HomeMy WebLinkAbout389648 A-1 CHIPSEAL CO - CONTRACT - BID - 7256 HOT APPLIED CHIPSEAL OVERLAY (2)� City of
F6rt Collins
Purchase
SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
Financial Services
Purchasing Division
215 N. Mason St. 2n0 Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/Purchasing
HOT APPLIED CHIPSEAL OVERLAY - 2012 Renewal
BID NO. 7256
0
PURCHASING DIVISION
215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS
49
7.2.5 Application for Exemption Certificate
7.2.6 Application for Payment
7.3 Drawings, consisting of a cover sheet and sheets numbered as follows:
N/A
The Contract Drawings shall be stamped "Final for Construction" and dated.
Any revisions made shall be clearly identified and dated.
7.4. Addenda Numbers 1 to 2, inclusive.
7.5. The Contract Documents also include all written amendments and other
documents amending, modifying, or supplementing the Contract Documents
pursuant to paragraphs 3.5 and 3.6 of the General Conditions.
7.6. There are no Contract Documents other than those listed or incorporated by
reference in this Article 7. The Contract Documents may only be amended,
modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General
Conditions.
ARTICLE 8. MISCELLANEOUS
8.1. Terms used in this Agreement which are defined in Article I of the
• General Conditions shall have the meanings indicated in the General Conditions.
8.2. No assignment by a party hereto of any rights under or interests in the
Contract Documents will be binding on another party hereto without the written
consent of the party sought to be bound; and specifically but not without
limitations, moneys that may become due and moneys that are due may not be
assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically stated to the contrary in
any written consent to an assignment no assignment will release or discharge
that assignor from any duty or responsibility under the Contract Document.
8.3. OWNER and CONTRACTOR each binds itself, its partners, successors,
assigns and legal representatives to the other party hereto, its partners,
successors, assigns and legal representatives in respect to all covenants,
Agreement and obligations contained in the Contract Document.
0
SECTION 01410
• TESTING
the requirements of the Contract Documents. Controls shall be adequate to cover all construction operations
and should be keyed to the proposed construction schedule.
•
D. Records: Maintain correct records on an appropriate form for all inspections and tests performed, instructions
received from the Engineer and actions taken as a result of those instructions. These records shall include
evidence that the required inspections or tests have been performed (including type and number of inspections
or test, nature of defects, causes for rejection, etc.) proposed or directed remedial action, and corrective action
taken. Document inspections and tests as required by each section of the Specifications. Provide copies to the
Engineer weekly.
END OF SECTION
Project Specifications - Page 9 of 13
SECTION 01510
TEMPORARY UTILITIES •
UTILITIES
A. Furnish all utilities necessary for construction.
B. Make arrangements with Owner as to the amount of water required and time when water will be needed.
1. Meters may be obtained through the Water Utility Meter Shop at 221-6759
2. Unnecessary waste of water will not be tolerated.
C. Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor.
1.2 SANITARY FACILITIES
A. Fumish 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
i
Project Specifications - Page 10 of 13 0
SECTION 01560
TEMPORARY CONTROLS
1.1 NOISE CONTROL
A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in
populated areas.
B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a
manner to cause the least noise consistent with efficient performance of the Work.
C. Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 a.m.
1.2 DUST CONTROL
A. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing.
1.3 POLLUTION CONTROL
A. Prevent the pollution of drains and water courses by sanitary wastes, concrete, sediment, debris and other
substances resulting from construction activities. See Project Specifications Section 208 Storm Water and Inlet
Protection and Section 04000 Environmental Standard Operating Procedures (ESOP) contained herein.
1. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site.
2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts.
B. Preserve natural vegetation to greatest extent possible.
C. Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion.
SD. Comply with the City of Fort Collins' Storm Drainage Erosion Control Manual.
1.5 TRAFFIC CONTROL
A. Maintain traffic control in accordance with the "Manual of Uniform Traffic Control Devices" (MUTCD), the
City of Fort Collins "Work Area Traffic Control Handbook," and the current "Larimer County Urban Area
Street Standards." In the event of a conflict between the MUTCD criteria and the City's criteria, the City's
criteria shall govern.
1.6 HAUL ROUTES
The City reserves the right to set haul routes in order to protect pavements, both new and old, from heavy loads.
These pavements may include, but are not limited to, recently constructed pavements, recently overlaid pavements,
and/or pavements whose condition would be significantly damaged by heavy loads.
END OF SECTION
0 Project Specifications - Page t I of 13
SECTION 01700
CONTRACT CLOSEOUT 40
1.1 CLEANING AND RESTORATION
A. Return the premises and adjacent properties to conditions existing or better than existing at the time the
work was begun. This will include providing labor, equipment and materials for cleaning, repairing and
replacing facilities damaged or soiled during construction. The Engineer will be the judge of the degree of
restoration required.
END OF SECTION
i
Project Specifications - Page 12 of 13 0
SECTION 01800
METHOD OF MEASUREMENT AND BASIS OF PAYMENT
1.1 DEFECTIVE WORK
A. Owner will not pay for defective work and will not pay for repair or additional work required to bring the project
to a point of acceptance.
1.2 BID PRICE
A. The Total Bid Price covers all Work required by the Contract Documents. All work not specifically set forth as a
pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection
therewith shall be included in the prices bid for the various items of Work.
B. Prices shall include all costs in connection with the proper and successful completion of the Work, including
furnishing all materials, equipment and tools; and performing all labor and supervision to fully complete the
work.
C. Unit prices shall govern over extensions of sums.
D. Unit prices shall not be subject to re -negotiation.
1.3 ESTIMATED QUANTITIES
A. All quantities stipulated in the Bid Form at unit prices are approximate and are to be used only as a basis for
estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The
basis of payment shall be the actual amount of materials furnished and Work done.
B. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any
. difference between the amount of Work actually performed and materials actually furnished and the estimated
amount therefor.
END OF SECTION
• Project Specifications - Page 13 of 13
SECTION 02000
PROJECT SPECIFICATIONS
The Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction", latest edition,
and the current Larimer County "Urban Area Street Standards" (hereafter referred to as the "Standard Specifications"),
are made a part of this Contract by this reference, except as revised herein, and are hereby adopted as the minimum
Standard Specifications of Compliance for this project. In those instances where the Standard Specifications conflict
with any of the provisions of the preceding sections, the preceding sections shall govern.
INDEX OF REVISIONS
SECTION
104
Scope of Work - Traffic and Parking Control
105
Control of Work
108
Prosecution and Progress
208
Erosion Control and Inlet Protection
210
Reset Structures
401
Plant Mix Pavements — Hot Applied Overlay
409
Seal Coat — Chip Seal
627
Pavement Marking
630
Construction Zone Traffic Control
L
REVISION OF SECTION 104
TRAFFIC AND PARKING CONTROL
Section 104 of the Standard Specifications is hereby revised as follows:
MAINTAINING TRAFFIC
Subsection 104.04 shall include the following.
It shall be the Contractor's responsibility to clear parking from the streets when such parking will interfere with the
work. Prior to work that requires the street(s) to be closed to parking and/or traffic; the street(s) shall be posted for
"No Parking". The placement of these signs shall take place at least 24 hours prior to the commencement of work and
shall clearly show the type of work, date and times that the message on the sign is in effect. For example, if a street is
to be patched on Wednesday, July 2, the street shall be posted no later than Tuesday, July 1, by 7:00 a.m. with a sign
that reads similar to "NO PARKING, WEDNESDAY, JULY 2, 7:00 A.M. TO 6:00 P.M., HOT CHIP OVERLAY
(see sample "No Parking" sign). "No Parking" signs shall remain in place until the street is opened to traffic -and all
clean up operations completed. No Parking signs may be placed, maintained, and removed by a representative of the
Contractor, the Traffic Control Supervisor, or a Flagger.
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 Engineer to
arrange for towing. If the "No Parking" sign has been in place for a minimum of 24 hours, 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
Engineer will meet to discuss the progress of the work and the placement of 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 Engineer. Any necessary adjustments shall be made. At this time the Contractor shalt also review
with the Engineer 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 43 hours prior to work to all businesses and residents effected by their work.
Any changes in the traffic control, as directed by the Engineer, 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/removaUrnodification,
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 not be paid for
separately. "Additional Variable Message Boards" and "Additional Flagging" hours shall be paid for under
Section 630, "Construction Zone Traffic Control".
Project Specifications — Page 2 of 34
NO
PARKING
Wed JUlY 2
7mmOO AM - 6:00 PM
HOT CHIP
OVERLAY
END OF SECTION
Project Specifications — Page 3 of 34
0
0
REVISION OF SECTION 105
• CONTROL OF WORK
J
Section 105 of the Standard Specifications is hereby'revised as follows:
AUTHORITY OF THE ENGINEER
Subsection 105.01 is hereby amended to include the following:
No phase of construction shall start until the Traffic Control Plan has been approved. Failure to have an approved
Traffic Control Plan shall constitute cause for the Owner to stop work. During periods of Traffic Control non-
compliance, the Contractor maybe assessed $1,000.00 per day, may forfeit payment ofwork and materials installed,
and may lose contract working days as determined by the Owner. The Contractor shall not be entitled to
compensation for delays associated with non -compliant periods.
COOPERATION BY CONTRACTOR
Subsection 105.10 shall include the following:
The City's commitment to our Environmental Management System (EMS) requires that vehicles on City
projects shall comply with the adoption of a "Limitation on Engine Idling" to reduce environmental impacts
related to construction. Please comply by turning off vehicles that are not in use instead of idling for long
periods (more than three minutes, as a general rule).
COOPERATION WITH UTILITIES
Subsection 105.11 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 this project. 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 Engineer informed of future construction operations to facilitate scheduling of
required inspection, measuring for pay quantities, and sampling. The Contractor shall notify the Engineer a
minimum of 24 hours in advance of starting any construction operation that will require inspection, measuring for
pay quantities, or sampling. Failure of the Contractor to provide such notice will relieve the owner and the Engineer
from any responsibility for additional costs or delays caused by such failure.
Inspection of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his contract as
prescribed. Work and materials not meeting specifications shall be corrected and unsuitable work or materials may
be rejected, notwithstanding that such work or materials have been previously inspected by the Engineer or that
payment therefore has been included in the progress estimate.
MAINTENANCE DURING CONSTRUCTION
Subsection 105.19 shall include the following:
The roadway area, including curb, gutter, and sidewalk adjacent to and throughout 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 rlay's work. It shall be the Contractor's responsibility to provide the necessary manpower and
equipment to satisfactorily clean the roadway area.
Project Specifications— Page 4 of 34
REVISION OF SECTION 105
CONTROL OF WORK
The Contractor shall utilize a combination of pick-up brooms, side brooms, and/or other equipment as needed to
clean the streets. All sweeping and clean up equipment shall be approved by the Engineer prior to the
commencement of work.
The Contractor shall maintain the streets during the construction process as prescribed above.
If a street requires additional sweeping by City forces, the Owner shall deduct from compensation due the Contractor
sufficient funds to cover the Owner's cost to provide said service.
All cost of maintaining the work during construction and before the project is accepted will not be measured and
paid for separately, but shall be included in the work.
END OF SECTION
0
Project Specifications— Page 5 or34 •
OWNER: CITY OF FORT COLLINS
By: Q2�'z nt�- Q
JAMES B. O'NEILL II, CPPO, FNIGP
DIRECTOR OF PURCHASING
AND�MSK MANAGEMENT
. �Iz:I1ti
Attest:
City Clerk
Address for giving noti<
P. O. Box 580
Fort Collins, CO 80522
Approved as to Form
Assistark-City At orney
0
CONTRACTOR: A-1 Chip Seal Co.
By:
Title: V i C.L �YeSi�Qy�f
(CORPORATE SEAL)
A est: 1 �C�
Address for giving notices:
Dzn ✓er, Cap goa-z
License No.:
0
REVISION OF SECTION 108
PROSECUTION AND PROGRESS
Section 108 of the Standard Specifications is hereby revised as follows:
SCHEDULE
Subsection 108.03 shall include the following:
A schedule of work must accompany any bid, and shall include number of working days per area to complete all
unit work items covered by the contract. Vicinity maps of each area are included in Section 03500, Project Maps.
The schedule shall take any priorities into consideration. The schedule shall also include projected start and end
dates. Individual street quantities are described in Section 02500, Quantity Estimates.
Prior to award, mutually acceptable milestones shall be determined by the Contractor and the City based on the
schedule of working days discussed above.
LIMITATION OF OPERATIONS
Subsection 108.05 shall include the following:
The work shall be completed within the following calendar months:
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEPT
OCT
NOV
DEC
1 tl q i�j
i� G� ICI
4�i 1i"
DETERMINATION AND EXTENSION OF CONTRACT TIME
Subsection 108.08 shall include the following:
Working hours shall be 7:00 a.m. to 6:00 p.m., Monday through Friday, or as approved by the Engineer. Saturday
and Sunday work may be required at arterial street intersections.
Time restrictions may be enforced on arterial streets for work at major intersections (see Section 630, Construction
Zone Traffic Control).
All Work is to be completed within thirty five (35) consecutive working days during the months of June though
August.
FAILURE TO COMPLETE WORK ON TIME
Subsection 108.09 shall include the following:
Failure to meet the agreed upon milestones, mobilize to an area within days specified, or fully complete the project
in thirty five (35) consecutive 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 34
REVISION OF SECTION 208
EROSION CONTROL AND INLET PROTECTION .
Section 208 of the Standard Specifications is hereby revised as follows:
DESCRIPTION
Subsection 208.01 shall be revised as follows:
This work shall consist of constructing, installing, maintaining, and removing when required, erosion control
measures during the installation and at a minimum at all inlets to prevent or minimize erosion, sedimentation, and
pollution of any state waters. Work shall be in accordance with the latest revisions of 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.
Any loss of time or materials related to erosion shall be the sole responsibility of the Contractor. Any damage to
surrounding properties or facilities (either on site or offsite) related to erosion caused by construction of this project,
will be the sole responsibility of the Contractor.
MATERIALS
Subsection 208.02 shall include the following:
Contractor will submit the type of material to be used for erosion control measures prior to beginning the work. See
Section 03000. Straw wattles shall not be allowed.
1. Inlet protection shall include sufficient length to protect around the perimeter of the inlet opening.
2. Erosion control devices around inlets near the load site shall be required.
3. Erosion control devices on the downhill side of an aggregate stockpile shall be required. •
Recycled Rubberized Inlet Protection shall meet the following requirements:
1. Infill material: Shredded recycled rubber
2. Weight: Approximately 10 lbs per linear foot
3. Diameter: Approximately 9 inches
4. Geotextile fabric: Made of a durable fabric with a typical weight of 6-10 oz/yd.
CONSTRUCTION REQUIREMENTS
Subsection 208.03 shall include the following:
All erosion control measures must be installed prior to starting work
It shall be the responsibility of the Contractor to ensure that all roadways near the project are kept clean of
construction debris that may enter the inlets during the course of the work.
Inlet filters
All storm drainage system inlets shall be filtered unless better treatment is available before water is discharged into
streams or onto adjacent properties. These methods are applicable to existing and proposed drain systems that will be
operational before the drainage basin is stabilized.
Project Specifications— Page 7 of 34
9
REVISION OF SECTION 208
. EROSION CONTROL AND INLET PROTECTION
0
Drop Inlets
Drop inlets in unpaved areas shall be filtered with straw bales anchored with wooden stakes as shown in Figure D-
23. Drop Inlets in paved areas shall have gravel filters Figure D-24. Materials other than straw bales must be
demonstrated to provide the same level of treatment before acceptance by the Engineer.
Straw bales shall be placed in a single row tightly butted end -to -end or overlapped and staked. The bales shall be
installed to a minimum depth of four inches. After bales are installed and staked, loose straw will be wedged
between bales and soil shall be backfilled three inches against the filter on the run off side.
Curb -opening Inlets
Curb -opening Inlets shall be filtered with a combination of concrete blocks, 1/2— inch wire screen and coarse gravel
(3/4 — inch) constructed according to Figure D-25, or as Approved by the Engineer.
Maintenance
The Contractor shall continuously maintain all erosion and sediment control features so that they function properly
during site construction. See Detail SC-5 contained herein.
All inlet filters shall be inspected and repairs made after each runoff event. Sediments shall be removed when one
half the design depth have been filled. Removed sediments shall be properly disposed. Sediments shall be removed
immediately from the traveled way of roads and streets.
METHOD OF MEASUREMENT
Subsection 208.11 shall include the following
Payment will be made by the lineal foot for gravel or recycled rubber wattle inlet protection devices installed and
accepted at each location within the work area or as required by the Engineer.
The length shall be sufficient to protect the inlet opening and sides of the inlet grate. Excessive lengths shall not be
paid. When a protection device is installed at a new location, whether the protection device is new or has been
relocated, an additional payment will be made for the protection of the location.
Payment for straw bales shall be made by each protection device per location installed and accepted or as required
by the Engineer.
Excavation required for removal of accumulated sediment from traps, basins, and other clean out excavation of
accumulated sediment, and the disposal of such sediment, shall be considered incidental to the work and not be paid
separately.
Street sweeping for sediment from inlet protection will not be measured or paid for separately but shall be incidental
to the work.
A protection device shall be installed at load sites and on the down hill side of stock piles or as directed by the
Engineer and shall be considered incidental to the work and shall not be paid for separately.
All construction material that enters an inlet due to work under this contract shall be removed from the inlet interior
and removed from the site to an approved disposal location. This work shall not be paid for separately.
Project Specifications— Page 8 of 34
REVISION OF SECTION 208
EROSION CONTROL AND INLET PROTECTION
BASIS OF PAYMENT
Subsection 208.12 shall include the following:
Payment will be made under:
Pay Item
208.01 Stormwater Protection - Rock Sock Wattle
208.02 Stormwater Protection— Recycled Rubber Wattle
208.03 Stormwater Protection - Straw Bales
Unit
Lineal Foot
Lineal Foot
Each
The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment,
traffic control devices, personnel, and related traffic control incidentals, and for doing all work involved in
installing, maintaining, and removing when required, erosion control measures, as specified in these specifications,
as shown on the plans, and as directed by the Engineer.
END OF SECTION
E
Project Specifications — Page 9 of 34
REVISION OF SECTION 210
RESET STRUCTURES
Section 210 of the Standard Specifications is hereby revised as follows:
DESCRIPTION
Subsection 210.01 shall include the following:
The work shall consist of removing, resetting, or adjusting existing manholes, water valve risers, and survey
monument boxes.
CONSTRUCTION REQUIREMENTS
Subsection 210.02 shall include the following:
Manholes, valve valves, survey boxes, and all other similar structures located in a pavement shall require adjustment
as noted below.
Prior to beginning any construction on existing streets that will receive reconstruction and/or overlay; the Contractor
shall mark on the curb and gutter with white paint the location of all existing structures. These markings shall be
maintained by the Contractor until the work has been completed and accepted by the Engineer.
The Contractor shall do all work needed to ensure that said structures can be readily adjusted and shall have all
necessary materials, equipment, and tools on hand prior to commencing the work. Contractor shall verify that
manholes and valve boxes can be adjusted prior to installation of the Work
Manholes shall be adjusted to be 1/8"- 1/2" below the pavement. All Valve box adjustments shall be no greater than
1/4" below the pavement.
When the manhole adjustment is complete, the slope of the top surface of the manhole cover shall match the slope of
the pavement in both the longitudinal and traverse directions to within one percent (1 %). Any manhole cover which
is unstable or noisy under traffic shall be replaced/re-installed by the Contractor or as directed by the Engineer.
The Contractor shall be responsible for immediately cleaning all construction materials that may fall into manholes,
valve boxes, inlets or other structures during the construction process.
The Engineer will also notify the Contractor in writing of any structures that were covered during the paving
operation. The Contractor shall then have five (5) working days to make structure accessible or shall be subject to a
reduction in payment for sufficient compensation with respect to a third party completing the work.
Subsection 210.10 shall include the following:
The Engineer shall determine the method of adjustment for each structure.
The method of adjustment for each Valve box structure shall be as followings:
Adjust by turning the existing top section to the proper grade (heating the inside only of the top section
with a torch shall be permitted): This item shall be measured and paid for separately under "Adjust Valve
Box".
The Contractor shall exercise reasonable care while attempting to adjust the valve boxes. Ifthe Contractor
is negligent and breaks the valve riser, the riser shall be replaced at the Contractor's expense.
Project Specifications— Page 10 of 34
REVISION OF SECTION 210
RESET STRUCTURES •
2. Adjust by inserting Tyler 6860 Series, Item R 69, Screw Type Adjustable Riser manufactured by the Tyler
Manufacturing Company or an approved equal, including material (parts): This item shall be measured
and paid for separately under "Adjust Valve Box with Tyler 6860 Series, Item R 69, Screw Type
Adjustable Riser, including part'.
3. Adjust with adjusting ring: This item shall be measured and paid for separately under "Adjust Valve Box
with Ring", excluding material (part). Riser rings shall be provided by the City.
The method of adjustment for each Manhole structure shall be as followings:
Manholes shall be adjusted with locking adjusting rings. This item shall be measured and paid for
separately under "Adjust Manhole with Locking Ring". Locking rings shall be provided by the City.
METHOD OF MEASUREMENT
Subsection 210.12 shall include the following:
The accepted quantities of Adjust Manholes, Valve Boxes, and Survey Monuments shall be paid for at the contract
unit price per each. Traffic control, non -shrink grout, concrete, haul and disposal shall not be measured and paid for
separately but shall be included in the contract unit price for each type of adjustment.
In the event that structures are not adjusted within the specified time frame, the City shall have the right to engage a
third party to complete the work and to withhold the cost of such work from payments due the Contractor.
BASIS OF PAYMENT
Subsection 210.13 shall include the following:
Payment will be made under:
Pay Item Unit
210.01 Adjust Valve Box Each
210.02 Adjust Valve Box with Tyler 6860 Series, Item R 69,
Screw Type Adjustable Riser, Including Parts Each
210.03 Adjust Valve Box with Ring Each
210.04 Adjust Manhole with Locking Ring Each
The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment,
and incidentals, required traffic control devices, personnel, and related traffic control incidentals, and for all
work involved in adjusting structures, complete -in -place, including haul and disposal, as shown on the plans, as
specified in the specifications, and as directed by the Engineer.
END OF SECTION
Project Specifications — Page I I or34
0
9
REVISION OF SECTION 401
PLANT MIX PAVEMENTS — HOT APPLIED OVERLAY
DESCRIPTION
The overlay portion of the Hot Applied Chip Seal Overlay installation shall conform with the latest revision of the
Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction", Section 401,
and as noted herein.
The Contractor shall re -notify residents and businesses at least 48 firs prior to starting the second phase of the
installation (see Revision of Section 409).
MATERIAL
Subsection 401.02 shall include the following:
Rubberized Liquid Asphalt Material (Tack Coat)
Asphalt tack coat shall consist of rapid setting cationic emulsified asphalt (CRS-2P). The asphalt cement shall be
polymer modified prior to emulsification and shall contain a minimum of 3% styrene-butadien-styrene (SBS)
block copolymer by weight of asphalt cement. The emulsion, standing undisturbed for a minimum of 24 hours,
shall show no milky white separation, but shall be smooth and homogeneous throughout. The Contractor, or the
supplier as their agent, shall deliver to the Engineer, a certification signed by an authorized representative of the
supplier that covers the quality and quantity of material and the condition of the container for each shipment. The
emulsified asphalt material shall meet the following specifications:
The emulsified asphalt material shall meet the following specifications:
The CRS-2P shall conform to the following specifications:
Tests on Emulsion (CRS-2P)
Minimum
Maximum
AASHTO Test
No.
Viscosity, at 50°C, Saybolt Furol, s
50
450
T 59
Storage Stability, 24-hr, % Max
1
T 59
Particle Charge Test
Positive
Positive
T 59
Sieve test, % Max
0.10
T 59
Demulsibility, % Min
40
T 59
Oil Distillate by Volume, % Max or Range
3.0
T 59
Residue by distillation/ Evaporation, % min
65
T 59/
CP-L 2212
Tests on Residue (b)
Minimum
Maximum
AASHTO Test
No.
Penetration, 25°C, 100g, 5s, min, dorm
70
150
T 49
Ductility, 25°C, 5 cm/min, cm, min
T 51
Ductility, 4°C, 5 cm/min, cm, min _
T 51
Solubility in Trichloroethylene, % min
97.5
T 44
Elastic Recovery, 25' C
T 301
Float Test, 60' C, s min
T 50
Toughness, in-lbs, min
70
CP-L 2210
Tenacity, in-lbs, min
45
CP-L 2210
Project Specifications —Page 12 of 34
REVISION OF SECTION 401
PLANT MIX PAVEMENTS — HOT APPLIED OVERLAY
a) The Contractor shall submit a Certificate of Compliance from the supplier for the above testing. This
certificate shall verify that the material conforms to the applicable project specifications and revisions
within the construction year.
b) CP-L 2212 is a rapid evaporation test for determining percent residue of an emulsion and providing
material for tests on residue. CP-L 2212 is for acceptance only. If the percent residue or any test on the
residue fails to meet specifications, the tests will be repeated using the distillation test in conformance
with AASHTO T-59 to determine acceptability.
c) For polymerized emulsions the distillation and evaporation tests will in be conformance with AASHTO T-
59 or CP-L 2212 respectively with modifications to include 205 +/- 5° C maximum temperatures to be
held for 15 minutes.
d) The Demulsibility. test shall be made within 30 days from the date of shipment.
The material shall be accepted at the distributor. Each load of emulsified asphalt shall be accompanied with a
certificate of analysis/compliance and submitted to the Engineer to assure that it is the same as that used in the
mix design.
The Contractor shall supply samples for testing upon request of the Engineer. A one -quart sample of the
emulsion shall be submitted from the first delivery. The source of the base asphalt, polymer, additives, and
supplier shall be stated on the sample and shall not change during the course of construction.
Overlay Aggregate
The overlay aggregate shall be 3/8" minus, washed, hard, sound, crushed quarry stone (gray granite) free from
dirt, organic matter, clay balls, adherent films of clay, or other objectionable material. The aggregate shall
contain 100% fractured faces produced by the fracturing process. Manufactured aggregate shall not be used.
All aggregate material used shall be of the same material source and must comply with the following:
Test on Cover Aggregate
Maximum
Test
LA Abrasion, % loss
20
ASTM C131
Flat & Elongated (3 to 1), %
12
ASTM D4791
Absorption, %
2
AASHTO T 85
Sodium Sulfate
15
AASHTO T 104
Magnesium Sulfate
20
AASHTO T 104
Fractured Faces, %
100 minimum
ASTM D5821
Plastic Index (Fines)
Non -Plastic
Aggregate shall conform to the following gradation:
Sieve Size
1/2" Overlay
3/8" Overlay
3/4"
100%
1/2"
100%
100%
60-90%
100%
1/4"
N/A
25-60%
No. 4
25-35%
25-35%
No. 8
15-25%
15-25%
No. 200
3-8%
3-8%
AC 20
5-5.5%
5.5-6%
Project Specifications— Page 13 of34
•
•
REVISION OF SECTION 401
PLANT MIX PAVEMENTS — HOT APPLIED OVERLAY
MATERIAL APPLICATION RATE TABLE
Material
1/2" Chip
3/8" Chip
1/4" Chip
CRS-2P-Chip Seal
0.32-0.38 GAL/SY
0.30-0.36 GAK/SY
0.24-0.30 GAL/SY
Aggregate -Chips
25 LBS/SY Minimum
23 LBS/SY Minimum
20 LBS/SY Minimum
CRS-2P-Tack Coat*
0.10-0.13 GAL/SY
0.10-0.13 GAL/SY
0.10-0.13 GAL/SY
Aggregate -Overlay
85 LBS/SY Minimum
75 LBS/SY Minimum
LBS/SY Minimum
* CQS-lhl using the above application rate may be substituted for CRS-2P as approved by the Engineer
MIX DESIGN
At least one week prior to commencement of work, the Contractor shall submit a.signed mix design covering the
specific materials to be used on the project. This design shall be performed by a qualified laboratory. Once the
materials are approved, no substitution will be permitted, unless first tested by the laboratory preparing the mix
design and approved by the Engineer.
1. Mix Design
The qualified laboratory shall develop the job mix design and present certified test results for the Engineers
approval. Compatibility of the aggregate and emulsion shall be verified by the mix design. All component
materials used in the mix design shall be representative of the material proposed by the Contractor for use on
the project.
CONSTRUCTION REQUIREMENTS
General
The Overlay shall be applied within five working days of the Chip Seal application.
The Contractor shall be responsible to adjust all utility covers to finished grade and clean covers following the
installation of the overlay (see Section 210, Reset Structures).
The Contractor shall be responsible for re -locating, re -protecting, and re -cleaning of all utility covers following
the application of material.
Inlet protection for erosion control and inlet infiltration shall be maintained at all inlets during all phases of the
work.
Test Section - A 200 square yard test section shall be placed to determine actual application rates of aggregates
and emulsion.
Subsection 401.07 shall include the following:
The pavement surface temperature shall be a minimum of 50 degrees and rising.
The Overlay Material shall have a minimum temperature of 275F and shall be applied at a minimum 85 pounds per
square yard. The material shall be spread and struck off to the established grade and proper elevation.
Subsection 401.11 shall include the following:
Tack coat using CRS-2P (0.10-0.13 gallons per square yard), or approved equal, may be applied over the
existing Chip Seal prior to the overlay installation.
Project Specifications — Page 14 of 34
REVISION OF SECTION 401
PLANT MIX PAVEMENTS — HOT APPLIED OVERLAY
Subsection 401.12 shall include the following:
The existing Chip Seal surface shall be swept and the surface shall be cleaned of loose or objectionable material as
directed by the Engineer.
Subsection 401.16 shall include the following:
Equipment
Asphalt Distributor:
The distributor truck shall be equipped with a computerized rate control for applying the CRS-2P Tack Coat at a
uniform rate of application on variable widths of surface up to 18 feet. The nozzle angle and bar height shall
be set to provide one hundred percent of double coverage in a single pass.
Paver
The Hot Chip Seal paver shall be of a type normal for the placement of hot asphalt material. The paver shall be
self-contained, power propelled units provided with an adjustable activated screed, heated and capable of
spreading and finishing course material on variable widths of surface up to 18 feet.
Rollers
A minimum of two self-propelled steel wheel rollers will be used to seat the overlay. The steel drum rollers shall
be double drum rollers with a loaded rate of five tons. A minimum of two or more passes shall follow
immediately to seat and cool the material. The surface shall be available to traffic within 15 minutes after finish
rolling has been completed.
The rubber tired rollers shall have a gross load adjustable to apply 200-250 pounds per inch of rolling width.
Tire pressure shall be specified for the pneumatic tire rollers and shall not vary more than plus or minus 2.0 psi.
At no time shall the rollers travel more than ten miles per hour.
METHOD OF MEASUREMENT
Subsection 401.21 shall be revised as follows:
The overlay shall be measured and paid for by the square yard of street sealed and accepted by the Engineer.
If the yield for the Chip Seal and/or Overlay is determined to be below the minimum or above the application rates
specified herein, they will be subject to rejection or a price reduction as follows:
AMOUNT BELOW & ABOVE
MINIMUM APPLICATION RATE -
AGGREGATE OR EMULSION
PERCENTAGE REDUCTION IN FINAL
PAYMENT. FOR AGGREGATE OR
EMULSION
1 - 5%
lA% or Rejection
5 - 10%
20% or Rejection
10%+
To Be Determined by the Engineer
Project Specifications — Page 15 of 34
0
•
SECTION 00530
NOTICE TO PROCEED
Description of Work: 7256 Hot Applied Chipseal Overlay 2012 Renewal
To: A-1 Chipseal Co.
This notice is to advise you:
That the contract covering the above described Work has been fully executed by the
CONTRACTOR and the OWNER.
That the required CONTRACTOR's Performance Bond and Payment Bond have been
received by the OWNER.
That the OWNER has approved the said Contract Documents.
Therefore, as the CONTRACTOR for the above described Work, you are hereby
authorized and directed to proceed within () calendar days from receipt of this notice as
required by the Agreement.
Dated this day of , 20
• The dates for Substantial Completion and Final Acceptance shall be 20_
and , 20, respectively.
City of Fort Collins
OWNER
Title:
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged this _day of
, 20
CONTRACTOR: A-1 Chipseal Co.
By:
Title:
0
REVISION OF SECTION 401
PLANT MIX PAVEMENTS— HOT APPLIED OVERLAY
The Contractor shall check quantities with run sheets to avoid the penalties described above. Yield estimates with
supporting documentation from the metering devices and material delivery tickets will be provided by the Contractor
daily. Proper spread rates and material proportions are the sole responsibility of the Contractor. The Engineer
will periodically check quantities using run sheets.
BASIS OF PAYMENT
Subsection 409.10 shall include the following:
Payment will be made under:
Pay Item
Unit
401.01 Hot Applied Chip Seal Overlay Square Yard
The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment,
and incidentals, required traffic control devices, personnel, and related traffic control incidentals, and for all
the work involved in Hot Applied Chip Seal Overlay, complete -in -place, including haul and disposal, as shown on
the plans, as specified in these specifications, and as directed by the Engineer.
END OF SECTION
Project Specifications — Page 16 of 34
REVISION OF SECTION 409
SEAL COAT — CHIP SEAL
Section 409 of the Standard Specifications is hereby revised as follows:
DESCRIPTION
Subsection 409.01 shall be deleted and replaced with:
This item shall consist of furnishing and installing asphalt and cover coat material (Chip Seal) on an existing surface,
in accordance with these specifications and in conformity with the existing lines and grades of the existing surfaces
including all labor, materials, equipment, and traffic control.
A flyer or door hanger shall be submitted to the Engineer for approval one (1) week prior to construction. The flyer
shall include a local or toll free contact number for the Contractor and include the following:
"Learn more about the City of Fort Collins Street Maintenance Program and find answers to common questions
by visitingwww.fcgov.com/streets".
The Contractor shall notify residents and businesses at least 48 Ins prior to starting each phase of the installation (see
Revision of Section 630, Construction Zone Traffic Control).
MATERIAL
Subsection 409.02 shall include the following:
Asphalt Emulsion
Polymerized cationic rapid set emulsified asphalt (CRS-2P), or equivalent, shall be an emulsified blend of
polymerized asphalt, water, emulsifiers, and polymer. The asphalt cement shall be polymer modified prior to
emulsification and shall contain a minimum of 3% styrene-butadiene-styrene (SBS) block copolymer by weight
of asphalt cement. The emulsion, standing undisturbed for a minimum of 24 hours, shall show no milky white
separation, but shall be smooth and homogeneous throughout. The emulsion shall be capable of being pumped
and suitable for application through a distributor truck.
The CRS-2P shall conform to the following specifications:
Tests on Emulsion (CRS-2P)
Minimum
Maximum
AASHTO Test
No.
Viscosity, at 50°C, Saybolt Furol, sec
50
450
T 59
Storage Stability, 24-hr, % Max
1
T 59
Particle Charge Test
Positive
Positive
T 59
Sieve test, % Max
0.10
T 59
Demulsibility, % Min
40
T 59
Oil Distillate by Volume, % Max or Range
3.0
T 59
Residue by distillation/ Evaporation, % min
70
T 59/
CP-L 2212
Project Specifications— Page 17 of 34
0
REVISION OF SECTION 409
• SEAL COAT,— CHIP SEAL
Tests on Residue
Minimum
Maximum
AASHTO Test No.
Penetration, 25°C, 104, 5s, min, dmm
70
150
T 49
Ductility, 25°C, 5 cm/min, cm, min
T 51
Ductility, 4°C, 5 cm/min,.cm, min
T 51
Solubility in Trichloroethylene, % min
97.5
T 44
Elastic Recovery, 25' C
T 301
Float Test, 60' C, s min
T 50
Toughness, in-lbs, min
70
CP-L 2210
Tenacity, in-lbs, min
45
CP-L 2210
a) The Contractor shall submit a Certificate of Compliance from the supplier for the above testing. This
certificate shall verify that the material conforms to the applicable specifications and revisions within the
construction year.
b) CP-L 2212 is a rapid evaporation test for determining percent residue of an emulsion and providing
material for tests on residue. CP-L 2212 is for acceptance only. If the percent residue or any test on the
residue fails to meet specifications, the tests will be repeated using the distillation test in conformance with
AASHTO T-59 to determine acceptability.
c) For polymerized emulsions the distillation and evaporation tests will in be conformance with AASHTO T-
59 or CP-L 2212 respectively with modifications to include 205 +/- 5' C maximum temperatures to be held
for 15 minutes.
d) The Demulsibility test shall be made within 30 days from the date of shipment.
The material shall be accepted at the distributor. Each load of emulsified asphalt shall be accompanied with a
• certificate of analysis/compliance and submitted to the Engineer to assure that it is the same as that used in the
mix design.
•
The Contractor shall supply samples for testing upon request of the City. A one -quart sample of the emulsion
shall be submitted from the first delivery. The source of the base asphalt, polymer, additives, and supplier shall
be stated on the sample and shall not change during the course of construction.
Emulsion Storage
Suitable storage facilities and containers for the asphalt emulsion shall be provided and shall be equipped to
prevent water from entering the emulsion. If necessary, suitable heat shall be provided to prevent freezing.
Aggregate Cover Coat Material (Chips)
All materials shall be pre -tested by the Contractor, at no cost to Owner, in a qualified laboratory for their
suitability for use in Hot Applied Chip Seal Overlay and conformance with project specifications. The
laboratory shall issue a current report which shows the results of tests performed on the individual materials,
comparing their values to those required by this specification.
The aggregate cover coat shall be washed, hard, durable, clean rock and free from coatings or deleterious
material and clay balls. The presence of oversized material and/or clay balls shall be grounds for rejection. All
aggregate shall be crushed gray granite with 100% fractured faces with an attraction to CRS-2P binder. The
aggregate shall have a maximum loss of not more than 20% when tested with the LA Abrasion procedure as
defined by ASTM C131, grade C or D. Only one type of aggregate shall be used and shall conform to the
Following specifications:
Project Specifications— Page IS of 34
REVISION OF SECTION 409
SEAL COAT — CHIP SEAL •
The report will provide the following information:
Test on Cover Aggregate
Maximum
Test
LA Abrasion, % loss
20
ASTM C131
Flat & Elongated (3 to 1), %
12
ASTM D4791
Absorption, %
2
AASHTO T 85
Sodium Sulfate
15
AASHTO T 104
Magnesium Sulfate
20
AASHTO T 104
Faces Fractured, %
100 Minimum
ASTM D5821
Plastic Index (Fines)
Non -Plastic
Table 703-6 shall be deleted and replaced with the following table:
Gradation(percent passin )
Sieve Size
1/2" Chip Seal
3/8" Chip Seal
1/4" Chip Seal
1/2"
90-100
100
100
3/8"
0-60
95-100
100
1/4"
0-10
0-35
95-100
No. 8
0-3
0-3
0-3
No.200
0-1.5
0-1.5
0-1.5
The Contractor shall submit a Certificate of Compliance from the intended aggregate producer. This certificate
shall verify that the material conforms to the applicable specifications and Revision of Section 409, Seal Coat —
Chip Seal. This certificate shall be supplemented by laboratory test data performed by an independent testing
laboratory at no expense to the Owner. Once the materials are approved, no substitution will be permitted, unless •
first tested by the same laboratory and approved by the Engineer.
Bituminous Film
When tested in accordance with (ASTM D 1664), the aggregate shall have a retained bituminous film above
95%. Aggregates that do not meet this requirement may be used for surface treatments and seal coats provided a
satisfactory chemical additive or wetting agent is used to provide a water-resistant film. Use of chemical
additives or wetting agents is subject to prior approval or may be waived by the Engineer.
Moisture Content
The moisture content of the cover aggregate at the time of application shall not exceed 2% of the weight of dry
aggregate.
Stockpiling of Aggregate
Precautions shall be taken to insure that stockpiles are carefully mixed immediately prior to use to insure uniform
distribution of the moisture, and that they do not become contaminated with over -sized rock, clay, silt, or
excessive amounts of moisture. The stockpile shall be kept in areas that drain readily. Segregation of the
aggregate will not be permitted. Also see Section 208, Erosion Control and Inlet Protection.
No portion of the right of way may be used for storage of any materials or equipment. The Contractor is
solely responsible for finding and securing a suitable staging area. The location of the staging area must be
submitted and approved by the Engineer prior to use. Written authorization to use private property to store
equipment and materials shall be obtained from the property owner and submitted to the Owner prior to
mobilization and use. The Owner shall be allowed access to the load site at all times. The Contractor shall also
submit a letter of indemnification to the Owner and the property owner.
Project Specifications — Page 19 of 34
REVISION OF SECTION 409
SEAL COAT —CHIP SEAL
CONSTRUCTION REQUIREMENTS
Subsection 409.04 shall include the following:
Limitations
Bituminous material shall not be applied on a wet surface or when the air temperature is below 60' F or the
pavement temperature is below 70' F, unless otherwise specified, when weather conditions would prevent the
proper construction of the seal coat, or as directed by the Engineer.
Subsection 409.05 shall include the following:
Equipment
All equipment, tools, and machines used in the performance of this work shall be maintained in satisfactory
working order at all times. Unsatisfactory equipment shall be removed and replaced without delay or cost.
Descriptive information on mixing and applying equipment to be used shall be submitted for approval a
minimum of seven (7) days before commencement of work.
The equipment shall conform to the following minimum requirements:
Proportioning Devices
Yield estimates with supporting documentation from the metering devices and material delivery tickets will be
provided by the Contractor daily.
Calibration
Equipment shall be calibrated in the presence of the Engineer prior to construction. Documentation shall be
provided; including individual calibration of each material at various settings, which can be related to the
machine's metering device(s). No machine will be allowed to work on the project until the calibration has been
completed and accepted by the Engineer.
Previous calibration documentation covering the exact materials to be used may be accepted provided they were
made during the current calendar year. The documentation shall include an individual calibration of each material
of various settings which can be related to the machine metering device(s).
Verification
Test strips of at least two hundred (200) square yards for each mix used may be required for each machine and
each mix used after calibration and prior to construction.
If the test sections do not conform to the specification requirements, the hot applied chip installation shall be
removed at the Contractor's expense. No compensation will be made for re -application or additional test
sections required due to unsatisfactory work or material. Initiation of work on the project streets shall not begin
without the Engineer's approval of test sections.
Project Specifications — Page 20 or34
REVISION OF SECTION 409
SEAL COAT — CHIP SEAL
Cleaning Equipment
A minimum of two vacuum designed sweepers having only negative air pressure at the road surface capable of
removing excess aggregate and debris material shall be used on this project. The body hoppers of the vacuum
sweepers shall be a minimum capacity of ten cubic yards, and the negative air pressure at the intake shall be rated
at forty six inches of negative water pressure. Sweepers shall meet applicable U:S. Environmental Protection
Agency Standards. No mechanical pick-up brooms will be allowed on the project.
Bituminous Distributor
A minimum of two distributors shall be used. The distributors shall be self -powered and capable of providing a
uniform application rate of emulsion varying from .05-1.00 gallons per square yard over a variable width up to
twenty feet in a single pass. The uniformity of the distributors shall not vary by more than two -hundredths (0.02)
gallon per square yard. The distributors shall be equipped with a variable power unit for the pump and full
circulation spray bars, which are adjustable laterally and vertically. The nozzle angle and bar height shall be set
to provide one hundred percent of double coverage in a single pass. Where multiple passes are required to
complete the full width, the four inches adjacent to the second pass may be left with fifty percent coverage so
that the next pass will complete the full application rate specified. Distributors shall be self -powered and include
computerized application controls, a tachometer, pressure gauges, accurate volume devices, calibrated tank, and
a thermometer for measuring temperatures of the emulsion in the tank. Necessary precautionary measures shall
be taken to prevent diesel fuel or other cleaning solvents from contaminating bituminous material.
Aggregate Spreader
The Aggregate Spreader shall be equipped with a computerized rate control for applying 3/8" Chip Seal material
at a uniform rate of application on variable widths of surface up to 18 feet.
The aggregate spreader shall be self-propelled and supported by at least four tires on two axles capable of
providing a uniform application rate of aggregate from five to fifty pounds per square yard over a variable width
up to twenty feet in a single pass. The uniformity of this machine shall not vary by more than one pound per
square yard. The aggregate spreader shall be equipped with the means of applying the cover coat material to the
surface with computerized application controls so that the required amount of material will be deposited
uniformly over the full width of the bituminous material. Other types of aggregate spreaders may be used
provided they accomplish equivalent results and have been approved.
Rollers
A minimum of two (2) self propelled pneumatic tired rollers shall be used on the project unless otherwise
requested by the Engineer. The pneumatic tired rollers shall have a gross load adjustable to apply 200 to 350
pounds per inch of rolling width, or as directed. Tire pressures or contact pressures may be specified for the
pneumatic tire rollers. Tire pressures on each roller shall not vary more than plus or minus 2.0 psi. The wheels on
the rollers shall be equipped with adjustable scrapers, which shall be used when necessary to clean the wheel
surface. Depending on the speed of the chip seal operation and the width of coverage, additional rollers may be
required. At no time shall the rollers travel more than ten miles per hour. The rollers shall be maintained in good
condition and be operated by experienced roller operators.
Project Specifications— Page 21 of 34
•
REVISION OF SECTION 409
• SEAL COAT — CHIP SEAL
Sweepers
A rotary broom or other approved sweeping or blowing equipment meeting applicable U.S. Environmental
Protection Agency Standards shall be used to windrow excess material to be picked up. A minimum of two (2)
vacuum designed sweepers having only negative air pressure at the road surface capable of removing excess
aggregate and debris material shall be used on this project. The body hoppers of the vacuum sweepers shall have
a minimum capacity of ten cubic yards, and the negative air pressure at the intake shall be rated at forty six
inches of negative water pressure. Sweepers shall meet applicable U.S. Environmental Protection Agency
Standards.
Subsection 409.06 shall include the following:
Surface Preparation
The street shall be swept and cleaned of all debris before chip seal application. The surface and gutter shall be
cleaned and all debris removed for the full width to be treated immediately prior to application of the bituminous
material. Dust and other material in depressions or other places not removed by mechanical sweepers shall be
swept with hand brooms or removed by use of flushers. The Engineer may, require washing of the pavement
where other methods of cleaning do not provide an acceptable surface. Material removed from the surface shall
not be mixed with the cover aggregate. Bituminous material shall not be spread until the area to receive chip seal
application has been cleaned to the satisfaction and approval of the Engineer.
All vegetation shall be removed from the surface to be sealed prior to any chip seal placement. The work shall be
performed within two weeks of surfacing. Any dead or remaining vegetation shall be removed before sweeping
and applying the chip seal. Vegetation may be removed by burning when in the opinion of the Engineer such
• burning causes no safety hazard or air pollution nuisance.
The Contractor shall be responsible for the locating, protecting, and cleaning of all utility covers following the
application of material. The method and procedure shall be submitted and approved by the Engineer. See Section
210, Reset Structures.
Inlet protection for erosion control and construction material infiltration into the inlet shall be required at all
inlets prior to start of Work. See Sections 208, Erosion Control and Inlet Protection, and Section 4000,
Environmental Standard Operating Procedures.
Subsection 409.07 shall include the following:
APPLICATION
The aggregate and CRS-2P application rates shall be in accordance with the Material Application Rate Table for
3/8" aggregate (see Revision of Section 401, Plant Mix Pavements -Hot Applied Overlay).
The Contractor shall check application rates regularly throughout the day and provide a daily application rate to the
Engineer.
1. General
The specific emulsion and cover aggregate application rate shall be determined using factors such as surface
texture, surface temperature, traffic volume, existing road condition, and time of year. The application rate may
be modified at any time during the course of the construction upon approval by the Engineer.
Project Specifications— Page 22 of 34
REVISION OF SECTION 409
SEAL COAT — CHIP SEAL •
2. Emulsion Application
Bituminous material shall be applied by means of a pressure distributor in a uniform, continuous spread over the
section to be treated and within the temperature range of 125 -185' F. The distributor shall be moving forward at
the proper application speed at the time the spray bar is opened.
A strip of roofing paper at least three (3) feet in width and with a length equal to that of the spray bar of the
distributor plus one (1) foot shall be used at the beginning of each spread. If the cut-off is not positive, the use
of paper shall be required at the end of each spread. The paper shall be disposed of in a lawful manner. Any
skipped areas or deficiencies shall be corrected. Junctions of spreads shall be carefully made to assure a smooth
riding surface.
The length of spread of bituminous material shall not be in excess of that which trucks loaded with cover coat
material can cover within five (5) minutes.
The spread of bituminous material shall not be more than four (4) inches wider than the width covered with
aggregate from the spreading device and shall not spread onto the concrete, gutter, or crosspan. Under no
circumstances shall operations proceed in such a manner that the emulsion break be allowed to chill, dry, or
otherwise impair retention of the cover coat. Application rate shall be sufficient to prevent streaked appearance
in the final surface.
The distributor, when not spreading, shall be parked so that the spray bar or mechanism does not drip
bituminous materials onto the surface of the street, gutters or private property. During all applications, the
surface of adjacent structures shall be protected in such a manner as to prevent their being spattered or marred.
Any areas inaccessible to the distributor shall be sprayed by hand. All sidewalks, gutters or other surfaces where
spatter is excessive, in the opinion of the Engineer, shall be immediately cleaned.
Subsection 409.08 shall include the following: •
Stockpiles and Equipment Storage
The Contractor is solely responsible for finding and using suitable stockpile locations. The Owner shall be
allowed access to the stockpile locations at all times. No portion of the right of way may be used for storage
of materials or equipment. Materials shall be stored in an area to prevent water saturation and contamination
of stockpiled aggregates. On -site emulsion tanks shall be empty and cleaned of all residual asphalt prior to
delivery of the first load of approved emulsion. Written authorization to use private property to store equipment
and materials shall be obtained from the property owner and submitted prior to mobilization and use. The
Contractor shall also submit a letter of indemnification to the Owner and the property owner.
Aggregate Application
Immediately following the application of bituminous material, aggregate cover material shall be spread in
quantities as designated. Spreading shall be accomplished in such a manner that the tires of the trucks or
aggregate spreader at no time contact the uncovered and newly applied bituminous material.
If directed by the Engineer, the cover coat material shall be moistened with water to eliminate or reduce the dust
coating of the aggregate prior to placement; however, excess dust may be cause for rejection of the aggregate.
Immediately after the cover coat is spread, any deficient areas shall be covered by additional material.
