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HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - CONTRACT - BID - 7290 CRACK SEAL & FILL PROJECT 2012 (3)• • fins Financial Services Purchasing Division 215 N. Mason St. 2"" Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov. com/purchasing SPECIFICATIONS Um CONTRACT DOCUMENTS FOR CRACK SEAL & FILL PROJECT - 2014 RENEWAL BID NO. 7290 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS 6.3. CONTRACTOR has obtained and carefully studied (or assumes • responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, • examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: SECTION 01340 SUBMITTALS 1.1 GENERAL A. Submit Shop Drawings, Samples, and other submittals as required by individual specification sections. 1. Project Engineer will not accept submittals from anyone but the Contractor. B. Schedule: Reference Section 0 13 10, Construction Schedules. Submittals received by Engineer prior to the time set forth in the approved schedule will be reviewed at any time convenient to Engineer before the time required by the schedule. C. Any need for more than one re -submission, or any other delay in obtaining Engineer's review of submittals, will not entitle Contractor to extension of the Contract Time unless delay of the Work is directly caused by failure of Engineer to return any scheduled submittal within 10 days after receipt in his office of all information required for review of the submittals or for any other reason which prevents Engineers timely review. Failure of Contractor to coordinate submittals that must be reviewed together will not entitle Contractor to an extension of Contract Time or an increase in Contract Price. D. Resubmit for review a correct submittal if errors are discovered during manufacture or fabrication. E. Review status designations listed on Project Engineer's submittal review stamp are defined as follows: 1. NO EXCEPTION TAKEN: Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work. Contractor is to proceed with fabrication or procurement of the items and with related work. Copies of the submittal are to be transmitted for final distribution. • 2. REVISE AS NOTED Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work in accordance with Project Engineers notations. Contractor is to proceed with the Work in accordance with Project Engineer's notations and is to submit a revised submittal responsive to notations marked on the returned submittal or written in the letter of transmittal. 3. REJECTED Signifies material or equipment represented by the submittal does not conform with the design concept or comply with the information given in the Contract Documents and is not acceptable for use in the Work. Contractor is to submit submittals responsive to the Contract Documents. 4. FOR REFERENCE ONLY Signifies submittals which are for supplementary information only; pamphlets, general information sheets; catalog cuts, standard sheets, bulletins and similar data, all of which are useful to Owner in design, operation, or maintenance, but which by their nature do not constitute a basis for determining that items represented thereby conform with the design concept or comply with the information given in the Contract Documents. Engineer reviews such submittals for general information but not for substance. 1.3 SUBMISSION REQUIREMENTS A. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Minimum number required: 1. Three (3) copies minimum, two (2) copies which will be retained by Project Engineer. General Requirements - Page 8 of 16 SECTION 01340 SUBMITTALS 1.4 RE -SUBMISSION REQUIREMENTS A. Make corrections or changes required by Project Engineer and resubmit until accepted. B. In writing call Project Engineer's attention to deviations that the submittal may have from the Contract Documents. C. In writing, call specific attention to revisions other than those called for by Project Engineer on previous submissions. END OF SECTION • • General Requirements -,Page 9 of 16 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. The contractor and sub -contractors shall have visible company names on all vehicles that enter the work zone. C. 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. D. 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). E. 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: I. Soil tests, except those called for under Submittals thereof. 2. Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner. • 1.3 CONTRACTOR'S RESPONSIBILITIES A. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible for and shall pay all costs in connection with testing required for the following: 1. All performance and field testing specifically called for by the specifications. 2. All retesting for Work or materials found defective or unsatisfactory, including tests covered under 1.2 above. 3. All minimum call out charges or stand by time charges from the tester due to the Contractors failure to pave or fill on schedule for any reason except by action of the Engineer. B. Contractor shall notify the Engineer 48 hours prior to performing an operation that would require testing. 1.4 CONTRACTOR'S QUALITY CONTROL SYSTEM A. General: The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of Work, including that of their subcontractors, to ensure conformance to the functional performance of this project. This control shall be established for all construction except where the Contract Documents provide for specific compliance tests by testing laboratories or engineers employed by the Owner. The Contractors' control system shall specifically include all testing required by the various sections of these Specifications. General Requirements - Page 10 of 16 SECTION 01410 TESTING • B. Superintendence: The Contractor shall employ a full time Superintendent to monitor and coordinate all facets of the Work. The Superintendent shall have adequate experience to perform the duties of Superintendent. C. Contractor's quality control system is the means by which he assures himself/herself that the construction complies with the requirements of the Contract Documents. Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction schedule. D. Records: Maintain correct records on an appropriate form for all inspections and tests performed, instructions received from the 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 • • General Requirements - Page 1 I of 16 SECTION 01510 TEMPORARY UTILITIES • 1.1 UTILITIES • 11 A. Furnish all utilities necessary for construction. B. Make arrangements with Owner as to the amount of water required and time when water will be needed. 1. Meters may be obtained through the Water Utility Meter Shop at 221-6759 2. Unnecessary waste of water will not be tolerated. C. Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor. 1.2 - SANITARY FACILITIES A. Furnish temporary sanitary facilities at each site for the needs of construction workers and others performing work or furnishing services on the Project. B. Properly maintain sanitary facilities of reasonable capacity throughout construction periods. C. Enforce the use of such sanitary facilities by all personnel at the site. D. Obscure from public view to the greatest practical extent. END OF SECTION General Requirements - Page 12 of 16 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. Review the requirements of Section 108. 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. Startup of the hot pot shall be in accordance with Section 108. 1.2 DUST CONTROL A. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing material. The Contractor shall be respectful to pedestrians and bicyclist when sweeping road surfaces. The Contractor shall cease operation till the citizen has cleared the area. B. 'Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist with water or by application of a chemical dust suppressant. I. Chemical dust suppressant shall not be injurious to existing or future vegetation. 1.3 POLLUTION CONTROL A. Prevent the pollution of drains and water courses by sanitary wastes, concrete, sediment, debris and other substances resulting from construction activities. I. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site. • 2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts. 1.4 EROSION CONTROL A. Take such measures as are necessary to prevent erosion of soil that might result from construction activities. Measures in general will include: a. Control of runoff. b. Trapping of sediment. c. Minimizing area and duration of soil exposure. d. Temporary materials such as hay bales, sand bags, plastic sheets, riprap or culverts to prevent the erosion of banks and beds of watercourses or drainage swales where runoff will be increased due to construction activities. B. Preserve natural vegetation to greatest extent possible. C. Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion. D. Comply with the City of Fort Collins' Storm Drainage and Erosion Control Manual (latest edition). 0 General Requirements - Page 13 of 16 11 • SECTION 01560 TEMPORARY CONTROLS 1.5 TRAFFIC CONTROL A. Maintain traffic control in accordance with the latest revisions of the "Manual of Uniform Traffic Control Devices" (MUTCD), the City of Fort Collins "Work Area Traffic Control Handbook," and the "Larimer County Urban Area Street Standards." In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. 1.6 PARKED VEHICLES Refer to Revision of Section 104 for issues related to parked vehicles. END OF SECTION General Requirements - Page 14 of 16 SECTION 01700 CONTRACT CLOSEOUT 1.1 CLEANING AND RESTORATION A. Return the premises and adjacent properties to conditions existing or better than existing at the time the work was begun. This will include providing labor, equipment and materials for cleaning, repairing and replacing facilities damaged or soiled during construction. The Engineer will be thejudge of the degree of restoration required. 1.2 PROJECT RECORD DOCUMENTS A. Maintain on the job site, and make available to the Engineer upon request records, photographs, and written descriptions of said work as may be required by the Engineer. Documents shall be submitted prior to project acceptance. END OF SECTION • • General Requirements - Page 15 of 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 including traffic control. 1.2 BID PRICE A. The Total Bid Price covers all Work required by the Contract Documents. All work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included in the prices bid for the various items of Work. B. Prices shall include all costs in connection with the proper and successful completion of the Work, including furnishing all materials, equipment, tools, and traffic control personnel and equipment; and perforating all labor and supervision to fully complete the work. C. Unit prices shall govern over extensions of sums. Refer to the "Project Specifications" documents to define payment items. 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 famished and the estimated amount thereof. • END OF SECTION General Requirements - Page 16 of 16 SECTION 02000 PROJECT SPECIFICATIONS The Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (latest • revision), and the current Latimer County "Urban Area Street Standards", (hereafter referred to as the "Standard Specifications" or "LCUASS") are made a part of this Contract by this reference, except as revised herein, and are hereby adopted as the minimum Standard Specifications of Compliance for this project. In those instances where the Standard Specifications conflict with any of the provisions of the preceding Sections, the preceding Sections shall govern. INDEX OF REVISIONS SECTION 104 Traffic and Parking Control 105 Control of Work 108 Prosecution and Progress 208 Erosion Control 408 Crack Sealant & Crack Filler 627 Pavement Marking 630 Construction Zone Traffic Control • • Project Specifications- Page I of 22 a 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings,consisting of a cover sheet and sheets numbered as follows: None The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4„;Addenda Numbers 1 to 1, inclusive. B. 7.5�The•.Gbnratract Documents also include all written amendments and other dociimenEs-amending:modifying, or supplementing the Contract Documents pursuan4t I'll � ,graphs 3.5 and 3.6 of the General Conditions. °�'�a. F 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. 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 be revised to 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". "NO PARKING" Signs shall be placed at a minimum of 100 foot intervals. The placement of these signs shall take place at least 24 hours prior to the commencement of work and shall clearly state the type of work, date and times that the sign is in effect. (For example, if a street is to be crack sealed on Wednesday, September 6, the street shall be posted no later than Tuesday, September 5, by 7:00 a.m. with a sign that reads similar to "NO PARKING, WEDNESDAY, JULY 2, 7:00 A.M. TO 6:00 P.M., CRACK SEALING.) See sample "NO PARKING" sign. "NO PARKING" signs shall remain in place until the street is opened to traffic after all clean-up operations have been completed. All information on the "NO PARKING" signs, with the exception of the type of work, date and times shall be in block letters permanently affixed to the sign. Any information added to a sign, such as dates, shall be clearly legible and written in block style letters. The "NO PARKING" signs shall be in effect for one or two days only. In the event the Contractor deems it necessary to remove a vehicle that has not adhered to the "NO PARKING" notification, the Contractor shall first make every reasonable effort to locate and contact the owner of the vehicle. Should the Contractor be unable to locate the owner of the vehicle, the Contractor should notify the Engineer to arrange for any required 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. The Contractor shall have an approved Traffic Control Plan on site at all times. Traffic control signage on the construction site shall be set up in accordance with the approved traffic control plan and in accordance with the specifications. 