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HomeMy WebLinkAbout389648 A-1 CHIPSEAL CO - CONTRACT - BID - 7417 ASPHALT SURFACE TREATMENT PROJECT (2)City Financial Smices Purchasing Dh ision 215 N. Masnn St. 2" Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgor. contlparchasing SPECIFICATIONS AND CONTRACT DOCUMENTS FOR ASPHALT SURFACE TREATMENT PROJECT - 2013 RENEWAL BID NO. 7417 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS 0 • or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are • not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: N/A The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 2, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. 9 SECTION 01310 CONSTRUCTION SCHEDULES • 1.5 OWNER'S RESPONSIBILITY 0 A. Owner's review is only for the purpose of checking conformity with the Contract Documents and assisting Contractor in coordinating the Work with the needs of the Project. B. It is not to be construed as relieving Contractor from any responsibility to determine the means, methods, techniques, sequences, and procedures of construction as provided in the General Conditions. END OF SECTION General Requirements — Page 6 of 14 SECTION 01330 SURVEY DATA 1.1 SURVEY REQUIREMENTS A. The Owner will provide the construction surveying for street improvements as needed. City Survey Crews will perform the surveying required. B. The Contractor must submit a survey request form to the City Surveyors a minimum of 48 hours prior to needingsurveyine. C. If the requested surveying cannot be accomplished in the time frame requested by the Contractor, the survey personnel shall notify the Contractor with the date on which the requested work will be completed. D. Should a sudden change in the Contractor's operations or schedule require the survey personnel to work overtime, the Contractor shall pay the additional overtime expense. E. The Contractor shall protect all survey monuments and construction stakes. If it is unavoidable to remove a survey monument or construction stakes, the Contractor is responsible for notifying the Surveyor and allowing enough time for the monuments or stakes to be relocated. The Contractor will be responsible for the cost of re - staking construction stakes and for the cost of re-establishing a destroyed monument. F. The Contractor shall be responsible for transferring the information from the construction stakes to any necessary forms and for constructing all pipelines, drainage ways, pavements, inlets, walls, and other structures in accordance with the information on the stakes and grade sheets supplied by the Owner. END OF SECTION 0 0 General Requirements — Page 7 of 14 is SECTION 01410 TESTING 1.1 GENERAL A. Provide such equipment and facilities as the Engineer. may require for conducting field tests and for collecting and forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment are found to be acceptable. Any product which becomes unfit for use after approval hereof shall not be incorporated into the work. B. All materials or equipment proposed to be used may be tested at any time during their preparation or use. Furnish the required samples without charge and give sufficient notice of the placing of orders to permit the testing. Products may be sampled either prior to shipment or after being received at the site of the work. C. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided, sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM). D. Where additional or specified information concerning testing methods, sample sizes, etc., is required, such information is included under the applicable sections of the Specifications. Any modification of, or elaboration on, these test procedures which may be included for specific materials under their respective sections in the Specifications shall take precedence over these procedures. 1.2 OWNER'S RESPONSIBILITIES A. Owner shall be responsible for and shall pay all costs in connection with testing for the following: 1. Soil tests, except those called for under Submittals thereof. 2. Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner. 3. Concrete test, except those called for under Submittals thereof. 1.3 CONTRACTOR'S RESPONSIBILITIES A. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible for and shall pay all costs in connection with testing required for the following: 1. All performance and field testing specifically called for by the specifications. 2. All retesting for Work or materials found defective or unsatisfactory, including tests covered under 1.2 above. 3. All minimum call out charges or stand by time charges from the tester due to the Contractor's failure to pave, pour, or fill on schedule for any reason except by action of the 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 ofall 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. General Requirements — Page 8 of 14 SECTION 01410 TESTING B. Superintendence: The Contractor shall employ a full time Superintendent to monitor and coordinate all facets of the Work. The Superintendent shall have adequate experience to perform the duties of Superintendent. C. Contractor's quality control system is the means by which he assures himself that his construction complies with the requirements of the Contract Documents. Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction schedule. D. Records: Maintain correct records on an appropriate form for all inspections and tests performed, instructions received from the 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 Engineer weekly. END OF SECTION 0 E General Requirements — Page 9 of 14 11 SECTION 01510 TEMPORARY UTILITIES 1.1 UTILITIES A. Furnish all utilities necessary for construction. B. Make arrangements with Owner as to the amount of water required and time when water will be needed. I. Meters may be obtained through the Water Utility Meter Shop at 221-6759 2. Unnecessary waste of water will not be tolerated. C. Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor. 1.2 SANITARY FACILITIES A. Furnish temporary sanitary facilities at each site for the needs of construction workers and others performing work or furnishing services on the Project. B. Properly maintain sanitary facilities of reasonable capacity throughout construction periods. C. Enforce the use of such sanitary facilities by all personnel at the site. D. Obscure from public view to the greatest practical extent. END OF SECTION General Requirements — Page 10 of 14 SECTION 01560 TEMPORARY CONTROLS 1.1 NOISE CONTROL A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated areas. B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. C. Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 a.m. 1.2 DUST CONTROL A. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing. B. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist with water or by application of a chemical dust suppressant. 1. Chemical dust suppressant shall not be injurious to existing or future vegetation. 1.3 POLLUTION CONTROL A. Prevent the pollution of drains and water courses by sanitary wastes, concrete, sediment, debris and other substances resulting from construction activities. I . Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site. 2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts. 1.4 EROSION CONTROL A. Take such measures as are necessary to prevent erosion of soil that might result from construction activities. Measures in general will include: a. Control of runoff. b. Trapping of sediment. c. Minimizing area and duration of soil exposure. d. Temporary materials such as hay bales, sand bags, plastic sheets, riprap or culverts to prevent the erosion of banks and beds of watercourses or.drainage swales where runoff will be increased due to construction activities. B. Preserve natural vegetation to greatest extent possible. C. Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion. D. Comply with the City of Fort Collins' Storm Drainage Erosion Control Manual. 1.5 TRAFFIC CONTROL A. Maintain traffic control in accordance with the latest revisions of the "Manual of Uniform Traffic Control Devices" (MUTCD), the City of Fort Collins "Work Area Traffic Control Handbook," and the "Larimer County Urban Area Street Standards." In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. • General Requirements — Page I I of 14 • SECTION 01560 TEMPORARY CONTROLS 1.6 HAUL ROUTES The Engineer reserves the right to set haul routes in order to protect pavements, both new and old, from heavy loads. These pavements may include, but are not limited to, recently constructed pavements, recently overlaid pavements, and/or pavements whose condition would be significantly damaged by heavy loads. END OF SECTION General Requirements — Page 12 of 14 SECTION 01700 CONTRACT CLOSEOUT 1.1 CLEANING AND RESTORATION A. Return the premises and adjacent properties to conditions existing or better than existing at the time the work was begun. This will include providing labor, equipment and materials for cleaning, repairing and replacing facilities damaged or soiled during construction. The Engineer will be the judge of the degree of restoration required. 1.2_ PROJECT RECORD DOCUMENTS A. Maintain on thejob site, and make available to the Engineer upon request, one current marked -up set of the drawings which accurately indicate all approved variations in the completed work that differ from the design information shown on the drawings. Further, these drawings should reflect all underground obstacles encountered. B. These record drawings along with any survey records, photographs and written descriptions of said work as may be required by the Engineer shall be submitted prior to project acceptance. END OF SECTION • General Requirements — Page 13 of 14 SECTION 01800 METHOD OF MEASUREMENT AND BASIS OF PAYMENT Ll 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 General Requirements — Page 14 of 14 SECTION 02000 PROJECT SPECIFICATIONS The Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction', 2011, and the Larimer County "Urban Area Street Standards", (hereafter referred to as the "Standard Specifications"), latest revisions, are made a part of this Contract by this reference, except as revised herein, and are hereby adopted as the minimum Standard Specifications of Compliance for this project. In those instances where the Standard Specifications conflict with any of the provisions of the preceding Sections, the preceding Sections shall govern. INDEX OF REVISIONS SECTION 104 Traffic and Parking Control 105 Control of Work 108 Prosecution and Progress 208 Storm Water and Inlet Protection 409 Asphalt Chip Seal 409 Asphalt Slurry Seal 409 Asphalt Cape Seat 630 Construction Zone Traffic Control E • 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. 9 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 commencement of work and shall clearly show the type of work, and the day, date, and times that the message on the sign is in effect. (For example, if a street is to be sealed on Wednesday, July 2, the street shall be posted no later than Tuesday, July 1, by 7:00 a.m. with a sign that reads similar to "NO PARKING, W EDNESDAY, JULY 2, 7:00 A.M. TO 6:00 P.M., SLURRY SEAL) See sample "NO PARKING" sign. "NO PARKING" signs shall remain in place until the street is opened to traffic and all clean up operations completed. No Parking signs may be placed, maintained, and removed by a representative of the Contractor, the Traffic Control Supervisor, or Flagger. No parks are to be spaced at 100' Apart. 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 ofthe vehicle, the Contractor shall notify the Engineer to arrange O for any required towing. If the No Parking sign has been in place for a minimum of24 hours, then the City shall 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 additional compensation for delays associated with the towing of illegally parked vehicles. Work performed by the Contractor without traffic control or placement of "No Parking" signs will not be paid for under the terms of this Contract. The Owner may deduct S 1,000.00 per day for each day traffic control devices are not in compliance with these specifications. The Contractor shall not be paid for delays resulting from traffic control issues. 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 and required adjustments. The Contractor and Engineer shall also review and determine the proposed means of handling parking and traffic control for the upcoming work. Requested changes to the traffic control, including additional signs, barricades, and/or flaggers shall be implemented immediately. /t 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 businesses, schools, and residents impacted by the work and shall communicate their schedule 48 hours prior to commencing work. Traffic Control costs including but not limited to furnishing equipment, equipment set rip/removaUinodifrcation, TCS and Flagging personnel hours, vehicles, phones, notification delivery, hand signs, communication devices, sandbags, and all related incidental items required for traffic control under this contract shall be included in the contract unit prices for the work, complete -in -place and as specified under Revision of Section 630, "Construction O Zone Traffic Control': "Variable Message Boards "and "Additional Flagging Personnel" shall be paid for under Section 630, "Construction Zone Traffic Control". Project Specifications - Page 2 of 35 i NO PARKING Wed July 7 7:00 AM - 6:00 PM SLURRY SEAL END OF SECTION Project Specifications - Page 2 of 35 E E 0 REVISION OF SECTION 105 CONTROL OF WORK 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 of work 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. ' Subsection 105.02 shall be amended to include the following: The Contractor shall furnish the required submittals in TABLE 105-1 before the commencement of work. Three (3) copies shall be furnished to the Engineer, two (2) copies will be returned to the Contractor upon approval. Submittals shall not be measured and paid for separately but shall be included in the work. ,TABLE 105-1 SUMMARY OF CONTRACTOR SUBMITTALS Section No. Description Approval Needed Reoccurring 108.03 Schedule of Work Yes Yes 208.02 Erosion Control Devices Yes No 208.06 Spill Kit: List of items included Yes No 409.00 Asphalt Mix Design Yes No 630.10 Traffic Control Plans Yes Yes 630.11 TCS Qualifications (reoccurs when TCS and flaggers change) Yes No 630.1 ] Resident Notification Letter Yes Yes COOPERATION BY CONTRACTOR Subsection 105.10 shall include the following: The City's conmhitinent 10 our Environmental Management System (EMS) requires that vehicles on Cityprojects 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. Project Specifications - Page 3 of 35 REVISION OF SECTION 105 CONTROL OF WORK INSPECTION AND TESTING OF WORK Subsection 105.16 shall include the following: The Contractor shall keep the Engineer informed of his 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 through the construction area shall be cleaned of debris by the Contractor at the earliest opportunity, but in no case shall the area not be cleaned after the completion of the day's work. It shall be the Contractor's responsibility to provide the necessary manpower and equipment to satisfactorily clean the roadway area. The Contractor shall utilize a combination of pick-up brooms, side brooms and/or other equipment as needed to clean the streets. All sweeping and clean up equipment shall be approved by the 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, as accepted, will not be measured and paid for separately, but shall be included in the work. All applied slurry, chip, and cape seal surfaces shall be swept by an approved vacuum style sweeper to remove any excess raveled material which becomes dislodged from the street surface after seven (7) calendar days, or as directed by the Engineer, and again after 30 calendar days, or as directed by the Engineer. Any dislodged material which has migrated to gutters, sidewalks, and driveways shall be removed at this time. Dislodged material shall be disposed of to a site approved by the Engineer. Excessive raveling, as determined by the Engineer, shall be swept by the Contractor at no additional cost to the Owner. Sweeping shall be paid for per each complete sweeping of all surfaces, and shall include "No Parking" signs, blowing or sweeping of gutters, sidewalks, and driveways as necessary prior to sweeping treated surfaces. Payment shall include all equipment, labor, materials, overhead, incidentals and mobilization required to complete the work as described in the specifications. • Project Specifications - Page 4 of 35 0 REVISION OF SECTION 105 CONTROL OF WORK BASIS OF PAYMENT Payment will be made under: Pay Item Unit 105.01 Sweeping - All street and parking lot surfaces Each 105.02 Sweeping — All parking lot surfaces Each The above prices and payments shall include full compensation for furnishing all equipment, labor, materials, tools, mobilization, traffic control devices, TCS and flagging personnel, traffic control signage (`No Parking' signs), incidentals and for sweeping treated surfaces, including blowing or hand sweeping of gutters, sidewalks, and driveways prior to sweeping treated surfaces. END OF SECTION Project Specifications - Page 5 of 35 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 hid, and shall include number of working days per area to complete all unit work items covered by the contract. Vicinity maps of each area are included in Section 03500, Project Maps. The schedule should take any priorities into consideration. The schedule should also include projected start and end dates. Individual street quantities are described in Section 02500, Quantity Estimates. Prior to award, mutually acceptable milestones shall be determined by the Contractor and the City based on the schedule of working days discussed above. LIMITATION OF OPERATIONS Subsection 108.05 shall include the following: The work shall be completed within the following calendar months: JAN FEB MAR APR MAY JUNE DULY AUG SEP OCT NOV DEC DETERMINATION AND EXTENSION OF CONTRACT TIME Subsection 108.08 shall include the following: Work hours shall be 7:00 a.m. to 5:00 p.m., Monday through Friday, or as approved by the Engineer. All Work is to be complete for a single project area within thirty five (35) consecutive working days during the months of May through August. It is the intent of this project to be completed within thirty five (35) consecutive working days afterwork commences for the City of Fort Collins as described below: • Fourteen (29) consecutive working days will be allotted for construction. • Three (3) consecutive working days will be allotted for the first sweeping operation. See Revision of Section 105, Maintenance During Construction • Three (3) consecutive working days will be allotted for the second sweeping operation. See Revision of Section 105, Maintenance During Construction • Failure to meet the working days described above, or failure to commence sweeping at the described intervals shall result in damages assessed against the Contractor as described in Article 3 of the Agreement, Contract Times. • Delays and extensions of time are described in the General Conditions. 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 Project Specifications - Page 6 of 35 0 REVISION OF SECTION 108 • PROSECUTION AND PROGRESS in thirty five (35) consecutive working days, shall result in liquidated damages assessed against the Contractor. 0 • At the City's option, liquidated damages in the amount of $ I,000.00 per day maybe 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 7 of 35 REVISION OF SECTION 208 STORM WATER AND INLET PROTECTION Section 208 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 208.01 shall be revised as follows: 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, and the City of Fort Collins Environmental Standard Operating Procedures contained herein, section 04000, and the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction . 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 ofthis project, shall be the sole responsibility of the Contractor. MATERIALS Subsection 208.02 shall be revised as follows: Contractor will submit the type of material to be used for erosion control measures prior to beginning the work. See section 03000. Straw wattles shall not be allowed. I. 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 Wattle Inlet Protection shall meet the following requirements: 1. Infill material: Shredded recycled rubber 2. Weight: approximately 10 Ibs 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. CDOT Gravel Bag Inlet Protection shall meet the following requirements: I . Infill material: CDOT #67 washed rock or approve equal 2. Weight: approximately 20 Ibs per linear foot 3. Diameter: Approximately 5 inches 4. Geotextile fabric: Made of a durable fabric with a typical weight of 6-10 oz/yd. CONSTRUCTION REQUIREMENTS Subsection 208.03 shall be revised as follows: All erosion control measures must be installed prior to starting work. It shall be the responsibility of the contractor to ensure that all roadways near the project are kept clean of construction debris. ' Project Specifications - Page 8 of 35 REVISION OF SECTION 208 • STORM WATER AND INLET PROTECTION Inlet filters Designated storm drainage system inlets shall be filtered as directed by the Engineer. Alternative treatments (such as native grass filtering) may be used as an alternative to wattle or other protection before water is discharged into streams or onto adjacent properties. Drop Inlets Drop inlets in unpaved areas shall be filtered with a piece ofnon-woven, needle punched, polypropylene landscaping fabric with a weight of 4 ounces / SY anchored by recycled rubber or rock sock wattles traversing the entire perimeter. Materials other than fabric and wattle inlet protection must be demonstrated to provide the same level of treatment before acceptance by the Engineer. Maintenance The contractor shall continuously maintain all erosion and sediment control features so that they function properly during site construction. All inlet filters shall be inspected and repairs made after each runoff event. Sediments shall be removed when one half of the design depth has been filled. Removed sediments shall be removed immediately from the traveled way of roads and streets and disposed of properly. METHOD OF MEASUREMENT • Subsection 208.11 shall include the following: Payment shall 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 shall be made by the lineal foot for the protection of the location. Payment for fabric and wattle inlet protection 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 downstream 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 9 of 35 REVISION OF SECTION 208 STORM WATER AND INLET PROTECTION BASIS OF PAYMENT Subsection 208.12 shall include the following: Payment will be made under: Pay Item 208.01 Stormwater Protection — Wattle Unit Lineal Foot 208.02 Stonnwater Protection — Fabric and Wattle Inlet Protection Each The above prices and payments shall include full compensation for fitrnishing all labor, materials, tools, equipment, traffic control devices, TCS and flagging 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 Project Specifications - Page 10 of 35 • 0 _0 0 0 By: in JOHN D. EPHEN, CPP0, LEED AP INTERIM DIRECTOR OF PURCHASING AND RISK MANAGEMENT Title: Q c`r"%— Date: S i 3 Attest: CRy Clerk /G'A rc Address for giving notices: P. 0. Box 580 Fort Collins, CO 80522 CONTRACTOR: A-1 CHIPSEAL CO. By: Daniel J. Gryzmala PRINTED Title: Vice President Date: S"N't (CORPORATE SEAL) Atte t: Stephan a Wallis, Corporate Secretary Address for giving notices: 2001 W. 64th Lane, Denver, CO 80221 License No.:. REVISION OF SECTION 409 SEAL COAT DESCRIPTION Subsection 409.01 shall include the following: This work shall consist of furnishing and installing polymerized emulsified asphalt integrated with surface treatments including chip seal, double chip seal, slurry seal, cape seal, and a fog seal, when required, on properly prepared roadway surfaces as specified herein and as directed by the Engineer. MATERIAL Subsection 409.02 shall be deleted and replaced with the following requirements for the applicable treatment: ASPHALT EMULSION — GENERAL Asphalt 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 each requested material 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. 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; however the heat shall not reach the temperature required for the chemical process to respond as if the emulsion . had been applied to the road. ASPHALT EMULSION - CHIP SEAL • 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 three percent (3.0%) 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 polymer shall be incorporated by co -milling into the emulsion and shall be capable of being pumped and be suitable for application through a distributor truck. Project Specifications - Page 11 of 35 REVISION OF SECTION 409 SEAL COAT Table 702-2 shall be deleted and replaced with the following: Tests on Emulsion (CRS-2P) Minimum Maximum Test Method Viscosity, at 50°C, Saybolt Furol, sec (a) 80 450 AASI-ITO T59 Storage Stability, 24-hr, % Max (a) 1.0 AASI-ITO T59 Particle Charge Test Positive AASI-ITO T59 Sieve test, % Max (a) 0.10 AASI-ITO T59 Demulsibility, % Min (c) 40 AASI-ITO T59 Oil Distillate by Volume, % Max or Range 3.0 AASHTO T59 Residue by distillation/evaporation, % min (b) 70 T59 Tests on Residue Minimum Maximum Test Method Penetration, 25°C, I00g, 5s, min, drum 60 110 AASI-ITO T49 Ductility, 25°C, 5 cm/min, cm 100 AASHTO T51 Ductility, 4°C, 5 cm/min, cm, min 45 AASHTO T51 Toughness, in-lbs, min 110 CP-L 2210 Tenacity, in lbs, min 75 CP-L 2210 Elastic Recovery, 25°C 75 AASI-ITO T301 Softening Point, Ring & Ball, °C 57 AASI-ITO T 53 Solubility in Trichloroethylene, % min 97.5 AASI-ITO T44 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) 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. c) The Demulsibility test shall be made within 30 days from the date of shipment. ASPHALT EMULSION - SLURRY SEAL The emulsified asphalt shall conform to Grade CQS- I HL (Cationic Quick Setting Emulsified Asphalt with Latex Polymer) as specified in ASTM D977 and D2397 (Specification for Emulsified Asphalt and Cationic Emulsified Asphalt), except that the residual asphalt having a penetration of40 — 90, shall constitute at least 60 percent ofthe emulsion by weight, and that the Saybolt Furol Viscosity of the emulsion at 77' F (25' C) shall not exceed 50 seconds. Slow setting emulsions may not be used. CQS-II-IL shall be an emulsified blend of asphalt, water, and styrene-butadiene rubber (SBR) latex and emulsifiers. The emulsion shall be pumpable and suitable for use in slurry seal mixing and spreading equipment, and suitable for application through a distributor truck. The emulsion shall contain a minimum of three percent (3.0%) by weight of SBR polymer solids based on weight of residual asphalt. The slurry seal mixture shall contain an emulsion content of 10 —20% by weight of dry aggregate which shall be determined in the laboratory by an approved mix design process. The residual asphalt content shall be 10 — 20% based on weight of dry aggregate. 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. Project Specifications - Page 12 of 35 E REVISION OF SECTION 409 SEAL COAT Tests on CQS-1hL Emulsion Minimum Maximum Test Method Viscosity, at 50°C, Saybolt Furol, sec (a) 20 100 AASHTO T59 Storage Stability, 24-hr, % Max (a) 1.0 AASHTO T59 Particle Charge Test Positive AASHTO T59 Sieve test, % Max (a) 0.10 AASHTO T59 Distillation: (b) AASHTO T59 Residue, % 60 AASHTO T59 Polymer: Polymer Solids Based on Weight of Asphalt % 3.0 AASHTO T59 Residue by distillation/evaporation, % min (b) 65 AASHTO T59 Tests on Residue Minimum Maximum Test Method Penetration, 25°C, I00g, 5s, min, drum 40 90 T49 Ductility, 4°C, 5 cm/min, cm, min 40 T51 . Solubility in Trichloroethylene, % min (c) 97.5 T44 Elastic Recovery, 25' C 60 T301 Softening Point, Ring & Ball, °C 57 T 53 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 installation year. b) For polymerized emulsions the distillation and evaporation tests will in be conformance with AASI-ITO T- 59 or CP-L 2212 with modifications to include 205 +/- 5° C maximum temperatures to be held for 15 minutes. c) The Demulsibility test shall be made within 30 days from the date of shipment. ASPHALT EMULSION — CAPE SEAL Cape Seal emulsified asphalt shall conform to the requirements for Chip Seal and Slurry Seal emulsion for each layer of treatment emulsion respectively. AGGREGATE MATERIAL Subsection 409.03 shall include the following: AGGREGATE — GENERAL All materials shall be pre -tested by the Contractor, at no cost to Owner, in a qualified laboratory as to their suitability for use in the installation and conformance with project specifications. The laboratory shall issue a current report (within 6 months of installation) showing the results of tests performed on the individual materials, comparing their values to those required by this specification. The aggregate shall be washed, hard, durable, and clean rock free from dirt, organic matter, clay balls, adherent films of clay, or other objectionable material. The presence of oversized material and/or clay balls shall be grounds for rejection. Project Specifications - Page 13 of 35 REVISION OF SECTION 409 SEAL COAT Samples of materials and of the finished surface shall be fitmished by the Contractor as directed by the Engineer during progress of the work at no expense to the Owner. Test reports shall be required from the Contractor as additional materials arrive. Testing costs will be computed in accordance with section 1410 "Testing". 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. Segregation of the aggregate will not be permitted. The Contractor is solely responsible for finding and securing a suitable staging area. The location of the staging must be submitted and approved by the Project Manager prior to use. No portion of the right of way may be used for storage of any materials or equipment. 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. Aggregate shall be manufactured crushed fine grained, igneous rock (grain size less than 0.5 mm) having a positive attraction to the binder(s), shall be of the same material source, and must comply with the following: Test on Aggregate Maximum Test LA Abrasion, % loss 20 AASHTO T 96 Flat & Elongated (3 to 1), % 5 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 AGGREGATE — CHIP SEAL Table 703-6 shall be deleted and replaced with the following table: Gradation Sieve Size 3/8" Chip Seal 1/4" Chip Seal 1 /2" 100 100 3/8" 100 too 1/4" 0-35 100 No. 8 0-3 0-3 No. 200 0-1.5 0-1.5 AGGREGATE —SLURRY SEAL The mineral aggregate shall consist of natural or manufactured sand, slag, crusher fines, and others, or a combination thereof and be gray in color. The aggregate shall be 100% crushed. Smooth -textured sand of less than 1.25% water absorption shall not exceed 50% of the total combined aggregate. Project Specifications - Page 14 of 35 0 E REVISION OF SECTION 409 SEAL COAT The aggregate shall be clean and free from organic matter and other deleterious substances. When tested in accordance with AASHTO T176 or ASTM A2419 (Sand Equivalent Value of Soils and Fine Aggregates), the aggregate shall have a sand equivalent of not less than 65. When tested in accordance with AASHTO T 104, or ASTM C88 (Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulphate), the aggregate shall show a loss of not more than 15% using NA2SO4, or 25% using MgSO4. 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. Mineral fillers such as Portland cement, limestone dust, lime, fly ash, and other approved fillers shall be considered as part of the blended aggregate, used in the minimum amount required, and manufactured in the project year. Cost of mineral fillers, if used, is to be included in the unit price of the slurry seal and shall not be paid for separately. They shall meet the gradation requirements ofAASI-ITO M17 or ASTM D242 (Mineral Filler for Bituminous Paving Mixtures). Mineral fullers shall be used for one or more of the following reasons only: 1. To improve the gradation of the aggregate. 2. To control the time of break of the emulsion. 3. To provide improved stability and workability of the slurry. 4. To increase the durability of the cured slurry. • Screening of aggregate shall be required at the quarry prior to delivery to thejob site. Oversized material and/or clay balls in the slurry seal shall be cause for rejection. The total aggregate, including mineral filler, shall conform to the following gradation when tested by AASHTO T27, or ASTM C 136 (Sieve Analysis of Aggregates): SIEVE SIZE _7[ PERCENT PASSING TYPE 11 3/8" ( 9.5 mm) 100 No. 4 (4.75 mm) 90 - 100 No. 8 (2.36 mm) 65 - 90 No. 16 ( 1.18 nmr) 45 - 70 No. 30 ( 600 um) 30 - 50 No. 50 ( 330 um) 18 - 30 No. 100 ( 150 umT71 10 - 20 No. 200 ( 75 um) 5 - 15 The Contractor shall submit a Certificate of Compliance from the intended aggregate producer. This certificate shall verify that the material conforms to the applicable Project Specifications and Revision of Section 409, Asphalt Slurry Seal. This certificate shall be supplemented by laboratory test data performed by an independent • testing laboratory at no expense to the Owner. Project Specifications - Page 15 of 35 REVISION OF SECTION 409 SEAL COAT MIX DESIGN At least two weeks prior to commencement of work, the Contractor shall submit a signed mix design covering the specific materials to be used on the project. This design shall be performed by a laboratory qualified to perform International Slurry Seal Association (ISSA) tests. Once the materials are approved, no substitution will be permitted, unless first tested by the laboratory preparing the mix design and approved by the 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. 2. Specifications The Engineer shall approve the design mix and all materials and methods prior to use. The component materials shall be within the following limits: Residual Asphalt Type IL Mineral Filler Additive Water WATER 5.0% to 15.0% by dry weight of aggregate 0.5% to 2% by dry weight of aggregate As required to provide the specified properties As required to produce proper mix consistency All water used in making the slurry shall be potable and free of dissolved ingredients that may prove harmful. Water shall be of such quality that the asphalt will not separate from the emulsion before the slurry seal is in place. The effect of moisture content on the specific weight of the aggregate, and the moisture content of the aggregate being used, shall be taken into account in calibrating the machine to deliver mix in the correct proportion. LABORATORY TESTING All materials shall be pre -tested by the Contractor, at his expense, in a qualified laboratory as to their suitability for use in slurry and conformance with project specifications. The laboratory shall issue a current report which shows the results of tests performed on the individual materials, comparing their values to those required by this specification. The report will provide the following information on the slurry seal mixture: TEST PURPOSE METHOD SPECIFICATION Slurry Seal Consistency ISSA T 106 2 - 3 cm Excess Asphalt ISSA T109 50 g/ft' max Wet Stripping Test ISSA T114 Pass (90%min) Compatibility ISSA T 115 Pass* Quick Set Emulsion ISSA T102 Pass** Project Specifications - Page 16 of 35 i • • • REVISION OF SECTION 409 SEAL COAT TEST PURPOSE METHOD SPECIFICATION Wet Track Abrasion ASTM D3910 1 I -lour Soak Loss 50 g/ft2 max (538 g/M2 max) 6 Day Soak Loss 75 g/ft' max (807 g/m2 max) * Mixing tests must pass at the maximum expected air temperature. ** Using specific job aggregate and emulsion content. The laboratory shall further report the quantitative effects of moisture content on the unit weight of the aggregate (Bulking effect). The laboratory report must clearly show the proportions of aggregate, mineral filler (minimum and maximum), water (minimum and maximum), additive(s) (usage), and asphalt based on the dry aggregate weight. A current and complete laboratory analysis and test report, accompanied by abraded and unabraded slurry test samples, shall be submitted by the Contractor at least two weeks prior to commencement of any work. If the Contractor performs this testing, the Engineer or his representative shall be allowed to observe all testing. AGGREGATE — CAPE SEAL Cape Seal aggregate shall conform to the requirements for Chip Seal and Slurry Seal aggregate for each layer of treatment aggregate respectively. CONSTRUCTION REQUIREMENTS - GENERAL . The Contractor shall notify businesses, schools, and residents at least 48 hrs prior to starting each please of the installation (see Revision of Section 630, Construction Zone Traffic Control). The 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 visiting www.fcgov.com/streets." Subsection 409.04 shall include the following: WEATHER LIMITATIONS No bituminous material shall be applied as follows: 1. When there is any danger the finished product will freeze before it cures completely. 2. When the pavement or air temperature is 60°F (16' C) or below and falling. 3. While puddles of water remain on the surface to be coated. 4. As directed by the Engineer. Project Specifications - Page 17 of 35 REVISION OF SECTION 409 ASPHALT CHIP SEAL, SLURRY SEAL & CAPE SEAL • Subsection 409.05 shall include the following: EQUIPMENT -GENERAL 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 inininnun of seven (7) days before commencement of work. The equipment shall conform to the following minimum requirements: Proportioning Devices Individual volume or weight controls for proportioning each material shall be provided and properly marked. 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 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 treatment 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. 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 often 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. • Project Specifications - Page 18 of 35 REVISION OF SECTION 409 ASPHALT CHIP SEAL, SLURRY SEAL & CAPE SEAL 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. 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" and 1/4 " 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. • Slurry Spreading Equipment The surfacing mixture shall be spread uniformly by means of a mechanical type squeegee distributor, having a rubber -like material in contact with the surface to prevent unwanted egress of slurry. It shall prevent loss of slurry on varying grades and crown by adjustments to assure uniform spread. An appropriate mechanical device for lateral distribution of the slurry shall be operated within the spreader box. There shall be a steering device, a flexible strike -off, and a burlap type or other approved drag for the longitudinal joint. The spreader box shall be equipped with paddles or augers to agitate and spread the materials throughout the box. It shall be capable of producing a uniform surface its full width. A front seal shall be provided to ensure no loss of the mixture at the road contact point. The rear seal shall act as final strike off and shall be adjustable. The mixture shall be spread to fill cracks and minor surface irregularities and leave a uniform skid resistant application of material on the surface. The spreader box and rear strike off shall be so designed and operated that a uniform consistency is achieved to produce a free flow of material to the rear strike off. The longitudinal joint where two spreads join shall be neat appearing, uniform, and lapped no more than six (6) inches but not less than 4". All excess material shall be removed from thejob site prior to opening the road. The spreader box shall have suitable means provided to side -shift the box to compensate for variations in pavement geometry. The box shall be kept clean, and no build-up of asphalt and aggregate shall be permitted. Spreader box skids shall be maintained in such a manner to prevent transverse chatter (wash -boarding) in the finished mat. Any type drag used shall be approved by the Engineer and kept in a completely flexible condition at all times. Rollers A minimum of two (2) rubber -tired rollers for Chip Seat and one (1) rubber -tired roller for Slurry and Cape Seal shall be used on the project unless otherwise requested by the Engineer. The pneumatic tired rollers shall be self- propelled and the gross load adjustable to apply 200 to 350 pounds per inch of rolling width, as directed. Tire pressures or contact pressures may be specified for the pneumatic tire rollers. Tire pressures on each roller shall • not vary more than plus or minus 2.0 psi. The wheels on the rollers shall be equipped with adjustable scrapers, which shall be used when necessary to clean the wheel surface. Depending on the installation rates, additional Project Specifications -Page 19 of 35 REVISION OF SECTION 409 ASPHALT CHIP SEAL, SLURRY SEAL & CAPE SEAL rollers may be required. At no time shall the rollers travel more than ten miles per hoar. The rollers shall be maintained in good condition and be operated by experienced roller operators. Sweepers A rotary broom or other approved sweeping or blowing equipment meeting applicable U.S. Environmental Protection Agency Standards may be used to windrow excess material to be picked up during the Chip Seal treatment. Vacuum designed sweepers having only negative air pressure at the road surface capable of removing excess aggregate and debris material shall be used on Chip, Slurry, and Cape Seal treatments. 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. Auxiliary Equipment Hand squeegees, portable emulsion spray systems, shovels, and all other equipment necessary to perform the work shall be provided by the Contractor at no additional cost to the Owner. SURFACE PREPARATION Subsection 409.06 shall include the following: PREPERATION OF SURFACE - GENERAL The Owner will be performing concrete repair, patching, and crack sealing on the streets prior to the application of the surface treatments. . 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. Prior to treatment installation, the Contractor shall be responsible for ensuring that the surface is cleaned of all loose material, oil, silt spots, vegetation, and other objectionable material. The roadway surface and gutter shall be included in cleaning efforts. Dust and other material in depressions or other places not removed by mechanical sweepers shall be swept with hand brooms. The Engineer may require washing of the pavement where other methods of cleaning do not provide an acceptable surface. Methods of cleaning shall be approved by the Engineer. Material removed from the surface shall not be mixed with the surface treatment materials. Bituminous material shall not be spread until the area has been cleaned to the satisfaction of the Engineer. All vegetation shall be removed from the surface to be sealed prior to surface treatment placement. Any dead or remaining vegetation shall be removed before sweeping. 