact6r, Supplier or other person ix
organization except as may otherwise be required by
Laws and Regulations. MAP or PING INElA gigy,
furnish to any stihcontractor, supplier or other person
or organization eviclenoe .of amounts paid to
CONTRAC;I'OR in acconcbme. with
CONTRACTOR'S "Applications for Payment".
13
SECTION 00100
INSTRUCTIONS TO BIDDERS
6,9,2. CONTRACTOR shall be solely responsible'
for scheduling and coordinating, the 'Work of
Subcontractors. Suppliers and other persons and
organizations perkmig or furnishing any of the
Work under a direct or indirect oontract with
CON'fRa(,TOR. 'cONTRACTOP shall require all
Subcontractors. Suppliers, and such other perspns and
organizations performing or fu'riashing any of the
Work to communicate with the• •LTG rIN — through
CONTRACTOR-
6. tfr The divisions and sections of the Specifications and
the identifications of anyy Dmuinp shall not control
CONTRACTOR in dividing the Work among
Subcontractors or Suppliers or delinenting the Mork to he
performed by any specific trade;
6.11. All Work performed for CONTRACTOR by a
Subcontractor or Suppficr will be pursuant. to an
appropriate agreement between C.ONTRACTOR.and the
Subcontractor or Supplier which specifically Binds the.
Subcontractor or Supplier to the applicable terms and
conditions of the Contrast Documents, for the benefit of
OWNER and PNORNIEER. 1^ e n •iaha cement
Parent Fees and Ruvalties:
6,12, CONTRACTOR shall pay all lieense fees and
royalties and assume all costs incident to the use, in the
performance of the Work.or the incorporation in the Work'
of any., invention, design, process, product or device which
is the subject of pauni rights or copyrights held by others:
If a particular irwention, desigri, piocess, product or device
is specificd' in the Cortmcl Documents for use in the
performance of the Work- and if to the actual knowledge of.
OWNER or L!OINIMR its use is subject to patent rights
or copyrights calling for the payment of any license fee 4
royalty to others; the existenceof such rights shall be
disclosed by -OWNER- in the ContractUoeuments. To the
fidlest extent permitted by Laws and Regulations.
CONTRACTOR shall indemnify and hold harmless
OWNER. ENG[YEER,ENGINEER's Consultants and the
officers, direaors, employees, agents and other consultants
of each and'any yl diem from and against all claims, costs:
es .
lossand damages arising out of pr resulting from any
irdiirgcracnt of patent rights or cop'
incident to the:
use to the performantx cf tht: Work or resulting from die
incorperatiun in. the Milkk of atiy invention; .design
process, product or device not specified in the Contract
Documents:
I� 6KDCt3ENM%L CONDMOM 100-s O f)9Q Editioal.
w/ CITY Olt PORT COLUM MODIFICA'RONS (PLEV a 20el)t
Perarits:
6..13. „ Unless otherwise pprrovided' in the Supplementary
Crnd from CONTRACTOR shall obta n and pay rota 1
cosst union permits and licenses. OWNER shall assist
CONTRACTOR when necessary.. in obtaining such
permits and licenses. CONTRACTOR' shall pay all
goveirtmental charges -and inspection fees necessary.for
the piusecution of the Work, which arc applicable ;at the
time of opening of Bids, or,. if there are no Bids, on the
Ellectit;e Data pf the Agiiement. CONTRACTOR shall
Fay all charges of utility for connections to the
Work, and OWNER shall pay ell charges of suchutility
owners for capital costsrelated thereto such as plant
investment fees.
614.. Laws and Regulations:
6,14.1. CON'rRACTOkshall,bivccall'ndices.'and
coInn p)yy with all Laws and Regulations applicable -tor
ftirnishing anlpa'funntioce of the Work. E.,ccept
where otherwise P_xpressly required by applicable
Laws and Regulations; neither, OWNER nor,
ENGIrNFER shall be responsible fir monitoring
CON'r1RACTOWs compliance with any L.Avs or
Regulations;
6.14:1 If CONTRAMOR performs any Work
knowing or hming reason to know that It'
is contrary
to laws or Regulations, CONI'RAG I'OR'shall bear
all claims, costs, losesand damages caused by,.
'arising out o(or resultinc thcrcff6M;;hotvever, R.-Sall
not be CONTRACTORs primary responsibility.to'
make certain that the 5pa:iNations end Drawin s arc'
in necordanu: with Laws and Regulatinnq but this
shall not relieve CONTRACTOR of
CONT'RACI'OR's ottligatipns'under paragraph 112.
Tares:
6.1 , CONTRACTOR shall ply ell sales, consumer•
use and other similar takes required to be "paid by
'CONTRACTOR in. accordance with the ,Laws and
Regulations of tha place of the Project which arc
applicable during the performance of the Work.
6.15.1. OWNER is exempt f dm Colorado State and
.load sales and use taxes on materials to .be
permanently incorporated irao the'goimt. Said takes
shall not be included in the Contract Price.
COMrRACR* must apply for, and receive, a
Certificate of Exempt .fmm the. Culomdo
Deoartmera of Revenue for constructiun materials to
be. hysiatlly incorporated into the.. prujau This
Certification of Ekemjtion arovides that. the
CONfR\CTOR shall neither jay nor include in his -
Bid Sales and Use Takes on thox buildmg":and
construction materials physically incorporated into
the proiecl.
Address:
Colorado Department of Revenue,
State CanitafAnnek
1375 Sliennan'Strei .
Denver Colorado .M261
Sales and Use Taxes for the, State of Colorado.
Regional Transportation District (RTD) and ,certain
Colorado counties are collected by 'the State of
Colorado and' -arer included. -in the Certification. of
Exemption.
All apol cable Sales oral Use Taxes-(inolud m State
collected uLees). c, env "items. other than construction
and buikling materials phis cally-incorporated into the
project are to fe paid ln'CON'I'RACTOR and are-vi
fx included in appropriate bid items.
Use of Prentisza:
6.16. CONTRACTOR shall confine construction
eyuipmem. the storage of materials and equipment and the.
operations of workers. to the site and -land and areas -
identified in and. permitted by the Contract Doiuments,and
otherlandand areas, permitted,p). Ln%vs and Regulations,.
righm,of-wav, 'permits .and cascnncrrts, :and shall riot
unreasonably encurnb 'the premises with construction
equipment or "other materials or equipment
CONTRACTOR shalt'assumd full responsibility for any
damage, to any such land or area, or to the owner or
occupant thereof or of any adjacent land or areas, resulting
Gom the rperformancee of the Work. Should any claim be
made, by any such owner or occupant because of the
perfomiance'of.the Work, Coi ',rPAC'1'OR--shall promptly
settle with such other party by negotiation or otherwise
resolve the claim by arbitration or other dispute resolution
procc4rig or at law. CONTRACTOR shall, to the fullest
extent. permitted by laws and Regulations, hndemnify.and
hold harmless. OWNM ENGINEER EMIGMEERs
Consultant and an'yon'c directly 6i indirectly ennpluyed by
any of Them Goon and against all claims, casts, lasses and
damages arising out of or resultirp; Grim Any claim or
action, legal or equitable• brought byarny such owner or
occuptw against :OWNER. ENGINEER or and other party
indemnified hereunder to the, extent caused by or, .based
upon CONTRACTOR's performance of the Work.
6.17. During the progress of the �Vctt CONTRACTOR
shall ;keep the premises Gee Gam, accumulations of waste " materials. rubbish and other t*s* resulting -ffoni the
Work rkt the completion of the Work CONTRACTOR
shall remove all wane materials, rubbish -and debris from
and about the .premises as well as'all tcmis,.apiplinnces,
oonstructioir equipment and machinery .arid- surplus
materials. CONFRACTOR'shall leave the site clean and
ready for oavparxy by OWNER. at. Substantial.
Completion of the Work. CONTRACTOR: shall restore to
orippml condition•tdl properly not designated finr alteration
by the Contract. Dm-unie nts:
6.1 S: CONTRACTOR shall not load nor permit any part
of any structure to be loaded: in .any .mariner" that will
endanger the structure. nor shall CONTRACTOR subject
any part of the Work or.adjaeent property to stresses or
pressures that will cndat*r it.
Record Documents.•
l:lt:l)C(iENt741L,COCIINT10.1J1H I t1:8 (I'Yln Eilitiau
WIMY OF PORT COLLINS NObIFICAT1Ot4S IRri ' •1(20it0)
6.0%, CONTRACTOR shall mnuntain in a safe place at
the site one record copy oCall Drawings, :Specifications,
AJder�L•m; Written Amendmcnts, Change Orders. Work
Change. DirecliYes:-. " yield Orders and: lvriach
interpretations and clariGiatiivcs. (issued pursuant. to
paraglaph 9.4) in goof' order and annotated to show all
efumg,es made during construction These recurd
doaiments tisgether with all approved Samples and a
counterpart of all approves! Shop Drawings will be
available to ENGINEER for reference Upson completion
of the. Work, and yrior to release of final payment, these
record' documents, Samples and Shop Drawings will be
delivered to.ENGINI1kOr OWNER,
'Safeo, and Protection:
6.20. CONTRACTOR shall' be responsible for
initiating, maintaining and' `somising , all safety
prccauuons and programs in connection with the, Woik.
CON'fRACTORshall take all 'nccessary.precautions for
the safety 64,unJ shall provide the necessary protection to
prevent damage, injury or loss the:
630.1_ :al1. persons on the Work site of who may be
affected hythe Work;
6:=0.2: all the Work and materials and equipmernt to
be incorporated therein, whether in storage on or off
the site; And
6,20.3. other property at the site'or adjacent thereto,
including trees, shnilis;. ;lawns, walks;. pavements,
roadways, svuctures, utilities and Unckrgrou nd
Facilities not designated for xemoval, rclocttion or
rcpfaccmcnt in the course of construction:
CONTRACTOR shill cnmpfy.with all applicable'Laws
and Regulations of any, public body having jurisdiction for
safety of persons or property or to protect them, Gran
damage, injury or, loss; and shall eruct and maintain all
necessary safeguards for such snfaK .and ,protection.
CONTRACTOR shall notify owners of adjacem property
and of Underground Facilities and utility owners when
prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal. relocation
clad repkeement' of their propry erty. All damage, injury or
Isis to any property referred- to in paragraphs 6,20.2 or
6.20.3 amused, directly or indirectly, in whole or in part, by
CONTRACTOR. any Subcuntactor, Supplier it any
other person or organization directly or indireiXly
employed'by arty of them to perform or I}urnish any of the
Work or anyronre forwhose acts tiny of them may, be liable•
shall be remecbed by CONTRACTOR (eucpt damage or
loss -attnbutable.to tie teult of Drawings of Specifications
or to the acts or omissions of OWNER orLNG INEE•R or
fNGI,1EER's Consultant or,anyu ne employed by any of
than or Anyone for'whose ;lets any of them may be liable,
anJ not attributable, directly or indirectly; in whole or in
pur4 to the,fautt or negligence of CONfRACTOR'vr any
Subcontractor; Supplier air other person or organization
directly or indirectly employed by any of diem).
CONERAC MR's duties and responsibi liticsfor the safety
and protection of the Work shall continue until such time
as nil the Work is completed and ENtiINEER has issued a
15
mice to OWNER,and CONTRACTOR in accordance
with paragraph 14.13,thm the Work is acceptablc (exexpt as
otherwise expressly provided in connection with
Substantial Completion).
6:21. Sajery Representadve:
CONTRACTOR shall designate a qualified and
experienced safety representative at the site whose duties
and responsibilities shall be the prevention of accidents and
die mavuamm antisuperi•isirig of safety precautions and
programs.
HazardCommrrnication Progrums;-
6,22.. CONTRACTOR .shall be rsponsiHe for
coordinating any exchange of.material'sufeN,data sheets sir
other hazard oommunicatiim information -required to he
made available to or eechairiged. between or among
employers at the site in accordance with taws or
.Regulations.
i�)nergencies..
6.23, In emergencies affecting the .mrotJ car protection of
persons or the.11`ork or:property ai�tlle site or'adjacvtt
thereto. CON f RACf..OR, without special '.instruction or
mahorintion.from OWNER or ENGINUR, is obligated to
act to prevent threatened damage, injury or loss.
CONTRACTOR shalt give hmiwmiz promptwritten
notice if CON•I•RACI'OR believes that any, sngmftcant
changs in the Work or variations froth the Contract
Documents have been caused thereby. If 'ENGINEER.
detemrinci that a change in the Contract Documens is
required because of the actiontalcen try• CONTRACTOR in
response to such an emergency, a Work Change Directive
or. Change Order will be issued to document the
consequences of such action
624. ShopDrawingsandSanrpler
6,24.1. CONTRACTOR shall submit Shop Drawings
to QvGI, t for review and approval in accordance
with the accepted.scti:dule of Shop Drawings and
Sample submittals (see paragraph 29). All submittals
will be identified as ENGMEER may require and in
the number of copies specified in the General•
Requiremei s. The data shown on the Shop Drawings
will be empletc with respect to quantities_
dimensions, specified performance and design criteria,
materials and similar data to show ENGINEER the
materials and equipment CONI'RACPOR proposes to
provide and to enable ENGINEER to review the
information for the limited: purpns 'required by
. parnraph 6.26.