11 Work performed by.the Contractor without an approved traffic control plan or when "No Parking" signs have not been placed as required by the specifications shall not be paid. The Contractor shall also be subject to a pay deduction of up to $1,000.00 per occurrence per day for traffic control not in compliance with referenced specifications or requirements contained herein. Issues subject to deductions may include but are not limited to: Traffic Control Supervisor not on the project site at all times (unless pre -approved by the Engineer) An approved traffic control plan not on site Traffic control device set up by flagging personnel unless assisting the Traffic Control Supervisor Traffic control signage not set up in accordance with the approved traffic control plans Inadequate flagging and/or flagging equipment The Engineer shall issue a written warning to the Contractor, subcontractor, and/or Traffic Control Supervisor documenting the type of violation and the Engineer shall determine the deduction amount based on the Engineers' opinion of the infraction severity and the number of previous infractions. Upon issuance of the third violation, the Engineer may request removal from the project of the subcontractor providing traffic control and/or the Contractors Traffic Control Supervisor and flagging personnel. Removal from the project in which the violations were issued shall be in effect for the remainder of the year. The contractor shall find a replacement Traffic Control subcontractor within two weeks of the third notice without a price adjustment or the Contract may be terminated and rebid. Project Specifications- Page 2 of 22 REVISION OF SECTION 104 TRAFFIC AND PARKING CONTROL . 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 upcoming traffic control devices including "NO PARKING" signs. The quantity of traffic control devices used that day and for the next day shall be agreed upon by the Contractor and the 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. It is the responsibility of the Contractor to minimize any inconvenience to the public as a result of their work. The Contractor shall maintain access at all times to all businesses within the project and shall communicate their schedule 48 hours prior to work, to all businesses and residents effected by their work. Any changes in the traffic control as directed by the Engineer, including additional signs, barricades, and/or flaggers needed in the field shall be immediately implemented. Traffic Control costs including but not limited to furnishing devices/equipment, set up/removal/modification, TCS and Flagging personnel, vehicles, phones, notification delivery, hand signs, communication devices, sandbags, and all related incidental items required for traffic control under this contract shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work. No measurement or payment shall be made separately for traffic control related items as specified in the specifications or as directed by the Engineer excluding Variable Message Boards, Advance Warning Panel, and Additional Flagging Personnel. See Revision of Section 630. • Project Specifications- Page 3 of 22 • REVISION OF SECTION 104 TRAFFIC AND PARKING CONTROL NO PARKING Wed SEPT 6 7:OO AM-6:OO PM CRACK SEALING END OF SECTION Project Specifications- Page 4 of 22 REVISION OF SECTION 105 CONTROL OF WORK Section 105 of the Standard Specifications is hereby revised as follows: PLANS, SHOP DRAWINGS, WORKING DRAWINGS, OTHER SUBMITTALS, AND CONSTRUCTION DRAWINGS Subsection 105.02 shall be revised to include the following: The Contractor shall furnish the required submittals in TABLE 105-1 before the commencement of work. Three (3) copies shall be furnished to the Engineer, two (2) copies will be returned to the Contractor upon approval. Submittals shall not be measured and paid for separately but shall be included in the work. TABLE 105-1 SUMMARY OF CONTRACTOR SUBMITTALS Section No. Description Approval Needed Reoccurring 108.03 Schedule of Work - Yes .:.Yes 208.06 iS ill Kit List of items included 6 Yes........No 408.02 'CrackSealant/Crack Filler Certificate •of uii liance Yes ::. No. 408.02 NISDS`Sheets(. Yes' No 408.04, CraekSealant/Crack Filler Measurement Plan. Yes -: :, No 630a0 "Traffic Control Plan - ". Yes < `Yes - 630:11 TCS Qualifications reoccurs when TCS and flaggers thane Yes No 636.11 Reside Notification Letter Yes Yes COOPERATION BY CONTRACTOR Subsection 105.10 shall be revised to include the following: The City's commitment to our Environmental Management System (EMS) requires that vehicles on City projects shall comply with the adoption of a "Limitation on Engine Idling" policy designed to reduce environmental impacts related to construction. Please comply with turning off vehicles instead of idling for long periods of time (more than three minutes, as a general rule). COOPERATION BETWEEN CONTRACTORS Subsection 105.12 shall be revised to include the following: City Utilities, Parks, Traffic, Streets, concrete and utility contractors may perform work related to the project within or near the limits of the projects. The Contractor shall conduct the Work without interfering or hindering the progress or completion of the work being performed by other contractors. The Contractor shall coordinate extensively with these entities to minimize traffic control and scheduling conflicts, and ensure timely completion of all the work. INSPECTION AND TESTING OF WORK Subsection 105.16 shall be revised to include the following: The Contractor shall keep the Engineer informed of his future construction operations to facilitate scheduling of required inspection, measuring for pay quantities, and sampling. The Contractor shall notify the Engineer a minimum of 24 hours in advance of starting any construction operation that will require inspection, measuring for pay quantities, or sampling. Failure of the Contractor to provide such notice will relieve the Owner and the Engineer from any responsibility for additional costs or delays caused by such failure. • L� Project Specifications- Page 5 of 22 REVISION OF SECTION 105 CONTROL OF WORK 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 be revised to include the following: Concrete areas, including curb, gutter, driveways, and sidewalk adjacent to and through the construction area shall be cleaned of debris generated by the Contractor at the earliest opportunity, but in no case shall the area not be cleaned after the completion of the day's work. Large debris (greater than one (1) inch) shall be picked up and disposed of offsite. Smaller particulate debris shall be blown from the sidewalks, driveways, curb, and gutter into the street where it can be picked up by the sweeper without transmitting debri back on sidewalk areas. It shall be the Contractors responsibility to provide the necessary manpower and equipment to satisfactorily clean the roadway area at no extra cost. The Contractor shall utilize a combination of pick-up brooms, side brooms and/or other equipment as needed to clean the streets before leaving a project area and at least once a week prior to the weekend. The requirement to sweep the streets shall be suspended during the leaf fall period between September 12" and November 12" unless directed by the Engineer for areas with minimal leaf fall. All sweeping and clean up equipment shall be approved by the Engineer prior to the commencement of work. The Contractor shall maintain the streets during the construction process as prescribed above. • If a street requires additional sweeping by City forces, the Owner shall deduct from compensation due the Contractor, sufficient funds to cover the Owner's cost to provide said service. All cost of maintaining the work during construction and before the project is accepted shall not be paid for separately, but shall be included in the work including all required traffic control devices, personnel, and related traffic control incidentals. END OF SECTION Project Specifications- Page 6 of 22 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised as follows: SCHEDULE Subsection 108.03 shall be revised to include the following: A schedule of work must be submitted prior to starting work and shall contain the number of working days per area to complete all unit work items covered by the contract. Vicinity maps of the areas are included in Section 03500, Project Maps. The schedule should take any priorities into consideration. The schedule should also include projected start and end dates. Prior to award, mutually acceptable milestones shall be determined by the Contractor and the City based on the schedule of working days discussed above. LIMITATION OF OPERATIONS Subsection 108.05 shall be revised to include the following: The work shall be completed within the following calendar months: JAN FEB MAR I APR I MAY JUN JUL AUG SEPT OCT NOV DEC DETERMINATION AND EXTENSION OF TIME Subsection 108.08 shall be revised to include the following: Residential and Collector work hours shall be 7:00 a.m. to 6:00 p.m., Monday through Friday, or as approved by the Engineer. Arterial road work hours shall be restricted from 8:30 a.m. to 3:30 p.m., or as approved by the Engineer. Preparatory work such as heating equipment and material, cleaning equipment and tools, and/or incidental preparation for the days work shall be done at the Contractors yard/shop, the Streets Department yard/shop, or in a private area the Contractor has pre -arranged for use as approved by the Engineer. Contract working days shall be one hundred sixty (160) days after work commences. The City of Fort Collins reserves the right to add or delete work as necessary. The City will prioritize the order in which the work will be completed. The Contractor shall mobilize to the area within ten (10) working days of Notice to Proceed or after receiving notification of accessibility of work area. FAILURE TO COMPLETE WORK ON TIME Subsection 108.09 shall be revised to include the following: Failure to meet the agreed upon milestones, mobilize to an area within the days specified in Section 108, or fully complete the project within one hundred sixty (I60) working days, shall result in liquidated damages assessed against the Contractor. 0 • 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 7 of 22 REVISION OF SECTION 208 EROSION CONTROL Section 208 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 208.01 shall be revised to include the following: This work shall consist of providing appropriate and adequate spill prevention measures during the installation of the crack sealant and crack filler materials. Work shall be in accordance with the 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 due to spill related events shall be the sole responsibility of the Contractor. Any damage to surrounding properties or facilities during a spill event, either on site or off site, which occurs during the course of the project, shall be the sole responsibility of the Contractor. CONSTRUCTION REQUIREMENTS Subsection 208.03 shall be revised to include the following: It shall be the Contractors responsibility to ensure that all sidewalks, driveways, curbs, and gutters adjacent to the project shall be clean of construction debris at the end of each working day. Upon leaving the project site(s) the Contractor shall sweep the streets and pick up debris. blown into the streets. Contractor shall monitor sweeping operations to ensure that brooms are not kicking debris back onto the sidewalks, driveways, curbs, and gutters. 9 Subsection 208.06 shall be revised to include the following: 0 An appropriate Spill Kit shall be on site with each piece of equipment at all times during the installation of the work. The Contractor shall submit a description of the items contained in each Spill Kit and items shall be approved by the Engineer. METHOD OF MEASUREMENT Subsection 208.11 shall be revised to include the following: All costs associated with materials, cleanup, and spill protection shall not be measured or paid for separately, but shall be considered incidental to the Work. BASIS OF PAYMENT Subsection 208.12 shall be revised to include the following: All related costs shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work and no measurement or payment shall be made separately for material, cleanup, personnel, and related incidental items as specified in these specifications, and as directed by the Engineer. END OF SECTION Project Specifications- Page 8 of 22 REVISION OF SECTION 408 CRACK SEALANT & CRACK FILLER Section 408 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 408.01 shall be revised to include the following: This work shall include furnishing and placing an approved hot poured joint or crack sealant in properly prepared cracks in asphalt pavement. The work shall conform to the latest revisions of the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction, the City of Fort Collins Work Area Traffic Control Handbook, and the Larimer County Urban Area Street Standards (LCUASS). MATERIALS Subsection 408.02 shall be revised to include the following: Crack Sealant: material shall be hot poured, polymer modified asphalt crack and concrete joint sealant meeting the requirements of CDOT Section 408.02, or a similar approved equivalent, and shall conform to the following requirements: CRACK SEALANT Cone Penetration: 770 F 250C , ASTM D5 30-50 Flow: P 1400E 600C , ASTM D 5329 3 min max. Resilience: @ 770E 250C , ASTM D 5329 40 - 55% Softening Point: ASTM D36 2050F min. Flexibility: 2 Sec. I" Mandrel -100F no cracks Ductility: 770E 250C , ASTM D5329 50 cm min. A certificate of compliance shall be submitted prior to construction Crack Filler: material shall be CRACK FILL hot -applied polymer modified asphalt mixed with engineered aggregate or a similar approved equivalent, and shall conform to the following requirements: CRACK FILL- B Binder Specification: Flexibility: 2 Sec. I" Mandrel -15 min. -6.1°C Resilience: n 77°F 26°C . ASTM D5329 35%min. Tensile Adhesion: ASTM D5329 500%min. Aggregate Specification'. Specific Gravity 1.5 Minimum 10% pores —Porosity Sheer Strength Minimum 30% A certificate of compliance shall be submitted prior to construction 0 Project Specifications- Page 9 of22 0 REVISION OF SECTION 408 CRACK SEALANT & CRACK FILLER CONSTRUCTION REQUIREMENTS Subsection 408.03 shall be revised to include the following: The Contractor shall submit the necessary Material Safety and Data