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 protection method and procedure shall be submitted and approved by the Engineer. See Section 210, Reset Structures. SURFACE PREPARATION — CHIP SEAL Chip Seal surface preparation shall meet the aforementioned general requirements. SURFACE PREPARATION — SLURRY SEAL In addition to Slurry Seal surface preparation meeting the surface preparation general requirements, Slurry Seal • Project Specifications - Page 20 of 35 • SECTION 00530 NOTICE TO PROCEED Description of Work: 7417 Asphalt Surface Treatment Project To: A-1 Chipseal Co. This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within () calendar days from receipt of this notice as required by the Agreement. Dated this day of 20 The dates for Substantial Completion and Final Acceptance shall be 20_and • 20_, respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this _day of 20 CONTRACTOR: A-1 CHIPSEAL CO. Title: is REVISION OF SECTION 409 ASPHALT CHIP SEAL, SLURRY SEAL & CAPE SEAL being placed over a surface that has been cleaned of oil spots shall require an approved primer application or other approved process for mitigating potential de -lamination. If the Slurry Seal is being placed over a brick or concrete surface, a highly absorbent asphalt surface, areas subjected to dusty conditions or over a surface where the aggregate has become exposed and is polished and slick, a one part emulsion, three part water tack coat of the same emulsion type and grade as specified for the slurry is recommended. This can be applied with an asphalt distributor. The normal application rate is 0.05 to 0.15 gallons of the diluted emulsion per square yard of surface (0.23 to 0.70 liters per square meter). The Engineer will have final authority to determine if tack coat is required and the rate at which it shall be applied. SURFACE PREPARATION — CAPE SEAL Cape Seal shall meet the general requirements for surface preparation above . APPLICATION — ASPHALT AND AGGREGATE Subsection 409.07 and 409.08 shall include the following: APPLICATION — GENERAL Ensuring proper spread rates and material proportions is the sole responsibility of the Contractor's. The Owner will continually be checking quantities using run sheets. The Contractor is encouraged to also check quantities with run sheets to avoid the penalties described herein. Yield estimates with supporting documentation from the metering devices and material delivery tickets will be provided by the Contractor daily. The seal coat shall be applied to alternating streets to provide sufficient public parking for those residents living on streets which have been closed. Traffic will not be allowed on the newly placed bituminous material until, in the opinion of the Engineer, the bituminous material has sufficiently set and bonded to prevent damage by vehicular traffic. Areas which are subject to an increased rate of sharp turning vehicles may require additional time to allow for a more complete cure of the surface application to prevent damage. Street closures shall be opened as soon as the material has sufficiently set and bonded. Manholes and valves on streets to be slurry sealed shall be clean when the work is completed. They shall be covered in a suitable manner prior to sealing, and the covering shall be removed immediately after the street is sealed. The Contractor shall submit the method for protecting manholes and valves to the Engineer for approval at least two weeks prior to commencement of work. After sealing, the Contractor shall verify accessibility to manholes and valves to the satisfaction of the Engineer at the end of each day. Manholes and valves shall be marked by the Contractor prior to placing the slurry to insure each one is located and can be found after slurry sealing. 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. Samples of materials shall be furnished as directed by the Engineer during progress of the work at no expense to Owner. isThe Engineer may use the recorders and measuring facilities of the unit(s) to determine application and yield rates. Project Specifications - Page 21 of 35 REVISION OF SECTION 409 ASPHALT CHIP SEAL, SLURRY SEAL & CAPE SEAL 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. Tests may be run on the aggregate and emulsion. Test results will be compared to the specifications. The Engineer shall notify the Contractor immediately if any test fails to meet the specifications. Frequency of assurance testing will be at the direction of the Engineer. Noncompliance of materials shall be basis for rejection. It is the responsibility of the Contractor, at his own expense, to prove to the Engineer that the conditions have been corrected before work may continue. APPLICATION — CHIP SEAL AND DOUBLE CHIP SEAL Chip Seal surface treatments shall be installed as a Chip Seal (one layer) or a Double Chip Seal (two layer) installation. The surface aggregate size shall be 1/4" on residential streets and 3/8" on collector and arterial streets. The aggregate and CRS-2P application rates for a Chip Seal treatment shall be in accordance with the following: CHIP SEAL APPLICATION TABLE (one layer) Material 3/8" Chip 1/4" Chip CRS-2P-Chipseal 0.34-0.40 Gal/SY 0.28-0.34 Gal/SY CRS-2P-Fogseal 0.11-0.14 Gal/SY 0.08-0.12 Gal/SY Aggregate 22 lbs/SY Minimum 18 lbs/SY Minimum Double Chip Seal surface aggregate size shall be 1/4" over 3/8" on residential streets and 3/8" over 3/8" on collector and arterial streets and shall be in accordance with the following: DOUBLE C1 1P SEAL APPLICATION TABLE (two layers) Material 3/8" on 3/8" Chip 1/4" on 3/8" Chip CRS-2P-Chipseal 0.68-0.79 Gal/SY 0.62-0.75 Gal/SY CRS-2P-Fogseal 0.11-0.14 Gal/SY 0.08-0.12 Gal/SY Aggregate 55 Ibs/SY Minimum 50 lbs/SY Minimum The specific emulsion and cover aggregate application rate shall also be determined using factors such as surface temperature, traffic volume, existing road condition, and time of year. The application rate maybe modified at any time during the course of the construction upon approval by the Engineer. 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 160 -185' F. The distributor shall be moving forward at the proper application speed at the time the spray bar is opened. 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. The nozzle angle and bar height shall be set to provide one hundred percent (100) of double coverage in a single • pass. 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 Project Specifications - Page 22 of 35 REVISION OF SECTION 409 ASPHALT CHIP SEAL, SLURRY SEAL & CAPE SEAL distributor plus one (1) foot shall be used at the beginning of each spread. If the cut-off is not positive, the use of paper shall be required at the end of each spread. The paper shall be disposed of in a lawful manner. Any skipped areas or deficiencies shall be corrected. Junctions of spreads shall be carefully made to assure a smooth riding surface. The length of spread of bituminous material shall not be in excess of that which trucks loaded with cover coat material can immediately cover. The spread of bituminous material shall not be more than four (4) inches wider than the width covered with aggregate from the spreading device and shall not spread onto the concrete, gutter, or crosspan. The Contractor shall use roofing paper or some other approved means of concrete crosspan protection to eliminate emulsion spray on concrete Under no circumstances shall operations proceed in such a manner that the bituminous material be allowed to chill, set up, dry, or otherwise impair retention of the aggregate. Application rates shall be sufficient to prevent streaked appearance in the 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. 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; however, excess dust will be a cause for rejection of the aggregate. Immediately after the cover coat is spread, any deficient areas shall be covered by additional material. Rolling Rolling shall proceed in a longitudinal direction, beginning at the outer edges of application and working toward the center. Each pass shall overlap the previous pass by one-half of the width of the front wheel or roll. There shall be a minimum of three (3) passes with the pneumatic -tired rollers over the entire surface prior to moving ahead. One pass will be considered the number of trips to cover the entire surface from one side of the street to the other and for the length being worked. The first rolling of the aggregate shall be made before the asphalt emulsion breaks (roller shall complete the first rolling within approximately two and one-half(2 ''/a) 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 proper time, 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 Project Specifications - Page 23 of 35 REVISION OF SECTION 409 ASPHALT CHIP SEAL, SLURRY SEAL & CAPE SEAL observation of the stockpile. Clean up Emulsion sprayed on concrete crosspans will require removal by approved methods at the Contractors expense. All material swept or blown onto sidewalks, all trash, all discarded chip seal material or other construction debris shall be collected on a daily basis, removed from the site, and disposed of to a site approved by the Engineer. Fog Seal Application Within three (3) days of application of the chip seal, or as directed by the Engineer, the Contractor shall re -sweep all excess aggregate from the roadway and adjacent areas and apply a fog seal of CRS-2P to the surfaces. t APPLICATION — SLURRY SEAL Slurry Seal application rate shall be 18 Ibs/sy minimum — 21 Ibs/sy maximum. The slurry shall be a homogeneous mixture, sufficiently stable during the entire mixing - spreading period so that the emulsion does not break, there is no segregation of fines from the coarser aggregate, and the liquid portion of the mix does not float to the surface. Total time of mixing, from introduction of emulsion to spreading shall be two minutes or less. Slurry mixtures placed in test strips shall conform to design mix with minor variations to obtain crack filling, bond to pavement, and desired skid resistance texture. In the event the materials do not meet the requirements for fluidity, non -segregation, or surface texture, a newjob mix shall be formulated and tested. Work shall not proceed before approval of a design mix and acceptance following the placing of a test strip. General The surface shall be fogged with water directly preceding the spreader if required by local conditions as directed by the Engineer. No free water shall be on the surface of the pavement following fog spray. Rate of application of the fog spray shall be adjusted during the day to suit pavement temperatures, surface texture, humidity, and dryness of pavement surface. The slurry mixtures shall be of the desired consistency as it leaves the mixer, and no additional elements shall be added. A sufficient amount of slurry shall be carried in all parts of the spreader at all times so that complete coverage is obtained. No lumping, balling, or unmixed aggregates shall be permitted. No segregation of the emulsion and aggregate fines from the coarse aggregate will be permitted. If the coarse aggregate settles to the bottom of the mix, the slurry will be removed from the pavement. Breaking of the emulsion in the spreader box will not be allowed. No streaks as caused by oversized aggregate will be left in the finished pavement. Rippling of the finished pavement is undesirable and shall be minimized. The speed maybe reduced by the Engineer, if rippling of the surface occurs. At any time that segregation, texture, rippling or application rate are in non compliance with the specifications due to mix equipment or workmanship, work will be stopped until the Owner's representative is insured that the non conformance has been corrected. After lay -down work is completed and before final acceptance by the Engineer, spot application of slurry seal material may be required to correct any deficiencies such as streaking, scuff marks, tire tracks, gaps, etc. to improve the ride quality and overall appearance. Slurry seal material required to correct deficiencies due to unsatisfactory workmanship will not be paid for but shall be at the Contractor's expense. 0 Project Specifications - Page 24 of 35 REVISION OF SECTION 409 OASPHALT CHIP SEAL, SLURRY SEAL & CAPE SEAL Joints The longitudinal joint between adjacent lanes shall have no visible lap, pinholes, or uncovered areas. Build-up or unsightly'appearance shall be not be permitted on longitudinal or transverse joints. The use of burlap drags or other type drags shall be at the direction of the Engineer. Thick spots caused by overlapping shall be smoothed immediately with the hand squeegees before the emulsion breaks. Longitudinal joints shall be overlapped no more than six (6) inches over previously placed slurry. Slurry seal will be measured and paid for by the square yard of street surface properly sealed and accepted by the Engineer. Building paper shall be used at transverse joints to minimize or eliminate overlap. When drags are used, they must be kept clean and free of build-up. Joints shall be straight and have a neat appearance. Hand Work Approved hand squeegees with. burlap drags shall be used to spread slurry in areas not accessible to the slurry mixer. Care shall be exercised as to the specified application rate and workmanship, as to leave no unsightly appearance from hand work.. Mix Stability The mixture shall possess sufficient stability so that premature breaking of the material in the spreader box does not occur. The mixture shall be homogeneous during and following mixing and spreading, it shall be free of excess water or emulsion and free of segregation of the emulsion and aggregate fines from the coarser aggregate. Spraying of additional water into the spreader box will not be permitted. Lines OCare shall be taken to ensure straight lines along curbs, shoulders and joints. No runoff on these areas will be permitted. Lines at intersections will be kept straight to provide a neat appearance. E Curing Slurry treated areas shall be allowed to cure until such time as the Engineer permits their opening to traffic. The slurry seal mixture shall be proportioned to permit traffic on the newly sealed surface within 1 to 4 hours of placement. The Contractor shall protect the area with suitable barricades for the full curing period, per the approved traffic control plan. Rolling Slurry seal placed on parking lots, alleys, cul-de-sacs or low traffic volume areas, as determined by the Engineer, shall be rolled with a pneumatic tire roller with a minimum weight of four (4) tons. Rolling shall start when the slurry seal has set sufficiently to prevent any pick-up of material and rolled a minimum of three (3) coverages by the roller until a uniform surface is obtained. Payment for rolling will not be measured or paid for separately, but shall be included in the unit price for Slurry Seal. Cleanup All material swept or blown onto sidewalks, all trash, all discarded slurry seal material; or other refuse shall be collected on a daily basis, removed from the site, and disposed of to a site approved by the Engineer. Slurry seal on concrete curb, gutters, and crosspans will require removal by approved methods at the Contractors expense. Project Specifications - Page 25 of 35 REVISION OF SECTION 409 ASPHALT CHIP SEAL, SLURRY SEAL & CAPE SEAL All applied slurry surfaces shall be swept with a vacuum style sweeper to remove any excess raveled material which becomes dislodged from the street surface after seven (7) working days. Dislodged material from the street shall be disposed of to a site approved by the Engineer. Payment for sweeping shall be paid for separately as described in Section 02000 "Revision of Section 105; Maintenance During Construction". Excessive raveling, as determined by the Engineer, shall be swept by the Contractor at no additional cost to the Owner. APPLICATION — CAPE SEAL The installation of the slurry seal layer over the chip seal layer shall be applied within three (3) working days of the Chip Seal installation. Cape Seal requirements shall follow the application specifications outlined in the above sections under Chip Seal and Slurry Seal and conform to the following: Material 3/8" Chip 1/4" Chip CRS-2P-Chipseal 0.30-0.36 Gal/SY 0.26-0.32 Gal/SY Aggregate 22 Lbs/SY Minimum 20 Lbs/SY Minimum Material 3/8" Chip 1/4" Chip Slurry Seal 20 Lbs/SY Minimum 18 Lbs/SY Minimum METHOD OF MEASUREMENT Subsection 409.09 shall be revised as follows: Chip Seal and Double Chip Seal will be measured and paid for at the contract unit prices per square yard of street surface properly sealed and accepted by the Engineer minus any reduction for noncompliance with approved aggregate and emulsion application rates. Slurry Seal shall be measured and paid for at the contract prices per square yard of street surface properly sealed and accepted by the Engineer, minus any reduction for noncompliance with approved aggregate and emulsion application rates. No separate payment for additional additives will be made unless approved prior to use by the Engineer. Cape Seal shall be measured and paid for at the contract prices per square yard of street surface properly sealed and accepted by the Engineer, minus any reduction for noncompliance with approved aggregate and emulsion application rates Application rates shall meet the requirements contained herein. If the yield is determined to be below the minimum application rates, the treatment will be subject to rejection or a price reduction as determined by the Engineer as follows: AMOUNT BELOW MINIMUM APPLICATION RATE PERCENTAGE REDUCTION IN FINAL PAYMENT 1 - 5% l0% or Rejection 5 - 10% 20% or Rejection 10% + IF Determined by Engineer or Rejection Project Specifications - Page 26 of 35 • 0 REVISION OF SECTION 409 toASPHALT CHIP SEAL, SLURRY SEAL & CAPE SEAL BASIS OF PAYMENT Subsection 409.10 shall be revised as follows: The accepted quantities of chip seal will be paid for at the contract prices per square yard of street surface properly sealed and accepted by the Engineer, minus any reduction for noncompliance with approved aggregate and emulsion application rates. Payment will be made under: Pay Item Unit 409.01 Chip Seal (Arterial) Square Yard 409.02 Chip Seal (Collector) Square Yard 409.03 Chip Seal (Residential) Square Yard 409.04 Double Chip Seal (Residential) Square yard 409.05 Type II Slurry Seal (Collector) Square Yard • 409.06 Type 11 Slurry Seal (Residential) Square Yard 409:07 Type 11 Slurry Seal (Parking Lots) Square Yard 409.08 Cape Seal (Collector) Square Yard 409.09 Cape Seal (Residential) Square Yard 409.10 Cape Seal (Parking Lots) Square Yard The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, required traffic control devices, TCS and flagging personnel, traffic control signage, incidentals, preparing street surfaces, installing a tack or fog coat when required, rolling, clean up, and for all the work involved, complete -in - place, including haul, disposal, and cleanup as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION Project Specifications - Page 27 of 35 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES 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, barricades, channelizing devices, and delineators as required by the latest revisions of the City of Fort Collins "Work Area Traffic Control Handbook," the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD), the Latimer 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 lite MUTCD criteria and the City's criteria, the City's criteria shall govern. "The City of Fort Collins Master Street Plan" map depicting the street classifications (Arterial, Collector, and Residential) can be found at the following link: http://citydocs fegov.com/?dt—Master+Street+Plan+Map&dn=GIS+MAPS&vid=l92&cmd=showdt MATERIALS Subsection 630.02 shall include the following: All traffic control devices shall must meet or exceed the required minimum standards. Traffic control devices shall be clean and in good operating condition when delivered and shall be maintained in that manner on a daily basis. • 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 and bicyclists traveling in the opposite direction and residents potentially affected by 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. • Project Specifications - Page 28 of 35 REVISION OF SECTION 630 • TRAFFIC CONTROL DEVICES Notification of residents and businesses shall be the responsibility of the Contractor, Contractor Representative, 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 concrete placement, etc.), dates and times of the work, and parking and access restrictions that will apply. Sample letters shall be provided by the Engineer. 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 48 hours prior to the commencement of each phase of the work. 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 I, Type II, and Type III 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, parking restrictions to be in affect and detailed pedestrian and bicycle movement. Project Specifications - Page 29 of 35 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES • 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 and operate continuously for the duration specified. 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. TRAFFIC CONTROL MANAGEMENT Subsection 630.11 shall be revised as follows: 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 a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control Supervisor or Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor. Proof of certification shall be submitted to the City Traffic Control Manager and Engineer, for all personnel assigned to the project. The Traffic Control Supervisor shall have approved traffic control plans for the work site and current copies of the City of Fort Collins' "Work Area Traffic Control Handbook", and Part VI of the MUTCD, pertaining to traffic controls for street and highway construction, available at all times. One TCS shall be designated as the Head TCS. The Head TCS shall have a minimum of one year experience as a certified TCS. Qualifications shall be submitted to the Engineer for approval a minimum of one week prior to commencement of the work. 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 (1) 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 shall be equipped with a cellular phone. The TCS duties shall include, but not be limited to: 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. • Project Specifications - Page 30 of 35 n U 0 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 REVISION OF SECTION 630 • TRAFFIC CONTROL DEVICES 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 Contractor, the Traffic Control Supervisor, or Flagger. 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 for emergency situations or relief of personnel for short periods of no more than 15 minutes over a 60 minute period. 9. Set up and removal of traffic control devices.. 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. Time of the inspections c. Project description and location d. Traffic Control Supervisor's name e. Type and quantity 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 The Engineer reserves the right to request traffic control personnel be replaced when, in the opinion of the Engineer, the minimum industry standards for performing duties are not being met on site. Notification of residents and businesses shall be the responsibility of the TCS, TCS Representative, or Contractor 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. All traffic control devices and traffic control management shall be placed under the supervision of Traffic Control Supervisor. The Traffic Control Supervisor shall current copies of the City of Fort Collins Work Area Traffic Control Handbook, and Part VI of the MUTCD, pertaining to traffic control for street and highway construction, available at all times. Project Specifications - Page 31 of 35 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES • METHOD OF MEASUREMENT Subsection 630.15 shall include the following; All costs associated with the Traffic Control Plan review shall not be measured or paid for separately, but shall be considered incidental to the work. Review fees will not be measured or paid for separately, but shall be considered incidental to the Work. The 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. Flagging personnel shall not be measured or paid for separately but shall be included in the unit price of the Work including break times. The quantity of flaggers shall be determined by the classification of the roadway (Arterial, Collector, and Residential) and the Contractors' flagging needs based on the work being performed. Flagger hand signs and devices, such as Stop/Slow paddles, will not be measured and paid for separately, but shall be included in the work. The flagger(s) shall be provided with electronic communication devices as required. These devices will not be measured and paid for separately, but shall be included in the work. The cost of batteries, electricity and/or fuel for all lighting or warning devices will not be paid for separately but will be considered subsidiary to the item. Sand bags and caution tape will not be measured and paid for separately, but shall be included in the work. The Contractor may provide larger construction traffic signs than those typically used in accordance with the City of Fort Collins Work Area Traffic Control Handbook and the MUTCD if approved by the 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. "Variable Message Boards" shall be measured and paid per each per day at the contract unit price for variable message boards as required for each area and street. "Additional Flagging" shall be measured and paid per hour only when requested by the Engineer in writing for special circumstances not already included under another item. Hours of non -flagging work in excess of those authorized shall not be measured and paid for separately but shall be at the Contractor's expense. 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. • Project Specifications - Page 32 of 35 0 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES BASIS OF PAYMENT Subsection 630.16 shall be revised as follows: Pay Item Unit 630.01 Variable Message Board Per each per day 630.02 Additional Flagging Personnel Hour The above unit prices and payments shall include full compensation for furnishing all labor, materials, tools, and equipment and all related incidental items for `,`Variable Message Boards" and "Additional Flagging Personnel', complete -in -place including message modifications, as specified in these specifications, and as directed by the Engineer. All other traffic control items related to the Work including but not limited to furnishing equipment, equipment mobilization/ demobilization/ modification, TCS and flagging personnel hours, 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, and as directed by the Engineer. END OF SECTION Project Specifications - Page 33 of 35 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES . SPECIAL CONDITIONS FOR WORK ON COLLECTORS NOTE: CROSS STREET TRAFFIC SHALL BE MAINTAINED AT ALL TIMES UNLESS AUTHORIZED BY THE ENGINEER IN WRITING. NOTE: FULL CLOSURES ON 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 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 FLOURS, 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 CONTROLPLANS. END OF SECTION 0 Project Specifications - Page 34 of 35 • SECTION 02500 QUANTITIY ESTIMATE This work shall consist of placement of Chip Seal, Slurry Seal, and Cape seal on existing and designated streets in the City of Fort Collins. Specific locations are described herein; however, additional quantities are included in the Bid Schedule for locations not yet identified at the time of bid. 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. Work not listed in this section will be added by Change Order at the contract unit prices. . Contractor agrees that they 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. L SECTION 00300 HID SCHEDULE. ASPHALT SURFACE TREATMENT PROTECT • BID No.74n BID SCHEDULE ITEM NO DESCRIPTION UNIT 2013 CONTRACT QUANTITY2013 UNIT PRICE TOTA1. 2013 COST 105.01 SWEEPING- ALL STREET SURFACES EACH 2 $ 8,925.00 $ 17,850.00 HB.02 SWEEPING- ALL PARKING LOT SURFACES EACH 2 S 1,055.00. $ 2,110.00 208.01 STORMWATER PROTECTION- WATTLE 4'a dum(rock or rvbbcr) LINEALFOOT 7W $ 18.75 $ 13,125.00 208.02 STORMWATER PROTECTION- Fabric and wank lraWliYn EACH 10 S 135.00 $ 1,350.00 409.01 CHIP SEAL (ARTERIAL) SQUARE YARD 130,000 $ 2.78 $ 361,400.00 409.02 CHIP SEAL (COLLECTOR) SQUARE YARD 1 $ 276 $ 2.76 49.03 CHIP SEAL (RESIDENTIAL) SQUARE YARD 1 $ 267 $ 2.67 4W.W DOUBLE CHIP SEAL (RESIDENTIAL) SQUARE YARD 1 $ 475 $ 4.75 4W,05 TYPE II SLURRY SEAL (COLLECTOR) SQUARE YARD 1 $ 223 $ 2.23 409.06 TYPE II SLURRY SEAL (RESIDENTIAL) SQUARE YARD 180,000 $ 217 $ 390,600.00 40907 TYPE II SLURRY SEAL (PARKING LOTS) SQUARE YARD 22,700 $ 345 $ 78,315.00 409.09 CAPE SEAL (COLLECTOR) SQUARE YARD 41,000 $ 4,66 $ 191,060.00 409.09 CAPE SEAL (RESIDENTIAL) SQUARE YARD 74.000 $ 441 $ 326,340.00 409.10 CAPE SEAL (PARKING LOTS) SQUARE YARD 1 $ 698 $ 6.98 409,11 SLURRY TRAV CRACK LEVELING CIV band width, 3/4 to Y sack) LINEAL FOOT 1,000 $ 3.95 $ 3,950.00 409.12 SLURRY SURFACE LEVELING(114 to IC' thickness per lift;) SQUAREYARD 500 $ 7.95 $ 3,975.00 630,01 VARIABLENIESSAGE BOARD EA/DAY 10 S 192.00 $ 1,920.00 63002 ADDITIONAL FLAGGING PERSONNEL HOUR 4 - $ 24.00 $ 96.00 Total Base Bid Cost: $ 1,392,110.39 One Million three hundred and ninty two thousand, one hundred and ten Dollars and Thirty Nine Cents BID ALTERNATE 7 (Harmony Park and ride ITEM NO. REM DESCRIPTION UNIT _ CONTRACT QUANTITY UNIT COST COST 105.02 SWEEPING- ALL PARKING LOT SURFACES EACH 2 $ 79500 $ 1.590.00 409.07 TYPE II SLURRY SEAL (PARKING LOTS) SQUARE YARD 10.000 $ 345 $ 34,500.00 630.01 VARIABLEMESSAGE BOARD EA/DAY 12 $ 19200 $ 2,304.00 63R02 ADDITIONAL FLAGGING PERSONNEL HOUR 10 $ 24.00 $ 240.00 Total Bid Alternate I Cost: 1 $ 38,634.00 BID ALTERNATE 2 (Turnberry Project Area ITEM NO. ITEM DESCRIPTION UNIT CONTRACT QUANTITY UNIT COST COST 105.02 SWEEPING- ALL PARKING LOT SURFACES EACH 2 $ 262.00 $ 524.00 409.07 TYPE H SLURRY SEAL (PARKING LOTS) SQUARE YARD 3,300 $ 345 $ 11,385.00 63001 VARIABLE MESSAGE BOARD EA/DAY 8 $ 19200 $ 1,536.00 630.02 ADDITIONAL FLAGGING PERSONNEL HOUR 10 $ 24.00 $ 240.00 Total Bid Alternate 2 Cost: I $ 13,685.00 Note: The quantities listed above are estimates only. The City of Fort Collins reserves the right to modify the quantifies for any or all items listed 0 . SECTION 03500 PROJECT MAPS AREA MAPS Vicinity Maps include the following areas: ALL AREAS MAP CHIP SEAL Taft Hill Rd Kechter Irish SLURRY SEAL Hill Pond Jackson South Glen Westbury Golding Westgate Westfield Irish CAPE SEAL Foothills Park Hill Pond Jackson South Glen Sunstone Village Westbury Four Seasons Westfield HARMONY PARK AND RIDE — Bid Alternate 1 0 No Text Fort of H �2013 SMP PROGRAM -SURFACE TREATMENTS W+E s GOLDING AREA ine r ALL STREETS SLURRY SEAL m� Svc -afforest 0 LIL.-- _ --- her .St------- -- -- N m � E a 0 Z o �- Ma le3S L o m E m 'z' N N 3 0 a o _ p rte e d 0 N >N Z W Mountain Ave O < h E 0 N m E 0 ut O t N c VI Fort of Streets 2013 SMP PROGRAM -SURFACE TREATMENTS Hill Pond Area Mixture of Cape Seal and Slurry Seal Engineer will provide specifics N WAE s 360 720 1,440 Feet SECTION 00610 PERFORMANCE BOND Bond No. 929570579 KNOW ALL MEN BY THESE PRESENTS: that A-1 Chipseal Co. 2001 W 641" Lane, Denver, CO 80221 (an Individual), (a Partnership), (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 One Million Four Hundred Forty -Four Thousand Four Hundred Twenty -Nine Dollars and Thirty -Nine Cents ($1 444 429.39) 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 15`h day, of April, 2013, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 7417 Asphalt Surface Treatment Project — 2013 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. C� J Fort of S eeS 2013 SMP PROGRAM -SURFACE TREATMENTS jNNj WQ= ➢E S 0 Jackson Area W Magnolia and Jackson Ave - CAPE Scott St and Olive Street - SLURRY Fort of r� 51ree15 2013 SMP PROGRAM —SURFACE TREATMENTS 0 1,100 2,200 4,400 Feet Fort of N r� �fee15 2013 SMP PROGRAM —SURFACE TREATMENTS W+E S U U c > Arbor Ave o = � Haven Dr 2N Bonita Ave - 0 c 0 P, South Glen G � a o ve Wabash St - CAPE SEAL ao°sa all other roads -SLURRY SEAL'. c 0 Dennison Ave m m m l Wabasifst o c`a o e•0 as r 1 ux E Four Seasons Area All Roads-' CAPE SEAL' N UJ a eon 0 > c U utte _ass f Starlin St O N n c U m m @ c _o U 7 O w J y 3 0 m o U � W Troutman Pk 0 m m' r o O Ul co O Q _ Z m o_ e N c 0 o c o o Guillemont St m m U m c 0 remmlinq n `or r Bear Creek Dr ^ � � w a Thrasher St m `m 3 0 Deer Creek Ln ' m Blue Mountain Dr ne o us n 0 L O = ar un `n Qa ° ecroP C as 3 a m 0 an o n 0 495 990 1,980 Feet f N FCollins ort w E 2013 SMP PROGRAM -SURFACE TREATMENTS �iV 5 m n�eo _ d e m q oYo e c m a uma Sunstone Village Area All Areas CAPE SEAL I t oro Kodiak Rd m c m E Arctic ox r Bison Rd Sunsto e ur a o°e cy h N � N o a son � e J 0 a owe t tonega e r o m m m c 0 ao N m U J L m m` owe s N N U C J 0 emstone m 295 590 1,180 Feet rt C Foolli Collins 2013 SMP PROGRAM -SURFACE TREATMENTS W+E 5 2,125 4,250 8,500 Feet FCollins ort �"�- 3lreets 2013 SMP PROGRAM -SURFACE TREATMENTS 0 195 390 780 Feet f N FCollins ort WQr➢E �"�- streets. 2013 SMP PROGRAM —SURFACE TREATMENTS s nfield St m a erson eso" or r N 3 a N C e urc i - an or r W Horselooth Rd N 9 �carmea-- E E U N �, m rosta• Westfield area Seneca St -CAPE SEAL era a ts.. .. .:.. r All other roads - SLURRY SEAL C,atne _ ese._�� tv m o d es 1e m est tell r � Le 0 m a m yp o y@ crest' �L"aKecrest:Ct� W routman Pk d a ea Ge nn ree I t m o a ree t m m w w m 0 0 o to a o 0 495 990 1,980 Feet Fo rtty of �-� S1ee,= 2013 SMP PROGRAM —SURFACE TREATMENTS Westgate Area Banyan Dr and Golden Current - CAPE All Other Streets - SLURRY N W+E S 490 980 1,960 Feet Fo�tCollins HARMONY PARK AND RIDE �� soxa W�E S SECTION 04000 EROSION CONTROL AND INLET PROTECTION INDEX OF EVIRONMENTAL STANDARD OPERATING PROCEEDURES (ESOP) New Construction Activities for Municipalities Street, Curb, and Gutter Replacement and Construction Street, Curb, and Gutter Maintenance Spill Prevention and Response Utility and Storm Sewer System Maintenance Utility and Storm Sewer System Replacement and Construction Power Washing Vehicle Fueling Outdoor Fleet Maintenance Heavy Equipment and Vehicle. Maintenance 1 of 2 1 of 3 1 of 3 1 of 4 1 of 4 1 of 3 1 of 2 1 to 3 1 of 4 1 of 4 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 23rd day of April 2013 IYMESENCE OF: Stepffianie Wallis Corporate Secretary (Title) (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: - 32alux • Witness -(Buret-Seal) 7ai�z -A-1 Chipseal Company Danie J. ryzmala Vice President (Title 200 West 64th Lane Denver, CO 80221 (Address) Other Partners By: By: Surety Western Surety Company Kafen A. Feggestad, At'f:ofney-In-Fact 10375 Park Meadows Drive (Address) Littleton, CO 80124 .,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 1Lns Avenue, Suite 1000 DENVER, COLORADO 80237 PHONE: (303) 824-6600 0 9 0 For More Information Name Address City, State Phone e-mail Possible Pollutants Sediment Chemicals Organics Trash Good Housekeeping Waste Management Employee/Contractor Training Proper Cleanup, and Disposal Procedures Related Procedures Heavy Equipment and Vehicle Maintenance Parks and Open Space Maintenance Spill Prevention and Response Street, Curb, and Gutter Replacement and Construction Utilities and Storm Sewer System Replacement and Construction Vehicle Fueling New Construction Activities for Municipalities Description This fact sheet covers new construction activities disturbing less than one acre not subject to a CDPS Construction permit. New construction includes, but is not limited to buildings, structures, capital improvements, roadways, and recreational components such as trails, restrooms, and other structures. Procedures provided are general in nature and can be applied to any scale or type of municipal construction. 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 Obtain all applicable federal, state, and local permits for construction projects. ■ The Colorado Stormwater Construction General permit applies to construction sites disturbing one acre or more, or less than one acre but part of a larger common plan of development. ■ A larger common plan of development is defined as a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan. ■ A dewatering permit may be required if construction activities require the removal and discharge of groundwater offsite. ■ A U.S. Army Corp of Engineers (USACE) Section 404 Permit may be needed if the work will be conducted in or impact waters of the United States, including wetlands, washes, drainages, ditches, creeks, streams, and rivers. Applicable sediment and erosion controls may be installed, such as inlet protection, silt fence, sediment traps, erosion control logs, check dams, and vehicle tracking control. Sediment and erosion controls will be Page 1 of 2 installed and maintained in accordance with approved design criteria and/or industry standards. Material stockpiles will not be stored in stormwater flow lines. Temporary sediment control will be used during temporary, short-term placement while work is actively occurring. • Where feasible, grading activities should be scheduled during dry weather. • Best management practices will be periodically inspected and maintained as necessary. • Waste containment for concrete washout, masonry, paint, trash and other potential pollutants will be available when these activities are being conducted. • Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response. Employee Training Train applicable employees who perform new construction activities on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform new construction activities. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References Cihj of Centennial SOP: New Construction SOP, August 2007. Mesa County, Municipal Operations and Maintenance Progranz, July 2005. Page 2 of 2 0 • For More Information Name i 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 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 Dry cleaning methods General Related Procedures • • Obtain all applicable federal, state, and local Spill Prevention and Response permits for construction projects. Street Sweeping The Colorado Stormwater Construction Street Sweeper Cleaning and General permit applies to construction sites Waste disturbing one acre or more, or less than one Street. Curb and Gutter acre but part of a larger common plan of Maintenance development. ■ A larger common plan of development is defined as a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan. ■ A dewatering permit may be required if construction activities require the removal and discharge of groundwater offsite. ■ A U.S. Army Corp of Engineers (USAGE) 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. E Applicable sediment and erosion controls may be installed, such as inlet protection, silt fence, sediment traps, erosion control logs, check dams, and vehicle tracking control. Sediment and erosion controls will be installed and maintained in accordance with approved design criteria and/or industry standards. When saw cutting, ensure that no slurry enters the storm drain. Let the slurry dry, sweep it up, and properly dispose of the sweepings or vacuum while saw cutting. • Do not perform concrete or asphalt paving work during wet conditions whenever possible. • Monitor construction equipment for leaks and use drip pans as necessary. • Leaking material containers should be properly discarded and replaced. • Store materials in containers under cover when not in use and away from any storm drain inlet. • Wash out mixers, delivery trucks, or other equipment in the designated concrete washout area only. • Locate concrete washout, portable toilets, and material storage away from storm drain inlets. • Material stockpiles will not be stored in stormwater flow lines. Temporary sediment control will be used during temporary, short-term placement while work is actively occurring. • • Sweep or vacuum the roadway as needed, during construction and once construction is complete. Best management practices will be periodically inspected and maintained as necessary. Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response procedures. • Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response. Bridge Construction • Do not transfer or load any materials directly over waterways. Suspend drop cloths or nets below any bridgework where wastes, scraps, or drips might be spilled into a waterway. Concrete Work Minimize the drift of chemical cure on windy days by using the curing compound sparingly and applying it close to the concrete surface. • Ensure there is a concrete truck washout area available or require the contractor to wash out at the batch plant. • 0 • Whenever possible, recycle concrete rubble; otherwise, dispose of it as solid waste. Asphalt Work Control the placement of road base or asphalt used in embankments or shoulder backing; do not allow these materials to fall into any storm drain or watercourses. Whenever possible, recycle asphalt. If recycling is not possible, dispose of as solid waste. Painting and Striping If possible, schedule painting and striping projects during dry weather. Use thermoplastic or epoxy markings in place of paint whenever feasible. Use care to prevent splashing or spilling of any liquid material. Follow the Spill Prevention and Response procedure should a spill occur. Employee Training Train applicable employees who perform street, curb, and gutter construction on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher. training on the SOP for applicable employees who perform street, curb, and gutter construction. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References City of Centennial, Department of Public Works: Asphalt and Concrete Program, No Date. City of Centennial, Department of Public Works: Asphalt Program, No Date. PACE, Stormwater Best Management Practices: Street Maintenance, No Date. Optional Additional Resources Concrete truck washout BMP specifications. Gravel road maintenance procedures. E • For More Information Street, Curb, and Gutter Name Maintenance Address ` Description City, state Phone Street, curb, and gutter activities include concrete and e-mail asphalt installation, maintenance, repair, and replacement; bridge maintenance; and painting and Possible Pollutants striping. Procedures involving the maintenance of Fine-grained sediment streets, curbs, and gutters have the potential to impact Organics stormwater quality. Materials involved in these activities should be used efficient) d disposed of Y anP Saw cutslurry properly. Trash.... When services are contracted, this written procedure Good Housekeeping should be provided to the contractor so they have the DumpstedWaste Management - proper operational procedures. In addition, the Employee/Contractor Training - _ contract should specify that the contractor is responsible for abiding by all applicable municipal, Proper cleanup and disposal procedures - state, and federal codes, laws, and regulations. Dry cleaning methods Procedures Related Procedures General Spill Prevention and Response • Protect storm drain inlets and drains with curb Street Sweeping socks, rock berms, inlet protection, or drain Street Sweeper Cleaning and covers/mats prior to any maintenance activity. Waste . When saw cutting ensure that no slurry enters the storm drain, let the slurry dry, sweep it up, and properly dispose of the sweepings. • Do not perform concrete or asphalt patch work during wet conditions whenever possible. • Leaking material containers should be properly discarded and replaced. • Store materials in containers under cover when not in use and away from any storm drain inlet. • Monitor equipment for leaks and use drip pans as necessary. • Sweep or vacuum the roadway once maintenance activities are complete. 