6.2-4.2. CONTRACTOR shall also submit Samples to
ENGDNEER for review and approval' in accordance
with said accepted schedule of Shop DrawiW and
Sample submittals. Each Sample will be identified
clearly as to mateeiaL Supplier. pertinent data such as
catalog numbers and the use for which intended and
otherwise as ENGINEER may require to enable
hiVGINEER to review the suhmitml ler the limited
IC EKI)CO tR,u.CONWRONS191 0,99.0E&W
wr CTIT 04 FORT COW MS V 061F1C.ATIONS IR6V 9i20M),
purposes required by par.•tgaph6,26. The numbers
of each Sample to be submitted will bens specified in
the Specifications.
6.25. Submittal Procedures
625.1. Before submitting each Shop Drawing or,
Sample,. CONTRACTOR shall' have determined and
verified:
625.1,1_ xll field measurements. q4antititm
dimensions, specified performance criteria,
,installation requirements, materials, catalog
numbers and similar infomtatium with respect
thereto,
6:25.1.2. all materials with respect to intended
use,, fahricatiom shipping, handling, storage,
assembly area installation _ptztninmg to the
performance of the Work, and
62M.1 all information relative to
CONTRACTOR's sole rsponsibilitics in respect
of means, methods, techniques, sequences and
procedures of construction. and safcty precautin' rtc
and programs incident;thercto,
CONTRACTOR shall .also have, reviewed .and
coordinated each Shop Drawrrg or Sample with other
Shop Drawirgs and Samples and with the
requirements of .the Mn-V and .the Contract
Documents
6.25.2: Each submittal will hear a stamp or specific'
written indication that CONTRACTOR has satisfied
CONTRACTOR'S oblioations, under, the Contract
Documentswithrespect to CONT.RALTOR's ieviLw
and approval of that submiiutl.
G:25.3. At the time of 'each submission,
CONTRACTOR shall live LNIGLNEER specific
written notice of such variatiors: if any, that the Shop
Drawing or Sample submitted may have from the
requirements cif the Contract Documents, such notice
to be m a written communication separate from the
submittal-, ind. in addition, shall cause a specific
.notation IQ be made on. each Shop Lhawig and
Sample submitted to MgGWEER for review and
approval of each such variation.
6._6. GNGINEER will rtwicu• anti approve Shop
Drawings and Samples in accordance with the schedule of
Shop DmwitWs and Sample mbmituls accepted by
ENGINrEER as required by paragraph 2.9. ENGEdEER's
,review and approval will be only, to24aeimine if the items
covered by the .submittals will, after installation or
uienpomtion in the Work, Wntimn to the information
given in'the Contract Documents and be compatible -with
the design concept of the completed Project as a
functioning; whole as indicated by the Contract
Documents. ENGQVEERs review and approval will not
extend to mans, methods; techniques, sequences or
procedures .of ctxstructito (except where a particular
means„ method, technique, sequence or procedure. of
constraction is specifically and exprewly called for by the
Contract Documents) or in safety precautions or programs
incident thereto. The review and approval of.a s5 arate,
item "as such I" H not indicate in
which the Lin functions, CONTRACTOR shall.make
corrections requiied by ENGINEER, and shalFreturn,the
' dn 'Diuwi-'ngs and
number of co copies of Shop
submit as required new Samples for review and approval.
CONTRACTOR shall dircit s;pecik attention in writing to
revisions oilier than Lhc� corrections - called for by
04ONTER g F"viqus siabrnittafls-
627. ENG[NUR's review and approval- of Shop
Drinvings or Samples "I not relieve CONTRACTOR
from responsibility for any variation- fic'm the recIbireinents
of the Contract Documicias unless CONTRACTOR 'has in
writing, Called ENGINEER'S attcnfiun to each..such
variation at the time. or suhniission as required. by
25.3 and ENGINEER has giv'cin written
rppr of each sucfi variation by ii specific written
notation thereof incorporated iii'm raparlying acco the ShoI p
Drawing or Sample approval; nor will any 9ppr&RI by
FWUINEFR. relieve COMIRACTOR frima responsibility
fOr complyi6swith the requirements of Paragraph 6.215.1t
6,29. Where a Shop Drawing-or'Samole is required by.
the. Con6ict Documents or 6t. schedule of Shop Prawin
.9
and Sample submisisions accepted by FNGINFER� as.
required FNCHNE by, paragrapli 21.9_iny related Work pertbrined
prior to ERs review and approval.of the pertinent
'so , 1 61 will heat the sole exjiew and'responsibility of
CONTRACTOR.
co.nhinuilgthe 'Wer.k.
6';29. CONTRACTOR shall carry on the Work arid
adhere' 16 the progress schedule during all, disputes or
disagreemerim with'.O611NM. No Work shall be delayed or
postponed pending resolution of any disputes or
di4iccmenfs, 6,ccvpt as permitted by paragraph 15:5 or as
OWNER an CONTRACTOR may- 6therivig-e ku:* in
,writing:
6.30. CONMICTOR's Cenefal:' Jarruri(v� and-
Guamated:
6.30:1.CONT-RAC,TOR warTarits arid euirantees to
OWNER, 04GMEER and' ENGINEEWs Cons0arits
that all Wo&will be in icoordanc;:Jvith the.Contract
D&timeiits. - and -will ' not 'be _defeiitiva,
CONTRAC7T6Rs warany, and bvararue hercurider
excludes defects or damage caused bv:
'630.1,1. sbuse, modification or, improper
maintenfince'cv'6perntion by persoiis.other than
CONITRACTOK. Subcontractors or Suppliers;or
6.30.1.2. normal wear aral tear under normal
usage; ,
630.2. CO&MkqTOR's obligation,to perf6rin and
complete thc'kV6rk in accordance with ihc,�:ontraci
.Documents shall.be absolute. None 6f tht:'61kiwiag
ivill coiistimae, an koelitance of Work tliat is not in
W1 CITY OFFOR ITOLLINS MC.;Dw1C,%j1ox5 (REV -i/20N)
accordance with the,Contract Documents 6na release
of CONTRACTOWS WiLalicri to,perffarn the Work
in accordance with the Contract Documents,,
6.240.2.1., ubsava.dbn:5byENGINEER:
6330.12. recommendation of any progress or.
final payment by 13NGWE
6.302.3. the issuance, of a certificate of
Substantial 'Coinpletion M any pflymaa. by
OWNER 6 c6NTRAcTbR under the Contract
nocuments;.
6.3Q,2,4 use,or occupancy of thle'Work or any
part tl ercof. by.OWNER;_
6J0.215., any acceptance by OWNER or, any
failurclo do so-_
630.16., any, ririi6v and approval of a Shop
Dmwifie or Sample: submittal or the issuance of a
notice . rif'k,ceptability by ENCHNEER purstuait
to pqmgrarh*] 413;,
,630.2.,7_ 'anyins lw�ctim tgst,or approval by
others: of
6.30.2. s, any yoircdtidra of. Work by.
OWNERz
tndiwmifiadm:
6-31, To the,- full6st cxt6u. permittcd by L.aws and
R,julatiorm CONTRACTOR shall indemnify and hold
fiamilem, MVNTR: R�Gj INMR. ENG]NEEKs
Congulfants ' and the ofticcis, d4ectors, effifilbyees, agents -
and
6thirconsu Itants oferich and any of'them trots and
auinst.all claims.. costs, Losses and damages (including,
but not limited to"Al Icew-and charges of er&ecrs,
ftlrchiiecm attorneys iind'other &ofeaabnnls and aWcourt
or arbitration or other dispute resolution touts} &auscd by,
ar's- I, out of or, rvailting'frorn the perfortramccoof "the
Work pr&vide&dlat any such claim, cost, less or -damage,,
(i) I attributable ro'bodily injury- sid 6iesi_ disease or
death or to injury to of destruction of tangible prypefty
(other than the 4Nicik itself; _includmg the loss,-o'f use
resultnW, therefrom, and (ii)•is caused in wholy or,in part
by any negligent ad or omission ission of CONTRACTOR any
Subcontractor, any Supplier. any., -person or organization
directly or indirectly lmploy6(1 by any of them to'perforna
or fiantish-any of the Work or -anyone for whose acts any
.Of them may be liable. regarificss of whether or riot caused
in part by any ncgfigence or ornissiori of a person or entity
indemnified hereunder or whether Liability. is imposed
upon such indemnified party by Laws and Regulations
regardless
6.32. 'In, any anil all claims USUalst OIVNkEp or
LNOT-NEER or any*6f their rcspectivcc6risuluants, Bgcnt&
offic'em directors: or employees by any employee (or the
sury wor or, person a I represcrititive of such cmploycc) of
CONTRACTOR any Subcontractor. an Supplier: any
i2ntion diredl�-6r ink 'y rerson or organ eoly ermplmed by
17
any of them to perform or furnish any of the Work or
anvoric for whose acts env of them may be liable; the
imlemnification obhdation -under panigraph6.31 shall not
be limited itaticia on'Lhc,am0Ufi1 Gr in any wiry by any ban
type of damages, compensatibri of benefits payable �6y or
for C0jq1'PACT().R or.any such Subr,mtractor, Supplierjor
other person or orgariization under worker' compensation
acts, disability beftefit acts or other employee benefit acts.
6.33. The indemnification obligations of
CONTRACTOR dndar;parq=ph63I, shall not qstmO to
the liability 6CENJUEERand ENIOrNEEEVs CumultanK
officars, directors emplovees or .agents caused by the
professionalmgligcnce. errors ur om=`iom of any of them.
Survii
, at of Obhgations:
6.34: All representation& indemnificatioa& warranties.
and guarantees made in required by or given in actor line.
with the Contrict'Docum , ciiis,. as well as all, continuin,;
obligatiom indicated in the Contract Documcnw, w 11;
survive final payiment, co - mptetion,andL acceptance of the
Workland termination. or coinpletich of theAgrcement.
.ARTICLE 7—OTHER WORK
Related lVm* W Sile:
7.1., OWNER,ffiay perform other, work relatedto the
Project at the sitc'by- OWINER's own forccs, or' lot other
-direct contracts therefor which. shall contain Geniral!
Condinom similar to there,, or have other work perfionaled
ky utility owners, If the fact that silch other work- is to be
pdfirined was not tinted in &- Contract DorumimLs,'Lhen.
(i) written notice thereof will , t - c,giveft_tci CONTRACTOR
privi � to staning. any such other work and
(fi)C0N1MkCT0R may, make a, claim therefor or
W"Vided in Artickn I I and 12 if CONITMACTOR believes
that such performance will involve additional expense to
CONTRACTOR or requires additional time.and the parties
are unable to agree as to the amount or extent thereof
T2. CONTRACTOR shall aff6d each other dontractor
,wh6 is a party to such a direct kroract and'each utility
owner (and O%VNLR,' if OWNTER is perfuming the
additional work with OWNER'S and
site access to the site and a reasonable opportuitity for thes
introduction and'stora& of materials an I cquipme fit Paid
the a e'cufion of such other work and shall , Iy conriect
Wid,ux,rdinate the Work with Lheirs. LmaroLheinviso
provided in the Contract Dmuments, CONTRACTOR
shall do all cuttin& Ifitting and patching ofth, Work that
may be required to make its several parts com�.togdhocr
e. with such otheI work.
r properly and integnitk.
CONTRACTOR shall riot endaincr any work of others by
cutting. excavating or offictwise altering, their work and
will unIv cut or,alter their work with the written consent of
ENGINEER and the other whose work will beaffected'
the auti4M- and -responsibilities of cov rRAcro . R under
Kkr
this psrflgruph are for the bcnefitrof such utility owners and
other contractors to the extent that there are wooramble
FUCDC(AeNUMCONUMOM 191aS (199V Etfitim)
W/ CITY OF FORT CIDIXIMMODIF! C.ktl ONSIMV4110(9)i
pmvisions for the• benefit of CONTRACTOR in said
direct contract% betwetm OWNTM and such utility owners
and othdcontractors.
7.3. If the proper execution or results of any pan of
CONFRAC'J'OR's Wort,- depends upon work pertbrmed
by others under this Article 7. CONTRACTOR shall
inspect, such other work and - ortiptly report to
ENTGNUR in writing-iny delays, olerects or deficiencies
in such other Work that render it unav ailabic or unsuitable
for the pi CONTRACTOR`;. .9pet-execution MU'results Or CONTRACTQR
I " Work. CONTRACTOR's failure so to report will
constitute an acceptance of such other work as fit and
proper far. integration' with CONTRACTORs Work
except for lot ' ani - cr*nonajj)arcrit defects and deficienciesin such other work--
coorifinirriiiiii:
7-4. If OWNER contracts with others, for the
performance of other. Work on the Project at die site: the
f6fliSiving will heset forth in Supplementary Conditions:
7_4J_ the person, firm or corporation who will have
luthority qnd'rcspomsihility for coordination of the
actMticsiimoN:thc various prime contractor will be
7A2. die specific matters to be. covered by such
atithority.and responsibilityitemized:
walbeitem rl: end.
7.4.3.. the crtent,- of such authority and
responsibilities will he provided
Unless othea-wise provided in the Supplementary
- dio ity Conditions,i_Oftfflk have sole au n and
rest5onsib9iry in respect of such coordination,
ARTICLE' 8. - OWNER! S' RE S-POINSIBUX17MS
Except as otherwise pswided yin these (3eneral
Conditions, O)ArTFR shall' issue all communications to
82. rah. case of termination of the emp1bynient of'
ENIGINEEP OWNER shall appoint in engineer against
whose status: urider, thi•Contmct Documents shall bi'tha%
,of the Former ENo iNr-cR-
8.3. OWNTER shall furnish the data required of
OWNER under the'Cvritract Documents, promptly' and
shall make payments to,CONT R-ACTOR promptly when
dicy'are due asprovided inparaiarilphs 14.4.and 14.13.
