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HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - CONTRACT - BID - 7290 CRACK SEAL & FILL PROJECT 20121 t 1 1 1 1 City F6rt Collins Purchasing Financial Services Purchasing Division 215 N. Mason St. 2n° Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing SPECIFICATIONS CONTRACT DOCUMENTS FOR CRACK SEAL & FILL PROJECT 2011 BID NO. 7290 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS 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. I OWNER referred to in paragraph 145. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNHR from loss because: 14.7.1. the Work is dejeelive, or completed Work has been damaged requiring 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 ,*fecth•e Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of anv of the events enumerated in paragraphs I5 2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTR.AC't'OWs performance or furnishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNF,R to aset- ofFagainst the amount recommended, or 14.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2A inclusive:. but OWNER must give CONL M\CTOR immediate written notice (with a copy to ENI GIIN'F.ER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's Satisfaaction the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as inccmplete) and request that ENCLNE-E•R issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER. CONTRACTOR and ENGINELR shall make an inspection of the Wok to determine the status of completion. If LNGINFER does not consider the Work substantially complete. ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a- tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections. ENGINEER concludes that the Work is not substantially complete. ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER'S objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and COM'RACCOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CON'TR,kC'I'OR with respect to security, operation. safety, maintenance, heat, utilities, insurance and warranties and guammees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER'S issuing the definitive certificate of Substantial Completion, ENGNEEWs aforesaid recommendation will be binding on OWNER and CONTRACTOR until faerl payment 14.9. OWNER shall have the right to exclude CONTRACTOR from Ube Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list Partial Utilization: 14.10. Use by. OWNER at OWNERS option of any substantially completed part of the Work; which: (i) has specifically been identified in the Contract Documents, or (it) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONNTRACTOWs performance of the remainder of the Work; may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1.01NNER at any time may request CONTRACTOR in wTiting to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such pail of the Work is substantially complete. CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. L I I EtCDCGENET-AL CONDITIONS 19103 (1990 Edition) ' 30 w/ CITY OF FORT COLLINSSIODIFIcxTiONS(REV4l1000) I I I u L I CONTRACTOR at any time may notify OWNER and R40WEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time'after either such request, OWNER CONTRACTOR and ENGINEER shall "make an inspection of that part of the Work to determine its status of completion If ENGINEER does riot consider that pan of the Work to be substantially complete. ENGINEER will notify OWNER and CONTRACTOR in writing "giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect* thereof and access thereto. 14. M2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, LNGLN'EER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deticiencics Final Application for Payment: 14.12._ After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions. schedules, guarantees, Bonds, certificates or other evidence of insurance requited by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragmph6.19) and other documents. CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i)all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagaph 5.4.13. (ii) consent of the surety, if any, to final payment, and (ut) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising, out of or filed in connection with the Work In lieu of such releases or waivers of Liens and as approved by OWNER CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that: () the releases and receipts include all labor, scr'ices material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills, aril other indebtedness connected with the Workfor which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. if any Subcontractor or Supplier fails ercoc:Gh ERat, CONVITIOM 191M (1990 Eclilm) wt lrrc of FORT COLLINS MODIFICATIONS (REV 4aoco) to furnish such a release or receipt in full. CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. Releases or waivers of liens and the consent of the surety to finalize wvrnent are to be submitted on forms conforming to the format of the OWNER'S standard forms buund in the Project manual. Final Payment andAeceptance. 14.13. If, on the basis of ENGMERs observation of the Work during'consiruction and final inspection, and ENGINFER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER" is, satisfied that the Work has been completed and CONTRAC'fOR's other obligations under the Contract Documents have been futfillod, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in wnting ENGINEER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGiNEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14:15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with FNG[NEF.R's recommendation and notice of acceptability, the amount recommended by ENGNEER will become due and will be paid by OWNER to CONTRACTOR suhiect to paragraph 17.6.2 of these Gattenlj�o_ndgions. 14.14, If. through no fault of CONTRACTOR final completion of the Work is significantly delayed and if ENGNEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. if the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retninnge stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment Such payment stall be made under. the terms and conditionsgoverning final payment• except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15. 1.a waiver of all claims by OWNER against CONTRACTOR• except claims arising from unsettled Liens, from tiefeetne Work appearing after 31 1 final inspection pursuant to paragraph 14.11. from failure to comply with the Contract Documents or the terms of any special-uamntees specified thereirL or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.15.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15SUSPEtNSION OF WORK AM TERMINATION 01PNER May Suspend Rork: 15.1. At any. time and without cause. OWNER may suspend the Work or any portion thereof for a period of riot more than nincty clays by notice in writing to CONTRACTOR and ENGINEER which will fie the date on which Work will be resumer CONTRACTOR shall resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the. Contract Times or both, directly attributable to arty such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles I I and 12. 01MVER ,clay Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perfomt the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable: materials or equipment or failure to adhere to the progress schedule established under paragmph2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws ur Regulations of any public body havingjurisdictiom 15.2.3. if CONTR\CTOR disregards the authority of ENGLKEER, or 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any) seven days' written notice and to the extent permitted by Lawn and Regulations, terminate the services of CONTRACTOR exclude CONTRACTOR from the site and take possession of the Work and of all CON'TRACTOR's tools. appliances. construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion). incorporate in the Work all materials and equipment stored at the site or for which OWNFR his paid CONTRACTOR but which are stored elsewhere, and finish the Workas OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWN F.R arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR If such claims, costs losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER Such claims costs losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so terminated by OWNER the termination will not allect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONfRACfOR and F.NGINEFR, OWNER may, without cause and without prejudice to any other right or remedy of OWNER elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to die effective date of termination, including thir and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor,- materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses, 15.4.3for all claims costs, losses and damages incurred in settlement of terminated contracts with Subcontmcnors, 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 or other economic loss arising out of or resulting from such termination CONTIMCTOR 3(ay Stop [York or Terminate 15.5. 111 through no as or fault of CONTRACTOR the Work is suspended fora period of more than ninety clays by OWNER or under an order of court or other public authority,. or HNGINEF,R fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to Tay CONTRACTOR any L i C' [1 r] EICDCGE-145Lw, CONDITIONS 1910 `J (1990 Editim) , 32 w/ CITY OF FORT COLLINS MOMFiCATfONS(REVda2000) 1 I L r I I I [1 sum finally determined to be due, then CONTRACTOR may, upon seven clays' written notice to OWNER and ENGINEER, and prov ided OWNER or ENGPEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the some terms as provided in raragraph I5A. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submittcd.or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due. CONTRACTOR may upon seven days written notice to OWNER and ENGINEER stop the Work until Payment of all such amounts due CONTRACTOR, including interest thereon_ The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim wider Articles 1 I and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE I6—DISPUTE RESOLUTION If and to the reamt that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in ExhibitGGA, "Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the. provisions of paragraphs 9.10, 9.11 and 9.12. OWNER and CONTRACTOR may exercise such rights or remedies vis either may otherwise have under the Contract Documents or by Laws or Regulations cat respect of any dispute. ARTICLE 17—NUSCELLA:NEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the rum, or to an officer of the corporation for whom it is intender!, or if delivered at or sent by registered or certified mail, postage prepaid to the last business address known to the giver of the notice. 17.2. Cunnpurarion ofTinte: 17.2.1. When any period of time is referred to in the Contract Documents by clays, it will be computed to exclude the first and include the last day of such period If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will he omitted from the computation. FJCDC cENF M CONDITI OM 19103 (1990 Editim) wi Can OF FORT CotuNs ,ioDinctriuns (u:v moos) 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Nonce ojClninn: 17:3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legallyliable, claim will be made.in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable; statute of limitations or repose.C'umalarive Remedies: 17.4. The duties and obligations imposed by these General. Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation,the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 630.6:31, 6.32, 13.1, 13.12, 13.1 A, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any }way as a limitation of, any rightsand remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Projemianal Fees and Court GmvIncluded- 17.5. Whenever reference is made to "claims. costs, losses and damages", it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. 17.6. The Imvs of the State of Colorado appl tv o this Agreement. Reference to two pertinent Colorado statutes are asfollows• 17.6.1. Colorado Revised Statutes (CRS 5-17-101) require that Colorado labor be employed to perform the Work to the extent of not less than 80 percent (So%) of each type or class of labor in the several classifications of skilled and common labor emploved on the project, Colorado labor means env person who is a bona fide resident of the State of Colorado at the time of employment, without discrimination as to race, colon creed, ace, religion or sex 17.62. If a claim is filed. OWNER is required by law (CRS 35-26-107) to withhold from all pavments to CONTRACTOR sufficient funds to insure the p_ y nent of all claims for labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by CONTRACTOR or his 33 3J EICDCGENERALCONDITION519103(1990 EJitiut) w{ CM OF FORT COLLINS MODiFiCATIONS (RL•'V d2000) I I I I i I I(This page left blank intentionally.) I I 1 ' EJCDC GENEFLAL CONDITIONS I910.Y (I'M0 Edtim) 35 w/aTY OF FORT COLLI,SMODiFICATIONS(REV 120WI I I 1 I 1 1 i 1 1 1 i L 1 i i 36 EJCDCGENLT-%L COMT(ONS19103(1990 EJitim) 1 W CITY OF FORT COLLIES MODIFICA'RONS (REV 4r2000) 1 i I 11 1 I 1i I EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT OWNER aril CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended. to include the following agreement of the parties: 16.1. All claims, disputes and other matters in. question between OWNER and CONTRACTOR arisir19 out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by Paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to FNGINEER initially for decision in accordance with Paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to [NGUNTEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter. will be made later than thirty days after the date on which FNGINFF.R has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of arty written decision of LNGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Aso iution and a copy will be sent to ENGINEER for information The demand for arbitration will be made within the thirty -day or, tcn-day period specified in paragraph 16:2 as applicable, and in all other roses within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. EXI)C GENERAL CONDITIONS 1910-8 (t 990 Ealtim I w/ LITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shalt include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER'S Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.42. such other person or entity is substantially involved in a question of law or fact which is common tothose who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other personor entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in Lavor of Subcontractor and against OWINE114 ENGINEER or ENGINI ER's Consultants tint does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court hiving jurisdiction thereof and it will not be subject to modification or appeal. 16.7. OWNTER and CONTRr\CTOR agree that they shall rust submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes'), to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6. unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. QC -At I I EJCDC GENERAL CONDITIONS 1910.8 (1990 Edtim ) w/ CITY OF FORT COLONS MODIFICATIONS (REV 919,1) GC -Al i 1 1 1 i I [1 J I C 1 1 1 i J 1 I 1 SECTION 00800 SUPPLEMENTARY CONDITIONS 1 1 1 E1 1 1 1 1 1 1 1 1 �J 1 ' 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 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule zero (0) days lost due to abnormal weather conditions. I I SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT ' 00950 Contract Change Order 00960 Application for Payment I 1 11 1 1 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Crack Seal & Fill Project 2011 CONTRACTOR: Vogel Concrete Inc PROJECT NUMBER: 7290 DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing DATE: DAT DAT DATE: � � � Ij � � � � � � § § § LL oLU - - - § ƒ §§)k§ <EE= )�R z3 zoe z zpu§e /)\�82 )22CL§\ 2+ƒ �/ $ _ ) � \ ) k \ } ) } ® \ S S ) ) 2 \) j E 2 \ / § k0 � /< CL a)\§ 3e\\ $ § E CO 0 > \.. \ \ �\ \0 \ �\\\® z » LL )2 m= 2 % e© z 6§ _ j) § Q >0 / [U / §/ �) )/ £Jƒz j &) ) ) ) 00 2 < /2 0z 0 <—i < \ \ a. 2 0 # _ 0. z = ® - - - j < _ CL j - - < < } \ { - 4 / % } \ ] / \ 2 \ \ ) \ a } U < < < \ ) ( z �� « f 0 a) ` 0 3 0 < < )mom / ±�ar � ] \ § ) > E > \ + E § z z e/ Z & 3 z 3 2 3 2 3 c a � U � 0 a. m eV W 0 W - O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O CD CD CD O CD O O O CD O O O O O O O O O O O O O O O O O CD CD CD CD O CD O O d a ~ W O u> 69 u> 69 EA u> EA u> u> 69 69 69 u> 69 69 u> 69 N 69 69 u> u> ui 69 u> u> u> u) u> 69 u> 69 EA 69 al 0 O N @ N a0 N a 1EO000000000000000000000000000000000 000o0o00000000000000000000000000000 O Q Q00000o0000000000000000000000000006 u> u> u> u> u> u> u> u> 69 u> u> u> u> u> u> u> u> u> u> u> 69 u> u> 69 6S oilu> u> 69 u> EA u> u> 69 E o a) U o m > � p C1 aN a000000000000000000000000o000000000 o0000000000000000000000000000000000 0 p Ya?3� N p O E00000000000000000006000000o000000o 6f69u>696969u>u>uTu>fAu>fAu>69fA6969ofu>u>69EA64696969fAu>69u>u>u>u> F- Owl O CL 'c o a a U >. 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C O U N N U � J O E cZ O N E L N E O Z ' 2011 CRACK SEAL & CRACK FILL PROJECT GENERAL REQUIREMENTS INDEX SECTION 01010 01040 01310 01340 01410 01510 01560 01700 01800 I 1 I� u 7 1 Summary of Work Coordination Construction Schedules Submittals Testing Temporary Utilities Temporary Controls Contract Closeout Method of Measurement and Basis of Payment PAGE NUMBERS General Requirements 2-3 General Requirements 4-5 General Requirements 6-7 General Requirements 8-9 General Requirements 10-11 General Requirements 12 General Requirements 13-14 General Requirements 15 General Requirements 16 SECTION 01010 SUMMARY OF WORK 1.1 DESCRIPTION OF WORK A. This work shall consist of cleaning, sealing, and filling all roadway cracks greater than 1/8" wide on designated streets in the City of Fort Collins. Specific locations are described in Section 3500, Project Map. B. Construction Hours 1. Construction hours, except for emergencies, shall be limited to 7:00 a.m. to 6:00 p.m., Monday — Friday; operation shall be in accordance with Section 1560. 2. Any work performed by the Contractor outside of the construction hours, whether or not authorized by the City Representative, shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover the Owner' s costs in providing field engineering and/or inspection services because of such work. The cost for field engineering and inspection shall be $50.00 per hour. 1.2 NOTICES TO PRIVATE OWNERS AND AUTFIORITIES A. Notify private owners of adjacent property, utilities, irrigation canal, and affected govemmental 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/Engineer. Darren Moritz 970-221-6218 Office 970-556-1495 Cell Kathleen Maddux 970-221-6615 Office 970-222-8781 Cell F. Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's convenience. General Requirements - Page 2 of 16 ' SECTION 01010 SUVLMARY OF WORK ' UTILITIES Water: City of Fort Collins, Colorado Utilities 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): W-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 1 Larimer County Sheriffs Department: Non -Emergency: 221-7177 Ambulance: Poudre Valley Hospital Non -Emergency: 484-1227 Emergencies: 911 General Requirements - Page 3 of 16 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 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 Engineer shall invite all utility companies involved. 4. The Utilities will be asked to designate their coordination person, provide utility plans, and their anticipated schedules. 5. The Project Engineer shall introduce the City Representative(s). 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 Engineer may hold coordination conferences to be attended by all involved when Contractor's operations affects, or is affected by, the work of others. 1. Contractor shall participate in such conferences accompanied by Subcontractors as required by the Project Engineer. 1.3 PROGRESS MEETINGS A. Contractor and Project Engineer shall schedule and hold regular progress meetings at least weekly and at other times as requested by the Project Manager or required by the progress of the Work. B. Attendance shall include: 1. Contractor and Superintendent. 2. Owner's Representatives. 3. Project Manager, Project Engineer, and City Representative(s). 4. Traffic Control Supervisor. 5. Others as may be requested by Contractor, Owner, or Owner's Representative. General Requirements - Page 4 of 16 ' 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 City 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 1 [1 1 General Requirements - Page 5 of 16 `�i SECTION 01310 CONSTRUCTION SCHEDULES 1.1 GENERAL A. The Contractor shall prepare a detailed schedule of all construction operations and procurement after review of tentative schedule by parties attending the pre -construction conference. This schedule will show how the contractor intends to meet the milestones set forth. 1. No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of delivery of equipment and materials. 1.2 FORMAT AND SUBMISSIONS A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual progress. B. Submit two copies of each schedule to Owner for review. 1. Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the work with the needs of Owner or others. C. The schedule must show how the street, landscaping and various utility work will be coordinated. 1.3 CONTENT A. Construction Progress Schedule. 1. Show the complete work sequence of construction by activity and location. 2. Show changes to traffic control. 3. Show project milestones B. Report of delivery of equipment and materials. 1. Show delivery status of critical and major items of equipment and materials. 2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for equipment and materials, reference Section 01340. 1.4 PROGRESS REVISIONS A. Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when requested by Owner, and with each application for progress payment. B. Show changes occurring since previous submission. 1. Actual progress of each item to date. 2. Revised projections of progress and completion. C. Provide a narrative report as needed to define: 1. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of others. General Requirements - Page 6 of 16 ' SECTION 01310 CONSTRUCTION SCHEDULES IS 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. 1 1 1 END OF SECTION General Requirements - Page 7 of 16 SECTION 01340 SUBMITTALS 1.1 GENERAL A. Submit Shop Drawings, Samples, and other submittals as required by individual specification sections. 1. Project Engineer will not accept submittals from anyone but the Contractor. B. Schedule: Reference Section 01310, Construction Schedules. Submittals received by Project Engineer prior to the time set forth in the approved schedule will be reviewed at any time convenient to Project Engineer before the time required by the schedule. C. Any need for more than one re -submission, or any other delay in obtaining Project Engineer's review of submittals, will not entitle Contractor to extension of the Contract Time unless delay of the Work is directly caused by failure of Project Engineer to return any scheduled submittal within 10 days after receipt in his office of all information required for review of the submittals or for any other reason which prevents Project Engineer's timely review. Failure of Contractor to coordinate submittals that must be reviewed together will not entitle Contractor to an extension of Contract Time or an increase in Contract Price. D. Resubmit for review a correct submittal if errors are discovered during manufacture or fabrication. E. Review status designations listed on Project Engineer's submittal review stamp are defined as follows: 1. NO EXCEPTION TAKEN: Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work. Contractor is to proceed with fabrication or procurement of the items and with related work. Copies of the submittal are to be transmitted for final distribution. 2. REVISE AS NOTED Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work in accordance with Project Engineer's notations. Contractor is to proceed with the Work in accordance with Project Engineer's notations and is to submit a revised submittal responsive to notations marked on the returned submittal or written in the letter of transmittal. 3. REJECTED Signifies material or equipment represented by the submittal does not conform with the design concept or comply with the information given in the Contract Documents and is not acceptable for use in the Work. Contractor is to submit submittals responsive to the Contract Documents. 4. FOR REFERENCE ONLY Signifies submittals which are for supplementary information only; pamphlets, general information sheets; catalog cuts, standard sheets, bulletins and similar data, all of which are useful to Owner in design, operation, or maintenance, but which by their nature do not constitute a basis for determining that items represented thereby conform with the design concept or comply with the information given in the Contract Documents. Engineer reviews such submittals for general information but not for substance. 13 SUBMISSION REQUIREMENTS A. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Minimum number required: 1. Three (3) copies minimum, two (2) copies which will be retained by Project Engineer. General Requirements - Page 8 of 16 ' SECTION 01340 SUBMITTALS 1.4 RE -SUBMISSION REQUIREMENTS A. Make corrections or changes required by Project Engineer and resubmit until accepted. ' B. In writing call Project Engineer's attention to deviations that the submittal may have from the Contract Documents. C. In writing, call specific attention to revisions other than those called for by Project Engineer on previous ' submissions. END OF SECTION ' General Requirements - Page 9 of 16 I 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. Soil tests, except those called for under Submittals thereof. 2. Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner. 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 or fill on schedule for any reason except by action of the Project Engineer/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 their 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. General Requirements - Page 10 of 16 ' SECTION 01410 TESTING B. Superintendence: The Contractor shall employ a full time Superintendent to monitor and coordinate all facets of the Work. The Superintendent shall have adequate experience to perform the duties of Superintendent. C. Contractor's quality control system is the means by which he assures himself/herself that the 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 General Requirements - Page l I of 16 SECTION 01510 TEMPORARY UTILITIES 1.1 UTILITIES A. Fumish all utilities necessary for construction. B. Make arrangements with Owner as to the amount of water required and time when water will be needed. 1. Meters may be obtained through the Water Utility Meter Shop at 221-6759 2. Unnecessary waste of water will not be tolerated. C. Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor. 1.2 SANITARY FACILITIES A. Furnish temporary sanitary facilities at each site for the needs of construction workers and others performing work or furnishing services on the Project. B. Properly maintain sanitary facilities of reasonable capacity throughout construction periods. C. Enforce the use of such sanitary facilities by all personnel at the site. D. Obscure from public view to the greatest practical extent. END OF SECTION General Requirements - Page 12 of 16 SECTION 011560 TEMPORARY CONTROLS 1.1 NOISE CONTROL A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated areas. ' B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. C. Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 a.m. 1.2 DUST CONTROL ' A. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing. B. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be ' kept moist with water or by application of a chemical dust suppressant. 1. Chemical dust suppressant shall not be injurious to existing or future vegetation. ' 1.3 POLLUTION CONTROL A. Prevent the pollution of drains and water courses by sanitary wastes, concrete, sediment, debris and other substances resulting from construction activities. ' 1. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site. 2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts. 1.4 EROSION CONTROL A. Take such measures as are necessary to prevent erosion of soil that might result from construction activities. 1. Measures in general will include: a. Control of runoff. b. Trapping of sediment. ' c. Minimizing area and duration of soil exposure. d. Temporary materials such as hay bales, sand bags, plastic sheets, riprap or culverts to prevent the erosion of banks and beds of watercourses or drainage swales where runoff will be increased due to construction activities. B. Preserve natural vegetation to greatest extent possible. ' C. Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion. D. Comply with the City of Fort Collins' Storm Drainage and Erosion Control Manual (latest edition). 1.5 TRAFFIC CONTROL A. Maintain traffic control in accordance with the "Manual of Uniform Traffic Control Devices" (MUTCD), the City of Fort Collins "Work Area Traffic Control Handbook," and the current "Larimer County Urban ' Area Street Standards." In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. General Requirements - Page 13 of 16 ' 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. t 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 I SECTION 011560 TEMPORARY CONTROLS 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 General Requirements - Page 14 of 16 SECTION 01700 CONTRACT CLOSEOUT LI CLEANING AND RESTORATION A. Return the premises and adjacent properties to conditions existing or better than existing at the time the work was begun. This will include providing labor, equipment and materials for cleaning, repairing and replacing facilities damaged or soiled during construction. The City Representative will be the judge of the degree of restoration required. 1.2 PROJECT RECORD DOCUMENTS A. Maintain on the job site, and make available to the City Representative and/or Project Engineer upon request records, photographs and written descriptions of said work as may be required by the Project Engineer and they shall be submitted prior to project acceptance. END OF SECTION I I I IGeneral Requirements - Page 15 of 16 11 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 including traffic control. 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 fumishing all materials, equipment, tools, and traffic control personnel and equipment; and performing all labor and supervision to fully complete the work. C. Unit prices shall govem over extensions of sums. D. Unit prices shall not be subject to re -negotiation. 1.3 ESTIMATED QUANTITIES A. All quantities stipulated in the Bid Form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The basis of payment shall be the actual amount of materials furnished and Work done. B. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amount of Work actually performed and materials actually furnished and the estimated amount therefor. END OF SECTION General Requirements - Page 16 of 16 SECTION 02000 PROJECT SPECIFICATIONS The Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" ' (latest revision), and the current Latimer County "Urban Area Street Standards", (hereafter referred to as the "Standard Specifications" or "LCUASS") are made a part of this Contract by this reference, except as revised herein, and are hereby adopted as the minimum Standard Specifications of Compliance for this project. In those instances where the Standard Specifications conflict with any of the provisions of the preceding Sections, the preceding Sections shall govern. INDEX OF REVISIONS SECTION 104 Traffic and Parking Control ' 105 Control of Work 108 Prosecution and Progress 208 Erosion Control 408 Crack Sealant & Crack Filler ' 627 Pavement Marking 630 Construction Zone Traffic Control 11 r-, u 11 Project Specifications- Page 1 of 21 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 state the type of work, date and times that the sign is in effect. (For example, if a street is to be crack sealed on Wednesday, September 6, the street shall be posted no later than Tuesday, September 5, 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., CRACK SEALING.) See sample "NO PARKING" sign. "NO PARKING" signs shall remain in place until the street is opened to traffic and all clean up operations completed. All information on the "NO PARKING" signs, with the exception of the 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 will 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 (the Traffic Control Supervisor) and the City Representative will meet to discuss the progress of the work and the placement of upcoming traffic control devices including "NO PARKING" signs. 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 within the project and shall communicate their schedule 48 hours prior to work, to all businesses and residents effected by their work. 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 furnishing equipment, equipment set up/removal/modification, TCS and Flagging personnel, vehicles, phones, notification delivery, hand signs, communication devices, sandbags, and all 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. See Section 630. Project Specifications- Page 2 of 21 I 1 REVISION OF SECTION 104 TRAFFIC AND PARKING CONTROL 1 i 1 1 1 1 1 1 1 1 1 1 1 i 1 NO PARKING Wed SEPT 6 7:00 AM - 60000 PM CRACK SEALING END OF SECTION Project Specifications- Page 3 of 21 i REVISION OF SECTION 105 CONTROL OF WORK Section 105 of the Standard Specifications is hereby revised as follows: PLANS, SHOP DRAWINGS, WORKING DRAWINGS, OTHER SUBMITTALS, AND CONSTRUCTION DRAWINGS Subsection 105.02 shall include the following: The Contractor shall furnish the required submittals in TABLE 105-1 before the commencement of work. Three (3) copies shall be furnished to the Engineer, two (2) copies will be returned to the Contractor upon approval. Submittals shall not be measured and paid for separately but shall be included in the work. TABLE 105-1 SUMMARY OF CONTRACTOR SUBMITTALS Section No. Description Approval Needed Reoccurring 108.03 Schedule of Work Yes Yes 208.06 Spill Kit: List of items included Yes No 408.02 Crack Sealant/Crack Filler Certificate of Compliance Yes No 408.02 MSDS Sheets Yes No 408.04 Crack Sealant/Crack Filler Measurement Plan Yes No 630.10 Traffic Control Plan Yes Yes 630.11 TCS Qualifications reoccurs when TCS and flaggers change) Yes No 630.11 Resident Notification Letter Yes Yes 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" policy designed to reduce environmental impacts related to construction. Please comply with turning off vehicles instead of idling for long periods of time (more than three minutes, as a general rule). COOPERATION BETWEEN CONTRACTORS Subsection 105.12 shall include the following: City Utilities, Parks, Traffic, Streets, concrete and utility contractors may perform work related to the project within or near the limits of the projects. The Contractor shall conduct the Work without interfering or hindering the progress or completion of the work being performed by other contractors. The Contractor shall coordinate extensively with these entities to minimize traffic control and scheduling conflicts, and ensure timely completion of all the work. INSPECTION AND TESTING OF WORK Subsection 105.16 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 and the City Representative 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 Project Specifications- Page 4 of 21 REVISION OF SECTION 105 ' CONTROL OF WORK his contract as prescribed. Work and materials not meeting specifications shall be corrected and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been ' previously inspected by the City Representative or that payment therefore has been included in the progress estimate. ' MAINTENANCE DURING CONSTRUCTION Subsection 105.19 shall include the following: ' The roadway area, including curb, gutter, and sidewalk, adjacent to and through the construction area shall be cleaned of debris by the Contractor at the earliest opportunity, but in no case shall the area 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 from compensation due the Contractor, sufficient funds to cover the Owner's cost to provide said service. All cost of maintaining the work during construction and before the project is accepted shall not be paid for separately, but shall be included in the work; including all required traffic control devices, personnel, and related traffic control incidentals. END OF SECTION 1 I ' Project Specifications- Page 5 of 21 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 be submitted prior to starting work, 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. 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: JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC I ji DETERMINATION AND EXTENSION OF 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. Contract working days shall be ninety (90) days after work commences. The City of Fort Collins reserves the right to add or delete work as necessary. The City will prioritize the order in which the work will be completed. The Contractor shall mobilize to the area within ten (10) working days of Notice to Proceed or after receiving notification of accessibility of work area. 