0 Bridge Maintenance Do not transfer or.load any materials directly over waterways. • Secure lids and caps on all containers when on bridges. Suspend drop cloths or nets below any bridgework where wastes, scraps, or drips might be spilled into a waterway. Concrete Maintenance Minimize the drift of chemical cure on windy days by using the curing compound sparingly and applying it close to the concrete surface. Ensure there is a concrete truck washout area available or require the contractor to wash out at the batch plant. Whenever possible, recycle concrete rubble; otherwise, dispose of it as solid waste. Asphalt Maintenance • Sweep to minimize sand and gravel from new asphalt from getting into storm drains, streets, and creeks. Do not allow asphaltic concrete grindings, pieces, or chunks used in embankments or shoulder backing to enter any storm drain or watercourses. Apply temporary perimeter controls. Install silt fence until the structure is stabilized or permanent • controls are in place. Whenever possible, recycle broken asphalt. If impossible, dispose of as solid waste. Drainage inlet structures shall be covered with inlet protection during application of seal coat, tack coat, slurry seal, and/or fog seal. Painting and Striping If possible, schedule painting and striping projects during dry weather. Use thermoplastic or epoxy markings in place of paint whenever feasible. • The pre -heater for thermoplastic striping and the melting tanks used during pavement marking must be filled carefully to prevent splashing or spilling of materials. Leave 6 inches at the top of pre -heater and the melting tanks to allow room for material to move and splash when vehicles are deadheaded. Employee Training • Train applicable employees who perform street, curb, and gutter maintenance on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform street, curb, and gutter maintenance. Records . The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References City of Centennial, Department of Public Works: Asphalt and Concrete Program, No Date. City of Centennial, Department of Public Works: Asphalt Program, No Date. PACE, Stormwater Best Management Practices: Street Maintenance, No Date. Optional Additional Resources Concrete truck washout BMP specifications. Gravel road maintenance procedures. '. More Spill Prevention and For Information Name Response Address I City, State Description Phone Due to the type of work and the materials involved, many e-mail activities that occur either at a municipal facility or as part I Possible Pollutants of municipal operations have the potential for accidental spills. Some municipal facilities operate under Spill Chemicals Prevention Control and Countermeasures (SPCC) plans Toxics that include procedures for spill response. Proper spill Oil response plamling and preparation enables employees and Paint contractors to effectively respond to problems and Fuel minimize the discharge of pollutants to the storm sewer Good Housekeeping system. ,waste Management When services are contracted, this written procedure should be provided to the contractor so they have the _ Employee/Contractor Training proper operational procedures. In addition, the contract Proper cleanup and disposal should specify that the contractor is responsible for procedures abiding by all applicable municipal, state, and federal • Related Procedures Fertilizer, Pesticide, codes, laws, and regulations. and Herbicide Application Procedures Heavy Equipment and Vehicle Spill Prevention Maintenance a Keep work areas neat and well organized. Material Storage Materials Management a Maintain a Material Safety Data Sheet (MSDS) for each hazardous chemical. Follow the Outdoor Outdoor Vehicle Maintenance Material Storage procedures. Vehicle Fueling a Provide tight fitting lids for all containers. a Keep containers clearly labeled. Labels should provide name and type of substance, stock number, expiration date, health hazards, handling suggestions, and first aid information. a Store containers, drums, and bags away from direct traffic routes to prevent accidental spills. a Inspect storage containers regularly for signs of leaking or deterioration. a Replace or repair leaking storage containers. a Use care to avoid spills when transferring materials from one container to another. • Page 1 of 4 Use powered equipment or get assistance when moving materials to and from a storage area. Use care to prevent puncturing containers with the equipment. Do not wash down or hose down any outdoor work areas or trash/waste container storage areas except where wash water is captured and discharged into the sanitary sewer (if approved). • Conduct periodic inspections to ensure that materials and equipment are being handled, disposed/recycled, and stored correctly. • Provide adequate spill kits or lockers with sufficient equipment and supplies necessary for each work area where the potential for spills or leaks exists. • Inspect each spill kit or locker regularly and after each spill response. Replace any spent supplies or repair any equipment that is worn or not suitable for service. • Stock adequate personal protective equipment. Spill Response Safety Consider safety at all times. Anticipate and avoid all likely hazards. Never approach, contact, or sample an unknown substance. If a highly toxic or flammable substance is discovered, staff should leave the immediate area and contact the appropriate identified response authority, such as the fire department. If there is any question about a substance, contact the appropriate . identified response authority or other designated representative. Procedures Stop the leading edge of the spill. Block or divert the spill to avoid discharge to the storm sewer system and to minimize the area requiring cleanup. Determine the source of the spill and stop the spill at its source by closing a valve, plugging a leak, or setting a container upright. Transfer material from a damaged container. Identify the material and volume spilled. Contact the appropriate identified response authority or other designated representative if you cannot identify the material and its properties. Refer to the MSDS to determine appropriate personal protective equipment, such as gloves and safety glasses and appropriate cleanup methods. Clean up spills immediately to prevent spreading of wastes by wind, rain, and vehicle traffic and potential safety hazards. Use sand absorbents or socks, pillows, or pads to quickly capture spilled liquid and properly dispose of all clean-up materials. Use dry clean-up methods only. Complete all necessary reports. Page 2 of 4 • E SECTION 00615 PAYMENT BOND Bond No. 929570579 KNOW ALL MEN BY THESE PRESENTS: that A-1 Chipseal Co. 2001 W. 64ih Lane, Denver, CO 80221 (an Individual), (a Partnership), (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 One Million Four Hundred Forty -Four Thousand Four Hundred Twenty -Nine Dollars and Thirty -Nine Cents ($1,444.429.39) 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 15th day of April, 2013, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 7417 Asphalt Surface Treatment Project — 2013 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. • Spill Reporting • A spill of any chemical, oil, petroleum product, or sewage that enters waters of the state of Colorado (that include surface water, ground water, and dry gullies and storm sewers leading to surface water) must be reported immediately to the Colorado Department of Public Health and Environment. • Release of a substance into a storm drain, or onto a parking lot or roadway as part of a storm sewer leading to surface water, is reportable. However, if the material can be contained and cleaned within the storm sewer system to the degree that a subsequent flow in the storm sewer will not flush the substance to waters of the State, it may not need to be reported. • Contact the appropriate identified response authority within the municipality or other designated representative and be prepared to provide details needed to report the spill to the necessary agencies. • Detailed spill reporting guidance can be found at http:/ /www.cdl2he.state.co.us/op/wgcc/Resources/Guidance/spillguidance.pdf and http://www.cdl2lie.state.co.us/hm/spillsandreleases.htm Employee Training • Train applicable employees who perform spill prevention and response on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform spill prevention and response activities. Records The following records could be used to document activities performed: • Records of any major spills and the action taken. • Records of employee training with sign -in sheet. References City of Centennial, Department of Public Works: Good Housekeeping, No Date. Cihj of Centennial, Deparhnent of Public Works: Materials Management, No Date. Cihj of Centennial, Department of Public Works: Spill Prevention and Control, No Date. City of Golden, Stormwater Quality Pollution Prevention Guide for Municipal Operations: Parks Deparhnent Golf Course, January 2004. City of Lafayette, Spill Clean Up, No Date. Colorado Department of Public Health and Environment, Environmental Spill Reporting, January 2009. • Page 3 of 4 Mesa County, Municipal Operation and Maintenance Program, July 4, 2005. USEPA Menu of BMP: Spill Response and Prevention, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed July 5, 2009. • • Page 4 of 4 • For More Information I Name Address City, State I Phone e-mail I j Possible Pollutants i Sediment Nutrients i Metals Hydrocarbons Trash `Good Hdusekeepm`g Utility and Storm Sewer System Maintenance Description This procedure addresses utility and storm sewer system maintenance. Utilities include power, sanitary sewer, water conveyance systems, and the storm sewer system. Power includes electrical and gas utilities. Maintenance of power may require excavation and reinstallation of lines including open cut trenching or directional boring in landscaped areas or street right of way. Electrical and gas line maintenance ensures services are provided to businesses and households without interruption. s4 '" � t EWaste Management � The sanity sewers stem is cleaned as art of routine sanitary Y p , 3 _ .:Employee/Contractor Training maintenance and on an emergency basis. Without g Y t Proper Cleanup Disposal H. proper maintenance, sanitary sewer back-ups and and overflows may occur and can result in potential.property damage and significant health concerns if not properly Related Procedures --::managed. • Heavy Equipment and Vehicle Maintenance Water conveyance systems are flushed and pressure Parks and Open Space tested as part of routine maintenance. Potable water Maintenance systems must be properly maintained to ensure delivery of water that meets State and Federal health standards. Spill Prevention and Response Failures result in water main breaks that can cause > Gutter Street, Curb `and property damage including erosion. Replacement and Construction The storm sewer system is cleaned as part of routine Utilities and Storm Sewer maintenance and on an emergency basis in the event of System Replacement and. flooding. Maintenance will remove pollutants and Construction ensure the system functions properly to avoid flooding. Vehicle Fueling Flooding, 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. • . Page 1 of 4 Procedures General • Conduct routine inspection and maintenance on utility and storm sewer systems. • Where feasible, schedule maintenance activities during dry weather. Monitor the jet/vacuum truck closely for leaks and use a drip pan as needed. • Wash and fuel the jet/vacuum truck per the HeavyEquipment/ Vehicle Maintenance procedure. • Properly dispose of vac truck contents. • Stay alert for any signs of illicit discharges. This includes "dry weather' flows or pipes or hoses emptying directly into waterways or the storm sewer system. • Report any suspicious discharges or dumping to your supervisor. Electrical and Gas Utility Maintenance To prevent sediment, mud and particles generated by power utility maintenance from entering the stormwater system implement inlet protection, perimeter control, street sweeping, vehicle tracking control, stockpile management and material management BMPs. Restore landscaped or hardscaped areas promptly. Potable Water Line Flushing Remove any debris from the gutter that could wash away with the water. If possible, sweep the flow line before flushing the line. Direct the water so that it is not flowing over exposed soil areas in order to minimize erosion. Water Line Breaks Contain spoils by building berms or installing rock socks around the area of disturbance. • Dewater the excavation by using a vac truck. • Discharge high chlorine water to the sanitary sewer via the nearest manhole, to a water truck, through a dechlorinating diffuser, or other method of dechlorination. • Remove sediment from the street, curb, gutter and storm inlets as needed immediately following the repair. • Where needed, install a temporary patch or repave as soon as practicable following the repair. • If necessary, revegetate areas as soon as practicable following the repair. • Sanitary Sewer Backup Clear line stoppage to prevent backup into house basements and manhole overflows. • Page 2 of 4 • Contain overflows by using emergency generator, pump and/or a vac truck to intercept flows. It may be necessary to construct additional containment. Clean up spills by washing and vacuuming the affected areas. Lime may need to be applied for disinfection of affected areas. Lime must be removed once disinfection is complete. Storm Sewer System Pipes, Catch Basins, Inlet and Outlet Structures, and Culverts Clean storm sewer system by manual cleaning or jetting the pipes using a jet/vacuum truck to remove the material. Do not temporarily store collected storm system cleaning debris adjacent to any surface water, storm drain inlet, or drainageway. Storm sewer system maintenance wastes may be either non -hazardous or hazardous. Solid non -hazardous waste may be disposed in a sanitary landfill or recycled. Liquid non -hazardous waste must be evaporated before disposing of it into the landfill or discharged to the sanitary sewer system with the approval of the local wastewater treatment plant. Hazardous waste, as defined under Colorado Hazardous Waste Regulations (6 CCR 1007-3), must be transported and disposed of at a permitted disposal or treatment facility. Replace or maintain "no dumping' stencils or plaques as necessary. • . Remove trash from trash racks and grated openings. Detention and Retention Ponds • Inspect the outlet works and remove trash or vegetation from the trash racks and grates. • Inspect side slopes of the pond for erosion and reestablish vegetation as needed. . • Remove and service fountains and aerator motors as recommended. • Report any suspected water quality problems such as a change in growth or appearance of vegetation. • Report excessive sediment accumulation, standing water beyond the designed drain down time or damage requiring additional maintenance. Drainageways Drainageways include drainage channels, ditches, grass swales, and washes. Inspect drainageways for erosion and repair if necessary. Remove and properly dispose of trash and debris from the drainageways. Remove sediment which could impede flow in drainageways. Leave an unmown buffer when mowing adjacent to drainageways to filter pollutants. Do not leave grass clippings in or next to the drainageway. Do not apply landscape chemicals in the buffer area. 0 Page 3 of 4 Employee Training Train applicable employees who perform utility and storm sewer system activities on this written procedure. Information regarding how to avoid and report spills will be presented during the training. Periodically conduct refresher trailing on the SOP for applicable employees who perform utility and storm sewer system activities. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Detention Pond Maintenance SOP, August 2007. City of Centennial SOP: Inlet, Pipe, and Vault Cleaning and Disposal SOP, August 2007. City of Centennial SOP: Drainageway Maintenance SOP, August 2007. City of Golden Stornizoater Drainage Maintenance Plan, February 2008. City of Greeley, Department of Public Works: Storm Water Drainage Program, January 2008. City of Greeley, Departinent of Public Works: Ditch Program, No Date. City of Lafayette Standard Operating Procedure: Ditch Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Cleaning Storm Drain System, March 2009. City of Lafayette Standard Operating Procedure: Manhole Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Potable Line Flushing, March 2009. City of Lafayette Standard Operating Procedure: Sanitary sewer Backup, March 2009. City of Lafayette Standard Operating Procedure: Waterline Breaks, March 2009. Mesa County, Municipal Operations and Maintenance Program, July 2005. Partners for a Clean Environment, Storm Drain Maintenance, No date. Optional Additional Resources Municipal codes and ordinances that relate to utility or storm sewer system maintenance. Inspection and maintenance frequency plan for the storm sewer system. Specific instructions on how to operate applicable equipment. Instructions on how to track the amount of debris collected. Treated Water Discharge Plans for potable water maintenance. Page 4 of 4 0 Utility and Storm Sewer For More lnformation Name System Replacement and Address Construction City, State I Phone e-mail 1 Description I This procedure covers utility and storm sewer system Possible Pollutants illl replacement and construction. Utilities include power, Sediment storm sewer, sanitary sewer, water conveyance systems. Chemicals When services are contracted, this written procedure Organics should be provided to the contractor so they have the Trash proper operational procedures. In addition, the contract Good Housekeeping should specify that the contractor is responsible for abiding by all applicable municipal, state, and federal Waste Management. codes, laws, and regulations. Employee/Contractor Training Proper Cleanup and Disposal Procedures Procedures General Related Procedures Obtain all applicable federal, state, and local Heavy Equipment and Vehicle permits for construction projects. Maintenance • Parks and Open Space • The Colorado Stormwater Construction Maintenance General permit applies to construction sites Spill Prevention and.Response disturbing one acre or more, or less than one acre but part of a larger common plan of Street, Curb, and Gutter development. Replacement and Construction A larger common plan of development is Utilities and Storm Sewer defined as a contiguous area where multiple System Replacement and separate and distinct construction activities Construction may be taking place at different times on Vehicle Fueling different schedules under one plan. ■ A dewatering permit may be required if construction activities require the removal and. discharge of groundwater offsite. ■ A U.S. Army Corp of Engineers (USACE) Section 404 Permit may be needed if the work will -be conducted in or impact waters of the United States, including wetlands, washes, drainages, ditches, creeks, streams, and rivers. Page 1 of 3 • Applicable sediment and erosion controls may be installed, such as inlet protection, silt fence, sediment traps, sediment control logs, check dams and vehicle tracking control. Sediment and erosion controls will be installed and maintained in accordance with approved design criteria and / or industry standards. • When saw cutting, ensure that no slurry enters the storm drain. Let the slurry dry, sweep it up, and properly dispose of the sweepings or vacuum while saw cutting. • Where feasible, grading activities will be scheduled during dry weather. • Do not perform concrete or asphalt paving work during wet conditions whenever possible. • Monitor construction equipment for leaks and use drip pans as necessary. • Leaking material containers should be properly discarded and replaced. • Store materials in containers under cover when not in use and away from any storm drain inlet. • Wash out mixers, delivery trucks, or other equipment in the designated concrete washout area only. • Locate concrete washout, portable toilets, and material storage away from storm drain inlets. • Material stockpiles will not be stored in stormwater flow lines. Temporary sediment control will be used during temporary, short-term placement while work is actively occurring. • Sweep or vacuum the roadway as needed, during construction and once construction is complete. • Best management practices will be periodically inspected and maintained as necessary. • Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response procedures. Emergency Repair and Replacement Emergency Discharges are defined as situations in which it is not possible to implement all of the available BMPs due to the uncontrolled nature of the discharge. The primary focus during these events is to identify and mitigate the cause as soon as possible. Clean up of resulting sediment or other pollutants will be performed as soon as practicable following the emergency. Refer to the Spill Prevention and Response procedure for reporting requirements. Page 2 of 3 0 Employee Training • Train applicable employees who perform utility replacement and construction activities on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform utility replacement and construction activities. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Detention Pond Maintenance SOP, August 2007. City of Centennial SOP: Inlet, Pipe, and Vault Cleaning and Disposal SOP, August 2007. City of Centennial SOP: Drainageway Maintenance SOP, August 2007. City of Golden Stornnuater Drainage Maintenance Plan, February 2008. • City of Greeley, Department of Public Works: Storm Water Drainage Program, January 2008. City of Greeley, Department of Public Works: Ditch Program, No Date. City of Lafayette Standard Operating Procedure: Ditch Cleaning, March 2009. City of Lafayette. Standard Operating Procedure: Cleaning Storm Drain System, March 2009. City of Lafayette Standard Operating Procedure: Manhole Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Potable Line Flushing, March 2009. City of Lafayette Standard Operating Procedure: Sanitary sewer Backup, March 2009. City of Lafayette Standard Operating Procedure: Waterline Breaks, March 2009. Mesa County, Municipal Operations and Maintenance Program, July 2005. Partners for a Clean Environment, Storm Drain Maintenance, No date. • Page 3 of 3 City of Fort Collins Regulatory and Government Affairs Division Fiof t Collins Verification �Ongmator.,. Revised ;`Appioved °Issued &4`, Initials �. LR SS ,. "Date' F Oct. 09 10/19/09 Environmental Standard Operating Procedure (ESOP) ESOP —Power Washing (Pressure Washing) wastewater Persons who will City staff who perform power washing, and their supervisor/manager. use this ESOP: A variety of City departments perform power washing. The employee Area of who power washes, and his/her supervisor/manager, will use the application: information in this SOP to guide their power washing, and supply purchasing, activities. Document l:\RGA Division\SOPs\ESOPs location: Rev. Date Description No. [fill 002 Procedure Index m� 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 `-7 • IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 23rd day of April 2013. IN R SENCE OF' �'ephinie Wallis Corporate Secretary (Title) (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: • Witness (Surety Seal) Prmc' l A-1 C seal Company a Danie J Cryzmala Vice President (Title) 2001 West 64th Lane Denver CO 80221 (Address) Other Partners Surety estern Surety pany Rar n A. Feggestad, Attorney -In -Fact 10375 Park Meadows Drive (Address) Littleton, CO 80124 NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR Is Partnership, all partners should execute Bond. MOODY INSURANCE AGENCY, INC. 8055 East Tufts Avenue, Suite 1000 DENVER, COLORADO 80237 PHONE: (303) 824-6600 0 City of Fort Collins Regulatory and Government Affairs Division Cityof Fort Collins Verification' ,Ongmator� Revised p o e Apd sued}4 .Initials "' LR ss Date Oct.09 10/19/09 Environmental Standard Operating Procedure (ESOP) ESOP —Power Washing (Pressure Washing) wastewater T ,. l �+ � a .•T� ?{T rog•x�'3�`:u Ezty u, i, �"i"x� y"-T�'..t z t 3',k�a �>�� k �.0 � Nay, ,er g 'sz �,:'�%"{+#"i n� 1 PUrpUSe X Y yjh h x x r* T S 4 b?iY4;FYz�"3ao- 1.1 The purpose of this ESOP is to describe the appropriate methods of handling power washing wastewater. 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. .. }..Y 3 0 Process r.'... .�:",. n� x.... "" 4'�''z"` e;?; s"` `it "" ., - ....... ...., .o .:ak^,n.... �, i,... ^.. ...i. ,. wV w. 4t..n£ .;-m✓+`;c`z'n ck.,.-e,a;'... .T! 3.1 Power washing wastewater must be prevented from running uncontrolled in the City's storm water system. The system includes streets, inlets, gutters, ponds, creeks, ditches, and the Poudre River. During the power washing activity, ensure . the wastewater is controlled by the utilization of the natural slope of the land, or barriers such as inlet covers. -Use of barriers on an impermeable surface also requires that the wastewater be vacuumed, collected, and disposed of properly. 3.2 General pollution prevention procedures: A. Use dry methods for surface pre -cleaning, such as using absorbent on small oil spots and sweeping up trash, debris, dirt, and used absorbent before power washing. B. Minimize the amount of water used during power washing activities. C. Avoid using cleaning products that contain hazardous substances (e.g., hydrofluoric acid, muriatic acid, sodium hydroxide, bleach) that can turn wastewater into hazardous waste. 3.3 Prior to power washing, decide on one of the following methods of disposal: D. Landscape --power washing wastewater may be discharged to landscaped areas if the materials used and the material removed are not harmful to vegetation, there is no ponding, and there is no uncontrolled runoff to the stormwater system. E. Wastewater treatment system-- As long as the collected wastewater does not have an oil sheen, has a pH between 5 and 11, and does not contain any hazardous or toxic substances, the wastewater may be disposed of into the City's wastewater treatment system. x If you add anything to the wash water (ie—a cleaning agent) or if you have questions about the content of your power washing wastewater, . Revision date: Page 2 of 3 10/19/2009 City of Fort Collins Regulatory and Government Affairs Division City of Fort Collins x - t VenficaUori ' Ongipator ". Revised Approved _ I `sued A., , s.. K �liirtials` LR SS " Date'` " Oct.09 10/79/09 Environmental Standard Operating Procedure (ESOP) ESOP —Power Washing (Pressure Washing) wastewater please contact the industrial pretreatment office at 221-6938. Disposal into the City's wastewater treatment system may be done either by discharging directly to an inside drain, or by pump truck at the Drake wastewater treatment facility. Disposing by pump truck requires a waste hauler's permit, and a 5 cent/gallon fee will be charged. For fee information, or to obtain a permit, contact the industrial pretreatment office at 221-6938. F. Truck the waste to a different waste disposal facility. 3.4 Once wastewater has been collected, visible solids remaining in the collection area must be swept up to prevent future discharges to the storm drain. 3.5 A sewer manhole cover may not be removed for disposal to the wastewater system. 3.6 If you are working in an area that is serviced by a neighboring wastewater district, such as South Fort Collins Sanitation or Boxelder, it is necessary to contact that district's industrial pretreatment coordinator before discharging to their system. 14 0 Training Requirement`s 1 a: 4.1 The training requirement associated with this procedure is knowledge of the proper management of power washing wastewater. 5 0"Refererces / Related Documents F 5.1 http://www.cdphe.state.co.us/wq/PermitsUnit/PoIicVandGuidance/powerwash.pdf 5.2 I:\RGA division\Illicit Discharqe Program\Complaint Calls\pressure washing\Cit power washingguidance.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. E Revision date: Page 3 of 3 is 10/19/2009 0 • For More Information Name Address City, State Phone e-mail Possible Pollutants j Metals Hydrocarbons i Toxins Good Housekeeping Drip pans Secondary, containment " NAutomatic shutoff,nozzles""' ' Spill cleanup materials Dry cle'ahup methods Employee training Vehicle Fueling Description Spills of gasoline and diesel fuel on the ground or on vehicles during fueling can wash into a storm drain and cause water pollution. When services are contracted, this written procedure should be j 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 Fuel vehicles at approved locations (municipal fueling f station or offsite fueling station). i Provide spill kits near the municipal fueling location. • If fuel is stored in an above -ground tank, store fuel in enclosed, covered tanks with secondary containment (e.g., concrete barrier or double -walled tanks). All fuel tanks will be inspected per State and Federal regulations. Periodically inspect municipal fueling locations for the following: ■ For above -ground tanks, inspect tank foundations, connections, coatings, tank walls, and piping systems. Look for corrosion, leaks, cracks, scratches, and other physical damage that may weaken the tank. ■ Check for spills and fuel tank overfills due to operator error. • Clean up any leaks or drips. Clean up is not completed until the absorbent is swept up and disposed of properly. Report leaking vehicles to fleet maintenance. • Page 1 of 3 Vehicle Fueling Follow all posted warnings. • Ensure that the nozzle is properly inserted in the filler neck of the vehicle before dispensing any fuel. • Remain by the fill nozzle while fueling to ensure the nozzle stays in place. • Do not top off the tank of the vehicle once the nozzle has shut off the fuel. • Follow the procedures outlined in the Spill Prevention and Response Procedure to respond to any leaks or spills. • Clean fuel dispensing areas with absorbent material. • Never use water to clean up a spill. Mobile Fuel Truck Provide inlet protection (e.g., berms, weighted inlet covers) for nearby storm drain inlets when transferring fuel and fueling a vehicle. • Use secondary containment when transferring fuel from the tank truck to the fuel tank. All gas cans must be placed in the secondary containment box/pan and remain on the ground when fueling. Use a funnel to transfer fuel to vehicles and equipment. After the transfer is complete, the funnel should be dried with a rag or placed in a container to avoid dripping fuel on the ground. Employee Training Train applicable employees who fuel vehicles on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who fuel vehicles. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Vehicle Fueling, August 2007. City of Lafayette Standard Operating Procedure: Vehicle and Equipment Fueling, March 2009. Mesa County, Municipal Operation and Maintenance Program, July 4, 2005. USEPA Menu of BMPs: Municipal Vehicle Fueling, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed June 18, 2009. Page 2 of 3 • • Optional Additional Resources Municipal codes and ordinances that relate to vehicle fueling. Locations of approved offsite fueling stations. Locations of nearby spill kits. Spill Prevention Control and Countermeasures Plan. • • Page 3 of 3 1 • Heavy Equipment and Vehicle For More Information Name i Maintenance j Address i City, State Description j Phone E Regular maintenance of municipal vehicles and equipment, or e-mail municipality -contracted vehicles and equipment prolongs the life i Possible Pollutants of the municipality's assets and prevents the leaking of hazardous fluids commonly associated with normal wear and tear of vehicles Metals and equipment. j Toxins Potential pollutants generated at vehicle maintenance facilities Solvents (degreasers, paint thinners, etc.) include oil, antifreeze, brake fluid and cleaner, solvents, batteries and fuels. Antifreeze ,Brake,fluid and brake pad.dust When services are contracted, this written procedure should be Ba,,ery'acid . provided to the contractor so they have the proper operational -,contractor procedures. In addition, the contract should specify that the Motor oil is responsible for abiding by all applicable municipal, Fuel (gasoline diesel kerosene] `: state, and federal codes, laws, and regulations. ..--..'Lubricating grease Good.Housekeeping Procedures Maintenance activities should be performed inside a maintenance Drip pans building unless the equipment is too large to fit inside or Tarps temporary repairs need to be made before the equipment can be Covered outdoor storage areas moved to the maintenance building. Consult the Outdoor Fleet Secondary containment Maintenance procedure when it is necessary to perform repairs Proper disposal of used fluids outside of the facility (breakdowns, service calls, etc.). Spill cleanup materials Vehicle Storage Dry cleanup methods Monitor vehicles and equipment closely for leaks and Employee'training use drip pans as needed until repairs can be Related Procedures performed. Material Storage • When drip pans are used, check frequently to avoid overtopping and properly dispose of fluids. Outdoor Fleet Maintenance Spill Prevention and Response • Drain fluids from leaking or wrecked vehicles and Street Sweeper Cleaning and from motor parts as soon as possible. Dispose of fluids Waste properly. Vehicle Fueling Vehicle Washing Page 1 of 4 • E Vehicle Maintenance Conduct routine inspections of heavy equipment and vehicles to proactively identify potential maintenance needs. Perform routine preventive maintenance to ensure heavy equipment and vehicles are operating optimally. Recycle or dispose of all wastes properly and promptly. Do not dump any liquids or other materials outside, especially near or in storm drains or ditches. Sweep and pick up trash and debris as needed. Body Repair and Painting Whenever possible, conduct all body repair and painting work indoors. Use dry cleanup methods such as vacuuming or sweeping to clean up all metal filings, dust, and paint chips from grinding, shaving, and sanding, and dispose of the waste properly. Debris from wet sanding can be allowed to dry overnight on the shop floor, then swept or vacuumed. Never discharge these wastes to the storm or sanitary sewer system. Minimize waste from paints and thinners by carefully calculating paint needs based on surface area and using the proper sprayer cup size. • Do not use water to control over -spray or dust in the paint booth unless this wastewater is collected. This water should be treated and permission granted by the wastewater treatment plant prior to discharge into the sanitary sewer system. Do not dispose of spray gun cleaner waste in the storm drain. • Use sanding tools equipped with vacuum capability (if available) to pick up debris and dust. Material Management • Store maintenance materials and waste containers (e.g., used oil and antifreeze) in labeled containers under cover or in secondary containment (e.g., double -walled tanks). Chemicals should not be combined in containers. All hazardous wastes must be labeled and stored according to hazardous waste regulations. Carefully transfer fluids from collection devices to designated storage areas as soon as possible. Do not store the transferred fluids adjacent to the containers (for example, oil drip pans with used oil in them should not be placed next to the used oil tank). Store new batteries securely to avoid breakage and acid spills. Store used batteries indoors or in secondary containment to contain potential leaks. Recycle used batteries. Conduct periodic inspections of storage areas to detect possible leaks. Page 2 of 4 Do not wash or hose down storage areas except where wash water will enter the sanitary sewer as an approved discharge. Use dry clean-up methods whenever possible. Keep lids on waste barrels and containers, and store them indoors or under cover to reduce exposure to rain. Periodically inspect and maintain all pretreatment equipment, including sumps, separators, and grease traps to ensure proper functioning. Parts Cleaning Use designated areas for engine, parts, or radiator cleaning. Do not wash or rinse parts outdoors. If parts cleaning equipment is not available, use drip pans or other containment to capture parts cleaning fluids. • Use steam cleaning or pressure washing of parts whenever possible instead of solvent cleaning. • When steam cleaning or pressure washing, only discharge wastewater to an oil/water separator connected to the sanitary sewer. • When using solvents to clean parts, rinse and drain parts over the designated solvent tank so that fluids will not drip or spill onto the floor. Use drip boards or pans to catch excess solutions and divert them back to the tank. Allow parts to dry over the hot tank. • Recycle cleaning solution when it becomes too dirty to use. Never discharge cleaning • waste to the sanitary sewer or storm sewer. Vehicle and Equipment Washing Vehicles should be washed in the municipality's vehicle and equipment wash area/bay or taken to a commercial car wash. Employee Training • Train applicable employees who perform heavy equipment and vehicle maintenance on this written procedure. Information regarding how to avoid and report spills will be presented during the training. Periodically conduct refresher training on the SOP for applicable employees who perform heavy equipment and vehicle maintenance. Records The following records could be used to document activities performed: • Record of any major spills and the action taken. • Records of employee training with sign -in sheet. • Heavy equipment and vehicle maintenance logs Page 3 of 4 • 0: 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. Stormurater Protection: Vehicle Repair. Spring 2009. USEPA Menu of BMP: Municipal Vehicle and Equipment Maintenance, cfliub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009. USEPA Menu of BMP: Municipal Vehicle and Equipment Washing, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009. • Optional Additional Resources Municipal codes and ordinances that relate to vehicle and equipment maintenance. • - Chemical purchasing policies. Loading and unloading bulk materials. Guidelines for staff to dedicate a percentage of their time to vehicle and equipment maintenance. Specific directions on how to use the municipality's vehicle wash area. Spill Prevention Control and Countermeasures Plan. Page 4 of 4 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 Stale 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, Brandi J Tetley, Bradley J Moody, Brian Dere, Gregory Cale Stephens, 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, arc 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 Vice President and its corporate seal to be hereto affixed on this 5th day of February, 2013. • PSUAE•r� WESTERN SURETY COMPANY s»�aaoeq�r n �lN OPNS �� aul T. BmlluL Vice President State of South Dakota l Jj ss County of Minnehaha On this 5th day of February, 2013, before me personally came Paul T. Brutlat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Fulls, State of South Dakota: that he is the 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 June 23, 2015 NCO♦ { J. MOHR { i NOTARY PUBLIC EAL SOUTH OAKOTA SEAL j CERTIFICATE 1j J. Mohr, Notary Public 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 funher 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 23rd day of April , 2013 ��SY-RETYC 'AQ ."P .r ogci xu.o Sli: s 4•\SEP Spi . Farm F4280-7-2012 WESTERN SURETY COMPANY "0' L. Nelson, Assistant Secretary • 0 CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release (Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -All - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS n U • is SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. A� h® CERTIFICATE OF LIABILITY INSURANCE DATE 4/23/20 3"") 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 Suite 1000 Denver CO 80237 CONTACT Erin Threlkeld, CRIB NAME: PNDNE (303, 824-6600 FAC No:(303)370-0118 AIL oRIE .ethrelkeld@moodyins.com INSURERSAFFORDING COVERAGE NAICN INSURER A Travelers Indemnity Company 25658 INSURED A-1 Chipseal Company DBA: Rocky Mountain Pavement, LLC 2001 Nest 64th Lin Denver CO 80221 INSURER BTravelers Prop Cas Co of Amrca 25674 INSURER C:Pinnacol Assurance 41190 INSURER D: INSURER E: INSURER F: rnVFRAnFR CFRTIFICATF NIIMRFRr12-13 All Lines 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 OF INSURANCE ADDLSIUBR POLICY NUMBER MMIDOY EFF MMIDOY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES P. occurrence $ 300,000 A 7 CLAIMSMADEFZ OCCUR X DTC00190P673PHX12 10/1/2012 10/1/2013 MED EXP(Any one person) $ 10,000 PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 Additional Insured Endt GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO $ 2r000,000 hen required by contract POLICY FX I PRD LOC GD246 08/05 attached $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accitlanl 1,000,000 X BODILY INJURY (Per person) $ B ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS T8100190P673TIL12 10/1/2012 10/1/2013 BODILY INJURY (Per accident) $ X PROPERTY DAMAGE PerecddenI $ HIRED AUTOS X NON -OWNED AUTOS 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, OOC $ PTSMCUP019OP673TIL12 10/l/2012 10/1/2013 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory In NH) NIA 055760 10/1/2012 10/1/2013 X WC STATU- OTH- TORY LIMITS E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space Is required) Re: 7417 Asphalt Surface Treatment Project The City of Fort Collins is included as an Additional Insured with respect to General Liability. City of Fort Collins 281 N College Ave Fort Collins, CO 80522 Leaemaal�auacl 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 12010/051 n 1988.2010 ACORD CORPORATION. All rights reserved. INS025 nntnnst nl The A roan ,.— ...n Inns — —irlea nF Arnon • Insured A-1 Chipseal Company Policy Number: DTC0019OP673PHX12 Cif iMERCIAL GENERAL uABILRy THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ iT CAREFULLY BLANKET ADDITIONAL INSURED !...(C®NTRAGTORS) This endorsement modifies insurance provided undertha following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. 2. WHO IS AN INSURED — (Section II) is amender to Include any person or organlzation that you agree In a "written contract requiring Insurance" to Include as an additional Insured on this Cover- age Pen, but: a) Only with respect to Ilabdltyfor"bodily injury', "property damage° or "personal Injury"; and fi) If, and only to the extent that, die Injury or damage Is caused -by ads or omissions of you or your subcontractor In the performance of'your work" to which the "written contract reguldng insurance" applies. The person or organization does not qualify as an additional Insured with respect to the Indepedderd acts or omisslons of such person or organization. The insurance provided to the additional Insured by this endorsement is limited as follows: a) In the svonx that the Limits of Insurance of this Coverage Part shown In the Declarations exceed the limits of liability required by the °wrilten contract requiring Insurance", the In- surance provided to the additional Insured shall be limited to the limits of gabgily-m- cnired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of Insurance described In section Ili -- Limits Of Insurance. b) The insurance provided to the additional In- sured does not appw to "bodily Injury"prop, city damage" or 'personal Injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: t. The preparing, approving, or falling to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field ar- ders or change orders, or the preparing, approving, or fatting to prepare or ap� prove, drawings and spectficattons; and 1 Supervisory, Inspection, architectural or engineering activities, c) The insurance provided to the additional in- sured does not apply to "badiidy 'injury" or 'property damage" caused by "your work" and Included in the "products -completed op. orations hazard" unless the *Mden contrast requiring insurance" specifically requires you to provide such coverage for that edditional Insured, and then the insurance provided to the additional insured applies only to such "bodily Injury," or "property damaged that oc- curs before the end of the period of time for which the '4rrittan corttract requiring Insur- ance" requires you to provide such coverage or the and of the policy period, whichever Is earlier. 3. The Insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on arty other basis, that Is available to the additional insured fat a loss we cover udder this endorsement However, tf the "written contract requiring Insurance" specifically requires that this insurance apply on a pdmary basis or a primary and nowoontributory bests, this Insurance is primary to °other Insurance" available to the addidanal insured which covers that parson or organization as a named Insured for such loss, and we will not share with that 'other insurance°, But lire hsuranw provided to the additional insured by this endorsement still is excess over any valid and collectible, uother In- surance, whether primary, excess, contingent or on any other pasts, that is available to live addi- tional insured when that person or organtradon is an additional Insured under such "other insur aoGe". c As a condition 'of coverage provided to the additional insured by this endorsement. a) The additional Insured most give us written notice as soon as practicable of an "ocqur•- tence^ or an Offense which may result in a claim. To the extent possib;e, such notioe should Include ' —Gr.. A246011-D6 020USIT&SC PautTFavelers CorhOrfelf;'Irid. - Fage1 oft -� o1"e9Y • 0 0 insured A-1 Chipseal Company Policy Number. DTCC61 9OP673 COMMERCIAL GENERAL LIAb,,fTY L How, when and where the "occurrence" any provIderof "atherinsuranW whichwould or offense tnOlc pfacO; cover to additional Insured for a loss we B. The names and addresses of, any Injured cover under this endorsement. However, this persons and witnesses; mid condition does not affect whether the Insur, • once provided to the additional Insured by iii. The mature and location of any Injury or this endorsement is primary. to. "other lasm,7 daffiiigo-arising OtIfOfflid 0666UMEW11W or avaliabla to the additional insured offense. which covers that person or orgnntmflon as a b) it a claim is made or "Sult" Is brought against named Insured as dosudbed In paragraph S. the additional Insured, the additional insured above. must: B. The following deffultion Is added to SECTION V. 1. Immediately record the specifies of the —DEFINITIONS: claim or"sair and the date received; and "Written contract requiring Insurance" means IL L Notify us as soon as practicable, that part of any written cordmot or agreement • additional Insured must see to it that tirorson unclat which you are re(JUlMd to inaludD aThe PS or Organization as an additional in - receive written notice of the claim or "suit" as sured on this Coverage Part provided that soon as practicable, the "bodily Injuiy, and "proparly damage" co- c) The additional Insured trust loirpodiately cuts and the "personal IrkJurY'iu caused by an send us copies of all legal papm received in offense committed: connection with the 041in or osal!7 cooperate EL Afterthe slgntng and execution of the • with us In the Investigation or seftfiorneat of contract Or agreement by You; the claim or defense against the "SUR", and OthOrMSG rOMpiy with all policy oondlflons- b. While that part of tho' contract or d) The additional Insured must tender the de. agreement Is In effect; and fense and indemnity of any cialm or "sult7 to c. Before the end of the policy period: • 1P89W2 Of 2--- Z(FS'Tb& M PdW -rraveIe&roinpWnI6i,-Tn6- SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT OR, SPECIFIED PART SHALL INCLUDE: PROJECT TITLE: 7417 Asphalt Surface Treatment Project — 2013 Renewal LOCATION: Fort Collins, Colorado OWNER: City of Fort Collins CONTRACTOR: A-1 Chipseal Co. CONTRACT DATE: April 15, 2013 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. 