8.4. OWINMR3 duties in respect of providing tands
and casements and providing engineering surveys to
establish, rofercncz'pomits are set forth in panigrophs 4.1
and .4.4.. paragraph 4.2 refers to,0W,\7EWsidentifyiig
and making• available to CONTRACTOR, opus of
rcportiof explorationsandtests of subsurfacconditions
at the site and, driwmj�q of 0hysical conditions in existing.
structures at or contiguous to the site that have been utilized
hy-ENGINEER in preparing the Contm.i Doctanenis.
$e E111/r+tEFF'sresTonsiEit:ties-xrrespeei-o(•purdia vig
axd-utavitainine urarta�-arr-xt
forth •iRtittmgrA*-S-5-through->Iti; .
8.6. t)WNER is obligated to execute Change Orders as
indicated in paragraph IO.a_
87- Ot�NER's responsibility in respect or• certain
inspections, tests anti :approvals is set' (ort}i An
pamginph 114.
8.3. in cormecdon with OWNFR's right to_ slop Work or
suspend Work, scc; lxvradinphs13,10 and 15_1,
Paragpphi52 ticals-with OW 16 right to terminate
services of CONERA(-TOR under certain ctrcum3tances
8.9: The OWNER shall nou supervise; direct or have
control or authority ova, nor be responsible for.
a mrrR.4CTOR's,means, methods, techniques, sequences
or procedures of construction or thesafcty precautions and
progams. "incident theiao, or for any failure of
CONTRACTOR. to comply with taws and Rcgulariore
applicable to,,the4umishing or pertormance of thcArok,
OWNER will.tot be rspiutsible hr CON'I'Rr1C'I'C)Rs
Failure to'perfurm. or runtish the- Work io accord' nw,with
the Contract Documents.
9.Ie—IOWAlEiR3-rzspnnsihituYy m-mspeat-eFundiselosed
uncovered revealed Rt4he- siwis
xtderth-in-enrn�esl�-1-5-
ttrrangrntattLs—hour-bezt�mtidr-tc.-satlsfv-0�'�"El�'s
responsibility-tit=rzspeet-thi'r2oFwili-ba-us-set-fath� in• tlto
Supplzrierim_rrGorwiitions-
ARTICLE 9-ENGINEER'S STATUS 'DURING
CONSfRUC7ION
(1tYiVER'a;" Reprererifatire:
93- ENGLNUIR will be OWNER's represeritnti4e
durum the construction pencil The duties and
responsibilities .and the hmtations of authority of
RN:G VEER as OWNER'S representative' during
construction are set forth in the Contrrct Documents and
shall root be extended without written consent of OWNER
andENGINCG[t.._
Lairs to Sire."
9.2. ENGINEER'will make visits to the ike at intervals
appropriate to the various ,stages of construction as
ENGWEER' deems necessary in order to: observe as an
experienced and qualified design professional the progress
L' (wohNET-AL,COi;L)rn0 r`i•19im owo Ei itiwo
w/ t1'FY OF FORT COLLINSMODIFICATIONS jRL•'V •I21It19)
that has been made anil the quaGtv of the various aspects
of CONERACTOR's executed Work: Based on
infaimation obwinmrduring .such visits and observations.
ENGINT-ER. will endeavor for the benefit of OWNER to
determine:, in genial., if, the Work is proceeding in
'nccoidattce with the. Comract F)mutents Ei1GWEER
will not be required to makeex}wu3tive or continuous on-
site- inspections to check';the quality or quantity of the
Work. ENGWCER's etFuits• will be directed toward
providing for OWNER a Beater deer"'of confidence that
the completed Work will confitrm generally to the
Contract Documrnts. On the basis of sud viaais aril on
site observations, KNGl,NHFR. will Lee OWNER
informed of the progress of the Work and will endeavor to
guard OIVNF',R against defecfi•e Work: IiNGINFER:s
visits and on site observations are subjectto all the
limitations on ENGIEEWs authority avid -responsibility
setforth inpa tagmph 9.13; acid particularly, but without
limitation ittirinig or as a result of FNNO NEER's on -site
visits. or observatirxiq of CON(RArirows Work
LNUMEER will not supervise, direct. control or have
authority meet. or bc� msporlsibie for CONI'RQCTOR's
means; -methods, techniques, sequences or procedures of
construction, or the safety, precautions and programs
incident thereto, or for any failure of C'(.)NrRAC'fOR to
complywith Laws .and Regulations •applcablc to the
furnishing of performance of the Wtak.
Project Representadve.
'0. If OWNER and ENGINEER agree, ENGINEER
will furnish a Resident Project Rcprn schtative to assist
ENGINEER. in providing more cenitintous obsorvation.of
the Wod: 'rile responsibilities and :authority and
limitations thereon of any such Resident Project
Representative -.and '..amistams will be as. provided tit
Intagraph49.3 and 9.13, txrrV--in—the--Supplemenmry
Con&i ns of theca General, Conditions.; If OWNTM
designates another representative or agent to: represent
he responsibitities,and authoi
of such other person, tvill
9.3.1. The Representative's dealings in matters
pertaining lo.thetin-site work will in general, be with
.the ENGINEER and CONTRACTOR But, the
Representative will keep�the OWNER pr9NAy
advised about :such matters. The Re rLescnwtiye'_s
-dealines.with subcontractmrs.will only be Uuowth or
with the full knowledge and aptaoval .oC the
b'ONI'RAMR,
9.3.2. Duties and Responsibilities: Representutivo
will:
93.7.1-Schedules - Review the ttrogttcg
19
schedule and other schedules prem. red by the
COAITRLrTOR .and consult- with the
ENG .NEER concerning acceptability.
9.32 Z Confenmces and. %feetinc .- Attend
meeting with the CONTRACTOR such im.
precong uclion conferencesy,prahgcss meetings
and_ outeriob .conlerences..and_ pretiare and
circulate copim of minutes of mcelin2s.
,9.323. Liaison
-9.323'1. Save as.. ENGINEF,R'S' [iaistm
with CONTRACTOR tyoilun¢ principally
fhroueK CON•rRAC•rOR'S suneri ntendem. to
assist the CONTRACTOR in understandinrt
the Contrrct•Dec•umenty
93.2.3.2. Assist in obtainine from OWNIER
additional details: or information when
required.- for pruixrexecution of the. Work,
9.32.3-1 Advise the ENGINEER and
CONTRACTOR of .the commencement of
anv Work rc4uirine -a Shop Drawing- cr
sample submission if the submission+ay.not
becnar Myod hythe ING[NEER.
93 2 4 e i . ` of WSii:_ Reiect h of Defer .. e
k orr �nspectionsarid'resm-
y.3:_.4.1. .Conduct on -site obwrvatioits of
the tVork bi prom= to. assist Ow ENQDNM
in dctermiM tthat the tVnrk-ts.proccedine in'
'accWncc with 4ie GinvacL TAxumems.
932 2_4.3. 1 anY,yisitifi& 'pectors
reoreseentine public or-atxr agencies hav rtg
jimsdietion over the Pro icet_ record the results'
of these inspections and report' to. the
9.32.5. Interpretation of Conmhu
Drxvments.. Report to ENGRX-ER ..when
clarifications. and-GilerVetalions of the Contract
Documents arc needed. .and lrattsmit to
CONTRACTOR clarifiwrfion and inlero[etation
of the Cootrw Documents as issued by the
ENGINEER
9.3.2.0: bladificatitms.. Consider and
evaluhte COl\ RACTows weestiom for
10 &JCDC OENMALCONLN710M 1910-8(1990 Wflitni
wl CITY OF FORT COLLI 5 nlrxnFlcxnous tt(LT 4Q01pn
moc itatiim in Drawin�ts-or Sobcifications and.
report.:tnese recommenthuions"lo. ENGINEER
Accuratelv uunsmil . to .CONTRACTOR
decisions issued by the B4oD E -
9:3.'_,7. Records.
"12-Iq Rep_4m
93.2.8.1. Furnish nLGTNEER pgj�Kbc
•reports.. as required _of proao . of the
Work and of. the CONTRACTORS
compliance with the_progLess se ednle once
schedule of shop: Drawimm. 'and sample
shr mitta(g, "
4.3:28.2. Consult with ENGT�GL_Rjrt
'advance- of scheduling major - tests,
ins�Meciions or start of important plmr or the
Work.
932:8.3. Dm@ proposed Charfee Orders
Anil Work Dv IlverChar>ge�_obtaining
backup material from the CON'MACIOR
and -recommend to ENOWEER Charu,e
Onlers. AVork Dvective Ctranees and Geld
orders,
9.3.2.3.4. Rcpprt unmediately td
ENGINEER and, OtVNER.thec currence of
uny accident. --
9_3.2.9_N ment Requests. Review aWlicatio s
for tnavmem with CONTRACTOR forcompliance
with the established promdure for their
submLssion and forward.with. recommendation to
LNG=- noting particularly the relationship
the mr}mrent requested to the tichedule of values,
work. completed -aria materials and equitmicnt.
delivered .at the 'and
,t irti:aporated the
Work.
9.3.110. Cum etiom
' 9 3.3.10. li[3 _Co_re_FNGINLEFt isucs a
Certifcateof,Substtmtial Completion submit
to CONTRACTOR a list of observed items
reguirirtg correction or completion
9:3.2.10.2. Conduct fires irsaedion'in the
companv'.-of the. HWGINE M. OWNER and
CONTRACTOR .and prepare a final' list of
ed items to be corrector completed.
9 1.2.16.3. 'Observe that all items on the
.final list htve..been corrected or completed and
make recommendations to ENGINEER
ctateernin£ accepinnee:
9.33. Limitation of Authority" The Representative shall
rmt- - — - -
9.3.3.1. .Authorise arty deviations from lfb
Contract ihieuments: or accept arty sultvtitute
-inatenaLs sir a tiipmen Fmk§ au Itorihed by .the
�FNUINFER
9.3.12. .Exceed_ limitations of' ENGINEER'S
authoritv:as set forth in the Contract Documents.
933.3, Undertake any mf the responsibilities
of the CONTRACTOR_ Suhoontractom. or
S9yTRA_0 QR' S^supgint rndeni:
9.3 3:4. Advise om or issue directions relative
to or assume control over rmy.ispgct of die
means: methods, techniques. _. sequencer. or
p o�eesiurrs .foreoitstvctior3_ ugh fss_}tioF)�i
_pecificallt• calledfor in the Contract Documents.
9.3.3.5. Advise on or issue.-3ircetibns
re_gardi a assume control over t�feiy�
precautions and `programs in connections with the -
Work:
J.3.6. Accept�Shoo Lhawiiies_or_sample
submittals from anvorie- 'other than the
CONTRACTOR
9.3.3.7.. Authorize OWNER to -occupy . the
Work in whale or in Wart.
9.3:3a2: Participate in specialized Geldor
laboratory tests or i - lions conducted by others
gsc_emt. as sRecifically aulhurizc� the
ENGINEER
Clarifications and Interpietationv:
9.4. ENGINEER will issuewith reasonable promptness
such written clarifications. or interpretations of the
FJcpCUhNF7GtL CONOI'nQ.\ti i91tt3 fPY/i1 eititiuo
w pry OF FORT' COI LiNS MQDIFICA MNS taEV .12aaU)
requirements of the Contract Documents (ui the form of
Dmtvtngs,or otherwise) as ENGINEER .may determine
necessary, which shall be consistent with the intent of and
rexonablp inferable from the Contract Documents. Such
written clarificatiors and interpretations will be binding on
O,WNIER and CONTRACTOR. If OWNER or
CONTRACTOR believes •that' a written clarification or
interpretation justifies an adjustment iwft Contract Rice
or the CogtractTimes and the parties are unable to agree
to the amount or extent thrreoL if any OWNER or
CONTRACTOR may make a written claim therefor tis:
provided in Article I or Article IZ:
Authorized Piiriatioavin-Work.
93. ENGINEER may authorize mirror i,ariations in
tho Wort: from the requirements of the Contract
Documents which do not involve an a gustmenc in the
Contract Price or the Contract Tunes and are compatible
with the design concept of the completed' Project as a
functiorung whole as indicated by the Contrdet
Documents_ These may be�accornplished by n Field Order
and will be binding tier OWNER' .and also on
CON'I'RACTOR•who shall perfcvm the Work involved
r"ptly. If 6WNIiR or CONTRACTOR believes that a
FicldOider'justifics an adjusmientin thcdCoatmct Rice. or
Jhe Untract Tunes and the parties arc unable to agree as
to tho :mnoun6 or cmenu thereof, MNxi ER: or
CONTRACTOR may, make a written claim therefor as
provided in Ariicic I I'or 12.
'ReyecHng Dejectit•e 16ark:.
R6. ENGINFER will have�authority to disapprove or
reject •Weil: which FNCrWEF,R believes to be cifective,
.Or that ENGINEER believes will trot produce d completed
Project dint conformito the Contract Documents or that
will prijudice.ihe integrity of the design concept of:the
dompletedProject,as a. funcuonitre whole as indicated by
die Contract Doeunients.. ENGiNTM will also hive
n thirsty to require special inspection :or testint of the
Work as provided in parAeraph 13.9..ti•liether ter not the
Work' Ls fabricated, installed or completed.
