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HomeMy WebLinkAbout389648 A-1 CHIPSEAL - CONTRACT - BID - 7256 HOT APPLIED CHIPSEAL OVERLAYCity of Fort Collins Purchasing Financial Services Purchasing Division 216 N. Mason St. 2ntl Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/Purchasing SPECIFICATIONS AND CONTRACT DOCUMENTS FOR HOT APPLIED CHIPSEAL OVERLAY - 2013 Renewal BID NO. 7256 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS 7.2.5 Application for Exemption Certificate • 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: N/A The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 2, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the • General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. • SECTION 01010 • SUMMARY OF WORK 1.1 DESCRIPTION OF WORK A. This work shall consist of application of a Polymerized Emulsified Asphalt Chipseal followed by a Hot Cover Coat of Aggregate, called HOT APPLIED CHIPSEAL OVERLAY including manhole and valve box adjustments on designated streets in the City of Fort Collins. Specific locations are described in Section 3500, Project Map. B. Protection and Restoration. 1. Replace to equal or better conditions all items removed and replaced or damaged during construction. C. Construction Hours 1. Construction hours, except for emergencies, shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, unless otherwise authorized in writing by the Engineer. After hour equipment operation shall be in accordance with Section 1560. 2. Any work performed by the Contractor outside of the construction hours, whether or not authorized by the Engineer, shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover the Owner' s costs in providing field services because of such work. The cost for inspection shall be $50.00 per hour. 1.2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES A. Notify private owners of adjacent property, utilities, irrigation canal, and affected governmental agencies when prosecution of the Work may affect them. . B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to temporarily deny access or services. C. Contact utilities at least 48 hours prior to excavating near underground utilities. D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of work schedule and any items which would affect their daily operation. E. Tom Knotsman/Kathleen Maddux will be the Pavement Engineer/Project Manager. Tom Knotsman 970-221-6576 Office 970-679-7947 Cell Kathleen Maddux 970-221-6615 Office 970-222-8781 Cell F. Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's convenience. Project Specifications - Page 2 of 13 is • 0 SECTION 01010 SUMMARY OF WORK UTILITIES Water: City of Fort Collins, Colorado 221-6700, Meter Shop 221-6759 Storm Sewer: City of Fort Collins, Colorado 221-6700 Sanitary Sewer: City of Fort Collins, Colorado 221-6700 Electrical: City of Fort Collins, Colorado 221-6700 - Gas: Xcel Energy Emergency 1-800-895-2999 Local Contact: Pat Kreager 970.566.4416 Telephone: UNCC/ 1-800-922-1987 Local Contact: Debbie Kautz 970.689.0635 Traffic Operations: City of Ft. Collins, Colorado 221-6630 Cable Television: Comcast 493-7400 Utility Notification Center of Colorado (UNCC) - 811 1-800-922-1987 AGENCIES Safety: Occupational Safety and Health Administration (OSHA): 844-3061 Fire: Poudre Fire Authority Non -Emergency: 221-6581 Emergency: 911 Police: City of Fort Collins Police Department Non -Emergency: 221-6540 Emergency: 911 Postmaster: US Postal Service: 225-4111 Transportation: Transfort: 221-6620 Traffic Engineering: 221-6630 END OF SECTION Latimer County Sheriffs Department: Non -Emergency: 221-7177 Ambulance: Poudre Valley Hospital Non -Emergency: 484-1227 Emergency: 911 Project Specifications - Page 3 of 13 SECTION 01040 COORDINATION 1.1 GENERAL CONTRACTOR RESPONSIBILITIES A. Coordinate operations under contract in a manner which will facilitate progress of the Work. B. Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner of performance of operations which affect the service of such utilities, agencies, or public safety. C. Coordinate operations under contract with utility work to allow for efficient completion of the Work. D. Coordinate all operations with the adjoining property owners, business owners, and surrounding neighborhoods to provide satisfactory access at all times and keep them informed at all times. 1.2 CONFERENCES A. A Pre -construction Conference will be held prior to the start of construction. 1. Contractor shall participate in the conference accompanied by all major Subcontractors, including the Traffic Control Supervisor assigned to the project. 2. Contractor shall designate/introduce Superintendent, and major Subcontractors supervisors assigned to 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 Engineer shall schedule and hold regular progress meetings at least weekly and at other times as requested by the Engineer or required by the progress of the Work. B. Attendance shall include: 1. Contractor and Superintendent. 2. Owner's Representatives. 3. Program Manager, Engineer, and Project Representative. 4. Traffic Control Supervisor 5. Others as may be requested by Contractor, Engineer or Owner. • Project Specifications - Page 4 of 13 0 • • SECTION 01040 COORDINATION C. Minimum agenda shall include: 1. Review of work progress since last meeting. 2. Identification and discussion of problems affecting progress. 3. Review of any pending change orders. 4. Revision of Construction Schedule as appropriate. D. The Project Representative and Contractor shall agree to weekly quantities at the progress meetings. The weekly quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall be final and shall be the basis for the monthly progress estimates. This process ensures accurate monthly project pay estimates. END OF SECTION Project Specifications - Page 5 of 13 SECTION 01310 • CONSTRUCTION SCHEDULES 1.1 GENERAL A. The Contractor shall prepare a detailed schedule of all construction operations and procurement after review of tentative schedule by parties attending the pre -construction conference. This schedule will show how the Contractor intends to meet the milestones set forth. 1. No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of delivery of equipment and materials. 1.2 FORMAT AND SUBMISSIONS A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual progress. B. Submit two copies of each schedule to Owner for review. I. Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others. C. The schedule must show how the street, landscaping and various utility work will be coordinated. 1.3 CONTENT A. Construction Progress Schedule 1. Show the complete work sequence of construction by activity and location. 2. Show changes to traffic control. 3. Show project milestones B. Report of delivery of equipment and materials. 1. Show delivery status of critical and major items of equipment and materials. 2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for equipment and materials, reference Section 01340. 1.4 PROGRESS REVISIONS A. Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when requested by Owner or Engineer, and with each application for progress payment. B. Show changes occurring since previous submission. 1. Actual progress of each item to date. 2. Revised projections of progress and completion. C. Provide a narrative report as needed to define: 1. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of others. Project Specifications - Page 6 of 13 • SECTION 01310 CONSTRUCTION SCHEDULES • 1.5 OWNER'S RESPONSIBILITY A. Owner's review is only for the purpose of checking conformity with the Contract Documents and assisting Contractor in coordinating the Work with the needs of the Project. B. It is not to be construed as relieving Contractor from any responsibility to determine the means, methods, techniques, sequences, and procedures of construction as provided in the General Conditions. END OF SUCTION Project Specifications - Page 7 of 13 SECTION 01410 • TESTING 1.1 GENERAL A. Provide such equipment and facilities as required for conducting field tests and for collecting and forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment are found to be acceptable. Any product which becomes unfit for use after approval shall not be incorporated into the work. B. All materials or equipment proposed to be used may be tested at any time during their preparation or use. Furnish the required samples without charge and give sufficient notice of the placing of orders to permit the testing. Products may be sampled either prior to shipment or after being received at the site of the work. C. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided, sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM). D. Where additional or specified information concerning testing methods, sample sizes, etc., is required, such information is included under the applicable sections of the Specifications. Any modification of, or elaboration on, these test procedures which may be included for specific materials under their respective sections in the Specifications shall take precedence over these procedures. 1.2 OWNER'S RESPONSIBILITIES A. Owner shall be responsible for and shall pay all costs in connection with testing for the following: 1. Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner. 1.3 CONTRACTOR'S RESPONSIBILITIES • A. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible for and shall pay all costs in connection with testing required for the following: 1. All performance and field testing specifically called for by the specifications. 2. All retesting for Work or materials found defective or unsatisfactory, including tests covered under 1.2 above. 3. All minimum call out charges or standby time charges from the tester due to the Contractor's failure to pave, pour, or fill on schedule for any reason except by action of the Engineer/Engineer. B. Contractor shall notify the Engineer 48 hours prior to performing an operation that would require testing. 1.4 CONTRACTOR'S QUALITY CONTROL SYSTEM A. General: The Contractor shall establish a quality control system to perform sufficient inspection and tests ofall items of Work, including that of his subcontractors, to ensure conformance to the functional performance ofthis project. This control shall be established for all construction except where the Contract Documents provide for specific compliance tests by testing laboratories or engineers employed by the Owner. The Contractors' control system shall specifically include all testing required by the various sections of these Specifications B. Superintendence: The Contractor shall employ a full time Superintendent to monitor and coordinate all facets of the Work. The Superintendent shall have adequate experience to perform the duties of Superintendent. Project Specifications - Page 8 of 13 • SECTION 01410 TESTING C. Contractor's quality control system is the means by which he assures himselfthat 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 the Engineer weekly. END OF SECTION Project Specifications - Page 9 of 13 SECTION 01510 • TEMPORARY UTILITIES UTILITIES A. Furnish all utilities necessary for construction. B. Make arrangements with Owner as to the amount of water required and time when water will be needed. 1. Meters maybe 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. Famish temporary sanitary facilities at each site for the needs of construction workers and others performing work or furnishing services on the Project. B. Properly maintain sanitary facilities of reasonable capacity throughout construction periods. C. Enforce the use of such sanitary facilities by all personnel at the site. D. Obscure from public view to the greatest practical extent. END OF SECTION • Project Specifications - Page 10 of 13 SECTION 01560 TEMPORARY CONTROLS 1.1 NOISE CONTROL A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated areas. B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. C. Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 a.m. 1.2 DUST CONTROL A. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing. 1.3 POLLUTION CONTROL A. Prevent the pollution of drains and water courses by sanitary wastes, concrete, sediment, debris and other substances resulting from construction activities. See Project Specifications Section 208 Storm Water and Inlet Protection and Section 04000 Environmental Standard Operating Procedures (ESOP) contained herein. 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. 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 revision 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. 1.6 HAUL ROUTES The City reserves the right to set haul routes in order to protect pavements, both new and old, from heavy loads. These pavements may include, but are not limited to, recently constructed pavements, recently overlaid pavements, and/or pavements whose condition would be significantly damaged by heavy loads. END OF SECTION Project Specifications - Page 1 I of 13 • • OWNER: CITY OF FORT COLLINS By: X GERRY PAUL DIRECTOR OF PURCHASING AND RISK MANAGEMENT Title: / City Clerk Address for giving notices: P. O. Box 580 Fort Collins, CO 80522 • Appr�ed as tv�G� Assi & nt City Attorney 0 SEAL CONTRACTOR: A-1 Chip Seal Co. By: kil PRINTED Title: V i u_ Date: (CORPORATE SEAL) Attest , Address for giving notices: License No.: SECTION 01700 CONTRACT CLOSEOUT 1.1 CLEANING AND RESTORATION A. Return the premises and adjacent properties to conditions existing orbetter than existing at the time the work was begun. This will include providing labor, equipment, and materials for cleaning, repairing, and replacing facilities damaged or soiled during construction. The Engineer will be the judge of the degree of restoration required. END OF SECTION Project Specifications - Page 12 of 13 16 SECTION 01800 METHOD OF MEASUREMENT AND BASIS OF PAYMENT 1.1 DEFECTIVE WORK A. Owner will not pay for defective work and will not pay for repair or additional work required to bring the project to a point of acceptance. 1.2 BID PRICE A. The Total Bid Price covers all Work required by the Contract Documents. All work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included in the prices bid for the various items of Work. B. Prices shall include all costs in connection with the proper and successful completion of the Work, including furnishing all materials, equipment and tools; and performing all labor and supervision to fully complete the work. C. Unit prices shall govern over extensions of sums. D. Unit prices shall not be subject to re -negotiation. 1.3 ESTIMATED QUANTITIES A. All quantities stipulated in the Bid Form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The basis of payment shall be the actual amount of materials furnished and Work done. • B. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amount of Work actually performed and materials actually furnished and the estimated amount therefor. END OF SECTION • Project Specifications - Page 13 of 13 SECTION 02000 PROJECT SPECIFICATIONS The Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction", latest edition, and the current Larimer County "Urban Area Street Standards" (hereafter referred to as the "Standard Specifications"), are made a part of this Contract by this reference, except as revised herein, and are hereby adopted as the minimum Standard Specifications of Compliance for this project. In those instances where the Standard Specifications conflict with any of the provisions of the preceding sections, the preceding sections shall govern. INDEX OF REVISIONS SECTION 104 Scope of Work - Traffic and Parking Control 105 Control of Work 108 Prosecution and Progress 208 Erosion Control and Inlet Protection 210 Reset Structures 401 Plant Mix Pavements — Hot Applied Overlay 409 Seal Coat — Chip Seal 627 Pavement Marking 630 Construction Zone Traffic Control • REVISION OF SECTION 104 TRAFFIC AND PARKING CONTROL Section 104 of the Standard Specifications is hereby revised as follows: MAINTAINING TRAFFIC Subsection 104.04 shall include the following It shall be the Contractor's responsibility to clear parking from the streets when such parking will interfere with the work. Prior to work that requires the street(s) to be closed to parking and/or traffic; the street(s) shall be posted for "No Parking". The placement of these signs shall take place at least 24 hours prior to the connnencement ofwork and shall clearly show the type of work, date and times that the message on the sign is in effect. For example, if a street is to be patched on Wednesday, July 2, the street shall be posted no later than Tuesday, July 1, by 7:00 a.m. with a sign that reads similar to "NO PARKING, WEDNESDAY, JULY 2, 7:00 A.M. TO 6:00 P.M., HOT CHIP OVERLAY (see sample "No Parking" sign). "No Parking" signs shall remain in place until the street is opened to traffic and all clean up operations completed. No Parking signs may be placed, maintained, and removed by a representative of the Contractor, the Traffic Control Supervisor, or a Flagger. All information on the "NO PARKING" signs, with the exception of the type of work, date and times shall be in block letters permanently affixed to the sign. Any information added to a sign, such as dates, shall be clearly legible and written in block style letters. The "NO PARKING" signs shall be in effect for one or two days only. In the event the Contractor deems it necessary to remove a vehicle that has not adhered to the "No Parking" notification, the Contractor shall first make every reasonable effort to locate and contact the owner of the vehicle. Should the Contractor be unable to locate the owner of the vehicle, the Contractor should notify the Engineer to arrange for towing. if the "No Parking" sign has been in place for a minimum of 24 hours, the City will make every reasonable effort to remove the offending vehicle within four (4) hours of notification by the Contractor. The Contractor shall not be entitled to any additional compensation for delays associated with the towing of illegally parked vehicles. Any work done by the Contractor without traffic control or traffic control "No Parking signs" will not be paid for " under the terms of this Contract. The Owner shall deduct $1,000.00 for each traffic control day for said conditions. At or near the end of each work day, a representative of the Contractor, the Traffic Control Supervisor, and the Engineer will meet to discuss the progress of the work and the placement of traffic control devices including "No Parking" signs. The quantity of traffic control devices used that day and for the next day shall be agreed upon by the Contractor and the Engineer. Any necessary adjustments shall be made. At this time the Contractor shall also review with the Engineer the proposed means of handling parking and traffic control for the upcoming work. /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 limes to all businesses within the project and shall communicate their schedule 48 hours prior to work to all businesses and residents effected by their work. Any changes in the traffic control, as directed by the Engineer, including additional signs, barricades, and/or daggers needed in the field shall be immediately implemented. Traffic Control costs including but not limited to furnishing equipment, equipment set up/removaUmodification, TCS and Flagging personnel, vehicles, phones, notiftcation delivery, hand signs, communication devices, sandbags, and all related incidental items required for traffic control under this contract shall not be paid for separately. "Additional Variable Message Boards" and "Additional Flagging" hours shall be paid for under Section 630, "Construction Zone Traffic Control". 0 Project Specifications — Page 2 of 34 NO PARKING ..Wed JUlY z 7:00 AM 6moo PM HOT CHIP OVERLAY END OF SECTION Project Specifications — Page 3 of 34 • Is is • 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 may be 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. COOPERATION BY CONTRACTOR Subsection 105.10 shall include the following: The City's commitment to our Environmental Management System (EMS) requires that vehicles on City projects shall comply with the adoption of a "Limitation on Engine Idling" to reduce environmental impacts related to construction. Please comply by turning off vehicles that are not in use instead of idling for long periods (more than three minutes, as a general rule). COOPERATION WITH UTILITIES Subsection 105.11 shall include the following: • City Utilities, Parks, Traffic, Streets, concrete and utility contractors may perform work related to the project within or near the limits o f this project. The Contractor shall conduct the Work without interfering or hindering the progress or completion of the work being performed by other contractors. The Contractor shall coordinate extensively with These entities to minimize traffic control and scheduling conflicts, and ensure timely completion of all the work. INSPECTION AND TESTING OF WORK Subsection 105.16 shall include the following: The Contractor shall keep the Engineer informed of future construction operations to facilitate scheduling of required inspection, measuring for pay quantities, and sampling. The Contractor shall notify the Engineer a minimum of 24 hours in advance of starting any construction operation that will require inspection, measuring for pay quantities, or sampling. Failure of the Contractor to provide such notice will relieve the owner and the Engineer from any responsibility for additional costs or delays caused by such failure. Inspection of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his contract as prescribed. Work and materials not meeting specifications shall be corrected and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been previously inspected by the Engineer or that payment therefore has been included in the progress estimate. MAINTENANCE DURING CONSTRUCTION Subsection 105.19 shall include the following: The roadway area, including curb, gutter, and sidewalk adjacent to and throughout the construction area shall be cleaned of debris by the Contractor at the earliest opportunity, but in no case shall the area not be cleaned after the completion ofthe day's work. It shall be the Contractor's responsibility to provide the necessary manpower and equipment to satisfactorily clean the roadway area. isProject Specifications — Page 4 of 34 REVISION OF SECTION 105 • CONTROL OF WORK The Contractor shall utilize a combination of pick-up brooms, side brooms, and/or other equipment as needed to clean the streets. All sweeping and clean up equipment shall be approved by the Engineer prior to the commencement of work. The Contractor shall maintain the streets during the construction process as prescribed above If a street requires additional sweeping by City forces, the Owncr shall deduct from compensation due the Contractor sufficient funds to cover the Owner's cost to provide said service. All cost of maintaining the work during construction and before the project is accepted will not be measured and paid for separately, but shall be included in the work. END OF SECTION • Project Specifications — Page 5 of 34 • REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised as follows: SCHEDULE Subsection 108.03 shall include the following: A schedule of work must accompany any bid, and shall include number of working days per area to complete all unit work items covered by the contract. Vicinity maps of each area are included in Section 03500, Project Maps. The schedule shall take any priorities into consideration. The schedule shall also include projected start and end dates. Individual street quantities are described in Section 02500, Quantity Estimates. Prior to award, mutually acceptable milestones shall be determined by the Contractor and the City based on the schedule of working days discussed above. LIMITATION OF OPERATIONS Subsection 108.05 shall include the following: The work shall be completed within the following calendar months: JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC a^ • DETERMINATION AND EXTENSION OF CONTRACT TIME Subsection 108.08 shall include the following: Working hours shall be 7:00 a.m. to 6:00 p.m., Monday through Friday, or as approved by the Engineer. Saturday and Sunday work may be required at arterial street intersections. Time restrictions may be enforced on arterial streets for work at major intersections (see Section 630, Construction Zone Traffic Control). All Work is to be completed within thirty five (35) consecutive working days during the months of June though August. FAILURE TO COMPLETE WORK ON TIME Subsection 108.09 shall include the following: Failure to meet the agreed upon milestones, mobilize to an area within days specified, or fully complete the project in thirty five (35) consecutive working days, shall result in liquidated damages assessed against the Contractor. At the City's option, liquidated damages in the amount of $ 1,000.00 per day may be retained from any monies due the Contractor, or- the City may retain an additional contractor(s) to complete the work, or portion thereof, and retain any costs incurred above and beyond the bid prices of the Contractor from any monies due the Contractor in lieu of liquidated damages. END OF SECTION • Project Specifications — Page 6 of 34 REVISION OF SECTION 208 EROSION CONTROL AND INLET PROTECTION Section 208 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 208.01 shall be revised as follows: This work shall consist of constructing, installing, maintaining, and removing when required, erosion control measures during the installation and at a minimum at all inlets to prevent or minimize erosion, sedimentation, and pollution ofany state waters. Work shall be in accordance with the latest revisions of the City of Fort Collins Urban Drainage and Flood Control District Urban Drainage Criteria Manual, the City of Fort Collins Environmental Standard Operating Procedures contained herein, section 04000, and the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction. Any loss of time or materials related to erosion shall be the sole responsibility of the Contractor. Any damage to surrounding properties or facilities (either on site or offsite) related to erosion caused by construction of this project, will be the sole responsibility of the Contractor. MATERIALS Subsection 208.02 shall include the following: Contractor will submit the type of material to be used for erosion control measures prior to beginning the work. See Section 03000. Straw wattles shall not be allowed. 1. Inlet protection shall include sufficient length to protect around the perimeter of the inlet opening. 2. Erosion control devices around inlets near the load site shall be required. • 3. Erosion control devices on the downhill side of an aggregate stockpile shall be required. Recycled Rubberized Inlet Protection shall meet the following requirements: 1. Infill material: Shredded recycled rubber 2. Weight: Approximately 10 lbs per linear foot 3. Diameter: Approximately 9 inches 4. Geotextile fabric: Made of a durable fabric with a typical weight of 6-10 oz/yd. CONSTRUCTION REQUIREMENTS Subsection 208.03 shall include the following: All erosion control measures must be installed prior to starting work. It shall be the responsibility of the Contractor to ensure that all roadways near the project are kept clean of construction debris that may enter the inlets during the course of the work. Inlet filters All storm drainage system inlets shall be filtered unless better treatment is available before water is discharged into streams or onto adjacent properties. These methods are applicable to existing and proposed drain systems that will be operational before the drainage basin is stabilized. Project Specifications — Page 7 of 34 0 REVISION OF SECTION 208 EROSION CONTROL AND INLET PROTECTION Drop Inlets Drop inlets in unpaved areas shall be filtered with straw bales anchored with wooden stakes as shown in Figure D- 23. Drop Inlets in paved areas shall have gravel filters Figure D-24. Materials other than straw bales must be demonstrated to provide the same level of treatment before acceptance by the Engineer. Straw bales shall be placed in a single row tightly butted end -to -end or overlapped and staked. The bales shall be installed to a minimum depth of four inches. After bales are installed and staked, loose strawwill be wedged between bales and soil shall be backfilled three inches against the filter on the run off side. Curb -opening Inlets Curb -opening Inlets shall be filtered with a combination of concrete blocks, 1/2 —inch wire screen and coarse gravel (3/4 - inch) constructed according to Figure D-25, or as Approved by the Engineer. Maintenance The Contractor shall continuously maintain all erosion and sediment control features so that they function properly during site construction. Sec Detail SC-5 contained herein. All inlet filters shall be inspected and repairs made after each runoff event. Sediments shall be removed when one half the design depth have been filled. Removed sediments shall be properly disposed. Sediments shall be removed immediately from the traveled way of roads and streets. METHOD OF MEASUREMENT Subsection 208.11 shall include the following: Payment will be made by the lineal foot for gravel or recycled rubber wattle inlet protection devices installed and accepted at each location within the work area or as required by the Engineer. The length shall be sufficient to protect the inlet opening and sides of the inlet grate. Excessive lengths shall not be paid. When a protection device is installed at a new location, whether the protection device is new or has been relocated; an additional payment will be made for the protection of the location. Payment for straw bales shall be made by each protection device per location installed and accepted or as required by the Engineer. Excavation required for removal of accumulated sediment from traps, basins, and other clean out excavation of accumulated sediment, and the disposal of such sediment, shall be considered incidental to the work and not be paid separately. Street sweeping for sediment from inlet protection will not be measured or paid for separately but shall be incidental to the work. A protection device shall be installed at load sites and on the down hill side of stock piles or as directed by the Engineer and shall be considered incidental to the work and shall not be paid for separately. All construction material that enters an inlet due to work under this contract shall be removed from the inlet interior and removed from the site to an approved disposal location. This work shall not be paid for separately. 0 Project Specifications — Page 8 of 34 SECTION 00530 NOTICE TO PROCEED Description of Work: 7256 Hot Applied Chipseal Overlay 2013 Renewal To: A-1 Chipseal Co. This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within () calendar days from receipt of this notice as required by the Agreement. Dated this day of ,20 The dates for Substantial Completion and Final Acceptance shall'be 20_ • and , 20_, respectively. City of Fort Collins OWNER M Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of .20 . CONTRACTOR: A-1 Chipseal Co. In Title: • REVISION OF SECTION 208 EROSION CONTROL AND INLET PROTECTION BASIS OF PAYMENT Subsection 208.12 shall include the following: Payment will be made under: Pav Item 208.01 Stonnwater Protection - Rock Sock Wattle 208.02 Stormwater Protection — Recycled Rubber Wattle 208.03 Stonnwater Protection - Straw Bales Unit Lineal Foot Lineal Foot Each The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, traffic control devices, personnel, and related traffic control incidentals, and for doing all work involved in installing, maintaining, and removing when required, erosion control measures, as specified in these specifications, as shown on the plans, and as directed by the Engineer. END OF SECTION Project Specifications — Page 9 of 34 0 0 0 • REVISION OF SECTION 210 RESET STRUCTURES Section 210 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 210.01 shall include the following: The work shall consist of removing, resetting, or adjusting existing manholes, water valve risers, and survey monument boxes. CONSTRUCTION REQUIREMENTS Subsection 210.02 shall include the following: Manholes, valve valves, survey boxes, and all other similar structures located in a pavement shall require adjustment as noted below. Prior to beginning any construction on existing streets that will receive reconstruction and/or overlay; the Contractor shall mark on the curb and gutter with white paint the location of all existing structures. These markings shall be maintained by the Contractor until the work has been completed and accepted by the Engineer. The Contractor shall do all work needed to ensure that said structures can be readily adjusted and shall have all necessary materials, equipment, and tools on hand prior to commencing the work. Contractor shall verify that manholes and valve boxes can be adjusted prior to installation of the Work Manholes shall be adjusted to be 1/8"- 1/2" below the pavement. All Valve box adjustments shall be no greater than • 1/4" below the pavement. When the manhole adjustment is complete, the slope of the top surface of the manhole cover shall match the slope of the pavement in both the longitudinal and traverse directions to within one percent (I %). Any manhole cover which is unstable or noisy under traffic shall be replaced/re-installed by the Contractor or as directed by the Engineer. The Contractor shall be responsible for immediately cleaning all construction materials that may fall into manholes, valve boxes, inlets or other structures during the construction process. The Engineer will also notify the Contractor in writing of any structures that were covered during the paving operation. The Contractor shall then have five (5) working days to make structure accessible or shall be subject to a reduction in payment for sufficient compensation with respect to a third party completing the work. Subsection 210.10 shall include the following: The Engineer shall determine the method of adjustment for each structure. The method of adjustment for each Valve box structure shall be as followings: Adjust by turning the existing top section to the proper grade (heating the inside only of the top section with a torch shall be permitted): This item shall be measured and paid for separately under "Adjust Valve BOX'. The Contractor shall exercise reasonable care while attempting to adjust the valve boxes. If the Contractor is negligent and breaks the valve riser, the riser shall be replaced at the Contractor's expense. • Project Specifications — Page 10 of 34 REVISION OF SECTION 210 • RESET STRUCTURES 2. Adjust by inserting Tyler 6860 Series, Item R 69, Screw Type Adjustable Riser manufactured by the Tyler Manufacturing Company or an approved equal, including material (parts): This item shall be measured and paid for separately under "Adjust Valve Box with Tyler 6860 Series, Item R 69, Screw Type Adjustable Riser, including part". 