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 within ninety (90) 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 contractor(s) to complete the work, or portion thereof, and retain any costs incurred above and beyond the bid prices of the Contractor from any monies due the Contractor in lieu of liquidated damages. END OF SECTION Project Specifications- Page 6 of 21 ' REVISION OF SECTION 208 EROSION CONTROL Section 208 of the Standard Specifications is hereby revised as follows: ' DESCRIPTION Subsection 208.01 shall be revised as follows: ' This work shall consist of providing appropriate and adequate spill prevention measures during the installation of the crack sealant and crack filler materials. Work shall be in accordance with The City of Fort Collins Urban Drainage and Flood Control District Urban Drainage Criteria Manual, 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 revision). ' Any loss of time or materials due to spill related events shall be the sole responsibility of the Contractor. Any damage to surrounding properties or facilities (either on site or off site) during a spill event that occurs while on this project will be the sole responsibility of the Contractor. CONSTRUCTION REQUIREMENTS ' Subsection 208.03 shall be revised as follows: It shall be the responsibility of the Contractor to ensure that all work areas and roads adjacent to the project shall be clean of construction debris at the end of each working day or upon leaving any site. ' Subsection 208.06 shall be revised as follows: An appropriate Spill Kit shall be on site with each piece of equipment at all times during the installation of the work. The Contractor shall submit a description of the items contained in each Spill Kit and items shall be approved by the Project Engineer. METHOD OF MEASUREMENT Subsection 208.11 be revised follows: shall as All costs associated for materials, cleanup, and protection shall not be measured or paid for separately, but shall be considered incidental to the Work. BASIS OF PAYMENT ' Subsection 208.12 shall be revised as follows: All related costs 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 material, ' cleanup, personnel, and related incidental items as specified in these specifications, and as directed by the City Representative. END OF SECTION Project Specifications- Page 7 of 21 r LI 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 408 CRACK SEALANT & CRACK FILLER Section 408 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 408.01 shall include the following: This work shall include furnishing and placing an approved hot poured joint or crack sealant in properly prepared cracks in asphalt pavement. The work shall conform to the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction (latest revision), the City of Fort Collins Work Area Traffic Control Handbook, and the Larimer County Urban Area Street Standards (LCUASS). MATERIALS Subsection 408.02 shall include the following: Crack Sealant: material shall be NUVO CS- B hot poured, polymer modified asphalt crack and concrete joint sealant, or a similar approved equivalent, and shall conform to the following requirements: NTTVn C.q- R Cone Penetration: 77' F 25°C , ASTM D5 30-50 Flow: 140°F 60°C , ASTM D 5329 3 min max. Resilience: 77°F 25°C , ASTM D 5329 40 - 55% Softening Point: ASTM D36 205°F min. Flexibility: 2 Sec. 1" Mandrel -10°F no cracks Ductility: 77°F 25°C), ASTM D5329 50 cm min. A certificate of compliance shall be submitted prior to construction Crack Filler: material shall be NUVO GAP- B hot -applied polymer modified asphalt mixed with engineered aggregate or a similar approved equivalent, and shall conform to the following requirements: r,rnvaTe�a:� Binder Specification: Flexibility: 2 Sec. 1" Mandrel -15 min. -6.1-C Resilience: @ 77'F 26`C . ASTM D5329 35% min. Tensile Adhesion: ASTM D5329 500% min. Aggregate Specification: Specific Gravity 1.5 Porosity Minimum 10% pores Sheer Strength Minimum 30% A certificate of compliance shall be submitted prior to construction Using a mixture of different brands and types of sealant is prohibited. Any material that ravels or can be pulled out by hand after placement shall not be accepted. The Contractor shall submit the necessary Material Safety and Data Sheets (MSDS), prior to commencement of work. Project Specifications- Page 8 of 2l I 0 [1 I I 171 17 L REVISION OF SECTION 408 CRACK SEALANT & CRACK FILLER CONSTRUCTION REQUIREMENTS Subsection 408.03 shall include the following: In general, cracks that range from 1/8" to 1" wide shall be sealed with crack sealant (NUVO CS- B); cracks greater than 1" shall be filled with crack filler (NUVO GAP- B). The City Representative shall determine and mark the locations for the type of product installed at each location. Crack widths of 1/8" or larger shall be thoroughly cleaned using a hot compressed air lance to a depth of approximately twice the crack width. Direct flame dryers shall not be allowed. Drying and heating prior to installation of the crack seal material shall be completed in such a manner not to damage the existing bituminous surface. Care shall be taken to protect vehicles, pedestrians, and all property which may become damaged from the cleaning and installation process. Joints between the asphalt roadway and concrete curbs, gutters, cross pans, aprons and drainage structures shall be sealed. Air and pavement temperatures shall be at least 40 °F and rising but no more than 65 'F, or as directed by City Representative. Sealant shall be applied per the manufacturer's recommendations. When melted and properly applied (not exceeding manufacturers recommended temperature restrictions) the crack sealant will form a resilient and adhesive compound which will effectively seal cracks in asphalt pavements. The sealant shall be leveled off and brought flush with the surface of the existing roadway by squeegee, wand shoe, or approved alternate equipment. The material shall be centered over the crack and the crack seal installation shall not exceed three inches in width. The Contractor shall be responsible for their quality control to ensure that all crack sealing material is flush with the existing surface before leaving the site. In the event that the crack sealing material sinks into the crack after the first application, the Contractor shall re -apply additional material to make flush with existing surface. Each days work shall be scheduled to allow all open joints and cracks to be sealed before the end of the workday. Should inclement weather preclude this effort, joints and cracks shall be re -cleaned before sealing. The Contractor shall sweep and clean all sidewalks, driveways, and streets adjacent to the work area after completion of installation. METHOD OF MEASUREMENT Subsection 408.04 shall include the following: The accepted quantities of crack sealant and crack filler shall be paid for at the contract unit price per pound under Bid Schedule 1 or the Alternate Bid Schedule 2. The City reserves the right to use the Alternate Bid Schedule 2 which excludes the crack sealant and crack filler material. The Contractor shall arrange to pick up the material from the Fort Collins Streets Department, 625 Ninth Street. The City Representative shall be present at the time of material pick up and shall be responsible for notifying the City Representative when re -ordering material is required. The City of Fort Collins may provide an enclosed equipment and material storage area for the duration of the Work to facilitate completion of the project under Bid Schedule 1. Project Specifications- Page 9 of 21 REVISION OF SECTION 408 CRACK SEALANT & CRACK FILLER The Contractor and Owner shall agree to a plan to measure the amount of crack sealant or crack filler placed. If the equipment is scheduled to leave the city site, the Contractor shall provide daily quantities which both parties shall agree to on a daily basis. Traffic control shall be a subsidiary obligation to the Work under Bid Schedule I and the Alternate Bid Schedule 2 and shall not be paid for separately. The Contractor shall provide adequate pedestrian and traffic control devices during the work to protect the public. The Contractor shall include any and all devices, flagging, signs, and incidentals as part of the line item unit pricing. BASIS OF PAYMENT Subsection 408.05 shall include the following: Payment shall be made under: Pay Item Unit 408.01 NUVO CS- B Crack Sealant (Arterial) LBS 408.02 NUVO CS- B Crack Sealant (Collector) LBS 408.03 NUVO CS- B Crack Sealant (Residential) LBS 408.04 NUVO GAP- B Crack Filler (Arterial) LBS 408.05 NUVO GAP- B Crack Filler (Collector) LBS 408.06 NUVO GAP- B Crack Filler (Residential) LBS The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and all required traffic control devices, personnel and related traffic control incidentals and for all the work involved in installing crack sealant and crack filler, as specified in these specifications, and as directed by the City Representative. Prices and payments made under Alternate Bid Schedule 2 shall include full compensation for furnishing all labor, tools, equipment, and all required traffic control devices, personnel and related traffic control incidentals and for all the work involved in installing crack sealant and crack filler, as specified in these specifications, and as directed by the City Representative. CRACK SEAL AND CRACK FILL MATERIAL SHALL BE EXCLUDED FROM ALTERNATE BID SCHEDULE 2 AND SHALL BE SUPPLIED BY THE CITY. END OF SECTION Project Specifications- Page 10 of 21 I 1 1 n I REVISION OF SECTION 627 PAVEMENT MARKING Subsection 627 shall include the following: DESCRIPTION Subsection 627.01 shall include the following: This work shall consist of furnishing, installing, and removing temporary pavement markings in accordance with the latest revision of the City of 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 The Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) and in conformity to the lines, dimensions, locations, and details shown on the plans or as established by the City Representative. PAVEMENT MARKING TAPE Subsection 627.10 is revised to include the following: Permanent pavement markings shall be installed by The City of Fort Collins. Temporary pavement markings shall be suitable for use on asphalt cement or portland cement concrete pavements, shall be installed and removed by the Contractor, and shall conform as follows: 1. The surface 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 the 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 all lane lines. e. Lane lines shall be "tapped" intermittently with a 2' long by 4" wide reflective temporary strip at 50' intervals. f. It is the Contractor's responsibility to notify the City Representative when the work in the area has been completed to allow scheduling of the permanent pavement markings to be 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 The City. Project Specifications- Page I I of 21 REVISION OF SECTION 627 PAVEMENT MARKING METHOD OF MEASUREMENT Subsection 627.12 is revised to include the following: All costs associated for materials, installation, removal, and maintenance of pavement marking will not be measured or paid for separately, but shall be considered incidental to the Work. 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 material, installation, removal, and maintenance of temporary stripping including all 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 12 of 21 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised as follows: ' DESCRIPTION ' Subsection 630.01 shall be revised as follows: This work shall consist of furnishing, installing, moving, maintaining, and removing temporary construction traffic control devices including but not limited to signs, advance warning arrow boards, 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 Colorado Department of Transportation (latest revision). In the event of a conflict between the MUTCD and the City's criteria, the City of Fort Collins specifications shall govem. ' 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 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, as a minimum, be removed from the area. Moving will include devices removed from the project and later returned to use. Traffic control devices may be placed and/or stored in the City right-of-way in such a manner that minimizes the hazards to pedestrians, bicyclists and vehicles. ' Traffic control devices shall be removed from the site immediately upon completion of the work for any street(s). In the event there is a violation or safety issue, the City Representative will issue 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". L 1 Project Specifications- Page 13 of 21 I 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 streets. The City Representative will issue direction for the number of boards, general locations for 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 ten (10) feet. 2. The Contractor will .provide 24 hour minimum notice to the City of Fort Collins Traffic Department when project operations will be near a signalized intersection. 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 the 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. Project Specifications- Page 14 of 21 I REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL 2. A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to: construction signs; vertical panel; vertical panel with light; Type I, Type II, and Type III ' barricades; cones; drum channelizing devices; advance warning flashing or sequencing arrow panel. Certain traffic control devices may be used for more than one operation or phase. However, all devices required for any particular phase must be detailed and tabulated for each phase. 3. Number of flaggers to be use. 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 the Traffic Control ' Supervisor. Traffic Control Management shall be performed by a Traffic Control Supervisor (TCS). The TCS(s) shall possess a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control Supervisor or Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor. Proof of certification shall be presented to the City ' Traffic Control Manager, and when requested by a City Representative, for each TCS utilized on this project. 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 shall ' remain on site at all times during the construction. ' The TCS shall be equipped with a cellular phone. 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 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. 5. Coordinate project activities with appropriate police and fire control agencies, Transfort, ' school districts and other affected agencies and parties prior to construction. 6. Notify residents and businesses at least 48 hours prior to construction. a. Notifications may be accomplished by a representative of the TCS such as a flagger and ' shall be hand typed and hand delivered to all businesses and residents. Project Specifications- Page 15 of 21 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL 6. Inspect traffic control devices on a calendar day basis for the duration of the project to ensure devices are functioning properly. 7. Oversee all requirements covered by the plans and specifications which contribute to the convenience, safety, and orderly movement of traffic. 8. Flagging in emergency or relief for short periods of no more than 15 minutes over a 60 minute period. 9. Traffic control device set up and removal. 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 MI -IT 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 notifications indicating the nature of the work to be completed, any special instructions to the residents (i.e. limits on lawn watering during the Work), the dates and times of the work, and the parking and access restrictions that shall apply. Notification letters or door hangers shall include a local phone number residents with questions may use to contact the Contractor and a link to the City of Fort Collins Street Department where citizens may find additional information and project updates at "www.fcgov.com/streets". Only approved notifications shall be distributed a minimum of 48 hours prior to the commencement of each phase of the Work. Sample notifications shall be submitted to the City Representative for review prior to starting the project. Traffic Control plans shall be submitted for approval prior to commencement of any 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 Representative. 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 current 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. Project Specifications- Page 16 of 21 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL The following list reflects devices that may be used on the project or authorized by the City Representative: "NO PARKING" Sign with Stand Vertical Panel without Light Channelizing Drum without Light Type I/II Barricade without Light Local Business Open Reduced Speed Ahead Safety Fence Light Type III Barricade without Light Cone with Reflective Strip Advance Warning Flashing or Sequencing Arrow Panel Variable Message Board Size A Sign with Stand Size B Sign with Stand METHOD OF MEASUREMENT Subsection 630.15 shall be revised as follows: 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 shall not be measured or paid for separately and shall be included in the line item unit price for the Work. Traffic control conditions vary significantly in the field and the Contractor is responsible for submitting traffic control plans for each work location. Minimum traffic control requirements for Arterial, Collector, and Residential streets are contained herein. The City may 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. The Traffic Control Supervisor, Flaggers, hand signs such as Stop/Slow paddles, devices, vehicles, ' and all other associated traffic control items shall not be measured and paid for separately and shall be included in the line item unit price for the Work. Flaggers requested by the City Representative in addition to the minimum requirements contained herein shall be paid for under "Additional Flagging Personnel'. ' The flagger(s) shall be provided with electronic communication devices when required. These devices shall not be measured and paid for separately and shall be included in the line item unit price for the Work. The cost of batteries, electricity and/or fuel for all lighting or warning devices will not be paid for separately but shall 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 line item unit price. 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, neighborhood traffic only signs and detour placard street names are NOT considered Specialty Signs and will not be measured or paid for separately and shall be included in the unit price for the Work. Project Specifications- Page 17 of 21 counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER hall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. ' 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary ' Conditions. 21.0 RETAINAGE. ' Provisions concerning retainage are set forth in the Agreement. ' 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing and Risk Management Division or the City Clerk's office. ' A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement ' to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. 23.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of ' this Bid assures that such Bid is genuine and is not a collusive or sham Bid. 24.0 BID RESULTS. For information regarding results for individual Bids send a self-addressed, self - stamped envelope and a Bid tally will be mailed to you. Bid results will be posted ' in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL The City of Fort Collins shall not be responsible for any losses or damage due to theft or vandalism. The City of Fort Collins will not be responsible for any damages to public or private property caused by the Contractor's construction activities. Private or public property which is damaged by the Contractor's installation, equipment, or employees will be the sole responsibility of the Contractor. The following figures indicate the minimum required traffic control for each street classification: FIGURE 630-1 TYPICAL ARTERIAL TRAFFIC CONTROL PLAN N WS s /� vv-v vv-vw�'�vvviv v'vv-v�vv^•v usv�'viv,v vv vvvv vov � �,. .. \Y OCk00•.0 .: ....� OG •0000� �Yfli l�, n� NOTE: TWO VARIABLE MESSAGE BOARDS ARE REQUIRED FOR ALL ARTERIAL STREETS IN ADDITION TO THE MINIMUM SIGNS AND FLAGGERS INDICATED ABOVE. ADDITIONAL VARIABLE MESSAGE BOARDS, ADVANCE WARNING ARROW BOARDS, OR FLAGGING PERSONNEL MAY BE REQUESTED BY THE CITY REPRESENTATIVE AND SHALL BE PAID FOR SEPARATELY UNDER "ADDITIONAL VARIABLE MESSAGE BOARD", "ADDITIONAL FLAGGING PERSONNEL", AND/OR "ADDITIONAL ADVANCE WARNING ARROW BOARD" AS REQUESTED. Project Specifications- Page 18 of 21 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL FIGURE 630-2 TYPICAL COLLECTOR TRAFFIC CONTROL PLAN .. no oe oe000 �� � TTTTg po v— d6 (+ r �� NOTE: IN ADDITION TO THE MINIMUM SIGNS AND FLAGGERS INDICATED ABOVE, VARIABLE MESSAGE BOARDS ARE NOT REQUIRED FOR COLLECTOR STREETS. ADDITIONAL VARIABLE MESSAGE BOARDS, ADVANCE WARNING ARROW BOARDS, OR FLAGGING PERSONNEL MAY BE REQUESTED BY THE CITY REPRESENTATIVE AND SHALL BE PAID FOR SEPARATELY UNDER "ADDITIONAL VARIABLE MESSAGE BOARD", "ADDITIONAL FLAGGING PERSONNEL", AND/OR "ADDITIONAL ADVANCE WARNING ARROW BOARD" AS REQUESTED. Project Specifications- Page 19 of 21 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL FIGURE 630-3 TYPICAL RESIDENTIAL TRAFFIC CONTROL PLAN NOTE: IN ADDITION TO THE MINIMUM SIGNS AND FLAGGERS INDICATED ABOVE, VARIABLE MESSAGE BOARDS ARE NOT REQUIRED FOR RESIDENTIAL STREETS. ADDITIONAL VARIABLE MESSAGE BOARDS, ADVANCE WARNING ARROW BOARDS, OR FLAGGING PERSONNEL MAY BE REQUESTED BY THE CITY REPRESENTATIVE AND S14ALL BE PAID FOR SEPARATELY UNDER "ADDITIONAL VARIABLE MESSAGE BOARD", "ADDITIONAL FLAGGING PERSONNEL", AND/OR "ADDITIONAL ADVANCE WARNING ARROW BOARD" AS REQUESTED. BASIS OF PAYMENT Subsection 630.16 shall be revised as follows: Pay Item Unit 630.01 Additional Variable Message Board Per each per day 630.02 Additional Advance Warning Arrow Board Per each per day 630.03 Additional Flagging Personnel Hour Project Specifications- Page 20 of 21 I 1 I 1 L.J 1 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL All traffic control costs including but not limited to furnishing equipment, equipment set up/removal/modification, TCS and flagging personnel including required break times, vehicles, phones, notification delivery, hand signs, variable message boards, advance warning arrow boards, communication devices, sandbags, and all related incidentals required for traffic control shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work per the Typical Minimum Standards contained herein (Figures 630-1, 630-2, 630-3). Payment shall be made for traffic control devices and flagging personnel as requested by the City Representative and when additional to the minimum traffic control requirements as noted herein (Figures 630-1, 630-2, and 630-3). 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 OF 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 A SIGNALIZED INTERSECTION 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 AND HIGHWAY 14 MULBERRY STREET EAST OF LEMAY AVENUE) WILL NORMALLY BE RESTRICTED FROM 9:00 AM TO 3:00 PM. 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 21 of 21 I SECTION 02500 , QUANTITY ESTIMATE This work shall consist of crack sealing and crack filling on designated streets in the City of Fort Collins. A list ofstreets ' is contained herein. Additional quantities are included in the contract quantities for streets not identified at the time of the bid. All quantities , stipulated in the Bid Schedule are approximate and shall be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted. The basis of payment shall be the actual amount of materials furnished and Work completed. Contractor agrees to make no claim for damages, anticipated profits, or otherwise on account of any difference between ' the amounts of Work actually performed and materials actually furnished and the estimated amount in these documents. The City reserves the right to prioritize the installation of the work. ' 1 a i 201 1 CRACK SEAL and CRACK FILL PROJECT (1999 To Zoos) 9/2G/201 I Revised 1 5TREET ROAD CLA55 FROM TO wl4I16ZrAiW Troutman Pky Collector Shields 5t E End Tanger 5t Residential Troutman Pky 5tarling 5t Warbler Dr Residential Troutman Pky 5tarling 5t 5tarling 5t Residential Tanger 5t Manhatten Ave EA5TB0ROUGH Centennial Rd Collector Lemay Ave Parklake Dr Cobblestone Ct Residential 5prin6jwood Dr Cobblestone Ct Cobblestone Ct Residential E End W End Eastborough Dr Residential Centennial Rd N End Eastborough Dr Residential Centennial Rd 5tratborough Ln Emdboroucgh Dr Residential Oxborough Ln Centennial Rd Fauborough Ct Residential N End 5 End Middlesborough Ct Residential N End 5 End Oxborough Ln Residential Eastborough Dr Brookwood Dr Rockboroucgh Ct Residential Centennial Rd N End VILLAGE EAST Hampton Dr Residential Stover 5t Sydney Dr Kmgston Dr Residential Stratton Dr Camelot Dr Mansfield Dr Residential Stover 5t Camelot Dr Stover 5t Collector E Horsetooth Rd E 5wallow, Rd Stratton 5t Residential Kingston Dr Mansfield Dr Sydney Dr Residential Stover 5t Hampton Dr THUNDERMOOR Del Clair Rd Residential Stover 5t Tulane Dr Cortez 51; Residential E 5wallow 5t Del Clair Rd Cortez Ct Residential Cortez 5t End 5 Stanford Rd Collector E Swallow 5t Del Clair Kd N Stanford Rd Collector Del Clair Rd E Drake Rd Alamo Ave Residential E 5wallow 5t Del Clair Rd 5trachan Rd Residential 5tanford Rd Stover 5t CONSTITUTION Constitution Ave Collector W Drake Rd W Stuart 5t HIGHLANDER 1999 Edora Rd Residential E Prospect Rd E Prospect Rd Edora Ct Residential Edora Rd N End Welch 5t Residential E Prospect Rd E Pitkin 5t Emicgh 5t Residential E Pitkin 5t E Prospect Rd Alford 5t Residential E Pitkin 5t Emigh 5t OLD TOWN NEIGH13OR5 E Oak 5t Residential Remington 5t Whedbee 5t E Olive St Residential Mathews 5t Whedbee 5t E Olive 5t Residential Remington 5t Mathews 5t Mathews 5t Residential Mountain Ave E Olive 5t Mathews St Residential E Olive 5t E Magnolia 5t Peterson 5t Residential Mountain Ave E Mulberry 5t ' LOOM15 Bungalow Ct Residential N Mack 5t Wood 5t Grant Ave Residential W Mountain Ave Laporte Ave Lyons 5t Residential W Mountain Ave Laporte Ave ' N Mack 5t Residential W Mountain Ave Laporte Ave Roosevelt Ave Residential W Mountain Ave Laporte Ave Washington Ave Residential W Mountain Ave Laporte Ave Page 1 of 16 201 1 CRACK SEAL and CRACK FILL PROJECT (1 999 TO 2005) 9/2G/201 I Revised ROAD CLA55 FROM TO 2000 STREET REPAIRS STONEHENGE Avery Court Residential Stonehenge Dr End Bear Court Residential Stonehenge Dr End Brookwood Dr Residential Stuart St. Kirkwood Dr Brumal Court Residential Welch St. East End hunter Court Residential Stonehenge Dr End Indian Summer Court Residential Welch St. West End Kenwood Court Residential Rollmgwood Dr End Niagara Court. Residential Stoney Hill Drive North End Niagara Drive Residential Welch St. Stoney Hill Dr. Osprey Court Residential Brookwood Dr End Solstice Lane Residential Welch St. Welch St. Sonoma Court Residential Stoney hill Dr. North End Stonehenge Dr Residential Welch St. Rolhngwood Dr Stoney hill Court Residential Stoney Hill Drive Stoney Hill Dr. Stoney Hill Drive Residential Lemay Ave. Brookwood Dr. Rolf Court Residential Rolhngwood Dr End Rollingwood Dr Residential Stuart St. Kirkwood Dr Welch Street Residential Stuart St. Niagara Dr. LANDINGS Breakwater Dr Residential Lemay Ave. 5ky5ail Ln. Shore Pine Ct (Harpoon Ct Residential Breakwater Dr. Shore Pine Ct Shore Pine Ct Residential E End W End 5kysail Ln Residential Bridge Breakwater Dr P055BOPOUGH Avon Court Residential Birmingham Dr. End Birmingham Drive Residential Cockney St. South End Birmingham Court Residential Birmmgham Dr. East End Chelsea Court Residential Birmingham Dr. End Cockney Street Residential Birmingham Dr. Cheshire St. Cheshire Street Residential Cockney St. Birmingham Dr. Devonshire Drive Residential Taft Hill Rd Birmingham Dr. Derby Court Residential Birmmgham Dr. West End Enfield Street Residential Birmingham Dr. Pembroke 5t English Court Residential Enfield Street End Glasgow Court Residential Birmingham Dr. End Newcastle Court Residential Birmingham Dr. West End Lindsey Street Residential Derby Court Newcastle Court Pembroke Street Residential Birmingham Dr Enfield Street Thames Court Residential Birmingham Dr End Westminster Street Residential Birmmgham Dr South End 5UN5TONE VILLAGE Caribou Dr Collector Artic Fox Dr E Horsetooth Rd Capstone Ct Residential 5un5tone Dr 5 End Flagstone Ct Residential Caribou Dr W End 5tonegate Ct Residential 5tonegate Dr 5 End 5tone6jate Dr Residential Stoney Creek Dr 5un5tone Dr 5tonendge Ct Residential Caribou Dr N End 5toneway Ct Residential 5un5tone Dr S End Stoney Creek Dr Residential Caribou Dr Winterstone Dr Sunburst Dr Residential 5un5tone Dr Caribou Dr 5uncre5t Ct Residential Caribou Dr 5 End 5uncrest Dr Residential 5tone6jate Dr Caribou Dr Sunlight Ct Residential Sunburst Dr N End Sunray Ct Residential W End E End 5un5tone Ct Residential 5un5tone Dr E End 5un5tone Dr Residential Stoney Creek Dr Caribou Dr Touchstone Ct Residential Sunburst Dr N End r, J Page 2 of 16 201 1 CRACK SEAL and CRACK FILL PROJECT N 999 To 2005) 9/249/201 1 Revi5ed I 5TREET ROAD CLA55 FROM TO 5OUTHMOOR Swallow Bend Residential Swallow Road Stover 5t. Swallow Place Residential Swallow Road South End SHEELY ADDITION Balsam Ln Re5idential Prospect Ln 5 Whitcomb 5t Juniper Ln Residential Sheely Dr Whitcomb 5t Prospect Ln Residential Prospect Rd Juniper Ln Prospect Rd Arterial Shields 51; Whitcomb 51; Prospect Rd Arterial Whitcomb 51; College Ave BENNETT AREA Bennett Rd Residential Shields St City Park Ave City Park Av Residential Bennett Rd Elizabeth 5t. Del Mar 5t Residential Springfield Dr Westward Dr Lakewood Dr Residential Del Mar 5t. City Park Ave Springfield Dr Residential 5hield5 5t City Park Ave University Ave Residential 5hield5 5t City Park Ave Westward Dr Residential 5hield5 5t City Park Ave CREGER Boardwalk Dr Arterial Mason 51; College Ave Creger Dr Residential Mason 5t College Ave Colboard Dr Residential Mason 5t College Ave Mason St Arterial Hor5etooth Rd harmony Rd Mason St Arterial Monroe St E Hor5etooth 5t Monroe Dr Residential College Ave JPK Pky Monroe Dr Residential College Ave Mason 5t Troutman Pky Arterial Mason 5t College Ave UNIVERSITY PARK Mathews 5t Residential Magnolia 5t Laurel 5t Peterson St Residential Olive 5t Laurel 5t EVERGREEN PARK Matuka Court Residential Conifer St 5 End Muddler Court Residential Conifer St S End 5ugarpme 5t Residential Conifer 5t End HICKORY Hickory St Residential N College Ave W End HAMP5HIRE Hampshire Rd Collector Chevoit Dr W Drake Rd HIGHLANDER Baker 5t Residential E Pitkin 5t McHugh E Pitkin 5t Residential 5 Lemay Ave Riverside Ave Hays 51; Residential E Pitkin 5t McHugh PROSPECT ESTATES Buckeye 5t Residential Meeker Dr Laplata Ave E Lake 5t Residential Meeker Dr End Hays 5t Residential Buckeye 51; E Pitkin 5t Laplata Ave Residential E Prospect Rd E Pitkin 51; Longs Peak Or Residential E Prospect Rd Buckeye 5t Meeker Dr Residential E Lake 5t Buckeye 5t Pikes Peak Ave Residential E Lake 5t Buckeye 5t 1 Page 3 of 16 201 1 CRACK SEAL and CRACK FILL PROJECT (1999 To 2005) 9/2G/201 I Revised ' 5TREET OAKRI DGE ROAD CLA55 FROM TO ' Barberry Drive Residential Keenland Drive McMurray Avenue Coralberry Court Residential Wheaton Drive North End Elderberry Court Residential Barberry Drive South End Honeylocust Court Residential Wheaton Drive North End Iris Court Residential Wheaton Drive North End Keenland Drive Collector Lemay Ave East End McMurray Avenue Residential Keenland Drive Wheaton Drive Spanish Oak Court Residential Keenland Drive West End Twin Oak Court Residential Keenland Drive East and West Ends Twinberry Court Residential Keenland Drive East and West Ends Wisteria Court Residential Barberry Drive North End VERMONT Connecticut Dr Residential Connecticut Dr Residential Eastbrook Dr Residential Massachusetts 5t Residential Connecticut Ct Residential THUNDERBIRD Massachusetts 5t Eastbrook Dr Sonora 5t Danfield Ct Connecticut Dr Eastbrook Dr Eastbrook Dr East End Allen St Residential Harvard 5t Tulare Dr Annabel Ln Residential Remington 5t Mae 51; Del Clair Rd Residential Remington 5t Tulare Dr E Thunderbird Dr Residential Harvard 5t Leisure Dr Leisure Dr Residential E Drake Rd 5 End Linda Ln Residential Remington 5t Tulare Dr Mae 5t Residential Harvard 5t Tulare Dr Mathews 5t Residential E Drake Rd E Thunderbird Dr Phoenix Dr Residential Linda Ln E 5wallow Rd Remington 5t Residential Harvard 5t E 5wallow Rd Remington 5t Re51dentlal E Swallow Rd 5 End Ruth 5t Residential Annabell Ln Tulare Dr Tulare: Dr Residential E Drake Rd E 5wallow Rd MILLER BROTHER5 2000 6 2002 Applewood Rd Residential Montview Rd 5 Taft Hill Rd Ash Dr Residential W Lake 5t Clearview Ave Briarwood Rd Residential 5 End Montview Rd Crabtree Or Residential Cypress Dr Ponderosa Dr Clearview Ave Residential Cypress Dr 5 Taft Hill Rd Cypress Dr Residential W lake 5t W Elizabeth 5t Fuqua Dr Residential W Prospect Rd Clearview Ave Hillcrest Dr Residential W Lake 5t W Elizabeth 5t Montview Rd Residential Clearview Ave Hillcrest Dr Ponderosa Dr Residential Evergreen Dr W Elizabeth 5t Poplar Dr Residential Cypress Dr Ponderosa Dr 5prmgfield Ct Residential N End 5prmgfield Dr 5prm6jfield Dr Residential Village Ln 5 Taft Hill Rd Tamarac Dr Residential Cypress Dr Ponderosa Dr Village Ln Residential 5 End N End W Lake 51; Residential Deerfield Dr 5 Taft Hill Rd 2001 STREET REPAIRS EA5T LAKE AREA Lake 5t Residential College Ave Whedbee 5t Matthews 5t Residential Lake 5t Prospect Rd Peterson 51; Residential Prospect Rd Pitkn 5t Page 4 Of 16 201 1 CRACK SEAL and CRACK FILL PROJECT (1999 TO 2005) 9/2G/201 I Revised 5TREET ROAD CLA55 FROM ARBOR AREA Beaver Creek Dr Residential Troutman Pky Benthaven 5t Benthaven St Residential Moss Creek Dr Wabash 5t Burgundy Ct Residential Century Dr North E End Butte Pass Dr Residential E End West End ' Canosa Ct Re5ldentlal Century Dr North E End Dillon Wy Re5ldentlal Butte Pass Dr South End Granby Ct Residential Butte Pass Dr South End Granite Ct Re5ldentlal Wabash 5t North End ' Granite Ct Residential Wabash 5t South End Great Plam5 Ct Residential Moss Creek Dr East End Lost Creek Dr Re51dentlal Butte Pass Dr South End Moss Creek Dr Residential Troutman Pky Wabash Dr 5addle Notch Dr Residential Troutman Pky Butte Pass Dr Snow Ridge Ct Residential Butte Pass Dr S End Winter Ct Residential Moss Creek Dr W End ' 5ATURN AREA Aran 5t Residential Saturn Dr Skyway Dr Balhna Ct Residential Saturn Dr N End Boyne Ct Residential Skyway Dr N End ' Colby Ct Residential Saturn Dr N End Colby 5t Re51dentlal Skyway Dr Saturn Dr Saturn Dr Residential 5 College Ave Aran 5t Saturn Dr Re50entlal Aran 5t Derry Dr ' 5kyway Dr Collector Aran 5t Colby 5t Tralee Ct Residential Colby 5t W End E. 5TUART AREA ' Stover 5t Collector E Prospect Rd E Fitkin 5t SWALLOW AREA Foothills Parkway Residential Matthews 5t College Ave Matthews St Residential Swallow Rd Foothi115 Pky Monroe Dr Residential 5tanford Rd Stover 5t Stanford Rd Collector Swallow Rd Hor5etooth Rd Erin Ct Re5dential Riverside Ave W End NEW BEDFORD AREA A51hlawn Ct Residential New Bedford Dr W End Brittany Ct Residential New Bedford Dr E End Dorchester Ct Residential New Bedford Dr E End Monticello Ct Residential New Bedford Or. W End New Bedford Dr Residential Wheaton Dr Ticonderoga Norwich Ct Re5ldentlal New Bedford Dr W End Revere Ct Residential Wheaton Dr N End 5tandi5h Ct Residential New Bedford Dr W End WHALERS AREA Maxwell Ct Residential Maxwell Dr W End Maxwell Dr Residential Whalers Wy Seaboard Ln Seaboard Ln Residential Whalers Wy Maxwell Dr Seaway Cir Residential Whalers Wy Whalers Wy Whalers Wy Collector Boardwalk Dr Lemay Ave 5TANFORD ' 5tanford Rd Collector E Swallow Rd E Hor5etooth Rd 11 ' Page 5 of 16 SECTION 00300 •;►i 201 1 CRACK SEAL and CRACK FILL PROJECT (1999 To 2005) 912GI201 I Revised STREET ROAD CLA55 FROM TO DOCTORS LANE AREA Doctors Ln Residential Lemay Ave Patton 5t Elizabeth 5t Collector Lemay Ave McHugh 5t Hospital Ln Residential Doctors Ln Elizabeth St Luke 5t Residential Doctors Ln Elizabeth St McHugh 5t Residential Elizabeth 5t Riverside Ave Patton 5t Residential Doctors Ln Elizabeth 5t RIVERSIDE Erin Ct Residential Riverside Ave W End Riverside Ave Collector Prospect Rd S End 5HERWOOD AREA Sherwood 5t Residential Canyon Ave Oak 5t Whitcomb 5t Residential Olive St Mountain Ave E Foothills Pky Residential 5 College Ave Mathews 5t Mathews 5t Residential E Foothills Pky E Swallow Rd UNIVERSITY PARK Locust 5t Residential College Ave Smith 5t Mathews St Residential Elizabeth St E Laurel 5t Peterson 5t Residential Elizabeth 5t E Laurel 5t W LAKE AREA Blevins Ct Residential Whitcomb 5t W End W Lake 5t Collector Whitcomb 5t Shields St Summer St Residential Shields 5t E End Whitcomb St Residential Lake 5t Prospect Rd GILGALAD Gdgalad Wy Residential Hill Pond Rd N End BLUE SPRUCE Blue 5puce Dr Residential Conifer 5t E. Willox Ln. Bnstlecone Dr Residential PVMT CHG - E of College Blue Spruce Dr Butch Cassidy Dr Residential Blue Spruce Dr. East to PVMT CHG 5undance Cr Residential Blue Spruce Dr. East to PVMT CHG 2002 STREET REPAIRS ALTA V15TA Alta Vista 5t Residential E Vine Dr North End Main 5t Residential West End North Lemay Ave Martinez St Residential South End North End Unknown Name Residential Alta Vista 5t North End Unknown Name Residential South End North End 5 Bryan Ave Residential W Mulberry 5t S Bryan Ave 5 Bryan Ave Residential City Park Dr W Mountain Ave 5 McKinley Ave Residential W Oak 5t W Mountain Ave W Oak 5t Residential 5 Bryan Ave 5 51hield5 St EAST SWALLOW E 5wallow Rd Collector 5 College Ave 5 Lemay Ave FOUR SEASONS Arbor Ave Residential Century Dr Coronado Ave Century Dr Residential W Horsetooth Rd Wabash 5t Wabash 5t Collector Century Dr Ashury Dr Page 6 of 16 11 201 1 CRACK SEAL and CRACK FILL PROJECT (1999 TO 2005) 9/2G/201 I Revised STREET ROAD CLA55 GREENBRIAR Grouse Cir Residential E Willox Ln E Willox Ln Peregrin Run Residential E Willox Ln E Willox Ln Pica Run Residential E Willox Ln Briarcliff Rd Ptarmigan Ct Residential E Willox Ln S End Quad Run Residential E Willox Ln E Willox Ln MILLPOND Bridgefield Ln Residential Shire Ct Rolland Morre Dr Chetwood Ct Residential Shire Ct 5 End Gilgalad Wy Residential S End Mill Pond Rd Gilgalad Wy Residential Mill Pond Rd N End ' Mill Pond Dr ll Pond Dr Residential Residential 5 Shields St Shire Ct Shire Ct E End irromere Cir Residential Weathertop Ln E End Rolland Moore Dr Collector 5 Shields St E End 51adowmere Ct Residential Mill Pond Rd N End Shire Ct Residential 5 Shields St Mill Pond Rd Spring Creek Ln Residential W End S Shileds 5t 5undermg Dr Residential Weathertop Ln W End Waters Edge Residential Hill Pond Rd N End Weathertop Ln Residential Shire Ct N End Wind Trail Residential Waters Edge E End Wmterberry Wy Residential Mill Pond Rd N End LINCOLN AVE ' E Lincoln Ave Residential Riverside Ave N Lemay Ave STUART/STOVER E Stuart St Collector S College Ave Stover St Stover St Collector E Stuart St E Prospect Rd MAPLE 5T Maple 5t Residential College Ave Howes St BUSCH DRIVE Busch Dr Arterial Mountain Vista Rd Richards Lake Rd VINE DR Vine Dr Arterial College Ave Linden St E LAUREL E Laurel St Collector College Ave Stover St GRANDVIEW Fishback Ave Residential WMountain Laporte Ave Grand View Ave Residential W Mountain Laporte Ave N Bryan Ave Residential W Mountain Laporte Ave Richards PI Residential N Bryan Ave Fishback Ave CRESTMORE Crestmore PI Residential 5 Bryan Ave City Park Ave Lakeside Ave Residential W Mulberry St Sheldon Dr S Bryan Ave Residential W Mulberry St 5 End Sheldon Dr Residential Crestmore PI W Mulberry St Westview Ave Residential 5 Bryan Ave E End Westview Ave Residential W End Sheldon Dr ' Page 7 of 16 201 1 CRACK SEAL and CRACK FILL PROJECT (1999 TO 2005) 512GI201 I Revised ' 5TREET REDWING ROAD CLA55 FROM TO I Avocet Rd. Residential Meadolark Ave. Eagle Dr. BlueJay 5t. Residential Eagle Dr. Ringneck Dr. Eagle Dr. Residential W. Swallow Rd. Meadowlark Ave. Flicker Dr. Residential Avocet Rd. Kedwmg Rd. Junco Ct. Residential Eagle Dr. West End Killdeer Dr. Residential Avocet Rd. Rmgneck Dr. Redwmg Rd. Residential Rmgneck Dr. Drake Rd. Rmgneck Dr. Residential W. Swallow Rd. Flicker Dr. PIONEER Armstrong Ave Residential W Laurel 5t Pioneer Ave Del Norte PI Residential W Laurel 5t Monte Vista Ave Martz PI Residential 5 Shields 5t Monte Vista Ave Monte Vista Ave Residential W Laurel 5t Sunset Ave Pioneer Ave Residential W Mulberry St 5 Washington Ave Sunset Ave Residential 5 Shields 51: Pioneer Ave LAPKBOROUGH Goldeneye Dr Residential W Troutman Pky Warbler Dr Guillemont 51; Residential Widgeon 5t Warbler Dr Thrasher 5t Residential Widgeon St Warbler Dr Widgeon 5t Residential W Troutman Pky Goldeneye Dr 2003 STREET REPAIRS FAI RBROOKE Bangor Ct Residential Etton Dr Holhngbourne Dr Cedarwood Dr Residential Hampshire Rd W of Somerville Coventry Ct Residential Hampshire Rd W End Etton Dr Residential Cedarwood Dr Hol6ng1bourne Dr Pairbrooke Ct Residential Cedarwood Dr N End Hampshire Dr Collector Suffolk 5t W Prospect Rd Hollingbourne Dr Residential Etton Dr Cedarwood Dr PROSPECT PARK Canton Ct Residential Sharp Point Dr W End March Ct Residential Sharp Point Dr W End Midpoint Dr Collector Timberline Rd Sharp Point Dr Prospect Pky Residential E Prospect Rd Midpoint Dr Piverbend Ct Residential Sharp Point Dr W End Sharp Point Dr Collector E Prospect Rd Midpoint Dr Specht Point Dr Residential E Prospect Rd Midpoint Dr TENTH GREEN Hi lcrest Dr Residential W Oak 5t N Briarwood Kd N Briarwood Rd Residential Laporte Ave W Oak 5t W Oak 5t Residential W End E End Wood 5t Residential Laporte Ave N End Busch Drive Arterial Mountain Vista Dr Richards Lake Rd W ELIZA13ETH W Elizabeth 5t Arterial Taft Hill Rd City Park Ave Page 8 of 16 201 1 CRACK SEAL and CRACK PILL PROJECT (I else TO 2005) 9/2G/201 I Pevisecd STREET ROAD CLA55 FROM TO ANDER50NVILLE I OTH 5T Residential Trujillo 5t Buckmgham 5t I I TH ST Residential Romero 5t Lopez 5t Buckmgham 5t Residential Lemay Ave I OTH 5T Lopez Ct Residential I OTH 5T East End Romero 5t Residential Lemay Ave I OTH ST Romero 5t Residential I OTH ST I I TH 5T Trujillo St Residential Lemay Ave I OTH ST CENTER AVE Bay Dr Residential W End Center Ave Center Ave Collector Prospect Rd Lake 5t Center Ave Collector Prospect Rd 5 of Bay Dr ' Centre Ave Collector Bay Dr Research Blvd CLARENDON HILLS Alexa Ct Residential Clarendon Hills Dr W End ' Alexa Wy Residential Clarendon Hd15 Dr Fox Hills Dr Ashford Ct Residential Clarendon