Shop Drawiitgr,. Change Ordeis and Payments
93. in connection with ENGftiE-ER•s authority as to
'ShopDm%%iW rmd'Samplcs, see. paragraphs 6:24 through.
,6.3S inclusive.
9.8 In connection with LNIMEER's authority as to
Change Ordcrs,seeArticlesIQ. i1.aral-l2:-
99. in connection with ENGiNEER's•authority as to
Applications for Prymem'see Anicle 14.
Ddeiminations for Und Prices:'
9.10: ENGWEER will, dttmr(me the actual quantities
and clamifitatiom of Unit Puce Work performed' by
CONTRACTOR. ES_IGiNEER will, review with
CON R.4[ I'OR the FNGINEER's preliminary
determinations on such matters_'before rendering a written
decision thereon (by recontmendntion of an Application
21
for Payment or otherwise), ENG NEER's written decision
thereon will. be Canal and binding upon OWNER an
CONTRACTOR. unless, within ten days after the elate of
anysuch decision, either O%kWM or CONTRACTOR
delivers to the other and to ENGIf�IEER written notice of
intention to appeaf from ENGI� .SR's decision and: (i) an
appeal from ENGINEER's decision -is taken within the time
traits and in accordance with the procedures set forth in
Exhibit GC -A, "Dispute Resolution Agreement", entered
into between OIVNER and CONTRACTOR pursuant to
Article 16; or (ii) if nosuch;Dispute Resolution Agreement
hos'lxen cn6ed into, a fczmal proceeding is instituted by
the nppealing party in a.farutn of competes[ jurisdiction. to
exercise such rights or remedies as the. appealing party may
have with respect to ENGINFER'sdecisiom. unless.
othcn'vise agreed in writing by OWNIiR and
wNTRAMR. 'Stich appeal' will not be subject to the
proceddres of paragraph 9.11.
Decldans on niTwes:
9.11. FANG NI FIER will be the initial' interpreter or the
requircmcnts of the Contract Documentsand judge of the
acceptability of the WorL. thereunder_ Claims,. dtaputes and
other matters rclatire3 to the aon:txahility of the Work or
the igtcrpretation of the requirements. of the Contract
Documents pertaining to the performancc.and famishing of
the Wort and claims under Articics l 1 and 121n.raivet of
changes in the, Contract Price or Contract Times will be
referred initially to FNGINEPA'' in writing with a request
for a formal decision, in accordance with this paragraph
Written notice of earh.such claim, dispute or other matter
will be delivered by the claimant to IENG VEER and the
other party to the Agreement promptly (but in no event
later than thirty days) after the Stan of the occurrence or
event diving rise thereto, and written supporting,data.wilb
tic sul3mitted tti ENGINEER and the other' party within
sixty days after the start of such occurrence or. event unless
GvGINEER allows an additional period of time fox' the
submission of additional or more accurate data in support
of such claim, dispute or other matter. The opposing party
shall submit any response to ENGINEER and the claimant
within thirty days rater receipt of .the claimant's last
submittal (unless FNGINFFR allowsadditional time).
L1i rGTNEER will render a formal decision in writing within
thirty'days aHer receipt of the opposing party s sijbinittal, if
any,. in accordance with this. paragraph-•ENGINL•ER's
written decision on such claim, dispute.tr-usher matter will
be final and binding upon OkVNER and CONTRACTOR
finless: (i) an appeal from ENGLNEEti's decision is taken
within the time limits and in accordance with the
procedures set forth in EXHIBIT GC4L "Depute
Resolution Agreement"', entered into between 0%V1,MR.and
CONTRACTOR pursuant to Article 16. or (ii) if no such
Dispule'Resotutiin Agreement has been entered .into. a
written notice of intention toappeal from ENGINEER's
written dtiision is delivered by OWNER or
CONTRACTOR to the other and to ENGINEER within
thirty days after the Jute. of":such decision and a ftmal
proceeding is'itsiitutctlby the appicaliri party in a foram Of
competent jurisdiction to exercise such rights or remedies
aathe appealing party may have with respect to such claim..
dispute at other matter in accordance with applicable Laws
and Regulatiana within sixty days of the date of snick'
WDCOENIMM. CONIX-110 `S 1910-8 099U 1366M1'
-- WICITYOF FORT ('0U NSMODIPICAMNJ(R-LA'42a1Mt)
decision,. unless atheni'fse agreed- in writing by OWNER
and COYf RACTOR. -
9.12, tVhen funetionf 1, as interpreter and judge tinder
paragraph, 9.l0,anc1 9.L1_ E\GfAtE1Tt will not show
rvtialiry to.OtVNER or.CONTRAC"t't)R and will not be
liable in connection with any interpretation,or; decision
rendered in good faithin such capacity. Therendering of
a decision by ENGLINELR pursuant to paragra'* 9.14) or
9.11 with reed to an), such claim; dispute orothei
matter (except any which, have been waived by the making
OF accepiance oC final payment as providesa in
paragraph 14:15) will N a condition precedent to am'
�xereue by OWNER or CONTRACTOR of such rights or
remedies as either may otherwise have 'under the .Contract
Documents dr by Laws or Regulations in reaped of any
such claim, dispute to other muUrrpur�tank=larlrtaele L�:
9.13. Limi6tarions on Iv_VG_L_VEER's Authorih' arid'
/tespnndbtltlierc
9.13.1. 'Neither ENGIVFF.R's authority or
responsibility, under this Article 9 or under an other
`*vrsnon of the Contract Documents noranydecision
made -by ENGINEER in good faith either toexereise
or.not c�crcisesuch :authority or responsibility or the
undertaking, 6wreise or performance of any authority
or responsibility by ENGINEER shall create impose
or give rue to .any ;duty ;owed by ENGLVL•ER' to
CONTRACTOR, any Subcontractor, any Supplier,
tiny other person or organization, or to any surety for
to employoeor agent of any of then.
9,132: ENGINEER will not supervise; direct,
control or have authority over or be responsible for
CONTRACTOR's means, methods, techniques,
sequeno�s qr procedures of construction, at the safety
precautionsard progmms incident thereto, or Rw any
Failure of CONTRACTOR to comply with Laws and
Regulations applicable to the ' furnialung or
performance of the Work, ENGL`i M- P, will not be
responsible for CONTRACTOR'S failure tu,perform
or furnish the Work in accordance, with the Contract
DonumenL,
9.13.3 ENGINEER will not be. responsible for the.
acts or omissions of CONTRACTOR or of any
Subcontractor, any Supplier, cr of any Mher person or
crganir�ti n perform rag, or furnishing any of the
AVork
9.13.4. ENGINEER's review of the finul Application
for Payment and accrnnpenying documentation and
all maintenance and Operating instructions, schedules.
guarantees,. Bonds nnil CerifflMtea of inspection, lestSI
and approvals and other documentation acquired to be
delivered by phmgrAph 14:1' will only be to
determine gencmlly.that their content complies with
the requirements of, and in the case of certificates of
inspections, tests arid, approvals that, the results
certified indicate compliance with. the Contract
9,13.5, The limitations, uponauthority and
responsibility set fiirtlt in this Paragraph 9.13 shall also
apply to ENGINEER's Consultants;, Re_sident Project
Representative and assistants,.
ARTICLE 10—CILANGFS IN THE WORK
10.1. Without invalidating the Agreement and without
notice to imy surety, OWNER. may, atany time or Gom
time to Time order etltlitions deletions or revisions in the
Work. Such additions, deletions or revisions will, be
authorized by a Written Amendment, a Change Order. or a.
Work Change Directive ilpan receipt of any :such
document, CONTRACTOR shall promptly proceed with
the. Work evolved' whwh will be performed under the
applicahle condition's orthe Contract Documents (except as
otherwise specifically, provided):
101: If OWNER and CONTRACTOR are unable to
agree as to the cadent, if any, of an adjustment in the
Contract Pries or an-adjustmrnt.of the Contract 'times that
shnuld be allowed as a result of a Work. Chanie Directive,
aelaimmay he'made thcrefcris provided in Article I 1 or
Article 12;
10.3. .CONTRACTOR shall riot be entitled to anihcrcaa;
in the Cohtraci Price or an ixicrs'ron of the Contract Times
with respect toany Work performed that is not re red I))-
.the Contract Dacu meets ns amended, 'modified and
supplcmentcd as provide! in paragraph,; 3:5 and 3,6; czccpt
ih thecase of an emergency as provided in paragraph 6:23
or in the rasa of uncovering Work.' asprovided in
IMm mph 139,
10.4. OWNER and CONTRACTOR' shall' cxciutc
appropriate Change Orders -recommended by I rNGINMR
(La Written Amendiments) covering:
10:4.1. changes in the Wort: which are (i) Ordered
by OIVNER pursuant'10 paragraph IQ 1; (ii) required
because• of acceptance of d¢jecrive Work under
paragraphl3.13 or correcting defector: Work uiIdcr-
pamgniph 13:14„or 0i) agreed to by the partial
10.4.1 changes in ilie•Cointract Price a Contract
Times which are agreed to by the parties; and
10.4:3. .changes in the Contract. Price or Contract.
Times which embody the substance of anv written
decision rendered by ENGINEER pursuantto
panigniph 9.11;
provided that, in,lieu ofexecuting any -such Clmngeorler:
an appeal may be taken fiom ,ainy such decision in
accordance with the ptovi§ions oC the Contract Documents
and applicable Laws. and Regulation's, but during any such
appeal. CONTRACTOR slit. Wiry on liie Work and
adhere to the progress schedule as. provided in
paragraph 6:29_
'10J. If notice of any change affecting the. general. scope
of ilie Work or the provisi6ns.of thi Contract Documents.
t-�C'UCO6'NE741L,CONU1'IIOIvS t9I US (1714) Edktioi)
wl crry OF PORT COLLINS MOUiPICATIONS (REV V2000)
(including, and not Iinited to• Contract Price or:Coptract
Times) is required by the provisionsof'anyBond to be
given to a stunlyy, the givin( of any -such notice will be
CONTRACTOR's responsibility; and the amount of each
applicable Bond will be adjusted accordingly.
ARTICLE il—CHANGF bF c6N—rRACI' PRIGF:
i1.1. The Contract Price constitutes the • total'
.conipcnsaGon(%object to authorized adjiutments) pavable.
to CONTRACTOR for performing the W&k. All duties,
responsibiliticIt and obligations:assigned to:or undertaken'
by CONTPUkUl'OR'shtll be atCONTRACTOR's'expense
without change in the'Comract Price.
712, ThE Contract .Mice may pnly'bc changed by, a
Change Order or by a Written Amendment Any claim
for an adjustment in the Contract Price shall be basedon
written notice delivered by dtc,party,makiitg the claim tit
the other party wi d,to LNGPICER promptly (snit in no
eVem later than thirty days) after the start Of -the
occurrence or event giving nscro the claim and stating the
-general haturi ol'the claim, Notice of.thi arrioura of;the
claim with supporting,data'shall'be delivered within si"my
does Lifter the start of such occurrence or event (unless
FMDIF,ER.nllows:additional time for claimant: to submit
additional or more accurate data in suppon•of the claim)
and shall be nceompitnied ,by claimant's written statement
that the adjustmeni claimed covers all knotcn amounts to
which the claimant is entitled as a .result of said
occurrence or event All claims for adjustment' in the
Contract Price shall bit determined: by 1240MER in
aecoidanee with paragraph 9.l l if OWNER and
CON'TRACTOR cannot otherwise agree on the amount
involved No claim for an adjustment in the Contract
Price will be valid if not submitted in accordance with this
part grao. i 11.2.
H 3. The -value of any Wick covered by a ,Chaange
Order or of any.claim Cur an adjustmcm in the Contract
Price: will be lelenuineahits 16d6ws:,
11.1 L where the Work involved is covered by unit
pricescontained in the Contact Documents. by
epplicatibri of such unitprices to the quantities of the
items involved (subject to the proyisicins of
23
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.
paragraphs 11.9,I.through 11,93. inclusive)
11.3.2. where the Work involved is not covered by
Unit prices contained in the Contract Documents, by a
muivally agired payment basis inclurlarg lump sum
(which may include an: altbumnce For overhead and
profit not necessarily :in accordance with
paragraph 11.6.2);
11.3.3. where the Work involved, is not covered by unit
prices contained in the. Comnict Dmxtmcnt5 and_
ayrecmctnt to a lump Bran -is nut reached' under
pamgmQh l 1.12 on the basis of the Cost of the Work.
(determined as provided in paragraphs 1,1A and 11;5)
plus n CONTRACTOR's fee for overhead and profit
(determined as provided h paragraph I I ,6).
Cna njdre IV rk.
11.4: The term Cost of thc: Work means the sum of all
costs necessarily incurred and paid by CONTRACTOR' in
the proper performance -of the Work. Except as otherwise
may be agreed to in writing by OWNER, such castsshall'
be in amounts no higher than these prevailing in the
locality, of the project, shall include only the following
itemsand'shhll not include -any -of the costs itemired in
paragraph.I 1 S
11'.4:1-Payroll cost§ foot employees in the direct.
employ of WNTRAUVOR`in-the pertormance of the
Work under schedules of job classitientions ngreed
upon by OtVNF.R and CONTRACI'QR. Such
employees shall include without limitation
superintendents, frremen and other Nrsormcl
employed "full-time :m the site. Payroll costs for
e iployees not emploved full -tine on the Work shalt
be appu oned.w the basis of thou time spenton the
Work. Payroll costs shall include; t-not be limited'"
salmries and wages plus the cost of fringe benefits
which shall include social security contribution%.
unemployinent sccise and payroll tnxzs, workers'
compernatioR health and,retirernrent benefits; bonuses;.
s applicable thereto.