Project Specifications— Page 23 of 34
•
REVISION OF SECTION 409
SEAL COAT — CHIP SEAL
Rolling
Rolling shall proceed in a longitudinal direction with the road, beginning at the outer edges of application and
working toward the center. Each pass shall overlap the previous pass by one-half of the width of the front wheel
or roll. There shall be a minimum of three (3) passes with the pneumatic -tired rollers over the entire surface
prior to moving ahead. One pass will be considered the number of trips to cover the entire surface from one side
of the street to the other and for the length being worked. The first rolling of the aggregate shall be made before
the asphalt emulsion breaks (roller shall complete the first rolling within approximately two and one-half (2 %)
minutes of the emulsion spray application). In no event shall traffic be allowed on the treated surface until all
rolling has been completed. The aggregate shall not be applied in such a thickness as to cause blanketing. At no
time shall the rollers travel more than ten miles per hour.
Sweeping
After the application of the cover coat material the surface shall be lightly broomed or otherwise maintained as
directed by the Engineer, for a period of three to four days. Maintenance of the surface shall include the
distribution of cover coat material over the surface to absorb any free bituminous material and cover any area
deficient in cover coat material. In those areas requiring additional cover coat material, the surface shall be
rolled with a rubber -tired roller to embed the aggregate in the bituminous material. The maintenance shall be
conducted so as not to displace imbedded material. At the propertime, as determined by the Engineer, all excess
cover coat material shall be removed. Excess aggregate that is clean may be stockpiled and re -used in
subsequent locations at the discretion of the Engineer. The Engineer may reject aggregate that has been
previously applied upon visual observation of the stockpile.
Clean up
• All material swept or blown onto sidewalks, all trash, all discarded chip seal material or other refuse shall be
collected on a daily basis, removed from the site, and disposed of to a site approved by the Engineer.
Fog Seal Application
Three days after the application of the chip seal, or as directed by the Engineer, the Contractor shall sweep all
excess aggregate from the roadway and adjacent areas and may apply a fog seal of diluted CRS-2P, or approved
equal, to all areas chip sealed under this contract. The CRS-2P emulsion shall be diluted 40 percent with water.
The application rate of the asphalt emulsion cut back shall vary between 0.10 and 0. 13 gallons per square yard
as deemed necessary by the Engineer.
Quality Control/Quality Assurance
Samples of materials and of the finished Chip Seal surface shall be furnished as directed by the Engineer during
progress of the work at no expense to Owner.
The Engineer may use the recorders and measuring facilities of the unit(s) to determine application and yield
rates. Yield estimates with supporting documentation from the metering devices and material delivery tickets
will be provided by the Contractor to the Engineer on a daily basis.
The Engineer shall schedule testing as required during the project and shall be notified 24 hrs in advance of all
material deliveries. Gradation tests may be run on the aggregate and (residual asphalt) content tests on the
emulsion. Test results will be compared to specifications. The Engineer must notify the Contractor immediately
if any test fails to meet the specifications.
Project Specifications— Page 24 of 34
REVISION OF SECTION 409
SEAL COAT— CHIP SEAL 0
Frequency of assurance testing will be at the direction of the Engineer. Noncompliance of materials shall be
basis for rejection. It is the responsibility ofthe Contractor, at his own expense, to prove to the Engineer that the
conditions have been corrected before work may continue.
METHOD OF MEASUREMENT
Subsection 409.09 shall include the following:
Chip Seal installation shall not be measured and paid for separately but shall be included in the installation of the
Hot Applied Chip Seal Overlay, complete -in -place, including preparing street surfaces, furnishing all labor, material,
tools, equipment, traffic control, and incidentals and for all work involved in placing the mix, including rolling. .
Any additional additives used by the Contractor must be approved by the Engineer. No separate payment for
additional additives will be made unless approved prior to use by the Engineer.
It is imperative that the Engineer be present at the time of delivery of all materials. Conformance with application
rates will be determined from delivery tickets, minus any excess material not used on the project. It is the
Contractor's responsibility to notify the Engineer 24 hours prior to delivery of materials so that a representative may
be present. No payment will be made for materials delivered without proper notification.
END OF SECTION
•
Project Specifications— Page 25 or34
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
0
REVISION OF SECTION 627
• PAVEMENT MARKINGS
•
Section 627 of the Standard Specifications is hereby revised as follows:
DESCRIPTION
Subsection 627.01 shall include the following:
This work shall consist of furnishing, installing, and removing temporary pavement marking in accordance with the
latest revision of the Fort Collins Traffic Operations Manual, City of Fort Collins Work Area Traffic Control
Handbook, Latimer County Urban Area Street Standards (LCUASS), Colorado Department of Transportation, the
Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), and in conformity to the lines,
dimensions, patterns, locations, and details shown on the plans or established by the Engineer. In unusual
circumstances a temporary stripping plan may be required to be submitted from the Contractor as directed by the
Engineer.
CONSTRUCTION REQUIREMENTS
Subsection 627.03 is revised to include the following:
Temporary pavement markings shall be suitable for use on asphalt cement or portland cement concrete pavements
and shall be installed on roadways that shall be opened to traffic prior to permanent stripping by the City, and shall
conform as follows:
1. The surface to which the tape is applied shall be clean, dry, and free of dirt, oils, and grease. The tape/tab
shall be pressed down immediately after application, until it adheres properly and conforms to the surface.
2. All roads shall have temporary pavement markings before they are opened to traffic unless City stripping
crews have been scheduled to install temporary and/or permanent pavement markings prior to opening the
road to traffic.
3 Markings applied to a final surface shall not leave a scar that conflict with permanent markings.
4. Temporary markings shall be installed in such a way that the markings adequately follow the desired
alignment.
5. Temporary pavement marking tape shall be required for lane lines on arterial roads as follows:
e. Lane lines shall be "taped" intermittently with a 2' long by 4" wide reflective temporary strip at 50'
intervals.
f. It is the Contractor's responsibility to maintain the temporary markings, at the Contractor's expense,
until the permanent pavement marking is installed by City crews.
6. Removable pavement markings shall be installed in accordance with the manufacture's recommendations
and maintained by the Contractor until permanent pavement markings are installed by City crews.
7. Temporary edge lines are not typically required unless specified by the Engineer.
S. All tape shall be removed by the Contractor after permanent markings have been completed by City forces.
Project Specifications — Page 26 of 34
REVISION OF SECTION 627
PAVEMENT MARKINGS •
BASIS OF PAYMENT
Subsection 627.13 is revised to include the following:
All costs for installing and removing temporary stripping shall be considered a subsidiary obligation of the
Contractor in connection with the various items of the work and no measurement or payment shall be made
separately for the installation,, removal, and maintenance of temporary stripping including required traffic control
devices, personnel, and related traffic control incidentals, as specified in these specifications, and as directed by
the Engineer.
END OF SECTION
Project Specifications —Page 27 of 34 0
REVISION OF SECTION 630
CONSTRUCTION ZONE TRAFFIC CONTROL
Section 630 of the Standard Specifications is hereby revised as follows:
DESCRIPTION
Subsection 630.01 shall include the following:
This work shall consist of furnishing, installing, moving, maintaining, and removing temporary construction traffic
control devices, including but not limited to signs, advance warning arrow panels, variable message boards,
barricades, channelizing devices, and delineators as required by the latest revisions ofthe City of Fort Collins "Work
Area Traffic Control Handbook," the "Manual on Uniform Traffic Control Devices for Streets and Highways"
(MUTCD), the "Larimer County Urban Area Street Standards" (LCUASS), and the "Colorado Department of
Transportation Road and Bridge Standard Specifications" (CDOT).
/n the event of a conflict between the iY/UTCD criteria and the City's criteria, the City's criteria shall govern.
MATERIALS
Subsection 630.02 shall include the following:
All traffic control devices placed for the project must meet or exceed the minimum standards. 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.)
Sign blanks 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:
The Contractor shall be responsible for ensuring safe passage through the work zone for vehicles, pedestrians
and bicycles.
The City of Fort Collins shall not be responsible for any loss or damage to equipment due to theft or vandalism or
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.
Two-way traffic shall be maintained at all times unless approved by the Engineer. Lane width shall be maintained at
a minimum of ten (10') feet.
The Contractor will provide 24 hour minimum notice to the City of Fort Collins Traffic Department when
construction operations will be near a signalized intersection.
Notification ofresidents and businesses shall be the responsibility of the Contractor, Contractor Representative, TCS
or TCS Representative and shall consist of distributing letters indicating the nature ofthe work to be completed, any
special instructions to the residents (i.e. limits on lawn watering during construction, etc.), dates and times of the
work, and parking and access restrictions that will apply. Sample letters shall be provided by the Engineer.
Notification letters with the Traffic Control Plans shall be submitted for approval by Engineer and shall be
distributed by the Contractor's representative a minimum of 43 hours prior to the commencement of each phase of
• the work.
Project Specifications— Page 28 of 34
REVISION OF SECTION 630
CONSTRUCTION ZONE TRAFFIC CONTROL
Devices temporarily not in use shall be removed from the area. Moving shall include devices removed from the
project and later returned to use. Devices may be temporarily placed and/or stored in the City right-of-way in such a
manner that minimizes the hazards to pedestrians, bicyclists, and vehicles as approved by the Engineer.
Traffic control devices shall be removed from the site immediately upon completion of the work for any street(s).
TRAFFIC CONTROL PLANS
Traffic control plans shall be submitted on City supplied forms and approved for all work locations/areas prior to
commencement of any Work. Traffic control plans 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).
Typical Traffic Control Plans shall be submitted for approval to the Engineer by 8:00 a.m. two working days (48
hours) prior to the commencement of work. All plans shall be delivered to the Engineer, 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.
A Traffic Control Plan shall be submitted for each Arterial and each Collector street scheduled for work. Each
residential area shall have one typical Traffic Control Plan submitted for the area. When changes to the Traffic
Control Plan(s) are necessary, a re -submittal for the area shall be provided for approval.
The Traffic Control Plan shall include, as a minimum, the following
(1) A detailed diagram which shows the location of all sign placements, including advance construction
signs (if not previously approved) and speed limit signs; method, length and time duration for lane
closures, and location of flag persons.
(2) A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to:
construction signs, vertical panels, vertical panels with lights, Type 1/11/Ill barricades, cones, drum
channelizing devices, advance warning flashing or sequencing arrow panels. Certain traffic control
devices may be used for more than one operation or phase. However, all devices required for any
particular phase must be detailed and tabulated for each phase.
(3) Number of flaggers to be used.
(4) Parking Restrictions to be in affect.
(5) Detailed pedestrian and bicycle movement.
Flagger stations shall be located such that approaching motorists, bicyclists, and pedestrians, shall have sufficient
distance to safely stop at a specified location. The Contractor shall maintain access at all times to businesses,
schools, and residents and shall communicate their schedule 48 hours prior to beginning the Work.
Approval of the proposed method of handling traffic does not relieve the Contractor of liability specifically assigned
to him under this contract.
Project Specifications — Page 29 or 34
0
REVISION OF SECTION 630
• CONSTRUCTION ZONE TRAFFIC CONTROL
The typical quantity of Variable Message Boards shall be: Six (6) on Arterial streets, Four (4) on Collector streets,
None on Residential streets. Variable Message Boards shall be placed a minimum of 5 working days prior to the
project. For full closures on Arterials and Collectors, Variable Message Boards shall remain in place until
completion of the project. For lane closures on Arterials and Collectors, message boards shall remain in place for
two days after starting work. The Engineer will issue direction for the number of boards, general locations for
placement, and message verbiage. Fully automated variable message boards shall be installed, maintained, and
operate continuously for the duration of the Work on Arterials and Collectors.
TRAFFIC CONTROL MANAGEMENT
Subsection 630.1 l shall be revised as follows:
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 Engineer during non working hours. A 24-hour
telephone number shall be provided to the Engineers.
All traffic control devices and traffic control management shall be placed under the supervision of a Traffic Control
Supervisor.
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
either a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control
Supervisor or a Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor. Proof of
certification shall be presented to the City Traffic Control Manager for each TCS utilized on the project.
• The Traffic Control Supervisor shall have approved traffic control plans for the work site and shall have available at
all times 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.
•
It is the intent of the specifications that the Head TCS be the same throughout the project, on site at all times
during construction hours, and equipped with a cellular phone. The Head TCS shall be "on call" and
available during non -working hours and a 24-hour telephone number shall be provided to the Engineer. The
response time from the Engineer's contact outside of construction hours shall be 30 minutes or less and
correction of the issue(s) shall be one (l) hour or less.
If, in the opinion of the Engineer, 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.
4. Coordinate project activities with appropriate police and Fire control agencies, Transfort (Fort Collins Bus
Service), school districts and other affected agencies and parties prior to construction.
5. Notify residents and businesses at least 48 hours prior to construction.
a. Notifications may be accomplished by a representative of the TCS such as a flagger and shall be
typed and hand delivered to all businesses and residents.
Project Specifications — Page 30 of 34
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 Engineer daily and shall include the following information as a
minimum:
a. Date
b. For Traffic Control Inspection, the time of the inspections
c. Project description and location
d. Traffic Control Supervisor's name
e. Types and quantities of traffic control devices used per approved Method of Handling Traffic (MHT)
f. List of flaggers used, including start time, stop time and number of flagging hour breaks
g. Traffic control problems (traffic accidents; damaged, missing or dirty devices, etc.) and corrective
action taken
Notification of residents and businesses shall be the responsibility of the TCS or TCS Representative and shall
consist of distributing letters indicating the nature of the work to be completed, any special instructions to the
residents (i.e. limits on lawn watering during construction), the dates and times of the work, and the parking and
access restrictions that will apply, as well as thorough information placed on "NO PARKING" signs. Sample letters
will be provided by the Engineer and shall be distributed prior to the commencement of each phase of the work.
Letters shall be submitted with the Traffic Control Plans for approval. Approved letters shall be distributed a
minimum of 48 hours prior to the commencement of work.
The Traffic Control Supervisor shall have up to date copies of the City of Fort Collins' Work Area Traffic Control
Handbook, and Part VI of the MUTCD, pertaining to traffic control for street and highway construction, available at
all times.
The following list reflects devices that may be used on the project or as authorized by the Engineer:
"No Parking" Sign with Stand
Size A Specialty Sign
Vertical Panel without Light
Size B Specialty Sign
Channelizing Drum without Light
Safety Fence
Type 1/11 Barricade without Light
Light
Type I❑ Barricade without Light
Advance Warning Flashing or Sequencing Arrow Panel
Cone with Reflective Strip
Variable Message Board
Size a Sign with Stand
Size B Sign with Stand
Project Specifications — Page 31 of 34
•
•
•
REVISION OF SECTION 630
• CONSTRUCTION ZONE TRAFFIC CONTROL
METHOD OF MEASUREMENT
Subsection 630.15 shall include the following,
All costs associated with the Traffic Control Plan submittal and review will not be measured or paid for separately,
but shall be considered incidental to the work.
The City shall deduct from compensation due the Contractor $10.00 per day for each traffic control device not
removed from the site immediately upon completion of the work or as directed by the Engineer.
Flagger hand signs and devices, such as Stop/Slow paddles, shall not be measured and paid for separately, but shall
be included in the work.
The flagger(s) shall be provided with electronic communication devices as required. These devices will not be
measured and paid for separately, but shall be included in the cost of thework.
The cost of batteries, electricity and/or fuel for all lighting or warning devices will not be paid for separately but
shall be included in the cost of the work.
Sand bags and caution tape will not be measured and paid for separately, but shall be included in the work
The Contractor may provide larger construction traffic signs than those typically used in accordance with the City of
Fort Collins Work Area Traffic Control Handbook and the MUTCD, if approved by the Engineer, however no
payment will be made for the additional panel size.
Business signs and detour placard street names are NOT considered Specialty Signs and will not be measured or
. paid for separately, but shall be included in the work.
•
The City shall not be responsible for any losses or damage due to theft or vandalism. The City will not be
responsible for any damages caused by the Contractor's construction activities to the public. Private or public
property which is damaged by the Contractor's equipment or employees will be the sole responsibility of the
Contractor.
NOTES:
ARTERIAL STREETS - Shall include Flagging Personnel required for the road classification and the
Contractor's daily work activities and six (6) Variable Message Boards in addition to the minimum signage
required by the specifications.
COLLECTOR STREETS - Shall include Flagging Personnel required for the road classification and the
Contractor's daily work activities and four (4) Variable Message Boards in addition to the minimum signage
required by the specifications.
RESIDENTIAL STREETS - Shall include Flagging Personnel required for the road classification and the
Contractor's daily work activities in addition to the minimum signage required by the specifications. Residential
streets shall not require Variable Message Boards.
"The City of Fort Collins Master Street Plan" map depicting the street classifications (Arterial, Collector, Residential)
can be found at the following link:
http://citydocs.fcsov.com/?dt=Master+Street+Plan+Map&dn=GIS+MAPS&vid=192&cmd=showdt
Project Specifications — Page 32 of 34
REVISION OF SECTION 630
CONSTRUCTION ZONE TRAFFIC CONTROL .
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 Flagging Personnel Hour
All traffic control costs including but not limited to furnishing equipment, equipment
mobilization/demobilization/modification, TCS and flagging personnel, vehicles, phones, notification delivery,
hand signs, communication devices, sandbags, and all related incidentals required for traffic control under
this contract shall be considered a subsidiary obligation of the Contractor in connection with the various
items of the work. No measurement or payment shall be made separately for traffic control related items as
specified in these specifications or as directed by the Engineer.
Payment shall be made for "Additional Variable Message Board" and "Additional Flagging Personnel' only
when additions to the minimum traffic control requirements are requested in writing by the Engineer.
•
Project Specifications — Page 33 of 34 0
REVISION OF SECTION 630
• CONSTRUCTION ZONE TRAFFIC CONTROL
SPECIAL CONDITIONS FOR WORK ON ARTERIALS AND COLLECTORS
NOTE: CROSS STREET TRAFFIC SHALL BE MAINTAINED AT ALL TIMES UNLESS AUTHORIZED BY THE
ENGINEER IN WRITING.
NOTE: FULL CLOSURES ON ARTERIALS AND COLLECTORS WILL BE ALLOWED UNDER EXTREME
CIRCUMSTANCES AND ONLY UPON APPROVAL BY THE ENGINEER. PLANS SHALL BE
APPROVED A MINIMUM OF TWO WEEKS PRIOR TO THE COMMENCEMENT OF WORK AND/OR
THE TIME REQUIRED TO ADEQUATELY NOTIFY THE PUBLIC THROUGH THE MEDIA.
NOTE: CONSTRUCTION OR REPAIR WORK WILL NOT BE PERMITTED AT OR IN THE VICINITY OF
SIGNALIZED INTERSECTIONS OR ANY ARTERIAL AND COLLECTOR STREETS THAT HAVE
MAJOR TRAFFIC VOLUMES BETWEEN THE HOURS OF 7:00 A.M. TO 8:30 A.M. OR 3:30 P.M. TO
6:30 P.M. (EXCEPT IN THE CASE OF AN EMERGENCY).
EXCEPTIONS MAY BE MADE FOR CONSTRUCTION OR REPAIR WORK ON ARTERIALS
AND COLLECTORS BETWEEN THE HOURS OF 7:00 A.M. TO 6:00 P.M., MONDAY
THROUGH FRIDAY EXCLUDING HOLIDAYS, WHEN ALL EQUIPMENT, LABOR, TRAFFIC
CONTROL DEVICES AND CONSTRUCTION ARE NOT IN THE VICINITY OF AN
INTERSECTION. THE ENGINEER WILL AUTHORIZE SUCH WORK AND SPECIFY THE
REQUIRED DISTANCE FROM THE INTERSECTION.
NOTE: TIME RESTRICTIONS ON S.H. 287 (COLLEGE AVENUE) WILL NORMALLY BE RESTRICTED FROM
9:00 AM TO 3:00 PM.
• NOTE: CONSTRUCTION HOURS, EXCEPT FOR EMERGENCIES, SHALL BE LIMITED TO 7:00 A.M. TO 6:00
P.M., MONDAY THROUGH FRIDAY EXCLUDING HOLIDAYS UNLESS OTHERWISE AUTHORIZED
IN WRITING BY THE ENGINEER.
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 34 of 34
SECTION 02500
QUANTITIY ESTIMATE -
This work shall consist of placement of Hot Applied Chipseal Overlay on designated streets in the City of Fort
Collins. Specific locations are described herein. Locations not listed in this section will be added by Change Order
as they arise.
All quantities stipulated in the Bid Schedule at unit prices are approximate and are to be used only as a basis for
estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The
basis of payment shall be the actual amount of materials furnished and Work done.
Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any
difference between the amount of Work actually performed and materials actually furnished and the estimated
amount therefor.
•
t
I
SECTION 00610
PERFORMANCE BOND
Bond No. 929553483
KNOW ALL MEN BY THESE PRESENTS: that
A-1 Chipseal Co.
2001 W. 641h Lane, Denver, CO 80221
(an4nd64deal), (gip), (a Corporation), hereinafter referred to as the "Principal" and
(Firm) Western Surety Company
(Address) 10375 Park Meadows Drive, Littleton, CO 80124
hereinafter referred to as "the Surety", are held and firmly bound unto 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 Nine Hundred Sixty -Five Thousand Six Hundred Fifty -
One Dollars & Twenty -Five Cents ( $965 651 25)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 14th day of June, 2012, a copy of which is
hereto attached and made a part hereof for the performance of The City of Fort Collins Project,
7256 Hot Applied Chipseal Overlay 2012 Renewal.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions and agreements of said Agreement during the
original term thereof, and any extensions thereof which may be granted by the OWNER, with or
without Notice to the Surety and during the life of the guaranty period, and if the Principal shall
satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and
save harmless the OWNER from all cost and damages which it may suffer by reason of failure
to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER
may incur in making good any default then this obligation shall be void; otherwise to remain in
full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Agreement or to the
Work to be performed thereunder or the Specifications accompanying the same shall in any way
affect its obligation on this bond; and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the Work or to the
Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the 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.
•
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SECTION 03000
DETAILS
Rock Sock (RS) SC-5
Straw Bale Filter D23
Gravel Filter D24, D25
0
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Rock Sock (RS) SC-5
Description
A rock sock is constructed of gravel
that has been wrapped by wire mesh or
a geotextile to form an elongated
cylindrical filter. Rock socks are
typically used either as a perimeter
control or as part of inlet protection.
When placed at angles in the curb line,
rock socks are typically referred to as
curb socks. Rock socks are intended to
trap sediment from stormwater runoff
that flows onto roadways as a result of
construction activities.
Appropriate Uses
Rock socks can be used at the perimeter
of a disturbed area to control localized
Photograph RS-1. Rock socks placed at regular intervals in a curb
line can help reduce sediment loading to storm sewer inlets. Rock
socks can also be used as perimeter controls.
sediment loading. A benefit of rock
socks as opposed to other perimeter controls is that they do not have to be trenched or staked into the
ground; therefore, they are often used on roadway construction projects where paved surfaces are present.
Use rock socks in inlet -protection applications when the construction of a roadway is substantially
complete and the roadway has been directly connected to a receiving storm system.
Design and Installation
When rock socks are used as perimeter controls, the maximum recommended tributary drainage area per
100 lineal feet of rock socks is approximately 0.25 acres with disturbed slope length of up to 150 feet and
a tributary slope gradient no steeper than 3:1. A rock sock design detail and notes are provided in Detail
RS-I. Also see the Inlet Protection Fact Sheet for design and installation guidance when rock socks are
used for inlet protection and in the curb line.
When placed in the gutter adjacent to a curb, rock socks should protrude no more than two feet from the
curb in order for traffic to pass safely. If located in a high traffic area, place construction markers to alert
drivers and street maintenance workers of their presence.
Maintenance and Removal
Rock socks are susceptible to displacement and breaking due to vehicle traffic. Inspect rock socks for
damage and repair or replace as necessary. Remove sediment by sweeping or vacuuming as needed to
maintain the functionality of the BMP, typically when sediment
has accumulated behind the rock sock to one-half of the sock's
height.
Once upstream stabilization is complete, rock socks and
accumulated sediment should be removed and properly disposed.
Rock Sock
,Tunctio'w`
Erosion Control No
Sediment Control Yes
Site/Material Management No
November 2010 Urban Drainage and Flood Control District
Urban Storm Drainage Criteria Manual Volume 3
RS-1
November 2010 Urban Drainage and Flood Control District
Urban Storm Drainage Criteria Manual Volume 3
RS-1
SC-5 Rock Sock (RS)
RS
1Y2" (MINUS) CRUSHED ROCK
ENCLOSED IN WIRE MESH IY2" (MINUS) CRUSHED ROCK
ENCLOSED IN WIRE MESH
WIRE TIE ENDS
4" TO 6" MAX AT
L 0" ON BEDROCK OR GROUND SURFACE L
CURBS, OTHERWISE
HARD SURFACE, 2" 6"-10" DEPENDING
IN SOIL ON EXPECTED
SEDIMENT LOADS
ROCK SOCK SECTION ROCK SOCK PLAN
ANY GAP AT JOINT SHALL BE FILLED WITH AN ADEQUATE
AMOUNT OF IY2" (MINUS) CRUSHED ROCK AND WRAPPED
WITH ADDITIONAL WIRE MESH SECURED TO ENDS OF ROCK
ROCK SOCK, ` REINFORCED SOCK. AS AN ALTERNATIVE TO FILLING JOINTS
TYP / BETWEEN ADJOINING ROCK SOCKS WITH CRUSHED ROCK AND
12' 12' ADDITIONAL WIRE WRAPPING, ROCK SOCKS CAN BE
OVERLAPPED (TYPICALLY 12—INCH OVERLAP) TO AVOID GAPS.
ROCK SOCK JOINTING
ROCK SOCK INSTALLATION NOTES
1. SEE PLAN VIEW FOR:
—LOCATION(S) OF ROCK SOCKS.
GRADATION TABLE
SIEVE SIZE
MASS PERCENT PASSING
SQUARE MESH SIEVES
NO. 4
2
100
1Y2"
90 — 100
1 "
20 — 55
3/4'
0 — IS
a¢"
0 — 5
MATCHES SPECIFICATIONS
FOR NO. 4
COARSE AGGREGATE FOR CONCRETE
PER AASHTO
M43. ALL ROCK SHALL BE
FRACTURED
FACE, ALL SIDES.
2. CRUSHED ROCK SHALL BE 1Y2" (MINUS) IN SIZE WITH A FRACTURED FACE (ALL SIDES)
AND SHALL COMPLY WITH GRADATION SHOWN ON THIS SHEET (1,V2" MINUS).
3. WIRE MESH SHALL BE FABRICATED OF 10 GAGE POULTRY MESH, OR EQUIVALENT, WITH A
MAXIMUM OPENING OF Y2", RECOMMENDED MINIMUM ROLL WIDTH OF 48"
4. WIRE MESH SHALL BE SECURED USING "HOG RINGS" OR WIRE TIES AT 6" CENTERS
ALONG ALL JOINTS AND AT 2" CENTERS ON ENDS OF SOCKS.
5. SOME MUNICIPALITIES MAY ALLOW THE USE OF FILTER FABRIC AS AN ALTERNATIVE TO WIRE
MESH FOR THE ROCK ENCLOSURE.
RS-1. ROCK SOCK PERIMETER CONTROL
RS-2 Urban Drainage and Flood Control District November 2010
Urban Storm Drainage Criteria Manual Volume 3
Rock Sock (RS) SC-5
ROCK SOCK MAINTENANCE NOTES
1. INSPECT BMPs EACH WORKDAY, AND MAINTAIN THEM IN EFFECTIVE OPERATING CONDITION.
MAINTENANCE OF BMPs SHOULD BE PROACTIVE, NOT REACTIVE. INSPECT BMPs AS SOON AS
POSSIBLE (AND ALWAYS WITHIN 24 HOURS) FOLLOWING A STORM THAT CAUSES SURFACE
EROSION, AND PERFORM NECESSARY MAINTENANCE.
2. FREQUENT OBSERVATIONS AND MAINTENANCE ARE NECESSARY TO MAINTAIN BMPS IN
EFFECTIVE OPERATING CONDITION. INSPECTIONS AND CORRECTIVE MEASURES SHOULD BE
DOCUMENTED THOROUGHLY.
3. WHERE BMPS HAVE FAILED, REPAIR OR REPLACEMENT SHOULD BE INITIATED UPON
DISCOVERY OF THE FAILURE.
4. ROCK SOCKS SHALL BE REPLACED IF THEY BECOME HEAVILY SOILED, OR DAMAGED
BEYOND REPAIR.
5. SEDIMENT ACCUMULATED UPSTREAM OF ROCK SOCKS SHALL BE REMOVED AS NEEDED TO
MAINTAIN FUNCTIONALITY OF THE BMP, TYPICALLY WHEN DEPTH OF ACCUMULATED SEDIMENTS
IS APPROXIMATELY )¢ OF THE HEIGHT OF THE ROCK SOCK.
6. ROCK SOCKS ARE TO REMAIN IN PLACE UNTIL THE UPSTREAM DISTURBED AREA IS
STABILIZED AND APPROVED BY THE LOCAL JURISDICTION.
7. WHEN ROCK SOCKS ARE REMOVED, ALL DISTURBED AREAS SHALL BE COVERED WITH
TOPSOIL, SEEDED AND MULCHED OR OTHERWISE STABILIZED AS APPROVED BY LOCAL
JURISDICTION.
(DETAIL ADAPTED FROM TOWN OF PARKER, COLORADO AND CITY OF AURORA, COLORADO, NOT AVAILABLE IN AUTOCAD)
• NOTE. MANY JURISDICTIONS HAVE BMP DETAILS THAT VARY FROM UDFCD STANDARD DETAILS.
CONSULT WITH LOCAL JURISDICTIONS AS TO WHICH DETAIL SHOULD BE USED WHEN
DIFFERENCES ARE NOTED.
NOTE: THE DETAILS INCLUDED WITH THIS FACT SHEET SHOW COMMONLY USED, CONVENTIONAL
METHODS OF ROCK SOCK INSTALLATION IN THE DENVER METROPOLITAN AREA. THERE ARE
MANY OTHER SIMILAR PROPRIETARY PRODUCTS ON THE MARKET. UDFCD NEITHER NOORSES
NOR DISCOURAGES USE OF PROPRIETARY PROTECTION PRODUCTS: HOWEVER, IN THE EVENT
PROPRIETARY METHODS ARE USED, THE APPROPRIATE DETAIL FROM THE MANUFACTURER MUST
BE INCLUDED IN THE SWMP AND THE BMP MUST BE INSTALLED AND MAINTAINED AS SHOWN
IN THE MANUFACTURER'S DETAILS.
November 2010 Urban Drainage and Flood Control District RS-3
Urban Storm Drainage Criteria Manual Volume 3
i
Area Inlet
wish Grate %
a C O C'l
sue. C. II
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o c
Straw Sales Staked
with 2 Stakes Per Sale
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PLAN VIEW t
Stake Twine
Runoff Cornpactecl Soil
' � IY•1� I I �,y�y =' � M r1
FIhared Watzr
SEGiIoN A —A
General Notes:
1. Wedge loose straw between the staked
bales. AREA INLET FILTER
2. Inspect and repair filters after each STRAW BALES
storm event. Remove sediment when
one half of the filter depth has been CITY OF FORT COLLINS, COLORADO
fitted. Removed sediment shall be STORMWATER UTILITY
deposited in an area tributary to a APPROVED BY:
sediment basin or other filtering measure, DATE:
3. Sediment shall be removed immediately REVISIONS:
from traveled way of roads. D-23
c IGUPZ 6.2
Wire Screen--—Concref231ock
• (Approx. %z',tesr)
•
FJA
-Grdvei Miter
Area in
... _- , -7
PLAN VfEW
Gravel Filter
Overflow 1— C0ncm®Z Block
i-- Wire Screen
Runoff I ICi OlG Caravel Filter
,.�.,..� -IE3 Gln
iUlpw�rN=9Y
L
Fi Iterec! Water --a
SECTION A -A
General Notes:
t. Inspect and repair filters after each storm
event. Remove sediment when one half of
the filter depth has been filled. Removed
sediment shall be deposited in an area
- tributary to a sediment basin or other
filtering measures.
2. Sediment and gravel shall be immediately
removed from traveled way of roads.
• FIGUIU 6.3
AREA INLET FILTER
GRAVEL
CITY OF FORT COLLINS, COLORADO
STORMWATER UTILITY
APPROVE) BY:
DATE:
nFIISIONSt
D-2c
r
PAGE 32
Cmvei Flit
(4porox.
Dt' Meter
' (Aporo)0%' lesh;
BIoG{
PLAN VIEW
C er oiu FAered I,Ucte
-C„ro -nlex
SECT 10N A -A
W
General Notes: CURB INLET FILTER
1. Inspect and repair filters after each
storm event. Remove sediment when GRAVEL
one half of the fitter depth has been
filled. Removed sediment shall be de- CITY OF -FORT COLLINS, COLORADO
posited in an.. area tributary to a sedi- STORMWATER UTILITY
ment basin or other filtering measure. APPROVED Sy:
2. Sediment and gravel shall be immediately D.a-t:
removed from traveled way of roads. REVISIONS: D-25 l
FTGUR-7 6.4
•
•
• SECTION 03500
PROJECT MAPS
AREA MAPS
Vicinity Map in order of priority:
Turnberry Rd
Mountain Vista Dr
Giddings Rd
Richards Lake Rd
Busch Dr
E Prospect Rd
Trilby Rd
Overall Map is also included
S
•
Mountain Vista Dr to 500' S of Country Club Rd
Timberline Rd to Tumberry Rd
Richards Lake Rd to Mountain Vista Dr
Giddings Rd to 1-25
Mountain Vista Dr to Richards Lake Rd
Bridge E of Frontage Rd to County Rd 5
W side of S Shields St west to Pavement Change
Fort of BU5CM AND MOUNTAIN V15TA AREAS `
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IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of
which shall be deemed an original, this 20th day of June 2012
IN PR S CE OFF
-StephalAie Wallis
Corporate Secretary
(Title)
(Corporate Seal)
IN PRESENCE OF:
IN PRESENCE OF:
Witness
(Surety Seal)
2001 W. 64th Lane, Denver, CO 80221
(Address)
Other Partners
By:.
By:
Western Surety Company
Surety
�.� -
Rdren A. F stadi'tiAttorney n-lact
10375 Park Meadows Drive, Littleton, CO 801'24
(Address)
NOTE: Date of Bond must not be prior to date of Agreement.
If CONTRACTOR is Partnership, all partners should execute Bond.
1vict°07C11 MOODY INSURANCE AGENCY, INC.
® 8055 East 1Lrts Avenue, Suite 1000
DENVER, COLORADO 80237
PHONE: (303) 824-6600
N
Fort of E PROSPECT AREA
E
SUeets
s
•
•
•
Fort of
` Streets
TRILBY AREA
s=A CT
TANG CT
=oA
Tniey FC
OR
HTREPd)
CABOT CT
0
IVON CT
Fort Collins 201 2 hot Applied Chip Overlay
sveets (Subject to Change) wE
0
•
0
SECTION 04000
EROSION CONTROL AND INLET PROTECTION
INDEX OF EWIORNNIENTAL STANDARD OPERATING PROCEEDURES (ESOP)
New Construction Activities for Municipalities 1 - 2
Street, Curb, and Gutter Replacement and Construction 1 - 3
Street, Curb, and Gutter Maintenance 1 - 3
Spill Prevention and Response 1 - 4
Utility and Storm Sewer System Maintenance 1-4
Utility and Storm Sewer System Replacement and Construction 1 - 3
Power Washing 1 - 3
Vehicle Fueling 1-3
Outdoor Fleet Maintenance 1 - 4
Heavy Equipment and Vehicle Maintenance 1-4
Ve
rig
Originator
Revised
Approved
Issued
cat
ion
Init
ial
ss
s
LR Oct. 09
10/19/09
Do
to
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 location: I:\RGA Division\SOPS\ESOPs
Revisions
R.
N Date Description
001
002
ve
rig
cat I Originator I Revised Approved I Issued
0
SECTION 04000
EROSION CONTROL AND INLET PROTECTION
w
New Construction Activities for
For More Information
Municipalities
Name
Address
City, State
Description
Phone e-
This fact sheet covers new construction activities disturbing less than
mail
one acre not subject to a CDPS Construction permit. New construction
-
includes, but is not limited to buildings, structures, capital
Possible Pollutants
improvements, roadways, and recreational components such as trails,
restrooms, and other structures. Procedures provided are general in
Sediment
nature and can be applied to any scale or type of municipal
Chemicals
construction.
Organics
Trash
When services are contracted, this written procedure should be
Good Housekeeping
provided to the contractor so they have the proper operational
procedures. In addition, the contract should specify that the contractor
Waste Management
is responsible for abiding by all applicable municipal, state, and federal
Employee/Contractor Training
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 acre or
Maintenance
more, or less than one acre but part of a larger common plan of
Spill Prevention and Response
development.
Street, Curb, and Gutter
A larger common plan of development is defined as a
Replacement and
Construction
contiguous area where multiple separate and distinct
construction activities may be taking place at different times on
Utilities and Storm Sewer
different schedules under one plan.
System Replacement and
Construction
A dewatering permit may be required if construction
activities require the removal and discharge of groundwater
Vehicle Fueling
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
Paget of 2
0
SECTION 04000
EROSION CONTROL AND INLET PROTECTION
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.
Fi Where feasible, grading activities should be scheduled during dry weather.
u 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.
G 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: u
Records of employee training with sign -in sheet.
References
Cihj of Centennial SOP: Necu Construction SOP, August 2007.
Mesa County, Municipal Operations and Maintenance Program, July 2005.
0
SECTION 04000
EROSION CONTROL AND INLET PROTECTION
• For More Information
Name
Address
City, State
Phone e-
mail
Possible Pollutants
Fine-grained sediment
Organics Oil Saw -cut
slurry Trash
Good Housekeeping
Dumpster/Waste Management
Employee/Contractor Training
Proper cleanup and disposal
procedures Dry
cleaning methods
Related Procedures
Spill Prevention and Response
Street Sweeping Street Sweeper
Cleaning and
Waste Street, Curb
and Gutter Maintenance
0
Street, Curb, and Gutter
Replacement and
Construction
Description
Procedures involving the replacement and construction of
streets, curbs, and gutters have the potential to impact
stormwater quality. Materials involved in these activities
should be used efficiently and disposed of properly.
When services are contracted, this written procedure
should be provided to the contractor so they have the
proper operational procedures. In addition, the contract
should specify that the contractor is responsible for abiding
by all applicable municipal, state, and federal codes, laws,
and regulations.
Procedures
General
Obtain all applicable federal, state, and local
permits for construction projects.
• The Colorado Stormwater Construction
General permit applies to construction sites disturbing
one acre or more, or less than one acre but part of a
larger common plan of development.
L• A larger common plan of development is
ined as a contiguous area where multiple separate
and distinct construction activities may be taking place
at different times on different schedules under one
plan.
• A dewatering permit may be required if
construction activities require the removal and
discharge of groundwater offsite.
• A U.S. Army Corp of Engineers (USACE)
Section 404 Permit may be needed if the work will be
conducted in or impact waters of the United States,
including wetlands, washes, drainages, ditches, creeks,
streams, and rivers.
Page t of 9
SECTION 04000
EROSION CONTROL AND INLET PROTECTION
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.
u Monitor construction equipment for leaks and use drip pans as necessary.
G 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.
C. 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.
n 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.
0
SECTION 04000
EROSION CONTROL AND INLET PROTECTION
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 Progra t, No Date. City of
Centennial, Department of public Works: Asphalt Program, No Date. PACE, Stornauater Best
Management Practices: Street Maintenance, No Date.
Optional Additional Resources
Concrete truck washout BMP specifications.
Gravel road maintenance procedures.
0
SECTION 04000
EROSION CONTROL AaND INLET PROTECTION
Street, Curb, and Gutter
For More Information
Maintenance
Name
Address
Description
City. State
Phone e-
Street, curb, and gutter activities include concrete and
mail
asphalt installation, maintenance, repair, and replacement;
bridge maintenance; and painting and striping. Procedures
Possible Pollutants
involving the maintenance of streets, curbs, and gutters
have the potential to impact stormwater quality. Materials
Fine-grained sediment
involved in these activities should be used efficiently and
Organics Oil Saw -cut
disposed ofproperly.
slurry Trash
When services are contracted, this written procedure
Good Housekeeping
should be provided to the contractor so they have the
proper operational procedures. In addition, the contract
Dumpster/Waste Management
should specify that the contractor is responsible for abiding
Employee/Contractor Training
by all applicable municipal, state, and federal codes, laws,
Proper cleanup and disposal
and regulations.
procedures Dry
.
cleaning methods
Procedures
Related Procedures
General
Spill Prevention and Response
Protect storm drain inlets and drains with curb socks,
Street Sweeping Street Sweeper
rock berms, inlet protection, or drain covers/ mats prior
Cleaning and
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. L Monitor
equipment for leaks and use drip pans as necessary. ❑
Sweep or vacuum the roadway once maintenance
activities are complete.
L
s
I
SECTION 00615
PAYMENT BOND
Bond No.929553483
KNOW ALL MEN BY THESE PRESENTS: that
A-1 Chipseal Co.
2001 W. 64" Lane, Denver, CO 80221
(af*4+d >al . (a Aartsershipj, (a Corporation), hereinafter referred to as the "Principal' and
(Firm) Western Surety Company
(Address) 10375 Park Meadows Drive, Littleton, CO 80124
hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins.
300 Laporte Ave. Fort Collins Colorado 80522 a (Municipal Corporation) hereinafter referred to
as "the OWNER", in the penal sum Nine Hundred Sixty -Five Thousand Six Hundred Fifty -
One Dollars 8 Twenty -Five Cents ( $965 651 25) of in lawful money of the United States,
for the payment of which sum well and truly to be made, we bind ourselves, successors and
assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the 14th day of June 2012, a copy of which is hereto
attached and made a part hereof for the performance of The City of Fort Collins project, 7256
Hot Applied Chipseal Overlay 2012 Renewal.
NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors,
and corporations furnishing materials for or performing labor in the prosecution of the Work
provided for in such Agreement and any authorized extension or modification thereof, including
all amounts due for materials, lubricants, repairs on machinery, equipment and tools,
consumed, rented or used in connection with the construction of such Work, and all insurance
premiums on said Work, and for all labor, performed in such Work whether by subcontractor or
otherwise, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Agreement or to the
Work to be performed thereunder or the Specifications accompanying the same shall in any way
affect its obligation on this bond; and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the Work or to the
Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim 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.
SECTION 04000
EROSION CONTROL AND INLET PROTECTION
Bridge Maintenance
Do not transfer or load any materials directly over waterways.
❑ Secure lids and caps on all containers when on bridges.
El 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.
n 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.
G 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:
E
SECTION 04000
EROSION CONTROL AND INLET PROTECTION
❑ 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, Stonnroater Best
Management Practices: Street Maintenance, No Date.
Optional Additional Resources
Concrete truck washout BMP specifications.
Gravel road maintenance procedures.
E
CJ
0
E
9
SECTION 04000
EROSION CONTROL AND INLET PROTECTION
Spill Prevention and
For More Information
Response
Name
Address
City, State
Description
Phone e-
Due to the type of work and the materials involved, many
mail
activities that occur either at a municipal facility or as part of
municipal operations have the potential for accidental spills.
Possible Pollutants
Some municipal facilities operate under Spill Prevention Control
Chemicals
and Countermeasures (SPCC) plans that include procedures for
spill response. Proper spill response planning and preparation
Toxics Oil
enables employees and contractors to effectively respond to
' Paint Fuel
problems and minimize the discharge of pollutants to the storm
sewer system.
Good Housekeeping
When services are contracted, this written procedure should
Waste Management
be provided to the contractor so they have the proper
Employee/Contractor Training
operational procedures. In addition, the contract should
Proper cleanup and disposal
specify that the contractor is responsible for abiding by all
procedures
applicable municipal, state, and federal codes, laws, and
Related Procedures
regulations.
Fertilizer, Pesticide, and
Procedures
Herbicide Application Heavy
Equipment and Vehicle
Spill Prevention
Maintenance Material Storage
Keep work areas neat and well organized.
Materials Management Outdoor
Vehicle Maintenance Vehicle
n Maintain a Material Safety Data Sheet (NISDS) for each
Fueling
hazardous chemical. Follow the Outdoor Material StoraEe
procedures.
❑ 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.
D 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.
SECTION OJ000
EROSION CONTROL AND INLET PROTECTION
u 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.
i_, 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.
n Use sand absorbents or socks, pillows, or pads to quickly capture spilled liquid and properly
dispose of all clean-up materials. Use dry clean-up methods only.
Complete all necessary reports.
SECTION 04000
EROSION CONTROL AND INLET PROTECTION
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.cd phe.state.co. us/op/ wgcc/ Resources/Guidance/spillguidance. pdf
andhttp://v vw.cdphe.state.co.us/hm/sl2illsandreleases.htni
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 Management, No Date.
Cihj of Centennial. Department of Public Works: Spill Prevention and Control, No Date.
City of Golden, Storonvater Quality Pollution Prevention Guide for Municipal Operations: Parks
Department Golf Course, January 2004. _
City of Lafayette, Spill Clean Up, No Date.
Colorado Department of Public Health and Environment, Environmental Spill Reporting, January 2009.
0
SECTION 04000
EROSION CONTROL AND INLET PROTECTION
Mesa County, Municipal Operation and Maintenance program, July 4, 2005.
USEPA Menu of BW: Spill Response and prevention,
cfpub.epa.gov/npdes/stormwater/nienuofbmps/, accessed July 5, 2009.
0
0
SECTION 04000
EROSION CONTROL AND INLET PROTECTION
.. For More Information
Utility and Storm Sewer
Name
System Maintenance
Address
City, State
Phone e-
Description
mail
This procedure addresses utility and storm sewer system
'
maintenance. Utilities include power, sanitary sewer, water
Possible Pollutants
conveyance systems, and the storm sewer system.
Sediment
Power includes electrical and gas utilities. Maintenance of
Nutrients
power may require excavation and reinstallation of lines
Metals
including open cut trenching or directional boring in
Hydrocarbons
landscaped areas or street right of way. Electrical and gas line
Trash
maintenance ensures services are provided to businesses and
households without interruption.
Good Housekeeping
The sanitary sewer system is cleaned as part of routine
Waste Management
maintenance and on an emergency basis. Without proper
Employee/Contractor Training
maintenance, sanitary sewer back-ups and overflows may
Proper Cleanup and Disposal
occur and can result in potential property damage and
Procedures
significant health concerns if not properly managed.
Related Procedures
Heavy Equipment and Vehicle
Maintenance
Parks and Open Space
Maintenance
Spill Prevention and Response
Street, Curb, and Gutter
Replacement and
Construction
Utilities and Storm Sewer
System Replacement and
Construction
Vehicle Fueling
11
Water conveyance systems are flushed and pressure tested as
part of routine maintenance. Potable water systems must be
properly maintained to ensure delivery of water that meets
State and Federal health standards. Failures result in water
main breaks that can cause property damage including
erosion.
The storm sewer system is cleaned as part of routine
maintenance and on an emergency basis in the event of
flooding. Maintenance will remove pollutants and ensure the
system functions properly to avoid flooding. Flooding,
pending, 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.
SECTION 04000
EROSION CONTROL AND INLET PROTECTION
Procedures
General
Conduct routine inspection and maintenance on utility and storm sewer systems. D Where
feasible, schedule maintenance activities during dry weather. 0 Monitor the jet/vacuum truck
closely for leaks and use a drip pan as needed. ❑ Wash and fuel the jet/vacuum truck per the
Heavy Equipment/ Vehicle
Maintenance procedure. 0 Properly dispose of vac truck contents. 0 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. 0
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.
0 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 orinstallingrock 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. 0 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
9
SECTION 04000
EROSION CONTROL AND INLET PROTECTION
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.
FD Inspect side slopes of the pond for erosion and reestablish vegetation as needed.
1-1 Remove and service fountains and aerator motors as recommended.
n 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.
u 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.
p
SECTION 04000
EROSION CONTROL AND INLET PROTECTION
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.
n Periodically conduct refresher training on the SOP for applicable employees who perform
utility and storm sewer system activities.
Records
The following records could be used to document activities performed: ❑
Records of employee training with sign -in sheet.
References
Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version
1.0, September 2008.
City of Centennial SOP: Detention Pond Maintenance SOP, August 2007.
City of Centennial SOP: Inlet, Pipe, and Vault Cleaning and Disposal SOP, August 2007.
City of Centennial SOP: Drainngetuay Maintenance SOP, August 2007.
City of Golden Stonntvater Drainage Maintenance Plan, February 2008.
City of Greeley, Deparhnent of Public Works: Stone Water Drainage Progrnnt, January 2008.
City of Greeley, DeparinentofPublic Works: Ditch Program, No Date.
City of Lafayette Standard Operating Procedure: Ditch Cleaning, March 2009.
City of Lafayette Standard Operating Procedure: Cleating Stonn 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 server Backup, March 2009.
City of Lafayette Standard Operating Procedure: Waterline Breaks, March 2009.
Mesa County, Municipal Operations and Maintenance Program, July 2005.
Partners for a Clean Environment, Storm Drain Maintenance, No date.
Optional Additional Resources
Municipal codes and ordinances that relate to utility or storm sewer system maintenance.
Inspection and maintenance frequency plan for the storm sewer system. Specific instructions on
how to operate applicable equipment. Instructions on how to track the amount of debris collected.
Treated Water Discharge Plans for potable water maintenance.
0
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts,
each one of which shall be deemed an original, this 20th day of June PC I2
A-1 Chipseal Company
IN P S NCE OF: Pri i�
ry
Step nie Wallis Danie lip7a a
Corporate Secretary Vice Presi ent
(Title) (Title)
(Corporate Seal) 2001 W. 64th Lane Denver CO 80221
(Address)
IN PRESENCE OF: Other Partners
By:
By:
Western Surety Company
IN PRESENCE OF: Surety
Kar n A. Feggesta orney- n- act _—
Witness 10375 Park meadows Drive, Littleton; C0 801'24_'
(Surety Seal) (Address)
NOTE: Date of Bond must not be prior to date of Agreement.
If CONTRACTOR is Partnership, all partners should execute Bond.
MOODY INSURANCE AGENCY, INC.