3. Adjust with adjusting ring: This item shall be measured and paid for separately under "Adjust Valve Box with Ring", excluding material (part). Riser rings shall be provided by the City. The method of adjustment for each Manhole structure shall be as followings: 1. Manholes shall be adjusted with locking adjusting rings. This item shall be measured and paid for separately under "Adjust Manhole with Locking Ring". Locking rings shall be provided by the City. METHOD OF MEASUREMENT Subsection 210.12 shall include the following: The accepted quantities of Adjust Manholes, Valve Boxes, and Survey Monuments shall be paid for at the contract unit price per each. Traffic control, non -shrink grout, concrete, haul and disposal shall not be measured and paid for separately but shall be included in the contract unit price for each type of adjustment. In the event that structures are not adjusted within the specified time frame, the City shall have the right to engage a third party to complete the work and to withhold the cost of such work from payments due the Contractor. BASIS OF PAYMENT Subsection 210.13 shall include the following: • Payment will be made under Pay Item Unit 210.01 Adjust Valve Box Each 210.02 Adjust Valve Box with Tyler 6860 Series, Item R 69, Screw Type Adjustable Riser, Including Parts Each 210.03 Adjust Valve Box with Ring Each 210.04 Adjust Manhole with Locking Ring Each The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, required traffic control devices, personnel, and related traffic control incidentals, and for all work involved in adjusting structures, complete -in -place, including haul and disposal, as shown on the plans, as specified in the specifications, and as directed by the Engineer. END OF SECTION Project Specifications — Page l 1 of 34 0 • • REVISION OF SECTION 401 PLANT MIX PAVEMENTS — HOT APPLIED OVERLAY DESCRIPTION The overlay portion of the Hot Applied Chip Seal Overlay installation shall conform with the latest revision of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction', Section 401, and as noted herein. The Contractor shall re -notify residents and businesses at least 48 hrs prior to starting the second phase of the installation (see Revision of Section 409). MATERIAL Subsection 401.02 shall include the following: Rubberized Liquid Asphalt Material (Tack Coat) Asphalt tack coat shall consist of rapid setting cationic emulsified asphalt (CRS-2P). The asphalt cement shall be polymer modified prior to emulsification and shall contain a minimum of 3% styrene-butadien-styrene (SBS) block copolymer by weight of asphalt cement. The emulsion, standing undisturbed for a minimum of 24 hours, shall show no milky white separation, but shal I be smooth and homogeneous throughout. The Contractor, or the supplier as their agent, shall deliver to the Engineer, a certification signed by an authorized representative of the supplier that covers the quality and quantity of material and the condition of the container for each shipment. The emulsified asphalt material shall meet the following specifications: The emulsified asphalt material shall meet the following specifications: The CRS-2P shall conform to the following specifications: Tests on Emulsion (CRS-2P) Minimum Maximum AASHTO Test No. Viscosity, at 50°C, Saybolt Furol, s 50 450 T 59 Storage Stability, 24-hr, % Max 1 T 59 Particle Charge Test Positive Positive T 59 Sieve test, % Max 0.10 T 59 Demulsibility, %Min 40 T 59 Oil Distillate by Volume, % Max or Range 3.0 T 59 Residue by distillation/ Evaporation, % min 65 T 59/ CP-L 2212 Tests on Residue (b) Minimum Maximum AASHTO Test No. Penetration, 25°C, I00g, 5s, min, drum 70 150 T 49 Ductility, 25°C, 5 cm/min, cm, min T 51 Ductility, 4°C, 5 cm/min, cm, min T 51 Solubility in Trichloroethylene, % min 97.5 T 44 Elastic Recovery, 25' C T 301 Float Test, 60' C, s min T 50 Toughness, in-Ibs, min 70 CP-L 2210 Tenacity, in-Ibs, min 45 CP-L 2210 Project Specifications — Page 12 of 34 REVISION OF SECTION 401 PLANT MIX PAVEMENTS— HOT APPLIED OVERLAY a) The Contractor shall submit a Certificate of Compliance from the supplier for the above testing. This certificate shall verify that the material conforms to the applicable project specifications and revisions within the construction year. b) CP-L 2212 is a rapid evaporation test for detennining percent residue of an emulsion and providing material for tests on residue. CP-L 2212 is for acceptance only. If the percent residue or any test on the residue fails to meet specifications, the tests will be repeated using the distillation test in conformance with AASI-ITO T-59 to determine acceptability. c) For polymerized emulsions the distillation and evaporation tests will in be conformance with AASHTO T- 59 or CP-L 2212 respectively with modifications to include 205 +/- 5° C maximum temperatures to be held for 15 minutes. d) The Demulsibility test shall be made within 30 days from the date of shipment. The material shall be accepted at the distributor. Each load of emulsified asphalt shall be accompanied with a certificate of analysis/compliance and submitted to the Engineer to assure that it is the same as that used in the mix design. The Contractor shall supply samples for testing upon request of the Engineer. A one -quart sample of the emulsion shall be submitted from the first delivery. The source of the base asphalt, polymer, additives, and supplier shall be stated on the sample and shall not change during the course of construction. Overlay Aggregate 0 The overlay aggregate shall be 3/8" minus, washed, hard, sound, crushed quarry stone (gray granite) free from • dirt, organic matter, clay balls, adherent films of clay, or other objectionable material. The aggregate shall contain 100% fractured faces produced by the fracturing process. Manufactured aggregate shall not be used. All aggregate material used shall be of the same material source and must comply with the following: Test on Cover Aggregate Maximum Test LA Abrasion, % loss 20 ASTM C 131 Flat & Elongated (3 to 1), % 12 ASTM D4791 Absorption, % 2 AASFITO T 85 Sodium Sulfate 15 AASHTO T 104 Magnesium Sulfate 20 AASHTO T 104 Fractured Faces, % 100 minimum ASTM D5821 Plastic Index (Fines) Non -Plastic Aggregate shall conform to the following gradation: Sieve Size 1/2" Overlay 3/8" Overlay 3/4" 100% 1/2" 100% 100% 3/8" 60-90% 100% 1/4" N/A 25-60% No. 4 25-35% 25-35% No. 8 15-25% 15-25% No. 200 3-8% 3-8% AC 20 5-5.5% 5.5-6% Project Specifications — Page 13 of 34 0 • REVISION OF SECTION 401 PLANT MIX PAVEMENTS— HOT APPLIED OVERLAY MATERIAL APPLICATION RATE TABLE Material 1/2" Chip 3/8" Chip 1/4" Chip CRS-2P-Chip Seal 0.32-0.38 GAUSY 0.30-0.36 GAK/SY 0.24-0.30 GAUSY Aggregate -Chips 25 LBS/SY Minimum 23 LBS/SY Minimum 20 LBS/SY Minimum CRS-2P-Tack Coat* 0.10-0.13 GAUSY 0.10-0.13 GAUSY 0.10-0.13 GAUSY Aggregate -Overlay 85 LBS/SY Minimum 75 LBS/SY Minimum LBS/SY Minimum COi-lhl using the above application rate may be substituted for CRS-2P as approved by the Engineer MIX DESIGN At least one week prior to commencement of work, the Contractor shall submit a signed mix design covering the specific materials to be used on the project. This design shall be performed by a qualified laboratory. Once the materials are approved, no substitution will be permitted, unless first tested by the laboratory preparing the mix design and approved by the Engineer. 1. Mix Design The qualified laboratory shall develop the job mix design and present certified test results for the Engineers approval. Compatibility of the aggregate and emulsion shall be verified by the mix design. All component materials used in the mix design shall be representative of the material proposed by the Contractor for use on the project. CONSTRUCTION REQUIREMENTS General The Overlay. shall be applied within five working days of the Chip Seal application. The Contractor shall be responsible to adjust all utility covers to finished grade and clean covers following the installation of the overlay (see Section 210, Reset Structures). The Contractor shall be responsible for re -locating, re -protecting, and re -cleaning of all utility covers following the application of material. Inlet protection for erosion control and inlet infiltration shall be maintained at all inlets during all phases of the work. Test Section - A 200 square yard test section shall be placed to determine actual application rates of aggregates and emulsion. Subsection 401.07 shall include the following: The pavement surface temperature shall be a minimum of 50 degrees and rising. The Overlay Material shall have a minimum temperature of275F and shall be applied at a minimum 85 pounds per square yard. The material shall be spread and struck off to the established grade and proper elevation. Subsection 40 1.11 shall include the following: Tack coat using CRS-2P (0.10-0.13 gallons per square yard), or approved equal, may be applied over the existing Chip Seal prior to the overlay installation. 0 Project Specifications — Page 14 of 34 REVISION OF SECTION 401 PLANT MIX PAVEMENTS — HOT APPLIED OVERLAY Subsection 401.12 shall include the following: The existing Chip Seal surface shall be swept and the surface shall be cleaned of loose or objectionable material as directed by the Engineer. Subsection 401.16 shall include the following: Equipment Asphalt Distributor: The distributor truck shall be equipped with a computerized rate control for applying the CRS-2P Tack Coat at a uniform rate ofapplication on variable widths of surface up to 18 feet. The nozzle angle and bar height shall be set to provide one hundred percent of double coverage in a single pass. Paver The I -lot Chip Seal paver shall be of a type normal for the placement of hot asphalt material. The paver shall be self-contained, power propelled units provided with an adjustable activated screed, heated and capable of spreading and finishing course material on variable widths of surface up to 18 feet. Rollers A minimum of two self-propelled steel wheel rollers will be used to seat the overlay. The steel drum rollers shall be double drum rollers with a loaded rate of five tons. A minimum of two of more passes shall follow immediately to seat and cool the material. The surface shall be available to traffic within 15 minutes after finish rolling has been completed. The rubber tired rollers shall have a gross load adjustable to apply 200-250 pounds per inch of rolling width. Tire pressure shall be specified for the pneumatic tire rollers and shall not vary more than plus or minus 2.0 psi. At no time shall the rollers travel more than ten miles per hour. METHOD OF MEASUREMENT Subsection 401.21 shall be revised as follows: The overlay shall be measured and paid for by the square yard of street sealed and accepted by the Engineer. If the yield for the Chip Seal and/or Overlay is determined to be below the minimum or above the application rates specified herein, they will be subject to rejection or a price reduction as follows: AMOUNT BELOW & ABOVE MINIMUM APPLICATION RATE - AGGREGATE OR EMULSION PERCENTAGE REDUCTION IN FINAL PAYMENT FOR AGGREGATE OR EMULSION 1 _5% 10% or Rejection 5 - 10% 20% or Rejection 10% + To Be Determined by the Engineer Project Spec ifications — Page 15 of 34 9 • REVISION OF SECTION 401 PLANT MIX PAVEMENTS — HOT APPLIED OVERLAY The Contractor shall check quantities with run sheets to avoid the penalties described above. Yield estimates with supporting documentation from the metering devices and material delivery tickets will be provided by the Contractor daily. Proper spread rates and material proportions are the sole responsibility of the Contractor. The Engineer will periodically check quantities using run sheets. BASIS OF PAYMENT Subsection 409.10 shall include the following: Payment will be made under: Pay Item Unit 401.01 Hot Applied Chip Seal Overlay Square Yard The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, required traffic control devices, personnel, and related traffic control incidentals, and for all the work involved in Hot Applied Chip Seal Overlay, complete -in -place, including haul and disposal, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION 0 • Project Specifications — Page 16 of 34 REVISION OF SECTION 409 SEAL COAT —CHIP SEAL Section 409 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 409.01 shall be deleted and replaced with: This item shall consist of famishing and installing asphalt and cover coat material (Chip Seal) on an existing surface, in accordance with these specifications and in conformity with the existing lines and grades of the existing surfaces including all labor, materials, equipment, and traffic control. A flyer or door hanger shall be submitted to the Engineer for approval one (1) week prior to construction. The flyer shall include a local or toll free contact number for the Contractor and include the following: "Learn more about the City of Fort Collins Street Maintenance Program and Find answers to common questions by visiting www.fceov.coin/streets". The Contractor shall notify residents and businesses at least 48 hrs prior to starting each phase ofthe installation (see Revision of Section 630, Construction Zone Traffic Control). MATERIAL Subsection 409.02 shall include the following: Asphalt Emulsion Polymerized cationic rapid set emulsified asphalt (CRS-2P), or equivalent, shall be an emulsified blend of polymerized asphalt, water, emulsifiers, and polymer. The asphalt cement shall be polymer modified prior to emulsification and shall contain a minimum of 3% styrene-butadiene-styrene (SBS) block copolymer by weight of asphalrcement. The emulsion, standing undisturbed for a minimum of 24 hours, shall show no milky white separation, but shall be smooth and homogeneous throughout. The emulsion shall be capable of being pumped and suitable for application through a distributor truck. The CRS-2P shall conform to the following specifications: Tests on Emulsion (CRS-2P) Minimum Maximum AASHTO Test No. Viscosity, at 50°C, Saybolt Furol, sec 50 450 T 59 Storage Stability, 24-hr, % Max I T 59 Particle Charge Test Positive Positive T 59 Sieve test, % Max 0.10 T 59 Demulsibility, % Min 40 T 59 Oil Distillate by Volume, % Max or Range 3.0 T 59 Residue by distillation/ Evaporation, % min 70 T 59/ CP-L 2212 • Project Specifications — Page 17 of 34 0 • REVISION OF SECTION 409 SEAL COAT - CHIP SEAL Tests on Residue Minimum Maximum AASHTO Test No. Penetration, 25°C, I00g, 5s, min, dmm 70 150 T 49 Ductility, 25°C, 5 cm/min, cm, min T 51 Ductility, 4°C, 5 cm/min, cm, min T 51 Solubility in Trichloroethylene, % min 97.5 T 44 Elastic Recovery, 25' C T 301 Float Test, 60' C, s min T 50 Toughness, in-Ibs, min 70 CP-L 2210 Tenacity, in-Ibs, min 45 CP-L 2210 a) The Contractor shall submit a Certificate of Compliance from the supplier for the above testing. This certificate shall verify that the material conforms to the applicable specifications and revisions within the construction year. b) CP-L 2212 is a rapid evaporation test for determining percent residue of an emulsion and providing material for tests on residue. CP-L 2212 is for acceptance only. If the percent residue or any test on the residue fails to meet specifications, the tests will be repeated using the distillation test in conformance with AASHTO T-59 to determine acceptability. c) For polymerized emulsions the distillation and evaporation tests will in be conformance with AASI-ITO T- 59 or CP-L 2212 respectively with modifications to include 205 +/- 5° C maximum temperatures to be held for 15 minutes. d) The Demulsibility test shall be made within 30 days from the date of shipment. The material shall be accepted at the distributor. Each load of emulsified asphalt shall be accompanied with a certificate of analysis/compliance and submitted to the Engineer to assure that it is the same as that used in the mix design. The Contractor shall supply samples for testing upon request of the City. A one -quart sample of the emulsion shall be submitted from the first delivery. The source of the base asphalt, polymer, additives, and supplier shall be stated on the sample and shall not change during the course of construction. Emulsion Storage Suitable storage facilities and containers for the asphalt emulsion shall be provided and shall be equipped to prevent water from entering the emulsion. If necessary, suitable heat shall be provided to prevent freezing. Aggregate Cover Coat Material (Chips) All materials shall be pre -tested by the Contractor, at no cost to Owner, in a qualified laboratory for their suitability for use in Hot Applied Chip Seal Overlay and conformance with project specifications. The laboratory shall issue a current report which shows the results of tests performed on the individual materials, comparing their values to those required by this specification. The aggregate cover coat shall be washed, hard, durable, clean rock and free from coatings or deleterious material and clay balls. The presence of oversized material and/or clay balls shall be grounds for rejection. All aggregate shall be crushed gray granite with 100% fractured faces with an attraction to CRS-21? binder. The aggregate shall have a maximum loss of not more than 20% when tested with the LA Abrasion procedure as defined by ASTM C131, grade C or D. Only one type of aggregate shall be used and shall conform to the following specifications: 0 Project Specifications - Page 18 of 34 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 U REVISION OF SECTION 409 SEAL COAT -CHIP SEAL The report will provide the following information: Test on Cover Aggregate Maximum Test LA Abrasion. % loss 20 ASTM C 131 Flat & Elongated (3 to 1), % 12 ASTM D4791 Absorption, % 2 AASHTO T 85 Sodium Sulfate 15 AASI ITO T 104 Magnesium Sulfate 20 AASIITO T 104 Faces Fractured, % 100 Minimum ASTM D5821 Plastic Index (Fines) Non -Plastic Table 703-6 shall be deleted and replaced with the following table: Gradation (percent passin Sieve Size 1/2" Chip Seal 3/8" Chip Seal 1/4" Chip Seal 1/2" 90-100 100 100 3/8" 0-60 95-100 ]00 1/4" 0-10 0-35 95-100 No. 8 0-3 0-3 0-3 No.200 0-1.5 0-1.5 0-1.5 The Contractor shall submit a Certificate of Compliance from the intended aggregate producer. This certificate shall verify that the material conforms to the applicable specifications and Revision of Section 409, Seal Coat - Chip Seal. This certificate shall be supplemented by laboratory test data performed by an independent testing laboratory at no expense to the Owner. Once the materials are approved, no substitution will be permitted, unless first tested by the same laboratory and approved by the Engineer. Bituminous Film When tested in accordance with (ASTM D 1664), the aggregate shall have a retained bituminous film above 95%. Aggregates that do not meet this requirement may be used for surface treatments and seal coats provided a satisfactory chemical additive or wetting agent is used to provide a water-resistant filth. Use of chemical additives or wetting agents is subject to prior approval or may be waived by the Engineer. Moisture Content The moisture content of the cover aggregate at the time of application shall not exceed 2% of the weight of dry aggregate. Stockpiling of Aggregate Precautions shall be taken to insure that stockpiles arc 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. 0 No portion of the right of way may be used for storage of any materials or equipment. The Contractor is solely responsible for finding and securing a suitable staging area. The location of the staging area must be submitted and approved by the Engineer prior to use. Written authorization to use private property to store equipment and materials shall be obtained from the property owner and submitted to the Owner prior to mobilization and use. The Owner shall be allowed access to the load site at all times. The Contractor shall also • Project Specifications - Page 19 of 34 • REVISION OF SECTION 409 SEAL COAT —CHIP SEAL submit a letter of indemnification to the Owner and the property owner. CONSTRUCTION REQUIREMENTS Subsection 409.04 shall include the following: Limitations Bituminous material shall not be applied on a wet surface or when the air temperature is below 60' F or the pavement temperature is below 70' F, unless otherwise specified, when weather conditions would prevent the proper construction of the seal coat, or as directed by the Engineer. Subsection 409.05 shall include the following: Equipment All equipment, tools, and machines used in the performance of this work shall be maintained in satisfactory working order at all times. Unsatisfactory equipment shall be removed and replaced without delay or cost. Descriptive information on mixing and applying equipment to be used shall be submitted for approval a minimum of seven (7) days before commencement of work. The equipment shall conform to the following minimum requirements: Proportioning Devices . . Yield estimates with supporting documentation from the metering devices and material delivery tickets will be provided by the Contractor daily. Calibration Equipment shall be calibrated in the presence of the Engineer prior to construction. Documentation shall be provided; including individual calibration of each material at various settings, which can be related to the machine's metering device(s). No machine will be allowed to work on the project until the calibration has been completed and accepted by the Engineer. Previous calibration documentation covering the exact materials to be used may be accepted provided they were made during the current calendar year. The documentation shall include an individual calibration ofeach material of various settings which. can be related to the machine metering device(s). Verification Test strips of at least two hundred (200) square yards for each mix used may be required for each machine and each mix used after calibration and prior to construction. If the test sections do not conform to the specification requirements, the hot applied chip installation shall be removed at the Contractor's expense. No compensation will be made for re -application or additional test sections required due to unsatisfactory work or material. Initiation of work on the project streets shall not begin without the Engineer's approval of test sections. 0 Project Specifications — Page 20 of 34 REVISION OF SECTION 409 is SEAL COAT - CHIP SEAL Cleaning Equipment A minimum of two vacuum designed sweepers having only negative air pressure at the road surface capable of removing excess aggregate and debris material shall be used on this project. The body hoppers of the vacuum sweepers shall be a minimum capacity of ten cubic yards, and the negative air pressure at the intake shall be rated at forty six inches of negative water pressure. Sweepers shall meet applicable U.S. Environmental Protection Agency Standards. No mechanical pick-up brooms will be allowed on the project. Bituminous Distributor A minimum of two distributors shall be used. The distributors shall be self -powered and capable ofproviding a uniform application rate of emulsion varying from .05-1.00 gallons per square yard over a variable width up to twenty feet in a single pass. The uniformity of the distributors shall not vary by more than two -hundredths (0.02) gallon per square yard. The distributors shall be equipped with a variable power unit for the pump and full circulation spray bars, which are adjustable laterally and vertically. The nozzle angle and bar height shall be set to provide one hundred percent of double coverage in a single pass. Where multiple passes are required to complete the full width, the four inches adjacent to the second pass may be left with fifty percent coverage so that the next pass will complete the full application rate specified. Distributors shall be self -powered and include computerized application controls, a tachometer, pressure gauges, accurate volume devices, calibrated tank, and a thermometer for measuring temperatures of the emulsion in the tank. Necessary precautionary measures shall be taken to prevent diesel fuel or other cleaning solvents from contaminating bituminous material. Aggregate Spreader • The Aggregate Spreader shall be equipped with a computerized rate control for applying 3/8" Chip Seal material at a uniform rate of application on variable widths of surface up to 18 feet. The aggregate spreader shall be self-propelled and supported by at least four tires on two axles capable of providing a uniform application rate of aggregate from five to fifty pounds per square yard over a variable width up to twenty feet in a single pass. The uniformity of this machine shall not vary by more than one pound per square yard. The aggregate spreader shall be equipped with the means of applying the cover coat material to the surface with computerized application controls so that the required amount of material will be deposited uniformly over the full width of the bituminous material. Other types of aggregate spreaders may be used provided they accomplish equivalent results and have been approved. Rollers A minimum of two (2) self propelled pneumatic tired rollers shall be used on the project unless otherwise requested by the Engineer. The pneumatic tired rollers shall have a gross load adjustable to apply 200 to 350 pounds per inch of rolling width, or as directed. Tire pressures or contact pressures may be specified for the pneumatic tire rollers. Tire pressures on each roller shall not vary more than plus or minus 2.0 psi. The wheels on the rollers shall be equipped with adjustable scrapers, which shall be used when necessary to clean the wheel surface. Depending on the speed of the chip seal operation and the width of coverage, additional rollers may be required. At no time shall the rollers travel more than ten miles per hour. The rollers shall be maintained in good condition and be operated by experienced roller operators. Project Specifications - Page 21 of 34 0 REVISION OF SECTION 409 SEAL COAT — CHIP SEAL Sweepers A rotary broom or other approved sweeping or blowing equipment meeting applicable U.S. Environmental Protection Agency Standards shall be used to windrow excess material to be picked up. A minimum of two (2) vacuum designed sweepers having only negative air pressure at the road surface capable of removing excess aggregate and debris material shall be used on this project. The body hoppers of the vacuum sweepers shall have a minimum capacity of ten cubic yards, and the negative air pressure at the intake shall be rated at forty six inches of negative water pressure. Sweepers shall meet applicable U.S. Environmental Protection Agency Standards. Subsection 409.06 shall include the following: Surface Preparation The street shall be swept and cleaned of all debris before chip seal application. The surface and gutter shall be cleaned and all debris removed for the full width to be treated immediately prior to application ofthe bituminous material. Dust and other material in depressions or other places not removed by mechanical sweepers shall be swept with hand brooms or removed by use of Rushers. The Engineer may, require washing of the pavement where other methods of cleaning do not provide an acceptable surface. Material removed from the surface shall not be mixed with the cover aggregate. Bituminous material shall not be spread until the area to receive chip seal application has been cleaned to the satisfaction and approval of the Engineer. • All vegetation shall be removed from the surface to be sealed prior to any chip seal placement. The work shall be performed within two weeks of surfacing. Any dead or remaining vegetation shall be removed before sweeping and applying the chip seal. Vegetation may be removed by burning when in the opinion of the Engineer such burning causes no safety hazard or air pollution nuisance. The Contractor shall be responsible for the locating, protecting, and cleaning of all utility covers following the application of material. The method and procedure shall be submitted and approved by the Engineer. See Section 210, Reset Structures. Inlet protection for erosion control and construction material infiltration into the inlet shall be required at all inlets prior to start of Work. See Sections 208, Erosion Control and Inlet Protection, and Section 4000, Environmental Standard Operating Procedures. Subsection 409.07 shall include the following: APPLICATION The aggregate and CRS-2P application rates shall be in accordance with the Material Application Rate Table for 3/8" aggregate (see Revision of Section 401, Plant Mix Pavements -Hot Applied Overlay). The Contractor shall check application rates regularly throughout the day and provide a daily application rate to the Engineer. 1. General The specific emulsion and cover aggregate application rate shall be determined using factors such as surface texture, surface temperature, traffic volume, existing road condition, and time of year. The application rate may be modified at any time during the course of the construction upon approval by the Engineer. 0 Project Specifications —Page 22 of 34 REVISION OF SECTION 409 SEAL COAT— CHIP SEAL 2. Emulsion Application Bituminous material shall be applied by means ofa pressure distributor in a uniform, continuous spread over the section to be treated and within the temperature range of 125 -185' F. The distributor shall be moving forward at the proper application speed at the time the spray bar is opened. A strip of roofing paper at least three (3) feet in width and with a length equal to that of the spray bar of the distributor plus one (1) foot shall be used at the beginning of each spread. If the cut-off is not positive, the use of paper shall be required at the end of each spread. The paper shall be disposed of in a lawful manner. Any skipped areas or deficiencies shall be corrected. Junctions of spreads shall be carefully made to assure a smooth riding surface. The length of spread of bituminous material shall not be in excess of that which trucks loaded with cover coat material can cover within five (5) minutes. The spread of bituminous material shall not be more than four (4) inches wider than the width covered with aggregate from the spreading device and shall not spread onto the concrete, gutter, or crosspan. Under no circumstances shall operations proceed in such a manner that the emulsion break be allowed to chill, dry, or otherwise impair retention of the cover coat. Application rate shall be sufficient to prevent streaked appearance in the final surface. s The distributor, when not spreading, shall be parked so that the spray bar or mechanism does not drip • bituminous materials onto the surface of the street, gutters or private property. During all applications, the surface of adjacent structures shall be protected in such a manner as to prevent their being spattered or marred. Any areas inaccessible to the distributor shall be sprayed by hand. All sidewalks, gutters or other surfaces where spatter is excessive, in the opinion of the Engineer, shall be immediately cleaned. Subsection 409.08 shall include the following: Stockpiles and Equipment Storage The Contractor is solely responsible for finding and using suitable stockpile locations. The Owner shall be allowed access to the stockpile locations at all times. No portion of the right of way may be used for storage of materials or equipment. Materials shall be stored in an area to prevent water saturation and contamination of stockpiled aggregates. On -site emulsion tanks shall be empty and cleaned of all residual asphalt prior to delivery of the first load of approved emulsion. Written authorization to use private property to store equipment and materials shall be obtained from the property owner and submitted prior to mobilization and use. The Contractor shall also submit a letter of indemnification to the Owner and the property owner. Aggregate Application Immediately following the application of bituminous material, aggregate cover material shall be spread in quantities as designated. Spreading shall be accomplished in such a manner that the tires of the trucks or aggregate spreader at no time contact the uncovered and newly applied bituminous material. If directed by the Engineer, the cover coat material shall be moistened with water to eliminate or reduce the dust coating of the aggregate prior to placement; however, excess dust may be cause for rejection of the aggregate. Immediately after the cover coat is spread, any deficient areas shall be covered by additional material. Project Specifications — Page 23 of 34 0 REVISION OF SECTION 409 SEAL COAT -CHIP SEAL Rolling Rolling shall proceed in a longitudinal direction with the road, beginning at the outer edges of application and working toward the center. Each pass shall overlap the previous pass by one-half of the width of the front wheel or roll. There shall be a minimum of three (3) passes with the pneumatic -tired rollers over the entire surface prior to moving ahead. One pass will be considered the number of trips to cover the entire surface from one side of the street to the other and for the length being worked. The first rolling of the aggregate shall be made before the asphalt emulsion breaks (roller shall complete the first rolling within approximately two and one-half (2'/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 observation of the stockpile. Clean up All material swept or blown onto sidewalks, all trash, all discarded chip seal material or other refuse shall be collected on a daily basis, removed from the site, and disposed of to a site approved by the Engineer. Fog Seal Application Three days after the application of the chip seal, or as directed by the Engineer, the Contractor shall sweep all excess aggregate from the roadway and adjacent areas and may apply a fog seal of diluted CRS-2P, or approved equal, to all areas chip sealed under this contract. The CRS-2P emulsion shall be diluted 40 percent with water. The application rate of the asphalt emulsion cut back shall vary between 0.10 and 0.13 gallons per square yard as deemed necessary by the Engineer. Quality Control/Quality Assurance Samples of materials and of the finished Chip Seal surface shall be furnished as directed bythe Engineerduring progress of the work at no expense to Owner. The Engineer may use the recorders and measuring facilities of the unit(s) to determine application and yield rates. Yield estimates with supporting documentation from the metering devices and material delivery tickets will be provided by the Contractor to the Engineer on a daily basis. The Engineer shall schedule testing as required during the project and shall be notified 24 sirs in advance of all material deliveries. Gradation tests may be run on the aggregate and (residual asphalt) content tests on the emulsion. Test results will be compared to specifications. The Engineer must notify the Contractor immediately Project Specifications - Page 24 of 34 REVISION OF SECTION 409 SEAL COAT -CHIP SEAL 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. METHOD OF MEASUREMENT Subsection 409.09 shall include the following: Chip Seal installation shall not be measured and paid for separately but shall be included in the installation of the Hot Applied Chip Seal Overlay, complete -in -place, including preparing street surfaces, furnishing all labor, material, tools, equipment; traffic control, and incidentals and for all work involved in placing the mix, including rolling. Any additional additives used by the Contractor must be approved by the Engineer. No separate payment for additional additives will be made unless approved prior to use by the Engineer. It is imperative that the Engineer be present at the time of delivery of all materials. Conformance with application rates will be determined from delivery tickets, minus any excess material not used on the project. It is the Contractor's responsibility to notify the Engineer 24 hours prior to delivery of materials so that a representative may be present:'No payment will be made for materials delivered without proper notification. END OF SECTION • Project Specifications - Page 25 of 34 0 REVISION OF SECTION 627 PAVEMENT MARKINGS Section 627 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 627.01 shall include the following: This work shall consist of furnishing, installing, and removing temporary pavement marking in accordance with the latest revision of the Fort Collins Traffic Operations Manual, City of Fort Collins Work Area Traffic Control Handbook, Latimer County Urban Area Street Standards (LCUASS), Colorado Department of Transportation, the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), and in conformity to the lines, dimensions, patterns, locations, and details shown on the plans or established by the Engineer. In unusual circumstances a temporary stripping plan may be required to be submitted from the Contractor as directed by the Engineer. CONSTRUCTION REQUIREMENTS Subsection 627.03 is revised to include the following: Temporary pavement markings shall be suitable for use on asphalt cement or Portland cement concrete pavements and shall be installed on roadways that shall be opened to traffic prior to permanent stripping by the City, and shall conform as follows: 1. The surface to which the tape is applied shall be clean, dry, and free of dirt, oils, and grease. The tape/tab shall be pressed down immediately after application, until it adheres properly and conforms to the surface. . 2. All roads shall have temporary pavement markings before they are opened to traffic unless City stripping crews have been scheduled to install temporary and/or permanent pavement markings prior to opening the road to traffic. 3 Markings applied to a final surface shall not leave a scar that conflict with permanent markings. 