Sheets (MSDS) per Table 105-1, Summary of Contractor Submittals, when providing material for the project, prior to commencement of work. In general, cracks that range from greater than 1/8" to 1" wide shall be sealed with crack sealant (CRACK SEALANT); cracks greater than 1" and/or cupped, as determined by Engineer, shall be filled with crack filler (CRACK FILL). The Engineer shall determine and mark the locations for the type of product installed at each location. A hot compressed air lance shall be used at all times. Crack widths of greater than 1/8" or larger shall be thoroughly cleaned to a depth of approximately twice the crack width. Direct flame dryers shall not be allowed. Drying and heating prior to installation of the crack seal material shall be completed in such a manner not to damage the existing bituminous surface. Care shall be taken to protect vehicles, pedestrians, and all property which may become damaged from the cleaning and installation process. Joints between the asphalt roadway and concrete curbs, gutters, cross pans, aprons and drainage structures shall be sealed. Air and pavement temperatures shall be at least 20 'F and rising but no more than 75 `F, or as directed by Engineer. The Contactor may be restricted from installation on arterial and collector roads due to the presence of salts on the road. Sealant shall be heated and applied per the manufacturer's recommendations. Using a mixture of different brands and types of sealant is prohibited. When melted and properly applied (not exceeding manufacturers recommended temperature restrictions) the crack sealant will form a resilient and adhesive compound which will effectively seal cracks in asphalt pavements. Any material that ravels or can be pulled out by hand after placement shall not be accepted. The sealant shall be leveled off and brought flush with the surface of the existing roadway by squeegee, wand shoe, or approved alternate equipment. The material shall be centered over the crack and typically, the band width of the crack seal installation shall not exceed three inches in width. The Contractor shall be responsible for their quality control to ensure that all crack sealing material is flush with the existing surface before leaving the site. In the event that the crack sealing material sinks into the crack after the first application, the Contractor shall re -apply additional material to make flush with existing surface. Each days work shall be scheduled to allow all open joints and cracks to be sealed before the end of the workday. Should inclement weather preclude this effort, joints and cracks shall be re -cleaned before sealing. The Contractor shall blow clean and sweep all sidewalks, driveways, gutters, and streets adjacent to the work area after completion of installation. See Revision of Section 105, Maintenance During Construction. Noise Control: See section 01560 or as directed by the Engineer. METHOD OF MEASUREMENT Subsection 408.04 shall be revised to include the following: The accepted quantities of crack sealant and crack filler shall be paid for at the contract unit price per pound under Bid Schedule 1 or the Alternate Bid Schedule 2. POUNDS PLACED SHALL BE DETERMINED BASED ON WEIGHT STICKERS FROM THE PALLETS OF CRACK SEALANT OR CRACK FILL MATERIAL PLACED. The Contractor shall collect these stickers and return them to the Engineer. The City will conduct random checks of application rate in projects to confirm applied quantities. If the equipment is scheduled to leave the City Project Specifications- Page 10 of 22 REVISION OF SECTION 408 CRACK SEALANT & CRACK FILLER site, the Contractor shall provide daily quantities which both parties shall agree to on a daily basis. The City reserves the right to use the Alternate Bid Schedule 2 which excludes the crack sealant and crack filler material. The Contractor shall arrange to pick up the material from the Fort Collins Streets Department, 625 Ninth Street. The Engineer shall be present at the time of material pick up. The Contractor shall be responsible for notifying the Engineer when re -ordering material is required. The City of Fort Collins may provide an enclosed equipment and material storage area for the duration of the Work to facilitate completion of the project under Bid Schedule 1. Traffic control shall be a subsidiary obligation to the Work under Bid Schedule I and the Alternate Bid Schedule 2 and shall not be paid for separately, excluding Variable Message Boards, Advance Warning Panel, and Additional Flagging Personnel. The Contractor shall provide adequate pedestrian and traffic control devices during the work to protect the public. The Contractor shall include any and all devices, flagging, signs, and incidentals as part of the line item unit pricing. BASIS OF PAYMENT Subsection 408.05 shall be revised to include the following: Payment shall be made under: Pay Item Unit 408.01 CRACK SEALANT Crack Sealant (Arterial) LBS 408.02 CRACK SEALANT Crack Sealant (Collector) LBS • 408.03 CRACK SEALANT Crack Sealant (Residential) LBS 408.04 CRACK FILL Crack Filler (Arterial) LBS 408.05 CRACK FILL Crack Filler (Collector) LBS 408.06 CRACK FILL Crack Filler (Residential) LBS The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and all required traffic control devices, personnel and related traffic control incidentals and for all the Work involved in installing crack sealant and crack filler, as specified in these specifications, and as directed by the Engineer. Prices and payments made under Alternate Bid Schedule 2 shall include full compensation for furnishing all labor, tools, equipment, and all required traffic control devices, personnel and related traffic control incidentals and for all the Work involved in installing crack sealant and crack filler, as specified in these specifications, and as directed by the Engineer. CRACK SEAL AND CRACK FILL MATERIAL SHALL BE EXCLUDED FROM ALTERNATE BID SCHEDULE 2 AND SHALL BE SUPPLIED BY THE CITY. END OF SECTION Project Specifications- Page I 1 of 22 OWNER• ITY OF FORT COLLINS By: GERRY P L DIRECTOR OF PURCHASING AND RISK MANAGEMENT Title: ALh `i f�`� Lis 1, Attest: C Address for giving notic P. O. Box 580 Fort Collins, CO 80522 Appr ved as to orm G Assis nt City Attorney 61 CONTRACTOR: Vogel Concrete Inc. Title: pzzl.y_f License No.: u is REVISION OF SECTION 627 PAVEMENT MARKING • Subsection 627 shall be revised to include the following: DESCRIPTION Subsection 627.01 shall be revised to include the following: This work shall consist of furnishing, installing, and removing temporary pavement markings in accordance with the latest revisions of the City of 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 Standard Specifications for Road and Bridge Construction, and The Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) and in conformity to the lines, dimensions, locations, and details shown on the plans or as established by the Engineer. CONSTRUCTION REQUIREMENTS Subsection 627.03 shall be revised to include the following: Permanent pavement markings shall be installed by the City of Fort Collins. Temporary pavement markings/delineation of lanes may include temporary tape, tabs, or vertical panels as required by the Engineer and shall be installed by the Contractor. PAVEMENT MARKINGS/DELINEATION OF LANES Subsection 627.10 shall be revised to include the following: Temporary pavement markings shall be suitable for use on asphalt cement or Portland cement concrete • pavements, shall be installed and removed by the Contractor, and shall conform as follows: I. The surface shall be clean, dry, and free of dirt, oils, and grease. The tape/tab shall be pressed down until it adheres properly and conforms to the surface. 2. All roads shall have temporary pavement markings before they are opened to traffic unless the City Stripping Crew has been scheduled to install permanent pavement markings prior to opening the road to traffic. 3 Markings applied to the final surface shall not leave a scar that may 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/delineation of lanes shall be required for all lane lines. a. Lane lines shall be "tapped" intermittently with a 2' long by 4" wide reflective temporary strip at 50' intervals. b. Stop bars shall be "tapped" to, a minimum width of 12". Stop bars shall NOT be required at signalized intersections. Contractor may be required to provide additional signage (i.e. Stop Sign Ahead, Stop Here On Red, etc.); `Stop Here On Red" signs SHALL be required at signalized intersections. c. It is the Contractor's responsibility to notify the Engineer prior to completion of work to allow scheduling of the permanent pavement markings to be installed by City crews. • 6. Removable pavement markings shall be installed in accordance with the manufacturer's recommendations and maintained by the Contractor until permanent pavement markings are installed by City crews. Project Specifications- Page 12 of22 REVISION OF SECTION 627 PAVEMENT MARKING 7. Temporary edge lines are not typically required when curb and gutter is adjacent to the road. Temporary • edge lines shall be required when there is no curb and gutter adjacent to the road. 8. All tape/delineation shall be removed by the Contractor after permanent markings have been completed by City Crews. METHOD OF MEASUREMENT Subsection 627.12 shall be revised to include the following: All costs associated for materials, installation, removal, and maintenance of temporary pavement marking/delineation will not be measured or paid for separately, but shall be considered incidental to the Work. BASIS OF PAYMENT Subsection 627.13 shall be revised to include the following: All costs for installing and removing temporary stripping/delineation of lanes shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work and no measurement or payment shall be made separately for the material, installation, removal, and maintenance of temporary stripping/delineation of lanes including all required traffic control devices, personnel, and related traffic control incidentals, as specified in these specifications, and as directed by the Engineer. END OF SECTION • 0 Project Specifications- Page 13 of 22 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL • Section 630 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 630.01 shall be revised to 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 boards, variable message boards, barricades, channelizing devices, and delineators as required by the latest revisions of the City of Fort Collins Work Area Traffic Control Handbook, the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), the Latimer County Urban Area Street Standards (LCUASS), and the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction. In the event of a conflict between the MUTCD and the City's criteria, the Cite of Fart Collins specifications shall govern. MATERIALS Subsection 630.02 shall be. revised to include the following: All traffic control devices placed for the project must meet or exceed the minimum standards set forth in The City of Fort Collins Work Area Traffic Control Handbook and the MUTCD. All traffic control devices shall be clean and in good operating condition when delivered and shall be maintained in that manner on a daily basis. All traffic control devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (i.e. crossed out information, information written in long -hand style, etc.) • Additionally, any sign blank with sign faces on both sides must have the back sign face covered when in use to avoid confusion to motorists traveling in the opposite direction and other potentially affected parties, such as residents affected by information the sign may present. CONSTRUCTION REQUIREMENTS Subsection 630.10 shall be revised to include the following: CONTRACTOR RESPONSIBILITY The Contractor shall be responsible for ensuring safe passage through the work zone for vehicles, pedestrians and bicycles. The Contractor may be required to use Variable Message Boards to advise road users about upcoming work on arterial streets as required by Traffic Operations through the approved traffic control plan. When required, the Engineer will issue direction for the number of boards, general locations for placement, and message verbiage. 1. Two-way traffic shall be maintained at all times unless approved by the Engineer. Lane width shall be maintained at a minimum often (10) feet. . 2. The Contractor will provide 24 hour minimum notice to the City of Fort Collins Traffic Department when project operations will be near a signalized intersection. TRAFFIC CONTROL PLAN - GENERAL HAND DRAWN PLANS SHALL NOT BE ACCEPTED. • Traffic control through the construction area is the responsibility of the Contractor. Project Specifications- Page 14 of 22 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL When a device is not in use, the Contractor shall remove it from the project for the period it is not needed. • Devices temporarily not in use shall, at a minimum, be removed from the area. Moving will include devices removed from the project and later returned to use. Traffic control devices may be placed and/or stored in the City right-of-way in such a manner that minimizes the hazards to pedestrians, bicyclists and vehicles. Traffic control devices shall be removed from the site immediately upon completion of the work for any street(s). In the event there is a safety issue, the Engineer may issue a "Stop Work Order" until the issue(s) is corrected. The Contractor shall not be entitled to any additional compensation for delays associated with the "Stop Work Order". Approved traffic control plans shall be available on site at all times. See Revision of Section 104. TRAFFIC CONTROL PLAN - PROJECT Traffic control plans shall be submitted for all work locations prior to commencement of any work. Plans shall be submitted along with the City of Fort Collins Traffic Approval Forms. 