Hills Dr W End Ashford Ln Residential Clarendon Hills Dr Hm5dale Dr Bently PI Residential W End E End ' Clarendon Hdl5 Dr Collector Shields St dilldale Dr Fox 1015 Dr Residental W End E End Hazel Ct Residential Clarendon Hdls Dr W End Hm5dale Dr Collector McGraw Dr ' W End Hinsdale Dr Collector McGraw Dr W Harmony Rd Hobson Ct Residential Clarendon HIII5 Dr W End McGraw Cir Residential McGraw Dr Hm5dale Dr McGraw Dr Residential W End Hinsdale Dr ' Ogden Ct Residential Clarendon H1115 Dr W End Stoddard Dr Re5idental W End Hinsdale Dr COAL BANK DRIVE ' Coal Bank Dr Residential Wetterhorn Rd Willow Creek Rd STOVER STREET Stover 5t Collector Stuart St Drake Rd ' Stover 5t Collector Prospect Rd Stuart St WOOD STREET Wood 5t Residential Laporte Ave North End TENTH GREEN Hillcre5t Or Residential W Oak St N Brairwood Rd N Briarwood Rd Residential Laporte Ave W Oak 5t W Oak St Residential W End E End 5UN5TONE VILLAGE Bridgestone Ct Residential Stonertdge Dr W End Cre5t5onte Ct Residential Stoney Creek Dr W End Gemstone Ct Residential Stoney Creek Dr E End Gemstone Ln Kesidental Stoney Creek Dr 5ummer5tone Ct Mde5tone Dr Residential Winter5tone Dr S Timberline Rd 51lver5tone Ct Residential Stoney Creek Dr 5 End Stoneridge Dr Residential Caribou Dr Stoney Creek Dr Stoney Creek Dr Residential Caribou Dr Milestone Dr Stoney Pine Ct ( I) Residential Winter5tone Dr E End Stoney Pine Ct (2) Residential Winter5tone Dr W End 5ummer5tone Ct Residential Timberline Rd N End Sunleaf Ct Residential W End E End Thunder5tone Ct Residential Winter5tone Dr W End Wnter5tone Ct ( I ) Residential Winter5tone Dr E End Winter5tone Ct (2) Residential Winter5tone Dr W End Winter5tone Dr Residential 5ummer5tone Ct Milestone Dr Page 9 of 16 201 1 CRACK SEAL and CRACK PILL PROJECT (1999 To Zoos) 912GI201 I Revised ' STREET ROAD CLA55 FROM TO FAIRBROOKE Bangor Ct Residential Etton Dr Holhngbourne Dr Cedarwood Dr Residential Somerville Dr Hampshire Rd Coventry Ct Residential W End Hampshire Rd Etton Dr Residential Hollingbourne Dr Cedarwood Dr Fairbrooke Ct Residential N End Cedarwood Dr Hampshire Rd Collector W Prospect Kd Suffolk 5t Hampshire Rd Collector 5ufflok 5t Cheviot Dr Hollmgbourne Dr Residential Etton Dr Cedarwood Dr MEADOWS EAST Abilene Ct Residential Adobe Dr East End Adobe Dr Residential Sonora 5t Pecos PI Adobe Dr Residential Custer Dr Abilene Ct Custer Dr Residential Adobe Dr Timberline Rd Pecos PI Residential Adobe Dr Sombrero Ln Sagebrush Dr Residential Timberline Road Sombrero Ln Sagebrush Dr Residential Sombrero Ln Pecos PI Sagebrush Dr Residential Pecos PI Custer Dr Sagebrush Dr Residential Custer Dr Abilene Ct Sagebrush Dr Residential Abilene Ct E Drake Rd Sombrero Ln Residential Sonora 5t Pecos PI Sonora St Residential West End Sombrero Ln Alder Ct Residential Red Oak Ct N End Haxton Dr Residential 5 Lemay Ave Oakndge Dr Innovation Dr Residential Oak Ridge Dr McMurry Ave Last Oak Ct Residential Redberry Ct E End Live Oak Ct Residential W End E End McMurry Ave Collector Keenland Dr Harmony Rd Oak Island Ct Residential Rule Dr South End Oak Park Dr Residential Oak Ridge Dr Wheaton Dr Oak Ridge Dr Collector 5 Lemay Ave Wheaton Dr Oak Ridge Dr Collector Wheaton Dr McMurry Ave Oak Ridge Dr Residential McMurry Ave Innovation Dr Pleasant Oak Dr Residential Oak Ridge Dr McMurry Ave Red Oak Ct Residential Redberry Ct Wheaton Dr Red Oak Ct Residential Wheaton Dr West End Redberry Ct Residential Silk Oak Dr Saffron Ct Redberry Ct Residential Saffron Ct E End Redbud Ct Residential N End 5 End River Oak Dr Residential McMurry Ave E End Rule Dr Residential 5 Lemay Ave Wheaton Dr Saffron Ct Residential N End 5 End Sawtooth Oak Ct Residential Wheaton Dr W End Silk Oak Ct Residential Wheaton Dr W End Silk Oak Dr Residential Wheaton Dr E End Valley Oak Ct Residential Rule Dr 5 End Wheaton Dr Collector Keenland Dr Harmony Rd White Oak Ct Residential Wheaton Dr W End OAK LEAP Oak Leaf Ct Residential 5eton 5t West End 5eton 5t Residential 5 Lemay Ave Oak Leaf Ct R055130POUGH Ames Ct Residential Dunbar Ave W End Bronson St Residential Dunbar Ave 5 Taft Hill Rd Churchill Ct Residential W End E End Enfield Ct Residential Dunbar Ave W End Kent Ct Residential Kent Wy W End Kent Way Residential Bronson 5t Churchill Ct Lindsey Ct Residential Lindsey 5t W End Lindsey 5t Residential Bronson 5t Newcastle Ct Page 10 of 16 201 1 CRACK SEAL and CRACK FILL PROJECT (1999 TO 2005) 912GI201 I Revised ' STREET ROAD CLA55 FROM TO OVERLAND HILLS ' Platte Ct Residential N End Platte PI Platte PI Residential W End City Limit GREENBRIAR Agape Wy Residential E Willox Ln S End Bramblebush 5t Residential E Willox Ln E Willox Ln Briarcliff Rd Residential E Willox Ln Bramblebush 5t Sand Creek Ct Residential Bramblebush 5t N End ' Sand Creek Dr Residential Bramblebush 5t N End 2004 STREET REPAIRS CHAPARRALL ' Boone St Residential Casa Grande Blvd Sioux Blvd Bowie 5t Residential Casa Grande Blvd Swallow Rd Clementine Ct Residential Oregon Tr Dudley Way ' Crockett 5t Downing Ct Residential Residential Casa Grande Blvd Casa Grande Blvd Sioux Blvd 5 End Dudley Wy Residential Casa Grande Blvd Oregon Tr Gatlin 5t Residential Casa Grande Blvd Sioux Blvd Hickok Dr Residential Casa Grande Blvd Seneca 5t Liverpool 5t Residential Casa Grande Blvd Dunbar Ave Oregon Tr Residential Casa Grande Blvd Seneca 5t Ottawa Ct Residential Sweeney 5t W End Sam Houston Cr Residential Seneca 5t Sioux Blvd Seneca 5t Residential Oregon Tr Sam Houston C1r Sharps 51; Residential Casa Grande Blvd Sioux Blvd Sioux Blvd Residential Sam Houston Cir Sharps 5t Sweeney 5t Residential Casa Grande Blvd Sioux Blvd ' W ELIZABETH W Elizabeth 5t Residential City Park Ave 5 Shields 5t GOEHRING Aspen 5t Residential W Willox Ln Eaton 5t Cedar 5t Residential W WiIlox Ln Eaton 5t Eaton 5t Residential Aspen 5t E End Willox Ct Residential W Wdlox Ln N End GOLDEN MEADOWS Arcadia Ct Residential Cape Cod Cir N End Attleboro Ct Residential Ticonderoga Dr N End Cape Cod Cir Residential Kingsbury Dr Kingsbury Dr Kingsbury Dr Residential Wheaton Dr Tarryton Dr McMurry Ave Collector Ticonderoga Dr Burlington Ct Mill Run Ct Residential Ticonderoga Dr N End ' Monmouth Ct Residential Tarryton Dr 5 End New Hampton Ct Residential Tarryton Dr S End Salem 5t Residential Cape Cod Cir Cape Cod Cir Sherman Ct Residential Ticonderoga Dr N End Taryton Dr Residential New Bedford Dr Ticonderoga Dr Ticonderoga Dr Collector 5 Lemay Ave McMurry Ave Torrington Ct Residential Ticonderoga Dr 5 End ' Waynesboro Ct Residential Ticonderoga Dr N End nAK W Oak 51; Residential Mason 5t Meldrum 5t ' W Oak 5t Residential Meldrum 5t Whitcomb WORTHINGTON Centre Ave Collector Shields 5t Research Blvd Worthington (north of Centre) Residential Centre Ave Centre Ave 1 Page 11 of 16 201 1 CRACK SEAL and CRACK FILL PROJECT I1999 To 2oos1 912CI201 I Revised 5TREET ROAD CLA55 FROM WILLOX AREA Wllox Ln Arterial N Lemay Ave Round -a -bout ' MATHEW5 Mathews 5t Residential Pitkin 5t Elizabeth 5t Peterson 5t Re5idential Pitkin 5t Elizabeth 5t ' 5mith 5t Re51dential Pitkin 5t Elizabeth 5t 5mith 5t Residential Elizabeth 51; Locust 5t Whedbee 5t Ke5idential Pitkin 5t Elizabeth 5t Whedbee 51; Residential Elizabeth 5t Locust 5t , DAKOTA RIDGE Cochetopa Ct Re5idential Red Mountain Dr E End E PR05PECT RD E Prospect Rd Arterial College Ave Timberline MEADOWLARK Meadowlark Ave Collector E Drake Rd W 5wallow Rd WE5TVIEW Blue Teal Drive Re5idental We5tVIeW Road Fid6jecre5t Drive Ridgecre5t Drive Residential Blue Teal Drive 5pauldmg Lane We5tview Road Residential City Limit South End CLARENDON HILLS Abbey Rd Residential Ashford Lane West End Hilldale Ct Residential Hilldale Drive South End Hilldale Dr Collector 5 51hield5 Street Pvmt Chg east of Clarendon Hills Dr Hinsdale Ct Residential Hinsdale Drive East End Langdale Court Residential North End South End Langdale Dr Residential Clarendon HIII5 Drive East End Rochelle Circle Residential Langdale Drive Langdale Drive Saratoga Gr Residential Hilldale Drive South End Whitehall Ct Residential Abbey Road West End Lakeshore Drive Residential 5ilvercreek Drive Parklake Drive Parklake Court Residential E. Drake Road Parklake Drive Parklake Drive Collector E. Drake Road Parklake Court Shadow Court Residential Lakeshore Drive North End 5ilvercreek Drive Residential E. Drake Road Lakeshore Drive Yucca Court Residential Parklake Drive West End VILLAGE AT 5OUTHRIOGE Deercroft Court Residential Wngfoot Drive West End Doral Place Residential Wngfoot Drive West End Muirheld Way Residential Wngfoot Drive South Lemay Avenue 5agamore Cr Residential Wngfoot Dr W End Wngfoot Drive Residential 5outhnd6je Greens Blvd. 5a6jamore Circle WOODLAND Hibiscus Street Residential Woodland Way Marigold Lane Viola Street Residential Woodland Way Marigold Lane Woodland Court Residential Woodland Way North End Woodland Way Residential Viola Street East End Page 12 of 16 201 1 CRACK SEAL and CRACK FILL PROJECT (1999 To 2005f 9/2G/201 I Revised 1 I I LI' I I 1 I I STREET ROAD CLA55 Buckeye Street Residential Newsom Street Morgan Street E. Lake Place Residential E. Lake Street 5. Lemay Avenue E. Lake Street Residential Stover Street E. Prospect Road E. Pitkin Street Collector Stover Street 5. Lemay Avenue Edwards Street Residential Ellis Street Morgan Street Ellis Street Residential E. Prospect Road E. Lake Street Ellis Street Residential E. Pitkin Street Garfield Street Garfield Street Residential Stover Street S. Lemay Avenue Green Street Residential E. Lake Street Garfield Street Lory Street Residential E. Lake Street S. Lemay Avenue Luke Street Residential E. Pitkin Street E. Prospect Road Morgan Street Residential E. Lake Street E. Elizabeth Street Newsom Street Residential E. Lake Street Garfield Street Patton Street Residential E. Pitkin Street E. Prospect Road Robertson Street Residential E. Elizabeth Street Garfield Street Robertson Street Residential E. Prospect Road 5. Lemay Avenue Robertson Street Residential Garfield Street E. Elizabeth Street Williams Street Residential Garfield Street Morgan Street Yount Street Residential E. Pitkin Street E. Prospect Road QUAIL HOLLOW Beaver Ct Residential Mercy Dr 5 End Blue Leaf Court Residential Yorkshire 5t N End Blue Leaf Dr Residential 5. Overland Trail Yorkshire 5t Brumbaugh Dr Residential Yorkshire St W End Calendar Ct Residential 5kimmerhorn 5t S End Clay Basket Ct Residential Blue Leaf Drive W End Clemma Ct Residential Pasquinel Dr W End Dixon Creek Ct Residential Dixon Creek Ln N End Dixon Creek Ln Residential Yorkshire St E End Dumire Ct Residential Mc Keag Dr N End Garrett Dr Residential W End E End Lisette Ct Residential Blue Leaf Dr W End Luanda Ct Residential Pasqumel Dr W End McKeag Dr Residential Yorkshire 5t Dumire Court Mercy Ct Residential Mercy Dr W End Mercy Dr Residential Dixon Creek Ln Michener Drive Michener Ct Residential Yorkshire St W End Michener Dr Residential Yorkshire St East End Pasquinel Dr Residential 5kimmerhorn St W. Drake Road Seccomb St Residential Yorkshire St Dumire Court Skimmerhorn St Residential S. Overland Trail Zendt Drive Teal Eye Ct Residential Michener Dr 5 End Yorkshire St Collector 5. Overland Trail W. Drake Rd Zendt Dr Residential Garrett Dr 5kimmerhorn St 2005 STREET REPAIRS 13URN5 RANCH Nesbit Ct Residential 5kimmerhorn 5t W End 5kimmerhorn St Residential Overland Trail 5 End Alumbaugh Ct Residential 5kimmerhorn St N End PARAGON POINT Cattail Ct Residential Paragon PI E End Chickadee Ct Residential Paragon PI E End ClifProse Ct Residential Paragon PI E End Paragon Ct Residential Paragon PI 5 End Paragon PI Residential Lemay Ave E End Pheasant Ct Residential Pheasant Dr S End Pheasant Dr Residential Lemay Avenue Paragon PI Fossil Creek Pky Collector 5 Lemay Ave E Saturn Dr Page 13 of 16 201 1 CRACK SEAL and CRACK FILL PROJECT (1999 TO zoos) e/2G/201 I Revised ' STREET ROAD CLA55 FROM TO ' NEL50N FARM Camrose Street Residential Nelson Lane Grovewood Drive Fernwood Ln Residential 5pringwood Dr Centennial Rd Grovewood Ct Residential Grovewood Dr W End Grovewood Dr Leawood St Residential Residential Camrose 5t Nelson Ln Leawood 5t 51lverwood Dr Nelson Ln Residential 5pnngwood Dr Leawood 5t Pepperwood Ln Residential 5pringwood Dr Centennial Rd Pepperwood Ln Residential 5 End 5pnn6jwood Dr Rockwood -Dr Residential 5prmgwood Dr Centennial Rd , 5ilverwood Dr Residential Leawood 5t 5prin6jwood Dr 5ilverwood Dr Residential Springwood Dr Centennial Rd Wedgewood Ct Residential 5prmgwood Dr N End STOVER STREET , Cheyenne Drive Residential Stover Street West to Pvmt Change Stover Street Collector Stuart Street Drake Rd. SWALLOW Swallow Rd Collector Shields 5t College Ave WAGON WHEEL , Casa Grande Blvd Residential Dunbar Ave Shields 5t Laredo Ln Residential Casa Grande Blvd Nez Perce Wy Lymen 51; Nez Perce Wy Residential Residential Casa Grande Blvd Sharps 5t Nez Perce Wy Lymen 5t , LAUREL STREET Laurel 51; Arterial Loomis Ave shields 5t , BROWN FARM I Bluegrass Dr Residential Yorkshire 5t W End Bluegrass Dr Residential Yorkshire 5t Montmorency 5t Clydesdale Ct Residential Yorkshire 5t W End ' Compass Ct Residential Bluegrass Dr Pampas Ct Courtland Ct Residential Bluegrass Dr S End Garden Dr Residential Yorkshire 5t Montmorency 5t Haralson Ct Residential bluegrass Dr 5 End Lodi Ct Residential Montmorency 51; E End Manet Ct Residential Bluegrass Dr 5 End Montmorency 5t Residential Drake Rd Garden D Morgan Crt Residential Yorkshire 5t West End ' Mount Royal Ct Residential Yorkshire 5t W End Pampas Ct Residential Compass Ct Yorkshire 5t Pampas Dr Residential Yorkshire 5t Montmorency 5t Pipestone Dr Residential Yorkshire 5t W End Quince Ct Residential Montmorency 51; E End Stanley Ct Residential N End 5 End Wyandotte Dr Residential Yorkshire 5t Garden Dr Yorkshire 5t Collector Drake Rd Stuart 5t PROSPECT E Prospect Rd Arterial Timberline Rd Poudre Bndge E Prospect Rd Arterial Poudre bridge 5ummit View Dr ' E Prospect Rd Arterial Summit View Dr 5W Frontage Rd E Prospect Rd Arterial 5E Frontage Rd CR5 DRAKE RD E Drake Rd Arterial College Ave Timberline Rd ' E Drake Rd Arterial KR Tracks Environmental Dr Page 14 of 16 II� 201 1 CRACK SEAL and CRACK FILL PROJECT N 999 To Zoos) 9/2G/201 I Revised 1 r1 LI I ROAD CLASS FROM TO GOLDEN MEADOWS Burlington Ct Residential McMurry Ave W End Clayton Ct Residential Ticonderoga Dr N End Hotchkiss Dr Residential McMurry Ave Shenandoah Cr Iva Ct Residential Monte Carlo Or Iva Ct Iva Ct Residential E End W End Manassa Ct Residential Shenandoah Cir W End Monaco PI Residential Monte Carlo Dr N End Monte Carlo Dr Residential McMurry Avenue Wheaton Dr Monte Carlo PI Residential Monte Carlo Dr N End San Remo Cir Residential Monte Carlo Dr N End Shenandoah Cir Residential McMurry Ave McMurry Ave Shiloh Ct Residential Shenandoah Cir 5 End Sumpter Square Residential Ticonderoga Dr (North) Ticonderoga Dr (South) Tewksbury Dr Residential Ticonderoga Dr Shenandoah Cir MILLER 13ROTHER5 Brentwood Dr Residential Prospect Rd Springfield Dr Castlerock Ct Residential Castlerock Dr E End Castlerock Dr Residential Prospect Rd Elizabeth 5t Clearview Av Residential Clearview Ct Taft bill Rd Clearview Ct Residential Clearview Ave N End Cracgmore Dr Residential Clearwew Ave Elizabeth 51; Evergreen Ct Residential Evergreen Dr N End Evergreen Dr Residential Prospect Rd Taft bill Rd Glenmoor Dr Residential Clearview Ave Elizabeth 5t Lake 5t Residential Castlerock Dr Taft Hill Rd Lake 5t Residential Skyline Dr Brentwood Dr Larkspur Ct Residential Larkspur Dr S End Larkspur Dr Residential Prospect Road Castlerock Dr Meadowbrook Dr Residential Clearview Av Elizabeth Street Oakwood Dr Residential Castlerock Dr Springfield Dr Shamrock St Residential Lake 5t Springfield Drive Skyline Dr Residential Clearview Av Elizabeth 5t Skyline Dr Residential Prospect Rd 5prm3field Dr Skyline Dr Residential Springfield Dr (W) 5prmgfield Dr (E) Springfield Dr Residential Taft Hill Rd Bridge BROWN FARM 11 Ayrshire Drive Residential Charolais Drive Rambouillet Drive Berkshire Drive Residential North End South End Charolais Drive Residential Hampshire Road North End Manchester Drive Residential Taft dill Road Berkshire Drive Rambouillet Drive Residential Ayshire Drive North End Page 15 of 16 I Li SECTION 00300 BID FORM PROJECT: 7290 Crack Seal & Fill Project 2011 Place: Date: October 19. 2011 ' 1. In compliance with your Invitation to Bid dated September 27, 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 5% of the bid amount ($17,910.20) 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: Contractor's Bonding and Insurance Company. ' 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. 1 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. 1 through 1. 1 201 1 CRACK SEAL and CRACK PILL PROJECT (1599 r0 2005) 9/2G/201 I Revised 5TKEET ROAD CLA55 FROM TO LOCUST GROVE Berkeley Cir Re5ldentlal Locust Grove Dr W End Gallup Rd Residential Plum 5t N End Green Tree Cir Re5ldential Locust Grove Dr West End Jaerger Ct Residential W End Kimball Rd Kimball Rd Re5ldential Elizabeth 5t Locust Grove Dr Laurel 5t Residential W End Ponderosa Dr Locust Grove Dr Residential 5 End Mulberry 5t Louise Ln Residential Orchard PI Mulberry 5t Myrtle Ct Residential W End Tyler 5t Orchard PI Residential W End Ponderosa Dr Pear Ct Residential Pear 5t E End Pear 5t Residential 5 End N End Plum 5t Residential W End Timber Ln Plum 5t Residential Elizabeth 5t E End Ponderosa Ct Residential E End Ponderosa Dr Ponderosa Dr Residential Elizabeth 5t Mulberry 5t Radcliff Cir Residential Locust Grove Dr W End Rocky Rd Residential Elizabeth 5t N End Timber Ct Residential W End Tyler St Timber Lane Residential Plum 5t Orchard PI Tyler 5t Residential Plum 5t Mulberry 5t Woodvalley Ct Re51dential W End Tyler 51; 2012 REPAIR AREA5 FOX HILL5 Black Fox Ct Residential Red Pox Rd E End Kit Fox Ct Re5ldential Red Fox Rd E End Luther Ln Residential Red Pox Rd Wessex Rd Red Fox Ct Residential Red Pox Rd E End Wessex Rd Residential Luther Ln City Limit west of Idledale Dr PROSPECT E Prospect Rd Arterial 1-25 CR5 HAC OVERLAY Giddings Rd Arterial Richards Lake Rd Turnberry Mountain Vista Dr Arterial Timberlind Rd Turnberry Rd Richards Lake Rd Arterial Giddings Rd 1-25 5 Overland Tr Arterial Park W Mulberry 5t W Trilby Rd Arterial Pvmt Chg West of RR Tracks College Ave MIRAMONT Blue5tem Ct Residential Boardwalk Dr 5 End 5witch6jr355 Ct Residential N End 5 End Meadow Run Or Residential Blue5tem Dr Boardwalk Dr APPLEWOOD Apple Dr Residential N End 5 End Apple Blosom Ln Residential Apple Dr Fossil Creek Dr Fo55il Creek Dr Residential 5 5hield5 5t N End Hilldale Dr Residential Pvmt Chg Apple Dr Fiillview Ct Residential 5cenic Dr E End Jonathan Ct Residential Apple Blossom Ln Fossil Creek Dr Paradise Ln Re51dential N End Fossil Creek Dr Plateau Ct Re5ldential 5cenic Dr 5 End Pleasant Bill Ln Re5ldential Fossil Creek Dr 5 End 5cenic Dr Re5ldential 5 5hie1d5 5t Fossil Creek Dr Page 16 of 16 SECTION 03500 PROJECT MAPS ' The following maps are included: 2011 Crack Seal & Crack Fill Project Maps ' 1. Areas North of Drake Rd 2 Areas South of Drake Rd City of Fort Collins Master Street Plan 1 1 1 �I No Text 1 U ' O L 75 ' L N U � � p U �- O ' � O � � N u ' U Q O N 1 City of City of Fort Collins Fort Collins "47 ® P.-W Fel C., 0 0.5 1 t.5 2 25 3 OO P.w In�nNerya —aheea Nc(e'ONw WIeCn eM Mca'sbeefs not shown wiN be developed in acco'tlance wifM1 aCap'e0 Gry wn;n Tinto suD-ree. cwnear. eM naphbarhoob dens oluro cM Atlopted: March ll, 1981 tinlL dIn GAU 4i1aiei GMA Sbeere and MrW3 Puade o]GMA—s wn]ar canrexrua' purposes ordy and ane nupw o]Me Ame W: February 15.2011 Pnnted: March W. 2011 M.te Sbeel Plan. ' 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 L I 1 1 1 I New Construction Activities for For More Information Name Municipalities Address City, State Description Phone This fact sheet covers new construction activities disturbing less e-mail than one acre not subject to a CDPS Construction permit. New Possible Pollutants construction includes, but is not limited to buildings, structures, capital improvements, roadways, and recreational components Sediment such as trails, restrooms, and other structures. Procedures Chemicals provided are general in nature and can be applied to any scale 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 Construction SOP, August 2007. Mesa Counhj, Municipal Operations and Maintenance Program, July 2005. Page 2 of 2 Street, Curb, and Gutter For More Information i Name Replacement and Address + Construction City, State i Phone Description e-mail E Procedures involving the replacement and Possible Pollutants ! construction of streets, curbs, and gutters have the Fine-grained sediment i potential to impact stormwater quality. Materials Organics involved in these activities should be used efficiently and disposed of properly. Oil Saw -cut slurry When services are contracted, this written procedure Trash should be provided to the contractor so they have the Good Housekeeping proper operational procedures. In addition, the 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 I 1 d I n [J 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. ' Page 2 of 3 8. BID SCHEDULE (Base Bid) City will award on Bid schedule 1 BID SCHEDULE 1 Unit No. Desertpllmt UNt Coutract Lgi�Llt//Price Total' QuanlOy 408.01 NUVO CS. B Crack Sealant(Arterld) LOS 60,000 S �JD :109.02 NUVO CS- B Crack Scaiml (Collector) LOS 30.000 3 ' S C/0 408.03 NUVO CS- DC'rack Sealant RnlAenllN) LOS 90.000 $ / ;-O 640 408.0.1 NOVO OAP. B Crack Filler(Arterial) LOS 20,000 j ^.6(}[� 408.03 NUVO OAP- B Crack Filler(Cadecaor) LOS 7,500 J 08.06 NUVO OAP- B Crack Filler en eildDN) LOS 22,600 --2. (' L/ (p/ �l $ � 630.01 Addtional Variable Meisa eBoard EMDa 40 / / V �/„J S v";o ' y� 000.U"c Addidonal Advance svamina Arrow Baanl F.AfDay 15 (i) $ S % - 630.03, lAildtionalMoRitillaPerwrillel. Hour 40• </ -•� ,i TOTALCOSC /'�,',L'L I/U//!G<(rCG ��/! 'i/�� �`'(�. r r Unllars :wd)vv Cents. ALTERNATE BID SCII EDULE2 ALTERNA IT: DID :SCHEDULE 2 EXCLUDES MLCR SEALANT. AND CRACK FILLER NIA rERIAL .Ifni, No. Unit Descrl Ilmt P Uult Contra" Qnau lily Unit Pdc(e� Core 408'.07 NUVO CS- B Crack Scalant(Alterla➢ LOS 80.000 ,P / 406.09 NUVO CS- D Crack Sealant (Collector) LDS 30,000 i �7 y � S 408.0.9 NUVO CS- B Crack Sealant (ResWenUa➢ LDS 90.000 i 7-3,5( S 408.10 NOVO OAP-O Crack Filler Arterial) LDS '20, 000 i / r7! $ 408.11 NUVO UAP- B Crack FilIer(Call ecror) LOS 7.500 5? 408.12 NUVO OAP- OCrack Filltt flLesWertHrd LOS 22,500 � D s C-/�// ,;ate •�• 630.01 .Add donal Variabl a Mesm¢e Board EA/Day 40 ^� 630.02 Ad6lional Advance Wamina Arrow Board PA/Da, IS S /%�/ 630.03 Addtioaal Fla¢¢in Personnel Hom 40 'C.� 7 S (f7 % 1: - MATERIAL SFIALL BE EXCLUDED FROM ACr ERNATE BID SCHEDULE 2. NIATERIAL SHALT. BF.SUPPLIED BY THE OWNER. c • 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. 11 0 0 u I, n 0 Street, Curb, and Gutter For More Information Name i Maintenance Address I Description City, State Phone Street, curb, and gutter activities include concrete and e-mail i asphalt installation, maintenance, repair, and replacement; bridge maintenance; and painting and Possible Pollutants striping. Procedures involving the maintenance of Fine-grained sediment j 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. iA r • is -"a _. �•..' _. '.:: h :,:�.•:+;4, $f ...X $.�.xS „ _ ✓.eE._� r'.y15 `e Y_,a^X.:i �x':tiA"3kt ..%'� a.':. Y. .p.IGv+ is"F. r.rk,_:1.Sv..,iw'�...pf_J^N I Bridge Maintenance Do not transfer or load any materials directly over waterways. Secure lids and caps on all containers when on bridges. Suspend drop cloths or nets below any bridgework where wastes, scraps, or drips might be spilled into a waterway. Concrete Maintenance Minimize the drift of chemical cure on windy days by using the curing compound sparingly and applying it close to the concrete surface. • Ensure there is a concrete truck washout area available or require the contractor to wash out at the batch plant. • Whenever possible, recycle concrete rubble; otherwise, dispose of it as solid waste. Asphalt Maintenance • Sweep to minimize sand and gravel from new asphalt from getting into storm drains, streets, and creeks. 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: [1 1 1 i • Records of employee training with sign -in sheet. References ' City of Centennial, Department of Public Works: Asphalt and Concrete Program, No Date. City of Centennial, Department of Public Works: Asphalt Program, No Date. PACE, Stormwater Best Management Practices: Street Maintenance, No Date. Optional Additional Resources ' Concrete truck washout BMP specifications. Gravel road maintenance procedures. u u 0 Page 3 of 3 For More Information Name Address City, State Phone e-mail Possible Pollutants Chemicals Toxics Oil Paint Fuel Good Housekeeping Spill Prevention and Response Description Due to the type of work and the materials involved, many activities that occur either at a municipal facility or as part of municipal operations have the potential for accidental spills. Some municipal facilities operate under Spill Prevention Control and Countermeasures (SPCC) plans that include procedures for spill response. Proper spill response planning and preparation enables employees and contractors to effectively respond to problems and minimize the discharge of pollutants to the storm sewer system. Waste Management When services are contracted, this written procedure 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. Spill Reporting • A spill of any chemical, oil, petroleum product, or sewage that enters waters of the state of Colorado (that include surface water, ground water, and dry gullies and storm sewers leading to surface water) must be reported immediately to the Colorado Department of Public Health and Environment. • Release of a substance into a storm drain, or onto a parking lot or roadway as part of a storm sewer leading to surface water, is reportable. However, if the material can be contained and cleaned within the storm sewer system to the degree that a subsequent flow in the storm sewer will not flush the substance to waters of the State, it may not need to be reported. • Contact the appropriate identified response authority within the municipality or other designated representative and be prepared to provide details needed to report the spill to the necessary agencies. • Detailed spill reporting guidance can be found at http:/ /www.cdphe.state.co.us/op/wgcc/Resources/Guidance/spillguidance.pdf and http://www.cdphe.state.co.us/hm/spillsandrefeases.hLm 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 City of Centennial, Department of Public Works: Good Housekeeping, No Date. Cihj of Centennial, Department of Public Works: Materials Managentent, No Date. City of Centennial, Departnent of Public Works: Spill Prevention and Control, No Date. City of Golden, Storntzoater 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. I ' 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. I [1 F 1 1 1 1 L I For More Information Utility and Storm Seder to �7 Name r Address jj System Maintenance City, State I Phone Description e-mail This procedure addresses utility and storm sewer system maintenance. Utilities include power, sanitary sewer, Possible -Pollutants water conveyance systems, and the storm sewer system. Sediment Power includes electrical and gas utilities. Maintenance Nutrients of power may require excavation and reinstallation of Metals lines including open cut trenching or directional boring Hydrocarbons in landscaped areas or street right of way. Electrical and Trash i gas line maintenance ensures services are provided to Good Housekeeping businesses and households without interruption. Waste Management The sanitary sewer system is cleaned as part of routine Employee/Contractor Training maintenance and on an emergency basis. Without proper maintenance, sanitary sewer back-ups and Proper Cleanup and Disposal overflows may occur and can result in potential property Procedures 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 of water that meets State and Federal health standards. Spill Prevention and Response Failures result in water main breaks that can cause Street, Curb, and Gutter property damage including erosion. Replacement and Construction The storm sewer system is cleaned as part of routine Utilities and Storm Sewer maintenance and on an emergency basis in the event of System Replacement and flooding. Maintenance will remove pollutants and Construction ensure the system functions properly to avoid flooding. Vehicle Fueling Flooding, ponding, and uncontrolled sheet flow can result in property damage and increased soil erosion. When services are contracted, this written procedure should be provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the contractor is responsible for abiding by all applicable municipal, state, and federal codes, laws, and regulations. Page 1 of 4 I [1 Procedures General ' . Conduct routine inspection and maintenance on utility and storm sewer systems. Where feasible, schedule maintenance activities during dry weather. Monitor the jet/vacuum truck closely for leaks and use a drip pan as needed. Wash and fuel the jet/vacuum truck per the Heavy Equipment/Vehicle ' Maintenance procedure. Properly dispose of vac truck contents. Stay alert for any signs of illicit discharges. This includes "dry weather" flows or ' pipes or hoses emptying directly into waterways or the storm sewer system. Report any suspicious discharges or dumping to your supervisor. ' Electrical and Gas Utility Maintenance To prevent sediment, mud and particles generated by power utility maintenance from entering the stormwater system implement inlet protection, perimeter control, street sweeping, vehicle tracking control, stockpile management and material management BMPs. Restore landscaped or hardscaped areas promptly. Potable Water Line Flushing Remove any debris from the gutter that could wash away with the water. If possible, sweep the flow line before flushing the line. Direct the water so that it is not flowing over exposed soil areas in order to minimize erosion. Water Line Breaks Contain spoils by building berms or installing rock socks around the area of disturbance. Dewater the excavation by using a vac truck. • Discharge high chlorine water to the sanitary sewer via the nearest manhole, to a water truck, through a dechlorinating diffuser, or other method of dechlorination. • Remove sediment from the street, curb, gutter and storm inlets as needed immediately following the repair. • Where needed, install a temporary patch or repave as soon as practicable following the repair. • If necessary, revegetate areas as soon as practicable following the repair. Sanitary Sewer Backup Clear line stoppage to prevent backup into house basements and manhole overflows. Page 2 of 4 I I 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. 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: CONV�ACTOR BY: Printed Date J , 14,L Title License Number (If Applicable) (See)g d P/01102oration) ' Attest'. : J, Address *-...SEAL.1 C ....... ***00 Telephone Email I I I 1 Contain overflows by using emergency generator, pump and/or a vac truck to intercept flows. It may be necessary to construct additional containment. • Clean up spills by washing and vacuuming the affected areas. Lime may need to be applied for disinfection of affected areas. Lime must be removed once disinfection is complete. Storm Sewer System Pipes, Catch Basins, Inlet and Outlet Structures, and Culverts • Clean storm sewer system by manual cleaning or jetting the pipes using a jet/vacuum truck to remove the material. Do not temporarily store collected storm system cleaning debris adjacent to any surface water, storm drain inlet, or drainageway. Storm sewer system maintenance wastes may be either non -hazardous or hazardous. Solid non -hazardous waste may be disposed in a sanitary landfill or recycled. Liquid non -hazardous waste must be evaporated before disposing of it into the landfill or discharged to the sanitary sewer system with the approval of the local wastewater treatment plant. Hazardous waste, as defined under Colorado Hazardous Waste Regulations (6 CCR 1007-3), must be transported and disposed of at a permitted disposal or treatment facility. Replace or maintain "no dumping" stencils or plaques as necessary. Remove trash from trash racks and grated openings. Detention and Retention Ponds Inspect the outlet works and remove trash or vegetation from the trash racks and grates. Inspect side slopes of the pond for erosion and reestablish vegetation as needed. • Remove and service fountains and aerator motors as recommended. Report any suspected water quality problems such as a change in growth or appearance of vegetation. • Report excessive sediment accumulation, standing water beyond the designed drain down time or damage requiring additional maintenance. Drainageways Drainageways include drainage channels, ditches, grass swales, and washes. • Inspect drainageways for erosion and repair if necessary. Remove and properly dispose of trash and debris from the drainageways. Remove sediment which could impede flow in drainageways. Leave an unmown buffer when mowing adjacent to drainageways to filter pollutants. Do not leave grass clippings in or next to the drainageway. Do not apply landscape chemicals in the buffer area. Page 3 of 4 I I I 1 1 [1 Employee Training • Train applicable employees who perform utility and storm sewer system activities on this written procedure. Information regarding how to avoid and report spills will be presented during the training. Periodically conduct refresher training on the SOP for applicable employees who perform utility and storm sewer system activities. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Detention Pond Maintenance SOP, August 2007. City of Centennial SOP: Inlet, Pipe, and Vault Cleaning and Disposal SOP, August 2007. Cihj of Centennial SOP: Drainageway Maintenance SOP, August 2007. City of Golden Stormwater Drainage Maintenance Plan, February 2008. Cihj 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. Cihj 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 Utility and Storm Sewer For More Information Name System Replacement and Address Construction City, State I Phone e-mail Description � This procedure covers utility and storm sewer system Possible Pollutants j replacement and construction. Utilities include power, Sediment 4 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 f 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 1 • Applicable sediment and erosion controls may be installed, such as inlet protection, silt fence, sediment traps, sediment control logs, check dams and vehicle tracking control. Sediment and erosion controls will be installed and maintained in accordance with approved design criteria and / or industry standards. • When saw cutting, ensure that no slurry enters the storm drain. Let the slurry dry, sweep it up, and properly dispose of the sweepings or vacuum while saw cutting. • Where feasible, grading activities will be scheduled during dry weather. • Do not perform concrete or asphalt paving work during wet conditions whenever possible. • Monitor construction equipment for leaks and use drip pans as necessary. • Leaking material containers should be properly discarded and replaced. ' • Store materials in containers under cover when not in use and away from any storm drain inlet. • Wash out mixers, delivery trucks, or other equipment in the designated concrete washout area only. Locate concrete washout, portable toilets, and material storage away from storm drain inlets. Material stockpiles will not be stored in stormwater flow lines. Temporary sediment control will be used during temporary, short-term placement while work is actively occurring. • Sweep or vacuum the roadway as needed, during construction and once construction is complete. Best management practices will be periodically inspected and maintained as necessary. Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response procedures. Emergency Repair and Replacement Emergency Discharges are defined as situations in which it is not possible to implement all of the available BMPs due to the uncontrolled nature of the discharge. The primary focus during these events is to identify and mitigate the cause as soon as possible. Clean up of resulting sediment or other pollutants will be performed as soon as practicable following the emergency. Refer to the Spill Prevention and Response procedure for reporting requirements. Page 2 of 3 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 Storniwater 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 Procednre: Manhole Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Potable Line Flushing, March 2009. City of Lafayette Standard Operating Procedure: Sanitary sezuer Backup, March 2009. City of Lafayette Standard Operating Procedure: Waterline Breaks, March 2009. Mesa County, Municipal Operations and Maintenance Program, July 2005. Partners for a Clean Environment, Storm Drain Maintenance, No date. Page 3 of 3 1 1 1 1 1 1 1 1 1 City of Fort Collins Regulatory and Government Affairs Division City of F6rtCollins _�1 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 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. it 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: Page 2 of 3 10/19/2009 I I I I I 1 I City of Fort Collins Regulatory and Government Affairs Division FCity of `rtCollins `�� Verification Originator Revised Approved Issued Initials Date LR Oct.09 ss 10/19/09 Environmental Standard Operating Procedure (ESOP) ESOP —Power Washing (Pressure Washing) wastewater please contact the industrial pretreatment office at 221-6938. Disposal into the City's wastewater treatment system may be done either by discharging directly to an inside drain, or by pump truck at the Drake wastewater treatment facility. Disposing by pump truck requires a waste hauler's permit, and a 5 cent/gallon fee will be charged. For fee information, or to obtain a permit, contact the industrial pretreatment office at 221-6938. F. Truck the waste to a different waste disposal facility. 3.4 Once wastewater has been collected, visible solids remaining in the collection area must be swept up to prevent future discharges to the storm drain. 3.5 A sewer manhole cover may not be removed for disposal to the wastewater system. 3.6 If you are working in an area that is serviced by a neighboring wastewater district, such as South Fort Collins Sanitation or Boxelder, it is necessary to contact that district's industrial pretreatment coordinator before discharging to their system. 4.0 Training Requirements 4.1 The training requirement associated with this procedure is knowledge of the proper management of power washing wastewater. 5.0 References / Related Documents 5.1 http://www.cdphe.state.co.us/wq/PermitsUnit/PolicyandGuidance/powerwash.pdf 5.2 I:\RGA division\Illicit Discharge Program\Complaint Calls\pressure washinq\City power washing quidance.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 - Vehicle Fueling Name Description Address 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 pollution. e-mail When services are contracted, this written procedure should be Possible Pollutants j provided to the contractor so they have the proper operational Metals procedures. In addition, the contract should specify that the Hydrocarbons contractor is responsible for abiding by all applicable municipal, Toxins state and federal codes, laws, and regulations. Good Housekeeping 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 All fuel tanks will be inspected per State and Federal Related Procedures regulations. Heavy EquipmenWehicle 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 I ' 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. 