8055 East lhfts Avenue, Suite 1000
DENVER, COLORADO 80237
PHONE: (303) 824-6600
I
0
SECTION 04000
EROSION CONTROL AND INLET PROTECTION
Utility and Storm Sewer
For More Information
System Replacement and
Name
Address
Construction
City, State
Phone e-
mail
Description
This procedure covers utility and storm sewer system
Possible Pollutants
replacement and construction. Utilities include power, storm
Sediment
sewer, sanitary sewer, water conveyance systems.
Chemicals
When services are contracted, this written procedure should
Organics
be provided to the contractor so they have the proper
Trash
operational procedures. In addition, the contract should
specify that the contractor is responsible for abiding by all
Good Housekeeping
applicable municipal, state, and federal codes, laws, and
Waste Management
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 disturbing
one acre or more, or less than one acre but part of a
Spill Prevention and Response
larger common plan of development.'
Street, Curb, and Gutter
Replacement and
A larger common plan of development is
Construction
defined as a contiguous area where multiple separate
and distinct construction activities may be taking place
Utilities and Storm Sewer
System Replacement and
at 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.
SECTION 04000
EROSION CONTROL AND INLET PROTECTION
❑ 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.
n 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.
n 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.
iD 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 BMI s 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.
SECTION 04000
EROSION CONTROL AND INLET PROTECTION
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: Drainagetoay Maintenance SOP, August 2007.
Cihj of Golden Stor n rater 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 Progran, No Date.
City of Lafayette Standard Operating Procedure: Ditch Cleaning, March 2009.
City of Lafayette Standard Operating Procedure: Cleaning Stonn 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: Sanitanj server Backup, March 2009.
City of Lafayette Standard Operating Procedure: Waterline Breaks, March 2009.
Mesa County, Municipal Operations and Maintenance Progran, July 2005.
Partners for a Clean Environment, Storm Drain Maintenance, No date.
City of Fort Collins Regulatory and New Construction Activities for Municipalities
3elL°no"h~ Division Street, Curb, and Gutter Replacement and Construction
IL AND INLET PROTECTION Street, Curb, and Gutter Maintenance
City of Spill Prevention and Response
Fort Collins
f�
Environmental Standard Operating Procedure (ESOP) •
ESOP —Power Washing (Pressure Washing) wastewater
New CoR9"9 fnNAb9/ 6A for Munisip tj�& h�7��rform power washing, and their supler jsor/manager
Street, Curb, and Gutter Replace men n ons c Ion 1 -
Street, Curb, and Gutter Maintenance
1 - 3
Spill Prevention and Response
1 - 4
Utility and Storm Sewer System Maintenance
1 - 4
Utility and Storm Sewer System Replacement and Construction
1-3
Power Washing
1-3
Vehicle Fueling
1-3
Outdoor Fleet Maintenance
1 - 4
Heavy Equipment and Vehicle Maintenance
1 - 4
Ve
cat
a c
Originator
Revised
Approved
Issued
Ion
Init
lal
ss
s
LR Oct. 09
70n 9109
Da
to
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
Procedurelndex
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 New Construction Activities for Municipalities
RE1Ce[ ewb~ Division Street, Curb, and Gutter Replacement and Construction
city of
11, AND INLET PROTECTION Street, Curb, and Gutter Maintenance
Spill Prevention and Response
Fart Cottins
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.
Revision date:
10/19/2009
B. Minimize the amount of water used during power washing activities.
C. Avoid using cleaning products that contain hazardous substances (e.g.,
hydrofluoric acid, muriatic acid, sodium hydroxide, bleach) that can turn wastewater
into hazardous waste.
3.3 Prior to power washing, decide on one of the following methods of disposal:
D. Landscape --power washing wastewater may be discharged to landscaped
areas if the materials used and the material removed are not harmful to vegetation,
there is no ponding, and there is no uncontrolled runoff to the stormwater system.
E. Wastewater treatment system-- As long as the collected wastewater does not
have an oil sheen, has a pH between 5 and 11, and does not contain any hazardous
or toxic substances, the wastewater may be disposed of into the City's wastewater
treatment system.
1. If you add anything to the wash water (ie—a cleaning agent) or if you have
- questions about the content of your power washing wastewater,
Page 2 of 3
City of Fort Collins Regulatory and New Construction Activities for Municipalities
ggyefj0"b~ Division Street, Curb, and Gutter Replacement and Construction
Cm'Of L AND INLET PROTECTION Street, Curb, and Gutter Maintenance
Response Spill Prevention and Rese
,Fort Collins
r�
Environmental Standard Operating Procedure (ESOP) •
ESOP —Power Washing (Pressure Washing) wastewater
please contact the industrial pretreatment office at 221-6938.
2. Disposal into the City's wastewater treatment system may be done either by
discharging directly to an inside drain, or by pump truck at the Drake wastewater
treatment facility. Disposing by pump truck requires a waste hauler's permit, and
a 5 cent/gallon fee will be charged. For fee information, or to obtain a permit,
contact the industrial pretreatment office at 221-6938.
F. Truck the waste to a different waste disposal facility.
3.4 Once wastewater has been collected, visible solids remaining in the collection area must be
swept up to prevent future discharges to the storm drain.
3.5 A sewer manhole cover may not be removed for disposal to the wastewater system.
3.6 If you are working in an area that is serviced by a neighboring wastewater district, such as
South Fort Collins Sanitation or Boxelder, it is necessary to contact that district's industrial
pretreatment coordinator before discharging to their system.
4.0 Training Requirements
4.1 The training requirement associated with this procedure is knowledge of the proper management
of power washing wastewater.
5.0 References / Related Documents
5.1 http://www.cdphe.state.co.us/wq/PermitsUnit/PolicyandGuidance/powerwash.l)df
5.2 I:\RGA division\Illicit Discharge Program\Complaint Calls\pressure washing\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
•
•
11
SECTION 04000
EROSION CONTROL AND INLET PROTECTION
For More Information
Vehicle Fueling
Name
Description
Address
Spills of gasoline and diesel fuel on the ground or on vehicles
City, State
during fueling can wash into a storm drain and cause water
Phone e-
pollution.
mail
When services are contracted, this written procedure should be
Possible Pollutants
provided to the contractor so they have the proper operational
procedures. In addition, the contract should specify that the contractor
Metals
is responsible for abiding by all applicable municipal, state and federal
Hydrocarbons
codes, laws, and regulations.
Toxins
Good Housekeeping
Procedures
Drip pans Secondary
General
containment Automatic
Fuel vehicles at approved locations (municipal fueling station
shutoff nozzles Signs Spill
or offsite fueling station).
response plans Spill
cleanup materials Dry
❑ Provide spill kits near the municipal fueling location.
cleanup methods Employee
❑ If fuel is stored in an above -ground tank, store fuel in
training
enclosed, covered tanks with secondary containment (e.g.,
concrete barrier or double -walled tanks).
All fuel tanks will be inspected per State and Federal
Related Procedures
regulations.
Heavy Equipment/Vehicle
Periodically inspect municipal fueling locations for the
Maintenance Outdoor Fleet
following:
Maintenance 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.
SECTION 04000
EROSION CONTROL AND INLET PROTECTION
Vehicle Fueling •
Follow all posted warnings. u 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.
u Use a funnel to transfer fuel to vehicles and equipment. After the transfer is complete, the funnel
should be dried with a rag or placed in a container to avoid dripping fuel on the ground.
Employee Training
Train applicable employees who fuel vehicles on this written procedure. Information regarding
how to avoid and report spills will be presented during the training.
0 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. Cihj of Lafayette Standard Operating
Procedure: Vehicle and Eguipurent Fueling, March 2009. Mesa County, Municipal Operation and Maintenance
Program, July 4, 2005. USEPA Menu of BMPs: Municipal Vehicle Fueling,
cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed June 18, 2009.
Page 2 of 3
•
•
SECTION 04000
EROSION CONTROL AND INLET PROTECTION
• 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.
SECTION 04000
EROSION CONTROL AND INLET PROTECTION
Heavy Equipment and Vehicle
Fo r More Information
•
Maintenance
Name
Address
City, State
Description
Phone e-
Regular maintenance of municipal vehicles and equipment, or
mail
municipality -contracted vehicles and equipment prolongs the life of the
municipality's assets and prevents the leaking of hazardous Fluids
Possible Pollutants
commonly associated with normal wear and tear of vehicles and
Metals Toxins Solvents
equipment.
(degreasers, paint
Potential pollutants generated at vehicle maintenance facilities include
oil, antifreeze, brake fluid and cleaner, solvents, batteries and fuels.
thinners, etc.) Antifreeze Brake
fluid and brake pad dust Battery
acid Motor oil Fuel (gasoline,
When services are contracted, this written procedure should be
diesel, kerosene) Lubricating
provided to the contractor so they have the proper operational
procedures. In addition, the contract should specify that the contractor
grease
is responsible for abiding by all applicable municipal, state, and federal
codes, laws, and regulations.
Good Housekeeping
Procedures
Maintenance activities should be performed inside a maintenance
Drip pans Tarps Covered outdoor
building unless the equipment is too large to fit inside or temporary
storage areas Secondary
repairs need to be made before the equipment can be moved to the
containment Proper disposal of
maintenance building. Consult the Outdoor Fleet Maintenance
used fluids Spill cleanup
procedure when it is necessary to perform repairs outside of the facility
materials Dry cleanup methods
(breakdowns, service calls, etc.).
Employee training
Vehicle Storage
Monitor vehicles and equipment closely for leaks and
use drip pans as needed until repairs can be
performed.
Related Procedures
❑ When drip pans are used, check frequently to avoid
Material Storage Outdoor Fleet
overtopping and properly dispose of fluids.
Maintenance Spill Prevention
and Response Street Sweeper
❑ Drain fluids from leaking or wrecked vehicles and
Cleaning and
from motor parts as soon as possible. Dispose of fluids
Waste Vehicle
properly.
Fueling Vehicle
Washing
s
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Evan E Moody, Vera T Kalba, Karen A Feggestad, Cory R Mueller, Sara G Hoechst, Bradley
J Moody, Individually
of Denver, CO, its We and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 20th day of April, 2012.
0e0,r
WESTERN SURETY COMPANY
Paul .Bmflat, Senior Vice President
State of South Dakota
County of Minnehaha as
On this 20th day of April, 2012, before me personally came Paul T. Bmflat, to me known, who, being by me duly swom, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires
+ D. KRELL
November 30, 2012 + (SEAL) NOTARY PUBLIC SEAL �� .
SOUTH DAKOTA r
D. Krell, Nolary Public
CERTIFICATE
1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 20th day of June 2012
WESTERN SURETY COMPANY
#�4'hi drr•'r
Form F4280-09-06 L. Nelson, Assistant Secretary
SECTION O4000
EROSION CONTROL AND INLET PROTECTION
• 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.
n_ 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.
u Nfinimize waste from paints and thimuers by carefully calculating paint needs based on surface
area and using the proper sprayer cup size.
u 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 gum cleaner waste in the storm drain.
El 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.
❑7 All hazardous wastes must be labeled and stored according to hazardous waste
regulations.
u 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).
71 Store new batteries securely to avoid breakage and acid spills.
El Store used batteries indoors or in secondary containment to contain potential leaks. Recycle
used batteries.
u Conduct periodic inspections of storage areas to detect possible leaks
•
SECTION 04000
EROSION CONTROL AND INLET PROTECTION
u 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.
D Keep lids on waste barrels and containers, and store them indoors or under cover to reduce
exposure to rain.
D 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.
u Use steam cleaning or pressure washing of parts whenever possible instead of solvent cleaning.
u When steam cleaning or pressure washing, only discharge wastewater to an oil/water separator
connected to the sanitary sewer.
u 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.
u Recycle cleaning solution when it becomes too dirty to use. Never discharge cleaning waste to
the sanitary sewer or storm sewer.
Vehicle and Equipment Washing Vehicles should be washed in the municipality's vehicle and
equipment wash area/bay or taken to a commercial car wash.
Employee Training Train applicable employees who perform heavy equipment and vehicle
maintenance on this written procedure. Information regarding how to avoid and report spills will be
presented during the training.
•
u 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:
u Record of any major spills and the action taken.
Records of employee training with sign -in sheet.
Heavy equipment and vehicle maintenance logs
SECTION 04000
EROSION CONTROL AND INLET PROTECTION
• 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 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.
•
0
16* R CERTIFICATE OF LIABILITY INSURANCE
�
DATE IMMI0011YYY)
6/20/2012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
Moody Insurance Agency, Inc.
8055 East Tufts Avenue -
CONTACT Erin Threlkeld, CRIS
NAME:
PHONEO Fall AICN (303)824-6600 FAX C No: (303)370-0118
E-MAIL .ethrelkeld@moodyins. coca
Suite 1000
INSURERS AFFORDING COVERAGE
NAIL#
INSURERA:TIavelers Indemnity CompanV
25658
Denver CO 80237
INSURED
INSURERB Travelers Prop i'aS Co of AIDIca
25674
A-1 Chipseal Co.
INSURER C:Pinnacol Assurance
41190
INSURER D:
DBA: Rocky Mountain Pavement, LLC
2001 West 64th Lane
INSURER E:
Denver CO 80221
INSURER F:
COVERAGES CERTIFICATE NUMBER 11-12 Master w/Forms REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OFINSURANCE
AODL
UBR
POLICY NUMBER
POLICY EFF
MMDD
POLICY EXP
MM/ODIYVYY
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$ 11000,000
A
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE FxIOCCUR
X
DTC00190P673
10/1/2011
0/1/2012
DAMAGE TO RENTED
PREMISES Ea occurrence
$ 300,000
MED EXP(Any one person)
$ 10,000
PERSONAL S ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
$ 2,000,000
Axiclitional Insured Endt
GEN'L AGGREGATE LIMIT APPLIES PER
PRODUCTS - COMPIOP AGG
$ 2,000,000
CGD246 08/05 attached
POLICY X PRO LOC
$
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
Eaaccident
11000,000
X
BODILY INJURY (Per person)
$
B
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
T8100190P673
0/1/2011
0/1/2012
BODILY INJURY Per accident)
$
NON -OWNED
HIRED AUTOS N
X
(Per PROPERTY DAMAGE
$
$
X
UMBRELLA LIAB
X
OCCUR
EACH OCCURRENCE
$ 10,000,000
AGGREGATE
$ 10,000,000
B
EXCESS LIAB
CLAIMS -MADE
DED I X I RETENTION$ 10,00C
$
DTSMCUP0190P673
0/1/2011
0/1/2012
C
WORKERS COMPENSATION
ANDEMPLOYERS'LIABILITY YIN
ANY PROPRIETORIPARTNEWEXECUTIVE
OFFICERIMEMBER EXCLUDED?
(Mandatory In NH)
If yes, descries ender
NIA
4055760
10/1/2011
0/1/2012
X WC STATU OTH-
I TII ITS ER
E.L. EACH ACCIDENT
$ 500 000
E. L. DISEASE - EA EMPLOYEE
$ 500,000
E.L. DISEASE -POLICY LIMIT
$ 500,000
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is mquiredl
Re: 7256 Hot Applied Chipseal Overlay 2012 renewal
The City of Fort Collins is included as an Additional Insured with respect to General Liability.
City of Fort Collins
300 Laporte Ave
Fort Collins, CO 80522
ACORD 25 (201
INS075 nmm.sl n1
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Threlkeld, CRIS/CHR
01988-2010 ACORD
The Arnion name and Innn era reniemred mar4e of Arnim
reserved.
9
U
CONTRACT DOCUMENTS TABLE OF CONTENTS
BID INFORMATION
00300 Bid Form
CONTRACT DOCUMENTS
00520 Agreement
00530 Notice to Proceed
00600 Bonds and Certificates
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (Contractor)
00660 Consent of Surety 00660-1
00670 Application for Exemption Certificate
CONDITIONS OF THE CONTRACT
00700 General Conditions
Exhibit GC -A GC -Al - GC-A2
00800 Supplementary Conditions
00900 Addenda, Modifications, and Payment
00950 Contract Change Order
00960 Application for Payment
SPECIFICATIONS
Section Pages
00300-1 - 00300-3
00520-1 - 00520-6
00530-1
00600-1
00610-1 - 00610-2
00615-1 - 00615-2
00630-1
00635-1
00640-1
00650-1 - 00650-2
00670-1 - 00670-2
00700-1 - 00700-34
00800-1 - 00800-2
00900-1
00950-1 - 00950-2
00960-1 - 00960-4
•
0
Insured: A-1 Chipseal Company
Policy Number: DTC00190P673
CAA AMERCIAL GENERAL LIAMLITY
THiS ENDORSEMENT CHANGES THE POLICY. PLEASE READ iT CAREFULLY
13LANKET ADDITIONAL INSURED
.-I(CONTRACTORS) _.__........_._.
This endorsement modifies insurance provided underthe fallowing:
COMMERCIAL GENERAL LIABILITY COvFRAGE PART
1.
2.
WHO I$ AN INSURED —(Section IQ is amended
to Include any person or organization that you
agree in a "wrltlen contract requiring Insurance"
to Include as an additional insured on this cover-
age Part, but:
a) Only with respect to IlabOtiy for"bodily injury,
'property damage" or "personal injury"; and
B) ff, and only to the extent that, the injury or
damage Is mused -by acts or omissions of
you or your subcontractor in the performance
of "your wbrk" tri watch the "written contract
rooluldw Lmsumnce" applies. The person or
organization does not quality as an additional
Insured with respect in the independent acts
or omissions of such person or Organization.
The insurance provided to the additional insured
by Uils endorsement is limited as follows:
a) In the event that the L"unils of Insurance of
this Coverage Pert show) in the Declarations
exceed the limits of liability required by the
"written contract requiring Insurance", the in-
surance provided to the additional insured
shall be limited to the limits of nabgfty-re-
quired by that °written contract requiring in-
surance". This endomemerd shall not In-
crease the limits of Insurance described in
Seddon Ill — Limits Of Insurance.
b) The insurance provided to the ddditional in-
sured does not apply to 'bodily Injury", "prop.
erty damaged Or personal injury" arising out
of the rendering of, or failure to render, any
professional arcltitectural, engineering or sur-
veying services, including:
L The preparing, approving, or falling to
prepare or approve, maps, shop draw-
Ings, opinions, reports, surveys, field or-
ders or change orders, or the preparing,
approving, or falling to prepare Or ap-
prove, drawings and specifications, and
o. Supervisory, hispecdon, architectural or
engineering activities.
c) The insurance provided to the additional In.
sured does not apply to 'bodily 'injury" or
"property damage" caused by "your work"
and Included in tho "products -completed op.
orations hazard" unless the 'written contract
requiring Insurance" specificalty requh'es you
to provide such coverage for that additional
Insured, and then the insurance, provided to
the additional Insured applies only to such
"bodily Injury•"' or "property damage" that oc-
curs before the end of the period of time far
Which the '4rrittet conTract requiring Insur-
ance" requires you to provi0e such coverage
or the end of the policy period, whichever Is
eadior.
3. The Insurance provided in the additional insured
by this endorsement 6 excess over any valid and
collectible 'other insurance", whether primary,
excess, contingent or on any oilier basis, that Is
avallable to the additional Insured for a loss we -
cover under this endorsement Howevar, if the
'Nwilten contract requiring Insurance" specificaliy •
requires that this insnanca apply un a primary
basis or a primary and norncorddbutory basis,
this Insurance is primary to 'other Insurance"
avagable to the additional insured which covers
that person or organization as a named insured
for such loss, and wo will not share wtu that
"other insurance". But the Inswarice provided to
the additional insured by this endorsement still is
excess over any valid and Collectible "other in-
sumnce'°, whether primary, excess, contingent Or
on any other baste, that is available to the addl-
tional Irisured when that person or organization is
an additional Insured under such "othur insur-
anea".
4. As a condition 'of coverage provided to the
additional insured by this endorsament,
a) The additional Insured must give us mitten
notice as soon as practicable of an "occur-
rertce' or an offelise which may rasa t In a
claim l"o the extent posa'b;e, such notice
should Include:
'—C%D246-OM • d egg57T6e SC'Pa4T'PiavelerscoihoUdfes;'idd. - TPaga f of:f ' --
"r06aY
Insured: A-1 Chipseal Company
Policy Number DTCooliloP673
COMMERCIAL GENERAL LIAI ,,,ITY
f. How, when and where the °ocmrrmaoe"
any providerof"atherinsuranco"which would
t or offensetookplaoe;
- cover the additional Insured for a loss we
u. The names and addresses of arty injured
- cover under this endorsement. However, this
persons and wltne ,, end
condition does net effect whather the incur. -
•
= - io. The nature and location of any injury or
ante provided to the additional Inured by
this endorsement,is,.pdmary. to._"other
_
damage eristng outofthe °occurrence" dr
'
_ _ _irrsur ...............
once" available to the additional insured
offense.
which covers that person or organtu lon as a
b) (f a claim Is made or "sutt" is hiought against
named insured as described In paragraph 3.
the additional insured, the additional insured
above. _
must:
5. The following definition is added to SEC71ON V.
1. Immediately record the specifics of 1113
—DEFINITIONS:
claim or"suir and the date received; and
"Written contract requiring Insurance° means
M , Notify us as soon as pracicabm
that pad of any wdtton commotor agreement
- The additional insured must see to it that we
andst which you are required to include a
•
receive written notice of the claim or "suet° as
parson or organlzaWn as an additional in -
cured on this Coverage Part, provided that
soon as practicable,
the 'bodily Wjuiy" and "property damage" oa
c) The additional insured must bmlriodiately
cuts and the "personal hi)ury" is caused by an
sand us copies of all legal paper@ received in
offense committed:
connection with the claim or'srdt"; copperabe
- a. Aftarthe signbng and oxecution ofthe
• with us Ili the investigation or settiemerd of
the Mahn or defense against the 'sun", and
contract or agreement by you;
'..
otherwise comply vAft all policy conditions_
b. Willie That part of the contract or
` d) The additional Insured must tenter Me de-
agreement Is in effect; and
fense and Indemnity of any claim or "sulP to
e. Before the end of the policy period:
'" PAU6 2 bf 2 ---"
- ' ' 02UgF5 The Sf- Pa'iri Traveler" _rninpanlea,-'rna- ' '
rid Diu 08 N- - . '
• SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS (OWNER)
DATE OF SUBSTANTIAL COMPLETION
PROJECT OR SPECIFIED PART SHALL
INCLUDE:
PROJECT TITLE: 7256 Hot Applied
Chipseal Overlay 2012 Renewal
LOCATION: Fort Collins, Colorado
OWNER: City of Fort Collins
CONTRACTOR: A-1 Chipseal Co.
CONTRACT DATE: June 14, 2012
The Work performed under this contract has been inspected by authorized
representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project or
specified part of the project, as indicated above) is hereby declared to be substantially
completed on the above date.
A tentative list of items to be completed or corrected is appended hereto. This list may
not be exhaustive, and the failure to include an item on it does not alter the
• responsibility of the CONTRACTOR to complete all the Work in accordance with the
Contract Documents.
ENGINEER AUTHORIZED REPRESENTATIVE
DATE
The CONTRACTOR accepts the above Certificate of Substantial Completion and
agrees to complete and correct the items on the tentative list within the time indicated.
CONTRACTOR AUTHORIZED REPRESENTATIVE
DATE
The OWNER accepts the project or specified area of the project as substantially
complete and will assume full possession of the project or specified area of the project
at 12:01 a.m., on . The responsibility for heat, utilities,
security, and insurance under the Contract Documents shall be as set forth under
"Remarks" below.
CITY OF FORT COLLINS, COLORADO By:
OWNER AUTHORIZED REPRESENTATIVE
DATE
REMARKS:
•
SECTION 00640 •
CERTIFICATE OF FINAL ACCEPTANCE
20_
TO: A-1 Chipseal Co.
Gentlemen:
You are hereby notified that on the day of , 20_, the City of
Fort Collins, Colorado, has accepted the Work completed by for the City of Fort
Collins project, 7256 Hot Applied Chipseal Overlay 2012 Renewal.
A check is attached hereto in the amount of $ as Final
Payment for all Work done, subject to the terms of the Contract Documents which are
dated June 14, 2012.
In conformance with the Contract Documents for this project, your obligations and
guarantees will continue for the specified time from the following date:
20
Sincerely,
OWNER: City of Fort Collins •
By:
Title:
ATTEST:
Title:
•
SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM: A-1 Chipseal Co. (CONTRACTOR)
PROJECT: 7256 Hot Applied Chipseal Overlay 2012 Renewal
1. The CONTRACTOR acknowledges having received payment, except retainage from
the OWNER for all work, labor, skill and material furnished, delivered and performed by
the CONTRACTOR for the OWNER or for anyone in the construction, design,
improvement, alteration, addition or repair of the above described project.
2. In consideration of such payment and other good and valuable consideration, the
receipt and adequacy of which are hereby acknowledged, the CONTRACTOR
voluntarily waives all rights, claims and liens, including but not limited to, mechanic's
liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor
and material bond rights which the CONTRACTOR may now or may afterward have,
claim or assert for all and any work, labor, skill or materials furnished, delivered or
performed for the construction, design, improvement, alteration, addition or repair of the
• above described project, against the OWNER or its officers, agents, employees or
assigns, against any fund of or in the possession or control of the OWNER, against the
project or against all land and the buildings on and appurtenances to the land improved
by the project.
3. The CONTRACTOR affirms. that all work, labor and materials, furnished, delivered or
performed to or for the construction, design, improvement, alteration, addition or repair
of the project were furnished, delivered or performed by the CONTRACTOR or its
agents, employees, and servants, or by and through the CONTRACTOR by various
Subcontractors or materialmen or their agents, employees and servants and further
affirms the same have been paid in full and have released in full any and all existing or
possible future mechanic's liens or rights or claims against the project or any funds in
the OWNER'S possession or control concerning the project or against the OWNER or
its officers, agents, employees or assigns arising out of the project.
4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if
any, and the Surety on the project against and from any claim hereinafter made by the
CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or
assigns against the project or against the OWNER or its officers, employees, agents or
assigns arising out of the project for all loss, damage and costs, including reasonable
attorneys fees, incurred as a result of such claims.
5. The parties acknowledge that the description of the project set forth above constitutes
and adequate description of the property and improvements to which this Lien Waiver
0
Release pertains. It is further acknowledged that this Lien Waiver Release is for the 46
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
ATTEST:
Secretary
20
CONTRACTOR: A-1 Chipseal Co.
By:
Title:
STATE OFCOLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this
Witness my hand and official seal.
My Commission Expires:
day of
Notary Public
20_, by _ •
0
• SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins. Colorado (hereinafter referred to as the "OWNER")
CONTRACTOR: A-1 Chipseal Co.
PROJECT: 7256 Hot Applied Chipseal Overlay 2012 Renewal
CONTRACT DATE: June 14, 2012
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)
0
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
6
CONTRACTOR APPLICATION
FOR
EXEMPTION CERTIFICATE
Pursuant to Statute
Section 39-26.114(1)(a)(XIX)
nO NOT WRITE IN THIS SPACE
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 -
CO;NTRAC} OR,INFORMAT,ION "U
Trade nameiDBA:
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 tax account number:
Copies of,contract or agreement,pagesi(1)gdentlfying,the contractmglparties m
A
EXEMPT(ON�INFORMAT,I;ON��and(2)icontamtng7stgnatureslof�contracttng,partieslmustlBeattachecl;
a v A
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:
.M •e� A ynE �, f �,^
E _u
` 4
� '` 1
±.`'i 3
3�- i•i A`_�^ F M
I declare under penalty of perjury in the second degree that the statements made in this application are
true and complete to the best of my knowledge.
Signature of owner, partner or corporate officer:
Title of corporate officer:
Date:
DO NOT WRITE BELOW THIS LINE
9
•
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.
u
SECTION 00700
GENERAL CONDITIONS
0
s
u
SECTION 00300
ti 6 •-1N
0
GENERAi C"ON'-DM'' ON'S
coNsTkutuoN t6M.At'
J,
These 'G ENTERAUCONDIT IONS, have bmn,d velu I peq byusing the
STANDAR042NMRAL covbiT.fc)N.s or T.im. C , ONSTRUCTION
C014TRAC-r blcpared'§y. the Engineers Joini Contract, Docuwntx-
Committee; F.lCDC No, 1910-3{19Wj Fdition); as 6aie,. Oan-g-' to,
I CS -
that docunwni are shown by underlining:text that hu,b,&-n added and,
striking thrvugh.te.xt that ha5 lbecii deleted:
EUCDC GENERAL CONDITIONS 1.91 m. [99b'.E-'-Di,riO'N)
WITH'CITYOF FOM"COLLINS• NIODMCA FIONS (REV 9/9— M
9
.Article orPar*aph;
Nunt'a'.r.'.%:'f Itle
DERMTIONS
TABLE OF'CONTEWS.OF GE3 M!RAI, CONDFRONS,
Page Ariicle'or'Paragraph
Numbc.r Numticr&Title
1.1
Addenda., .......................
li
iJ^
Agreement ..::...................:.....::...........?.
13.
Application for .Paymient_„.,_1"
i.4
1.6
Bidding Documents: ............................
L7
Bidding. Requirements;:..,•.:....,,.
•.,,,;1
14
Bords:................:................................!
0
Changc.Chdcr..........._..---- ... ....:.......1,
L10
Contract Documents
h
III
Corittact Price,-.:.....
I
Ll2
Contract Tun es .:,
_'l'
Ll'3
CONTRACTOR:...............................:!t
1.14
defective.
defective....................................................!1
'
la
Dranig........... ...........
ns...........
.
.,
tab
Effective Date -of the Agrccmcnt..
.. .l'
1.17
ENGhV'EER.............. .........................
�.
1.l8
ENUhN.rEERsConsultani ......................I
I.19
Field Order ........ .�.:.:........ ::::"`...:,...:_;
C
120
General Requirements. •,,...
1-2t
Haiardous.Wastc.
.;.-
1:22A
Lalvs.and Regulations;l;awsor
Regulations•
'2-
132:b .
Legal [lohdaya ..-.:
2
L23
Liens ............... ............ :......... :....:.......
j
1.24
_)vhlcstone ..........................
1.25
Notice of Award.---..._
1126
Notice to Proceed.....„.,.,.„..,._..._,..
1:27
OWNER ..:..... ....... ... ...... ............ .........;.
-28
Partial Utilization,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,2.
l_9'
PCBs,..:,.,..!on...:...:..:....:..............:2,
1:3b
Petroleum
. 2
1131
Project.-, .. ...:.............. .. .....
="
1:3'2.a
Radioactive`iterial..•...:.:.........._.....
1.32.b
Regular
133
Resident Prgcct Representative,,,_,.
_„_„ Z.
1.34
Samples..............................................2
.1,35
Shopbrawtn_gs................................._.2
1:36,
Specifications,........... ..,
1:37.
Subcontractor :...................................:
2'
138
Substantial. Completion• .....................
.'
1:39
' Supplementary Conditions ...................
_"
L40
Supplier- ...•:.. .
1.41
Underground Facihiies
-3•
1.42
_ ,
Unit Price Work ................. . ...
.. 3'.
1.43
Work ..................................................
1.44
Work ChangcDirectivc-.:,:_., _,_.;-.,...:-:i
1.45
Written ::Amendment.„_ .,, „....:.::.:.:.•:,:3'
Page
Number'
PRELh\, fNARY MATTERS ............:.........:.. •.:..
3
2:1
Delivery of Bonds............................:3'.
2 _
Capics ofDocuments ::.............,.......::3'
2:3
CornmencementWContract
T,itic%, Notice to Proceed,._ ... _.........
2.4.
Starting the.Worl .............:.............3'
2.5-2.7
.Before Starting Construction;
CONTRACTOR's Responsibility
to Report; Preliminary Scheddes;
Delivery of Certificates of
Insurance
3-4
2.8
PreconstructionConference,
2.9
Initiiilly-AcceptableSchedules ., ,
-4
3. CONTRACT DOCUVfENTS: INTENT,
AIMFNI DING,RF,USE
....:.....................................4
3,142
Intent............ ........ ........
3.3
Rcference'toStandards and Spcci-
f lcatlons of TechnicalSocieties;
Reporting and Resolving Dis:
crepancies,..: ...... ;............... ;-
1-5.
3A,
intent .o6C,crtain'Terms or
Adjectives.:.................................:.
3.5
arnendin-ContractDocuaants,,,,,-,5
3.6
S}ipplementfng:Contract
Documents.............................::..:5
3:7
Reuse of Docttn ents...........:....:......:?
AVAILABIL[TY"•Ok LAw�S;.
'SUBSURFACE :\ND PHYStcAL co iNurTIONS;
REFERLNCE
PONTS........................................:
5
4A
.AvailabilityofLands;,--,,:.:
4;2
.:.:.......::56
Subsurface; and Physical
Conditions __...._....4.
4:2:1,
Reports and Diawings.......:.::..:....:.:a,
.2.2
Limit2d.Reliance by.CONI'RAC-
TORAgthorized; Technical
Data............................. ................
4,2.3.
Notice of Differing Subsurface
or Ph ical Conditiori5... ...:4'
4:_2.4
F.NCMEER's Rev iciv........................6
4i2_5
"Possi6le Contract Documents
-
Change.................................. .......
6.
:16
Possible Price and Times
Adjustments-
4.3'
Physical Conc5tions -tlndi rground
Faci l i ties ................... ....................
7
43:1;
Shown or ludicatcd.............:...........]
4.3:2.
Not Shown or
4.4
Reference Points.... ................... .......
7
EJCL)C CENLRAL CONM HONS.1910-3 i1996 ED]L16i 1)
wi my OF FORT (SILLINI M0r)1F1C;tIIONs (tCEv 9iP)i
•
9
0
,Article or Paragraph
-Numlxr &titic
Page Ariidlc..or Paragraph,
Numfx-r Numher &-Titic,-
. A -betw� Kps, Nlrolcum,
1-fazardous Waste or
- Rqdioaetive Material 7-8
BONDS AND INSPRANCH ...........................
8:
1-5'. 2
-
Pcrfomance-kyment an&dLhei
i-3.
................................
Licensed.Surelies and Inkirers;
Certificates of Insurance.
8
�574
C y
.,CQ1TT R-A TOR'sLiaWit'
rnsu rance..........................................9
,5.5
.
9WN1 Rs Liability Insurance, ...............
9
5.6
'Property Insurance,,
.5.7
Boiler and Machinery, or Addi-
tional . tional Property Insurance ..... ......
10
3.8
I\loticcofC:ahcellationPro%ision,-.-,,
X)
ig
C6`NTFb\CTO.F . Z!s RespRm9ibility
for Deductible Amounts . .........
:lot
5. fr,
Other Special Insurance .....
---:10
.5,11
Waiver of Righu
1'
Receipt and Applicatibn,of
Insurance flrmeeds,
10-11
'-5, 14
Acccpuince Of Bands and Irmix-
ance; Option to
5.15
Partial Utili ation-ppro -erty
z - .
lnsurruic�,.... ...........................
6. C0NTRAcr.6wsREsPcwsrBI ' IATIFS ...... ........
I I
6,1-6,2
Supervision and:Superintendcncy .......
,11
& 1-6 35�
Labor;Materials and Equipment,,,
I V 12*
6:6
Progress Schedule ........................
6.7
:Substitutes and 'Oi-Equal" Items;,
CONE RACTOFes Expense: -
Substitute Construction
Methods or Procedurm
- tqtion--- ......
I -ini 3
&.M., 11
Concerning Subuontractors.
Suppliers and Others-.
Waiver. of Rights...._ ...................
:612
Patent Fees. acid Royalties...: ................
J4 -
G; 13;
6,14
Lam.;4 an&R.cgulations,-, .............
...... 141
6.15•
Tax�s ...................................
14 -
6.16
Use
.,15
15
6:17'
Site Clein I inest;
15
6.18
Safe SEmetural Loitding
_.15
6.19
Record Doctunems,.,
I'
6.20
'Safety and
-16
6.21
I _
p Re Safety e r��
.... 16.
6-22
Ha7ard Commianicition Programs ......
16
6.223
Emcrgencies.............. . _ .................
16;
24
Shop Drawings and Sam pe; .............
*16,
.page.
Num&-r
6, 25
'Submittal Prbi:eedures-, CO
TR-ACTOR'i R.eiiew Prior
To%Shop Drawing or Stunple
Submittal-
16
6-26.
--------- -------- ------
tSho'p I Dr - d% . ving Y:es'qm ple .15ubmit-
tals Review by
16-17
6.27
Responsihility for Variations
From Contract Documirqs,;1:r,.-jY
IS:
Related Work Perfiirmed Prior
to H.NGUNIFER's Review and
ApPruV,,.fl of Required
. . - l-- 7 1.
b 'Surnivas_,, ..........
---1 '17
6,29.
Continuing the Work_.�;---
.17
.6.30,
CONTRACTORS Cicncral
Warranty grid Guarantee ...,, ...
__.17
6.31-6.33:
Indemnification --J748
634
Survival of Obligations
19
7., OTHER WORK ..................................... .......
18
.7.1, 7:3
Related WaLat Site,
8
7.4
Coordination-;_,,,,
18
S. QWW.-R-S
RFSPONStl 1, [TIE S_..; .... : .............
j 9
I
Cbm m'un i cations-torL70L'4-
TRACTOR_ ......... ....... L ......
8
8.2
Replaccfficnt of ENGrNEFR; ...........
[8
.8.3
rurnish Data.andPay Promptly
WhenDue .... ...... ...............
'Lands and Easements;Acppris
and T.CsN .....................
J,8119
.8.5
Insurance
'8.6
Change 0fL*s._, ...... .. .... ......
-0
dnspections, Tests anti
.....:........:::..::....::.::.:.:19
s:
•Stop or -Suspend Work;
Terminate coNt-RACTOR's
Servic e.1
1.9,
Limitations on OWNER'S:
ResponsibitiLieS. ............ _,; ............
19
9.1o.
Asbestos, PC B3, Pcu- olcum,.
Haiiardous,.Wastet or
9
8.11
Evidence of Fihancial.
Arrangements, . .............
'19
9, ENGUITEERS STATUS [)TJRL\TG
CONSTRUCTION : ...... : ............ ........ ; ----
9.1
OWNF. R'S 'Reprcicntativc ...... -----
19
3 9. 2
Visits to
19
PrnjecEReprescntnti%te ...........
19-31
Clarilliciuions and tn(,Mre-t
.............. ....................
21
9.5
Authorized'Variatiods in
u ICL<-- 191k)!3(1490 EDI HUM
%V( (31TV OF FORT COLONS MODUVICAnWiS (.REV9t991.
Article or -Paragraph page Artildle or Paragraph,
Number &-Titla Num lxr Number &-Titic
9_6
Rejecfingbefeelive
9.79.9
a Shop Drawings, �win s, Change Orders
I .
and Pay'nicrits:
9, 1 OL
bacrininaticns f�q' Unit Prices.,_..,
21?2
9.11-9:12
NEER as Initial ..........
_,'2
9.13,
Limitations on ENGINEER'S.
Aut-hotoity artd:Respopiibilities_:22_23
CRA'qqESJNTHF
WORK.: .............. ..........
2j
I
bWNER's Ordered ('hfthgc ....
....... 173 14,
10.2
Claim for Adjustment-,
;.23
103
Work Not Required by Contraa
Documtmts, ..................... .........
13
10.4
Change Orders., ................... _;z.__23
I
Notification of Surety, --
------ --------------
� . �3.
PRICE,
_73.
1.1.14 1.3
Contract Price-. Claim
Adjustment'; Value of
the Workl� ---- --_
2X72.4
UA
Cost of the Work.........._ ......... ....
'44725
11.3
Exclusions to Cost of the Work.: ......
11.6
CON`L'RA&C)
1.1.7
Cost Reqyrds....... . ____ ......
H.$
Cash All6wances% .......... ........ I .......
?6
111.9
Unit Price GVork ........... ....................
26
CHANGE OF CONTRACT TIMES ..................
.....26,
12i 1,
Claim, for Adjustment , .........
... 16
.123
Time oCjhe Esscrice... ........ .........
M
123
Delays Beyond CONTRACTOR's
12.4
Delays 13�,,yond OWN'ER's and
CONTRA CT0Rs Control ................
7
TESTSANEk NSPECTIONZS; CORRECTION.
RE-MOVAL-OR ACCEPTANCE OF
DEFECTUE WORK .............................. ; ................
_17
13.4
-Notice of Deredts.:_;... ...................
13 ^
Access to the Work---_
7
133
Tests;a Id (6nftqctions;,
CONTRACTORs Cooperation, .........
27
13.4
'OWNEks Responsibilities;
_
�
fncldp�mdent Testing Laiboratory� ......
27
,13__jr
CONTRACTOR!s
Responsibilities.....,__
13.6-1.3..7
(fovering Work Pribrtb I frispec-
,tion. Testing,or
134-113.9 Uncolvering Work%at ENIGI-
� tPaga
Num her
NE ER'S r IZC (I U 03 1 ............... * ...
27-28*
IJI:16
OWNER Aly StOP the Wcirk� ...
IM 1
Correction or:WmoVal of
Dgfychv&.Work,....................
1112
Correction Period
28
H1 t3
Acceptai2nup, ofDqfec6ve,Work:,.,
... ,.. 28
13:14
�OWNER %AW Ccrrect,Defective-
Work ...... ---
2&29
P,Avvifiwrs TO cogrit.\cTOR ANE)
14.11
Schedule of, Values ]-,
29
14.12
Application for Progress
,Payment ...... ................ .......
29
14.3
CONFRAM)Rs Wirr-anty of
Title,. ;_ d.o. ....... I .......
14A-14_7
...... I
kavie%i of Applicati6rls,f&
,
Progress'Paymnits......... ...
39-301
14.8-14.9
Substantial Completion.,,,,
14.10
Pirt ial Utilization -- ---- ;_, ;'0Y31
14.1]
Final Inspection ............._......:.......31
�l
14.1,2
Final ApplicaLiortfor PjYmcn-. ......
31
1+ 13-14.14 Fina.1 Paymentarld Acceptance.,_-,
31
14:15
Waiver of Claims;-_, � ............ �.31-32
15. SUSPENSION OF WORK :VND
TER,M[NATIONr ....................................
....... :32.
15.1 OWNERMaySuspend Work
...... 32
15.2-15.4 M WER May Term inatc ...........
15.5 CONTRACTORMliy Stop
Work or Term
32-31
16, DISPUTE. RFSOLUT16N _ .... ... ; ..........
33'
17. iM I S Gii I LAN E 0 US . _. � ...... ....... ..............
33
173 Giving Notl'Ce ...
3
17.2 Com putation o I T im cs�; ...............
1.33
173 Notice 6f ..........
....... :313
17.4 tumullitive Remedies ... ..........
, 33.
.
17�5 Professional Fees and'Court,
Costs Included ..............
-
17.6 Applicable State Laws; .... I ..........
33-34
Intentionally. left blank,,,,,.:.. .......
......
FMHBIT GC -A: (Optitortil)
Dispute Resolution Agreement ............... ......
1
QC -Al
16 1,- 16,6 Arbitration-,_,,_ ---------------
(JC-Ai
16:7 Medialion,-,
CJ(-L)C UENLIUL CONDII IONS 1910 119,90 EDITION5
v (ire of Fc)R*r
0
9
E
0
:Nbr�,x TmGENE.RAL. cQ1,qDMoNS_
City-Qf FOimt Collins modifications; t6the Ceneiraf Conditi66s ofthe Construction Ccaitritct afe not. shown in this ind-ex
Art: `
icle or Paragraph
NuniNr
�Adceptaftcc of —
defective Work....... ........ .........
1_10J 1. 13.3: 13.13
final li.aymcnf... ............
........ '(1.112; 14.11*
insurance
Luther Work, by CONTRACTOR
............... ...... T3
Subsiitutes and "Or -Equal"
W 'l; ork y OWNER ........ ............
15, 6130, 634
.Access -to the--
i-inds. OWNER and CONTRA: TOR'
r5spqnsibiIiti6:_1_:
.site. related Wo'rk: .............
........ .... . ..
Work . ......................................11Z
11:14, 14.9
Acts or Ornimions-, Acts and Om issioris
CONTRACTOR
_,6:9! 1, 9.1-3.3
ENCIINFFR ..........................................6.2(k
9.133
OWNER'................. ...................
.-0.319
Addenda—de'finiti6n of (alsosee
definition of*eci fictitiorts),_ ....
(I t0, I t 1 6119), I:I.
Additional Proocity
...... 3.7
Adjustments" -
ContrieL Prig or COt-na4
...... :E3;
3:5. 4-T. 4.12, +,5.21,
...... 3 3; ?-4; 9-5, M2-10.4.
P., .....
14.8,
progress schzdullz_., ..............................
............ 15.6
Agreement—
definition of
12
.'All -Risk" Insurance, policy formi; ..........................
Allbwanevs, Citsh,; ......... ...............................
........ 11,3
Xmending.ConLract
3.5
Amendment, Written--.
in,gencral .......... I ...... 1,10, 1,45.
15, SJO, 3J2, 6.6.1
........ 14.0 ...... K). S. 21 6,19, 10.1, 10.4,11.12
14.7.2
Apea(], (?WINTEIZ of CONTRACTOR
intent [o.... ..................... .40, 9A. 1, 10.4..16,-�, 16.5
Application for Payment-=
,definition of ............................
........ 1.3
Responsibility„FNGINEFRs ...........................
_.9,9
final payment,,,,,,,,,,,,,,, ..........
15
in-gencral ................ ........ :18,
progress payment... ....
-14.1-14.7
Arbitration* ..................... ..............
.......... 16-1-16:6
As -stos—
claims pursuant thereto-., ..... _ .......
+5:2.A.5,3
CONTRACTOR authorized to stop Work. ... .... 4.5.2;
definition 6(
*1
,Article or, Paiagr.6ph
OWNFRr,_qponsi&liry,f6r ....
8,wk
possible price W fimc-t change,;.............
4:5:2
authorized Variat'icris*in Wort
3 a G,'5, U7.,9'5
Availability of Lan4 ...... ............................
4.1. 8.4
Award. Noti6e-of—defined
FUfore Starting Construction, ..............
........ ...
bid—defiiiirirm of,,,,,,,,,,,,,,,,,,,,,,,, .
(1.1, 1 10,13. 3 3,
........ 6.13, 11.4.31 11.9:'Ii
Bidding, Doeurneirts--definition,
of
1;6(6;8 2)
Bidding Requirements —definition
of
Bonds—
acceptance pf� .......
..........
0 1 ditiona-I bands-'_ ...
.....................
10.5� 1 t.4,5.9
Cost 66he Work"'.'*
... I'L5.4
definitiomof...........
........
dcfivcry6f
' ... I ........ .I ... I .... I ....
final Application for Payment...,,
.
general ............ ......................
1;W; 5:1-5.3. 5;13;
9.13 '10.5. 14.7.6
Per fo
Bonds and trisurance--in general ...............
........ ........ 5
Builder's risk "all-risk" policy 6r, . q;
.6.
Cancellation Provisions, Insurance ...
5A 11, 3:8 S;15
Cash Allowances
J Its
Ccrtifi6ate 16F Substantial Completion.,
...... J38, 6.30,23.
................... ......
...... 14.8, 14.10
Certificates of
9.1 3.4, 13.5, 14.12
Certificates of
5.4,11, 5.4113,
5;8,
5J4,9,114, 14.12
Change in Contnict Price-7
Cash Allowances...::::.:..,... I .
claiiiii for -price
adjustment,.,,,_,_,,,, 4A., 4.2.6. 4.5. 5.15;.6:8.2; 9.4
10.2,
10.5,.] 1.2;13:9�
............ 13,14,
143_15:1, 15.5
CONZTRACTOTVs fee
11:6
Cost of the Work
general..................................
............. 1 1.14T 14:7
Exclwiipfis
11,5
Cost Record_... ......
...... �: .... 113
in 4A
1(),'43, 11.
Lump Stint Pricitig ..................................
� 1.12
J
Notification6f Surety...,,-,, .... ........
.. 1 ... ......
Scope
....... 50.3- 10:4
Testing and Inspcction.
Uncovering the. Work ..........
...... _1 119
L'Y--E)C GEtTRAL MIDI FIONS 1910;$ 1090 EDITION)
,%WC.TTY OF FORT cOLUMSMODIFIC An ()NS, (AFN 9;91))
ilriit Price Work.-, ... .......................... ..,11-9
.Article of Puragaph
.NNUMtier
. Value.bf Work ........... ..............
Chanic in Contract `runes -
for times adjustment-, ...... �4.1,-426,
4.5,'5,.15<
........... 6.3.2. 9A. %5. 93 1;
10;! 10.5; 12, 1.
13.9, *13.13, 13.14:
14:7,.,15- 1, 15 5
Contrictuiti timqjhits!
1.
Delays. bryond CONTRACTOR'.,
control
Delays bqohd OWNER's and
cawrmCrms control .
Notification of surety--.
... 10.5
Scope of charigi .............................
........ :10.3-10.4
,Change orders --
Acceptance ol`Dafective Work, ----
-----
----- 1.3; 13
Amending Contract Docum cnts .... ; .......
;.j-1
Cash',,Vlowances, ...... I ...... .. I ................
... 11 - 3.
!Chiinge 8Contract ' Price .................:..................I
I
Change of Contract Times-,
12,
Chan-cs in the Work,:. -7 - -TT - - - - - - -
1 0
coMkAcT6Dn% fee
Cost of the Work...::.........................:....:..a
1'.4-1 I'J
Coq Records_---, --- .-,, ....
definit'ib'n of ...... ----- -- a --------------
---
emergencies ....... .......... .... ..........
. ............ 6. 23
ttNGMEER!s respcnsibiI1*t'y''.'.....9.14,
10:41112.1
eXecution of ...................... ..................
...... 10:4
Indent hifictiton .......................... :¢12„6:16,
6.31-6.33-
insurance, Bonds and ............ ...... J-10;
iA3, IM'.
OWNER may term irate .............................
15.2-15.4
OWNtRs Respcnsibilitv -----------
M-1
Physical Conditions—
Subsurface and;: ................
* ........... 4.1
Lfndergrciund Facilities- .......................
4.3.2
Record Documents ...........
.
.6 19-
Scope of ..............
7-10.3-1(:4
Substitutes
4.7.3: 6.8:2
UrC Price' Work it
.... H.9
value of Work; w-veredbyj .......
Changes in the Work.... -------------------------------------
10
Kotift6atio'n of sui&y� ...... .....................
OWNT-Rs and-CONTRACTOR!s
responsibilities ... a- -------- ....... .................
"J0.4
'Right to.im.adjustment, ........... --------
- ---- .10.2
Scope at change .......... ............. ..............