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). HAND DRAWN PLANS SHALL NOT BE ACCEPTED. Typical Traffic Control Plans for work within the right-of-way shall be submitted for approval to the Engineer as follows: Typical submittals for scheduled residential work shall be submitted 2 working days prior to • commencement of the work. Submittals for full closures on residential streets shall be submitted one (1) week prior to the commencement of work. Submittals for full closures on arterial and collector streets shall be submitted two (2) weeks 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. No phase of the construction shall start until the Traffic Control Plan has been approved. Failure to have an approved Traffic Control Plan shall constitute cause for the City to stop work and the Owner may deduct from Contractors' compensation $1,000.00 per ocurrence per day for said condition, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. The Traffic Control Plan shall include, as a minimum, the following: 1. A detailed diagram which shows the location of all sign placement, including advance construction signs and speed limit signs; method, length and time duration for lane closures, and location of flag persons. Hand drawn plans shall not be accepted. 2. A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to: construction signs; vertical panel; vertical panel with light; Type 1, Type II, and Type III barricades; cones; drum channelizing devices; advance warning flashing or sequencing arrow panel. Certain traffic control devices may be used for more than one operation or phase. However, all devices required for any particular phase must be detailed and tabulated for each phase. Project Specifications- Page 15 of 22 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL • 3. Number of flaggers to be used. 4. Parking Restrictions to be in affect. Approval of the proposed method of handling traffic does not relieve the Contractor of liability specifically assigned to him under this contract. TRAFFIC CONTROL MANAGEMENT Subsection 630.11 shall be revised as follows: The Contractor shall designate an individual, other than the superintendent, to be the Traffic Control Supervisor. Traffic Control Management shall be performed by a Traffic Control Supervisor (TCS). The TCS(s) shall possess a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control Supervisor or Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor. Proof of certification for each TCS utilized on the project(s) shall be provided to the City Traffic Control Department and the Engineer. The TCS shall have a minimum of one year experience as a certified TCS. Qualifications shall be submitted to the Engineer for approval a minimum of one (1) week prior to commencement of the work. Tile TCS shall be required to be on site at all times during construction. It is the intent of the specifications that the TCS be the same throughout the year. The TCS shall be equipped with a cellular phone. 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 shall not be limited to: 1. Supervise and direct project flaggers. 2. Prepare, revise, and submit Traffic Control Plans as required. 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, 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 nagger and shall be hand typed and hand delivered to all businesses and residents. 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 breaks 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 MITT 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 Project Specifications- Page 16 of 22 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Notification of residents and businesses shall be the responsibility of the TCS or TCS Representative and shall • consist of distributing notifications indicating the nature of the work to be completed, any special instructions to the residents (i.e. limits on lawn watering during the Work), the dates and times of the work, and the parking and access restrictions that shall apply. Sample notifications shall be submitted to the Engineer for review prior to starting the project. Notification letters or door hangers shall include a local phone number residents with questions may use to contact the Contractor and a link to the City of Fort Collins Street Department where citizens may find additional information and project updates at "www.fceov.com/streets". Only approved notifications shall be distributed a minimum of 48 hours prior to the commencement of each phase of the Work. Traffic Control plans shall be submitted for approval prior to commencement of any work. Traffic control conditions vary significantly in the field and the Contractor is responsible for submitting traffic control plans for each work location. Minimum traffic control requirements for Arterial, Collector, and Residential streets are contained herein. Traffic control management shall be maintained on a 24 hour per day basis. The Contractor shall make arrangements so that the Traffic Control Supervisor or their approved representative will be available on every working day, "on call" at all times, and available upon request of the Engineer during non- working hours. A 24-hour telephone number shall be provided to the Engineer. All traffic control devices and traffic control management shall be placed under the supervision of a Traffic Control Supervisor. The Traffic Control Supervisor shall have current copies of the City of Fort Collins' "Work Area Traffic Control Handbook", and Part VI of the MUTCD, pertaining to traffic control for street and highway construction, available at all times. • METHOD OF MEASUREMENT Subsection 630.15 shall be revised as follows: The Traffic Control Supervisor, Flaggers necessary for the road classification, control of cross traffic, and the Contractor's daily work activities, including hand signs such as Stop/Slow paddles, and all devices/equipment, vehicles, and other associated traffic control items shall not be measured and paid for separately and shall be included in the line item unit price for the Work except as noted herein. "Variable Message Board" and "Advance Warning Panel" shall be paid per each per day as required by the specifications or as requested by the Engineer. "Additional Flagging Personnel" shall be measured and paid per hour only when requested by the Engineer for special circumstances not already included under another item. Hours of non -flagging work in excess of those authorized shall not be measured and paid for separately but shall be at the Contractor's expense. "The City of Fort Collins Master Street Plan" map depicting the street classifications (Arterial, Collector, and Residential) can be found at the following link: httl):Hcitydocs fceov com/?dt—Master+Street+Plan+Mao&dn=GIS+MAPS&vid=192&emd=showdt All costs associated with the Traffic Control Plan review shall not be measured or paid for separately, but shall be considered incidental to the Work. Review fees shall not be measured or paid for separately and shall be included in the line item unit price for the Work. The City may deduct from compensation due the Contractor $10.00 per day for each traffic control device not removed from the site immediately upon completion of the work or as directed by the Engineer. The flagger(s) shall be provided with electronic communication devices when required. These devices shall not be measured and paid for separately and shall be included in the line item unit price for the Work. Project Specifications- Page 17 of 22 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL • The cost of batteries, electricity and/or fuel for all lighting or warning devices will not be paid for separately but shall be considered subsidiary to the item. • 0 Sand bags and Caution tape will not be measured and paid for separately but shall be included in the line item unit price. The Contractor may provide larger construction traffic signs than those typically used in accordance with the City of Fort Collins Work Area Traffic Control Handbook and the MUTCD, if approved by the Engineer, however, no payment will be made for the additional panel size. Business signs, neighborhood traffic only signs and detour placard street names are NOT considered Specialty Signs and will not be measured or paid for separately and shall be included in the unit price for the Work. The City of Fort Collins shall not be responsible for any losses or damage due to theft or vandalism. The City of Fort Collins will not be responsible for any damages to public or private property caused by the Contractor's construction activities. Private or public property which is damaged by the Contractor's installation, equipment, or employees will be the sole responsibility of the Contractor. Project Specifications- Page 18 of 22 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL The following figures indicate the minimum required traffic control for each street classification: FIGURE 630-1 TYPICAL ARTERIAL TRAFFIC CONTROL PLAN OWNER CONTRACTOR TRAFFIC CONTROL COMPANY CANTACT NAME DATE PHONE# TCS CERT# SHEET# DEVICE TABULATION 2- ROAD WORK AHEAD 2- LEFT LANE CLOSED AHEAD 2-TRANSITION(L) 60 - n-TRAFAC CONES TYPICAL LEFT LANE t G[]4I:TJd/J -MY ARTERIAL STREETS - Shall include Flagging Personnel required for the road classification, control of cross traffic, and the Contractor's daily work activities in addition to the minimum signage required by the specifications. Approved Variable Message Boards may be required for arterial streets and shall be paid for separately under "Variable Message Board". "Advance Warning Arrow Boards" or `Additional Flagging Personnel" may be requested by the Engineer and shall be paid for separately under "Advance Warning Arrow Boards" or "Additional Flagging Personnel". 11 • Project Specifications- Page 19 of 22 • REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL FIGURE 630-2 TYPICAL COLLECTOR TRAFFIC CONTROL PLAN a OWNER COLLECTOR STREETS -Shall include Flagging Personnel required for the road classification, control of cross traffic, and the Contractor's daily work activities in addition to the minimum signage required by the specifications. Approved Variable Message Boards may be required for collector streets and shall be paid for separately under "Variable Message Board". "Advance Warning Arrow Boards" or `Additional Flagging Personnel" may be requested by the Engineer and shall be paid for separately under "Advance Warning Arrow Boards" or "Additional Flagging Personnel". Project Specifications- Page 20 of 22 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL • FIGURE 630-3 TYPICAL RESIDENTIAL TRAFFIC CONTROL PLAN m.�. NOT DRAWN TO SCALE T f� 2-ROAD WORN AHEAD 2-ONE LANE ROAD AHEAD 2-FLA AHEAD 20- ZaGGER ' TRAFFIC CONES OWNER TRAFFIC CONTROL CONTRACTOR COMPANY CANTACT NAME DATE PHONE # TCS CERT# SHEET# RESIDENTIAL STREETS -Shall include Flagging Personnel required for the road classification, control of cross traffic, and the Contractor's daily work activities in addition to the minimum signage required by the specifications. Approved Variable Message Boards shall not be required for residential streets. "Advance Warning Arrow Boards" or `Additional Flagging Personnel" may be requested by the Engineer and shall be paid for separately under "Advance Warning Arrow Boards" or "Additional Flagging Personnel". Project Specifications- Page 21 of 22 • SECTION 00530 NOTICE TO PROCEED Description of Work: 7290 Crack Seal & Fill Project — 2014 Renewal To: Vogel Concrete Inc. This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Agreement. Dated this day of 20 • The dates for Substantial Completion and Final Acceptance shall be 20_ and , 20, respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby'acknowledged this day of 20 CONTRACTOR: Vogel Concrete Inc. By: Title: 0 0 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL BASIS OF PAYMENT Subsection 630.16 shall be revised as follows: Pay Item 630.01 Variable Message Board 630.02 Advance Warning Arrow Board 630.03 Additional Flagging Personnel Unit Per each per day Per each per day Hour All traffic control costs including but not limited to furnishing equipment, equipment set up/removal/modification, TCS and flagging personnel including required break times, vehicles, phones, notification delivery, hand signs, communication devices, sandbags, and all related incidentals required for traffic control shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work per the Typical Minimum Standards contained herein (Figures 630-1, 630-2, 630-3). Payment shall be made for "Additional_ Flagging Personnel' only when requested by the Engineer and when additional to the minimum flagging personnel requirements noted herein. 