1 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. i• 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, 2003. USEPA Menu of BMPs: Municipal Vehicle Fueling, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed June 18, 2009. Page 2 of 3 r City Of Fort Collins Ile Ikft. Purchasing ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 7290: Crack Seal & Fill Project 2011 OPENING DATE: 3:00 PM (Our Clock) October 19, 2011 Financial Services Purchasing Division 215 N. Mason St. 2n° Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 /cgov. corn/purchasing To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed in the following sections of this addendum: 1. The Contractor shall be required to use a hot compressed air lance for all crack seal and crack fill installation per Section 408 Crack Sealant and Crack Filler, Subsection 408.03 Construction Requirements, second paragraph, "Crack widths of 1/8" or larger shall be thoroughly cleaned using a hot compressed air lance to a depth of approximately twice the crack width". 2. The Contractor shall be required to install and remove temporary pavement markings for lane lines when crack seal and crack fill installation has covered existing striping per Section 627 Pavement Marking, Subsection 627.10 Pavement Marking Tape. Permanent pavement marking shall be installed by The City of Fort Collins. 3. Section 630 Construction Zone Traffic Control, Subsection 630.15, Method of Measurement, paragraph one (1) shall include the following: A Traffic Control Plan shall be submitted for each Arterial and each Collector street scheduled for crack seal and crack fill installation. Each residential area shall have one new, typical Traffic Control Plan submitted and approved for the area. If changes to the typical Traffic Control Plan for the area are necessary, a re -submittal for the area shall be provided for approval. Please contact John Stephen, CPPO, LEED AP, Senior Buyer, at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST STATEMENT ENCLOSED WITH THE ADDENDUM HAS BEEN RECEIVED. BE ACKNOWLEDGED BY A WRITTEN BID/QUOTE STATING THAT THIS Addendum 1 — 7290 Crack Seal & Fill Project 2011 1 Page 1 of 1 1 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors 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 I t 1 I i•For More Information Name Address i City, State 'Phone e-mail Possible Pollutants Metals Toxins Solvents (degreasers, paint ' thinners, etc.) i Antifreeze I Brake fluid and brake pad dust Battery acid Motor oil ' Fuel (gasoline, diesel, kerosene) Lubricating grease Good Housekeeping ' Drip pans Tarps Covered outdoor storage areas Secondary containment Proper disposal of used fluids ' Spill cleanup materials Dry cleanup methods Employee training Related Procedures Heavy Equipment and Vehicle Maintenance ' Material Storage Spill Prevention and Response IVehicle Fueling 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. When services are contracted, this written procedure should be provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the contractor is responsible for abiding by all applicable municipal, state, and federal codes, laws, and regulations. Procedures 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 mill 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 7 Do not wash or hose down the storage area except in areas where the wash water will only enter the sanitary sewer drain as an approved discharge. Use dry clean-up methods as often as possible. Keep lids on waste barrels and containers, and store them indoors or under cover to reduce exposure to rain. ' . Periodically inspect and maintain all pretreatment equipment, including sumps, separators, and grease traps to ensure proper functioning. ' Parts Cleaning Use designated areas for engine, parts, or radiator cleaning. Do not wash or rinse parts outdoors. If parts cleaning equipment is not available, use drip pans or other containment to capture parts cleaning fluids. Use steam cleaning or pressure washing of parts whenever possible instead of solvent cleaning.' ' . When steam cleaning or pressure washing is used, only discharge wastewater to an oil/water separator connected to the sanitary sewer. ' . When using solvents, rinse and drain parts over the designated solvent tank so that fluids will not drip or spill onto the floor. Use drip boards or pans to catch excess solutions and divert them back to the tank. Allow parts to dry over the hot tank. Recycle cleaning solution when it becomes too dirty to use. Never discharge cleaning waste to the storm or sanitary sewer systems. ' Vehicle and Equipment Washing Vehicles should be washed, whenever possible, in the municipality's vehicle and equipment wash area/bay or taken to a commercial car wash. I 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. Stornavater Protection: Vehicle Repair. Spring 2009. USEPA Menu of BMP: Municipal Vehicle and Equipment Maintenance, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009. USEPA Menu of BMP: Municipal Vehicle and Equipment Washing, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009. Optional Additional Resources Municipal codes and ordinances that relate to 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 I For More Information Name .. Address City, State Phone ' e-mail Possible Pollutants ' Metals Toxins 11 H 1 I 1 r 1 Solvents (degreasers, paint thinners, etc.) Antifreeze Brake fluid and brake pad dust Battery acid l Motor oil Fuel (gasoline, diesel, kerosene) ' Lubricating grease Good Housekeeping Drip pans Tarps Covered outdoor storage areas Secondary containment Proper disposal of used fluids Spill cleanup materials Dry cleanup methods Employee training Related Procedures Material Storage Outdoor Fleet Maintenance Spill Prevention and Response Street Sweeper Cleaning and Waste Vehicle Fueling Vehicle Washing Heavy Equipment and Vehicle Maintenance Description Regular -maintenance of municipal vehicles and equipment, or municipality -contracted vehicles and equipment prolongs the life of the municipality's assets and prevents the leaking of hazardous fluids commonly associated with normal wear and tear of vehicles and equipment. Potential pollutants generated at vehicle maintenance facilities include oil, antifreeze, brake fluid and cleaner, solvents, batteries and fuels. When services are contracted, this written procedure should be provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the contractor is responsible for abiding by all applicable municipal, state, and federal codes, laws, and regulations. Procedures Maintenance activities should be performed inside a maintenance building unless the equipment is too large to fit inside or temporary repairs need to be made before the equipment can be moved to the maintenance building. Consult the Outdoor Fleet Maintenance procedure when it is necessary to perform repairs outside of the facility (breakdowns, service calls, etc.). Vehicle Storage Monitor vehicles and equipment closely for leaks and use drip pans as needed until repairs can be performed. When drip pans are used, check frequently to avoid overtopping and properly dispose of fluids. Drain fluids from leaking or wrecked vehicles and from motor parts as soon as possible. Dispose of fluids properly. Pagel of 4 Vehicle Maintenance Conduct routine inspections of heavy equipment and vehicles to proactively identify potential maintenance needs. Perform routine preventive maintenance to ensure heavy equipment and vehicles are operating optimally. Recycle or dispose of all wastes properly and promptly. Do not dump any liquids or other materials outside, especially near or in storm drains or ditches. Sweep and pick up trash and debris as needed. Body Repair and Painting Whenever possible, conduct all body repair and painting work indoors. Use dry cleanup methods such as vacuuming or sweeping to clean up all metal filings, dust, and paint chips from grinding, shaving, and sanding, and dispose of the waste properly. Debris from wet sanding can be allowed to dry overnight on the shop floor, then swept or vacuumed. Never discharge these wastes to the storm or sanitary sewer system. Minimize waste from paints and thinners by carefully calculating paint needs based on surface area and using the proper sprayer cup size. Do not use water to control over -spray or dust in the paint booth unless this wastewater is collected. This water should be treated and permission granted by the wastewater treatment plant prior to discharge into the sanitary sewer system. • Do not dispose of spray gun cleaner waste in the storm drain. • Use sanding tools equipped with vacuum capability (if available) to pick up debris and dust. Material Management Store maintenance materials and waste containers (e.g., used oil and antifreeze) in labeled containers under cover or in secondary containment (e.g., double -walled tanks). Chemicals should not be combined in containers. All hazardous wastes must be labeled and stored according to hazardous waste regulations. Carefully transfer fluids from collection devices to designated storage areas as soon as possible. Do not store the transferred fluids adjacent to the containers (for example, oil drip pans with used oil in them should not be placed next to the used oil tank). Store new batteries securely to avoid breakage and acid spills. • Store used batteries indoors or in secondary containment to contain potential leaks. Recycle used batteries. • Conduct periodic inspections of storage areas to detect possible leaks. Page 2 of 4 I ' Do not wash or hose down storage areas except where wash water will enter the sanitary sewer as an approved discharge. Use dry clean-up methods whenever possible. ' Keep lids on waste barrels and containers, and store them indoors or under cover to reduce exposure to rain. Periodically inspect and maintain all pretreatment equipment, including sumps, ' separators, and grease traps to ensure proper functioning. Parts Cleaning ' . Use designated areas for engine, parts, or radiator cleaning. Do not wash or rinse parts outdoors. If parts cleaning equipment is not available, use drip pans or other containment to capture parts cleaning fluids. ' . Use steam cleaning or pressure washing of parts whenever possible instead of solvent cleaning. ' . When steam cleaning or pressure washing, only discharge wastewater to an oil/water separator connected to the sanitary sewer. • When using solvents to clean parts, rinse and drain parts over the designated solvent tank so that fluids will not drip or spill onto the floor. Use drip boards or pans to catch excess solutions and divert them back to the tank. Allow parts to dry over the hot tank. • Recycle cleaning solution when it becomes too dirty to use. Never discharge cleaning ' waste to the sanitary sewer or storm sewer. Vehicle and Equipment Washing t . Vehicles should be washed in the municipality's vehicle and equipment wash area/ or taken to a commercial car wash. ' Employee Training • Train applicable employees who perform heavy equipment and vehicle maintenance on this written procedure. Information regarding how to avoid and report spills will be presented ' during the training. Periodically conduct refresher training on the SOP for applicable employees who perform heavy equipment and vehicle maintenance. ' Records The following records could be used to document activities performed: ' • Record of any major spills and the action taken. • Records of employee training with sign -in sheet. • Heavy equipment and vehicle maintenance logs 1 I References Center for Watershed Protection, Municipal Pollution Prevention/Good Honsekeeping 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. Storrnwater Protection: Vehicle Repair. Spring 2009. USEPA Menu of BMP: Municipal Vehicle and Equipment Maintenance, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009. USEPA Menu of BMP: Municipal Vehicle and Equipment Washing, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009. Optional Additional Resources Municipal codes and ordinances that relate to vehicle and equipment maintenance. Chemical purchasing policies. Loading and unloading bulk materials. Guidelines for staff to dedicate a percentage of their time to vehicle and equipment maintenance. Specific directions on how to use the municipality's vehicle wash area. Spill Prevention Control and Countermeasures Plan. Page 4 of 4 i SECTION 00410 BID BOND KNO`N ALL MEN BY THESE PR\ESENTS: that we; the undersignei Vogel concrete, Inc. as Principal, anal as Surety, are hereby helal anal firmly boU114 unto the City of Fort Collins. Colorado: as OWNER, in the sum of S for the payment of which; well and truly to be made, we hereby jointly and severally binal ourselves, successors. and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitteo 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,?290, Crack Seal and Fill Project, 2011 NOW THEREFORE, (a) If said Bic! small be rejected. or (b) If said Bid shall be accepted and the Principal shall execute and deliver a ' Contract in the fornr of Contract attacheal hereto (properly completed in accordance with said Bid) and sha!I 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 sarne shall remain in force and effect, it being expressly undersloei 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 O+.VNER may accept Sur_h Bid: anal 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 acceptea by the OWNER. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands anal seals this day of October 19 20 11 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 Name: Vogel concrete, Inc. Address: 6330 S. College Ave. ATTEST: CORPORATE Z .SEAL/ �.���oaaa°%`� SURETY Contractors Bonding and Insurance Company Box 9271 SEattle WA 881/09-0271 By: [mot A&kerlj Title: Attorney in fact ' ��g Contractors Bonding and Insurance Company Cic P.O.r.o. valley Street Box 9271 .. AU C.m.... Seattle, WA 98109-0271 1 Know All Men by These Presents: POWER OF ATTORNEY Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That Contractors Bonding and Insurance Company, a Washington corporation, does hereby make, constitute and appoint: W.R. Withrow. Tyler Withrow, Megan A. Brown. jointly or severally, in the City of Denver. , State of Colorado its true and lawfiil Agent and Attorney in Fact, with fill power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed 'Ten Million and 00/100 Dollars ( $10.000.000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The Contractors Bonding and Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of Contractors Bonding and Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, the Contractors Bonding and Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 20th day of June 2011 11i^�Itr,l�11� t..l I I ' State of Washington l } SS County of King J Bonding and Insurance Company T W\ CERTIFICATE On this 20th day of June 1 2014, . , I, the undersigned officer of Contractors Bonding and Insurance before me, a Notary Public, personally appeared _$4V C. Die , who Company, a stock corporation of the State of Washington, do hereby being by me duly swom, acknowledged that he signed the above Power of certify that the attached Power of Attorney is in full force and effect Attorney as the aforesaid officer of the Contractors Bonding and and is irrevocable; and fi rthermore, that the Resolution of the Insurance Company and acknowledged said instrument to be the voluntary Company as set forth in the Power of Attorney, is now in force. In act and deed of said corporation. testimony whereof, I have hereunto set my hand and t4e4.na! of the of�rpco rs BonTM ind Insurance Company this day L LLIJ� Joseph B. Xulber Notary Public NOUry PuAllr State ngton JOSEPH B. MULLER DOSE of 13. MULLER MY COMMISSION EXPIRES March 29. 2012 -------------- Contractors Bonding and Insurance Company Roy C. Die Vice President 057557803z9/z A0059511 Contractors Bonding and Insurance Company KNOW ALL MEN BY THESE PRESENTS, that we Vogel Concrete, Inc. as Principal, hereinafter called the Principal, and Contractors Bonding and Insurance Company a corporation duly organized under the laws of the State of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto City of Fort Collins as Obligee, hereinafter called the Obligee, in the sum of five percent of amount bid (5%) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Fort Collins Project 7290 Crack Seal and Fill Project 2011 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and, for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount specified in said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 19"' day of October, 2011. (witness) Vogel Concrete, Inc. By: Contractors Bonding and Insurance Cayyg� ''rr -do�:'QOR,gTCFrrr� By: (/yl�l�C/�L2� o�c v ^t Bid Bond 'Oonforms to AIA Document A-310 (100) c T "`A StIiVG I 1 I 1 1 1 I Contractors Bonding and Insurance Company 1213 valley Street P.O. Box 9271 .n all Cory,n) Startle, WA 98109-0271 Know All Men by These Presents: POWER OF ATTORNEY Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That Contractors Bonding and Insurance Company, a Washington corporation, does hereby snake, constitute and appoint: W.R. Withrow. Tyler Withrow, Megan A. Brown, jointly of severally. in.the City of Denver . State of Colorado its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million and 00/100 Dollars ( $10,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attomey in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The Contractors Bonding and Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of Contractors Bonding and Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, the Contractors Bonding and Insurance Company has caused these presents to be executed by its Vice PreaikuL with its corporate seal affixed this 20th day of June 2011 uu....i.,', O` NO AND qg/, . t ,•`Pao"` �P�'%, _'Contractors Bonding and Insurance Company ppPOq� j •, SEAL State of Washington a ••• 1979 SS County of King On this 20th day of June 2011 before me, a Notary Public, personally appeared Roy-C. Die who being by me duly swom, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. Joseph B. 1 ullcr Notary Public No=2012 JOSEstate JOSEP ' MY COMM Ma Rby,C. Die Vied President CERTIFICATE 1, the undersigned officer of Contractors Bonding and Insurance Company, a stock corporation of the State of Washington, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and thg e6-of the Contractors Bondin and Insurance Company this I �ul. day of October _ 2�11 . Contractors Bonding and Insurance Company Roy C. Die Vice President 05755790329r2 A0059511 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: V,67 JL 2. Permanent main office address: / j.3'[S Co/%iC' %i//C. rr.j- E� 3. When organized: 4. If a corporation, where incorporated: /' irci.c/,--5 5. How many years have you been engaged in the contracting business under your present firm or trade name? D 3 ✓-S V Contracts on hand: (Schedule these, showing the amount of each contract and rL V J 10. the appropriate anticipated dates of completion.) 1/.jYS.. 9,0Q �'� �/ �/f�: r.. Z�Go✓.... .�-'...,,., ems: :ev:'..."...Y"5 ra O t General character of Work performed by your company u Have you ever failed to complete any Work awarded to you? , 424e -e If so, where and why? Have you ever defaulted on a contract? If so, where and why? Are you debarred by any government agency? (UCH If yes list agency name. 11 ' !1 1. 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. / /J i 1 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: b2`f�<= w�c�uJI-1,C ' 17. Will you, upon request, fill out a detailed financial statement and furnish any other S information that may be required by the OWNER? __ 18. Are you licensed as a General Contractor? IV6 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?? ?O °: ' And to whom? �Gcc: /, <�� / C �, c.' C c, P" 20. Are any lawsuits sending against you Oryour firm a\this time? IF yes, DETAIL 21. What are the limits of Xour publicliability? DETAIL2- What company? u 22. What are your company's bonding limitations? 23. The undersigned hereby authorizes and nGqUeSto any person, [inn or corporation to furnish any inf0nnmUOn 03quentrd by the OWNER in verification Of the recital comprising this Statement o[Bidder's Qualifications. Dated at this day of. . 20 /( Name 0[Bidder State of County of heingduly sworn deposes and says that he is of and that (name oforganization) the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me thi, Notary Public K8ycommission expires: (S MATTHEmSARSER �° MvCOMMISSION EXPIRES: May on,uo^5 � 1 t 1 1 1 Sf_t' ION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract. ITEM SUBCONTRACTOR I I t t t 1 CONTRACT DOCUMENTS TABLE OF CONTENTS BID INFORMATION 00020 Notice Inviting Bids 00100 Instruction to Bidders 00300 Bid Form 00400 Supplements to Bid Forms 00410 Bid Bond 00420 Statements of Bidders Qualifications 00430 Schedule of Major Subcontractors CONTRACT DOCUMENTS 00500 Agreement Forms 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed 00600 Bonds and Certificates 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (Contractor) 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate CONDITIONS OF THE CONTRACT 00700 General Conditions Exhibit GC -A GC -All - GC-A2 00800 Supplementary Conditions 00900 Addenda, Modifications, and Payment 00950 Contract Change Order 00960 Application for Payment SPECIFICATIONS SOILS REPORT Section Pages 00020-1 - 00020-2 00100-1 - 00100-9 00300-1 - 00300-3 00400-1 00410-1 - 00410-2 00420-1 - 00420-3 00430-1 00500-1 00510-0 00520-1 - 00520-6 00530-1 00600-1 00610-1 - 00610-2 00615-1 - 00615-2 00630-1 00635-1 00640-1 00650-1 - 00650-2 00670-1 - 00670-2 00700-1 - 00700-34 00800-1 - 00800-2 00900-1 00950-1 - 00950-2 00960-1 - 00960-4 I i I 1 1 1 AGREEMENTFORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed 11 I SECTION 00510 NOTICE OF AWARD DATE: December 12, 2011 TO: Vogel Concrete Inc. PROJECT: 7290 Crack Seal & Fill Project 2011 OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated October 19, 2011 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 7290 Crack Seal & Fill Project 2011. The City is accepting Bid Schedule 1 only. The Price of your Agreement is Three Hundred fifty -Eight Thousand Two Hundred Fifty - Nine Dollars and Twenty Cents ($358,259.20). There was a $.20 discrepancy on item 630.03 and an addition error on the total cost of $50.00 for an increase of Fifty Dollars and Twenty Cents ($50.20). 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 December 29, 2011. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. City of Fort Collins OWNE By < Ja` a B. O'Neill, II, CPPO, FNIGP Di r of Purchasing & Risk Management I 1 C] SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 12t" day of December in the year of 2011 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Vogel Concrete Inc. (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 7290 Crack Seal & Fill Project 2011 and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by City of Fort Collins Streets Department, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES ' 3.1 This is a one year agreement but, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Pricing changes shall be negotiated by and agreed to by both ' parties and may use the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office as a guide. 3.2 The Work shall be Substantially Complete within ninety (90) calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within five (5) calendar days after the date when the Contract Times commence to run. 3.3 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus ' any extensions thereof allowed in accordance with Article 12 of the General Conditions. I ' 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 ninety (90) calendar day ' period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: ' After Substantial Completion, Five Hundred Dollars ($500.00) for each calendar day or fraction thereof that expires after the 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: Three Hundred Fifty -Eight Thousand Two Hundred Fifty -Nine Dollars and Twenty Cents ' ($358,259.20) 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, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, 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. If, in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and progress I 1 of the Work have been satisfactory to OWNER and ENGINEER, OWNER 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. 95% 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, if necessary, 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 I� 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: ' None 1 1 1 1 1 The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 1, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. OWNER: CITY OF FORT COLLINS By: OP J C- U- 'L JA4Ej B. O'NEILL II, CPPO, FNIGP DIR TOR OF PURCHASING AND RISK MANAGEMENT Attest: C� City Clerk l• Address for giving notices: P. O. Box 580 COIOC' Fort Collins, CO 80522 p Approve as t / rm As is nt C y Attorney Xs ►Prllrc�411110 1 Title: Attest: Address fpr giving notices: "30 S. 64119.� L _ License No.: Inc. I Q SECTION 00530 NOTICE TO PROCEED Description of Work: 7290 Crack Seal & Fill Project 2011 To: Vogel Concrete Inc. This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within () calendar days from receipt of this notice as required by the Agreement. Dated this day of , 20 The dates for Substantial Completion and Final Acceptance shall be 20_ and , 20, respectively. City of Fort Collins OWNER 1 By:_ Title: 1 ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this _day of , 20_ CONTRACTOR: Vogel Concrete Inc. By: Title: Ll i 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 [1 1 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate 1 SECTION 00020 INVITATION TO BID 1 1 SECTION 00610 PERFORMANCE BOND 1 Bond No. KA5038 KNOW ALL MEN BY THESE PRESENTS: that 1 Vogel Concrete Inc. 6330 S. College Ave., Fort Collins, CO 80525 (a Corporation), hereinafter referred to as the "Principal" and 1 Contractors Bonding and Insurance Company (Firm)PO Box 9271, Seattle,WA, 98109 (Address). 1 hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins 300 Laporte Ave Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of Three Hundred fifty -Eight Thousand Two Hundred Fift 1 Nine Dollars and Twenty Cents ($358.259.20)in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. 1 THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 12th day of December, 2011, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 1 7290 Crack Seal & Fill Project 2011. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the 1 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 1 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 1 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 1 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 1 Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR 1 shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. 1 1 i 1 1 IJ 1 1 1 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 21 st day of December , 2011 IN RESENCE OF: � i r (Tim) CORPORATE' (aMporate Mr REAL:` 1 IN PR 1 1 i 1 IN PRESENCE OF: 1 (Surety Sea]) II, L 1 i 1 1 Principal Vogel Concrete Inc. ram„ ter. (Title) 6330 S. College Ave. Fort Collins, CO 80525 (Address) Other Partners M1 M Surety Contractors Bonding d Insurance Company By: 1 Y l 0 �/IX�-VI A (� Vim' PO Box 9271( ,\\\\„' WA 8109 _'�SURA;yC�� (Address) r _ oFArF'',°yam Q 9 i 4z O Alf U - Z �C�� h NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 11 I. I ' SECTION 00615 PAYMENT BOND ' Bond No. KA5038 KNOW ALL MEN BY THESE PRESENTS: that ' Vogel Concrete Inc. 6330 S. College Ave., Fort Collins, CO 80525 (a Corporation), hereinafter referred to as the 'Principal' and ' (Firm) Contractors Bonding and Insurance Company (Address)Po Box 9271, Seattle, WA 98109 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 Three Hundred fifty -Eight Thousand Two Hundred ' Fifty -Nine Dollars and Twenty Cents ($358 259.20) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. ' THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 12th day of December, 2011, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, t7290 Crack Seal & Fill Project 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 t 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. I 1 1 1] 1 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 21 st day of December 20 11 NCE OF: (Titff) i CORPORAr % (CorBora?eS t)AL. 040RAo°•�`� IN PRESEN�00 Principal Vogel C;QQncrete Inc. (Title) , 6330 S. College Ave. Fort Collins, CO 80525 (Address) Other Partners ' By: By: INPRESE//NN�CIE OF: Surety Contractors By: PO Box 927 Seattle WAJ98109 (Address) ' (Surety Seal) 1 NOTE: Date of Bond must not be prior to date of Agreement. ' If CONTRACTOR is Partnership, all partners should execute Bond. t 1 and Insurance Company pAD 0 R'q Ca - ° O cbic Contractors Bonding and Insurance Company 1213 1213 Valley Street ' a nuo,nea..r P.O. Box 9271 Seattle, WA 98109-0271 1 Know All Men by These Presents: 1 1 1 1 POWER OF ATTORNEY Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That Contractors Bonding and Insurance Company, a Washington corporation, does hereby make, constitute and appoint: W R Withrow. Tyler Withrow Meean A Brown jointly or severally, in the City of Denver , State of Colorado its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million and 00/100 Dollars ( 510,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The Contractors Bonding and Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of Contractors Bonding and Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, the Contractors Bonding and Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 20th day of June 2011 �noix.....,, Contractors Bonding and Insurance Company �: GOPPGp�ra' =a• SEAL :$_ State of Washington ) = ° •. 1979 Roy C. Die Vice President )} SS ' wa3NIXG<G� County of King �IIo CERTIFICATE On this 20th day of June 2011 before me, a Notary Public, personally appeared Roy C. Die , who being by me duly swom, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. 1 avu4_ Joseph B. DoCller Notary Public ' Notary Public State of Washington JOSEPH B. MULLER MY COMMISSION EXPIRES March 29, 2012 I, the undersigned officer of Contractors Bonding and Insurance Company, a stock corporation of the State of Washington, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attomey, is now in force. In testimony whereof, I have hereunto set my hand and tk{ seal of the Of nnttrectocs Bondipg,jgd Insurance Company this `� Sr day Contractors Bonding and Insurance Company Roy C. Die Vice President 0575578032912 A0059511 I 1 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 1 OP 10: KH �1 CERTIFICATE OF LIABILITY INSURANCE °"T06/06/13113/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER 970-635-9400 PFS Insurance Group -JT 4848 Thompson Pkwy, Ste 200 970.635.9401 'Johnstown, CO 80534 'Tad Borrett CONTACT NAME: ' PHONE FA plc o E#: AIC No: ADDAIL RESS: PRODUCER VOGEL-1 CUSTOMER ID M INSURERS AFFORDING COVERAGE I NAIC0 INSURED Vogel Concrete, Inc. 6330 S College Ave Fort Collins, CO 80525-4044 INSURERA: Pinnacol Assurance 41190 INSURERB:Auto-Owners Insurance CO. 18988 INSURERC: Travelers Companies INSURERO_ INSURER E INSURER F: ATP MI IMRPP- I:I�Y�f8Le7�82tp 1TL�E ' VVVS THIS INDICATED, CERTIFICATE EXCLUSIONS INSR LTR POLICIES IS TO CERTIFY THAT THE POLICIES IS TO NOTWITHSTANDING ANY REQUIREMENT, MAY BE ISSUED OR MAY AND CONDITIONS OF SUCH I TYPE OF INSURANCE GENERAL LIABILITY • INSURANCE OF INSURANCE PERTAIN, POLICIES. A SUB .. LISTED BELOW HAVE BEEN TERM OR CONDITION OF ANY THE INSURANCE AFFORDED BY LIMITS SHOWN MAY HAVE BEEN POLICY NUMBER ISSUED TO CONTRACT THE POLICIES REDUCED BY MMIOCDIYYYY THE INSURED OR OTHER DESCRIBED PAID CLAIMS. MMIOOIYYYY NAMED ABOVE FOR THE DOCUMENT WITH RESPECT HEREIN IS SUBJECT TO LIMITS EACH OCCURRENCE POLICY PERIOD TO WHICH THIS ALL THE TERMS, (S 1.000,00 PREMISE Ea xcurrenca $ 300,00 B X COMMERCIALGENERALLIABILnY 14/0/117 01/17/11 01J17112 MED EXP(AAr one person) $ 10,00 CLAIMS,MADE I A I OCCUR PERSONAL &ADV INJURY $ 1,000,00 ' X bink addl ins GENERAL AGGREGATE S 2,000,00 ' GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO- LOG PRODUCTS - COMP/OP AGO S 2,000,00 S B AUTOMOBILE LIABILITY X ANY AUTO 470/905200 01/11/11 01/17/12 COMBINED SINGLE LIMIT (Ea accident) S 1,000,00 o BODILY INJURY peon) S ALL OWNED AUTOS BODILY INJURY (Per axiderl) S ' SCHEDULED AUTOS X HIRED AUTOS 1 PROPERTY DAMAGE (Per accudent) $ I S X NON-0WNED AUTOS $ UMBRELLA UAB (OCCUR H ' EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAI..ADE DEDUCTIBLE S $ ' RETENTION S WORKERS COMPENSATION X WC5TATU- OTH- A pNp EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIFXECUTIVE Y❑ IN 4102132 07/01/11 07/01/12 E.L. EACH ACCIDENT S 100,00 ~` OFFICERIMEMBER EXCLUDED' (M.md.1cry In NMI NIA - -'-' '"' "' - `— - - ""G' E.L. DISEASE - EA EMPLOYE '$-- 100,00 E.L. DISEASE -POLICY LIMIT S 500,00 If yes, describe under DESCRIPTION DF OPERATIONS below I C Protectiv SPS-5082P509 09/23/10 09/23/11 2.000,00 )Railroad loccu"enc I aggregate 6,000.00 OESCWPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101, Addldonal Remarks Schedule, It more space Is r uimd) If required by written contract or written agreement, certificate holder is included as additional insured for ongoing operations under General Liability. FTCOLLI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ft. Collins Purchasing Division AUTHORIZED REPRESENTATIVE Mason Street P.O. Box 580 �2,�.,„a�.y,_, u r..ul..� Cfl AO SD9.OSR0 919BB-2009 ACURU GORPUKAI IUN. A0 rights reservea. ' ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD I SECTION 00635 ' CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 7290 Crack Seal & Fill Project 2011 PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: ' OWNER: City of Fort Collins CONTRACTOR: Vogel Concrete Inc. ' CONTRACT DATE: December 12, 2011 The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. ' A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the ' responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. 1 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 OWNER REMARKS: By: AUTHORIZED REPRESENTATIVE DATE SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 20_ TO: Vogel Concrete Inc. Gentlemen: You are hereby notified that on the day of , 20_, the City of Fort Collins, Colorado, has accepted the Work completed by Vogel Concrete Inc. for the City of Fort Collins project, 7290 Crack Seal & Fill Project 2011. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated December 12, 2011. In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: _, 20_ Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: LI 1 1 17 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Vogel Concrete Inc. (CONTRACTOR) PROJECT: 7290 Crack Seal & Fill Project 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 1 ' SECTION 00020 INVITATION TO BID Date: September 28, 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 October 19, ' 2011, for the Crack Seal & Fill Project 2011; BID NO. 7290. 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 7290. The Work shall consist of cleaning, sealing, and filling cracks on designated streets in the City of Fort ' Collins. Only $100,000 worth of work can be completed in 2011 and the remainder will be ' completed in 2012 when funding is available. 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://www.fcgov.com/eprocurement 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. 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: Vogel Concrete Inc. By: Title: ATTEST: Secretary STATE OFCOLORADO ) )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: Vogel Concrete Inc. PROJECT: 7290 Crack Seal & Fill Project 2011 CONTRACT DATE: December 12, 2011 In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of 20 (Surety Company) By: 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 no NOT WRITF IN THIS SPARF The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) Period 0170-750 (999) $0.00 89 - CONTRACTOR] N FORMATION Trade name/DBA: Owner, partner, or corporate name: Mailing address (City, State, Zip): Contact Person E-Mail address: Federal Employer's Identification Number: Bid amount for your contract: Fax Number. ( ) Business telephone number: Colorado withholding lax account number. Copies of contract or agreement pages (1) identifying the contracting parties EXEMPTION 'INFORMATION and (2) containing signatures of contracting parties must -be attached. Name of exempt organization (as shown on contract): Exempt organization's number: 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County lies) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date: completion date: I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer: Date: DO NOT WHI I E t3LLUW I Hlb LINL 9 1 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. r I I I I I I FI SECTION 00700 GENERAL CONDITIONS I GENERAL CONDMONS OF THE ' CONSTRUCTION CONTRACT These GENERAL. CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION ' CONTRACT prepared by the Engineers Joint Contract Documents -Committee, EICDC No. 1910-$.(1990 Edition), as a base. Changes to that document are shown by underlining text that has.been added and ' striking through text that has been deleted. 11 GJCDC GENERAL CONDITIONS 191.0-8 (1990 EDITION) WITH CITY OF FORT' COLLINS MODIFICATIONS (REV 9/99) r I I Article or Paragraph Number &Titie DEFMTIONS TABLE OF CONTENTS OF GFNERAL CONDITIONS Page Article or Paragraph Number Number & Title 11 Addenda ............................ 1 1.2 Agreement ­i- ................ * .... .. .......... 1 1.3 l Application r Payment ....................... 1. 1.4 Asbestos ........... ..... .1. - .... J 1.5 Bid .....................................................1 L6 Bidding Documents.........................__.II 1.7 Bidding Requirements,- ......................I 1.8 Bonds .................................................1 1.9 Change Order .......... ......... --------- I 1.10 Contract Documents 1.11 Contract Price ......... I 1. 12 Contract Times.............................. 1 ....1 1.13 CONTRACTOR ............ ......... -.1.1 1.14 defective .............................................1 1.15 Drawings., ......... ......... ................ - I 1.16 Effective Date of the Agreement 1 1.17 ENGINEER._........................_ 1.18 ENGINTEERs Consultant, ...... .......... 1.19 Field Order ..........................................1 .. .... . 1 L20 General Requirements .......................... 1) 1.21 Hazardous Waste,--. 2 1.22.a Laws and Regulations; Laws or Regulations........ ............................ 2 1 22.b _ Legal Holidays .......... ......................... 2 1.23 Liens ...........................:..................I.. 2 124 Milestone ......................... ................. . 1.25 Notice of Award ..... 2 1.26 Notice to Proceed........ I ........................2 1.27 OWNER ................... .......................... 2 128 Partial Utilization............................... z 129, PCBs.................................................1 1.30 Petroleum......_._ .... ........ .................. 2 1.31 Project ........... 2 1. 32. a Radioactive Materiat .......... ................ 1,32b Regular Working Hour% ....... -­ ... 2 1.33 i­.- Resident Project Representative.,-,,,......2 . 1.34 Samples ........................ I ............. I .... - 1 1,35 Shop Drawings....._ ..... ....................... 2 1.36 specifications ......................................2 1.37 Subcontractor ..................................... . 2 1.38 Substantial Completion ..... ** .......... *' 2 1.39 Supplementary Conditions, ................... 2 1.40 Supplier ....... .................... 2 141 Underground actlities ........ ---1-12-3 1.42 Unit Price Work ...................................3 1.43 Work................._..............................I 1.44 Work Change Dircctivc .......... ....... .... 3 1.45 Written Amendment............................3 Page Number PRELL?vMNARY NbUTERS 3 2.1 Delivery of Bonds ............................. 3 2.2 Copies of Documcntq ...................... .,3 2.3 Com in encern ent of Contract Times; Notice to Proceed.-_...-,. �3 2.4 Starting the Work- ........................3 15-2.7 Before Starting Constructim .CONT RACTOR!s Responsibility to Report; Preliminary Schates; Delivery of Certificates of Insurance 3-4 2.8 Preconstruction Conference ...4 2.9 Initially Acceptable Schedules., ......... 4 CONTRACT DOCUMENTS: INTENT, AMFNDING, REUSE 4 3.1-3.2 Intent............_ ............................... 4 3.3 Reference to Standards and Speci- fications of Technical Societies. • Reporting and Resolving Dis- crepancies ...................... .... 