4. Temporary markings shall be installed in such a way that the markings adequately follow the desired alignment. 5. Temporary pavement marking tape shall be required for lane lines on arterial roads as follows: Lane lines shall be "taped" intermittently with a 2' long by 4" wide reflective temporary strip at 50' intervals. f. It is the Contractor's responsibility to maintain the temporary markings, at the Contractor's expense, until the permanent pavement marking is installed by City crews. 6. Removable pavement markings shall be installed in accordance with the manufacture's recommendations and maintained by the Contractor until permanent pavement markings are installed by City crews. 7. Temporary edge lines are not typically required unless specified by the Engineer. 8. All tape shall be removed by the Contractor after permanent markings have been completed by City forces. 0 Project Specifications — Page 26 of 34 REVISION OF SECTION 627 PAVEMENT MARKINGS BASIS OF PAYMENT Subsection 627.13 is revised to include the following: All costs for installing and removing temporary stripping shall be considered a subsidiary obligation of the Contractor in connection with the various items of the work and no measurement or payment shall be made separately for the installation, removal, and maintenance oftemporary stripping including required traffic control devices, personnel, and related traffic control incidentals, as specified in these specifications, and as directed by the Engineer. END OF SECTION Project Specifications - Page 27 of 34 • 0 . REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 630.01 shall include the following: This work shall consist of furnishing, installing, moving, maintaining, and removing temporary construction traffic control devices, including but not limited to signs, advance warning arrow panels, variable message boards, barricades, channelizing devices, and delineators as required by the latest revisions ofthe City of Fort Collins "Work Area Traffic Control handbook," the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD), the "Larimer County Urban Area Street Standards" (LCUASS), and the "Colorado Department of Transportation Road and Bridge Standard Specifications" (CDOT). In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. MATERIALS Subsection 630.02 shall include the following: All traffic control devices placed for the project must meet or exceed the minimum standards. All traffic control devices shall be clean and in good operating condition when delivered and shall be maintained in that manner on a daily basis. All traffic control devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (i.e. crossed out information, information written in long -hand style, etc.) • Sign blanks with sign faces on both sides must have the back sign face covered when in use to avoid confusion to motorists traveling in the opposite direction and other potentially affected parties such as residents affected by any information the sign may present. CONSTRUCTION REQUIREMENTS Subsection 630.10 shall be revised as follows: The Contractor shall be responsible for ensuring safe passage through the work zone for vehicles, pedestrians and bicycles. The City of Fort Collins shall not be responsible for any loss or damage to equipment due to theft or vandalism or for any damages to public or private property caused by the Contractor's construction activities. Private or public property which is damaged by the Contractor's installation, equipment, or employees will be the sole responsibility of the Contractor. Two-way traffic shall be maintained at all times unless approved by the Engineer. Lane width shall be maintained at a minimum of ten (10') feet. The Contractor will provide 24 hour minimum notice to the City of Fort Collins Traffic Department when construction operations will be near a signalized intersection. Notification 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 construction, etc.), dates and times of the work, and parking and access restrictions that will apply. Sample letters shall be provided by the Engineer. Notification letters with the Traffic Control Plans shall be submitted for approval by Engineer and shall be distributed by the Contractor's representative a minimum of48 hours prior to the commencement of each phase of the work. 0 Project Specifications — Page 28 of 34 • SECTION 00610 PERFORMANCE BOND Bond No. 929580411 KNOW ALL MEN BY THESE PRESENTS: that A-1 Chipseal Co. 2001 W. 64`r' 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 Seven Hundred Four Thousand Three Hundred Fifty Dollars ($704,350.00) 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 22nd day of Au ust, 2013, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 7256 Hot Applied Chipseal Overlay 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. • 0 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Devices temporarily not in use shall be removed from the area. Moving shall include devices removed from the project and later returned to use. Devices may be temporarily placed and/or stored in the City right-of-way in such a manner that minimizes the hazards to pedestrians, bicyclists, and vehicles as approved by the Engineer. Traffic control devices shall be removed from the site immediately upon completion of the work for any street(s). TRAFFIC CONTROL PLANS Traffic control plans shall be submitted on City supplied forms and approved for all work locations/areas prior to commencement of any Work. Traffic control plans shall be prepared by a Traffic Control Supervisor certified by the American Traffic Safety Services Association (ATSSA) or a Worksite Traffic Control Supervisor certified by the Colorado Contractor's Association (CCA). Typical Traffic Control Plans shall be submitted for approval to the Engineer by 8:00 a.m. two working days (48 hours) prior to the commencement of work. All plans shall be delivered to the Engineer, 625 Ninth Street, Fort Collins. Facsimiles of plans shall not be allowed. Typical submittals for residential work scheduled on Monday and Tuesday shall be submitted the previous Friday by 8:00 a.m. Full residential road closure plans shall be submitted no later than Friday morning by 8:00 am for projects starting the following week. Submittals for full closures on arterial and collector streets shall be submitted two weeks prior to the commencement of work. • A Traffic Control Plan shall be submitted for each Arterial and each Collector street scheduled for work. Each • residential area shall have one typical Traffic Control Plan submitted for the area. When changes to the Traffic Control Plan(s) are necessary, a re -submittal for the area shall be provided for approval. The Traffic Control Plan shall include, as a minimum, the following: (1) A detailed diagram which shows the location of all sign placements, including advance construction signs (if not previously approved) and speed limit signs; method, length and time duration for lane closures, and location of flag persons. (2) A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to: construction signs, vertical panels, vertical panels with lights, Type I/II/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. (4) Parking Restrictions to be in affect. (5) Detailed pedestrian and bicycle movement. Flagger stations shall be located such that approaching motorists, bicyclists, and pedestrians, shall have sufficient distance to safely stop at a specified location. The Contractor shall maintain access at all times to businesses, schools, and residents and shall communicate their schedule 48 hours prior to beginning the Work. Approval of the proposed method of handling traffic does not relieve the Contractor of liability specifically assigned to him under this contract. Project Specifications - Page 29 of 34 0 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL The typical quantity of Variable Message Boards shall be: Six (6) on Arterial streets, Four (4) on Collector streets, None on Residential streets. Variable Message Boards shall be placed a minimum of 5 working days prior to the project. For full closures on Arterials and Collectors, Variable Message Boards shall remain in place until completion of the project. For lane closures on Arterials and Collectors, message boards shall remain in place for two days after starting work. The Engineer will issue direction for the number of boards, general locations for placement, and message verbiage. Fully automated variable message boards shall be installed, maintained, and operate continuously for the duration of the Work on Arterials and Collectors. TRAFFIC CONTROL MANAGEMENT Subsection 630.11 shall be revised as follows: Traffic control management shall be maintained on a 24 hour per day basis. The Contractor shall make arrangements so that the Traffic Control Supervisor or their approved representative will be available on every working day, "on call" at all times and available upon request of the Engineer during nonworking hours. A 24-hour telephone number shall be provided to the Engineers. All traffic control devices and traffic control management shall be placed under the supervision of a Traffic Control Supervisor. The Contractor shall designate an individual, other than the superintendent, to be the Traffic Control Supervisor. Traffic Control Management shall be performed by a Traffic Control Supervisor (TCS). The TCS(s) shall possess either a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control Supervisor or a Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor. Proof of certification shall be presented to the City Traffic Control Manager for each TCS utilized on the project. • The Traffic Control Supervisor shall have approved traffic control plans for the work site and shall have available at all times current copies of the City of Fort Collins "Work Area Traffic Control Handbook" and Part VI of the MUTCD pertaining to traffic control for street and highway construction. It is the intent of the specifications that the Head TCS be the same throughout the project, on site at all times during construction hours, and equipped with a cellular phone. The Head TCS shall be "on call" and available during non -working hours and a 24-hour telephone number shall be provided to the Engineer. The response time from the Engineer's contact outside of construction hours shall be 30 minutes or less and correction of the issue(s) shall be one (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 duties shall include, but not be limited to: 1. Prepare, revise and submit Traffic Control Plans as required. 2. Supervise and direct project flaggers. 3. Coordinate all traffic control related operations, including those of the Subcontractor and Supplier. 4. Coordinate project activities with appropriate police and fire control agencies, Transfort (Fort Collins Bus Service), school districts and other affected agencies and parties prior to construction. 5. Notify residents and businesses at least 48 hours prior to construction. a. Notifications may be accomplished by a representative of the TCS such as a flagger and shall be typed and hand delivered to all businesses and residents. 0 Project Specifications — Page 30 of 34 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL 6. Inspect traffic control devices on a calendar day basis for the duration of the project to ensure devices are functioning properly. 7. Oversee all requirements covered by the plans and specifications which contribute to the convenience, safety, and orderly movement of traffic. 8. Flagging in emergency or relief for short periods of no more than 15 minutes over a 60 minute period. 9. Traffic control device set up and removal. 10. Maintain a project traffic control diary which shall become part of the City's project records. This diary/log shall be submitted to the Engineer daily and shall include the following information as a minimum: a. Date b. For Traffic Control Inspection, the time of the inspections c. Project description and location d. Traffic Control Supervisor's name e. Types and quantities of traffic control devices used per approved Method of Handling Traffic (MHT) f. List of flaggers used, including start time, stop time and number of flagging hour breaks g. Traffic control problems (traffic accidents; damaged, missing or dirty devices, etc.) and corrective action taken Notification of residents and businesses shall be the responsibility of the TCS or TCS Representative and shall consist of distributing letters indicating the nature of the work to be completed, any special instructions to the residents (i.e. limits on lawn watering during construction), the dates and times of the work, and the parking and access restrictions that will apply, as well as thorough information placed on "NO PARKING" signs. Sample letters will be provided by the Engineer and shall be distributed prior to the cort nencement of each phase of the work. Letters shall be submitted with the Traffic Control Plans for approval. Approved letters shall be distributed a minimum of 48 hours prior to the commencement of work. The Traffic Control Supervisor shall have up to date copies of the City of Fort Collins' Work Area Traffic Control Handbook, and Part VI of the MUTCD, pertaining to traffic control for street and highway construction, available at all titres. The following list reflects devices that may be used on the project or as authorized by the Engineer: "No Parking" Sign with Stand Size A Specialty Sign Vertical Panel without Light Size B Specialty Sign Channelizing Drum without Light Safety Fence Type 1/11 Barricade without Light Light Type III Barricade without Light Advance Warning Flashing or Sequencing Arrow Panel Cone with Reflective Strip Variable Message Board Size a Sign with Stand Size B Sign with Stand Project Specifications - Page 31 of 34 • �J • REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL METHOD OF MEASUREMENT Subsection 630.15 shall include the following; All costs associated with the Traffic Control Plan submittal and review will not be measured or paid for separately, but shall be considered incidental to the work. The City shall deduct from compensation due the Contractor $10.00 per clay for each traffic control device not removed from the site immediately upon completion of the work or as directed by the Engineer. Flagger hand signs and devices, such as Stop/Slow paddles, shall not be measured and paid for separately, but shall be included in the work. The fiagger(s) shall be provided with electronic communication devices as required. These devices will not be measured and paid for separately, but shall be included in the cost of thework. The cost of batteries, electricity and/or fuel for all lighting or warning devices will not be paid for separately but shall be included in the cost of the work. Sand bags and caution tape will not be measured and paid for separately, but shall be included in the work. The Contractor may provide larger construction traffic signs than those typically used in accordance with the Cityof Fort Collins Work Area Traffic Control Handbook and the MUTCD, if approved by the Engineer, however no payment will be [Wade for the additional panel size. . Business signs and detour placard street names are NOT considered Specialty Signs and will not be measured or paid for separately, but shall be included in the work. The City shall not be responsible for any losses or damage due to theft or vandalism. The City will not be responsible for. any damages caused by the Contractor's construction activities to the public. Private or public property which is damaged by the Contractor's equipment or employees will be the sole responsibility of the Contractor. NOTES: ARTERIAL STREETS - Shall include Flagging Personnel required for the road classification and the Contractor's daily work activities and six (6) Variable Message Boards in addition to the minimum signage required by the specifications. COLLECTOR STREETS - Shall include Flagging Personnel required for the road classification and the Contractor's daily work activities and four (4) Variable Message Boards in addition to the minimum signage required by the specifications. RESIDENTIAL STREETS - Shall include Flagging Personnel required for the road classification and the Contractor's daily work activities in addition to the minimum signage required by the specifications. Residential streets shall not require Variable Message Boards. "The City of Fort Collins Master Street Plan" map depicting the street classifications (Arterial, Collector, Residential) can be found at the following link: httn://citydocs. fegov.com/?dt=Master+Street+Plan+Mao&dn=GI S+MAPS&vid= 192&cmd=showdt 9 Project Specifications - Page 32 of 34 REVISION OF SECTION 630 • CONSTRUCTION ZONE TRAFFIC CONTROL BASIS OF PAYMENT Subsection 630.16 shall be revised as follows: Pay Item Unit 630.01 Additional Variable Message Board Per each per day 630.02 Additional Flagging Personnel Hour All traffic control costs including but not limited to furnishing equipment, equipment mobilization/demobilization/modification, TCS and Flagging personnel, vehicles, phones, notification delivery, hand signs, communication devices, sandbags, and all related incidentals required for traffic control under this contract shall be considered a subsidiary obligation of the Contractor in connection with the various items of the work. No measurement or payment shall be made separately for traffic control related items as specified in these specifications or as directed by the Engineer. Payment shall be made for "Additional Variable Message Board" and "Additional Flagging Personnel' only when additions to the minimum traffic control requirements are requested in writing by the Engineer. Project Specifications — Page 33 of 34 0 • REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL SPECIAL CONDITIONS FOR WORK ON ARTERIALS AND COLLECTORS NOTE: CROSS STREET TRAFFIC SHALL BE MAINTAINED AT ALL TIMES UNLESS AUTHORIZED BY THE ENGINEER IN WRITING. NOTE: FULL CLOSURES ON ARTERIALS AND COLLECTORS WILL BE ALLOWED UNDER EXTREME CIRCUMSTANCES AND ONLY UPON APPROVAL BY THE ENGINEER. PLANS SHALL BE APPROVED A MINIMUM OF TWO WEEKS PRIOR TO THE COMMENCEMENT OF WORK AND/OR THE TIME REQUIRED TO ADEQUATELY NOTIFY THE PUBLIC THROUGH THE MEDIA. NOTE: CONSTRUCTION OR REPAIR WORK WILL NOT BE PERMITTED AT OR IN THE VICINITY OF SIGNALIZED INTERSECTIONS OR ANY ARTERIAL AND COLLECTOR STREETS THAT HAVE MAJOR TRAFFIC VOLUMES BETWEEN THE FLOURS 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 I IOLI DAYS 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 • Project Specifications — Page 34 of 34 SECTION 02500 QUANTITIY ESTIMATE • This work shall consist of placement of Hot Applied Chipseal Overlay on designated streets in the City of Fort Collins. Specific locations are described herein. Locations not listed in this section will be added by Change Order as they arise. All quantities stipulated in the Bid Schedule at unit prices are approximate and are to be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The basis of payment shall be the actual amount of materials furnished and Work done. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amount of Work actually performed and materials actually furnished and the estimated amount therefor. • 40 • rm O a V R n r O M l� C) O O (V N M O o0 �t pp S to aL.1 p to > K Q O V r1 O O O O O O M rM O y O O O O O O O 0- � N N O O O O O O O O N > � � 1 x o 0 0 0 0 N F � Q F- p 0 cC cn 0 0 Q z o Lo FG s in n p zcn z z O o ¢ o L m' � O 4 ° z o � u < U Ck SECTION 03000 DETAILS Rock Sock (RS) SC-5 Straw Bale Filter D23 Gravel Filter D24, D25 E is 40 • • Rock Sock (RS) Description A rock sock is constructed of gravel that has been wrapped by wire mesh or a geotextile to form an elongated cylindrical filter. Rock socks are typically used either as a perimeter control or as part of inlet protection. When placed at angles in the curb line, rock socks are typically referred to as curb socks. Rock socks are intended to trap sediment from stormwater runoff that flows onto roadways as a result of construction activities. Appropriate Uses Rock socks can be used at the perimeter of a disturbed area to control localized SC-5 Photograph RS-1. Rock socks placed at regular intervals in a curb line can help reduce sediment loading to storm sewer inlets. Rock socks can also be used as perimeter controls. sediment loading. A benefit of rock socks as opposed to other perimeter controls is that they do not have to be trenched or staked into the ground; therefore, they are often used on roadway construction projects where paved surfaces are present. Use rock socks in inlet protection applications when the construction of a roadway is substantially complete and the, roadway has been directly connected to a receiving storm system. Design and Installation When rock socks are used as perimeter controls, the maximum recommended tributary drainage area per 100 lineal feet of rock socks is approximately 0.25 acres with disturbed slope length of up to 150 feet and a tributary slope gradient no steeper than 3:1. A rock sock design detail and notes are provided in Detail RS-I. Also see the Inlet Protection Fact Sheet for design and installation guidance when rock socks are used for inlet protection and in the curb line. When placed in the gutter adjacent to a curb, rock socks should protrude no more than two feet from the curb in order for traffic to pass safely. If located in a high traffic area, place construction markers to alert drivers and street maintenance workers of their presence. Maintenance and Removal Rock socks are susceptible to displacement and breaking due to vehicle traffic. Inspect rock socks for damage and repair or replace as necessary. Remove sediment by sweeping or vacuuming as needed to maintain the functionality of the BMP, typically when sediment has accumulated behind the rock sock to one-half of the sock's height. Once upstream stabilization is complete, rock socks and accumulated sediment should be removed and properly disposed. Rock Sock Functions Erosion Control No Sediment Control Yes Site/Material Management No November 2010 Urban Drainage and Flood Control District Urban Storm Drainage Criteria Manual Volume 3 RS-1 November 2010 Urban Drainage and Flood Control District Urban Storm Drainage Criteria Manual Volume 3 RS-1 n LJ IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, • this 30th day of August , 2013 OF- IN ZanWa11:Ls 61 Pri p I A1C ' eal Company t Daniel zmala Corporate Secretary Vice President (Title) (Title) (Corporate Seal) 2001 W. 64th Lane, Denver, CO 80221 (Address) • • I NJ CE OF: fuj'j!'�SE IN PRESENCE OF: Surety. We tern surety C ny �_ en A. Feggestad, orney-In-Fact Witness 10375 Park Meadows Drive, Littleton, CO 80124 (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. MEMBER MOODY INSURANCE AGENCY, INC. ® 8055 East Tarts Avenue, Suite 1000 DENVER, COLORADO 80237 NATi ­11.atnPHONE: (303) 824-6600 SC-5 Rock Sock (RS) RS 0Y- (MINUS) CRUSHED ROCK ENCLOSED IN WIRE MESH 1)¢" (MINUS) CRUSHED ROCK ENCLOSED IN WIRE MESH WIRE TIE ENDS --� 4" TO 6" MAX AT THARD 0" ON BEDROCK OR GROUND SURFACE CURBS, OTHERWISE SURFACE, 2" 6"-10" DEPENDING IN SOIL ON EXPECTED SEDIMENT LOADS ROCK SOCK SECTION ROCK SOCK PLAN ANY GAP AT JOINT SHALL BE FILLED WITH AN ADEQUATE AMOUNT OF 136" (MINUS) CRUSHED ROCK AND WRAPPED WITH ADDITIONAL WIRE MESH SECURED TO ENDS OF ROCK ROCK SOCK, REINFORCED SOCK. AS AN ALTERNATIVE TO FILLING JOINTS TYP 1 BETWEEN ADJOINING ROCK SOCKS WITH CRUSHED ROCK AND 12" 12" ADDITIONAL WIRE WRAPPING, ROCK SOCKS CAN BE OVERLAPPED (TYPICALLY 12-INCH OVERLAP) TO AVOID GAPS. ROCK SOCK JOINTING ROCK SOCK INSTALLATION NOTES 1. SEE PLAN VIEW FOR: -LOCATION(S) OF ROCK SOCKS. GRADATION TABLE MASS PERCENT PASSING SIEVE SIZE SQUARE MESH SIEVES NO. 4 2 100 1Yz" 90 - 100 1 " 20 - 55 _Y4' 0 - 15 MATCHES SPECIFICATIONS FOR NO. 4 COARSE AGGREGATE FOR CONCRETE PER AASHTO M43. ALL ROCK SHALL BE FRACTURED FACE, ALL SIDES. 2. CRUSHED ROCK SHALL BE 1Yz" (MINUS) IN SIZE WITH A FRACTURED FACE (ALL SIDES) AND SHALL COMPLY WITH GRADATION SHOWN ON THIS SHEET (0" MINUS). 3. WIRE MESH SHALL BE FABRICATED OF 10 GAGE POULTRY MESH, OR EQUIVALENT, WITH A MAXIMUM OPENING OF )4% RECOMMENDED MINIMUM ROLL WIDTH OF 48" 4. WIRE MESH SHALL BE SECURED USING "HOG RINGS" OR WIRE TIES AT 6" CENTERS ALONG ALL JOINTS AND AT 2" CENTERS ON ENDS OF SOCKS. 5. SOME MUNICIPALITIES MAY ALLOW THE USE OF FILTER FABRIC AS AN ALTERNATIVE TO WIRE MESH FOR THE ROCK ENCLOSURE. RS-1. ROCK SOCK PERIMETER CONTROL RS-2 Urban Drainage and Flood Control District November 2010 Urban Storm Drainage Criteria Manual Volume 3 • Rock Sock (RS) SC-5 ROCK SOCK MAINTENANCE NOTES 1. INSPECT BMPs' EACH WORKDAY, AND MAINTAIN THEM IN EFFECTIVE OPERATING CONDITION. MAINTENANCE OF BMPs SHOULD BE PROACTIVE, NOT REACTIVE. INSPECT BMPs AS SOON AS POSSIBLE (AND ALWAYS WITHIN 24 HOURS) FOLLOWING A STORM THAT CAUSES SURFACE EROSION, AND PERFORM NECESSARY MAINTENANCE. 2. FREQUENT. OBSERVATIONS AND MAINTENANCE ARE NECESSARY TO MAINTAIN BMPs IN EFFECTIVE OPERATING CONDITION. INSPECTIONS AND CORRECTIVE MEASURES SHOULD BE DOCUMENTED THOROUGHLY. .3. 'WHERE. BMPs HAVE FAILED, REPAIR OR REPLACEMENT SHOULD BE INITIATED UPON DISCOVERY OF THE FAILURE. 4..ROCK SOCKS: SHALL BE REPLACED IF THEY BECOME HEAVILY SOILED, OR DAMAGED BEYOND REPAIR. 5:i.SEDIMENT ACCUMULATED UPSTREAM OF ROCK SOCKS SHALL BE REMOVED AS NEEDED TO MAINTAIN'. FUNCTIONALITY_ OF THE BMP, TYPICALLY WHEN DEPTH OF ACCUMULATED SEDIMENTS IS APPROXIMATELY ) OF THE HEIGHT OF THE ROCK SOCK. 6. ROCK SOCKSARE TO REMAIN IN PLACE UNTIL THE UPSTREAM DISTURBED AREA IS : STABILIZED AND APPROVED BY THE LOCAL JURISDICTION.. 7. WHEN' ROCK SOCKS ARE REMOVED, ALL DISTURBED AREAS SHALL BE COVERED WITH TOPSOIL; SEEDED AND MULCHED OR OTHERWISE STABILIZED AS APPROVED BY LOCAL JURISDICTION. :(DETAL-ADAPTED FROM TOWN OF PARKER, COLORADO AND CITY OF AURORA, COLORADO, NOT AVAILABLE IN AUTOCAD) NOTE: MANY, JURISDICTIONS HAVE BMP DETAILS THAT VARY FROM UDFCD STANDARD DETAILS. • '..- CONSULT WITH"LOCAL JURISDICTIONS AS TO WHICH DETAIL SHOULD BE USED WHEN DIFFERENCES ARE NOTED. NOTE: THE DETAILS 'INCLUDED WITH THIS FACT SHEET SHOW COMMONLY USED, CONVENTIONAL 'METHODS OF, ROCK SOCK INSTALLATION IN THE DENVER METROPOLITAN AREA. THERE ARE MANY OTHER SIMILAR..PROPRIETARY PRODUCTS ON THE MARKET. UDFCD NEITHER NDORSES NOR DISCOURAGES USE OF PROPRIETARY PROTECTION PRODUCTS: HOWEVER, IN THE EVENT PROPRIETARY. METHODS. ARE USED, THE APPROPRIATE DETAIL FROM THE MANUFACTURER MUST BE INCLUDED .IN TH&SWMP AND THE BMP MUST BE INSTALLED AND MAINTAINED AS SHOWN IN THE MANUFACTURERS DETAILS. • November 2010 Urban Drainage and Flood Control District RS-3 Urban Storm Drainage Criteria Manual Volume 3 Area Inlet with Grate — a 116i 1111 o c Straw Balas Staked with 2 Stakes Per Bale A Q n a o p a n p' Q n a Q a a Q II O Q O a A ,-- .1111,I� PLAN VIEW Stake-- Twine Runoff , compacted Soil Filtered Wafzr 5EcrioN A -A General Notes: 1. Wedge loose straw between the staked bales. 2. Inspect and repair filters after each storm event. Remove sediment when one half of the filter depth has been filled. Removed sediment shall be deposited in an area tributary to a sediment basin or other filtering measure. 3. Sediment shall be removed immediately from traveled way of roads. FIGL`1tE 6.2 AREA INLET FILTER STRAW BALES CITY OF;FORT COLLINS, COLORADO STORMWATER UTILITY APPROVED BY: DATE: REVISIONS: D-2 3 III E • WireScreen— (Approx. %2 'Mesh) U -�',-revel FtIce r Area Inlet_ PLAN VIEW Concrete Block Gravel Filter Overflow —� I�' CcncmEZ Bloc's( r— Wire Screen Runoff ' Ili OIC Gravel Filter ,...,,.;► —10 G10 u M N21 i Iig-- klim!lq ;mr� F� Bared Wye r J SECTION A -A General Notes: 1. Inspect and repair filters after each storm event. Remove sediment when one half of the filter depth has been filled. Removed sediment shall be deposited in an area tributary to a sediment basin or other filtering measures. 2. Sediment and gravel shall be immediately removed from traveled way of roads. FICURE 6.3 AREA INLET FILTER GRAVEL CITY OF FORT COLLINS, COLORADO STORMWATER UTILITY A-_ccOVED BY: DATE: MZt JiSIONS D-24 ic r PAGE 32 Grave? Fill' (Approx. aid meter) (Approx. YZIMesh; � IoG�c UfreScreerr ^ rive! PLAN VIEW nlCL SwlION A -A GenEral Notes: ' CURB INLET FILTER 1. Inspect and repair filters after each storm event. Remove sediment when GRAVEL one half of the fitter depth has been filled. Removed sediment shall be de- CITY OF -FORT COLLINS, COLORADO posited in an area tributary to a sedi- STORMWATER UTILITY merit basin or other filtering measure. AR=ROVE:) may: 2. Sediment and gravel snail be immecia;ely DA:t: ; removed from traveled way of roads. REVISIONS: 1-25 FIGUREE 6.4 W 11 • STREET MAINTENANCE PROGRAM (SMP) CCollins 2013 Project Revisions F�.rt _ streets Map 1 of 1 S Overland HACO (Hot Applied Chip Overlay) Revise August 19, 2013 SECTION 04000 • EROSION CONTROL AND INLET PROTECTION INDEX OF ENVIRONMENTAL STANDARD OPERATING PROCEEDURES (ESOP) New Construction Activities for Municipalities 1 of 2 Street, Curb, and Gutter Replacement and Construction 1 of 3 Street, Curb, and Gutter Maintenance 1 of 3 Spill Prevention and Response 1 of 4 Utility and Storm Sewer System Maintenance 1 of 4 Utility and Storm Sewer System Replacement and Construction 1 of 3 Power Washing 1 of 3 Vehicle Fueling 1 to 3 Outdoor Fleet Maintenance 1 of 4 Heavy Equipment and Vehicle Maintenance 1 of 4 is 0 s • 0 — I New Construction Activities for For More Information Name Municipalities Address City; State I Description Phone This fact sheet covers new construction activities disturbing less e-mail than one acre not subject to a CDPS Construction permit. New Possible Pollutants construction includes, but is not limited to buildings, structures, capital improvements, roadways, and recreational components sediment i such as trails, restrooms, and other structures. Procedures Chemicals provided are general in nature and can be applied to any scale Organics or type of municipal construction. Trash I When services are contracted, this written procedure should be Good Housekeeping provided to the contractor so they have the proper operational Waste Management procedures. In addition, the contract should specify that the Employee/Contractor Training contractor is responsible for abiding by all applicable municipal, state, and federal codes, laws, and regulations. Proper Cleanup and Disposal Procedures Procedures Related Procedures Obtain all applicable federal, state, and local permits for Heavy Equipment and Vehicle construction projects. Maintenance - • The Colorado Stormwater Construction General Parks and_ Open space Maintenance permit applies to construction sites disturbing one acre or more, or less than one acre but part of a larger Spill Prevention and.Response common plan of development. Street; Curb, and Gutter Replacement and A larger common plan of development is defined as a Construction contiguous area where multiple separate and distinct Utilities and Storm Sewer construction activities may be taking place at System Replacement and different times on different schedules under one Construction plan. Vehicle Fueling • A dewatering permit may be required if construction activities require the removal and discharge of groundwater offsite. • A U.S. Army Corp of Engineers (USACE) Section 404 Permit may be needed if the work will be conducted in or impact waters of the United States, including wetlands, washes, drainages, ditches, creeks, streams, and rivers. • Applicable sediment and erosion controls maybe installed, such as inlet protection, silt fence, sediment traps, erosion control logs, check dams, and vehicle tracking control. Sediment and erosion controls will be Page 1 of 2 installed and maintained in accordance with approved design criteria and/or industry standards. Material stockpiles will not be stored in stormwater flow lines. Temporary sediment control will be used during temporary, short-term placement while work is actively occurring. Where feasible, grading activities should be scheduled during dry weather. • Best management practices will be periodically inspected and maintained as necessary. • Waste containment for concrete washout, masonry, paint, trash and other potential pollutants will be available when these activities are being conducted. Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response. Employee Training Train applicable employees who perform new construction activities on this written procedure. Information regarding how to avoid and report spills will be presented during the training. Periodically conduct refresher training on the SOP for applicable employees who perform new construction activities. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References City of Centennial SOP: New Construction SOP, August 2007. Mesa County, Municipal Operations and Maintenance Program, July 2005. Page 2 of 2 E 11 0 i Street, Curb, and Gutter For More Information Name Replacement and Address Construction City, State Phone I Description e-mail Procedures involving the replacement and Possible Pollutants construction of streets, curbs, and gutters have the Fine-grained sediment potential to impact stormwater quality. Materials Organics involved in these activities should be used efficiently and disposed of properly. Oil Saw -cut slurry When services are contracted, this written procedure Trash should be provided to the contractor so they have the Good Housekeeping proper operational procedures. In addition, the Dumpster/Waste Management contract should specify that the contractor is responsible for abiding by all applicable municipal, Employee/Contractor Training state, and federal codes, laws, and regulations. Proper cleanup and disposal procedures Procedures Dry cleaning methods General Related Procedures • . Obtain all applicable federal, state, and local Spill Prevention and Response permits for construction projects. Street Sweeping The Colorado Stormwater Construction Street Sweeper Cleaning and General permit applies to construction sites Waste disturbing one acre or more, or less than one Street, Curb and Gutter acre but part of a larger common plan of Maintenance development. • A larger common plan of development is defined as a contiguous area where multiple separate and distinct construction activities may be taking place at different tunes on different schedules under one plan. • A dewatering permit may be required if construction activities require the removal and discharge of groundwater offsite. • A U.S. Army Corp of Engineers (USACE) Section 404 Permit may be needed if the work will be conducted in or impact waters of the United States, including wetlands, washes, drainages, ditches, creeks, streams, and rivers. Page 1 of 3 • SECTION 00615 • PAYMENT BOND Bond No. 929580411 KNOW ALL MEN BY THESE PRESENTS: that A-1 Chipseal Co. 2001 W. 64t' 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 Seven Hundred Four Thousand Three Hundred Fifty Dollars ($704,350.00) 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 22nd day of August 2013, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 7256 Hot Applied Chipseal Overlay 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. • 10 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. E 0 s • 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, Deparbnent of Public Works: Asphalt and Concrete Progrmn, No Date. City of Centennial, Department of Public Works: Asphalt Program, No Date. PACE, Stornnoater Best Management Practices: Street Maintenance, No Date. Optional Additional Resources Concrete truck washout BMP specifications. Gravel road maintenance procedures. 