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 OF 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 A SIGNALIZED INTERSECTION OR ANY ARTERIAL AND COLLECTOR STREETS THAT HAVE MAJOR TRAFFIC VOLUMES BETWEEN THE HOURS OF 7:00 A.M. TO 8:30 A.M. OR 3:30 P.M. TO 6:30 P.M. (EXCEPT IN THE CASE OF AN EMERGENCY). EXCEPTIONS MAY BE MADE FOR CONSTRUCTION OR REPAIR WORK ON ARTERIALS AND COLLECTORS BETWEEN THE HOURS OF 7:00 A.M. TO 6:00 P.M., MONDAY THROUGH FRIDAY EXCLUDING HOLIDAYS, WHEN ALL EQUIPMENT, LABOR, TRAFFIC CONTROL DEVICES AND CONSTRUCTION ARE NOT IN THE VICINITY OF AN INTERSECTION. THE ENGINEER WILL AUTHORIZE SUCH WORK AND SPECIFY THE REQUIRED DISTANCE FROM THE INTERSECTION. NOTE: TIME RESTRICTIONS ON S.H. 287 (COLLEGE AVENUE AND HIGHWAY 14 MULBERRY STREET (EAST OF LEMAY AVENUE) WILL NORMALLY BE RESTRICTED FROM 9:00 AM TO 3:00 PM. SPECIAL CONDITIONS FOR WORK ON RESIDENTIAL STREETS NOTE: FULL CLOSURES ON RESIDENTIAL STREETS SHALL BE ALLOWED AS SHOWN ON THE TRAFFIC CONTROL PLANS. END OF SECTION Project Specifications- Page 22 of 22 SECTION 02500 QUANTITY ESTIMATE This work shall consist of crack sealing and crack filling on designated streets in the City of Fort Collins. A list of streets is contained herein. Additional quantities are included in the contract quantities for streets not identified at the time of the bid. All quantities stipulated in the Bid Schedule are approximate and shall be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted. The basis of payment shall be the actual amount of materials furnished and Work completed. Contractor agrees to make no claim for damages, anticipated profits, or otherwise on account of any difference between the amounts of Work actually performed and materials actually furnished and the estimated amount in these documents. The City, reserves the right to prioritize the installation of the work. 0 11 • SSECTION 03500 PROJECT MAPS The following maps are included: 2014 Crack Seal & Crack Fill Project Maps 1. Page 1 of 16: Overview 2. Pages 2 through 16Individual Project Area Maps "The City of Fort Collins Master Street Plan" map depicting the street classifications (Arterial, Collector, Residential) can be found at the following link: httr):Hcitvdocs.fcaov.com/?dt=Master+Street+Plan+Mao&dn=GIS+MAPS&vid=192&cmd—showdt 0 0 No Text City f Co llins linsStreets Greenstone STREET MAINTENANCE PROGRAM (SMP) Crack Seal Areas - 2014 Crack seal streets shown pink. Map 2of16 j//N.j Revised December 27, 2013 W+E s (SMP) /�F�ort Collins Streets Willow Springs STREET MAINTENANCE PROGRAM Crack Seal Areas - 2014 Crack seal streets shown pink. Map 3of16 Revised December 27, 2013 City of Fort Collins Streets" ' Fox Meadows STREET MAINTENANCE PROGRAM (SMP) Crack Seal Areas - 2014 Crack seal streets shown pink. Map 4 of 16 {{/N Revised December 27, 2013 �y+B ���s FliCity of STREET MAINTENANCE PROGRAM (SMP) rt Collins Crack Seal Areas - 2014 N . Map 5 of 16 i/n��,, Dakota Ridge Revised December 27, 2013 W+E Crack seal streets shown pink. s Cl Fort Collins Streets Collindale STREET MAINTENANCE PROGRAM (SMP) Crack Seal Areas - 2014 Crack seal streets shown pink. Map 6 of 16 N Revised December 27, 2013 W+ g S Fort Collins STREET MAINTENANCE PROGRAM (SMP) Crack Seal Areas - 2014 • Streets Map 7 of 16 //NhA�, Landings Revised December 27, 2013 W+E Crack seal streets shown pink. S n LJ n LJ 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 491 0. Fort Collins Streets Larkborough Crack seal streets shown pink. STREET MAINTENANCE PROGRAM (SMP) Crack Seal Areas - 2014 Map 8of16 {jNAtj�, Revised December 27, 2013 W+E s F�ort of Streets Four Seasons STREET MAINTENANCE PROGRAM Crack Seal Areas - 2014 Crack seal streets shown pink. Map 9 of 16 Revised December 27, 2013 (SMP) N • W + E S r 1 L Fort Collins Streets Silver Oaks STREET MAINTENANCE PROGRAM (SMP) Crack Seal Areas - 2014 Crack seal streets shown pink. Map 10of16 jjNN�� Revised December 27, 2013 W+E s City of F6rt Collins STREET MAINTENANCE PROGRAM Crack Seal Areas - 2014 Streets Hampshire Crack seal streets shown pink. Map 11 of 16 Revised December 27. 2013 (SMP) N• W+ s Fort CollinStreetss Greenfield STREET MAINTENANCE PROGRAM (SMP) Crack Seal Areas - 2014 Crack seal streets shown pink. Map 12of16 //AN Revised December 27, 2013 NI+E s City of STREET MAINTENANCE PROGRAM (SMP) FF6rt Collins Crack Seal Areas - 2014 Streets N • Map 13 of 16 /nj�'�, Fairbrooke Revised December 27, 2013 WCIJL�$ Crack seal streets shown pink. s City CollinstreetsSTREET Fort MAINTENANCE PROGRAM (SMP) Crack Seal Areas - 2014 N Map 14of16 /rt� Fairview RevisedDemmber27,2013 W�E Crack seal streets shown pink. s FCity of STREET MAINTENANCE PROGRAM (SMP) 6rt ColliStreetsns Crack Seal Areas - 2014 • Map 15of16 ij/xp Capitol Hill Revis dDecember27,2013 W V E Crack seal streets shown pink. S W Yne Dr Hanna SP a Elm _SO (U+ )E �w i �SYramore St} d a. �� Beech SV ,c m a m �m — L !n y z !3 Chmy St y CherrySt Si; mom`, ' Maple St�, ,,Columbine �� II.___ C J STREET MAINTENANCE PROGRAM (SMP) Fort Collins Streets Crack Seal Areas - 2014 N p Map 16of16 /�t��, Richards Lake Revised December 27, 2013 WQr�G Crack seal streets shown pink. 1s SECTION 04000 EROSION CONTROL AND INLET PROTECTION • INDEX OF ENVIRONMENTAL STANDARD OPERATING PROCEEDURES (ESOP) New Construction Activities for Municipalities 1 of 2 Street, Curb, and Gutter Replacement and Construction 1 of 3 Street, Curb, and Gutter Maintenance 1 of 3 Spill Prevention and Response 1 of 4 Utility and Storm Sewer System Maintenance 1 of 4 Utility and Storm Sewer System Replacement and Construction 1 of 3 Power Washing 1 of 3 Vehicle Fueling 1 to 3 Outdoor Fleet Maintenance 1 of 4 Heavy Equipment and Vehicle Maintenance 1 of 4 SECTION 00610 PERFORMANCE BOND Bond No. CSB0010370 KNOW ALL MEN BY THESE PRESENTS: that Vogel Concrete Inc. 6330 S. College Ave., Fort Collins, CO 80525 (a Corporation), hereinafter referred to as the "Principal" and (Firm) Contractors Bonding and Insurance Company (Address) 5300 DTC Parkway, Ste 330, Greenwood Village, CO 80111 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 Four Hundred Forty Thousand Six Hundred Ninety - Eight Dollars and Ninety Cents ($440 698 90) 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 16th day of January, 2014, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 7290 Crack Seal & Fill Project —2014 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 chance, 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 0 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 0 New Construction Activities for Municipalities Description This fact sheet covers new construction activities disturbing less than one acre not subject to a CDPS Construction permit. New construction includes, but is not limited to buildings, structures, capital improvements, roadways, and recreational components such as trails, restrooms, and other structures. Procedures provided are general in nature and can be applied to any scale or type of municipal construction. When services are contracted, this written procedure should be provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the contractor is responsible for abiding by all applicable municipal, state, and federal codes, laws, and regulations. Procedures • Obtain all applicable federal, state, and local permits for construction projects. • The Colorado Stormwater Construction General permit applies to construction sites disturbing one acre or more, or less than one acre but part of a larger common plan of development. • A larger common plan of development is defined as a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan. • A dewatering permit 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. Applicable sediment and erosion controls may be installed, such as inlet protection, silt fence, sediment traps, erosion control logs, check dams, and vehicle tracking control. Sediment and erosion controls will be Page 1 of 2 installed and maintained in accordance with approved design criteria and/or industry standards. Material stockpiles will not be stored in stormwater flow lines. Temporary sediment control will be used during temporary, short-term placement while work is actively occurring. • Where feasible, grading activities should be scheduled during dry weather. • Best management practices will be periodically inspected and maintained as necessary. • Waste containment for concrete washout, masonry, paint, trash and other potential pollutants will be available when these activities are being conducted. • Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response. Employee Training Train applicable employees who perform new construction activities on this written procedure. Information regarding how to avoid and report spills will be presented during the training. Periodically conduct refresher training on the SOP for applicable employees who perform new construction activities. Records The following records could be used to document activities performed: Records of employee training with sign -in sheet. References City of Centennial SOP: New Construction SOP, August 2007. Mesa County, Municipal Operations and Maintenance Program, July 2005. • Page 2 of 2 0 Street, Curb, and Gutter For More lnformation Name Replacement and Address Construction City, State Phone 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. i Oil Saw -cut slurry When services are contracted, this written procedure Trash should be provided to the contractor so they have the Good Housekeeping proper operational procedures. In addition, the Dumpster/Waste Management contract should specify that the contractor is responsible for abiding by all applicable municipal, Employee/Contractor Training state, and federal codes, laws, and regulations. Proper cleanup and disposal Procedures Procedures Dry cleaning methods General • Related Procedures . Obtain all applicable federal, state, and local Spill Prevention and Response permits for construction projects. Street Sweeping The Colorado Stormwater Construction Street Sweeper Cleaning and General permit applies to construction sites Waste disturbing one acre or more, or less than one Street, Curb and Gutter acre but part of a larger common plan of Maintenance development. • A larger common plan of development is defined as a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan. • A dewatering permit may be required if construction activities require the removal and discharge of groundwater offsite. • A U.S. Army Corp of Engineers (USACE) Section 404 Permit may be needed if the work will be conducted in or impact waters of the United States, including wetlands, washes, drainages, ditches, creeks, streams, and rivers. 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 installed and maintained in accordance with approved design criteria and/or industry standards. • When saw cutting, ensure that no slurry enters the storm drain. Let the slurry dry, sweep it up, and properly dispose of the sweepings or vacuum while saw cutting. • Do not perform concrete or asphalt paving work during wet conditions whenever possible. • Monitor construction equipment for leaks and use drip pans as necessary. • Leaking material containers should be properly discarded and replaced. • Store materials in containers under cover when not in use and away from any storm drain inlet. • Wash out mixers, delivery trucks, or other equipment in the designated concrete washout area only. • Locate concrete washout, portable toilets, and material storage away from storm drain inlets. • Material stockpiles will not be stored in stormwater flow lines. Temporary sediment control will be used during temporary, short-term placement while work is actively occurring. • • Sweep or vacuum the roadway as needed, during construction and once construction is complete. • Best management practices will be periodically inspected and maintained as necessary. Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response procedures. Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response. Bridge Construction • Do not transfer or load any materials directly over waterways. Suspend drop cloths or nets below any bridgework where wastes, scraps, or drips might be spilled into a waterway. Concrete Work • Minimize the drift of chemical cure on windy days by using the curing compound sparingly and applying it close to the concrete surface. • Ensure there is a concrete truck washout area available or require the contractor to wash out at the batch plant. • Whenever possible, recycle concrete rubble; otherwise, dispose of it as solid waste. Asphalt Work Control the placement of road base or asphalt used in embankments or shoulder backing; do not allow these materials to fall into any storm drain or watercourses. Whenever possible, recycle asphalt. If recycling is not possible, dispose of as solid waste. Painting and Striping If possible, schedule painting and striping projects during dry weather. Use thermoplastic or epoxy markings in place of paint whenever feasible. Use care to prevent splashing or spilling of any liquid material. Follow the Snill Prevention and Response procedure should a spill occur. Employee Training • Train applicable employees who perform street, curb, and gutter construction on this written procedure. Information regarding how to avoid and report spills will be presented during the training. Periodically conduct refresher training on the SOP for applicable employees who . perform street, curb, and gutter construction. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References City of Centennial, Department of Public Works: Asphalt and Concrete Program, No Date. City of Centennial, Department of Public Works: Asphalt Program, No Date. PACE, Stormwater Best Management Practices: Street Maintenance, No Date. Optional Additional Resources Concrete truck washout BMP specifications. Gravel road maintenance procedures. • For More Information Name Address City, State Phone e-mail Possible Pollutants Fine-grained sediment Organics i Oil Saw -cut slurry Trash Good Housekeeping Dumpster/Waste Management Employee/Contractor Training Proper cleanup and disposal procedures Dry cleaning methods Street, Curb, and Gutter Maintenance Description Street, curb, and gutter activities include concrete and asphalt installation, maintenance, repair, and replacement; bridge maintenance; and painting and striping. Procedures involving the maintenance of streets, curbs, and gutters have the potential to impact stormwater quality. Materials involved in these activities should be used efficiently and disposed of properly. When services are contracted, this written procedure should be provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the contractor is responsible for abiding by all applicable municipal, state, and federal codes, laws, and regulations. Procedures Related Procedures General Spill Prevention and Response • Protect storm drain inlets and drains with curb Street Sweeping socks, rock berms, inlet protection, or drain Street Sweeper Cleaning and covers/mats prior to any maintenance activity. Waste . When saw cutting ensure that no slurry enters the storm drain, let the slurry dry, sweep it up, and properly dispose of the sweepings. • Do not perform concrete or asphalt patch work during wet conditions whenever possible. • Leaking material containers should be properly discarded and replaced. • Store materials in containers under cover when not in use and away from any storm drain inlet. • Monitor equipment for leaks and use drip pans as necessary. • Sweep or vacuum the roadway once maintenance activities are complete. Bridge Maintenance Do not transfer or load any materials directly over waterways. Secure lids and caps on all containers when on bridges. Suspend drop cloths or nets below any bridgework where wastes, scraps, or drips might be spilled into a waterway. Concrete Maintenance Minimize the drift of chemical cure on windy days by using the curing compound sparingly and applying it close to the concrete surface. Ensure there is a concrete truck washout area available or require the contractor to wash out at the batch plant. Whenever possible, recycle concrete rubble; otherwise, dispose of it as solid waste. Asphalt Maintenance Sweep