4-5 34 Intent of Certain Terms or Adjectives................................... .5 3.5 Amending Contract Docurients, ......... 5 16 Supplementing Contract Documents 5 3.7 Reuse of Documents ..... ................... AVAILABlun, OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS REFERENCE POINTS.........................................5 4.1 Availability of Lands ...................... 5-6 4.2 Subsurface and Physical Conditions 6 4.2.1 Reports and Drawin&s ............................ 4.2.12 Lim ited Reliance by CONTRAC- TOR Authorized; Technical Data ................................ I ............ 6 4.2.3 Notice of DifferingSubsurface or Physical Conditions, ......... ....... j6 4Z4 Fl-MMURs Review ............. ......... 4.2.5 Possible Contract Documents Change......................................:..6 4.2.6 Possible Price and Times Adjustments...._ ........................ . -7 4.3 Physical Conditions. -Underground Facilities -- ... .......................... - 7 4.3.1 Shown or, Indicated .................__.._:,.7 4.3.2 Not Shown or Indicated ............. 4.4 Reference Points- Points,,,,,,,,,,,,,,,,,,,,,,,,,,,!, - ................... 7 rICLU, GENERAL CONDITIONS 1910-8 (1990 EDITION w/CITY OF FORT COLUNS MODIFICATIONS (REV 9/99) I 11 Article or Paragraph Page Article or Paragraph Page Number k- Title Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum, 6.25 Submittal Procecdures; CON- Ilazardaus Waste or TRACTOR!s Review Prior Radioactive Material .................... 7tS to Shop Drawing or Sample Subm ittal 16 I) INSURANCE 5. BONDS AX , ............ .................. 8 46 6.2 ... _ ..... _ ..... Shop Drawing & Sample Submit- ...... Perform arice, Paym ent and Other tals Review by 24GINEER ...... 16-17 .5.1-5.2 Bonds ......................................... ..... 8 627 Responsibility for Variations 5.3 Licensed Sureties and lnsurcrs: From Contract Documents, ........... 17 Certificates of Insurance.._,..__,._._,...., 8 6.28 Related Work Performed Prior 5:4 COINTRACTOR!s Liability to F'.NGINEER's Review and Insurance ..... ­ .... - .......... 9 Approval of Required 5.5 OWNERS Liability Insurance ......... 9 Submittals .... _ .. ....... - ...... : ........ 17 5.6 53 Property Insurance, ........ ........ Boiler and Machinery or Addi- 9-10 6.29 6.30 Continuing the Work ............. CONTRACTORs General ... 17 tional Property Insurance, ..... ___ ..... 10 Warranty and Guarantee .............. 17 5.8 Notice of Cancellation Prmision, ........ 10 6.31-6.33 Indemnification_................. _17-18 5.9 CONTRACTOR's Responsibility 6.34 Survival of Obligations ...................18 for Deductible Amounts 10 5.10 Other Special frisuance-M., .... 7, OTHER WORK,,,,,,,,,, ..................... 18 5.11 Waiver of Rights,,,:............................11 7.1-7.3 Related Worl, at Site ............... 5.12-5,13 Receipt and Application of 7.4 Coordinatiort. _, ........ ..................18 Insurance Proceeds 10-11 5.14 Acceptance of Bonds and fnsm- S. OWNER'S RESPONSIBILITIES .........................IS ance-, Option to Replace ........ ...... I I 8.1 Communications to CON- 5.15 Partial Utilization --Property TRACTOR . . . ............................. 18 Insurance,.,... ........... .................. 11 8.2 Replacement 61ENGINEER.,._,,,;;,, I8 8.3 Furnish Data and Pay Promptly 6. CONTRACTOR'S RESPONSIBILITIES ....:..........I I When Due 18 6.1-6.2 Supervision and Superintendence ....... .11 5A Lands and Easements; Reports 6-3-6.5 Labor, Materials and Equipment 11-12 and'rests ...................... ......... 18-19 6.6 Progress Schedule.. ........... 2 8.5 Insurance..... .................. . ..... ­... 19 6.7 Substitutes and "Or -Equal" Items; 8.6 Change Orders ............ .................. 0 CONTRACTORS Expense; 83 Inspections, Tests and Substitute Construction Approvals ................... ............. _ 19 Methods or Procedures; S.S Stop or Suspend Work; F"NGINEER's Evaluation 12-13 Terminate CONT RACTOR!s 6.8-6.11 Concerning Subcontractors. Services._.._.........................19 Suppliers and Others; 8.9 Limitations on OWNER'S Waiver of Rights;.,.,._ ....... 13-14 Responsibilities ............................ 19 Patent Fees and Royalties .................... 14 8.10 Asbestos, PCBs, Petroleum, 6.13 Permits,,,__ _ ..... ..... ------- .... _14 Hazardous Waste or 6.14 Laws and Regulations,,,. ....... 14 Radioactive Matcrial .... ..............19 6.15 Taxes ..... - - ....... 14-15, 8.11 Evidence of FinanciiI 6.16 Use of Prem isc4 ................................. 15 Arrangements- ..........................19 6.17 Site Cleanliness 15 6.18 Safe Structural Loading ....................15 15 9. ENGINEERS STATUS DURING 6.19 Record Documents._........._ .......... .... 15 CONSTRUCTION 19 6.20 6.21 Safety and Protection .... ............. Safety Representative .............. _15-16 .... 16 .. 9.1 9.2 OWNERs Representative .. ...... Visits to Site,_,,,, ................ I.; ...... - .... J9 - 19 6.22 Hazard Communication Programs,..,,, 16 9-3 Project Pepresentative.....-, ........ 19-21 6.23 Emergencies ...................... ........... ­ 16 9.4 Clarifications and Interpre. 6.24 Shop Drawings and' Sample* ..............16 tations, ........................................ 21 9.5 Authorized Variations in Wrk ...... _21 LXDC GENERAL CONI)MONS 191M 11§90 EDMOM w/ CITY OF FORT COLLINS MODIFICATIONS (.RFV 9199) 11 I Article or Paragraph Page Article of Paragraph Number x- Title Number Number & Title Page Num her 9.6 Rejecting Defie2tive Work .............. .... 21 13.8-119 Uncovering Work at ENGI- 9.7-9.9 Shop Drawings, Change Orders NEER's Request .....................27-28 and nd Paymcras .................... ............... 21 13.10 OWNER May Stop the Work ... . ....... 28 9.10 Determ inatioris for Unit Prices 21-22 13.11 Correction or Removal of 9.11-9,12 Decisions; on Disputes; ENGI- Defective Wark .. .............. ...... 1�3 NEER as Initial Interpreter .............22 22 13.12 Correction Period... ........ _ ............. 2S 9.13 Limitations on IE GINEERs 13.13 Acceptance of"Defictive Work ......23 Authority and Responsibilities .... 22-23 13.14 OWNER May Correct Defective Work 28-29 CHANGES (wrum WORK._....................................._ 23 10.1 OWNER's Ordered Change ............. _?3 14. PAYwwrs,ro CONTRACTOR AND 10.2 Claim for Adjusuricnit ... ........ ....... 23 CO&IPLETION ............ ........................... ........ 29 10.3 Work Not Required by Contract 14.1 Schedule of Values .........................29 Documents ..................................... 23 14.2 Application for Progress 10A Change Orders ............ .. ...... ...... .. 23 Payrn ent . .............. 10.5 Notification of Surety ... .......... 23 143 CONTRACTORs Warranty of Title 29 CHANGE OF CONTRACT PRICE .............................23 14.4-14,7 Review of Applications for 11.1-11.3 Contract Price: Claim Cor Progress Payments,,,,,,,,,,,,,,,,, 29-30 Adjustment; Value of 14:13-14.9 Substantial Completion ..................30 the Work ....... ......... .......... ___23-24 14.10 Partial Utilization ..................... 30-31 1 I'A Cost of the Work....._ ..... .............. 24-25 14.11 Final Inspection .... .......... ............ 11.5 Exclusions to Cost of the Work .......... 115 14.12 Final Application for Payment ........ 131 11.6 CONTRACTOR!s Fee,,,,.,,,_....-........25 14.13-14.14 Final Payment and Acceptanc a ....... 31 11.7 Cost Records * ....... 14.15 Waiver of Claims ....... .............. 11.8 Cash Allowances ........ 11.9 Unit Price Work..._.....................26 15. SUSPENSION OF WORK AND TFRIAINATION... .................... .................... 32 CHANGE OF CONTRACT MMES ............................ ;6 15A OWNER IMay Suspend Work ...... _.32 12.1 Claim for Adjustment ......................... 26 15.2-1 ' 5.4 OWNER tvlayTerminate..........-...-- 32 12.2 Time of the Essence .... ................ 26 15.5 CONTRACTOR May Stop 12.3 Dclays Beyond CONTRACTORS Work or Term inatc................. 32-33 Control .................... 26-27 12.4 Delays Beyond OWNITFR's and 16. DISPUTE RFsoumm .................................. 33 CONTRACTORS Control ................27 TESTS AND rNSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFEC77ME WORK .... 27 13.1 Notice of Defects„ .............................27 13.2 Access to the Work .. ........... __ ....... 17 13.3 'rests and Inspections; CONTRACTORs Cooperation,.,,,,,,, 27 13.4 OWN ERs Rcsponsibilitics;, Independent Testing Laboratory ... ... 27 13.5 CONA-TRAC TORs Responsibilities ............ ............... _)7 13.6-13.7 Covering Work Prior to Inspec- tion. Testing or Approval ... ...... : 2 7 17. NIISCFLLANFOUS 3.3 17.1 Giving Notice_ 33 IT2 Computation of Times .................... 33 173 Notice of Claim 33 17.4 Cumulative Remedies .....................33 17.5 Professional Fees and Court Costs Included ........ .................. 33 17.6 Applicable State Laws,,,,,,,,,,,,,,, 133-134 Intentionally left blank .............................. ....... .35 E%WMIT GC -A: (Optional) Dispute Resolution Agreement_..,_--........ GC -AI 16.1-16,6 Arbitration ................... GIC-Al 16.7 Mediation ...... GC -AI LJCDC GENLRAL CONDITIONS 1910-8 (1990 EDITION) wl CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) J L INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of -- Bonds and Insurance........................................5.14 defective Work............................10.4.1, 13.5, 13.13 Fiinalpayment ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,9.1- 14,15 insurance......................................................... 5.14 other Work by CONTRACTOR ..........................7.3 Substitutes and "Or-EquW Items .......................6.7.1 Work by OWNER..............................15, 6.30, 6.34 Access to the -- Lands, OWNER andCONTRACTOR responsibilities ............................................. 4•1 site. related Work...........................................I...7 2 Work ....... :............... .................. 13.2. 13.14, 14.9 Acts or Omissions--, Acts and Omissions -- CONTRACTOR ...................................6.9.1, 9.13.3 FNGWEF.R............... .................. ...... ..6.20, 9.13.3 OWNER....................................................0.20. 8.9 Addenda --definition of (also see definition of Specifications) ....... (1.6, 1.10, 6.19)', 1.1 Additional Property Insurance$ ................................. 5.7 Adjustments - Contract Price or Contract Times ...........................1.5, 3.5, 4.1, 4.3.2, 4.5.2, ........I....................4.5.3, 9.4, 9.5. 10.2.10.4, ............: ........................... 11, 12, 14.8, 15.1 progress schedule. ................ _........_..................6.6 Agreement— definition of .......................................................I2 "All -Risk" Insurance, policy form,,,,,,,,,,,,,,,,,,,,,,,,,,, 5.6 2 Allowances, Cash....................................................11.8 Amending. Contract Documents .............;,,,,,,,,,......... 3.5 Amendment, Written -- in general................1.10, 1.45, 3.5, 5.10, 5.12, 6.62 ..........................k.8.2, 6.19, 10.1, 10.4, 11.2 ....................................12.1, 13.12.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to ..........................9.10, 9.11, 10.4. 16.2. 16.5 Application for Payment— definition o(......................................................1.3 FNGINEEWs Responsibility .............................. 9.9 Final payment ............... 9-13.4, 9.13.5, 14.12-14.15 in general,,,,,,,,,,,,,,,,,,,,,,,,,,2.S, 2 9, 5.6.4, 9.10, 15.5 progress payment ..................................... 14.1-14.7 review of ..................... ................ ...._...... :14.4-14.7 Arbitration .......... ........................................... 16.1.16.6 .Asbestos-- claims pursuant thereto...........................4.5.2, 4.5.3 CONTRACTOR authorized to stop Work,,,,,,,,,, 4.5.2 definitionof........................................................t.4 Article or Paragraph Number OWNER responsibility for,,,,,,,,,,,,,,,,,,_,,,,,,,,, 4.3.1, 8.10 possible price and times change ._...„.,,,._.4.5.2 authorized Variations in Work ........... 3.6. 6.25, 6.27. 9.5 Availability of Lands ............ ..................... ........ 4.1, 8A Award, Notice of-defined........................................I25 Before Starting Construction ...................... ........ 2.5-2.8 Bid -definition of..............._,_._,.1.5 (L 1, 1.10, 2.3, 3.3. .................... .... .36.4, 6.13, 11.4.3, 11.9.1) Bidding Documents --definition of .....................................J.6(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 definition of.......................................................1.8 delivery of .............. _ final Application for Payment...........__...14.12-14.14 general .....................................: 1,10, 5.1-5.3, 5.13, ....9.13. 10.5, 14.7.6 Performance, Payment and Other...................5.1-5.2 Bonds and Insurance --in general.................................5 Builder's risk"all-risk" policy form, .2 Cancellation Provisions, Insurance,,,,,.,.5.4.11, 5.8, 5.15 Cash Allowances......................................I.............11.8 Certificate of Substantial Completion ........ 1.38. 6.30.2.3, ............................................... ...14-8. 14.10 Certificates of Inspection ...................9.13.4, 13.5, 14.12 Certificates of Insurance ............. 2.7. 5.3, 5:4.1 I, 5.4.13. ....................... 5.6.51 5.8, 5.-14, 9.13.4, 14.12 Change in Contract Price -- Cash Allowances .............................................. 11.8 claim for price adjustment............ 4.1, 4.2.6, 4.5. 5.15, 6.8.2. 9.4 .............9.5. 9.11, 10.2. 10.5, 11.2. 13.9. ....................... 13,13, 13.14, 143, 15.1, 15.5 CONTRACTOR's fee 1 I.6 Cost of the Work general ............................................... 11.4-11.7 Exclusions tq,, ....................... 1 1.5 Cost Records, ....... ............. ................. ............... 11.7 in general.............1.19, 1.44, 9.1 I, 10.4 2, 10.4.3, 11 Lump Sum Pricitg..........................................11.3.2 Notification of Surcty......._...............................10-5 Scope of ................................. .................... 10.3-10.4 Testing and Inspection. Uncovering the Work .................................. 13.9 L XDC GENERAL CONDITIONS 1910.8 (1990 EDITION w/CITY or FORT COURTS MODIFICATIONS iRFV 9M) 1 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. 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, II, CPPO, FNIGP Purchasing & Risk Management Director Unit Price Work...........................................11.9 Article or Paragraph Number Value of Work ................................................... I1.3 Change in Contract'rimes- Claim for times adjustment,,,,,,., 4.1. a 2.6, 4.5, 5.15, 6.8.2. 9.4. 9.5. 9.11. 10.2. 10.5. 12.1. ...............13.9, 13.13. 13.14, 14.7. 15.1, 15.5 Contractual time limits 12.2 Delays beyond CON'TRACTOR's control......................................:.................12:3 Delays beyond O\Wi ER's and CONIRACTOR's control 12.4 Notification of surety.........................................10.5 Scope of change,,.,.,,,,. .............................. 10.3-10.4 Change Orders -- Acceptance of Defective Work ..........................13.13 Amending Contract Documents ..........................}J Cash Allowances 11.8 Change of Contract Pricp....... .............................I I Change of Contract Time;...................................12 Changes in the Work .......................................... 10 CONTRAC'r0R's fee 11.6 Cost of the Work....................................... 11.4-11.7 Cost Records 11.7 definition of.......................................................1.9 emergencies.................................................... 0.23 ENGINEER's responsibility ....... 9.8. 10.4. t 1 2, 12.1 execution ot...................................................... Jo.4 Indemnifiction .........................y.12, 6.16, 6.31-6.33 Insurance, Bonds and .......................5.10, 5.13, 10.5 OWNER may terminate .............................. 15.2-15.4 OWNER's Responsibility ..... ................ ........$.6, 10.4 Physical Conditions-- Subsurfacc and.............................................92 Underground Facilities--............................4 3.2. Record Documents 6.19 Scope of Change. ...... ............................... 10.3-10.4 Substitutes ............................................. 6.7.3, 6.8.2 Unit Price Work ............................................... 11.9 value of Work, covered by..................................11.3 Changes in the Work.................................................10 Notification of surety.........................................10.5 OWNER'S and CONTRACTOR's responsibilities ............................................. 10.4 Right to an adjusim en ...................................... 10.2 Scope of change........................................10.3-10.4 Claims -- against CONTRACTOR....................................6.16 against ENGINEER.........................................6.32 against OWNER...............................................6.32 Change of Contract Price ........................... 9.4, 112 Change of Contract Timcs.......................... 9.4, 12.1 CONTRACTOR's.............4. 7.1, 9.4. 9.5, 9.11. 10.2. ...........................I I.' 11.9, 12.1. 13.9, 14.8, 15.1. 15.5, 17.3 CONTRACTOR's Fee......_ ............................._ 11.6 Article or Paragraph Number CONTRACTOR's liability ,,,_,,,,.,.5A 6.1Z, 6.16, 631 Cost of the Work....._........--"......._...--_..11.4, 11.5 Decisions on Disputes ................................ 9.11, 9.12 Dispute Resolution..._ .............................. .......... &1 Dispute Resolution Agreement, .................. 16.1-16.6 ENGINEER as initial interpretor .......................9 11 Lump Sum Pricing ......................................... 11.3.2 Notice of.-._ 17.3 OWNFR's................... 9.4, 9.5, 9.11, 10.2, 11.2, 11.9 „.,_.._,,.,.12.1. 13.9, 13.13. 13.14. 17.3 R'S OWNEliability...............................................5.5 OWNER may refuse [o make payment14.7 Professional Fees and Court Costs Included .....................................................17.5 request for formal decision on............................2.11 Substitute Items... ......... ....... ............... I ........ 6.7.1-2 Time Extension 12.1 Time requirements....................................9.11, 12.1 Unit Price Work._-_ ........ -...... .__......... _..,_..11.9.3 Valueof ........................................................... 1.I.3 Waiver of --on Final Payment.................J4.14, 14.15 Work Change Directive .................... I... ......10.2 written notice required ......................9.11, 11.2, 12.1 Clarifications and Interpretations,,,,,_.,,., 3.6.3, 9.4, 211 CleanSite ......._......_..._ .................. ...... ............. 6.17 Codes of Technical Society, Organization or rlssocimion..................................................}3.3 Commencement of Contract Times, .... _........... __,_.,_2.3 Communications— general ...............................................6.2. 6.9.1 S.I Hazard Communication Programs,.,. ............:.... 6.22 Completion— Final Application for Payment .........................14.12 Final Inspection..............................................14.11 Final Payment and Acceptance .............„J4.13-14.14 Partial Utilization............................................14.10 Substantial Completion ....... ___ ...... _ 1:38, 14.8-14.9 Waiver of Claims ..... :..................... ................. 14.15 Computation of Times ..... ......................... 17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others ........................ _......................, 6.8-6.1 I Conferences -- initially acceptable schedules. ............................... 2.9 preconstruct ioq.................................................. 2-8 Conflict, Error, Ambiguity, Discrepancy— CONTRACTOR to Report, .... ..................... 2.5, 3.3.2 Construction, before starting by CONTR-ACTOR ........................................ Construction Machinery, Equipment, etc,,,,,,,,,,,, ,,,,, 6.4 Continuing the Work ..................................... 6.29, 10.4 Contract Documents - Amending..........................................................3.5 Bonds..............................................................5.I L'JCDC GENL•RAL CONDITIONS 1910-3 (1990 EDITION) w/C1TY OF FORT COLLMI MODIFICATIONS(RF.V 9/99) 1 1 J 11 1 1 1 F 11 I I �_ I Cash Allowances........._._..._ ...........................11.3 Article or Paragraph Number Change of Contract Price Change of Contract Timrs................................... 12 Changes in the Work................................10.4-10.5 check and verify ................................................. 2.5 Clarifications and Interpretations........................3.2, 3.6, 9.4, 9.11 definition of...-.._._..._......._............................1.10 ENGINEER as initial interpreter of .................. 9.11 ENGINEER as OWNER's representative ........ _...9.1 general3 Insurance, ...................... _......................... 5.3 Intent ....... ... .................................. . .......... .3.1-3.4 minor variations in the Work..............................3.6 OWNER's responsibility to fumish data ............... 8.3 OWNER's responsibility to make prompt payment ......................... 8-3. 14-4, 14.13 precedence................................................3.1.3.3.3 Record Documents .............. ............................. 0.19 Reference to. Standards and Specifications of Technical Societies .................................. 3.3 Related Work..................................................7.2 Reporting and Resolving .Discrepancies ,,,-,,, 25,33 Reuseof..............................._...........................3.7 Supplementing.................................................. 3.6 Termination of ENGINEER's Employmen; .......... 8.2 Unit Price Work.... ............................................ 11.9 variations..........................................3.6, 6.23, 6.27 Visits to Site, ENGINEER's.......... _.................... 9.2 Contract Price - adjustment of ................ 3.5.4;1,9.4. 10.3, 11.2-113 Changeof..........................................................1 I Decision on Disputes........................................9.11 definition of.................:...................................I' l l Contract Timcs-- adjustment of ...........................3.5, 4.1, 9.4, 10.3. 12 Change of ...................... ........... ........ ......,12.1-12.4 .Commencement of .............................................. 2.3 of ....................................1.12 definition .................. . CONTRACTOR - Acceptance of Insurance.._,__„.............._......-,„,.5.14 Communications..........................._.........6.2. 6.9.2 Continue Work........................................6.29, 10.4 coordination and schedulins........ ,,,,,,,,,,,,,,,,,,„¢.9.2 definition of.....................................................1.13 Limited Reliance on Technical Data Authorized 4.2.2. May Stop Work or Term inate------- 15.5 provide site access to others......................... 7?, 13.2 Safety and Protection„-,,,,.-„--,,,,,, 43. L2, 6.16. 6.18, 6.21-(.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal6.25 Stop Work requirements .................................. a.5:2 CONTRACTOR's- Article or Paragraph Number Compensation.._........................................I 1.1.11.2 Continuing Obligation,-.-„-,,„--,-,_,-„...............14.15 Defective Work 9.6. I3.10-13.14 Duty to correct defective Work .................. ........13.11 Duty to Report -- Changes in the Work caused by Emergency............... ........... .......... ........ 6.23 Defects in Work of Others .......... ............. _., 7.3 Differing conditions, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,4.2.3 Discrepancy in Documents,,,,-,..25, 3.3.2. 6.14.2 Underground Facilities not indicated ........... 4.3.^_ Emergencies..... ............................ ............... 6.23 Equipment and Machinery Rental, Cost of the Work..................................:........11.4.33 Fee --Cost Plus11.4.5-6, 11-5.1, 11.6 General WarrantyandGuarantee ,-,,,,,................ 6.30 Hazard Communication Programs-„-„-,,,,,,,-„ 0.22 Indemnification, ....................... 6. I a 6.16, 6.31-6.33 Inspection of the Work ................ ......... _.... .3, 13.4 Labor, Materials and Equipment„ 0.3-6.5 Laws and Regulations, Compliance by, „ .... 6 14 1 Liability Insurance .............................................. j.4 Notice of Intent to Appeal ...............„-,......9.10. 10.4 obligation to perform and complete theWork............................... ................:....6.30 Patent Fees and Royalties, paid for by................6.12 Performance and Other Bonds .............................. 3A Permits, obtained and paid for by,,,,,-„-,-,,,... 0.13 Progress Schedule ................ ............ 2.6,2.8, 2.9, 6.6, ........................................6 29, 10.4. 15.21 Request for formal decisionon disputes..............9.11 Responsibilities.. Changesin the Wor................................... 10.1 Concerning Subcontractors, Suppliers and Others .................................:... 6.8-6.11 Continuing the Work ........... .......... _...6.29, 10.4 CONTRACTOR's expense...........................0,7.1 CONTRACTOR's General Warranty and Guarantee......................__...__.,_--,-6.30 CONTRACTOR's review prior to Shop Drawing or Sample submittal..,-,,..,-„_...6.25 Coordination of Work„ ............................... 6.9.2 Emergencies ............................................... 6.23 E•NGINEER's evaluation, Substitutes or "Or -Equal" Items ............................. 6.7.3 For Acts and Omissions of Others ..69.1-6.9.2, 9.13 ............................ for deductible amounts, insurance,,,,,,,,,,,,,,,,,,,..9 general_.... ..... ........................... .6, 7.2, 7.3, 8.9 Hazardous Communication Programs.,..:.-„- 622 Indemnification 6.31-6.33 EICDC GENERAL CONDITIONS 1910-8 0990 ED1nOM w/ CITY OF FORT COLLINS MODIFICATIONS /REV 9/99) 1 Labor, Materials and Equipment.............6.3-6.5 Laws and Regulations ............. ...6.14 LiabilityInsurance........................................ 5.4 Article or Paragraph Number Notice of variation from Contract Documents ........................................... 6.27 Patent Fees and Royalties ..............................6 12 Permits...................................................... 6.13 Progress Schedule.........................................6.6 Record Documents .- 6.19 related Work performed prior to ENGINEERS approval of required submittals ...............:............. ................ 6.28 safe structural loading.................................6.18 Safety and Protection ....................6.20, 7.2. 13.2 Safety Representative ....... 6.21 Scheduling the Work..................................6.92 Shop Drawings and Samples ..._--._,,,,,,,,,,,,,,6.24 Shop Drawings and Samples Review by ENGINEER ......................................6.26 Site Cleanliness ..... ..................... .._......_...:6.17 Submittal Procedures...................................6.25 Substitute Construction Methods and Procedures ...................................: 6.7.2 Substitutes and "Or -Equal" Items................0.7.1 Superintendence............................................0.2 Supervision...................................................6. I Survival of Obligations........................„......6.34 Taxes_ ........................................................ 0.15 Tests and Inspections .... --..-.._.....................13.5 ToReport ..................................................... 2.5 Use of Premises ....... .............. 0.16-6.18. 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal........................................6.75 Right to adjustment for changes in the Work 10.2 right to claim ............ * 1, 7.1, 9.4, 9.5, 9.11, 10.2,11.2, 11.9. 12.1. 13.9, 14.8, 15.1, 15.5, 17.3 Safety and Protection ......... .......... 620-6.22, 7.2, 13.2 Safety Representative ............... ... _...... ..................... 6.21 Shop Drawings and Samples Submivals..,.,6.24-0.28 Special Consultants, ............. . J1.4.4 Substitute Construction Methods and Procedures_6.7 Substitutes and "Or -Equal" Items, Expense... .......................................6.7.1. 6.7.2 Subcontractors, Suppliers and Others.,,,, 6.8-6.11 Supervision and Superintendence .......... 6.1. 6.2, 6.21 Taxes, Payment by...............__.................._.....6-15 Use of Premises ........................................ 6.16-6.18 Warranties and guarantees ......................... 6.5. 6.30 Warranty oftitle..................._....... .,............... . 14.3 Written Notice Required-- CONTRACTOR stop Work or terminate ....... ,15.5 Reports of Differing Subsurface and Physical Conditions ........... ............. :1.2.3 Substantial Completion ....... ........ _............... viii 14.S CON'1' RAC'1'O RS--other...................... _....................-. 7 Contractual Liability Insurance ............... ._. ...____.4,10 Contractual Time Limits.........................................12.2 Article or Paragraph Number Coordination— CONTRACTOR's responsibility ........................6.9.2 Copies of Documents ............................................... 22 Correction Period..................................................13.d2 Correction, Removal. or Acceptance of Defective Work-- ingeneral...................................10.4.1, 13.10-13.14 Acceptance ofDefective Work,,,,,,,,,, 13.13 Correction or Removal of Defective Work. ,,,,,,,,,,,,„6,30, 13.11 Correction Period .....:........... ........ OWNBRMay Correct Defective Work ............... 13.14 OWNER May Stop Work.................................13.10 Cost-- of'rests and Inspections.....................................13.4 Records11.7 Cost of the Work -- Bonds and insurance, additional,,,,,,,,,,,,,,,,,,, 11.4.5.9 Cash Discounts .............. 11.4.2 CONPR4CTOR's Fee ....,....... ......................... ...11.6 Employee Expenses ................ ............ .......... 11.4.5A Exclusions. to ........................................ :...... ......11.5 General 11.4-1 Li Home office and overhead expenses .................... I LS Losses and damages.....................................11.4.5.6 Materials and equipment ........ J 1.4.2 Minor expenses...........................................11.dS.S Payroll costs on changes.................................11.4.1 performed by Subcontractors............................11.43 Recordsll.7 Rentals of construction equipment and machinery,._,,,,,,,,,,,,,, ..........:...... .. .. 11A-.1.3 Royalty payments, permits and license fees .......................... . Site office and temporary facilities ,,,,,,,,,,,,,,,,I L4__5.2 Special Consultants, CONTRACTOR's............. 11A.4 Supplemental ...........-_..................................11.4.5 'faxes related to the Work.....„,,,,,,,,,,,,,,,,,,,,, Tests and Inspection ......................................... 13.4 Trade Discounts .. ... ........................................11.4.2 Utilities, fuel and sanitary facilities ........... .. .... 11.4.5.7 Work after regular hours.................................11.4.1 Covering Work...............................................13.6-13.7 Cumulative Remedies .... ....................... ........... 17.4-17.5 Cutting, fitting and patching .................................... 7.2 Data, to be furnished by OWNER—— ......................... 8.3 Day --definition of... ............................................17.?.2 Decisions on Disputes.........................I......... 9.11, 9.12 defective --definition of ... ................................. .._..1.14 defective Work -- Acceptance of.......................................10.4.1, 13.13 EJCDC CILNLRAL CONDITIONS 1910-5 (1990 E XTIO`t) w/ CITY OF FORT COLLINS \IODIFICATIOMS (REV 9/99) I� �I I d I Correction or Removal of., ..................... .............10.4.1, 13.11 Correction Period : 13.12, in general.........................................13, 14.7, 14.1.1 Article or Paragraph Number Observation by ENGINEER ................................ 9.2 OWNER May Stop Work : ...... .......... ................ 13.10 Prompt Notice of Defects. ..................................13.1 Rejecting................... ._...........................:.......9.6 Uncovering the Work.......................................13.8 Definitions........................................:......._..........._. 1 Delays......................................4.1, 6,29, 12:3-12.4 Delivery of Bonds ................... .................. :...... ......... 2.1 Delivery of certificates of insurance ........................... r.7 Determinations for Unit Prices .... ,,,....... .10 Differing Subsurface or Physical Conditions Noticeof........._....... _........ _................ _... _._.12 3 ENGNF,ER's Review ....................................... 4.2.4 Pmible Contract Documents Change ............... 4.2.5 Possible Price and Times Adjustments..............i.2.6 Discrepancies -Reporting and Resolving ........... ...... ... _._.... 2:5, 3.3.2, 6.14.2 Dispute Resolution-- Agreemenk,,,.,,,,,,, .................................... 16.1-16.6 Arbitration..............:..................................16.1-16.5 general 16 Mediation.........................................................16.6 Dispute Resolution Agreement ......... ............ .... 16.1-16.6 Disputes, Decisions by ENGNEER...... .......... _9.11-9.12 Documents -- Copiesof ... .......................................................2.2 Record 6.19 Reuseof. ............................................................ 3.7 Drawings --definition of ...... .......................... ............1.15 Easements .............................................................. 4.1 Effective date of Agreement -- definition of..............).16 Emergencies..... _...................._..............................6.23 ENGINEER -- as initial interpreter on dispute................. .11-9. I2 definition of ....................................................... 1.17 Limitations on authority and responsibilities..... 9.13 Replacement of. ................ ........................_......, 8.2 Resident Project Representative „9.3 ENGNEER's Consultant -- definition of ..................... 1. l8 ENGNEER's-- 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.........._ 16.3, 9.4 Decisions on Disputes,,;,,..,, .........:............ 9.1 I-9.12 dejecrive Work, notice of....................................13.1 Evaluation of Substitute Items ,,,,,,6.7.3 Liability ............................... ....................4:32.9. I2 Notice Work is Acceptable _....._,__,___.... _:.... 14.13 Observations...........................................6.30.2 9.2 OWNER's Representative....................._.............9.1 Pavmcnts to the CONTRACTOR. Responsibility for.....................................9.9..14 RecommendatnnofPayment ....................14.4, 14.13 Article or Paragraph Number Responsibilities --Limitations on .......... ... .... 9.11-9..13 Review of Reporwon Differing Subsurface and Physical Conditions ............... ..............1.2.4 Shop Drawings and Samples, review responsibility, ............... ............................. 6.26 Status During Cmstruction-- authorized variations in the Work,,,,,,,,,,,,,,,,,9.5 Clarifications and Interpretations ............... 9.4 Decisions on Dispute; .................... ..... 9-11-9.12 Determinations on Unit Price. ......... __..___9.10 ENGINEER as Initial Interpreter,,,._,__. 9.11.9,12 ENGIN6ER's Responsibilities ..............„ 9.1-9.12 Limitations on ENGINEER's Authority and Responsibilities............................9.13 OWNER's Representative .............................. 9.1 Project Representative..._.-, ._.....,--9.3 Rejecting Defctive Work..............................9.6 Shop Drawings, Change Orders and Payments ............ ................. ....... t9.7-9.9 Visits to Site ................................................. 9.2 Unit Price determinations9.10 VISITS CO Site ..................... .................. ............... 9.2 Written consent required,,,,,,,,,,,,,,,,,,, ............ 7.2,.9.1 Equipment, Labor, Materials and ,,........ 4...... 4.... (1.3-6.5 Equipment rental, Cost of the Work,,,,,,,,,,,,, 11.4.5.3 Equivalent Materials and Equipment ........................ 6.7 error or omissions..................................................0.33 Evidence of Financial Arrangements...... I ................ M I Explorations of physical conditions ...................... 9?.1 Fee, CONTRACTOR's-Costs Plus ...........................11.6 Field Order -- definition o........... .........:.................................1.19 issued by ENGINEER............................ 3.6.1, 9.5 Final Application for Payment ........ ....................... 14.12 Final Inspection,,,,,,,,,,......................................... I4.11 Final Payment -- and Acceptance...................:................14.13-14.14 Prior to, for cash allowtnces...............................11.8 General Provisions 17.3,17.4 General Requirements— definition of .................................................. ... 1,2 principal references to ...... _...... 2.6. 6.4, 6.6-6.7, 6.24 Giving Notice........................................... ............. 17.1 Guarantee of Work --by CONTRACTOR ........ 6.30, 14.12 Hazard Communication Programs ..........................6.22 Hazardous Waste-- c1dwitionof.....................................................1.21 general........................... .............. _ _.... _..... ............ 4.5 OWNER's responsibility for ................................ .10 E/CDC GENERAL COINDMONS t910-3 (1990 EDrnoN) w/ CITY OF FORT COLLINS \MODIFICATIONS (REV 9f99) I Indemnification_ ................ ....... --- 60-71 616, 6.31-6.33 Initially Acceptable Schedules....._____.__..__ ..:..........2.9 Inspection— Certificates of ..............................9.13.4, 13.5, 14.12 Final 14.11 Article or Paragraph Number Special, required byENGINEER '"' " - ' ­_ " " 9.6 Tests and Approval, .... ......... ............. 8.7. 13.3-13.4 Insurance -- Acceptance of, by OWNER........._..._...............5.14 Additional, required by changes in the Work I I.4.5.9 Before starting the Work,,,,,,,,,,,,,,,,,,,,,_,,,-,,,,.,,,, 23 Bonds and --in general ..........................................5 Cancellation Provisions., ............................... .... 5.8 Certificates of ................... . 23, 5,.5.3, 5.4.11, 5.4.13, ........................ 5.&5, 5.8, 5.14, 9.13.4, 14.12 completed operations :,* ......... ** ... *""-* .... *"*'*' 5.4.13 CONTRACTOR's Liability..................................5.4 CONTRACTOR's objection to coverage,,,,,,,,,,,,, 5.14 Contractual Liability.-, ............. ......... 5.4.10 deductible amounts, CONTRACTOR's responsibility ................................................5.9 Final Applicaton for Payment ............. 14.12 Licensed Insurers ...............................................5.3 Notice requirement-, material changes ........ 5.8. 10.5 Option to Replace..._........................................ 5.14 other special insurances....................................5.10 OWNER is fiduciary for insureds ... ........... 5-12-5. 13 OWNER's Liability ................... ......... ............ � 5. 3 OWNERs Responsibility .....................................8.5 Partial Utilization, Property Insurance ...............5.15 Property........................................... ......... 5.6-5. 10 Receipt and Application of Insurance Proceeds ........ 5-12-5.13 Special Insurance,,,,..___ ....... ... 5.10 Waiver of Rights....... .............................. ........ i I I Intent of Contract Documents, .......................... 3.1-3.4 Interpretations and Clarifications ---- ...... ......... 3.6.3,9.4 Investigations of physical conditions * ....... ............ .... : .2 Labor. Materials and Equipment ....... I ------- ........ -6.3-6.5 Lands— and Easements $.4 Availability of ............................................. 4.1. 8.4 Reports and Tests ................................................ 8.4 Laws and Regulations --Laws or Regulations-- Bonds i. 1-5.2 Changes in the Work ........................................10.4 Contract Documents 3.1 CONTRACTOR's Responsibilities 6.14 Correction Period, defective Work_ . .... .......... J13.12 Cost of the Work, taxes ................11.4.i.4 definition of.._.........._____........._.._ ..... 1. Ll gencral6.14 Indemnification ... 6.31-6.33 Insurance 53 Prcccdcrtcc 3.1, 3.3.3 Reference to 13.1 Safety and Protection ................................6.20. 13-2 Subcontractors. Suppliers and Others ............ 6.M: I I Article or Paragraph Number Tests and Inspections ................................... 13.5 Use of Premises .................................................6.16 *...*.............................................P.2 Visitsto Site .......................................................9.2 Liability Insurance-- CONTRACTOR's ................................................ 5.4 OWNERs 5.5 Licensed Sureties and Insurers .......... ........... ....... 53 Liens— Application for Progress Payment....,_.__.......... 14.2 CONTRACrOR's Warranty of Title........._........ 14.3 Final Application for payment. ..........................14.12 definition of .............. I ........ ...1.33 Waiver of Claims 14.15 Limitations on ENIGMER's authority and responsibilities...-,.._.,.__........_......--_............. 9. 13 Limited Reliance by CON'I'R-ACTOR Authorized ....................................................... 4:12 Maintenance and Operating Manuals -- Final Application for Payment .... ..................... 14.12 'Manuals (of others) -- Precedence -...................................................3.3.3.1 Reference to in Contract Document% ..................3.3.1 ,viaterials and equipment -- furnished by CONTRACTOR .............. ......... .... A3 not incorporated in Work ................................... 14.2 Materials or equipment --equivalent ........................... 6.7 Mediation (Optional) .............................................. j6_7 Milestones --definition of ........................................ 1.24 ,Miscellaneous -- Computation orrinics ........................................17.2 Cumulative Remedies... ..................................... 17.4 Giving Notice ......................................... ; ........ A 7.1 Notice of Claim .................................................17.3 Professional Fecqand Court Costs Included ........ 17.5 2 Multi -prime contracts..................................I........_-- -7 Not Shown or Indicated ......... 4.31-2 Notice of -- Acceptability of Project .....................................14.13 Award, definition of .......................................... j.25 Claim............................................................173 Defects, 13.1 Differing Subsurface or Physical Conditions ...... 4.2.3 Giving........................... I .... I ......... I .................. 1.7.1 Tests and Inspections ........................................13.3 Variation. Shop Drawing and Sampl................ .. 6.27 Notice to Proceed— definition of .................... l-26 givingof .............. ....... ...... I .............. ­­ ........ J. 3 FJC[)C GENERAL CONDITIONS 1910 -8 0990 EDMON) w/ClTY OF rORTCOLUNSMODIFICATIONS (REV 9199) I 11 I I I I I I 11 F P I I I I I I I I Notification to Surety ......... .. .... .......... ..... j 0.5 testing, independent ....................... I ................. 13A Observations, by ENGfNFFR,l ..........................6.30, ..9.2 use or.occupancy Occupancy of the Work,.,... ­ ...... _5.15, 6.30.2.4. 14.16 of the Work� ...................... _.15. 6.30.2.4, 14.10 Omissions or. acts by CONTRACTOR.... 6.9, 9.13 written consent or approval Open Peril policy form, frisurareq ........................ _ 5,6.2 required .......................... ........... 6.3. 11.4 Option to Replace ................................................... 5,14 Article or Paragraph Number "Or Equat" Items...._ ....................... ........ 11 ........ 63 Other work 7 Overtime Work --prohibition of_.-,_:_..._, ................ 61 OWNER -- Acceptance of defective Work .......................... 111 appoint an ENGINEER.:_..._ ........_................. 8.2 ,as fiduciary ........... .............................. 5- 12-5.13 Availability of Land;, responsibility ....................4.1 definition of...__..._..._..._..._......._ ..... ..... ' 1.27 data, furnish.. ------ - ­. ­ ­ ..................... ­ 8.3 May Correct Defective Work .............. ............ 13.14 May refuse to make payment,,.__, - ... . ..... .... 14.7 May Stop the Work ......................................... ­­ "' ' * .... .. ... 13.10 May Suspend Work, Terminate ........................... M. 13,10, 15.1-15.4 Payment, make prompt .....................8.3, 14.4, 14.113 performance of other work, ........... ..................... 7.1 permits and licenses, requirements ....... 13 purchased insurance requiremem4 ..... 5.6- 5. 10 OWNERS— Acceptance of the Work......_ .................._. 6.30.2.5 Change Orders, obligation to,executq .......... 8.6, 10.4 Communications ...... ....... 8.1 Coordination of the Work 7.4 Disputes, request for decision ................ ........... �11 Inspections, tests and approvals _, ... ........... 8:7. 13.4 Liability Insurance....._5.5 'Notice of Defects..............................................13.1 Representative --During Construction, P.",qGlNFHR!s Status: 9.1 Responsibilities -- Asbestos, PCBs. Pdrolcum, Hazardous W,,to or Radioactive klaterial 8.10 Change Orders ........... ............................... 4 ..8,6 Changes in the Work ..................................10.1 communications, ....... .. ... . . .. .... ***'* ... 8A CONTRACTORs responsibilities ..................8.9 evidence of financial arrangcmcnts.............3.11 inspections, tests and approvals;,,,,,, , S.7 ........... insurance lands and casements 8.4 prompt payment by 6 . ...... ........... replacement of ENGINEER ....... .................... $.2 reports and tests .................. .............. . _ _ I I - 8.4 stop or suspend Work,,,,,,,,,,,,,,,,,, S. S. 13. 10, 15.1 terminate CONTRACTORs services___......_.._... _._._...___.-As! 15.2 separate representative at site;,,,,,,,,,,,,,,,,,,, . .......... 93 xi UCDC GENERAL co`7Di rio," 1910.-3I1990 EDITION) AV/ (.M Or FORT COLLINS MODIFICATIONS (REV W99) I I Article. or Paragraph Number written notice required ........................7.1, 9.4. 9.11, ........ ..............._......... t1.2, 11.9, 14.7. 15.4 PCBs -- definition of..._..............._................................1.29 general ................................................... ...........{5 OWNER's responsibility for...............................5.10 Partial Utilization -- definition of..:..................................................1.28 general 6.30.2.4. 14.10 Property Insurance............................................5.15 Patent Fees and Royalties ....................................... 6.12 Payment Bonds ................... I.................... J.l-5 2 Payments, Recommendation of ........ ...... 14.4-14.7,. 14-13 Payments to CONTRACTOR and Completion — Application for ProgressPayments......................34.2 CONTRACTOR's Warranty of Title ............ _... _J4.3 Final Application For Payment..........................14.12 Final Inspection, ............................................. 14.11 Final Payment and Acceptance, .............. 14.13-14.14 general................................:........................$.3, 14 Partial Utilization _.._...._.:....._. _...........__..._ 14,10 Retainage..........................................................1 2 Review of Applications for Progress Payments ................ ............ I ... 14.4-14.7 prompt payment..................................................8.3 Schedule of Values..................................:.........14.1 Substantial Completion ......... ................ ..... 1a.8-149 Waiver of Claims ............................................. 14.15 when payments due ................................ 14.4, 11.13 withholding payment,_,._„_................__...._...._,14.7 PerformanceBonds. .......... ...... ....... 15.1-5.2 Permits............................................................6.13 Petroleum -- definition of.....................................................1.30 general. ....... .... :................................................. 4.5 OWNER's responsibility for ... ...................... _...... 3.10 Physical Conditions -- Drawings of, in or relating to ........................ a.2.1.2 ENGTNEF.R's review ............................. .....:...... 4.2A existing structures..... _....... _... _............ _......... 4.2.2 general 4.2.1.2 _.. Notice. of Differing Subsurface or, .............. ....... 4.2-3 Possible Contract Documents Change ............ 1.2.5 Possible Price mind Times Adjustments..............3.2.6 Reports and Drawings,,,,,,,,,,,,,,,, Subsurface and,....--- ...... .....................__............i4.2 Subsurface Conditions,4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ........................ i.2.2 Underground Facilities-- general............................................. _......... 3.3 Not Shown or Indicated.. ..... -..... . . .........4.3.2 Protection of.........................................4.3, 6.20 Article or Paragraph Number Shown or Indicated_ 43.1 Technical Data ............................................... t 2 2 Preconstruction Conference.......................................2.S Preliminary vlatters, .... _........... -' Preliminary Schedules .............................................. 2.6 Premises, Use of ............................................. ......... Price, Change of Contract...._ .................................... tl Price. Contract --definition of__ ........ ........... ...... . 1.11 Progress Payment; Applications fof................. _........ 14.2 Progress Payment--retainage_,__.__ ,._ 14.2 Progress schedule, CON CRAG TOR s .. 2 6 5, 2.9, 66 629. 104 15.2.1 Project --definition of ......... ......................... . .......... ,.f.31 Project Representative-- ENGfNEER's Status During Construct ion ... ........ .9.3 Project Representative, Residcra--definition of,,._„_„ I133 prompt payment by OWNIER. 8.3 Property Insurance_ Additional ............... ...:................ .................... ..5.7 'enera15.6-5.I0 Partial Utilization.._....._..............._.._5.15, 14.10.2 receipt and application of proceeds,,.__..,.... 5. 12-5,13 Protection, Safety and ..... .......................... - 6.26-6.21, 13.2 Punch list - ......................................._...... ,14.11 Radioactive "Material-- defintion of..................................._:...............1.32. genera14.5 OWNER's responsibility for;,,;,,,,,,,,,, ,,,,, , ,,,,,,,,$.10 Recommendation of Payment,,,,,,,,,,,,,,,,, 14.4, 14.5, 14.13 Record Documents........................................6.19, 14.12 ,. . Records. Procedures for maintmnm.................. .........:2.J Reference Points ............................................._........4.4 Reference to Standards and Specifications of Technical Societies.............................„..,,,,,,,,3.3 Regulations, Laws and(or)......................................6, 14 RejectingDef�ctive Work .......... ................ ................ 9.6 Related Work -- atSite........................................................7.1-7.3 Performed prior to Shop Drawings and Samples submittals review ....................6.28 Remedies; cumulative ... ........................ ....... .._17.4, 1-7.5 Removal or Correction ofDejec6pe Work ... ............ 13;11 rental agreements, OWNER approval required__,. 11.4.5.3 replacement of ENGINEER. by OWNER-___ ...........5.2 Reporting and Resolving Discrepancies- ......... 2.i,3.3.? I.......... 6.1......... 4.2 Reports -- and Drawings ............. _................. ........_...... .a.2.1 and Tests, OWNER's responsibility...... ............ ... 3.4 Resident and Project Representative -- definition of .................................................... L33 provisionfor............................................................9.3 sii E1CDC GENMAL CONDITIONS 1910-3 (1990 EDITION) wl C1TY OF FORT COLLINS MODIFICA nONS (RF..V )l99) I 11 Ll 1 I [1 1 1 I I Article or Paragraph Number Resident Superintendent, CONTRACTOR's................6.2 Responsibilities— CONTRACTOR's-in general..................................6 ENGLNEER's-in general........... I............................9 Limitations on.................................._........,9a3 OWNER's-in general ....................... :................ ..... Retainage............ ............................................ ...14.2 Reuse 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 ....... ._.........---.................. J02 Rights of Way .................... ... ......_...... ....._._.........,.3.1 Royalties, Patent Fees and......................................6.12 Safe Structural [.ending .............. ........ ...... ...... ..._.... 6.18 Safety -- and Protection...............................4.3.2, 6,16, 6.18, ... ......................... .......... G20.6.21, 7.2. 13.2 general .................................................... ti.20-6.23 Representative, CONTRACTORs:.....................6.21 Samples— definition of......................................................1.34 general..................................................... .24-6.28 Review by CONTRACTOR ....................... ........ 6 25 Review by ENGINEER................................6.26, 6:27 related Work.....................................................6.28 submittal of...................................................6.24.2 submittal procedures.........................................6.25 Schedule of progress.............................. . 6. 2.8-2.9. 6.6, . .........................................629, 10A. 15.2-1 Schedule of Shop Drawing and Sample Submittals..............................2.6, 2.8.2.9, 6:2.1-6.28 Schedule of Values..............................2.6, 2.8-2.9, 14.1 Schedules— Adherence to..................................................15.2.1 Adjusting ............................... ........................... 6.6 Change of Contract Times................................. 10.4 Initially Acceptable, ......... ..... ....... ..... .._.....2.8. 2.9 Preliminary ......................... .............._.............2.6 Scope of Changes ...................................... 10.3-10.4 Subsurface Conditions ...................:.......:............ #.2. L 1 Shop. Drawings -- and Samples, general ................................ 6:24-6.28 Change Orders & Applications for Payments, and ............. .... ..... ..... ..... _...._,9.7-9.9 definition of ................. ................................. ....1.:35 ENGLNEF.R's approval of..................................3.6.2 ENGINEER's responsibility for review ..................................... 9.7. 6.24-6,28 related Work...-------......_......................__:.__6.28 review procedures..._............................ ......................... 2,8, 6.24.6.28 Article or Paragraph Number submittal required...............................................624.1 Submittal Procedures ........................................ 6.25 use to approve substitutions............................... ............................. 6.7.3 Shown or Indicated ..................................... :......... a:3.1 Site Access......................................................7.2, 132 Site Cleanliness......................................................0.17 Site. Visits to -- by ENGINEER .......................................... 9.2, 13.2 byothers.........................................................13.2 'special causes of loss" policy form, insurance ....................................................... 5.6.2 definition of . .................................................... 1.36 Specifications— defrnation of ....................... ......... ................... 1:36 of Technical Societies, reference to...................3.3.1 precedence......................................................3.3.3 Standards and Specifications of Technical Societies,,............ 3.3 Starting Construction, More..............................?.5-2.8 Starting the Work ..................... ........... ................. .... .4 Stop or Suspend Work -- by CONTRACTOR............................................15.5 by OWNER.......... I .................... I...... 8.8, 13.10, 15.1 Storage of materials and equipment .....................4.1, 7.2 Structural Loading, Safety........................................6.18 Subcontractor — Concerning ................................................6.8-6.11 definition of ...................................................... 1.37 delays.............................................................12.3 waiver of rights................................................6.I I Subcontractors --in general.................................6.8-6.11 Subcontracts --required provisions ......... .l 1. 6.11. 11.4.3 Subm ittals— Applications for Payment .................................. 14.2 Maintenance and Operation Manuals.............„14.12 Procedures...................................................... 6.2i Progress Schedules...............................I......2.6, 2.9 Samples...................................................6.24-6.28 Schedule of Values.....................................2.6. 14.1 Schedule of Shop Drawings and Samples Submimions......................................2.6, 2.8-29 Shop Drawings ........................................ 6.24.6.28 Substantial Completion-- certiCtcationof, 6322.3, ............................ : 14.8-14.9 definition of. .................................................... 1.38 Substitute Construction Methods or Procedures.....,. 6.7.2 Substitutes and "Or F.qual" Items ................. .............. 6.7 CONTRACTOR's Expense,,,,,,,,,,,,,,,,,, .........¢.7.1.3 ENGINEF.R's Evaluation.......,.,.„_„...„........„_,6.7.3 "Or-Equal"...................................................6.7.1.1 Substitute Construction Methods EICDC GENERAL. CGNDMONS 1910.8 0990 EDMONI w/ CITY OF FORT COLLINS MODIRCATIONS (REV 9/991 Article or Paragraph Number or Procedures ............................................. 6. T 2 Substitute Items ............................................. 6.7.1.2 Subsurface and Physical Conditions -- Drawings of, in or relatug to .................... .....4.2.1.2 ENGNEER's Review .................. ................... 4.2.4. general.............................................................. 4 Limited Reliance by CONTRACTOR Authorized ..................... . .,_422 Notice of Differing Subsurface or Physical Conditions..........................................4._.3 Physical Conditions .................. :.......... I ... I ..... 4.21 2 Possible Contract Documents Change,,,,,,,,,,,,,„ 4.2.5 Possible Price andTimes Adjustments, ............... 4.2.6 Reports and Drawings.......................................2.1 Subsurface and....................................................4.2 Subsurface Conditions at the Site ..................... 4.2.1.1 Technical Data ...................................... :........ :..� Supervision— COINTR\CTOR's responsibility........,.. _....... _. _ _ 6, t OWNER shall not supervise.................................8.9 ENGINEER shall not supervise,,,,,,,,,,,,,,,, 9.2. 9.13 2 Superintendence...................................................... 6.2 Superintendent, CONTRACTOR's resident,..... - ........ 62 Supplemental costs...........................................1-11.4.5 Supplementary Conditions -- definition of.....................................................1.39 principal references to.................1.10, 1.18, 2.2, 23, ...................... .}.2, 4.3. 5.1, 5.3, 5.4, 5.6-=-9, ,,,,,,,,,,,,,, 5.11, 6.8. 6.13, 7.4, 8.11, 9.3, 9.10 Supplementing Contract Documents ........................3.6 Supplier -- definition of ...................................... ...........).40 principal references to ........... �3, 6.5, 6.8-6.11, 6.20, ..........................................6.24, 9.13, 14-12 Waiver of Rights...............................................6.1 t Surely -- consent to final payment ........................14.12, 14.14 F.NGNF.FR has no duty to....* .......................... 9.13 Notification of..................................10.1. 10.5, 15.2 qualification of..............._...........................:?.1-5.3 Survival of Obligations ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,6.34 Suspend Work. OWNER -May .......................13.10, 15.1 Suspension of Work and Termination- ......................15 CONTR\CTOR &lay Stop Work or Term inate...............................................15.5 OWNER May Suspend Work ........... ............. ...... 15.1 OWNER &fay Terminate ............................ 15n-1 i.4 'faxes--Paytnent by CONTRACTOR ........................ 6.13 Technical Data -- Limited Reliance by CONTRACTOR ................. i.22 Possible Price and Times Adjustments ...... ...... .g.2.6 Reports of Differing Subsurface and Physical Conditions....................................4.2.3 xiv Temporary construction facilities- ............................. ] Article or Paragraph Number Term inat ion -- by CONTRACTOR 15.5 by OWNER........................................8.8, 15.1-15.4 of ENGINEER's employment ................ I............. 8.2 Suspension of Work-in general ............................. 15 Terms and Adjectives..............................................3A Tests and Inspections -- Access to the Work, by others ...........................13.2 CONTRAC cKsresponsibilities ......................13.5 cost of 13.4 covering Work prior to..............................13-6-13.7 Laws and Regulations (or),,,,,,,,,,,,,,,,,,,,,,,,,,, , 13.5 Notice of Defects, ...... ... 13.1 OWNER May Stop Work .................. .........13.10 OWNER's independent testing .........................."A special, required by ENGINEER ..........................9.6 timely notice required ....................................... 13.4 Uncovering the Work, at ENGNEER's request ................................... ..............13.8-13.9 Times-- Adjusting...........................................................0.6 Change. of Contract,,,,,,,,,,,,, 9 Computation of, ................................................17.2 Contract Times --definition of ...........................1.12 day.........................................................17.2.2 Nlilcstoncs............................................ Requirements-- appeals.................................................9.10, 16 clarifications, claims and disputes, ................. 9. 11, 112, 12 Commencement of Contract Time$................23 Preconstruction Conference,,,,,,,,,,,,,,,, . ? S schedules.........................................2.6, 29, 6.6 Starting the Work..... .... ................................ 2.4 Title. Warranty of...................................................14.3 Uncovering Work......................._...................,13.8-13.9 Underground Facilities, Physical Conditions — definition of....................................................1.41 Not Shown crIndicated...................................4.3.2 protection of—...........................................3.3, 6.20 Shown or Indicated4.3.1 Unit Price Work -- claims ............................................. I.1.9.3 definition of .................................................... 1.42 general11.9, 14.1. 14.5 Unit Prices-- generall1.3.1 Determination for ............................................. R.10 Use of Premises................................6.16, 6.18, 6.30.2.4 Utility owners.............................6.13, 6,20, 7.1-7.3, 13.2 Utilization, Partial...................128. 5.15, 6.30.2.4. 14.10 ork........... ..:..... ................... Value of the Work. " ' ... ...... ..11.3 Values, Schedule of...............................2.6, 2.8-2.9. 14.1 EX13C GENMAL COMATIONS 1910.8 (1990 EDITION) ev/ CITY OF FORT COLLINS MODIFICATIONS aRF.V 9f99) FJ 1 FL I 1 I 1 1 1 1 1 1 1 1 1 L 11 1 1 r� 1 1 1 Variations in Work --Minor Authorized_ ................................._:.. 625, 6.27, 9.5 Article or Paragraph Number Visits to Site --by ENGIVEER.................................... 9.2 Waiver of Claims --on Final Payment,.................... 14.15 Waiver of Rights by insured parties..................5.1 I, 6.11 Warranty and Guarantee.. General --by CONTRACTOR ............................................... 6.30 Warranty of Title, CONTRACTORs....................... 14.3 Work -- Access to ..... ,.......... ............................................ 132 byothers ............................................................... 7 Changes.inthe................. ....... ............. ......... :...... 10 Continuing the..................................................0. 29 CONTRACTOR May Stop Work or Term inate...............................................15.5 Coordination of..................................................7.4 Cost o r thc.................................................11.4.1 1.5 definition of ... .................................................... 1.43 neglected by CONTRAC'COR„........................ 13..14 other Work ............................................................. 7 OWNER May Stop Work _............................._ 13.10 OWNER May Suspend Work .................... 13.10, 15.1 Related,'WorkatSite .................................... 7.1.7.3 Starting the .................... ........... 2.4 Stopping by CONTRACTOR.............................15.5 Stopping by OWINTER.................................15.1-15.4 Variation and deviation authorized, minor ........... 5.6 Work Change Directive— claims pursuant to.............................................10.2 definition of 1.44 principal references to...................,,3.5.3, 10.1-10.2 Written Amendment -- definition of......................................................1.45 principal references to..............1.10, 3.5, 5.10,13.12, ..........................6.6.2, 6.8.2, 6.19, 1O.1, 10.4, ............................1.1.2, 12.1, 13.12.2, 14.7.2 Written Clarifications and Interpretations..................................3.6.3, 9.4, 9.11 Written Notice Required_ by CONTRACTOR ............................ 7.1, 9.10-9.11, .--- ............ ... ........................ 10.4. 11.2. 12.1 by OWNER .................... 9.10-9.11, 10.4, 11.2, 13.14 W E/CDC GENEa,t1. COMATIONS 1910s 0990 EDmON) w/ CITY OF FORT COLLINS MODIFICATIONS IREV 9/99) 1 SECTION 00100 INSTRUCTIONS TO BIDDERS H I 1 mi (this page lelthlank intentionally) FJCDC GENERAL CONDITIONS 1910-5 0990 EDITION) w/ CITY OF FORT COLLINS `CODIFICATIONS (REV 9/99) I 1 IJ 11 1 I 1 1 GENERAL CONDMONS ARTICLE 1--DEFVffTIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof' I.1. Adcknda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement -The written contract hanvmn OWNER and CONTRACTOR covering the Work to be performed, other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application for Pm'm rot -The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. l A. Asbestos -Arty material that contains more than one percent asbestos and is friable or is releasing asbestos fibers. into the air above current action levels established by the United States Occupational Safety and hlealth Administration. 1.5. Bid -The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed.. 1.6. Bidding Docrmrenis-The advertisement or invitation to Bid instructions to bidders, the'Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements --The advertisement or invitation to Bid, instructions to bidders, and the Bid form. I.R. Bonds=Performance and Payment bonds and other instruments of security. 1.9. Change Order -A document recommended by LNGIN-EER, which is sigmed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Docrmrents-The Agreement, Addenda (which pertain to the Contract. Documents), CONTR.4CI'OR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the :agreement, the Notice to Procced, the Bonds. these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EJCDC GENEF-J tL CONDITi0',,Z)' I91" (1990 Erltim) wi CITY OF FORT COLLINS MODIFICA"rioNs (Rhv,1Poo0) saute are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs3.5, 3.6.1 and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawingsubmittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings, referred to in paragraphs 4 2. I and 4.2.2 are not Contract Documents. IAA Conlrocl Price -The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.121 Contract Times -The numbers of days or the, dates stated in the Agreement: (I) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by FNGINEER's written recommendation of final payment in accordance with paragraph 14.13, 1.13. COMMCTOR-The person, fine or corporation with whom OWNER has entered into the Agreement 1.14. defective -An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has.becn damaged prior to ENGNEER's recommendation of frnal payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings --The drawings which show the scope, extent anal character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by L•NGINF:ERand are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Effective Date .of tltz Agreement -The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sigm and deliver. 1.17. ENGINEER -The person, firm or corporation named as such in the Agreement. 1.18. EMOINEER's Cons+dtant--A person firm or corporation. having a contract with ENGINEER to furnish .services as ENGINEER's independent professional :associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions, 1.19. Field Order -A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.3 but which does not involve a change in the Contract Price or the Contract Times. 120. General Requirements —Sections of Division 1 of the Specifications. 121. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section. 6903) as amended from time to time. 1.22.a. Laws and Regulations; Laws or Regulations --Any and all applicable laws, rules regulations, ordinances, codes and orders of any and all governmental bodies, agencies authorities and courts having jurisdiction. 1 22.b. Lezal Holidays --shall be those holidays observed by the Ciry of Fort Collins 1.23. Liens —Liens, charges security interests or encumbrances upon real property or personal property. 1.24. Milesione--A rincipal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice oj.4ward—A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, O�Wi -ER will sign and deliver the Agreement. 126. ,Uonce to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) FL-ing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 1.27. OWNLR—The public body or authority, corporation, associatiort, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilization —Use by OWNER of a substantially completed Hart of the (York for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of ali the Work. 1.29. PCBs —Polychlorinated biphenyls 1.30. Petroletun—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oiL oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non-HazardousWastes and crude oils. 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents 1.32.a. Radioactive Ifalerial—Source; special nuclear, or byproduct material as defined by the Atomic Energy Act of EXI)CGENERALCONDITIONS 19103 (1990E,66MI) ni CITY OF FORT COLLINS MODIFIC.a'nONS (RE•V-1!1000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.32.b. Reenlar Narking Horns -Regular working hou s are defined as 7:00am to 6:00pm unless otherwise specified in the General Requirements. 1.33. Resident Project Repmsentative—The authorized representative of ENGINEER who may be assigned to the site or any part thereof 1.34. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged 1.35. Shop Drawings —All drawings, diagrams, illustrations schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work: 1.36. .Specicationr—Those portions of the Contract Documents consisting of written technical description¢ of materials, equipment, construction systems, standanis and workmanship as applied to the Work and certain administrative details applicable thereto. 137., Subcontractor --An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.33. Substantial Completion —The Work (or a specified part thereof) has progressed to the point where, in the opinion of FNGINEF:R as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with die Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by F.NGfVEER's written recommendation of font payment in accordance with paragraph 14.13. The terms "substantially complete" and 'substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof 1.39. Supplementary Conditions —The port of the Contract Documents which amends or supplements these (ieneral.Conditionu. 1.40. Swpplier—A manufacturer, fabricator, supplier. distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Utulergroterd Facilities —Ail pipelines, conduits, ducts, cables wires manholes vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to famish any of the following services or I 1 i 1 materials: electricity, gases, stems, liquid petroleum products, telephone or other communications, cable television sewage and drainage removal. traffic or other control systems or water. 1.42. Unit Price {Nark —Work to be paid for on, the bnsis of unit prices. 1.43. Work —The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and famishing and incorporating materials and equipment into the construction, and performing or furnishing services and famishing documents, all as required by the Contract Documents. 1.44. Work Change Directive —A written directive to CONTRACTOR- issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition deletion or revision in the Work- or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in pamgtaph4.2 or 4.3 or to emergencies under parngraph6.23. A Work Change Directive will not change the Contract Price or the Contract 'rime-, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on theContract Price or Contract Times as provided in paragraph 10.2 1.45. Written Amendment --A written amendment of the Contract Documents, signed by OWNFR and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengincering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PRELMINARYMATTERS Detivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph S.1. Copies of Documents.* 2.2 OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished upon request, at the cost of reproduction. Commencement of Contract Times; eVotiee to Proceed' 2.3. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, EXI)COENMAL CONUM01M 191M (1990 Ed(iol) w/ CITY OF FORT COLLI NS MODIFICATIONS (REV •12000) if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days slta the Effective Date of the Agreement.-r_ .a,_ r•,._,_„_. T:_._. c�tnmence-lartsrlalee-then-Flarsittiedt-clay--ellnr--tan-day of=Bidoprning or-the-thi rtiith-dey-after-the-EtFeetive•Dete oFlhe-rtgreemrnkwhichevar-daft is earlier: Starting the Work: 14. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run. Bejme Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent. figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to EN(?INFER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with an • Work affected thereby; however, CONTRACTOR shall not be liable to OWNFR or FNGINF,F,R for failure to report any conflict, error, ambiguity or discrepancy in the Contract Da;uments, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the .agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preluninory progress schedule indicating the times (numbers ofdays or slates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals- which will list each required submittal and the times for submitting, reviewing and processing such submittal, 2.6.2.1. In no case will a schedule be acceptable which allows less than 21 calendar days for each review by Eneineer. 2.6.3. A prcliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component (warts in sufficient detail to serve as the basis for progress payments. during construction- Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is stared CONTRACTOR and (A%WPR, shall eaeh deliver to the etheF OWNER. with copies to c h additienal ingiRd ideatiGad-i"ENGINEER certificates of insurance (and other evidence of insurance may reASRHA ;, FequeA requested by OIW.NER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs S.4-56 and-5-7. Preconstruction Conference: 2.8. Within twenty days after the Contract Times start to run, but before anv Work at the site is started, a conference attended by CONTRACTOR, ENG rNEER and others as appropriate will be held to establish a working understanding among the parties as to .the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling ShopDrawings and other submittals processing Applications for Payment and maintaining required records. Initially Accepmble Scheduler. 2.9. Unless otherwise provided in the Contract Documents, at least tan do -f9Fe submission ef the Fff-st Applieatiea-feFPayme it before any work at the site begins, a conference attended by CONTRACTOR, FNGINFF,R and others as appropriate designated by OWNER, will be held to review for acceptability to ENGfNFER as provided below the schedules submitted in accordance with paragraph2.6. and Division 1 General Requirements. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. 'rho progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified -Milestones and the Contract Times, but such acceptance will neither impose on LNGIN -R responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTR\CTOR from CONTR\CTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR's schedule of values will be acceptable to LNGLNEER as to form and substance. ARTICLE 3—CONTRACT DOCUMENTS: INTENT, A-MENDLNG, REUSE Intent: 3.1. The Contract Documents comprise the entire agreement between OWNM and CONTRACTOR concerning the Work. The Contract Documents are complcmemary: what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to EXI)CGENERAL CONDITIONS 1910-3 (1990 Editiaa) wl CITY OF FORT COLLINS MODWICAT10NS (RriV •I12000) describe a functionally, complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended resultwill be famished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in Paragraph 9.4. 3.3. Reference to Smndardr and SpecifrcaSons of Technical Societies; Reporting and Resolving Discrepancies: 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of openin* of Bids (or, on the Effective Date of the Agreement of there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. IC during the performance of the Work, CONTRACTOR' discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or betw•eem the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 65, CONTRACTOR shall report it to ENGINEER in writing at once, and CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorisd by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6, provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for to ilure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have (mown thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6. the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or I 1 F' 1 1 1 1 1 1 �1 1 1 1 1 1 1 1 1 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ONGINEER, or any of their subcontraetnrs, corsultanu, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, FNGINEF.R or any of F,IvGNEFR's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3.3. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as 'approved" or terms of like effect or import are used, or the adjectives "reasonable". "suitable", "acceptable". "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement. direction review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents tnnentting and Supplementing Contract Documents 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work. or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment. 3.5.2. a Change Order (pursuant to panigraph 10.4). or MM OENMAL CONDITIONS I910-8 (I'MO Ed inU rv/ CITY OF FORT COLD NS MODIFIC.AT1ONS (REV 111000) 3.5.3. a Work Cfamge Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Documents may be supplemented. and minor variations and deviations in the Work may be nuthorized, in one or more of the following ways: 3.6.1. AField Order (pursuant to paragraph 9.5), 3.6.2. ENGNEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27). or 3.6.3. ENGINEER's written interpretation or clarification (pursuant to pamgmph 9.4). Reuse ojDocunnents: 3.7. CONTRACTOR. and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any tide to or ownership rights in any of the Dmwings, Specifications or other documents (or copies of any thereof) prepared by or hearing the seal of ENGNF.ER or FNGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on ext msions of the Project or any other project without written consent of OWtiTsR and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4-AVAILABILITY OF LANDS; SUBSURFACE AM) PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents; the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR tjporrreasonablawTittzn-r;gttzst; stm tram znt-o6record-lags {-titlannd-lagn (,desceiptiottoFtha Inndls-upon-which-[tie-Work-is-to-b�pzrCurmed-and O W NERa-interest-therein-as-neceswry-Cor-giv irtg-notice o[-or-fi ling-n-mzehartics-lizn-ttgninst-such-Innds-inn applicabletwuordmea with ,._.r^ d Peg, ^Wiens OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, furless otherwise provided in the Contract Documents. If CON P-ACTOR and OWNER are [arable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNFR'S furnishing these lands, rights-0F way or easements, CONTRACTOR may make a claim therefor as provided in Articles II and 12. 1 I CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. J.2. Subsurface and Physical Conditions, 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of 42.1-1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.12. Physical Conditions Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.2.2. limited Relimnce by C0:V7R4C7VR Authorized., l'zchnical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings arc not Commits, Documents. Such'techniml data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER., ENGINEER or any of ENGINEER's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACfOR's purposes, including. but not limited to, any aspects of the moans, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 422.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Diertng Subsurface or Plrysieal Condition: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either. 4.2.3.1. is of such a nature as to establish that anv "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2 2 is materially inaccurate, or 4.2.32. is of such a nature as to require a change in the Contract Documents, or 4.1_.3.3. differs materially from that shown or EX13C GENERAL CONUITIONS 1910-3 (1990 Et iti6i) wTITY OF FORT COLLI'S MOO1FIC.4TION5 (RLV -112000I indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differa materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. EVGLVEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNERs obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGUNEER's findings and conclusions. 4.2.5. Possible Contract Documents Change: If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3. a Work Change Directive or a Change Order will be issued as provided in Article 10 to retlect and document the consequences of such change. 4.2.6. Possible Price mud Times Atkustments. An equitable adjustment in the Contract Price or in the Contract Tunes, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR's cost of, or time required for performance oC the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through4.?.3-4, inclusive; 42.6.2. a ch:mge in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 119: and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4,2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR mad, a final commitment to OWNER in respect of Contract Price and Contract Times by the 1 1 1 I I I ' submission of a bid or becoming bound under a negotiated contract; or 42.6.4.21. the existence of such condition could reasonably have been discovered or revealed as result of any examination, iiwestigation, exploration, test or study of the site and contiguous ' areas required by the Bidding Requirements or Contract Documents to be conducto d by or for CONTRACTOR prior to CONIRACTOR's making such foal commitment; or ' 4.2.6.4.3-. CONTPLACCOR failed to give the written notice within the time and as required by paragraph 4.2.3. ' If OWNER and CONTRACTOR are unable to agree on entidement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract 'times, a claim may be made therefor as provided in Articles I I and 12. However, OWNFR,.ENGFNFFR and ' ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, cows, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project ' 4.3. Phtsicat Conrffnons—Underground Facilities: 43.1. Shown orinIcated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or ' contiguous to the site is based on information and data furnished to O\Wi F.R or ENGTNEER.by the owners of such Underground Facilities or by others. unless it is othenviw expressly provided in the Supplementary Conditions: 43.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.7. The cost of all of the following will be included in the Contract Prix and CONTRACTOR shall have full responsibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents,(iii) coordination of the Work ' with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. ' 4.3.2. :\rot Shwu,; or huhcateik If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents. CONTRACTOR shall. promptly ' immediately after becoming aware thereof and before further disturbing conditions .affected thereby or Performing any Work in connection therewith (except in an emergency as required by paragmph6.23). identify the owner of such Underground Facility and ' ExDccenIUl.v, conotnovs 191" (lrgo Edtitm) wt (l rY of roar cvt.uas MODIFICATIONS taco 4a000) t give written notice to that owner and to OWNER and LNGMER ENGINEER will promptly review the Underground Facility and determine the c.dcm, if any, to which a change is required in the Contract Documents to reflect aril document the consequences of the existence of the Underground Facility,. If ENGINEER concludes that a change in the Contract Documents is required. a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such corsequences. During such time. CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as rovided in paragraph6.20. CONTRACTOR steel! may be allowed an increase in the Contact Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been cxpccted to be aware of or to have anticipated If OWNER and CONTRACTOR are unable to agree, on entitlement to or the amount or length of any such adjustment in Contract Price or Contmct •rimer, CONTRACTOR may make a claim therefor as provided in Articles I I aril 12. However, O\Wi F.R, ENGINEER and FNI GTNEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or dantagcs incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Pointe 4s1. OWNER shall provide engineering surveys to estahlish reference points for construction which in ENGINEER's judgment. are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point is. lost or destroved or requires relocation because of necessary changes in gods or locations, and shall be responsible for the accurate replacement or relmtion of such reference points by professionally qualified personnel. 4.5. Asbestos, PCB.v, Petroleum, Hazardous [Game or Radioactive Material:. 4.5.1. OWNER shall be responsible rot any Asbestos, PCBs, Petroleum, FFazardous Waste. or Radioactive wfaterial uncovered or revealed at the site which was .not shown or indicated in Dmwinizs or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or proppeerty exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else Cor whom CONTRACTOR is responsible. 4>-^—C-4h�t-'FR.46TOR �tal!-immadiata}yL()-stop all and NIS required by W 3F12- Paragraph- Osuch-mica-irt-writbw,—OWt%;PR-shaIhproniptly corenl!-with-EYGI4EEIt-conreemiry; the-rtaassny-Cur G\V^i ER to-retain-a-quahfied-expert-to-evaluata-such may. 60c�FpR.46GOR-shall-not-be-required-to rawmrWork sash-atlesketl-e en regrlved-permits-related-thereto-end-dehvsad-to ling that-such-condiEiorland-angelFesta&cat-:^ ^ -- � T. 4-5.3 If ^n.. pt Of _ GOi\FFRA-T-0R-do�,,rax-ograa-to-rasuina-wch-work condiriorts�than-0LY: iF,'f�ma}ordar�uc4t-poaton-of tHa-N'era�--w:2�.rR�omRa.i,. With 9 Ph' 14AM.a,. A. A., M area to be deleted front the i.Ved- if 91ANCD and CONTR \CTOR cannot agree -as to entitlement -to or-due-antwnt-or-extent-of nn as,resuh',�.orz,ror.- ri. .hen either-poft ,niay-make-a-claim-therefor-as-provided-in ] portion-o�tha-Work-perfonttad-bv-Otl�1�F�s-oµ n foreesor-odtarsirtaccordanca-with-r\rtiela-7- s dcos-arai Regulmiorc-s-OF.R- WWtll-indamn ai fy-nn-hold harmle� 60?V-TRt\GCOIIC—SuM;exttmstors; the officers. directors--employees—agents—other area Ittmts-turd-subcontractors-ot=each-Emd-any-of them-Cron-and-agairek-all-croons-eusl�lossas-oral da magas-arisiltg-ouF-of-or-resulting-from-such siulmess, disease Of jdat�, or -I imiiipy rear it cost-la.;s-or-deme�e-is-attributable-tu-hdi{y-injury; Of 10 PFQP (Otherrihu--l\rurl: including-the-Irrs-of-use-rasultino therefrom-tmd (ir)nothit� in-thiv-snbtxaragraph-dS:i-shalt-obligate O W NfSR-to-indemnify-any-person-or-entity-Gom-rind egair -Ek sExtsagekaets-ot-that- l�nt}s-aF•-e 6tyts own n gligence. EJCDC GENEt.A.L CONDITIONS 191M (1990 E, itim) ui CITY OF FORT COLLINS MODIFICATIONS (MV 417000) ARTICLE 5-BONDS AND L`ISURANCE Per(brmmnee, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance aril Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all COM-RACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract. Documents. COITI'RACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the. Contract Documents except as providod otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Government Financial Operations, U.S-Treasury Department All Bonds signed by an agent must be accompanied by a c�Ttified copy of such agent's authority to act- 5.2. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONI'R:\CTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OW ER- 5.3. Licensed Sureties and Insurers; Certificates nj Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duty licensed or authorized in the jurisdictionin which the Project is located to issue Bonds or insurance policies for the limits and coverages so required Such surety and insurance companies shall also meet such additional requirements and qualifications as maybe provided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with pamgaph 54. OWNER -shall dew. to nnwrro C-TO R with Copies to eauh C sdtlitiunet-insured-identified-clothe-Supplamemary eFlde ttt5af regatFrd-Fe-purslaesr And Mai COATR•ICTOR'sLiabifiry Insurance: 5.4. CONTRACTOR shall purchase and maintain such ' liability and other insurance as is appropriate for the Work being performed and famished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOWs other ' obntions under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or famish any of the Work, or by anyone for whose acts any of them ' may be liable: 5.4.1. claims under wakens' compensation, disability benefits and other similar employee benefit acts; ' 5.4.2. claims for damages because of bodily injury, occupational sickness or disease, or .death of CONTRAc TOR's employees; ' 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; a4-i—ClarrlS-fOFdamagtrinSU(Cd—by-CrSt0i11any c�-i ...tea.... indirectiyiLiated-to-the-employ'menHof such -per:#, -by rn+rro n.-vt+.rm,l�rnd Of (i:) L�-�.• ••nTethaF PeF',gn fOFapj' chef feasen; 5.4.5. claims For damages, other than to the Work itself; because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of instuance sorequired by this paragraph 5.4 ' to be purchased and maintained sha 11: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9,. include as additional insureds (subject to any customary exclusion in respect of professional liability), OWNER: ENGINEER. LNGINEER's Consultants and any other persons or entities identified in the Supplementary Conditiura, all of whom shall be listed as additional insureds, and include coverage fa ' the respective officers and employees of all such additional insureds; 5.4.5. include the specific coverages and be written for not less dun the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 5.4-9. include completed operations insurance; . EXL)C OENER.V. CONDMON'8 19103 t1990 E(fi im) w/cury OF FOR COLU NS MOUIFICAtIONS (REV WNW) 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12.6.16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in, the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance famished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide)-, 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (.and CONTRACTOR shall famish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been roved evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter), OWNER's Liability Insurance: 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's ER's expense OWNER's own liabiliry insurance as will protect OWNTEIt against claims which may anise from operations under the Contract Documents Property Insurance: 3,6. Unless-otherwise-provided-'ur-the- pplementnry Conditions-OLkv-ER-shal l-purchase--and-maintain in the fiffla� opErotl a full replacement-cost-thrraoE'-(subject-to-such deductible-amounts-as-may-be-pwvided-in-tha Supplementary-Condi6o -or-required-by-Laws-and Rc�uln[ions)-Fhtsinsuranca-shall 5:6-1---irtctude—the—intrrrsts—of-UNiNEft; 11iF,L1r56R=sGonsuliems-a^.,�:-a- :y-oti•,rr--prrsor�-oe mF iFies-xlantifaxl-i n-the-Supplamantdry-Eonditions-, ari h•oEtvhom-isdeemed-to-havtan-insurable-interest andfsha Il-ba•hslad iiseminsuradlur-additioria 4insurrdF 56�-6e-written-on-e-Bun Ide>'s-Risk='all-risld=dx open peril eF speoial Gouses of less POWY form that shall at i ism[—mc...... -.,.hido - �IZIJII tlta--tellevvipg perils: fire, lightning,�0"«:god 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. I I cuvrrAga-theft-vAttdAtism--nnd-ma4icious-ktEis6htz€: wmmAtxammt-o�thu-W.xk At-tha-sits-0R4�}Gl�shell-in I 1110YRI, kmelitk) WF4ing- . . aG(HtSi9fled by eftfeMeffient Of LWAS and RegtAiltioflE, iRRIBEHICI hAg� � ppl-6—l�;F�efsr 5:63-include-crprnses-incurred-in-ihe-repair-ix >:F-}-1-0W:"�}E}�ara}COYFR4ETOR-intend-that-all replacemenFoFong-ilsured-property-(includiVbut-not policies-purchased-in-accor(ktnce-with-pAmgraphs->:6 d...-..... ..0 ...I 'architects} .-.'-.-^ Subconwactors—EN(iL-�16FiR-6x'�IE3}N6Elt's and it or Pdrsens OF entities ed _... uip� tobelisted--as. OFAE-9ILOF}idFlOfeFlOn-Il1AF-WA9-Agreed-fO-m-WTIting-by imwed. er-addltionai-IRRIred9-nF ch-tides-And provided-that--materxds-anaequipment-hAve-been nd .h_.e �l dAmngae.-eAttsed-by-Iha-perils-co:=�,�.�by-t by- % in, d;:.,,�,:..mac .._,T a; .�-rouge-the c<: 1...maintained :-..n-.,.. ..H�fwal_paynx�, Fhe-insureds- er-Aekll' made unless otherwise RgFeed to nOWNEo Oil\4 nrTOD and D;GNEEP,1� ith agai st .a6h Other I an the _ E fights G"'?WA and GGNTRAGTOR waive all ,� Fhtrij�dAy w'F;IF2MnfltIC�-IENCA61i-6t.1',-�`• "a,.- ,.n..•:^^^I _ .c 405HRIMee ..dBmageg dife6torn, empicye `t_S-A iRSared-10 wheal efftifieftte h99 bee eatised by, arising out of a-,-,—. Any - 'iR6-GOVd6 -any ether PRIP Appli-:k36.. and -mad Subventractem,' 6m;P166ua:C..CINHrS.D'A ns-may-be-required-by-then-Supplementary-Conditions-or Laws ;nd Regtdaiianx� irtelude die ii1terests CofmltanLs and-nit-other-perscm tw emities-identifed Conditions be listed whiell will 0 QWNSn rn�rro GTOu Sube,«, _.tern L-�ricr�*vcD to .. RN_E.1r.}t.� SEWS CansoltenL�Aad-nny-etlteFpersoris or-anuwes ;anditions, of les e%-and-dmnagas-so-utused. None-of-Ihd-above that UI p12Aeach whom is-deemed-Ea-kwvd-errixiwrAble-inEerrsetnd-s}IAN-ba-Bested-As S"..1...-"�to--a.e-r.g.o".7-po.zT ntalE;-o s_.e_ ..aiveFtnAy-have-ie-thee-t------ds-ot• Art-irsuFed-Ar-Additional iesared, as os:ae-or-otherwise poyable-under-arty-policy-so-issued: other -evidence --thereA Fegwr..e�t�,,. ' .. _ ..,rp��hm^�.I_o:.d c:FHLFn--eckliEion,-Q 4`NE waives all Eights maintained-by-OWlER-ir1-accordame-witli-pomgmphs-T6 against—COri,FFRAC�FOpG v1," bcontmctors; COVemgd-afforded-Will-not-be-CAnCe112d-0E-mnieFlAlly acicrcord officer-�,-directers-employees-And-AgenEs-of-Any-of changed-oFrenewal-refEi.Sed-unti"t-least-thirty-dayYprtfN them -for: I written-notice-has-beert-given-to-OWNER-and whntn-a-certificate-ol-irsumnerhns-been-issued-and-will of-use--or-mheF-consectuenti o{-lass-exteraling contain—waive/=provisions—in—Aecordan:A—with .beyo!id-direct-physical-loss-OF•-damage-to the Of Ar sing-oui of -or ras lting4otn-fire•eFotheF.perik 5.9. OWNER shall not be responsible for ptuchasing whether-or-rtot-4tswed-bv-OW'NTiR; and and maintaining any property insurance to protect the interests of CONTRACTOR Sub ontmetors or others in >-4-1 ^_:_'. Icss-or-damoga-to-the-completed aused byarising eut of aF SrnayClitior s=Fhrrisk crC �identfied-in-ho ! It llleFimured peri{ covered by h_as suffering •r such-loss-and-if-any-of:them-wishes-property-insttmnea 6uFAPlet durin,—portiAl—utilianion—pursuant—to coveregrwithin-the=limits-uFsueh-amounts-each-may pars•_aaph-14.10,-aRehSubstantial-Completion purchasenfal-n1AlntFlkn-IEAE-tlitrpA[cll[15Cf'SUw'ntltipenl'M. pUF5ItE1nEEo-pE4FFlg[Elp{1-I4:$-or-at}er^IIMI-pflymtlnE ptlEsuaflvua-pamgnlplt-F4:F3: >:}(l—}F 60t�FFR-�(�FOR-requests-irt-writit>;-that-other speuial.. inuluded in the property iffiufanu per:.,. OF Under PHFHgFH* iny-'tnsuFansd poliay maintaned by 0"4,TD cc%- fiFkg aRY . s .,. Nl\rrD \r`TOD _ previs.__-.,..r;.n-.she-� ��.. .{.. .. ..r .. ..r .. h I.... ,i.....age ,. FhCft`Of will -bll-GI........I by Change Order or tt!.:n- a^..enfbi•.••1•i.�..r.—Prier to su. 60FISa"'ntifl! 1055 the-malFer• willhaveno rights a `�9�` edilial) EJCDC GENE R4kL CONUTIOIN519103 (1990 10 tWr1TY OF FORT COLLINS momFicAmONS(REV -12000) 1 i 1 I I� 1 recovery-aga rust any-cf-GQYFRAGTOIZ-Subcontractors; ens Receipt andAppLication of Insurance Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their ' interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a sep®mle account any money so received, and shall distribute it in accordance with such awcement as the parties in interest may reach If no other special agreement is reached the damaged Wort; shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of lass to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the panics in interest may reach If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers art l-tf n ::vita= interest-.- tEF�-es--ir idusinry-sMlt-giva-t>Firtd- z 4cceptance of Bonds and Insurance; Option to Replace 5,14. le OWNER has any objection to the coverage afforded by or other provisions of the Bonds -or insurance required to be purchased and maintained by the other —pan)- CONTRACTOR.in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objeetin,,- partyshatl- -notify-the:otherperty OW1lER will no "fv CQLJIRrkC.TQR in writing within ten fifteen days a11tr receipt delivof the certificates (or-otheFevidence requested) to OWNER as required by paragraph 2.7. 0;WMR and GG?9FnAr-rnn -lull each pfss,ide t8 the other-such-additional-i iformation-ut-respect-of-insurance provided-tls-Ira-.other-may-raHsontlbly-rayuest—lf-aithar party-does-not-purdtas e- meintarl-all-of-Ute-Barely-and insatrnnea-required--ol-stwh-party-by-tha-GonaacE WOFI�- OF Of iFy—dub-sFkrF-parFv--in tvrttir�-oEsuch-failure-Eo-purc}tasa-peiui-to-thlrsuttt-oFthe Inn-reclttirecLwve.�ge. r`r—..-..:.a..t-F.xjuc6si+-t�Hny-outer-right DFrtlmtldy-ttie!-Ol}W Fpary-mFly-2ltlCt-FO-t)blHtn-tlgUlVHlenit Burulstx-irisurarw�-lapru[cv:t-such When-patty's-interestsat. the-axpetsn-of theparty-who-was.raqurrd-to-provide-such GonEract-Prico-accordirrely: Partial Utilization-ProperryInsurance: 5.15. if OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EXI)C UENE•RAL CONDITION'S 1910-811990 Edtimj w/a rY OF FORTCOLLINS XIOD119CATIoNSIRLVa2000F Completion of all the Work such use or occupancy may be accomplished in .accordance with paragraph 14.1Q. provided that no such use or occupancy shall commence Ix Coro the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the -property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. AITUCLE 6-CONTRACTOR'S RESPONSIBILITIES Supendsien and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the meanss,. methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible ror the negligence or others in the design or specification of a specific means, method- technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to sec that the completed Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ]ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR All communications to the superintendent shall be as binding as if given to CONTRACTOR Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified perscrinel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents. all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. CONTRACTOR shall submit requests to the ENGNEER no less than 48 hours in advance of anv Work to be performed on Saturday. Sunday. Holidays or outside the Regular Working Hours. 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full nesporsibilit-v for all materials, equipment labor, transportation, construction equipment and machinery, tools, appliances fuel, power, light- heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.4.1. Purchasing Restrictions: CONTRACTOR must comply with the Cilv's purchasing restrictions. A copy of the resolutions are available for review in the offices of the Purchasing and Risk Management Division or the City Clerk's office. 6.4.2. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement ro cc'" v that the amen[ was not made in cement kilns that bum hazardous waste as a fuel. 6.5. All materials and equipment shall be of good quality and new; except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall. be applied, installed, connected, erected used, cleaned and conditioned in accordance with instructions of the applicable Supplier, creep[ is otherwise provided in the Contract Documents. Progre-w Schedule 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph .2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGNEER for acceptance (to the extent indicated in pamgraph2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or fvlilestones). Such adjustments will conform generally to the progress schedule then in effect ,md iddiliohally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjusunents may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or -Equal" Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description EXI)C cEN'MAL CONIxnoNS 1st lost a av(lEdAia,) 12 w/ CITY OF FORT COLLIMIMOINFIC.ATIONS(MV 112000) contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1. 'Or -Equal". If in ENGINEER's sole discretion an item of material or equipment proposed by CONI'RACfOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required it may be considered by ENGNEER as. an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for amcptancc of proposed substitute items. 6.7.1.2. Substitute hens: If in INA GNEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a proposed substitute item. CONrRA(.TOR shall submit sufficient information as provided W-ow to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that tamed and an acceptable substitute therefor. The procedure for review by the ENGNEER will include the following as supplemented in the General Requirements and 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 F.NGNEER from anyone other than CONTRACTOR If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall rust make written application to EATGr=- for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, b e'similar in substance to.ttwt specified and be suited to the .:nine use as that specified The application will state the extent, if anv, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with O1NER for work on the Project) to adapt the design to the proposed substitute aril whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated The application will also contain an itemized estimate of all costs or credits that will result diroetly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected 11 11 by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. Eli IGINEER may require CONTRACTOR to furnish additional data about the proposed substitute 6.7.1.3. CON R-0CTOR's Gvpense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense. 6.7.2. Substitute Construction Nfedtods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method techraquc, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER in ENGINFER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will b; similar to that provided in subparagraph 6.7.1 _. 6.7.3. P.ngineer'.r Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7:2. INGI TEER will be the sole judge of acceptability. No "or -equal. or substitute will be ordered, installed or utilized without ENGINEMs prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGNEER and sE'A GINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1 2 and. 6.7.2 .and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEE2's Consultants for evaluating each such proposed substitute item. 6_g. Concerning Subcontractor, Suppliers and Others: ' 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ' LNGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to fumish or perform any of the Work against whom CONTRACTOR has reasonable objection. ' EICDCGENFIL4L CONDITIONS 19103 (IM Edtim) w! rm OF FORT COLLINS NIODIFICT'rioNs (REV-IR000) 69. CONTRACTOR shrill xrfomt riot less than 20 percent of the Work with its own forces Ibat is, without subcontracting). The 20 percent equirement shall be understood to refer to the Work trhe value of which totals not less than 20 penxnt of the Contract Price. 68.2. Bidding Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNER in -advance -of -the -specified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENIGNEER—and—if 0 OWNER's or FNGINEFP''s acceptance (either. in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any-such-Subeentracter-Su EIF,R I -the bnsi. et'-.=asaaae-objection-stint-dua- invest igotten = 8--ptable uhstrule,—the can net Fp icewillb toned b)` such-substitution-and-an-appropriate-6htingtOrdeF will be issued or Wfitten AntendmeM, signed. will constitute a condition of the Contract requiring the se uof the named subcontractors, supplirs ea other personsor organization on the Work unless prior written approval is obtained from OWNER and HNGINF.Et. No acceptance by OWNER. or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject ckjective Work. 6.9.E CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all ads and omissions of the Subcontractor-,, Suppliers and other persons and organizations performing or hlmishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor. Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. OVNER or ENGINEER may furnish to anv subcontractor; supplier or other a son or organization evidence of amounts paid to CONTRACTOR in accordance with CONTRACTOR'S "Applications for Pavment". 7 L 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors. Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall require all Subcontractors. Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with the LNG =- -R through CONTRACTOR 6.10. The divisions and sections of the Specifications and the identifications of any Dmwings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work perfbrmed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable temts and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Whenever anysuGh neyeemew pfiffigiFflPhS 5.6 OF 5.7, .e_ bOtWeea+--the 004TRr\GTOR-arid-the-Subcea W mtor-ur-Supplier-will "tt Supplier .,u .:,.a,... nn--- rn�rroer••rno c r�co SNGII��yn,��rccu�c onsultant5-and-all--other ttused-by; -petits- covered .by suciFpelteier end-enY"atHeFpropeRy'tnsatranarnpplimbleto the -Work —if -the insurers-on-any-such-palicias-agmre he- mn�- Patent Fees and Royalties: 6.12, CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design. process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENG iNTE•R its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the Fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnifv and hold harmless OWNER ENGINEER ENG11 TEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any ia& gcment of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents. EJCDC OENEILAL CONUT! ON5191" (1990 El ititn) 14 w/ CITY OF FORT COLLINSMODIFICATIONS(REV420001 Permits. 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all govemmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids. or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees 6.14. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to. furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR'a compliance with any laws or Regulations, 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages mused by arising out of or resulting therefrom; however; it shall not be CONTRACTORS primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulation-, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. Taxes 6.15. CONTRACTOR shall pay all sales, consumer. use and other similar tares required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the plate or the project which are applicable during the performance of the Work. 6.15.1. OWNER is exempt from Colorado State and local sales and use nixes on materials to be permanently incorRgmted into the Mroj_ect. Said taxes shall not be included in the Contract Price. CONTRACTOR must apply for, and receive, a Certificate of Exemption from the Colomdo Depunment of Revenue for construction materials to be phvsicrlly incorpomled into the project. This Certification of Exemption. provides that the CONTRACTOR shall neither ruy nor include in his Bich Sales and Use Tarts an those building and construction materials ohvsically incomorated into the protect. Addrets: Colorado Department of Revenue State Capital annex 11 1 1 t1 u [1 1 1375 Sherman Street Denver, Colomdo 80� 261 Sales and Use Taxes for the State of Colorado. Re--ional Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and arc included in the Certification of Exemption - All applicable Sales and Use Taxes (including State collected taxes), on any items other than construction and buildire materials physically incorporated into the project are to be paid by CONTRACTOR and are to be included in appropriate bid items. Use of Prennisec 6.16. CONTRACTOR shall confine conswction equipment, the storage of materials and equipment and the oopperations of workers to the site and land and areas idmtiLezl in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, .rights -of -way, permits and casements; and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or arcs, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the clairn by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless O\Wi ER, LNGWEER, ENGDJEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER. ENGMEER or any other parry indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of.the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials rubbish and other debris resulting from the Work At the completion of the Work CONTRACTOR shall remove all waste material% rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any, part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: EJCDC CIENU AL CONDI1101M 1910-8 (1990 Ed im) w/CITY 01;PORT COLLI MMODIFICATIONS(REV d20001 6.t9. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives,. Field Orders and written interpretations and clarifications (issued pursuant to: pamgrapIt 9.4) in good order and annotated to show all changes made during construction These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGNEER for reference. Upon completion of the Work, and prier to release of final payment, these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precaution and programs in connection with the Work. CONI'RACCOR shall take all necessary precautions for the safety oL and shall provide the necessary protection to prevent damage, injury or loss to: 620.1. all persons on the Work site or who may be affected by the Work; 6,20.2. all the Work and materials and equipment to be incorporated therein. whether in stomge on or off the site: and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walk% pavement% roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction. for safety of persons or property or to protect them from damage, injury or lass; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Undergrotmd Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any propcny referred to in paragraphs 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or tumish.any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGNF--R or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part to the fault or negligence of CONTRACTOR or any Subcontractor. Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work Li completed and ENGINEER has issued a 15 notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. SafM Representative: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safely precautions and programs. Hazard Communication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other haTard communication information required to be made available to or exchanged between or among employers at the site in accordance with laws or Regulation& 6 mergencie 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorisation from OWNER or FNGINEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CON'I'RACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused therebv. If ENGINEER determines that a change in the Contract Documents is rewired because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action 6.24. Shop DrawingsandSantples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 29). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.242. CONTRACTOR shall also submit Samples to LNGTNEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material. Supplier. pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal far the limited purposes required by pamgaph6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures: 6.25.1. Before submitting each Shop Drawing or Sample. CONTRACTOR shall have determined and verified: 6.25.1.1. all Geld measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, analog numbers and similar information with respect thereto, 6.25.I2. all materials with respect to intended use,. fabrication, shipppping, handling, storage, assembly arul irtstallauon pertaining to the performance of the Work, and 6.25.1.3. all information relative to CONfRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.252. Each submittal will bear a stamp or specific written indication that CON f ACTOR has satisfied CONTR\CTOR's obligations under the Contract Documents with respect to CONTRACTOR'% review and approval of that submittal. 6.253. At the time of each submission, CONTRACTOR shall give ENGINEER" specific written notice of such variations, if any, that the Shop Drawing or Sample. submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal: and, in iWilion shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGNEER for review and approval of each such variation 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGINTE 's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information 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. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of 1 1 1 1 i 1 UMC GENEt.1L CONIXTION519103 (1990 Edition) ' 16 wIC'[ rY OF FORT COLLMMODIFIC.arioNs(REv-0ROoo) I L [I [1 construction is specifically and expressly called for by die Contract Documents) or to safety precautions or programs incident thereto. The review and approval, of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corectiore required by ENGINFER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples forreview and approval. CONTRACTOR shall direct specific attention in writing to ,revisions other than the corrections called for by ENGINEER on previous submittals. 627. ENG[NEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR Gom responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGLx1EER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written. approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph2.9, any related Work performed prior to ENGINEFR'S review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Condauingthe Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree. in writing. 6.30. CONMICTOR's Ceneral [64rranty and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGNEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage causes! by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other thin CONTRACTOR Subcontractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in EXI)CceNULAL coNDt ONO 1910s (1990 Edtim) wt CITY of rota cote rs stontnc,t'rtons (at:v,taoa,) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGLNEER; 6.3023. the issuance of a certificate of Substantial Completion or any. payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6.302.5. any acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13: 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. any correction of affective Work by OWNER. /ndenrnifcation: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims; costs, losses and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys and other professionals.and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting front the performance of the Work, provided that any such claim, cost, loss or damage:- (i) is attributable to bodily injury, sickness, disease or death or to injury• to or destruction of tangible property (other than the 1Vork itselt), including the loss of,use resulting therefrom, and (6) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by anv of them to rz:rform or furnish any of the Work or anyone for whose acts any of them maybe liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In any erect. all claims .against OWNER or 1NGNECR or any of their respective consultants, agents, officers, directors or emtplgvees by any employee (or the. survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by 17 11 any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under worker' compensation acts, disability benefit acts orother employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph6.31 shall not extend to the liability of ENGINEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Sunnyl of Obligatfon• 6.34. All representations. indemnifications, warranties and guarantees made in required by or given in accordance with the Contract Documents, as well as all cominuing obligations indicated in the Contract Documents. will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement ARTICLE. 7--OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to COMB\CTOR prior to starting any such other work anal (ti) CONTRACTOR may make a claim therefor as provided in Articles.I I and 12 if CONTRACTOR believes that such performance will involve additional expetase to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNER's emplo)ees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs Unless otherwise provided in the Contract Documents. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting- excavating or otherwise altering their work and will only cut or alter thew work with the written consent of ENGEVEER and the others whose work will be al%ettd. The duties and responsibilities of CONTRACTOR tinder this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable E IMC GENFILIL CONIH11ONS 1910-S (1990 E6 ima) Is IV/CITY OF FORT COLLIMSIOIAFICd110NS(REV J¢000) provisions for the beaiefit .of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any pan of CONTRA(-TOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall vaspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of COMRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. (:oarr6nation: 7A. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such authority and responsibility will be itemized: and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination ARTICLE 8—OWNER'S RESPONS@ILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGUEER U. In case of termination of the employment of Ira IGI`i IGER, OWNER shall appoint an engineer against whom-Cf9NTRACTOR—makea-no-rcasormble-object im whose status under the Contract Documents shall be that. of the former ENGINEER 83. OWNER shall fumish the data required of OWNER ER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing cngmccrmg surveys to establish reference points are set forth in paragmphs4.1 and 4.4. Paragraph4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and dmwings of physical conditions in existing I 11 [_1 11 1 1 structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. basin ..8nd maintaining liabihNenee-are-set fordt-in-pam graphs3-f Ihrough3-1 {)- 5.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 3.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 3.8. In connection with.OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. s.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. in n�� W �sib.4t 4n-respeel-olundiselosed ns -a6r, n.^ i.. _rniam�..oe..—Ilm ;:'aeB�Wastd--C.f Radioactive Materials ed.or--r..-'<. �Ic�.-a�thr� . rth——paragmp *-: 8.11. if mid to.the ext.! inrush rn� � ,-,fro. - 'IdanGe--thaCFlaneln± arrangements-hava-bent-mnda-to-st[isfy-0V4'�zER's . rasponsibility-tit-respect-thareot=will=ba-as-saFforth-urtlta Suppkm entary-Conditions: ARTICLE 9-FVGINEF.R'S STATUS DURING CONSTRUCTION ORNER's Representative: 9.1. ENGINEER will b; OWNER's representative during the construction period. The duties and responsibilities and the limitation .of authority of ENGINEER as OtWi ER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent (if OWNER and ENGINEER I•isits to Site: 9.2. ENGINEER will make visits to the site at intervals - appropriate to the various stages of construction as ENGIN-EER deems necessary in order to observe as an e-\perienced and qualified design professional the progress FXMC OENER.IL CONDITIONS 191" (19" Edual) w! CITY OF FORT COLLI, 6 momncxr[ONS (FLEV •12000) that has been made and the quality of the various, aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations. ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGM-E-R's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on, site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against &fectn•e Work. ENGINF,ER's visits and on -site observations are subject to :all the limitations on ENGINEER's authority anal responsibility set forth in paragraph 9.13, and particularly, but without limitation during or as a result of ENGIAER's on -site visits or observations of CONTRACTOR's Work ENGNEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR'S means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws. and Regulations applicable to the furnishing or performance of the Work. Project Representative: 9.3. If OWNER and Ea IGINEER agree, ENGINEER will firmsh.i Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work- The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs 9.3 and 9.13 n^-c m-z.,•�- Sup*mentary Conditions of these General Conditions. If OWNER designates another representative or agent to represent OWNER at die site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority-_ and limitations thereon of such other person will be as provided in aarrtgraph 93 of these General Conditions If the I NGINF,ER furnishes a Resident Project Representative fRPRI or other assisutnts, or if the OWNER destc, ates a Represenmtive or agent, all as provided in �arauaph 9.3 of the General Coralilions, thew Representatives shall have the authority and limitations as provided in Lragmph 9.13 of the Gcneml Conditionsand shall be subject to the following: 9.3.1. The Representatives dealirP-s in matters pertainirit; to the on ne work will, in general, be with the ENGINEER and CONTRACTOR But. the Representative will keep the OWNER properly advised about such matters. The Representative's dealings with subcontractors will onlv be tlroueh or with the full knowledge and approval of the CONI'IL4C'1'OR 9.3.2. Duties and Responsibilities Representative will. 9.32.I.Schedules - Review the progress IL9 3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE ' 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of ' the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations ' with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. ' 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. ' 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. 1 schedule and other schedules prepared by the CONTRACTOR and consult with the ENGRNEER conecnine acceptability. 9.32.2. Conferences aryl Meeting - Attend meeting, with the CONTRACTOR such ns preconstruction conferences.prouE ss meeting and other rob conferences and prepare and circulate copies of minutes of meetings. 9.32.3. Liaison 932.3.1. Serve m LNI GLNF.ER'S liaison with CONTRACTOR working principatty through CONTRACTOR'S superintendent to assist the CONTRACTOR in undastandimt the Contract Documents. 9.3.2.3.2. Assist in obtaining from OWNER additional details or information when required, for proper execution of the Work. 9.32.3.3. Advise the F,NGINFF.R and CONTRACTOR of the commencement of aLiy Work requiring a Shop Drawing or smple submission if the submission has not been approved by the R4GINEF.R 9.3.2A,Review of Work ,ejection of zfzctive Work Inspsctionsand Tcsts- 9.32.4.1. Conduct on -site observations of the Work in progress to assist the ENGWEER in determining that the Work is proceeding in accordance with the Contract D(vumcnm 9.3.2.4.3. Accompany visiting inspectors representing public or other agencies hayme jurisdiction over the Proiu;t. record the results of these inspections and report to the ENGRvEE- 9.32.5. Interpretation of Contract Douments. Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONfRACfOR clarili tuun and interpretation of the Comma Documents as issued by the ERGfNEER 9.3.2.0. Modifications. Consider and evaluate CONTRACTOR'S suggestiorts for EJCDCGENEF-A.L CONDInONS lvlos uvao Editiml 20 W CITY OF FORT COLLINS MODIFICATIONS (MV •1l2000) modification in Drawms or Specifications and report these recommendations to ENGINEER. Accunttely transmit to CONTRACTOR decisions issued by the ENGWEER 9.3.2.7. Records. 9.3.2.$. Rzpyts. 93.18.1. 8.1. Furnish EVGRNEER psfiodis roports, as required of the progress of the Work and of the CONTRACTOR'S smpliance with the pSog ss schedule and schedule of shop Drawing and sample submittals. 9.3.2.8.2. Consult with ENGWEER in advance of scheehd_ng_maior tests. inspections or start of impotiant phases of the Work. 9.3.2.83. Draft proposed Change Orders and Work Directive Charges obtaining backup material from the CONTRACTOR and recommend to ENGLNEER Change Orders. Work Directive Changes and Geld orders_ 9.3.2.8.4. Report immediately to ENGNMER and 0W"NE-R the occurrence of anv accident. 9 3 2 9 Pavmcnt Requests Review applications for �raynmcnt with CONTRACTOR for complinncc with the established procedu for their submission and fonvard with recommendation to I ENGINEER notine particularly the relationship of the r>Avinent rtMested to the schedule of values, work completed and materials and equipment delivered at the site but not incorporated in the Work 9.3 2.10. Completion. 9.3?.10.1. 13eforcCNGNEER issues a ' Certificate of Substantial Complztion, submit to CONTRACTOR a list of observed items requirine correction or completion 9.3.2.10.2. Conduct final inspection in the ' company of the ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be corrected or completed. 9.3.2.10.3. Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER coricemine acceptance. 9.3.3. Limitation of Authority: The Representative shall not: 9.3.3.1. Authorize any deviations from the Contract Documents or accept any substitute materials or equi np erne. unless authori;eA�y_QL ENGINEER- 93.32. Exceed limitations of ENGINFER'S authority as set forth in the Contract Documents. 9.3.3.3. Undertake any of the responsibilities of the CONTRACTOR. Subcontractors. or QONTRACTOR'5 superintendent 93.3.4. Advise on. or irate directions relative to or assume control over any=aspect of thz means, methods, techniques, sequences or procedures for construction unless such is specifically called for in the Contract Documents. 9.3.3.5. Advise on or issue directions regardins3_ or assume control over safety ' precautions and programs in connections with the Work 9.3.3.6. Ace Pt SF Op Drawing or same submittals from anvone other than the ' CONTRACTOR 9.3.3.7. Authorize OWNER to occupy the Work on whole or in Part. 9.3.3.8. Participate in specialized field or labomtory tests or inspections conducted by others except as specifically authorized by the I NGIINEM ' Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the ' Etcot: GENERAL CONeno� IVIos (1970 Ec5(ivv) w! LZ'rY OF FOKr COLLINS 3,I0DIFICAI'IONS (REV •1/1000) requirements of the Contract Documents (in the Corm of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times anti the parties are unable to agree to the amount or extent thiereof, if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I t or Article 12. Authorked haria(ionsin Work. 9.5. ENGNF,ER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an ad)"ustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved Promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are tenable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in.Article I l or 12. Rejecting Defictive (York: 9.6. ENGINF.E.R will have authority to disapprove or reject Work which FNGINFER Ixaiewes to be defective, or that ENGINEER believes will not produce a completed project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13 9, whether of not the Work is fabricated, installed or completed Shop Drawings, Change Orders and Pnvnrents: 9.7. In connection with ENGNEERS authority as to Shop Dmwings and Samples; see paragmphs 6.24 through 6.28 inclusive.. 9.8. In connection with ENGINEER's authority as to Charge Orders, see Articles 10, 11, and 12. 9.9. In connection with ENGNEERs authority as to Applications for Payment, see Article 14. Determinations for Unit. Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENIGNEER will review with COMRAcTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 I for Payment or otherwise). Ei tGINEER•s written decision decision, unless otherwise agreed in writing by OWNER ' thereon will be final and binding upon OWNER and and CONTRACTOR CONTRACTOR. unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR 9.12. When functioning as interpreter and judge under delivers to the other and to ENGINEER written notice of paragmphs9.10 and 9.11, ENGMTEER will not show ' intention to appeal from ENGINEF.R's decision and: (i) an partiality to OWNFR or CONTRACTOR and will not be appeal from ENGINEER's decision is taken within the time liable in connection with any interpretation or decision limits and in accordance with the procedures set forth in rendered in good faith in such capacity. The rendering of Exhibit GC AA, "Dispute Resolution Agreement", entered a decision by ENGINEER pursuant to paragraphs 9.10 or into between OWNER and CONTRACTOR pursuant to 9.11 with respect to any such claim, dispute or other , Article 16. or (i) if no such Dispute Resolution Agreement matter (except any which have been waived by the making has been entered into, a formal proceeding is instituted by or acceptance of final payment as provided in the appealing party in a forum of competent jurisdiction to paragraph 14.15) will be a condition precedent to any exercise such rights or remedies as the appealing party may exercise by OWNER or CONTRACTOR of such rights or have with respect to ENGINEER's decision, unless remedies as either may otherwise have under the Contract otherwise agreed in writing by OWNER and Documents or by Laws or Regulations in respect of any ' CONTRACTOR Such appeal will not be subject to the such claim, dispute or other matterEte#tsle-Io. procedures of paragraph 9.11. 9.13. Limitations on E.,\'GIeV£ER's Authority and Decisions on Mvputes.• Responsibilities:_ ' 9.11. ENG WEER will be the initial interpreter of the 9.13.1. Neither [7lGfNFER's authority or requirements of the Contract Documents and judge of the responsibility under this Article 9 or under any other acceptability of the Work thereunder. Claims, disputes and provision of the Contract Documents nor any decision other matters relating to the acceptability of the Work or made by ENGINEER in good faith either to exercise the interpretation of the requirements of the Contract or not exercise such authority or responsibility or the ' Documents pertaining to the performance and furnishing of undertaking, exercise or performance of any authority the Work and claims under Articles 1 I and 12 in respect of or responsibility by F,NGINF.F.R shall create,impose changes in the Contract Price or Contract Times will be or give rise to any duty owed by ENGINEER to referred initially to ENGINF.FR in writing with a request CONTRACTOR, any Subcontractor, any Supplier, for a formal decision in accordance with this paragmph. any other person or organization, or to any surety for Written notice of each such claim, dispute or other matter or employee or agent of any of them. will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (hut in no event 9.132. HNGINFER will not supervise, direct, later than thirty days) after the start of the occurrence or control or have authority over or be responsible for event giving rise thereto, and written supporting data will CONTRACTOR's means, methods, techraqum ' be submitted to ENGINEER and the other party within sequences or procedures of construction, or the safety sixty days after the start of such occurrence or event unless precautions and programs incident thereto, or for any [.� I IINTER allows an additional period of time for the failure of CONTRACTOR to comply with Lmvs and submission of additional or more accurate data in support Regulations applicable to the furnishing or of such claim, dispute or other matter. The opposing party performance of the Work. ENGUEER will not be , shall submit any response to ENGLNEER and the claimant responsible for CONTRACTOR's failure to perform within thirty days after receipt of the claimant's last or furnish the Work in accordance with the Contract submittal (unless F,NGEx'F,F.R allows additional time). Documents. [ENGINEER R will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if 9.13.3. ENGINEER will not be responsible for the , any, in accordance with this paragraph. ENGtNEER's acts or omissions of CONTRACTOR or of any written decision on such claim, dispute or other matter will Subcontractor, any Supplier, or of any other person or be final and binding upon OWNER and CONTRACTOR organization performing or furnishing any of the unless: (i) an appeal from ENI GINEER's decision is taken Work. within the time limits and in accordance with the ' procedures set forth in ExHwi,r GGA, "Dispute 9.13.4. ENGLNEEKs review of the final Application Resolution Agreement", entered into between OWNER and for Payment and accompanying documentation and CONTRACTOR pursuant to Article 16, or (ii) if no such all maintenance and operating instructions, schedules, Dispute Resolution Agreement has been entered into, a 6urtrantees, Bonds and certificates of inspection, tests written notice of intention to appeal from ENGINEER's and approvals and other documentation required to be written decision is delivered by OWNER or delivered by paragraph 14.12 will only be to CONTRACTOR to the other and to .D;GINEER within determine generally that their content complies with thirty days after the date of such decision and a formal the requirements of, and in the Case of certificates of procceding is instituted by the appealing party in a forum of inspections, teals and approvals that the results competent jurisdiction to exercise such rights or remedies certified indicate compliance with, the Contract ' as the appealing party may have with respect to such claim, Documents. dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such 9.13.5. The limitations upon authority and 3 Editim) ' �� EICDCGE'NERALCONDHIOH41910(1990 22 w/CITY OF FORT COLLINSMODIFIC.4TIONS(REV •Ii2000) I I 1 1 I responsibility set forth in this paragmph 9:13 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants. .ARTICLE 10-CtUNGFS IN THE WORT: 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions,, deletions or revisions will be authorized by a Written Amendment a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except ns otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article 11 or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the -Contract Documents as amended, modified and supplemented as provided in paragaphs,3.5 and 3.6, except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in Paragraph 13.9. 10.4. OWNER and CONTRACTOR skill execrate appropriate Change Orders recommended by ENGNEER (or Written Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph IQ 1, (h) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties: 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paagraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal. CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents EKDCOENUM CONDITIONS 1910.8 (1990 Ecktim) w/ CITY OF FORT COLLIDE MODIFICATIONS (REV •1/?000) ('vieluding, but not limited to, Comma Price or Contract Times) is required by the provisions of any Bond to be givento a surety, the givinb of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. AR'f lC LE I I-CHAINGE OF CON-I'R:\CI' PRICE I1.1. The Contact Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties. responsibilities and obligations assigned to or undertaken by CONTRAC-l'OR shall be at CONTRACTOR's expense without change in the Contract Price. I l 2. The Contract Price may only be charged by a Change Order or by a Written Amendment Any claim for an adjustment in the Contact Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in rao event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim .with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless FNGINF.F.R allows additional time for claimant to submit additional ormore accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or evea All claims for adjustment in the Contract Price shall be determined by ENGLNEER in accordance with paragmphAll if OWNER and CONTRACTOR 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 paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the. Contract Price will be determined as Collows: 11.3.L where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 I paragraphs 11.9.1 through 11.9.3, inclusive); CONTRACTOR shall obtain competitive bidsfrom ' Subcontractors acceptable to OWNER and 11.3.2. where the Work involved is not covered by CONTRACTOR and shall deliver such bids to unit prigs contained in the Contract Documents, by a OWNER who will then determine, with the advice of mutually agreed payment basis, including lump sum ENGINEER. which bids, if any, will be accepted. If , (which may include an allowance for overhead and any subcontract provides that the Subcontractor is to profit not necessarily in accordance with be paid on the basis of Cost of the Work plus a fee, paragraph 11.6.2): the Subcontractors Cost of the Work and fee shall be 11.3.3. where the Work involved is not covered by unit determined in the same manner as CONTRACTOR's Cent of the Work and fee as provided in prices contained in the Contract Documents and paragraphs 11.4, 11.5, 11.6 and 11.7. All ' agreement to a lump sum is not reached under subcontracts shall be subject to the other provisions of paragraph 11.3.2. on the basis of the Cost of the Work the Contract Documents insofar as applicable. (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit 11A.4. Coss of special consultants (including but (determinedasprovidedin paragraph 11.6). not limited to engineers, architects, testing ' laboratories, surveyors, attorneys and accoumants) Cost ojtheWorkr employed for services specifically related to the Work. 11.4. The acme Cost of the Work means the sum of all ' costs necessarily incurred and paid by CONTRACTOR in 11.4.5. Supplemental costs including the following: ' the proper performance of the Work. Except as otherwise may b: agreed to in writing by OWNER, such costs stall 11.4.5.1. The proportion of necessary be in amounts no higher than those prevailing in the transportation, travel and subsistence expenses of locality of the Project, %fall include only the following CONTRACCOR's employees incurred in items and shall not include any of the costs itemird in discharge of duties connected with the Work. ' paragraph 11.5: 11.45:2. Cost, including transportation and 11.4.1. Pa old costs for employees in the direct maintenance, of all materials, supplies, employ of CONTRACTOR in the performance of the equipment, machinery, appliances, office and Work under schedules of job classifications agreed temporary Lacilities at the site and hand tools not ' upon by OWNER and CONTRACTOR. Such owned by the workers, which are consumed in the employees shall include: without limitation performance of the Work, and cost less market superintendents, foremen and other personnel value of such items used but not consumed which employed full-time at the site, payroll costs for remain the property ofCONTRACfOR employees not employed full -tune on the Work shall , he apportioned on the basis of their time spent on the 11.4.5.3. Rentals of all construction Work. Pavroll costs shall include. but -not be limited to. equipment and machinery and the parts thereof salaries and wages plus the cost of binge benefits whether rented from CONTRACTOR or others in which shall include social security contributions, accordance with rental agreements approved by unemployment, excise and payroll taxes, workers' OWNER with the advice of ENGINEER and the compensation, health and -retirement benefits, bonuses; costs of transportation, loading, unloading, applicable thereto. installation. dismantling and removal thereof —all The expenses of performing Work after regular in accordance with terms of said rental waking hours, on Saturday, Sunday or legal holidays, agreements. The rental of any such equipment, shall be included in the above to the extent authorized machinery or parts shall cease when the use , by OWNER, thereof is no longer necessary for the Work. 11.4.2; Cost of all materials and equipment furnished 11.4.5.4. Sales, consumer, use or similar taxes and incorporated in the Wort:, including costs of related to the Work, and for which transportation and storage thereof, and Suppliers field CONTRACTOR is liable, imposed by Laws and , services required in connection therewith All cash Regulations, discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with 11.4.5.5. Deposits lost for causes other than which to make payments, in which case the cash negligence of CONTRACTOR, any discounts shall accrue to OWNER. All trade Subcontractor or anyene directly or indirectly ' discounts, rebates and refunds and returns from sale of employed by ;my of them or for whose acts any surplus materials and equipment shall accrue to of then may be liable, and royalty payments aril OWNER. and CONTRACTOR shall make provisions tees for permits and licenses. so that they may be obtained 11.4.5.6. Losses and damages (and related 11.4.3. payments made by CONTRACTOR to the expenses) caused by damage to the Work, not ' Subcontractors for Work performed or furnished by compensated by insurance or otherwise, sustained Subcontractors. ff required by OWNER, by CONTRACTOR in connection with the MUCOENEILAL CONE)(TION5191M(1990 Etilim) ' 24 col CITY OF FORT COLLINS MODIFiCIMONS (REV 41000) D I performance and furnishing of the Work (except 11.5.5. Costs due to the negligence of losses and damages within the deductible amounts CONTRACTOR, any Subcontractor, or anyone of proppeerty insurance established by OWNER in accordance with paragraph 5.9), provided they directly or indirectly employed by any of them or for whose acts any of them may be liable, including but have resulted from causes other than the not limited to, the correction of defective Work, negligence of CONTRACTOR, any di. sal of materials or equipment wrongly supplied damage Subcontractor, or anyone directly or indirectly aril making good any to property. employed by any of them or for whose acts any of them may be liable. Such losses shall include t L5.6. Other overhead or general expense costs of settlements made with the written consent and any kind and the costs of any Itcm not specifically and approval of OWNER. No such losses, damages expressly included in paragraph 11.4. and expenses shall be included in the Cost of the Work for the purpose of determining 11.6. The CONTRAc7rOR's fee allowed to CON-fRACTOR's fee. IC however, any such loss CONTRACTOR for overhead and profit shall be or damage requires reconstruction. and determined as follows: CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee 11.6.1. a mutually acceptable fixed FCC; or proportionate to that stated in paragraph 11.6.1 11:6.2. if a faced fee Is not agreed Upon, then a fee 1.4.5.7. Thecostof utilities, fuel and sanitary based on the following percentages of the various facilities at the site, portions of the Cost of the Work: 11.4.5.3. Minor expenses such as telegrams, 11.6.2.1. for costs incurred under long distance telephone calls, telephone service at paragraphs 11.4.1 and 11.42, the 1 the site, expressage and similar petty cash items in CONTRACTOR's fecshall be fifteen percent; connection with the Work. 11.6.2.2. for costs incurred under 11.4.5.9. Cast of premiums for additional Bonds paragmph 11.4.3, the CONTRACTOR's fee shall and insurance required because of changes in the be five percent; Work. 11.6.2.3. where one or more tiers of I I.S. The term.Cost of the Work shall not. include any of subcontracts are on the basis of Cost of the Work the following: plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1. 11.4.2, 11-4.3 and 11.5.1. payroll costs and other compensation of 11.6.2 is that the Subcontractor who actually ' CONTRACTOR's officers, executives, principals (of performs or furnishes the Work• it whatever tier. partnership and sole proprietorships), general managers, will be paid, a fee of fifteen percent of the costs engineers, architects, estimators, attorneys, auditors, incurred by such Subcontractor under paragraphs accountants, purchasing and contracting agents, 11.4.1 and 11.4.2 and that any higher tier expediters, timekeepers; clerks and other personnel Subcontractor and CONTRACTOR will each be ' employed by CONTRACTOR whether at the site or in paid a fee-o€-five-percent-ot-the-amotint-paid-to CONTRACTOR's principal or a branch office for the-next-lower4icr-Subcomtmctop to be negotiated general administration of the Work and not specifically it ,good faith with the OWNER but not to exceed included in the agreed upon schedule of jab live teroent of the amount Paid to the next lower _ classifications referred to in paragraph 11.4.1 or tit ubcontragtof specifically covered by paragraph 11.4.4-all of which are to be considered administrative costs covered by the 11.6.2.4. no fee shall be payable on the basis CONTR\CTOR's fee. of curls itemized under paragraphs 11.4.4. 11.4.5 and 11.5: 11.5.1. Expenses of CONTRACTOR's principal and ' branch offices other than CONTRACTOR's ollia: at 11.6.2.5. the amount of credit to be allowed the site. by CONTRACTOR to OWNER for any change. which resultsin a net decrease in cost will be the 11.5.3. Any part of CONTRACTOR's capital amount of the actual net decrease in cost plus a expenses, including interest our CONTRACTOR'S deduction in CONTRACTOR's fee by an amount ' capital employed for the Work and charges against equal to five percent of such net decrease; and CONTRACTOR for delinquent payments. 11.6.2.6. when both additions and credits are 11.5.4. Cost of premiums for all Bonds and for all involved in any one change, the adjustment in insurance whether or not CONTRACTOR is required CONTRACTOR's fee shall be computed on the ' by the Contract Documents to purchase and maintain basis of the net change in accordance with the same (except for the cost of premiums covered by paragraphs 11.6.2.1 through 11.6.2.5, inclusive. subparagraph 11.4.5.9 above). 11.7. Whenever the cost of any Work is to be ' ME)CGENULAL CONDITION5191" (19" Edda]) 25 w! CITY OF FORT COLLI. S .%LODItlCATION5 (RLV.IPOW) I determined pursuant to pnragraphs 11.4 and I I.?. CONTRACTOR will establish and maintain rccords thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash .4[(mrances: I I.S. It is understood that CONTRACTOR has included in the Contract Price all allowances sonamed in the Contract Documents and shall cause the Work so covered to be furnished and performed Cor such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costa overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Prix shall be correspondingly adjusted. 1L9. Unit Price None, 11.9.E Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed, to include for all Unit Price Work an amount equal to the stun of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quanities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining tin initial Contract Price. Detemmuations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article II if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement ER.WGE tElty.CONUTIONS19tos(1990Etitim) 26 IV/CITY OF FORT COLLMI MODIFICd RONNS(REV -l/L000) and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 11.9.3.4. CONTRACTOR acknowledaes that the OWNER has the right to ndd or delete items in the Bid or change quantities at OWNER'S sole discretion without of ectmY the Contract Prix of anv remaining item so long as the deletion or addition does not exceed twenty -live percent of the original total Contract Price. ART 1C LE 12--CHAAGE OF CON'f R %CT Thal" 1-1. The Commct'Timcs (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Tunes (or Milestones) shall he based on written notice delivered by the party making the claim to the other party and to ENGfNP.F,R promptly (but in no event later than thirty days) after the occurrence; of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of theclaim) and shall be accompanied by the clatimanl's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Nfilestones) stall be determined by FNG[NEER in accordance with paragraph9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of thus pamraph 12.1. 12.2. AVI time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay, if a claim is made therefor as provided in pamgmph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by .Article 7. fires. floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and I I 1 I 1 1 I U rll 0 I 11 t within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR an extcnsion of the Contract Times (or hfilestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both panics including, but not limited to, fuel flouts, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE, 13—T'FSTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTAINCE OF DFF'F_CTII,F_ WORK 11.1. Notice of Defects: Prompt notice of all.defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR All defective Work may. be rejected, corrected or accepted as provided in this Article 13. Access to (work. 13.2. OWNER, ENGINEER LIGNEER's Consultants, other representatives and persormel of OWNER independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasonable —times for their observation. inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and lnspectionx 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required) inspections. tests or approvals, artd shall cooperate with inspection and testing personnel to facilitate required inspections or tests 13.4. OWNER shall employ and p<ry for the services of an independent testing laboratory to perform all inspections, tests, or .approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below: 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 E)MCGENMAL CONDITIONS 19103 t1990 Edtiou w/ aTY of FORT COLLim \ioDiF'ICATIoNS (alit/ 92000) Wow shall be paid 'as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Contract Documents. 135. IT Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be impeded, tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging. and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and FNGINEF.R's acceptance of materials or equipment to be incorporated in the Work or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINFER, it must, if requested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACl'OR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering MOM: 13.3. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGNEEWs observation and replaced at CONTRACTOR'S expense. 13.9.. If FNGNF,ER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or testa) by others, CONTRi%CTORL at ENGNEER's recNest, 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 defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncoverimm exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Rice, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article I L If however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in tho Contract Rice or an extension of the Contract Times (or .Milestones), or both, directly attributable to such 27 uncovering exposure, observation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles I 1 and 12. OIPMR .tfay Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to step the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Rmrmwl of Defective Work 13.11. If required by FNGINEF.R CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated installed or completed, or, if the Work has been rejected by FNGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims; cats, losses and damages caused by or resulting from such correction or removal (including but not limited to all cogs of repair or replacement of work of others). 13.12. Correction Period., 13.12.1. If within ane yea e two years after the date of Substantial Completion or such longer period of time m may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such difective Work, or, if it has been rejected by.OWNER. remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such tnsuuctions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including; but not. limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR 13.122.In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work the correction period for that item may start to run from an earlier elate if so provided in the Specifications or by Written Amendment 13.12.3. Where defective Work. (anal damage to other EXE)COENEItu, CONlxlloNs 191os (1970 Etitim6 _h w/CI"tY OF FORT COLLIN`SmomFiCAT1oNs(RL'v •t2000l Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of ene-yeeF two veers aRer such correction or removal and replacement has been satisfactorily completed Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENI GINaWs recommendation of final payment. also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs. losses and damages attributable to OWNER's evaluation of and determination to accept such dfective Work (such costs to be approved by ENGINEER as to reasonableness). If any .such acceptance occurs prior to ENGINEF,R's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Doctuneints with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNFR. 0W7VER Slav Correct Defective IVork: 13.14.. If CON'rRAcTOR fails within a reasonable time after written notice from FNGINEF.R to correct defective Work or to remove and replace rejected Work as required by ENGINF:F.R in accordance with paragraph 13.1 I, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, of if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTORS services related thereto, take possession of CONTR\CTOWs tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNL•R has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER OWNERs. representatives, wens and employees OWNI ER's other contractors and ENGMMER and ENGINEER's Consultants access to the site to enable OWNER to exercise, the rights and remedies under this paragraph All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documentswith respect to the Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price, and if the parties are unable to agree as to the amount thereof. OWWER may make a claim therefor as provided in Article 11. Such claims, costs, losses and I 11 I �_J C I J I 1 11 1 1 I I damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Tunes (or Nilestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OIWi ER's rights and remedies hereunder. ARTICLE 14—PAYAIENTS TO COrINTRACTOR AND COMPLETION Schedule of I,aluer_ 14.1. The schedule of values -established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGNEER Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progreec Payment, 14.2. At [cast twenty days before the date established for each progress payment (but not more often than once a month): CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACIOR covering t(te Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OtWi ER's interest therein, all of which will be satisfactory to OWNER. The amount of retainiage with respect to progress payments will be as stipulated in the AgreemenL r�riv funds that. are withheld by the OWNER Sul — shall not be subject to substitution by the CONTRACTOR with securities or arry arrangements involving an escrow or custodianship_ By executing the application for payment form the CONTRACTOR expressly waives his right to the benefits of Colorado Revised Statutes, Section 24-91.101,. et seq. CONTR4CTOR's Warranty of Title. 14.3. CONTRACTOR wamams and guarantees that title to all Work materials and aquipmcnt covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment Gee and clear of all Liens. Review of.4pplic4tions for Progress Payment., 14.4. ENGNEER will, within ten days after receipt of each Application for Payment, either indicate in writing a EJCDC GE',1Uk AL CONDITIONS 191M (1990 E(titim) ivy CTTY OF FORT COLLI M MODIFTC Sr1ONS ntrV U2000) recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENc7NEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. 'fen days after presentation of the Application for Payment to OWNER with ENGINEER's. recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph_I4.7) become due and when due will be paid by OWNER to CONZ ACTOR 14.5. FNGINEER's recommendation of any payment requested in an Application for Payment will &institute a representation by ENGINEER to OWNER, based on ENGNEFR's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGNEER's knowledge, information and belief: 14.5.1. the Work has progressed to the point. indicated 14.52. the quality of the Work is 'generally in accordance: with & Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of anv subsequent tests called for in the Contract Document% to a final determination of quantities and classifications for Unit Price Wort: under Paragraph 9.10, and to any other qualifications stated in the recommendation), and 145:3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofir as it is ENGN-EER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the patties that might entitle CONTRACTOR to be Paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR 14.6. ENGNEER's recommendation of any payment. including fatal payment, shall not mean that ENGNEER is responsible for CONTRACTOR's*means, methods, techniques sequences or procedures of construction or the safety precautions and programs incident, thereto, -or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEFR may rcf i.w to recommend the whole or any part of any payment if. in EIvrGINEER's opinion. it would be incorrect to make the representations to 29