0 0 Street, Curb, and Gutter For More Information- Name Maintenance I Address Description City, State CI Phone Street, curb, and gutter activities include concrete and asphalt installation, maintenance, repair, and e-mail replacement, bridge maintenance; and painting and Possible Pollutants striping. Procedures involving the maintenance of Fine-grained sediment streets, curbs, and gutters have the potential to impact Organics stormwater quality. Materials involved in these Oil activities should be used efficiently and disposed of Saw -cut slurry properly. Trash When services are contracted, this written procedure Good Housekeeping should be provided to the contractor so they have the Dumpster/Waste Management proper operational procedures. In addition, the Employee/Contractor Training contract should specify that the contractor is responsible for abiding by all applicable municipal, Props cleanup and disposal state, and federal codes, laws, and regulations. procedures Dry cleaning methods Procedures • Related Procedures General Spill Prevention and Response a 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. LJ 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 Progranz, No Date. City of Centennial, Department of Public Works: Asphalt Prograuz, No Date. PACE, Stornnuater Best Management Practices: Street Maintenance, No Date. Optional Additional Resources Concrete truck washout BMP specifications. Gravel road maintenance procedures. Page 3 of 3 • 0 Prevention and For More Information For Name j Response Address City, State i Description Phone Due to the type of work and the materials involved, many e-mail i activities that occur either at a municipal facility or as part Possible Pollutants of municipal operations have the potential for accidental spills. Some municipal facilities operate under Spill Chemicals Prevention Control and Countermeasures (SPCC) plans Toxics that include procedures for spill response. Proper spill ( oil response planning and preparation enables employees and Paint contractors to effectively respond to problems and Fuel minimize the discharge of pollutants to the storm sewer Good Housekeeping system. Waste Management When services are contracted, this written procedure should be provided to the contractor so they have the Employee/Contractor Training proper operational procedures. In addition, the contract Proper cleanup and disposal should specify that the contractor is responsible for procedures abiding by all applicable municipal, state, and federal Related Procedures codes, laws, and regulations. Fertilizer, Pesticide, and Herbicide Application Procedures Heavy Equipment and Vehicle Spill Prevention Maintenance • Keep work areas neat and well organized. Material Storage Materials Management • Maintain a Material Safety Data Sheet (MSDS) for each hazardous chemical. Follow the Outdoor Outdoor Vehicle Maintenance Material Storage procedures. Vehicle Fueling Provide tight fitting lids for all containers. Keep containers clearly labeled. Labels should provide name and type of substance, stock number, expiration date, health hazards, handling suggestions, and first aid information. • Store containers, drums, and bags away from direct traffic routes to prevent accidental spills. Inspect storage containers regularly for signs of leaking or deterioration. Replace or repair leaking storage containers. • Use care to avoid spills when transferring materials from one container to another. Page 1 of 4 • Use powered equipment or get assistance when moving materials to and from a storage area. Use care to prevent puncturing containers with the equipment. • Do not wash down or hose down any outdoor work areas or trash/waste container storage areas except where wash water is captured and discharged into the sanitary sewer (if approved). • Conduct periodic inspections to ensure that materials and equipment are being handled, disposed/ recycled, and stored correctly. • Provide adequate spill kits or lockers with sufficient equipment and supplies necessary for each work area where the potential for spills or leaks exists. • Inspect each spill kit or locker regularly and after each spill response. Replace any spent supplies or repair any equipment that is worn or not suitable for service. • Stock adequate personal protective equipment. Spill Response safety Consider safety at all times. Anticipate and avoid all likely hazards. Never approach, contact, or sample an unknown substance. If a highly toxic or flammable substance is discovered, staff should leave the immediate area and contact the appropriate identified response authority, such as the fire department. If there is any question about a substance, contact the appropriate • identified response authority or other designated representative. Procedures • Stop the leading edge of the spill. Block or divert the spill to avoid discharge to the storm sewer system and to minimize the area requiring cleanup. • Determine the source of the spill and stop the spill at its source by closing a valve, plugging a leak, or setting a container upright. Transfer material from a damaged container. • Identify the material and volume spilled. Contact the appropriate identified response authority or other designated representative if you cannot identify the material and its properties. • Refer to the MSDS to determine appropriate personal protective equipment, such as gloves and safety glasses and appropriate cleanup methods. • Clean up spills immediately to prevent spreading of wastes by wind, rain, and vehicle traffic and potential safety hazards. • Use sand absorbents or socks, pillows, or pads to quickly capture spilled liquid and properly dispose of all clean-up materials. Use dry clean-up methods only. 0 Complete all necessary reports. Spill Reporting • A spill of any chemical, oil, petroleum product, or sewage that enters waters of the state of Colorado (that include surface water, ground water, and dry gullies and storm sewers leading to surface water) must be reported immediately to the Colorado Department of Public Health and Environment. • Release of a substance into a storm drain, or onto a parking lot or roadway as part of a storm sewer leading to surface water, is reportable. However, if the material can be contained and cleaned within the storm sewer system to the degree that a subsequent flow in the storm sewer will not flush the substance to waters of the State, it may not need to be reported. • Contact the appropriate identified response authority within the municipality or other designated representative and be prepared to provide details needed to report the spill to the necessary agencies. • Detailed spill reporting guidance can be found at http: / / www.cdphe.state.co.us / op/ wgcc/ Resources/Guidance/spifIguidance.pdf and http://www.cdphe.state.co.us/hni/spillsandreleases.htin Employee Training • . Train apphcable employees who perform spill prevention and response on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform spill prevention and response activities. Records The following records could be used to document activities performed: • Records of any major spills and the action taken. • Records of employee training with sign -in sheet. References Cihj of Centennial, Department of Pnblic 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 Qualihj Pollution Prevention Guide for Municipal Operations: Parks Department Golf Course, January 2004. City of Lafayette, Spill Clean Up, No Date. Colorado Department of Public Health and Environment, Environmental Spill Reporting, January 2009. 0 Mesa County, Municipal Operation and Maintenance Program, July 4, 2005. USEPA Menu of BMP: Spill Response and Prevention, cfpub.epa.gov/npdes/stormwater/menuofbnips/, accessed July 5, 2009. 0 • • For More Information Name Address City, State Phone e-mail Possible Pollutants Sediment Nutrients Metals Hydrocarbons 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 40 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. The sanitary sewer system is cleaned as part of routine maintenance and on an emergency basis. Without proper maintenance, sanitary sewer back-ups and overflows may occur and can result in potential property damage and significant health concerns if not properly managed. Water conveyance systems are flushed and pressure tested as part of routine maintenance. Potable water systems must be properly maintained to ensure delivery of water that meets State and Federal health standards. Failures result in water main breaks that can cause property damage including erosion. The storm sewer system is cleaned as part of routine maintenance and on an emergency basis in the event of flooding. Maintenance will remove pollutants and ensure the system functions properly to avoid flooding. Flooding, pending, and uncontrolled sheet flow can result in property damage and increased soil erosion. When services are contracted, this written procedure should be provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the contractor is responsible for abiding by all applicable municipal, state, and federal codes, laws, and regulations. Page t of 4 11 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 30th day of August 2013. IN tPES NCE F: Stepha a Wallis Corporate Secretary (Title) (Corporate Seal) Principal A-1 ipseal Company D�a/(nieeel 4,ryzmala Vice President (Title) 2001 W. 64th Lane, Denver, CO 80221 (Address) Other Partners By: IN PRESENCE OF: Sure�t r We ern Suret Co a �\ Karkn A. Feggestad, ney-In-Fact Witness 10375 Park Meadows Drive, Littleton, CO 80124 (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. MEMBER MOODY INSURANCE AGENCY, INC. ® 8055 East 9W'ts Avenue, Suite 1000 DENVER, COLORADO 80237 ---- ___._. PHONE: (303) 824.6600 40 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 I-Ieavyquipment/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 overexposed 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 dechlorinatiog 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 0 0 • Contain overflows by using emergency generator, pump and/or a vac truck to intercept flows. It may be necessary to construct additional containment. • Cleanup 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 recormnended. • Report any suspected water quality problems such as a change in growth or appearance of vegetation. • Report excessive sediment accumulation, standing water beyond the designed drain down time or damage requiring additional maintenance. Drainageways Drainageways include drainage channels, ditches, grass swales, and washes. • Inspect drainageways for erosion and repair if necessary. Remove and properly dispose of trash and debris from the drainageways. Remove sediment which could impede flow in drainageways. • Leave an unmown buffer when mowing adjacent to drainageways to filter pollutants. Do not leave grass clippings in or next to the drainageway. Do not apply landscape chemicals in the buffer area. Page 3 of 4 Employee Training Train applicable employees who perform utility and storm sewer system activities on this written procedure. Infon nation regarding how to avoid and report spills will be presented during the training. Periodically conduct refresher training on the SOP for applicable employees who perform utility and storm sewer system activities. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Detention Pond Maintenance SOP, August 2007. City of Centennial SOP: Inlet, Pipe, and Vault Cleaning and Disposal SOP, August 2007. City of Centennial SOP: Drainagezoay Maintenance SOP, August 2007. City of Golden Stornnoater 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: Madnole Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Potable Line Flushing, March 2009. City of Lafayette Standard Operating Procedure: Sanitary sezoer Backup, March 2009. City of Lafayette Standard Operating Procedure: Waterline Breaks, March 2009. Mesa County, Municipal Operations and Maintenance Prograun, 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 P 0 0 -For I Utility and Storm Sewer More Information Name System Replacement and Address Construction City, State Phone email Description This procedure covers utility and storm sewer system Possible Pollutants 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 Construction separate and distinct construction activities may be taking place at different times on Vehicle Fueling different schedules under one plan. • A dewatering permit maybe 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 to • Applicable sediment and erosion controls maybe 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 undercover when not in use and away from any storm drain inlet. Washout mixers, delivery trucks, or other equipment in the designated concrete washout area only. • Locate concrete washout, portable toilets, and material storage away from storm drain inlets. • Material stockpiles will not be stored in stormwater flow lines. Temporary sediment control will be used during temporary, short-term placement while work is actively occurring. • Sweep or vacuum the roadway as needed, during construction and once construction is complete. • Best management practices will be periodically inspected and maintained as necessary. • Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response procedures. Emergency Repair and Replacement Emergency Discharges are defined as situations in which it is not possible to implement all of the available BMPs due to the uncontrolled nature of the discharge. The primary focus during these events is to identify and mitigate the cause as soon as possible. Clean up of resulting sediment or other pollutants will be performed as soon as practicable following the emergency. Refer to the Spill Prevention and Response procedure for reporting requirements. Page 2 of 3 i 4 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 Paid 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 Stornnoater Drainage Maintenance Plan, February 2008. • City of Greeley, Department of Public Works: Storm Water Drainage Program, January 2008. City of Greeley, Departnnent of Public Works: Ditch Program, No Date. City of Lafayette Standard Operating Procedure: Ditch Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Cleaning Stonn Drain System, March 2009. City of Lafayette Standard Operating Procedure: Manhole Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Potable Line Flushing, March 2009. City of Lafayette Standard Operating Procedure: Sanitary sezaer 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 VerificationLgtnr Revised Approved Issued • Regulatory and Government Affairs Division City of - Initials SS /F�rt COtllnsDate 10/19/09 f- Environmental Standard Operating Procedure (ESOP) ESOP —Power Washing (Pressure Washing) wastewater Persons who will City staff who perform power washing, and their supervisor/manager. use this ESOP: A variety of City departments perform power washing. The employee Area of who power washes, and his/her supervisor/manager, will use the application: information in this SOP to guide their power.washing, and supply purchasing, activities. Document I:\RGA Division\SOPs\ESOPs location: Revisions Rev. Date Description No. 001 002 Procedure Index 1.0 Purpose 2.0 Scope 3.0 Process 4.0 Training Requirements 5.0 References/Related Documents 6.0 Records Revision date: Page 1 of 3 10/19/2009 • City of Fort Collins Regulatory and Government Affairs Division Frt oCollins �f Verification Initials Date Originator Revised Approved Issued LR Oct. 09 ss 10/19109 Environmental Standard Operating Procedure (ESOP) ESOP —Power Washing (Pressure Washing) wastewater 1.0 Purpose 1.1 The purpose of this ESOP is to describe the appropriate methods of handling power washing wastewater. 2.0 Scope - - - 2.1 The scope of this ESOP is limited to the description of the allowable methods of the disposal of power washing wastewater and the protection of the storm drainage system; the scope does not include specifics on how to power wash. , j 3.0 Process 3.1 Power washing wastewater must be prevented from running uncontrolled in the City's storm water system. The system includes streets, inlets, gutters, ponds, creeks, ditches, and the Poudre River. During the power washing activity, ensure the wastewater is controlled by the utilization of the natural slope of the land, or barriers such as inlet covers. Use of barriers on an impermeable surface also requires that the wastewater be vacuumed, collected, and disposed of properly. 3.2 General pollution prevention procedures: A. Use dry methods for surface pre -cleaning, such as using absorbent on small oil spots and sweeping up trash, debris, dirt, and used absorbent before power washing. B. Minimize the amount of water used during power washing activities. C. Avoid using cleaning products that contain hazardous substances (e.g., hydrofluoric acid, muriatic acid, sodium hydroxide, bleach) that can turn wastewater into hazardous waste. 3.3 Prior to power washing, decide on one of the following methods of disposal: D. Landscape --power washing wastewater may be discharged to landscaped areas if the materials used and the material removed are not harmful to vegetation, there is no ponding, and there is no uncontrolled runoff to the stormwater system. E. Wastewater treatment system-- As long as the collected wastewater does not have an oil sheen, has a pH between 5 and 11, and does not contain any hazardous or toxic substances, the wastewater may be disposed of into the City's wastewater treatment system. v If you add anything to the wash water (ie—a cleaning agent) or if you have questions about the content of your power washing wastewater, Revision date: 10/19/2009 Page 2 of 3 City of Fort Collins Regulatory and Government Affairs Division FCity of ortCollins f � Verification Originator Revised Approved Issued Initials Date LR Oct. 09 ss 10119/09 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 Requirements 4.1 The training requirement associated with this procedure is knowledge of the proper management of power washing wastewater. 5.0 References / Related Documents 5.1 http://www cdphe state co us/wg/PermitsUnit/PolicyandGuidance/powerwash I)df 5.2 IARGA division\Illicit Discharge Program\Complaint Calls\pressure washinq\City power washing quidance.pdf 16.0 Records 6.1 The following records could be used to document activities performed: • Records of employee training with sign -in sheet. • List of power washing activities and departments responsible for conducting power washing. Revision date: Page 3 of 3 10/19/2009 • For More Information Vehicle Fueling Name Description Address Spills of gasoline and diesel fuel on the ground or on vehicles City, State !'! during fueling can wash into a storm drain and cause water Phone pollution. e-mail I When services are contracted, this written procedure should be Possible Pollutants provided to the contractor so they have the proper operational Metals j procedures. In addition, the contractshould specify that the Hydrocarbons I contractor is responsible for abiding by all applicable municipal, Toxins state and federal codes, laws, and regulations. Good Housekeeping Procedures Drip pans General Secondary containment . Fuel vehicles at approved locations (municipal fueling Automatic shutoff nozzles station or offsite fueling station). Signs i ■ Provide spill kits near the municipal fueling location. Spill response plans Spill cleanup materials • If fuel is stored in an above -ground tank, store fuel in enclosed, covered tanks with secondary containment • Dry cleanup methods' - (e.g., concrete barrier or double -walled tanks). Employee tfaining Related Procedures • All fuel tanks will be inspected per State and Federal regulations. Heavy EquipmenWehicle Maintenance • Periodically inspect municipal fueling locations for the Outdoor Fleet Maintenance following: Spill Prevention and Response For above -ground tanks, inspect tank foundations, connections, coatings, tank walls, and piping systems. Look for corrosion, leaks, cracks, scratches, and other physical damage that may weaken the tank. ■ Check for spills and fuel tank overfills due to operator error. • Clean up any leaks or drips. Cleanup is not completed until the absorbent is swept up and disposed of properly. ■ Report leaking vehicles to fleet maintenance. Page 1 of 3 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT • Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Evan E Moody, Karen A Feggestad, Vera T Kalba, Bradley J Moody, Brandi J Tetley, Tina Marie Post, Individually of Denver, CO, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed., This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 2nd day of July, 2013. • WESTERN SURETY .COMPANY r�suacry� ,. AWR�opppgq,�e� =W �!ye s�\SC A�',i JlMO„• aul T. Brufiat, Vice President State of South Dakota 1 County of Minnehaha 55 Jr On this 2nd day of July. 2013. before me personally came Paul T. Brufiat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the 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 J. MOHR June 23, 2015 S SEAL NOTARY PUBLIC SEALS t SOUTH DAKOTA S3 J. Mohr, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 30th day of August 2013 i"Ergs. WESTERN SURETY COMPANY _ ArQIopPGgq a' t ITN L. Nelson, Assistant Secretary Forth F4280-7-2012 • 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 contaimnent 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 ~- II Heavy Equipment and Vehicle For Morelnformation [ Name Maintenance Address City, State Description Phone Regular maintenance of municipal vehicles and equipment, or e-mail municipality -contracted vehicles and equip mentprolongs the life of the municipality's assets and prevents the leaking of hazardous Possible Pollutants commonly associated with normal wear and tear of vehicles ifluids Metals and equipment. Toxins ` Potential pollutants generated at vehicle maintenance facilities Solvents (degreasers, paint include oil, antifreeze, brake fluid and cleaner, solvents, batteries i thinners, etc.) and fuels. Antifreeze Brake fluid and brake pad dust When services are contracted, this written procedure should be Battery acid provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the Motor oil contractor is responsible for abiding by all applicable municipal, Fuel (gasoline, diesel, kerosene) " state, and federal codes, laws, and regulations. Lubricating grease Good Housekeeping Procedures Maintenance activities should be performed inside a maintenance Drip pans building unless the equipment is too large to fit inside or Tarps temporary repairs need to be made before the equipment can be Covered outdoor storage areas moved to the maintenance building. Consult the Outdoor Fleet Secondary containment Maintenance procedure when it is necessary to perform repairs Proper disposal of used fluids outside of the facility (breakdowns, service calls, etc.). Spill cleanup materials Vehicle Storage Dry cleanup methods Monitor vehicles and equipment closely for leaks and Employee training use drip pans as needed until repairs can be performed. Related Procedures 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 0 is P 0 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 contairmient (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 contairunent 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/ 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 n U 0 • References Center for Watershed Protection, Minzicipal Pollution PreventioiVGood 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 Centemiial 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, Mumicipal Operation and Maintenance Program, July 4, 2005. Partners for a Clean Environment. Stornaoater Protection: Vehicle Repair. Spring 2009. USEPA Menu of BMP: Municipal Vehicle and Equipment Maintenance, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009. USEPA Menu of BMP: Municipal Vehicle and Equipment Washing, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009. Optional Additional Resources Municipal codes and ordinances that relate to vehicle and equipment maintenance. Chemical purchasing policies. Loading and unloading bulk materials. Guidelines for staff to dedicate a percentage of their time to vehicle and equipment maintenance. Specific directions on how to use the municipality's vehicle wash area. Spill Prevention Control and Countermeasures Plan. Page 4 of 4 January 9, 2009 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS FHW A-1273 Electronic version — March 10, 1994 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 6. Selection of Labor: During the performance of this contract, Page the contractor shall not: I. General.........................................................1 II. Nondiscrimination............................................1 III. Nonsegrated Facilities......................................3 IV. Payment of Predetermined Minimum Wage .......... 3 V. Statements and Payrolls...................................6 VI. Record of Materials, Supplies, and Labor.............6 VII. GeneralSubletting or Assigning the Contract ......... 7 Vill. Safety: Accident Prevention...............................7 IX. False Statements Concerning Highway Projects. ..7 X. Implementation of Clean Air Act and Federal Water Pollution Control Act................................8 XI. Certification Regarding Debarment, Suspension...... Ineligibility, and Voluntary Exclusion..................8 XII. Certification Regarding Use of Contract Funds for... Lobbying......................................................9 ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) I. GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractors immediate superin- tendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. It. NONDISCRIMINATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportu- nity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, execu- tive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et sec.) set forth under 28 CFR35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: 0 0 is 01 • 0 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such imple- mentation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employ- ee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. January 9, 2009 c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimi- nation. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such com- plaints, and will take appropriate corrective action within a reason- able time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of appren- ticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance require- ments for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. C. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. January 9, 2009 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS b. The contractors will submit an annual report to the SHA each d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcon- tractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reason- able times and places for inspection by authorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (1) The number of minority and non -minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. July for the duration of the project, indicating the number of minority, women, and non-minorty group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. If on -the - job training is being required by special provision, the contractor will be required to collect and report training data. III. NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agree- ment or purchase order, as appropriate, the bidder, Federal -aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establish- ments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, • • 0 • January 9, 2009 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS contributions made or costs reasonably anticipated for bona fide Said Administrator, or an authorized representative, will issue a fringe benefits under Section 1(b)(2) of the Davis -Bacon Act (40 determination within 30 days of receipt and so advise the U.S.C. 276a) on behalf of laborers or mechanics are considered contracting officer or will notify the contracting officer within the 30- wages paid to such laborers or mechanics, subject to the provi- day period that additional time is necessary sions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more e. The wage rate (including fringe benefits where appropriate) than a weekly period (but not less often than quarterly) under determined pursuant to paragraph 2c or 2d of this Section IV shall plans, funds, or programs, which cover the particular weekly be paid to all workers performing work in the additional period, are deemed to be constructively made or incurred during classification from the first day on which work is performed in the such weekly period. Such laborers and mechanics shall be paid classification. the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, 3. Payment of Fringe Benefits: without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV b. Laborers or mechanics performing work. in .more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of .the Davis -Bacon Act and related acts contained in 29 CFR.1, 3, and 5 are herein incorpo- rated by reference in this contract. 2. Classification: - a. The SHA contracting officer shall requirethat any class of laborers or mechanics employed under the contract; which is not listed in the.wage determination, shall be classified in conformance with the wage determination. - . b. The contracting officer shall approve f an additional classification, wage rate and fringe benefits only when the following criteria have been met: -.(1) the work to be performed by the additional classification requested is not performed by a classification. in :the wage determination; (2) the additional classification is utilized in the area by the construction industry; .. (3) the proposedwage rate; including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and . . (4) with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officertothe DOL, Administrator of the Wage and Hour Division, Employment Stan- dards Administration, Washington, D.C: 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secre- tary of Labor has found, upon the written request of the contractor; that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees (Programs of the U.S. DOL) and; Helpers: a. Apprentices: - (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they=are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau; or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to journeyman -level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any appren- tice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (ex- pressed in percentages of the journeyman -level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman -level hourly rate Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY 1• This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. - r t REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees (1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evi- denced by formal certification by the DOL, Employment and Training Administration. - (2) The ratio of trainees to journeyman -level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not regis- tered and participating in a training'plan approved by the Employ- ment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classifica- tion of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman -level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. (4) In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer bepermittedto utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance proce- dure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, January 9, 2009 shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal - aid highway construction programs are not subject to the require- ments of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one -and -one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: n L J • • • REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in para- graph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3) The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers„and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appala- chian contracts, the payroll records shall contain a notation indicat- ing whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 31b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, para- graphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029- 005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. January 9, 2009 d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcon- tractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the follow- ing: (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. . f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspec- tion, copying,- or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such repre- sentatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph lb relative to materials and supplies, a final January 9, 2009 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION.CONTRACTS labor summary of all contract work indicating the total hours or dangerous to his/her health or safety, as determined under worked and the total amount earned. construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percent- age if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organiza- tion (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly -by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge,- abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a�whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph 1 of 'Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract require- ments, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineer- ing services) as the SHA contracting officer determines is neces- sary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. Vlll. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contract- ing officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C.333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepre- sentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever, bein g an officer, ag ent, or am ployee of the United States, or of any Stale or Territo ry, or whoever, whether a person, association, fir m, o r torpor allon, knowingly in ekes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or th e quantity or quality of the work performed or to be performed, or the cost thereof in connection with the sub mission of plans, in aps, specifications, contracts, or co sts of construction on any highway or related pr olect subm itted for approval to the Secretary o 1 Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 21, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined not more than $10,000 or imprisoned not more than 5 years or both." X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or more.) n L_J • is 0 -.0 0 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 at seq., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C:.1251 et seg., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listedon the EPA List of Violating Facilities. - 4. That the firm agrees to include or cause to be included the requirements of paragraph-1 through 4 of this Section X in every nonexempt subcontract, and further.agrees to take such action as the government.may direct as a means of enforcing such require- ments. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1_. - Instructions for Certification - Primary Covered Transac- tions: (Applicable to all Federal -aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disquali- fy such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted If any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended" "ineligible," "lower tier covered transaction" "participant," "person" "primary covered transaction," "principal," "proposal," and "volun- tarily excluded," as used in this clause, have the meanings set out January 9, 2009 in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. I. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certifi- cation Regarding Debarment, Suspension, Ineligibility and Volun- tary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or volun- tarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocure- ment portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. I. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph lb of this certification; and REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS d. Have not within a 3-year period preceding this applica- tion/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Covered Transac- tions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspensionand/or debarment. C. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible" "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or volun- tarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. January 9, 2009 I. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligi- ble, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employ- ee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continua- tion, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempt- ing to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly s s Is, i STREET MAINTENANCE PROGRAM (SMP) �Crity 2013 Project Revisions t Collins streets Map 1 of 1 S Overland HACO (Hot Applied Chip Overlay) Re is August 19, 2013 CONTRACT DOCUMENTS TABLE OF CONTENTS BID INFORMATION Section Pages 00300 Bid Form 00300-1 - 00300-3 CONTRACT DOCUMENTS 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-A1 - 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 • 91 A� �® CERTIFICATE OF LIABILITY INSURANCE DATE 9/5/2013YYYI 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 NAME: Erin Threlkeld CRIS PHOIC,NENo r�tj. (303) 824-6600 FAX No: (303)370-0118 E-MAIL ADDRESS: y>.ethrelkeld@mood ns.com INSURERS AFFORDING COVERAGE NAICIt INSURERA:TravelerS Indemnity Company 5658 INSURED A-1 Chipseal Company DEA: Rocky Mountain Pavement, LLC 2001 West 64th Ln Denver CO 80221 INSURERB:Travelers Prop Cas Co of Amrca 25674 INSURERC:Pinnacol Assurance 41190 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:12-13 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 INSR D POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY I CLAIMS -MADE �X OCCUR X DTC00190P673PHX12 0/1/2012 0/1/2013 DAMAGE TO RENTED PREMISES ERENTErence $ 300,000 MED EXP(Any one person) $ 10,000 PERSONAL S ADV INJURY S 1,000,000 GENERAL AGGREGATE S 2,000,000 dditional Insured Endt GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 2,000,000 when required by contract RO LOC POLICY X PECT GD246 08/05 attached $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 BODILY INJURY (Per person) $ EALL ANY AUTO OWNED SCHEDULED AUTOS AUTOS X T8100190P673TIL12 0/1/2012 0/1/2013 Ix BODILY INJURY (Peraccident) $ PROPERTY DAMAGE Per accident S HIRED AUTOS X NON -OWNED AUTOS X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 E EXCESS LIAB F—ICLAIMS-MADE DED I X I RETENTION$ 10,00C $ PTSMCUP0190P673TIL12 0/1/2012 0/1/2013 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFIDER/MEMBER EXCLUDED? Mandato In NH ( rY ) N / A 055760 10/1/2012 0/1/2013 X WC STATU- I OTH- E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 Us describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Re: BID 7256 Hot Applied Chipseal Overlay--2013 Renewal The City of Fort Collins is included as an Additional Insured with respect to General and Automobile Liability as required by written contract. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Collins ACCORDANCE WITH THE POLICY PROVISIONS. 300 Laporte Ave Fort Collins, CO 80522 AUTHORIZED REPRESENTATIVE IE Threlkeld, CRIS/CHR_ ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 nnlnrnil n1 Thu Ar:r)pn name and Innn arc r.niatararl marlr. of Ar:r)Pn • Insured: A-1 Chipseal Company Policy Number. DTC00190P673PHX12 COMMERCIAL GENERAL UAF31LITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY 13LANKET ADDITIONAL INSURED ...._ ....... ...... (C®.... 'RAG I -ORS - _ ..... ... . ..... This endorsement modifies insurance provided underthe following: COMMERCIAL GENERAL LiARILiTY COVERAGE PART 1. WHO IS AN INSURED — {Section 16 Is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily 'Injury" or agree in a "written contract requiring insurance" "property damage" caused by 'your work" to include as an additional insured on this Cover and included in the "products -completed op - age Part, but. eratfuns hazard" unless the 'bvrttten contract a) Only with respectto Ilablilty far "bodily injury", requiring Insurance" specifically requires you 'property damage" or "personal injury"; and to provide such coverage for that additional B) if, and only to the extent that, the injury or Insured, and than the insurance provided to the additional insured applies only to such damage is caused •by acts or omissions of "bodily hjury•"'or"proparty damage" that or. you or your subcontractor in the performance curs before the end of the period of time for of 'your wbrk" to whleh the "written contract which the 'written uoritract requiring Insur- requiring insurance" applies. The person or ance" requires you to provide such coverage organization does not quality as an additional or the end of the policy y Period, whichever is . irrsurrd with respect to the independent acts earlier. or omissions of such person or organization, 3. The Insurance provided fn the additional insured • 2. The insurance provided to the additional Insured by this endorsement is excess over any valid and by this endorsement is limited as follows: _ collectible "other insurance", whether primary, — a) In the event that the Limits of Insurance of excess, contingent or on airy other basis, that is this Coverage Part shoym In the Declarations available to the additional Insured fot a lass We' exoeed the limits of liability required'by the cover under this endorsement However, -If the EE "written contract requiring insuranee", the in- "vn'itien contract requiring insurance" specifically surance provided to ilia addifdonal insured requires that this insurance apply on a primary "tea shall be limited to the limits of fiabitity-re- basis or a primary and non-cordnbutory basis, — quiwd by that "written contract requiring in.. this Insurance is primary to "other insurance" �=- surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured saotlon to - Umus Of I nsurance. -for such loss, and we win not share with that >-� b) The insurance provided to the a idifional din 'other insurance . But the Insurance provided to the additional insured by this endorsement soil is sured does note to "bodily Injury". 'pe y drop arty damage or personal injury arising out excess over any valid and coliecfible "other fn- of the rendering of, or failure to render, any surance°, whether primary, excess, contingent or " professional architectural, engineering or sur- on any other basis, that is available to the addi- tiered Insured when that person or organization Is veying services, irroluding: an additional Insured under such "other insur- AR L The preparing, approving, or falling to ance'. o prepare or approve, maps, shop draw dogs, is, surveys, field or- 4 As a condition of coverage provided to the dais uc r Chhanangge ordeord rs, or the preparing, additional insured by this endorseent m _ approving, or fatiIng to prepare or ap• a) The additional insured must give us written prove, drawings and specfflcations; and notice as soon as practicable of an "occur a Supe[visory, inspection, architectural or fence" or an offense which may result In a claim. To the extent possible, such notice engineering activitim shcutd include: 46'08-106 c� 2UII5 iTie St "PauTTEavelers Go`mpariles; trio. " ' Page f of2 ' n+ssar t I Insured A-1 Chipseal Company Policy Number. DTGO019OP673 COMMERCIAL GENERAL L1Ab,, W i. How, when and where the °orrurrence" or offense took place; U. The names and addresses of any injured persons and witnesses, and W. The nature and location of any injury or dafrii3ge artsing otifafiha °occurrence"ar Offense. b) ff a claim is made or "suit" is hrortght against the additional insured, the additional. insured must: i. Immediately record the specifics of the claim or"suit" and the date received; and 1L ,Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit, as soon as practloable. c) The additional insured must immediatoly send us copies of all legal papem received in connection with the claim or "suit cooperate with us In the investigatlon or ssttioment of the, claim or defense against the "suW. and othorwiso comply wilts all policy conditions_ d) The additional insured must tender the de- fense and Indemnity of any, claim or "suit" to any provider of "other insurance" which would cover the additional Insured for a loss We cover under this endorsement However, this condition does not affect whether the lasur, anoet provided to the additional Insured by i this_endorsemenf is primary to °other irtsur . .. _f. ance" available to the additional insured which covers that person or organization as a named Insured as dosoribed in paragraph S. above. 5. The following deflnition is added to SECTION V. DEFINITIONS: "Written coatmct requiring insurance" means that part of any written contract or agreement undet which you are required to include a person or organizatfon as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oo- ours and the "personal injury" is caused by an offense committert- a. After the signing and exomtion of the contract or agreement by you; b, While that patt of the contract or agreement Is In effect; and c. Before the end of the policy period. I '• ' _ Page 2 bf 2 ' 62110' he a Vdid Travelers-t ompank s,-Tno_- - ' - CO m 46 08 61i 0 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY Is BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products -completed op - age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for "bodily injury", requiring insurance" specifically requires you "property damage" or "personal injury"; and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of 'your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured • 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible 'other insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement.. However, if the "written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section III — Limits Of Insurance. for such loss, and we will not share with that b) The insurance provided to the additional in- "other insurance". But the insurance provided to the additional insured by this endorsement still is sured does not apply to "bodily injury", "prop- excess over any valid and collectible 'other in- erty damage" or "personal injury" arising out surance", whether primary, ry, excess, contingent or of the rendering of, or failure to render, any on any other basis, that is available to the addi- professional architectural, engineering or sur- tional insured when that person or organization is veying services, including: an additional insured under such "other insur- i. The preparing, approving, or failing to ance". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the ings. opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured must give us written prove, drawings and specifications; and notice as soon as practicable of an 'occur- ii. Supervisory, inspection, architectural or rence" or an offense which may result in a engineering activities. claim. To the extent possible, such notice • should include: CG D2 46 08 05 m 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the 'occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit' is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit' and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit' as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit' to m= m= a o= a— a r� a� a� "other any provider of insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to 'other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. 0 008689 Page 2 of 2 © 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage_ However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section It. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: The following is added to Paragraph c. in A.1., An "employee" of yours is an "insured" while Who Is An Insured, of SECTION 11 — LIABILITY operating an "auto" hired or rented under a COVERAGE: contract or agreement in that "employee's" Any person or organization who is required under name, with your permission, while performingduties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 53 06 09 02009The Travelers Companies, Inc. Page 1 of 4 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. 007135 COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 — LIABILITY COV- ERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II — LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II — LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COW ERAGE — INDEMNITY BASIS The following replaces Subparagraph e. in Para- graph B.7., Policy Term, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDITIONS: e. Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their house- holds. (1) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (a) You must arrange to defend the "insured" against, and investigate or settle any such claim or "suit" and keep us advised of all pro- ceedings and actions. (b) Neither you nor any other in- volved "insured" will make any settlement without our consent. (c) We may, at our discretion, par- ticipate in defending the "insured" against, or in the settlement of, any claim or "suit". (d) We will reimburse the "insured": (i) For sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "insured" pays with our consent, but only up to the limit described in Paragraph C., Limit Of Insurance, of SECTION It — LIABILITY COVERAGE; (ii) For the reasonable expenses incurred with our consent for your investigation of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit de- scribed in Paragraph C., Limit Of Insurance, of SECTION II — LIABILITY COVERAGE, Page 2 of 4 C 2009 The Travelers Companies, Inc, - CA T3 53 06 09 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. r 00713a and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (2) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess contingent or on any other basis. (3) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (4) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph AA.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". COMMERCIAL AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL EFFECTS The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and . c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); CA T3 53 06 09 © 2009 The Travelers Companies, Inc. Page 3 of 4 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident' or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident' or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph 8.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. a Page 4 of 4 ® 2009 The Travelers Companies, Inc. CA T3 53 06 09 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. • SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT OR SPECIFIED PART.SHALL INCLUDE: PROJECT TITLE: 7256 Hot Applied Chipseal Overlay 2013 Renewal LOCATION: Fort Collins, Colorado OWNER: City of Fort Collins CONTRACTOR: A-1 Chipseal Co. CONTRACT DATE: August 22, 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. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER DA REMARKS: AUTHORIZED REPRESENTATIVE • E SECTION 00300 1-3111Ms] ViTil SECTION 00640 • CERTIFICATE OF FINAL ACCEPTANCE 20_ TO: A-1 Chipseal Co. Gentlemen: You are hereby notified that on the day of 20 , the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, 7256 Hot Applied Chipseal Overlay 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 August 22, 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 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: A-1 Chipseal Co. (CONTRACTOR) PROJECT: 7256 Hot Applied Chipseal Overlay 2013 Renewal 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the • above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes • and adequate description of the property and improvements to which this Lien Waiver 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. Title: I_11i1WIN Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of Witness my hand and official seal. My Commission Expires: Notary Public 20_, by _ • 1] 51 • SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: A-1 Chipseal Co. PROJECT: 7256 Hot Applied Chipseal Overlay 2013 Renewal CONTRACT DATE: August 22, 2013 In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , 20 (Surety Company) 0 ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303) 232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) A U DO NOT WRITF IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) Period 0170-750 (999) $0.00 89 - CONTRACTOR INFORMATION Trade name/DBA: Owner, partner, or corporate name: Mailing address (City, State, Zip): Contact Person E-Mail address: Federal Employer's Identification Number: Bid amount for your contract: $ Fax Number: Business telephone number: Colorado withholding tax account number: Copies of contractor agreement pages (1) identifying the contracting parties EXEMPTION INFORMATION and (2) containing signatures of contracting parties must be attached. Name of exempt organization (as shown on contract): Exempt organization's number: 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date: 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 1 • Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent • number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. 0 SECTION 00700 GENERAL CONDITIONS u • u GENERAL'CONDPrTOI ' OF THE CONSTRWGT[ON CONTRACT These grwa L t'nNDITIONS,huva beeh' lrveloped by,using the ST"ARL) GL?�tGTtAL CO'NTDITIONS nP TTIM- CX_)R UCT10N O CNTRACT prycparud by lha Engigccrs And -Conti 'Comm'iftcc; bCI V,N6. -191 U-8 (l WO f•dttign); as a 6asc..Chang6s Co ihat document are shown In• wideilining,im that has!hocn.added and .striking throuih textiiiai hasleen MeteJ. r7CDC GPNTR 'L CONDITInNS 1910-3 (1,996'r-iJ) TION) WI hH�CIIY, OF P'OIZ'I CCOLLINS,MO1 FICA LIONS (RSV 9/99) Article or:Paragraph Nu.ffib,ur4- Title DE =-IONS TABLEbF CON-rrNTS,OF,'i3,F,N,]-,,RAT..,CONDI-TI'O'NS,' P* Article avParagrao . h Nllirhk.r Ntdi.1)er S-,'Il Itl& II Addenda .......... .................. 1 :X Auc6nlcrit�.:... ....... ;, ........ .. ........ 1, 1:3 Applicationfor Nslneq ...................... i: j,4 Asb�i;!&s ....... , I . . . . ; . I . . . . I . . . . . . . . . . I ' ' ..:.::I 1.5 Bib ................ ......1. .6 1: Biddind .............. '13 Bitfdirlu Requixements ............ ,:;;l us Bonds:,. ..........;............. L9 Change Or.der ...... ................. 1-10 C ontract Documents. ................ -A 1. 11 UhtiIict Price Contra6t Times ......... h13 cp,\,TRAcTOR ..... ...... ....... 1. defective ve, 1,15 lX#*in �s .. . . ... ... 1 16 ......... ffcijv 6 ai, ocz Agrqcmcnt F . 1; -------- 1.17. ENCYR�EE R.... .................. ...... Its ENGWEMS3orisultanl....... ...... ,1' 1 9 ly e� 11 l'.,2Q, General erk I J- I Haiardous,Was�tc ........... 1i22.a 1.4i.vi'and Rjgul,6tIons:'1'.m`vs or Regulqtions . ........ .. I 212-b Legal Holida ys ...... 1.23 Liens .................. ............. 3 -4 Milestone.;.........._................ :. .. .... 1.25 Notice of'Award 136 Notice TOT'r,aeced ........ ...... ............. 2 1.27; C'A WER 1.29 PCBs;:: 130 Petroleum,,,,,,,,,,,,,, , 7 1 31 ......... ............... 2 1 3la Radioa6tivc,Wterial .............................. -7 l3lb r - I .2 133 Resident Projec R pe5en18ive .l. r..r-s" iJ4. 'u' Samples -.:.kin.. .-...0 .. 1:33 riwin s......; .............. Shop Drawings:.......: E 36 Specifications ................................. 1:37, Subcontractor ......................... P ..... .. 1--,R: S61Ismal'al Completion ................ : 139, y SUPPlerfientar , . , CoriditionA ......... 1.46 Supplier > 1.41;Underground Facilities 1-3 1 A2 Price ....... ........ J 1.4j, Work ...... ........... ....... IA Work- �l .45 Written -Arneridrtrnit.................. Ntiffibe I 'r, 2.-1 6,liv&y,of-Bo"nds ..... ...... ...... 3. 22- Copies ofDbeunichus 23 canmencement.of Contricit ,Tih)m'Notke to,Prdc6cd 2.4 Starling- the 'XVor'k .... ....................... �3 2.5-2.7 "CONTRACTOR's Responsibility Ao keport;, Preliminary qch4lcs; Del er IV yinf('c rtificatesof I nsurance '34 19 hiitiially Acce-ptableSchedules ........ ,�4 DOCUMENTS: I-NTEW, REUSH,.. 4 I ritc nt ............ 3,4 lntcnt of Certain Tcms or, Adjmtic§ ......... 5•. 3:5 Amendinu ConLract Ductments.—, .... 5- 3.6 S-uoplern entihg Cantract Dbcwncn[s 33 ................................... Reuse 0 AVAJl.ABlUTy,'oF LANIns ,SUBSURFACE AIND,PHYSICALCONDITIONS,- RUERENCETOWTS .................... .................... 5 4.1 AvailabilityOf 5-6 4,2 Su bSurfi�tcc ind Physical ,Conditions... ...... , ................... ...... 6 42.1 i Re and,!Waiing.7 ....... : ...... ....... 0 2 1 , iltiid ReliancebyCONTRAtl limited TOR A-Ithbr-ize—d' Tedin-ic1a-1 , 1 Data............. ........ ........ I ...... 4,23, Notice of,Dilf,e'rm.6 S m6tirfaZi of *sical Condition.5 .................. j5 4.2.4 worj\MFR's'Review,.,,, .............. 6 .4:2:6 Possible Price and Ti' es Adjustments 43 Physical rid grou. aciliti .......... ............ 43.1 Shown or IndtO ..... .... .. .......... 43.2. Not, Shmm 6r Indicated,� ........ _.-7 4.4 RtftFcr 6c:P6iFit!k ........ : .................. EXLXGLNM1 CO&-DMONS 1910,80-99-0MUON). 'Tw OTYU FMtCOl.I.6;S 1,16DWICA11ON5 (REV 9199) 0 0 0 -Article or Nragraph' 1134c ,14uni-her &.fitle Multi bar PCBs;Nirojeuin 1112-mid ou s _;� c 0 r Rddioklive Material 8: o: BON DSAM) IN -3U kANCH� ......................... ....... Bunds, ................. ........ 513 Licensed Sbretica'ana Inkirers:-' Ifisuratice, ;5.4 OR's, 1, i W I i ly frisumficc................... ...................... 9 5.5 OWNE R's, Lid 61 fi ty In.s-uranue:. .......... J) -3 ..6 'Property Instyan I cc ........ ............9-10 .5.7 Boiler and Machinery or Addi- tionil Property Insurrinee ...... ....... :.l 0 : ING Ili c e 6 f (;'a,n,c c I I a t it 6 ii' I ',r,o,%vs i on )(I 9 CONTRAC-TOR'iRespoiisibi I i ty 'for Deductible Amodnts ........ I() ;5.10 Other Skciai In-sornfic"%."': '10, 5.11 Waiver of Rights ............ ........ 5 J2-5 . ,13 ke&i;1 and Xppiioiitiblh of Insurance I'tocceds 10,11 -3 -14 .1 ...................... Ac i: th , ri- " t ance;,Optiqnjo Replace 11, 5.15 'Pattial Utilization-'Ac4ierty ................ ........ . II 6. MINTRAcrMS RESMNSIB11.1' I IES o.142' Supervision and Superintendence,,: ....11 0 1A J-,-Abort Ma- icrials and Equipment "" I ,6:6 Progress ............. ... Schedule; 2 1 6.1 :Stibstltiil.C5 ;id br-Eqiiiil, iicms, P,'NGM,*ER'g Hvaluat;on- :1 2-13 .6;-S=6.. 11 ConcerriingSutconlrnclors Waiver'llFRigiiis ............ :.:..)3-14 (j, 1< patent Fees and Rqyaltics d 4 n, I v Permi`ts - - , , , - - , —, ----- ---------- , 14, 6'14 ....... 1, c t, mvs Rnd R gUI2 i6ns �14 6.15, Taxes ...................... I ............... L6;16 Use of Prelnises� .. ........... 15 6:17 Site Cleanliness ' 6.15 Safe Structural Lcading ....................... 15 6.,19 Record DourtenIS;., Documents- . Salfctyand ....... 5 16 6.21 Safer} Re 16 ;6 22. _prisen-tativ.e HazardCorrrmunicatiln Progrims;.,... 16 6.23 Emergenries; ................................ !6:24 §'hopbra�w'irg'sand m is Articic:or lhiakraph. Piige: I Mira -Nuffiber ' 6,25 1 1 6 ':6 J6, h'og aaivmg, X .Sample Suhinit- alils Re3iew by'&GHNEE`R, . 16--*17 6:27 ,Re'--ponsi.Oity (or,vtirrltion4-s" From ContracrDocuments ............ 17 6:28 Related Work ,Performed Prior 6.29' Cuminiling the Work . .... .17 6JIJ CONTRACTORs Cencral Warrantyand Guanintee * 1,7 3 1 6.6.33 Indemnification., f, , 114 survival 6rObligations......... 'T, jO-T flER WORK..... : ......... ---: ...... ......... 7.4t.7.3 Relsted W6rk at Site ,8 OWNFER'S RESPONSIBMITIES j TRACTOR; ...... 8.2 ......:.:...::..:IS -RrplacurninLofENGfi\TER . . . _18 S. , , " Ournish-Dit'a an'd-Pity Promptly Iuc� � 11 :... .... I.."..- ........... I ) Land& ind Easements; Repoks is ........ ........ I .......... 1 81 9 . ..................... .................. 1.9 'S.6 chlinj&,be&fs, 1lpprovifs ...... Services ti:9, Limitations on O VNTEwS Resparigibilities: .......................... 19 9:101 Asbestos,,, ' PCBsP&1oIc1uM,. Hazardous Waste or 8.11 Evidence .ofFifiiln&I Anran menls...... ......... 219 ,9. UN(.31N 9.1 9.12 Visits its .......... J19-21 9.4 Z., C641ca'tioris and Inue's ., WZ I I- rations ........... ............. o 9.5 AlitKorlzed Wriaiii&iiiii.lWk,_,�'21 ExDC'GENElbIL, CW01116NS 1910 -8 j 100 ED] TI OM iy! i6&,-(jF FORT ,6 w "i n, nI hi In 0 V. S p. n ul & 16 6 o Z., Fl q. IV Jr tj 94 04 10 'o "0 1,6 U., pi S 8 o6 oo ',oII 6 1-1 .CD 00 0 Page,Aificle or:ParagI raiph Mago. Number &-ritic , Num her Nuntli,r -61tic7 Nunlicr 96 Rej&tingbzfectiva-tVork 13:8-139 tjfic v6ririe.Work -at ENGl- 0.749' Shop, Drawings, Change Orders Nl,:rR!s Request .................... . 27-28 and-Nyments ....... ........ : .............. 21 13.10 0WNE12by Stop,thc"Wor :28, 13:1 1 Coricct.1'6a or'Rcffiovv.J,of I necislons on Disputes;Disputes;HNG1- De "Nark.......................... :.?8 -NEER as Initial Interpreter 22 1 3. 12 Correction Pefibd:�� ... 9.13 Lmi5iations an b4blNEERS 13:13 'Acceptance Of D&clive:Wark'., ....... 28 Authorityand es onsibiliti�4,_ �R p _21 3 13 14 OWNER Corrdt De ec.five- .. .... E_-,HANGFIS IN ....... : ........ 23 hi UW�NhR's OrdUcd*Change .............. ...... _�23 14. tAymF.NTs:i a&�bKh4AdfORAND I'U.2 . Claim tor_Adjustnient': ., '1� COMPLETION...... ....... -29 . ioi Work NotRequired by Contract 14.1 Schedulc'of Values ...... . 29 .......... 3 1 4-J I Pr ogress Xppli cation for '1().4 CharviOders.; ......... ....... I I payment . ...... , ­ .... ­ ­ , "' ...29 to, 1cu�rctv, N atICation orse 23 C Mtle CAANGE OF CONi_- "CTTR10E .................. )442,1 j Review" of Applciti6ns,fir 1 L 1 13 ........ f.6rArAct Price; Claim'for pr ,:,29_ .�djustment: I Value of 14.8-14 1 .9 Substantial Completion—..,,, ... �T,...30 the W 214 14-110 btilizaiioq UA Cost of 111P Work._.. ...... . 14 *) .25, .- 14:11 Final Inspeciion .................. ........... 31 11.5 Feclusians to Cdsv8filk Work,1.:� 14.12 F 11.6 codkAdfctR's Fee ... )5 14.13-14.14 Final N)Tnent and Acceptance 11.7 Casi Records, :,� ...... _.: .............. �_.;25'-26 14:15 Waii•tr U Cluiffis, ....... Casir Allowances,,,: ; ......... 16 t Price Work.._.. ........... --- 26 15. SUSPENSION OFWORK .,%ND TERMINATION I ... 1. — ............ 32 bIA'NGff OF comrkACT TIMES. 26, 151 . 1. I. May Suspend Work ........ 33 12. 1 Claim for -Adjustment ................. . 26 ........ 15,2- 15:4 M E I' R'May. erminatc.,., ............. 12 - -�2 Tim c of the Essmcq ......................... 26 15.5 CONTRACTOR Nlay, Sid' li� _ D�Clays Bcyund'C­ONTRACT , ORs Work or Tcrrninatc:.,, ..... :,__;..32-33 Control : .......... _'?6-21 7 1-2,4 M�1ays Bc-yidOWNRR's'rnd I. 16,• DISPUTE RESOUMON1 ........... 33 CONTRACTORS Goir6l......... .. _;,.:.27 17.. MISCELLANEOUS_ .................. ........ ...... �33. TESTS Al . \TD, INSPECTIONS; CORRECTION. 17: 1 .......... iRE N40VAL , OR ACCEPTANCE I Computation of •times,; ................... , 33 DEFECTIVE WORK.....1 ....................... .................. 7 11 733 Notice of Claim ......... 33 l.i I Notice of b6icts: .............................. P 17A ................ Cumulitivc.RcmedicT;.,_ 33 13 , 71 Xcc6ss *to th'c_ Work' 1-7 175 Prof 133 Tests'and lnspcctro'ns; Costs Ificitidad � ....... ........ ........ 33 CONTRACTOR's Cooperation,,, ..... 27 17.6 App!ic:2blc State Laws;,,. .... 33-34 13.4 0-WN-Ek' sResponsiWities; Intentionally left blank,,..; ........... ­_�­__'­ ......... 35 Iti0ep-5nden't Testing• LiiJborwtciTy..,, 22 7 -13.5 t7.oNTPA&6R!s .... EXHIBIT GC -A: (Optional) Rz$ponslbilities...... ...... i 1, Dispute Risoluticin A-Preement .............. ...... �.GCrAl 11.6--13.7 Covering Work pr.iof . i6j716.6 A1rhifi-ratio-n -------_----------- ---- . i n:Testin arA rova1__ 16:1 Mediatio' ZCAl 'Ekoc Gs —AAA C661TIOM 1910-8 (19,916 M]110�0 v�iCITY of ]FORTIMI.T.M MODTFICATI.ONN (REV gf")- 0 0 0 0 0 'City 6POdri,Collins ii6dificitioristri,thi defiiirai (:o-nditiois 6ftHc (ton4r6cti6ii'Ci5rit6ariii notshonvyi,i'n' Ahis, index I - ;.Art ide or -Paragraph Num Ker �.Adcep I Lance or—' Rondoand jefectivevork ...................... 13.13 Fin"al p-syment ................... ...... ........ 9..IZI 14,15' insurance.:. ..... ........................... 5!,14 ;,other Work:, Ey'CONTR.AGTOR: ....... 1 ?3 .sub.s6littes.and "Or -Equal Items q ...... 6!7.*l Work by OWNER .............. � � :15, 630.,634 .Access to thez- Eands. O'VkE•R'and (70--N'I'R'A'C'I'OIC site; related Work., .... 'Work, ..... ,............ 13.2. 11�14, 14.9 Acts prOrnicirs Acts and i5" issini`issio CON TRAM OR.-,. 69-1, 9.1-3.3 6- 20 9.13 3 ....... ......... ....... ....... .......... 0,20. .9 1:6J 10 6t]9) 1-1 Cofi"ft Price 6r,c6fitriiiBt 1 5_3.5.4:1. 43.2, 4.5.1 9.4; 9:�5, 10.2-,10-'41 11, 12 14.9 15A -progress slch6dulr ...... ...... ...... ... 6.6 Agrecmcnt�- ................................... I .................... j.2, "All -Risk Insurance policy fbrqi�, ........................... 51:1672 Allowances Cash xmendin-g,Co'n-L,ra*'ct'Dccumen-t.sl,,, Ant en�tn eat:' Writtzti_-. *i6,gcnc*ral ................. j,10, 1,4,3:3,5;10, 5;12, &6.2 GS .............. im; 1(,4' M.2. 1-2)A;,11.12.2, 14.72 pippc! OVN MI or CONTRACTOR 1� I - - '. - - , 2 lintc6t to .......... .9210 9.11; 104, 16.2, 165 Application for Payment�' definition of ...................... 9:9 final papTient ................ 9 114 % 1 35�1112-' 14:1 in 5 .6.41AJO. 15:5° prq&r5ssPaymen1 .... ...... - ­14.1-143 .............. 14.4-147 AYbitration. ........ . ...... ......... _.. I ........... Asbmtos— claims punuant thereto.4.5.2,45.3 .. . ........... . ........ �60NTPLACTOR:auth6riie&to stop ........... 4.5.2 d,firiition bf ........................ ............... 1­1 ...... 1.4 -Article orAWxq6K liar 4 ILI times change .4-3- 18 ....... I ....... OA:2 in \Vork .......... 3.6. 6:25. 6,27,- 9,5 ...... ..................... 8.4 ned A.25 of 1 1 in Ly i I Requirements ddmitiofi 6f ... ................ ...................... 1.7 1; j;q.6:2) Bonds­- acccptance of." ..... ............... ­ .......... 5,14 ,additionalbonds . � � I � CIS .......... ....... ....... :Cost of the Work;,,„........ b..; ...... "I IJA dertAition 6f: ... .................... ...... deliv of.'........... _cry, "' 5,1 final App�ti6tionfor*lla*)7'ni-6't'.1. gaic.ral ......... ............... 105.1-5.3.,5.13; .. ........ Perhimarct. Payment and Other 5.1;5-2 Bonds and Insurance-`ingeneral Builder's risk policy1orm,,-.,.. A 5, �6 :2 ',Ca nc6l I ationProvi si cmis;'I n.wrnnce,..,,,: 5A. 11, 58, 5: 15 ........... Certificate 617S' 6362JI ...... ..... . 14a; 14,10 ChtTge in Contract Price-: Grish Allowances 1.8 claim for,price adjustment,,,,,,,, :AA, 4.2.6,4.5, 5.15,,6:8.2, 9:4 ......... 10.1), 10.5; 1.1.2i 13:9. J. �,'i 4 Ji. I 5]'l , I 5:5 ...... :.:: ...... CONTRA( TOR's (cc 13,131; 1 14 .................................. 11:6 1.ftl lAr 11:7 11 9� �% 1,441 4, 11, 10. 4 :2 ljtI, 43; 11 ............... .,. I ..................... orc Work` .......... .............. ... 13-9 FXT)C'GE,NLRAL - CONDITIONS 1919�80_9,90 MITION iv/ CITY,& FORT C(MUNS MODIFICATIONS (RFV 9t991 I Iniii price' wdric. :..l 1:9 AAicle ordPjragrap[i N4in 1.)6r Value'bf Work ..... ........... ........ Change in Contra ct I. imc--,= Claim for flnfcs djIs Ini :.4- 1, 4. 4�5; 5,15, 8_ -9. 116 � 9 .4 .- 11 0:2, 10 � 12, 1. - 1. . ... 11301 1 j. I 3. 15,5, Contractual tirncliraits;.: ........... - - - Delays bevond CONTRACTOR'. control i 2.3 Delays Nyond OWNFR's'and 12:4 Notillicidion I of surcCv., .................. ......... ;10,3-10.4 ,Change Orders -- Acceptance orj.)efactiv'z Wort:,.. : -------- 3.1 ' 3 Amcnding Corittact Docum ents ........ ...... ........... &'xin'lic of C6ntiact Pricy � ............. I 6 lum je cfContrac Changes thVo ' rl ........ � 10 C 'r CTORs fee ......................... �'O'isi 6f-tlic T�..Jj.'6 1-4- , I i.7 Cost Records_, ....... emergencies ,. 6.23 ............ hm-'INLE-les resp6risibilit .. I l'2, 12A --cci 6C.. * ................................ ..... ;. ... ...... 'Indemnifictiorl ......................... r 0.12, 6-16,'63116,33 Insurance, Borids-an . ....................... 5-101 i;13, 10.5 OWNER may terminate ............................ 15,2-15.4 Re a, - il�ili�t y, OWNE.'k ti sp.s ....... iO.4 4. ..2.......... . Rc8&d bm C-trits um-n ------------------------------------ 619 - -----. - I . - Sctipe of Ch-arki: ...... :10.3-16:4 Subsiiiutes ................................... ...... !.,473; 6.8.2 Lfnit Prici. Work ; ; 109 Value 'af Work, covered lby: ....... ;11:3 Changes,in the Work,... NTolificstidiii Orsuritv . .. ......... ....... W.5 OIN NIER!s and fespckhsfbihtics * ....... I .......... ..... :-11( . J�. 4 RigbLto an Scopp of change;,:„ ., ...... 1103-10.4 claims -- against CON -r.RAC`['OR-: .................. 6.16 against against OWNER:[... 632 qhange of contract Price,,,-,,... . ........ 1.2 ChangChan of ................... e �cntract Tunes .... ... 9.4; 123 .. 'CONTP,ACTOWs:_,_.., A..7,1. -; . 9' .4 9.5.9.1 I:t 10:2: .............. ; .......... :.j L-2; 'I k, . . - , ..................... V, .... : 15.1; 15;5: 17.3 -CONFMACTOR's F c .................... ..... :1 1'.6 Ai , ticlEoF-Par agrtiph No'hiber CONTRACTOR!s liability:.: ........ :5.4, PA 4,61'6, 6.31 Cost of the Work 11.4. 11.5, Decisions on, 1) mputes � ............................. �9-11, 9.1,1 Dispute Rc;'sblution�. j6..I Dis pute Resolution Agreement:....... ......... J61166 ENGIINDERas initial ...... Lump Notice of ............. ....... OWNER's 12.1. 139-1113:1114.- 17.3 ................. OkvI%jL•'.kmay refuse tomake psytnent; ...... ; ...14.7 Professional Fees and Court Costs .Included:_::.,. rc4u�cst for f6irmal,Accisio'n pn ........ Substittiie'h6ms. 0. 1.11 .......... ............ ............ 2.1 Time requirements .............. ........ 'iii6ewcirk lj :ai ; 'Uniti Value of:.......... .............................................. J.13 Waiver of -ion" Final , 154y . n , i . c nj ... Work Change'Directive.... 10.2 wiitten notice required.,.,::,, 12:1. Clarifications and Interpret I ati6 4. ...... 3.6. 1 3, 9.4, 9:14 Cleaivsite... ............. ..... . ........... ------- - ... 6:17' Codes Of -Tedlin , iea1'5o* , ty"OTganiziitiq I I or Association.,. ......... ...................................... �.I3 Com i n .cneemc .nt of -(.:.6ru'Vaet-'rinic-9 ... ....... 23 Communications- gencral 11'azard Communication Pr Completion-- -Final Application for I yntcnl ...... Final Inspection --' - 14 11 - F Finial Nyment and Acceptanu --------------- 14. -14.14 Partial ...........................................J4.10 Sub I s I tahn , at Coinpletion-' ... 14.8-149 Waivcr of'bl"-'Iims .......... Clornpiitati6ri of times ........... I72.1,-17,,24' and 0lier - s ................................... ...... acceptable i&eduleq NChOrk.18,.............. ............................ *Irt --------- --- 3.'3.3 �g by ................... ............... .2. 152,7 7 Equipment j etc, ! .......... -6A .................. ......... 6:29, 10A . ng ....... .............................. 70 ...... ........... 3:5 ............ I ............ ; ......... ....... LJCDC GENEKAL COMAIiONS 1910 8 (1990 1 E) I nO"?,ii wit CITY OF FORT MIJA*S MODIFICAn ON% rREV 9199). 0 11 Is 0 0 0 4Cash7 A I lo.wajn"c6s, ...... .................... Ahibie or hare * it grp a 341dmhly 'Chahg� bf,,Cofitra�t ......... ............. 'Cha'696 of Contract I imes 12 'C6 angm, * in thy%Vdrk......... ............ 0.4-�10.5- 'check rind virilly ­ � ................. I I tunny.Intzrpret 3:64, 9 ,I t .. 4 . .. ...... fin. ,deition of ,ENGINIFFIZ as initial intc'rl)'rctcr of .. ..... ENGNEER as OWNER's Insurance,,.:.53 .......... .. Intent ........ ...... 3.1-14 mtnorvnriaiionisi6i'thev-Tk * ........ 41­.M­.­J�6 ­ 'resP 9.'orsibility,to 6i'M'ish'66 ........... 8 - - 3 . ,Q�k WER's rcsponsibilitv to pi ]U Prompt pay.rnent' ................... 9�31.4,4. 14--13 ,precedence .......... 3-3,3 Aecord Docuni,ents ...... Reference to Standards and Specifications 33 ............... 2 .3,31 Un it F`r;cc: AN!01 !(.- , ­ . - ..: .................. ...... 1.9 lvarim6s; -2 " ........... ......... ....... ��.6, 6.23, 6� 7 Visitsto Site,. HNGI NF.F R's ': .. . .. ...... .... :: y,2 11.2-11.3 De6siO6 ioi Disputes',,:....... ;dch_n it iono(. ....... ............ act I adjulstriiehiof.-.,..---.-,�---,,.,,,,..�.3k5.,4 li9.4,,I0.3,F1,1 -Change of.; .......................... .....I——........ 1. 12.1 ` 1,2:4 ntCommence . ent.of ....... ........ ; ......... w 2:3 dAln-ftion ........ ...... :JA 2 Accepta666 of Inidiiin-ce- 5J4. ....... .......... ........... K�.2. 6,9,T �ContinucMork ..6,29.1 0.�t ,coordination it'nd schedtilin" , , 9 .......... 1 2 definition or :Limited Reliance on Tichnical ........ __412 ,114aY, Stop \Vbrk or. ' Provide site access i6"od-icir-s- , I . ...... 72, 13,2 I— ... : ............ ; - ;Safely ;and Protection, _,;. 4 ............. 4:312, 6.16, 6. 18,. §itop d S Drawingon , omple,RePew r to 56.64iusl 0,25 stop:Work rci:luircmcrns ....... I ........ I ............. 45 C.'ONTRAC-TORI A'Tiic1&6f,P.;fi-'- ph - I - . - I I .- a9r.9p N"aiiibier ipcnsauon..................... ....... ...... 11, II 1 2 tinifing'ohligation .............. ....... ......... 14-15 .-Wye Wort."' �.; ... , 13, 14 ii.'.cU'ffec1qefevtiw'work ........ .......... OJ I to Repoit,--, Changes,in the Work cqused'by Fin' rg'c'ncy', ...... ;_ ....... Defects in Wdrk of Ot 1 3 ............. iicnt'nn�d Michirnery' Rental; Cost the Woriz� ­ ...... I ..... ­.. I .......... ............... J 1�4,53 ost P�Iiis..... ...... . ­ I 15: 1, 11 it Warranty -and ' duarintee ........ I Comrnunicitiion Programs ............... ,_J.-22 12:.6.16; 631-6: 33 Finn ortIle Worli ......... .......... I ......... 7:3, 13:4 MatcHals and EcIiiibiiie- .nd Regulations,-Ck ompliqe by insiir ,knc I e, .. ....... 4 Of InLenn'to Appeal ..... 16.4 ion to, perfo!m and complete Woik .............. ...... ..........6.30 Fees and Royalties, paid Corby .... .......... AA2 nance,and 4111cr Bonds . . .. ..: 5.1 .......... . s, obtained and paid for. by ................. 013 16. 21. '5.9. 6.6, ........... -629_10-4 J5:2 I ffor,r&MW decision-6n.di.iptites, .......................... ; ...... 6.'8-6. 1.1 tirk .... ...................... 0.10, 10'.4 expense .............. G . enefall Warranty - 7:3 For ................. 9_1�6k2,.9,13 for:drdu ibleamotmts:insurance ................. general ......... ................... 15;'72,,7.3.. 8.9' 6,22, Indemnification;; ................................ :63 1 6,33 EJCDC'GENULAL - CONDITIONS 1910:8'jiqoo rtiaiom CO w/ CITY OF FORT MIN'S L.ahor;'Materials and'Equipmcnt,,,,,,,,,,;;6 3 6 5 La%is.and Regulations ., ._...„ . ,_-_- ,._,:6.14 Liability' Insurance 5.4 Article or Paragraph Neat&-,' Notice of t•ariation from Contract Documents ..... :.....:...................... 'P.17 'PdtCrit Fee's'and Rovaliias;.:.:......... q.12 Permits E 1j3 ProgressSchedule..... _..:.......... :...... .,....:.'. b,6 Record I)&UmcnLS ......... rm ic_la_ted Work,perfoedpfi.b(to ENGIMEER's approval or required safe structum oadmg.................: ....:..::,,,6.18 Safety. and Protection ; __.............u.20, 7.2, 13.2 SafetyRepresentatiie._..... Scheduling the Work ....:..:...............: .:.6 9,2 Shop I)rawingsand Samples,,,,,,,, ,,,, „.,;6._4. Shop Draw.inp,and Simples Review by LNGLNEER Site Cleanness; i5.17 Submittal Procedures _ ;6.25 and Procedures . 6 .7.2 Substnutesand"Or Cyttal" Items - 6:7:1 Superintenderice ......... 62 Supervision ..:. ... 61 Survnalof061igations ..:... :. 6,:14 Taxes...................................... (a U Tcstsand inspecnons.?,,,,,,, ,,,,,, ,,, ,,;.,1,:5 To Report 2.5 Use ofPremtses 6166.15 630,',9 Review.Pnor, to'Shop Draamg or 6 J. =Ri& t,6 adlusititcpi for changes in t6c right to dalm .......... 4 7.1, t).4, 9.5, 911 10 2 11.3, =15 11 i9. 1 '. I. 139; 14.8, is. 1 5. 173' Saretyand dProtection ....... 620-6.22:72, 13.2 •SaleiyRepresentative ............... :,.6.31• Shop Drawings and Samples Submittal-;..-'6.24-6.28 .Special Consultant'—,1i.4:4 luhstitu Construction'M&hods and PMEcdui;6i:6i7 Substitutes and "OI-Equal" dieins. Expense'........ ... ....... .: 6:7:1. 6.7 2 Subcontractors.SuppliersendOlhery ,;6.8-6.11 Supervision and Superintendence........ ... 6,1, 6.2, 6,21 Tom% Payment by.... 615 Use"of Premiles.......... Warranties and guarantees.. ,,,.:. 6 5; 6.30' Warranty off I'itle......... :............................... ....14-3 tcrrtiinatc �=15;5 ea . _... Stl C_onditions ....................... 12.3 Coihplollon„.,,:, 14:8 am COO; RACTOPS-_•other..:.............................. ............: 7 Contractual I. tabilit} Insurance;, , �-4JO Crvntruclual Time Limits 1" :Article or Paragraph ?\umber :ACTgR's resp6nsibility ......................:,6i9.2 )itcuioenis ..... .. . .................. ........... ?r Petrol .:, a 3;12. Removal or Aceeptanoe' ee \York-: ral ,.,_,, 1�4.1 li lit-19:14 mce ofDejev Work .........;13 13 onrii R nt'al or ective'tWork, ion Period ............... ......... 13:12 k May Ciorrcct Df ctiim Work..: 13.14 2.lytayStop Work.::.::, .:.... 13 10 and lnapachoni.:.... :,: .... :134 ;c, additional ................... J 1-3.5,9 :.. i 142 ee .....,.. b1:6 ................. . .....................J1;? Hain office and dvcnccad cxpcnsc;..,.,,, :11.5 Losses and damages ......... .I....... Ivlalcnals at d,equipment...................... 1L4.2 Minor c.Venses............... .......... ........ 1,L4:S S Payroll vests tin chanbr$,;;,,,,,, 'performedbySubcontractors Recordsil,7. Rentals of,c¢rtstrucfion equipnitnt •nnd niachin�ry -.:,.. ...... 1;1:4.5:3 R6yalty paym&llt :-perm its and license fees,. ....... ....... ....31A.5.5 Site office and iempornry' ctLtre4�....... ... 1 A..5:27 Special zonsultants, CONTRACTOR's; 11:4;4 Supplemental,,: I 1z4 5: I'a.�es,rclatcd to the Work;,. ............ „ „ 11 f4. 5:4 Tests and Inspecttun :........ . . ........ ,,_ j3.4 Trade Discounts,....:.....::.:. :,:..... .42 :...I1.- `Wlilies, fuel and sanitary Canhues„..., 11.4'S.7 Work'afler regular hours,.,., 71.4.1 Covering Work_..........13;6 13.7' Cumulative Rctncdiea ..........,_.,.. , 17.4=17� Cutting, 6tli19up pitehi6g;,:. - ° 7._ Data. to be furnished by, ORNER,_ .9.3 ... 17a} lerinitlOn of ................... 17,22 Decisions.onDisputes 9.11;9:12 ._._. dtfeciive—definition oQ Acccplance of .......:........I ..... :..............10.4.1; 13713 rJCDC ttu-Nfi[tAL CONI)InDNs 1 s1 a -a t199arvtnOto w!C7TY GF FORT COLf.I. FIQDIFICATION'SMEVB/9�9). n i 0 0 0 C6rreciibn-or R&iicival of I ft n g5ne 41 .............. IAA I Ark cle o , r Pnragriilph N6rabiir- ,Observation by FINGINSER .............. ........... 9,' ,ONld XVNER y S 1 OPAVork ............ ........ . P r zim 0 t N o-t i 6e b f D e re ct s� .... ........... I ........... . ....... 6, .......... Derjtiitions ......... ................. Belays ....................... I ....... j AM F, Delives e dcq­ . enies or -in uran. c ........ 2.7 be-lerminali,o-n-s f-6r,Unit, Prices 9 - In' DAcring Stibsufiace or Physical cooiiibos�- .. . .... 4.2.3 ,ENGINEER's ReView ........ �. ....4:2.4 IPO�-ible 6,ont"ract,bocuments ChahZm ............. 4-2 IS Tossiblc,Price:itfid Times Adj ' at s' s tuent ....... ... :.4:2,6 and Resolving ;1S 3:3.2: 6.14,2 J)isput , e Resolution-- ............. Aihuratiofi .16.1-16.5 Mediation .................... ........ 16.6 bisputo Reso-Iuiion Agieemenl ................... ....... 1�6.1-1(.6, Disputes, Documents -- OWNERS Representative q'I Payn icnvs'to the ,C'(')NTRA(, rOR� Responsibility 9.9-14. R66m mehilt'tiono rP,-,-- Recommendation Niimhar 9.11- 9:13 .Review: cif-Reparts ;on.Difl-6ring Ski cc an I Physical onditions -I.4,2A 'Shop Drawings arid Samples, ievievV ......... ... Status r)uring ..Cqnsirdction* autfi6riied vanst16hIsin LHI: Wort, 9.5 C I srih cati ins and lotdrp-retat i 6n;3 9.4 Decisions cn'Disputes::......... 11--9,112 Delern,iinations on Ur in Price , '10 ENGINEERM Initial InterjVctcT. 9,11-9: 12 ENGITNMER 's"Resprinsibi )iti�§ 'toiii -'CS'6f Equip , n I i , c I n I tr ......................... Record 6.19 Equivalent I Reuse of„:::,...... ... ....... 17' herror or -urn I ..... I A 5 Evidence of emenL% .. .............. -4.1 F\`ploration! -cti* date of 16 f6 11 C, P?NTF Fgeqrles ------- - .............. ...... ................. '23 Field Ordcr- YNTFERdeCiiitioi — as initial interpreter on disputes,,,,,, ........... 9,11,9,1- issued by definition of ..... a- z I pp .................. 17 Fin, � lic Limitations on authority and rcspoiis�ibil 13 Tinal kmpeq .I. .,.. .i ..� .... 2 Final Paynic Residcot I!r�j�ctR�prcscty ,9;3 andA6cc , 3MTER"t6asulianl definiticiof P I0rIt6. responsibility, limit - ations (in -9:13 6riations in'the Work, 9-5 rsresponsibility for,_- :9.7. 10.-11.12 '.ari,dJntcrpr6tatiCMs..-. 9.4 Dj1spctes—`---I-iw notice of.; ......... ....... ....... Substitute Itcan . ...... A..73 _. ........... is'Acctp4bk, ...14.13 ............. Ations on HNUINPER's Authority ad ResjpohgibiIifi6.,,I .... ...... responsibility, limit - ations (in -9:13 6riations in'the Work, 9-5 rsresponsibility for,_- :9.7. 10.-11.12 '.ari,dJntcrpr6tatiCMs..-. 9.4 Dj1spctes—`---I-iw notice of.; ......... ....... ....... Substitute Itcan . ...... A..73 _. ........... is'Acctp4bk, ...14.13 ............. Ations on HNUINPER's Authority ad ResjpohgibiIifi6.,,I .... ...... Ations on HNUINPER's Authority ad ResjpohgibiIifi6.,,I .... ...... ....... 9:13 rMs Representative tingDqf�vhve Work, .... I ....... 1, 9.6 I .......... 1 11 1 , , Drawings, Change Ofders' nd Payttient5 e determinations .......... Site .................. .............. ............. 92 onsent required ....... 9.1 Aboi,' Msra:i4Is­an� G3 1 6.5 -ntaLCo`st6fthc'-`Work 1, 1 ... ........... . laterials; and Equipment..... ....... ......... 3 ,coons Finar�qi;ii Xrrandemenig.-. ........ .6.33 of pgj�icd conditf�., . .... ;, .... ;; ..... I . � 11 ACTOR'S --Costs 1.6 19 ENGINEER ................... ............ 3A 1, 9.5 ilio'n nn ........... .......... 14.1.1 oilc sli'al o%;inccs ..... ...... isions............. ... 173-174 definition of general 4'5 OWNER s responsibility For ............... ......... EX1)CGEJN-LKAL.C,6Nq)l-rlONS 1910j8i{1990 EDI,noIo CITY_ CT FORTC xMUNS definition of general 4'5 OWNER s responsibility For ............... ......... EX1)CGEJN-LKAL.C,6Nq)l-rlONS 1910j8i{1990 EDI,noIo CITY_ CT FORTC xMUNS 7/ Indemnification ............ &I ? 6.1 633 'q� &3 1 - fnitially,Acccptabk Sclicdiilcsf !Cerd 11:12 Final _14'. i I Ahi6lc. il . m he:r required bkMqGiNEER: ............ ........ 9.0 Test - a ' and• -Approval 3-13,4 Insurance— A&icpt;mcc of; by OWNT R ....... ; ......... .............5.14 Additional, -required by changes ' in. t]b, W ar - _. ­ . , - _11A.5.9 _e Be fore,starti I h - g.the-Work-­ .......... ...... 17 Bonds and -•in general .-, .................. 6ance I I*a t i on Provisions,.,,,, , . ccr'ilrlcatcs of ......... 5, 53, SA�I 1. 5. 4. 1 3, ...... JA5. 5zS, 5,14, 9.1_3;4; 1.4.1-2 completed operations ........ ­ ..................... CON7rRACT0Rs Liabilit I .............. ...... 664TRACTOR's objection to coverage .... 5.1114 deductible amounts, CONi"RAC -1-OR's resp ........ ...... Final f6r Pd}Tneirit. ............ Li6ensed 5.3 ia. ch isIoti7cc requucmcnts, materng ........ 5.9, 10.5 Option to - Replace_ .................... .. . ..... . special insurances., ......... ............. ;,.5:111 lanFr OWNER as , fiduciary - iforinsurcdq ..... ...... 5.12-5. , I , 3 ............. * ................. 5: ,Q�WER's OWNERs kesponsi*lify, ......... ,.. I ................... Partial Uti1izatim;-Property Insurance 7"5,. 15 Property 5 10 Receipi and Appli cation. of Insurance Proceeds ................... 4i,12-'s 13 -- Waiveir*of Pjahli, ...... ........ Iriicni of Contract Documents,,,,,,,,,,,,,,,,,,,,,,,,,, 3;1-3:4 Interpretation's and Cla'irifi&hona ....... ; .............. Invespgaiians of physical cond ' 1t1W ......... �-jbor. Mateiials and Equipment;,,, ....... Lands — and Easenicnts ...................... ....... ...... I Avoilabilityo'f: ....... ......... ...... 4.1.8.4 'Reports and Tests ............ 5A Laws and 1�egtilntions--Uws or R'eg'tdmti0ns-- Ands ............ . ........ -, �'; 1-5.2 C' W6rk *190, in the ....... 10.41 oritratt Document's ......... ... 4 cirrection Period ' c kre5tive Work ................. call the IV6ik, taxes ............................... j r.4!54 :iirution of -- --- -- ................... .......... :.;_777 I I --- 1:22 afian..................... ; ............ ; ..... �6:31-6,33; Insurance 5-3; l3rdecdenci�..,.,_ 133 Rcferenc6 to­3. - Safer} `hhd41Yctkti6"ii: . ......... �j';_ 6,20, 0:2' Subcontractors, Suppliers and Others,,,, 1.6.8-,6.11 Article or Y'aragraph Tests nifil liispections 13'5 Use of ...... ....6.16 ""s"s' 0 9.2 I lability M �................. :5.4 O\VNER!s Licensed'Suie.ties-arid Insurers: J-3 Application, for ProgrcssFnymFn;, ......... ...... .... 14.2, COINn.A,ows Warrinti' f Yiilii :14.3, Final Appli�ntion definition of,,,,,,,,,,,,,,.................................. _;1.23 Waiver-orcliiinns- 14.15 Limitations on ENGINEERS authority and responsibilities,., 9.13 ....... ...... .... 4.-2:2 Fa al Application Precedence............... .... 33.3;1 R:ercic6dcjq in (Phtia�ctj)ocumean ... Materials and equipment--, furriished by-C(.5i4-'ItzAcrOR .................... 3, n - ot incorporated in 11Iork .................................. , 14.21 Mate ia I a or �qu ip mcnt7-equ i vivif6nt ............ ta_ .1. ,7, " I , - . __;.0 - :7 Mediaition (Optional) MiIe,at_rm'cs--dcl`i`riitian of ...... ..................... J;24' Miscellaneous— Cnmptltandfi oiTimci ...... ....... ............... ! ,qLan ulia iee Re in edies Giving Notice.., ,,,,,,,,,,,,,,,,,....................... 17.1 In t1cC;QfCla`1m .................................................. 17:3 Ptofessional Fees and Court_ Gostdlnclud.ed, ....... :17.5 Multi -prime cofitracts:_ Not Shown or Indicated, ............................ : I - 11 1 N6666 cof­ Acciptubi[ity,of Proj ect., ._ ............. ..... ...... Award, jefiniiiiain'of" . .. . . .......... I.J5 Clam, ............................................................ J.7.3 Defects.13.1 Diff6ring Subiurfaci Giving 7j Tests and Inspections .... .......... .............. ya_riatioq Shop Drd%oinj and Sample;,, ..... O:27 'Notioi tdPioced- ................... .................................. 1.26 giving 6 ..... .......... ........ muc oLmNutAL coNwrnoxs 191 a -a it Oo. mi-nort) OTY 0frFOU'6A.LIM 001)11-161`1(?N*; (REVY,99). 0 Is 0 0 Notific,ation-to Surety„ .............. .............. J1 '. 1;5 bhkrv�fion.�. bv"FNbINP.'DV I I . 3— 0 0, .2 . - . .; ­ . . OccypsnCy of the Worls .... ...... S.1S 6.30:.�A 6Qm iiBhg or acts bv'CONTMCTOR., -.-:.619. 913 Open Peril policy form. Insurance � ..... 5.6.2 .................. . 11 1-,- -1 1 1 1 —1. Option to Rifila& ................. ...... — ....... —.;.m ....... I ... M.14 ""Oi Eqtk& ltcrrs:_ .............. ...... ....................... Other work .7 Overtime Work--prohibiti6n %VNER-7 Acccplari c. ofiefqctive'Work 3,='13 ................... ............ .......... Availability of Lindi. riesponsibithy, ... ....... definition of- , ....... .................. cl� FurnisC"— ............... K'Kv Corte6t POMA-4 W4k ...... ;Mav refLL-Z-tb make vnyfiient Siu'ji th& S-N`oi'k IviaY Suspend Work, . ......... ....... F:3, 14A, 14.13 ir ...... ...... 7j ',ONVNTER's-'- Acceptance o! the Work ........... iCIA Col"Murue'rujons ....... dinaticin of the .................. ............. 7:'4 .. Disputm request f6r decision . . . . . . . . . . . . . . . . . . . . . .. Inspections: teats and - . -.- - - -F ... ................... eGideric'.OfFinanciul arrangements ............. 5:11 ,inspections,,testsand approValS......... insurance' ..................... . ...... ..... lands-'d .an ea ' ......... ...... prompt pa eqt'by-„ re lacefficirtt of ENGINEER,....:_................ re,pd orts'Rn tests....... .......... ...................... 8A pe.. ... &.S, 13.10, 15A ;stop or susnd,Woi�k . ........... � terminate t6kkpC,1'OR's tselparate r6i6scrviaiWc at ........... i; 0 13A ALSC or occuparipy of Wok ............. ........ 15� 6J6.2.41, %�iiuen consent or,apprc wal re uir 9:1 6-3; IJA �d ................... ......... ........ EK'DC GENLRAL CO&'Dlpb!qS 19165 j1-490EDNTIOM -*aTYLT-FORT Article ;cir Paragraph Ntullh.ce ,tcritfeft fictice- re'quire'd . .. � 71, 9_4, 9. 11, ........ ........ ...... IL- 11.9. 7� 14 1 �5.4 PCBs-,; defi ni ii on of .. i. -9 .... 4,5 Car ....... r Parfial'utilization— definition cg5neral 00.2.4, 14.10 PropertylAquranc.c.... .................. .......... :..5;15 vo3m, . . 6.12 ........................... mrnendafion of .......... i 144Y14.7 14.13 NTR_AC7(!O'R 6 d Completion— for Progr ' essPaynients ... .............. )4.2 '6RsIVarf3'ntyof*l'itic__' .14.3 atioh f6r.NyTnenli.,.,, ........... J4.12 !i6n .............................................. 4,11 h AnldP�6c piance� ........ $3, 14 .......I ........................................... 14.2 pirbrot payment:,.... ...... 83 Schedule; of Values_ : . ........ ........ suhstantia"l, Completion om .................... ....... . - 14.9' I Valver,6f ............ ; ...... . when payments dug, . 1+4� 14.13 . t ............................... �;yfihholdit 9 ' pz�vrncni' -14.7 ­­._ Performance Borids ................... 5.1- 5:2 general....... ....... .................I... ............ 4.5 MINEM's responsibility for, ........ ; ...... ­_­­ ........ ;sit�l Conditions-- Drawngs..ol, in,of relating to,,,,,,,;,,,;;,,, ENGINEER's review ............... i ............ ; ........ gencral4 .... .......... .... ............ _146ticc of biffefina Substlrfa6c or ........... ...... Posslb4 C6ntract Docurnents 6hange ....... ......... 4 ' .2:5 Po'ible Orke and Timei Adjustments ,a.?.G Repor6 and DrawinM ......I ........ — ......... ; ......... Subsurface and_ ......... ............. r ................. Sti��Fadc Cb-ndkioni . ........ Technical Data, Limited Rehanrc b¢ (_ONTRAGTOR AuthoFized ....................... 2_2 tin*rground Faciliiies.= ............... Not Shown or Indicited ....... . ...... 4:3.2 Pfotection of ......... Aki.cic bi Paragriiph 1.! lum"her, Sh6wh or lhdi6iited Technical Data ............. ; ......... ; ....... ............. Preconstruetibn Confdcncq; .... .............. I.mt ............ .... 2:8 1,1rcliniinary Matters ------ — --------- * ...... Prelt ......... ..................... Pl- is6i Use of ..... ...... 6-'6, 18 Pitqe, Chirrige oFContract ., ......... ...................... :.......I Price, Contract7-dCflnili0h 9(,:.: .......... 1-111, Progress Pavitient,Applicaitions -2 Progress P*10t-.- . r66i ...... .... 14i2. I?rqgrcss schedule; C61417R A R-) R's� 6.6,%6m29 10.4.15:2.1 During Construction......:.,.. %3 6id6rit.-definition of_____L33' -FF... 1;3 Partial Utilization 14JU .-t. receipt and application of proceeds 5:12-5.13 .ction, Safety and;,,,,,,,,,,,,,,,, �;.'§.20-6.21. Note I j:2 Punch hit oitctive Material— defintibri'of,,_.. ................... ........... ge' pe 'k5 ,rp - OWNFR's respbrisihility for:., ............ ,..;FAQ Recommendation of Payment,.. 14.4, 145, 14.13 Record crits 6,19, 14,12' ......... ........ ...... Records, procedures-16i maintaining ............... ..... ........... Laws and (or) .............. ; ............ Rielitea Work atSite .................................... .................. 7.1-7.3 Pertorrin'ed,fri6ir (b ShoP Ohiwiritii andsubmittals ,revicw-.... ...... ........... 6.28 .Samples Remedics.=niulative .. ........ IT*-, Rznio%rij,6i,Correctiofi ofl)qJadive Work, - 1.3.11 mntal approval mquired " rooments, 9' ..... Il.4.5..3 of E r r N f repl-l" E� by owNEV*_ ............... S.2 imnt Reporting and Resolm Dis'.......... 2 ._rCP.nnclM..,., ..... ....... 33;2,,6, 14;2 Reports- -and I)riivifigs. .................. 1 ....... .... ------ anif ies'ts.,1.0V'vN_a's responsibility,,,-: 1, 1­ __ I.;." and k6sid6fit a Project Representative— .defirition.off.................................................... ::11.33 provision for_ ....... ....... ........ ; ................ EX13C CILNERAL CONIjITIONS 1910 -8 (100 EDI n6N) w/bTy ok NIODFFICATIgNS, (_REV.9_f'"')- Ll 0 • • 0 Article or. Paragraph Number Article or:Paragraph. Number, Resident Superintendent, COIVTRAcTOR's-,;,,,, ; 62, Responsibilities-- tsubrriittal ;required ....., ......................... 623;1 ,CONTRA_ CTOR's-in general ........... ,_.„.;,, 6 Subffihtal Procedures b:25 use ko,apprPvc.subsututtons 6,73 Shown or Indicated 4 is ENGQNEER's m general ,9 Site Access ............... ,,,,,,, , 7?, 13? Limitations on ,,,;,,, ...... , . ,.,,,,,9;13 Site Cleanliness ,,, ,., ,,. - ......... . .......... . OWNE-Ks-in { enzral.,.;, ;,.,:,. :._. S Site, Visits',to , Retamage ...,. 14.2 by 0,T61kE1 . _ .. :- 9 Z 13,2 heusc of Doeunients........, ....:.... ...:...... 3.7 hy-olhgrs ........: 13 � 4c6cw by CONIR4(.TOR: Shop Drawings special causes of loss"•.policy forill, and Samples Prior,lp Submnlal -;:.., ..6.25 msuranm - ...::.... . ...... J:6.2 Revisit of Applications Cnr definition of. 1.36 Pr ogress Payments ....... ,,,,,,,; ,, _14.4-14:7 .. JpeciGcatioiis-, Right to in adjustment ...... : :.:..........:..,: lf! defination of , .., ;..., „ ...:.: l }6 Rights of Way.,, „q,1 .: of'I'echmcal Societiesrcfercnce 3, to 11 Ro}aittes, patent Fces "end_;;, .,..,.(.I precedence ,.. ; .,,. „ ,,,,, 3.3. ,...,.2- .Safe Structural'l.oadin _.:g....................:.................:...¢,I$ StandardsandSpecifications' SaCe[y,- of Tc6ni6al Societies and -Protection ,,,,,. 43-6.46; 6.18; Starltne Cvnstruclio_n:13eCore, ; ' S-2.S 6.20b 2 1, 7,2, Starttn z,the Worl 2'`4 general ,,,,, ,13. „¢20-G?3 ...-- _ Stop or Suspend Work-• Rcprc'scnt�tirc, CONTRAC TOR s ;,; 6.21 by C614k CTOR la ' Sarnples-- by OWNER ;defimtibn6 :.., ., 134 Stora e:nfmatenal-ande ur menu g. y P 1,72 general ,....,. .... 624 6.25 Strut.nirafLoadm,,•Safety -. ;...,... .....:... ..:..:61S; Revlav by CONTRACTOR 6.25 Subcontractor Rcvicw by NFiEENGIR.,, ...:.... ......4�G;G.27 ('oncernmR :.......:.......; G.R-6Y1 related Work .... ....:0.28 definition of „_:,. 137. submittalCof,. ....:..: :..._, 6'24:2 . I_........_. ...........; dclays .... ._. .... 2•3' aubmittal,pro �dtres „ 625 waiver ofnghts .... 611 ±Schedule of pruy;rrss ? 6 o S 2.9, 66. _. Subcuntracturs to l,eneral ;. G 29 10 4; 15:'_': I Subcontracts re lutre•d provisions;,: , 5 11, 6,11 11:4.1 Schedule of Shop`Drawing Snd Sample Submittals- Submrttals;......... - .. 5"• b 7 R 2 9 6 _46:_8 Applications for,Payntent .... 14.2 Schedule of.Valucs 1 h 3;9; 14.1 MatntcnanccfindOperatloi':Manuals_....-- _ N:12 Schedules,- - Procedures ...,, _. 6,25 dherence to •• • l 1... Progress Schedules 2.6. 2.9 Cd uslm .AhangenfCnntraetTinles Sam pies. 6247628 C 4 Schedule &Valucs. ......:2.6 . 4:1. InrtlallyAcceptable ..;1. 2.8.2..9 Schedule ofShoi DratytngsandSamples- .Submtss1-0ns.:.:.: Prchminary .... ......... ......... .. ..........2¢ :.:............... .Scope of changes .. ....... ..... 10.3_10.4 Sfiop_Drawmgs,,,,,, ;,,;,,,;, ,....;;,,:....,6,'24-6.28 Subsurface"Conditions . _-,- ,_4.2,1:] 'Substantial Completion — _ _ Shop Drawings-- _ Icertification of { 3C12 3 14 R I d 9 and Samples, general',,,,, ............ 6 246r2S definition of j 33 Change Orders R Applkcaltons for Substitute: onstructton Ivkthodsq'r Procedures: 6'7 2 I'ayittelits, and .-__,;. _... _ ,,,..,,. ---__ 9t7-9,9 ;Sukisututcs and "Or Equal" Items 6.7 defrillion of; 1:3� CONfRACTOR'sE�pense g7.13 ENGIN6ER'sapprovalof :.. .:...: - � ... 6._ .. ENGINEFRSIivaluanoit......... 07-3 LNGfNCLR's responsibility "Or -Equal"......... fi.7.1.1 for review ............ ......... 7; 6,24-6,28 S66st1tute Crnsti'uctton N36tt ocis ,,.,,,, related Work. �$ review procedures .... ...., T S 6 24,6:2K x�lt tit -DC OENaL. L CONDITIONS.191 a _S i] OO EL)I716NJ iv/CITY.OFFORT-C;OI.tJhS htODIFlGATIONS�(RFY 9/991 • E SECTION 00500 AGREEMENTFORMS 00520 Agreement 00530 Notice to Proceed Article or. Paragraph Nu'm6er or Procedures.:.:., .........:........................::... ¢.77 2 Suhstitute Rcros .... 6 7;12 Subsurface.. -and Ph}stoaI Conduions-- Drawings oi, iri orrelatng to,,,,,,,,,,,,,,,,,,,,,,,, 4.2.1.2 ENGINT-ER'sReviett ................... ...4.2A general......... ...:. .....:::... ........ ... .. .:4'2:. Limited Reliftnce by CONTRACTOR .............:........:: ..1 if Dificring Subsurface or 1 C:ohdilions.....::.:...:....... .. ... .. 4:2 3 .. 1 Conditions,_ ,Contrect DocumentsChange............. :: a 15 PriceandTimesAdjustments .. .and Drawings aceand ..................................... ...2 ace Conditians at the'Site . .............I.... 4-2,1.1 al Data_ ....... , ......... V ...... - ............ 4:12 iesponsibility_ .......... ,'G.I supervise _ R.91 not supervise„ 9 9 i 3bZ Superintendence..,..• 6.3 Sukiriniendent, CONgRAGTOR's:resident . 6`2 'Supplemental costs,,,,,,,,,,,,,,, i L4.5 Supplementary Conditions - definition of :................ ...,:......;;.._...... ,:1,39 principal references to „ J,10, 1.18, 12, 2.7;, .. - .......:. 4' 43, 51.:5�,.5;9 ..............5I1.6:8 6.13,7.4;8.1l,9.3i910 Sup pl-ementing'ContractDocumeiity Suppliu _; defihitionor_ ...:..:.. 1,4Q principal nfcrcnces to w 3i7 G i; 6.8-6.11, G.? .-._ ........ .... '.-----.634..913.-14.12 Waiver of"Rights..,.,..,,.." .: :. ..........:.::fitll Suretv-- consent final payment ......,; ,,.,,,,;, ld.l'' 14 _L4 FNGIATFF,R has no, duly to ............................ 913 Notification ------ .1. MS 15.2 qualification of ........:.........:......' 1 r'3 Survival oFOhligations„................. . ........ ....634 Suspend Work OWNER Mati ...,...13.1U,'15a Suspension of Work and CONTTACTOR MIny Stop Work or Term mate..... ...,, .. ..:..,.., 155 OSVNER \4av Suspend Work:.,,; 15,1 OWN�RMayTerminate ,::;152-15:4 '1 axes -.Payment by CONTRAGI'OR ...................... . G_h' Technical Data - Limited Reliance by CONTRACTOR; 4..2 Possible Piice'and Times tCdjtuiments 4 2:G Reports of 17iftcrirtg Subsurface and PhtSical Cdnditions ..................I.....,,; XR' Tcmpomry construction facilities .............................. Article or Paragraph �Numtiu" 6y CONTRAMOR :-.. ;15.5 by OWNFK_...... &8, 1S.1-li:4 gf ENGINEER'S employment,........... .. : . . ... S2 Suspension of Work-in general „-„ .... , , 15 TdrmsandAdjectives, ,.:.,;.::. , ,:.rSQ Access to the. Work,,by others ,.....,. ..........1.3;2ANTR (1_'f)_R'sresponsibatn-s" 13.5 oust of 13.4 coyermy Wprk prior to .Laws and.,Regulaltcros (or), , , -; ,, „ ; 135 Notice,ofDefects ....,_ „............ ......133 Q1VNhRMay.Staplktork___ 13au QWNF.R'snndcpcn'denttestmg ... ::.... .....:.:13,4 special, required by ENGINEER;_,,,,,,,, .......96 timely notice reywreil,,,,... „ , ........ 13: 4 UncoveiinedheWork. at ENGINEER's, request,- ---- --- Timcs,- Ajusdng.:.,:,. ......... ..:.:.............. G;6 _l2 Computation of ..... - 17:_; Contraci,Times deliniii m oC .,,,,,,,, 11L ............... ....... .............. Requuements=- appc. ...., ...........:.......... .....9:1(!a6' clarifications, claims aod'disputes....... 9.11: 11;2 .12' Commencement or Contract Timed ..:23, Precoristruction Conlerencc ? R sen;a�i�s.................... ......... 26 2.9,6.6 Starting.thc Worn :-,-._ , ............ .........2.4 Title. fliarranty qC,.._. „ - ,.... 13.3 Uncovering Work... ,,,, 13.8=139 Underground FnciliUes,•Physical Conditions= definition of........... ........ . ...................1.41 Not Shn it owindicated;. 4.3;2" pr`otec ion of... .... ...... ... Shojvn or Indicated, .... :....... :....... .............. I ...... 4.3.1. Unit Wice'Work— claims �..,. .,.. ..,... .i1,1.93. ,... Minition:of. •, ,,,,,• ...... ..,.,1: generx111:9.14A, 14.5 Unit 1'riccs— general11.3.1 Determination for C) 10 Use of Premises ...................:.. ¢.16 6 18.630.2.4 Utility owners- ...... 6.13; 6.20, 7 1-7;3. 13:2 Utilization Partial- 1 ?S, 5.15.:6.30.2.4. A.M. Value'of the Work, ,, I1.3' Values. Schedule 0( ...... 2 6 ' 8 ?,9. 14.,1 . lsicococvtitau:.corvtrioustvto-sily9urvm¢tr) w! l7TY GF FORYCOLt.tNS',MODMCATI(?hS fREV 91"). 0 0 9 Variations,in'Work--Minor Authorized......_. Article or paragraph Nuiri.1;ier visits,to Site-U3, ENGINEER;.;..._ ................... .......... Waiver of (.tlaims---on Final Nym -:14 15 Waiver of Rights by insured parties,,..,,, ...... 5.11. 6.11 Warranty and. duara'ritec. General - CONTRACTOR f Warranty 6 Tille,co Acccss to ........... . ................ byuthers, ..................... _ ............. ...................... 7, Changes in-Ifie., .... ............ ........ Gcmtinumg the .................. ...... ........ I ........... CONTRAtMR,May'Stop Work - or terminate Cfdordifialion .......... 7.4 Cost definition of ..... I ........ I ...... I-- ...... ........... 1 A3 . negk&cd by CONTRACTOR ...... ; .... ... ...... ..... 13.14" otherWork ....... OWNTR May Stop Work........ ... ....... ,.J3.40, (,AVNER MaXI.Suspend, Work ................... Va-10, 15--1 Rclatcd, Work at Sitq: T 1-7.3 Starting the 7.4 Stc-ppirig by CONTRACTOR,................:: -Sieopifi� by OW�,R ISA-15.4 - - , ........ : ............... -V.arati6n and deviation claims pursuant to ...... ........... 1: - -­ ................. 1 .1. , definition of,,,,, ........... — . � 1 ........ 4 principil references to,., .................... 3.5.3, 10:1-10.2 'Written Antendmerrl=- definition -.1 ... �.j ,J.45, principal reference,; to; .... ........ 1 170 1 � - I -.1- 15, 5.11)-11 ............... ().6.2;6.8.2; CvJ9,'I0J;.I0.'4, 13:12:2 1 Vxr,7.2 Wiltten ClariFicditions and Intrrprctatio6s...,,,.: ..... _ ....... ........ 3.63. 9.4. 9AI, Written Notice keqtiined - ,by CONTRACTOR.,.;_::..:.:..::.:::::9.10.9.11, 1Q.4_11.2, 1211 OWNER.; .................. EJLD'C'bENMU\L CONDIT16US 1 EDITION) V;/6w 6F FORT COLLINS MODIFICATIONS (RF\f 91991 Cl vriiis PAgc -W CJCDC Cl:r4fAAiCO?41J-n0NS 1910-.8 (1990 EjJTIOY)- w7 OTY OF FORTCbTIMMODIFICATIONS MEV*9�k) I 1 11 1 0 0 • GENERAL e0NDTTIOJYS ARTICLE 1=bE[�Rvm&s Mherever'tised in these;General Corid tioh`s or m.the other Y (.ont{uct Docttmiriisx the . fiillowmg 'terms bade " I}ie meanings mdicatiU which are xpplicuble ito both the' gmgitlarand plural_therebf-. 1.1. _4,.Ic£{Idd=Written "orrgrnphic insitum6m ,tss 'id ;prior lo� the .opening of Bids tthich. clarify correct Pr change 'the Bidding ,Requirements or' tht Contract 19iicumcilts. ' 1.2. Agreement-'I'l a wnacn contract) erivecn OWNER and C;ONIRACTOK covering the Wore, iu be perfanned; othcr',Contmct `Docitimnk arc:at[achcd tn;thrA;rccment and made a Parttt}ir reof as provided there rm.. 4ppficatron for-Nai'ntanl— I he farts accc itcd fiy ING[i4v w ic_h is to be used h} CONTRAC IFOR in rcquesfittg p', grcgs�or mal`pa3 , ..and,which isio' Fie accompanied b} stick supporting docunipntation as Is rcquggd.by_the Contract Doqumcntg.. j.k tlsbeatos-•Iveymaten56ihat contains more thiin one lercrnt,a;bmtosand is friabldbr is releasing aslxstas fibers anto tfiemr above'cunent aciionlevSlseslablisltedhyl,th"e llr»G,il Statzs '(7ccufzttiortal` Safety and. fi6lth LAdiriiiiistration: - ' 11.1. ) rW7Thc offer or, proposal of the l iddLr .ubniittcd on the .piescribed fon`n settiig forth the pnas feu the Work t9,tic pertorned, 1 &. Brdclin�v _ L7actmrents—The advtrtiseriient or mvittitioti to Bit, instructions to biddcrs,'the`Btd.fornt, wld ,the,projiosed Contraulu Contract Docuinerits (itdtiig all Addeiii ' issued prior lo'receiptof Bids). 1.7, Bidding RequireniMis-=The idccrtiwh6nt or invitation to Bl(L instructions to bidders, and the Bid form, 1,8,'BonIA4,erfoimimce.and,Paymer&bondsrindother instruments of security. I Y. .,Change, . Osier=A document recommende r Iby. WO=,U,Rl , which W, u skned ,.6"y'�Cc�NfiRACTOR rind ONCh and authorizes an aditinrr,dzletion or, revisit n'in, iKii Work of an ad, us lent in'the C'onaa X)'rice Or lyre Conuad Times, issue on ui aRer llx Effective 17ete of the 1,10. Conrmif. Ddcima.nts-T-he, _ Agretmenl, Addcnda (which" pertain .to ahe ',Contract .'Ddtumeriis)„ CONTRAcrows 13id (including ' documentation accornpa-ri iij;the Bitl,and uny.'post'Bid_il6c zntation s hmitie 1 prior+loathe Notice of Award) when attached.as nn c hI d [o the Agrecmcfit; thc,Nohce to .Trocca the Bonds. these Geiieral Conditions the 'Suupplementiiq t:ondiriori.C.tlte'Speciicaions'snd the Din rigs.as'the FJCDC(ih'Nt]t'.V:, CONDITI6NS_191" (19'J9 U E:di[iaa) wt (iYY OF FORT COLLIM MODIFICATIONS M.EV del UIM 0 1_1 L Coiibncr Price -The 'ingnns jitiyatik iby q\l2vER'W COI:TF_RAGTOR for tximpletian of the Work In.accotdancc with Ihe_in' he Agreement, (subject 'to, dhe provisions. of pa-mgapli il!)I in thii&i a of LJnitl rice Work). III Contivel Tines -The, numbers 61' days, 6i the dates stated in the A'gccracnt (t) to,achietc SubstariuTl' Oompletion:1und (ii) to complelo the;tVmk so that it is. ready for final+yment(gs evidcncedbv 1•NGINFfiR'S written reci,nimendatian`oC (trial payment m accoiduiice: y ,with paragraph 14.13"- 1:1� .C(JA°/7tA1,7()R 'CFie percon,.f"ant.6r corporation With wh'oni dwNEh has cntcrcd'mto thcAgrcrmcnt 1:15Drawings The iira virgs,which show the s coci. extent and chiimcter of. d r or to,be .fumfshed !ruin performed by„CON ,RACTOR, and whichha�e ibev i prnpared:ir.(pptoved f>}'LNGINFGR and anseferreirt in he ;Coati i A Dacuments.. Shop tlrntt'ugs, are., not brawing's as so defined,: L1fi Ef('athefve dDaie of the Ajmenwni-The date indicated inr4 rezm'er t:on which it bxcomes efrtctiv� b[it tF m, surki dide is indicated tt i»enits the dice on w}iicft the Aj e*t renl is sioicd "and defiveiied lw thz last of the two parttes.to sign ,and deliver, f 17 LI,uLVTCR TFii; perscm; ..Cum ;is corpt'raiion mimed as suchvi the`:. cmrrit. ;LM ENGI]VEERS Cwiniltpru= _persoi4 fugi nor iapomtion hht�_ a eaifnid with.LNGINECK o:furnish ser`viges as :ENGINCER's independent piofessional assuciate orcorisultan*twith respect to,thr Projev,aad who ritiEed as s isideucft in the,Supplimentary Conditions,. 1;19 Fie}d •Order A' written order iisueil :by E.NGMEER which orders motor chano�es inthe,VVork:in accordance with paragapph�'y but which does nol.im�olve a cha ige ii the'Contract Y ice or the (Or lrrtd Times; l 0. 4'cn rr / ftzry7uu ineius=Sectioi s of,DMon'I of theSpecrf zitions 121. NasurdoiL Wdsre-The,temi lfanaidous;Wiste shall have•thc meamrig.provided in Section 1004.of the Solid 1Vaste. L)isposa) Ad_ `(42 t IS(:' ectian.69f13}. a's sinpmied fromaurte lo,timer I '2.a: Lam and Replalrons; Luau 6r Regirlalions-_)lily unit all apPlicatle laws':.rules, m uletions. ortLnuncesi t odn :and, orders: of any aniJ; all ;goveminental Iziilies, ecencics,.aui}iorities end courts havum.jurisiMim. 1??.b. LeFal /ioGilms",shall be those -holidays observed tiv!ihe,CitJoFForiCollins` `. - --___. 1 °3: Liens —Liens charges;, security interests or cncurnbrances upon rcal'property or pers(m property. I )4: 'WiksIone —A. principal_ 'event spcciticd 'in the Cbritract,Doctaoents relating to an intemtediate completion Ante qr .time--,pnor'to Sutzste_ntinl Contpleiiiui of all the \Vork; 1.25. rVnhce of iwmil-A written notice,: by QVVNFR to dic'apparent suecissCul biddcrstating "I uptxt aiiapluinco Kv the apod-CiA irecsstul bidder with the cord¢roiis' prcciedmt enumerated dterci,q. Within the dine st we ed, OWNER Will sigii ijid dehver'•the Aarearnent. Li& A'nfiee id Pro eed A whuenr notice given by; 01VNF:K to CONfRACK)R (With iicopy to 1•mirr vk). rodrig thtc .date oir which "ilic Contract Vivid 'will' oommcnee 6 run -arid on.Which'COIWOCTOR shall:start' to perform CONTRACTORS, nbli�;ations under the ContinctDearinehts. L27. OMVER=The public body . ?r (authority;. cotporaliort association. firm on person with 4hom CONTRACTOR has entered' into the Agreement and for ivhorn the Work is to']x protl,idea '1:28'. Partial Utilization —Use by 'O\Vi ER of a suhstnntinlly crinocied part,of the Wdrk.for the piirfK* for which it, is intended (orIa related purpose) prior to Suhstitntial Completion ofall the Work- 1 29. PCBs -Polychlorinated biphenyls. 1;3Q. Petrokiart—Petroleum: includini; crude. oil or:any fraction,theregf which liiiiiii!lit statdaid u ich imthtions of ltmpemlure fund-'pre'iiure (60 dog' ees Fahrenheit and 14.7 pounds per ,s"uare rich absolu e), such . ns qil, petroleum fuel oiL'oitsludge; o l refuse: gasolu e; kerosene and Oil mixect�wit h`other non-lla-rardous ti'ast2s anti crudz OAS. 01. P4gcl=The total' construction of which'the'Work to.be proyided,Unda the Contract Documents maybe'thc', I&le, or u .pTrt as militated elsYWheie'iri the Contract .Doa{mril es. 132:a. 'Ra�aa`ctivY dlafeiial-5ourcc:;speitial nuclear.. or; hyttroducf materisl,as defined bg ihc`AtomW F6ergy Act of CilClxckTkR.vl: CONLIi'IlOt151JIGti;(1Y'Ilt @AiUml, w CITY OF I;ORTCULLlMMOOItICAT]ONtS(REV a 20111a' • 1954(42 USC'Section,2011 'ei 'sen:) as ameNM froni iiine to dine. -132:b::Rigidar ld'aiAfiiY'Haiirs=Reeuler.lvorkir�.;fiour3 are .defined. as ' :00a rn 4 6.00`-unldss o1herwise. specified in the tienerilRecaik&rierims_ 1.33: Resident oiccl ReprasefiMiive-The,,authorizid, represcntelive of LI+IUINGf R•who'may be rusi'rted to the 'site-orurry.part thereof. 1:34.; ;Sadiples=Physical e�inples. ;of materials,, equipment; or workmanship'that n`re representative. or some; pprtion of ­dia _'Work and whi } esiablisli, the stilydt by which ouch'portion. of.the Work will >be. :1%35tiholi I. rinyings-All drawings , diagrams.- illustmboiu schedules and, other data or, mlo"mtation whiich are specifically: prepared or,a3scinbW byiorfor COYMACTOR and submitted by' LONTRACTOR `tq itlusrriitz,some_ponron'of the Work. :1,36:, Specbr?cnriom-'those por ioRS dt' ilie Contract Documents consisting of nrrttrn technical descriptions%W -adm:daacinits; curiytructtori`s}:Rcros,stinL�hc'andmaterials, cgyipm workmas ,.applied to. the Vok:aid &'taro atipliathle1herctn7 L37 . Subcontractorv-An irslividuaIjurn or dorporation. na hbvtng a direct conn with CONTRAa(AbWor with ern' other Subcontractorfor the_ pc46rinat cc eif+a' fart of the' i1!orkti the. site. 1.38'Subsrarrid .Completion The Work (or -a . specified p� i thtreoQ } i s progn ssz i to the point where., in the 'optnton if :hTGINFHK, as evidateca -by ENGiNEER's defriiiive certificate of Substantial' --.Completiorrt it rs suf icienlly complete;. in accortLance With tll Conlract_Doetinicnts,, so tltat the Work (or:specifted part) can+lie ,unliud Tcitthe purposes,for, which it is, intended, or :if nu such certi6iite 'is, usu'ed wheat the W rk is cotnpplrte: acid ready for .fatal •payanent as evidr:need by F1�rG11�TEERs written. rec6ntmendrthoii,of' fireil payment tit accordance With paragraph 1U:13.. Tha .terms substantially complete" and .