03-10.4
'CIw'ms--
.against C'6NTRAcroiz --- ...... .........
....... 6.16
against ENdMPEER
against OWNER
3 2
Change of Contrad Price„--„-„-_.............
11.?-
Change of Contract Times .........................
19.4, 12.1
coN,MACTOR!s 4.11, 9.4,-9.-5,-9.1
1.10.2:
..........................11.3, 11 .9;
111, 13:9, 14A.
15: 1. 1 5. 9; 17.3
CONTPACTOR's Fee.: ... 11 ........
Article ar Paragraph
Num ber
CONTRJ%CTOR!s liibility ........... 5.4,'y, I-1 ti, 16, 6. 3 .1
Cost or the Work,7,. ......
11.3
Decisions on Disputeq .......................
....... 9.11,9.11-
Dispute Resolution:,... ....... I .. ...............
........... 16.1
.Dispute Resolution Agemeni. ...................
16: 1 -'16.6
ENGINEER as initial imerpretor,, .......
Lump Stun Pricing.-, ..............
L12
1140ticc of
OWNER's.................... 9A-9r5;9.11'
IU.Z 11.0- 11.9
13.9. 111313:14;
17:3
OWNERs liability.- ; - -7
... 1-1 S'
OWN ER may re rose to make, payment
........ 14.7
.Professional Fees and , Court Costs
Included
17.5
request far f6rmal decision ...... ; ..............
;A' I I
Substitute Items .................. ...................
6�711 '2
Tim 6 Extension ............... ......
I
Time rNuircments
I
Unit Price Work ......... .7 ......
.......
vqluc of
Wmycr oCvon Final: P4y'mcq',: ....... ......
414" 415
Work Change ......
........ 10.21
written notice required .... .......... ......T
1,2„ 12.1
Clarifications and Interpretations,;,,,,,,,,,,
3,6:3;'9A 9.11
CleanSite ...... ....... ...... ............ ............
Codes of rechnic,al Society, Organ.tzaticiri
or Association ..................................3.3.1
Conimcncemen - t of Cddraci'Timcs, ...
....... .... 23
Communications--
-general ....... .... -.6
2. 6.9.2, 8A
Uruard,CommiLnication Programs,-, .......
1.,I,G22*
Coal pletion-
Final Application for Paymciij., ................
....... 14.11-1,
Final Inspection ... ................... .............
... j4AI
Final Payment and Acceptance,.-- ..........
V4.13-14.14
Partial Utilization ... ................... ; ....................
j4;10
Substantial Completion ......................1138,
14.8-14.9,
'Wai'vcr of Maims ..... ;. ...... ..........................
1-4. 13
Computa�ii6ii of Timer. .... . ...... : .... ....
...
Concerning Subcontractors, Suppliers.
.and Others ........... ............ .................
Conferences -
initially acceptable schedules :.,,., .......
l5rceonstructiork... ................... ..............
............ 2.&
�'
Conflict, Error, Ambiguity, D' iscrepancy-
caNwAcTOR to Report,,,,,,,,,,
;-;.15,3.12
Construction. before starting by.
coiNTRAcToR, ...............
23-17
Construction Nfachincry. Equipment, etct
....... ....... .6.4
Continuing the Work......_,..-.-.-.
G.29, 10.4
Contract Documents-.
Amending..................................... ....................
13 5
Ponds............. ...............................
............. 5.1
LJCLY; GUNWR CONDITIONS 1910 -3 E 1990 EDMON)
W CITY OF FORT (-om.rNsMODIFICATION'S (RM')/'r))
E
11
*Cash Allowances .......... .................... 4 ............... 11.81
article or Paragraph
NTUM Ier
�Change of Contract Price ....................................
I I
Change of�'n3c'fines ........
Y
10
.4_-
hangcsithc V,,I.............................
10I5
check and verify ...... ............
........
Clarifications'and
'Interpretations., .... 16, 9:4, 9. It
defitnition
1.10
ENGINEER as initial intcrpictcr of,,,,.
„_--, 9.11
ENor,"4F.Fti is CWNER's rcfnLscntatiw: .............
11
generau
fnsurancc,.,_,,
5.3
Intent
at inor variations in the Work ............. ...............
3.ti
OWNEWs responsibility to Furnish datai ..............
S.3
OWNER's responsibility to make
prompt payment .......................... 13, 19.4,
14;13
precedence ........
1. 33.3
Record D"c-nts,
.. .......... I ...... ....... : ...........
6.19
Reference to Standards and Specifications
of Technical Soci4ics
RelatedWork.; .................................... ............
.:72
Reporting and Resolving Disciepancies,,, ......
25,33
Re* ................ :.: ..................
..3:7
:Supplementin .. ...................................................1.6
Termini tion of ENG M-ERs Employment,......._
9.2.
'
Unit Price W1OFk
J 1.9
varlittonq ......................................... �3.6,
623, 6.27
Visks-to Siw, ENGINEFR's ................................
9.2
Contract Price --
adjustment of, .... ;._:3.5. 4A. 9.4,,10.3;
11.2-11.3
Change ........
Decision on Disputes :.., .............. : ...................
;.9,11
definition of ..............
Contract Times-"
adjustment OC ............ ....... 4. IA.4, 10.3, 12
'Change of., ............................ ! ...........
1211-12:4
Commencement.o.............................................
. 2.3
definition o(::
CONTRACTOR_
Acceptance of [nsurinc6,,.,, ........... ..............
5. 14
Communications,
....... ... I .............................
fi. 2. 6:9,2
Continue, Work .6,29,
10.4
Poordinmi6n and scheduling,,,,,,,,,,,,,,,_ ...
_
definition 6r .............. .............. .....................
J• 13
:Limited Reliartcr6nTechnical
Data Authorized
�Iay Stop Work or Term ........
1.5-5
pro6de site access to others ....... .................
7.2, 13,2
Safety!and Protection ..... . ........... 14!3.1.-) 6.16.16.18;
.............................
7."
Shop Drawing and Sample-ReYiew
Priorto Submittal
M
. Stop. Work.requirements. ........................ :.:.-...4 52
CONTRACTOR'S -
Article of Pafiq�aph
Number
Compensation.._, ............ .... 1 .......... ----
,11.141.2
Continuing (' Al igati6n, ....................................14.15
Defective Work .................... .......... 9.6.
13.10-13.14
Diity*tu Lornect &fective Wof k
I
Duty to Report--
Chinges:in the Work caLsed by
Emcrg6ncy........... ...... ...........
; --------
Defects in Work of OdiLrs .............. ...
.. ... .... ...
Differing conditions ...............................
4:2.3
Discrepancy in'Documents .... .... 2.5, 3.3.2, 6. 14,2
Undorpround Facilities not indicated,,,,,,,,,,
4.3.2
Emergencies... .... ............................ ...............
0 23
Hquipn I tent and Machinery Rental. Cost
of the Work.:...:.....:...............M..:........:...I
1,4.5.3
Fee --Cost Plus. I ..... .............. 11 _4,5.6,
11 _ 1, 11.6
General Warranty and. Guarantee
.......6.30
Hazard Communication Programs, ...............
Indemnification ------- ......... .... 6.12, 6.16; 6_31-633
Inspection orthe Wort[„
.7.3. 13:4
Labor. Matc6als and Fquiom'eni .......... _ __'
..... 6.3-6:5
Laws and Reg tdati ons,- Com 0 1 iince by .
Liability [Esurance....., .... : ....... ...........
5.4
oticc of Intent to Appeal .... ....................
00. tu'4
obligation to perform and complete
the Work
0.30
Patent Fecs and Royalties, paid for by ................6.12
Performance and Other Bonds
Permits, obtained and paid for, by,,,,,,,,,,,,,,,,,,,,,,
6.13
Progress Schedule;,,;,;,;,,,,,;.... IS,
2.9, 0.6,
......... ........ : ...... ..... :_ ....... 2E29, 10.4, 15,2.1
RcqqLst f6r formal d4cision6n disputes.,
9A 1
Changes iii the Work .................. __ ..........
. 10. 1
Cbn-ceining.Subcontract'ars.-Su-pplie Suppliers
and Others
6.5-6.11
Continuing the Work ... ; ........................
6.29• 10.4
CONIMCTPR'i "xpensc., ..... ........
:__().7.1
CONTRACTORS General Warranty
and Guarantee ...................................
630
CONTRACTORs review prior to Shop
Mawing or Sample submit6l ...........
_:_J'.25
Courdinition of Work.
6,9_2
Emergencies ................. ....... I., .............
_....623
EjNGF.NT-ER!s evaluation, Sulbstinjfes
or "Or -Equal" Itcnis ............ ...........
..... 6:7.3
For Acts.and Omissions
of Others 6.2 I
4y1 9_13
Cor deductible amounts. insurance. ................
5-9
general ........................................ c,,7.1 7.3, S.9,
Hazardous Communication Programs__
Iiidcmni ticition ........ ................
A31-6,33
t:JCI)C GEXEFUILCONOH IONS 19[U:3 i I Y90 EDI 110N)
%Yli-fTY, CIRFORT COLUNSMODIFICAnONS t.RFV 9091,
Labor, Materials and Equipment .............. 03-6 5
Laws and
Liability Insurance:, ....... ... ;_JA
Article or Paragripli
Number
Notice of variation from Contract
Dccunn4nt5 ...........................................
6.27
Patent Fees and Royalties ............................G.13
Perm ......
'.-I
Progress'Schedule__,_ .... z: ........ .............
26,6
Record Docurients
6.19
ielatccl Work performed Prior to -
EINGINEERs approval of required
submittals..
safe structural loading .................................6.15
Safety and Protection ......... .... 6.20, 7.2, 13.2'
Safety RcprcseritatiVe ---- ---------
�
....... �,6. .l
Scheduling the Work,, ............... ; ................
6:9.2
*shop Drawings and Samples' ..........v
6.14.
Shop Drawings and Samples .
by LNC4 M.-ER ........... 2..............
64-26
Site Cleanliness------------------------::-._.
Submittal Procedures.......„,,,,,,,,,,,,,,,,,,,,,,,,,,6.25
Substitute Construction Mellibih%
and Procedures...,...:_....::_:,:.--:::,:,_.-.:
6.7.2
Substitutes and "Or -Equal" ftinis
63.1
Superintendicnce....... ..4.4 ....................
4 ........ :. j5:2
Supervision ...................................................
0. 1
.Survival of Obligations ................................
634
Taxes..........................................................4.15
Tests, and Inspcetions ....... .....................
133
ToReport_ ......................................
............�.S�
Use of Premiks, .... ;.,6.16-6;18,
6.30.2.4
Review Prior to Shop Drawing or
'Sample Subminal....
-Right to adjustment for changes in the Work ..... 10.2
7.1, 91 4, 9� 5, 9,11,.10.2,11.
right to.clairri ... :, - -
-2,
...... 12.1. 13.9, 14.8, 15.1.
15.5, 17.3
Safety and Protection ......... 6 20-6.22.
7.2. 13.2
Safety keprese'lltritive ........................................
6.21
Shop Drawingsand Samples Submittal,% ...
:6. 24423
Special Consultants ------ : ...... ; ......... ..... ;_i
...... 11.4.4
substitute Construction Methods and PracedunisfiJ
Substitutes and'Or-Equal" Items.
. Expense:. . ............... ........................
6.7:1, 6.7.2,
Subcontractors, Suppliers and Otherg...._,
.
... j6.8-6. 1,1
Supervision and Superintendence, ......... 611.
6.2, 6.21
Taxes. Payment by ..... .....................
...... jc.ls
Use of Prcm ises
16-6. 18
Warranties and _quarantees_ :....6.5;
6.30
%Varranry of Title ................... ...........
* ......... 143
Written Notice Required—
CON . TRACTOR stop Work or term6w
........ 15.5
Reports of Differing Subsurt - aee
,and PhyiiLil Conditions .......................
Substantial Completion,..,..,,,. 4 .........
...... 1-1:3
tiff
CQNTRA(_,;rORS-:oTher ....... ................... ___,7
Contractual Liability Insurance ..
..._. .... 3.4.1o,
o..................
Contractual Tiirui Limits ...... ................ ...... J2.2
_article or Paragraph
Number
Coordination—
CONTRACTOKs responsibility ........ ............
§:9.2
Copies of Documents .................................
.............. 2. 2'
Correction Period
Correction. Removal or Acceptance
of Defective Avork,
in general
13.10-13.14
Acceptance ictfDefective Work ..........................
I j. 13.
Correction or Removal of
Defective Work .................... :.. ..........
6.30, 13.11
Correction Period .................
113. t2
oWNtip, Imity Co-rrcct Defective Work_--..--,.--.
� 13.14
OWN TER May Stop Work ......... .............
13.10
Cost--
oUrcsts and Inspections.....-_-..-_
Records 113
Cost ofthe Work-
8cmds and insurance, additional ...................11.4.5.9
Cash Discounts ........
11 ........ j 1;4.2
CONTRAGfOR's Feel: ... j_., ......
1.6
'Employ" Expenses.,:,_:,-.:: : ......................
11 A.5; 1
Exclusions to ....................................................
1 Ls
General 11. 4-11:5
Home office ind ov&heqd expenses ....................
11.5'
Losses and'daniage3 ......................................
11.4-5.6-
Materials and equipriieni .................................
11-4-3
,Minor expenses ...........................................
11.4.5. S
Payroll costs ,on chang cs ......
L4.1
performed by Subcontractors ....
1. 4- 3
Records 113
Rentals of,construction equipment
and machinery ....... .......
:
Royalty payments; permits and
license fee!k .................. ........... ......
...... 1 1A. 5:5
Site office and temporary facilities , ..............
j 1.4.5:2
'Special Consultants, CCNITR.ACTOR's .............
11,44
'Supplemental,-:,;.:.,,.. ,1- ......... ;
....... 11.4.5
'fazes,rclated to the Work ................
_11.4.5, , 4
Tests and rn.speytin ................... ......I ...........
. 134
_o
Trade Dis6otuvt5 .................
1.4.2
Util ities;. Fuel';andsanitary
11-4- i,7
Workiifter regular hours,,,,,,,,,,,,,,,,,,,,,,,,
, ,,,,,, I L4.1
Covering Work ... *........... : ...... 1 .............. I .......
J 16- 13.7
Cumulative RemediesI :__ .......
17.4-17.;
Cutting, biting and patching ...... : .......
----- 7.2
Data, to L� ftirnished by OWNER ... ... I ... I .................
8.3
Day -definition of ................................................
j 7.2. 2
Decisions on Disputes: ...................................
-1
69.11, 9.12
dfecrive-defiri it ion of ...........
1,14
&fective k6rL
Acceptance uf,_ ..................................
W.4. I. 13.13
EJCDC GUNFAAL CONVI I IONS 1910-3 ilurn LDIUON)
W1 CITY OF FORT COLLINS MODIFICATTONS iRFV-)/'P))
Pi
9
9
0
9
Correctibri,or Rcmoval,of 4,1_U 11
Correction Period
in general,.. A3. [4.7. 14; 11
Article or Paragraph
Number
Observation hv.ELNU[NEFR ... ......
I.I..I..:,9,2
.OwNEP ,\;uy� Stop Work:,;_* .........
.13.16
Proin pt Nodix of Dd lects ........... ...........
13:1
Unwv&ing the Work,
Dcrinitions ......... ........
"I
Delays �
.................... 4:1, 6.29, 12 3-114
Delivery of Bonds: ........
Delivery dcertificates ofisuriirwe
Determinations for Unit
Differing Physical , Conditions -
ditions
_Subxurfacepr ,
Notice
Notice of ....... . ------
....... 4..2.j
�ENIGNEFR!s Review
.Possible Contract Documents Chnfigq ...............
472,5
Possible Price,and Times Adjustmen , ts .........
4.,1.6
Discrepancies-Repurting
, and kesol,ving 13.2; 6. l4Z
Dispute Resolution—
Agrecinenk: ... ........ ;_.; ...... :..;
.... J-6.4-16.6
Arbitration L,;.,j6.1-16,5
general16
Mediation
Dispute Resolution Agreemnmt ..... ................
I.& [- 16.6,
Disputes. Decisions by FINGINIF ER......,. ...
1-9:12.
Documents --
Copiesof_..
__ ............................... .........
Record 6.19'
k,.:Ysc of.j: .......
Drawings --definition
1: 15
Easements' a
1
Effective date of AgreMcnr— definition
j 16
ENGINEER-
as initial interpreter on disputes,,,,,, .....
P. I I 9'l 2
d e fin it ion. o f .
'Limitations -on authority and respiinsibilitic5i_;.,.9.1j!
Replaceffient
8:2
Resident project Rcorckeiitaflvc., .............
...... *9;3
EN,GriqE Rs Consultant— definition of.,,.:,,,.,.,;
1.18
ENGNEEkii—
auth6rityand;responsibili.ty. limitations.o.9 ...
Authorized Viriatims inthe kvork,..
"9,13.
9J
Change Orders, responsi bi lity for.. __::9.7, 10- 11, 12.
,Clarificitions.and Interpreta tionsL ...... _,3.63
1 9.4
Decisions an Disputes,_,_ .......
1-9:12
defective Wor1c, notice of
Evaluation of Substitute iie'm'
7.3
Liability.. ............ .... 7..6.3
9.12:
Notice Wo
rk ork- is Acceptable ----------
....... 14.13,
Observations,,,,.,.,,,,,fj.3Q_.2,
9.2
payments to the CONrrRACTOW,
Responsibility for"...
Recommendation of Pavirient... 14-13
.,Vtiole or Paraeaph
Number
on:,,,,,,,,,,
11, 9.13
Review 6f Reportson.Ditrering Subsuifiace.
and Phvsi&al Condifibris
2:4
Shop Drawings and Samples. review
..........
6: 26
Status During Ccristrtictioft
authorized variations in the Work .......
Clarifications and Interpretations
9A
Decisions on Disputes ...... ....... ...........
9A 1:9. 12
Detenninations on Unit Pii",_
9.1(
GiNGINI] FR as [nitial Interpreter-
ENGINEERS ResP oni;ihilitics
1411
Limitations on FNIG NIEWs Atithorim,
,and Responsibilities, ... ..............
__:9:13
O%V.Nl-:R!s Rcprewn
......... I
Project Representative .......
RejectingDefychve Woik
79.3
9-6
ShopDrawirigs, Charip Orders.
,ind,PAym6nts,.,.,,., ...
Visits to,sitt%
9.,)
,Unit Price daerminatrUPs...
Visits to Site .................
92
Written consent required ..................
7.2, 9.1
-'Equipmentj Labor, �,Iatcrials and .... I ........
.........¢345
Equipment rental, Cost of the -Wo-rk ................
IIIA5:3
Equivalent Materials and Equipment, ...... .................
03
error or cut issions .....
Evidence of Financial A rnn6euients.
3.11
Explorations of physical
Fee, CONTRACTOR'S--Coits'Pilis,..,,., .....................
1T.6
Field Order. -
definition of_.�
19
issued by ENGINEER ..............................
.'16, 1 . 9.5
Finid Application for Paymeril ......... .......
.Final Inspection .... ....... .......
Final Payment"
and.A6ceptandd ........... ... . ... ......
Pfior Co. for cash allolm-rices ... ...................
HIS
General, Provisions ------ -------------------
..... 173LI74
General R.ccluirements—
definition of
principal references tQ... .......... 1.6,
7,.6.24
Giving Notice ---- ----------- _,._ .............
j 7.1
Guarantce�of Work -by CONTRACTOR
14, t2
Hazard Communi-alflion Preemms ....
............ 6-11
Hazardous Waste. -
definition of
general _ ........... -------
---
OWNER's rc%pqnsJbilitY__:tor........ .........
......
EJCDC GENERAL CONDITIONS 19103 6*990 EDIT I ON)
,yri-TFY ORFORT (.RFV9i99),
Indemnification
'Initially
& 1 2'- 6. 1 6,.6:3 I `-6.33
Acceptable SchedulcS_
....... 2.9
InspecLio-n--
Cartificatei of-
9 13.4_115� 14.12-
Final.................... ............................
11 ...... 14-11
Article or,Nragraph
Nuaahar
'Special, required. by ENGINEER ..... ..........
1: .... P.6
Tests and Approval _83, 113-13.4
'rnsurance-.
Ac6cptancc of; by OWNER.-::..........
14
additional: required by changes
.............
Before,starting theAVark
Bonds and --in general'...._ ................ ................
:_5
Cancellation Provisions'...-.,,,.-,
i.s:
-1
Certificates of .7, 5, 5;3, 54.
11. 5.4.13;
....... 0.; ....... ;.5.6.51 5IS15,14, 9.13A4
14,12
completed operations,,,;,.. 1............................
.MCTOR!s Liability, ---- ...........
......... 54
CONT RACTORs ri�jection to coverage,-,
S. 14
Cotitramal Liability, .... I ........
deductible amounts, CONTKACTOR's
responsibility ............. :;. I .... : ..... ..... 111.1:
....... 1.5.9
Final Application for Payment ...
,A4.12
Licensed Insurers
Notice requirements, material changes ........
5.9, Mfi�
Option to Replace, .................... ...... .......
14
other special insuranec* ......................... ........
I
10
OWNER as fiduciary for insure
_(N
5.12-5. 13
mkvE k!s Lialiil ity ........
OWNER's Resperksibilit3� ............. ......
;.i.8.5
Partial Utilization, -Pr uperty Insurance,..,.,
I .......
..........
Receipt and Appl - icat - ion-orinsurancc
Procecds: ........... ... ................... ...........
Insurance--._ -------- .....................
litSp&!al
Waiver ol Rights ....... ....... .. .......
Intent ordontract Documents .
................... .......
3:1-':4
Interpretations and Clarifications,_, ......... .......
3.63, 9A
Invesaigation.s.of physical•conditionft.;.'.., ...
4:2.
Labor. Materials -and Equipwn,t ......
Lands --
and Ea3cmcnts_
....8.4
4.1, 8.4
'Reports, and Tests: .. ...........
Laws and Regulations --,Laws or Regblatirins
5on& ........ ........... .......
Changes in the Work... .............
10.4
,Contract DoCUMCi1tSZ-,._ ...... :: .... ----
: ... p!Z3-'
CONTRACTO Rs Responsibilities_ ... ..............
e_ 14
Correction Period, d.recfive Work .... ................
13 12
Cost of the Wo6, mus, ...............................
11,4iA
definition Of ..... ..... ......
------ 1.22
generRI6.14
thdcrunifitai6on ..................................... _.6.31-6.33
Insurince
........... I ................ ...............
Precedence_ .., ...... ................... 13; 1. 3.33
Reference to,,, ...... L —, ------- 3.3.1
Safety and Protection., ........ 132
Subcont.ractors,v Suppliers and Others., ........... 6.8-6, [1
Article or Paragraph
Num ber
Tests,and Inspections .. .................. .............
13.
Use of premises:_.
Visits to Site ... ...... -----
--
LiabiliivInsurince'7=
5.4
Licensed Sureties and Insure.rs.
5.3
Liens—
Application for Progress Payment.,_,,,_,_.,
.
CONTRACrOR's Warranty ofTifle.,_ ...............
143
Final Aoplication.ffi,r Payment,, ....
definition of,,;_,,, .............. ......
Waiver of Claims:,,:.,,, ................... .........
14.15
Limitations on ENTGI'MEER's authority and
responsibilities...........__----:;
9: 13:
Limiied Reliance by coNTR..Acro,k
Nuthfir iked
Maintenance,and.Opmuna N(nnuaLs--
Fmial Appli&i6on 1ur'Paymcnt..___
Manuals (of others)--
.................. ......... ......................
in CoriLta ct McumenLi ....
3 -.3; 1
Materials and equ.iprr�nt
Furnished by co,� . rRA(-TOR.. .....................
....... 6-3
mot incorporated in Work,
14. 11
Materials or equipment--cquivaIen1._.,,, ;_z.fi.7
.
Mediation (optional)_: ......
16 7
Milestones --definition of.; ..... ......... ............
J 24'
,41S&eIlaneous--
Cbmputation of'rimcs_ ---- -- -----------------
- Cum ulativc, Rem edieS,
-17.4
Giving Notice .... i .................. ........ ............
Notice,of Claan .............
17.1
Professional Fees and Court Costs'Included;
... :J 7.3
LMulti-prime contracts -------
Not Showii or Indicated ..... ; ...... ................ .....
33.2
Notice of ---
Acceptability of Project ------ ...............
__14- 13
Award, definition of
I 2i
claim........... ..................... ...... :_ .......
17-3
Defects. 13.1
Differing Subsurface or Physical Conditi6ns,.,._,_4.2:.3
Giving : ...... :." '
ITI
Tests and Inspections,,,, ........
... 13:3
Variation, shop Drawing and Sample . ... ..: ..........
Notice to Proceed—
definition of ......................................................
t.26,
givingoF............................._.......:.....................?.3
UJCDC ctsxEfLA CO"ibi 110V5 )910-s
I I 990 EDITION)
W UlTY OF -FORT COLLINS MONFICATToNS (REV96)1
0
9
FA
Item No.
Item Description
Unit
Contract
Quantity
Unit Cost
Cost
208.01
Stomnvater Protection - Rock Sock Wattle
LF
70.00
S18.50
S 1,295.00
208.02
Stonmvater Protection -Recycled Rubber Wattle
LF
0.00
S22.50
S -
208.03
$tonawater Protection - Straw Bales
FA
0.00
S25.75
$ -
210.01
Adjust Valve Box
FA
5.00
$77.25
$ 386.25
210.02
Adjust Valve Boxwdh Tyler6860 Series, Item R 69,
Screw Type Adjustable Riser, Including Parts
FA
0.00
$155.00
S -
210.03
Adjust Valve Box with Ring
FA
10.00
$105.00
S 1,050.00
210.04
Adjust Manhole with Locking Ring
FA
2.00
$140.00
S 280.00
409.01
Hot Applied Chipseal Overlay
SY
126,000.00
S7.64
5 962,640.00
630.01
Additional Variable Message Board
FA/Day
10.00
S -
630.02
Additional Flagging Personnel
FIR
12.00
S -
TOTAL COST
S 965,651.25
Nine Hundred Sixty Five Thousand Sit Hundred Fifty One
Signed �L
n•,� , ,yam ^, p.
Company .1 C�-yitpse al lA
Check One:
Individual Doing Business in Company Name
Corporation
Partnership
i
Dollars and Twenty Five Cents
Address �;( b C) l 1,�). e o Li+yl l.ayl
Phone/Fax I i
Noiiticaiion to5urcty;,,,,,,,,,,,,,,,,,,,,,
Otaservations; by ENGL PEER ,
„6:31), 9.2
Occupanc'g of the tVork
S: I5 630,"_:4, 14;10
Omissions or.acts by CONURACTOR,.:,,_ . ,,,6:9, 9.13'
Open -Peril policy form, Insurarica
. .,. .
,,,,, - ,,,,.' 5.6.'
Option to;Replacc...............................
Article prParagraph
Num her.
'^Or.Equal"Items:..........................:,.::...........:.....,:,..6:.7
Other w6rk.7
Overtime Work; -prohibition of;.,... ._
_. 63
OWNER--
Acceptance.ofdefective.Work:............... .
I3;13t
appoint an FNGIrN'EER...... .... ..:::
as fiduciary,...,_.. ..............
Sae=5.13+
availability of Lanrk: responsibility,,,,,,,,,,,,,,,,,,,,9:�1.
.definition of ....... ...:..:.....:.... :.::._.........,
data; furnish ....:.::..:::.. ............:_J.3
&Iiy. Correct Defeetive Work.:...::....:..::.:.........t3:
T4'
,\lavrcfuse to make payment,,,,,,,,,,,,,,_
..................
'd#J`
...
irtey Slopine-Rrork............................_...........
13.'l0
.V1av:Suspend Work,
Terminate.;._ . .. . .. ::....:. Y.S. 1'3:1U: 15;,1F15A
'Payment, make prompt .:............ :..:33,
14.4, 14:13
.
performantu, of othcr.avork_,,... :.:.,: -
permiLs and licenses; requirements,
0:13'
purchased instutiniie•requiremznt5:.
�5:6-5>IO
Mlni 1ER's--
. Acceptance oftl AVorl,...... _...... ........._...-.h:30:3.5
Chitri& OF&rs,obligation to ezcctilp:;;:,,...,;8.6,
10.4-
Comm unicatiorok................................ . ...........:5,1
CoordinatiomoftheN+ork,,,,,,,,,,,,,,
Disputes request for decision ..:.......................„'
I I
Inspections, tests andapproyals';,8.7;
13.9`,
Notice of Defects ..:.....:...........:.::.. ..........
ReprLsentntive--During Construction;-
ENG[Nm4s Status
9.1
Responsibilities--
.asbestos, PCBs, Petrolcum;.Hazardcus.
Alasta tar!Radioactive. Material...............:5:10,
ChangcOrders:..:...:..::... . -. ......
.
..
Chanees in the 'W urh,, ,;,,,;,
communications_-. : ....:........::._.......:...._....:Sit
-CONM; (TOR's responsibilities ...........
:....... 8,9
evidencmof financial urrangemenls, ......
....... 8111
Inspections, testsand approvals,,
:.
........ 8.7
insurance...............................:......................
b.5
lands.and easemertts-,.,;,_„ ...........
_.
prompt payment hv..... ._..
8.3
replacement of ENGLNrEER:..:.:...::,--.:,.:::...,?
2
reports and tests ........ ...... ... ...... ....... ..........
-'8A
•stop or suspend Work-_ . ............ 5:8, 11101_
151
terminate CON7R,4C-'TOR's
services- ;.-_-_._... _.... _... _.-._..._..,'s:
�': 1 i,
separate represent ativeat site,,.,.
9.3
ri
'testing, independent.,.;,._,. ,.-134.
use or occupancy
oftho.Wok, .......... 5.15;6:30.3;-1.14A0
written consent or apprnval
required., 4.1.63:'I I'.A
L'JCDC GL'NEIIAL CON'DMONST91U S 000 Eiji noM
.tvi CTTV. i1F.:FORT COLLINS Lt00]FR7ATIONS REV 9i991.
Article. or Paragraph
Number
'%ifitteft notice required,,.�: ... �:.J-
1 " 9.4; 9- 11,
I....................................11.2,
1.1-9: 14.7, IS:4
PCBs --
definition of
general........... ......
.............................................................
........ 4.5
OW.�IER'srespvnsibiliiy for...
Partial Utilization—
.de fihi Lion of
g1neral 6.3 0,2.4, 14.10
Property lniurancr ............... ..............
.......... 5,13
,Patent.Fees, and Ro It1'c .3 .. M....
a ........
... I .... 6.12,
�Ya -
Payment Bonds-, ............. -----------
-,5.1-5,2
'Payrrtcnts: Recommendstion of
14.4m 14.7. 14.13
Payments to"CONTRACTOR and Coca pletion-
Application for, ProgessPlayin ents..,,
....... 14,2
Cow kACT OR's Warranty o f T itle
............ 14.3
Final Application f6r Paymentrm., .......
1'.. 34.12
Final Inspection..-......... ...... ...........
......... 14.11
.Final Payment,ind Acceptance ...............
14.13-14.1-4
.general,.. .... ........
: ....... o..J3: 14
.Partial
14.10
Retainage..........................................................14.2
Review of App i.ttons Ior
Prog-ressPaymerim,, ... .....
-14J
prompt paymenk ........ i:II ...........
.......
Schedule of Values ....... ......... .........................
Substantial Completionk .....................
........ 14 * 9- L4,9,
'Waiver 4 Claims .........................
14.15
when payments,chic ............
14,4i 1413
withholding payment..... ....... 11 ..........................
143.
Performance Bonds., ... ............. .......
i,.l -5, 2:
Permits ......
Petroleum -
definition oC..,, ..............................
.geheral ................. ...............
.........
OWNT-R's responsibility for,,,,,,,,,,,,,,,,,,,,
.Physi'cail Conditions--
Drawings of, in,or reInting to ...... ..................
4.2-1.2
ENG]"NUR's review, .....
.... Ai4
existirij strucnir6-, ------- ................
general4,2,1.2 ................... ..............................
Notice o[Differin.- SubGurflicc or; .....................
4:2.3
• Possible Contract Documents Chan -M.-., ----
.Possible , Price and Times Adjustmen.t4 ..........
Reports and Drawing? .....................................
Subsurface and,,,. .......... ............... .......
...... ... 4.1
Subsurface Conditions
4.,,Ir, I
Technical Data, Limited Reliance by
. .
comTIR-A(,`TQP Authorized ....
All
Underground Facilities—
'ge . neral ....................................
Not Shown or Indicaed
Protection of ... I ........ . ........ ................
43.. 6.2
Ad
.shield or Paragraph
Number
Shown.orJndi6ated,., ... ..........
Technical Data ...............................................
a. 22
Preconstructibn Confereneq.......................................2.3
Preliminary wtatters
Preliminary Scliedutes
16
Premises, Use of ........... ......
18
Price, Change of Contract.:.......................................:.I
I
Pric;e, Contract--defihiti6n of
Lll
Progress Payment, Applications
Progress Paymcnt-,-rctainagq ...... ...........
..
schedule,.
Progrdssschedule,CONTRA I CT6ks ..... .....
2 . �6; 2. 3'r 2.9.
1 .......... . ... .,, 6.6, 6.29.'.
10.4. 1 ;;4.1
Project -definition of ----
7177 -.131
Project Representative--
ENGLNrMs Status
Project Representative, Resident -definition of 1.33
prompt payment by OW74HR ....
...... ...... ; 8:3
Property Insurrance--
Additional..................... ......... ;
................
generals.&5. to
Partial UtilizntiQn
15; 14.10:2
receipt and application or proceeds ........
5,12-5,13
Protection. Siirety and ...... .........
29-6:21. 13:
Punch list ......
Radioactive Mat6rial=-
defmtion
gerwra14.5
OIVNF R's.asponsihil icy far .............................
it]
of Payment,,,,, :..14.4.
14;5, 14.13
.Recommendation
Accord Documents,- ... ....... ......
...... 6!K 14-11'
Records, proceduresfor maintaining,,;,,,,,,
,. 2.',8,
Reference Points.:..:.:.::_
. .......
e.to.
Referen6Standirds-and Spect fications
of Techniml.Soc'ieti -
13
Regulations, Laws and (or) ........ ....................
........ 26:44'
..................
.... . . ......
ReIated Work—
at Site .......... .............
'Performed prior to Shop Drawings
.and Samples submittals review::...,;.,,,,,,;;,.,,;
0028,
Remedies, cumulative,.,, ..... .
175.,
Removal 4 Correction otDqj,�cfiva,wark.
....
I I
rental agreements, OWNER approval required
.... 11,4,53
replacement of, ENGLNE ER, by OWNFR .......
Reporting and Resolving
Discrepancies ............. ........ ........... 2.5,
3.12, 6,14;2
Reports-
nd Drawing'sj,, ..... .........................
41.1 1
and Tests, OW'NTERs responsibility,...,,,-,
-------- 8.4
Resident and Project Representat.ive
............
............ :1.33-
provisionfor-., ..................................... ............
i:JCL)C GENERAL CONDITION5 1910 -3 (1990 EDITION)
wi OTY OF FORT COLUNSMODMICATION'S (REV VP))
E
E
0
Aiticic or. Paragraph
Num ber
Mident SuPerintendent,
Responsibilities--
CONTRACIT OR!s- in genera .................. i6
ENGINEERs-in general ..............................
.......:.9
Limitations on
9A3
OWNEWs-ingeneral,,,,,,,,,,,,,,,,;,,,;,
Retainage
14, 2
Reuse of.Documents
Review Py COWRACI'OR: Shop Drqwiings
and Samples Prior to Submittal.,.., .......
—6.25
Review of App!ication:i for
Progress Paymcnt4 ..............................
... :,.14.4-14.7
Right to in adjustment ..............
..........
Rights of Way„-........ ............. ...........
4-1
Royalties, Patent Fce3mid ... ;; .... F ................
46. 1 -2
Ssf6 StTuctural1oading .............
.......
.Safety. -
and Protection ... ..........
1.12
general ....................... _!7� ......
.Representative, CONTRACTOR's.:
.... ; ..........:...:.(:al.
Sampjeg
definition of ....................... ............
: ------ ;_J.34
genera.....................................................
0.24-&28
Review by CONTRACTOR ....... ........................
6.5-5
-Revic%v by ENGINEEK .............................
636, 6.27
related Work
28
submittal of...— ............ ................................
A 24.2
submittal procedures ................
..... I .... 6.25
si;hcdulc of pru�;rrss...
:
---- -- -------
629, 10.4, 15.2.1
Schedule of Shop Prawing and Sample
Subniitmls ............................ *�.6.2:849,
(i.24-&28
Schedule. of
SLiwdules..
Adhertncc toL ....................... : .........................
i 5.2 1
Adjusting...........................................................
6.6
Change oCContmct Times % .......
........ .... 10A
Initially. Acceptable..-_..1 ------- i
.............
Preliminary .............................................
........... 2-6
Scope of ChanaLs............... I ...................
110,.340A
5ubsurfacc Conditions .............. I ..............
..........
Shop Drawings --
-and Sam pies, genera j................................
.. 6.24-6:28
Change Orders & Appli6aticins for
, *
Payments, and .... Z4_._..: .......
..... 93-9.9
definition :
EiNIGINVER's approval of ...... ...........................
3.6,2
ENGWEER3 responsibility
for review., ....... :6.w .......................
_93, 6.24-628.
relited-Wor�
review procedures ............. _ .................
31 6,24-6:?8
Article or Paragraph
Number -
submittal required ............................. .................
6.')4 I
—
Submittal Procedures .........................................
6.25
use to. -approve
6.7.3
Shown or Indicated
SiteAccess .................. ....................................
7.2, 13.2
Site Cl'eanliness
0.17,
Site, Yisitl to —
by ENG NEER ... ............. : ------
9.2. 13.2
byothers__.... ............................ 4
.........I3..2
.spcti.3.1 causes of loss" -policy form,
insuranut
.. JA2
de�firuti,n'o( *"...............
""; ... 2 .................... I ......
1.36
Specifications—
deFinition of
1.36,
-of-Technical.Socictics, reference to ..........
... 3,11
precedence.......: 1. 4 ... ; ... ;.. I ;W..; .............
Standards and'Specifications
of Technical Societies .....................................
Starting Construction, Before ... 1
......
' '
Starting the Work ..........
....... 1A
Stop or Suspend Work—
'by CONTRACTOR ..........:...........:....................I
5.S
by OWNER.
15 , 1
e. z S
Storag
.5 of materials and equipment .............. ___4.1,
7.2
Structural Loading, Safety ........................................
6.18-
SUbconfractor—
Coh6erning ...................................... ............
6.M.l i
-definition of........................................ .............
j37
d.eGV.q ..., ....................... I ............. I .............
123
waiver of.rights ........................................I.......6.11.
stibcontractors--in general
-6.11
Subcontracts --required provisio.hs_,__,5.11. 6,11, 11.4.3
SU61 ittals—
ApplicationsTor N menk .................................
y
14.2
Maintenance and.Operation Manuals ...............
14'.12
Procedures
6.23
. . ...... ..................... ............
Progress Schedules .............. .............. 4 .......
t .......
1.2.6. 2.9
Samples ...................................................
6;24-6:28-
Scheduic,of Values ........ ....... I ......
2.6,14. t
Schedule of Shop Drawings and, Sam pies,
Subm i I q.s i o ...
ns ............................... .16,
2.8-2.9
Shop Drawings ........................................
6.24-6.28
Substantial , Completion-
14.9-14.9
definition of ........
1,38
Subst ;
. iture.construciion Merh6,ls cir Procedures...,._,6.7.2
I
Substitutes and "Or Equal" items ...........
CCNTRACX0.R!s Experse...; ........... ;__:;.(,.7.l.3
FNG1NFE-',R'q Evaluation.................................6.7.3
"Or-Eqwil ......... ..........................................
Stibstitute, Construction Methods
cj(,DcGrNLP,kLC0NDinbNS 1910-311490EDIFIONI
wc.TTY 6F. mwr c.RF.V qMF
Arti6le or Paragraph
NumbJr
or Procedures...: .... ................ :..: ...........
7.1
'Substitute ftents
6.7.1.2
Subs�uiracc and Physiical Conditions—
Drawings of, in or rclatnig to .........................
4.2.1.2
ENG[NEER's %miew ...........................
..... A2A
general ... "' ' "" ..... : ...... " _..:I......::,,::...-....
.
Limited Reliance by CONTRACTOR
Authorized ' ...............................................
. 4,12
:
Notice of Differing'Subsurfacc or
Physii;al Conditions:,,.,,_................T ........
Possible Contract Documents Change...............4
2.51
Possible Price and Times Adjustments., ....
; ..........4. 2.6
Reports and Drawing;j ... ----- : ....
.... .. 4.2.1
Subsurface and .......
;.;.,; ... 4, 2
Subsufface Conditions at thz'Sitel
4-2. L I
rechni6l Data .............................. ...............
_4:2.1
Supervision—
CONTRACTOR!s
OWNER shall not supervise ..................................
S1.9,
ENGINEER shall not superyisq..':'
9JI-7
Superint'endence
.1 _I, ......
6-2
Sdocrintendent, CONITRACTOR!s resident _,_
.. ..... i5.2
Supplemental costs ..............................................
11 ,4.5
Supplementary Conditions—
ilcrihitiun of ....................... ....................
....... J.39
principal references t9 .................. ),It), 1.18
7;.
................ ...... 4;2�43, 5. I. 3_3,
5.4, 5_6-5:9,
........... 1 ...... . 11. 6.8, 6.13; 7.4. 3.11.
9.3-9. 10
Supplementing Contract.Documents ......
,Supplier --
definition of,, ........... ........ ....................
......... jAQ
principal references tQ ........... �3, 6.5i 6.8-6.11. 6.20,
............ .......... 0. 24,
9"1114.12
Waivar of Rights .............. ................ ..........
-,. I
Surety -
consent to final payment... .....................
J4.11 ' 14 W
ENGINEER has no duty to .................................9.13
Notification --------10.1,
qualificafion o( ........ ....... I ............. ...............
i. 1-5.3
Survival of Obligations.......,,,_................................6.34
Suspend Wbrk. OWNER May .......................
j3,10.,15.1
Suspensionof Work and Termination-_., ...
J5
COINTPACTOP, May Stop Work
or Tenn inate ........................... ....................
13.5
OWNER flay Suspend Work .....
15.1
OWNED May Terminate.::.,.::.-,__............
;-.15.2-15.4
'fixes --Payment b4 CONTR.-VI'OR ...........
...6-15
Technical Data --
Limited Reliance by CONTRACTOR .........
:2'
Possible Price and Times Adjustitient.5-__.,
....... 4.1&
Reports:oC Di [Teri av,' Subsurface, and
Physical Conditions....................................4.2.3
Div
Temporary construction faciiiiie.s .............................. 4.1
Aiiiiele or Paragraph
Number
Termination—
by MqR-Ac.roR -7 ---- ----- ...............
-!* ...
............... 15.5
hy QWNER ........................................
�9:8; 15,1-15.4
of ENGINHRs criployrnent ...............................
$.2
Suspension of Work-in general: ............................
I i
Terms and
Tests and' !174cctidias--
Access to the Work, by others� .......
......... 132
cciNTRACTOR's rcspjaqsibiitit
13.5
costof 13.4
covering Work prior to,,-,,,-,`,
......... r-P,643.7
Laws and Regulatibns (or): ...............................
13.5
Notice,ofDefects.., 4
13.1
OWNER May Step Work ..........
....... 13, 1 (1
0 WNE R's: i it *p enden t, test i ng ....
............. 3.4
specihl, required by ENGINEEK ........................
.9,6
.timelynotice required .......................................
13.4
Uncovering the Work. at ENGINEERs:
request,
Times -
Adjusting; .......................................
: .......... : ....... 6.6
Change or contract ........ ......
....... -;.;.i
Computation of,. ............. ':_I__.'_.;.'.M
.......... 17:2
Contract Times -,definition oj: ...........................
j. 12
day....... .......... ..........................
(7,1
Milcgtonc% ..........................................................12.
Requirements --
appeals... .............................
............. 16
clarifications;
claims and disputes....,-,
11.9.11. H.2. IT
Commencement of Contract Timq.,
.....
Preconstruction Conferencet-...,
.......................
schedules ...................... ..................
1,6. 2.9, 6,6
Starting,the Work..........................................2.4
Title. Warranty ol, ..............
...... ......14.3,
Uncovering Work:,,,_,.„......................
i ...........
Undergro6d Facilities, Physical ciil C onditions-
d.crinition of.., ...... ........
.................. :1.41
Not Shmn cr Indicated,,., .....
--------- A.12
protection of ... ....... I .....................
._4,3; 6:2t)
Shown or Indicated, .........................................4.11
Unit Price Work -
claims
.......
definition o( ..........................................
. ......... 1-42
general 11.9. 14.1. 14.3
Unit prices -
,general 11.3.1
1)&ermination for .... ........
...................... 9_10
Use of Premises .................... .......
6 16. 6.18, 6.30.1.4
Utility owners ... - ......... 0 ..............q.13,
6.20, 7.1-73; 13.2
Utilization, 5.15, 6.30.2.4. 14.11)
Value or the Work- ...................
.......... 11-3
Values. 5chedule of ... ...............
w'16; 2.8-2.9. 14.1
EJCUC GENERAL CONDITIONS 1910-3 0990 EDITIOM
wici-ryop FoR'r=.uN,S \(or)iRCATION';aZFV,')!99i
•
9
E
Variations in Work —Minor
Authorized-, ....... :. :6.25, 6.27,.9.5
ikrticle.or Paittgraph
Nuiril*r
Visits to Site —by EINGMTEER ..................
.............. _ �9. 2'
Waiver of Claims —on Final Payment,__.__,.-__.._
------ 14:1 i;
Waiver of Rights by insured par" fics
...................
6,11
Warranty and Guarantee. General -by
C01WRACTOR ............. .................................
0.30
Warranty of Title,
....... 14.3
Work —
Access to
byothers...............................................................
7
Changes in the ..... .. T7
Continuing .......................
_ ................ 6.29
CONTRACTOR May Stop Work
or, Term mate .................................
............. 15,5
Coordination of
7.4
Cost ofthe . ,;..; ...... :1 ... ..... ;.. . ...............
*definition oc.., ............................ .
...... .... !.43
neglected by CONTRACTOR, ........
....... 13.14,.
other Work..._.,... I ..........
...........
OWNER '�'IAV StOP Weil'
OWNER May Suspend Work ...................1I101
15.1
Related, Work at Site ........ .........
;:_.T 1 -7.3
Starting :..': ...... .!__';_::
--- !_'.4.4
Stopping by CONTRACTOR ,,__ ............
:::: --- :J_3.5
WN Stopping by OER .............•...................
15. 1-15.4
-Variation and deviation authorized,
min r .......... 3.6
Work Change Directive —
claims pursuant to ............ : ....... : ........
....... jo
definiban of ...........................
......... 1144
principal references to ......................
3. 5,3. 1 OA -1 Q-2
Written Amendrn ent--
definition tt,,
principal references to..:...........I__II),
........ : ........... tC.15:2, 6.8;2. 6.19. 10.1; 10.4!
................*11.2; 12.14
........
13:11:? 14:7.2
Written Clarifications and
Interpretations........ I ............ I........
3.6.3. 9.4. 9:11
_.....
Written Notica Rcquircd-
by COI,47RACTOR..................
M7.11 9.10-9. I'l,
hy OWNER .................. 9, 10-9,11,
10,4,. 1-1111 13.14
XV
E
L:JCDCGr.NM%LCONDI*nOIN!; 1910-8 i1990 ED1110N)
%vi ci Ty. 6: FORT com.mmmorji ri c,k Ti oos (Ariv T991
•
(Th'is page IcWh&iL intendonalfv), •
WCOC GLNERAL CONDITIONS1910.3,i 1990 EDMON1
wi CITY Of MEV 9iTJ1
•
0
J
0
GENERAL CONDITIONS
ARTICLE 1-DEI Ti MONS
Whierever.usid inthiese:Gerieral Conditions or in the other
Coritmet Documents the 'foltcwng. fermi: have the.
.meanings, indicated' which are' applicable,to both the
.singular amd;pluml thereoL'
•I.L. AMLiida-=Written or graphic instruments cared
'prior to•thc openirq of.. Bids which. clarify;; correct or
change the Bidding "Re
quiremerits din the Contract
Documen'Ls.
1.2.. .agreeinzit-'rhe written contract licnvecn 0WNER
and. CU\URACTOR covering ilic Work to be,performed;.
other Contract Dommicrim are attached to the Agreement
and made u part thereof as provided..therein.
1.3. Application for Payment -The farm accepted hy-
ENrGINETiR which is to Lie used by'CONTR ACTOR in
requesting prcigregc or final payments and 'which 'is to' he
accorinpanied by<sucli'supponing doeum.enmtion as is.
requircd by the Contr:n:tDecuments.
1.4� Asbestos--Anymtiteriabihatcontaims morethan one
pi rcentasbestos aril is friable or is rclei'sing,asbcstos'fibers
into the air above currint'action levels established by die
Uniied States Occipsitional. 'Safety and. Health.
Administration. .
1.5, Rid -The offer or, prglx)snl of the Bidder subm'irted
on the prescribedform setting forth the prices for the Work
to be performed.
1.6: BidtBn$v Docimren4v-The advertisement or
invitation to Bid utstructions.to bidders, ;thc Bid form; and
tht,proposed Ccimviet Datunints (itn:lodiitg all,Addenuia:
issued prior to receipt of Bids):
1.7, Bidding. Requirentgnts-Thcadvertisement or
invitiriomto Did:'instruaions'to bidders, and the Did forma
ii. .Boiidy=Perlbrmuncetanid Payaterd'bontds and other
irwumentsofsecurdy.. '
1.9. (7ianga, Order -A document recommended by,
LNGU GR_ which it: siLine&•hy :CONITRACTOR and
O.WNEK iirttfauth6r=S an aildilion deletion or rev isiiinin
the Wbrl-; or.an adjustment in. the Canard. Price or thv
Comnuct Tiines,'issucd an or u_Rer the Effective Dat_e,of,Uie
AftreemenL . .. .. .. .
1,10. Contract DocuBients-Tale Agrcemenl Addenda
(which pctain -to the •Contract. ,'Doammeni.31.