0 ENGINEER 0 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 r� 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 A-1 Chipseal Co. for the City of Fort Collins project, 7417 Asphalt Surface Treatment Project — 2013 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 April 15, 2013. 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: 0 0 • SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: A-1 Chipseal Co. (CONTRACTOR) PROJECT: 7417 Asphalt Surface Treatment Project — 2013 Renewal The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the . buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of , 20_ • CONTRACTOR: A-1 Chipseal Co. By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this by Witness my hand and official seal. Notary Public My Commission Expires: day of 20_, • 0 9 is SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: A-1 Chipseal Co. PROJECT: 7417 Asphalt Surface Treatment Project CONTRACT DATE: April 15, 2013 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) M ATTACH: Power of Attorney and Certificate of Authority of Attorneys) -in -Fact. SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) A DO 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/Arcount No. (to be assigned by DOR) Period 0170-750 (999) $0.00 89 - CONTRACTOR INFORMATION Trade name/DBA: Owner, partner, or corporate name: Mailing address (City, State, Zip): Contact Person E-Mail address: Federal Employers Identification Number: Bid amount for your contract: Fax Number. ( Business telephone number. Colorado withholding tax account number: Copies of contract or agreement pages (1) identifying the contracting parties EXEMPTION INFORMATION and(2) containing signatures of contracting parties must tie attached. Name of exempt organization (as shown on contract): Exempt organization's number: 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County lies) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date: completion date: I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer: Date: DO NOT WRITE BELOW THIS LINE 11 E u • • SECTION 00300 BID FORM i Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this • may delay processing of your application. 0 SECTION 00700 GENERAL CONDITIONS Is 11 0 GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL COhTJITIONS OF THE CONSTRUCTION ee CONTRACT prepared, by the Enginrs Joint Contract Doctunents Commitw, EJCDG No. 1910-8 (1990 Edition), as a bade Changes to that document are shown by underlining text that has hcen added and striking through text that has Been deleted. EJCDC GENERAL CONDITIONS 19 r o-s (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 0 Article or Parfignph Number-S.: Title DEFINITIONS TABLE OF CONTENTS OFIGENERAT., COMMONS Page :Article or Paragraph Number Number Title 1.1 Addenda 1.2 Agrccmlcnt .......:..........:.........................I 13 Appilication for Payment .....................:1 1.4 Asbcstcis .............. ........... ....... I U-) Elid 1 1.6 Binding Documents........ . I 1.7 Bidding Requirements .......................... I I's. Bonds .............. ........... - 1 1.9 Or Change der,. .... ........ - .............I 1.10 Contract Documents ............................. 1. 1.11 Contract ,Price.... ............... .. ......... ........ I I.Ii- Contract Times .............. ................... -1 1.13 CONTRACTOR .......................... ....... 1 1.14. defective ..................................... 1.15 Drav6m; I ....... ... ....... . .. .. .. . ... .... L 16 Effectivi Date of the Agreement... ........ 1 117 ENGINEER 1.18 ENGINEERs Consulutfit..... .... ............ I 1.19 Field Order ......................................... 1 L20 Penertil Requirements .........................2 121 Hazardaim Wasic ;2 1.22.a Laws and Regulations; Laws of Reg4la,tions .............................. ........ 2 1.22,b Legal Holidays ................ A ....................... ) 1:23 Lions ..................................................2 1.24 Milestone............................................2 1.125 Notice of Award.........--._ ........... 2 126 Noiicc to llrocccd� ............ 1 .................... 2 1:27 - I - OWNER ........ ..................................... 1.28 Partial Wization ................................2 1.26 PCBs ......... ................... -; ...... .......... 2 1.30 Petroleum ................. ... . .. .... ... ...... 2 1,31 Project._...._ .. ........... ------ 2 132.a Radioactive Malentil„.......... -- ' ' .1 ............. I 1.32.b 1 Regular Working Hours; ........................ 2 1.33 Resident Project Representative„_, ....... 1.34 Samples .............................................. 1.35 Shop Drawings.._.._......._ .................. _2 1.36 Specifications ....................... .............2 137 Subcontractor .....................................2 1.38 Substantial Completion ............... I I: . 39 Supplementary Conditions_ ...... ......... IAO Supplier......................... ............ 2 1.41 Underground Facilities ............... . -3 1.42 Unit Price Work ........... �* ................. 1 1.421 Work ................................................... 1,44 Work ChangeDirccii�c ............. .......... 3 1,45 Written Amendment. .......................... Page Number PRE-1,111vMMARY MATTERS ................3 2-1 delivery of liond!k ............................ 12 Copies Of FkjcuM e n , L, s .......... . 23 Commencement of Contract Times Notice to Proceed ............. 3 2.4 Starfina the Work .......... 2.5r2;7. B,efore Starting.Constructiow CONTTFj%CT0R's Responsibility to Report; Prelim iniry Schedd . es; Delivery of Certificates of Insurance 3-4 2.8 Preconstrtltctiofi'Cb . nferencc ........... 4 19 Initially Acceptable Scheduleq: ........ :4 CONTRACT DOCLIL\ENTS: INTENT, ANIhNDING, RFUSH_ .................................. 4 3.1-3.2 Intent.... .--.. _ ............................. 4 3. Reference to Standurds.and SR60- firm ions of Technical Societies-, Reporting and Resolving Dis- crepancies ................................. 4.5 3.4 Intent of Certaii'11'"s,or Adjective.%, ...................................... 5 3.5 ' Amending Contriict Ducutients ......... 5 3-6 Supplementing Contract Documents., ................................. 3.7 Reuse of Documents......._................ 5 AVAILABILITY OF LANDS;. SUBSURFACE AND PHYSICAL CONDITIONS, REFERENCE POINTS .........:.................................1 4.1 Availability of Lands :� ..................... 5-6 4.2 Subsurface and Physical 'Conditions 4.2.1 Reports and Drawings .. . ........... -.-,.-6 :6 Limited Reliance by CONTRAC- TOR Authdrizcd; Technical Data , a ............ 01 ....., 6. 4-23 - Notice of Diffeimg.Subsurface or. Physical Conditions .................. I Y 6I 4.2.4 ENGTNEFR's Review ...... ................. :.6 4:2-5 Possible Contract Documents ,Change ....... .................. ............. 4.2.6 Possible Price and Times Adjustments : ................... .......... _6-7 4.3 Physical Conditioris-06&rgriound Facilitics., ..................................... 7 43-1 Shown or hidicatcd ........ ...... : ............ 7 4.3.2 Not Shownpr Indicated, ................... Y 4.4 Reference Points .............................. 7 LJCDC GENERAL &0NDI7ION5 1910-'S (1990 EDITION) WICITY OF FORTOOLIMS MODIFICATIONS (RFV W99) 1] 0 0 0 0 Article or Paragraph Number &.Title Rage Article or Paragraph Nu.mbci Number &Titic 4.5 Asbestos; FM,. Petroleum, Hazardous Waste or Radioactive Material 7-8 BONDS AND INSURANCE .................... * ............ 8 5.1-5.2 Performance. Payment and Other Bonds ...................... ........... 8 5.3 Licensed Sureties and lnsurers; Certificates of Insurance 5.4 CONTRACTOR's.I.Jability Insurance 9 5.5 OWNER's Liability Insurbrice ............ _9 5.6 Property Insurance ... ...................... 9-10 5.7 Boiler and Machinery or Addi- tional Property insurance .............. ... 10 5.9 Notice of Cancellation Pro%ision 10 5.9 CONTRACTOR'sResponsibility for Deductible Amounts .................... 10 5.10 Other Special Insurance,,...,.., ........ __.10 5.11 Waiver of Rights, ,,,,,,,,............ _1 I 5.12-5.13 Receipt and Application of Insurance Proceeds 10-11 5.14 Acceptance of Bonds and Insa- ance; Option to Repla ' c ' e ......... 5.15 Partial Utilization --Property Insurance..,, ... ;4 ... �­ .... : ... .... CONTRAGfOR'S RESPONSIBILITIES 11 6.1-6.2 S * upervision and Superintcrtcloicq ....... 11 6.3-6.5 Labor, Materials and Equipment,,, 11-12 6.6 Progress Schedule., ... ...... I".., ......... 12 6.7 Substitutes and "Or -Equal" Items-, CONTRACTOR Expense; Substitute Construction Whods.or Procedures, FNdiN9rR'-, Evaluation ............. 12-13 6.8-6.11 Concerning Subcontractors, Suppliers. and Others; Waiver of Rights ........................ j3-14 6:12 Patent Fees and Royalties ....................14 6.13 Permits 14 6.14 Lai,;N and'Rcgulati'ons 14 6.15 Taxes ...... 14-15 6.16 Use of Premises ...... .............. : ......... . 1.5 6.17 Site Cleanliness , .... .......................... 151 6.18 Sife Structural Loading ........... ...... 15 6.19 Record Documents 15 6.26 Safety and Protection J 1 5-16 6.21 Safety Representative .......... .. ...... . . 16 6.22 Hazard Communication Programs ...... 16 6 23 Emergencie's ... ................................. 16 6.24 Shop Drawings and Sam ples ..............16 Rage Number 6:25 -Submittal Proceedurcs; CON- fRACiOWs Review Prior to Shop Drawing or Simple SubmiuM ............... ...... 16 6.26 Shop Drawing &_Saqlple Sabra] t- tals Review by ENGINEER, ..... - 16-17 6.27 Respbnsibility for Variations From Contract Documents 6.28 Related Work Performed Prior to ENGINEE,'I Z's Review and Approval of Required Submittals 1_ 17 6.29 Continuing the ,Work,,,,,,, I ..... ... 17 630 Col'ITRACT'OR's General Warranty and Guarantee ..............17 6.31-6.33 Indemnification 17-18. 6.34. Survival of Obligations....:..............18 OTHER WORK ; 18 7.1-7.3 Related, Work at Site ........................ 18 7.4 Coordimuiorl ..... ...... ................. is OWNER'S RESPONSIBILITIFS 8 9.1 Communications to:CON - TRACTOR........_....I.................. is 8,2 Replacement of ENGINEER;_: ...... ;18 8.3 Furnish Data andPay Promptly When Due : 8.4 Lands and Easements; Reports and Tests 18-19 8.5 Insurance........ 19 8.6 Change OF&TS ....... .......... 8_7 Inspections. Teits and Approvals,,,,, .............................. 19 &S Stop or Suspend Work' Terminate CONTRA&GIVs Services_ ... : ............................. :_19 ,8.9 Limitations on OWNER'S Responsibilities ....... I ................... J9 SJO Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material 19 8.11 Evidence of"Finan6l Arrangements ....... : ........... ........... 1.9 ENGINEER'S STATUS DURING CONSTRUCTION . ............................................ J9 9.1 OWNER's Representative.. ....... :19 9.2 Visits to 'Site., ...... ­­ .... I ... ..... I ..... 19 9.3 Project Representative,,,,,,,, , . _1 9-21 9.4 Clarifications and Inter'pre- tat ions 21 9.5 Authorized Variations in 21 EXX GENMIUL CONI)MONS 1910 -S 0 996 EDMOM WI CITY OF FORT COLLTINS MODIFICATIONS (REV 909) • Article or Paragraph Page Articleor Paragraph Page Number &'Title Number Number &-Title Number 9.6 Rejecting Defective Work ....... ........... 21 13.8-13.9 Uncovering Work al ENGI- 9.7-9.9 Shop Drawings, Change Orders NEEWs Request ...................... 27-28 and Payments.. ..:...... .......... * . ....... 21 13.10 0 OWNER May Stop the Work... , ........ 213 9.10 Determinatims for Unit Prices ....... 21-22 13.11 Correction or Removal of 9.11-9.12 Decisioris on Disputes; ENGI- Defecnve work ........................... -)8 I NEER as Initial Interpreter. . .... 22 1112 Corr --cQtion Period., ........ .......... .28 9.13 Limitations on ENGINEER's 13.13 Acceptance ofDeficlive Work, ....,,; ?S Authority and Responsibilities,,,_ 22-23 13.14 OWNER May Correct Defective Work 28-29: CHANGES IN THE WORK ........................................ 23 10.1 OWNER's Ordered Change ............... ,13 14. PAYMENTS TO CONTRACTOR AND ......... .................................. 10.2 Claim for Adjustment,.... ...........23 com.PLETiw I ...... 29 Work Not Required by Contract 14.1 Schedule of Values .........................29 .10.3 Documents ..................... . ...... 23 14.2 Application for Progress 16.4 Change Order* .................................23 Payment............., ................... 29 10..s Notification of Surety ..... ....... ......23 14.3 CONTRAGTOR's Warranty of Title. ..........................................29 CHANGE OF CONTRACI'PRICF .............................23 14A-14.7 Review of Applications fnr 11.1-11.3 Contra6t Price; Claim for Progress Pitytrients ................ :* 29-30 Adjustment; Value of 4.8-14.9 Substantial Completion .............I....30 the Work 23-24 14.10 Partial Utilization ......... ........... 30-31 11.4 Cost of the Work ................. ......... 24-251 14.11 Final Inspectiorl., ........................... 31 11.5 I Exclusions to Cost of the Work,,,,,,,,,, 25 14.12 Final Application for Payment ........ 31 11.6 CONTRACTOR's Fee ......... ............. 14.1.13-14.14 Firm[ Priment and Acceptance ....... ,31 11.7 Cost Records ........................ ........ 2-5-26 14;15 Waiver of Claims,,.,,,,,,, , , „ ... 31-32 11.8 Cash Allowances,,,,,,;,,,,,,,,, 1_26 11.9 Unit Price Work................................26 15. SUSPENSION OF WORK AND TERMINATION �32 CHANGE OF CONTRACT MIES ............................ 26 ...... .............. ........ 15. 1 OWNER May Suspend Work.. ...... 32 12.1 Claim for Adjustment ......................... 26 15.2-15.4 MINER May Term inatc ........ ........ 32 12.2 Time of the Essence .......................... 26 is.,; CONTRACTOR May Stop, 12.3 Delays Beyond C6 CTOR!s Work or Term inate... ., ............. 32-33 Coritrol ......... 26-27 12.4 Delays Beyond OWNER'sand 16. DISPUFF. RFSOLUTIOIN ....... .......................... 33 CONrrRACTOR!s Control ................ /'7 17. MISCELLANEOUS._.._._ ............... _ ............... 33 TESTS AND N-ISPECTIONS; CORRECTION, 17.1 Giving Noiice ................................33 REMOVAL OR ACCEPTANCE OF 17.2 Computation cif Times ...... ........... I 33 DEJ,-EC77ME WORK ...... ........................... __ ...... ----- 27 17.3 Notice of Claim............................. .. 33. 13.1 Notice of Derects ...............................27 17.4 Cumulative Rcmedic,s ..................... 33 13.2 Access to the Work ..................... ... -27 17,5 Professional Fees and Court 13.3 Tests and Inspections; Casts Included ...........................33 C6NITkACTOR!s Cooperation .......... 27 17.6 Applicable State Laws ................ 33-34 13.4 OWNER!s Responsibilities; Intentionally left blank..,,.,..,_.....................w......35 Independent Testing Laboratory ....... 27 13.5 CONTRACTORs EXHIBIT GC -A: (Optional) Responsibilities_ ...................... ......Z7 Dispute Resolution Agreement..,,.,,,,,,.......... GC -Al 13.6-13,7 Covering Work Prior to Inspec- 16,14&Arbitration, ....... ............ C-Al tion, Testing or Approvat ............. ._217 16.7 Mediation ............................... PC -A I LJCM CENIULAL CONDITIONS 1910 -8 (1990 LDITIbN) WICITY OF FORTCOLUMO DIFICATIONS ODIFICATIONS W.V91M 0 0 0 TNDEX TO GEM-mAj.. qoNDmoNs 'City of Fort Collins modifications to the.tien6ral Conditions of the,Constructirm Contract are not shciwm in this index Article or Paragraph Number Acceptance of-1 Bonds and Insurance,, .................... ; ............. : ... 5.14 defective Work .... 1­1 ................ ,..1Q4.1. 13.5. 13.13 final payment.:..:....._ .......... ...... 'insurance .............. ............ .................... 'citli& Work,'by CONTRACTOR_, 114 . ..................... 7r.3. Substilutes'and "Or -Equal" Items ...................... 6.7.1 livoik by, OWNTF.R.., ....... ...... :2.5, 0.30_6 34 Access to the -- Lands, , OWNER andCOINUIZACTOR responsibilities„.. ........, I ......... b­ ...... site: ielatedMork ............................................... 7.2 ,XVoik . ...... ............. : .... I ... ­1 ...... 13:2, 13.14,149 Acts or.6niissions--, Acts and Cut issions=- CCINTRAC7M ................ .......... 6.9� 1. J.13.3 FmilINFER ...... .......... lw ......... ..... 6.20 9; 1 - 3.3 OWNER...: ....w­ ........... 1 ............................ 8.9 Addenrdla­definition of (also see Clefinition of SpeciFications) (1:6, 1.10, 6.19), 1.1 Additional Property Insurance*,,,, ........ ... 5.7 Adjustments - Contract Price or Contract rinics... ... ........ ............ 1.5, 3.5, 4.1. 4.3.2,4.5.1 .....................4_5_3.9-�4,,9.5. 10.12-10A. ........................... 11, 12. 14.8, 15.1 progress schedule ............. ............. : ............. Agreement -- definition qf......................I. ..J.2 'All -Risk" -Insaraince, policy fiarm.......... ­.; .......... 6.2 Aiiowan.ccs, Cash ........... ....................................... 11.8 Amending Contract Documents,,, 3.5 Amendment, Written_ 'in general ................. 1.110, 1.45, 3.51 5A0, 5.12, 6.6? ......................... G.8,2, 67 1 19,'l 0. 1, 10,4,. 11;2 ........................ 12.1, 13,112, 14 .7. Appeiil,,OWNER or CONTRACTOR intent to., .................. ...... 9. 1 0,A 11, 10.4, 16.-2, 16.5 Application for Payment-- definition or .. ....................................................... 1.3 ENG114FER's R&poTiSihility., ...... I .............. M.. final payment .................. 9. �_�A, 9:135, 14,12�1 4 1 -15 in general .... ................ 2.9, 5;6 , '4, 9. 10, i.5 .progress payment... ........... review of .................................................. 14:4-143 Arbitration Asbestos -- claims pursuant thereto ........ 4 -5.2; 4.5.3 ....... o stop Work..; ...... :4.5 , 2 .cq\rl­PA(�TbR authorized to definition Article or paragraph Number OWNERresponqibi lity. for, ...... ............. 4 S.1, X; 10 possible .price Iand times change ........ I ......... .4:5.2 Authorized Variations in Work ......... 1.6. 6.25. 6.27, 9.5 Availability of .4. 1, 8.4 Award Notice of --defined ........ ' 125 Before tatting Construction . § Bid--definitinn ............... ... 1f5 2 3, 3.3 ----------- ........ 4.,2.6,4, 6.13. 11.43,'11.9.1) Bidding Docurnents'--d6finition of 1.6 (6.8.2) Bidding Requiremenls­defifiitidn of ............. .......... ...... .-I.7 (1.1, 4.2-6.2) Bonds— accsptancc.of: ...... .............. ............... ........ 5_14. additional bonds ........... 10.5. 11.4.5.9 ;cost of the eWor*,.,....__,... ............................... 11.5A definition o( deliVeryof ................ ................................... I, 5.1 final Application for Paiymcni ................. J21:12-1414 'general ............. ......................... 1, 1 O, 5.1-5.3, 5.13., ....... ................ ... 9.13, 10.5, 14.7.6 Perlbrmance, Pivement and Ckher ...... ......, ..5 i=5:2 Bonds and Insurttrice--in general,., ........................ 5 136ilder's risk "all-risk" Policy form .... $J0.2 Cancellation provisions" Insurance ........ 5A.11, 5,8 5115 dash.Allowances" .. ................... 11.8 . t Cerliel6rtc 6�'Subs't'a"n*titl IJ8. 630:2.3. I .......... ............... 14.8. 1410 Certificates of Inspection; .................. 913.4; 0:5, 14.12 Cehificws of Insurance. . ......... : z.. 2-1 1 , 5. 4: 11 l,'5.4.13. � �3 13. .....5.6.58, 1. 5.14,9.13.4, 14.12 Change in Contract Price— Ciisli dlowances ............... .... ............... ........... 11.8 claim forprice .adjustment; ............ 4.1, 4.2.6 4 5,,5 15, 6 U 9A ------- ........... 9;5,.9.11, 10.2. 10.5. 11.2,13.9, .................... _)113, 13.14, 14-7, '15. 1,'] 5.5 CONTRACTORIs fee_,...... ............11.6 of the Work .general ........................ ............... 11.4-113 Exclusions to ;:,; �..: : 11:5 'Cost Records . .................................... ............... 31.7 'in gencral ... : ......... ;.05i, 1.421-, 9A I' 104:2. 10A'3, 11 Lump, Sum Priciig ... ......... ....................... I i3:2 Notification Of S`Urcty Scopeor'.... , ...... ............. ....... I ......... ,Testingand'Inspection, Uncovering the W041. . . ............... ......... 139 EJCIX MNiRAL CONDITIONS 1910-8 (1490 LD111614) wicrry mropTcouais M0DlF1Cii110X9(REV 9/99) • Unit Price Work :-11.9 CONTRACTOR's Fee ....... ­ ............... ........ :_l 1.6 Article or Paragraph Article or Paragraph Nuffiba Numbl r Value of Work ...... : ........... .......... ............ :..:)13 CONTRACTOR's liability ............ 5.4, 6,12, 6116, 6,31 Chan2c in Contraci'l"imes­ Cost of the Work ... ­ ...... ............................ 11.4, 11.5 Claim for tithes adjLstment ........ 4.1, 4.2.6, 4.5, 5.15, Decisions on Disputes:..............................9.11, 9.12 .... 6.8.2, 9.4. 9;5,:9 11, 10.2, 10.5.12. 1. Dispute Resolution ............ __........ ......... 13.9, 1313, 13.14, 143, 15.1, 15.5 Dispute Resolution Agreement.,,,, ...... ....... 16-1-16.6 Contractual time limit. ;. ........ : . I . I � . . . . . . . . . . . . . . :112 ENTGrNTE ER ' as initial interpreter; :....;......9.11 Delays beyond CONTRACTOR'sturrip'Surn Pricing., ...... ........... 1 L3.2 Control ......... 113 ....... ........... Notice of ..... ............ ......... .......... 1),lays beyond OWINTER's and OWNFR's............... ..... 9.4, 9.5, 9.11, 10:2,: 1 L21 11.9 CONTRACTOR's control ............ : ............ ,_12.4 ......... A-).], 13.9.13.13. 13.14, 17.3' Notification of surety:........................................ 10.5 ONVNEIZ's liability ....................................... ........ �J Scope of change ............................. I ....... ­ 10.3-10.4 k in OWNER may refuse to ni a c payin enk ......... ........ 14.7 Change Clrders=- Professionril Tees and Court Costs XcccIiiance of Defective Work ...................... . 13.13 Included., .................... ................. 1.7.5 Amending Contmet Doicum ents........ ............ ;_....,J.5 cision request for formal decision n..... .. ; .... . 11 Cash Allowances I1.8 Substitute Items..........__. .o........................... .. ­.......6.7.1.2 Changerd Contract ice ...................................iI TimeExtensibn........ ............ ........... 12.1 ....... Change of Contract Times ...... -11 ...... 12 Time requirements: ........ .............. 9. 11, 12.1 Changes in the Work..... ...... :.1 ...... 0 Unit Price Work ........... ................ 11.9.3 CONTRACTOR's ibe . ........................................ 11.6 value of'................... ........... .............. 11.3 Cost of the Work ......... I ....... ; ....... 11.4-11.7 Waiver of --on l7inll,Payr�cnf ...... ........... J4.14, 14.15 ,Cost: Records ............ ......... ... 11.7 Work Change Directive ......... I— ............. ,iO.2 de'fmiiIoh of ..................................................... 1.9 written notice ..............9.11, 11.2, 12.1 emergencies ........................ : ........... .......... -3 J.? CiariFkati6ris:and Interpretations ............ 3.6.3. 9.4, 9.11 ENGINEERS responsibility, ....... 9.8. 10.4. 112, 12.1 Clean Site ..... ...................................... ............... 6. 17 execution of .................... .............................. Indemnifiction ......................... ... JOA 6.'12,6. 16,63 . 1;6.33 C odes 6l"fechnical Suciety, Organization or -Association ..................................................}33 Insurance, Bonds'and .... ...... 101-5-13, 10.5 Commencement of Contract Timcs ............ ......... 13 . R Hy terminate:.,,, ........................ oi�','M IM-15.4 'Communications-- OWNERS ............ Responsibility , ........ ....... $.6. 10.4 general .............................................. 6.2. 6.9.2, 8.CommunicationPhysical Conditions- � HazarCommunication Program's ..... .... ...... 11) Subsurface and ....................... ......... ; ........... 4.2 'Completion-- Underground Facihilcs--.. ........................... 4.3.2 Final Application for Payment , ....... ...... .......... 1'4.12 Record Do6ym ents; I 9 Final In'%pcetion ....... .................... .. .............. 14.11 ..... 'Scope of Change•........................ ...... _ ...... 10.113-110.4 Final Payment and Acceptance, .............. i 4.13-14.14 .... Substitutes........... ........... ...... .... ........ 6.7.3, 6:8.2 partialUtilization...............,,,,,,,. ...... _ ............ w Unit Price work ... 11.9 Substantial Completion ................... _138, 14.9-14.9 ...................................... value of Work, covered by ........... .......... ...... 11.3 WiiJw of Claims..,;. ............ ...... ........... Changes in the Work ... 7 ............................ ....... 10 Computation of Times ... ................ 0.2.1-11.2.2 Notification ol'su'rety .........................................10.5 Concerning Subcontractars. Suppliers ,OWNIERs and CONTRACTOR's and Others .............................. . .................. 6.8176.11 respoMibilitics ........... ......... .......... .... 10.4 Conferences -- Right to an adjustment ............................... ......10.2 initially acceptable schedule.;,.,, ................. _)_9 Scope of change ...... ........ 10.3-10.4 precoristiuction, ................. ................................ 2'8 Claims- Conflict, Error, ' ; Ambiguity. Discrepancy— against C . ONTRACTOR .... ---------- .........6.16 .... CONTRACTOR to Report ... ................... :.2.5, 3.3.2 ,ri,rainst ENGINEER,,,.,, ................ ......... .6.32 Constructionbefore starting by OWNER ............................................... 6.32 CON'TRACTOR ............ ............ .................. 2.5-2.7 Change of Crrntracl.Pficc ........................... 9-4. 11.2 Con]simciiiin Machinery, Equiorfiei�t, etc,,,.,..,., .... 26.4 Change of Contract Times ....... ................ _9A, 12:1 Continuin the Work:.... .... ........ 6.29, 10.4 CONTTRACToks ------------ A 7.1; 5.4, 93. 9A 1. 16.2. Contract D&uaients- ..................... 1,21 11.9, 12.1, 13.9,.14.8, Amending ........................... M.. ......... . .................T3.5 15A. 15.5. 17.3 Bonds- ........ ............. ...... ......... 5.1 yj LicL)c (;rNMAL coNurnoNs 191 o�s (iggo titil-1109) w/ CITY OF FORT COLLYNS MODIFICATIONS (RFV')199) 0 0 0 E Cash Allowances..............................................11.1t Article or Paragraph . 14umber .Change of Contract Pric@..... ...... ....................... I I .Chan-c of Contract 'rimc s 12 Changes to the Work .......... ........ ........ 10.4_16.5 check and verify. ................... I ...... ........ 1.5 Clarifiahions and Interpretations,.., ... ............. 1. _3.21, 3:6, 9.41:9. 1) definition or.__ ............ _ ............. ............ HNIGINMiR as initial interpreter of.„....... . F KIGINF H R as OWNER's representative ............. 9.1 -1. generd13 Insurance, ..................................... ....... I ...... Intent 3 I Z14 minor vnriations in the Wor­4. 3.6 respo'hsibility t6furnish data... ..... ONWFR's rcspoqsihilityto make prompt payment ....................... _'8.3,14.4, 14,13 precedence............... ................................. 3.1,3. ' 3.3 Record Documents ............ ............. ........... ...... 6.19 Reference to Stindarft and Spccificmious; offechnical Societies 3.3 Related Work -2 Reporting and Resolving Discrepancies. ........ )5_31.3 Reuse ol� ............ ........... ...... ....... 5:7 Supplementing .... ; ....................................... �3.6 Termination of ENGINEER!s 8.2 ,Unit (rice Work.,.1 variations .......... I ............................... �I6; 6.23, 6.27 Visits to I Site, ENIGINET Rs ..... ......... w ....... Contract Price— adjustin ent of., .... : ........ 3.5. 4i1. 9.4, 10.3; 1 L2-11.3 Change or ....... ...... I ...... ..... Decision on Disputes,,,,,,,,,,,,, ;.'m .................... ? . .11 clefmition of Contract Timcs__ adjustment o�: ...................... _15, 4.1, 9.4, 10.3, 12 Change or, ............. :_: ................. _ .......... . 2.1-12.4 Commencement.of 2.3 definition or .............. ...... ............. ....... :1.12 COiNT.#ACTOR- Ac6cpififice of Insurance................................... 5.14 Communications, ........................ �..61!6.9.2 Continue Work.,., ................. 16.4 coordination and scheduling, , ....... �; ....... 6.9.2 definition of ................................ ............... A.13 Limited Reliance'Oh Technical 15a-ta Authorized 4.2.2 May Stop Work or Term iAiiie: . .... .. ....... 15..5 .provide site access to others,;,,,;,,;;;,,,,,,,, :.7-2 13:2 Safay and Pr6le-clion ........... ... % ,:.. 4-3-1.2. 6. 16,6. 18, .... ... i .............. ....... 6.2l-6J3,'7.2j3.2 " ­ ......................... Shop Drawing and Sample Review Prior to Submittal ............ 6.25 ....... vii Stop Wark requirements ....... . ...... ..... 4.5.2 CONTRACTOR's- Article of Paragraph 'Number ,Compensation ................ 11. 1 1 Contincirig Obligation ..................................... ... 14. 13 Defective Work ......... .......... 9.6. 13.107131-14 Duty to correct deeoitie Work ............ � ....... : ..... 13:11 Duty to Report -- Changes in the Work caused by RmcrgcTiey._, 6.23 Defects in Work of 0, thers ......... I ............ ....... 73 Differing 61driditions ........... ........... 4.23 Discrepancy in Documents 2.5:*3:3,2, - 6.14.2 Undergro , und Facilities cilities n , ot'indicuted.-I ... I ... 4.3.2 Emergencies.. ...................................... ........... . 0.')3 F Iquirmicint and Machinery Rental".Co'st I I of the Work.,., .............. ....... 11.4.5.3 Fee --Cost ....... 11.11 4_5A 1 1[6 General Wairanty and Goara I nice ........................ 030, IhizardCommunictrtion Programs,. ............. 6 22 Indemnification ...... .,,,__ .......... �.'!2, 6,16, 6.31-'6.33, , - 1 Inspection of the Work,,,, ......., . 11 1. -1 7:3; 13.4 Materials and Eq[tupment ................ 63-6.5 . 1 Laws and Regulations, Compliance by 6.) 41 ....... Liability Insurance .......... ....... ............... •Notice'of Intent to Appeal...,,. :910..10.4 obligation to g . perform tindcomplete the Work ..•............ :; ........ ......................... _030 Patent Fees and Royiiltics, paid for by,,,,,,,,,,,,,,,, G 12 Performance and bther'Bond-s _ _ I ., I ...... I ......................... 5.1 - . Permits, obtained and paid for by,,,.;,. _ ...... ; ...... �0.13 Progress Schedule ..... :? 16 2.8. ........... ._ I 2.9, 6.6. ...... ........... ........629, 10.4..15.2.1 Request for formal decisionon,dispytes ............... 9.11 the Work 10.1 Subcontractors, Suppliers And Otlicrs........ .......... Z ............. ... 6.18-6.11 Continuing the Work .............. ........... 629, 104 CONTRACTOR's expense ............... ...... ... 6.7.1 CIONTRACTORs General W-aTrmity, and Guarantee,,,.,, 630 CONTRACTOR'S review prior to Shop Drivwing or Sintibic submittal ..... .6.25 Coordination ol"Work ........ ............. ......... 6.9.2 Emcrgcncics.............................................. G:23 ENGINEERs m1untion, , Substitute's or "Or-H,qual" Items..... .. ................... 6.7:3 For Acts and Cut is,siciris or Others ........................... 1 -6.9.2, 213 for deductible iunoun6jnsurarnce .................. R5.9 general.,,,,.,,,,,. 6, 7.2, ...................... 7.3, 0� Ilaurdous Communication Programs-. 22 Indemnification,.;.„ .. ...... ; ........... 6. 31 6. 3.3 Ljcw. Gt:Nmk.�L amrnorts iqiq�t; b9sio winom W/CM OFTORtCOLUNS MODIFICATIONS (REV 9199) • Lahor, Materials and Equipment, ............. 63ai.5 CONTRACTORS -=other ... ........ .._........-_-- .:....... ...... 7 Laws and Regulations .......... :...................... A.14 Contractual Liability Insurance ,,,;,_:.;...._.._ ........... .5.A.10 Liability Insurance :...... .... .................... ....5.4 ContractualTime Limits„_,,,.,,,...,,,., 12.2 Article or Paragraph .Article. or Paragraph Number INwiiber Noticeof variation from Contract Coordination-.-. Documerts..:......................................:6.27 CONTRACT;ORs,responsibility............. .......... 69:2 Patent Pees, and Royalties,,,,,,,,,,,;,,,,,,,, ,_!6.12 Copies of Documents,;,,.: ........ :.......... „.........:,2.2 Permits ...:............. .............. .::..: ......... .:6.13 Correction Penal - .......... ...... ..:.:... ..............J3.1_ Progress Schedule ............................ .............. .6 Correction, Removal or Acceptance Record Documents . ,... '6:19 oT/Jejectnie Work-- related Work performed prior to in. general„ ............... „ , ,,.... , 10.4.1, .1310-13.14 ENGINEER'sapprovalofreyuied Acceptance ofl)efec(iteWgrk........ ............13.13 submittals .................................... ....6.25 Correction or 1(cmoval of safe structural leading . :....... .........6.I8 Defecliie..Woik„...... .6:30, 13.1:1 Safety and Protection........ .. 6 20, 7.2, 13.2 Correction Period ,.- 13.72 Safety Representative... .. ...... .-,..;6.21 O\VNFR May Corrcct Def0chveAVA. .... ,._ 13:14 Schcdul ing the Work ...... :........................... 6.9.2 O\\TIER Ma •:Ste. Work :........13.10 Shop Drawings and Samples ......................... Cast-- Shop Drawings and Samples Review of Tests and Inspections.....................................13.4 by ENGrNTf:LR................ ............. ....6:26 Records 11.7 Site Cleanliness ......... ....... ........ ;G.17 Cost of the Work -- Submittal Procedures...................................0.25 Bonds and insurance, additional,, ................. J 1.4.5.9E Substitute Construction Methods Cash Discounts ..... :............. :.... ........................ 11.:4.1 and Procedures ...:............... ..:... 6.7:2 -CONTRACTOR's Fee .......... ..............a1 A Substitutes and "Or -Equal" Items.... „-........ 0.7.1 Employee;Expenses...............11.4.5.1 - Superintendence .................... :,. ..6.2 .Exclusions.to:...................... ,:............................ 11.5 Supervision .................. ......... ........G.1 General] 1.4-1 L5 Survival of Obligations - 6.34 Flome'office and overhead expenses _ ... .11.5 Taxes................................ ...... ......... :§.15 Losses and damages„ ..... „I IA 54 Tests and Inspections ., ..,. ., .,,,,13.5 Matcrials and,equipm6m: ,,.,.. ;, , ,11 42 ToReport. .......:: ......................... ........, 2i5 Minor expenses ,.:..... ,:....,.... ...::..:.I 1.4.5.8 Use of Premises,,,,,,,,,,,,,,,,,,,, 6.16-6.18, 6:30.2:4 Payroll costs on changes ........................... 11.4.1 Review Prior to Shop Drawing or performed by Subcontractors.,_,,........_,;.........11-4.3, Sample Submittal......: 6.25 Records 11:7 Right to adjustment for changes in the XVW_,... 10.2 Rentals of construction equipment right to claim -:-. .......a1 O and machinery................................. 1;4.53 ,J1.9, 12.1. 13.9, I4.8, 15.1, 15:5; 17:3 Royalty payinenls,permits and Safely and Protection 6.20 6 22 .. 7 213.2 licen3e fees ,,.,,, ..... •... 11 4 5.5 Safet Re resent rave _ ,, 6. 1 Site office and temporary facilities 1 1 4^5.2 Shop Drawings and Samples Submittals,,,, ..... Special Consultant's„CONTRACTOR s ...........11.4.4 Special Consultants ...:... . ........ .......... 11.4.4 Supplemental : „ - --- ......... IIA.5' Substitute Construction Mcthods and Procedures..6.7 Taxes related tolhe. Work ............................. 1.1.4.5.4 Substitutes and "Or-Equa_I" Items;. Tests and Inspection., ,......., ..............13.4 Expense. ......:..... ... . ... ....6.7.1; 6.7.2 Trade Discounts......., ;11:4:2' Subcontractors, Suppliers andbther; ......... Utilities, fuel and sanitary facilities ..............I 1.4.5.7 Supervision and Super intendenc@......... 6.1, 6:2, 6.21 Mork alter regular hours ......... ............11A.1 Taxes, Payment by ................ .......'6:15 Covering Mork. ......... .........13.6-13.7 Use of Premises ... ...................... ............. .:b:16-6.1$' Cumulative Remedies..... ....... __. ,. .......17A-17.5 Warranties and guarenfeeS,,,........-„ ...,,6:5. 6.30 Cutting, filling and patching ,,,;,,,,,,,,,,,,;,,,,,,,,,,, ,,, 7:2 Warranty of "I tile.......................................14.3 Data, to be furnished by ONNFR,......... ................ .... K 3 Written Nolice•Retjuired-- - Day--i3efinition of ........ ......... ........... .17.22 CONTRACTOR stop Work or terminate ........ 15:5 Decisions on Disputes ................................... 9,1 I, 9,12 Reports of Differing Subsurface defective --definition of .............................. .............1.14 and Physical Conditions ..............:........ A.23 defective Work-- Substantial Completion ........... ......... ...14.8 Acceptance of ........................ ,. ... ....10.4.1. 13.13 F1COC GENIfiM C:ONDI'IIONS 1910-S (1990IDITION) - w/ CITY OF FORT.COLUNS MODIFICATIONS (RF.V 9/99) 0 BWSCNHD• ESMEDM 05 - 0 0 ASPHALT FCRFACE TREATMENT PRMCI HID RO. W L Nm SOMDOLE IIENND DESCRIPTION UMS SOTS CONTMCT QUANrIrY 1011111,1E PRICE TOTAL M13 COST 10501 SWEEMNG.ALLeTRCCTSIIRFACR$ fXN 1 $ 8,915.W $ Ir,9$O. EQ 1050E SWEEPING -AIL PARKING Wr SWACES EACH S S 1fl5Slp S 2,110.00 IW01 ST09MWAT"P=11.N. A.T. 1-1.6u,(ndarvlUtl) LINEALFOJT TYO $ 18.75 $ 13J25,00 1.131 STm1A TLAPRQH.CFION IT 10 $ 135.00 $ 050.W I.., CW PSEALIARIERNI) SQWRE YARD 154000 $ 2,79 S 261,40aW 1002 CHIPSFAL(COMECTOR) SQUARE YARD 1 S TIO S 2.76 4.01 CHIPSEALIRLSIDLNEMQ SQVAPL YARD 1 S 767 S 2.0 40904 DOUBLE CHIP SEAL(RMDEHr1.V.) SQUARE YARD 1 S ITS S 4.75 1.11 TMUILURRYSEAL(EDWECIDR) SQDARL YARD 1 $ 275 $ 2n IOU 06 IYFE II SLUR RY SEALOIESIDCNTNN SQUARE YARD 19QW0 $ 717 $ 390Q1111)) I090T T is II LLVRRT SW.(PAPI(INO lOry7 EQUAPE YARD 11,7W _ .145 $ n6 ism 4009 CAPESEAL(COILECIOR) SQUARE YARD 11,000 S 460 S 191.060.W 10909 CAYE 6EN.(PFSIDENTIAI,1 SQUARE YMD 'II OLO $ I41 $ 326j40.W 4. 10 CAPE SEN.(PARKIHG IDIl) SQVAF£YAP➢ 1 S 696 $ 69S IOU II SLIRRTTRAVCRPGK LWTLWC(IV YMa6p YI b Y vW LINEN. FOOT I.. S J95 S 3,950Or IOU 12 HL ITRY LURFACE LEVELINC(IH u I0. Wtl 1. 11.1) SQUAPE YARD SW $ 7.91 $ 3,975M 65001 VAH.LS ..SAGS BOARD ENDAY 10 $ 192.W $ 1,920 W IM02 WDMWO FIACOING PLSSOWEL HOUR 1 S V.W $ 9600 i.W a.a4uc 5 1,392,110.39- Oneld0lon, Ihrw hundred and ddyboolhousmd, cPeWldrW9Hdien Dollars and THrIy NIw corns BID ALTERNATE 1 (Hamow Park and ride ITEMN. ITEMDESCM:PON UNIT CONIRLCTQUANDTY .11 COST I COST 10501 SWEEPING EACH I $ 70500 $ I'm TO 10107 TYPE II SLURRY ECM. I. ING IDTS7 SQUAPEYAAD HIA. L 345 $ 34,SW'W 61001 VAMMUMMACENMRD ENDAY IS S 19200 S 2�04 CO .III ADDICONALM UWG PFASONM NDUR 16 S N. S 24am Tw1 u4Ne,wo-1 <.n: 5 78.634.00 BID ALTERNATE 2 (Turnberry Project Area ITESI Ne: ItENDESCRPTON UMT CONTRACTOUANTIIY MI COST I COST M501 9WEEMNC AW PARq NO WrE1IRFACES L H 2 $ 2E1 Or S 524.00 MAT Cr.IISLVRRYSSPL(PAPKING UYIS) SQVAHLYAPD I,500 S 345 $ 11a65.W 63001 VANPPLENfSSAGE BDAPD WDAY l S 192M $ 1,36.W 6100I AD D..AL..I.PPA60NN6L NWR li WW 5 240W Signature: 0-� Company: A-1 Chipseal C . Address: 2001 W. 64th Lane, Denver, CO 80221 Phone: 303-464-9267 rml ma Au.....I c.a 5 13.88a.00 Printed: Daniel J. Gryzmala, Vice President Email: gilu@asphaltrepair.com 0 0 0 'Correction,or Removal of 10. 4.1, 13 11 ,f.orrectionTcri . od,-, ........ 13.12 .............. -- I � . in general .................... .............. __.11 14.7. 14.11 Article or Paragraph Nuniber observation by ENGINF HR ..................... .......... 9.2 6XVi4FR 'lay Step ...... . 13.10 Prbropi Notice of Defects ........................ 13A Rejecting ...9.6 ...... ... .................... Uncovering , the - Work.: ... ....... .. J 3.9 'Definitions I s Delays4.1, 6:2' , ........................................ 12.3--12..4 Delivery of 13666. - a............. I ............................. '). I Delivery of certificates of,insurance .......................... :.23 Determinati6ris for Unit:Prices 9.10 Differing,Sulnurface,or Physical Conditions - Notice of 2.3 ENGINFER's Rcview ........................... -4.2.4 Pmsihle Contract Documents Change ....... _ ....,.42.5 Possible Price and"Timeg Adjustments,:,,; -4.�2.6 Discrepancies -Reporting and Resolving ..... _ ............. ............ 2.5. 3.3.2, 6.14.2 Dispute Resolution- 1 -16.6 Arbitration i 6-1-.16.5 genera116 Mediation ...................... : .......... ................. .... j6.6 Dispuie Resblul ion Agreement.:._ .............. i 1 6. 1 ' 1-6:6 Disputes, I.-kcisions by ENGINEER ....... I ........... :9.11-9.12 bocunicrits--.' Copies - of ..... . 2.2 Record 6.19 Reuse of, ............. ....... ......... Drawings-definitio'n- of .......... .................................. 1.15 Easenicrits; ... I : ........... : .......... I ............ ; ...................... 4.1 Effective date of Agreement -- definition qf ............ JL 16 Fnicr*-gcncicq ......... ....... : ............ ........ .6 3 ENGENTEER-- as initial interpreter on dispute;k ... ......... 9.11-9.12, (I zfinition of ........... 'a' 1,17 n I i t n t 16 n s 6... t'h"6' r"i't y and responsibilitic.s ...... 913 Replacement of, ---- .................. ......... R6s'ident Project Repres6nuitive.,_ ................ ...... 9.3 ENGINEEKs Consultant -- dcrinitioii of 1.18 ENGINEER* - authority -and responsibility, limitations on ........ 9, 13 Authorized Variations in thy'Work ..................... 9.5 Change Orders, responsibility for ....... 9.7. 10, 11, 12 Clarifications and Interpretations .... . ........ 3:6.3, 9.4 Decisions, on Disputes ....................... ; .......... 9. 11 -9:12 defeMye Work, notice of ............................ 113.1 Evaluation of Substitute Items .......... ....... : ...... 6.7.3 Liability ............. ; ..................................... 6.32,9.12 Notice Work is Acceptable.-_. ................ ......... 14:13 0 bservat qns ........... ................... I ........ I ... ;6.30,2,,9,2. OWNTI,',R?s R6presertitive,....,... 9.1 Payrrents,tothe CONN]"PACTOK Responsibility fcr.:,,'- ....... I ........ I ...... 14 Recommefidation of Payinent ..... JAA, 141.13 Article or Paragraph Number Responsibilities Limitations on,,,.,,;. z ...... _9.1 1 -9.13 Review of Reports' on Dillering Subsurfac'e and Physical Conditions .... ........... ....... 4.2.4 ,'Shop Dra'xvings'anj Samples, review resPonsibilitv ........................ ............... 6.26 .. Status During Coristruction- authurind varintions.in the Work ............. I Clarifications and In I ter -pre taticn�, LPA' Decisions on Disputes .......... _ ...... ; ..... 9.11 z9.12 Determinritions on Unit Price ...................... 9.10 ENGINEER as Initial Interpreter ...... 9.11-9.12 FNCYINr.FR's.Resp sibilitics..... . - I I - I pi _ . ........... 9,1 -9.12 and Responsibilities............. OW4,M-R's Reprcsentative ..... ;- .......... Project Representative„ „ I.- ....... ..... ....... 9.3 Rejecting Defqctis,� Work ....... ......... ...... :9.6 Shop Drawings, Change Orders and PavmenLs.................... ............... 9i7-9i9 Visits to Site,! ..... ........ .... 19:2 .Unit, Price.determinations . I ............. ........... 9.10 Visit's to Site Written consent requir-ed- ................................ 7-2.9.1 I Equipment, Labor, �Yalcriils and ........................ 