The e peroscs of performing W'ark a(1er egular
wixking hours on Saturday, Sunday or'legal holidays,
slall'be included in the fiKwe to the eoem authorised
by OWNER.
11.4.2. Cost of all materials and equipment furnished
and "incorporated in the Work. including costs, of
transportation and storage thereof, and Suppliers Geld
services required in connection therewith All cash
discounts stall: accrue to CONTRACTOR unlei-
OWNER deposits funds with CONTRACTOR with
which to make payments in which case the cash
discounts shall accrue to OWNER All trade
discounts, rebates andrefun6s and returns from stile of
surplus materials and equipment shall accrue to
OWNER: and C0N'l'Rc1cTOR shall muke'provisiors
so that they may be obtained
11.4.3. Nymertts made by COMI'RACTUR to the
Subcontractors for Work performed or furnished by
Subcontraciors. If required by OWNER,
_4 WCDCOENMA1.CONLRTIOM 010-8 Q99V ErlitionI
wr CITY ON FORT COlit.l. S V C101FIC.a'f10NS IRL•Y A 2ata11'
CONTRA TOR shall obtain competitive bids front
.Subcontractors acceptable to ' OWNER and
CONTRACTOR and shalldeliver such bids to
OWNER who will then determine, with.the advice of
E\'GGTEER which bids if any, will be accepted. If
any subcontract provides that the Subcontractor is to
be* paid on the basis of Cost of the Work plus a fee,
the SubcommctoesCost of the Work and fee shall be
detorininad in the same manner as CO, TRACTOR•s
Cost of the Work card fee as pAwidedd in
parHgi�aphs l l,4, 11.5, I L6 and l l 7, All
subcontractsshall Ix subjeclto the other,provisiortsuf
the Contract Documents itisotar as applicable.
11A:4. Costs of special consultants (including but
not limited in engmccrs, architects, testing
la6omtoritm wn•eyurs, attorneys and acwumants)
employed for services specifically related to the
Work,
11.4:5. Supplemental costs including the following:
11.4.5.1. 'the proportion of necessary
.transportation, tr:tvelP@toil sul?s`tctence e�� MFS of
CONTRACTOR's employees incurred in
dis barge of dutics'connected with the Work.
d 1.4.5;2: C,*s .including transportation and
maintenance. of all rual&lals, supplies.
4ipment, machincry,. appliances, office and
temporary facilities at the site and hand tools not
owned by the workers which arc consumed in the
performance of the Work, and cost less, market
value of such items used but not consumed which
remain the property, of CONTRACTOR,
11.4.5.3. RcntiLs of all constru&6on
-equipment and,machinery and_the parts thereof
Whether rentedti6m CONTRACTOR or others in
accordance' with rental agrcements;approved by
OWNERwith the advice of KNOINEER..on-d.the
costs of .trarispurtition, loading, unloadirig,
installalion,,dismaruling and removal thereof -all'
in accordance with .terms: -of said rental
ngreernents.. The rental of any such equipment.
machinery or parts sliall cease when the use
thereof is no longer necessary for ttie Work.
11.4.5.4; Sales consumer, use or similar takes
related to ' the Word:, and, for which
CONTRACTOR- is liable, imposed by Laws and
Regulations.
11.4.5.5. Deposits lost for causes other than
negligence of CONTRACTOR, any.
Subcontractor or anyone directly or indirectly
or employed by, tiny of them fur whose ucts.uny
of them may behable, and royalty payments and
foes for permits and lic4elui s.
11.4.5.6. Losses and damages (and related
expenses) caused by damage to the Work, not
compensated by insurance or otherwise. sustained
by CONTRACTOR in connection with the
perfonitance and tivnishing of the Work (except
losses and damages tsiihin the deductible amounts -
of proppeerty insurance: established by O\Wi ER io
acconlana with paragraph 591 provided they
have resulted Gum causes other than the
nealigence - of CONTRACTOR; tiny
Stibc;kractor, or .anyone directly or indirectly
employed by any of thegi or for whose lists any of
them may be liable. Such losses shall' includi
settlements made � with the written consent and
approval of OW,IER MO Such lasses. damages
and expenses shall be included inlhe Oust of tke
Work for the , purpose OF determining
CONTRACTOR's fee. If however, any such loss
or damage iequiras reconstruction and
CONTRACTOR its placed in charge thereof.
CONTRACTOR strati be paid for services; it fee
proportionate to that stated in paragraph 11.6.2.
11A.S:T 'rite ciist of utilities, fuel and :sanitary
facilities at the
i 1.4.53. Minor expenses such astelegrams,
long distance telephone calls; telephone service at
the site, c4rc-wreand a-imilar petty cash items in
conraxctionwiththc Work.
11.4.5.9. Cost of premiums iia-hdditional Bonds
and insurance required because of changes in the
Work:
11.5: The term Cast of the Wcik.shall not includeaoy.of
the following:
I LS,1, Payroll costs and other
accountartls. pmchasu and contracting agents,.
expediters, timekeepers, clerks and other'personnel
employed by CONTRACTOR whether at the site or in
CONTRACTOR's principal or n branch office ftu
�enuaI administration of the Work and not speeJcally
included in the agreed' upon schedule, of job
classifications referred 'to in paragraph 1.1.4.1' or
specilict llv covered by pi ragraph'11'.44.4-aucif which
are to be considered admwstratrve costs covercd by, the
CONTRACfOR's fee.
11.5,2. Expenses of CONrRACT.OR's pratcipal and
branch offices other than'C'.ONTRACTOR'.s ofGLe at
the site,
11.5.3. Any part of CONTRACTOR'S capital•
experism including interest on CONTRACTORS
capital employed for the. Wink and charges against
CONTRACTOR fur definqu nt payments.
11.5.4.:Cost of picmiums for till Bonds and fur all,
insurance whether or not CONTRACTOR is required
by the Contract Documents to purchase and maintain
the same (except fair the cost of premiums covered by
subparagraph 11.4.5:9 above).
trCUCOh'[r't'It.1L CONU171G`:Y191115 (17Jn Euitiuil
w/ ❑'fY OF FGR'r COLLII�S titOU11�IGt1UN9 rRGI' •IQaaU)
11.5,5, Coats due to .die negligence of
CONTRACTOR,. any Suhcontmctor, or anytme
directly or indirectly employed by any of them, or for
whose aces any of them may be liable, including but
not limited to, the correction of defectn-e Work
&,Txi l of ntateriais or equipment wrongly supplied
and making good'any damage to property.
11.5.6. Other overhead or general exp,msc costs of
any kiod and the costs of any'uan riot bpeciticilly and
expressly included in paragraph i f_4-
1 t.6- 'the CONT'Iz &bus fee allowed to
CONTRACTOR fai overhead and profit shall be
determined asfollows
11.G.1. a mutually auceplable fixed fee, or.
1.1.6:2: if a fund' fee is not agreed upon, then a fee'
Mscd on the follm"-ing pereemages of the various
purtions'of the Cost of the Work:
11.6.2.I.. for _ castsincurred under
paragraphs11-4-1 and .11.4.2, the
CONT.RACTOR's fee sktlthe fiflecn percent-,.
11.6.2.2: for casts incurred under
paragraph 11.4.3, the CONTRACTOR'S fee shall
be five pen ent,
11.6.2.1 where one or more tiers of
subcintracts arc on the basis of Cast of the Work -
plus a fee and no fixed fee is agreed upon, the
intentof paragraphs 11;4.1, 113.2, 11,_43 .and
11,6,2 is that the -Subcontractor who actually
performs. or Ftrnishos.the Work; at,whatevc tier,
,will t>L paid a fce.di tideen percent ail• the bmbs
incurred by such Subcontractor under paragraphs
11.4.1 and 1I.4:2' arid that imy higher tier
11.6.2A no fee shall be payable on the basis
of:costs itemized under paragraphs 1114.4, 11.4.5-
andI IS,
11.6.2 _ the amount of credit to he allowed
by COMIRACfOR to OWNER liar any., change
which results in a net decrease in cost will be the
amount of the actual net decrease in cost plus a
deduction in CONUPLACTOR's fee Iry tin amount
equal to five percent of such net decrease; and
11.6:2.6. when both additions and credits are
,involved in, any. one change, the .adjustment in
CONTRACTOR's fee shall be computed on the
basis of the net change in accorEbrtce ,with
o:aragraphs 11.6 2.1 through 11.6.2.5, inclusive.
1.1,7. Whenever the cost Of any Work is to he
-25
determined. pursuant to iaragraphs I IA and 11,5.
CONTRACTOR will establish and maintain records
thereof in accordance with generally accepted accounting
practices and submit in form acceptable to E1i'GINGGR an
itemized curt breakdown together with supporting data
Cnih Allmvances.
11.8. Iris understood that CONTRACTORhas included
in the Contract Price all allowances so named in the,
Contract Documents and shall cause the Work so covered
lobe Cumisfe eiid perfcr od" or such sums is may tie
acceptable toOWNER'andENGiN'EER COVIRACfOR
agrees that:.
11,8:1, the allowances include the cost. to
CON'rRAC-RjR (less any applicable trade discounts)
of materials and cquipmem.required by the allowances
to be delivered at the sac .and all applicable taxm avid
CONTRACTOR's costs for unloading and
handling on the site, labor, installation costs, overhead
profitand other cxpcnscs contemplated ,for the
allowances, have been included in the Contract .Price
and nor • -in ihc• allowances. and no demand for
additional Imymenecinaccount of,any of theforcgoing.
will be valid.
Prior to'final payment, an appropriate Change Order will be
isdi d as tecommended. by FjVGfNIF.F,R to n:flect,,actual
amounts,due CONTRACTUR on account of Work'. covered
by allowances; and the CMtmct Price shall 6
oon-Mondingly adjusted.
11.9. Uniii Price Work
11.9.1. Where the Contract Documents provide slim all
or pirtlof the Work is to be Unit Price Work, initially
the Contract Price will be deemed to include foe all.
Unit, Price, Work an amount equal to the sum. of the
established imit prices for each separately identified
item of Unit Price Work times the estimated quantity
of each itern :as indicated in the Agreement. The
estimated quantities of items of, Unit Price Work are
tint. guaranteed and are solely For the purpose of
comparison of Bids and determining an initial Cimtmcl
Price. Determinations of itm actual quantities and
classifications of Unit Price Work perfcxmed by
CONTRACTOR will be madeby ENGINEER in
accordance with paragraph 9.10.
11.92 Each unit price will be deemed to include an
anioum'considered by CONTRACTOR to he adequate
to cover CONTRACTORS overhead and profit for
each separately identified item.
11.9.3. owNER Or CON'T1LACfOR may make a
claim .fur an adjustmem in the Contract Price in
accordance with Article I 1 it`
11:9.3.1. the quantity of any item of Unit Price
Wnrk rreormed by CONTRACIOR difIck
materially' and significantly from the estimated
quantity of such item indicated in the Agreement;
E1CtrCGENMALCONIH'1101M I -809'w Edaiml. ,iG
WICITY OF FORT COUJ. s MC0Itic..A nONsiRl V 4,20M)'
and
it 9:3.2:. there is no corresponding adjustment
with ,respect to any Other item of Work,, and
1.1'1.3.3. if CONTRACTOR believes that
CONTRACTOR isentitled to an. increase in
Contract. Price as a result of. having incurred
additional expense or. OW4-MR' believes that
OWNS(.' is entnled to a decrease in Contract Pricc
and the parties are �,umble to agree as to; the
amount of airy st chi increase or decrease.
1I.9.3A: CONTRACTOR acknuw•ledaes. that
the OWNFRhas the riehtto add or delete items in
the Bid nr chance' quantities it OWN 1F.R'S sole
discretion without: alTectinc the Cuntmet' Price of
any remaunina item so loon as. the deletion or
addition does not exceed twenty-five percent of
the original total contract price
ARTICLE 12-CHxNcF. oF'COm'RAcx T.UVIES
12.1. The Crimract'rima (or Milestones) may. only be
changed by a Change Order or, a Wridei Amendment.
arty claim for an adjustment of the•Cordiw Times (or
Milestones) shall be biased on written notice delivered by
the party making the claim to the other party and. to
FNIGINFER promptly. (but in no event later than thirty
da}s) after the, occurrence- of the event giving rise to the
claim and stating the general nature of the claim. Notice
of�the extent of the claim with supporting data shall be
delivered within sbity'days after such occurrence (lioness
ENGINEER allows additioral time. to ascertain mire
accomic -data in support of the, claim) and shall be
accompanied by the claimant's written statement that the
adjustment claimed is the entire adjustment to which the
claimant has raison.to believe it is entitled as ii result of
the occurrence of mid evcht All claims [or adjustment in
the Contract Times (oi Milestones) shill be determined by
ENGINFER in. accordance with 'paragraph9,11 it'
OWNL•R and CONTRACTOR cannot otherwise agree.
INTO claim for ah adjustment in the Commet Times (or
Milestones) will be valid if not submitted in accordance
with the requirements oilt is paragraph 111.