CON'I'RAC 17OR's Bid (including documchtution
ticcomparrcing, the Bid and any post' Did. dctiurnentation
subm itiril prior. to the Notice of Award) when attached. as
an exhibit.to the .Agreement, the, Notice tt .I'roccoi the
Bonds, these GenemL Condition's, the Supplementury
Conditions; the Specitications.and tire-..Dmwings.as' the
t cvc utm et�u .co vgrnu a t+nt s he)r: eintiwi
wtar ofr•ORrCOLt.t,sXtcuuaC,inoNstatv,vronoI
same au more specifically identified in the
together with A] Writien-AmenrimenLs, Ch.
Woik Change Directives, Field Orden and E
written interpretations and clarifications isauea
piimgmpfis3'J' 3.6.1 tmd 3.63. on. or aaer t
Date of 'the Agreement, :Shop:. Draiiuinc
upproved pursuant to pauagraphs•6.26and c
reports.and'_dinwutgs.referred to in'pamgrapl
4.2 2are not Conlmct Documents.
1.11, Conlinct Ptice-Thcr nioneva payable by
QWNER to COt` MR CfOR for completion of the Wort:
-in accordance with the Contract. Documents.ns sttuecl:in
.the Agreement, (subject. to the provisions. of
pmmgmpli'l 13-1 in the case of Unii Price Work).
132, Contruct Tunas=The numbers of days or the
diat4m stwi:d in the -Agreement: (i) to achieve Substantial
Completion and (ii),to, complete the lvoik so that it. is
ready far final piynnent.as evidenced by HNGINEER's
written recommendation of final payment •in'accordancc
with paragraph 14,13.
1.13: C6,VMCTOR-1.he person, Erin[ or cor}viation
.with .whon OWNER has entered into the Agrument.
1.14, &.fictive -An .adjective which ichen modifying
the word'Wortcrefers to Work that is unsatisl3ctury; faulty
of deficient in that it floes not. conform to the Contract
Dmumcnts, or does not meet the requirements.of any
impectionn; reference standard, test or approval refetred'to
in the Contmct Documonts„orhas.becn damaged pnor,to
ENGLNEEWs recommendation of final payment (unless,
responsibility, forrhe protection thacof has been a=mcd
by OWNER at Substantial Completion in acconandi with
paragraph 14.8 or 14:10).
1.15. Drmvings-The dmivintis.which show the, sdxW,
extent -and character 6f the Work to be;fumisheWmid
perforrncd by CONTRACTOR and which have •been
preph red,t* npproved by E DIEERand are refzrred,to
in the ComraM• Documems. Shop drawings are not
Drawmgsos so defined..
1.16, Effeerlpe .Date of ore :agreement -The• date
indi_c tetl.in the Aj#eerrientonwhich it becomes effective:
but it no such: late s i i lieated•ft Fie insthe laic'onwhiich
the Agreement is sij ted.and,deliveied�by the List ;of they
.two pulicsto sign iand dehyer.
l•.17: GVGINMR-TH .periont .Cum _w corpoiation
named as such in tfie Agrcamul:
1,13. E.UGINGFER's CcomItaiu--A persun.,'firm or
o6rpomti6n haIN ving a contract ENGINEER'to furnish
services. us ENGfNEER's independent puyG:ss oral
associatedr consultant with respect to the- Project and who
is identified as such in tho.SupplemcntaryConditions-
1:19, Field Onlir-A written onkr issued by
EiGNEER which orders niinier changes in the Work in
accordance with paragraph 9J but which does not involve
a change in the Contract Price orthe Contract -Times,
120. General Regiiirem'sire—'Sections .of Division I of
thespecifications"
I -21- Ka:unloeiv ft•asta—The tertri F[tirerilews.W.iste shsll
have _fhe meaning.i3rovided in Section 1004'of the' Solid
Waste •Disposal -Ace (42 USC'Section'. 69(13): es aniended
from time tgtime: -
I:22:a: Larvs,andRegulations; LuMz%. i, iegidaiiogs. CAny
and all. applicable- laws,• _rules„ r'egulstions. •ordinances;,
codes anil yrders of any and all govemmental boilers,
agencies,.authorities mud courts havingjurisdiction.-
I??b. L•e"2ol !1'a6iloxi;-shil4 be those holidays observed
liv'the.City of Fort Collins
1.23: , Liens—Liem charges, seciirily -interests or
encumbrances upon real property or py#sorest property.
1,34: 'A4ilu7one--A principal event .specified in the
Contract Documentsneluting to an intermediate completion
date or"time prioc'to Substantial Completion of nil the
Work.
1.25, Nance ofawanl 4.w_ritien notice by OWUFiR to
the apinrem -uccessl'ul bidder smting'that ti ixmcomplitmce
by the apparait.succcssful bidder with the conditions
prcczdeni enumerated therein, within the time slecified;
OkVNLR will sigh and dellver tN.Ag&ment.
L?6. ,Notice to Pratwe A whiten, notice given by
O,kV\T.*R to Cc)yTRACTOR (with a copy, to 6NtiINEER).
fiodngg the date on which'the. Ccurtmct Times will
cot.mcnec to run.arid on which CONrrRACTOR shift start
to perform: CONfRACT,OR'S• obligation under the
Contract Documents.
1.27, O(F;VER—The public body or authority,
corporation, associalicrr>, firm or person• with rvhwn
CONTRACTOR has zwend into the Agreement and for
whom the Work is to be prodded.
123, Fanlal Utili:allon-Use. by OWNER of a
substantially completed part of the Work .for the purpose
for which it is intended (or a related purpose) prior .to
Substantial Completion of all the Work
129, PG&-Polychlorirtated biphenyls.
130. Petroleum --Petroleum: ineluding,,crude oilnxmny
Gactjon thereof which is liquid at :standard eonditions of
temperature •und pressure (60 degrees Fahrenheit and
14,7 pounds per srluanv inch absolute),, such as oil,
petroleum: -fuel oil, oil slodge, oilrefuse:gasolime: kerosene
turd oil mined with.. other rian-Ltazardeus.Wastes and crude
oils.
1.31. Project -The total construction OFwhich'the Work'
to he piovidcd wider the Cgntraet Mcuments inay be the
whole. or a part as inilicat.0 elsewhere in the Contract
Documents.
132:a. 'Radoaciive.d-fulerial—Squrce: spacial, nuclear. or
tiyprgduct material as defined by the 'Atom ic Fnergy 'Act of
FJCDCOENER.u.' CONDMO�S tl1us.(1bva Ediliti �:
wrcr[YOrr FORT COLLIW%ioGn•7CAr1ONS (REV, naua)
1954 (42 USC'Section 2011 ev seq:).as'amended' from,
time to, time.
132:b_ Re ldar Nordin Hours-Regulsr working hours
ace defined as,'7700am. to, 6:00pm unless - otherwise
specified in die General "Reauiremente. " -
1.33. ResidentTrtijder Reptuwnta&,i-Tht-authorized
representative of ENGDMER who may be ass" i1fto the'
site or any part thereof
1:34. Samples -Physical essmples of materials,
equipment; or workmanship that are repr'M- matwe of
sand portion of the Work and which establish, the
smndards by which 'sucK portion of the Work will be
judgccL
1,35. Shop Llraivin'gs-All drawings diegrarmi.
illustrations; schedules and other data or inloimation
which are specifically prepared or.assemblcd by"or�for
CON17 ACTOR and sutnnitted, by CONTRACTOR to
illtistnte some portion of the Work.
136. Spec (canons —Those pnrtioris or ttie Contract
INncunicks consisting ofnritten technical dcuriptions of
-
materials, equipment, construction systems; standards'and
workmanship as. applied to. the Work andce6in
ttdmmistritive d,:utiis aliplitnblti thacto:
1:37. .Subcontructpr---Arc individual, firm or corporation
having a direct contract with CONTRACTOR or with am•
cther'Subcontnctnr for the performance of -a part -of the
Work at the site.
1,38, .Sulistandid..Gomplerion--Thc Work- (or a
specified'port thereof) -has progressed to the point where-
in the opinion, of F.NGINEF.R as evidenced by
ENGINEER'S definitive certificate - of ' Substantial
Completion. it'is sufficiently complete, in acconbrice•With
the Contraer Doarmcntv,- sorthat. the Work (or specified
pair) cutbe utilized For, t}iz:!pitrposes ,for which it is
intended; or if no such certificate is issued, when the
Work" is complete. and ready for .fnal,pymmt is
evidenced by 13NISf\rFER's written rzwmmendahom,of
final payment in accordance with paragraph 14,13E The
lerm3 "substantially erimplete" and "substimdally
completed" as apptied'to all or part of ft ANrork"refer to'.
SubsuntiaLCom pletion.thereof
1:39, "Supplementary Cardinons-The, part' of.•the
ContrtctDocunients which amends or supplemergs these'
General Cendrhuns:
1,41). Supplier —A manufacturer, fabricator,, supplier,
distributor- materialminor vendor having a direct contract
with'•CONTRACFOR or with tiny. Subicnlractor to.
1-u`rrush.materiuts'or equipment to W incorporated in the
Work by CO,NTIZACTORor"any'Subwnuactor"
L41. Cinrlstgrptmd Iacilitex-All pipelines. conduits.
ducts
„cubic.;, lvires manholes.. vaults, tanks. tunnels or
other such• faeiliti� or. attachment and any encasements
ixinuuning such .facilities. which Have been installed
underground _to.fir ash any of the tollowtin services cr
•
0
t�J
materials: ektricity- gases, statni-.liquid petrkileum
produpz . telephune•-or 'other communication%, cable
television..scwvge and dminagc rcnmJvaL-. traffic'or other
ooiarol systems or water.
1,42, t hi t Puce Work—Wmk to be lipid for on the:basis
of unit prices.
1:43: Nark -=The entire -completed constructibn or the
vurious separately identifiable parts thereof required to be
furnished under the'Conutict Documents. Work'• ncludes
and 'is -the result 'of performing or-fumishing labor .and
furnishing and incorporating materials and etpripment into
the construction. andperforming or t'umishing scrvices and
furnishing documents all:as. required by the':Ccirtract
L++ ;1,161* Change DimcBce—A. written directive to
CONTRA(ifOK i surd on or aller the Effective pate of
the Agreement and signed by OWNER.and recoinmended
by ENGINEER drdtairrg an iulditi: deletion or revision
in, the Work, or regioncling..to didering or unforeseen
physical conditions under" .which. the ,Work .%..m be
performed as provided in paragraph 4-2 or 4.3 or to
emergencies under paragraph 6.2� A Work Change
Directive will not change the Contract Rrice'or the Contract
Times, but :is .evidence that the `parties, cxliect. that the
change �dircctad or- dbetunemed by a. Work. Change
Directive will. be incorporated in asultstquently'issued
(thane Order following. negotiations by the partiesasto its
affect,.if any, on the. Contract price or Contract Times as
proyided.inparagiaph 1Q.2
1.45. IPPIrlen Anzemhtt tit -A written amendment of the
• Contract lhaiaments, signed by, OWNFR and
CONTRACTOR on or after alit Effective ;Date of the
Agreement and'nmmally dealing with the -nonengmccring
or nontechnical rather than strictly'. aonstruction-relitted
aspects of the Contract. Documents,
ARTICLE 2-PRE LLNILNARY MATTERS
Delivery OfBiirirLvF•
_ L When CONTRACTOR'. delivers. the executed
Ajqcements to .OWNER COh?TRt\CTOR- 'shall also
deliver to OWNER such Borids as CONTRACTOR may -
,be requireddo furnish in;accordaike withparagraph 5>1,
Copies h%Dticunliml .
21 OWNER shtdl'fumis}i to,CONTRACTOR up to ten
copies (unless otherwise specified m the•;Supplementary
Condilums)' of the. Contract Ducumtnts as are r6sobably
necessary for-thccwxution of the Work: Additional copies
will be furnishmL.tipoh request: at the•wst ofreproductiuri.
CanmencemenrufConnricrTima; Nnticetoproceed
33- The Contract Times will commence to run on the
thirtieth daynder the EtTective DatEcif the :arTeement, or,
etcoeuE, ERALeoi umot131910-30990Edliaij,
Q wl'ry oFFORT COLL1,MMODHICATION'S(RhV IPMO)
9
if a Notice to Proeeed•is given- 6n the day indicated_ in the
Notice -to Proceed. .A'Notice ,to Pmcceti maybe given et
any time within.thirty days after theEffective Date of the
AgmemenL—.r - ^Ittkw-l•''eFum,i Tinics
�eltttaencet�wt-late�...��n��� }
oF-Btd-eptnirig-or-thtthirtiedrdeveQer: the-Et£rctivrf�att
'ofthe•Agrmnirtk-wfdcheveo-dxte-is;ear}tar.
Starting the 1Y"ork:
2.4 CONTRACTOR'shall start to perform the Work
on the date when the Contract T'imesrcommence to -rum -
but no Work shall be clone it the siteprior to -the date on,
which the Contract Times commence to run
;(lefnre,Startirig F.'enirmaien:
25: Before undertaking each ,part of the Work:
CUNrbuCcrOR sl dIC carefully study and• compare the
Contract Documents :and check' :and 'vcri y pertinent
figures -shown tliereon and all applicable field
measurements CCaNrrRAE'I'OR shall.promptly.report in
iviiting. to. FNUINFF.R any conflict, arff, ambiguity or
disc'epancy' which CONTRAC:TUR, may discover.nrid
shall obtain a aaittcn intcrpretation•or,clarification from-
F.NG}NF.ER. beforc'procceding with any Work affected
thereby: however. CON'f_-RACI'OR shall -riot be'liable.to
OWNERor F,NGINEFR for failure to report,, any cdrillict,
error. ambigi Ry, or d'acrepancy in the Contract'
DoetanertM unless CONTRACTOR knew or reasonably
should have knit n. thereof.
•2:6. Within ten days after the. Effective' Date of the
ALTcement (unless othmvisc specified in thc' General
Requirements), CONTRACTOR. all ,OR. shall su(mtit, m.
ENGDTEER for review:
2.6.1. a preliminary progress schedule. indicating
the times (numbers ofdays•ordates) forstartvtg'and
completing thevariousstages of die Work; including
arty Milestones specified in the Contract Docuinznts;;
16:2. a preliminary schedule of Shop Diawing and
Sample` submittals which will' list each -required
submittal and -die time.% for submitting. reviewing anfl
'prtnetssingsuchsubmittJl; -
;3 .2. L. In no vise- wi11 a schedule bz
allows.-
accep,able whichless than 311calendar
days For each review by Ene veer.
2•6.1 A preliminary schedule of'valuesdorall of
the Work which will include quantities and 'pricrs'bf.
items aggiepting the Contract Price .and '.Al
subdivide the Work into component piirtiinsulfciiait'
detail to serve as the basis for prv, m-payments'
during cons"clion Such prices will include, an
appropriate amount of overhead and profit _applicable:
to mch item of Work.
2:7.� Befure :any Work at the site' is started,
CONrfR\CI'OR andshall each deliver to the
atheF OWNER midi copies; to each—addiiionel i tstued
idzrttiGed-inh� Sttpplamzntntl-r'andit-torts ENGNEER.
certificetas, of instimnce (and other evidence of insurrurce,
vhish-aithzr—e�;m.'. ��a:�-..da'.,m.-;to-•.t ;.:.T
waseaebly--ruslaesE requested by OWNER).. i'vhich
CONTRACTOR is refry red
to. purchase soil .maintain in �aaordance with
parttgmphs 5.4>5:¢.@nd=5 7,
Precwrstruetion Conference.,
With n twenty; days otter the Contract Timess art to
tiro, but before anv Work at the'site is started. a conference
attended by c6,%ftk�CTOR EI GIAER aril oihers as
nppmpnnte, will be held td. establish a working
understanding among the parties as to the Work, and to
discuss the schedules referred .to 'im pamgmph 2.6,
procedures for handling Shop Drawings and otlxr
submittals processing Applications, Ear 'Payment and
maintaining rcquiircd'rccords,
lnidi llv:lceeptableSchedules.
29.. Unlins otherwise pravided in the Contract.
Documents, et,least-tzr ayfkehirr-se4ximissian-aftlta�
App4 saE♦ I fee=Payment before anv work at rhi, site begins,
a. conrerenoc attended hy'CON.TRACTM'-ENGINPER
.and -others as-apprepriate designated by OWNFR.-will be"
herd to rei-ihv for acceptability to ENGINFER as provided
below the :schedules. submitted in accordance with
pragnph26 and DiVision lyGerienl Requirvmera_s;
CONT.RA(.fOR shall have an additional ten days N make
corrections and adjustments and to complete and resubtnit
the schedules No progress paymcnt shall Ix madc.to
CONTRACTOR until the schedules are submitted to and
acccpLnbic .to EIOINFER. as provided, hc1mv. The
progress schedule will he acceptable to FNGTN1 TFER as
providing an orderly ,prVession, of the Work. to
completion within any specified Milestones amd the
Contr,utTimcg but such acceptance will neither impose on
2,1G eINEER responsibility 'lot the Sequencing, scheduling
or progress of the Work riot interfere with or relieve
CONTIL\CTOR Tian CONTRAOT•OR's fA
responsibility therefor. CONTRACTOR's schedule of
Shop Drawing atid Sample submissions.willbeacceptable,
to F\GT? EF.R a_ocs providing a workable arrangement -for
reviewing nix:. pressing the required -sibnnihals
CONTRi\CT.UR's schedule pr.values will be.aoteptatile to
ISIGl3gEERaria, 6rTu and'.sibstadce.
,1R'I7CLE'3-COrv'Tk.iL r UOCIAMNTS: LTfEN-r
,4Y(EPiD LYG, R): USC
Intent:,
31.1. The Contract Documents comprise the entire
ageement b'euveen OWNMZ -and CONTRACTOR
concerning the Work. The. Contract Documents are:
complementary; what is ixllal for bybne is" binding as if
called for by all. The Contra&'Dodimems- Al' be
construed in accordance with the law of theplacethe
Project.
3,2. It is the intent yf the Contract Documents :ro
EXDC UENERTf, CONuQroh'S U tAS t1910 Ettitiml,
w/ CTIY OF FORT C'OLL1 \S MOD1F IC.ATIONS (REV 4 id001)
describe a functionally complete Project (or part thereof)
to be constructed, in accordance' with the Contract
Ekxuments. Any Work..materials or equipment that may
reasonably be inferred Crom -the Contract Documents or
from prevuiliris custom or trade usage as being required to
produce the Vmtended' result twill be furnished. and
perfdrmed whether or not _specifically called lbr. Witch
words or,phmseswhich 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 ui accordzniie with that •
mcaru g.Clpnfiautions.and'imerpretatiorisoCiheCtintiact
Ddcunients shall•be issuedby'ENGINFEK as prdvided in
paaragmph 9.a:,
3.3,; Referenee.• to Ntandards and Specificaeniis. of
"Technical SrrciMies; Repartigg .and Resolving.
Discrepancies.•
3.3:1: Reference to stand:rvd> specifications;
manuals or.codes of any technical society, orgtmraation
or association, or to the't.aws or Regulanons,of'nny
Saverinmenual authority, whether such reference be
spxifir. or by impliceuog shall' mean the latest
iemdard, Spceificiatioa. manual; axle or .Laws or
Regulaiihm in'eflectaethetiine of opening ofBids (or.
on the Effective Date of the Ageced ent iF there. were
no Rids), cxccpt as may h: otherwise: specifically
staied in the Contract Documents
3.3:2. .IC during the performance- of the Work;
CoNTRACTOR disco�crs any conflict, error,
ambiguity or discrepancy within the Contract
Documents or•bcrwcan the; Commct Dixurnents and
any provision of any such Law or -Regulation
applicable-to-the,rerformance of'theWork or of any
such standard, spzctfication, manual or code or _of any
vtsiruction of any Supplier referred to in p:iragraph6.5;
CONTRACTOR shall reportit to ENGMN=. in
writing at once;, and, CONTRACTOR shall not
procied with the \Norte affected thereby (eecept in an
emergency as authorized by paraghiph6.23) "until an
amendment or supplement.to the Contract Documents
Fos been issued by one of the methods',irdicated in
paragraph3:5 or '3.6' .provided, however; that
CONTRACTOR shall, not be diable to OWNER or
L' !GINEER for Giilurc- to, rrport' any such conflict;
error, tunbiguity or discrepancy unless
COi`TTRACTOR knew or reasonably sliu_uli..have:
knownthereof.
3.3:3. Except asotherwise-specifically stated in the
Contract Documents or as may be - provided by
amendment or supplement thereto issued by one of the
methods indicated. in' p:ini aph 3J. or 3.6, - the
provisions of'the Contract Documents shall",.take
prctiedence in rezoNine imy cpnllidr error, ambiguity
or discrepancy between the provisionsof the -Contract
bucuments and:
33.3.1. the pravisitms of any such standard.
specification, manual, code orirt tnictmn (whct -r,
or not specifically ricorporated by reference in the
Contritet Documents); or
•
Ci
C
SECTION 00500
AGREEMENTFORMS
00520 Agreement
00530 Notice to Proceed
0
.3!3.3,12 ,the provisions
si)nsof any such' Lakis or
Reg L,pli.,I,,o the performance of'the
Work (tirdess- such an- imiterpretation of -the
provisions -of the Contract Dicurnients Would'snailt.
in violaitior.i of _uRh Law or Regulatiori).'
,%.,a provision of any.such standard, spixiflcation, manual,,
code or instruction shall be. effective to change.thc duties
arid. rayionsihilities. of 0kvN,*,P,, CbNuAcrm or
+NG11NEM or any of their subcontractors, consultants,
agents or employee; From those iw forth in the Contract
rkxumcntx. nor shall iube effective to assign toOWNFMR_
RNGTNEER or any 6t*F\KGTNFrR'9 Cciiisulthhts, agents or
tmplpy I ces, any du`Ly:or authority to supervisc a r direct the
Turnishing, or perforunince of the Work or any duty or
au thMity- to undertake respowibiliiy inconsistent with'' -the
provisious•of paragraph 9.13 or any other provision or the
Contract Doctimerus-
14, Whenever in the Contract Document.% the terms "as
on: - feicd% �n diracL,;dq, "as -required", "as aticavedo "as
approved or remits of like eMct or, import are uscd'ci`r the
.adjectives "reasonable" "suirable!', "acceptable' ".proper
ue "satisfactory" or w4ac-tiven of like efrect' or import are
used ic, describe a requirment, direction., review or
such.requiremenit.-direction, review orJudgment
the
the
,is 'a spe . cific - statement,, mclicatit otherwise): The use of
any such Term or adicatinshall notbiieffcctive to assignitq
B14GDZER any duty or authority to supervise or direct the
Ernishing or performance of the Work or any duty or
authority to undertake responsibility contrary- to tfie
pums
provisions of pithri&aph 913 or any other Provision of the
Contract Ducument:-,
3,5., The Contract Documentsmay be. amended- to
provide lbr,additidre5, delctions'and revisions
isions in thcNVorW
or to Mod`,`, terms and c'enditions therool, in one,cir
mure,of Iliar,;lIL1vM-. ways.
15.21 a Charige Order (pursuant w pwu6raph'101.4):,
.or
19104 (199(?E&imJ
%V1 dry OF FOR�r.(-OLLi.NS.%tWllqCVTIC)N,9 (REV -IF2000)
9
Directive, (&rSL6 t to
P8Mgqhq0J),
3A In additiort, the requiicmdnts. ' of & CohEract
:Docurncntsmay be supplemented, and minor. variations
ariddevistiom in ilia m � oraplbi authdi6.�i!d, in: ci!�L_6r
more of LhcfjIio'Wogways:
3.6.1. A Field Or&r (por:iiLian.t to para ph Y.5);
3.6,2. LWGM-E-R'i approval'of a Shoo DrakvinL or
Sam PIC (pu rs�iiu, Piiragiphs 6.2i6_ and 6.27)'. u'r_ '
3;6.3: 2si'GNEER's wiJucriinterpretation or
clitrifiption (pPrs-unnt to Paragraph 9-4)'
Reuse of Documentv:
3:7. . CONrrRACr0R_ and any Subcontractor or
supplicr'or other - persor. or•�rgwiizaticm perfbnniin4 or
,luirnfishing, any of the Wcirk undeir ui.direcit or indirect
7
contract with OWNER (i) shall not have or acquire any
title to or ownership rights' .'in any of -the Drawings,
Specifications. 6r other d66uments (or copies of any
thcrcof)Iprcrorcd by or b5ming the'scal of FNGlANIhFK or
�ENG C6qviiltnnt,*an&(ii) shall not reii�any-Qf
such Drawings. Spicciricaltons, other documcots or copies
on cmensions of the ,projcCL Or any other project Without
writtem consent of OWNER and ENGWUR and ip&illc
.written verifimtion or -adaptation by:ELNUINEFR:
ARTICLE 4-AVAILABILITY' OF-LAUNDS;
SUBSURFACE.. VD 'PHVSICAL' CONDI:rtONS;
REFFREANCK PPINNS,
4.1- OtW1 ER shop furftish. m indicated in the Condw
Dbcuimmts, the lands,upon which the WorCig' to, be
use
OWNEF-stall idc"$- any wcumbrunres or r cstrictions
not afgencoil application but spxcifically.related to �' of
lands so fijrnishtd with iv" CONTRACTOR will have
to comply in performing the Work. Easerrents For
permanent structures ucturrs or permanent chari"s 'in existing
taeslities will tic oblaimd mv.1 paid tar by OWT�TP, unless
otherwise Provided- .'in the Contract' Documents. if
c6tvrRAC`rOR anti OWNER' we unable to igirce on
entitlement to or the amoum. or extent of any adjustmenei
in the Contract Price or the-Contrict Times as a result of
any delay in OWNEMi furnishing then.landk rights -or -
way or Casements. CONTFLACTOR may make a claim
therefor is Provided in Ar6cles 11, and 11
CON'I'RAC.COR-shall•provi& for.all,additibnal lands anJ
access -thereto that' may he required, for .iempemary.,
construction .facilities' .on steinye of' -materials and
equipment -
'Sosuopcg and('lrydcat Cariifitionc:
4.2.1.. Report3 road Dr awing§: Reference is made id,
the.SupplcmentaryConditions for identification or,.
4?.P.l_ Subfoee Contb'6ons:. Those reports of
explorations srgand tests of substldace.c`onditior s at ai-
condgiuous.to the site that have been,utiliied.by.'
ENGNMER:'in preparing the'Contrad Documents;
and
4.2.1,2_: 'Physical C'atutilions: Those drawirep of
Ph}sicaf eariditicns in or'rclating to existing surface,
orsubsurface structures at or contiguoua to the.site
(except Underground Facilities) that have— been
titiliml by' ENGINEER in preparing the Curiuct
Cocuments.
4,2.2: Limited.Reddmtce by CU�V'lX:1Q'ITjK-_4eulxiri_e�i,.:
frrlrtacal'. (Jams -.CONTRACTOR -may" rely. upon the
genernVaecuiacy of di; "tcchnical.dala" conmin d insuch
reports and dmjvic gs but such reports and -drawings ate not
Contract Documents. Stich "technical dam" is identified in
"thd:SUpplemenlary Conditions. Except f6riucia reliance on
such "technical data"; COlNTR4C'TOR may not rely upon
or make any daim agaimt OWNER. ENGINEER or any or
ENOINIiF.R's Consultants with respect to:
.4,2:23_ ,the completcness ot•such'reports and
drawings for CONTRACiOWs purposes,.
includarag, but not limited to any aspects of the
means, methods, techmyucs rscquerics and
procedures_ of construction_ to be employed by
COi1TRI1 T,,OR and safe prhauti, :end
programs incident thercto,.or
4.2:2.2. other .data; 'interpretations, opinions
and information contained in such reports or shown
.ix "indicated insuch drawings, or
4233_ .any CONTRACTOR interpretation of -
;or conclusion drawn tram any '"te knical data" or
my such data, interpretaLuvrs, opinions" or
omtalion.
4.23: Noace of Dieruig Subsurface or Plrypeal
Curic(ilions:, if CON I ACTOR believes that, any
suEaaufice,or physical condition at or cdntiguoos'.la the8stte
that is uncovered orreyeaked citha:
42:3A. is'of such,a nature as to establish that
any"technical daata"'un'wtuchiMNITRACTOR:is.
emitled'to.rely as provided in paragraphs .a:'_:J�arid
'4'.=' is materially inaccviate. or
4.2.3.1. is of such a nature, is to require a.
clnngc,in: the Contmci.Docunicnts. or
42'_33, differs materially from thnt shown or
•61('DCOBNMIJ coNtx'nory lglosttrw C6(iM l:
tie CITY ou FORT COLD NS MODDICA11UN5 (RL-•V 4ldrnirl'
indicritoj'al the Cbinract Documents; or
4.2.3.4. is of.an. unusual nature; and difftirs
materially From; conditions ordinatrily encountered
"rid generally recognized gas inherent hi wgric of
the' character .provided for in the' Contract
Docurnents-'Then.
CONTRACTOR . shall:. psemptly imme iateli after
becoming aware thereof and before further disturbing
conditions kaffeged .thereby; or pzrforiping.ant, Work in
connection therewith (except "in an emergency as.
Permitted by pamgmpK6:23) notify OWNER and
ENGNEER in wnttng, about .such condition.
CONTfur RACTOR shall nix therilicturb such conditions
or perform any Work, in connection therewith (ercepC'as.
atcresaid) until receipt of'written order tp do so.
4:2.4. ENGINEER'S Renew.- E.'GL"rLER tiedu
pica» ptly review .thc pertihent'ionditions, determine the
'necessity of OWNER's'obtaining additional exploration or
tests_with resreci thereto and advise OWNT R..in writing
(with a copy to CONTRACTOR) of EtNG[N".Rs
findings and conclusions.
4.13. Pacyible Contract Docrurrentr- Change: .ir
ENGINEER concludes that a change in thi Contract
Documents, is required as a result of a conditionthat.nteets
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 ltl to rellect and document the
.conscquencrsaesuch change.
4.26, Pa.mbdp P» ce mud .7inles .4.4yrtments: An
equitable adjustment in the Contract Price or in, the
Cantmxt,Times, or both. will be allowed to the extent that
,the exisu ri e of such uncov�rcd of ravealcd condition
causes an increase. or decrease in CONTRACCOR's cost
or -or dme mquired for pertunnance of the;Work; subject,
however; to the following:
93.6.1. such condition must meet any one or
more. of the _ categories. described tit
p aregmphs 4' 2.3;1 through" 42 3A,' nclu iyc;
43.E+2: a. changt i¢ the Contract Documents
pursuant to •paragraph: 4.15 wily.. not be .tut
.automatic .authorization aC nor a: condition'
precedent to cntidernent toanysuch adjustmen%
4.16.3, with respeLL in lyork that is paid for
in a. Ural Price Basis, any adjustmcrd in(�ontract'
Price will be subject to 'the. pFovikitins of
pataynaphs 9.10 and,)1-.9: and
4.2.6.4. CONTRACTOR'shull not bc,eraided
to any.adjustment -in the Contract Price or-Tial'tz
ir;
4.2.6.4.L CONTRACTOR knew of
the existence of such conditions at the
line CONTRACTOR made a lino)
commitment to OWNER in-respett of
:Contracr Price and Contract Times by the
•
0
:submi sion of a bid' or becofiiivg+,bound gi
untter•a ne�dtiatedcunU.vct,, or Ei
U,,
4.16.3:'? the .existence. of such an
condition could reasonably Have b;e n Di
discovered -or revealcd'ass result of,ii of
test or
to :CUNI'KAC
commitment; or
notice to that owner and to OtVNERand.
ENGZ\iIGERwill promptlyteview the
I..Facility'and dctcrmine'the'eiteht, if
:h a: chance is reiiuired in the Contract,
site and ;oatiyuousPoauments is requirett, a Work`Change Directive:or a
by." theBidding. Change Order waIbeissued as, provrdedinAriicle'10
itact Documents to be, to reflect land' such�consequenccs._Daring
MNL TRACTOR prior such time, CONTRACTOR khrill be resNnsible for
akirg-such fnaP. 6, sarety anti protection of such Urylergound
Facility asprovided in pam4ranh 6.21i.
42.'6'4.3: CON'fR:aCl'Ok 'failed 'to,
,gkc the written notice within the iimeand
.
ids required by Iztragrupfi 4.2.3..
lr'OkyWAR and CONTRACTOR are unable, to agree ;on
cntiticment to it as to the "amount or; Icnpth of any such
equitable adjustment in .the' Contract Price or: Contract.
'runes, 'a claim •.rnay be made therefore ai• prdvided'in
Articles il"and"T?: .FNIMNERRand
ENGINI ER's" Cortsultants. "shallnot be liabla� to
CONTRACTOR -roi any, claims, awls toises: or, damages,
sustained by CON7RACTOR�on orIn aonnecuon with any•
ofhcrproicct or anticihatcd'pecjca
4.3.• Phtniml_Coprkdon.t-L%ntlergrouhriFnci(itiex
a.3;1,. Sfinanorhtdicdted:''fhainfarmatibn'anddata:
.lhmvn,or:indicafed in:tlii-,C'ontrnct' boeuments with.
rspcct to :.:casting Underground' :FitciGti:s- at or
conngucus to tl es tc is based an amormation and data.
. f mished to OWNFR or FNofNFFR by the owners or.
such Undergrouricl Facilities or by others. Unless n is
athr. vise -expressly provrded•.n the,SuliplemenLary.
Lt nditions
43_I.1 OVYWER•and ENGINEM shall nt be,
responsible for the accuracy or,5.ompleteness ot`any
such information or data; and
43.1:2, Tlia cost of all of ihe•following will be
"stiall have full re* -risibility fort (i)'reviewingand.
checking all such uilbrmationand data: (u)_locating
all Underground Facilities shown,or indicated ui.thc.
-Contact Dmuments;(iii) cdurdinatioh U the work',
with t9e owners of such Underground Facilities -
during coitistructibn: and (iv).the safety and
protoitiore of ail' such Underground Facilities' as
provided' in paragraph o ^_0 and • repairing •, any
damage thereto resulting from th'c work•
4.3?. Not5houn'or'huficaled.• If` inUndergrudo
Facility is: unite vered or -evialed at or contiguous do
the site which was not shown or ,indicated in the
Contract Dccumc nts, CO3N,`rRaC fOR shall,promptly
immediatelyalter becoming aware ihmo_f.and before
further disturbing, conditions �af&ted. thereby or-
{zrfarming any,Wrmk in connection therein irh (except
in, an emergency as reyuQed by paragraph 6.231,,
idLnti& thi owner or such Underground Facility:and-
tncrocoE'vtxru: coNurncj�n i I t>,s tt r�ii ec.5ricri!
rvtp're oeroa�r tnt.ctt: :Vtpqu:tcmats ttenv,rr_oaut
9
ma y be allowed an increase in
.an emension 6f- the 'Contract.
to the
not;snown or matcateu in tne.contract uocuments
and: thatCONTRACTOR dirt nor know of and could
not reasonably have been&r_ectc3 to'hc mvzrc of or
unable to agree onentitlement to or the amount or
,th of"any such adjustment in Ctinuact'hrice or
tract Timer, CONTR.A(:;.TDP,may�make a clain
cfor as provided:in Articles I I- arid 12.-Howeccr,
WM, E.N' Ni WR and.. 'ENGTNF.F.R!s
sultarits shill not be liable to CONTRACTOR roe
claims, costs _ Insses.,or damages incurred or
ained by CONTRACTOR can of in _connection
vanyother projector anticipated project
Referenee Poh.ds.-
4.4. OWNER shill provide cnginvroring _surveys to
estahfi reference points: For construction 'which in
R4C;EVECR'.s judgment Fare necessary m enable
Comm-RAMOR. to proceed with the work,
CONTRr\CTOR shall' be responsible. Coe laying,ou[" die.
Wvrk:.5halt protect and preserve the: established referrencn
ppints.and shall make no charges or relocations without
the prior writteit'approval of OWNr-R CONTRACTOR'
shall report to CI IGiNNT:ER'whenever any r6erence'point
is lost or.' destroyed' of requires relocation because .of
nccrssary:'clmnges in grades or locations, and shalli'he'
reversible for the accurate.replacement or-relocation,of'
such reference points' [:'v ,proftssiumilly qualiijed,
personriel: - "
4:5: CvbeiYor, PCBs, POrol rum lla,-, daux Ndsie or
Rnrlivaetiv Hateriak "
4.54. Otil'NER shaU be responsible for any
.asbustco, P<"'L�:s,.:Petrcla,m;. _Hazirdous.'Wastc. or
R.adioatctive..tvfuterial uncovered or revealed at thesite
"which,rpas not sh6wn or;-indicatediri,Draw•in.,s,,or
Specifications or identified.. -in the, Contract
Docurnenls; to be within the scoie oC ttre'Work, and
.which may present a•substantial danger to persons or.
pm� rty eicpus<;d Iherotaui connection withdtelVork
al the site: OWNER shall nol :bc responsible for any'
such materials brouaW to. the 'site by
MNTR}CTOh S66x intrackirs Suppliers' .or
anyone.._, else for whom CONTRACTOR is.
ra^ponsrhle- '
ARTICLE
PerfoMianci.Paymient and Other, Bands:
1. CON . rMACTORLshall, rraridfudsh, Performance ul
Pay'merit BQj%K each' in in awount.at,least e(paL to the
Contract ' Priceas security for the faithful Wortnance and
pa of o6ligaticits order the.
Conimet
Doi:uniciili. These btmds shall rer6airt4n. eVfect
at 1;ast until xie year Rier the final
b&omrs due, exceptr as prinicled oLhenvi.se; W La*sor
Rqgulations or by the -Contract- 15ocuments.
C C WRAMM R haalso tumish iLA'ctherMondsan
are refit; cd by the Supplcnicnta�,);,Conditidpi. ,All B Aonds
shall b in the form pres6ibed by ,tKc'Ciamrdci Dccumcnts;
cKcL t as proviilcd o thenvisi by Laws or Regulati6mi and
shall be executed by such sure i&ui are named in the,:
current list of "Companies Holding Ccvcifitcats-, of
""Woral B� m&and as,
Authority as Acccptable Sureties 6nF,
Acceptobic Reinsir q, Cqmpanics" as, puNtshed in'
Cirwlar 576 (a= by thc,AUdiL *Sldff, Bureau of
Ogvernment I Opqti6orn,
U;tiaTrensury
rtment All 6oncLs by an agent
Department must . he
acconit *.iqd•by'a cal.illed copy.or such agenes authority
tonct
5:2. -If, the surct)% •on. any Bond flarnished by
COtfl , :RAC1`10i2, •is declared a. bankrupt �or becomes
Lnsolvcn( or it" , right to do busire-ss is terminated -in any
statv,Whcmatiy loi:atcd,o'r'1t.cMwst0
CONTRACTQR
shiill %vi n 'tcnp c r substitiite anothei Bond
and .,,r,ty,..6mh be ,cptablc in OWNER: •
5.j. r.icemdd .Vareliev and invured.(.-Miftohiv Of
_11. All 86njs;and 6mrance. required by' the
.CSPtrnct*_Dk,�umTt,, to be, itcliCised arid m4damcd
by (DIVNIM oi C(7)%NTlUeCT0IZ'."sMI be. obtained
fidni surety 'or murrince comprtias ftt ire duly
ticenseU ornuthbiized in the jLirtsdiction in which the
PrF6jecfislwated to issue Bon'ds or irtairance policies
for. the: fintits qn- d cov'enages so, required. Silchsfirdtv
and' .irtsurAltee M11patues 'shall. 1156�mect wdh
additional ieqtiuememand clualificauans m may b e -
4.j,z Th- of paFRO. Q llh�_I-'Fd
6w
EjCDCQ8t4EYLXL CONMIIONS I I W-3 WON e6tkm).
w, CITY 06_ rORT. 06L I 1z A iobtq'cxriQNS IAI-N, I i200011'
•
9
COAT24CTOR'.v.Liabiiry fnsurance.
5A. CONTRACTOR shall.purLhase and maintain such
liability and other insurance as u appr9peike- fur,thc'Work.
Tieing performed and ttimished And as. will provide
protection from eta .uns_set forth below,which may arise out
of -or result. from CONTRACCCOR's, perfoirnance and
furnishing of the Work and CONITRACTOR's, either
-obhgations under the c6ri"ct Mcununta whether it is iu
.be performed or furnished bCONTRACTOR. Any_
Sub: U' R' ctcr" or' Supplier: or-" by anyone directly ur.
indirectlyy employed tn• iny,of them ,to perform or furnish
any of iltr Work. or.by anyone for whose acls'any of'Ihem
may be -liable:
5.4:1. claims under workers',cnmlxnsation disability
benefits and other suailar employee benefit acts;
5:4:?! .claims for damages because pt hcdil}}"injury:
occupational sickness or :disease., on 'death of.
CONE RACE (lR's employees;
5:4.3; claims for damages•beecause of hodily injury,
sickncss.or dis::ave;.ordcath ofany, person athccthan,
COhrTRACTOR's tniployccs
-5 4:-l.•-eleans-for-Jinnages-insured-by-catstonnnr}'
rgi ey babthfeethwd raaat
indiractly-relat tin-thaampfoymarit-of uieh-ptrsrin-by
E'9�tT1t71ET9[er-�iijtiy-any-.ether-pfdsoFrEtic-arty
obherz easam
'5.4.5 ,claims for damagea. other than ro the Wark
itselL laecause of uyurv,tcior destruction of tangN6
property %'6crever. ioxnted including loss of -,use
resulting therefrom,- and
5.4.6. claims teir datiagcs b¢aiusc of bodily injury or.
death of nhy. person or.propeity damage arising out of
the ownership, maintenance or use of 4ny motor
vehicle.
The pdticizs;of insurance so'requireil by.this,paragraph 5.4
to he purchased and inaini nined shrill:
5:43. with respect to insurance required 't*y
parrimplis 5.4.3 through 5.4.6 inclusive and .55.4.9,
.include: as' additional insureds. (subject. to :aTw
customary exclu Sion in' respect .Uf. p'rofessioriab
liability), OWNER: ENGDIEER; ENUINEER's
.Cornsrtltanis andinyother:persons e- cril tits identified
in.f ' Sopplementary'Conilitiurrb;,all of nvhorn shall be
listed is addntorul insureds;.and.inclutW coverage for
the respective -officers and .employees, of all such
additional insureds:
5.4.Y. include the specific co"vcrages•und be written
for not ley. than the limits of liability prcvided in the
Supplementary Cdriditions or required. by Laws or
Reulatioa�, whichever is greater;
i_4 9. include completed, ireratiopsirtstrranee;
,covgrn65a.t4ionsosv)uEdtiuu.
%V/ C1'ry OFFOR'r COLLINS %1ob1f-JCATION3 (REV .Ir.000)
5.4.10: include %contrac'tual liability. insurance.
covering CONTRACTOR's indemnity obligations
under paragraphs 6.1? 6.16 and 6.31 thnwgh 6.33:
5.4.11, comain a provision or endorsement,thnt the
coverage afforded will not be camelled materially
ch:mged.or renewal refused until' at least _thirty 'daye,
prior written notice his bc6 +uvan to.OWNGR and
CUNTRACTOltand to each other additional ins;rcd
'identified iit the Supplementary Coriditions to whom
a. C:n lficate of'utsunmce has been Issue'd6nd,lhe
certificates of insurance Furnished by 'the
( CATRACTOR pursuant to paratgaph 5:3,3 wib sa
provido', "
5.4.12: remain in effect at. least until' final payment
andatall timcstlicreaticrwhen 6irrRAC1'ORmay
he correcting, removing or replacirgu defective Work
inacpordance withprngraph 1.3:12, and
5,q,13. ,with mspect to, completed operatiorts
insumnee,.•and any.�insurance coverage written on.a
claims;mader basis remain in effect for at least two
years adcr final ,paymcnt(and CON fRAC:'FQR shall
i!irtii;h"O%VNFR *,and,cach other additi6mil •insured
identified ih the Supplementary Conditions to -whom
a certificate: of insurance Has then .issuzd evidence
satisEnct6ry to OWNER Ind anysuch additional
inmurcd of continuation or'such insurance at final
payment andone year thereafter).
OrkNER's Liab'iligt Insurance.'
3.5. In addition-tw insunincerequired to,be provided
1* C6NTPACTOR - under pira,pph.5 q OtVNEP . at.
OW'NER's opuort,. 'may purchasti and maintain at
OWNER's expense OWNER'S owri Ilabiliq•, insurance as
will protect OIWTsR against. ulaiins W111ch may"hose from
operation under the Contract gocuments.
Rroperrh Insurance
6.—Uri less-o[hzrw is-proy ided-in-floe-Suppleni en tRry
�inditions;-06V NTP� shnl l�- purgiwsa-a mi-m a int ash
e:..
pieprny-v+sr+ri:nee.ttparrt}ic�4Var,��,�aaii+-Nir-nmrnEiurtt
of dna-full-replacem en[-Bost-lFiarzof- (svbjiet-to-such
diductif>ta--amotrms-its-•may-ba-- pruvidad-in-tha
Supplementary-Eorxfi[ienis=off-required-6J�-6aws-aiu!
RevuLxions)�[his.irisuronea•sFxtlFs
6: E—inukude--rho—utterests—of—OWNER;
eft+?TFFt?V_"i••E)P��u�ntnectHrs— l�E` F:?'fsFif�
6tV'�'.liR's-f�-Emstt(tartis-and-any-otitec-pets6ns-eE
znt nines-identified-in-the-$upplem�ntazy-6onditinns;
eackof.wh& ria•deamed to havran-insurablrinterest'
imd�sFialfMrlistau�nian=vtsurad or-additiorW I�insured
5:6:i?-6tl-1YilLItYt-aR-f1-f3Utidet'`rRLtil--tll14i5k-oF
:-Pori eF caasas=UPOSsPelity-ferru-thk
she;i4-at-kesEia-IudatiitsuiarwO Par-pk+ysivaf-1,15s
daniegt-tfrtlirW irk-textpaFr�lwihlii>_�s-falyzwark
axcl-1Yc+F1�-ta=VaF64-mnd-shall-¢'s-: � ituEnE-ImsE
the=Fislleiidng- r+ls fwej t'•�:^:^^
. pa..--,.a,e�titaridc4i
As. Gellapse,
fflea�-e w f as'lREI R gululims.
Fse
inh_
_Lrwurred-in- th,:--repair-or
Q� eng�°F5 And
I b� e
m . fl�
unt& PaY
bdel
i5Z,
5.9- OWNER shall noL bt responsibly for purchasing
and maintaining any property insuiame to protect the
interc= of CONTFU%CTM Subcaniiaclors or others in
PG
by upprepn W.
wt MY OF FORT LOW M M 011MI CXh DNS C 01W.)
tin v"_--_Q-)N4RAGTOR-whetIwF af rwt:�
'16 _414,dve"f Rigkv-
whether-iLr-neF=utsatred-by:00.iv`GR': and
UIHRt 81 IUS�q F 'I�FR4464R-NS
"I" . ffeet:'F� l
right-,;
0
&NG- M—R, 941 d4h&-efficen,
Jute Fey uAhe4.
,Receipt and'Application of In"rairce Pbceetki-
5.12. Any'insun:d loss under the politiies of insurance
I by", qm-praphs5!6 and,55.7 wdl,b.e-adjusted with
07=
insureds. as . their uitcresis M-ayappeawsUbjoct'tQ_ Lhe'-
requirement-.. of any apliliintble:, mortgaLe dauk. and of -
PS '6\V,\TER shelp deposit in a separate
a&=nt aiiy ffioriiy-so received an&shall distribute it in
FICC"rice with such fierccritent as the parties in interest
may reach- lf�no'6dxr'spe�l agreement is reached the
'&maged Work'sliall be repaired or r6pla64dic moneys so
received applied on account thereof and the Work -and the
o6st,thereof covacd by an appropriate Charr.5 Order or.
Written Apendment"
513: OWNER as fiduciary shall have power to adjust
and settle..a n-y loss with the. 4151trarg unIm— -one of the
F.iahks in intcrcst4all object in writing within fifteen days
"after the occurrence of. loss to OWNEWs. exercise -of this
N% v . cr. if such chjL-tion be made, OWNER: as fiduciary -
shall makz swujemeht with Lhe'insurers in acctwdanco with
su6, agrum&t as the parties in imciest may reach: 'If no
such agreement among the'jitutics upinterest as rmchod,
DDINER ..as 6duci4ry shall U ad'Qst. and settle the loss -with
the. Lnsurers'and;-,4 .
n—WR :_', ... H%I
�—PaFp
'.4cceptance ofllondv andrfh_Mrancgl, fJppfo�j to Repkice:
- Pwt.ial:Utilizad.,t-propenylit.nrr(mck...
5.15. if owzvER Ends it necessary to bc.cupy,ar use'a
portion. or portions of the Work prior to . Sulbstantin I
%VlcrI oFFOKLCOLL MT.MODIV1CAnONS(RhV,1PO(1O)
Comoleti6in of Altthe-Work :sucli use or occupancy may
be accomplished in accordance with paragraph 14.10-,
U!Idcd that no such use or occupancy shall commcn6c
lure, th6:insurem. prov idinit the property-iiisurazxe have
ii&xiowIedjW notice ih�erWf arid,in writing effided -any
Shiinces in 'c&emgc'necesq6ted -thareby, The insurers
providng the -properiv-.'atsu'rance: sfiail consent by
endorsemenvon the policy, or o poficics;- buc� the Froperty
ins ranee shall riot -be -caricelled or permitted-t ., apse on
uccount of:uiiy suc'hi partial use oroccupamy;.
A,kflCtSE 6--CbYrRACTOWS'
RESPOINABI 11TI ES:
Stipenision iind&jierinteiiden&-
'& 1 1 - CONTRAcroR shall supervise. uisrm I Cr and
direct the Work competently and efficiently, devoting
%u6h. attention thereto and - Applying such`�kills and
wNperusc,as,may be txc6isary to pertbrm the Work.in
.aceordanu ,with the C.o. .
0t* Documents
CONTRACTOR shall hesotelvre�74nnible for the nican.S,
methio4technique.%- sequencen and proqedures :of,
construction, hotLbKrRiACTOR shall not bc,responsible
for the negligence of others in the design or-sliecification
617 a - specific means, nirtficKl, technique, u4ucnee or
procedure of constnicti6n-which is shown or,indic.ited in
and expressly required by the Contract Documents.
CONURACTOR shall' be responsible to• see that L - he
compicted Work complies accurately with th, Co'lltmer
Documents.
CONTIZAC-TOR sh.aH keep on the Wurk,at all
times.during its. progress, a compacra iciii;Lnt
superiaterident. who shall notbe replaced without written
notice- I 'to OWNER find' LNG[N =- except canter
The ssuDerintendent will be
to act :on bLhalf of CONTR4CT01
atforts.to thestioerinterident shall be as
as ifgiven LoCONE �V-;TOR
Labor. Udierials ithd Equiponint.-.