63-6.5 Equipment rentalCost of the �,, .................... 11.4.5.3 Equivalent Materials and Equipments:,,, a ..... ; ...... :.0.7 error.or oraissiOns-- ... .............. -.6.33 Evidence of Financial Arrangements,,,-,,, ......... 11 Exploratilons of physical conditions,,,,,,.,-, ............... 4.11 Fee -;CONTRACTOR's-Cost Is Plus .......................... 11.6 Field , 0 rder- definition of 1.19' issued b;yENGINEE- .... I-- .......... 3.6.1, 9 Final , , Application for liaynieht. .............. 14.12 ; . , Final Inspectiorl .......... .................................... ; ....14.11 ince 14; 13-14.14. cash allovinices 11.8 ons ............ 173-17.4 . defin,if'ioriof ...................... : ........... ................... 1:20 prin,cipil references tQ .... ......... 16,'6.4, 6,-.676.7, 6,249 'Giving.Noticc ........ ............................ ................... 17.1 'Guarantec,of Woxk-by CONTRACTOR 14.12, Hazard Communication Programs,,, ,,,,,,, ...¢.22 Hazardous Wast c., of................................ 1.21 general....................... .............. ............. ........ 0 WIN E, R's � responsibility for .......... I ................... L*ICL)CGENULe Lcom)ii*ibN5191n;P(l§§bEDI'lldi4) %VICTTY OF FORT COLLINS N10J)1FTtA'rTO\- (RFV9199) Indemnification ............... ......... 0. 1'-)' 6.16, 6.31-6.33 Initially Acceptable Schedules--,.... ...... : ..................... 2.9 1 . . - Inspection— Certificates of * ........ ........... ........ 9-13.4, 13.5, 11.12 Final........................................................... 14.11 Article or Paragraph Number Special, required byENGINEER ............ ...... 9.6 Tests and Approval_, .... ; .......... .......... 83. 13.3-0.4 Insurance— Acceptance of, by OWNTER ............. : ............ .... 5. 14 Additional, required by changes ' inLhe.Wdrk., ........... .... 161 ........ ......... l 1.4.5.9 Before starting the Work ..................................... 2.7 Bonds and -in general, ............. .......... ...... Cancellation Provisions,.. ........ 5%8, �7..... r leatescif, .......... 2.7, 5,, 5, 3, 5.4.11, 5.4.1 ............... 5.6.5,5.8, 5.14, 9.13.4, 14,12 completed operations ..... ** ...... ......... ... 5A,13 CONITRACTORs.Liability ............. .............. ........ ;. 4r CONTRACTOR's Objection I to coverage,,,,,,;,,;,,; 5.14 Contro6tual Liability.................. ............. 10 deductible amount%, CONTRACTOR's responsibility ............... : ....... I ............... : ........ 5.9 Final Application for Payment ........................ _14.12 Licensed Insuiers ......... ......................... _ ...... ; 5.3 Notice requirements. material changeti ........ 5X 10.5 .Option to Replace ............ __ ......... ............. ... 5.14 :other special insurances ....... .................... : ....... 5,10 OWNER as fiduciary for insurci:14 .............. 512-5.13- owNmws I.iability .............. ....................... ......... �1.5 OWKERsRcsponsibility .................................... . Partial Utilization, Property Insurance., ............5.15 Property ....... . ... ................. 10- Receipt and Application of Insurance proceeds, ............................................. 5. 1 12=5;13 Special Insurance --- ................. .............. 10 Waiver of Rights ..................................... Intent of Contract Docurneraq .............................. 3.1 3A Interpretations and Clarifications ...................... 3_6.3;9A Investigations of physical conditions,,,,,;,,,,,,,, .............. 4.2 Labor, Materials and Equipmcnt. ............... .......... 6.3-6.5 Lands— and Easements ................................................... $.4 Avuilubility of, ......... ............... : ......... Reports and Tests ........... * ............ :.:. .................. :$.4 Laws and Regulations --Laws or Rego ations-- Bonds : ........................ .............. 5.1-5.2 Changes in the Work, ....... .......... .............. Contract Documents '..... I., ........ I... " I ... I ........ ... (�c)NTRA61-ows R&spqrs'llailities.................... . 6. 14 Correction Pciiod.defective Work: ................... 13.12 Cost ' o f the Work, taxes ................................ 11.4.5'4 fini detion of....:_ ........................... .............. IM gencra16.14 Inderniiificatiort, 6.31-6.33 Insurance-,-, ........... _ .............. .......5.3 Precedence ........................ ..... 3.1,33.3 1 11.1 Reference to 3.3.1 .Safety, and Protection ............... ........... 6.20. 13,2 Subcontractors, Suppliers and Others,,,,,,,,,, 6.8-611 Article or Paragraph Number Tesis and Inspections.,_ ....... ; .................... 13.5. Use -of Premises... .......... ­% .... 4 . . . . . . . . . . ..... 6.16 Visits to Site .............. 9.2 ...... Liability'Ins-urance-- CONYRACT'dR's ............... ......... .............. 5.4 '016VNEWs ................. ..................... ....... Licensed Sureties and Insurers,,...- ......................... 5.3 Liens- - Application for Progress Pavmen!� ...................... 14.2 C ()MfRA(7I'0R's Warranty of'ritle ............. . ..... 143 Final Application for Paytifent .............. ...... IIJ2 definition of.. .............. ............................. j.,23 Waiver of Claims.: ... ............................ .......... 14.15 Limitations on ENGINEER's authority and responsibilities ........................ .. .................. 4.131 Limited Reliance by CONTRACTOR Authorized .............. ............. ........... ............. +22 : Maintenance and Operating Manuals_ Tinal Ap 01 imficit for Payment,,;,,,,,, „„ , _,,..J4.12 Manuals (ofothers)-- Precedence..................... .................... _ -------33,3.1 Reference to in CmitractDobuimcnui ......... ...... :.3:3.1 Materials and equipment -- furnished 6.3 not incorporated in. Work .. ...... ....... I ........ ,i­ ..... 14.2 Materials Or equipment --equivalent : ................0.7 Mediation (Optional);,,,,-.............. .........167 Milestones--clefinifion of ................... .................... 1.-24 l,,4isccIIaneous-- Computation of"finics. ........... ......... ....... :J7.2 Cumulative Remedies... ................................ ..... 17.4 Giving Notice.,, ................................................17.1. Notice of Claim......._ ... ...... ............. .........143, Professional Fees and Court Costi Included.: ....... 17.5 Multi-pr ime contracts ............. .................. 7 Not Sh6wit or Indicated ........... 1.12 Notice of -- Ace eplabifty or project ............ ............... .... 14.13 Award" definition ol� ............. ....................... L-2-5 I C1,1111,1 .................... : ....................................... J.7-3 Dofects.13.1 Differing Subsurface or Physical d' onditions; ....... 4.2:3 'Giving .............. ...... ...... ............1.7.1 Tests and. 1psli'C'Utions ......................................... 13_3, Variation, Shop Drawing and Samplq ................. 6,.27 Notice to Prdceed-- 0crjnilionof ......................................................1.246 giving of..--- ...: ................................. ........ 2.3 EJCDC (ICNL-RAL COMMI'lONS 1910t8 (1990 EDI-11014) WI CITY OF FORT.COLLINS MODIFICATIONS (REV 9199) 0 0 0 0 0 Notification to &ircty ........ ..................... ..... :--- IRS Observations, by ENGINEER ..................... .... A30 9.2 Occupancy of the Work ............... 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR ............... fi-9, 9.13 Open Peril policy form, Insurance-,_„ .....................5,.6.2 Option to Replace ........... : ...................... 14 Article or Paragraph Number "Or Equal" Items ........ I ............................ .......... 61 Other work 7 Overtime Work -prohibition of ................... .......... .6.3 OWNHR-- Acceptance ot'defective Work .......................... j3.13 appoint an ENGINEER ......... .: ................ ....... _.g.2 as' fiduciar-3•...... .......... ........... ; ........ ... 5J2-5.13 Availability of Lands', responsibility..., ... I .............4.1 definition of ........................... b.:........... I ..... .....,27 .... 1 dataJurnish... ... ........... _ ........ ........ ... 8.3 May Correct Defective Work ...........................1114 May refuse to make payment ............. ................ J,4, i 1,Iiiy Stop the Work ............ ........ : ................... j3.10 May Suspend Work, Terminate .......... : ......... -48, 1110. 15.1-15.4 Payment, m2kc prompt,,,,.,,,. _:1,3, 140, 14.13 performance or other work .................................. 7.1 permits and licenses, requirerricnts .......... '..,..6; 13 purchased insurance requirements ....... ....... 5.6-5.10 ONNINEFZ!s-- Acceptance of the Work ..............................C.302.5 Change Orders, obligation to exccute .......... �;.6, 10.4 Cornmunications............................................... -8.1 Coordination of the Work 7.4 Disputes, request for decision I.' " ..... ...... ,;, .... ; ........ 9,11 Inspections, tests and approvals .................. l3. 7.. 1 j.4 Liability Insurance ................. ..................... Notice of.Dcfect............. .......................... 13.1 Representative --During Construction; ENIGINFFR's Status 9.1 Responsibilities -- Asbestos. PCBs, Petroleum, Hazardous Waste or Radioactive Material 8A0 'Change Orders .... ........................... L ............. 8.6 Changes in the Work ...................................10.1 communications ................................ 8.1 CONTRACTOR's responsibilities .................... 8.9 evidence of financial arrangements,,;,,,,;,,;,,, 8.11 inspections, tests and approval*: .................. _$.7 insurancc. ............... : .......... ................... lands and easements...,,... ............... 8.4 prompt payment by ........... __ ........ ......... _ 8.3 replacement of ENGINEER ....... ...... . $.2 reports and tests .......................... ........ -8.4 stop or suspend Work .................. 13.10, 15.1 terminate CONTRACTORs services 151 separate representative at site .............................. 9.3 testing, independent ........... .......... . ......... -- 13.4 use or occupancy of the Woik 5.15A30.2.4, 14.10 written consent. or approval o . required .........................................9.1, 6.3, 11.4 L"JijDC GENI-RAL CON AI [ONS 1910.3 (19,96 EDI 11014) wl CITY OF FORT COM INS MODIFICATIONS (REV 9199) Article or Paragraph Article Or Paragraph Number Number written notice require........................ :7.1, 9.4, 9.1 I, I1.2,11.9,14.7,15.4 PCBs, - definition of.... „ ...............:...... ,., ..1.29 general......................................... 4.5 OWNER's responsibility for . ..: ...... ........ 5.10 Partial Utilizati6ri- defmlhon of..,, ........:........... :........ .......A.28 ,general6.30.2.4, 14.10 Property Insurance.............. .. :. . ....:.... 5.15 patent Fees and Royalties ........................................ 6.12 Payni er t Bonds ................:.............:..:........ ..... 5.1-5.2 Paymtents, Recommendation of...... ...... 14.4-,14.7, 14.13' Pajmients to CONTRACTOR and Completion— Application for ProgressPayments....... .......)4.2 CONTRACTOR's.WarrantyofTitic................... '4.3 Final Application for Paymenk:........... . ..411.12 Final Inspection ............................................. 14.11 Final Payment and Acceptance ,,,,,,,,,, ,,,14.13-14.14 general...................................................... .: 5.3, 14 Partial Utilization..., .-...................... . R eta i n a ge.........................................................14.2 Review of Applications for - Progr ess Paym enm...............................14.4-14.7 '.:. prom.pt payment .............................:............... fi.3 Schedule of Values:...........„ ............................. 14.1 Substantial Completion..-_..__....................14.8-14.9 Waiver of Claims .............................:.........:..:.14.15 when- paymcot s due,,,,,,,,,,,,,,,,,,,,,,,,,,,, 14 4 14.13 withholding payment...... „ : ........ ....14 7 Performance Bonds ............................... . .....5.I-5.2 Permits........................................................6.13 Petroleum -- definition of .... ................ .................................. 1:30 general..............................................................4, 5 OWNGR's responsibility for. ...... I.......................5.10 Physical Conditions-- Drawings,oE in or relating to ........................ 4.2.1:2 ENGTNF.ER's review ....................... ......; 4.2.4 existing structures ..... ................. ......... general4.2.1.2................._............_.._..................... Notice of Differing Subsurface or .........:... . 4.2.3 PossibleContract DocurnentslChande 4.2:5 Possible Price and Times Adjustments .............. ...........: .42;6 Reports and Drawings ....................... ........4.2.1 Subsurface and..... ..... ...................... ­ ... ........... �_4.2 Subsurface Conditions ....... _„_. ............ _.....,.42.1.1 __.. Technical Data,'Limited Reliance by CONTR ACT(,)R-Authorszed ......................4.12 Underground Facilities-- general........................................................ 4.3 Not Shown or'Indicated..............................4.3.2 Protcctic1n ..........................................4.3, G.2U Xii 'Shown or Indicated .................... ........................... : 4.3.1 Technical Data ................ ....... ........ ..:...: ..; .......4.2.2 Preconstruction Corifcrcnee :.... ....:.........2:5 Preliminary Matters 0 ...,__, Preliminary Schedules,,,;, ......................... ...2.6 Premises; Use oC .....:....... 6.166.18 Price. Change of Contract ........................................... I I Price,,Contract--definition of ............ ....... ........ : I,II Progress Paymenil, Applications fox,.,.,,. .... ..,'14.2 ' Progress 1'aymcnt--retainag� _. , ........... .14.2 Progress schedule -CONTRACT OR's ...2.6, 2.8, 2.9, .......... 6 6 6.29. 10.4 15.11 Project --definition of.............................................1.31 Proj eel Represerital iv e-- ENGINEERs.Status During Constructioil... ... .,._.9.3 Project Represeniative, Resident --definition of ...... _.1:33 prompt payment by OWNIFR. _........ ;........ ................. :.8.3 .Property Insurance -- Additional `:::...:........ .............7 generals.¢-SAO Partial Utilizations:_:....... .: .5,15, 14:10.2 .reccipi and application of proceeds ........... 5,12-5.13 Protection, Safety and,,,;,,;,,,,,,,,,,,,,,, ,,,,,C:20-6.21j 13.2 Punch list ...........:. _ ...........14a Radicactive, Material— defintion of.......::.........:......._...............:............1.32 general4S OWNER's responsibility -for.. ............................ 8.10 Recommendation of Payment 14 4 14 5, 14.13 ' Record Documents ........ ...................... b 19. 14.12 Records, procedures,formaintaining, :..-.S Reference Points, :................................._....................4.4 .Reference to Standards,and Sp'eeifications of Technical Sociciics .....................: ... :,...3.3 Regulations, Laws and(or)......................................6.14 Rejecting De(eefive Work_ ..................................... :. 9.6 Related Work-- atSite.......:..........::.........::.........................7.1-7.3 Performed prior to Shop Drawings '.and-Samples:submitlals revic% ;........... 6.28 .Remedies, cumulative,,.., ._,... ...:..::174,1'TS Removal or.Correction ofDgfiecfiiti Work„..._.........13.11 rental agreements:'OWNER approval required ..... 11.4.5.3 replacement of ENGINE.ER. liy;OWNER ......... ...$.2 Reporting and Resol6ng Discrepancies ......... ...........2:5, 3.3.2, 6,14.2 Reports, - and Drawings ...... :............. ........... .............._4.2.1 arid Tests. OWNFR'sresponsibihty ...............$A .Resident and Project. Representative— definition of ..................... .......................... .... 1.33 Provision for ............. :...... ................ I ........................ :9:.3, G1COC OLNt.IL41. C0N'D1110NS 1910-5 (1990 IDMON) wl C1 TY nF FORLCOLLINS MODIFICATIONS (RF.V 9199) Ll • 0 Article or'Paragraph Number Resident Superintendent;CONTRACTCR's............... 6.2 Responsibilities-- CONTRACTOR's-urgeneral...,... ....: .............o ENGINE6R's-in general;,,,,,,,,,,,,,,,, , ,, ,; " ........9 Limitations dn..............................:, , `9'13 OWNGR's=in general ............... ...:. $ Rewinage ....... ..... . ,1.4:2. Reuse of Documentq .. ..... :. .... .,... .. .... .....3 7 Review by COI\rrRACTOR: Shop Drawings and Snmples`1'rior to Submittal „ ,,, , : ;, ,: ,.;:fi`�5 Review of Applibations,for Progress Payments ...................:......... ......14.4-14.7 1Lght to an adjusttnent ...... Rights.of Way ....... 4.1 Ro)d ties, Patent Fees and ,,, .................. 612 Safe Structural.l.ondin�--------------. -- ..................... .-:6.18 safety -- and protection,_,- ....,,. -4.3:2, 6:16, 6.I8, .........--- - ...... .. 6.20-6.21, 7 2; 13.2 .general .............................................. 6.26-623 :Representative; CONr kCTOR s,,,, ,,, ,, ,,,,,,, C 21 Samples -- definition of ................................:..: ................ 1134 general .....I.. -;:. ...... ........: 624-6.28 Review,by CONTRACTOR . 625 Review by ENGINTEFR ......... ..........f 26, 6-27 aclatcd Wort ........................ ........ ....6.28. submittal of .............................. :. . ,. 6.24,2 submittal procedures, ............ .. ....... ........625 Schedule of progress„ „ ............. ,2.6, 2 8-2.9, 6.6, ....... ... ..G 29 10.4, 15.2.1 -Schedule of Shoji Drawing and Sample 'Submittals_2.6,2:5;2:9,i6.24-6:28 Schedule of �ialu�s ..... . . .... ..._..--. . -2 b; 2 8-2:9, 14,1 .Adherence to.., .... ..............:..:::..:....15.2.1 .Adjustmg ........... 6.6 ,Change of Contract Ttmcs................................. 10.4 InitiallyAceepcablc ,, 2.S,2.9 preliminary ...................... ........................>2.6 'Scope of Changes ............................ .......... 10.3-t0.4 Subsurface Conditions .......... ....... Shop Drawings= - and Samples, general:........................:...-,,6.24-6:28 ,Change Orders S t\pplicatioris For Pavmcnts; and ...........- _.I...._ ...9.7-9.9 .definition of .................. . ....... ........ WGINEFR's approval of ......................... ENGINLDR's responsibility for rev icy-,,,_ ...................... ...... .:9 7, 6.24-6 28 related Work ........ ............................. ....:........... 6 29 review procedures ....... :................. ...... 2: F>;G.24-G28 Article or Paragraph 'Number .. submittal required ..............;, ................. 6.24.1 �SiibmittadProcedures.....:. .....:... .:......:.625 use to approve substitutions 6.713 Shown or'Indibated .....-,,,, , .........................:4:3;1 -. ,-..- Site.Access ess .:........ ...............................7 2, 13.2 "Site Cleanliness 0.17 Site, Visits ter- - - by ENGINEER - ....... ........ .... 9:2. 13.2 byothers .:... ..:....:. .:..:.: .. ....::...132 special causes of loss" policy form, insurance .... 6.2 definition oC..,....:................,...,...............:1.36 Specifications-- definition of ..., .......,.1-36 of Tcchnical Societies, reference to. ... - 3 3.1 precedence.. _"............. .::..:. ......:i .3;3 )n Defpre .....2�5=2.5 ?'4 by CONTRACTOR :.......- .... ::.:. > :;15:5 byOlWR, - ......... .Storage of materials and equipment ....... _. , „....4 1, 7.2 Structural Loading, Safely,,,;; ........ „-.._. ,;.;6.18. Subcontractor- Con cern i ng...............:..............:.... ...... dcfinition of. .... — ............................ .........a.37 dclays ..... 12:3 waiver of rights.. ....... ................. I I Subcontract urs--in general„-,,,6:5-6.11 Subcontracts --required provislons „ 15.11. 6a L 11:4:3 Submittals-- n l cations for'Pa menc 142 Maintenance and pperation Manuals ..14 Proceilur ea... c.:6.25 Progress Schedules. ......................... ........ :2 6.19 Samples.......... ._,,,,6?4 6.28 Schedule of Values 2 6, l4.1 Schedule of Shop Drawings and S'iniOcs . Submissions ........................: ...2.6, 2.8?2:9 .Shop Drawings .......... ...—.......... ....6:?4-6.28 Substunlial Completion-- certiGcatton ot'. ........ .......6 30 2.3: MiS-14.9 definition of;,,,,;,,,,,,,,,,,,; .-1.38 Substitute Constnlction Meihods or Procedures ......,-6:7.2 Substitutes and"Or Equal" Items ......... 6:7 CONTR-4CTOR's Expense, ,,,,:,.. (.7.1.3 EN ilw}isR's'Evaluation .; :-,-6.7:3 "Ur l;,qual':.. ...:.:.... ..,6,7;.1:1 .... . Substitute Construction Methods FJCIXI OLNERAL CONDI770N'S 1910,-8 (1990 LDFIIOM WICITY OF.. FORT COLLINS MODIFICA11 O\M'(PLF,V 9t99) Article or Paragraph Ntimber or Proceduies..................................:............:6.7.2 Substitute Items 66 7.1.2 Subsurface and Phys16k onditons'- Drarvings of. in or relathg to,,,,,;,,,,,,,,,;,,,,,,, 4.2. 1;2 EN16INELR's Review ........:.............. ........ . 4.2.4 general;: ... .................. ......... - :....::.;4.2 Limited Reliance by CONTRACTOR Authorized .. , .,.., ,.__ ......... ,.._;4:2.2 - - Notice of Differing Subsurface or Physical Conditions ........................ .......4.2.3 Physical Conditions .......................... ............ Possible;Contract Documents Change..............A2.5 Possible Price and Times Adjustments. .42.6 Reports and Drawings..._. - ,-,:................... 4.2.1 Subsur face and .......:.................................1.2 Subsurface Conditions at the Site ................... 4.2:1-.1 Technical Data ................... .............................4 2.2 Supervision-- CONTRACTOR's responsibility ... :................... :.:-0.1 OWNF:R'shall not .supervise ................................8.9 F.NGMER shall not supervcsl.......... :...... 9 2, 9,13.2 Superintendence...................................................... 6.2 Superintendent, CONTRACTOR's resident .......... - ... 16.2 Supplemental costs .......,,- ..,_,... .......11.4.5 Supplementary Conditions-- defin ition.of........ :............................................ 1;39 principal references to,,,,,, .....J.10, 1.18, 2.2; 2.7, .......... ,.42, 4.31 5.1, 5.3, 5:4, 5.6-5.9, ...,,,,,,,. 5.11, 6.8, 6.13, 7.4,:8.11. 9.3, 9.10 Supplementing Contract Documents ........................3.6 Supplier -- definition of.....................................................1.4o principal references to ... _....... 3.7;'6.5,.6.8-6.11, 6.20, ...... ........ ......... 6 24, 9.13, 14.12 'Waiver of Rights ............... ......... .......... ............. 6:11 .Surety -- consent to final payment ...._...........--1 4.12. 14.14 ENGINEF,R has no duty40......... .... ... -9.13 Notification of..................................10.1, 10.5115:2 qualification of ............................................ 5.4-5.3 Survival of Obligations ............................................ Suspend Work. OWNER 1\4uy ......... ....13.10;15.1 ,Suspension of Work and Termination-,,._.................15 CONTRACTOR May Stop Work orTerminate .. ........................ ..........,_.15,5 OWMiR MayS,uspcnd Work... ........... ............_.15.1 OW LATER lvlay Terminate ..... ................. ........ 15.2-1S.4 faxes -Ya}a» ent by CONTRACTOR......... 6.15 Technical -Data -- Limited Reliance by CONTRACTOR .................1.2.2 Possible Price, and Times Adjustments .... ......... :4.2:6 Reports of Differing Subsurface and Physical Conditions ..................................4.2:3 xiv Temporary construction 'facilities ....._„_..............__-. 4.1 Article or Paragraph Number Terni inmion=,- by,CONI'RACTOR ............................ 15.5 by OWNER ....................................... 5; 15 1-15A of ENGINEER's employment;.,,,,. ...I..........,,$2 Suspension of Work-in general ........ ... ........... .....15 Terms and Adjectives,,,,,; ,; ........ , 3.4 Tesis and Inspection's — Access to the Work; byothers,,,, , ,,;; ;,,,,,,, ,,,,,13.2 CONfRACfOK'sresponsiblities ....., 13.5 cost of',13.4 covering Work prior to., ............................ 13.6-13.7 Luws and Regulations (or)., ....... ............... ...... 13.5 Notice of Defects,...... ....... ...............13.1 ,OWNF.,R May Stop 14ork ....... ... _,13.10 :ORTT,R's"independent testing,,, - ...........:13.4 special, required by.'ENGINPER„................... _.9.6 timelynoticerequired ...................... ................13A Uncovering theWork, at ENGINEER's request .......::......:..................:.:.:..:......3.8;13:9 Times-- Adjusting . ................. .........:...:.: ....... :......... C,.6 -Change ot`Contract.,.., ....- ..........................,, ........12 Computation' of ...... ........:.............. .......... ..........17.2 Contract Times --definition of .... .. ..... .: .. 1.12 day.. ..... ...... . miIts[Dots...........................................................12 Requirements. appeals .::.-_.,, ................ 16 clarifications, claims and disputes ...............9.11, 112, 12 'Commencement ofContreci Times...............2.3 Preconsuuction Conference ............................11.8 schedules....,...................................:2.6,2:'9; 6.6 Starting the Wort _ :-....... ........ :. .......2A Title; Warranty of ................................................. 14.3 Uncovering Work ......................... 13.8-119 Underground Facilities, Physical Condiiions— detmition of :....:... ......... -.... 1 41 Not-Shotvn orIndicated.,,._............................:4.3.2 'protection d ............................. ............ .... 4.3,620 Shottn or Indicated ...................... ...... ... ......... :.4.3; I Unit Price Work-- - - claims............................ :............................ 1.1.9.3 definition of ......................... ...............1.42 ,generall l 9 •14 1,.14:5 Unit Prices -- general l 1.3.1 Determination for ............ ;9:10 Use of Premises ;....I... .....6 16,,6 IS, 6.30.2.4 utility owners ... 6.13, G 20, 7.14.3, 13.2 Utilization, Partial.-_ ......... :..._I.28, 5.15, 6.30.2.4. 14.10 Value of the Work - .... .: ......... .:....:.... .:.......... ......11.3 Values, Schedule of.- ................... . ..0.6, 2:8-2.9; 14.1 E1GUC GENERAL CONDITIONS 1910;8 (1990 LINTION) Wt Ct TY OF FORT .B'OI.I:INS MODIFICATIONS (REV 9199) is • 0 O Variations in Work --Minor Authorized ... ......... :­.: .................. 6.25, 6.27, 9.5 Article or Ftiral;raph Number Visits to Site --by ENGINEER:.........._ ............ .......... 9.2 Waiver of Claims --on Final payment,_,,,.,.,..._..,,.,, 14.15 Waivcr of Rights by insured jyartics ................. 5.11,6.11 Warranty and Guarantee, General- by CONTRACTOR "" - ..... .. . * ... ........ 6.30 Warranty of Title, CONTRACTORS...; ............. ::14.3 Work-- Acccss to...,.; ....................... .... ... ........... 1.3.2 byothers ............................................................... 7 Chanues in the ...................... .......... ................... 110 Continuing the_ ...... ..... 6.29 CONTRACTOR May. Stop Work or Terminate ................... :1. Coordination of Cost of the definition of 1.43 neglected by CONTRACTOR 1, 3.14 other Work 7 01VINTM May stop Work ........ �: .................... _ 13. 10 OWNER May Suspend Work ................... 13.10, 15.1 Related, Workai Site .............................. .. __.. 7.1-713 Starting the_: ...................... ..'. I ...... ... :.. I ..... .._...�_2.4 Stopping by, CONTRACTOR ............................. 15. - 5 Stopping �, OWNER...; ........................ i .... IS 1- 15.4 Variation and deviation authorized. Minor ........... 3.6 Work Change Directive -- claims pursuant to ........................................ .................*............... . 10.2 definition of 1.44 principal references to., ....... ........ 3.5.3,'l 0. 1- 10, 2 Written Amendment -- definition of...- 1.45 principal references tq ..............1.10, 3.5, 5.10,15.12, ..................... :..k.6.2, 6.8:2; 6,19, 10.1, 10.4,. I * L2, 12.1, 13.12.2, 14,7.2 Written Clarifications and Interpretations ... :: ........ ... ...... 9.4, 9.11 XV'ritten Notice I cc Required byCONTRACTOR ................... ......... 7-1, 9.10-9.11, ........................ 10.4. 11.21; 12.1 by OWNER ..... ............... 9,10-9.11, 10A, 11 .2, 13-14 Xv LJCDCGENIMPLI, CONDITIONS 1910-8 (1990 EDITION) Nv/dITY OF FORT COLUNSMODIFICATIONS (REV 9199) (This page left blank intentionally) j L1CDC GEN ALAL CONDITIONS 1910,3 (1990 EDITION) w/ CITY OF FORT.COT,I.W MODIFICATIONS (REV 9199) • 0 0 • GENERAL CONDITIONS. swine are morn specifically "identified in • ARTICLE 1-DEFINITION'S Wherever used in ihese General.Conditions ocin the other Contract Documents the following terms have the meariings indicated 'Which'are applicable to both the singulttr and plural thereof: L.1. Addenda -Written or graphic insiniments issued prior to, the opening of Bids which clarify..correct,.or change the Bidding hequiiemenis or the Contract Documents. 1.2. Ag;,eenietn-'I'he'virittcn contract hciwccii OWNER and CONTRACTOR covering- the Work to be, performed: other ;Contract Documerim are attache&to thc,Agreemcni and made a. part thereof as prof ided therein: 1:3. Application_ fa' Yavntent—Thd form' acccptod by ENGINEER Which is to be .used by CONI'RACIY R in requesting progress of final payments and which is to he accompanied by such supporting documentation.- as is required by the Contract Documents. 1.4. Asbestos--Anv material that contains more'than one percent asbestos antlis friablc'or'isreleasing asbestos fibers into the air above current action levels established hy, the United ,States Occupational Safcty ,arid " Health Administration. - - 1:5. Bid-Thc offer or proposal of ihc.bidder submitted on ihe,piesciibed forni setting forth the prices,Yor.the Work to be performed. 1.6. Bidding Doginirenls—The, advertiwinent or invitaiion'toBid instructions to bidders, the Bid.form, and the proposed Cattract,l)ocuments'(including all Addenda issued prior to receipt of Bids). LT Bidding. Requirements --The -advertisement :or invitation to Bid, it s ctions io bidders, and the Bid form. L8. Bonds -Performance and Pavntent bonds,and other ..instruments of security. 1.9. Change Ord¢r-A document recommended by ENGINIM-R, Which is signed by ,CONTRACTOR and OWNER and authorizes an addition. deletion or revision in the Work or an adjustment in'the Conuaci Price -or. the 'Contract Tines, issued on or after the Effective Date of the Agreement 1.10. Contract Documents —I The.. Agreement, Addenda (which pertain to the Contract Documents),, CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation Isubmitted _prior to the Notice of Award) when attached as. an exhibit to the Agreement, the.Noticc to Piocce-d; the Bonds, these General Comiiions; the. Supplementary Conditions, the Specifications and the Drawings as the FJCUC: Gl:N6-RAL CONUil]ONS 1910.5 (1990 trbiim) at CITY Ol; FORT CO1.W NS MOD117CATIONS tlt--v420oo) is and drawings referred to in paragraphs 4 2.1 and are not Contract Documents. 1.11. Contruct Price —The moneys,. payable by Ok17)THR io CONTTRACTORfor completion of the Work in:accordaince with4he.Conimct Documents as'stated in the. Agreement (subject to the provisions or paragraph I I J.1 in the case. of Unit Prce'.Work), 1 12. Conhui7 ,Times —The,' numbers of days or the dates stated in the; Agreement -_(i) to achieve Sulrtantial Completion, and'(ii)to complete"the Work so that it is ready for final payment as evidenced by FiN41NEPR's Written recommendation of final payment in'aceordance With paragraph 14.13. 1 13. C0M172AC."T0!2--The person, firm or corporation with Whom 01UNER has entered into the Agreement n adjective Which when modifying to Work that is unsatisftetory,:faulty it does not conform :to the Contract i not aice(the requirenients of any gat Subs6niial Completion in accordnncchvidi 14.8 or14.10) 1.15. Draiiings-The dmwiitgs which show the "scope; extent and character of the; Work to be furnished .aid perftumed by CONTRACTOR and which have beet, prepared_or approved by ENGINEER aiid are referred; to in the -.Contract ,Documents. Shop ,drawings are not Drawings as seidefined 1,16. Effective. Dare of the Agreement —The date indicated in die Agreement on Which it becomes effective, bueif no such date is'indicated'itmeins.the (Lite on which the Agreement'is sibmed and delivered by the last of the, two parties to si&rand deliver. I!17. ENGINEER41ie person,. firm or corporation named as such in the Agreement. 1.18: ENGhNEER's Consultant --A ;person :firm , or corporation haying a eonuact wwith ENGINEER to furnish serytces U.S. LNGEERs independent professional assnccite or consultant with respect to the project aril Who is identified as such in IlieSupplementary Conditions: 1:19. Field Orzlar-A written order issued by ENGINEER which'otders minor cliangesirn the Work in accordance With paragraph-9.5''but which does not involve a change in the Contract Price or the ContractTimes. 1:2U. Genie itl Rdquiretiiwits-Sect ohs of L>iv aeon l of 1954 (4� USC Section 3C111 et seq.) as amended from • the Specificatiom. time to time. 1.21. Harartlous Masle-The term hazardous Waste shall have themeaning provided in Section 1004 of'the Solid Waste Disposal Act (42 USC Section 6903)'as amended from time to time. 1.22.a.. Laws and Regulations;. Laws or Regulalibns--Any and all applicable lint s, rides, regulations, ordinances codes and heelers oC any and all govemmrntal bodies, agencies, authorities and courts having jurisifidiori. 1.22.b. Legal Ilolida s--shall be: those holidays observed by the City. of Fort Collins. 123. Liens -Liens, `charges, security interests or encumbrances upon real property or personal propert).. 1.24. Milestone --A principal even, speci(icd in the Contract Documents relating tu'an intermediate completion date or time' prior to Suhstantial Completion of all the Work. 1.25. Notice 9%Award A written notice.by OWNER. to .the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions ;precedent enumerated:thercin,, within the time specified,. OWNER will sign and deliver the Agreement. 1.26. Notice, to. Proceed -A written notice given by OWNER to CONE RAcrm (with a'copy to ENGINEER) fi chig the date on which the Contract Times will commence to run and on which; CONTRACTOR.shall start ,to pcfforin CONTRACTOR'S obligations under the Contract Documents. 1.27, QIINER-The public body or authority, corporation aawciatkin, firm or perscm with whom CONTRACTOR has entered into the Agrccincitt and for whom the Work is to be provided. 1,28, Partial Utilisation -Use' by_ OXdWM of a sul-.stantially completed partof the Work ror`the purpose for which it, is intended (or a related purpose) prior •to Substai tial Completion of all the Work 1 29. PCBs —Polychlorinated biphenyls. 130Paroleinr--Petroleum, including crude oil or any 'fraction thereof which'is liquid at standtrd c6ndih6ns70f 'temperature and ,pressure (60 degrees Fahrenheit and. 14.7 pounds per square inch absolute), '.such as oil, petroleum, fue_I oil. oil sludge. oil refuse, gasoline, kerosene and oil mixed with other non-Ilazardous_Wastes and chicle V115 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may, be the whole, or a 'part as indicated elsewhere in 4e Contract Documents. 1.32.a. Rud outlive AIalerial-Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of E1CDC GbNTFAL CONDITIONS 1910-8 (1990 tditim) wi CiTY OF FORT COLD NS NioD1I1CAvdNs (REV 4R000y 132.b. Regular lAOAIne.Hours--Regular workint, hours are defined as TOO= to 6:00om unless othen6se .sp-ecified in the General Requirements. 133. Resident t'roject Representatide—The. authorized representative of ENGINEER who may be assigned to the "site or any part thereof. 1.34. Scunples—Physical examples of materials, equipment, •or 'workmanship that are representative of some portion of the 'Work and which establish the standards by which such portion of the Work will be ,judged 1.>5. .Shop Utaiiings--All drawings; diagrams, illustrations, -schedules ' and other data or information which are specifically prepared or assembled by or for CO?NrfRACTOR :arid submitted by coNKRACTOR to iIIustrote some portion of the Work. 1:36. .Specifications —Those portions of the 'Contract l5gcuments consisting of written technical descriptions of materials, equipment, construction systems„ standards and workmanship as applied io the Work and certain administrative details applicable thereto. 1.37. :Subcontractor --An individual, firm or corporation having a direct contract with CONTRACTOK or with any other Subcontractor 'fbr,thc performanec'iif a part of the Work at the site. Substantial Coipletion--The Work (or a I part thereof) has progressed to the point where, opinion. "of FNGINEER as, cvidenc2d by •ER's definitive ccertlficete of Substantial son it is sufficiently complete. in accordance with tract Documents, so that the Work (or specified it be utilized for the purposes `for which it :is I; or -if no such certificate is issued, when the s- complete .and ready for fuiat payment as A by FNGINF.F.R's written recommendation of ynient in accordance with paragraph 14.11 the "substantially cgmpleic" and "substantially. :d" as applied to all or part of the Work refer to ial Completion thereof. 139. Supp(ententan. Conditions —The part .of' ;the Contract Doeuments`which amends or'supplements these General Conditions. 1.40. Srryplier-A manufacturer, fabricator..supplier. distributor, materialman or vendor having i :direct contract it•ith CONTRACTOR or "with any. Subcontractor 'to furnisli materials 6r,ecluipm6t'tb be incorporated in the Work by CONTRACTOR or any Subcontractor. IAA .gndergipivid l,aciliiies—All pipelines, conduits, ducts, cables, trues, marrboles, faults, tanks; tunnels or other sucHIacilitics or attachnicnts, and any encacenrerits containing such, facilities which' have ]Seen installed underground to furnish anv of the following services or 0 r-91 U • 0 SECTION 00500 AGREEMENTFORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed materials: ;electricity, gases, steam, liquid petroleum products, telephone or other communications, cable 'television sewage and drainage removal, tralFc or other ,control _systems orwater. ' 1.42. thtit PWe JVMa Wgirk to he paid ter on the Basis of unit prices. 1.43. 1C'orP--The :entire completed construction or the various separately identifiable parts thereot'required to. be furnished under the Contract Documents Work includes and is the, result oC performing orm_ Cushins labor and furnishing' and mco �niating mnterinIs and equipment into the construction and perfom utg or furnishing services and furnisshing documents, all as "required by the Contract Documents, 1.44: 116& C-irange 1)imctive-A. written directive to CONIRAG'I'OR, issued an or alter the Effective Date of the Agreement and signed,hy OWNER and recommended, by ENGINEER- ordering an addition, deletion or revision in the Work,or responding to ditfermg or unforese_eo physical conditions under ,which the Work is to he .performed as provided :in paragraph 4.2 or "4.3 or to emergencies under paragraph 6:23. - A Work Change Directive will not change the Contract Price or the Contract Timwg but 'is, evidence that the parties c,,*i, that the change directed or documented :lip a Work Clhinge Directive will 'be incorporated "in a subsequently issued CharigeOrder following negotiations by the parties as to its effect; if any, on the CSmtract Price or:Contract-Times as provided in paragraph i0.2. 1.45. WnMn Amendment -A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after:the Effective Date of die . Agrccm:ot and normally dealing with the nomrijinecripg or nontechnical rather than stricily construction -related �aapec&of the Contract Documents. ARTICLE 2-PRL• LIRr 1Ir\ARY MATTERS' Delivery pf Bmids 11, When CONTRACTOR delivers the executed Agreements. to OWNER, CONTRACTOR .shall also 'deliver to 01vNER such Bonds as.CONTR\CTOR may be regciuctl to furnish in accordance with pamgaph 5.1. 'Copies ofDomments:• 2.2.. O\1Nt R shall furnish to CONTRACTOR, up, to ten copies (umess otherwise speu6ed in the Supplementary Conditions) of the Cciniract Documents as are reasonably necessary for the execution of the Work: Additional copies will be furnished,• upon request, at the cost ofreproduction. Commencement of Contract Times; Notice to Proceed 2.3. The Contract Times will commence to run on the, thirtieth day after the Effective DateoftheAgreement;. or, EJCDC GENERAL (VNDYII6NS 1910-8 t090 Editim) wJ CITY Ol; fOiT COI.I-INS MOD117CAT16NS (kEv 9!!UW) 0 if a Notice'to Proceed is given; on the day indicated in the Notice to Proceed. A Notice,to Proceed mav,be given at any time within thirty day's after the•Effiet; a Date of the Agreement 'in fie nvcmi wilt=il4_%- k — Tim seaanen ra ake Nih- d iv t her ihu tla} of-Bid•openiiig•or-the thntiathday-after-thz-F;iTecuve Date oGihe-Aarerniertt-whichzver-dateis earlier: Stalling the Work 2A. CONTRACTOR shall startto, perform theWtirk on the date iihen`the Contrrct Times coimnerxe to run, bur no Work %Ball he done atthe site prior to the date on which the CoritracCTimes commence to run. (iefore Starting C'mistruction: 2.5: Hcfore undertaking- each part of the ' Work; CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and Al applicable field measurements CONTRACTOR shrill piomptly'repbrt in writing to FNGINFFR:any conflict,-ermr, ambiguity or shall obtain a %tnttcn interpretation or clarification from FNI GiNFER .beforc proceeding with any Woe affected the�chy�hnwcvcr;:C:;ONI'RAG'f,OR shall not be fiahic to M.FNFR or FNGIEER for failure to rcfiort ally conflict, error, ;ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. - 2.6; Within ten.days after the Effective Date of the ,agreement (unless ,ofhcrvvise.,specified in the General RcquircnieniA), CONTRACTOR shall submit " to ENGINEERfor review; 2.6.1. a preliminary' progress schedule indicating 'the. times (numbers of days or dates) for starting tint completing the various stages of thc.lyork, including any Milestones specified tit the Contract Docuineitts: 16Z apreluiimary, schedule of Shop Dmtving and Simple submittals which }will ' list �cach required submittal and the timesCor submitting, reviewing and ji'rocxssing such submittal; 2.621.. .In nocase will a schedule be acceptable which -allows less than 21 calendar days for each review by Engineer 2.6.3. A preliminary schedule of values for all of the Work which" will include quantities and prices of items aggrega ing the Contract Rice and will subdivide the Work into component Parts insuIDcient detail to serve: as the basis for progress piiyznenis during,construcimn. Such pries will include an appropriate amount of overhead and profit applicable to each item; of.Work. 2.7. Before any Work at the site is sta iccL CONERAG OR iitt"WM4 shall eiteh deliver to the other Ol\R�rl'sR vith copies to each ehli.- -s aed identified-in-tlie-Supplementary ;enditiiins ENGINKEIZ, certifieates',bf insurance (and other evidence of insurance reasemab}y, request , requested by OWNER) which CONTRACTOR ring : is required to purchase 'and maintain in ,accordance with paragraphs 5.4, 5 64nd ?:7. Preconstruction Conference: 2.5, }Within twenty days after the Contract Times start to run, but before any Workat the site is started, aeonference. attended by CONTRACTOR ENGINEER and others'as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss, the schedules referred to in paragraph-.2.6, procedures fqr handling Shop Drawings and other submittals proc6iinc Applications for Payment and maintaining required records. IniriaL(j,Aeceprable Schedules: a O and otherwise provided in and to I OR until the SCOCOUIes are to f;-NGINEF.R as provid, ,progress schedule will be acceptable to I:NUINNbK as providing an orderly progression of the Work to completion within 'any specified -Milestones and the ContractTirnes but such acceptance will neither impose;on ENGINEER responsibility for the:seyuencing, scheduling bi-progress of the Work nor 'mterfem with or' relieve CONTRACTOR from CONTRACTOR's full g and Sample submissions will be acceptable iR.a% providing a workable arrangement for and processing •the required submittals 'OR's whedule;of values \till be acceptable to as io form andiubstance. ARTICLE 3-CONMACT DOCUME%4TS: WfENT, AMENDING, REUSE Intent: 3.1, The Contract Documents comprise .the entire agreement between MINI R and CONTRACTOR concerrung the Work. :The Contract Documents are complementary; what is called for by one is as bind ng"as if called for by all. The (Contract. Documents will be construed in accordance with 'thc -law of the place of the Project. 