12.2. All time limits stated' in the Contract Documents
the of the essericeof the Agreement.
13.3, Where CONTRACTOR is prevented from
completing. any part of. the Work within the Contract
Times (or Milestones) due to delay beyond the. control of
CONTRACTOR; the Contract Times (or Milestones) will
be e.Uonded in an amount. equal to time lost clue to such
May if a claim is made therefor as provided in
Paragraph 12.1. Delays beyond the control of
CON71ZR %CTORshatl include, but not be limited to, acts
or neglect by OWNER, acts or neglect of utility owners or
other contractors perfortning other work as contemplated
by Article 7. Cues. hoods epidemics. abnormal weather
conditions or acts. of Ggd. 1Jelays attributable to and
within the control of a. Subcontractor or Supplier shag be
deemed to bi,delays within the control of CONTR.AC_:TOR.
1'_4. "Where CONTRACTOR is prevented front..
completing any pan of the Work within the Contract Times
(or Milestones) due to delay beyond the control of both
OWNER. and CONTRACTOR, an extension of the
Contract -Times (or Milestones) in an amount equal :to the
time lost clue to such delay shall be CONTRACTOR's sold;
and exclusive rcntedy, for" such delay. In no event', shall'
OWNER- be liable to CONTRACTOR. any' Subcontractor,.
an} Supplier. .any other person a ,organization. or fo -.arty
surety for or empliwea,or ages of. any of them, for`
damages ansutg out of or resxilti g from () delays caused'
h}` or within the control of the CONTRACTOR. or
(u) delays beyond the conrol of biuh parties including, but
not limited to, fires; flux& epidemics, abntmaal.weather
conditions, ,acts of God or aets•or neglect b}' utility owners
or other coritmdeTa,performing other wick a, contcmplated
by'Anicle.7.
ARTICLE: 13—T'F_STS AND IN$PECJTICINS;.
CORRECTION, RKNIOVN, OR ACCKF'r,N_ cE.OF.
IMPE47114.'WORK,
mt xciace.ofDefe*
pro"mpt notice of all; defective -Work of which "OWNEWm r
ONGINEM hav;& ritual: kr *ledgc will be gtven'.to,
CONTRACTOR All defective Work. may be rejected,•,
cotractcd of accepted as provided in this Article 1:3,,
.Accgts to Work:.
13:2: OyNNER"ENU'INECR ENGEVEER's Consultants.
oilier representatives and personnel! of OVVNGR_.
independenttzsting laom litories and governmental agencies
wt.,_ j_orisdictict it interests will leave access to the Work at
reasonable=dines' for their observation, , insPeciin and
testing: "CONTRACTOR shall provide them proper and
"safe cote ditions for such access and advise them of
so -CONTRACTOR's site safety, procedures and programs
that They may comply tliaeivith.asapplicable.
7'esfsand ingrections:.
131 •CONTRAC:TOR :hall give ENGINEER timely
notice, of rctdinesa of the Work for all requiredinspections:.
tests or approvals; and shall cooperate with npection'and
testing personneltofacilitate required mspectians or tests..
13.4. OWNER shall employ and pay for. the.services of
an -independent testing -laboratory .to' Ferform, all
inspectors, tests; or approvals required by the- Contract.
Documents. except:
13:4.L for inspections, tests or, approvals covered
by paragraph 13.5 below;'
13.4.1 that costs incurred in connection with tests
,or inspections conducted pursuant to paragraph 1.3.9
Etct�CG6Nt7G1L CONI]t770[vj"I��I th.4 O WI ELStiad
W1 Cm OFFORT COLLINS iltODa7CATIONS m,RLV IrMtlul
Below shall he, paid as provided in said
pam_emph139;and
13;4.3. as otherwise• speeifr_cafly provided in the
Contract Documents.
13.5. 1f Laws or Regulations of any public body having
jurisdiction require any Work (or part thereof) specifically
to be inspected tested or approved by an employee or
Zither representative of such public body: CONTRACTOR
shall asvtrtte full responsibility for ,arranging, and
obtaining scich Inspections.. tests or approvals, pay all costs,
,in connection therewith. and furnish FNGINEER" the
requited certificartcs of utspecum or .approval.
CONTRACTOR shall also be responsible GT arranging
and obtaihirtg..,and shall pay all casts in connection!with
any inspections, tests or approvals- required for OWNER's
and ENGUNEER's acceptance of.matmals or equipment to
be incorporated in this Work or of materials, min designs.
or cqutpment submitted 'for, approval prior. to.
CO,TRACTOR's purchase thereof for ncorporation.m
the Work:
116. If any µ'ork. (or the work of others) that is to be
inspected,,._ tested or approved is covpredi by_
,CONTRACTOR without twrittcn concurrence. of
ENtrINHE'R; it' must, if,mqucsteil by ENGINEER, be
uniove'red:for obscivation
117," Uncovering. Work as provided in paragraph 13 6
shall be at, CONI•RACTOR's, expense tintless
CONTRACTOR has given ENGINEER timc_ly notice of
CONTRACTORS intention to, cover thc. same, 'add
ENGINEER _has notaeted with reasonable promptness in
restxmseto sachnotice.
Uttem,Mng Morki
11S. 'If any Work is covered 'contrary to the, written
request of ENGINEER .il must, "if requested ,by
ENOINEER, be uncovered far ENGINEER's observation
and replaced atCONTRACTOR's expense.,
13.9. 1f I NNGINF.ER considers itmcessary'or advisahlc
that covered Work be observed' by ENGINZER or
ir4ected or, lesiod by others. CO.NTRACT,OR, at
ENGINEER's ialuest, shall uncover, expose or otherwise
make available for observation, inspection or testing.. as
ENGINEER may require; that portion of the Work in
question. furnishing all necessary labor, material and
equipment If it is found that such Work is defectiie,
CONTRACTOR shall pay all claans• costs, lusscs,and
damages.caused by, arising out of or resulting from such
uncovering, etpasune, clzservauon, inspection and testing
maid of satisfactory replacement car rewnstrtictioit
(including but not, limited to all cults, of repair or
replacement of work of others); and OWNER -shall be
entitled to an appropriate decrease in the Contract -Price,
and. if the parties are,urrabla tea agree as to the amount
thereof may make a claim therefor as provited in
Article 11. If, however, ,such Work is not found to be.
def ettye CONfRAC'fOR shall he allowed an increase in
the Contract Rice or an euension of the Contract Times
(or 4lilestones), or both, directly rounhumble to such
'7
uncovering, rgpastiie observation nstxction testing.
replacement anil reconstructibn anti; if the parties ;are
unable to atace as to the amount, or em-et thereof,
CONTRACTOP may make a claim therefor as provided in
Articles I Land l'_:
OIVNER:SlayStop the tl:ork:
13:I1): If the Work is defective; or CONTRACTOR -fails
to supply sufficient skilled workers or suitable materials or
equipmern; or. fails to furnish or perform the Work in such a:
way that the completed Work will cunfonn to the Contract
Llneuments OIVNER'may order COe''I'RAC'fOR to step
the kVork. or any -portion thereof until. the cause f6r such
order has'been eliminated;"hmveven this 60i of OWNER
to stop the Workshall not give rise,to.any:duty on the part
of OWNER to exercise this nclut for the benefit of
CONTRACT OR or any surety or other party.
Correction or Remo' of of Defective Work
13:1.1'. 1f required by ENGINEER, CONTR.ACTOR.shall.
promptly, as directed, either correct all defacvit•e •Work,
whether or not fabricated, installed or completed, or, if the.
Wort: has been rejected by ENGINEER, remove it from the
site and replace it with Work that is snot_ defective.
CONTRACTOR shall pay, .all, claims, cost.% lossesand
damages mused, by or resulting from ,such. correction or
removal :('uu ludinj but not limited'to all costs of (epau or
replacement of work of others),
1112.' Correction Period-,
13"12:I If within one-year twoyears.after the date of
Substantial Completion orsuch longer: period of time as
may be prescribed by Laws _or Regulations or by the
terms of.gny.applicable special guarantee required by
theCbntract Documentsor by any, speetfic.provision of
the Conliact,'Docurne- , any Work is-.lound!,to be.
;infective. CONTRACTOR.smll promptly, without cost
to OWNER and Sri accordance with OW'NER's written
instructions: (i) correct such defeo" Work. or, if it has
been rejected by OWNER remove it from the site add
replace 'it with Work that. is not *fective; and (ii)
satisfactorily nurect,or remove and replace. any damage
to other Work or thie work of Ethers rcsulting.thereftom.
if CONTRACTOR does not promptly comply with the.
tams of such instructions, or in an'emergency where
May would reuse serious risk of loss or damage,
OWN may have the defective Work corrected or the
rejected_ Work removed and replaced. acid all claims,
costs; losscs and damages caused by or resulting from
such' removal:' and replacement (including but not
limited to all costs of repair or replacement of work of
mlitri).will be paid by CONTRACTOR
13.12.2, In .special circumstances- where a .particular
item of. equipment _ s placed in continuous service
before Substantial Completidfi of all the Work the'
correction period for that item may inn to run hm,an
earlier.date if so provided in the Specificutions ur by
Written rAmcndment.
lil'__1,Where-dgfeedve Work (end damage to other
��, '61CUCi76NLKAL(:ONINTIom 1911)4 t5kvV 6diiiml
W1 C111CO4FORT COnt.1NS MCAAMCA'r1ON5 f ftL•V A Ra(gl'
Work resulting therefrom) .has been corrected,
removed or replaced underthis paragraph 1312 the
correction. period. hercunder.avith respect .i.0 such' Work
will be extended for an additional period of one yeae
two Year alter such. correction or removal and
t replacement haheen.satisfactorily completed
rlc&prnnee of Defective tKirk:
13,13. ,If instead of requiring correction or removal and
replacement of defecttve Work,OIVNER,(ariif prior try
ENGINFER's recommendation of final payment also
O CUNFER). pprrefers to accept it, OWNER may do sm
CONTRr+.CTclR "ll pay all claims, costs, losses and
damages attributable to OWNER's evaluation of aril
doicrmination toacceptsuch &,fectiveWork (such costs to
be approved by ENGINEER as to.reasonableness)- If any
such acceptance occurs prior to E'NGINF.ER's
recommendation of final paymtem, a Change -Order will be
issued inctxporating the necessary revisions in the
Corriract Documents with respect to the Work: and
OWNER shall be entitled to an appropriate decrease -in the
Contractprice, and, if the parties arc unable to agreeas to
the amouni thereof, c}WNIE:R may.make a claim therefor
za, provided in :article Ill.. Ifthe.acceptance occurs after
such, recommendation; an _appropriate amount will he paid
IV CONTRACTOR to OWNER.
OWNER Mnr Correct Defective Work:
13,14. IfCONTRACTOR fadswithin isreasonable time
after written notice from ENO FNE1 R to correct drfec&e,
work.or t, remove and replace rejected Work as required
'by:HNGINF.ER.in accordanec'ivith paragraph 13:11, or if-
CON`fRACTOR fails to.perfomt the Work in accordance
with the- Contract Documenm or if CONTRACTOR tails
to comply with any other pr&Vmiori of the Contract
Documents,_ OWNER may, after seven diys' written
notice•to CONTRACTOR correct and remedy any such
deficiency" '.In ekercising the rights mid remedies under
this paragraph UW VER' shall proceed expeditiously, [n
correction with such corrective and -remedial action,
'OWNER may.exclude CONTRACTOR from a It orpart of
the site.. take possession.of"al(ar pun•of the Wont,,and
suspenn CONTRACTOR's services related thereto, take
possession of CONTRN&OR's tools. 'applinnres,
construction equipmcm and machinery at the site and
incorporate in the Work`. all materials- and equipment
stored at thesite, or for which OWNER has paid
CONTRACTOR but tihich wire stored elsewhere.
CONTRACTOR shall .allow OWNER; OWNER's
representatives, agents" und.employees. OWNEWs.othcr
contractors and ENGINEER and LNGINTEER's
Consultants access to the site to enable OWNER to
exercisethe nghts and remedids underthis pamguph: NI
claims, costs, Icsstis and damages incurred or sustained by
OWNER in exercising suck rights and rein&lies will be
inst charged agaCON RACTOR anal a Charee'Order will
be issued -incorporating- the 'necessary revisions in the
Contract Documents with respect to the Work; and
OWNER shall be entitled to an appropriate deamse in the
Contract Price, and, ifthc parties arc unable to agrce as to
the amount thereof. OWNER may make a claim therefor
ss.provided in Article t _" Inch claims; casts, losses and
damages Will include but not be limited toall costs of
repair or replacement of work of others destroyed or
damaged by correction removal or replacement of
CONTRACTOR's defective Work, . CONTRACTOR shall
not be allowed an e.�lensien of the Cordmct Times (or
Milestones) -hem use of any delay in performance of the
Wink attributable to the exercise by 0\VNER of OWNER's
rights and remedies hereunder.
ARTICLE U-PAYMENTS TO CO-NTRACTOR AND
COMPLETION
Scheduti of Values•.
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments
p. m and will he incortcd into a. form of :Application` for
Paymentacceptable to E\r rGINEER.. Progress payments on
Recount or Unit price Work will be based'on the number of
unite completed.