to minimize sand and gravel from new asphalt from getting into storm drains, streets, and creeks. Do not allow asphaltic concrete grindings, pieces, or chunks used in embankments or shoulder backing to enter any storm drain or watercourses. Apply temporary perimeter controls. Install silt fence until the structure is stabilized or permanent • controls are in place. Whenever possible, recycle broken asphalt. If impossible, dispose of as solid waste. Drainage irdet structures shall be covered with inlet protection during application of seal coat, tack coat, slurry seal, and/or fog seal. Painting and Striping If possible, schedule painting and striping projects during dry weather. Use thermoplastic or epoxy markings in place of paint whenever feasible. The pre -heater for thermoplastic striping and the melting tanks used during pavement marking must be filled carefully to prevent splashing or spilling of materials. Leave 6 inches at the top of pre -heater and the melting tanks to allow room for material to move and splash when vehicles are deadheaded. Employee Training Train applicable employees who perform street, curb, and gutter maintenance on this written procedure. Information regarding how to avoid and report spills will be presented during the training. Periodically conduct refresher training on the SOP for applicable employees who perform street, curb, and gutter maintenance. Records • The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References City of Centennial, Department of Public Works: Asphalt and Concrete Program, No Date. City of Centennial, Department of Public Works: Asphalt Program, No Date. PACE, Stormwater Best Management Practices: Street Maintenance, No Date. Optional Additional Resources Concrete truck washout BMP specifications. Gravel road maintenance procedures. • U For,Mere,lgforroatiah"<.. Spill Prevention and Name ` Response Address City. state 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 j system. Waste Management When services are contracted, this written procedure should be provided to the contractor so they have the Employee/Contractor Training proper operational procedures. In addition, the contract Proper cleanup and disposal should specify that the contractor is responsible for procedures abiding by all applicable municipal, state, and federal . Related Procedures Fertilizer, Pesticide, codes, laws, and regulations. and Herbicide Application Procedures Heavy Equipment and Vehicle Spill Prevention Maintenance Keep work areas neat and well organized. Material Storage Materials Management a Maintain a Material Safety Data Sheet (MSDS) for each hazardous chemical. Follow the Outdoor Outdoor Vehicle Maintenance Material Storage procedures. Vehicle Fueling '. a Provide tight fitting lids for all containers. a Keep containers clearly labeled. Labels should provide name and type of substance, stock number, expiration date, health hazards, handling suggestions, and first aid information. a Store containers, drums, and bags away from direct traffic routes to prevent accidental spills. a Inspect storage containers regularly for signs of leaking or deterioration. a Replace or repair leaking storage containers. a Use care to avoid spills when transferring materials from one container to another. Page 1 of 4 Use powered equipment or get assistance when moving materials to and from a storage area. Use care to prevent puncturing containers with the equipment. Do not wash down or hose down any outdoor work areas or trash/waste container storage areas except where wash water is captured and discharged into the sanitary sewer (if approved). • Conduct periodic inspections to ensure that materials and equipment are being handled, disposed/recycled, and stored correctly. • Provide adequate spill kits or lockers with sufficient equipment and supplies necessary for each work area where the potential for spills or leaks exists. • Inspect each spill kit or locker regularly and after each spill response. Replace any spent supplies or repair any equipment that is worn or not suitable for service. • Stock adequate personal protective equipment. Spill Response Safety Consider safety at all times. Anticipate and avoid all likely hazards. Never approach, contact, or sample an unknown substance. If a highly toxic or flammable substance is discovered, staff should leave the immediate area and contact the appropriate identified response authority, such as the fire department. If there is any question about a substance, contact the appropriate . identified response authority or other designated representative. procedures Stop the leading edge of the spill. Block or divert the spill to avoid discharge to the storm sewer system and to minimize the area requiring cleanup. Determine the source of the spill and stop the spill at its source by closing a valve, plugging a leak, or setting a container upright. Transfer material from a damaged container. Identify the material and volume spilled. Contact the appropriate identified response authority or other designated representative if you cannot identify the material and its properties. • Refer to the MSDS to determine appropriate personal protective equipment, such as gloves and safety glasses and appropriate cleanup methods. • Cleanup spills immediately to prevent spreading of wastes by wind, rain, and vehicle traffic and potential safety hazards. Use sand absorbents or socks, pillows, or pads to quickly capture spilled liquid and properly dispose of all clean-up materials. Use dry clean-up methods only. Complete all necessary reports. Page • IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 24th day of January , 2014. IN PRUENC F: Principal Vogel Concrete, Inc. j� V l t'ttR7 �d / rdy, off' /(Title) �� (Title)' (Corporate S�4i�l)� �Iy 6330 S. College Ave., Fort Collins, CO 80525 (Address) LORPOVrF IN PRESESE FSEAL ? Other Partners �� \\ By: By: IN PRESENCE OF: Surety�C/ontrarytors Bonding and Insurance Company By: � 5300 DTC Parkway, Ste (Address) (Surety Sea!) NOTE: Date of Bond must not be prior to date of Agreement. !f CONTRACTOR is Partnership, all partners should execute Bond. )d V,i a _ +80°111 ¢0 •C+�P?0Rq F• • Spill Reporting • A spill of any chemical, oil, petroleum product, or sewage that enters waters of the state of Colorado (that include surface water, ground water, and dry gullies and storm sewers leading to surface water) must be reported immediately to the Colorado Department of Public Health and Environment. • Release of a substance into a storm drain, or onto a parking lot or roadway as part of a storm sewer leading to surface water, is reportable. However, if the material can be contained and cleaned within the storm sewer system to the degree that a subsequent flow in the storm sewer will not flush the substance to waters of the State, it may not need to be reported. • Contact the appropriate identified response authority within the municipality or other designated representative and be prepared to provide details needed to report the spill to the necessary agencies. • Detailed spill reporting guidance can be found at http:/ /www.cdl2he.state.co.us/op/wgcc/Resources/Guidance/spillguidance.pdf andhtW://www.cdl2he.state.co.us/hm/spillsandreleases.htm Employee Training • Train applicable employees who perform spill prevention and response on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform spill prevention and response activities. Records The following records could be used to document activities performed: • Records of any major spills and the action taken. Records of employee training with sign -in sheet. References City of Centennial, Department of Public Works: Good Housekeeping, No Date. City of Centennial, Department of Public Works: Materials Management, No Date. City of Centennial, Department of Public Works: Spill Prevention and Control, No Date. City of Golden, Storniwater Quality Pollution Prevention Guide for Municipal Operations: Parks Department Golf Course, January 2004. City of Lafayette, Spill Clean Up, No Date. Colorado Department of Public Health and Environment, Environmental Spill Reporting, January 2009. Mesa County, Municipal Operation and Maintenance Program, July 4, 2005. USEPA Menu of BMP: Spill Response and Prevention, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed July 5, 2009. Page 4 of 4 0 ForMore Information"" � - Utility and Storm Sewer V 11 �7 Name Address System Maintenance City+State Phone Description This procedure addresses utility and storm sewer system e mail maintenance. Utilities include power, sanitary sewer, Possible Pollutants '- water conveyance systems, and the storm sewer system. Sediment Power includes electrical and gas utilities. Maintenance Nutrients of power may require excavation and reinstallation of Metals lines including open cut trenching or directional boring Hydrocarbons in landscaped areas or street right of way. Electrical and Trash gas line maintenance ensures services are provided to Good Housekeeping " businesses and households without interruption. Waste Management The sanitary sewer system is cleaned as part of routine .Employee/Contractor Training maintenance and on an emergency basis. Without proper maintenance, sanitary sewer back-ups and Proper Cleanup and Disposal Procedures overflows may occur and can result in potential property Y P P P tY damage and significant health concerns if not properly Related Procedures managed. • Heavy Equipment and Vehicle Maintenance - Water conveyance systems are flushed and pressure Parks and Open Space tested as part of routine maintenance. Potable water Maintenance systems must be properly maintained to ensure delivery Spill Prevention and Response of water that meets State and Federal health standards. Failures result in water main breaks that can cause Street, Curb, and Gutter Replacement and property damage including erosion. Construction The storm sewer system is cleaned as part of routine Utilities and Storm Sewer maintenance and on an emergency basis in the event of System Replacement and flooding. Maintenance will remove pollutants and Construction ensure the system functions properly to avoid flooding. Vehicle Fueling Flooding, ponding, and uncontrolled sheet flow can result in property damage and increased soil erosion. When services are contracted, this written procedure should be provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the contractor is responsible for abiding by all applicable municipal, state, and federal codes, laws, and regulations. 14) Page 1 of 4 Procedures General Conduct routine inspection and maintenance on utility and storm sewer systems. • Where feasible, schedule maintenance activities during dry weather. • Monitor the jet/vacuum truck closely for leaks and use a drip pan as needed. • Wash and fuel the jet/vacuum truck per the Heavy Equipment/Vehicle Maintenance procedure. Properly dispose of vac truck contents. • Stay alert for any signs of illicit discharges. This includes "dry weather" flows or pipes or hoses emptying directly into waterways or the storm sewer system. • Report any suspicious discharges or dumping to your supervisor. Electrical and Gas Utility Maintenance To prevent sediment, mud and particles generated by power utility maintenance from entering the stormwater system implement inlet protection, perimeter control, street sweeping, vehicle tracking control, stockpile management and material management BMPs. Restore landscaped or hardscaped areas promptly. Potable Water Line Flushing Remove any debris from the gutter that could wash away with the water. If possible, sweep the flow line before flushing the line. Direct the water so that it is not flowing 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 dechlorinating diffuser, or other method of dechlorination. • Remove sediment from the street, curb, gutter and storm inlets as needed immediately following the repair. • Where needed, install a temporary patch or repave as soon as practicable following the repair. If necessary, revegetate areas as soon as practicable following the repair. Sanitary Sewer Backup Clear line stoppage to prevent backup into house basements and manhole overflows. Page 2 of 4 • C� Contain overflows by using emergency generator, pump and/or a vac truck to intercept flows. It may be necessary to construct additional containment. Clean up spills by washing and vacuuming the affected areas. Lime may need to be applied for disinfection of affected areas. Lime must be removed once disinfection is complete. Storm Sewer System Pipes, Catch Basins, Inlet and Outlet Structures, and Culverts Clean storm sewer system by manual cleaning or jetting the pipes using a jet/vacuum truck to remove the material. • Do not temporarily store collected storm system cleaning debris adjacent to any surface water, storm drain inlet, or drainageway. • Storm sewer system maintenance wastes may be either non -hazardous or hazardous. Solid non -hazardous waste may be disposed in a sanitary landfill or recycled. Liquid non -hazardous waste must be evaporated before disposing of it into the landfill or discharged to the sanitary sewer system with the approval of the local wastewater treatment plant. Hazardous waste, as defined under Colorado Hazardous Waste Regulations (6 CCR 1007-3), must be transported and disposed of at a permitted disposal or treatment facility. Replace or maintain "no dumping' stencils or plaques as necessary. • . Remove trash from trash racks and grated openings. Detention and Retention Ponds • Inspect the outlet works and remove trash or vegetation from the trash racks and grates. • Inspect side slopes of the pond for erosion and reestablish vegetation as needed. • Remove and service fountains and aerator motors as recommended. • Report any suspected water quality problems such as a change in growth or appearance of vegetation. • Report excessive sediment accumulation, standing water beyond the designed drain down time or damage requiring additional maintenance. Drainageways Drainageways include drainage channels, ditches, grass swales, and washes. • Inspect drainageways for erosion and repair if necessary. Remove and properly dispose of trash and debris from the drainageways. Remove sediment which could impede flow in drainageways. • Leave an unmown buffer when