3.2. It is the intent of the Contract .Documents to FJCOC Oh"i�'ERAL CO,'VDITIOit51910-it {199U �dilim), nl CITY OF FORT COLLI N'5 AIODa'lCAT10;dS (ItEV 4P-000) describe functionally complete Project (or part thereof) to be constructed in accordance *with the Contritet Documents: Any; Work, materials or equipment,thal may reasom bly be inferred .from the Contract Documents or from prrt ailing custom or Imde'usage as being required to produce the rote ided result will be furnished 'and performed whether or not specifically called for. When words or phmses which have a well-known technical or construction industry or trade meamr5 are used to describe Work; materials or equipment; such words or phrases shall be 'interpreted In accoidarice with that meaning Clarifications and inlerpretatioris of the Contract Documents shall be issued by ENGINEER m provided in paragraph 9.4. 3.3; Reference to STandardv,and .7pecrjeca✓ions of Technical Societies Reporting and Reiolridg Divcrejwdciev: 3.3.1. Reference to standards, specifications, manuals oroodes of any techiiicnl society, organization or associatiim, or to the or Regtilatiorns of an}° govcmmental:authodiy,_:whether such reference be specific or by. implication, shall .mean the latest standard, specification, manual, code or Lairs or Regulations in effect at the time of opening of Bids (or, on the Effective Dhtc'of the Agreement if there were no Bids), e�0.pi as may be otherwise specifically stated in the Contract Documents. 3.3.1 if, during .the.perfcimianlce of the Work; CONTRACTOR discovers an), conflict, error ambiguityor discrepmngy within the ,Contract Documents or between the Contract Documents and any provision of any such Law or ;Regulation applicable to the performance of the Work or of any such standard specification, manual or code or Of any instruction of any Supplier referred to in pamgraph'6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency.as.authonized by para&aaph6.23),until an amendmenGor supplement to the.Contract Documents has been issued by ono of the methods indicated in paragraph3.5 or 3.6; provided however, that 'CONTRACTOR shall not be fiable to OWNER or ENGINEER for failure to refit any such conflict; error, ambiguity or. discrepancy unless CONTRACTOR knew :or reasonably should have known thereof. 3.3.3. Except as otherwise specifically staled in the Contract Documents or as may be provided by amendment or supplement thereto'rssued byone of the methods indicated in_ paragraph 3,5 or 3.6, the provisions- of the Contract Documents shall lake precedence in resolving. any-corithcl, error.,ambiguity or discrepancy behveen:the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, specification, niamt al; code or instruction(tvhcthcr or not specifically incorporated by reference in the Comrnct bocuments); or 0 CI • U 3,3.3,2, the provisionsof any such Laws or Regulationi s applicable o the performance of the Work (unless such an , interpretation of the .provisions of the Contract Documents would result 'in violation of such -Law or Rego atiun).: No provision ofan}' such standard, specification, manual, code or instiu6iion shall be effective to,`changc the duties and responsibilities of 'C)wNFR C61,NRACTOR or FNGINFER, or any of their subcontractors, cpnsduolts, agents or employees from those. set: forth,.in the Contract Document% nor.shall it he eftective to assign to O%%rNFR, FNGINtFR ormty.ofENGINFF.R's ConSUItmiLs,=agents or employccs any duty or. authorty -to supervise ordirccr the fumisl»ng or performance of the Work or:any duty or authority to undertake, responsibility, inc6nsistent_6th the porovisions of paragraph 9,13 or any other provision of the Cntract Documents 3.4. Whenever in the Contract Documents the terms "os ordered", "as directed", "as rcquired"; "as allowed', "as approved°-ortermsof like effect or import are used, or the adjectives "reasonat? % "suitable'. "acceptable", "proper". -or satisfactory•" of,adjectives.of like effect or import arc. used to describe a requirement, 'direction review 'or judtmlent of LTTUNEER-as to the Wort„ It is intended that such requirement, direction, review or judgment will be solely to e6aluate, in,general, ;the completed Work for compliance with the requirements of and nfomtation In the tatement indicating ,otherwise). The use of or adjective shall not be 2tfective to assign to. ny duty or authority to supervise or directthe performance of the Work or zany duty or undertake responsibility contrary to the raramc,h 9.13 or am' other orovlsionof the Arnendingand SupplementingContract Documents 3:5. The, Contract Documents may be amencled to provide far additions,. deletions and revisions in the Work or to modify the terns and conditions thereof in one or more of the following ways: 3:5.1. :a formal Written Am endlnenl, 3.5 2. a Change Order (puisuant to paragraph 10.4). ,or E CM GENERAL C'ONIJITIONS 1910-5 (1990 Ulm) W?c71TY OP GORT 66LLJ &.s N106iFICXnONS (R'LV 4r2000). 3,53. a Work Change Directive (pursuant ,to paragraph 10.1). - 3:6. In addition the. requirements of the Contract Documents may The supplemented, and minor variations and deviations in the Work nia, he nuthoriied, in one or more of the following ways: 3.6: L A Field Order (pursuant to paragraph''J:5), 3.622. LTIGIMEER's approval of a Shop Drawirig or Sample (pursuant to paragraphs 6.26 and 6.27). or 3.63. ENGINEER's written interpretation or clnnfication (pursuant to paragraph 9.4). Rruse gfDocunrents. ARTICLE 4-AVAILABILITY OF LANDS; StALSURFARE ,AND PHYSICAL CONDITIONS; REFERENCE POINTS Araihibil 6, ofLantb._ 4:1; OWNER shall htnush, as'nidicated in the Contract Documents, the lands upon which the Work -is to be performed, righf"l-way and easements :for 'access -nt structures or permanent changes in existing will be obtained anal j and for by OWNER; unless x provided in the 'Contract Documents. 'If ACTOR and OWNER are unable to agree on ent to or the amount 'or extent of any adjustments ontractlkice or the Contract Times as a resulfof y in'OWNFR's furnishing these tamds, rights -of - easements. CONTRACTOR may make'a-:claim as provided in Ariiefes l l and.12. ,5 CONTRACTOR shall piovide for all additional lands ',and access thereto that may be required for temporary construction facilities or storage of materials and .equipment. 4..3. Subsurface and Pity ical Canitltions All, Reporls and Drmjings: Reference`is made to the Supplementary Conditions for identification of. 4 2.1.1. Sghm.trface Conth ions: Those reports of explorations raid tests of subsurface conditions at or connguous to the sitethat have bean utiliied by ENGINEER in preparing the Contract Documents: and `4.2.12. 'Plivskal ,Conditions. Those drawings' of physical conditions'in nr relating to existing surface` 'or subsurface structures at or contiguous to the Site (except_ Underground Facilities) that have been, ut tried by EI\tGIN MER in preparing the Contract Documens. 4.21 Limited 'Reliance by (:0,\rIR4C70J? ;Aulhotized: Teelvrieal Data: CON-1 RACTOR may rely -upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not 'Contmci Documents. Such'"technical data" is identified in ihe.Supplementary Conditions. Except for such reliance on such "technical drta°,:CON I RAC'fOR may nol_rcly upon or make any, claim against OWNER, F.NGINP.HR or any of GNGINEER's Consultants with reslicct to: ,4:2 2-,l . the completcness of such dcporL% and drawings for :CONTRACCOR's purposes, including, but not limited to, any aspects of the means,methods, tcchhiyucg scqucncs and procedures of construction to be employed by CONTRACTOR. and safety precaulrcros anal progrann incident thereto, or 4222. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drayvings,,or 4.2.2.3. any CONTRACTOR interpretation of or conclusion dmtvn from any "technical:data" or am• such (tnla, interpretations, opinions or information. 4.2.3. Notice.:of Di_jfering Subsurface or Pltysicdl Conctitions: 1f..CONTRACTOR believes that any subsurface or physictd condition afar contiguous to the site� that is uncovered or revealed either: 4.2:3.1. is of such a nature "as.to establish that any %echnic l daattt"'ore which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.22 is materially inaccurate, or 4.13.2. is of such a nature as to require.a i hangc.in the Contract Documcnts, or 13.3. differs materially from that shown or EJCOC OE'NEAAI: COINUt110N5 I910-II (1990 tditimt wJ CITY OF I7ORT COLLI INS MODIFICATIONS M, V 42000) indicated in the.Contract Documents; or 4.2:3A. is of an unusual nature, and differs materially from conditions'ordinarily encountered and generally recVu .ed as inherent m wren:" of the character ' provided for in the Contract Documents; then ACTOR shall, .promptly immediately after connection therewith (except 'in an emergency as tarinittecl by pzrragralrh623j notif}' OWNER .and ENGINEER in writing about such condition. CONI'RACT.OR shall not furtherdisturb such,eonditioms or,perform any Work to bonncction thcrcuith (except as aforesaid) until receipt of writlori order to do`su. 4.2A. EAVINEER's Review:. FNGINEER will promptly review lhe,p>ertincni oonditions, determine the neces ity of OWNERS obtaining additional eaploiation'or tests with respect thereto and advise OWNER in untmg (ijcith a copy io CONTRAC7.OR) of h•NGINE Ms findings and conclusions. 4:2.5. Possible Contract noctunents Change: if ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of:the categories'in paragraph 4.2.3. a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect- and document the con sequences,of such change: 4.2.6. Possible Price Arid Tires adu.Vhients.- An equitable adjustment .in the Coritract'Price or in ,the Gordmc't Times, or both, will be allowed to the extent that the existence of `such'uncovered or, revealed cotidi_tion causes:rat increase or decrease -in CONTRACTOR's cost of, or time required for performance oc the Work; subject; however, to the following; 4.2.6.1. such condition must meet any one or more of . the categories described in partgraphs'4.2.3,1 through 4 2,3.4, inclusive, 4.2:6.2., it change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition prepedent'Ib entitlement to any smli,adjustment; 42.6.3. with respect tti Work that is'paitlfor on a -Unit price Basis. any adjusiinent in Contract Price will be subject; to the pro3isions, of paragraphs 9.10 and 11:9; and 4 2.6.3. CONTRACTOR shall not be entitled to army tidjustmeni -.in th"e�Conthict Price or'Tim(is if; 42:6.4.1. CONTRACTOR knew or the existence of such coed do is at the 'time CONTRACLOR made a final commitment to OWNER in respect of - Contract Price and Contract 'Times by.the • • E 0 9 submission �of a .bid or becomi ig bound under a negotiated contract; or 4.2-6.4.2. the existence ;of such condition could reascoiibly have been discovered or revealed s' a result. of 'any examination, investigation,, zti�plorafon,, test or study of the site mid contiguous areas, requ red by the Didtfing Requirements or Contract Documents to be conducted by or for CONTRACTOR prior 42.6:4.3. CONTRAGl'OR failed to givethe written notice wiihin'the time•find as required by paragraph 4.2.3. If OWNER. and CONTRACTOR are unable to agree.on, entidement to or -as to the amount or length of,any such, equitable adjustment in the Contract Price or Contract Times, a claim • ma}'be;_ made therelor as.. provided" .ink Articles and12. 'Hoivcve-r,.O1VN.k,ENGINEER and I':NGINEER's_ :Consultants , shall not be . liable to CONTRACTOR for any, claims, ccAL.;, losses or damagcs� sustained by'CONTRACTOR on grin connection with any 4.3. Physical Conditions--fnderground Facilities 43.1, .Shown orht&cate& The information and data shown or indicated in the Contract Documents"kvith respect to crosting Underground Facilities 'at or contiguous to the site is based on-infomiation and data furnishcd,to OWNER or FNGfNF,ERby the owners of such Underground Facilities or by others Unless it is ,othierwise expressly provided in -the Supplementary Conditions: 4:3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such inforrmtion or data; and 4'3.1.1 The cost of all of the following will be. included in the C<ortuact Price "Ind CONTRACTOR shall have T611 "responsibility ,for (i) reviewing acid checking all such information and data" fiil locative protection of all .such Underground Facilities, it provided. in -pama mph 6.2,0 -an' d repairvy; 'tin) damage thereto resulting from the Work: 4.3.2. Not Shoun or bidicoted: MainUndergrouni Facility is uncovcred'or revealed at, or contiguous ti the site which was not shown or indicated in tht performing any Work in connection therewith (deep in an emergency as required by ,paiagraph6.23; idenufy.the owner of such Underground Facility ant FscuccEiiRA,(.-om non 191" ilriv Bdltiw) w! Li ry OP PORT CO1_1,6S MDUtflCAT10:VS (REV 412000) 'give written r ENGrnT-ER. is required: a Wdrk.Chartae Directive or a to, reflect and document so notshown or<,mdicatcd in the, Contract Documents and that CONTRACTOR`ilid not know of and could not reasonably have been expected to be aware, of or h of,miy such. adjustment in Contract Price or Tact `I•iines, CONTRACTOR may make a claim for is provided in Articles 1 I and 12 However, QER, FNGINF.F.Rand ENGINEER's athants shall not be liable to CONTRAGTOR'for claims, costs, losses ix damages, incurred or ined by CONTRACTOR on .or in connection Beference Mitts 4.4. OWNER shall provide engineering,starvcys to establish reference, points for construction which in TNGINGER's judgment are necessary to triable CONTRACTOR to proceed ,with the Work. CONTRACTOR, shall be responsible for'layaig`outhhe shall report to L•NGINEER whenever any. reference point is%lost of destroyed or requires relocation because of necessary chariges' in gmdcs or locations., -and shall tic responsible for"the accurate replacement or rel=iion'of such reference points by professionally qualified personnel. 4.5. Asiiestus; PCBs, Petroleum, Ilazardqus Wwae or Radioactive Material: 4;5a: _ OWNER' shall be responsible for any Asbestos, PCBs, Petroleum, 1davardous Waste or Radioactive Materialuncoveredor revealed at the site which was not'shown .or indicated -in Dmwmrs or erficntioru' or idcfitSecl 'in theo Contnicl uments ttube within the s ope of the Work Anil which may present a'.s6bstantial clanger to persons or CON I RAC I OR, :Subcontractors, . Suppliers or. anyone else for whom CONTRACTOR is responsible. 7 4:5:�-CO?V-TR�1(;TOR sFinll•iniinedletaly={i)�stop al] i'Ved.hsuoh a --- not intericled-te-e �P-'rciFnleumt; Ha;53Fdeus-Vesta-er=RmtLwc ic�MuteF�al-arwevered. or-revwaled-nttha .^aF& EJCDC GE'NII(AL CONDI110NS 1910-8 (1990 Edition) ed CITY OFFORT CDLLI NS MODIFICATIONS tREV4R000y ARTICLE 5--BONDS AND iNSUFWNCE • Performance. Pgrniegt,and OdierBonds 5.1. CONTRACTOR.shall fiuniish Performance and Pavment Bonds, each in an amount it least equal to the Contract Price as security for the faithful performance and payment of'all CON'IRAC'TOR's obligations under the Conilni it Documents. These Bonds shall reinain in effect at least until rime vear,artei the, date when final payment becomes due,esczpl as.provided-otherwise by Laws or Regulations or by ihe, Contract Documents. CONTRACTOR shall also furnish such ;other Bonds as are rcquircd h}' the Supplementary C'ottditions. All Bonds shale be in the,rorm prescribed by t}ie'Contnict Documents except as provided otherwiseIby Laws or Regulation-, and shall be executed by such sureties as are named in the current list. of "Companies. Holding Certificates. of Authority as, Acceptable Sureties on Federal Bonds and as acceptable Reinsuring Companies"� as Published in Circuln:)7Q<(aniended) by the Audit Staff, Ri reau of Government Financial' 'Operations, U.S.-Treasury Department. All 'Bonds signed by- an agent must he accompanied by a certified copy of suchagent's authority to act. 5.2. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminatedinany statc'wherc an)- part of the Project is located or it ceases to meet the requirementsbf paragraph 5.1,'CONTRt\CTOR shall within ten days; thercafter,sub5titutc another Bond and surety, both of which mast be acceptable to OVdi`TER. 5.3. Licensed Sureriev and Insurem; Certifmt Ies of Insurance: 5.3.1. NI Bonds and insurance required by .the Contact Documents to be purclunsed and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance comparues that are duly licensed or authorimd in thejunsdiction in which the Project is located to issue Bonds'or insurance policies for the limits find coverages so required. Such _surety and ,insurance, companies shall also meet such additioiiil requirements and qualifications as may be pio6ded in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER, with oopies to each additional insured identified in the Supplementary Conditions; cenifcates of insurance (and other evidence of insurance , requested by ONNINERor any other iidditional'insuued) which CONTRACTOR is required to purchase and maintain in a=i dance with•paragraph 5.4. OWNER -shall 0 0 0 CONTRACTOR's Liabilit3! Insurance 5'.4. CONTRACTOR shall purchase and maintain such liability and,yther insurance as is.appropriate for.the Work beirm performed and furnished and as will provide protection Crom claims set forth below which may arise out of or result from ;CONTRAi,TOR's performance and furnishing :of the Work 'and CONTRACTOR's other obligations under the Cpgiract llocumrnts tyhether it is to Fie, performed or furnshed by CONTRACTOR ;any Subcontractor , or Supplier; of by anyone directly pr indirectly employed by any' of them to perfcrm or'.tumish any of the Work. or by. anyone for whose acts any of them 5.4:1. claims under workene compensationdisability benefits and other similar ciaployce bencfit acts; 5.4.2. :claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOWs employees;' 5.4.3. claims for-damnges because of bodily injury; sickness or disease; or death of any person other than CONTRACTOR's employees; 5'4:4-cla finis -for -damages -insured -by -customary 4 tom_ by 5.4.5. claims for damages, other than to the°.Work itself; because of injury to or destruction of tangible property wherever locaied; including loss of'usc. resulting therelronr,and 5.4.6. claims for damages because of bodily injury or death uf. ny person ,oIr prop i'ify damage arising out of the ownership, maintenance or use of any motor vehicle' The policies of insumnce,so required by this paragraph 5:4 `lo-be purchased and maintained shall: 5.4.7. with respect to insurance regiiireel by paragraphs 5.4.3through 5.4:6 inclusive land 5.4.9. include as additional insureds (subject 4o• any customary e=dusivit in respect of ,profe'ssio' nal liability); .OWNER ENGINEER: 'ENGINEER's Consultants and any other persons orentities identified in the Supplementary Conditions, all of whom shall be - listed as additional insureds, and induce coverage for the respective officers and employee's of all such. additional insureds; 5A.S. include the specific:ooveraps and be written for not less than the limits of liabiliin provided th'e Supplementary Conditioru;or required by 'Laws -'or Regulation, whichever is grcater, 5.4.9. include completedoperetions insurance; 6CDC OENERAL CONbInONS1910S(1'9UEdition) �ta yy or• r6RiT iou.tres hiotiiriCAnonis 46w IP-oao> 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations, under paragraphs 6 12;,6. t 6 and 6 31 J,hrul gh 6.33; 15.4.11. contain.a provision or endorsement -that the coverage eorllorded will not be cancelled, materially, changed renewal refused'Until m least,thirtv days' prior .written notice has been given to, OWN1 R and CONTRACTOR and each other additional insured identified in the Supplementary Conditions toivhom a i'ertificale of. insurance has been issued (imd `die certificates of insurance fumii."shed by 'the CONTRACTOR pursuant to paragraph 5.3.2 will so provide); 5.4.12. remain in effect at least until find pavrnent and at all times thcrcaftcr �vhcn (ONTRAC 1'OR'ma be correcting. removing or':replacing,defechve Work in accordance with paragraph 13.12j and of insurance has been `issiied cv'i to OWNER ;and env such : addi amfirivation of such insurance at Oft r'VER's;Liabilifyl isuragce. 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5A. OWNER, at OWNERS option„ may purchasc and maintain' at OWNE•Rs expense OWNER'S own habit ty.irtsuranoe as e•flPproted OWNER against claims whichinay.arise freer operations under the:Commct Documents; Property Insrrraace: S e)—Unless-otheFwise-provided-in-the-Supp{zmentary Cnnd irides-0�-`NGR-shell-jurchase-grid-ma i»(e in pFiapeR_y-msairanee-u ..;. .... of-the-Cull-rap{acannent-cost-thereof-(subjaut-to-such deducaiblE-amcxi rtts-as=m nv-b'a-prov; id&l-m-the Supplementarv-Cyntbuuns-or-rryuired-bv-L-aws-and Regulations). Tfi_insurnnca-sl>all 5:6:1--include—the=interests—oC ::C>WNE12: �61%tEER's-GemsttlEat�s-und-emy-other-prrlsn-eF entities iclemified=ui-t}ro-Sopplementary-Gunduions; ee%ch of whom-isdezmzihtti-have an-instaable-interest rvul�sltill•bedistadas an-nisiiredorudditionttl•insiiredc t:6� be -written -on -a -Builders Kisk-ell risk'=or ,i.r.0 t , i ....i i c.. �t;.� i i' a1s,'ivnrk darrtsr€;zte�-W orl.-lempatnt�-Ixtildi -.nos-f aitd�VOFlrui-transit-uric{-shall-uisuFE-agB+Ftst-ei-letist ChE-CANowing-pertLs:—.'r,.-.. t, u�.^II•,^.b- --,tended 9, =erage-theti-cnndo I ism-9 nd-maliciou s-m ischiet; eeustene_ilbneatremoval, 1... .pefa4nituns: ..r. ..:�L..-.. 1-.. 3:63.-include-expenses-incurred-in-the-repair-or ieplacemetit-of-e ny-nisured-piopertY-(inctuditig4iut•iiot l rdiEzd-to-Czzs-end arehiteaes); - . or-et-nriother-loeetibn-thtit-was-agreed-to-in-writitig-by prv4derl thni-such-materinls-nnd-rquipnterit-haVz=bean ir,eladzd-i 4. ..Reont+z ed by E•° Grit" ` �� �-�>-, :a.-.:.-eElect-unttl-fittal-payment-is n•-ade—unless=etli fw a- inlam !]rintto rr��rrn nr•rnd-a thtsiy-;dew=wfiteeri-nen�-�--R,o^^^'--oth dditi6nhl A�a-- ----------.n------v-lxzn i:mred- i_9. owNLR shall not betes-punsible for purchasing arid- maintaining any property in,;7me to piotect• the or 3.-1 (L—I f-GOrYI�FtAUCUR-reyuzsls-in-writing-that-other 99,111p, in z-m> east tkereeaxi rc`e.^a�Ta^ de lur, eWritten F{ m ndmenlh�rpprppriute -c f—=lJrier-4o a EJCUC Ot,'EF AI: CONbilib .51919-K (1990 E&timl 10 wldW OF FORT rJawi,5 mo01F1cAT10Ns(REV •IQ000) con,mancenipt-of-tha-N?orket-11te•site,-OWNGR s}inll-in wv;tinga ens s.ii. �rFfS? egnu,.st=CONTRi\GTOR, Subcontmctois; ofliccrs;-dirzctois,-zmployers-nnd-egerxs-of-ntiY-of than; for: s 1-F 1—=mod tz to bus nzs interrztpEio less of-use-cx-gd,zr-consequent in I-1cxn-eh=tgnd ing tzyond-direct-phYsia l-loss-or-dnaiogz-to arising -out -of -or rzstilting-from-lire�or-other-perils wheiher.sir-nm-insured. by-U.WriR, and An�i sttrEtxta-pc�iruy-ntnwt ------ lxtragreph3-1�etrrjirevlsten4tA-the-e#leet-thni trt-the-erenF-c�pa}Inent-uf-a� ,J�..�.-.�clamega-e>. eensequential-Ic^�a,�^stirers-wtn '�•, ._�,o�,^�tts-ef io \40 9 0 A rzcmery-ngu nst-any-of-CONT-Rt\GTOR�Subcontmctors; director:,•; c - , " hen;: Receipt and.flppGetifion oflnsurance Proceeds: 5.11 Any insured loss under the .policies ,of insurance .required,:by pamgraphs5:6 and 5.7 will be adjusted with OWNER and made'piyable to OWI4LR as fiduciary for the insureds: as -their interests may appear subject to the. re(ptuements`of an),.6ppliGable mortgage clause, and of pamgraph5,13 OkN-NTER shall deposit in a separute account any, money so received, and shall distribute it in accordance'with such agreement as the.parties in interest may reach If no other special agreement is reached the damaged Work shall he repaiicd or replaced, the moneys so received appliedon account thereof:and the'Work and the .cost thcreof cbvcred hy- an appropriate Change Order or Written Amendruent. Acceptance of Ronde and Insurance; Optiondo Replace: Partial Utilirinioh-Propertj, hisuronce: 5:15. If OWNER finds it necessary to,,wcupy or use a .portion or portions of the Work prior io Suhstantial EJCUCOENEAAL(-'ONbili6NS1910-8(l99 E(Ulim) w cm oi. MOAT CoLu m MODIItlCAMNS (RE V 42000) 1 the Work, such use or ocebpa in acmidance with paragral such use or.:occupancy shall "et rs_ providing the propert1.y. msurai in insurance shall not be cancelled or permitted to account of any "such partuil use or.oecupancy. ANT IC I,E • 6-COY'1'NAC'I'OR'S RESPONSIBILITIES Stipen•idnn and Superintendence: 6.L CONTRACTOR shall:s NLRACfOR §hall he solely responsible for the means, hods, techniques, , sequences and procedures cif struction, but CONTR.AC,TOR shall hot:be responsible the legligence.of of ers'in-the design -or specification a specific means, method, technique, sequence or cedure of consuuction which, is shown'dr indicated in ,eapreAy required by -the Contract Oocumen(s. NTRACIOR ,shall he responiNc to. see th5t-.the iplctcd Work complies accurately' with the.Contmct iuments: COiVTRACTOR shall keep on the Work at 611 cs :during _its: progress a competent resident to. act - on' behalf of CONTTRAC7 jcaiions,to the'superuitendent shall be as ifgiven to CONURACTOR;. Labor, AlateriaG-andEgaipment.• 64. Unless otherwise specified to the. General Requirements, .CONTRACTOR, shall furnish and assume Cull respwsibiliiv for all materials, equipment, labor. -trawF,ortauon, construction equipment Had, machinery, fools, appliances, ftiel. power light, heat, telehone, water, sanitary facilaies, tempbrmy facmues and all other facilities and incidentals. necessary, for the furnishing, performance, testing start-up and completion of the Work. 6.4.1. Purchasiru Restrictions: CONTRACTOR must comply'with'the Citv's'purchasmn restrictions. A cony of the resolutions are available for review in the offices of the Purchasing and Risk T` smizement Division or the Citv.Clerk's office. 6.4.2: -_Cement Restriction: .City of Fort .Collins Resolution 91-121 reuuires that suppliers and producers of ccmcntor rt�ctduets ccmtainine'ccmcnCtn ccnifv' that the. cement seas not mach. in cement kilns that bum hazardous waste as a fuel. - -- A5. All materials and equipment shall be of good ,quality -and new, except as otherwise provided in the �Contmct. Documents All warranties and .guarantees specifically called for by the Specifications shall c.Spressly run to the benefit of OWi`IF,R. if require d b> y ENGINEER, qu' - . CONTRACTOR shall famish satisfactory evidence `(including reports of required tcsts)'as tothc•kiml and 'quality of maierials and equipment. All materials and iii ent`sbil he applied, installed, connoted, erected,- i cleaned and conditioned in accordance with instructions of the applicable Supplier, c\ccpt as otherwise provided in the Contract Documents. Progress• Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in'aceoidance with paragraph 2.9 as it may be adjusted from tune to time is provided below: 6.6.1. CONTRACTOR shall submit to ENGNEER for acceptance (to the extent indicated "in pamgraph'2.9) proposed adjustments in the progress schedule.thavivill. not change the Contract Times (or Ablestgites}. Such adjustments will conform generally to the progress schedule then in effect imiladditionally .will comply with any pro3isioms of the General Requ iremenls applicable thereto' 6.6.2. Proposed adjustments in the, progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with :the requirements'. of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or -Equal" dlenis 6.7.1. .Whenever an item of material or,eyuipment is speciftetl or described in the Contract Documents by using the name of e proprietary item or the,nume of a Particular Supplier, thc.specifcauon or description is intended to establish .the type,. function and 'quality required. Unless the specification or description EJCDC GENERAL comrnT N519io-s (1990Editim) 12 wciTY of FORT OOLLI NSMODD-16TI6NS R(EV42000) contains or is followed by words reading that no like equivalent or "or equal" item or no substitution -is pemitted, other items of material or equipment or material or equipment of other Suppliers may' be accepted by ENGINEER. under the followirg circumstances: 6.7.1.1. '19t Egual:" If in ENGINEER's'sole discretion an item of material or equipment proposed by -CONTRACTOR is functionally equal to that named and sufficiently similar so that no chance in related Work will be rNuirecl, it may be considered by ENGINEER as an "or4qual" item. in w}iich case review and approval of the proposed item may; in ENGINEF:R's sole discretion, he,accotnplishcd without compliance with some or all of the requirements .for acceptance of pro[ketcl substitute items. 6:7.1 2. Subslilule Beau: If in ENGINEER'* sole discretion an item . of material or equipment proposed by CONTRACTOR dues not qualify as ,an "orequal" item under subparagraph 6 7 1..1 „it will be considered a 'propttsed .substitute' item. CO r1TRACI'OR shall submit sufficient infomation as provided below to allow. ENGINEER to that the item ormaterial or equipment propodcd is essentially equivalent to that ramccd and an acccptablasubstitute therefor. The procedure for review by the ENGINEER will include the following as suplileniented in the General ;Requirements and as ENGINEER. may decide is apprppriaiie under the :circumstances. Requests for review. of proposed. substitute items of material or equipment will not be acccjited by% Furnish or use a substitute item of equipment, CONTRACTOR ;shall perform adequately the functions and it eve the results called for by the general design, be similar in substance to that specified and be suited to.the *ante use as that specified The application will state the extern, if mry, to which the evaluation and acceptance of I tlie proposed, substitute. will prejudice CONfRACTOR's achievement of 'Suhsl.rilial Completion on time, whether or not acceptance;of the substitute for` use in the Work will require a change in any of the 'Contract Documents (or in the provisions of any :other 'direct curitmci with OWNER `forwork on .the Project).to aelapt the design to the proposed substitute, and whether or not incu poraiion or use of the substitute in connection with the Work is subject to payment;gfany'licens.e fee or royal}': NI variations of the prupmed substitute Coin that .'specified will be`identified in the application and .available maintenance, repair and replacement service will be indicated. The applicatich'will _also coniam an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of'such substitute• including costs of redesign .and claims of other contractors_atfected 49 /0 0 r-I U SECTION 00510 NOTICE OF AWARD DATE: April 15, 2013 TO: A-1 Chipseal Co. PROJECT: 7417 Asphalt Surface Treatment Project OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid for the above project has been considered and will be renewed. You are the apparent successful Bidder and have been awarded an Agreement for 7417 Asphalt Surface Treatment Project — 2013 Renewal. The Price of your Agreement is One Million Four Hundred Forty -Four Thousand Four Hundred Twenty -Nine Dollars and Thirty -Nine Cents ($1,444,429.39), which is the sum of the Base Bid plus Bid Alternates 1 and 2. Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by May 1, 2013. • 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. City of Fort Collins OWNER By: — ephen, ED AP Interim Director of Purchasing & Risk Management 0 by he resulting change, all Of which will be considzred by ENGINEER in evaltiaiing the- proposed substitute. ENGINEER may L y r ue el L?ff CONTRACTOR to furnish additional a ' ut .6.7.1.3.,CO.VM,ICTOR'iEx*yii,?: All dIw.tobe provided by CONTRACTOR in support.:of ,my proposed "or -equal" or substitute item will be at, CONTRACTOR'S expense. 63:2. Substinile Conshuction Megnxls- if :o)- ProceldIMS.* a qv,cfic. means,. methoil, technique: Sequence or procedureof construction is shown o; indicated in and expressly required by the Contract Documents, may, furnish or utilize a substiiute nieuns, '. method, 'technique, sequ'ence or procedure Of constriction acceptable to ENGANHR CONTRACTOR shall submit- Sufficient information to .allow ENGINEK, in ENGINEFR's,sole &cretion' to -dkmi eine tluit.Lhe Substitute proposed 'IS eqUiValen'tto that e�\pre'ssly called for b}•'Ihe -Contrak Documents. The i)0"dure for mview by kiwwag will tic: cc similar to that provided in Subparagraph 6.7.1.2. 6.7.3. Engineer's *Evaluatiow, FNGTiNF.FR willIx allowed a reasonhble'tinic within which to c%'Muatc each broposal or submittal made puirsu . ant to paragraphs nd-6.7.2. 13NEE OWRwillbethe . ,. - .... ­ I I . ACTOR to -furnish, at a special Derformince or, or submitted ,uaphs 63, 1.2 in the Con if any -Other d : ion the Pro CONTRACTOR - Shall verfarm not less 'than 2 'wreent of the Work with its own forces (that i without subcx)ntmctml -q- The 2 teem requirement to r Shall be understood h Work the value:of which totals'rtol less than 20-Dercent of the Contract Price 6.9. 6.9.1. CONTRACTOR Shall be fully responsible to OWW M-- and ENGINEER -for all acts and omill-Alo'ns of the Subcontractom, Suppliers and other- persons CONTRACTOP, CONTRACTOR shall reimburse. CONTRACTOR Mist is CONTRACTOR is OWNER for the charges of LNGINEER and responsible ,for CONTRACTOR's own acts and ENGINFER's Consultants for evaluating cach'su6h emissions, Nothing in the Contract Documents shall proposed substitute iter. erz*ti_ for thi beticfit of any Supplier ,or other person or organizatioh4ny 6.8. Concerning Subcotitruefors, Suppliers and contractual Telati I between' OWNER' or FNG1hrEERand any such SIJSGCM(rHCtOr, Supplier or other persm or organization nor Shall it create riny 6.8.1. CONTRACTOR Shall no, , employ. any ob Pa ofOXV`NER 6i ENGINEER to Subcbraractor, Supplier or other person or orgamiaiian the t of an), moneys eys due arty P, P, P, P, P, P, d 'ihcI� 'aral such Supplier_ r au au au au ,(incla ing n6c�pfable to ONVNER Such Subcontractor, ie _ of pffier person 6r. INTGINEER as indicated: in paiagraph 612), vhcthcr Organization except as may othen6se be required by initially. or as a Substitute. against whom OWNER or =nl Regulations. OWNER or ENGINEER may MMINEER ' may have reasonable; objection. to any subcontractor; antri2o, supplier or other oersori CONTRACTOR -shall not be requI-red � L � ' - to employ , , 'any or urjumi��ation evidence of amounts paid to person 'accordance with Subcontractor, Supplier or other rson or orgaWation CONTRACTOR. in to.furnish orpeiGrrn any of the Work-Emainst whom CONTRACTOR'S "Applications for Nymenl.4. CONTRACTOR has reasonable - objection, 0CDCQEN1hRAL(-0N1D1M6N3 i9104 wB(btim) 13 Wkll_Y01-_ FORT COLLINS N�615IFICATION'S(R'E%14'PUUIO) 0 6.9.2. CONTRACTOR stall be solely responsible for scheduling and coordinating the Work of Subcontractors. Suppliers and other persons, and organizations performingorfurnishing any of the Work under 'a direct -`or inil'vect contract with CONTRACTOR. 'CONTRACTOR shell require all Subcuntractors,. Suppliers and such other persons and organizations performing or furnishing any of the. Work to communicate with the ENGINIMR through CONTRACTOR: '6.10. The divisions"and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the, Work annong Subcontractors or Suppliers or delineating the Mork to be performnnl by any specific trade. 6.11. :all Work performed for COMMAGrm hy" a Subcontractor or Supplier will be, pursuant to, un appropriate agreement bctwcen;CONIRAUfOR and the Subcontractor or Supplier which specmGcally`binds 6e' Submmr itor or Supplier to the applicahle terns and ainditions of the Contract Documents for the benefit of OWNER and F.:NGINEER " " man} such{ gee revel Patent Fees and Roritlties: shall pay all license fees and coats incident to the use -in the or the incorporation in the Work is the subject of patent rights or copyrights helot by others. If a particular invention, design, pnxess,productor device is specified iq.the Contract Documents for use in the perfurinance of the Workland if to the actual knowledge of `b'WNER br'L•NGINEER its use, is subject to patent rights' or copyrights calling for the payment of any license fee or royalty to others; the existence of such rights shall be disclosed by OWNER in the Contract: Documents. To the CTOR shall ,'indemnify ENGINEER E'N'Gli-R's of each aatl an),ofthem from and against till claims, costs, losses and damages arising out of or resulting Gom any infringement of patent rights or ccoopp�vrigl is incident to the use ire the performance of the W6i or resulting from the incorporation in the 'Work of any rat enhon, design, process, product or device not specified in the Contract Documents. F1CDC Gh'NERAL'CONDITIONS 1910.Y it 99U l:ditiml, 14 WI CITYOF FORT COLLI NS NODIFICAnONS(REV dl?OOa) Peranits 6.13. Unless otherwise provided in the -Supplementary Conditions, CONTRACTOR shall obtain and pay for all (xxnstruction.Perniits and liceris& OWNER shall assist U)NTRACTOR, when necessary, in gbtaimng such permits and licenses. CONTRACTOR "shall pay all governmental charges, and.inspection fees necessary for the prosecution of the Work, which are applicable at the time of operimg of Bids, or, if there are'no Bids. on the affective Date, of the Agr&mt_nt. 'CONTRACTOR shall pay all charges„of utility owners for connections to the Work-, and OWNER shall pay all charges of Such utility owners for, capital costs related thereto. such -as plant investment fees. 6.14. Laivs and Regulations: 6.14.1. CONI'RAi 'TOR shall give all notices and aimply with all Caws and Regulations applicable to Carmsh ng and, perConnance oC tke'lVork" Except where otherwise expressly required by applicable Laws .and Regulations, neither OWNER nor F,NGINF,FR shall ,be responsible for monitoring CONTRACTOR'-, compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs airy Work knowing or having reason to know that it is contrary to Laws`or Regulations, CONTRACTOR shall bear all claims, costs, losses ,and damages caused by, arising out of, or resulting therefrom; however, itsh3ll not be CONTRACTOR's' primary responsibility to rnake'certaiit that the -Specifications and Dmwing arc in .accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3 3 2: Taxes 615: CONTRACTOR shall pay,all sales, consumeri use and other similar taxes, required ,to be paid by CONTRACTOR in accordance with :the Laws and, Regulations .ol"the place of the project which are applicable durittg, the perf6hiianice of the Work. 615 1. OWNER is exempt from Colorado State and loml .riles and .use nixes 'ram materials to be permanently incorporated into the projed. Said taxes shall niorhi included in the Contract Rice. Address: Colorado Department of Revenue State Capital Annex • • L_ J • • 1375 Sherman Street Denver,.Colorado, 80261 Sales and ,Use Taxes for the State of Colorado Reuonal Trans grtatioh District. (RTD)..and certain Coloado .counties are oallected by.. the State of Colorado and are. included in the' Certification oC Ezemotion. - All applicable Sales and Use Taxes (includimz State collected'lazes); on any items other than construction andbuildiriri materials bhysically inodrpdrated into Lh proleci are to-he.paid vC .-ONf RACTOR And are to be included in aooropriabtc bid items. -lire of Premises DN'TRAC'OR. .shall confine- construction. tr the storage of materials and equipment and the of .workers to the site and land and areas in and pennitted_by the Contract Documents: and 1 and, areas permitted lay` haws and Regulatiiiris, ray, permits and casements, and shall not bly encumber the premises with construction t or other materials or equipment. rCTOR shall assume full responsibility for any, o any such land or area, or to the ovynci or of thereof or any adjacent land of areas resulting performance of theWork. Should any claim be by the ping out of or resulting from an y claim or or equitable, brought by any itrdt,owner or indemnified hereunder to the extern caused by or based upon CON7RACT00's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR 'shall keep the premises Gee from accumulatinns'of waste materials, rubbish and other _debris resulting .'froin.the Work: At the completion of the Work CONTRACTOR 'shall remove -all waste materials, rubbish and ;debris -from and about, ie premises as well as all toots: appliances, `construction .equipment `and machinery and surplus materials. CONTRACTORshall leave the site clean and ready for occupancy by .OWNER at .Silhstaptial :Completion of the Work. -CONTRACTOR shall restore -to .6 iginal condition all property not desigmned fgraltemtion by Ihe,cuntract Docurriarts. 6.18. CONTRACTOR shall not load nor permit any part of any.structure to be loaded::in any manner that will :endanger the -structure, nor shall CONTRACTOR -subject any. part of the Work' or adjaLent '.propertyAo'strmes:-or pressures that will eridar-Ocrit: Record Documents EXW OENERAL C'ONTIATIONS 191OLS (1190E}Llim) wf CITY Of FORT f"OLLIIS NIOOIPICATION'S 4CLNAr2006) 6.19. CONTRACTOR shall maintain in a'sa the site one record copy of all Drawings Spei Addenda; Written.Aniendntents, Change"Ord Change Directives, Field "Orders and inlerpretatioiu arid elarifiwtions (issued ' pu paingmph 9 4) in :goad order and annotated tc documents together with all .approve Samples. and, a counteroan of all <aooroved Shoo Drawins will be sp,Mr and Prarecdon: 6.20. CONTRACTOR shall be, responsible for initiating maintaining .and. supervising. all safety precautions and programs in:connection with the Work. CONfRAGFOR shall take allnecessaryprecautions. for the safety of and sfiall provide the necessary prow ,tionto p eveni damageinjury or lose to: 6.20 1.:all persons on the Work site or who may be affected by the Work; 6.20.1 a]I the Work and 'materials and equipment to lx incorporated therein, whether in stcimgc on onotf the site; and 6.20.3..Other property at the site or adjacent thereto, including trees, shrubs, lawns, wm alks, pavccnpa road ways, structures, 'utilities and Underground dilities°not designated for removal, relocation or replacement in the course of construction. CONfRACIOR.,shall comply with all applicable Laws and Rcgulatwu'of rany public body havirijurisdiction for safety of persons or, property or to protect them from damagg injury or loss; and shall eruct andmaintain all riecessury safeguards for ,such safety and protection. CONTRACTOR shall notify owners gfadjacent property and of Underground Pactlities:arnl utility owners:when any employed by any of them to perfomt of fum sh any Work or anyone for whose acts any of them-niay.be i the acts or-omisstons of OWNER or ENGINEER.or iINCLRs Consultant or anvone employed by any, of i or anyone for whose acts any of them may be liable, not attributable, directly or indirectly, in whole or in and protection of the Work shall continue until such time as nil the Work is. completed and FNGINEER has_issued a 15 notice'to. OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (exoept as otherwise cepressly provided in connection .with Substantial Cumpletion), 6.2.1. Safe4y.Represemtalive CONTRACTOR :shall desigmte a qualified and experienoed safety representative at the site whose duties rind responsibilities shall be the prevention of accidents and the mauttavupg and all r6smg of safety precautions and programs. HarardCommunicarion Programs 6.22. CONTRACTOR shall be responsible for 66 dinatine any exchange of material, safety data sheets or other hazard, communication infonnation required -to be made available to or exchanged between or ;among. -employers at the site in accordance with Laws or Regulations; f: mergcncies: 6.23. In coiergencies affecting the safety orprotectionof persons or -the Work or property at the site or adjacent thereto, CONTRAGI'OR, witliqut,spccial instruonon or huthoriiation'trom OWN"FR or F.NGRJFFR, is obligated to act to prevent threatened damage, injilry or. loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any.significant 'changes. in the Work or variations from the Contract .Documents have been Mused ih.erclay. If'ENGINE6R determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency. _a'Work Change Directive or Change Orden will be issued 'to .document the, consequences of such action 6.24.. Shop Drawings and Samples: 6.24.I._CONTRACTOR shall submit ,Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Diawings .and Sample submittals (see paragraph 2 9). All submitals• will be identified as ENGL\TEER may require and -in die runnier of copies specified in the General Requirements. The(Lilashoim on the Shop Drawings will, be complete: with respect to,quantities, dimensions, specified performance and design,criferia, materials and similar data to'show FNGENTEER the materials and equipment CONTRAG'I'OR proposes to provide and to enable ENGINEER to review the information for the limited purposes :required by paragraph 6,26. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in acciuda'nce with said accepted schedule of Shop Drawings, and Sample_ submittals. Each Sample -will .be identified clearly as.to material, Supplier, pertinent darn such as catalog niinibers and the use for which intcndcd'and otherwise as ENGINEER may _require to enable. ENGINEER to review the submittal for the limited 1G EJCDCcE,\Ttent:CONDMO'41910x(tayatdhiom wt d- y OF FORT COLLI NS MomrlCAUdNS (REV 4R000) purposes required by p aragmph 6.26: The numbers of eack Sample to be submitted will be as specified in the. Specifications. 6.25. Submittal Procedures: '6.25.1. Beforc submitting each Shop Drawing or Sample. CONTRACTOR shall have determined and verified: 6.25.1.1. 'all field measurements, quantities; dimensions. specified perform' rice criteria, installation requirements; materials, catalog numbers.and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use,fabrication; shipping; handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1..1. 'all information relative to CONIRAC1 OR's sole;. responsibi litics ih. respeci of means, methods, techniques, sequences, and procedures of construction and safety.procautions and programs incident thereto, CONTRACTOR 'shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and $anipics and with the _requirements of the Work and the Contract Documents, 6:252. F.ach submittal, will bear a stamp or specific written indication -that CONTRACTOR`lins satisfied CONTRACTOR's obligations under' the Contract Documents with respect to;CONTRACTOR's review and approval of that submittal 6.25:3. At the time of each submission, CONTRACTOR shall g ve ENGINEER spiciftc written notice of such variations, if any; that the 'Sh_ op Drawing or Sample submitted may'have frohi the requirementsof the Contract iocuments; such notice to, be in'a written eom unia Ion separite from ,the submlilal; and, in addition, shrill cause a;sp'cific notation to be mode on each Shop. Drawirtg and Simple submirted to ENGIi, M fur review rind approval of each such variation: 6.26. ENGINEER. will review and approve 'Shop Drawirus and SamnIeS in accordance with the schedule of review and approval will be only to determine if the items covered. by the submittals will, after -installation or inc6rpora(ion in tFie�Work, conform to the information givenin the Contract Documents and be compatiblewith the design' concept of the completed Project as a functioning whole as. indicated by the Contract Documents. ENGINEER's review and'appratal Will not c%icnd to mmtls, methods, isehniqucs, seque'rices of procedures of construction (except where a particular means, method, technique, sequence or procedure of • • construction is specifically and eNpressly called for by the Contract -Documents) or to safety precautions-or.programs incident thereto. The review and approval of a separate item as such will nol'indirate'approval of the assemblyJn required new Samples.for'review and 'TOR shall direct specific attention in other than the corrections callil R tin previous submittals: IGINIFER's review and approval or. Samples shall not:rcheve CONT. of submission as ENGINEM has each for complying with the.requirements of paragaph 6.25:1 6.28. Where a Shop Drawing or Sample is requircil'by the Contract Dociments;or the schedule of Shop Drawing and Sample .submissions accepted by FNGTNF.FR :as required_.by. parigraph2.9, any related 1Woik performed priarto FNGINEHR's review and approval ofthe.Ex.nincnt suhmlttal'avill.be at the,sole expense and responsihility of CONf RAC'IY)lc Continuing the Work.- 6.29. CONTRACTOR shall carry on the Work and . 'adhere to the progress schedule during all disputes or disageemeirtS with OWNER No Work shall bi delayed or postponed pending resolution of any disputes- or disagreements; except as permittedby pamgmph 15.5 or as OWNER and CONTRACTOR iiay otherwise (agree' in NTltn a. 6.30. CONTPNCTOR's Genera! Mirrantp and Guarantee: 6 30.1. CONTRACTOR warrants and guaranlces'to OWNER, I IGINFER and riNGiNFFR's Corvultants ihal all Wort: will be in accordance with the Conlyd'ci Documents 'and will not be *fist de. CONTRACTOR'S warranty and guar<gtze hereunder' excludes defects or damage caused by: 6.30.1.1. abuse. .modification or . improper maintenance or operation, by pusons tither than CONTRACTOR, Subcontractors or Suppliers; or 6.36.12 nomtal'we'ar and tear under normal usage. 6.30.2: CONTRLACTOR's obligation to perform and complete thCAVork in accordance with the C iititract Documents shall be absolute.. None of the following willconstitute an acceptance of Work that is not in, EJC DC GENERAL CONUITI ONS 1910-8 ti o Lt rim), wlgTY OI+ FORT COt.LINS h10U1FICAT[ONS (REV 420UU) accordance with the Contract Document's or "n release of CONTRACTOR's obligation to perform the Work in accordance.with the Contract Documents; 630,2A. obse'rationsbyENGINEER: 6.30.2 2, recommendation bf any progress or final payment by ENGIN ER; 630.2.3. the issuance of u certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the C6mracl Documents,- 6 30.2 A. use or occupancy of the 'Work or nny Ixnn'thereof I y OWNER; 6:30.2;5. anv.acccptaiice hy'0WNER or any frlilure to do s0. 6 302.6. any review and approval of a Shop ra Dwirig;or Sample subimnal or ilu'issuance of a notice of.aceeptability 1Sy'F,NGINFF'R pursuant to paragraph 14.13: ' 630.2T tiny, inspection, test.orapproval by othcn;; or 6.30.2.5: : anv.correction of &ftcgt:e %York by OWNER: Indelinifira¢nn: 6.32... In any and all claims against OWNER or ENGINCFR'or any, of ih'eir respective constdiants, agents; officers.11irectors`or employees by any"employee (or the sur.rvor or personal reprmwative of such employee) of CONTRACTOR; any, Subcontractor; any ,Supplier, tiny person or orgammuon directly or indirectly employed by 17 any of them to perform or fttrriish any of the. Work or anyone for tihose acts any of them may be liable; the indemnification obligation under.paramaph6.31 shall not be limited in any tray by any limitation on the amount or type of damatim. compensation or beriefns'payable by or for CQN'1'RAVC TOR or, 6ny such Subcontractor, Supplier or other person or orgamiation under workers compensation acts, disability benefit acts or other employee benefit acts: 6:33. The indemnification obligations, of CONTRACTOR under paitagraph 6.31 shall not extend to the liability of ENGINEER and ENGINEER'S Consultants, officers, directors, -employees or'.agents caused by the professional negligence, errors or omissions of any of them. Sumral.of OAliga"ns 6.34. ;all rcpnsentatiorts, indemnificationq warranties and guarantees made in requiredby or given in accordance with the Contract Documcnts; as well as all continuing obligations indicated in the Contract Documents will survive ma payment, completion and acceptance of'the. Work and termination or completion of the Agreement. ARTICI,F 7-,OTHER 1VORK Mitred Nark at Site:. 7.1. OWNER may perform other work; related to the Project at the site by OWNER's own foray or let other direct contracts therefor which -shall. contain General Conditions similar to these, or have other work. performed by utility owners If the fact that such other work- is to be performed was not noted in the Contract Doeumcnig.thcn: (i).vvritten noticethcreof will be gNento CONTRACTOR prior, to starting any such other work and (u)CONTRACTOR may makeit claim 'therefor is provided in Articles I i .and 12 if CONTRACTOR belizves' that.sueh performance will involve additional. expense to CONTRACTOR or requires additional tithe and the parties, are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall.afrord each other contriclor' who is a party, o such a direct_commet and each utility oivner (nnd -OWNER, if OR'NER is performing the additional work with OWNER's employees) proper and safe access to the site and,a reasonable opportunity for the. introduction and storage of materials and equipment and, the execution of such other work'and shall properly.connegt and coordinate the Work with theirs. Unless "otherwise provided in the Contract Documents. CONTRAACTOR shall do all cuttip& ftiirL- and patching of the Work that may Wrequired to matke its'several parts come together' propeily _and , integrate with such other work. CONTRACTOR shall not endanger any wo&ofothers by curing. excavating or otherwise altering their work. and will only cut or alter their work with the, written conserit'of ENGINEER and the':uthers whose work will be affeciel. 9The duties' and reslon ibihncs,nf;CONI'R.4(I'Olt under this paragraph airz for the benefit of such utility owners and other contractors to the extent that there are comparable. Fwgc oumaAhcowrnoh519105 d 990 Editiao 18 W1 TYOFFORTCOLUi5 M6D1F16T10NS tREV4l1000) provisions for the Benefit of CONTRACTOR in said direct contracts between OWNER and such utility oamcrs and other contractors. 7.3. If the proper execution or results ot any part of CONTRACK)R's \Node depends upon work perforated by others under' this Article 7, CONTRACTOR shall inspect such other work and promptly report to LNGINEER in writing any delays,' defects or deficiencies in such other.work that render itunavailableor unsuitable for the: proper exIecution'and results of CONTRACTOR's Work. 'CONTRACTOR's 'failure 'so to report will constitute an acceptance of such other work as tit and proper, for integration tt th CONTRACTOR's Work except for latent ore'nonapparentdelect-s and deficiencies in such other work: Coordiealion 7.4. If OWNF. contracts with others for the performance of other work on the project at the'site.'the following will be set forth in Supple ierahry Cdnditioris: 7.4.1. the person, firm or corporation who will have authority .and responsibility for coordination of �thc activities aniongthe various prime contractors will be identified; 7.4.2. the specific matters to.be covered by such authority and responiibility:will be itemized; and 7_4:3. the I extent or such authority and responsibilities will he provided. Unless otherwise providcd in the Supplementary Conditions OWNER shall have ,sole authority and responsibihiy lit respect of such coordination. ARTICLE 8-01VNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, 'OWNF.R shall .issue all .communications to CONTRACTOR through ENGINE• Eli 8.2: In 6se of termination of die employtitent or FNGINEER, OWNTER shall. appoint. an engineer against whom-CONTRAC—TGR makes-no-reasonable-objeetim whose stittus under the Cohtract Documents shall be that of the former ENGINEER. 6. OWNER shall furnish the data required of OWNER under the Contract Documents promptly, and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.41and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference ,points'are set forth in paragraphs 4.1 and 4.4. Paragraph42 refers;to OWNER'S Writifying and making available to `CONTRACTOR aipics of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditionsin existing • 0 E G structures ator bontiguous to the site tliat have been utilized by ENGINEER in preparing the Contract Documents. ' s--reu4-of-ptrrrrsx!g ri+ e-'ar. sat (Orth tR paraeph93:5 thrcwgh 5-I0: S.G.. OWNER is obligated to execute'Change Orders as indicated in paragraph 10.4.. 8!7. OWNGRs responsibility in respect of certain. inspections, .tests and approvals is set 'forth in' prinigrapff 13A. In connection with OWNER's right to stop .Work or "suspend Work, sec_ ptmgriphs:1310 and 15.1. Raracraph 152 deals with 01VNER's right to terrnuuite services ofEON•I•RAC> OR.uridercertaincircumstanecs. Sig. .The OWNER shall noi;su{icn_ise, direct: or have control or authority over. nor be responsible Tor, or procedure's of construction or. theaWty precautions and programs- .incident .thereto• or for any failure of- CONI'RACTOR to comply Nvith Laws and Regulations applicable to the. Furnishing or performance of the Work. OWNER will not be; responsible for CONTRACTORS failure to perform or furnish the Work in acciirdancc with the Contract Documents. }AWWI MR' T- .I,'ty-tn respect-�. Aslac'...2;mr� s—r�u�nc.....,—rr..mroc.�...--rrva�vF RRdieae£iv`e.4.9eEe'ru.{.i;.crcdvr--rcva{ed-aH{te-9ttti3 ' dl—fiaafibettf airangaments-have--been—ntada-ti-satisty—QWN13R'S resportsibrl i ty-in-respect-thereof-w i Il=be=a s=set-forth-iri-tlte suppleii entary-Got ditions: ARTICLE 9-FNGTNFER'S STATUS D1fRTIVG CONSTRUCTION OA? ER'sRepresentative 9.1. ENGMIMR will be OININTER's representative during the construction period. The 'duties and resporisibiliiies and the, limitations of authority of ENGINEER as OWINER's ,rcoresentative during consuti'ctiori,are setibit An the Contract Documents and shall notbe- amended without ttntten consent of011&TL•R and rNGINEER 1,15its to Site -9.2. ENGWEER will make visits to the site at intervals .appropriate to, the various stages of 'construction as ENGNEER deems necessary• in order to olaerve as an experienced and qualified' design; professional' the progress F Dc:GENERA,coNvin6NS 191"(t99a E(lilim) aiCATY OF TORT LOLLlT6 hiODIIkAT10N5 M%' 4n-DUa) that has been made and the quality,of theMirious aspects of CONTRACTOR'S execiiied Work: Based on information oblained.during such .visits and observations. ENGINEER -twill endeavor for the benefit of OWNER. 1 deiermine. in eeneral. if -the Work is urocee`diriu in will not be required to make e.Jutustive or:contmuous on - site inspections, to check the quality, or quaniitt of the Work:. ENGINEER's efforts will- be directed toward on. uturng or as a or, observations or the safety precautions and progams o, or for any,failure of CONTRACTOR to ,Lecvs and Regulatiom�.aplilicable to :the Project Representad ye:. 9.3:1- The ,Remrescnlatives dealin_s in matters partairiim, to the on -site work will in general, be with the ENGINEER -and CONTRACTOR. But. the Reresemative :will 'keeo`th_e_:Ol4TQER 'properly advised about such matters. The Represenuative'§ dealines with subcontractors will only be throua or with the :'full knowledge and approval of the CONTRACTOR. 9:3:3. Duties and ResWnsibilities Representative Will: .93.2.I.Schedules - Review the progress l9- 20 schedule. and other schedules prepared by Are CONTRACTOR and consult with the ENGINEER concerning acceptability. 93.2.2. Conferences and Meclinc - Attend meati6o with the :CONTRACTOR such as preconstruction conferences _progrs meetings and other iob conferences .and prepare and circulate copies of minutes of meetings. 9:3.2.3. Liaison 9.3.23.1. Serve as F.NGINF:FR'S liaison %�ilh CONTRACTOR working principally through CON'I'RAC'fOR'S- superintendent to aesist.thc CONTRACIOR in understanding the Contract Documents. 9.3:2.3 2. Assist in obtainine 1rom:01VNER additional details or information when recluked for proper execution of the Work: 9.3233. Advise the ENGINEER and CONTRACTOR of .the commencement of anv Work requiring'a Shop Drawing or sample submission ifthe sulimissionhas -not been approved hythc FNIGINEM 23.2:4 Review of Work, Rejection of D'efectjye Work, Inspections and Tests - 9.3 2.a.1. Conduct on -site observations of die Work:in progess to assist the ENGINEER in dctern» nine that the Work is proceeding in accordance with the Contract Documents. 9.3i_1.4.3. Agompany visiting inspector's' representme public or other agencies having jurisdiction over the Proiect, record the results of .these -inspections and report to the ENGINEER 932.5. Inte proation of Contnua Documents. Report to ENGINEER when clarifications and interpretations bf.the Contrret. Documents are needed and transmit to CONTRACTOR clarification and interyrctation of the Contract Documents ,as issued by the ENGINEER 9.3.2.6. Modifications. Consider and evaluate CONTRAGfOR:S suggestions for E1CDC Oh,NIE'R.N: COINDMON'S 1910S (1990 ENWditti�m) w/ CITY OF FORT COLLI NS SIODIFICATIONS PV 412000) modification in Dmwinrs or Specifications an report these recommendations to ENGINEER: Accurateiv transmit to CONTRACTOR decisions issued by.the ENGINEER: 9.3.2.7. Records. 93.2:8. RcpoM 9- 2$ 1 Pura sh tsENGINEER periodic repo, ts-regt5rzd, ofththe progress -.of -the Work and of the CONTRACTORS compliance n•ith the progress schedule and schedule of shop Drawing and same a mitt�Is 93.2.52. Consult with ENGINEER in advance of scheduling major tests, inspections or start of important plmses of the Work. 9.32.8.3. llmft proposed Change.Orders and Work -Directive Changes obtaining backup muterial from -the CONI'RAC'1'OR :arid r&ornmend to' ENGINEER .Chase 'Orders, Work Directive; Charmer' and field -orders, 9.32.8.4. Report immediateW to ENGM-ER and OkNrNTM the occurrence of any accident. 9329 NvmenLRequests. ReviewaR:plications for nayiitcnt w�tb CON"I'IZACTOR forcompliance with the-establisFied procedure for thew .submission and forward with recommendation to 0 9 E QNGWEER noting particularly the relationship of requirentznts the pxymrnt re' uested to the schedule of.6alucs, 9r=re l: or work completed and materials and eaui� 1 ent necessary, wt delivered m the site but' not incorporated m'lhe, reasgnablv'in Work written clariG OWNER ar 9.312:10. Completion. CONTRACT 93?a0.1. Before INIGINEER issues a Certificate of Substantial -Cm to CONTRACTOR :a list of of served items reauirinu-correcnon'or comii etion. 9.3.2:10.2: Conduct final inspection in the comlxlnv of. the ENGINEER. OWNER .and CONTRACTOR and prepare a final list of items to be corrected 212 10.3. .Observe that all ,items on the.. final list have been corrected or completed and make recommendations - ',to ENGINEER concerning acceptance. :9.3.3. I:imitation of Authority: he Representative -shall not; 9.3.3.1. Authorize am' deviations from the Contract Documents, or -.accent any' substitute. materials or',ecjuipment, unless authorized by the., ENGINEER. Authorrzed Mariationsin Mork: omens which .do. norinv Fact Price orthe .Contract the design, concept of tl 93.3.2. Exceed limitations of- ENGINEER'S Rejecting nefective )Vtirk: authority is forth in the Coruna Documents. 9:3:3.3. Undertake •sny:of'thc responsibilities 9.6. hNc.INEIaR wilij of the CONTRACTOR -Subcontractors, or reject Work which ENG'D COII- AR "S CTORsuperintendent: or that ENGINEERbelievt • 9.3.3.4. Advise on or issue directions relatiie to, or assume control over any -aspect. of the means, 'methods; technique.. _2�qucnces:.of procedures for .construction unlesssuch is s�eciliealW called for in'the ContnictDocumenls. 9 3:3.5. Advise on or .s,;uc- directions jepyaSding_ or :assume cbntrgj over .safety precautions anLY ros, .ams in connections with the Work. 9.3.3.6. Accept .Shop Dominus or sample submittals from anyone sotficr than the CONTRACTOR, 9.3.3-7.. Authorize OWNER. to occupy the Work in whole or in part. 9.3.3.8.. -Participate in spceialb�d ..Gehl or labomtorv:tests or inspections conducted bv-others eecept as .specifically authorized j3, the ENGINEER Clarifications find Interpretations: 9.4. ENGINEER will issue with reasonable promptness such whiten clarifications or interpretations of the EXI)G GENERAL CONUITIGNS 1910-5 t1 A E(ilicn), wi c TY01--f6Rr(IDLuiN6 M66iricXTI6Ns Mt V'in0uo) authority to WorLas:on Work'is fabi (in the, I may del the.intenl lthe Contract Price are unable to agree any, OWNER ,or i elaim therefor ss minor of as a or as rity todisapprovc.or eves to be def carve, produce a.completed t Documents or that esign concept of the hole as indicated by .ER will also' Have on or testing of,the , whether or not the Shop Drmrings,.Change,Orders and Poybtena 9.7,. In connection with E'NGINEERs authority as to Shop Dra ings and Samples, see,parrgmphs 6.24_ through 6.28 inclusive. 9:8. In connection with ENGINEER's authority alto Change Orders: we Articles.10. 11, and 12. 9.9. In connection with ENGINEER's_authority asto Applications for Paymem sze flrticle 14- Deterniinations for UnitPricesi 9.10. .ENGINEER will determine the actual quantities and classificirtioi.s o_f Unit Price Work perfortitetl -by CONTRACTOR. NG EI 'EER will review with CONTRACTOR the ENGIN'ti'ER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Payment or otherwise). ENGINEER's written decision 'thereon will be final and binding upon OWNER arid CONTRACTOR. unless, within ten days after the slate or any such decision, either OWNMZ or CONTRACTOR delivers io'the other and to ENGINEER written.notice of intention to appeal from ENGINEER's decision and: '(i) an appeal from ENGINTEER's decision is taken wiLhin'ihe lime limits:andinaccordance with theprocedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16;.gi(n) iCno such DispuleResoMion Agreement has been entered into, s formal proceeding as instituted by the appealmos party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may hnve with respect to ENGINEER's decision,, unless -otherwise agreed in 'writing by OWNI R+ and CONTRACTOR. Such rippeal will nbt be subject.loihe procedures of paragraph 9:11. Decisionson Disputevr 9.11. ENGINEER will he the initial interpreter ,of the .requirements of the Contract Documents and judge of tie acceptability of the Work thereunder: Claims, disputes and other matters relating to the acceptability of the Workor the interpretation of the requirements of the Contract Documems pertaintrig,to-the performance and ,f irnish qo of the XVork'and claims under Articles 1 i .and 12 iwra_spector changes in the Cbmract.Price.or Contract Times will be referred initially to ENGINEER imwriting with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, disputc.or other matter trill be -delivered by the claimant to ENGINEER and the °other party to the Agreement promptly (hut in no event later than. thirty days) after the start of�thc occurrence or event.gnng rise thereto, and written supporting data will be submitted to ENGINF.F.R and the other party within sixty days alter the start of, such occurrencc or -event unless. EJGINTEER allows an additional. period of time�for the 'submission of additional or mo"re accurm6:data in suppon of such claim; dispute or other ioatter, The opposing party shall submit any response to ENGINEER and the, claimant within thirty days after receipt of the ,claimant's "last submittal (unl� ENGTNF.ER allows additional time). ENGINEER will rendcra formal decision in writing wit iri -thirty days utter receipt: of the opposing ptiny's submittal, iC .any. in accordance with 'this paragraph. ENGINEER's written decision on such claim, dispute or other matter will be "final and binding upon OWNER and CONTRACTOR unless '(i).an appeal from ENGINEER's decision is taken within the time limits 'and in accordance 'with 'the ,procedures .set forth in E,l'H11kf GC -A. "Dispute Resolution Agreement", entered into between Ol1WERarid .CONTRACTOR pursuant to Article, 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a ivntten noiicr of inlerlo' h .to aplieal_Gom ENGINEER's teiitten decision is delivered by OWNER or CONTRACTOR to the other and io`ENGINEER within thirty days after the date of such decision and a formal proceedirj, is iristituted.by the appealing party in a forum of .competent jurisdlictionto e�en:ise such rights or reinedirs ,as the nppcalmg party may have kith respect to such claim, dispute or other matter in•accordamx with applicable Laws and Regulations within sixty dnys of the date of such YJCDC GENER.4l: COND1nON5191"(1 OU E&iian 9� w�l CITY OF FORT COLLI NS MODIF161'IONS ptFSV A2000) decision, unless otherwise agreed in writing by O\VNER and CONTRACTOR 9:12: When functioning as:interpreter and judge under paragraphs 9.10 and 9.11. ENGINEER will not show ppaartiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision byENGINEER pursuant to paragraphs 9.10 or 9.11 with respect.,to any such claim dispute or other matter,(6. cepi ariywhich have been waNedby the making or acceptance of final payment as provided in paragraph 14.15) ;will be.a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as eithermay otherwise have under the Contract Docunicnts or by. Laws or Regulationsin respect of any suchclaim,disputa'orothermatter su le tde-lo: 9.13. Limitations on LWGINEER's Authorit and .Heapna.vihititiesr ` .9:131. Neither FONGINEER's authority or reshorisibility irides this Article 9'or:under arn`other provision of the_Contmet Documents nor:any decision made bv'ENGINEF.R in good faith either to.cxercise or not exercise such auilibrity or responsibility or the uiidcnaking; exevotsc or perforninnoc.of any authnrity or ecsponsibility by'F.NGTNF.ER shill create, unrxise or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor; arty Supplier, any other,person or organisation, or to any surety for or employee or agent of any of them. 4 9.132. ENGINEER will not :supervise; direct, control ;or have authority over or lic'responsible z for CONTRACTOR's mans,. methods, techniques; . sequences or procedures of construction, or the safety% precautions and programs incident hereto, or for any; failure of CONTRACTOR to comply with Laws and Regulations applicable to the, .furnishing or. performance of the Work •ENGINEER will not be responsible for'CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.133. ENGINTEGR will, not be responsible for the acts or omissions of CONTRACTOR or of any Sulx;ontractor, any Supplier, or of:my:other person or organization performing or furnishing any of .the Work. 9.13.4. ENGINEER's review of the final Application for Paymeni.,and accompanying doc unein atnori and nil maintenance and operating instructions, schedules, gu.mmtees; Bonds and certificates of inspection, tests .arid approvals and other documentalion,required to be deliverers by ;pamgriiph14.12 kill only bt to determine generally.that their content complies with the requuenients of, and in the case of;certificatesof inspections tests and .approvals that the results certified indicate compliance with, the Contract 1Jocumcnts 9.131.5. The limitations .upon .authority and 0 0 • 0 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 151h day of April in the year of 2013 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. WORK Renewal. This Agreement is a renewal of the Agreement entered into between the parties on the 15th day of August, 2012, entitled Asphalt Surface Treatment Project, Bid No. 7417, City of Fort Collins (hereinafter called The 2012 CONTRACT)and all portions interpreted as if the same were attached hereto. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents, The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 7417 Asphalt Surface Treatment Project and is generally described in Section 01010. This renewal is authorized pursuant to Article 3.1.1 Contract Period, of the 2012 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 April. ARTICLE 2. ENGINEER The Project has been designed by City of Fort Collins Streets Department who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 This is a one year agreement but, at the option of the City, the Agreement may be extended for additional one year periods not to exceed 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-Five(35) calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within Thirty -Five (35) calendar days after the date when the Contract Times commence to run. 3.3. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. 0 C] 0 responsibility set forth in tlus paragmph;9 13 shall also, .apply to ENTGINGER's Consultants, Resident,Proj.ect Representative and assistants. AR171GLE: 10—CHANGEN IN THE: )1'C)RK Without invalidating the Agreement and without .•to any surety, -OWNER may, at anytime or Gym to time, order'additioa`s, de'letions'orrevision_'s'in the Such additions; deletions or _revisions will be ,sized by Written Amendment a Change Order, or:a i Change Directive. Upon receipt of any such tent CONrRAC'I'OR shall promptly proceed with 4'ark 6olved which will be perfotned under*tke :able conditions of the Contract Oocunichts.(c ccpi'as 10.2. If'MrNTER'and CONTRACTOR are unable to •agree as to the -extent, if any, of.anadjustment in the 'Contract Price or an adjustment of the Contract'rimes that` .should be allowed its a result of a'Work Chonge.Directive, 'a'claim may be made therefor as provided in Article I or Article l 2. 103. .CONTRACTOR shall not Ix entitled to an increase in die Contract Price or anexlension of the Contract Tunes with respect to: any Wtirk performed that is not required t v the Contract Documents as ,amended,_ modified and 'supplemented as provided in paragraphs 3.5 and 3.6, except. in the case of an emergency as provided m paragraph 6.23 ;or -in the case' of uncovering Work �as provided in. :panigrph 1:3,9. IoA OWNTF.R and •CONTRACTOR shall execute. appropriate Change ;Orders recommended by ENGINEER (or Written Amendments) ooveririgi 10.4.1. slice ges in, the Work which are (i)-ordered by OWN�R pursuant to paragraph 10.1; (ii) required because of acceptance of deJzcrrm•e Work under �pamgraph 13:13 or correcting dejectrve Work under p-iragrnph 13:14, or (iii) agrzeil td,by the jri`ities? 10.4.1 changes in the Contract Price or Contract Times,which are agneed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times which embody the,subslanm of any written decision rendered by ENGINEER ,pursuant to. pamgraph9:1.%: provided that; in lieu of executing any such Change Order; an ippcal nsa)• be taken from any such decision in accordarce: with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal,: CONTRACTOR shall.. tartrtyy on the Work 'and adhere to the progress ScFiodule as provided 'in parae}aph'G.29. 10.5. If notice of any change affecting the general scope of the Work or'the provisions of the Contract Documents 6CDC.csNtRgi. CON 7A770NS Ivfos (t?.o 4661 p) v ary of FORT C10LLW5 hMUtftoAT10NS tRLI' 1P000) (including, but not limited to.,Contract Price or:Congact Times) is required by the provisions of any Bond to be given "' a surer}}', the giving of, any such nuiice will be COldTRACTOR's responsibility, and the amouht of each applicable Buod will be adjusleda' Jingly, ARTICLE ,il—CHANCE:OF.CONTRACT PRICE; 11.1. The :Contract 11ricc, constitutes ,the total compensation (subject to authorized itdtu nrnenLs) payable to CONTRACTOR for performing the' Work. AII'duties responsibilities and obligations assigned to'oi undertakers by CON1 RACI'Ok shalI he at CONTRAGTOR's expense without change nithe'C'ntract Price. lla: The Contract Price may only lie. changed by a Change Order orIby,a Writttin Amendment Any claim for an adjustment in die Contract Price shall be based on written nonce delivered by the party makinm the claim to. of the amour delivered veitf .nee or event that the adjustment claimed covers all knoi;m amc which the .claimant 'is entitled as a,result i occurrence or event. All claims for; adjustment Contract Price shall be determined by .ENGMl accordance with paragraph 9.11 if OWNE1 CONTRACTOR.cannol othenvisc,agree:on the.i involved. No claim for air a ljusimIent'in the C Price will be,valid if not submitted in accordance w panigrapli 11.2. 111. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11:3.1. inhere the Mork involved is covered by unit prices contained in the Contract Doeum6msq _by application ofsuch unit prices to the quantities of the items: 'involved (subject to Lthe -.provisions of 23 pamgraphs 11.9.1 through 11.9.3, inclusive); 1132. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed pa,ment_basis. including lump sum (which may include air all_ownnce for=gvenc�d and profit not necessarily in accordance with paragraph 1 L6:2); . 11.3.3. ,where the Work involved is not covered by unit prices contained in the 'Comma Documents and agreement to :a lump sum is not reached under 'paragrnrh 11 3:2, on the basis of the Cost of the Work (determined as provided in paragraphs IIA and 11.5)" plus,o CONTRACTOR's fee for overhead and profit. (determined asprovided in paragraph l l.(t). Cost ofIII e IVork: 11.4. The term Cost of the Work mcamsihe sum of all tbsts necessarily incurred and paid by CONTRACTOR in 'the proper performance'of the Woik. Except as otherwise may he agrce'd to'in writing by OWNER, such costs shall he in -amounts no higher',thnn,those prevailing in the locality of the Project, shall include only the. following items and shall not include any of the costs itemizcd in, patamaph 11.5: 11A.I. Payroll casts. for employees in 'the direct employ of CONTRACTOR in the perfomianoc'.orthe Workunder schedules of job classifications agreed .upon by OWNER and CONTRACTOR. Such employees, shall include without limiLation superintendents, 'foremen .and other, personnel employed full` -time at .the site. Payroll -costs for employees hot employed trill -time on the Work shall he apportioned.on the basis of their time slx'nt on the Work. Payroll costs shall include; but -not b limited tc; salaries and wages 'plus the cost of fringe benefits' which shall include social security contributions, unemployment, excise and_ payroll to\es; workers' .compensation, health end -retirement benefits; bonuses; .mday or to the ex 11.4.2.'Cost of all materials and equipment furnished and incorporated in the Work, including costs of :transportation and storage thereof -and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds' with CONTRACTOR with which to' make payments; in which case the cash _disoounft shall uccrue to OWNER. - All trade discounts rebates rod refunds and returns from sale of surplus materials anti equipment shall accrue to OWNER.; and CONTRACTOR shall make provisions 'so that thev may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by :Subcontractors. If required by OWNER, EJCOC 6hNUtAL COMMONS 1910-S (1990 Edition) 24 wf CITY OF FORT COLLINi MODIFICATIONS(REV 4P000) CONTRACTOR shall obtain competitive_ bids from Subcontractors. accepiable .to OWNER and CONTRACTOR and shall deliver such .bids to OWNER who'will then'detemnne; with the advice of ENGrNEFR, which bids, if any; will lie accepled. If airy suhcontract proi�ides that the Subc_o`ntractor is to be paid on the basis of Cost of the Work plus a fee: the Subcontmctor's,Cost of the Work and fee shill he determined in the same manner as CONTRACTOR's Cost .of the " W'ork and fee as provided in panni�nphs 11.4, 11:5, "11.6 " arch 11.7. All subwntFacts shall be"subjectto the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited toengineers, architects, testing laboratories, surveyors, attOnrey'S and accountants) employed for services specifically related to the Work.' 11.4.5. Supplemental carts including the following: 11A.5.1. The proportion of necessary trmtspnrtstion,travel "and subsistence expenses'of CONTRACTOR'-, employees. incurred in discharge of duties' connected with the Work. 11.4.5:2. Cost, including transportation and maintenance, of all materials. 'supplies, equipment, machinery, appliances, offee" and temporary facilities at the site and hand tools not owned by.the workers, which arc -consumed in the perforimince of the Work, ,and cost less market mIuc'of suchitcros rued hot not consumed which remain the property of CONTRACTOR: 114;:53. Rentals of all construction equipment and machinery "and the parts thereof whether rented from'CONTRACTOR t>r others in accordance with rental agrements approved by OWNER with the advice of ENGTNEER: and the costs of transportation, loading,' unloading," installattion, dismantling and removal thereof -all in accordancc with terns of .said' rental agreements. The recital of"any such equipment, machinery or parts''shall cease, when the use tlizreof is no longer necessary for the Work. 11.4:5.4. Sales, consumer, use or similar taxes related ' to the Work and for which CONTRACTOR is liable, imposed by Laws.and Regulauons.- 11.4.5t5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or inlireitly employed by any of. them or Tor whose acts any of them may be liable, and royalty paymnents and fees for permits and licenses. 11.4.5.6. Losses and damages. (and related C­Xperi_scs) caused ley damage to the Work; not compensated by.imurance or otherwise, sustained by CONTRACTOR in connection %i,iih the 0 0 furnishing of the \Vcrk;.(except 11.5.5 Costs due to the negligence performance and losses and damages within the,deduc'tible Amounts of CONTRACTOR,;tiny Subcon"ii(ar, or anyone of.propert), insurance established by OWNER in directly or:indirecily employed by any of them or for accordance with paragraph 5.91 provided they whose acts anv of them may be liable, including but 'limited'io, have resulted from causes other than die not the correction of Qeciire Work negligence of CONTRACTOR;, tiny dnspoml of nimeriaLs or equipment %vrGigly'supplied Subcontractor,'or anyone`diroaly or indirectly and making goodany'damagetoproperty: employed by anv of them or for w ose, Acts anv of them may be'liable. Such lasses shall include 11.5.6. Other overhead or general expense costs of settlements made with the written corisem and eny 1:ind aril the costs of any item not: specifically and _ approval of OWNER No such lol_ws lamagts e�•presxly included igparagrap, 1 IA. and be included in the Cost of the for the purpae of determining 11.6. ,The, CON'fRACTOR's fee allowed to CONTRACTOR's fee, IL however. any such loss CONTRACTOR for overhead and ,profit shall be or damnge requires ' reconstruction and determined As follows: CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee 11.6 1, a mutuallyiacceptable feed fee. or limportioniaW to tlett:statcd mparagraph 1 l.fi:2: 116.2. if a fixed fee is not agreed upom. then a fee 11.4.5.7. The cast of utilities; fuel and sanitary based on the 'followingg percentages of the various facilities at the site. poriions of the'Cost of the Work: 11.4 5,S. .Minor expcpses such as telegraiims, I L0,11. for costs incurred under long distance Telephone calls, telephone,: service at paragraphs,.11.4.1. end � ''11-4.2, the tne`site, expressage and similar petty cash items in CONTRACTOR's fec shall be fifteen percent; connection with the Work. 11:62t1 for costs incurred under. 11 A.5.9. Cast of premiums for addiiional Bonds, paragraph ,11.4 3, the CONTRACTOR's fee shall and insurance required because of changesin the be five percent, Work: 11.6.11 where one or more tiers of 11.5. The term Costof the Work'shall not,includc anyof subcontracts are'nn the basis'of Cost of the Work the following' plus a fee arid no ftaed fee is;egrccd upon, the intent of paragraphs 11:4 1, 11.4.2, 11.4.3 and 11:5:1: Payroll costs• and other compensation of 1142 is that the;Suliccntmctor %ft actually. CONTRACTOR's ofDoers, executives principals (of performs or furnishes the Work, at whatever. tier,' partnership and sole pr6prietorships), general managers, will be paid a fce'of fifteen percent of the costs • engineers, arclutects, estimators, :attorneys, auditors, incurred by„such Suboontr�ctor under paragraphs accountants, piuchasim' amd cominamf ;agents, 11.4.1 and 1142 and that anv higher tier ' fOR's principal or a branch ministration of the Work and not in the agreed upon schedu are to be considered administiative costs covered by the 1 L6.2.4. no fee shall be payable•.on the basis COA 1'R ACTOR's fez. of costi.itemi-cd under paragraphs 11-4.4, 11.4.5 and 11.5; 11 5.2 'Expenses of'CONTRACTOR's principal anti branch offices other than CONP_RACTOR's office at 11.6.2.5., the amount of credit to be Allowed the site. by CONTRAGTOR to, OWNER for anX•chan,;e which'results in a net decrease in cost will be the 115.3. Any part:of CONTR4CTOR's: capital amount of the actual net decrease in cost plus a expenses, ncludm& . interest on CONTR} ICTOR'S deduction in CONTRACTOR'S fee,b y an amount capital employi4l kit the Work and cluirges."against equal'to fide. percent gt'such'riet decrease; end CONTRACTOR for8elinquent payments. 11.6.2.6. when both additions and credits are ,11.5.4. -Cost of premiums for all Bonds and for, all involved in any one chat{�e, the adjustment in insurance whether, or. not CONTRACTOR is required CONTRACTOR's fee shall be computed.on ;the by.the Contract Documents to purchase and maintairi basis.of the' net change in accordance with the same (except fdrthe cost of premiunms covdinil by. paragraphs ,11 6 2.1:through 116.2.5, inclusive. subparagraph 11.4.5.9 iabode) 11.7. Whenever the cost of :anv Work is to be EJC1x OEt.&Y, CONUITIM 1910-8 t1990 E(lition) ;25 WICITYOI+ FORT COLLliS hfobii-k nOVS(REV A2000). 0 determined pursuant, to paragraphs I1.4 anti 11.5, CONTRACTOR will establish and maintain records thereoCin,accordance withgenerallyaccepted accounting practices, and submit in form acceptable to ENGINEER an item iied cost break'clown together wvth supporting data. Cash .Allmiances: I LS. Itis understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and'shall cause the Work so covered to be furtushed.and perfonried for such sums as may be acceptableto OWNER and ENGINEER. CONTPAGfOR a_rees that: 11.8.1. the allowances, include the 'cost to CONTRACTOR (less any applicable; trade discotmts) of materials and equipmcrirrcquired by the allowances to be delivered at the site and all applicable taxes; and 11.52. CONTRACTOR's costs for unloading and handling pnthe site, Isbor, irsstijllahon costs, •overhead, profit and other expense's comempkitcci 'for the allowances have been included in,the Contract .Price and not in the allowances and no demand for additional.paymenton account of any of the'faregoing will he valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, .and the Contract Price 'shall be correspondingly adjusted. 11.9. Unit Price Work 11.9:1..Where theContract DocumenLs proJidc that all or pait otthe Work is io be Unit Pice Work, initially it e Contract Price will be deemed to include for all Unit Price Work.an'amountequal to the sum of the. established unit prices for each separately identified item of Unit Price Worktimesthe estimated quantity of each item as indicated in the Agreement: The estimated quaniities.,of items of. Unit Price Wort: fire not guaranteed and 'are solely for the' purpose of comparison of Bids;apd determining an initial Contract, Price. Determinations of the actual quantities and classifcartions -or Unit Price Work perfaraied by CONTRACTOR will be made by ENTOINELR in accordance with para&aph 9;10, 11 J?. Each unit price }rill be deemed to include an amount considered by CONTTRACTOR to be adequate to cover CONTR:ACTOR's overhead and profit for each separately identified item. 11.9.3.'OWNTER or CONTRACTOR may male a claim for un adjustment in the Contract Price in accordance with Article I I iC 11..9.3.1. the ;quantity of any item of Unit -Price Work performed by CONTRACTOR differs, materially and, significantly from the :estimated quantity of such item indicated in the Agreement; EJCUC GENERAL CONDI'MiS 1910dt 0 990 EMOR) 26 w/CITYOFF6ATCOLLINSrioDiricAT1ONsi'REV4R000) and 119.3.2: there.is no corresponding adjustment with respect to any other item of }',cork; and 1193.3. if C.ONTRAUl'OR believes that CONTRACTOR is entitled to.an increase `in Contract Price as -a: result of Having incurred 'additional :expense or OWNER believes that OWNER is entitled to a decrease:r Contract Price and the parties are unable'to agkee. as to the amount of any such increase or decrease. 1 1.9.3.4: CONTRACTOR acknowledges that the OWNER hastherieht to add ordelete items in the Aid or changc'quantities at,OWNF•R'S',solc discretion without -affecting the Contract Price of anv remaining item sit long,:as thc. deletion or ad-ditiondoc,i riot exceed t venw-five Percent or the oriainal total Contract Price. ARTICLE 12--CHANGF::0F CONTRACT']] M ES 12.1. *['he Contract Times (or Milestones) may ;only he changed by a Change Order or a Written Amendment. Any clairim for ,in adjustment of the Contract Times (or Milestones) shall he based on written noticedelivered by the .party making•the claim to the other party and to ENGINI I;R prirxnptly (btit'it no.cvent later than thiih days) after the ocairrenee of the event givutg rise to the claim and statingthegeneral, natureof the 'claim. .Notice or.tlic extent of,the claim with supporting data shall he delivered,wilhin sixty days after'such occurrence (unless ENGINEER allows- additional time to ascertain more accurate data in support of• the olaim) and shall be acccimpanied by the claimant's written statement that the adjustment claimed is ithe cretin adjustment to which the clavilant has imson to believe it is. entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shill be determined by FNGTNF.ER. in accordance with pamgmph9.11 if OWNER and CONTRACTOR cannot otherwise agree: No claim for an adjustment in' the Contract Times:(or Milestones) will be valid if nol submitted in accordance with the requirements of this paragraph 12.1. 