613. WNTRJ\CT0R shall' provide campeldrit,
suitably qualified 'personnel to survey, 'lay -outAftd
iwnstiuct the Work 'as - required by the—C6mrw
.q
DoEitineitts. CONTRACTOR shall at all times maintain
_lliscipI no order at,the site. Except as otherwise
roqured 'th�safely or protection of persons or, the
Work, or property at I the site or adjacent thereto. and
except as. otherwise indicated in the Contract .C&-uments,
all Work at :the Ate shiall.,be, performed during,re6ulitr
working hours and CONFr[ - ZACTOIZ_will not, pormit
overtime worknorahe perf'ormance of Wdrlc,on Saturday;.
'Sunday or any lqgal holiday without OWNERi written
Consent given.after prim'writtcri notice to ENGNEER-
CONTRACTOR shall submit requests to the FN-Gr�-JITR
no:lcs5 than. 48 hours. in advarico of any. Work to lm
Ndbrmt:,l on Saturday., Surdav,.Mlidivs or outside the
Regular Working Hours
CAUnless otherwise . specified in the Geperal;
Require -merits;. CONTPACTOR shall'fumish and assume
full responsibility for all materials. equipment :labor;
transportation, .construaion,;eiuipment and machinery.
tools appliances'fueL pcWL4. light. heat, telephdne;.wuter.
sanitary facilities,, tern 'taciln= .and ,all other
facilities and ineiderttals necessary 'tor'ihe _furnishiru3,
performance, testing. start-up and completion of the Work..
6.4:1 l urchtasate Restrictions XONTRAC MR
must Wanly with.rhe Citv'S 6drehasinn restrictions: A
copy of the resolutions are available for review in the
offices of the Purchrtsine and Risk Mannszerrent
Division or the City Clcrks office.
6.4.1 CLmcnt Restrictions Cir� of Fort. Collins
Resolution 91-12I' mguiresthatsuppliers and producers
of cementorsroducts eontaining'cl=nt to ceni[V that.
the cement -wasnot made in cement-kilris that bum
hnztrdouswaste asafuel.
6:5'_ All matennlsmid equipment shall be of good.
quality, and new, except, as odia-w se- Provided in the
Contract Doamients. tall'.xvnnunnes slid: guarantees.
'(including reports ur required tests) as to the; kind -and.
quality of materials. aml equipment. AIV materials and
equi[+mcnt shall be applied: installed- comtected,. erected,
usecL cleaned and conditioned in accorrance with
instructions of the ipplicable Supplier, except as oLheiwisc
providedin the Contract Documents.
, Progrew Schedule.
6A COYI',RACI'OR. 'shall adhere to the progress
.schedule established in accordance with paragraph 19 as ie
may be adjusted from time to time as prov idea below
64,1. CONTRACTOR shrill suhmit,to !sWGUEER
for acceptance (to. the extent indicated jin
par ag nph 2.9) proposed adjustments in the progress
:sficdule that will not change die Contract Times (or
Nfilesiones). Such adjustments will conrorm generally
to` the p[ogress schedule then in etfec: and adilitionally
Will, comply with any provisions of the General,
Rcquiremeras applicable thereto:
6:6.2. Proposed adjustments in>the progress schedule.
.thin ivill cfrnnge: the -Contract Times'(or Nfilestoms)
shall be submitted in acc"nce with the requirements'
of"paraggraph 12.11 Such adjustments .may only be:
node by a Change Order or'tVritten Aincitdmenl in
accordance with Article 12.
6:71 .Subiritutexand'"Or-Equid." Items:
6.7.1.. Whenever an item o(maleiial or equipment is
specified or`dcscribed in the Contract' Documents by,
usingthe name.of a proprietary item or. the name of a.
particular Supplier. the specification or deuription,is
intended toestablish the type, function and'gieility
required. Unless• the specification or description
-Etcoc uE:4EF .0 couurn om 19 u1- o 9qu EsliUarr:
17 WI CITY OF FORT C,90LL1.8%IODItIc.4'ITO\s lkt•'v•t(2ao(i)
artttua or is followed by vgr4 reading, that no like,
zquivalcnt or "or-eyual" iitem or no substitution is
permitted,- _other items-i)f.material or equipment or
material i¢ equipment of other'Supp6crs may be
accepted by ENGINEER under -the following
circumstances:
6:7.1.1. Vr-Egreal"! if iu'ENGINEER!s solo
disurction an. item oC material or equipment
proposed by CON;[RAt TOR is fern tionally
equal w that named and suffrcicrttlysimilar so that
no change in related ill be reyuved, it may
be considered by ENGL•VEER'.as an "or -equal'
.item, in which case review and approvab or1hc
proposed item may:, in RNGINEER's• sole
diicretion, be. accomplished without ecnipliance
with .some or all .of the requirements for.
acceptance oFproposed,substitute itcam
o:Z l,?. Sf6rdlute Items' (f in ENGNEER's,sole
:
discretion an item .of material or equippment
proposed by CONTRACTOR does not+quahfy'us
en "or -equal" item' under sjitipnr.+gapho:7.l.h it
will be considered a proposed substitute item:
CON'FRACI'OR shall sibm it sufficient
information as provided tx:low� to allow,
FNGfNTER to dctamtine that the item ormatcrial
or equipment proposed is essentially'- cquivaleni to
dctt named aral an aceeptablc.substinke therclbr.
Tjre piocedUni for review by the ENGLNEER will
include the hallowing as'supplemenled 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 In accepted by
ENGFI-TERR from :anyone other than
COYIRAC•TOR. lf. CONTRY%CTOR wisNi s to
furnish or use a substitute item of material or.
equipment CONTRACTOR shall first. make
wratenapplication to ENNGINEER for acceptance
thcrcof, cenifyatg,that die proposed substitute will
"Ierfbhii adeijtiatel}' the Functions and achieve the
results called for by the 64neral design, be similar
in substance to'that specifiedand be suited'to the
same use as that specified The application will
state the went if any. to which the evaluation
and acceptance of the proposed substitute Will
prejudice. CONTRACLOR's achievement of
Substlnual Completion on time; whether or, not
acceptance of the substitute for use in the Work
will require fl change iit .any or the. Contract
Docur6chts. (or .in that provisions of any other
direct contract with OWNER' for work on -Ute
Project) )h *adapt the design to the proposed
substitute and Whether ornot incorpuration r'Use
ofAhe substitute in.6oruiection with -the. Work is
subject to paym_em of o-mv license fee or_royalty.
.Nl variations of the proposed substitute. from that
.specited will be identifiedin the application and
available maintenance. -repair and rt lacement
sen'ice will be irdicateil*- Thr application twill'
also contain an itemized estimate -of :all costs or
credits that Will result.dirrctjy or indirectly front
acceptance, or such substitute, including .casts of
redesign and'driints of, other contmetom 01'ected.
�J
0
E
•
0
by the (milting change ,all' of, which will be
consiileral, by.ENGINEER' in evaluating the
proposed substitute. MiGLVEER' may recqqu'ur.
CONfRACTOR to furnish additional data:about
thepropoiscdsubstituie. - .. .. . .
6.7:1.3. C0eVTR4CT0R:v.Evpensa:, All dau to be
txovided,by.CON17R4CTOR in. support of any
proposed °or -equal" of substitute item will. be: at.
CONTRA I'OR'scxpmsa.
6.7.2. Sitbstinne-Cwtvtructiair X&Lho4s or
Proceduihnv'. If specific means,.metkod,.technique,
tscqumce or procedure of construction- is �sho vn or
indicated'.in :nnd 14recsly required by, the Contmcr
Docuiircr A, CONTRACTOR rriav fitrliLA or utilize -
m.
:svbstituta. earts,; methodl .technique, sequence -or
procedure of construction.acceptable ta,HNGINHI'sR..
CONTRACTOR'sfiall submitsullicint infirramion to
allmv 6\GINEEK in ENGhIEFWs sole diseretion_to,
5ktertuine'tkat Use substitute"proposed; is equivulent to
that cxlaessly called' for byy.the. Contract Documents.
The,ltrocedure f r review by :FNGINEFR. will; I.
. similar to that provided in subparagtapbo] 1,4:
6,7;3.Enginee✓s Fvaluaiitzt:'. FNCTINEER tJil6 bi:
allowed a rasonable, tine within which,to,evaluate
tmch proposd or submittal mad, pursuant to
paragmpin 6.7 1.2 _tmd6.7.2. ENGMTEER will bo tho
sole judge of acccb.tability, No 'or -equal"' .or
sutisfitute will be ordered,-insmiled or utilized %vkhout
F.N(MMSER's prior written acceptance,which-will tie
evidenced by tither it C'hutge,Orde:r or an approved
Shop Drawing.. ()WNER. may require
CONTRACTOR to . furnish' :at CONfRACTOR's
'..surety with icspect to Gt`iiEmy "or.equal' or-substwtc.
E ER will record time required .by
ENGMER .and EN0114TME s Consultants ,in
c6luating subctitutcs propas<d or submitted by
CONTRACTOR pursuant to pamgiaphs 6;7, l 2 and
63:2. and in making chances' in the Contract
Documents (or in," provisions: of any other direct
contract with OWNER. for work 4n the. Rojcct)
occasioned, thereby, Miither or not ENGINEER
accepts:a saw. itute-kera so propesed'or submitted by,
CONTRACTOR. COtINTPUCTOR shrill re llburse
Ov\NGR for the cknrgo of'ENG11NECR and
CM. MEER's:Consultaks for.evaluaiim each such
proposed substititie'iteio,
;6_8. ,Conceming Uibcvnrractvrs, SuppUery anti
Others:
6:5.I. CONTRACTOR shall .not ,employ' any.
:SUbt oritrdctw;Supplier or other, person or organivttioin
(including. those acceptable toOWNEIL and
[1'GRNEER'as.inlicated inpardgraph.6:b 3), wheth&
iraaally.or ass suWtitute. against Cvkont ObVNER or
EIN NGEER. may have, reasonable objection
CONTRACTOR shall not be required to employ any
Subcontractor, Supplier dx. other person or organiztion.
to. ftimish-or perfunn any of the Work:against whom
COi rrR,a4TOR .has neasnnable objection:
FJC:UC Gh'NHRAL,CONU1770�:1 Y Nl X (1970 Eihtiuu
wiCTYorroR COLLINsatautriC.tnox51REV•uznarri
C.9.
CONTCt. CMR skill perfomr • not less than 120
percent of the Work- with its.own: forces (that is.
without subooritrictin0: The'20o6rcentreauiremm[
shall be understood to refer'to the_Work the value of
which tout Is not less than 20 percent'-cf the Contract
Price. - ..
ippkiindnFary-Goittlitions $iddin
tare, -the idLn6ty, ' of certain
plie suprs, or other perscafs. of
iiems'oF materials or. equ
to OWNER' in•.advence-o
to the Effective. Date of the
r by OMAR• and HNUf
OWNL ER's,
wraing or I
by the date
u,e. bidding
ENGINEER No :acceptance by OWNER„ or
FNGURER of any such Suhvntractor,-Supplier. or
'other,person or orgeimiation shall constitute.a drawer.
cif any right of OWNFR, or 'ENGINEER. to vcIC4
defective Work.
69.1. CONTRACTOR shall be fully responsible to
OWNER and I3 Gl2\TE•R for all acts and omissions
of .the Subcontmcto.m. Supplicisand other persons
and or ions performing or tarnishing any of the
Work under :a direct or .indirect contract with
CONTRACTOR just 'as CO, TRACTOR is
responsible , for CONTRACTOR's otvn acts and
omissions: Nothing in the'�dntmct Documents shall
create for tW benefit .of any suck Subcontractor,
.Supplier or .other .person or 6rgmnization any
contractual .relationship , between ,UWNER or
INGINEER arul tuty such Subcunlract6r,'Supplia tar
other person or organization, nor shall A create any
obligation on the On of. OWNER.GnENGINL•ER to
pay.orto see tothe'pdyment of any moneys dug any
SUCH Su&waactor, -Supplier 'or other pdisim or.
organization except:as may othcnvise be reguired•by
Laws and Rcgutations. `OWNER oe ENGhKEER may.
furnish to am• stibcomractor, supplier or other person
or organization evidence of amounts :paid .to
CONTRACTOR in .accordance with
CONTRACTOR'S "Applications for'Pavmcni'.
13'
6,9,2. CONTRACTOR shall be solely responsible
for scheduling and coordinating. the. Work of
Subcontractor. Suppliers and Other persons and
organi'rations' perfti imirat or furnishing any Of the
Work under a. direct_ t,r indirect contract with
C C)NTRA6'TOR. 'CONTRACTOR: Shull require all
Subcontractors, Suppliers and such other persons-anit
organizations performing or fRrushurg any of tha
Workto commumeauc, with the LNGINi _MR through
6.10. The divisiomindsectionsofiheSpei:ificiitioas,and
the identifications of icon Drawings stmli not control
CONTRACTOR '6 dividing the Work among
Subcoriitractors air Suppliers or delinearing' the -Work to,he
pcifa*d by any,spcctFie trade;
6.11. All Work perfar.mco ,for <:ONT,RaC:rC)R by a
Subcontractor .or Supplier will be pursuant to an
appropriate agreenunt between CONTRACTOR.. and the
Subwntiaaor or Supplier which specifically. Binds the.
Subcontractor -air Supplier to the, applicable terms and
conditions of the Contract Documcnts. for'the benefit of
!'meat Fees and!?uyalties.
6,12, CONTRAACTOR sliall pity ail Iieense fees and
royalties and -assume all acts incidentto- the use in the
perforancc of die" Work or the inturpomtionin the Work.
of any, invention, design, process, product or ikvicL which'
is the subject of pater rights or copyrights Md by others.
.If apanicularinvention.design, procss.,product oidevice
is specificd"in the. ontrnct Doutanents for use in the
performance of the Work and if tO ihe. actual knowledge of
OWNtM- ur 6\i 61IN-CGR its Use is,subjecfto patent rights.
orovpyrights cMfirtg for tfie payment of any Iieettse fee or
royalty: to others; the exiswnce of such rights shall be
disclosed by,bWNER in the Conaact'Documents. To the
fidlest e.�tent' pernlitted by Laws and Regulations..
CONTRACTOR •shrill indemnity' and hold hwml4'
OWNER ENGLN-EERiL\TG1NEER's'Consultantsamcl the
officers,.dir titcrs, employees, agents and othier constiltunts
of each and anV of them frdm•and against all -claims, costs;
tosscs.and dama;es ansmg.out or or resulting Crom any
infringement of patent rights 6r copyrights intndent to the
use'in fli performance of the: Work or resulting firm the
incorporation ih. the Woik. of .any .invention, .design
proccss..prcduct or device -not specified in the Contract
Documents:.
I4 •EJCDC OENER.iI, CMU-110I43 01O:3 (k!"N EaGtiml
the Crry ola FORT (AMLIM MODMCd'RONS IRB' •120on)
Permits:
6.13. _ Vriless otherwise provided in the Supplementary
Conditiorc01; CTRACTOR shall obtain aml pad• for all
constructiompennits and licenus.. OZVNER,dudl assist
C,GN'CRACTOR Nxhen necessary. in obtaining, such
permits and*lice ses: CONTRACTOR' shall ,pav all,
,goveimncntal charges,erut.inspection Cos necessary .for
the prosecution of the Work: which are applicalilc-at. the.
time of aperw% or' Bids: or.. if there are no Bids. M, the
Effective Date of the mement. CONTRACTOR: -shall
pay nll'chage.of util ity oµnen for- connections1 to-ihe
Work, and OWNER shall pay all charges .of such.utility
owners, for. capital' costs. related thereto such as. plant
.invesmient fees.
6.I4.. LawsandRegnfatians
6.14:1.•CONTRACTOk tall:gnve•all' notices, and
comply with Al Laws and Regulations applinble: to•
rdroishirms and',performiale of the Work. Except
where otherwise .expressly required by applicable
Laws -and Regulations; neither. OWNER nor
ENGINIEEk shall, be responsible for monitoring
wtgp-V: o 's.cnmpaince with any laws or
Regulations;
6.14:2:'If C'OriTRACTOR.pirfomis,any. Work
knowingor having reason to kriotJ that iCis contrary,
to Laws or Regulations; CONTH.AC:fOR'shan bear
all claims, casts, lasses- and dmmnges caused hy;
'arising out of or eestiilirat,therefrtini;'hotveVcr; it shall
not b: CONfRACTORs primary 'responsibility .to.
nuke certain that the Specifications and Dmixi n s arc
in accordance with Laws and. Rcgulatiort*r but this
shall not relieve 'CONTRACTOR of
CONTRACTOR'S obiigdtions'under paragraph 1312.
Taxes.
6.1 i, CONTR+\C;TOIt shall p;iy all -sales col Sumer,
use and other similar taxes roGu'ned to-be••paid by
CONTRACTOR :in accordance with the, Laws and
Regulations of the jtlaa: of the Project which are
applicable during theperfortmu" of the Work.
6.15A. OWNER is exempt fbm Colorado Shatz and
,local .ales_md .use, to scs . on m at rials to .be
oernuftentivincorpomted'into th�prgict Saiilta�es
shall not be included in the.Contract price -
CONTRACTOR must apply for. rind receye, a
Certificate of .Ekempuon'.from the_`Colorado.
Dervartment of Revenue ror corntrvaionmatenalS to
be. ph sy itntly^incorporated into the project: This
Certification" of . ExemptionpMvide that..the
CONTRACTOR shall neitherpav norinclude in his
ELtki,SalLs and Use Taxes .on those buildirih:And
C,omtruction materials Qliysically incorporated into
theorotect. -
.Address:
Colorado Department of Revenue
State Capital Annex
11
i
0
• SECTION 00520
AGREEMENT
THIS AGREEMENT is dated as of the 14th day of June in the year of 2012 and shall be
effective on the date this AGREEMENT is signed by the City.
The City of Fort Collins (hereinafter called OWNER) and
A-1 Chipseal Co. (hereinafter called CONTRACTOR)
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
ARTICLE 1. AGREEMENT RENEWAL & WORK
Renewal. This Agreement is a renewal of the Agreement entered into between
the parties on the 4th day of August 2011, entitled Hot Applied Chipseal Overlay,
Bid No. 7256, City of Fort Collins (hereinafter called The 2011 CONTRACT)and
all portions interpreted as if the same were attached hereto. This work is defined
as the construction of the Hot Applied Chipseal Overlay 2011 and is generally
described in Section 01010. This renewal is authorized pursuant to Article 3.1.1
Contract Period, of the 20011 CONTRACT. This Agreement shall be effective on
the date this Agreement is signed by the City, and shall continue in full force and
effect until July 31, 2013.
ARTICLE 2. ENGINEER
The Project has been designed by City of Fort Collins Street Maintenance, who is
hereinafter called ENGINEER and who will assume all duties and responsibilities
and will have the rights and authority assigned to ENGINEER in the Contract
Documents in connection with completion of the Work in accordance with the
Contract Documents.
ARTICLE 3. CONTRACT TIMES
3.1 This is a one year agreement but, at the option of the City, the Agreement
may be extended for additional one year periods not to exceed three (3)
additional one year periods. Pricing changes shall be negotiated by and agreed
to by both parties and may use the Denver - Boulder CPI-U as published by the
Colorado State Planning and Budget Office as a guide.
3.2 The Work shall be Substantially Complete within thirty (30) working days after
the date when the Contract Times commence to run as provided in the General
Conditions and completed and ready for Final Payment and Acceptance in
accordance with the General Conditions within five (5) calendar days after the
date when the Contract Times commence to run.
rJ
0
•
CI
J75 Sl irai n'Street -
Denver Colorado :S0261:
,Sales and Use Taxes far the.: State of Colorado.
Regional Transportation District (RTD) and certain
Colorado .counties are collected by the State of
_Colorado and:-are•.included in, the Catitiratiorf..of
Exemption.
All appbcable'Sales and Use'l'ases Gncludina, Slate
collected tuxes): on rmv itemsother than construction
and buihlim>, materials phvsimlly incorporated into the
project are to he paid by CONTRACTOR and are.to
be included in appropriate bid items.
flte of Prendcae:
6.16. CONTRACTOR, shall confine construction
equipment. the storage of materials and equipment and the.
operanom -of workers, to; the.sitc aralland: and areas
identified in and,permitted by the Contract Dciurn=ts and
other land and areaspermitted tip Laws and Regulations,
rigf m,of-wav, permits and casements, ;and shall not
unreasonably encumber'the pfemlsCs with construction
equipment or other materials or ...equipment.
CONTRACTOR shill assun7C full respomiibnhty for any
damage, to any such land or area, or to the owner or
pceupaitt thereof' or of anyadjacent laid or areas, resulting,
[long the performance of the Work Should any,claini be
made, by any such owner or occupant because of the
pertortnance'o€the Work, CONI'RAC I'OWAiall promptly'
sdtle with such other party, by negotiationor otherwise
resolve the claim by arbitratiogor othci dispute resolution
pr*cding or nt law. CONI'R.,%( I'OR�shall, ui the fullest
r^m:nt permitted by Laws and, Regulatloiis mdrmtnify.an l
hold' harmless: O%VNU,L ENGLNEGR ENGUNEERs
Consultml and anyone diireinly of indirectly employed by
any of. them fiom and aynutst all claans costs losses and
damages artsing,out of or resulting from tiny claim or
actions legal or equitable., brought byany such'rndner or
occupant. agnittst :OW'NER, SNIGMER or any other thirty
indemnified hereunder to the -cswri " caused by or based
upon'COi TIZACTOR'sjperformance of the Work.
6.17. During the.proyess of the Work CONTRACTOR
shall :keep die premises Gee Flom occumuludons of haste
-materials. rubbish and oilier debris resulting •Bum the
Work At the oomplevon,of the Work CONTRACTOR
shall.remove all waste,mawnals; rubbish and debris from
and about the .premises.as well as' all' tools, applinnccs..
construction equiiinient and' machinery :ad Surplus
materials: CONTRACTOR, shall'leuve-the site clean and
ready 'for occupancy 'by. OWNER. .at. Substantial
Completion of the Workk. CONTRACTOR shall restore to
original uondititm,all property not designated for.alteration
by the Contract Documents:
6.IS: cbNTRACTOR shall not load nor permit any, part
of airy structure to be Iwded; in any mun ici hint will
endanger the structure; nor shall CONTRACTOR subject -
any part of the Work or.udjacent property, to, stresses or
-pressures dint will endanger it.
Record Vocutirenty
rnvcueNtx,v..coNutno �t�itxt y tt rib e<nuair
wr a'rc or t•Otc'r morn. ntoounc %noNs tttwv.tr(iw)
,6t19,QONTRACTOR.shall,maintain ,inasnfeplace at
dhe site one recoil copy of'all Drawings. _Spaifications,
Aitdciid.4' Wriucn Amendments, Change Orders. Work
.Change. Duectives:, Field Orders- 7und! 4rittea
,interpretations �arid clarifications: (issued -pursuant. Ed
paraciapli 9A): 6 goatorder. and annotated.to show all
changes made during constructiom- These record
m docuents: together with all. approved Samples arid a
counterpart of all Approved 'Shop Drawings Mil be
available to ENG NEER2 for "reference.. Updn completion
of the Work'and.prior to'releasa- of final pavment, these
ra:ord'documenls,':Samples..and Shop Drawings will be
delivered to ENGINEER forOWN6R:
:Safety and,Pi otectian:
6,20, CONTRACTOR sfiall' be responsible l'or
bnitin rg. maintaining al"sups�vising, ill .safety
precautioru and programs inconnectionwith, die_ Work_
CONTRACTOR shall fake all'riocscnry precautions for
the safety o(,and'shall provide the necessary protection to
prevent damage, injury or'loss to:
6 26.I- :All, persons on the.Work- site ur who may be
affected by the Work:,
6:;t)^_ all the.Work and 'materials and equipment to
be incorporated therein, whether in storage on or off
the site; Arid
6.20.1 other property at the site or adjacent thereto,.
including trees, shrub& :lawns, walks, pavements,
roadways; structures; uUities and. Underground
Facilities not decimated for.mmoval; relocation or
replacement in theeourseof construction!
.CO?'fRt1C'i0(Lshill'.compfyavldrall tpphcahlc'l.atvs
and Regulations of any, public body,havingfurisdiction nix,
.safety of persons or property or, to protect them Crum
damage injury or loss; and shall' erect and maintain all
n&eNsary sateguards for such safety and protection.
,CONTRACTOR.shall notify owners of adjacent property
and of Undetwlotnd, (:acdilies and utility owners when
prosecutixxt of die .Work may affect them, and shall
cooperate with them in the protection. removal, relocation
unit replaecrn LL'of their,property All damage; injury
:loss to,atiy property'referredto in paragtaphs6.20.2 or
6 20.3 xtiused, directly or indirectly, in whole: or in part; by
Cot,Fr ACTOR any, Suhtirttractor. Supplier or any
other .person or :organization dirzetly or indirectly
emploved'byany of them tq pW ,?im or furnish arty, of the
Work or anyone fur;whose acts any of them may be liable,
shall be remedied by CONTRACTOR-(c..xcept damage or
loss altributable.to die taint of Drawings or Specifications
of to the acts oromissions of OWNIIL.or ENGG=— or
Rai iGINEL•R's Consultant or any-une-emplayed by any of,
them or anyone tor -Whose acts ayorthtm may be liable,
and rwL attributable. directly or indirectly, in whole or in
purt, to the. fault or negligence of C.ONTR4CTOR`or any
Subcontractor, Supplier or other person or organizat aut
directly or .iivlircctly employed by any of them).
CON i,P,Ac'I'oR's duties and resNmibiliti,s for the sa fety
and protection of the Work shall continue until such tine
,.s all'the Work is completed and ENGINEER has issued a
1?
notice to OWNER;arld CONTR..\CTOR in accordance
with paragraph 14. 1;:thm the Work is acceptable (except as,
othi rwise expressly provided in connection with
Substantial Completion).,
611. SafiMReprerenradve'
COYMNUUOR shall desicntte a qualified and
experienccd safety representative at the site whose duties
and responsibilities shall be the prevention of accidents and
the matrimining and 'supervL%_m9 of safety precautions and
•programs.
Hazard Communication Ni grams..
6.22, COi\rPRA(;rOR .%Kill be responsihlc fair
coordinating ony eecharige ormalerial;safntytdala %fleets ar
hazard
other hard eommunicaunn information'required'to.,be
made available to or exchen--eil between ur.' among
employers at the site in accordance with 1'awi- rir
.Reynilatiuns.
P:rnergenczec.
6,23. In onergencic%-.iffcctingthe.safety or protection or
persons or the Work or property, apdie .site or adjacent.
thereto: CONfRA17I10R. without special', instruction or
uudF rizpucat.frt)fn 0IVt p.R or EMG iNF.F.R is obligdtcdto
act to ss: _pre4ent thicatened ,damage, injury or .lo
.00NTRACTOkshall give b'NGINMR_ prompt written
notice, it CONTPAC"I'OR believes that any, significant
chances in the Work. or ;variations from the Contract
Doctmients have been' caused thereby. If `ENGINEER.
dcicrtrii=i tint,a change in the Co . , ct Documents is,
required bccauarof thenction,taken by CONTRACTOR in
response to such 'an emergency, a Worh Change Directive
or Chanic Order will be issued to -document dip
conscgitcnces of such action
6.24: ,Shop Drawings and Samples:
6:241: CONTR C-rOR shall submit Shop Drawings.
to ElvtfiEOM for review and approval in accordance
with. th aaxpted.schedule of Shop Drmvings and
Sample submittals (see paragraph 29)L All submittals
will be identified its ENGINEER may; require and in
the number df copies' specified in the GenertU
12cqu cements, Tha dam shown on the Shop Drtwaigs
will be complctc 'with respect to quantities„
dimerisi6m. specified performance and design criteria,
materials and similar data to show ENGNEER the
materials and equipment CONFI'R.\UfOR pro poses'to
provide .and to enable.ENGM-Ek to review the
information for the, limited' purposes required by.
.pamapraph 6.26.-
6.242. CO:ITR4CT0R shall also submit Saimples'to
13NONT-ER. 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 :aid
otherwise as ENGINEER may require to enable
EINGNEERt to review the submittal 'for the limited
EJCE)C Q1E 1MM. CONlll1102S I'J 1QIS (190 E6601)
16 car CITY OF FORT COLUJSMOOIPMATIONS IREV,IQGOa)
puiptx;es required by pra�xaph6,26. The numbers
of each Sample io be. submitteriwill,bems sttecitied in
the Specifications:
6.25. .Submittal Prixedures.,
625.1.IIelore submitting each 'Shop Deceiving or.
Sample. CONT2\CTOR shall' have detcimined and
.Verified:
635.1;I; all, field measuremesas._qusntidi!;.
dimensions, specified performance criteria,
.installation nuirements. material, catalog
numbers and similar information ttith -respect
thereto,
6:25.1?; all•malerials with respect to intended
use., fabrication., shippppitng, handling, stoia e,
assemblg and nstalla(ion .perta ping io the
performancepf the Work, and
623.1.3, all inforation relative to
C()NTRaGFOR's sole responsibilities in respect
of means method-, techniques sc!ocnce_a'and
proccclures-of construction and':safcty pra:autinns
and progranisincidenc thereto,
c6N-rR.•\GT6R shill' also have revicyve and
coordinated each Shop Drawing or Sample with other
Shop Driwingg and. Samples and with the.
requirements of. -the Work and :the .Contract
Doeumerim
6252 1'.ich submittat miill bear a stampor.sPecific'
written indication that CONrRAC OP, has mitsfied
CONTRACTOR, oblitgarcons, starter t}te Contract
Dticurnents-,wnh,rcxpecttod7ONrxL{._,rOR'srevitav
.and approval of.that submittaf,
G25:3, At -die, tuna of each. submission,
CONTRACTOR ehafl give ENGINEEI specific
written notice of such vari itiorts; if any, that'theShop
Dewing or'Sample-subnitted.may have' front. die
requiremeras of the Contract Documcnts, such notice
to Ix in a written ainimunication separate from the
submittal; and .al' ndditicn•, sliall cause'a specific
.notation to be made on each. Shop Dimving, urw
Siunple submitted �tb ENGINT-ER for review and
approval of each such vahatlon
626: ENGINEER will review arid. approve Shop
Dmwings and'Samples in accordance with the schedule of
Shop Drawings and Sample submittals accepted by
R40fiNEER. as required by pamaiaph 2.9: ENGINEER's
,review andapproval.will be onlyto deteiminz if the items
covered by the. submittals Q1, after installation or
irkorpurdion in the Work, conform to the information
given in the Contract Documents and be compatible -with
thedesign convept of. the completed Nuiect as. a
finctioning whole as indicated by the Contract
Documents. ENGlINTER's review and approval will not
extend to means, methods, iechniqucs, xqucnccs or
procedures of construction (except where a particular
means;, method, to hnique; sequence or procedure of
0
0
0
0
ction is "cifimtly andexpressly.calW (of by the,
:trD&uments) or:to safefy.precautions or prcwi�rarns
t thereto. The rcvicw',and -approval 6f.il - te
such will not indicate approvalImmly, I, A
the item Iiinctisris. CONTRACTOR 4mll.imake
oris recltiUed by:,PVMNPER and -shall! return, die
dn6mber of corrected eopies of Shop Diatvirigs,and
as required' new. Samples; for review and approval.
�LACTOR shaU:jirect s*.ci(ig attention in writing to,
is. oflicr' than . thcr CorrcCticr� 7 ca Iled f6i by
TI, M T previews sijbirniumts: '
6a7. g,4quqREws review and`approval .6 f ;Shop
Dmvings or Samples shall not relieve CONTRACTOR
&6ni responsibility. for a4'6rintion''fioni'the recluirenients
of the Contract, Dcammenu; in
writi.ng culled ENOLNEEki attention to . each, such
'variation. at the time. or submission as rc each:
paragraph 6.25.3 and• ENGINEER',has 'given written
approval -of each, such, variation by a specitic 'written
nutadun.thereof ihcurporatcd 6 or accompanying die Shoo
'Dmwmg or Sample Approvink nor will any oppreyval by,
UNGNEFR_ relieve 'C09FRACMR front responsibility
for complying with the re uireemts of J�ijragraph_6.23_1 _,q rn
-6.21. Where a Shop Drawing -or Snin&- is recldired by.
the. Contract D66uments or the scbcdulo of Shop. Drawing
and Sample submimiams a=ptcd by ENNGMER- . as
required by pamunph 2.9, •aO related Work pertbrimed
prior to ENKI NHER's review and approvai.of the pertinent
suhnfanil NWI he at the sole expemz nfict'responsbitity of
,co,wR.<*roP_
-Condnliirtg !Ire, Work,�
6,29_ COINTRAitTOIZ shad citirry on. the I Work and
adhcre� 16 o'im
- the progress . schedule, during.: all, disputes or
ld&agreeme4s with OWNER. No Work shall be delayed or
postponed
`st'ooed niling - re�;otuticn. of any disNtes or
di eementT except tui �= itted by paragraph 153 or as
OTNER C RACTOR may 6therivise,kapeic in
'writing.
6.30; CONTP-t(TOR's General- Mzitarto,, and,
-Guarantee,,
and giiaranWvs to
OWNER, F�LNGDIEER'ind'EN4jENEF-iYs-Ctx lta-n'Ls
'Llmrall Work kyill IbCin'.iiccordance,ivith.Lhc Contract
D6cunieiits - andI not, ' "be- "defuctive.
CONMA&_CiR's.waftafiiy find miarant&,hereurd1+1
excludes clefectsof.damugm caused by:,
abus,% ' moclification :or, improper.
inifinteniinCe or orcraft6n.by,,'i)6rsciis.,othdr than
i2ONTRACTUR; Subcuntriictors'br:Supplicrs; or
6.30.1.1 -normal wear Hirid'feu under. "normal'
usage:
630.12. C0NTFZAQT0Rs obliirationto peHorrn and
-complete the Work in accordance: with the,Contmet
Detriments shidl.be absolute.- None of the following
will.; constitute- Rn.i=-rince of Work 'that is not in
-p
EX-OC QENET.AL CONDIIi O-N3 D 104 6 Eitiaij
MCI IT OF FORT' COLLKS MODIFICATION-9
lease
UNCTO
of COS obligition-torPerfunni the work
in accordance with the Contract,Docu-nicirts
6.30.2. 1;, obslavatibris by ENGDEER.
6.30.2.2., recommemlaticin of arry pFogress or.
final payment,by DNTGNEER:
t.A2.1 the isWiance- of a certificate- of
' Subsufn6al �Completion or any . payinent. by
bw&-"ER under the Contract
D&u . ment I s",
6_30,14 'use.or occupancy of the Work orany
fAn thereof by.owNER:
-436.1.5.. any acceptince..by OWNER qlr4itny
:fujurc to do so".
630.2:6., any rciii6v aryl rt,pprovaLof a Shop
A)mWifie or, Simple% . ubmittal or the issuance'of a
'notice of acceptability by U'�ONFFWpUiauttnt.
gra
IcTarn, phr]4_11.'
16. aoy;;in5p,.0 I ijTV tqsi•or- approval .hy
,rithdm or
6.3112A any Work by
Indenmifkhtion...
sitted
lcimlli iriciem
against 'ill claams;.ws[s, losses and damages (inclui§4
but not limited to_ all fcei.'"and qhnrg;x of engin&r%
nichiiems.' i uomeystind other pi-ofessionnfis and ail court
.or arbitration or other dispute resolution cbsts) caused by,
arisiit out of or'resultiur4;firom. the pertorniance oUthe
Work,'pr6videdIffiat"any such claim. cosit, loss of damage
;
(i) is attributable to bodily injury, sickness. klisi�isc of
deatfi, or to injdrio to or destruction of Imig&e prbpehy
(other than the. Work itS.elt)7 _inclUd4 . the toz,_61"use
resuhirig,iherefirlorn� and negligent act or um(ii)�is part �auwd-in whole of in pa
- " im of CON by any ess x TRACTOR- any
Subcontractor: -any: or tnatruzation
clirectly or indirectly itmplayed by any of thern to Nrffinn
Qr,furnish any of the Work Quanvone for whose acts any
ofthem may be liable; regardless of whether or not caused
6 pain by, any negligence or omission of a person orentity
indemnified hereunder or, whether'liabil,ity is unposed
upon such indernnifiW party by Laws and Reaulafibnst
regzMess'o(the,neili6-ence ofanysuch peFsm a entity.
6.32.- 'In% any and At ulaim ugairt OWNER or
M-10FNEER or any ut'heir'respective consulu'n_U:Rgent&
officers, dir&tom'or employees by.any eniployi;q (or the
.wr viv i oro r, I r., . rsohal r'brescrititive ofsu - ch employee) of
C0N1MCT0.PL. any Subcon - tractor. any Supplier. any
rerson or or gonimuon directlyor einployed by
17'
any of them to perform or tumish;any of, the Work or
anvone! for -whose acts anv of.�them .may be liable;. the
.'videmnification obligation"unrkr priragaph6.31.shall not
be limited in arty way by.any limitation on the amount or
type of7damages. compcnsationof benefits payable,by or
for Gt�� }'t R\(:"f()k ur any sycii�Sub:�nva�o� Supplier-ot
other person or orgemzation'under workers' compensation
acts disability benefit acts or other employee beneht ects.
6.33. The indemnification obligations of
CONTCtt\CTOR Linder: piirurcraph631 sheIt hbt extend.to
the liability cf ENGGVFER and 6NGINEER's Corisultanls;.
afftcers. directors. employees or.n0pis causedIry the
professional negligence, errors urromtssrom of any of thcrt:.
Survival ofObligadma,
6.34:. All npresentations, indemniticatibns, warrantics'-
andguar"aniccs made ire, rcquiredby, orgigenin udeor lance.
with'the Contract`I)oatmcntc. as well. as all.'6ontinuirii
ol;Qat uns- indicated in the Contract Docunwnts,' w•illi
survive final pagmem, completion,ntid nccaptance or the-
Work:and termination,oi•c6mpletion pf dle Agrccment:
.ARt1C-I,E' 7-0TIIER1,VORK
RelatedWork at Site:
7,1- Oy VNE:R;may perform other, work.rclated`to the -
Projcet.at the sitebyOWNER's own,forcgs, or'Ict oiher
direa contracts' therefor which- shall contain General:,
Condii%ns stmitar to thasc, orhive either work performed,
bv,utiliry owners, .[f the fact that such oilier work'is to Ix
p6rformn d washot noted to.itL Commct Documents rhChL
Ci) written hoticc thereof colt tie; erven io. CON7RACTOR
prior to staning • any 'srit,h other work and
(ii)CONTRACTOR may, make .a claim therefor as
pmvidd in Articles I I and I'_'ifCONTR 1C170Rbelieves
that such performance will involie additional expense to
COMT ACTOR urrequires addiifonal 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 0arty to-sucha dirett coninxt'and taih.Utility
owner (and OWNL7L if, OWNER is performing the:
additional work with OkVNTR'a employees) ,proper and
site.acr%iss:to the site:and'a reasonable opportunity fix the
introduction arirf'stont� of inatcrials and.egdipment and
ided k the Contract Dmurrent& CONTRACTOR
I do all cutrirtg,!Cttirrts and patching of.thc Wank that
be rc-quired.to'make its several parts come•togethtr
vriv and integrate with such; ;other- work.
4T.RACTOR shall not endart_2r any work of, others by
fur evcuvating or otherwise altering. their _work and
onlycut oaalfer their work with the twritten consent of
M-NtER and the others whose work" will be affected'
_duties and responsibilities of CONT.R:ACTOR.under
paragmpi are for the benebl' of such utility ownersand
r mntmctors to the eaienr."that there ire rnmpanible.
EKDC i;t,1F1t u, CONW11 o i•; a ins t19v1 e66m0,
IN, wrctTrOrFORT COUAI �r�ritrica'noustiitv•timtHt)'
piovisiotwfor. the benefit of CONTRACTOR in said,
,direct contracts between.OWNTER and svchutilitTowners-
and:othcs. contractors.
7.3:. 1f the proper, execution or resents of any part of
COIN RACCORa 1V&k, depends upon work perfomted
by others under this Aniele 7, CONTRACTOR shall
inspect. such other 'work and* promptly report to
CNGINEER in writing iinydelays,- defects or deficiencies
m such other work that reorder it omnvailable,or unsuitable
for die proper`erecution and'results of CON-rRACTOR's
Work. CONTRACTOR's (adurc so to- iep(;rt,will
constitute an_acceptance, of such. other work as -.fit -and
proper Car. ,=gatturi. ,with CONTR,kCTOR's Work
erpept.(or latent or nonnpparent defectsdnd'deficiencizs
in such other -work.
Coairitidtion:
7,4 If OWNBR_contracm with others for the
performance of other work'onthe Prbiect at the site: the
folloivmg will,be setfonh in,Supplententaryconditions=
7:411- 'the person, firm or corporation who will have
authority and, responsibility for coordination of the
activities aipong'the variousprimecontractors will.be,
identified;-
T.4,21 the specific matters to.bc. covered by such
authority and responsibilitywillbe Renatzed;-.1ml.
7.4.3. 'the extent. ,o( such authority and
'respohsihiliticswill he provided.
Unless odicnns& ,provided in the Supplementary
_Conditiatis, vRrjw,•R. shall have •sole authority and
respon+tbility n reslxct iif su li:coerdumtio ,
ARTICLEtT-OXV,NEWS RESPONSM11,l n, S.
8.1. GNcept as otherwise provided .in these General
_Conditions, OWNER shall' issue .all -communications to
CQirT[v\CTORthtvugli'I�JGt�IEGR,
8;' . 'In case oC tarnination of the--employment:of'
'ENGINEER, OWNER shall appciim an enginear agkllnSt
whom-EE14'[tR;i9TOR—msk<a-n<r-reesormble-pbjecnora
whois status tinder the Con&aci Documents. shall be that -
of the -Cornier E\'Gm-rR
8.3; C)MVER sherry ,furnish -the .data .-reyuired''of.
7JWNER under the'Confract Duaiments: promptly' and
shall make *a)'ments,to;COM{L\CTOR promptly when
drip are dye as provided in paragraphs 14 4.and l d.13.'
8.4.. ( WINER's.duties in respect of providing lands
and. easements and providing engineerutg surveys to
rstAlish•refercni.•e rpoints are set forth in.parsgraphs,4.1,
anal 4.4.. Paragraph'4.2 refers to OWNT-R's identifying
and mak(rte� available to CONTRACTOR copies of
reports of exploraticns and tests of subsurface conditions
at die sire and, chwings,o( phy;ical,conditions in existing.
0
0
0
structures. at or cvptiguous to -the site that fiave been Citiiiza4
by ENGMERRin preparing the,Ccniracti_Doqiiiients,
and mauwata- 1,ia-, Pfff a 'wanod--wo-set
fa rth, I T? P M 9rh -54- thriaigh -}11 f i.
8.6. Otk N-CR is;oblieated to exewtd Change'Oeders as-
iridiodwd in I pe - riiiiia h 16 4 p
OWN-ERs res' ponsibility in respect 61- certain
ins*Lio'm'- test's .and .approvals ',s'p'provaLs is' 's`c't,- 'forth '..in,'
p6migrnfili 13�4,
8.13. In connectionWith OWNF.P's righttto-stop Work or
su.sp,nd, Work, $Le: llxlrag I raphii ui(j :and i5_i,
Pura6",ph15 2 :dculsivith�'()WNISP'i,rilght to terminate
services ofCON`17RACTOR�under certain'eircurnsta ncm,
8,9; The OWNFR slull not, nipervisq direct ci- have
control or, authority over. nor, •be responsible for:.
or toc safcty pre-Lautions,and
or flbi' any' faitum-:61'
with Iaws,anidr Regulations
CMSIE'R wili;ftot be responsible for
rkilure to perfiurn,or Urhish Lh, Work
the Contract Doctliiienm
Ricci iceet %A
Set flMth iR [10—ffoph A,
10 -6
Wifl
Adei the onUme,
LEra -a-
Supp!oentarF onsr
Conditi
ART[CLE 9—FaNGLW.FR'S 'STATUS DURING
cwgmuctiw
0W,VER's7Representative:
9.1. EN G D=- will be OWWM's reoresentatiiiti
during the construction. Fcnc�l, :rhc duti6, and
e ' ' the resmasibiIitis and timi(stions, of auihiSriry of
ENGDMER is OWNERs F5presenlaliye -during
L6ristrucuion :ire set j1dith in the' contract -Dociatients-iind
shall nEA bcexteitiled Without writterf constaivof OWNER
tZ3113- to mfe.-
9.1 FNGNEERwill m6kc.viiits to the site at intervals
appropriate to the. various, stages f construction as
ENGILNTER deems necessary in :r.iox 01:5crve as an
exdind qualified desim tiroriossional.t a prc*qs�, perience ..h- ,
U(7 D C 0 h N E 6 N D I - n 6 -, i ' 19jM (09 (1 H&iwi
W1 CITY OF FORT COLLINS mooiFicA nam5 (RLy -ir000)
that'has been miale and the
.of CONTRACTOR's exi
for the benefit of OWN'RR to
le.'U17 getteral; & the kVo'rk-' is'Proceeding. in.
Ice With, the Contract L)ceunwhm- H14OLNIERP
be re4uiitd"to make'exhau3tive . or continuous on-
lectibnsio check'Ihe'ipality or guafitity of the
ECUNSERs efforts- willbe •dircctcd toward
th ' i cOmOleted Work will conforni, derwriBy ffi the
nlrect Daaunents: On the basis of sucit•visitsarn! on -
site observations, ENO[NHEP. Will keep OWNER
informed of the progruss of thc,Work and will endiavor to
guard OWNER;iihinst iLfechtve Wa- 'LNGINHEWs
.visits * and onsitc ohscrva6ns arc'sLubjc6t.io all 'the
'limitations on ENGINEERs'authority arid, responsibility.
set 6 rih - . h Q.1 , and pardaularly. but without
.o. in?ragap or
[irritation. uring or as a result of ENIGINEER!s-on-site
visits. or oisAaticns, of coNT"crows. Work
ENGVqE_ER -will not supervise., direct,. control w,have
authority over or he, responsible for CON,r"CTOR.s
means; methods; techniques, sequenccs'or procedures of
,construction, or the safety precautions.;andirrograms
incident thercto.,nr for I arty failure Of rbNrrRACIAZ ro,
comply with Lm . �N and', Replation's applieqble to; the
,furbishing or licramance of the Work.
project Representative
93. If OWNER and RNGLNEER,agree, ENGLNEBR
Will ftifnish.a Resident Project WirescntattVa to assist
ENIGNEER,in providing more coniintiotmobscrvatiomof
the. Wo& �chc respLftsibilitics, 'and :authority and
limita I tiorm there . on or arty such' Resident ftjcct
c R*.�mtative; .andassistants will be 'as. provided i1i
Im.m9JaPhs9 3 and -9 , 13,_
e�ndiutw_B_General these Coriditions. If';OWNER
designates.6inother representative oi�'agent to: represent
,designates
site
agent or 61ptovce, the res�onsibiiities.and 4uthohW and.
lirriiwtiu.m,;th.er� of such. other . 'person, will be as
9.31. "It 1�ni lims iry mittCrS
Nrlaining to &�E�K n general; be with
rthe FXGINEEP and CONTRACTOR But, the
ReDresentative will keen !he, QX R properly
_p
advised abuuL,such matters. The :Re A ;Lajtativels
"vial with subcontractors rsubcontrai:tqrs will only be through o Pth�
_00N rR�A( FOR
:93:2. Duties and RsyonsibiIJtics:.RMrsentaLiyq
.will:
9-3.2:1 Schedules. - Revim -the •progmss
]a
schedule ,and •otlxr, schedules prepared by '(6
C0'� M (JOR• .and.. 'ctnsult with i} z
EVGLN=concanim auaotabilily.
93.2.Z Conkrences. and-. kleetimi Auend
me66n-- with the' CONTRACTOR such as.
_Oudoo confere Ies'mtri'0pa:oncnfeeuceandirn s.err�cssmea
aand.
circulate w ipisofminutesofineetirtes.
43. Z 3. Liaison
-,93.^_.3:i'._ Se'rve m ENGINEER:$ liaison
with C:ONTRACTOR:.'iycai;ine principally
throuati CONTRAC.fOR's sutienntendent to
assist the•CONTRACTOR-m understandirig,
the Contractl)muments.
9: 2.3:2 Assist inobwininatiom:OWNFR
.additional detain. or infonitatioti when
rcoukcd-for proper txc lution of the. Work.,
3.-''23S Advise, the ENCONFER'-'and.
COMI'R:\(-TOR of .the commencement of
.any. Work- rcouirine -a. Shop Drawing: or
sample submission if thesubmissiomhas.not
been aooroyed by the FNrGINFER.'
9'3,'_':d:Review of Work Rejection of•Ddectivb
L xk InspectionsandTcsts.-
—
9.3."_4.L Conduct on-siteatmrVatioKI of
the Worl. jE prattuss to.assist the ENGINEER
•in d:tertuiiiirt�at the Work i�s.prpcadine.-}r'
�nccordancc with the Contract Documents.
23,— 4.3. t\ccmnoanv, visi ing.�irisbeciIm
representing ttubGc a -other agencies havme-
jiaisrlieticm'ovzr:the•ProiecL n:cord.thz restilts
.of theseirupeamns and report to� the
ENGL\rEER
9.32.: Imerpretation - of Contract
Dei:umen[s.. Rr�rt '.lo•_ ENGLVTiiR..when
clanUa ions: and irilcMclalions of the Contract
Documents are needed -xnd 'tnrnmti[ to
CONITR-ACfOR durificatiorrand ale re'tien
of the Contract' Documents as issued 'by: the
ENGNEER
9:3.3.6: bloditicaticros.- Consider .and
evsluate COMTRACCORS .suggemom for
IEJCDC:<;ENERV. CONUMOM Ijt)S (taJU Etfiticnt,
wi Ct7Y Olt Fort4. COLLt t_ V OQn'ICA tibNS I MV,P200111`
to xliG66on iri Druwin•�s or Spec�catrcins :ind
sport: these recommendations to. ENGINfiER
Accurately- transmit _ to, _ :CONTRACTOR
Te-c- rmsissuM,by:the ENGDIW-A
913:2.7: Records.