-subtAantinW ivnrpleted' as applled'to a or:pah of-thb bVork'ref'rr to. SubstamialIComp1elion thereof T39. Supplcnrentaty Condirlors—The part oty, the- ContractDti orients which ttmends,or supplements chest'. :oenenil-Conditions: 1.41) S'nnpfer—A manufacturer, P. cutor:. S4ppl CT; distributor.-malerialman or venditr havint'. a direct coniracv with CONTRAMIZ or with any Subtionti ctor to Ciirnish.niriterials'or equrpmrnt to be mcorpurited in'the. tVoh, bjC.0N'T RACTOR or anySubcontractor. Subcontractor. I-indi rxrviind Pocilihes=All ,pipeliriea cbriduita, dut;ls, cables. wires manholes. vaults tanks, tunnels or - other srieh,,facilities 6e.at4nehnitrts `ar d any encasuriints cbmam" ina such facilities which have been installed urdegriutid to'IumisA any of the f 16wini'seivices or 0 • 0 ma erhlL electricity. 'easzs,, _s[eanl liquid, porriltitm prcx ms telephcine or other caminimi,ationsr, table ;televisio», scwagc and ehainage:remuviiL tri fh.'ur `,yeller conlrcilsystemq or water 1 4? V� rir [ nce ii•oi LVorl to be laid fof on the:basis" ofunii,prices. 1,43: R'or'(=The,entire=complete,!;corstruction or the tanous separately i lenufiable parts nof thereyuund to be rurnisheil under the `Conti[ ct Documen s Work mclud and;is,ifu Few lt,;oC perCorniinE or hvnisbin� 1 ibor:and ' furnishing and incorpnmurp rating materials andequment�irito the corstruclion, enJ performing -or Cumishine sem ces,ruid turmsl iitg document:, all. as. regoved Iri : the Ccin'tract, Documents. 1,9!iz IWiitlem Amet,*Zie-,A \vrntcn.anicndment,of chic Cor anci Do'cvntciits, vigncd_ by nWNFR and 'CONTRACTOR ;on or 1Rer'tlie Effective Date of the A' 1 cncnt and normal!! d ali ig,tv+dt tfic riQncngm'ccririg or norttechmc l rather than ;strictlyc6ast`rurtion related aspects'ot`lheConi;acl.Ddc:unirr+ts: •ARTICLE 1=PREiAnN.4Ry NIATTERs Delivejrpf Sinai!+ _l,. When,, CONTRACTOR, ;delivers" the executed AereeineAs ,to- MINTERL CONTRACTOR shall also dtliti•e� to Q) R-such do xls as COt Ma7OR rilay' be iequired io furnishi_m acwr irx:e. wuFi pitray+ aph' Copies of Docum en tg.. +O\VfTER'shiall fumuh to`CONTRACT6R up tii ten copi4_,Cunless5 gtherw+se specified in the, Supplemi.nteq- Conditions) pf;the. Contract DocumcnLsais,ire, ntii iibly' necessary tbi the exectiuon of the.Work. Additional copies will. be"furmshecl;'upoir rcqui s,L at the "qosCofreproducticrm Cwnneencenieni'vicontraMTinrev ,Noticeto'Froere& =.3, The Contiact.Tirircw vill commeora{.to havon the :thirtieth`day ftir'thiEfleciiVe•Drite•ofihi"ATeement,lor; l•7C'17Cti6',3t•X:LL;CONUt710[�6.!t'� I tt�S (t 97c Sbtipi}, ,it Tarr ar rotcT cgcu � ntotitrlclnoNs it�t?:tnaiioi if a'NTotio to Proceed is giver!, on:the day miiicwW in the Notice•to Probeed .AN66ce to Priipeed may;lx giv2n*.at any umn within thirty days aRer tiie Effective Date of the \g cement-ln—n[a wrnb w-1 U.— i IS esnnneiwe-te=run-late thz-5t t#ian�he�sutrett[-jrpafte- - ilay of-h3+d opeiimg or-the-thFttieth day of nr,%ativ� 3,lnte irFthz :Agrmnmt. wFnehzver-datcis eiirlitr: SYartin/, the. (YurA:. 3:4 CONTRACTOR shall sate tp perform„the Work op the date,• then tHn Coptcact Tunes omnience to run; but nci 1Vorl;shnll hedoneat [fie site.Prior-tu.ihe:daie.on; which the Giin'tri+ct,Tinies commence to.rurn -[3ejnre,Starttiig Cn+istrierlitiri •,aD . With' ten da}}�s' after the Mccuvc'_Date- of-thc�. ,•. ca ieht �uiticcs oil cnvisc 'spcci6cd m the Gain it Requ nsnents), (' WRA('TnR, shall ,submit. ' f6 ENG NEER.for review;' 2.6.1, a preliminary progress sd edule indicat iig die times. (numbers_ol diiys-or dates) far.stiihing and oomplcting the various sages of the R on ; including, any' Milestones specified iri theGontraec Doc rtnents;`. 16.2. a prrlun t ary schedule 6f Shop Di tv ng and Snmple'•submin9s'which will list each iecpiircd su-bmitial and ttie'tin zs for.subaiitting.reviewing and prctcessing such sAmitwl; '.�;6:?:•I: In no cao-i will - a 'sshindtde. +be. acceptable•ivhich nUmvi; less than`_1 eafenda2 clays for. each review byby Dimmer. 2.6.3. Xprelim isay w"hedule.;of values,,fpr all of the 4Uork which will ii,lode _quantities and prices o[' [tops,a`gg"regating ,lhL Contract; Priec`,Arid_ AU subdivide the Work into com,'ponent parts•in Sullment• detail to .'!e I a. the ba s for praa+ress, payment,,° during .-casiruciion. Such pries will include -An appropriate amountof averhead and prohl_applicable toeacli atom of Work. 2.7 Eefore" any ' Work al ,the site is suirted, Cn�i'I'RAC'I'E)R s� shill zeeh dehvc�to tHe, edier`OWNTER. with'c`aPies to eiik a3drtienal-irul . identiaed-Jin the soppkto neitieas,Fw;NEFR 91 certificates of uisunnce (and other evidence of ifistirance ivasomb CONTRACTOR -am F,6 is.required to, punchase and maintain in,- accorda;T(C%Vigi Pricanstruction Confereiice. IS. -Withinlweniiy, duv5 tifter the CoriintcC.rime4 SLart,to held to establish n working IeL PUMUas to the Work -and to deferred to in: mmarnpli 2.6; na $Iiop and oLKr Abplimti&ris for 'Payment _Htd InWdkvAc&p&bIe Seliedules. ARUCLE 3,—COYI[TeACT DOCVAIUNITS: UdENT; ANT, 'DLNG; REUSE Inre'nl 31.. The Coritriw-t Dmmrnci & comprise the, entire. agreement�6:i,wcen iOMNM' and iJONITRACTOR conceiruh' MIS g the Work.. The Contrimt Documents arc iornplemeril��,. whit ii6II&I f'6r'b_y'one'is its binding a's if called ;for by all The 'Coninact boclumiints,wiff be '&ikucd to II'mordanei-With-1he'- W-Rvi-16f the :place ofth- ,32. it is,,the intent .6f ithe l'i5fitritict. bwunitints,' to EX-DC'UNERAL WROMOM IAQ-8 (1509V Edil[im), 1,10 Ik Referiiwe, to .SYan;&rdi mad Sjv.Cif!mfioIk of Technical' Pip an/ Re;bM4 ,Societies; .2, I.E during the petftinnance of the Work,, thin thid ri of Poi-ii ,RNV or F writibig, at, -&noc. and, CO �roceid with'thi Work afPci emergency as'authtri ged.bv a . niendment ' or supplement to �- liis'bn issued liy one of I or reasonably should. have, 34.3. Except herwise.s iticallysUQirift ,pm "51' dif, is :may be -lJtruvi&d by Confiact Documents" umeridniefit or s'Upplem`ent thereto; iavucd by one 60the, .ineth6ig 'indimtt!d.,"in"po'niLu�.i'ph3.; 'or J* 6, the prov - Lsko . M . of thequnb�ii r ci Documents shall tuk.e p . mederwe'l'n re -solving any conflict error mbiguily L)6i wneiits and, .3.311, the prbisions of .any suc It . standard, specification, manual : cod -or-imstruchan (whether; or riot sjic�E4,' - 'H ­_ �y incorporated Wief in'IN6. Contract Docurnen�,�,�,�j' 0 0 0 1,2 r6 i"7_ of $u& Law.�.,ok R 1io fttte todhel peiRTmantie orthe. V,ofkl. (unless such interpretation of ;the am isions,of the. Conrad Documems, would +esult, in violation 6f sach'I:Ww oi Rcgpflatl&n):_ 0 3.5- The Cohiract Dncumciits may -be mncTi&d to in,the Work �cordaio'ns fltiteridoif 'a 6 one, I or more 3.5.l.. a, format Written,Aine crichnt. . I I . - _.. formal I - . .-.- __. - 1 3.5'.2. aChinge bFz1cr'(*ivaM,t6 lJs4graph COA�, (i99'0 96tion) vo (a"i"Y'ov rok f6oai?� NION1 , riCA-n . 0 , N54REV , -112 . OW) 0 a. Work; ;Chkn& PirwNe (pursuint t6' pantgraph,10,1). I'naqdJtbn,. ofl& icohinict Mcumcnts may" be'supplanented.'and moor variations mid '&Vlstioh'siha t or , W k n rt n y,hedfin�d, in one oF .1 more of Lhi'loflcmlmu.ways: A IF Id Oitiv'ir' OqrmaRl to perao ­�) 3M �62 ENOERVipizoval ofaShopopf , . rp%X!tg or 6.'M and 6,27). or 6.3. ENGINEER'S m1fillen mierprelation or h a drificatio &M.1m a or to rnmgqp 24) ARTICLE 4-AVAILABILITY OFLAINTDS;, $[W%URFACF "AND 'Pl­1V%ICAi' CONDITIONS,' _RF.FF,RF.NCF. AmUabiii¢. 4Landi.. . .� �z �_ . 5 CONTRACTOR shall provide [6r rill,tidditibnal l6rids and access thereto tha ' i may be j requilred, ;46( , ternp'clmiy _cqr�truction facilities on storai.lic, C)f,matcriais,iand : equipment 42; . SuMurfaii-eanii Phpiic4l Co�filkfidlk 4:2.1. hepoifsiindbiailngs R8erervxe6aldc-16 'the for idenitificiatio, K 4.2-1A. Sjj&7h-feire Cdpidiaremm- Those rep6rts of . ­ 1, ­ - . ­ - ­­t - - Those ' 1 ` ­ � ,cRploraitions and tests'of subsur ace,cLii'itions at or co;iti&6usj6:iha site that have tijen' 611'11'W&bv` W ENEEk in"pi5paning, the Contract-DizKiwricrits-. and 4.2.1.1, Pk-sicol ConditiO16:, Thosc draivingi of' phystc`ar c-onaitio-ris in ar-rclWrig ttlexistinj surficc or svibsuifhcestmcturcs at or ccrltiguous to thesite \ccpt Underground Fn'ciliticsi' that -have been utiliixd by ENIGINEtR 'in preparing thetCo­ruet Drc,u in"en-M. such; rcp6rts� rind 2 ri'vings rt CONTRA(,-TOR's pbrpmes, in16dirj, but not limited to oKv"a�Zts of the• nimhs,' ffifthiids, techrequim sequence% and IXOCeOur,�'_,of _coastruction to stir cniphvcd try' CONTRACTOR and safety precaUti'arM and .prognitis incidedt thercio,.or 4.22.2. other inta. - interpretations, .60inions aAd iiif6nilatiaA cbmainedin iiuc'h ii'pqrts *or shown. i% indi 6wd insuA draWulgc or any CONTRACTOR' interpretation of 617 co iclusion dram from any "'technical daiii" or a - a diiia. interprelationis, 7 such opinions or. 1 oralati6n. 423. hlohce of. 'Diffeiiiig Subilir -sIcql fiacw or Pin 'eoxiwions., or ir com,�m . oP believes, that any, corqig� do� �jjo the sutgafiice or phyiical chndkirin al'ar u site 'that is uneoy'tiecd or iewaled iithEi: 4.23.1. isbf such'a nature as to establish that airy 'technical data" ofi,%Vhich CONT R-, A C,TOR7,is. entitle) ,tin rely a-S' piovided n Oaragraphi 4:'-);l and ,42.2L.s maen- ifY ndr'ie or, 4.2.3.1. is of'such a mature -as requini a, m_j ' .chang; in the CrA ct D odurrictiM or 4f33- diff6m mit6rially front` -that sIlOWJI or iridicnt6d-in the't6ntract Do.umenrs,-pr 4.2.14. is ofian untisuAl,naturv, andidiffers ainterially. firom 6cniditi0ns,Urdiniudy encountered, .and ' g, e - r - icrally _ rccoani I zcd4s_iriherenCtni`.Wor1k or th6* efi'firo'c-ter p'm­v'idrd• ficir in the �Co_ruiae)i 4.21.4. ENGIXEER's Rnlie'll. ­ 246ILmiLk N'SA prqmp!ly, review the r,griinent,c6ndidL,iis�,detcmiine the f . ­ I' .. It . I ,necessity of OWNER 0 1 6 tiona, c.xp anityon qr ' id' d �i teits 'Witt; re-Sq-)ect thereto FM 8 -'ritiiw (witha .6opy to 1CONTRACIM) of ENGINEFR's 1 ­ fifindings nAd conclusions, 26. Po.Tqible Contract tZ)oczwleimv Change: If ce C-Ilia6s" that -a gC,1�171-, in, , the 6t I - .- 1 6iitm11 condiilinnthatfiicets j�rajih 4 1 _J . -6 w legorics in paragraph or more of the ca Change )trecti Orde L Y� or 17 e -r will h- Lmcd as frovidei'll i1n. -ml,cfe at'l '"Ifict Knd­docu*ment 'the, I c 'Ckfu a ons�. qCS of Sueh Lh n8c. 4)6, PoWhle P;iec, upidL.'17)jjN.j Ac§�Ii�tlnentk' . Ah C(Illitn4c adfesianerit in the ContractiNce :or in; (h - c Ccintract.Tiriwt Oor I both:,.w it I be -iill8w6d to tfi� - eRteht that the P_xiii -or'sU, n�6 such 6vavd (sir rcvealed;conditi7n causes I :an increase. or - decrciscjn CONITRAcams cost or or time reqU 1red,for perr6imanuc oL.the Avork: subleti, w ho%icr,,tp , the follow"l:' 4.2'.61. such, conditiunmusi'meet anv one or in ' I ore of tile .c , Rte . gone , s &,kcr&d in 426.2 a chanizein'the Contrarl DLx;ummu Ni-suaril to pamgmph42.5 Will not be an qu.16ratic ':n UAhc;riz`ati6n �jf nor a c'm6ti M' p. r5y . c&hq6-EqUflc6icnt,to'any such adjustment, 4 4-16.3- with ropei;i 100tirk that is paid for ori,q` brut hice I�rlsm any.. , adjlautimin, inc6litrak. Price Will' be subject to'the: provisions - -of - pa 4:2il:A. C614TPACTOksbil not be.eiritifled - a oniia Price or Tl es; .to an�!� 0j"ment in, & C �6� 4216AA.- coNTRAcTc)R kne%y or Ahe ezistenee, 917 :iuch conditions at the time cONTRACIFU '-.M-'Rd-c 3 ' final, n , .conimitimt to 1 0 . MNER in iTet 'd ('SntnaGt [�i6c-iind Cnfiict Tim - bythel 0 Is 0 sibin i6n'�of 6 bid6und 0, r, 4.16.0. CON ,rkAj6bR failed -16 give thc'%�ritteh nctiee'�i-it6Ahc'iiaic and �Uiltqtlired by para'g`r`ph 4.2.3. 4.3A Amp" or-Indiedt.?d: 'rho iriforminiion'tind data ihrn4ffi or indicated iii-th e ;Contract',00cuments with respect to "sting Underground Facilities at cr contiguous to the sits la Kaacd on rnfomaabon and data furnwf6d (P­b, W- N,,FR- o-r"F-N,- dINFER by the owners of Arourel.FacilitiLi or'by'othrrs'! 'Urd6sJt is etWm;&risC expressly p-roilded in--AC.Suliplcrficntj.�' ryr '4:3.1.1. dlVIV R-and EN'dINTEER shall nsf b, resp�isible to; `u dl�,kcciixyor c,6`mplcrcIiew6(anv sue} hwiiT- , o" ., , - . . uc urniation r date; and all race bocurtaenla,(iii) t6z ;owners �oF Stich d' iri f ,thLicto WDCULNERA 19104 (1990EMWn) 0 'I?eferenci Pointr: 4.5, "s-, N&61aim. llqwribms, Wd&i bi Rh&oa.cMv hfater'ia.k I 41.5:1. O%,,Nr9k` shall be re�ipermible low, any � ­ - ­ 1. - ,. - or ials brought to• -the site aby o1Z , Sufflicis," :or; whoai,_wtONTRACTUW is," j SECTION 00520 • AGREEMENT THIS AGREEMENT is dated as of the 22"d day of August 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. AGREEMENT RENEWAL & WORK Renewal. This Agreement is a renewal of the Agreement entered into between the parties on the 4th day of August 2011, entitled Hot Applied Chipseal Overlay, Bid No. 7256, City of Fort Collins (hereinafter called The 2011 CONTRACT)and all portions interpreted as if the same were attached hereto. This work is defined as the construction of the Hot Applied Chipseal Overlay 2011 and is generally described in Section 01010. This renewal is authorized pursuant to Article 3.1.1 Contract Period, of the 20011 CONTRACT. This Agreement shall be effective on the date this Agreement is signed by the City, and shall continue in full force and effect until July 31, 2014. • ARTICLE 2. ENGINEER The Project has been designed by City of Fort Collins Street Maintenance, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the.Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 This is a one year agreement but, at the option of the City, the Agreement may be extended for additional one year periods not to exceed two (2) 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) working days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within thirty (30) calendar days after the date when the Contract Times commence to run. E 0 Ferjnrmunce.Tetwinerif and OffieViR,cinds; 5.2, Jf, the sBrttq., 6n any 130M fivirmshW :by. P.AG7101R, tis declaicd'.a han1krupt,.: becomes- m.wivent dr-itd right toAd iusitiw,t- is: terminated m',nnv' %ta if %el ' ;,I 'roiqtRAurbi It ch days thercfterquWtuto,another Hand' Liedinsid 'SuFifies and lnsuren;,'cerflflcaLe!t Of MCIL) I'R�C A-1­10NIS A P000.1 "COA71Uld-TOR'.�LibblUrrltisiira;ici.- 5*4A. 61aums under Nyarkers'-cbnipcnsalidn� disability, bdncrits and 4& r-msi I au crfipl()'y'c'c l3citchi't acts; l "injury: occupational, -5AT claims tor damages b magac ausqot-bodi occupational siditess' or, i;eme., or death -P ,5_a 3i clann of' �odily injury;q daniag&� I:mau so ;sickness or,diwasci,or cicath-n,Panv p&wn other':tlxin CONURAC70R's' c*6ipIP)%*.5, ' am to the Wark; _?4 claims fordam age, other y -to or d6iittructi66 of t`imp� i itsel 6ecpu,se`,'of, inj'u'.ri, _0 �raf)vjt�; , 'Agracr, foc'mfted, mclu'ding,% loss of )USQ ies,%116401erifrofil„16d de {h of anj persop'or,pr ortny damage artsitig out of the �uwrcrship, ,maintenarx:e o I r, use.of. any -I "motor. vehicle., -Tha-ppUcks,6f isuranee ,!;q required by,this,para&bph 5A :4.8. nC'lUW the b?=l I "fl c coverages and he,Nvriijen ' fur ;riot 16-s than ihe limits; of liability j�icvi&j in the �5i;pplefficmkiy.,Cohdition�,`ur required by "haws or ,Wguig, tior�� �6ic6&-Cr is grC,Atcr:,- 5 4.9" iiiichide completed opefflitioms insuramci_,P ivvcrry -Oit�FORT . C I OL I LIM MCA I NFICA11ORS (1?I6V�471000) 5.4:10m6lddc_-.%cL6tniLIual:' lihliilitS- :insura nce: ' ce- coven, I rk CONTRACTOR'ir indemnity u6ligptics under par 6 16.airlid,631 thro-po 6j3;, .5.4.12. remain 'in elkct el (cast until final payment and at 511 ii, , 11cs thc`rcAft&jON vhcn'C:rRA , C, ' Yq il� In a5* lx currIvItina; removing of rrplacing, Ckfective Work- iwa&orda , n . cc , )6ith'rxiragmph 2' and" 5:5, _ ,Tn,qddition to irr;drancc-rcq6ireJAi,,be provide& by,CONTPACTOR'Vod&'paragraph SA dww"ws 6piimn, 'niaj, 1, purchase., and imaint;in if OWNIR's expeisq OWNEA's o"Ilabil[ity. ihStlitano& es lpwulect 6VVNI'-A ajohist (Iuha which rfiqtir'iselraffi- 6perationstinder the t7ordi-aci Doctuticni, OPeM, 114y)ra1ce-', , OWMEML401PurphaseLnnd_ FIFOP144-Y ... TSt*f#jM4-Ypdn 9tWdrkl. Ht e*fnett�m IRcau{atiorts)-•Thrstnsiiranea shill; It ri5k� ix ri `I: OF cuveragr•-;thstr,-yaninlis�n-and malicious iniuhiat> t?ar�yual�;--t;et}eps,i�ik+bris=r�tnevel--drnit3litien :usEasi ned-i-.. afeNe" MI eE haws`end liesulelh*i :; sate �....n- . ' ker-pacils-es-may=ter sg��'saksa}ly-re9aireel-by-t}teS�+ryplw+!enEt�:6aadt�s,- 5:63:=iiulirtk ; e.+iFrlisrs-irlcurtrd-inrthet• rzPxii• T t>r rep[axmcnGof--env insur2d�pmperty�(iililudit�-tait,lxit ass,ma��a�r.cvv—v.w—i.wx�cv—��rE..�-iilEer�—anft, :arclaitects)f S§ 1 ctrvi� mxteaiits ltri ct{ut F �c1e411i,,sill ar-et-anotherloeati7n•ihat-wRs s,3 �d-td: to writirig•by gl4•i�-i*R-pFii3r-,t l.. .. ' � - � ': t. err t= grw+d�-thai-sucks-niateFiaLsan3ef}uitintent-karetieen ineludz�tn-ati 3pptiaAtieirr!'xPayrneidtiean:71-7; led �:e�-be-m eintutned-it3-et7ect-until-C3nnl-paynrnt; is mxd�att#e"�-at#tzrivr�R3«u=1� in�itinx-.4iy. nt,_rt=?$srrn nr'rno .:";i >cninn.-c=yy;ith tten-netica-te-rack-attia�-nddiEwnal. 2d�-!t)i4kiitn-9-U.'F'lt�tGEt2-eFi115Ltt8RUF-itKS-tXZfl issued- ";;9.. OWNER shall not lie! rrsponsiblz for purchasing aixl ina nlam i any propt7,ty . msuiance,to protect the mPerests of CONPRACTORR'Subcontmoors or.others in s lil:---ttf-E()i>TRr1C7't9R-ra7ixst5 vi-wnitre-that-othc. .r■ a"-:. .��...»a"r-.9.n ntizrE 42SOFFe EiICDCUSARAt,CONUI•IlOM 19IUE,d�gml, Itl WI, CRY6f ro&f c;Ddj-,5 AmD1Fi CAYlONItIRLI'l ta001Q aintniartcetriens at i}ia=1Vorl.-ctt•the sita�UWNTsR�luitl-in' wi♦ enK-advisaF�37�F�R i4CT£�B-wheihar-er-net;-suck-citkii�. uauianee-he>s=l�ernpa���+�iw-(31Y «�lZi�i�rF-eif 1RegfrFs= ap4im-- �CL1N'i'RAEf{)1Z Subxiitrnctas;- ENGEdEER=FtiF,PFE6R�Etiri�+liaets='snit-tlie nt'6urs,-� iltrautors'=euipluy2e's>nnd-sgeins �i>f-anpwf thaw>t�rs; ,df-usa or -other cor��ucriNol loss'-z�tanding. bg6nd` 4L'reci >}�yst�}-loss-or .dnniage;-to aiisilig vut of:�ir=.rasultiri�-trait-firs oi� iiUizr pent, ,whztherur-not.=irisuraclbt;tJ�1'i'�IIsT� iirtcl. lom '1rr}`-rnsuittilct�-peksy-mate. S. _ a , v••--•--r.-m--=all 1.,. acrm"fr E • 0 0 0 r&6v -A UbO nd 9�.= ewes, eaE9leyaes-eaA-aaetats-ef-estt-i3Fthem: tkrr 5,12. Ah�,'ihsure'd loss finder the policies of'ik�n'Ce 5.7 will b6 adjusted with aIhcv UPPCU!'Su A.m6.n(b.(:rit. of Bandc iind vice;'(1/nynn to Replace J 5.15t_ If, t) %,VNER finds it to,-&LU 4, I�cc= hor to' at poition or p9mons at- the kv - p Sjipehisiiih hnd Ali firendence.; 613. CQNTRACTO;R ii1wil; p�idc. -oc suquOy qwIi,rw,.d "personnel to ="cy, %N, consiru6i the WA *aije.qu ,6A: Unless otherwise a*ified in the Gegeml, Requirements. CONTRACTOR sUl Tumish and nssume full responsibility for all materuils,, equipment, . labor: tnimpanduon• :cdnstructionr.equipment .ancl machinery•, tools, apphan es.,fuel poi+er. l ght brat: tclephrne, "wafer; sanitaiv facdnies, :temporary •'tacdmes :nnd ,nll othiK facilities and incidentals necessary for the fumisliuig L perfornfance, testing; start-up and"completion of the Work. 6.41. Purchasing 'Rislrc[iuns _CONTRACTOR' must atmply. wiftthe Citd's:uurchasirn, restrictions' A cd-py of the resolutions arc: evadable for rr6iw.' in: the offices of the Rurchasins' and -Risk .Management `Division ortheCity Clerk's"otlice. •6.42. Cement-Rciarictiohs^ Ciw of Ton C611ins 'Rcsolulioh 91-121-irU6ires1hat suppliers and producers 6f cement ar nroduets ccmagarE.ccgcnt to remit tint the cement was not made-m cement•kHns.thrtt• bum 14iiardous wastaas a fuel. • Pmgrec'r_ SehedAile: fb} COKKAC'l_OR shall arbor to the prosr"css schedule established to accbrdatice with paragraph'2.9 as it, niay'6e adiilstnl Gom l mStotime as providetLbelolvt: 1. CONTRACTOR shall submit ENGINEER for aweptance (to the e. tI ni' li td" tw ,in pahigmp�l'-'9) gcii& .d adjustments in the progress. .schedule tluit',wdl not'ciei ge the Contr._rct Times ;(of avtilesiates). Such adjustments tvillionfonu generally t6the piagrpss schedule then gt effect and ulditionidly will' comply with any .provisions of the Genainl Requirements applicable thrseio. 6:6.. Proposed adjusynents in:Ihe progress schedule. thin will change the Contract Tunes (or XCIcstories). shall be a4bm1Ul d in acctuilarue witI`ihe. reyuuemenLi of [5 impaph 12.1'. 'Such adjustmeinis .m ry only be' •muffle ,by a Chahar Ordei or Vrilich klmchdmenl in ace"tice with Article 12. `6.7. :gtibiyitutlikand,,"Or-Egiibl" .IreFyik. 63:6._ Whcnuver an,itrm of matEriaLob equipment is ;speci[ied.ar`�csiiibul in the'C6ntra�i' nauateriL's'by` using the name.of s props glary item'or the natne.gf a. patueular•Supliher thespcerEiration or descrtpticins uitcti&d to. eat SlAi the 'type function'yu rl ry" i g tired file lss tl a spetification -or descr ption 61U7CriENERat.CON1311707JS 1YIV=3�l1�N cditiptl N. w. Clll'Oh-t�OrLT WLr1[�5 MObIF7 CA77QUJ IRL1�.Ai2nuiil: romairls'or is followed by wonig.reading that no like, equivalent ar "or=equal" firm or no subslitutitin.is; penniltel- other. items of material oi,ey`uipment or- maferial pi equipment of other Suppliers.may be acseptr`dby ENGQtEER"under the IoltowUN egcum•stangzsi. 0 • 9 17the fa' 6 Ititig hangie: 811 of '-, ygluch wi 11 lie, camidcrccl- by th'e proposed. so LsUlule,.'- ENGINEER' may C' C(NWIRACTMIo'furniW addilioh,�d'data3061 I. the siaul , e. 6:T Lj. Cb.WRACTORs Eepqhsd'- AJI ilata to be [.4-oiided ' N',CONITRACTOR-.iii,su'p-pc*;n'-,of any Eq)osc orw�cqu P -d q al"r sfitdw ittri will be M . : 'o CONTRAC,TOR-5 0 s6 .8. Cancernink, Szjbc�vntractv�j � 4p�jien% ithd wl aTY OF 'L FORT . OOLLINSM I OOLFICA14617s (IdN -1120GO) F- Ll 6.9. -CONITRACT(5i shill �j() �ent'or the., NVork',.ujLh_jtSr,'ojW fbrceq.,Qhatjs, ' itlioutsubcorithicting): The'20ixrcetitrediiiremcnt %Vll Ahlbe.unclerstood to rrfer tolhc -'Aro& the value'af the-Curafki Price. 13 CONTRACTOR shall be soleip ftv schcd3,lJrjg ,and coardtnati" the -„, a dutot •tc tnJuect' rccmtriicl to 610. The divisivas aridseatiuns of the Speciricittiormand the _id6ti ioations of any ,l?iawings sMll not .eontrol- CONTRACTOR in dididirj the Work raving Subcontractors or _Suppliers,nr:& ineatiii ihe1\torn. to he perforincd h}'+ny.9ic6fic tmdc. ' Parent Fecs,aird.Rniv(tier I� 6JCOCr;b"NCAi11. CONUlilONS IJIUS{IyYU hditiml, w, (.17Y O ,I:ORT (AhLtnS MOUt19CA71ON� IRI;\" a katlln' • PPnuUS: 4614. Laivs'ieiri172egrilatih�ui 6.14j, _ �(:ON f RACI:OR • stall ,gi1 e, all' natices.-und comp)yy wtdt all'I:atrS and Regulations applicable to Curtushii,g and performanta qC the Work. Except, Where Si- revise espresssly required by, applicable Laws. ,aitd, Regulaticru; pcithen +OWNER nor* RPIGIItirfiGR.he resperosiblc for, monitnririg CC)i�1'fRA(,TC)R's ,compliaricc with any laws cif Regulations; 0142.,'If (C1NRAC T.TbR, performs any Mirk: k r ow ng;or hnt trireason to'lcnoµ that &'is c5wiaq- to l.atvs nr •Ncgt lagg tioru% CONTRA( fOR. sliall Fear, oil 'claims cosh, losses and'�damages caused lay, 3nsingtof,'-r..sulprtgt'erefiT.-' 1.byever ishall not be CONTRACTORS primary r'espwisiplGty .To maLc coriatn that ttjc.5pa:ifieatiims attd 17rat<ings are. cz•. • In accordanwtih.Cams and Regulationq'_but this shall not relieve "CONTRACTOR . .'of 4'03 "t•.Rr GTOR's"161tg tionsuitierParagraph 3:3.2: Takes:' CONTRACTOR sliall pay all•ses; uconsumer, use .arid other similar `taees,rxi.uired to ;paid �by. TONTRACTOR 'tn `accoriiance with the ,Laws Arid .Rogulations, 'of the place 6f the *Praject iAiich � arc applicable during the lierformance:of the Rro�k: - b-15.1. �O1Vw`ER-is exempt -from Golorado'Staie arid' local sales +and use taxes: cm innurials� to -be perm'Aiiently toi:grporated'intothe arcrecL Said taxes skill not be included in the.Contract Price. .Address: - -Colofvdo Ikpaitin&itlbfRcPenue ,'State `CaoitafAnnee ; 0 0 ) J75 Siiinigh StrM. . Den y2K..rql o_mdo SQ26 1, ;Sales irid Uke Ta;acs- fti the, State,of C6lorudol� ,Ripidfial Tfariswrt;iticiff DisticC. (RTD) 'and ^certaiiY 'Goloirido nofinties an—ootlected . W zthe State of Colomdo lurid Br6'include&;in ithe. CqtificiifiorG.Of .Exemption. Use *h,yq.'(i&1udi�, -StEite, col ul.x.s 0 tems.oth& ftn'Onstruc6oh, and building materials phvsically iricormMited into'the t-#8 o o id.hy'CON'rRACTOP rind afe,lo be ud' in 61) prapriiiiw bid items. , Uve of Prentisei.- 0 am . cbNTP_4CTbR.shu not'loadfid-flacanit,iiny'pan .' of.anv stifxti.�c to 16�ided.,in'.4n), mannicir � that will cridwjq the 'krijcfiue% nar'"ll-CONTRACTOR ii6bjca, of the Wcrk' or';djiicen't prolieO ioi�siresscs ,or it tw], pr sIhatwl e_j%erat; (199tt hh 0 *Yeo. and'Mr.orerdlow ON CONTRACTOR "fi. be responsible lbr, , _­ I initiating:, _:maintaining •an8.supervisinii , 'all mt-'� precaution-S,uni d prcgums, in I -come I cu:oriW�1thL6c Work. Z M;VOR mutionq or the safet y of " IaMsb ' sI I pr&ide' I . he necessary - ,pruectlyn to pment d. Aaitae:'irpfV 6r; lwwto: 6 4.1i .ell 1e m.m,on the AkIrA-kite 6F:%vho im4, be iiMcc 'db"ihc "--"- tc yWork,, 6.20.2t 511 the Wort afid materials and equipment to, , ler in'starage oWor,o 'b6 Wi�dm -d ihi:rCiii, wha- tv t14 site; Od 6.2A.3: oth&�pm jwhy si,tlie kite or,Mjaceni iherern, in6jLI8­' 'h' - , u..ing tree ' shru s lawns.- pa�,crqcnt.%. roadways', mruqtt—lfcs� 'Uti'liti-ek and Vriclasr6und Facilitivs not dc�qikrmtcd for,ir6m&aI, 'mocaticiii ci replacement In the -course ,of'construction I rioticd to OWNER and,COWRACTOR,in acc4dance with para&aph 1,4. the lVork is acceptable (excxpf as oil-erw,,Ise expressly . p f9vided in connection with Substantial CqmplutiT) '611, Sqf8O;'RLpr#,sinO6,i: Cb-:MTIW-f OR shall designate, a qualifiH - rind fit the site Lind. I 'mjbiliticsShufl be the p fei,enticii . i of uc6i I dents I und the mfttnjaktnvig'imd suPeri isMg of safety preciiutimvs and, programs. Hir:nrr!_Camm�nicntitnY Programs, 6,27. CONTRACTOR' shall be re�-.ihlc f6r LxiordinaLns. any Ki'6imateal.safety, di-taI"Sh,eels ,or other haiard comm_un�t66 irfiftnatioriIrcquiredt6.be .nl.fide uytiiluble, to or esdluingcd' between or' bmcng emplovers* at 'thc site in nc�cor&ncc "with _LaN'v.%­Cwr 6.23. [n R n ancegencic afrecting the.icifety or p"cti_o of pleir&lt thicatefitd &Iffiaige, injoly or kiss: ACK)RI -Mll `give FNGINEW pionipt, I Nvrificn CONTRACTOR b - alieves thaoanv' significint 'in'the MA or -vafiati&n (milli the Comeho ails have been 66iis6d thereby. If ENGMFR. ds that a change in the Con , tract Documents is taken h%-'CONTRACTORin 6.24., -Shop brawings and(5aasples: 6.14.2. cbmfkA&ofz shall also submit Samples to, ENGINEERli . for c'vic"w 'and a-p'prbV_aV'u, fiiLco'rdimc'e_ with said accelitcd kh6dUlo-U:ShtO Dhi - viirigs,and -Sfimlle submitifiLi. 'Each Sainple'%vifl,;be'idefiiifitid clearly as to niatefial, Supplier. peftincrit daWsuch Hs catalog - " ` ' d" , 'I &- " - ' 'Whit ich'intende and' cata og nqM -,m an c use .6theivvise: as ENbr,EE­M'­Hy, LINONRER. t6 feivlew i-the sijbmittlil fail the li6ited 10 V�- 6-r-i -01; uo) ptrjiosas'lrequ ired by, pcira' .Wa,ph6,26. The n6niVer; ,of 6ch'Sanipk to 6i submitted will be as %_Pe'dfi6_d in the:sixcirwaiions� 1- :­ ll - l AIRl 'Submifial,Priicedur"13, ,625. 1: 136cire submitting . n'ch 'S.ho-O Drawing or. Sample CONTRACTOR shill'hav l e Merminid and V. 625. 1 A. HU field measunernemi ijuaxititits, diimersi&is,r ipe"Cille'd- 1pelro­rm'urie _ciieeria�., instfillritibn requirements.. `miiuHRI.� -ciiial8� -i numbers and similar 'information- ivith r 6:253. 1 aWmaterizils with respect to intended ti.%,, Eahn-dation'. shipping, handfini storage, k&Wmi ti4 , 51i thc' p�-.rforni'ancil'of th�'Work,,qnd 6:25.13. sill! infuriation Yelmide to r6ji6_rVsibIl1tje's in re.spe . e , t of"means, n4thod��, techmqu'e- nequenc s and procedures of construction "arid 'm.ficiy precautions -and program? i9cid.Lnt4hircto,, lawrRAC ed T6R iluill%also have reVicw_ iind coordinated each Shop Drawing ,6k Sample ViftolM- Shbp Dmwir�gs -and Samples and ' with ' the, . - I jequiremenis" of the" Work-_"' and 4he. -Commet 6,23.2� . Each boii6i,-%iill b.cPi a* stamp orspq:i, w ' te; indicafi on n " rit that M, N'TRACTOR17irfs satisfied ld'mik­r.th& Contract 'DO-Cfirfientii .with respect 1-6, aridilpiproval of that submittal. 0 0 1�1 0 628 Where a Slop Dmwtrig=ortSnmplc;is required by ft Contracl bodumcntaor iho khedule of Shop bmwing. -nnd Scumplc" ,submNstons acccptcd by FNG 1NEEF2'• as rujulrid:by, pnraem};h 9 any teliRed Wort: perforated pnor toBNOI\ HE R's review and apprbvaWI7the pertinent' suKrr(ittal will he' at"the snle ezpensr;nnd'resportslhil tj of CmuRAcrOR._ • (oahn7'1 IGe Wm: k 629 CONI tkAC TOR shall tarn, on the Worn, and adherc'tn tltc pi(�ri`sq sct cdulc 'during all, disputes itr dtsagrbemrnts W1th:OWN6R. •Na Work shalt be delayed't postponed periilrng resoWtron: of, uny,;drsputas Or chsngrrementsi,except as pennated by parngtaph 153,or_as 01VNGR'and .CQM'RnGTORf inay' otharwtsz ,agret im .NT1h7)s. ' 630,O(ST%'R/1C..TORfS, '.Ceniirol' {I•niraritP-anal" Guarnidee, 6Al CONTRNuOR wanants and guamntres'to 'OWNM ENGINE Rand L'NGINHGR's Consultants 'that all W6rk,(yell br m actardxncr ivigh.die"Contracl Documents. 'and wdl •not, 'lie :defectivo. •CO'NTRACTOR's «(cranny xnd buuryritrr hereunder .aYetudrsdefrols,or;tlamugeu-itise�l6y; -" •abuse, mo lificatton or upproper m.untemrux or operation by" persons other than CONTIWTOR Subconntrauors o?'SuppWi� tjr 6.30.12. normal wcu :anal uenr under. riomfil' ... ... .. 6.30.6 COlV7R.ACT'OR's'obli@ation to perlbrm.^arid' •corriptctc.lhe'14ittk to aceordancc'�ivth'ihe Contract Documents,shsll,be absolutt. Nerie of the following ivilP mnstituie'sn,ncb. ptow, : of ;LVorl that is,not ,in' ErC. - ''Na LG LCONut'n6Ns I91d-8 {I99t1E�adni 'wva'rY: of FORTb&Li&s N-106 IC1TIOM (RHV,tn G0) • . _ .. ... accordanoe gttti'the;Coniract Documents ora release_ of;CONTRACTOR's obb6tion',i(i;perfoiiu the jk'ork "nit accordance withtlx'Coniracl Documents: o_3CI._ I - ,ottservatrons �}%E'I�rG1NEEF 6.3Q^;rewrfime"tion;of 'nv,p'm' or, :final poymem:by LTiGMEER 6.30,23: the issoanci of .a ccrtifi6ate of Su6stsnhal 1Cprnpletidn or- an-),",-ayment ;by" C)x,v to-CC1\?RPCTOR under the Contract t)ocuinents;, - 6.30,2 4. use or occupaticyi of the 1Vork or nny iiartthcecgfb'y.OL1!(JLR;; ' -630i15. any acctptanar Iiy'owmii2" oF`"any, .f�iluretoilo:'so:, 630.261 any review and approval of'n Shop" 1)fa`tv1 6 or Sample submit[alzor the 'tzstiance of a notice uf'3cccp al dity [ y,' F (}INFF.IL'pww. ani .ro psrngraph 14.73,' G 3(tr2 7 gin} irispei:uix>;- ttst oc'tipproval shy.- ,other"sSor b:3t):2 S a6y'corrwuan of ir,.feein•e Work by OtVNhR• " 6.32. In ,any, and ;all olatms,agriinst OtVYg,R. or INC,1hrELR or any of dre'v iespectn�e;consullants; agents officers, directorslor cmp_Ioyres by"eny employre(or"the. .surinor or rsonal.rcpresentanve of such =plo"yce);of" CONTRr1CTOR anv'SubwnCactor;�any�Supplter, airy j etson or'organt�auon direatly'or it'd real}' empinved by 171 • 3.3. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as Liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: One Thousand Dollars ($1,000.00) for each calendar day or fraction thereof that expires after the thirty-five (35) working day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Five Hundred Dollars ($500.00) for each calendar day or fraction thereof that expires after the thirty (30) 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: Seven Hundred Four Thousand Three Hundred Fifty Dollars ($704 350.00), in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application ,for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. aty:;of tFterti aq parfoim of funhish_an6.of,the Work,or anyone fur iyhose •tiers uh} or tkein .*mayl . littble; the indenam'ficatidw ob-un h6tion. iei prtmgraph 631 shall ,not be limited to any way by nnS litadatictnan'the amount -or type of tlamabes, cc?mpensatiou ar benefits payable+by or I9r C;C)p?7 RAc_ s' in env tli o 5r Nw_nuactor Supplier,or other penan or areanization under tt•orkers' corn*sstion acts: disability berwfit acts or oilizr employee benefit'acts. 6.31 The iridenrnification obligations of. CONTRACTOR urnler paiat'raph631- shall'not extend to. .the habilih' of ENGINEER and'ENGINEfiR's'Conwlhtnls. orficics,.:dtreeinrs, employees or agenCs mused' by the plbressional negligence; errors odm •otsstons ol•any of then.. .Wnivdl ofQALgjifi lns., 634: All representation, .indcmhificitkins: warranties and guarantees made, at reguirc&bt or given to accord u oc with.",Lhe t;ontrict" Dacumcnis, as tell'as -till continuing. ablig t om indiC•alcd m lire. Contract Dpcumcnts, wilq survive final payment wmprt letidn,ad acuptnnce°of'tfir Workandternuriatianorc mpleti6 cifthcAgrccnichu Aid ICL$ 7-0TAER ZVORK Reldied 14orkat•Site: ma} perf(utn oth.E.. bi.O,WNER's own as to the work ;to the n and an ors, provision for. they be ett .61. CONTRACTOR :tn said,. direct contntcls between OIVNER-and such utility: owners. and othe contractors.' f:riardinaapn; 7.4, :If OWNER. (contracts' with .others, .for 'the performimceor other work on the Protect al the site,'the 016%'une will.he ak fojtfi'm Supplenientaq F;anditia n§ 7�t 1_ the person,dilm or corpofannn wFp'}iill have authority''aiid. res7+nruihilit}•' for coordination of-..thc wart arcs among't}iy: varmuspriinc'_contrgctors'will be' ic4 ritifi- d 7 4 the spccific.,matters to bc. coveredby such adthoriiy,and respcutsi6iltty wan be itemizrpfirid 74A: •thc ectent of such 'authority- and responvk Slit eswill,ti prnvidcd. Unlccv-odicnvlsc, provided in the Supplemcn`tary, CcnditiIons, n1VNER shall hate sole authority _and respornstbiliN, in resperti'oi s0r coorduittign, :and ARTICLE 8-O\V�TER'S RESA_ ONIS113II T1'IES• as e and t}te parties 8;1. Except as otherwise provided; in these;Geneml :nt thamr: Condidons,. OWNER still issue:.all communication-s In; COl�`rP.t\G.'r0R t}wupJiIIVG1NET12. other contractor and each Utility 8.2. In',iase of termination of the employnienf_,of, perfarmml; tie, ENGINEER, OWNUFi "ll'appo*ul an erigmeernffnihst ces) •prap�4,:encl whuin-� dh`TRAC_'7'Ok ntel.es-no-reawimblr-okijei:tioti: Oommity fox the whose status under. the`:ContIma Documents. shall.be ihit- I ciftnpment and of the former WGWEER. the Conitaa Do umenis 'CONTR utting•'fitting and',phtc}iir>g..-of,the P or the outermnuaaras' to thc-axi em FJCUCiJMRAI" CONLKI W( 1'JIU_$(19va Edition), 1K at ciW 6F i;b&rM_ LU,M mot).&i A7fbi&(toil,?12a11111- 83. OWNTER shalt famish +the .data regoired' of OIVNER under Uic,'Cordract Documcntsi promptly' anil shaflaflLe pSTn ts-fo'CONTRACTOR;prcvnptly when .(Fie} are'due as prov idin paraeraphs,I4:4,tind 14.13: ,8.4- OMNER's duties in, respect of providing lanai. and easement., and provtdn,c enguuoruig' stinveys to tstablish•rerercncz points are _set rorth_tn pamg.phs4.1 and 44 Parafreph4.2fifers ta'OWNERs identifywr grd ma} its, atatlnhle to CONTRAC rUR oopres.'of rem,td tests of "oris.e et the sitqand drateiits-q,of physical.condmoris in'e`ctstiiig • • s[ructitrec �t or iiiittiguou, tqthe'sttz thatil><'ivt beeniitili76d [NEER `in preparing the Contna;i Doccubefits: ELt esiaspzci of puFckgs r unci-ataiaW wu�lislirltP,—urx4,�sprrt}=iaurana�.R�;�;. tnnitir'f[inrnerepha3;5 t}trotrp�t:5c1i1• S.G. 0%rlgER is-obliented to ekectne k lhange brders as indiciileltn paragruph I OA. .S-%f O%VNERs 'm%*r.Stblhty -in, m'vi;7 bf CCltaln rnspeutigns,: tests" ;andapprot•sls •is 'set.ftirtlr`in psmetaph t3A, In connecu"on with OWNF.Rs right;tostop Work or suspend lVoxk, sec Iaragnphs 1,3.ljtl acid "1-5'1� para�ph IS? ;teals with-01ViJ1 Ri right to lemiin3(e .services ofC:OVrRAM'Olt•undcrccr(a`�nctrdumstances. g-}u"p:1.1�5-f2�anstliF(ity-in-resrteet-af-and}sEl<rrd Rediaeetive tlniaia{s-t���.�R-�r.zvzl��-; • . i 11 =fi-Ao die C.atttt AW4ER'Iuts a' I- Oil r1wrru«r��� „�.I A '•I,:.i—Flniknt�ni drrangentants NVv 4een-madz—to ;satsf OLWVER's c�E..... - ;ens-tiiid�s—tke- ,aa--z.w=bni nfsr`O Rs. rzspans(lxhty in izs}zet iheril will ba-ns :szt torch in=the StipplenientarrGona ioAS ARTWLF 9-Fe\TCTNFER'S STATUS 'DITRING '. CONSTRUCTION OTVAR's. Repreiedtutide A I" L•N RMM will be -OV NER's repreaentati4e durine :the consir rc on period The duties, Wand resWrsibilities .and , the hmilatioris of authority of RiGMER ;as QW&TER's rrpresenlativu • durutg eonstivetion ure. wt.'fba h in the Contntct Documents -,an +shall not be'e deraled Githouta4ritten consenf, of b�UNL•R aiid LNGINEIR '4-Bits tb Site: 2. ENGGVEGR'ta'ilf make.yi3its ln,the3ite at.inlerveLs ,appropriate ropnaic to. ihc.n various stages of construction:, as ENGINEERde'emS.nmessaiy_ir order.to:olisetve as en e\•penenced and"qun ified'desigii,Mfessional:the prtaress; hJC�UCG6-NF]t:�1;.GONUITIONS IJId-S (Ih7n iikliui}. wr u'tY os roar otituns ntouu is snorts ttziiv �tnoimj L 'Prtijec! lieprwien[iitive.