122... All time limits stilted in'the,Contract Documents are'of the essencebf the Agreement, 12.3. Where CONTRACTOR is prevented from completing :any part of the Work within the Contract Times (or Milestones) due,to delay beyondthecontrol of CONTRACTOR, -the Contract Tares (or Milest&iies) will be cztendcd in in iunount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to,ncts 7. fires Hovers• epidenmics, abnormal weather or acts of•God. Delays attributable to and 10 0 within the control -of a Subcontractor or Supplier'shall.be .deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from ,completinga an,y part of the Work within the Contract Times (or Milestones) due to 'delay beyond the control of both OWNER and .CONTRACTOR;: an extension of the Contract times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR'ssole and exclusive remedy, for'such'delay. In no event shall OWNER be liable to Co_ i\rTRACTOR; any Suhcontmctvr, I`.any Supplier. any 61her person or orr aniudion ar tdany rety-for,orr emplowee or agent of :Any of them; for dages ansa5 out of or resulting from (t) delays caused by or }within the control of the COINTRA6'01t, or (ii) dclai s .Wand the control of bath parties inclu1.ding, but or other contractors by Articic 7: ARTICLE. 13—TF$TS .AND INSPFCTIONS; CORRFC*rION„REN1OVAI, OR ACCFI'TANCEOF D1-!T,&f1VE vYORK 13.1. Notice ofDefeets Prompt. -notice of all defective Work of cyhich OWNER or ENGINEER have actual knowledge will be ;given .to COMPACTOR All,defevtne. Work Wray, Gc rejected, :corrected or. accepted asrrovidcd in this Articic;l3. iccessto Work: . 13.2. OWNER other represenly with jurisdictional uttercsts will have.access to the reasormble—times for their obs- varon; :mspec testing.CONTRACTOR shall provide them Pr I Ted s and Inspe Lions.- 13.3. CONTRACTOR slpall ,give ENGINEER timely notice of readiness of theIV6rk forall required inspections„ tests or approvals, and shall cooperate with inspection and leering personnel to 9cilitate required inspc6ti6hs or tests. 13 4. OWNT R shall employ and Pay,for the services.of an independent teslirio lalwratory to perform. all •inspections, tests, or approvals requirecl'by the Coritraet Documents except: 13.4.1. for inspections; tests or approvals covered by paragraph 13:5-below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to pamSr2ph 13.9 FtC QFNERA•LC-0N,bITIONs1910$(1990 Edtion) aicinorroarioLL1 rioutr•'icn'rlovstxcvan_uw) 0 below shall be pain as 'provided in said paragraph 13.9; and 1_3.4 {. as .otherwise specifically provided in the Contract Documents. jurisdiction require any Work (or part thereoo specifically to' be' inspected. tested or approved by an ;employee or other representative of such public body, CONTRACTOR RACTOR _ball assume ,full r6sinonsibility for arranamE and approval. in be incorporated in the Work; or of materials, mix -designs, or equipment 'submitted for approval prior to CONrTRACTOR's_purchase thereof for incorporation in 13.6, If any Work (or,the'work of others) that is to be inspected, tested or approved is covered by COArfRACfOR without written concurrence of ENGINEER; it must, if, requested:by HNGINFER, be uno0vercd for observation: 13.7. Uncovering Work as provided in paragraph 13.6 shall tie at CONTRAC•1.OR's expense unless CQNrrRAGfdR has gnrn ENGINEER timely notice of CONTRACTOR's intention to :cover the suite and ENGINEFR has not acted with reasonablerromptness in response to such notice: Uncovering Work: 13.8. If aw Work is covered contrary to the written r6quesi of ENGINEER, it, must, it' ,rcqui red by INGIA'EEK be uncovered for_ ENGINEERts observation and replaced at CONTRACTOR's expense: -- --- 13.9. if F,NGINF,F.R considers it necessaryor advisable that covered Work be observed by ENT OWNER or inspected or tested by others. CONTRACTOR, at 131 I10 EER's request, shall uncover, expose.w otherwise make available for observaticuL inspection or testing as ENCINCHR may require, t}iat portion. of the Work n. CONT LAMR shall pay all dames, costs, losses and damages caused by; arising out of or resulting from such uncovenng• exposurei observalitm inspection and,testinL and or satisfactory replacement or reconstruction, (neludins but her limited to•'all costs of repair or replacement of work of others); and OWNER shall be entitled to in appropriate decrease in the Contract Price, anid..if the parties are unable to agree as to the amount the cof, may- make a claim 'therefor As provided 'in Article 1 I lf, however. such Work is not 'found to be rkfecirtr, CONTRACTOR shall be allowed an incrcasc'ii the Contract Price or an extension of die' Contract Times (or h4ilestones), or both,, directly attributable to such 27 uncovering, exposure, obsenvibn, iuspectibn,, testing, replacement aril reconstruction; and, if .the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make'u claim therefor as. provided in Articles I I and 12. 0Ii'A'ER Alay Stop the Work: 13.10. If the Work isd{efecBve, or CONTRACTOR fails to supply sufficient skilled workers or'spitable'materials'or ,equipment, or fails 6.fiumish or perform th'e Work in sucha Miy that the completed Work will conform to the Contract Documents, OWNER may order CONIRACTOR.to stop the Work, or any portion thereof. until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give; tisc to vty duty on thc,part of OWNER' to e. ercise this right for the 'beneftt'of CONTRACTOR orany'surety or other party. Correction or Removal ojDefecdve W& A 13.11. If required by ENGINEER, CONI'RAC'I'OR shall promptly;: as :dircctcd, chhcr' correct :all defective 1Vork, whether'orrnot fabricated installed or completed, or, if the Work has been rejected by.ENGINEER, remove it from the site and replace it 'with Work that is not defective. CONTRACTOR shall pay all claims, costs, los,scs and 'damagis caused by `or --resulting from such corrcetion or removal (including but not limited to all costs of repair or replacement of workof others). 13.12. Correction Period., 13.12.1.,If within dire -year two yearsaflci thc,datc of Substantial Completion or such longer,period`oftiinc as may be prescribed by Laws or Regulations or by the terms of any applicable special guaiantcc required by the Contract Documents or by any specific.provision of .the Contract Documents„ any Work is,found to be defective, CONTRACTOR skill promptly, 3vithout cost to OWNER and iwaceordame with QW1TER's written instructions: (i) correct such derec¢re Work, or, if it has been reJectetl tri OWNER, iemov�e.it from the site and renlace' it with Work that is not defective, land (ii) to other Work or the work ot:others n If CONTRACTORdoes not promptl; min .m terms of such insirtictns, or delay would cause ;serious risk of ,OWNER may ha3e the defective Wm rejected Work removed and replace --ciosts; losses and damages caused by siich removal and replacement (a limited to all eosis of repair or replan others) will be paid by CONTRAtI C Work resulting therefrom) has been corrected, removed of replaced under this paragraph "13.12, the correction period hereunder with respect'to such Work will be extended for an additional period of eae ye two tears after such correction or removal and replacement has been satisfactorily completed. Acceptance ofDefeetive Work 13.13. If, instead of requiring correction or removal and replacement of defecnta Work, OWNER -(and, - piior to ENGIATEER's recommendation of Gnarl -pajmtct. 'also ENGINEER)piafers to accept it, OWNER may do.so. CONTRACTOR shall pay all .claims. costs, losses and daninges attributable to OWNER's' evaluntion of .and dctcrmination to accept Ouch'&fecnve lVork'(such arts io be approved b`y ENGIN1;fsRasl"o reasonableness) if airy such acceptance occurs prior to ENGINFER's recommendation of Coral payment, a Change.Order will be issued incorporating the necessan• revisionsin the Contract Documents with respect to the Work;. and ONINF.R shall be entitled to -an hppropiiate:;de - case in the the amount,thereof, 01VNhR may make a claim therefor as provided in Article 11. If the acceptance occurs. after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER - Olt VER Ake, Correct Defective "Work: 13.14. If CON'I'RAC'fOR fails,within a reasonable time after written notice from ENGINEER to correct defectire Work or io r icve and replaoe rejected Work is required by ENGINEER in accordance with paragraph 13:11, or CONTRACTOR fails to Perform the Work in accordance with the'Contract Documents, or if CON_ TRACTOR fails to comply with. any other provision of the "Contract Documents, OWNER may; after seven days' idritteJi notice to CONTRACTOR, correct and remedv'any such deficicricy, In cimrcising the rights and remedies under this naracinoli OWNER shall oroceed eeoeditiousIv. In may exclude CONTRACTOR ,fro n all or part of ake Ixssession_of all or taut-of;dic Work, and image- suspend CONTRACTOR's services related erirom. possession of CONTRACTORs tools, ith the, construction equipment mid -machinery at where incorporate in the Work:aill Materials, ire mage, stored at the ,site, or for which ORIKf of work of 13.'122.In special circumstances where. a particular item of equipment is placed an continuous 'service before Substantial, Completion of all the Work. the carrectior period for that item mayatart to run (rota an earlier -date if so provided in -the SpcciGcati6ns or by WrittenAmcndmcnt. 13.12:3. Where defective Work (and damage to other EJCDC GENERAL CONDITIONS 1910$([9 tdinm) 28 wt CITY OF FORT OOLLI NS MODIFICATIONS tRL'V411000) ENGINEM and ENGMTEE to the site to enable OWNER charged against` CONTRACTOR and a Change Order"will be issued incorporating the necessary revisions in the Contract Documents with respect, to the'Work; and OWNER shall be entitled to`an itppropriatedecTeaseinihe Contract I'ricc, and, if the parting are unable to agree as to the amount thereof. OWNER may make a claim tl erelor as, provided in Article 11. Such claims, costs, losses and CJ 0 • damages will include but not be limited to all costs of repair. or replatxrneni of work of others destrcmyed or damaged by correction removal _ or replacement of CONTRACTORS defective Work. CONTRACTOR shall not be allowed an e".'xtcnsion'oC the Contract Times (or -Milestones)'beeause of any delay in parforniance or the. Work aifributable iq the exercise by MWER 6f OWNER's righi and remedies hereunder. ARTICLE 14'-PAYMENTS TO COINTRAC TOR AND ,COXIPLETION" .Sekedule of I4aWes. 14,1The schedule of values esiahlished as provided in paragraph 2.9 will serve as the basis For proggress pa}mtems and will be incorporated into a form of Application for Nvanent acceptable to ENGINEER. progress pajinents on account of Unit price Work will be based on the numlaer of uniLs completed. Appliration for Progress Pawnent 14.2. At least twenty days before the. date established for each progress pa'mcnt_(hut not more. often hvnn once -a for I ment !ring t. We Wen and ton:as is re materials and equipment not delivered and suitabIv.ston locaiton agreed to in avriting shall also be,accompamedby that the materials and equipment are covered' ae property insurance and: other, arrangements )14NER'9. interest: therein all of which will et_sey; CONTP 4 CTOR's;lVarrynty of Title. I1.3. CONTRACTOR_ warrants and guarantees that title to all Work, materials and equipment covered by any Application CorPa}ineitl. whether -incorporated in' the, Project or not, will pass to OWNER no later than the time of payment Gee and clear of all Liens. R6Fie ,of.4pplicatioasfarProgrmPp}gnent; 14.4. ENGINEER trill, within ten days alter receipt of each Application for Payment, either indicate in writing a 6COCOENEMCOND111014S 19108(o9 Ecfiam) W431TY OF FOIt'f O'OLI.1N5 h10DI11CA770NS (KEV-12U(lUj of to OWNLR, or the provisions of the last sentence of paragraph 14.7) )ome due.and tvhen due will be paid. by.ONNIER to 14i5: ENGINF,ER's iecommendmion of any pa jmient requested in an Application.for payment will o pshtute a representation' by ENGINEER to OWNER, leased- on F.NGINHER's on -site observations of the czccuted Work as an e.tperieoccd and yualnfied design professional and on HNGINhFR's review of the Appligation for Payment and the accompanying data and schedulm that io the best of ENGINFhR's kn'owlcdgc, information and belief: -14.5.1. the Work has progessed to .the ,point indicated, 14.52 the :qualify of the Work is generally in accordincewith the contract Documents (suhjcct'to in the Contract of gdantities' and Work under alikatiorte shied 14.5:3: the conditions precedent to CONTRACTOR's being entitled to such payment ,appear to, have heen'fulfilled insofar as -it 'is ENGNEER's responsibility to observe the Work: 'by recommending any such payment iR will .not thereby be deemed to`have d _that: (t) exhaustive_ or continuous on -site s have been made to checkthe gtrality or the of the Work beptib the ,responsibilities to 14.6. ENGINEER's recommendation of any payment, including final payment, shall nofinean that ENGINEER is res*.nsible'stir-CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure, d.CONTRACTOR to comply wnh Laws aril Re�ulauoris applicable to the Cumishmg or performance; of Work. or for any failure of CONfRACIOR to perform or furnish Work in accordance with the'Coritract:Documents. 14.7: I NGINf.HR may refuse to recommend the whole or anyparl of any payment tL in ENGINEER's opinion it would be .incorrect to .make the representations to .29. OWNER relerrod to in paragraph 14.5. ENGINEER may: also refuse to recommend any such payment; or; because of subsequently, discovered evidence or the results of subsequentinspections or tests, nullify.an), such payment ch' preciously recommended, to sue tent as may be necessary in . NGINHER's opinion to: protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has beendatpaged requiring corrtxtionpr replacement, 14.7.2. the Contract Rice has been reduced by Written Amendment or Change Order, 14.7.3. OWM R has been required to correct &fecrive Work or complete'Work in accordance, with paragraph 13:14, or 14.7:4. ENGINEER has actual knowledge of the ;occurrence of any of the events enumerated in patagraphs 15,2.1 through 15.2.4 inclusive. .OWNER may iefuse to make payment of the full amount` recommended by FNGINEF.R because: 147:5. claims have been made against •.OWNER on account of CONTR-ACI'OR's performance or furnishing_ of the Work; 14:7.6. Liens have been filed in connection with the Work, except where -CONTRACTOR has delivered spccific Bond satisfactory to. OW NHR to sceure-`the satisfaction and discharge of such Liens, 14.7.7. then are other items entitling OWNER. to a set- off against the amount recommended or 14.7.8. 'OR?NER has actual knowledge of the occurrence of 'any, of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragmpitsl5?;1 through 15:2.4 inclusive; but OWNER .must give .CONrfRACfOR immediate written notice .(with it copy to FNGTINFER) stating the reasons Rif such action and promptly, pay CONTRACTOR -the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when COYr12ACTOR corrects to OINWER's_ satisfaction the reasons for such action Substandal Completion: 'OR considers the.entire Work CONTRACTOR :shall notify n.writing Ihat.the entire Work 'except for items specifically s incomplete) and request that ate of Substantial Completion. dine thereafter, MMI R. Vork to determine the status of iFR doffs 'ot'consider the We ENGINEER will notify COI giving the reasons therefor. IiJCUC Gh'NIiL.4L CONUITIUAti 1910.1i t199U tditiml 30 n•1 CITY OF FORT OOLLINS MOUIFWC TIONs iR[V4R0(t1) considers the Work substantially complete, ENOEt1EER will prepare and deliver to OWER Na tentative, certificate of Substantial Completion which shall fix the :date of Substantial Completion.. There shall be attached to the certificate a tentative list of items to be eumpleted.or corrected before final paymeht. OWNER shall have sewn days after receipt of the tenialive'certificale during which to make written objection to ENGINEER as to any provisions of'the certificate or attached list. If, after considering such obiections. ENGINEFR-concludes that certificate to OWNER notify CONTRACTOR in writing; stating the reasons therefor. Jr. after consideration of OWN1iR's objections, FNGINHER cons ide'rs-the Work substantially. complete; FNGINEF,'R will within said fourteen days, execute and deliver to _OWNER .and COINTRACI'OR a definitive certificate of Substantial Completioon (with a revised tentative list_of items to be completed or corrected) reflecting such changes.from the tentative certificate'as ENGINEER believes justified after coiisidemnon" of any objebtioris from OWNER. Ai.the time. cif delivery of dic:tentative certificate of Substantial Completion ENGINLFR-twill deliver to OWNER and GONTRACfOR a written reconuncndation as to division of responsihililics pending final payment between OWNER -and COIrrRACTOR with reslioct to security, operation, safety, maintenance; heat, utilities, insurance and warranties and guarantees. Unless OWNER • and on 14.9. OW"N'ER shall have 'the right to exclude CONTRACTOR from the Work after daf: date or Substantial Completion but OWNER shill allow CONTRACTOR reasonable, access todimplete or correct. items bit thctentative list, l arYial U64ation: 14.10. Use by OWNER at OWNER's option of on), substantially completed part of the Work; which: _(i) has specifically been identified in thi'Cootract Documents, br (ii)OIVNER ENGINEER and 'CONTRACTOR agree avull,ltl a selyamlely Functioning land usable part or the Work that -can be used by.OWNER for its intended purpose without signiftcaht interterrence; 'with CONTRACTOR's performance of the remainder of the \fork;may, be accomplished prior to 'Substantial Completion of all the Work subject to the following:. 14AM.OWNER attmy time may request CONTRACTOR in writing to pofnit Ol_NI M to use any, such pin of the Workwlach OWNER believes to be ready for its intended use and substantially complete. 1f CON'1RACI'OR agrees that such part of OWNER and.,ENGINEER that such k is substantiallyboinplete and request o issue a certificate .of' substantial for that part of the Work. 0 CONTRACTOR At any time may notify OWNER and to, furnish such a release. or receipt in full, ENGINEMmi writing that CONTRACTOR considers CONTRACTOR may fua ash a Bond or other collateral any such pan of the Work read), for iis.imended use satisfactory'lo OWNER to indemnify OWNTER against and substantially complete and request ENGINEER to any Liea Releases or waivers of liens and the,consent of issu'e'a certificate_of Substantial Cumpletion for tht the suretd'to finalize payment are to be subinilted on part of the Work. Within a reasonable time after either foams conformimi to the of the OWNER'S standard such request; OWNER, CONTRACTOR and Corms bound in the Project manual. 124GINEER shall make an inspection of:that part -of the Work to•detennine its status,of completion. If Final 'PalnientwidAcceptance: ENGINEER does not consider that part 6r&' Wuik to be substanially iximplete, ENGINEER will notify 14.1"3. If on the ;basis of ET'GINGEWs observation of O\\TTER Anil CONTRACTOR in writing giving the the Work during corn 6lioo and final ins'pection.:and reasons therefor. If ENGfNF,TiR considers that part of F,NGINFFR's review' of the final Application for Payment the Wo&to be substantially complete, the provisions and :accompanying documentation as required by the of pamgraphs'14 8 and 14.9 will apply with respect to Contract Documents, ENGINEFR is, satisfied that the a:rtltieaupn of Suhsiimtiil (; innpecton of that "partof Work, has been completed 'and CONI'"RACI.OR s other the Wo&And the;diviston of responsibility in respect obligations under the Contmd, DocumentsI I- have, been1. 14.10.2. No occupancy or separatcoperationofpan ENGINF,Pk's recommendation of payment and present of the Wort. will be accomplished prior to compliance the Application.to''OWNFR for payment. Al the same with the requirements of paragraph 5.15 in re'spcet of time ENGINEER will also' give\'ritten noticeto OWNER prgx:rty insurance, - and CQN•I'RACTOR that the'AUork is -acceptable suhject to the. provisions, of ...paragraph 14.15. Otherwise, Finallnspectlwt:. ENG1NEzio will return the .Application to CONTRACTOR, indicating -in writing'the reasons for I4.11. Upon written notice from CONTRACTOR that the refusing to recommend final r oyment, in which ease entire 'Work -'or an •.agreed portion thereof is `complete, CONTRACTOR shall Bunke the necessary corrections and ElgGINEGR will make a final inspection with .QkVNER resubmit the Application. Thirtydays after presentation to. and CONTRACTOR and will noti_fy`,CONIRACTOR in OWNER of the Application and accompanying writing of all, plrticukirs in which'this inspection reveals documentation, in, Appropriate Conn and substance and that the Work is inc6ffiplctc or ii,feciivz CONTRACTOR" with ENGINEF:R's recommendation and notice of shall immedia Ally take such meastres as:arc necessaryto acceptability, the amount recommended, by ENGINEER .cornpletc such work or remedy such dcficicncks. will 1 ceomc' due., and will he paid by OWNER to Final Application forParnient: _,eneral"- nditions, - - 14.12. After CONTRACTOR has completed all such die satisfaction ENGINEER delivered 14:14 Il through no fault of CONTRACTOR final Work is significantly delayed •and if corrections to of and completion of the in accordance with the Contract Documents 'all ENGINEER so confirms; OWNER shall, upon reccipt_of -mairttenance And operating m4nictions, "schedules•, CONTRACTOR'S final Appliattion for Pajmteat, and .guarantees, Bonds, certificates or other evidence :of 'of recommendation of ENGINEER, and without terminating insurance required by ptragmph 5:4, certificates the lgreement.'make paymen.I, of the balance due for that inspection„ in rkcd-up record documents (wvfirovided in portion: of the Work;fully comp letcd and. accepted If the paragraph 6:19) and other documents, CONTRACTOR remaining balance t be,held by OWNER £or Work not May make application for .final payment; following the fully, completed or corrected is lest than, the relainage. procedure for progress payments. The final Application for stipulated in.the Agreement, and if Bonds have been Payment shall b- ii6c(impinied (except as . previously Curmshed [u required in pa•ragrtph 5.1, the -written consent 21,'Z ed) by: (i)AII documentation called for in the of the surety. to,the .pavrue t of the balance due for'that Contract Documents, .including but not limited. to the portion oIf theA\'orktully ooinpleted and accepted dial] be et'idencz of insumn e required by subp raigrapfi 5'4:13, submitted by CONTRACTOR to ENGINEER with the Qi;unsent of the surety. if .any, tofinalpayment, and Application for such payment. , Such `,payment shall be (iii) complete an i legally effective releases or waivers made'.under the terms and wnditions; gtivem rig final (satisfactoy to OWNER) of all Liens arising outof or filed payment, except that it shall not constitute a. waiver of at connection with the Work In lien of such releases or claims. - - waivers of Liens and as approved by ORTiER, CONTRACTOR may furnish receipts or relcasiis it -full lVdiver'ofC him And affidavit of CONTRACTOR that: (i) the releases And receipts include all laborr services. material and equipment 14.15:. 'rhe making and acceptance of final payment will for %tihIu -a Lien could be filed, An(], .(ii) all payrolls constitute:. ' material and gbipment. bills and other indebtedness connected with the Work for which OWNER or OWNER'S -14.10 1 a waivci'of all claims by 0 TIER against property might in any way be responsible have been paid.or CONTRACTOR except claims_ arising from -otherwise satisfied - If any Subcontractor or Supplier fnils unsettled Liens, from defective Work appearing nRer OCUC GENERAL(,' mkioNs 1910-s o4g9 Edilim) 31 W a lY OE FORT COt.I"IN5 N1G6ffICATIONs (REV 42000) 0 final "inspection pursuant to paragraph 14 11, from failiue to -comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and' 14.15.2.A.waiver of all claims by CONTRACTOR against OWNER other than those previously made, in writing and still unsettled. ARTICLE la -SUSPENSION OF AVORK AND `TERMINATION OWNER Alai, Suspend -Work 15.1. At any time and without cause. OWNER may su- rend the Work Or any portion thereof for a period of not lrture than ninety hays by notice in Wiiing to COI\"TRACTOR and EI\TGINEF:R which will fix floe dine .on which Work will be resum ed. C.0N` RAC'IC)R.shall resume the Work on the date so fixed. C0117RAGI'O 2 .shall be allowed,an adjustment in the Contract. Price or an ,extension of the Contract Times, or both, directly .attributable to my such suspension if CONTRACTOR mak"s an approved- claim therefor as .provided in Articles I I arid 12, OwIVEH ,l/cep Ternunalei. 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently failsto.perform the'Wo& in accordance tdith the Contract Documents (includin'g but not lmiited too failure to supply sufficient .skilled workers or suitable'nimeriats or.equipment or failure to adhere to the progress schedule miblishcd ,under paragmph2.9 as adjusted from Aime to time pursuant to paragraph 6.6)', 15.2.2.:if CONTRACTOR ,disregards Laws or Regulations of any publk body havingjurisdictio ` 15 2 3. if CONTRACTOR disregards the authority of ENGINEER; ru 15.2.4. if CONTRACTOR otherwise violates.in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if ariy)-seven days'written ounce and to the:exient permitted by Laws acid Ree,uIaiion"s, terminate the services of CONTIUICTOR'etclucle CONTRACTOR Goat the site and take., possession of the Work and of all CONTRACTOR's tools. appliances, construction equipment and machinery at (Waite and use.the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in :the Work all materials and equipment stored at the site or for which OWNER has paid EXI)CG151MU .CONDITIO\'S 1910-3 (1990Editim) 32 W/ CITY OF FORT COLLI N. MoUtricATidNs(?XV 4200a) CONTRACTOR but which are, stored elsewhere,and finish theAVurk ns�OWNERmay. deem expedient:. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is firiished- If the impaid balance of the C ntract Price exceeds all clauus, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such'excess will be by ENGINEER as to their reasonableness and when so approved by ENGINF,'ER'incorporated in a'Chnnoe Order; provided that when exercising any rights :or remedies Linder, this, paragraph OW'NHR..;hall not be` required to obtain the lowestpriccTor the Work performed. 15.3. Where CONTRACTOR% services have hen so terminated'by OWNER, the ternination.will not affect any rights or remedies of .O\VNER against CONTRACTOR then existing -or which may theiesf�er accriri:. .Any re e-mio- r or payment of moneys due COh"'RACfOR_ by OWNER iv�ill not relaase CONTRACTOR from liability. 15.4. Upon seven days' written notice to C0NfRACf0R .and ENGINEER, OWNER' may, without cause and without prejudice to any other right or remedy of OWNER, elect to, terminate the Agreement. In such 'case, CONTRACTOR shall be Raid (without duplication ofanyitems): 15.4.1. forconiplcted and acceptable Work executed in accordance with the Contract bocumerits prior to the effective .date :of termination, including fair and reasonable sums for overhead and profit on such Wiiik, ' 15:4 2. for "penes sustained prior to the,effective date of temiination in perfonnmg services and fuhiishing labor, materials or equipment as required by the Contract Documents in 'connection with uncompleted Work; plus 1hir and reasonable sums for overhendand Oro fit on such expenses 15.4.3. for' all claims, costs, losses and damages incurred in settlement of terminated contracts with Subwntmctbrs: Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to terraination. CONTRACTOR shall not`be paid on account of loss of anticipated profits or revenue or other economic toss arising out of or resulting from such termination COA71Z,ICTO2AIgvStop Rork or Terminate: 15.5. If, through no act or fault of CONTRACf OR the Wort is,suspen&d fora period of more'than ninety days by OWNER or under an order of court cr other public authority, or FN(;INrER fails to act,onany Application for _Payment within thirty days after it is submitted or 01VNERfails for.thiity days to pay CONTRACTOR any 0 0 0 • 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 ($1,0 00.00) for each calendar day or fraction thereof that expires after the Thirty-five (35) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Five Hundred Dollars ($500.00) for each calendar day or fraction thereof that expires after the Thirty-five (35) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: One Million Four Hundred Forty -Four Thousand Four Hundred Twenty -Nine Dollars and Thirty -Nine Cents ($1,444 429.39), in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. If , in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER may determine that as long as the • character and progress of the Work remain satisfactory to them, there will • • determined to be due, then` CONTRACTOR sel•en days written notice to OWNER and and provided OWNER or ENGINEER do not h suspension or failure within that time, rc Agreement and recover from ,OWNER the same terms as provided in paragniph`15.4. to any other right or remedy ifENGINEER'has failed to act on an Application for Ni;aentavithin thirty days after it is submitted-or,OWNER has failed for thirty clays to pay CONTRACTOR anv sum finally determined to be due, all such amounts due CONTRACTOR, including interest thereon. The provisiolis,of this pnmgrnph'1,5.5 nre not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for sit increase in Contract price .or Contraci Times or otherwise `for expenses or damage directly attributable to CO1VT'RACIOR's stopping work as pcmtitted by this paragraph. - ARTICLE 16-DISPUTE RF-SOLUTION Wand to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for'. resolving. disputes, between their that may arise under :this Agreenwrit, such dispute resolution method and procedure; if ant•, shall he as.set forth in hzhibitGC-A, ",Dispute Resolution Agreement', to be,mtachcd hcreto'and made a part hereof:. If no'such _agreement on'tlie method and procedure -:for resolving such, disputes has bccn;rcached, and subject to, the provisions of„par�gmphs9:10, 9.11 .and 9.12; OWNM and CONTRACTOR may exercise such rights or,rcitwilics as either_ may otherwise have under the Contract Documents or 6y Lawsor Regulationsiu 'rispcct' ARTICLE 17-NUSCELLAeN'EOUS Gii,iug iVatice 17-.1. Whenever any , provision of the .Contract Documents requires the giving of written notice; it will be deemed to have bein validly given it' delivered in person to the individual or to a member of the firm, or to an (drat of the corporation foi whom it is intended of ie delivered at or sent by registered or 6atified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. ConWuldtion pj-Time 17.2.1. When any period of limeis referred to in the Contract Documents by days, if will be computed to 'exclude the first and lificlude the last day ;of such •perimt {f the last flay of iiriy'such periud falls on'a Saturday or Sunday gr on a day made i Icgafholiday b)• the law of the applicable jurisdiction, such clay will be omitted from thecompumtion. EKOCCEE.Eltni, cnnvrl ONS 1910-8 (1 M Edition) ak,ITY 4 i dt T cow r4� &f&6h'rCAT10VS (REV 4/?000) 17:2a. A calendtir they oftwemy-four' hours measured from midnight to the next midnight will constitute a day, Nance of Claim: 17:3, Should OWNIER or CONTRACTOR suffer injury or damage to person or property because'( any error, omission or act of the other party or of any of the other rty is regain, name. than wur oe maue in waning her liartywitlun a reaconable'time of the fins we ufsuch injury, or damage. The provisions of igraph 17 3;shall not be construed as a substitute waiver of the provisions'of omapplicable statute tions or repose.Cumii(udre Keni •cities: The .duties and,obligations_imposed by, these Conditions and the rights and remedies available s to tha parucs hcti'eto, Sarni, m particular' but limitation, the •wiirranties, guarantees :and ins imposed ,upon CONTRACTOR by rhs6.12; 6.16, 6.30, 6.31, 6.32, 13_1, 13-12,13.14, 115.2 and all:of the rights and remedies available IF.R and WGINrFF.R thercunder,,am in addition rc not to he construed in any Hay:asa limitation ights and rcmcdics availabk to any or allof them re otherwise imposed' or available ;by Laws or on% by,specisl warranty or guarantee or by other is of the Contracf Documents, and the provisions paragraph will he as cffccbvc ad if repeated By in the Contract Documents m'connxtiori with titular duty, obligation, right and remedy to which Professional I• eev and Court CpvtvIncluded., 17,5. Whenever reference ii made to "claims; costs, losses and damages", it skill include in eacii'casc, lout not Whi ted ited to, all fees and charges of engineers, architects; attorneys and other professionals and all court or aibifr noon or other dispute resolution costs. t76. The laws of die :State of t,,ologdo_ ppjk. this Agreement. Reference to'hvti pertinem Coloradostatutes areas -follows 17.61 If a claim is filed OWNER is required by law (CRS 35-26-107) to withhold from all payments to CONTRACTOR sufficient funds to insure the payment of all claims for labor, materials- twin hire: sustenance, provisions. provender, or other supplies used !or consumed by CONTRACTOR or .his 33 P 1 J000 ceN6TtAL CONUInOM 1910-S 0990 e(ttiail 34 Ulf CITY OF FORT COLLINS MODIFICATIONS=L 42000) r] crhis page left blank- intentionally:) • WCDCUFNERAL CONDIMONS 19105 (19W Editim). WICITY OF FORT (,UU,1N3 nfouu icnnovs ptavago w) E 35. • • EJCOC GEN%RAL CONDMON519104 h »v YditiaO 36 of CITY OF FORT COLLINS MOUIFICKI IONS (REV 4f2000) • EXfffBiT GC -A. to Ceneral Conditions of the Construction Contract: Between OWNER and -CONTRACTOR DISPUTE RESOLUTION ACREE%irw • 0 OWNTER_ and_ CONTRACTOR hereby, agru that Article 16 of the General Conditions of the Construction Contract between OWNFiR end CONTRAC•fOR is amended to'indudethe {olloarng agreement of the;patrties: 16.1: All claims, disnutes and other matters in to the Contract Documents or thereof (except for' -claims which havd-Been\waived 1)), the' nicking or acceptance of final payment as provided by paragraph 14.15) will be .decided by, arbitration ,in �nccordance ;with the Construction .Industry•, Arbitration Rules of .the American Arbitration Asweiation then obteiri4, subject to the l mitattons bf the Article 16. This agreement so to arbitrate and any ptlicr agrcuncnt.."or consent to arbitratc.cntcred into in accordance he 1s, provided in this Article 16 will be specifically enforceable .under the prcvailmg; lAv ofanycourthaving jurisdiction 162. No demand for arbitration of any claim, ,disputc. or other matter that - is required to� be reforest to- IIvTGINTEER initially for decision in .accordance with paragraph 9.11 will'�c made until the earlier of (a) the date on_ which• ENGINEER. has rendered a written decision.or (h) the thirty-first day after die parties fiat e preschtcd their' evidence to ENGINEER if.a written decision has not been rendered by. ENGINEER beforc.thai date. Nq demand for arbitration of any such claim, dispute or other matter will beI'me de later than thirty days after the date on which. ENCriNrFFR has rendered en written, decision in respect. thereof in accordance with paragraph 9. f 1; and the failure to demand arbitration within said,"Lliirty days period will result in ENGMEER's.clecrslon being final and bindutg; uiion OWNER and CONTRACTOR EE If ENGINR dzis a decision after arbitration. proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, crapi wltcic'the decision is acczptablg to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 910 will lie made later than ten Hays after the party mingaksuch demand has delivered written notice of intention to appeal as provided in oarax-7aph 9.1 o. - 16.3. Notice of the demand for•.arbitmtiim will. filed in %iiiing.with the.other party tq,the Agreement s with the American Arbitration Association and copy w be'sent to 'NGNEER'for information The demand I .arbitration will be made 'H•ithin the'"rty-6S­.or _tcritl period specified 'in paragraph 16.2 as applicable, and in other cases withina reasonable time after the claim, dispi ,or other matter in question has arisen, and in no event sh t JCDC (Jk:NERAL COINDITION'S 191M 0990 Edition) w/ CITY OF FORT.COLIINS MODIFICATIONS (REV 9199) 16A. Except as provided in paragraph 16.5 below, no arbitralion arising out of or relating, to the. Contract Documents shall'include by consolidation joinder or in any other manner .any �olher person or entity. (including ENGINEER- ENGINEER's Consultant and the officers; directors, agents, emplotee_s�oi consultants_ of any of their) who'is not a party to this contrictunless: 16:4 1 the inclusion of such other person or entity, is necessary if complete.relicf is to be afforded among tlrnsc whoire already parliis to the arbitration, Anil. 16.4.2. such . other person or entity ,is.'suhuannally involved in a question of law or fact which is common to -those who are already parties to the arbitration and which will crisp in such proccedmgs, and 16.4.3. the 'written consent of the other person or entity :,sought to be 'included and of OWNER and GONI'RAGl*OR has been obtained for such inclusion; which consent shall'make specific reference 6this p<imgmph; but no such consent shall constitute 66nserit to arbitration of any dispute not specifically described in such consent or to arbitration with any Rtrly not specifically identified in such consent. 16.5 Notwithstanding paragraph 16.4,'if a claim, ;pute'or othe'r matter in question betweea- OWNER .and ut all slbcorttrsrcis required by paragraph'6.11 a :provision whercby the Subcontractor consents to joined in an arbitration between :OWNER and ?ACTOR, Involving 6e Work of such tractor• Nothing'in this paragraph 163 nor in.the n of such subcontract consenting to ;joinder sliall any claim, right or cause of actin in levor of tractor and against OWNER, ENGINEER or IEER's Consuharits'that doe's not otherwise et ist. 16.6: The award rendered :by the arbitrators ,will be final, ludgmenbmay he entered upon it litany court having jurisdiction thereof, and it Will not be 'subject to m6difictiuon or,1appeal. 16.7: OWNER and CONTRACTOR agree that the), shall first submit •any and all unsettled claims; counterclaims disputes and ''other natters in question between them arising out'of or relating to the Contract Documents or the breach thereof("disputes"). to mediation by the American Arbitrrtiori Associatop under 'the Construction'Industry Mediation Rules of the American e' other 'a drnian,d for arbitration pursuant..to m 16.1 through' 16.6. unless delay ' imtiafing would irrevocably prejudice,oneof the parties: :live thirty and ten day time limits,within which 16.3 above shall be suspended with respect to a ubmitted to mediation within those 'same time limits and shall remain suspended until ten GC -Al FJCDC GENERAL CONDITIONS 1910-8 (1990 Editim) n9 CITY OF FORT COLLINS MODIFICATIONS (REV 9/941 OC-AI • • CJ 0 0 SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule zero 0 days lost due to abnormal weather conditions. 0 0 u • • SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Asphalt Surface Treatment Project — 2013 Renewal CONTRACTOR: A-1 Chipseal Co. PROJECT NUMBER: 7417 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 .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGNINAL CONTRACT % ADJUSTED CONTRACT COST $ .00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative . ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: DATE: DATE: DATE: DATE L� cc: City Clerk Contractor Project File Architect • Engineer Purchasing be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00520 Page 3 for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. 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C Q C Z 11 • 0 • 2012 ASPHALT SURFACE TREATMENT PROJECT GENERAL REQUIREMENTS INDEX SECTION 01010 Summary of Work 01040 Coordination 01310 Construction Schedules 01330 Survey Data 01410 Testing 01510 Temporary Utilities 01560 Temporary Controls O1700 Contract Closeout 01800 Method of Measurement and Basis of Payment PAGE NUMBERS General Requirements 1-2 General Requirements 3-4 General Requirements 5-6 General Requirements 7 General Requirements 8-9 General Requirements 10 General Requirements 1 I 1-12 General Requirements 13 General Requirements 14 SECTION 01010 SUMMARY OF WORK • 1.1 DESCRIPTION OF WORK A. This work shall consist of the placement of Chip Seal, Slurry Seal or Cape Seal on residential streets and parking lots as shown in Section 3500, Project Maps. B. Protection and Restoration. 1. Replace to equal or better conditions all items removed and replaced or damaged during construction. Restore all areas disturbed to match surrounding surface conditions. Also see tree protection standards. C. Construction Hours I. Construction hours, except for emergencies, shall be limited to 7:00 a.m. to 5:00 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 Engineer and/or inspection services because of such work. The cost for field engineering and inspection shall be $50.00 per hour. 1.2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES A. Notify private owners of adjacent property, utilities, irrigation canal, and affected governmental agencies when prosecution of the Work may affect them. B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary , to temporarily deny access or services. C. Contact utilities at least 48 hours prior to excavating near underground utilities. D. Contact all agencies at least 72 hours prior to start ofconstruction. Notify all agencies of the proposed scope of work schedule and any items which would affect their daily operation. E. Tom Knostman and/or Angel Ontiveros will be the Pavement Engineer/Project Manager for the City of Fort Collins. Tom Knostman 970-221-6576 Mobile 970-679-7947 Angel Ontiveros 970-221-6615 Mobile 970-218-1973 F. Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's convenience. 0 General Requirements - Page I of 14 SECTION 01010 SUMMARY OF WORK • UTILITIES Water: City of Fort Collins, Colorado 221-6700, Meter Shop 221-6759 Storm Sewer: City of Fort Collins, Colorado 221-6700 Sanitary Sewer: City of Fort Collins, Colorado 221-6700 Electrical: City of Fort Collins, Colorado 221-6700 Gas: Public Service Company of Colorado 482-5922, 221-8553 Telephone: U.S. West Communications 484-0300, 226-63 10 Traffic Operations: City of Ft. Collins, Colorado 221-6608 Cable Television: Comcast 493-7400 *Utility Locates Under One -call System 1-800-922-1987 AGENCIES Safety: 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: 221-6550 Emergency: 911 Postmaster: US Postal Service: 225-4111 Transportation: Transfort: 221-6620 END OF SECTION Larimer County Sheriffs Department: Non -Emergency: 221-7177 Ambulance: Poudre Valley Hospital Non -Emergency: 484-1227 Emergency: 911 General Requirements — Page 2 of 14 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 Preconstruction Conference will be held prior to the start of construction. 1. Contractor shall participate in the conference accompanied by all major Subcontractors, including the Traffic Control Supervisor assigned to the project. 2. Contractor shall designate/introduce Superintendent, and major Subcontractor supervisors assigned to the 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. 1.3 PROGRESS MEETINGS A. Contractor and the 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. Engineer and Resident Project Representative. 4. Traffic Control Supervisor 5. Others as may be requested by Contractor, Engineer or Owner. General Requirements — Page 3 of 14 SECTION 01040 COORDINATION • C. Minimum agenda shall include: P i I. 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 Engineer and Contractor shall agree to weekly quantities at the progress meetings. The weekly quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall be final and shall be the basis for the monthly progress estimates. This process ensures accurate monthly project pay estimates. END OF SECTION General Requirements — Page 4 of 14 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. I. Show the complete work sequence of construction by activity and location. 2. Show changes to traffic control. • 3. Show project milestones B. Report of delivery of equipment and materials. 1. Show delivery status of critical and major items of equipment and materials. 2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for equipment and materials, reference Section 01340. 1.4 PROGRESS REVISIONS A. Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when requested by Owner, and with each application for progress payment. B. Show changes occurring since previous submission. 1. Actual progress of each item to date. 2. Revised projections of progress and completion. C. Provide a narrative report as needed to define: 1. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of others. General Requirements — Page 5 of 14