.9.118.1. Fumish. ENGLMM- p rsndic
rem . as re( wired of L rrof±ressof the
Work : and of. the CONTMCfORS
.compliance wit tht piog�rss_scFiedule and.
schedule of 'shop Drawing. and -sampLe
submittals.
�2-8.2. Consult •witll L1VG3�EG,R in
'a&ancer of scheduling mxlar tests,
mstxciioruocstareof important phases of the
LVork.
9.3.3:83; . Drift vrop6wd.Chmtee Orders
and Work_Dtrtv:tivc,:Changes;,= obtaining
backup material from the C:ONTP-NOTOR
md_recommand to__LNGR%LT2 (--%an.e
:Orders: ,Work Directive Thahues� and- field
orders:
93:2.SA.. 'I2cpon tmmediateW to
N-GLT —M and' OWNER th_e-occurrence of
arty au6drnt:
9_3:2.9 Faymeht Rcducts. Review applications
for tncmlont _with CONTRACTOR ra complianec
idr the, established prcccdure [or 'their
submission and•forwardwith. recommendation to
9
0
0
LNGLNT-t-P, notittibartic6laky the rdtatio tsluo Or
the pmment re ested to the schedule of value
%vork completed.ea1qria1s Rnd& ant
'delivered.at the ln. the
9.3.211Y. Cum12letion-,
93 ore a
Certificate 6f,Subst=iL1_ mp 'so ,,,� W.1mil
to CONTRAC701k a. , f , items
:requiring correction or completion.
1 Q. 2: Conduct final 4upcciian. in the
campdriv` of the HiNGINFER, OWNER:and
cun,",'roR and prepare a Final' list of
items to be courccited'or completed.
.9.1-1103. 'Observe that all items on the
final ICI have been corrected or completed and
make recommcnilinims to ENGINEER
concerainot accMut nee:
9.3:3 Limittaiiiii of Authorim: ;rhe ReDrasentative shall
not:
9.3.3:1..Authorize. am deviations from the
Contract FxXtimeins or accept any substitute
materials or egoiptnent, it audi6ri7,-d by he,
9.3.3.2 F.kcccd. limitations. of'14.-NGOFER'S�
au
utholitv is set forth in the Contract Documents.
I 9333. Undertake any -of the rastionsibilitic
of the CONTRACTOR- 'Subiciintractors, or
9_QNLT_9AfTQR_•5 suL�erggnckntt
9.33:4. Advise on_br issue direvtiortt.relitiv
U). or assume control over an
mea!g� method% tecMqq�hru m §!cq4enccs or
ocedures for construction_ unless sfuch I%
3pecificalFv' called for in the Contralct Documents,
93.3.5. Advise un or issua •diiections-
regardiM. cc . assume cotjtrol over satt&.,
precautions And x ins in conliectibm %vith the,
Work:
2_.3.6 Accept Shop Drwymps qr c�Ic
submittals front anyone 'other' than . the
C:_0_W--R&(!T_0ft
9.3.3-7. .Authorize, OWNER to - ocicum : the
Work in whole or in part-,
9.3.3.8.- Participate in specialized field or
'laboratory tests or inspections conducted by olben;
exxcept' as s authorized. the
2ecificaliv authorized.
ENGINEER
Clarifications and Interprelationx:
9.4_ ENGINEER %kill issue with reasonable Promptness
such written clarificatio.m. of interpiettitio.m of the
wl cvity OF FORT COLLINS MODIFICAnOSIS tlkHvV_2000)
:requirei ents of de Contract D&uments (iii the lbrita of
DniwiP6 Or othenvLie) as.9MENE—ER"inay determine
necessary. which shall be consistent With the intent,of and
reawnably:Jnifcrable liom the Contract Etocuments. Such
written clarili6tions and,interprctations will be binding on
OWNER. And WiVFRACTOR ' if OWNER OF
CONTR,& CTOR,liclidm thaf a written- clgrif[cutic'n pr
'Interpretation juaifies an adjustruent in, the ConLmct Pi -ice
or the Conuiief Times And the parties-Rit: unable to Agree
to the a`mmil or extent thercoil if any. OWNER- or
-CONURACTOR may make a written claim tb5r;N.r1 Its
prov ided in Article I I or Artick 12.
Authorized i1iiiiati6fin, in Wvrkf
9.5, 13NUINFER may authotii,6 niir& �;ariitions in
the Work from, the requiremm I its of the Contract'
Documenui,Which,do not involve an adJiustmcnt: in the
Contract Price or the Contract Times and are.compatiblc
-with the design -concept 'of the -coin plctc,d, llroj'cct:a-q a
Functioning whulr Its indicated by the Contract
Documents. Them may bLrj=M0Iishcd.1by n Meld Order
and will be binding oil OWNER' :and also on
CONTRACTOR-whi.0,4all r..crform the Work involved
P, IFOWNrWor CONTRAMOR believes that a -
Fi .1 ustificstu) adjusifitclu in thedCantmct Prii:eor
Ati ContractTimes and,the partiesare unable to agree as
to the amount. oc uxicta. thcreor, OWNFIR, &
'CONTRACTOR may, make ,I written, claim t1weefor as
provided in.\.rtialc,l ior 12,
'Rejecting Defective Work-
9-6. ENGINEER will havchuthority to clisrpprovc or
reject Work which F\LrCrTNFFR, heliev,-i to he tbfective,
6r1that ENGINEER believes will not produce n conipleed
Project that conforms to the Conu3ct Documents; or tliat
will prejudice the inte�iiy�of the design concept of I th . a
completed Project as a. functioning whole as indicated by
the Contract
Doc6nients..' ENGINEER will also.have
authority to requjii' 'special ultsp�.crion or i"irig: of the
:Woik as provided in paragraph I . 3 . .9_ whether . or,not 'the,
Work is,fabricated, installed or completed. *
Shvp.Drawihgy, Change OrdtrsandPqypnenrs:
9.1. Ah connection with EING JNZEERs authority, as to
ShypiPr nciiwi and'Samplcs. we pan "_iph% 6.24 through
9-8: 4h. connection with LNTGnqr-.Cp!s �Riahbrity tic to
Change Orders. we Articles I V, I I. and 12:
99- In connection with EXIGINEER's uuthcRity. as to,
Applications for Payment -,we Article 14
-Ddeinninalioasfir Unit Pricer ,
9 , Ill. ENGINEER will! determine the iictual'quantitjes
and daisifiurtions of Unil. PriZe Work performed' by
COINTIRL-\CTOR. ENGWEER will, review withi
CUNHFL1(:I'Ok the' EING INFERIS preliminary.
determinations determinations on such maucrs'bcfare rendering a written
decision th6reon (by, recommaMation of,an Application
21
for Faynient or•otherw xj,E�i iG WEER's written decision
thereon will: be .final and binding upon, OIVWER and
CONTRACTOR, urdss. within ten days after the date of
.any. a'uch decision either OWNER or CONTR.:CCOR
ver delis to the other and to ENGmEERwritten notice of
.intention to appeal froni ENGLNF,FR's decision arid:' (i),an
appeal from ENGINEER'S decision is takeri within in the time
limits and . -in accordario with the procedures set forth in
Exhibit GC -A, "Dispute•, Resolution Agreement"-, entered
into between OWNER -and -CONTRACTOR pursuant to
Article hj; or (ii) if no.su_ch:Dispute Resolution agreement
has been ta&rea min, a frm oal proaealirig:is utsiilufea:by
the appenling partyin o.forum of competenrjurisdiction .to
cccicise such rights or remedies, as the appealing party ma
hsve with respect to F.NGINEER's decision, unless
othen'vise. agreed in writing by OtVNt FR and
coum A:rop, ,Such appeal will not' be subject to the
procedtacs of paragraph 9.1 L
Deeisio is on I) TO-eC
9.l1. ENGiNF.,ER will be they initial' interpreter or the
requirements of the Contract Documents: and, judge ofthe
acceptnbility of the Work thereunder. Claims:. disputes .and
other matters relating; to the acceprahility or the-Waxk. or
the: i4terpremuon of the reituirements of the Contract
Dmurricnts pErta fining to the pert'ormanee and ftiniishin,� of
the Work and claims under Articles i 1 and I2'ui n_zrkct of
changes in the Contract Price or Contract Tones will be
referred initially to fNIGlNEFR in'writing with a request
for a .formal decision in accerdancd with this. paragraph
Written notice of cach.such claim, dispute or other matter
will N. delivered by •the cla mint to LNGE VEER W the
other party to else Agreement promptly (hut inno event
later than thirty days) after the start of the occurrence cr
event giving rise,thereto, arid written stipporting: dote. will'
Wsubmitted to ENGINMER and throthcr'pany'within
sixty days afterthe such occurrence onovent unless
E-NGNLER allows an additional pericitt.of time for the
subniis,siori of'additioawl or more aa:uratc dnm in support
of such claim. dispute or other inatier. The opposing party
shall Nubmitany response to L�NGNEER and the claimant
within thirty days after receipt of alit claimarif's last
submittal (unless F.ANGINF.'ER allows. additional time):
ENGL\TE•R will render a fonnal.decision in writing within
tiirtv'daK,s after rea:eipt of the oppoeiing party "s subm- i1W. if
any,. in accordance with this. paragraph-•ENGNEER's
written decision on such claim, dispute-or•other matter will'
be final aril binding upon OWNFER_and CONTRACTOR
imdess:'(i) an appeal from ENGLNURs decision is taken
within the time limits and in accordance with the
procedures set forth in EtHTBIT .GC A. "Dispute..
.Resolutirm Agreement"'_ entered into betweenOW'r'NER.and
CONTRACTOR pursuant to Article lbj or;(ii) if no such
Dispute'Risolutiam- Amemenl, has been emered into:. a.
Gritted •nice of intention to. append from' L•i tM's ¢LNE
'written �dn:ison is delikfted ,by 0MOUL or
CONTRACTOR to the other and to ENGLvTER within
thirty- days after the elate of such decision anal a faunal
proeeedingIs ristitutcd by the:appealiret party in a forum of
competent jurisdiction to exercise such rights or remedies
as the appcalint parry may have with respect to such claim..
dispute or other matter in accordance with applicable Laws
and Regulations within sixty daysof the dame of such
EiCDC ,ENER.u, Coutx'no, b Woo navy l:tauanl
-� WICITY OF"FORT a.ULL1iS\IODIFIC4tlON5 IRE414000Y
decision_ tuilcros otherwise agreed in'ivritatg by�QLW ET;
and CUBIT RACTOR.
9.12. When functioning as interpreter and judge tinder
pars rdphs9.10 and 9.1I; ENGINEER will not stow
Mtaliry to,WNIER.or. CONTRACTOR amd will not be
liable ii-connection with any inlerpretatton.or. decision
reridcred in good L•iith insuch capaeity. Thexendering'of
a decision by ENGL\T-M— pursuant to paragraphs 9. to or
9.1 L with respect. to any such claim: dispute or other
matter(ext: Fptany.whichhave;been waived bythe.making
or acceptance of final payment :as provided• in
paragraph 14:15) will be, a condition lirecedent to any
ecercsc by OWNER or COi trR-ACTOR ot,such righter or
remedies as either may:oihenyise have under the Contract
Documents dr by Laws or.Regulations in respect of any
such claim, dispute ur other mater-pitrtatanEtc rlaiele-t6:
9,13. Limitations on LWGINEER's AythvRry and
Respnn.dbtlliier_ -
9.13.L 'Neither ENGNF.WR authority or
responsibility, under this Article 9. or under any other
pinvnsann of the'Coitmet Documents nor' any decision
madc'by IiNGmEI,R in good Faith either to exercise
or not zxcrcisc suchauthority or respomtihility, or the
undertaking, axcrcise or performance of any authority
or responsibility, by FNIiNEER-shall create, impose
or give rise to .any ;duty .owed by GNGNGER to
C07NrRAC_T0R, any Sub ontractor. any Supplier;
any other person or organization, onto any surety fax
or employee or agent U any.of them.
9JI2. FNGNFF.R (vill not supervise;, direc4
control or have-nuthority over or be iesponsihle-fax
CONTF-ACTOR'S niearis; methods: techniques,
s quciiccs or proced_ures.of construction, or the safety
precautions and progmtns iocidcnt thereto, or for any
failixe of CONTRACTOR to comply with Laws and
Regulations applicable. to the' furnishing or
pzrfominn z of the Work:, ENG �i N-EER twill not be
responsible for CONTtIZACTOR's failure to.perform
orCtintish the Work in accordance with the Contract
C)acuments
9.133- ENGfNERR will not be responsible fur the
acts or omissions of CONTRACTOR or of -any
Subcontractor, arty Sapplier, or, of any other.person or
.organization performing or furnishing.. any. of, the
Work.
9.13A..ENGLNEER's review of the firail Application
for :Paymentand accompanying documentation and
all mainlertaroMand operating instructions, schedules.
tnrarantees,. TionaLx and cirtrlicates of inspection, tests'
and approvals and cther dczurnemation required to be
delivered by tsirua;riph Rl2 will only be to
determine generally that their current complies •with
the rcquaements of. and in the rase of certiticatus of
inspections, tests and" approvals that the results
certified indicate compliance with. the Contract
Documents.
9:11i, The limitauoilsupon authority and
0
0
0
responsibility set forth in this praoph 9,13 shall nlso
apply to, C GRILER's ConsulGmts,. Resident'Project
R'eprexntativeand assistants..
AwrICI:E 10—CH:4\GESS IN':THE WORK
W.I. Without invalidating_ the Agreementand: without
notice. to.rinysurety OWNIItmay aLnny'time �or Croin
time t0 time„orderetklitions,dcleticrosor revisions in the
Work.. Such additions, deletions or revisions will, be
authorized by a Written Amen merit, a Change Order,. or a
Work •Change Directive Upon receipt of an}' suck
document, CONTRACTOR shall promptly proceed }with
lhe'Work involvedwhich 'will.'be perfurmctil udder the
applicable conditions or,the{Contract D&niments(except as
otherwise specifically. provided):
16.1 If OWNER and CONTRACTOR are unable 'to
agree as to die -edent, if any, of an :adjustment in. the
Contract Price or"an-adjustment. of the Contract Tancs•thnt
should be allowed as"a result of a Work Cha geDireetive;
a cfaim'may he made therefor asprovided in Article I I or
Article'I
10.3. CONTRACTOR'shali riot be entitled to an ineraase
n the Comunt Price Or an estensiin of the Contract Times"
"ivitti respect thaw Work performed that is not rec"uan:d'by
the Contract Decumehts as amended, modilteii and
.supplemented aspriwid d inpamgraphs 3.3 and 3,6, cx&pt
ut•the case of an emergency as provided in paragmph6:23
or in the case of-uncovaiiig Work. as. provided in
Istmgraph 13:9,
10.4. OWNER and CONTRACTOR -shall: execute
appropriate Change Orders recommended by ENGBSrEER
(or Written Amendments) covering::
10,4,1. changes in the Work which nrie (i) Ordered.
by OtVNLk-pursuentt0 paragraph 10.1,,(•ri,) required
because of acceptance of d¢fect6v Work under
paragntph'13'.13 or correcting defective.; Work under.
:panigraph 13:14,:or (di) tigeed to by ihe,pnries-..
10A.2. diariges in di6,Contract Price or.C7tttract
Times which are agreed to by thepartiesNand
to:13: changes in the Contract Price or Contract
Times. which embody the subkanie-orarry written
'decision rendered by FNG[NEER�putsuant ',to
prua6'mpk 9: I t;
provided that, in lieu ofexecuting any such Change -,Order;
an appeal may ;be taken from any .such' :decivim in
accunlonce.with the provisions of the Contract Doctiments
and applicable Laws. and Rewlations.but-durirtg any such
appeal_ COV'IRACTOR .sl all carry on the Work and
adhere to the progress .schedule as, provided .in
.paragraph 6.29_
10.5.. If notice. of any change atTecting.ihc. general "scope_
or the Work•or tlii provisiorts.pf the Contract Doi ummn
e�c ocuE, tExAb.covulno,,�i t9ltas U 7xI EJitiuii
wi a're oe roR:r COLLINS MODIFICATIONS iREv a,i0u0i
9
(including, but not iu ited to. Contract Prica:or ('untract
Times), is required by the provisions ofany Bond to be -,
to a surety,. die givira, of any such notice will be
CONTRACTOR's responsibility; and -the amount of each
applicable Bored wit]. b.e adjusted acccirdingly.
ykR'r1C t. F 't 1-CHdNG E OF COPE TRACT. PRICE'
11.1: The Contract Price constitutes the • totai
compensation (subject to authorized adjustmens) payable.
to CONTRACTOk for �vrfonating the Wcirk_ :VI d aiu,
respottsibilitics-and obliganons;assigncd to.or undertaken
by C:ONTRACEORnImll be a1CONTR.-\CTOR's expense
without change in the Contract' Price.
113. T'lic.Contract 'Piiec may only'bc' changed by a
Change Order or by a Written -AmendmcnC 1r 'clairn
for in adjustment in the Contract Price shall be based'on
written notce deli'vucd by,itic paaty.making the claifn to
the other party and to ENGINEER promptly'(but in no
event later than thirty days) alter the start W-the
incurrence or event. giving nsc.to the elaimand tating the
geneml nature of the clatini, Notie of the amount 6 the
claim with supporting :data shall bedelivered within sixty
days after the start of -such occurrence or event (unless
ENGNEF.R,aliows:additional time for claimancto,submit
additional,ur more accuratedata in support of the claim)
tend shall be ❑ccompitnied by claimant's written statement
idiot the adjustmi rit claimed.covers all'known amounts to
which the claimant is entitled as a .result. of .said
occurrence or event. All claims for adjustment in the
Contract Price :shall be deteniiined: by, IiNGINFER in
ricedrelance 'with paragraph 9. l'I' ifOWNER and
,CONTRACTOR cannot otherwise agree on the amount
involved. No.clairn Car an udjustment.in the Contract
Price will beLvalid'1fnot submitted is accordance with this
1.13. The •value or. any R4uk ,wvcred *by a ,Change
Order or of any.claim foran adjustmeni in the Contract
Price will be detennineil its follmvs::
11.3A. -where the. Work involved is covered by unit
prices" conminedt in the- Contract hoeunients. by,
application of such unit prices to'the quantities of the
items involved (subject- to the provisions of
?3
paragraphs 11-9.1.through l 1,93: incliisi4 )
11.3.2. where ,the Work involvedis not cavcred by
unit prf(xs contained in he Contntct Documents, by a�
mutually, agared payment basis,`includiilump sum
(which may include'an. allowance for overheadand
profit not necessarily in accordance with
paragraph 11.6 2);
11.3;3. where the Work involved, is riot coveted by unit
prices contained .in the, Contract :Documents' and
ayReemrnt to. alump sum is nut' retched under
Ita,It
,graph 11.3.2,on the hasis of the Cost ai the Work.
pa
numed.as provided in paragraphs 1!.f 4 and 1.1,5).
plus a CONTRACTOR's fee for pv�hesad and profit
(d. tennincd:as provided in pamgraphl.l'.4
cast of the IVrirk.
1 l_4. The term Cuss of the Work mean the sum of.all
costs necessarily mc urred aril paid -by. CONTRACTOR in
the proper pnrf ertnancemof the Work.. Except asotherwise
limy he agreed to in writing by OWNER;:wch costs.skdl'
via
amounts no higher than those pievitiing in the
locality of the Project, shall include only, the :following
item% and'shitll not include any -of the costs.iteniizedin'
paragraph I 1 +:
11.4;1_Pa)Froll costs for cmpI6Wcs in the dired
employ of C ON'17R (''TOR' in the pertommance of the
Work under schedules of job. cinsitications ngreed
upon, by OWNER and CONTRACTOR. Such
employees shall include without .limitation
superintendents, firemen and other personnel
employed"full-time .nt the site. Payroll costs (rw
eitiployeess not empioved full-time on the Work shall
be apportioncd'on the basis of their time -spent an the
Work: Payroll costs shall 'include. but nex be lmm tied;t'
.salaries and 'wages plus the: cost.. of fringe 6encfit%.
which shall include social security contributions,.
unemploptient trcise and payroll tortes,, workers'-
ctanper>satibn, health and�retazrnent benefits, -bonuses;,
nd-holick)ypey applicable hereto.
The. etipenses of performing. Work after h:gular
w6rkmq hours, on Swurdnv;,Sunday or'legal holidays.
shall ba iIwUuded•in the above to die. extent authorized
by,Ot WM.
I:I. i?. Cost of all materials and 6pipmem furnished
and 'incorporated in the Work including costs, of
transportation; and storage thereof:,and'Supplied field
se iccs required ire coru>rction therewith. AR cash
-
disc:ounrs shall: -accrue to CONTRACTOR unless
OWNER deposits funds with CONTRACTOR with
which to make payments, in whieh,uae the cash
discounts shall accnttt to OWNER'. All trade
discounts. rebates and.refunds and -returns front add. of
surplus materials and tquipmenF 'shall accrue. -to-
OWNER. and CONTRACTOR shall make pro'visiurts
so that they may be'obtained
11.4.3. Nymcmm made by CON I'R..\cr }R to the
Subcontractors for Work performed or furnished by
'Subcoritraciors If required hV '0%VNER,
_4 EJCDCCjENERAL CON,D1Tf0ti 19iy.8(100 E66M)'
tv/ C1TY OF FORT CULLS} MODIMCA r1ONS IRt•�y 1f2000)'
CONTRACTOR shalt obtain competitive bids from
Subi:oritna:tors.. acceptable to OWNER' and
CoNTRACToR arid, shall' deliver such bids, to
OW' ER who will then determine, with (he advice of
ENO MER_ which bids; if any, will be accepted. If
anv subcontract provides that the Subcontractor is to
be"Raid on the basis of Coit of the Work plus a'fec,
the Subcontmctor's,Cost of he Work andfee shall be
determined inthe same manner as CONT MACTOR's
Cosi of the Work and fee .as provided in
ptimattphs[ 4, 113 11_6 ,and II1- All
subcontracts shall !x subject io the gther.provisibrns of
the Contract Documents insofar as applicable.
I IA4._ Cosis of special consultants -(including hui
,not limited to engineers, 'archttccts,• tesmng
laboratories, surveyors, attorneys and accountants)
employed' for' services specifically related -to the.
Work..
1.1.4:5., Supplemental costs including the.following
[lA.5:1. fha proportion., of necessary
.transportation, travel and suhsistenceespertses.of.
CON'fRM,TOR's .employees. incurred in'
discharge of dulies'conneciLd with the Work,
1I.4S:2: Cost, including trans1xination heir(
rmainteriance, of all .materials, supplies.
equipment, machinery,, appliances, of ic: and
temporary'tacilities at the siteand hand tools not
owned by the workers, which,arc consumcd in the
performance of-dte� Work, and ci%vles5.markct
valueof such items used but not consumed_ which_
remainthc propcnyot CQNTRr\GTOR.
11.4.5.3. Rentals of all construction
equipment and machinery and the parts thereof
whether rented'fronf Ct>NTP,%CTOR or others m
accordance with rental ayrccm�.nts:approved by
OWNf RWith the;adviee:of UNGINEER'a»d the
costs of transportation; loading, unloading,
installation, -dismantling and removal,thereof'all'
in accordance ivith. terns: .of said rental
agreements... The rrnml of -,my-such equipment
machinery, r' parts shell cease when theuse
thereof is no, longer necessaryfix thc,tVork,-
1.4.5.4: Sales, consumer, `use or similar takes
related to Ahe 'Work 'and; {air which
CONTRACTOR is liable, imposed by Laws and
Rts,tilations.
11.4.53. Deposits lost for causes other than
negli`ence of CONTRACTOR arty'
'.Subcontractor or ianyene .directly or 'indirectly
emploved by imy,of them or for whose acts any
of then may be liable, and royalty pavinenis and
fees for permits and licenses.
11.4.5.6. Losses and damages (and related
expanses) caused, by damage -to he Wort:.. not
compensated by iruurarfee or otherwise. sustained
by CONTRACTOR in eonnecrinn with the
0
0
0
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.
They also recognize the delays, expenses and difficulties involved in proving in a
legal preceding the actual loss suffered by OWNER if the Work is not completed
on time. Accordingly, instead of requiring any such proof, OWNER and
CONTRACTOR agree that as Liquidated damages for delay (but not as penalty)
CONTRACTOR shall pay OWNER the amounts set forth hereafter.
1) Substantial Completion:
One Thousand Dollars ($1,000.00) for each calendar day or
fraction thereof that expires after the thirty (30) working day period
for Substantial Completion, of the Work until the Work is
Substantially Complete.
2) Final Acceptance:
After Substantial Completion, Five Hundred Dollars ($500.00) for
each calendar day or fraction thereof that expires after the five (5)
calendar day period for Final Payment and Acceptance until the
Work is ready for Final Payment and Acceptance.
• ARTICLE 4. CONTRACT PRICE
4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with
the Contract Documents in current funds as follows: Nine Hundred Sixty -Five
Thousand Six Hundred Fifty -One Dollars & Twenty -Five Cents ( $965,651.25), in
accordance with Section 00300, attached and incorporated herein by this reference.
ARTICLE 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Article
14 of the General Conditions. Applications for Payment will be processed by
ENGINEER as provided in the General Conditions.
5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on
account of the Contract Price on the basis of CONTRACTOR's Application for
Payment as recommended by ENGINEER, once each month during construction
as provided below. All progress payments will be on the basis of the progress of
the Work measured by the schedule of values established in paragraph 2.6 of the
General Conditions and in the case of Unit Price Work based on the number of
units completed, and in accordance with the General Requirements concerning
Unit Price Work.
9
0
prLfrmnne;' mid' furnishing of, the' (except
lix a , Images within the deiluciiblc•amou'rits
of arlNinswunce'6stabliIslicl bv'OWNT.-A in
,a with,paragraph -59): provided they
leave -resultcd .from cii4;is, offirr -than -the
n6izligen6e of - CONTRACTbRl
..Subcontractor, or miyerie directly or indiri&tly,
:mpkiyed by anyuf them or for whose, acts', 'of
any
them may be- liable: -84ch "losses -shall ;include
5ettlemenis made -with the: written consent, and
;ippr&viil'of OW' ER-- No,such losses, damages .and expenses shall be,included Cast of tic
Work. leir• the , purpose of determining,
C0YrRACTbR:s fee. IC howevcr. any such Ims
or, damage . requires reconstruction -.and
CONTRA( TOR is placed in charge thereof,'
CONTRACTOR shall be pjidi for s&rviccs it fee
proportionate to diatstatcd in paragraph I L6.2.
.11.4-5-7- The cost of utilities, fuel and sanitary
facilities at thcsitc.
I , 1.4.5,S. Minor c.�penses such as, telegrarnii,
long distance telephonew ' mlL%jelephowmce at
the sitc�,cxprcssagc and similarlpettymmsh items in
cbrino&d.on,with the Work,--
11.4.5.9: Cost of premiums foridditionial,Borids,
and insurarwo :cquired bec.ausoI of 61umcs in -the
We&
1115: The term Cost ol'the Work slatlfnot includcany,of
[he. follow in . 3:
ILSA- Payroll. costs and &hcr, compensation- or,
(70\-rfRACTOR'sI officers,. executt . ves, p I rmciTals (of'
fyjnriership an&sole iet proprurships). genciiiI'manage nk.
_.
engineers, architects,.estimators: attorneys, 'auditors..
accountafiLi, purchasirig and '-6ontractirig 'agerits., -
expedifefs" -timckoeperi,-, - cliLs and 'oth& pe mmiclr
employcd'by C0N1TR.1CT0R,whe1her.at the site or in
CON-FfRQ&&R's principut or ia ISFarich, 'office, for
general adin iristration 61 the Work and not specifically
included in the agreed' upon schedule. -of 'jai)
classificationsreferred to, in parajraph 1 1'.4-1' or
specifi8uv 6ovired 8v,paragraph 11,4 .4--aU 6fwhich
are to be considered administrative costs oavekJ by,dic,
1 1_5�1 Expdrit;cs,of CONTRACTOR's principal and -
branch offiiies othr than 'C.QNTRACT0R`s office at
the site.
1,1:53. Any pail of, CONTRACTORs i%piwP
e.Venses, including interest ow CONTRACTORS:
capital employed for the Work and yhdra ai t.
CoNin,VCT61i f6f.deliralucriL payrreints.
19.5.4; Cobt of preiniums (be all Bonds and for 'all
insurance -whether or not CONTRACTOR:is mjUtr'ed
by the Contract DoLunienis- to'
purchase afid maintain
theof prcmlums covered by
'subparagraph I t;4.5:9 ubo4.)' '
W/ ary oFfoit r COLLINS MOD HrICAMNN NO
9
c4ts 44d. to die, neglige= 6 of
CONTRACTORany :Suh6cintructor, I or anyone
Lbrectly or,iridiv:cdv:cmpIovdd by any of them. or for
whose "acts aq *of ihieril may be, liable , including but
not -limited to., the correction of a1qjktn-e,'%Vork.
4L,posal,cif maiLfinls,or.eq6ipmnt
� . - . wrongly
gly supplied
ana'aii-1kin6 g6dil'any damaue'to property.
1.5.6. Othcr,o;ecrhead or general 41xnse costs of
�n_ y "r and'the costs of any -itcrin not spectG allvand
inchi.ded in *agiuph I ! A
11'.'Cv the; C0N:CRAC1T0R:i fee, iillowed to
CONTRACTOR"for overhead and profit "it be
.111.6. V a mutually acceptable fmcd (ce:,6r.
11.6:11f a fi;Nedr"f - cc " isI riot iigi-ced upon, then a -fee:
hired gn the 6011mving percentages of thc< V,ari . aLT
purtions'cif theCost of thelVork:
X
11.6.2.1.. for:costs: 'incurred uridsr
ramoplisfl.4.1 and 11 A!; the
CONTRAC'rOR's fee RKilLhe fiflLcn percent,
1116.12: for costs incurred under
parigraph 1143, the CONTRACTOR's'lee shill
:be five er&nr.
pe .
I IA 2.31 where one, or inure tiers of
suhccmtractsarc mirthe Msis'61(:ost,of the Work
plus afee and,nb fixed Ice: is agreed-uporL the
•intent of p:uagraphs.'tI_4.1, 11-412, 11-43:and
11,6,2 is : that t . he Subcontmc6r who: actually
performi or.titraWies theWork, at.whitever tier,
and that any higher tier
)NTP)ttCTQk will each be
11.6.2.4, fid ke shall'lie payable on the basis
6fe , asis itemized imdifp4ra6raphs 11.4.4, 1114.5
and I I. S 1
I 1.6.2.15i theamount of'oredit to be allowZd,
try; CONT]RIACT , i
0&' to OWNER [,it any. change
which results i'a net decrease n cast will he the
ariount of the actual net.decrease in coat plus a
deduction in CQ-_N1TRNCT0R$ fee bv'm amount
equalto five percent of SLiClIf rictrdocrcase: and
11.6.2.6; when both Additions ind,creditii are
�invol_ved in any one chdiige, the adjustincrit -iii
C0KIR1%CT0IZ!s [,&.shall'bo vomputedIvn the
basis of, the net change in acoordance with
paragraphs 11.6. 2] through 1 L6 i, inclusive.
11,7 Whenever the cost, of any Worlz L% to be
'deteririned pursuant to paraexaph; 1 l a and, l 1:5:.
CO`ITRAC'OR will establish and .maintain records
thereof in aecobdahce.jcithgenerally accepted:accouhting
prwkes and'submit_in tbnn acceptsble to DXFO NE8,R an
itemrred cost 'hreakduwritw:ether with supporti' data:
66,411mvances.'
-11.9. Alt'4ura erstood that CONTRACTOR.has included
•in'the .'Contract Price.�all allowamcs. sot named m'the'
Contract Docitmerits.an d shidl'causa the Work so.c&ercd
ln:lti Cumisticcl arul performed' for sueh sums as may 6e
acceptable to OWNERand FANCr[NF R 'CCJN`fRAC.'l'OR
agrees that:,
;the allowances include the cost, to
CONT R.4C T OR. (less any applicable: trade discounts)
of materials and cquipmentrequtrcd by. thin allowances
tube delivered at the site;.andall applicable tales: and
I.I:S2. CONTRACTOR's costs for unloading and
Handling ort,the site, labor. insmllatiori costs,<overheatd;.
profit and., other expenses contemplated :for the
allowances; have been included 'in the Contract'Price.
and not in 'the, allowance and nodemand for
.additional pay°menfon,account of -any of the -foregoing
will•bc valid:.
'Prior to_linal pnvment an appropriate`Change Order Will be
issued as mcotttmcndcd by` FNGINF.F.R to,rellcet,,achatl
amounts 3tre :CONTRAarbRon accotint of %York covered
by allowances;, and the ,Cdritmct Price shill tie
corresporidingly adjusted.
1,1A Unit Nee IMOrk:
11:9a. Where the Contr'actDo&untcntsprovidetllatall
or;part of the Work is to-1 e unit -Price Work, initially
the Contract Pnce,will be deemed to include lor.elL
Unit Price- VVoik an amqunt .equal' to the suttl- of the
establishcd "unit _prices, for _tch separaiely identified
item of Unit PriceWork: times the estimated quantity
of each item :as indicated in die t\gieement The
estimated quantities oC•itims�of, Ijnit Price Work are.
not; guaranteed and are solely for the purrx of
comparison of Bids and determining an initial Contract
Price.. Determination of the actual' ,qu entities and'
classifici.ations of Unit Price Week. performed `'by
CONTLALCTOR will. be made ley' LNGLNEER in
accordance with p.amyoph:9'101
1-1.9;2. Each unit price will be deemed to include an.
amoum considered by CONTRACTOR io,be adcquatc-
to cover CON'tRACTOR's. overhead',and profit far
each separatelyiclentifieditem.
11:0.oWt`fER or CON'[RAC_TOR may make a
claim .Cor anadjustmemin the :Cuntract. Price in
uecordancewith articled if.,
1 1:9.3.1. the quantity of any item of Unit, Price
Work performed'6 C0hJl7R\CI'0R differs
mawrially and significantly from. the estimated
qurnpty nf•such item indicated in the AgreanenC;
[JC DCGkNMXL C:ONUITIOM IJ IV-3 099V EJiliml,
tv/C1lY OF FOR'PCOC[:1hS 11C1f)1h16'rlONS lttGy-I r1060i'
and
p1 9.1,2, Lhere' is no,cu responding adjustment
avith.respectta any other item of Wurk-and
l',l'.?_3.1 if CON'FRba(,TOR believer= tat
-CONMACTOR is entitled to an'-inarase in
CaintmCt:;Price. as .a. result. of -having, incurred
additional'.cxpense or.,OW'NL•R believcs that
O\VNER is entitled tea d«reasro m Contract Price
and the parties, are. ;unable, to ,ages as to the
amount oFanv cer such increase or desse.
11.9:3A CONTRACTOR acldtuMmk s= tat
the OWN ER hasthe riehttoadd or delete items in
the Bid or ch;tm: -quantities au QWN3 F.WS- sole
discretionwithoutaffectiriL•the Contract'. Price of
.am rcmaining�-itcm 'sci'lorig. as. -the deletion or
additiun duesnor exceed twenty-five perccrit of.
the oribinal:total Contract Price.
ARTICLE 12—CHANGE OF'CONTRACT tv ms
]II, 'Elio Contract Times (or NJilesfoncs) may only be
changed by a Change Order or a Written Avnendmt nt.
Inyy claim for an adjustment of the Contract Times (or
blilcstoncs) shall be (rased on' written notice delivered
In-
the,party anaking_ the.claim to that other party- and to
F.NGINFFR promptly (hut in nor 'evcrit later than thirty
da)s) after titcoccurrcnceof•the event.givittg rise to the
claim and stating.•thc general nature of the claim_ Notice
prahe extent'of,the claim With s iprortiiny data shall tee
delivered ;tvitltitt stay days alter sheet occurrence (unless,ENGINEER allOws additional time: to ascertain.m6le
accurate data in support of the, claim) and shall be
accompanied by :the claimw'swritten statementthat the
adjustment claume d is the attire adjustment to -which the
claimantl s [ea`soh,t0'heheye it is entitled as a'result of
the: occurrence ofsaideveht: Allclaims,Cor adjustment in
the, Coiaract Times (or Alestbnes) shall be detemiined by
ENG[NEFR in, accordance•wah pamgraph;9.11 tf
OVNM anal CONTRACTOR cannot ottei cvi5e awes:
Noclaimfor an adjustmotit in the Contract Tithes (or
kftlestories) willbe valid if not bAibmitted"in accordance
Withthe requi'r d' mts of"S para�raph�12.1.
12,3: All'tune limits stated'in the Contract Dcettments
arcuf the essence of the agredmem
123, Where COiQTRACTOR is prevented fromcompleting: any 'part of, the Work within the Contract
Tintes,(or iWesuutes)'due to delay'bewrid the.contiol U'
CONTRACTOR; the Contract Times (or \,lesions) will
bet extended m an amount 6jual -'to time lost clue to ,Uc'h
delay .if a. claim is made therefor .as, provided in
paragraph 12. F. bclays beyond' the` control of
COtiETR\CTOR,shall'imlude'bot not lie limaed to, acts
or neglect by 04W'ER,. acts or neglect of utility owners. or
other ceintractors perf.a ing other work as contemplated
by :krticle L hies. tloocls, epidemics. abnormal weather
conditions or acts. of Ged.. Delays attributable to and
9
0
0
0
9
within the control of a. Subcontractor or Supplier shall be
deemed to be delays within the control of CONTRACTOR
1'__4. W-1cre COZ\,7RACTOR is prevented from
.completing any part of the Work within the Conuact Times
(or Milestones) due to delay lievo'rtl the wrtroF of .both
OWNIM and CONTRACTOR .an a -tension of the
Contract'Tiines (or Nfilestones) in an amount equal,to.thz
time lost due to such delay shall be CONTRACTOR•s sole
and exclusive remedy 'for such delay. In no event'. shiull
OWNER, be liable to.CONTRNCTOR, any'Subcxmtractor,.
any Supplier; -any other person or organisation or lo,arry
surety for or. employee _or. agent. of any of them; for
damages arising out oC of resulting from (t)delays caused*
bJ` or within 'the control, of the CONTRACTOR, or
(u) delays beyond the control of Kith parties incltid'uig' but
not limited to. fires; lloods,epidemics, abnortral. weather
conditions,.acts of Gnd'cr.acts7or neglect by utility owners
or other contraua rs,performmgother woirkas'contemplated
by Artie c7:
ARTICLE: "t1—�rFsrs xm) 1NspF. TIoin.
CORRECTION,NFU\•IOV.AL OR ACCF;.PC,\NCE,ov.
DE.'VEYT/VE- WORK
11.1. Notice0fDefras
Prompt notice of all defective Work of which OWNF.It or
LNG[ EER have actual, .knowledge will 'be givcn'.to
CONTRACTOR All •de(4- ivo Work, may be rejected;.
corrected or accepted.as &6vided in this Article H.
Accetr tin IVork:.
13:2: O}VNER'h�lGlN2-ER,'�iGL�rEL•R's Coitsultams;.
other representatives-, and personnel: of OtyNEP,
midependonrtesting latigmtorics and govcmmental agencies
-withjurisdictt6nal interests will. have access to the Work at
reasonable=Banes'. for their observation iruipectiAg, and
testing: CONTRACTOR• shall provide them proper and•
safe conditions for ,such access and advise them, of
CONTRt\CTORS'site safery,procedures and programs so
that they may cyiiiply ate rewithas applicable
'Tes7.vand Inspections:.
133: CONTRACTOR .shall give ENGINEER timely
notice of riztdiness of tic Work,{of tall reyu'vecl tnspectiOnS_
tests or approvals: mxl strall couperete•wah inspection'and
testingpersmneNO facilitate required nspections or tests.
1:3.4. •O%VNER shall employ and pay fur the.serviixs_ of
an -independent testing laboratory to', perfurm: gull
auspccticns, tests, or 5pprovals required by the Contract.
Documems.except:
13.4.L for inspections. tests or -approvals covered
by, paragraph 115below-,
13.4.2. that costs incurred in connection with 'tests
-
orr inspections conducted pursuant .to pamgrapb I30
FJCUCO6'NtR.u;,CO:VDI'ntitl' t914F1 ti rJtl E�tiliinl.
Vi ary OF FORT' COLUINS \IODINCAnONS tltt3V dROaVi
below :shall lie• paid as, provided in'. :said
pamgmph 13i9; and
13..3. as Otherwise speciEcvlly provided in the
Contract Documents
13.5. IF Laws or Regulations of any public body
fica
having
jurC4iction require any Work(or, part thacot) specilly
.to be .inspected, tested or approved by an emaproyee or
odic reprcsentattve of such public body, CONTRACTOR .
shell assumefull reswm%thifty tor' arranging and
obtainingsuchirspectiontests s. or approvals, pay sll costs
,in connection therewith .and Furnish. F,NGI,YEF.R. the
reyuimd certifiailes -of inspection, or .approval,
CO NWRACTOR shall also bti mTonsihle'far arranging
and ohtiining and shall pay all costs.in.conncction with:
any inspections, tests or, appruvalsrequired for OIVNER's
and 0IG WEER's acceptance of:matcrials or equipment to
be incorporatcd in'thic•Work or of materials, mix dcsicpts,
,err equipment submitted. "tor. approval prior to
CONTRACTOR's purchase thereof fur incorporation -in
1 4; 1Ifany Work (or the work of ethers) that is to.be,
inspected,: tested -sir approve 'is cnvcredi by
C0\17ki\CTOR without 'written concurrence, of
ENGINF:F:R', it'must, if rcqucstcd.hy ENGINEER,,be
Uncovered far observation.
13.7: Uncuvcring, Work as provided in-ptmgmph 1.3.6
shall. be at CONTKACTOR's expense unless
CONTRACTOR: has given FNGINF'F.'R timely notice of
CONTRNCTOR's intention• to cover :the. same and
ENGINEER has not.acted with reasonable promptness in
response ao su6n'ciace.
flrrem•ering Maki:
I}:S•-If:uay Work is.covcred!cyntmry.to the, written
rcqucst. of ENGINEER it must. if requested" by
CeVGINE6R be tirtomrei For EINGPIEER's observation
and replaced at COVT2ACTOT.i expense..
13.9. If ENGNIMER considers it necessary or.advisable.
chat covered Work be observed by. ENGWEER or
inspected or, tested by others. CONTRAC70R, at
ENG[NIEERS ielucsr. sitall uncover, c. po or otherwise
make,available'for observntion, inspection or testua_!.as
LNG IN may rcyuiie; thatiportion of die Work in
question. furnishing all necessary labor; material and
equipmient, If it is •Pound that such Work is defecdi•d.
COMMACTOR shall pay all -chines, •wsls, losses•und
damagcs.caused by,.arismgout of or resuliing firma such
uncovering, esrc pgsu, observation; inspection and testing,
and of' satisfactory. -replacement oc 'reconstnction
(including but not. limited to all. _custs, of repair or
replacemera of work of citheci):' and OWNER shall -be
entitled to anappropriate decteasein the Contract Price,
anil, if, the parties are, unable to agrce.us to the amount
thereof, may make a claim therefor as provided* in
Article I L It, huwever,:such Work.1s.not. found to be,
rkjtdise, CON:TRACI'OR shall he allowed an inixcasc in
the Contract'Pricie of ancxtension of the Contract Timex
(or Milesiones), dr both, directly "aprihiah.hle to such
27
uncovering- ex.postire, observatitxt: 'inspection testing,
replaeement .anal reconswetibn•; and,. if -the parties .are.
unable to tree as to the amount, or extent .thereof,.
CONI'RACfOR may make'a:claun therefor ss provided in
Articles, I.L'and t1
01PN'ER Mav Stop the !Fork:
13:IU: (fe If the Work is ccrive,. or CONTRACTOR fads
to supply ssflicirnt skilled workers or suitable materials or
equipment✓ or foils to.1'umish orperf6rin thi Work insuitia.
tray that'the oompletied Work will conform to ilia Contract
'Documents, OWNER' may, order. CONTRACTOR to stop
the Wa& or any portion thicrcof until the cause fur such
order has keen eliminated;, however_ this rigti of OWNER
t6. stop the Work.shall riot give rivc to:tiny duty on.the p:tit
of OWNER to exercise this ric}tl for the bencat of
CONTRACTOR orany. surety or ather party.
Correction or Removed of Defective Work
13:11. If required by F.•NGINtFM CONTRACTOR shall!
prompily, as directed., either correct all d feediy Work,
whether or not fanricnted, installed or completed, or, if the
Work has been rejected by FNGINf:E•-R. remove it front the
sjtc and replace It. with Work that is not defective.
CONTRACTOR shall pay,all• claims, costs. losses; and
damages cnt i d by ar acsulting from.. such correction or
removal (including bait not limited, to all costs of repair or
replabementof tear, of others),
13:12.' Correction Period•.
13.12.I,If within -one—year two tears after the' date of
Substantial "Completionor"streh longer period of time as
may be prescribed by Law•s:or Regulations or by the
terms pfany.applic,ble special,guarinroce required by
the Contract Documentsor by any specific prbvisibn of
the Contract Documents , any Nork is found: to he-
avfective, CCINTIZ.ACTOR.shall promptly, without cog
to 04Wi tiR and in acc rtLiiice, with OW.IGR's writwn
-instructions: (i) correct such defective Work; or, if it has
been rejected by OWNER. remove it from the site and
replace It retchWork that is not defective; and (ii)
satisfactorily corrector remove and replace anydamage
to other Woik or the work of others:resultingtherefrom_
If CONTRACTOR does not promptly comply with the
terms of such instructions, or in an'cmcrgency•wheru:
delay would, cause serious risk of loss or damaa ,
OW! IER may have the defective Work cc erected or the
nhcctzd Work removed and replaced, and all claiias,,
costs: losses and'damages caused byorresulting from
such removal.' and replacement (including but not
limited to all costs of repair or replacementof work: of
others).w•ill be paid by, CONCRACTOR
13.122.fn Special circumstahers where it ,particular
item of :cµuipmeru .is placed in continuous service
before. Subsuotial' Completi6n of all the Work, the
correction period for that item Easy start to rue{ frum'an
earlier tiara if so provided in the Specifications ur-bv
Written :Am cndnierat.
13.121,'Wheie yte/ecrrve Rroik (and oamagev to other
'WI)COPNER\LCONUr'noiz igoj)s i199u E6titro
Iv/CITY Oar PORT COLLc. S mobi lCA'ttON5 tRh% d hn(joP
Work resulting thaetiom), has been corrected,
removed oraeplacgl underdtisparagmph 1302; the
correction period.hereurider with respect to:uv Work
.wilt be extended for an additional period of -Erear ne-y
two vears uRer such. correction or remrnal and
replacement has been satisfactorily cotiipleted;
tccepranee of Defective (York:
13.13, If. instead of requiring correction or removal and
repl wment'of defective Work, O1Wi MCanil, prior ter.
IENGINE6R's recommeridation of Gnal. payment;. alsu.
NNGINERR),prefcrs to accept it, OWNER may do.so.
CONTRACTOR shall pay, all claims. costs, losses and
damages annhutahle. to OWNFR's evaluaticin of and
determination to.accept uch defective-W6rk (such costs Eo
be approved by EN'GIN ER as to*.reasorubimeis). Ifany
such acceptance occurs, prior to. ENGINF:h'R's
rccommendauon:yf final paymart, aalmnge Order will bo
issued incorporating the necessary revisions in the,
Contract Deculnents with respect to. the Work; turd
OWNER shalllie entitled to mi appropriate decrease in the
Contract Price, and, if the parties arc unable to agree as to
the omount thereon-tOWLlEk mpy.tnake a claim -therefor
as pnividcd in Article 11..If the acceptance occurs after
such;rccom ncndatton, an appmpriatc amount will he paid
by CONTRACTOR to OW NF.R.
01PNER,%layCorrectDefec6Ye Work:
13.14. If CON1'R_A(. fOR hits withina.reasonabletime
after written notice From ,fiNG INIEFR. to carrccb'dzf chine,
Work.oitti remove and replace rejected Work as required
by RiIGFNF.ER in accordancewith ppragraph )3:1 t, air if
CONTRACTOR'fails to perfomt the Workin accordance
with the Contract Documents: or if CONFRACTOR (ails,
t6 damply wiih -any other p16di_sion of the Contract
Documents. OWNER may, aftei seven, days• written
ruticeito CONTRAC-70R•correct and remedy any such
deficiency: In exercising the riots attd remedies under'
this paragraph OWNER shill proceed expeditiously. Ili
connection with -such corrective and .remedial action,
hWNER nmy,excludeCONTR:\CfOR Gtiii allor part of
the site. take possession of all. or part of die Work, and
suspend Cr}NTRACTOR's services relnted thereto, take.
possession of CONIRAC•TORs tools, "appliance&
rorutruction ecluipmem machinery at machineat'the site" and
incorporate in the Work, all materia Ls and equipment
'stored at the site. or for which OWNER has paid
CONTRACTOR'• but which are stored elsewheri.
CONTRACTOR drill 'allow OtFNIHR OW ER's
reprrsrNatives,. agrnts.and� rmpluyees 01Wi Eli'sother
amtractors and ENGNEI72- and .LNGINEER's
Consultants access to the site to enable OWNER to
exercise.ihe rights and.remcSGes under.this pamgmph, All
claims, costs, losses and damages incurred or sustained by
OWrNGR in exercising such nuts and remedtics will be
charged against CONTRACTOR and a Change Order will
be .issued incorporating the neaxssuy revisions in thc,
Contract' Documents. with respect to the Work. and
OWNER shall bi entitled to an •appropriatedecrease in the
CommctPricc, and- if the partics arc unable to aaroc as to
dic:amount thereof. OWNER may make a clai n therefor
as.provided in :\ruche 11. Such claims, casts, lossea and
10
0
0
ortiages will. include -but nor be 'fintited,to- all CWS oP
repair or replacement of work uf'others destroyed, or
damaged' by correction removill of teplacariend of
CO NIT ItAf ' TOR's'ckfectNe Work CONTRACTOR ,hall
not be utlowe'd•mi e.,ct�ensicn of the Contiracv_,Times (oi.
'milestones) hecaLse of any delay in-Nrt . ormance of the
Work attributable to thiaxtrcise by.OWNIM of OWNERs
rights and remedies hereunder.
ARTICLE 14—PAY11tENTSTP C0i 7R,AGT16IRJ%_AxD.
- Scit eefu le'of- I ralu es.