° 93 1. "Me Representative's ieal r5s'. Ti matters pertarnin_ loi the'tin-siWiycuk wilbrn ¢,znerel,<be-.tvith did INGINEER and CONTRACTOR But. the R�esentative will keep 't}ie:: Ol'JNER :nrtiperly eilvised.abmit,sucli�malte"rs. :.The Rzmzsrriletii�_es deal!M withwsubLontractors.ivill only.be thfaugh'ar -with 'die- full. kriotvlede,� :aril aupr6val.:of' Qie CONTRACTOR 9:3'2. Duties and ,Resnoisibilities• Renre'entatiye ,.icLii... ... 9- 12:1`Schedulea - Reyinr the ,:nra�ess- tl ` khFUe and other, schcduim pvcparid+� 'the ONrFRACTOR -and. cansuh, -,Aith_Le. ENGLNEER concernifiu a=Mbility, 9.3.52.'Conference's and Met:tinig _ Align meafirg x6th. -the CONTRACTOR 'such asP 5'cobstfuctibn -,coft2c,eMg I rn rens. evti —ollier- inh .'ms.riference-nhd-pre re and arculate copies of rnifidtcsofirwctingis:_ 9.j_2J.Liaison -913.2.3:1. Serra as hNG'IMEVWS Noison `with CONTRACTOR. 4oiking principally assisi thc,C.ON'I*R.AGTOR..in undustafidi &c'Contmut,Dccuinenl.s. 9J,131 -..',,itinob(nininufivmOWNER additional details -:or muinitt.,For pri3j)qre.X(iaLtion orthe-Work-.1 .-9.3.2.33. Advise the 601WER..arid CONTRACTOR: of the commencement of _mv"Work- f6qoiHnp -a'Shbp-Drmvirii or `mniple�.56bmission if the iuhinirsiodahas4k)l. been a theENGINFER. 4 _iavd lkoLik �� gje&on of bdeltive• -tIcZ Insp LcRjLpnsandT,stx­ 19.14.1, . Conclu6t on -site otAcrVitions of ,theAlork i i 'j io�*qmisi ilic ENGINEER in deter' ii urth t the XV4kLi.% roc&ding in L ncrnrdancc qth Loalllac� �Omi�7L ,9.32.4.3. Ac6gm�_nY-J6P,�UmPMtitun _Ors - W6reieri 9p_,_6tTb Ei c - W, other —a at nc i c s - Hav in e, jurisdictionover the. Prois��Eecor4,the n L% .of these insmciicins and report' to, the ENG WEER 9.32-5 tnte elation cif Concoct Documents.. Report 'to ING hen clafficntiofm7and iataWeWi6m or the,Cantracl Dcciuncnt' arc.needed .and "TismiL to 'CONTRACTOR cimfication,and-inteipretation or the CoftirBcl DdctiecnL% as'-issued-by'the ETGINE.Ek 93.2.6., Modifieali6ris.. Coa&r vand' &alimte.- CONTRACA'ORS mgMomq If& .nipdnitfiese reebairne %TGLNTEER_ AccurateW* transmit_ ..to - ;C OR dcwqimissued by.thc,114GINM-R %l . 7:Ricoids. 23 . .tUB. 1. Fumls� ONKGINE - perjAc .re ' igaujrALgLjbe , -- '- -of the 1fork and -or. ,the -ICONTTRACTORS '06M -kk and. submittals. 4-iJ 8.2 n kdVance or. scheduling- major tests, insxct ons or.5tarl of important:phases of the Work. 0.71913. Draft vroposed'Charae orders -and AVo k ing _�yk �maifffl fikm, the CONTRACTOR en,, -e ENGRq= Chan - balers, —AVoyk Direc6me -Cfmnues 'amd: field orderb., 9. 3211 eW, an, •irnmedi a-I'dW to 0 i0_ ;6 OLVtirER>the-ticemTent:q of am kwui&m 9:32. -;,9. 'Pav nL keWe5cs. kevic�v-sv6lim me For p m n vn� CONTRACTOR-f6r.mffipli;in ivi_jk vg C! e bILstkd, edUrc,'fix iffEr ,submission and-forwardwith reconiftimdation.to 0 0 E 0 ENG1NEE-R--rfotimL,,vnrtiqti [A fly he MWbn&p'of the wment requested'Ihe'schecIle (if values workcompleted "arid materials ls iindeqbt Umve,edthe - , �sitc bLIE nob,=m�awd �Irf U 9.3:2-:10. Comojqti6ii. '99 NrN''fe- —Z-S-ub-s—tahti 'sUbrdii R-'M'c'eor� twCO'NTTRACTOR I� list b�scTitffns mm)Whi�W -We HNGINEM: OWN HR iRrid CONTRACTOR find.-&cp* ra final list of items to be cmrccied or wmplctcd� 93 ii0.3. -'Observe 1hut ull items on the -final IL,;t hMc,bcm comected of _cb4T(pLq_tcd _And make lrecommmdations- to 'ENGINEER concerdine acceptance_ 933: JAiitation of Authorirv: 'The, ReDramlative SliMi Trot 9.33:1. Aut. hdii.q' n* 5:offi t .Contract Documents: �br, hcu�nt, -arry suhslituw� inateii udual6f v:the: EINGWIT.'K. 9.3.32 -Fx6ccd- lim"iLitiMs 6 f J- N G IN EERIS ad 'm Lon -�i�'Ubqhirtthe r;,6nfracLD6eifmintk- 9,3 3 3 lidcrtake any it cs of the � CONFFRACTOR- U=i't(ir 9.3.3:4. -Advise` m ohslife. to. -Or' IissUme-control ci,er arivY 6171M, means;_ methods, ':techniqucs_.s�noes: or psottdures or . co ction n ch spe6f1*M the Contruct Dbcwoents. 93.3.5; Advise con• or iksiic- 'difedtiorm rcmrdihk or.' assume �'obntrol over MeW., 1w . . . -"d - I jqqLtjm,% and pro with'the Work. 21.3,6 1 �—Ackqvt Shu� D� subirittals 1rom anyone ..'other 1.than el CONTRACTOR - 913.7— -Aiitfioiize-;6WNER a6- occuj:0.-'the Work in Vvh6le or in part,, participate sw . cializEd field 'or labornt6N fats or inm&iom caMicted hV otheA- e:Kccpt . -as 3 MLcifiailiv guLhdHicid, by the, -ENGINMR: 'Qadf!eqfionr and In tq-y*#qtivmv.' :9A ENGMER will imuc with mason bl& such C)266afioni or"jnt*it�cm ti`of 'the FAW(mNIPLALL CoNL)rn6s I nnO400ndtidn) tr/C2 YOF rORT COLLINS MODIFICATIONS tP.5y,1,2000) 0 .AI uthbrized PnriaGunszn,Wurk- 03. "Iin,cohiiieotioh SFio- Dra%Ving , pitrn aphs 6-24ihro6ph 9.5� -tn, Lo er, th LNG=, -Ws authority US to ge es, Char 16, fl'2.ai�d-ff , 9.9. p 'A6 III =Pms %br.Pnjment:-s'ec"A' rilicle',l 4- DeWininations jar UfUl Pric4.-% Oil. ENGINEER, All, detc6-inc, the '-actual, ,Auanlitics and Unit MZe 'W6rk'jk:rf(iriIid! by CONTRACTOR: - ENGDJEER .willu p5inw tyith malians,un-such matters '660-r-c fen ringwWrILten cecisi n'66' Won7,dApiiikI"-n f6r P. Vnient orrothq*ite), FN(3E.qMR'si%Titteri decision ifidrecin iiifl lie firml: and. binding ujkui;:ONVNr_-W-R'nd CONTRACTOR, unless: within ten days ,after .the date of eitherOWNIM or CONTRACTOR.' delivers to the 'a'ther and to,ENGMER, written I' 11 notice or, intention alipral from - ERs dectsionistaken wthe ai n etirre, p ,in and H accordance with the prixe�dmrksel forth in Exhibit GC -A, "Dispute, R6610tion Agreemenl'. entered into between -OwNiik,tnid';CON'r . P AGTOR',P'u'ruu'ant"to has been entered into; a formal proceeding is instituted by the hiten li ng I-)afty in a. I,c of compatent jurisdiction to exercise such rights orrmiediesais the appealing putty may. kivi_ivith mM.�__m to ENGINFER's 'd&ision unln*.rl9 otherwise agreed iin w��67g hj-, '(iWNHR and c()NfrizAm7N& sa&. tioFew, will out 6-'5ubjed to the proCedtfm dlpmragmph 9.11, Decisions 9,11. the requirements ofilid Contract Doctiments. arid, judge of the ncei!pmbilin-6fthexkf6rLthereunder_ other, an npl)% set to - and ihe Hied and to ENGINTM within uch decision m-pil a [brintil axid.Rciuliltilcm Wlthm;sl'dY days of the lkire of such SKDC*c7ENERALCO"NI)MOMI)[Q-Hti99UEdClmI dicisic6, unl4s otherwise pgrOd: in *its by.`OW. NER iird'6RA&bll, 9.13. Luhltdfipny on 0N61A-Lks AuMofiti, rind'. 'J.13,1, Neither ENIGINEFRs ftulliciiily or ,rCsNnsibility. Lfndcr.LWis Article J arinider zny -other 913,2. RNGMERR lkill n6t rm' su'It'se", dirccl� e�ntr 61 'or have itithority over ' or I;- resp6nsthle for CONTRACTOR'S means,method!�' tediiiique's, sequences;or procedures of comstructiom or tide _safety pitcautio'n' arid piojiurris it cidtni thereto. or:_fWany laildre:of CONTRACTOR to comoly with Laws and Reguintiom applicable to- thi ' furruishin g or pifforniance of the WML, LNOL. =-- will not be respbrisible"for CONTTRACTOR'sj'ailure6 peifiinn � q, or flUnTush tlie'%Voirk iii,ackordame yitivthe� , Co , ntract Dociim6ntfls -9.133, ENIG6T,Ek'mitl not he reswrisible for r the acts *or , oniiAioli , of CONTRACTOR - , or . ;of any Subrontriictor gnizii6un '� up ling'. apy. .- Work; - I p�. � ini#�,_qr lulm'i4ii*g-,. o ; , 'f the OA3.5, The livalmilohi upon- authority "arid 0 0 0 0 rzsp nptltbty;sctE0 hihtTtispara mpli'4,I siallalso :apply tti &I?CiNCGRs;Co sul aNs; Res ii nt Project Represernativeand assistants,. ARTIChE 10=CHANGES.INTFW-WORN 10Z If OWNER and CONTRACTOR are unable'to agree,as to the eetent, rC:an}':: of" an ;i gusiment, in the. Contilm llrioe Ot'an adjualnn'ntof the Cuhvact'l,inlcs•thit should he allowed as a resulCof a Work Ovinge'Ihrectii-e; a claim' niay he made thereCorasprovidcd in Article I I or �lrticic d 2; 10 3 _ ,CONTRACTOR shall not he ctttitled4o an increase at the Contmu R ici Or an ex'term"611 of the Conuaet Ttivei attFrespe`ct tolany Work performed that is not required by, the Gontrticl Uacuments as 'am"ended, imodified jand Supple icn4d at piervided in paragraphs3.5 arrd 3 ., cxccpt i the case of' an- emergency its provided in,pnmgraph6:_3 or ,in 'tlic, mm of uncoverii�c wgrk,` a_R'r pnnadcd in amragiaph 10.4: OWNER .and CONTRACTORshall, czecate appropriate Ghaifge:(]rders recommended by I:NGALGR (or,'%Yritlen Amc' ients) c&ering! - IO,4 I changes to the'Work which:ate (i) ordered. by OW'NCR'pursuant;to'pi-agmoh 10;1; (u) required bLi'ts a of acceptance :of de/eclrve .Work- under 11 paragraph 13.'13 or correcting defzctnetWork'ubdcE paraemph13;14,,or'(ai)i_ eedto. bibic.partics: 10;41 chahges in ilic'Contrifa Price ar-Contract: Times, which, are agreed to bj thr'.parties': and 104:3: changes,in the 'contract Price or,C'miracl. 'Times which embody rhe.substance ,of am written 'decisron rendered 'by ENGINM tputsuint :to, paragraph 9.4 1.; - provtiedlhul Giiieuorcxecatmg..any,such,L'hrngeOrder,• an appeal maybe ;taken from- Uny sac' det.uiirn iii' aceurdam:r wrth'llie.proytsrons of the.ConUact Documents aha applicablc.Laws,and Regulations. but during any such e6al: CANfRPcrOR shall_ carry onAhc'%vork, aucl eie ;to the �p'_ ress .khtdiilc. as iprovided in "parugaph;fi ?9. '165.. If notice _ofany chahge•atkclirig the.;geneNl:scopr, of the'\Vork•ori'flie pro�rsiorLs:of;the Contrnet [)ocvmeats. K05Z 6Nk]t tL;CONUITONS i91oS(ioogdkiai). wt eYry c)V rOR't:COU.IM Metin ICAnION51RGV 412000) 0 '(inuludutg. lilt nrn limited to C,��ntract Prtc� or:Gontrcict Tunes) i reytured by tFe'prattsions''of any Iionrl lobe given to a Surely"" urety , tht,t iving of any -'such notice will -be C'O\TRACT'C)R's rey onsibday, iuigjhe,amqura or each applicable 8oad Will be..tidjusicd iieconlittI" ART IC1,E II—CFIANGBOF CON PA& PRIDE ll,.l ThE Contract 'I'ncc 65rwitut6 ?,die, total ccimpcnsatiori'(subject 6 aothonnd`edjustments)paj able: to CONTRACTOR forjprrforttting Uie Work: W dude's, respoosibilitics and obligations issrgned to.oi.undcrtalceh, by: CONTRACTOR —shill be-01 UtN''I; RACTUR's e ipaise' vtihauV an_, In thc'Conlract Prim 1,1:3: 'The ,Vnlur uf'any Wurk uoveretl b5 a ;Change Order or of any claim, fix an ailjustmznt in the Co_niract_ Price ii dl be detemtined-im follmFsi: 11.31. where'the..VVtirk-.invulvedYi 'covered by unit pnccs amtmnic in the Contract Iktcunient.3:'by appltcauori moCsuch uirit price;s lciihe quantitresbf : the .. . ites. . tnyolved,"(stoject'to, ahe proyistons' of= 23 0ii &a hip s M9,1throu 11,93,incluiivf) !11.3.2. wheic the Work involved is not covered,by unitl?- - i Lh (`on[oictDwumcfiis,'-k�y by -a in=.contamedirt e ....... " mutually agreed payineril,A� sr-, me u I-dii ing I ump sari (which m' hy in'cluan 'An fb� o6qrhind send tnot fi'm'essaniily' yia- -;uccoir&nce-- with paragrapfil 1.622): I IA'3, wherc the Work involved is not bovefed by unit, prices es contained 'in. Ihq:.'C6nffiia'. -PoLulm ' unent; '' ar� * d ' ,67 8cement , to. , a lump stun is not reached der paragraph 11.3an the ' tiasis of the Cbsi of the Work.(determinti] as provided in piatigraplis I 1Arand ,I L5) plus a CQNTRA(;T,(')R'--• ,fee for overhead and pro.fit (det9rininM as gnat ided in ri . 'w, l qragrap Coist of die I Ydrh-.- I IA. The term Cost *of W of the ork- mcams the surn of, all costs necessarily incurred afid paid by. CONTRACTOR in theprop er ro ancero e Work F�xc`t as other wise, ,a I he in in . arltirig -,owroi -'sti0i 60kLS,ShSIl, be.,m, amounts n'o hi iern thou prevailing in the ltocahty th`e ijC I:I `include Y, c foll -owing tinisiand.�Kil1 not nal do' LCos iteini7rd in' 11,43.1'a)'foll ;cast fid - eriipl6y&s in The r difeii crriployof ('QNq-RA(.-I-OR'iA'the ricrt'�rmancc of the Work under schedule I s'of I Job, classifications sifioitioOs ngreed upoo tiy' ONNFR and -CQ,\?TR.k(--T0k, �Such employers- '"ll include Without limitation Mitto n SUp.c. 'hritendmits; ffircirand otherain : Ct�61aved' rUll-tiMC :nL the Site. 'dp6ibii'jwiwnriLl. ccsLs ror The *.p-\T)Lnkq of Nrlbrining Work � wink pt hours ori-Saturday, Sundavorl, shrill be ificluded in the above t6the eme 1;y owtqm: - , .... 11.4.1'Nymefits made by CONTRACTOR to the Sul3;;q`ntrac%6 for. Wo&--pcffbii;'ed & fainishcd,6v Sut-,6 a&i., if required, by Fir DCGL-�*YAL CdN6MONS I 91Q-8 (10W13,1600 -i4 wrcirrot roxrcytritt0o(rica7tov� tits entreat' I - 1 4;4: Co.qs)of..q�qcial consultants {including.,but 'limited in �engmocrs not lual -ar'chit&ts'. testing — 9 �crfipinycd fdr'services ' sIx-cific-ally" rclatid,to-thc' 11.4.5p .1: -ljie 1 11 � I , ryliculion., a noems;a131 transportation,tmvcI and C-6Nkl-RAC oyces mcurrc T(ili;s -,cmpi d in' ,11.4.5.2. Cdat, including tiansrxi rtatiori andmnvienance:'o, f 411 'maieiws' S'Upplies, .oquitimont_machincryj ajpliancus, niTweand temporary vr1C11 by thc'w6r'ers, whicharc consumed in thie. .performance I of- the I , Wof k, and 6ost 'less , inbxk . et value m�of suWitcusedSut,66t e6m4ffied which rcmmn the property Il-ASA. Sales. 66nstaozr,-use or Similar lit:(6s Worl,' -and, ';f6r' y0ii6i CONTRAOTOR is l 26C by LamCand 1,1,4.5.5. Depbsits bit'fbi 6auses z 6thcr- than reg)i�ence of 'CONTRACTOR- iinY, Jirbeontrattor'or !aoyonc diiectly or -.indirectly employed by,any,bf.them or for Nv oCe;acri any, of them may be li'Wd; ii-nid royally pavmertts and ('ees 1,6r Permits and licav5cs._ I A.5,6. 'Losses and damakes (and rclated by -dama-ve to the Wok. cxp&%C�)'Causca, not compc&*d b herw,ise. sustained byy insurance Urrot CONnACTOR in, ciatineotiM with the: 0 0 0 11_4,7. The cost of utilities, fuel and .sanitary facilities ao diesiie. 11 4 5:. , Minor 'c�fxnsus such as telegrari s; lung distancetelephtute calls, telephone servtce:nr the sn� c.�� ii:ssage and similarpctty:eish itctiis,iti connection aviththclVorl:. 714.5.9. (lost ofpremiums lbr nddihdiia6Bondc and tnsumnZi .. iequ red bccnuse of char gzs in the \work: 11,.5; Ttm ktai ('cst of the Wcnk shall not include any,pF the follosc vig: - E 11 52, Expenses of .0ONTRACTOR's pnncipnl :and bmhch offices.othcr than 'CONCRAOTOR:'s officeet thexte. - - 11.5;3: Any pert .ot* CONTRACT .URs capital cri>Ys, :mcluding mten_- t cur 'CGNTRACTOR'$ tarpital employe l Cor the Work, and char¢esi igaiiisl CONTRACTORFor cle ramenl - ants. ci& of �p*iiq is. fo`r ,all Bonds •and for gull ;iriaiiar k hzllier,ornotcON[R.�CT-)R.-- rerjuveil by.the Contract Documents.tu pptutnn.hase and mamtuin se pforhcsot.ph.morcrplums�ccnped subperagieph 11above). I;tCUC4ENh7tAl:.CONU17i0N5'.IHIthS (197U Pditiail wi& YOF FORTCOL.UMNtObIFIC.�71t)N5 (RGV.1/2.600) E 11 >.5; Cc$ts dpe to tkt, neeJigetix cd CONTRACTOR :arty Subeontaor. cx ,jirryima ducally or indaectly,•tinployed by a ry of:them orifor whose ausatny of tF em, miy be' Gable, incl,, ng buA not Itiuil'ed to the corirction of rle[ecrna Work 4 tspnsn1 of materiMs•or'', equipmehi, wrortgly-supplied end'mr king gtidd`ariy climagew property: • - - 11 56. 'Other overhead q general expense'custs',ol', any l n� urid the cost' ' 'any item, riot •pec'Gcally, uncl e _V 31y.lricluded n`p ingraph'1'l:¢,, 11,6 T.6e, <ON.1'ItAC'I;UR's, .fee allbikcd ,td: C6kRja&6k 'for overhead :arid profit •shall be determined as.follows; 1.1.6i h,a mutually.ucceptable liud fee_;or. 116 2; if _a fixed fee is not ."greed upon, "llicri a fise Kiisen on the• folloiving percentages of the �varidus pgq ons'nf the Cpst of the Work 116'2'I., Rir u�ts. i=6.dcd uridcr (viragmphs11:.1,1 and 11,4,?, the caNI RACF(,)R's Fcc shall he fillccn percent_ 11;6:22. .for costs;- incurred under paragraph the CON`fRACfOR's'Fce shall be fivi'percrnt 11 6:3:4 no fee shall lit payable_ on the, basis '&costs itemized under paregraphs.b1.49;'flA:S' and Ll h.2,5. the. a7!o n! ofcreditto IaLallowcd by, CONTRACT OR to OWNER Cor a-ny:chan�gge, tvhu:h results ln'a net decrease in cost a ll'bethe ann6 t'of the actual,net decrease m e6st'plus a deduction in CONfR.40TOR's fee by an amount eytial to Gve percent of such'riet detrrase; tinil UE6:3:6., when both additions and credits.are: involved in anylche ohunge,•;ihe'udjustmcnt in CONTRACTORS fee shall"be vbnipuled,on Ih''c basis of the net chance m accordance' with' parao lts 11 6 _ thrtargh 11.6 2 i tnc.umvd_ " 1.1.7. Whenever tbe; cast of any Work- is to lie 25 Veiirmined pursuiim to p*exaphsIlA and ll_-_:), CONTRACT -OR , will , lesbibfish� and _,maintain 'records thembf,in accordance .MIh,g5TpUy uccpfedaccouhting [�mctices Find subrfiit,in form kqe I NG f K M R a n ptAble,to F, ittai iied cost 2br' ,ukduN'VI;ti',- other"With sup'N'Tt ing data'. 6sh Allanyinces.- deil ' in 'Ihc (:6nnucil Pikil"all *ullo'wun'ces so'nale-d'in,the" Cbiitra% Docuffienis and shall 'M-use the W&kse - ceiwiid to be furnished and perrcrmed 'for such sums us niay6i . qgie&s that:. the allowati66s include' the c& to upjplic_able snide disctiunts) ,of,matcriifls and equipment required by the iillciw.nius tu:bc defivered iit the site. and all MVCONTRACTOR's costs for unloading and profit - o , fit . and other 6q)enscs centein'Olated for ther allownricis,'linve been mi-luded in -the Contract Prici and not in the allowances mnd.'no acniand f�' ' ' ' I., I , . ., f, e foregoing additionhl poymenvon accotint-,6 art,, of the 'fin; Prior to a paynient,,an uppropiiale'Cluinge Order will tie isni.ed,ls- reconinichdIed. by E2%JCTINHHR to �r&flmt --actual amounts e I-r � on'account of Work eo�rered iir;­ shill be hy. nllm%�In, tw iafitract Ice I_. correwidin ly adjusted: 11.9; IlAii P14ce, Work 11MI Each unit p4ce-will be deemed to include err .amutmtcior&&ied by_'CON'TP_z.kCTOR to he' utleyuute. to e6va'COMFRACTORs. uverh6d,iind iprora :r6i ,each s4arattK, idemifi&J item. 1 t9. IOWNMZ or CONTRACTOR may make, ai .claim for.'an 'itdj6unirl in thc,"C.tva Pricein' a4dardance',with Article I if:, .11 !9.3: 1. the quantity ciPapy item Prbntitpnqe ,kVnrk*- NURAC71-OR difF&W, CO aiiil4ial rYll 11iCantly from the"estirb ...... th quantity of such. item indicated in e AgFment, 6 SJCDC GENERALUDIAMMONS 1910-H 11991) Edtiffl) and I ' I_o.3;2- Lhere. is no corresponding adjustment ,%-vithrespeq!oa- other item'qVIV k';--d or C. an 1119-3.3. if CONU"("I'm Wiii­ies that, -CONTRACTOR is entitled is .an increase in Contract..Price as a result - or, lvivirttg,, Iniciered -additional 41mw or. O1kWER,' Mlev'es thM OkVINFR:is entitled to a decrca-stlin and the b] pi7ee a,., to the . Y 10 iintiunt of iirivsuch increase or d I- - 119:14: -CifiINTMACTOR ucknowledues that AheMNIERKA the nilittoaddordeleicitenisin .the Bid or chifigc'quantifi&nt ()ANWFR'S sole dik,retion'witKobt.!6iTect7uit-� the Contract Pricc of any, r I ctmiinime'-itcrn --soMorig !,is; the deletion or YdOttion dun not exceed'twenty-fire percent o 'the miainal total Contmct Price. AWNCI:F.12--CHANGFOFCONI R;�.C_j:rTIMVS tarecifthe essence, of the Atzrejfnem. , - essence, -­­ � I - - ,d froiW Contract ;Gntibl of eft . ded - in an I amou - rit I equal , 1c)-time lost, - duejb such if a Claim - is ni-zav therefor -a-s. prldviii6d in raph I _"� 1. Dclayi 'beyond Ac- '.c6fi"l of rRACTOR,shaWmcIude,lim.but riot be it. , to,AAS, T. foes., floods. epidemics,. abnormal- weather or acts of 6M, Delays attfibutWc, to' mid 0 - %viihidtlie cont-ro'l,Of � Subcontractor pi).8 itifiplid shall, L�,., 'deemed io Si delays,within the control of COI TkACTOR. ARTICU" '13—THMS AND -INSPE , Cl , IONS'; CORR H:Qfl 0\,,R FMI OVAI, OR'ACCKlyrXNCK O,' DEVLET.JIIEWORK- ft'hiptricitice,ofsill d?fgciisle�'War-L-af%vh-iahiC)%VNFR:cir lxC.M,mz have :actual, krxi . %vl*c -will tim�given accepted �tQ- corrected cfr fcd as IYOV idM. in flits- Arttcle'l 3. • ,Access to Wnrlr .-Tesfilan-d.Inspictiong.% 133. O)MTRACTO - RrMl , pive MJ , G-NEGR timely 66tke of'r&diaess Of lhti'� kV0Tk_ rar all reyu tree{ mspecticjn§; 'd ot*rnte'with inspcdion�and tests c��,Dpprovu s: aril L Jesting perspniAi6 Eicili,latzraiuif6d inspet3tirths or tests:, 13.4, It-t , D%V_N M-sfiafl;employ iindjxi� forjhe_n4Ges of ,an,independent 7testing -laborutoty 'Ao" .w (i r kfitinn Al mspectroiis, tests: -PP �A- royals, N' 'olired Documents except"." 13.4.1 For'inspeuitim, test.s, by paragraph 13.5 below-.� 13.4 uri-cd in consiccuo LhAt costs incn with tests Or in s ­jjdct,;d h" pe5ions, con pumwntzto.rtaTngmp. 13.9 41 CITY -OF FORT coLLINS NIODIFICA-1-10 (RG [6000) 0 Below ANMI Av, 0,icl ;isi �pidido in -sdid. Paragraph 13 9. and 13A:3. as.:od*rwise `spect6xilly prqviaed in -the _k ja Ul 13.6, 11 f,an�,.ktolor (or, the work,�� oth�i�) il t to �e� insfectec 'd � �, tested 'or approved 'is -covered by, NITRAGTOR 1withobt written c6nicortie'nee of +.N0IK[EE'IZ.jt ftilik 'W,irc4u, ' '6a ))� ENCINFER, i6tc t unw-vcrcd fnroftsmwition. I . 3.7. Uncovering '()Wn;� as Itrovided in jiamgraph 1 3-6 shall be, "tit � L7NlTKAcjToR's I Lxp mse, - unless 'q0NURAcrm w gjv6 F , htduqffp.R.tanc!y notice -of .CONTRACTORS I inienticiii,'A 6 cover Am same- ,sam'arid L•NCrlNFI?R,Ivjs not acted with *rcaso'nahl cyrqmptncss in rcsponst:tosue 'notice. If iny,Wtirk is.wverej 'contrar},Ac"&' written. request ot' kf4GUqEEP ' 'it atiist reqtiqsted' 6y 2q(511rGGR_'be'un6overed Far EINGINEER's ol5servation tit _CO3NYR.A.(-r0Xs'e_x' *Pe ns-e. 5.1.1. Prior to Substantial Completion, progress payments will be in the amount • equal to the percentage indicated below, but, in each case, less the aggregate of payments Previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00520 Page 3 for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in is 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 urio6vering- expm''re, qbs.erv`,,V6kinl 'irts*tion. t6stifig, rep acement ;and i&Onstructibm 'and, 'ir f,the'- parties ;are' unable:_ to upre: as, to the amount: e or extent 'thereof. CONTI;ACfCik may imikeii claim the 'd tAil CI) uand 11 T re!(# �s prury 1'J0 1� I .M 0 1;,.,%,ER Afdj, Siop the jVVjk:, Correction or Removal of Defiecdw Work 1332. Correaioh Period: of as eel by O%NWER- remove %6th, NV41- that is not ly corred, , or remove grid ark'or the work 6f othirs: .1GT6kdoes ,not proif limited to A Costs of woik of lotheri) Twill be jxti&Y-WNTRACTOR- i I'l 2J, In special tiruumstghces� wlic-fe, - a fiirlicular -item 61 lequipmerii ;is pbeed 'in continuous Service befor6, Siibrstarrtial c&rre-ctibii pericid (bi that item may start , `to nin From , an 'earlier dat, if sxivrovided in the sacciricatioris or�by Written ilmendntent. q&cfiiwAVork, _(Oftd damagectha-- r3jcbc'qsNw�ALuoRixiioi-:3 f0t� Ow Mimi .28 wctn(It AYork rastilting th6�om`) -fitis been corrected, 6� , removed rejpinccd'under,tfi6'pa ragraph 13 12�jhe, correction period liereofidevwiifi aspect to su ch'Work tall -ee. tended "f6ran- a'ddt'iing' I. period omw_ yua two after su61correction or. FCnilbvil r, and replaeament has'b&n fle6eplaflce qfDefecfi,%,e Work I . '61i/,V2:R kcgr Gcjtql befj�cq-6e WorA,rl,, 0 0 0 damages iil[ tttctuile Nt rue N hooted .to all costs of repair or_ r replacement. of %vork of others ;destroyed ;ex damaged; by: correction 'remuviil . of replacen Brit. of CONTRACTOR'S• lzfictrve-1Vyrk CONTRACTOR shell .not, be`w 'sllmvcd an exteton ofthe GnriirudTimt `s (or ivhlestone. heta-- , of arry clela} m p�:itormence of the- Work tittribuluble'to the ercrcisc.liy OWNL"R orolvidws tights and remedies hereundu. ARTICU 14-PAl'NMNTS TO CONTRACTOR i\NQ COMpfffION ___ Schedule of.Values 143. The sch'edula of.valucs cstablisiicd as p rit'iticd in paragraph 2,9 will _sense as,tiic base for ,pr g> ress payments. and will �hc •incorporated into-,a;forttl of Applicati'm".Cor` Pay"16kacceptablertoENGINEER Progress;payments u acrnbnt ot,h'mt Nice Wor - i0l 6e baseQ,an the ,numher of units conpleted.. dppliriU'ian for Progress wie/tt CONMCTOR's Warmntr of Tide: .143. ..COVTR_4CTOR.II;ammts:i d guuntrAees that title to ell Wur1. materials wid etluipmcnt"covered by' ran}" tlpplicatum for Phyme'nt; 'whether incorpuialcd i i the Project -or nbi will pass to OIVNER rto.laier than Ihe.timc ofpayment free grid clear ofald Liens;. Rerieiv,of 4ppipm1i ns for`Pr�o; •ex� Raymrnt:. 14.4: _ENGLN«EEP'wdL wtthiri'ten days -after rectipl of 'each AppLcedon fiirl'avnicnt,,eithcr'indtcae;m tvritit�!a , EJCDC; C;E'N1']lill: CONUi17bt'S_''-1'! I t>afl990 Ettiliail N/ [IYY OF FORT tbLl:li� �1f.)UIFIGITONS tRGV'12ana) 14.5. ENUINhtR!.s iecomme lotion of_iny iiayment reyuestan Application or PaVment xyill_Constltute'a ,reprec"entatitn,by I:NGINh1.R io AVNER; lensed on, Et G NMEWs'on'site olidcivations of the e�ccuted \York es an experienced and'yualilird dest�i'prol'mionel anthon E.NGINE.ER's rcvtcly -Ot he Apppphcaticin fir PayrncnCana. the uccompanying data and schedules drat`to,the lest oC liNGli hWN:sknrnvledgc, infornfatiO6 and belief: 145 1, the, Wiirl:' tits p cij�f sled to :the Eiaiot tndiaitcd,. ' 14.5.3.. the conditions precedent to. CONTRACTOWs being entitled ,to moth payine-M appear ao hale '.liven fjd1i11cil irm-Aar' ,as', 11, u• ENGLNMER'sresports ibih & VoliseryeilieWcrl '147 ENGINEFR 6my refuse to reconarnend the whdlo tiri uny part bf anj' payment if, in'ENGTNESR's opiriiot .i( t36uld be it correct' to make ;the representations :to .29 01 1 Rwlcir�d "i� �2 f ro., Ms4oy. '21�r rTiu,e t6 iecomm en8 tiny w �'pI3�, u f the results, 6f �,ulsubrcn ent idik Z 'eci cc. "Y -�r or tcsts',�n 1%0.� such pa};meet peviously recommended a such extent as may be ifi �t 6 Prot in ENHNIF,Ews qp , kd n ect from iN, iLuse: 1,i�he',lVork is iefeefiiiqr"compl eted lvqrk has 6ecn damage d requiruwcorrection orrePInce-me I , 4.7.2. the ContFaLt Piice, has becin rcdticed by Wri&6 Amendment* Chanee Ord&j 14-7 ;i O%Vl%rFR 1vqs been requirecl, to correct. A �,'t�,eVbrk oi 66pl&&� c W6rVih'accbidari'ith ,'tie - ' ' ' v pumEwaph 13-14. a'r ,14.7.4. EN"GUNEER..Aws. actual ImmOlogs, of. the occurrence of 'any .. of ih events .enumerated' enumerated, in UXVNER mayxcfug&to am(iimt 1 1, 75_c3'tTIve fic'en niadc,'n iwii 01\W5FR,zon :e nt61C&ZAOR1iiiFaXiiT6&orhiiiiishlif oNKCA6rk`, 14-7 - .6Li'ens.,have been fil&d,in corindclion, wiifi the Workexcept whm (.QrTrRAG-IbR has -deliv'&ed_a to OX��ftR to secure the sp.qatic B66d ia6da6t§`ry satisfaction and dCscku}3c of"such.Gieris, 14;73., there are other items entitling OIVNFP. tbA'sct- 'offrddiriq the ambi-int reepmm'erkd -a or 14.7:8. OXN7N7ER_. Has actual Vftowlcdge of Ific' occurrence_ of, tidy,, of the.events enumermed,'An throughinc!ust_vc( 15�2,4 Jnit OWNER must give CONTRACTOR itunfediitte omitten ii6fiec: (%Vith a copy to FWCljNtRR)v.-'oatirg..thq reasons for such rLii6n,myd promplly"pay'-COT�T16ACT09� the -immint so-withfielct,'or -_n'y,adjitj%tnienl LhdrO.101i6rreed tb by 0!TM­ next CONTRACTOR' when CONTRACTOR oarrocts to OWNER's _&�tisifpclion 11i6 je�' for wch action EJCL)C (IEN'ERALCONLRMOMI!)i"(I"bEdifiiiI 36. . 40000) 149, 'OXVI\TM .shall have the •rWit to esclude comfRA(Tr'6K &tiit, the Wank. after the date "'of SluWan.jitl Complcti6rL but :OWNER 'shall �alloW CONTRACTOR-Tc6som1ble access tc,L,6mplete. Oi correct items on the ten tativelist Partial 11fifizution.,' 0 0 0 C-I • 0 HARI No occupancy or sq)arnte operation-ot'liort of Wor�-- %vUbe-aixomplished prior t6 coinpliiafice w06% i - .� I.. �' � r -1 . -� .-I � hc,TNmrenIents,a prograph-5A5,in'respec-L af property irisurarice. ,lin-al lftspe4i4on: 14.1 Upon tvnttcn,nottcc (reinTOR tivit,oic cailre, work ....... -ifi, , �, - , , , .1��40Q or an- agreed poruon mot is 'complLtc,, CIt willmiake h firtal iiispcctioowith ,OWNER ,and CONTRACTOR and Avill notify CONTIRACtOk in I I � - I -writihg qf�all j�art iculars ifi.whicWNs msW , cti o n revenis 'that'the %%Wk is ioci6hiplete -W4i Amall in-im-ediaMy:tAe such measurmos are neecssary io ooni'lc 6ki6hkork- c)fr6icdy-sdcKdcfi6icn6ics F7,nal Applieei# inforAynient: EXAVOONMAL CONDi'll - OM;'i 9 104000mtia,) %to Ibmish :suclv <3 relea6E or receipt ih, [UH, 6p�rrRACTdR mayl1whish a Boad oroffier imllai'vil' s,a,t.i-sfa�,to*-.to,OlVNER,,,io indcrog�'-,GIVNEk'againgt. an), Lim tbc'ajxctv- tb'.Finnlhze ravmem'•art= [u `t c su6tnitteil. on ffiffiR&infbrmine to the f6mi2t.of the Olkq\'FWS staricinrd :Fdrms butrO in the iniviml: lljiul Parment undAccwtaa& ll!rgvi;r ofCaim.g.- 14,15,, '.'I:hr makiiiii and acoc Ttar!U of liniil'p6yiI6it'Will waiver of all WNTRACTbk- 6i4t' clarirs anstng fraiu iiiisMid .'3 1 p� tiro l t ji 14.11. frbrri raill. l6p comply vih_.ffiNntrki 6ments or the terms oCafiy:speciui:juargntc8 spaified dicrcin.,or from CONTR4CTOR's 6intinuing obli"i und gations . _cT ifieconiri1c,fDocuments: ,14.15.21A waiver of all claims by' CONTRACTOR, again[ OMNUR other than those"previously made in tiiitirig 4 still unsettled: ARTICLE 15-SUSPENSION OF WORK AND TERMINXT'JOLN' OiVA7,'R,.-Vqj, Szispiiid 111drAr.- 15.1. Al anv. time and without cuuse., OWNEk may susnend the Work or any Peirtibn there6f for a N"riod of not will : on. '153'. Where '(;6,NTRAt._J(jR'-, scrvii:E.� have &xn' so ti�rminatcd by. OWNER, the., termirititim will not affect, any I rights- or' remedim, of 'OWNER again'sit CONTRACTOR thcn,existir4 or which miy,there�allqr accrue. Any fetenfi4n_c-)r'y a 7 yT , ne nt o r 'nia : n eys due COUTPAM'OW iby OWNER' will not rcicasc: 4o,%Pr KA, Owe �Upoiv se�'en da�-.' �writlen motice- to 'x nslon of Conti -net Times, or: Q0i, directly Z h i ­ ­ " ' -R uL 11 'ONTIZA(,�1'01Z CONTRACTOR ;iMi VNGlf�FFE OWNFW vittri lc h ikiM if q ­ !0 �,rly:suc_ makcs an a*6ved 'claiin - therefor as jirov'ided, in without ca ise md.tviUiout paludicc-toY, ot her urrigh t.or Arti6les I I and E411 rcme�"of-_O'7 iIii-m­1nate,ifi :Agreem6it. [t such;,case. '2"( IZ shalb be paid ;(without MNE-RMayternin4m: �upbc�rn - 15..2, jjpoii, the OCCIfffimee'of b4 one of- norer of 1 thc 'following event- - i,f,CONrrRA(--70R.pefsist6t[y['.,iilstoperfbrm the Work in kc6idance"with the Ulfitffict Dodmiixnts; (including: but ricit'l6filted 16. failure to stipPlVlmifficiirif 'ikitled-w&ker, or suitable maiermlsor eiluipmerit or failurc io.'adliire. to"tho progress icbeaulc,666jished .under paragraph' 9, maajuae'�4 fro'111 tinne, to. it - im e puman(to piiriiiiaoh 6.§);, r5.2.1 if CONTRACTOR -disregards of Regu hat i6n% o f imy 6u.b.1 ic: i fig j or' isd i ei on; 15..7.3. if 0DfqTRACfQR,d*egqrqs the iiiiihority of 1S;!A, if CONTRA.CTOR-.6theiwise vi6lates in,;tniv :substa min I ,way any provisions- or.the ­Co.firralt :t Tlocurients' 32. WCLYC<3hNMAL for.ccilriplcted and 6666ptable W6rk executed iri;accordance,with the Contractl)6cumenm prior to` the eflecifv0dalb 6Pi4minatibri, including Fair and reasoniible sums: for overhEnd and `profit. profit on *wh 15,4.2., for expanses sustained prior to the effec;tive date ',of terriprinfion in, pc*ftbrring son'to-cs and hunishing,10or, ma I t . art I ol,, , o r e L , jp ni uient a - i,requi . red by ' Contract ocumenis . in 7cormccuoii� :with ,. . the,' -onurad 1D'"7 -' unconiplittid NV6&; ' pki'sliir andleas6riable'sturs for .Eiv�rliimd an�d pr6fn-orisuch .Exj>c v;qs 15 "43- lbr, all claims, 'ccists; losses and damages incu_n_,Vd-,`m sertle'nen-Cor-t erin­afc�d 'co'n'traj 'with _others, and I-SAA; for reasonable expenses directly afiiibutabli C619TRXCTOR�shall not be paid on account. of losviii qr�u I cipa',d pi6flisor ievcnue tit other 'ic6n6m'iC 1653_, anstrig out of or re9bltii@1oim`%'u6.h terminiti6n. COAPMICTOR Alaf Sfop FVui* ff.Te7ihind.le: MAltiou6h no act.& fiiiii1t ot'CONTRA(,,70P, the. Work is st4c - rided, for a period of more thim ruriu [y'JOIAWEk or, ttriLlff an &de_of ouch or,offier'public , -- -- " ­ ` - ­ - - - , ­ -Application " -- aothafity, of E�401NHFN faik1to-ad on uiy far Nvmtft 7,iffiim turfy dij4'after it •is -submitted oi, owAR fiiLs for thirty dit);iici oay (JO�LFMAIO.'OR airy 0 E 0 AkTICLE j6—D1SPLTtt IfES61AMION -ARTiclLE 17"hfWkLLANEOVS di*zg A , , lotise 17,1- Whenever any pruvisi6n of Jhe Contract Documiz is req foes the givirg i I w I nt ten n . otj I i;e, it Will'be, deemed to have,been v5fidly&in-if Mi4erc'd in pciyoh to fficindiv idol Oinpq ap5M.bei of the "- I. . r,,i:m,,or '1t6,ah.1crrioer or the orp6m ..n r,r®vhxnIt is.intinded:,orifdeliacd ator aenbyregjSte�cicertd L_Pkstage the lest busainsaS1n0,to the lpvcr,&f the notiec, ,171: 1;:tin;6dtftfi&h of Tiine.-, 17.11. %Vhm.any$criu&oNh6'is rofcrrcd to iin the' 'COTILfadDuctim-unts by Zlays, iu,6'Al be com-pu'tcd,_tu .�zZd6de'&Ifirst aid include th'�Ac oiAy"of such period . If the last- day -of a n I s . u I ch, . 'od'falls'.m a. Pen ic;I h6l , 5a. " t ly by the of the`app•6cbblejunsd ctiom, such Lby will E I.T,22' from;'&iiuk to thncxi i6iiahi will coristitute's, f4y.; . . fr - ejfqssiohal Fq.es_a.nO'Co.dr-1 Co.W.Indn"- 173, , Whzn!v,e? refeielice.e , is mad'to °claihis:, eosts, losses AM &makcs' it I shall . aticlude . i I it coeli- caw, but 1. riot be LirritM 16, all fees and cMrges ofengmeers, qitmiects� aftoirne'y' s"and other -professionals '-sn'd -all 'o'cuit 'or 1 7.&'The ja%vLo the State 8f ColLixdo ,apply to this A- qrqment. &[gren are as follorvs ,17.6.2. If a 616-iriv4s filed..MWER. is law (CRS 38126407) to withhold from all.pagnents to CONTRACTOR _,sufficient fu nds. to iiisiare the payment of"all cliiTfli r&1iibor, ffiaterials, t6rh hire, _qj- �th&.�zu lies used .or. can-mmed bv - CONTRACTOR.' or, his 33. 34 MODIMCAll.ONS (Rn'412100011 0 0 (thL�s p4c'1cft:hlaTl intentianallyj E b,w6k,.MAL,Cq NUMOr!kk9)"(19911 Etilim) W/aTYOFFORTOOLL IN'.SMOijl]Fli-AT16ils�Rfiv.16,oiloi I — —1— 11.1 1. . 0 ,35, 0 • LLI IifCAI ONIS(RLygn,000) "EXft1 T',CC-A to,denon, Conditions of'thc,Construction Contraet:. Wfiveen OWNER and. CONTRACTOR' DISPUTE RESOLUTION AGktk 1'FN-'-' OWNER and CONTRACTOR heiel y aerie lhrit, -article J6 of the let eral.Coriclitions of thetCmSu7tiction (!cniinct heiiween ,QWNRR "and { ON'fRAC,t'Uh is amended to p ific ' e'66 foltp vup 'ape em`entpf the rmrliest, • S. Notice. wnimp'with 'Aii eneati P epplioable5liituLeofliinitatioic: _ h1CDC 0ENHhhi. CON+'D11 ONS 191 D-S {i 99tl 9,161j,. eN.CiTS" 9F FORT CQl.l�j.5 \ipDLFLCAT(ONS.(1tF..;9+991 0 I4, . Gt�ept as'tiro4ldel in p*graph` I45'yelow; no,arfitifutian ansmg,out. of or -relating to tha Co'-" Documents shallinclude by wrLsuliiiahun joinder grin any, oiher.,man'ra51 — an}' other, person f, rnLty (incluoke E'NVIhTEFRENGII3&ER's Coittiuliant and theolTicefs. Jir'ectors agents, emrloyees or cor%yulL'tnts n( any of them) who is nofa'pariy,lo this contractuitless:• 16A.1. • ! g trtcl lion of sUch other,Person oY entity is necrssary'_U complete rehef s.{o bt affortled'emimm thcselvhoareolredJ}+pjru sto,thearbitrati r and 1642..Such other jvmn Or_enbt} ts.suhlstenttally involved in a question of leW or fact which !N common to those'ikho are attend}' Parties'. to the.arhirration and which will'9nsc iij rich procccdin -� and, 164.3. the written conscnt,'of`the- other. pcison or entih•, .ought to lie included and of •OWNRR and C{)N•fRA{',TOR has been obiained' for such inclusion;. which+consent-shall make specific refeience'to Lhis Paragraph; bui; nci: such oo'riserit 'site ll consiitute'cgnspnt Lo ubilrttion of any lisputc'noi speeifically.:.dcurihcd in such, cons nt nr .to arhnfation u nh any pony hot scificallientifednsucheonsent,y Ib G. "The at+•ird'rendered,by.the arbitrators will be final, judgment ma} bceritcrcd upon it in anypiwrt having' jurisdiction thati)(. and it ' will not ';lia subjgp ..,to mixlrfioationncEtpp�al • subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases • 7.2.4 Consent of Surety 0 0 E)6G'ENERUL C'01,I)MONS 191M (1990 E111110) 'w" rV gF FORT (;9PJM MQT?M"TTONs (KF-�'"Il • 40 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). E • SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Hot Applied Chipseal Overlay — 2013 Renewal CONTRACTOR: A-1 Chipseal Overlay PROJECT NUMBER: 7256 DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST (Assuming all change orders approved) $ 0.00 • ACCEPTED BY: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: cc: City Clerk Contractor Project File Architect Engineer Purchasing DATE: DATE: N• DATE: DATE: • • O O O c 0 U N U) • ,Ito o o w o 6 0 O 61) ta w (7 Q a �w(D'i,W mazZm z o jE o 2 zz w z z o 3 wo z � � m Q O W U 0 2 co a d (r co U CL a a a ¢ L ¢ 3 C 0 U N C 0 (Np C N 3 o u (0 0 N c co c O U C L a` O 0 N 3 0)3 m U L .L-. O U (6 ¢ N O N N Z U m p H Cc Um z Q c N en ( O Z U E a . 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O (0 O (0 0 C N U 64 <0aCL Q C O U N N N � J O -0 Q O E F > 7 0 Z H N aEi E a Z al — I . 2012 HOT APPLIED CHIP SEAL OVERLAY GENERAL REQUIREMENTS INDEX SECTION 01010 Summary of Work 01040 Coordination 01310 Construction Schedules 01410 Testing 01510 Temporary Utilities 01560 Temporary Controls 01700 Contract Closeout 01800 Method of Measurement and Basis of Payment PAGE NUMBERS General Requirements pages 1-3 General Requirements pages 4-5 General Requirements pages 6-7 General Requirements pages 8-9 General Requirements page 10 General Requirements page I I General Requirements page 12 General Requirements page 13