Applicuiiqn for Progress Pavmennt
142. At least twenty days before the date csnblished for
Loch progress payment (but net more often than .once a
momhl. CONTRACTOR shall submit to ENGINEER for
review an Application for Payment filled out and signed by
CONfRAC1'OR covering, the Wdrk completed as of the
date of the Application and accompanied by such
supporting docttmen[ation as is requited by the Contract'
Documents. If payment LS ,requested on the basis of
materials; and equipmam not incorporated in the,"rork but
delivered and suitably stored at the site or at arnather
ltictlion agreed to in writing, the Application for payment.
shall also be accompanied by a bill of sale,'invoice or tither
documentation warranting that OWNER' Ins received the
materials and equipment five and clear of all Liens and
emdenee that the tna(erials•mid eituipment.are covered W
appropriate propertyinsurance and other arrangements to¢
protect OWNM2'sinterest thereat, all of Which will be:
satisfactory to OWNER. The amount of retaimrge with
respect to progess payments will be as stipulated in the
Agreeiirent. & funds that are .withheld bytheOWNER
shall not be subiea t ssubstira6on by the CONTRACTOR
with securities or am turangements involving an escrow or
custodianship. Dv executing t}ae'applicalion Cor pavement
form the CONTRACTOR noresslt• waives his npht to the
benefits of Colurado,RevisedStatutes Section 24-91-I0I,
CL SCU.
CONTR•ICTOR's Narmnn, of Tide:
143. CONTRACTOR watrantgamd'etumititm thmt lice
to all 'Work,. materials and equipment coveredby any
Application for Payment Whether incorporated in )lie
Project tv net.. will pass to OWNER no,laler than the.timc
of.payment Gee and clear of all Lims.
Review of;t pplhn6ons for Progress Payment
14.4. ENGLVV EER will. Nsitlwi ten days after receipt, of
each Application for Pryment, either indicate in writing,a.
tAUCObNl:7L1L CO, DrnONstnos(i9'J(r Ethtiartl
Wt Cl7 OF FORT COLLINS MODIFICATIONS(MV42000)
recommendation of paymeit and present the Application
to OWNER, or return the ,Application to CONTRACTOR
indicating in :writing. ENGLNEER's reasons for refusing to.
recommend payment. In the latter case; CONTRACTOR
may .make 'the .necessary corrections and resubmit' the
.Application. 'fen days after presemation of the
Application -for Payment to OWNER' with e4GiNL•ER's
recommendation, the, amount recommended will (subject
,to the provisions of die last sentenceofparagraph,l4:T),
become due and when due will be paid. by OWNER' to
CONTRACTOR
14.5. 'FNGINEIRs recommeridetion of, any, payment
requested in an rlpplicaticet for Payment will:constitute a
reprtsematidn by FNGINPHR to Off\"NFR, hared *on'
ENG(N1EfdR's on -site oliscrvaiions of the executed Work
as an experienced and yualilied tlesisri professional and on
F.NGINFER's review of the Apppplication for Payment and
the accompanying data and schedules, that to the best of
FNGINFER's knowledge, intornition and hclicf..
14.5.1. the Work has progressed. to .the point
indicated,
145:2: the, quality of the Wort: isgeneraRy, in
acccxdance'with the Contmet Dc�crumcnts (subject-tq'
an: cvalu5tion of the Work as a ,functioning whole
pnur to or upon'Subsuintial Completiim, to the, results
of';arty subsequent tests called for. iii the Contract
Documents, to a final determination of quantities and
classifications ' for Unit 'price Work 'under
pnmgnph 9.10, and toany curer-quilifieatitins.statcd
at the recommendation); arid.
14.5.3: the conditions prccedcm to
CONTRACTOR's.being entitled to such paymeru
appear to have been fulfilled insofar as it
ENGP, fEER'sresporsibility to'observe.te Work.,
However, ;by recommending any such payment
ENGNEER wifl not. thereby b€ deemed to have
represented that: (i) eAmusnive br continuous on -site
attspecti6as have been made to check the quality, or the
quantity of .the Work (Lyond the responsibilities
specifically assigned to ENGINEER in the Contract
Documents or (ii) that there inav not be other matters or
issues 'between the parties that might entitle
CONTRACTOR to be paid additionally by OWNER or
entitle OWNER to withhold puymcm to COi TTRACTUR
14.6. M- MINEER's recommendation of any payment,
includingfinal payment,. shall not mean that ENGINEER
is responsible fear CONTRACTOR's means, methods,
techniques. sequences or procedures of construction, or
the safetypreatutiuns and programs' incident thereto, or
f6r,any failure of.CONTRACTOR to comply with Lajvs'
an Regulations applicable to the furnishing ur.
performance of Work.. or for any failure of
CONTRACTOR to perform or famish Work in
accordance with the Contract Documents..
14.7. HNGINEFRmay rcfusetoreaanmend the whole
or any part of any payment if, in ENGEQEERs opinion. it
would he incorrect to make the representnunns to
29
O\VNER refeneti to•in pamgmph:14.5, ENGINEER may
also refuse to recommend any such payment, or„because of
subsequently discovered evidence or the result's of
subsequent utspections or testa nullify any such payment
previously recommenda to such eetertt as may be:
necessary in IN opinion to. protect OWNER.
from loss because:
143:1., the \York is defectrl'r, or completed Work has
been damaged requirua3 correction or replacement.
14.7.2. the Contract Price has. been reduced by
Written Amendment or Change Order,
14.73_ OWNER has been required to correct
dif+ctrte Work or complete Work irt'accordanec'w•ith
paragraph Ij. i4. or
14,7:4. ENGWEER bus actual knowledge of the
occumencc. of any I.of the events enumerated in
paragruphs 15.?.1 through gh 1524 4 inclusive,
OWNER, may refuse to make payment of the full amount
recommended by FNGINRER_because:
14.75, claims have been made against OWNER, on
account of C'ONTRACrOR's perfim»anoc or furnishing
of the Work;
14.16. Liens have,beemrled in _connection with- the
Work, except where CONTRACTOR has delivered a
specific ,Bond:sttisfutoiy to OWNER to secure the
satisfaction aitd disclmrge ofsuch .Liens,
14.73, there arc other items entitlingOWNF,R to a sd-
otT against the amount recpmmended: or
14.7:8. OWNER has actual knowledge of the.
occurrence of any of the events, anumhated in
pamgmplu 14.7.1 through 14.73 or pruagraphs 15 -.I
through 15,3,4 inclusive;
,but 'OWNER must give CONTRACTOR immediate
written notice (with acopy to FNGfNF,F,R) .stating the.
reasons for such action and promptly pay CONTRACTOR
the amotint so withheld, or ahy.adjustment' thereto_ agreed
to by OWN`lM and CONTRACTOR. when
CONTR•CTOR corrects to OWIvTER's satisfaction the
reasons for such action
.Substantial ConrpleBnn:
14.5. When CONTRACTOR avuidas the entire Work
ready for its attended use CONTRACTOR shall notify
OVVNER•and F-iQENEER in-%%Titine that the entire Work
is substantially complete (except for items specifically
listed by CONTRACTOR as incomplete). and reiluest that,
0qG1NEE•R issue- a certificate of Substantial Completion:
Within a reasonable. time thercallbr, OWNER
CONTRACTOR and ENGI4T -EP shell make an inspection
of the Work to determine the status of completion. If
LtNGINEER tics not consider the Work substantially
complete: ENGINEER will notify CONTRACTOR in
writing giving the reasons therefor- If ENGINFEIR.
ill h1CDCUENERAL CO`TIMION3 1910 S 1199V EStimt
wf CTrY OF FORT COULIM NC1DLPICA'rioNs iaL•V •i 2a(gll
considers the Work :substantially complete, 3NI(J BEER
will prepare and deliver to () NFR-a tentative cenifrcrae
of Substantial CumPletii_n which shall fix the date of
Substantial. Completion. There shalt be attached to the
certificate a, tentative list of itemsto be cumpleted or
corrected before final paymiem Ol413FR shall have seven
days after receipt of the tentative certificate during which
to make written objection. to ENGINEER asto arty
provisions of the certificate or attached list IC alter
considering such otijcctiuns. WGINIMR concludes that
the Work is not substantially ampltw, ENGNEER' will
within- fourteen days after submission of the ientative
certificate to OWNER notify CONI'RAITOR in writing,
stating the reasons therefor. I( after consideration of
OWNFR's ohjectiona hNGINEE.R considers the Work
substantially complete. ENGINEER will within said
fourteen days execute and deliver to. OWNER and
CON°I RACI'OR a. definitive certificate of Substarttial
Completion (with a revised tentative list of items to be
completed orcorrected)reflectine.such changes from the
tentative certificate. as ENGINEER believesjustifie_d after
consideration of anyobjections from OWNER. At the
time'.of delivery of the tcraative certifiatc of Substantial
Completion. F.N(;IUFFR wilF deliver to OWNER. and
CONTRAM'OR.a written rcc_ommendation as to division
of reslxinsibilitics pending _final' pavment .between
OWNER. and CONTRACTOR with respa-t to security,
w4atioR safety, niainlenartec; heat, _utilities_ insurance
CON I'KX; I OK'agree otherwise at writing and so inform
FSIGINFER in writing prior to" ENCTMEER's issuing the
definitive certificate of Substaniial Completion,
ENGINEEWs aforesaid' recommendation will be biialigg
on OWNER and CONTMACTOR until foal payment.
14,9, O\\NL—k shall have the riaht to exclude
CONTRACTOR from the Wort: ifter the •date of
Substantial- Completion. but OWN- shall — alto u.
CONTRACTOR reasonable access to complde or correct
items on the tentative list
Parfipl 116(itation:
14,10: Use b}• OWNER at.OWNF.R's option of any
substantially completed ptn.oFthe Work; which; (i) has
specifically been identified in the Contract Documents. or
fN (u)OWNER. ENGEM and CONTRACTOR agree
constitutes a separately functioning: and usable Puri of the
Wink that. can be risen by 0-AMNER' for its, intended
purpose without significant 'intciferenee with
CON'TRACTOR's performance of the remei_nder of the
Work.. may be accomplished prior to Substantial
Completion of all the Work subject to the following:
I4.10LOWNER at any time may request
CONTRACTOR in writing tu_permit OWiVLR to use
any such part of the Work w%161 OWNGRbelieves to
be ready for its intaaled ww and substantially
complete. If CONTRAC'I'ORagre- that sutdi part of
the Work is substantially ctariplete, CONTRACTOR
will certify to OWNER and ENGINEER that such
part of the Work is suhstantiallycomplete and request
ENGINEER to issue a 'certificate of Substantial
Completion for that pan of the Work,
CONTRACTOR at any time may notify OWNER and
ENGINEER in wriiing that CONTRACTOR considers
any such part of the Work ready for its intended use
And sulntantnally cutiplete and request LNGINHER to
issue a certificate of Substantial Cumpleiibn for that
pan of the Work. Within a reasonable time after either
such request, OWNiE•R, CONTRACTOR and
1 NO EER shall [Hake an inspection of that part of
the Work to determine its status of completion If
ENGINEER does nut consider that part of the Work to
be substantially complete. ENGINEER will notify
OIVER Narid CONTRACTOR in wribrig jving the
reasons therefor_ If ENGFNE-NR considers that part of
the'Woxk to be substantially complete, the provisions
of paragaphs.14.9 And I49 will .apply with respect to
certificationof,Suhstantial Completion of that pan of
the Work and the division of responsibility in respect
thereof and access thereto.
14.10._: No occupancy or separate operation of part
of the Work- will be owumplished prior.to.compliance.
with the requirenients•of paragraph 5.15 in respect of
property insurannce:
•Final Ingrectron:
14.11. Ilpori written notice from CONI:RAC'rOR that the
entire. Wart: or an agreed portion thereof Ls 'complete,.
LNGhN E R will make a final impection with OWNER
and'C:ONfRACTOR and will notify (Y)NCRACTOR in
writing of all particulars in which this inspection revenls
that the Wirk is incomplete or dejecrive:..CON'rRAC'f OR
shall immediately take such nnewures as are necessary to
complete such Work or rem cdy such deficiencies:
Final Application'for Pa rineric•.
14.12. After CONTRACTOR has completed all such
corrections to the satisfaction of ENGINEER ,rid livered
in :Accordance with the Contract Documents .all
maintenance and opcmting instructions sgheilules,
guarantees, Bonds, certificates or other evidence of
insurance required by rygtaph5.4, certificates of
ins pcctior' marked -up record rlocurnents (as.provided in
patngraph6A9) anti other doeunnems; CONTRACTOR.
may make application: for final-paymeriL following the
procedure for progress payments: The final Apphcauoin lbr
payment .shall be aaiompanied (except. as, previously
delivered) by; (i) all documentation called for in the
Contract Document& includirg but not limited to the
evidence of insurance required by subparagraph -ia_I'3..
(ufinal
) consent of the surety. if any, to l payment. and
ui) complete and legally effective relexsr_4 or waivers
(satisfactory to OWNER) of all Liens raising out of or riled
in connection with the. Work. In lieu of such releases tr
waivers of Liens and as approved by' OWNER,
CONTRACTOR may furnish rrceipts or reicrses in full'
and affidavit of CONTRACTOR That: (i) the releases -and
receipts include all labm-sen'ium material and 2quipmrnl
Ydr which a Lien could' lie ' fded, and, (ii) all payrolls,
material and equipmem, bilLs, and other indebtedness.
connected with the Work fcir which OWNER or OV NFR's
propertymight iit any way be responsible have been paid or
othenvisesausfied if Any, SubcontmetorWSupplier fails
[:R'�C(ih'NtX.V;,C01111710.+.1'191t1$ lI7N! EAEtianl
w! Q'rY Of [OR'r COLLIhS Ml)t)11�1(:dT10N9 (REV •1200V)
to furnish such a release or receipt in full.