AM.,
paragraph 2,9 %vill sA-c as'aic basis f6r progress payments
and,will.be incorpomtad into a. f6rn of App lication' for
Paj,menf. acceptable to FMINTEERL. Progress pa yments on
R6countof Uiiit'Prim Work will be baserl, on thenumber cif
unit% completed..
�4pp[iMiiniefocPfogresi-P,viti.eist.
142..-\t(cast mve6tyda%�sbLfofethe date:6tiblishcaftir
each progress payme-ni (.bia not more often diiiin.olice- a
momh). CONTRACTOR shall submit to INGWEE R_ RT
review an Aplication lbr Psyment. hided out and signed'by'
COiFfif-ACCOR covering, the Work complated,ris,of a
(fate of the Applicationaccompanied accomp�b); 'such
supporting documentation a I s - is required by dta Contract
Qocumcnts: if. payrricnt is requested on the bssisor
materials and equipment not incorporated in the Work but
deliveied.and wita* stored at the iitc'or .at,arxither
location a&eW to in w6tifig, the'Application for Ny-m-cnt
shall also Iso& accompanied by, a'biU of silc; Invoice or 6tfer
documentation warrandniz ihat,OWNER, hns'received, the
materials and cq6ipnie6t7frce and clear of ill Liens. and
evidence that the mit]erinls; iiid equip't-iient are covered K-'
appropriate property �uisuraince an,d,othei arrangementsi to
protert OWNIXi inferest therein, all of which will be
satisfactory; fo-OWNFR. The amount of rcufinal;c with
respect -to progress Payments will be as stipulated in -the
COSMICTOR's- Warmni ' I, of Tldc-
143. CO,-NTR-,kC-TOR.'Wu'trant,%arid,ggar[intees.thitt tide
to all Worli_ inaterial ' s and equipmen.poratct'covered� by,:any,
IWIiCafiL�I'fiar_ Payment, whether incorporated in the
Projector not., will pass to 0,VVNER no, later than the 1ime
qrpayr�e . at Ifee and clear of all-Lians,
14.4. ENGENEER,will, within'ten days after'receipt of
each, Application far:Paivmicnt, eitlici. indicaiein-,%viriting. si.
(1990 E664u,
,V/ Ciry OF roR r I COLON; M . 0 , DINCATIONS 1RffV,P1C(Pj;
R, or
in-wT
may make the"riccessary corrections arid ,resubmit' the
Applicatio * n., 'Tan 'days after presentation of - the
Appficitio'n' lor.paymenit to bkvL\Tm-with eimmms
rccandiend6tion., flie amount recommended will (subject;
Ito the provisions of the Iiist-sentence of paragraph 14j ).
becoae:due and when due will be poid1by, owXim.to
^^� A
14.5. HNGINEWs recommencirtiort,of.-onV payme . at
requcstcll in an Application for Pay ment will,constitute'a
representation by, HNGINEE i R" to O%VNkFFR,' based. -on
PNG NiFER's on-site'ohnervatiorts of the executed 'Work.
oun experienced and,qualifict! aesi67f P F-Uressiom]il and'on
FNGIINEER's review .bf the Ap'-pli'ation tor Payrunt. and
die aciiompinyinz data and schedules, thut to the`btiit ' of
+iNGINHER's knowledg$ infoin6tion and hel [cf.
14.5.1 the, Woric-, his progf&sad to :the point
14. 2! the quality, of the Work I.% :gcnerilti- in
accordance,w ith the' Coritmet Dceuments (iobject-to-
.WeValuition of the Work :in a,fuinctioninj whole
prior to ti upunSubsufntial Completi* to the results
of,any -subsequent tests called, f6r dri the. ComrI
()Pcum6ts; to final aoterminstitIn of quantities and
classifications ' for Unit 'price., Work- :under
OrAgriph9l(),ant! to.3M'6thuTqUl'liftca'tim's,.ttatCd',
tnthe rccovtmcndation);ands
14-5:3- the conditions precedent to
'CONTRACTORS being entitled to such payment me
appear to hate bac 'h fulfilled insular -as.' it N'
the wort:.:
However, by recommending any , such 'paymen't
'F;NGl7NlEr-,R will ript thereby be , deenie4 'to have
represented that-, (i),exhaustive or continuous; on -she
inspections.have been made to -check the quatiry'or the
,quantity. of the Work beyond theresponsibilities
.specifically, assignedto UNGINITIM in the Contract
Dmurnents or (0 that there nizCv; not be other'matters or
issues b 6ice'n- the p'urfics that -might &aitld
CONTRACTOR to'ba paid 'additionally II�L-OWNER air
,entitle OWN M. to withhold pyTenIACTUP,
14.6 ENGWEEIRN recommendation of
iricluding. 11na I p nym ent, shall not metafft
.is rc.sVonsibld for CONTRAOrGIVs- me
or;pruteduties of construction, or
and prottmms incident thereto,, or
and Regublioru= applicable 'to. the ' f-rru ushing, or
perfarratmoa- -'O*'f 'Wort:,.or for any 'failure, of
COLWRACTOR to- palfurm or 'Cdnush Work, in
pucti,rdaa(.�d with the Comma Documents.
143, ENGR\TEEP miy reffise to recommend ihc wholc
or any part CC any payrnem if, in ENODTEERs o ' ' . P.twom. El�
.would be incorrect to 'make th, -rE* resentations to
P , - -
,29
01VtIL•R.referrtcl to•urpaia,raph l45_ ENGR EERpiay
atso.refuseto mcommend'any Stich payanenl; or;,be_causa 6f
-subs5iryendy discovered eyidenec ,or the 'result's, of
subsegpent inspections: or tests, nullily,•any such payment:
previously •recotomended. 46 .such'.extent as -may -be
necessary in FIN(;1NFFRs opquon to.,pcitect OWNER:
from loin because:.
14.7.1.. the Work ts.i'e ecfi•e or completed Work has.
Eeenilamaatil rci uiriri� rnnectioit or replaix mcm.,
14.721.. the Contract _ Piece has. ,been reduced by,
Written Amendment or CF ange Order,
14.7-: OWNER, has heen required to 'correct
dePe'th•e Work-or'completc Work ih'aecordanee'with
paragraph 13.14. or,
14.7.4. ENGNEER, has. actual :k-nowledge of the
occurrence: of _'any of the events enumerated in
paragraphs IS;?; I through 15 4 inclusive.
OWNER maysefuseto make payment of,the'full amount
reconiinended by .ENCdNEER because:
14.7-5- claims hmi been, made agaiiea .QR'NFRe:on
account of CONTR.�uOR's perkiniaacc:nr furnishing
of at,, W oak;.
14.7.6_ Liens have been filed -inkconnection with, the.
Work: except where CONTMACTOR has delivered a
specific ,Bondi satistactory to OWNER"fo secure the
satisfaction and dischargaof suchticm,
14:7.7 there are other items ontitlingOWTiER to a set-
ot7against the
amcuntreoointnemitl or.
14,7:8. OWNER has actual knowledge .of' the
occurrence of arty of the: events enumerated in_
1�tmgrephs.l4-7.1 'through'.] 47.3 �or paragraphs 151:I
.through 1'513,4.inelicave:
,but 'OWNIM must eivo CONMCfOR immediate:
.Written •notice- (with a_oopy'lu ,F,'NGTNEF.R) .stating.; the.
reasons for such action and promptlypy,CONA TRACTOR
diie amount :so withheld. or any,adjustment thereto agreed
to- sy, OW'NER and CQN &ACTOR: when
•CONCIL\CTOR corrects to OWNER's: satisfaction the.
reasons for such action,
:Subsrantial C.ompletiori:
14.8. When. CONrMACTOR.considers the entire Work
ready for its iitencled-use CONTRACTOR shall ribtiCy.
OWNEle and L'4GLT3 —in'wntintt that the entire Work
,is substantially_ complete fe:teept for items specifi6lly
listed by CUNTRACCOR.as.=ompleti� and request that
E1GMER issue a certificate of.Substantial'Completion:
Within a reasonable. time therealler, OWNER.
CONTRACTOR and LI iG11NMER shall mitke an inspection
of,the. Work to determine the'status+of completion. If
ENGINEERdoes not consider the Work substantially
complete; ENONEER will notifv CONTRACTOR.. in
writing giving. the reasons therefor. if kiiJGl(`lEE3K•
•EICDC0ENMXLC0kNL5tTIO1 UAt4a{1Pwa E'tiiwI
30 rvf CITY OF1:ORT C'OLLIMMODIFIC.i'r1ON5 dtEV 1h000P
ciitsiders-the Work substantially complete, ENUNEEK
will prepare and deliver:to OWNER a tennttive certificrite
.of'SubstantialTurnpletion which shsll fvt the date,of
Substantial. Completion. There: shall2be attached to the
certificate -a. tentatwe ,List of itemsto'be cumpleted'or
.Corrected before hnal aymerit, 0Wp1ER shall lava seven -
days after receipt of the tentative certificate durin' ,.which
to make written.'ubjebtion. to bNGINEER' as to: any
ns provisioof the, certificate. or. attached list, If.' after:
considering sue.h�ubjectiors •ENGf1NMPuconcludes that
o.OWNEK nodty CONTRAC:rOR inwntin4
'reasons thercf&r. 1F; after constdcration of
:objections;. UNGINEER'considers the Work
y cunipletq. E 1C[\IEFR swill ivithiii said
ays.-execute and :deliver to, 'OWNER ant!
I'OK a. definitive' cRiticatc of Substantial
t (with a revisal, tentative, list of items to be
or corr&wd) rcflecirngsuch chano-ci from the
f:ON'FRA(:T'OR.a written mcommcnctannn as to division
of r�Nrtsihilities pending final' pavinent Between'
QW%T R, and C Nrr[G\CTOR with respa.t to security,
updation, sateLy, maintenancd, heat, Utilities,_insurtnce
and warranties and guaranteas: [3nless OWNT-P and
CONTRACTORc agrcc otherwise in wriiine and so inform
ENGINEER in writing prior.to. ENCTLNEF,R's issuing the
daitntive .coitiivate of Substantial Completion,
ENGINEER'S aforesaid�recommendation will be binding
.onQWNER.andCONTRAC'[0Runtilfutalpaym hL
14,9,, OWNTER' ,hall' have die �rielit to exclude.
CONTRAC.TOK from the Wci k after the .date ot`
Substantial Completion but OWNER shall allow
CONTRACTOR reawnable access to:compiete or cornet
steins on the tentative Irst
Pariiul Utitivitim:
l,l,IQ: 'Use' by,.QWNER :at OWNF.R's option of. any
substantially completed part,ofihe Work which: (i) has
Vdifibeen identified in the Contract Dck mterits, or
N%R, IS GMER dnd CQNTFLACIOR agree
constitutes a separately functioning;and,usable partof the
Work, that can be used ley OWNER for its. intended
purpose %iithout sigriificant interference . with
CONTRAC.TORs perCornianda of the,remeinder-of the
Work., may be accomplished prior to Substantial
-Completion of all ihe- Work subject to thefallowing:
14.10:LOWNER' ,at any time may request
CONTRACTOR in Cvritrng.tgpermit OWNER to use
any such pirtof die Work whiefi O'WNERbelieyes to
be' ready For its intended use and. sulast;iniially_
complete. IfCONMRAUOR agrcrs that such pail of
the ,Work'is substantially complete, CONTRACTOR
will. certify; to.OWN'ER and ENGCvEER that such
parrof the Work is substantially complete and request
LNG VEER to issue a certificate of Substantial
Cnmpletion -for that r.art of the Work.
0
0
u
0
0
Aty
and substantially complete andreyuestE OLVEER to
Issue - a certrficatc-of Substanual,Cgmpleti'16 for:that
Tan oftheWork: Withina-reasonabletimeaftereither.
such request. .OWNER... CONTRACTOR and
ENGLVEERshall make on inspection of that -part of:
the Work to determine :-its -status•of completion if
reasons therefor.. If UNG[i`IFFR considers that .part of
the'Work to -be substar6llycompletc,'thc provisions
of,piamgraphs:l4:$ aril 149 wtlinpjtly with rpspect_to
ccrtttication' of . $ubs6ntia l `Completion of .that pin of
the.Wark and' the. dMsion of respunsibility,in respect
thereof andaccesa thereto:
14:1O11 'No occupancy orscLadmtc operation:of part
Of the Work will be accomplished *prior to cutnplience
with the requirenierLT of, pa nillraph 5:15 in respect of
property insurance.
14.11. Upori written notice From CONTRACTOR that the
entire Work or an agrccd ponion thereof is complete,.
NGLNTCR wit =male@ -a final, gipcction'with OWNER
:and cwrRACT(A and will nofifyCONT,RA( TOR. in
writing of -all particulars in whichthis inspection revents
that the Work is incomplete or dejective:.COMMA&OR.
shall mmediatelyaake such measures as arh necessary -to
complete such.work or remedy such deficiencies,
Final Applicmion for Pi vnienc
14.12.-After CONTRACTOR lias completed all such
corrections to the musfactiort of ENGINEER and delivered
in :aciordzncc with the Contract Daximents all
maintehan", .and operating, instructions. scFi Jules,
.guamntees, Bonds., t:zrtifiistes or othiz evidence. of
insurance. required by parngmph5.4., certificates of
inspection, marked -up record:doeumems (as.prgv.ided in
patngraphF.19) and other documents;. CONTRACTOR
may "make application."for (oal; p'ayment:-.follow r>g the
in the
to •die
�u)consent of the .surety. -if �any; to.linalpaymont:,aril
ai)complett and legally t[TeUwe rcleasr_c or waivers.
(satisfactory to OWNER).orall Liens arising -out of or filed
in cunnectionlvith•the W_o_rk: , Inlieu oCsuci releases Or
lvai.vers •of, Liens' until :as approved by,, O)lN'ER,
CGNTR JCTOR may furnish. receipts or releases in,fulli
and adidavii'of CO TRACTOR that:. (i)'thc releaid!i4nd
receipts include all labor scn'ice-_ material and cquipmenl
for which "a Lien could, be'filet; rood'(ii)all payrolls,.
rn*rial and equipment:bith, and other indebtedness
coimccted-witithe Work for which.OtVNE P or (tWNER's:
property in ight in any way tie responsible have been paid or
otberwise'smisfied' It iny=Sutt:ontractor or. StIppltcr fails;
Ftc'OCtiE'Nh'FGih COhDi'ntit`l'.l'11113114`Jt1 E:ititiiail.
tvl CITY OFrOR'C OOLLIhS :\IODIFICdTION511iL•l' d20i7nj
to furnish wch a . release or receipt in Cull.
CONTRACTOR may furnish a Bond or tither collateral
satisfactorv.to OWNER to indemnify OWNER' aga.=
,any Lien ILelease; orwaiyers oflieru goof t}ie'consent oC
.the suretw to, finalize, payment are to'besubmitted on
'forms contorminatto the fomtatof die OIVNER'S standard
:formsbound inthe :Pro jeIXttianualr "
final Pnfitrrrttomr1: c5gtmtcer
14.13. itf, on tke basis .of LNGINUR's�otscriation of
the lVurk during coristruciion and fde1 spcetiorL and
ENGt1VEER's review, of the finatApplicauon.forPayinent
.and 'accumpanying documentation. as required by, the
C:cintract ,13octtments. FANGINhFR• is satisfied thm:,the-
Work has been' completed and' co tTRACfOR's'other
Qbli¢ations under the Cotdra'ct. Documents have Been
fulfilled. ENGINEER will, within tcn days.ahcr receipt of
fie :fuW .Application Cot Payment, indicate in writing
'F.:NGINF.ER's'rccommcndation.of piy'menrand present
.the Application,to.OWb,TTt for -paymtent. At•the same
tlmeh'NGR\MFR will also giva;written notice to OWNER
and CON'L'RAq.rC)R that the Work is•aaeeptable subject
to the provisions of paragraph L4:.13_ Otherwise;
.UNGINF:ER will return . the Application ro
CONTRACTOR; iili[icii6rg in writin&,the reasons'for
refusing to. recommend'fmal- payment, in which. case
CONTRACTOR shall make 'thc ncccmini corrections and
resubatit:theAppitc'adciti. Thirty days alter,presentttignto
documentation; in appropriate: fonii and suh'stance and
,with ENGINFF'Rs rccgmnicndation, and notice of
acceptability, the mucum rccommcndcd by ENGD.IEER'
will buomc due and will 1xt paid by 0XVNM- to
COI Tf RACTOR suhic K .tin nnragmpli 17a .2 or these
G erlen l,�oiic4t ip ris
14.14. 1f' through ho •fault of COIN'TRACTOR' Fatal
completion of die Work is'si6ificimtly. delayed and if
ENGWEER so confir i,% OWNERAtalt.- upon receipt of
CONTR.ACTOR's final Applicatiin ,fiir P.
recommendation of ENGbt2P, "and without
remau »g'.balance to bettld by OX�,NTR for'Work not
fully � mp[eted or corrected is kis than thc[etainage
stipulated"in,the Agreement, and if• L4,nds hin hewn'
kwhished as required inparagraph 54,; the wriuen consent
of'dre surety to they payment of the balance due for that
portion of the Work fully completed and accepted stall be
submitted by'CUNTRgCfOR.to GNGDTM with the
application for suchlpaymenL Such�paymcnvshall ba
mad, under the terms and conditions. governing Gnal
payment; ex&Ot thatfit shi [I not canstivute:a -waiver of
claims,
i4'nivei ufC(nims
14.15: 'L'hr inakrrit_ sriJ aceePtaace oF,tuml payment }will
constitute. -
TA 15a, a wirier of all, claims by OWNER,against
CON-M-ACTOR.. .except :claims ari.-66 from.
unsettled Liens,. from .ckfecrrve Work appearing rider
3L
fiatl uspecton,,pi suant of ,"Vagraph 1.4.I I_ front
failurg.lorcomply with�thc Contract Documents or the
terms of:sni special guarantees specifiedtherein. or
tre
ws GOh'['R:\CTOR's continuing obligations ;under
the Contract Documents: and
14.15:2. A waiver of all claims bv- CONTRACTOR
against OWNER' other than Ihust previatsly made'in
writing and still, unsettled..
ARTICLE 154SU5PENS[OY OF \VORIC AND
016NER :lfap Su3pend'14 nik:.
15.1. Alan'. time and without cause,. OWNER'' may,
sus ITd the Work or any portion thereof for a pen d ote.not
more -than: ninety' clays by noria in writing to
CON1'R.ACTOR and F,NGINEER which will fix.the date
ort which Work will h resumm. (10NTR..A6r0R';shall:
resume the Work on the dote so fixed C,01NkfRA&0V
shall be allowed an adjustment in the -Contract. !'rice or an
cxten4ion I of the, Contract Times. ,ref botk- directly
attrihutahlr to any such susputsion' if CONTRAE'l'C)k
'Makes. ari apprivcd .claim therefor as provided. in
Article§] I and 11
OWNER May Ternunare:
15:3: Up n the occurrence of any one or.more-of the
followin¢cvcnts:
15;2',1, if CO`'TRAl-7 �R persistently t'a h to; perform
the \Vork- in accoidanc with the Cuntnict DoLmim' is
(including but not laitited to: failure to supply sufficient
skilledworkers or, suitable materials or equipment or
failure io adhere to d p'rogttss he rule esmbl she 1
undzr.parngmpk"39 as', adjuste-d front .Hinz 6o irate
pu, scant to pant.fitph o.b); '
Bill if CONTRACTOR di rL*r ls: Laws. of
__ReguhttignsotanypublicbodgFmVingjurisdictionC
li.?„:3., if COMRAGTORdisrtg5rds tfie authority of
FNIGIIIVEER.or
1-52A. if CONTTRACSOP. othertcsaviotatts in:anyc
silbstamial '%vay 'any provisions of tree Cbritraet.Documents;
OWNER may. after giving CONTRACTOR Cand the•
surety, if, any) seven days' written nritice and ( the extent
permitted. 6y Laws imd Reaulritions, terminate the services
of CONTRACTOR cxciuik CONrRA(_TORyfrom are site
and take possession of the Work. and ofAl'
C'ONCRAUrc)Rs touts appliaimcs, construction
equipment tmd'.arachiriery at the sile:and use the.same to
the full extent they could' be: used Ire CONTRACTOR
(without liability to CowmACI'oh. tar trespass or
conversion):. incorporate in the, Work,„all' materials. and'
zxjuipment storedat the sire M fora;hieh'OWi lEh` has.paid
F1COC GEt4E ,U, CONL"O S U to:$ q1 )i)u F h iml�
•�=' wl CITY OF FORT E'OLLIN; MOUIF7CA1IONSn''LV4000 Y
CONTRACTOR but which are stored elsewhere, and.
finish the Work as OWNER may deem expedient. [n,such
case CONTRACTOR shall -not be entitled to receive any
lurther payment until the'WA is finished It the unpaid
balancc, ol the Comract,Ptice exceeds all claims. cosla,
lok rim 'anif damages.susained by OWNFR arising out of
or result-ting: from completing the Work such excess will be:
t hid to CONTRACTOR. If such clai ma,eos%,losses and
shall pay th1.e-diflrrer c to,OWNER. Such claims.
;by ENUttvrcx as to tneu reasotctpteness anuwnen so.
afilmvett.by ENGINEER incorIv ated in a Chasse Order,.
provided that when exercising any rights or remedies
under this: Paragraph OWNER shall 'not' be requirgl' to
,ohlain'the lowest -price for the Work. puformecl,
953. Where CONDRA(T0Ws services have hcen so
temtirmted by OWNER,- the- termination will not. atTect
anv' rights' or remedies ot_ *,OWNHR .against
CUNSRaCTOR then'existingor which may thereafter
accrue: Any retention. or .payment of 'moneys due
.CI�N'I'R.aC,"rl`J[Z -by OWNER will not. release.
CON f Ill\C'LOR from liability;
4, 'UNnseven days' written notice to
'CON 'I-RAUl-OP and ENGINEER. ,OWNER may,
without cause anda•iuiout przyudicc. to any other right or
remedy of OWi 1GR elect to t f i iatt chi r\greenienL In
such case,, cbNlu'.AC,'rC>m. shan;'bc paid' (without
duplication of anyitems):
15.4.1. for completed and acceptablc..Work executed
in accordance with the Contract Documents prior to
the etTectivcldatc of%temiinatiisn,-including. Gtic and
reasonable sums. for i verhind and profit, on such
Work.
I5.42, for expenses sustained prior to the effective
date of'termimtnan in performing.'services and
turrasling:lanor, materixlso[igitipmznt•as. required
.
by ; Co tbentend 'Dcoummts in cyrinecuom with
uncompleted Work phis fair and reasonable sums,for
overhead and profit on such cxpem;gs .
15, J3_ . fo? all • cl[taus, 66sts . losses and' dvmgcs
mcurredIor cuimacts'-wah
Sube',ontraciors; Suppliers and othem;and
1 AA, For reasonable expetues cfirectly. attr'ibutabte
to termination.
CONTRACTOR- shall not'be paid on :recount of loss of,
.anticipated profits. or 'revenue or other economic loss'
atrisine out of or resulting,llom such termgartiom
COjYI RIETOR mqy stop Nark or terminate..
'f--53. 1C through no act' or faull of CONTRACTOR, the
Work is m4ended for a period of,morc,rhan'ninety days
bj l_`ll ER or under an order, of court or other public
authority`, or 1r.U1NEER: fails; to -act on anyApplicatinn
for Payment within thirty days after it is submitted or.
OWN IER fails for thirty days"to psyt,C051,rk_-\CGQR. amr
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sum fuially- detamin2cl to`
ray- upon -seven days''-w
remedy such suspension of ta_ilure
terminate Ahe ..�Lernte t and recover
pnyniem on the same,terms as provided"i
In lieu of terminating the Ageemant and
to:tm other right or remedy, if ENoPt t]
act un an Aoplicatioh for payment within
is submitted, or USWER has failed forihirty days to pay
i.OV'TT ACTOR. army, sum, finally determined to be tide--
CON P--kCTOR.may"upon seven days ,NTilirn notice to
OWNGR and ENGINE};•R'stop the Work until lmymcrit of.
all. such amounts due COi1TR:\CTOR:,hcludmg interest
thereon The, provisioris of this paragraph 15:5 'are. not
intended to pioclude CON'ERACTOR' frpm making claim
under articles I 1 and 12 for an increase in Contract price
or Contract:rim�s oi.bthenvisc lbr, c\penics or,darnage
directly+ attributable to CONER:aC'rOR's stopping ftrk as.
permitted by thisparagaph
ARTICLE:16—D1splPCE 12FSOLUCtoY
If,and .to the extent that OWNER and CONTRACTOR
have agreed on die methdd and procedure lbr resolving
disputes :between them, that may arise under this
Agreement, suchdisputc"resolu4on inathod.and prgcedhrra,.
if an(, shall tx as set Forth; tit BxhibitCYC-A, vispute
Resolution.Agreement to he attach d hcreto-snd made a
part hereof' If no such agreement on, the meiliad and
procedure for resolving such disputes has been reached,,
and subject to the. provisions of jmrng•tphs9.1 U 9.11 and
912. OWNLT. and CONTRACTOR may exercise such
rights .or.remedies as either may otherwise have under the
Contract Documents by Laws or Regulations in respect
u f any dispute,
ARTICLE 17-NUSCELLAiNEOUS
GiitiiS Niitii:e•
17.1. Whenever, any pruvfsion., of the. Contract
Docu-mets reyuues:lhe giving or written nutice,'il will be-
dzem&ft&have.been validly given i€delivered bnperson.to
the individual ogle a. member or the firm, onto an orlic r of
the, corpumtionfor whum"it is'intendcc:.or if del tvcrodEli or
sent byregistered car ceriilied mail, postage prepaid to the
last bus n ss•address Ig pw r to the fiver of the notice,
37:2t CompulatiuinofTine.•,
172.1. When any.periodof"timi is relersed'ta in -the
Cuiitract Documents by daya it will iQ computed -to
etit:lude'ike'•Ctrsi. and include the,last..day ofsuch
pertal. Ifthelast_day,ofwiy such period-Calls.on a.
Saturday or Sunday or on a day made a leg Pholiday
by the taw of the" app4cable'jurisliction..puch day wdl
be omitted finni the cpn9pat.?non.
Er(�cutiytxv; cnwottic5. as s ties tt rJ�t eciugii
•a'/ (J Y OBFOR "r COLLINS \IODIP:IC,1TIbN5 (RHV d2n0U1
9
13.2:2: Acalendardav6ftwenty-€mar hours measured
from ,midniaht toah nest:mk6td iaht will constitute it
day.
A!gtce pfC7auit
.17,3:;,ShotildO"'NZRorCONTR:IG'TOR:uifta,injury
or damage, to person, or. property 'because of -any. error,
.omission -of :acv,uf the other party ,orofam, 6f die other
parry's e-mplovees o['agents or others'for whose acts the.
oilier party is legally liable: claim xgll bomadtin writing
to the
other party within' a reasonable time of thehint
ubservanue"af�sUch injury or damage:, The provision,s'of
this pyu-hg' tiph_-173'shall'tret he construed as:a substitute
'f4 or a waiver of the provisions of any applicable stet ire
.of limitations'orrepose,CuntutitireHrmedier.
17.4. 'rhe duties and ubligations-,impose¢ by these
General Conditions And`the rights and remedies availahle
hereunder to the .patties heretp., and, in particular but
without "limitation; the :norrandes, ,guarantees aril
.obligations imposed upon' CONTRACTOR "by
lxrragraphs 6"12, 6-16, o:3f1, 631', 6-32; 13:1, 13,12; 13:13,.
10,3,And I i.2'and all: -of the rights, acid remedies availahle
to OWNER rind FNGINF,Q2 thereunder, are 'in addi'tor
,to, and are not to be construed inanyvay as"a.limitation
df,�any rig}its;md r•tncdics arailablc;to any or all'of them
oylitelr aie othertvise asiposed or available by Laws or
'Regulations.byspecial warrantyorguarantee or'byother
prpvisionsof the Contract.Docurnents; and the provisions
'of :this ri3m¢cabh :MW be as effective as it rerxnted
pigyeesylanad F'resitiid Court Lbity 7ncturtiiL•
17:5. Lyheneyer refirence is made to "claims:, costs,
losses nod damages"; it shall include in e ch case; but not
be limited to, nll,fees an_d charges,oF engineers, iirchitecLf
attorneys and other' 'professionals professionals and all "court or
arbitratlonor. other dtsptttt resolution costs.
17.6, The laws uf~thr Bosh of Cy[9rado apply to thin
Agreemen�_Re_ferihce_to tt_ vo- I ertinenl Colorado statutes
are as follows',
'1762 if a tlamr-is filed OWNER- is reouired bv.
.law WRS 35=26-101 to withhold from afl.rayments to.
CONTRACTOR sutTicient .funds to insure the
payment of A claims for.labor. materials, team hire.
sustenance. Provisions, provender, or other, supplies
used of consumed by CONTRACTOR er• his
33'
Wto-S (1,90 Etfir,(Ml:
34 wt CITY OFFORT, I COLLINS MONPIC.All . UNSIRLV412000
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5.1.1. Prior to Substantial Completion, progress payments will be in the amount
equal to the percentage indicated below, but, in each case, less the aggregate of
payments Previously made and less such amounts as ENGINEER shall
determine, or OWNER may withhold, in accordance with paragraph 14.7 of the
General Conditions. 90% of the value of Work completed until the Work has been
50% completed as determined by ENGINEER, when the retainage equals 5% of
the Contract Price, and if the character and progress of the Work have been
satisfactory to OWNER and ENGINEER, OWNER on recommendation of
ENGINEER, may determine that as long as the character and progress of the
Work remain satisfactory to them, there will be no additional retainage on
account of Work completed in which case the remaining progress payments prior
to Substantial Completion will be in an amount equal to 100% of the Work
completed. 90% of materials and equipment not incorporated in the Work (but
delivered, suitably stored and accompanied by documentation satisfactory to
OWNER as provided in paragraph 14.2 of the General Conditions) may be
included in the application Section 00520 Page 3 for payment.
5.1.2. Upon Substantial Completion payment will be made in an amount sufficient
to increase total payments to CONTRACTOR to 95% of the Contract Price, less
such amounts as ENGINEER shall determine or OWNER may withhold in
accordance with paragraph 14.7 of the General Conditions or as provided by law.
• 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in
accordance with paragraph 14.13 of the General Conditions, OWNER shall pay
the remainder of the Contract Price as recommended by ENGINEER as provided
in said paragraph 14.13.
ARTICLE 6. CONTRACTOR'S REPRESENTATION
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes
the following representations:
6.1. CONTRACTOR has familiarized himself with the nature and extent of the
Contract Documents, Work, site, locality, and with all local conditions and Laws
and Regulations that in any manner may affect cost, progress, performance or
furnishing of the Work.
6.2. CONTRACTOR has studied carefully all reports of explorations and tests of
subsurface conditions and drawings of physical conditions which are identified in
the Supplementary Conditions as provided in paragraph 4.2 of the General
Conditions.
6.3. CONTRACTOR has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) all such examinations,
investigations, explorations, tests, reports, and studies (in addition to or to
supplement those referred to in paragraph 6.2 above) which pertain to the
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(This pagc kft blarkint.e9timaliy.)
W1 CITY OF FORT COLLINSMODIVICATIONS fRhV-IP0tl(j)
35
FJCDC i;ENMAL CONDI'M ovS i
Tti tkgg.0 I.d.
i6
wCY 6 om COCATIONS I.
1 RLN'4P000)
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'EXHIBIT GC -A :to�General Conditions•
of` the. Construction Contract, Behnen
OWNER, add -CONTRACTOR
'DI5fUTE RESOLUTION AGREEMENT.
OWNER_ and "CONTRAMOR hereby °agree that
Article .16 of the Omeral.Condilichs of the'Coiistruction
(_orttiacr heiween OWNER. `aril 'CONTRACTOR* is.
amended to iitcludetFia'Collet'vinga�cement itf the lzirticg:
16A.. All •claims, disputes and :othermatters 'in
question between Olv:,'M and cwr aG1tJK.:ansrg•
out,ofor relating tothe'C6ntract Ocetimerus or the breach
thereof (except far claigls'wbich haydbeen wIaived by:die
making or accepranc'e of finaf piiytrien't as.provided ln-
paiagraph 14.I:i) -will be decided by .arbitration in
:accordance with 'thie Constn etion Industry Arbitration
Rules of the American - Arbitration Association -then
obtauiirtg,, subject to the limitatichs of the Artictc,16. This
agreement so to,,arbitratc and any other agreciiieni or
amscrit to arbitrate entered into in accordance herewith as
*vided ip'this.articlo- yillbcspecifrcally cnforocablc
under the prevailing law. of any cou thriving juricdictiom
.16.2. No dcriiand for arbitration of any claim; dispute
oc 'other ivattcr that is .required totic, reibncd to
ENI GL`ELER iivtially for decision :in .accordance :With
[zuagmph.9-.11'will he made until the carlierof (a) the,date
`on which RNGINEER has rendered a written &cisien. or
(b) the thuty-first day after the panics h rvc presented their
evidence to JENGDIUR-if a writtendecision has not been
rendered by ENGINEER- before.that date- Yo demand fur
arbitration of'anv such claim,, dispute or other matter will'
be made- later than thim, days aft i the date: on..which
ENCrrNFF.R has rende-e d a mitten de ision in respect
thereof in accordance. with paraEraph 9.11; and the failure
to demand arbitration within: said thirty days period wily
result in LNGNEMs decision being fmaL and, binding:
upon.UWNER,and CONTRACTOR tf LNGG+IEER
renders a decision after. arbivation prticeedinp have been
mitiated,-such decision may bd-entered as evidence but will!
not superside thearbitration pmcadings,.c.\apt Where the
decision.is acceptable t� the liarties cnncerrwd; No _demand
for arbitration. of rim` written decisiiin of L 46NEER
rendered iri-accordanoc with paragraph 9.lb wi bo made
Iatei thaart ten clays after the party making such demand has,
dcfrvered,wriften notice of intention lo_appcal as provided
16.3: Notice of the.ddmarid''tin mbiunGori willbe
writing
Gled in with the other party, to the A Bement and
-With the American .-VbitraboniAsstxiation and a Gopy'will
be sent to LNGLUL•LR:Coe information 'The demand for
arbitration will be made within the thirty -day oaten -Jay'
period,yieciticd in paragraph 16.2 as applicable tnd',iivalf
other cases within a reasonable ume' aCtcrthe claim, dispute
or other matter in question has arian,:and'in no event shrill:
arw such demand be made after,ihe datevvben institution of
le
gal'dr equitable proceedin s leased on such claim, dispute
Or other. malts in qustion :would be barred. by the
applicable statute of limttuticis.
EXDC CENERAIL r_ ONDIUOVS 191 0-81199.1 Et9timi
CITY OF FORT CQ1.11, S MODIFICATIONS (RFV 9(99)
16;4: .Gecept as prmidcd ih�pruagraph, LG> below
-no arrbitiiuion arising: out of er relating to the Coniiaci
Documents shall include by,consulidatiom joinder or in any.
other., manner any -other. person tir.entity; (including'
�E'i 6NEE,L •E,VGMER's :Comultat t and the offik .
.directors acents, ugpluyees. or e.rnticulmtirs.of any'of them)
who cs r of"a party to th s contract unless:
16 L -the"inclusion of such odiei,person or. entity is
necessary;if complete rcG'ef,is to bd'allorded•amaag.
those. ;whop are :already rrnrtics OL(t arbiharibm and,
16.4.2..such other person or entity •is :suhstanually*
involved in a question of law or fact Which is common
to those who nre already parties to thearhitration and
'whickwillariscinsuch proceedings,:an&
16AI the written consent of the. other 'person. or.
entity ;seught ,to. be included and -of ;M`NER ;and
CONTRACTOR has been obiaiiied for such inclusion;.
which consent shall make specific reference to. this
p hritomph;,hpt.nn such corisent,shall,eonstimte consent
to.arbitration of any dispute not Tccifcallydescribed
in such consent or to arhitration with any party, not
specifically identiGcd in mich consent.
16.5. N'unvithstindingparagraph'16.4. if,a claim;,
'dispute or other matter in. question betweeh O%VNF.Rand
CONTR2,,CTO2'involves the work of ,a .Subcontrachu,
either -OWNER tx CONI-RACI'M . may join such
mciuur in ausutxontracis rcquirca goy paragrapn+rt t it
!specific, provision whereby the hlrticontraetor, c_onscntsto.
being joined in an arbitration behvem OtV1NER. and
CONTRACTOR invoh'mg the tVork of. _such
Subcontractor. 'Nothirig in.tfus patagruph. I0,5 nor in the
provision of such' subcontract consenting,to. joituler .shall,
'ireate any clam!- ritdit err' cause of :action in favor of
Subcontracttu' and 'against OIVN� E GNEER . ix
G�lGP7F;13R's Co vsu ftvtr$ tl at d6esnot otherwise east
m& The award'rrndered' bythe arbitrators will be.
final, judgmentmayl)c entered. upon it in any court rt having,
Jprisdiction thereofand ii will not be subject to
,modification i r appeal:
116.7: OWNER anu,CONTRACTOR agree that they
shalt fiist'submit .any and :all tuaseldcd claims
counterclaims, 'disputes and cuter matters' in, question
between the 'arisir4j-(mi. of or relating to the Coiunul
Documents orthe, bred Qli thereof (N ispules". ), to maiiiation
by the .American :Arbitration Assocuitiein, under the
'Constructibn Industry' Mediation Rules of the American
Arbitration Association .prior to either of them initiating
against. the other a demand for 'arbit_ratiow,pursuant .td
purggaphs-.16.1 through 16.6, unless demy':to initiating'
arbitration would irrevocably prejudice one.'of thelwtrties:
The respectivethirty and'ten Jay -time Gnrits'within which
to file s. demfm(t for arbilrudnn as provided in paragraphs
16L2.3hd'16.3'above shed be susprrid,-j with respect to u.
dispute submitted to mediation within those sarne
apphcable'limclimits and shall remain suspended until ten
clays a@e the term mationof the mediation. The mediator
of anyrdispatc subm ittal to mediation under this Agrcemxit
stall not serve a5 arbitratori�f suuh'dispuld"unl4ssatttervviu
agreed.
� OC•al'
LWD� 6ENERM. CONDIIIONS 19104 f0941 Edtmli
wir(-r(,OF FORTCOLI ]�3W)TARCATTO',,S (RF-V 919 1)
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SECTION 00800
SUPPLEMENTARY CONDITIONS
SECTION 00800
SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement the General Conditions of the
Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of
Fort Collins modifications) and other provisions of the Contract Documents as indicated
below.
SC-5.4.8 Limits of Liability
A. Add the following language at the end of paragraph 5.4.8.
The limits of liability for the insurance required by the paragraph
numbers of the General Conditions listed below are as follows:
5.4.1 and 5.4.2
Coverage A - Statutory Limits
Coverage B - $100,000/$100,000/$500,000
C�
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).
•
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SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950 Contract Change Order
00960 Application for Payment
P
SECTION 00950 .
CHANGE ORDER NO.
PROJECT TITLE: Hot Applied Chipseal Overlay
CONTRACTOR: A-1 Chipseal Overlay
PROJECT NUMBER: 7256
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost:
4. Change in Contract Time:
ORIGINAL CONTRACT COST $ .00
TOTAL APPROVED CHANGE ORDER 0.00
TOTAL PENDING CHANGE ORDER 0.00
TOTAL THIS CHANGE ORDER 0.00
TOTAL % OF THIS CHANGE ORDER
TOTAL C.O.% OF ORIGNINAL CONTRACT
ADJUSTED CONTRACT COST $ 0.00
(Assuming all chancre orders approved)
ACCEPTED BY: DATE:
Contractor's Representative
ACCEPTED BY: DATE:
Project Manager
REVIEWED BY: DATE:
Title:
APPROVED BY: DATE:
Title:
APPROVED BY:
cc: City Clerk
Project File
Engineer
Contractor
Architect
Purchasing
DATE:
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subsurface or physical condition at or contiguous to the site or otherwise may
affect the cost, progress, performance or furnishing of the Work as
CONTRACTOR considers necessary for the performance or furnishing of the
Work at the Contract Price, within the Contract Times and in accordance with the
other terms and conditions of the Contract Documents, including specifically the
provisions of paragraph 4.2 of the General Conditions; and no additional
examinations, investigations, explorations, tests, reports, studies or similar
information or data are or will be required by CONTRACTOR for such purposes.
6.4. CONTRACTOR has reviewed and checked all information and data shown
or indicated on the Contract Documents with respect to existing Underground
Facilities at or contiguous to the site and assumes responsibility for the accurate
location of said Underground Facilities. No additional examinations,
investigations, explorations, tests, reports, studies or similar information or data
in respect of said Underground Facilities are or will be required by
CONTRACTOR in order to perform and furnish the Work at the Contract Price,
within the Contract Times and in accordance with the other terms and conditions
of the Contract Documents, including specifically the provision of paragraph 4.3.
of the General Conditions.
6.5. CONTRACTOR has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of the Contract Documents.
6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or
discrepancies that he has discovered in the Contract Documents -and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR.
ARTICLE 7. CONTRACT DOCUMENTS
7.1 The Contract Documents which comprise the entire Agreement between
OWNER and CONTRACTOR concerning the Work consist of the General
Conditions, Supplementary Conditions, those items included in the definition of
"Contract Documents" in Article 1.10 of the General Conditions, and such other
items as are referenced in this Article 7, all of which are incorporated herein by
this reference.
7.2 Forms for use by CONTRACTOR in performing the Work and related actions
in carrying out the terms of this Agreement are deemed Contract Documents and
incorporated herein by this reference, and include, but are not limited to, the
following:
7.2.1 Certificate of Substantial Completion
7.2.2 Certificate of Final Acceptance
7.2.3 Lien Waiver Releases
7.2.4 Consent of Surety
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2011 HOT APPLIED CHIPSEAL OVERLAY
GENERAL REQUIREMENTS INDEX
SECTION PAGE NUMBERS
01010
Summary of Work
General Requirements
pages 1-3
01040
Coordination
General Requirements
pages 4-5
01310
Construction Schedules
General Requirements
pages 6-7
01410
Testing
General Requirements
pages 8-9
01510
Temporary Utilities
General Requirements
page 10
01560
Temporary Controls
General Requirements
page 11
01700
Contract Closeout
General Requirements
page 12
01800
Method of Measurement and Basis of Payment
General Requirements
page 13
•
0
SECTION 01010
SUMMARY OF WORK •
1.1 DESCRIPTION OF WORK
A. This work shall consist of application of a Polymerized Emulsified Asphalt Chipseal followed by a Hot Cover
Coat of Aggregate, called HOT APPLIED CHIPSEAL OVERLAY including manhole and valve box
adjustments on designated streets in the City of Fort Collins. Specific locations are described in Section 3500,
Project Map.
B. Protection and Restoration.
1. Replace to equal or better conditions all items removed and replaced or damaged during construction.
C. Construction Hours
1. Construction hours, except for emergencies, shall be limited to 7:00 a.m. to 6:00 p.m., Monday through
Friday, unless otherwise authorized in writing by the Engineer. After hour equipment operation shall be in
accordance with Section 1560.
2. Any work performed by the Contractor outside of the construction hours, whether or not authorized by the
Engineer, shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds
to cover the Owner' s costs in providing field services because of such work. The cost for inspection shall be
$50.00 per hour.
1.2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES
A. Notify private owners of adjacent property, utilities, irrigation canal, and affected governmental agencies when
prosecution of the Work may affect them.
B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary •
to temporarily deny access or services.
C. Contact utilities at least 48 hours prior excavating near underground utilities.
D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of
work schedule and any items which would affect their daily operation.
E. Tom Knotsman/Kathleen Maddux will be the Pavement Engineer/Project Manager.
Tom Knotsman 970-221-6576 Office 970-679-7947 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.
Project Specifications - Page 2 of 13 0
•
•
SECTION 01010
SUMMARY OF WORK
UTILITIES
Water:
City of Fort Collins, Colorado
221-6700, Meter Shop 221-6759
Storm Sewer:
City of Fort Collins, Colorado
221-6700
Sanitary Sewer:
City of Fort Collins, Colorado
221-6700
Electrical:
City of Fort Collins, Colorado
221-6700
Gas:
Xcel Energy Emergency 1-800-895-2999
Local Contact:
Pat Kreager 970.566.4416
Telephone:
UNCC / 1-800-922-1987
Local Contact:
Debbie Kautz 970.689.0635
Traffic Operations:
City of Ft. Collins, Colorado
221-6630
Cable Television:
Comcast
493-7400
Utility Notification Center of Colorado (UNCC) - 81 l
1-800-922-1987
AGENCIES
Safety:
Occupational Safety and Health Administration
(OSHA): 844-3061
Fire:
Poudre Fire Authority
Non -Emergency: 221-6581
Emergency: 911
Police:
City of Fort Collins Police Department
Non -Emergency: 221-6540
Emergency: 911
Postmaster:
US Postal Service: 225-4111
Transportation:
Transfort: 221-6620
Traffic Engineering. 221-6630
END OF SECTION
Larimer County Sheriffs Department:
Non -Emergency: 221-7177
Ambulance:
Poudre Valley Hospital
Non -Emergency: 484-1227
Emergency: 911
Project Specifications - Page 3 of 13
SECTION 01040
COORDINATION
1.1 GENERAL CONTRACTOR RESPONSIBILITIES
A. Coordinate operations under contract in a manner which will facilitate progress of the Work.
B. Conform to the requirements of public utilities and concerned public agencies in respect to the timing and
manner of performance of operations which affect the service of such utilities, agencies, or public safety.
C. Coordinate operations under contract with utility work to allow for efficient completion of the Work.
D. Coordinate all operations with the adjoining property owners, business owners, and surrounding neighborhoods
to provide satisfactory access at all times and keep them informed at all times.
1.2 CONFERENCES
A. A Pre -construction Conference will be held prior to the start of construction.
1. Contractor shall participate in the conference accompanied by all major Subcontractors, including the
Traffic Control Supervisor assigned to the project.
2. Contractor shall designate/introduce Superintendent, and major Subcontractors supervisors assigned to
project.
3. The Engineer shall invite all utility companies involved.
4. The Utilities will be asked to designate their coordination person, provide utility plans, and their anticipated
schedules.
5. The Engineer shall introduce the Project Representatives.
B. Additional project coordination conferences will be held prior to start of construction for coordination of the
Work, refining project schedules, and utility coordination.
C. The Engineer may hold coordination conferences to be attended by all involved when Contractor's operations
affects, or is affected by, the work of others.
1. Contractor shall participate in such conferences accompanied by Subcontractors as required by the
Engineer.
13 PROGRESS MEETINGS
A. Contractor and Engineer shall schedule and hold regular progress meetings at least weekly and at other
times as requested by the Engineer or required by the progress of the Work.
B. Attendance shall include:
1. Contractor and Superintendent.
2. Owner's Representatives.
3. Program Manager, Engineer, and Project Representative.
4. Traffic Control Supervisor
5. Others as may be requested by Contractor, Engineer or Owner.
•
Project Specifications - Page 4 of 13 •
SECTION 01040
COORDINATION
C. Minimum agenda shall include:
1. Review of work progress since last meeting.
2. Identification and discussion of problems affecting progress.
3. Review of any pending change orders.
4. Revision of Construction Schedule as appropriate.
D. The Project Representative and Contractor shall agree to weekly quantities at the progress meetings. The
weekly quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall be final and
shall be the basis for the monthly progress estimates. This process ensures accurate monthly project pay
estimates.
END OF SECTION
Project Specifications - Page 5 of 13
S
SECTION 01310
CONSTRUCTION SCHEDULES
1.1 GENERAL
A. The Contractor shall prepare a detailed schedule of all construction operations and procurement after review of
tentative schedule by parties attending the pre -construction conference. This schedule will show how the Contractor
intends to meet the milestones set forth.
1. No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of
delivery of equipment and materials.
1.2 FORMAT AND SUBMISSIONS
A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual
progress.
B. Submit two copies of each schedule to Owner for review.
1. Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work
with the needs of Owner or others.
C. The schedule must show how the street, landscaping and various utility work will be coordinated.
1.3 CONTENT
A. Construction Progress Schedule.
1. Show the complete work sequence of construction by activity and location.
2. Show changes to traffic control. •
3. Show project milestones
B. Report of delivery of equipment and materials.
1. Show delivery status of critical and major items of equipment and materials.
2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements
for equipment and materials, reference Section 01340.
1.4 PROGRESS REVISIONS
A. Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when
requested by Owner or Engineer, and with each application for progress payment.
B. Show changes occurring since previous submission.
1. Actual progress of each item to date.
2. Revised projections of progress and completion.
C. Provide a narrative report as needed to define:
1. Anticipated problems, recommended actions, and their effects on the schedule.
2. The effect of changes on schedules of others.
Project Specifications - Page 6 of 13 is
SECTION 01310
• CONSTRUCTION SCHEDULES
1.5 OWNER'S RESPONSIBILITY
A. Owner's review is only for the purpose of checking conformity with the Contract Documents and assisting
Contractor in coordinating the Work with the needs of the Project.
It is not to be construed as relieving Contractor from any responsibility to determine the means, methods,
techniques, sequences and procedures of construction as provided in the General Conditions.
END OF SECTION
Project Specifications - Page 7 of 13
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:
L Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner.
1.3 CONTRACTOR'S RESPONSIBILITIES •
A. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be
responsible for and shall pay all costs in connection with testing required for the following:
1. All performance and field testing specifically called for by the specifications.
2. All retesting for Work or materials found defective or unsatisfactory, including tests covered under 1.2
above.
3. All minimum call out charges or standby time charges from the tester due to the Contractor's failure to pave,
pour, or fill on schedule for any reason except by action of the Engineer/Engineer.
B. Contractor shall notify the Engineer 48 hours prior to performing an operation that would require testing.
1.4 CONTRACTOR'S QUALITY CONTROL SYSTEM
A. General: The Contractor shall establish a quality control system to perform sufficient inspection and tests of all
items of Work, including that of his subcontractors, to ensure conformance to the functional performance of this
project. This control shall be established for all construction except where the Contract Documents provide for
specific compliance tests by testing laboratories or engineers employed by the Owner. The Contractors' control
system shall specifically include all testing required by the various sections of these Specifications
B. Superintendence: The Contractor shall employ a full time Superintendent to monitor and coordinate all facets of
the Work. The Superintendent shall have adequate experience to perform the duties of Superintendent.
C. Contractor's quality control system is the means by which he assures himself that his construction complies with
Project Specifications - Page 8 of 13 0