CONTRACTOR' may kirni:3i a Bond or other collateral
satisfactorv.to.OWNER.to indemnify-OWNER'agamst
Any Lien. Releases or waivers of liens and 'thc�consentof
the surely to finalize havanent -arc. ton be submitted on
forms conforming to the•fornlat of the OWNFR'S standard
f s:bound in the Project manual: .
Dural Payment a d.A'rcfWance.
14.13. if, on the basis of ENG=, - Ws observation of
the NJovk during ccns'&uciion and ftnaf irnspeetaon and
F:NGINFER's review of the final Application for payment
and accompanying documentation as required by the
C:cmtrm:t Documents FNGILNFF.R. is satisfied that the
Work has been completed .And CONTRACTOWs other
obligations under the Cuntrad Documents have been
rulftllcd, ENGINEER will, within ten clays after receipt of
the final Application for i'aymcm, indicate in writing
FNGiNIEER's recmmmmcndation. of payment and present
.the Application io' OWNER for payvttent. ALthe same
Iime.ENGINEER will also give -writ ten notice to OWNER
nnd'CON'1'RACI'OR that the Work is acccptahle subjeci
to the provisions of paragraph i4,15. Otherwise,
hN(i1NVkR will return the Application to
CONTRACTOR, indaeating in- writing ,the reasonsfor
refusing to recommend final payment, in which: rase
CONTRACTOR'shall make the necessary corrections and
resuhriit the.Applicallo n. 'Thirty d i);s after,presentatio n to
OWNER. of the Application and accompanying
documentation: in ;appropriate. firm and subs=me. and
with HNGINEER's remmmendation and notice of
acceptability, the amour recommended by. ENGINEER
will becomc due and will be paid by OWNER to
CONTRACTOR suhiect'.to. nxraeraph 17.62 of these
Gegerallon56iiptis.
14.14. It through no fault of CONTRiX&011, final_
completion of the Work is' significantly` delayed .and of
'ENGINEER so confriiis, OWNER dial). upon receipt of
CONTRACTOR's' ftinal ,Application 'for Payment and
recommendation orcNCINEER, "and without terminating
die Agreement, make payment of the balance due fr that
portion of the'Work fully completed, and accepted, if the
remaining balance to be held by OWNER for Work not
fully completed or corrected'is.less than the..retaiinage
stipulated in the Agieetnent, amid if Bonds liive•becn
furnished as required in paragaph 5.1,,the written consent
of the surety to the payment of the balance diie for that
portion of the Work fully completed and accepted shall be
submitted by CONTRACTOR to LNGIN. with the
Application lbr such paynnenL Such payment shall be
made under the terms and conditions governing final
payment except that it shall not oonstitute.a waiver of
claims.
Wnivrr ufGlriimS;
14.15. "l'he inakatg and uieptance uC funml paynlrni will
cdnititute:
14.15a.a waiver of all claims by OWNEfR.agninst
CONTRACTOR except clams arising from
unsettled !,Jens, from ikrecrive Work appearing after
final inspection pursuant to paragraph 14.11, ,from
failure to comply with the Contract Documents or the
terms of at* special, guarantees specified therein. or
from CONTRACTOR's continuing obligations under
the Contract Documents: and'
14.15.2.A waiver of all claims by CONTRACTOR
against OWNER other than those previously made in
wntuag and still unsettled..
ARTICLE 1S- SUSPFNSION OF NVORIC AIND
T.ERIM11VATION
0IVA1:R 31ay &vend Work:
15.1. At. any time and without cause,. OWNERmay
suspend the Wprk orany portion thereof for a period of not
more than ninny clays by notice in writing to
CONTRACTOR and'FNGINFFR which will fix. the date
on which Wart: will be resumed. CONTRACTOR shall'
resume the Work on the date so fixed t;CONTRACTOR
shall he allowed an adjustment in the Contract, I-riceor an
extension of the Contract Times, or ninth, directly
attributable to arty such nest tension if- CON'TRACTOR
makes. an apperrved claim therefor a5 provided .in
Articles 11 and 12.
01EMW May Terniinare:.
15.2: Upcd the occurrence of any one or more of du:
Collowing ezvenis.
if CONMWTOR persistently fails to perform
the Work in accordancewith the Cordhict.Docurnt nts
(including but not limited to. failureto supply stifficient
skilled workers or suitable materials or equipment or
Failure io.,adhere to the piogress'.sctcdulc ,stablished
under:paragraph2.9 as adjusted from time to'time
pursuant to para�raph 6.6):
1'i2.2. if CONTRACTOR disregards. I..aw•s or
Regulations of any public.bock having jurisdiction;
15.2:3., if CONTRACTOR disregards the authority of
ENGINEER, M
1_5:2 4, if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract
Documents:
OWNER may, alter giving CONTRACTOR (and the
surety,. if. arty) seven Jaye written notice and to, the, extent
permitted by Laws and Raulstiorts, terminate the services
of CONTRACTOR excluile CONTRACTOR from the Oe.
and take possession of the Work and of all
CONTRACTOR's tools, appliances, construction
equipment and machinery ut the site and use thie.same to
the full extent_thty, could be used by CONTRACTOR
(without liability to C0NCRAC7rOR for trcspacs or
conversion). incorporate in the, Work. all materials and
equipment stated at the site or for which OWNER hag paid
EXDCGENeR,u C0N1)Fn0, a 010-8 itgva eytiml
•�� w; CITY 01, PORT COLLINS MCO[PICAT10NSIRLV42000)
CONTRACTOR but which are stored elsewhere, and
finish the Work. ns OWNER may tl tan expedient, [n.such
ease CONTRACTOR shall not be entitled to receive any
further payment until the'1Vurk is finihed sIC he unpaid
balance oC the C xilracl. Price exceeds all dairies• costs.
lo1S.e.S and damnges susained by OWNER arising out of
or resulting. from completing the Work such excess will be
paid to CONTRACTOR If such cla ins costs lases and
damages exceed such unpaid balance, CONTRACTOR
shall pay thc.dillerena to,OWNER.. Such claims•, costs.
losses and damages incurred by OWNERw ill be reviewed
by ENGINEER as; to their rea>zsomr6leness and when su
approved by ENGINEER incorporated in w0raneo Order,
provided that when exercising any rights or remedies
under this.paragraph OWNER shall not be required to
obtain the low•est.pnce for the Wort; pcifotnud,
15.3. Where CONMACrOR's services have been so
terminated by OWNER; the tcrminatictr will, not affect
any rights' or remedies uf' IN against
CONTRACTOR then existing or which may thereafter
accrue, Any retention or ,payment of moneys due
CONTRACI'Ok by , OWNER' will not. release.
CONMACTOR from llahihty,
1' ;,4: •Upon scy'en. days'. written ,notice- to
CONTRACTOR. and ENGINEER. OWNF'.R.' may,
without cacti and without, Prejudice to any other right or
remedyofOWNEIZ elect to terminate the Agreement. In
such case, CCINrR'AC OR shall; be paid (without
duplication of any items):
15.4.1. forcompleted and acceptable Work executed
in.accordance with the Contract Documents prior to
the cfreetivcdate of termination; including fair and
reasonable stims. for overhiad and profit on such
Work'.
15.4.2. for expenses sustained prior to the effective
date of termination in performing services and
turnishi»g.lahor materials or equiprnent'as required
by the. Contract 'Documents in connection with
uncompleted' Work plus fair and'reasomxble sums for
ovcrl=d and profit on such expenses',.
15,4.3.. f'or all Claims, costs„ losses s and damages
incurred, in settlement of'terrtinat d contmcts..with
SubcbntraaetoM Suppliers and others,, 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 of other eamcimic loss
arising out of or resulting rrorn such termination
CONTRACTOR May Slop Work ar Terminate:
15.5. IC through no act or fault oC CONTRACTOR the
Work is suspended for a period of more Than ninety flays
by 01W, ER or under an order of `couR or other public
authority, or ENGINEER. fails'.to-act on any Application
for Payment within thirty days after it is submitted or
OWNER fails for thirty days to ryty,C:C)NTRAC`.fOR.any
sum finally determined to be due, then CONTRACTOR
may, upon seven days' written notice to CANNER and
LNGIly-EER and provided OWNER or ENGINEER do not
remedy such suspension or failure within that time,
terminate 'Abe Agreement and rccaver from OWNER
payment on the same,terms as prmided vi paregraph,15.4.
In lieu of terminating the :Agreement and without prejudice
to any other rig it or remedy, if-LNGIlNK-R has failed to
act on an Application for Payment within thirty days after it
is submitted, or OWNER has failed for thirty days to pay
CONTRACTOR any, sum, finally determined to be due,.
CONTRACTOR. may upon seven days Nrillen notice to
OWNER and ENGINEER'stop the Work until Payment of
all sucti amounts flue CONTRACTOR, including interest
thereon. The pprovisions of this paragraph 15.5 are -not
intendedto pra:ludc CONTRACTOR from making claim
under Articles I l and 12 for un vazease in Contract Price
or -Contract 'Times or otherwise for ccpen%es or darriaee
directly attributable to COtN'TRACTOR•s stopping Work as
permitted In thisprragardt
:4RTICCEI6—OISPIFFE RNSOLUTION
If,and .to thee cant: that OWNER and C,ONI'RACTOR
have agiced on dx method and procedwe far resolving
disputis between them chat may arise finder this
Agrecment, such dispute resolution methodand procedure,.
if any, dull be as set Forth in Fxtibit GC4e ,. 'Dispute
Resolution Agreement", to be attached "16 arid: rnade'a
part hereof. If no such agnvement on the method and
procedurc for resolving such di-- Ica has been reached
and subject to the provisionsof paragaphs9,70; 9.11 and
9,12. OWNER and CONTRACTOR may exercise such
rights or. remedies as either may utherwise ttave under the
Contract Imcument% or by Laws or Regulations in respect
of any dispute.
.ARTICLE 17—MISCELLANEOUS
piing Nenice.'
17.1_ Whenever any provision of the Contract
Lbcuma`its requires the giving of written nutice, it will be
deemed to have been validly given if delivered in person to
the°individual or to a member of the Firm, or to an officer of
the,corporatitm for wham it is intended, or if delivered at or
seta. by regisecd or certified mail, FKAagC prepatiL'lu the
last business address known to the ,fiver of the notice.
17X Cannputation of Mine:
17.2.1. When any period of time is referred to in the
Contract Documents by days, it will be computed to
escludd the. firstand include .the last day of such
period. If the last clayof any such period fall's on a.
Saturday or Sunday or on a day made a legal holiday
by the law of the applicuble jurisdietiun, such day will•
he omitted from the cottiputntion.
FKmC(jENhs,%L CO 4wnoPlS twill$ oly)o 0tiun
w!Q'rYOFFORT COLLIN"A1WIFIC.t1lUNS IRGV IQUWJ
1.7,'_.?: A calendar day of twenty-four hours measured
from midnight to the next midnight will constitute it
day.
1Vogce nf(,7nyrr
173.•,ShouldOWNER orCONTRACTORbuffer -injury
or damage., lo person orproperty because of any error,
omission -or act of the other party or of anv of the. other
pnnys employees of agents or others for. whose acts the
other party fs legally liable: claim will be madi'in writing
to the other patty within a reasonable time of the tM.
observance of such injury or damage.. The provisions of
this pnragmph 173 shall not be construed as a substitute
for or a waiver of the provisions of any applicable statute
of limitations or repose.Cumuladve Remedies:
17.4• 'rhe duties and obligations imposed by these
General Conditions and the rights and remedies-availahle
herconde to the parties hereto.. and, in particular but
without limitation; the w•rtrranticc guarantees and
obligations .impmd upon; CON7RAc,rOR' by
paragraphs 6.12, 6.16, 6.30, 63 % 632; 13.1,13.12; 13.14,
14.3 and 13.2' and•all o£ the Haht% and remedies avai lahle
to 0W(1F.R and 6NGINFFA thereunder, are in addition
t6, and arepotto Be construed in any wayas.a.limitation
of,mny riglasamd remudics availablc:to any or all'of them
,which .are otherwise inipased or available. by Laws or
Regulations -by special warranty orguarantec or by other
Provisions of the Contract Documents; and the provistorks
of this paragraph will, he as .effective as if repeated
specifically in tlx Contract.Documcnts in'connectiort with
each particular duty, obligation; right and remedy to,ivhich
they apply:
Yra%eitinnal Fees and Cuurl Cmty Inctuelyd-
17.5. Wheneverreferenca is made to 'claims; costs,
losses and damages"; it,shall include in each case. but not
he limited to, all fees and charges of ehgineeis, architects,
.attoirrevs and other professionals and all court or
arbitiation or.other dispute resolution costs.
17.6, The laws of tht b9eCadogto this
&grcement Referenceo two " inent Colorado statute.%
are as follow
17.6.2. 1f a claim is filed OWNER s reuu ird by
law (CR3 38-26-107) to withhold from all tayments to
CONTRACTOR sufficient funds to insure the
payment of all claims for labor, materials, team hire,
sustenance, provisions. provender. or other. supplies:
used or consumed In, CONTRACTOR or, his
33