mowing adjacent to drainageways to filter pollutants. Do not leave grass clippings in or next to the drainageway. Do not apply landscape chemicals in the buffer area. 0 Page 3 of 4 Employee Training Train applicable employees who perform utility and storm sewer system activities on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher 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. i References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Detention Pond Maintenance SOP, August 2007. City of Centennial SOP: Inlet, Pipe, and Vault Cleaning and Disposal SOP, August 2007. City of Centennial SOP: Drainageway Maintenance SOP, August 2007. City of Golden Stormwater Drainage Maintenance Plan, February 2008. City of Greeley, Department of Public Works: Storm Water Drainage Program, January 2008. City of Greeley, Department of Public Works: Ditch Program, No Date. City of Lafayette Standard Operating Procedure: Ditch Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Cleaning Storm Drain System, March 2009. City of Lafayette Standard Operating Procedure: Manhole Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Potable Line Flushing, March 2009. City of Lafayette Standard Operating Procedure: Sanitary sewer Backup, March 2009. City of Lafayette Standard Operating Procedure: Waterline Breaks, March 2009. Mesa County, Municipal Operations and Maintenance Program, July 2005. Partners for a Clean Environment, Storm Drain Maintenance, No date. Optional Additional Resources Municipal codes and ordinances that relate to unity or storm sewer system maintenance. Inspection and maintenance frequency plan for the storm sewer system. Specific instructions on how to operate applicable equipment. Instructions on how to track the amount of debris collected. Treated Water Discharge Plans for potable water maintenance. Page 4 of 4 0 For More Information' Utility and Storm Sewer .. V1 Name - System Replacement and Addresss City' Construction State •Phone "e-mail ` '., •" 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 I When services are contracted, this written procedure Organ 9 � 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 i 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 may be required if construction activities require the removal and discharge of groundwater offsite. • A U.S. Army Corp of Engineers (USACE) Section 404 Permit may be needed if the work will be conducted in or impact waters of the United States, including wetlands, washes, drainages, ditches, creeks, streams, and rivers. Page 1 of 3 • Applicable sediment and erosion controls may be installed, such as inlet protection, silt fence, sediment traps, sediment control logs, check dams and vehicle tracking control. Sediment and erosion controls will be installed and maintained in accordance with approved design criteria and / or industry standards. • When saw cutting, ensure that no slurry enters the storm drain. Let the slurry dry, sweep it up, and properly dispose of the sweepings or vacuum while saw cutting. • Where feasible, grading activities will be scheduled during dry weather. • Do not perform concrete or asphalt paving work during wet conditions whenever possible. • Monitor construction equipment for leaks and use drip pans as necessary. • Leaking material containers should be properly discarded and replaced. • Store materials in containers under cover when not in use and away from any storm drain inlet. • Wash out mixers, delivery trucks, or other equipment in the designated concrete washout area only. • Locate concrete washout, portable toilets, and material storage away from storm drain inlets. . • Material stockpiles will not be stored in stormwater flow lines. Temporary sediment control will be used during temporary, short-term placement while work is actively occurring. • Sweep or vacuum the roadway as needed, during construction and once construction is complete. • Best management practices will be periodically inspected and maintained as necessary. • Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response procedures. Emergency Repair and Replacement Emergency Discharges are defined as situations in which it is not possible to implement all of the available BMPs due to the uncontrolled nature of the discharge. The primary focus during these events is to identify and mitigate the cause as soon as possible. Clean up of resulting sediment or other pollutants will be performed as soon as practicable following the emergency. Refer to the Spill Prevention and Response procedure for reporting requirements. Page 2 of 3 0 n u Employee Training • Train applicable employees who perform utility replacement and construction activities on this written procedure. Information regarding how to avoid and report spills will be presented during the training. Periodically conduct refresher training on the SOP for applicable employees who perform utility replacement and construction activities. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Detention Pond Maintenance SOP, August 2007. City of Centennial SOP: Inlet, Pipe, and Vault Cleaning and Disposal SOP, August 2007. City of Centennial SOP: Drainageway Maintenance SOP, August 2007. City of Golden Stormwater Drainage Maintenance Plan, February 2008. City of Greeley, Department of Public Works: Storm Water Drainage Program, January 2008. 10 City of Greeley, Department of Public Works: Ditch Program, No Date. City of Lafayette Standard Operating Procedure: Ditch Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Cleaning Storm Drain System, March 2009. City of Lafayette Standard Operating Procedure: Manhole Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Potable Line Flushing, March 2009. City of Lafayette Standard Operating Procedure: Sanitary sewer Backup, March 2009. City of Lafayette Standard Operating Procedure: Waterline Breaks, March 2009. Mesa County, Municipal Operations and Maintenance Program, July 2005. Partners for a Clean Environment, Storm Drain Maintenance, No date. • Page 3 of 3 City of Fort Collins Regulatory and Government Affairs Division City of F`rtCollins _�` Verification Originator Revised ,Approved Issued Initials LR ss Date Oct. 09 10119/09 Environmental Standard Operating Procedure (ESOP) ESOP —Power Washing (Pressure Washing) wastewater Persons who will use this ESOP: City staff who perform power washing, and their supervisor/manager. A variety of City departments perform power washing. The employee Area of who power washes, and his/her supervisor/manager, will use the application: information in this SOP to guide their power washing, and supply purchasing, activities. Document I:\RGA Division\SOPs\ESOPs location: Revisions Rev. Date Description No. 001 002 [Procedure index 1.0 Purpose 2.0 Scope 3.0 Process 4.0 Training Requirements 5.0 References/Related Documents 6.0 Records Revision date: 10/19/2009 • 0 Pagel of 3 • SECTION 00615 PAYMENT BOND Bond No. CSB0010370 KNOW ALL MEN BY THESE PRESENTS: that Vogel Concrete Inc. 6330 S. College Ave.,, Fort Collins, CO 80525 (a Corporation), hereinafter referred to as the 'Principal' and (Firm) CCntractors Bonding and Insurance Company (Address) `r30prbTC Parkway, Ste.330, Greenwood Village, CO 80111 hereinafter referred to a's"the Surety", are held and firmly bound unto the City of Fort Collins 300 Laporte A,e.,'Fdrt Collins Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNED", in the penal sum of Four Hundred Forty Thousand Six Hundred Ninety - Eight Dollars and Ninety Cents ($440 698.90) 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 16th day of January, 2014, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 7290 Crack Seal & Fill Project — 2014 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 terns 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. City of Fort Collins Regulatory and Government Affairs Division city of Fo,irtC�o_l�lins Verification Originator Revised Approved Issued Initials Date LR Oct. 09 ss 10119109 Environmental Standard Operating Procedure (ESOP) ESOP —Power Washing (Pressure Washing) wastewater 1.0 Purpose - 1.1 The purpose of this ESOP is to describe the appropriate methods of handling power washing wastewater. 2.0 Scope 2.1 The scope of this ESOP is limited to the description of the allowable methods of the disposal of power washing wastewater and the protection of the storm drainage system; the scope does not include specifics on how to power wash. 3.0 Process 3.1 Power washing wastewater must be prevented from running uncontrolled in the City's storm water system. The system includes streets, inlets, gutters, ponds, creeks, ditches, and the Poudre River. During the power washing activity, ensure the wastewater is controlled by the utilization of the natural slope of the land, or barriers such as inlet covers. Use of barriers on an impermeable surface also requires that the wastewater be vacuumed, collected, and disposed of properly. 3.2 General pollution prevention procedures: A. Use dry methods for surface pre -cleaning, such as using absorbent on small oil spots and sweeping up trash, debris, dirt, and used absorbent before power washing. B. Minimize the amount of water used during power washing activities. C. Avoid using cleaning products that contain hazardous substances (e.g., hydrofluoric acid, muriatic acid, sodium hydroxide, bleach) that can turn wastewater into hazardous waste. 3.3 Prior to power washing, decide on one of the following methods of disposal: D. Landscape --power washing wastewater may be discharged to landscaped areas if the materials used and the material removed are not harmful to vegetation, there is no ponding, and there is no uncontrolled runoff to the stormwater system. E. Wastewater treatment system-- As long as the collected wastewater does not have an oil sheen, has a pH between 5 and 11, and does not contain any hazardous or toxic substances, the wastewater may be disposed of into the City's wastewater treatment system. w 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 Cityof Forte rt Collins Verification Originator ,Revised Approved, Issued - Initials LR Date 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. 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. 140 Training Requirements' 4.1 The training requirement associated with this procedure is knowledge of the proper management of power washing wastewater. �5.0 References / Related Documents 5.1 http://www.cdphe.state.co.us/wq/PermitsUnit/PoIicyandGuidance/powerwash.pdf 5.2 I:\RGA division\Illicit Discharge Program\Complaint Calls\pressure washing\Cit power washing quidance.pdf (6.0 Records 6.1 The following records could be used to document activities performed: Revision date: 10/19/2009 • Records of employee training with sign -in sheet. • List of power washing activities and departments responsible for conducting power washing. Page 3 of 3 • • 11 Name - City, State Phone ..: Possible Pollutants Metals Hydrocarbons Toxins Good Housekeeping Drip pans Secondary containment Automatic shutoff nozzles Signs Spill response plans Spill cleanup materials • i Dry cleanup methods Employee training Related Procedures Heavy Equipment/Vehicle Maintenance Outdoor Fleet Maintenance Spill Prevention and Response , U Vehicle Fueling Description Spills of gasoline and diesel fuel on the ground or on vehicles during fueling can wash into a storm drain and cause water pollution. When services are contracted, this written procedure should be provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the contractor is responsible for abiding by all applicable municipal, state and federal codes, laws, and regulations. Procedures General • Fuel vehicles at approved locations (municipal fueling station or offsite fueling station). • Provide spill kits near the municipal fueling location. • If fuel is stored in an above -ground tank, store fuel in enclosed, covered tanks with secondary containment (e.g., concrete barrier or double -walled tanks). • All fuel tanks will be inspected per State and Federal regulations. • Periodically inspect municipal fueling locations for the following: • For above -ground tanks, inspect tank foundations, connections, coatings, tank walls, and piping systems. Look for corrosion, leaks, cracks, scratches, and other physical damage that may weaken the tank. • Check for spills and fuel tank overfills due to operator error. • Clean up any leaks or drips. Clean up is not completed until the absorbent is swept up and disposed of properly. • Report leaking vehicles to fleet maintenance. Page 1 of 3 Vehicle Fueling • Follow all posted warnings. • Ensure that the nozzle is properly inserted in the filler neck of the vehicle before dispensing any fuel. • Remain by the fill nozzle while fueling to ensure the nozzle stays in place. • Do not top off the tank of the vehicle once the nozzle has shut off the fuel. • Follow the procedures outlined in the Spill Prevention and Response Procedure to respond to any leaks or spills. • Clean fuel dispensing areas with absorbent material. • Never use water to clean up a spill. Mobile Fuel Truck • Provide inlet protection (e.g., berms, weighted inlet covers) for nearby storm drain inlets when transferring fuel and fueling a vehicle. • Use secondary containment when transferring fuel from the tank truck to the fuel tank. All gas cans must be placed in the secondary containment box/ pan and remain on the ground when fueling. • Use a funnel to transfer fuel to vehicles and equipment. After the transfer is complete, • the funnel should be dried with a rag or placed in a container to avoid dripping fuel on the ground. Employee Training • Train applicable employees who fuel vehicles on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who fuel vehicles. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Vehicle Fueling, August 2007. City of Lafayette Standard Operating Procedure: Vehicle and Equipment Fueling, March 2009. Mesa County, Municipal Operation and Maintenance Program, July 4, 2005. USEPA Menu of BMPs: Municipal Vehicle Fueling, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed June 18, 2009. Page 2 of 3 Optional Additional Resources Municipal codes and ordinances that relate to vehicle fueling. Locations of approved offsite fueling stations. Locations of nearby spill kits. Spill Prevention Control and Countermeasures Plan. C J 0 Page 3 of 3 Outdoor Fleet Maintenance ForNlore information 4V. Name Description Andress 1 Although it is recommended that fleet maintenance City, State activities be conducted indoors or under cover, it is Phone sometimes necessary to perform fleet maintenance e-mail outdoors (e.g., equipment is too large to fit inside the Possible Pollutants maintenance building, temporary repairs need to be made before the equipment can be moved to the maintenance Metals building, breakdowns, service calls). Toxins Solvents (degreasers, paint Some potential pollutants typically associated with outdoor p p �'p y thinners, etc.) fleet maintenance activities include oil, antifreeze, brake Antifreeze fluid and cleaner, solvents, batteries, and fuels. Consult the Spill Prevention and Response procedure and the Vehicle Brake fluid and brake pad dust Fueling procedure for additional information on those Battery acid topics. Motor oil When services are contracted, this written procedure Fuel (gasoline, diesel, kerosene) should be provided to the contractor so they have the Lubricating grease proper operational procedures. In addition, the contract Good Housekeeping should specify that the contractor is responsible for abiding Drip pans by all applicable municipal, state, and federal codes, laws, and regulations. Tarps Covered outdoor storage areas Procedures Secondary containment Fleet Maintenance Proper disposal of used fluids Fleet maintenance should be performed inside Spill cleanup materials whenever possible. Dry cleanup methods If indoor maintenance is not possible, ensure Employee. training maintenance is performed in a location where Related Procedures contact with stormwater is minimized, through Leavy Equipment and vehicle berming and appropriate routing of drainage. Maintenance . Provide inlet protection (berms, weighted inlet Material Storage covers, etc.) for all adjacent inlets when work is Spill Prevention and Response occurring in close proximity to a storm drain Vehicle Fueling inlet. Have absorbent pads and drip pans accessible to capture leaks and spills during maintenance activities. Keep equipment clean and do not allow excessive build-up of oil and grease. • Page 1 of 4 • Perform regular preventative maintenance to minimize the occurrence of leaks and major repairs. Recycle and/or dispose of all wastes properly and promptly. Do not dump any liquids or other materials outside, especially near or in storm drains or ditches. Sweep and pick up trash and debris as needed. • Cleanup spills promptly using dry methods (do not hose down). Consult the 5kill Prevention and Response procedure for more information. Cleanup is completed only after absorbent and rags are disposed of properly. Body Repair and Painting Whenever possible, conduct all body repair and painting work indoors. • Use dry cleanup methods such as vacuuming or sweeping to clean up all metal filings, dust, and paint chips from grinding, shaving, and sanding. Dispose of the waste properly. Debris from wet sanding can be allowed to dry overnight, then swept and vacuumed. Liquid from wet sanding should not be allowed to enter the storm drain. Never discharge these wastes to the storm or sanitary sewer systems. • Minimize waste from paints and thinners by carefully calculating paint needs based . on surface area and using the proper sprayer cup size. • Clean spray guns in a self-contained cleaner. Do not dispose of cleaner waste in the storm drain. • Use sanding tools equipped with vacuum capability (if available) to pick up debris and dust. Material Management Store maintenance materials and waste containers (e.g., used oil and antifreeze) in labeled containers under cover or in secondary containment (e.g., double -walled tanks). Chemicals should not be combined in containers. • All hazardous wastes must be labeled and stored according to hazardous waste regulations. • Carefully transfer fluids from collection devices to designated storage areas as soon as possible. Do not store the transferred fluids adjacent to the containers. • Store new batteries securely to avoid breakage and acid spills. • Store used batteries indoors or in secondary containment to contain potential leaks. Recycle used batteries. • Conduct periodic inspections of storage areas to detect possible leaks. • Page 2 of 4 Do not wash or hose down the storage area except in areas where the wash water will only enter the sanitary sewer drain as an approved discharge. Use dry clean-up methods as often as possible. Keep lids on waste barrels and containers, and store them indoors or under cover to reduce exposure to rain. Periodically inspect and maintain all pretreatment equipment, including sumps, separators, and grease traps to ensure proper functioning. Parts Cleaning Use designated areas for engine, parts, or radiator cleaning. Do not wash or rinse parts outdoors. If parts cleaning equipment is not available, use drip pans or other containment to capture parts cleaning fluids. Use steam cleaning or pressure washing of parts whenever possible instead of solvent cleaning. When steam cleaning or pressure washing is used, only discharge wastewater to an oil/water separator connected to the sanitary sewer. • When using solvents, rinse and drain parts over the designated solvent tank so that fluids will not drip or spill onto the floor. Use drip boards or pans to catch excess solutions and divert them back to the tank. Allow parts to dry over the hot tank. • Recycle cleaning solution when it becomes too dirty to use. Never discharge cleaning • waste to the storm or sanitary sewer systems. Vehicle and Equipment Washing Vehicles should be washed, whenever possible, in the municipality's vehicle and equipment wash area/bay or taken to a commercial car wash. Employee Training • Train applicable employees on this written procedure. Information regarding how to avoid and report spills will be presented during the training. Periodically conduct refresher training on the SOP for applicable employees who perform outdoor vehicle maintenance. Records The following records could be used to document activities performed: Record of any major spills and the action taken. Records of employee training with sign -in sheet. Heavy equipment and vehicle maintenance logs. Page 3 of 4 0 References Center for Watershed Protection, Municipal Pollution Prevention/Goad Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Vehicle and Equipment Storage SOP, August 2007. City of Centennial SOP: Vehicle Maintenance SOP, August 2007. City of Centennial SOP: Vehicle Washing SOP, August 2007. City of Golden. Fleet Maintenance Standard Operating Procedure, July 29, 2007. City of Lafayette Standard Operating Procedure: Vehicle and Equipment Maintenance Repair, March 2009. City of Lafayette Standard Operating Procedure: Vehicle and Equipment Washing, March 2009. Mesa County, Municipal Operation and Maintenance Program, July 4, 2005. Partners for a Clean Environment. Stormwater Protection: Vehicle Repair. Spring 2009. USEPA Menu of BMP: Municipal Vehicle and Equipment Maintenance, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009. USEPA Menu of BMP: Municipal Vehicle and Equipment Washing, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009. • Optional Additional Resources Municipal codes and ordinances that relate to fleet maintenance. Chemical purchasing policies. Guidelines for staff to dedicate a percentage of their time to vehicle and equipment maintenance. Specific directions on how to use the municipality's vehicle wash area. Spill Prevention Control and Countermeasures Plan. • Page 4 of 4 rre Information 5, ate e-mail Possible Pollutants Metals Toxins Solvents (degreasers, paint thinners, etc.) Antifreeze Brake fluid and brake pad dust Battery acid Motor oil Fuel (gasoline, diesel, kerosene) Lubricating grease Good Housekeeping Drip pans Tarps Covered outdoor storage areas Secondary containment Proper disposal of used fluids Heavy Equipment and Vehicle Maintenance Description Regular maintenance of municipal vehicles and equipment, or municipality -contracted vehicles and equipment prolongs the life of the municipality's assets and prevents the leaking of hazardous fluids commonly associated with normal wear and tear of vehicles and equipment. I Potential pollutants generated at vehicle maintenance facilities include oil, antifreeze, brake fluid and cleaner, solvents, batteries and fuels. When services are contracted, this written procedure should be provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the contractor is responsible for abiding by all applicable municipal, state, and federal codes, laws, and regulations. Procedures Maintenance activities should be performed inside a maintenance building unless the equipment is too large to fit inside or temporary repairs need to be made before the equipment can be moved to the maintenance building. Consult the Outdoor Fleet Maintenance procedure when it is necessary to perform repairs outside of the facility (breakdowns, service calls, etc.). Spill cleanup materials Vehicle Storage Dry cleanup methods . Monitor vehicles and equipment closely for leaks and Employee training use drip pans as needed until repairs can be Related Procedures performed. Material Storage a When drip pans are used, check frequently to avoid Outdoor Fleet Maintenance overtopping and properly dispose of fluids. Spill Prevention and Response a 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 u • IN WITNESS WHEREOF, this instrument is executed in three (3) Counterparts, each one of which shall be deemed an original, this 24th day of January 2014. IN PRESENCE OF: Principal Vogel Concrete, Inc. (Title) �� Jp�LN UyAi�f (T �� C (Corporate ` at) `DapGRAlF 6330 S. College Ave., Fort Collins, CO 80525 z (Address) i SEAL IN PRESEN( ..04. Q41 Other Partners �IIIIf1111N�` By: By: IN PRESENCE OF: (Surety Seal) Surety //AAContractors Bonding and Insurance Company By: A. /z..--� 5300 DTC Parkway, #330, Greenwood Village, CO 80111 (Address) Q0�js ANo/N ••• +� 0 97 s �y's O�PP®RA'F • �"�� .Y•. SEAL .�: "•• JJ •'. � J % 9 ; ' lam++ ••••••are.' �A S M N G S N r•���,. NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. E 11 Vehicle Maintenance • Conduct routine inspections of heavy equipment and vehicles to proactively identify potential maintenance needs. • Perform routine preventive maintenance to ensure heavy equipment and vehicles are operating optimally. • Recycle or dispose of all wastes properly and promptly. • Do not dump any liquids or other materials outside, especially near or in storm drains or ditches. Sweep and pick up trash and debris as needed. Body Repair and Painting • Whenever possible, conduct all body repair and painting work indoors. • Use dry cleanup methods such as vacuuming or sweeping to clean up all metal filings, dust, and paint chips from grinding, shaving, and sanding, and dispose of the waste properly. Debris from wet sanding can be allowed to dry overnight on the shop floor, then swept or vacuumed. Never discharge these wastes to the storm or sanitary sewer system. • Minimize waste from paints and thinners by carefully calculating paint needs based on surface area and using the proper sprayer cup size. • Do not use water to control over -spray or dust in the paint booth unless this wastewater . is collected. This water should be treated and permission granted by the wastewater treatment plant prior to discharge into the sanitary sewer system. • Do not dispose of spray gun cleaner waste in the storm drain. • Use sanding tools equipped with vacuum capability (if available) to pick up debris and dust. Material Management Store maintenance materials and waste containers (e.g., used oil and antifreeze) in labeled containers under cover or in secondary containment (e.g., double -walled tanks). Chemicals should not be combined in containers. All hazardous wastes must be labeled and stored according to hazardous waste regulations. Carefully transfer fluids from collection devices to designated storage areas as soon as possible. Do not store the transferred fluids adjacent to the containers (for example, oil drip pans with used oil in them should not be placed next to the used oil tank). Store new batteries securely to avoid breakage and acid spills. Store used batteries indoors or in secondary containment to contain potential leaks. Recycle used batteries. Conduct periodic inspections of storage areas to detect possible leaks. 0 Page 2 of 4 Do not wash or hose down storage areas except where wash water will enter the sanitary sewer as an approved discharge. Use dry clean-up methods whenever possible. Keep lids on waste barrels and containers, and store them indoors or under cover to reduce exposure to rain. Periodically inspect and maintain all pretreatment equipment, including sumps, separators, and grease traps to ensure proper functioning. Parts Cleaning • Use designated areas for engine, parts, or radiator cleaning. Do not wash or rinse parts outdoors. If parts cleaning equipment is not available, use drip pans or other containment to capture parts cleaning fluids. • Use steam cleaning or pressure washing of parts whenever possible instead of solvent cleaning. • When steam cleaning or pressure washing, only discharge wastewater to an oil/water separator connected to the sanitary sewer. • When using solvents to clean parts, rinse and drain parts over the designated solvent tank so that fluids will not drip or spill onto the floor. Use drip boards or pans to catch excess solutions and divert them back to the tank. Allow parts to dry over the hot tank. • Recycle cleaning solution when it becomes too dirty to use. Never discharge cleaning waste to the sanitary sewer or storm sewer. Vehicle and Equipment Washing Vehicles should be washed in the municipality's vehicle and equipment wash area/bay or taken to a commercial car wash. Employee Training • Train applicable employees who perform heavy equipment and vehicle maintenance on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform heavy equipment and vehicle maintenance. Records The following records could be used to document activities performed: • Record of any major spills and the action taken. • Records of employee training with sign -in sheet. 0 Heavy equipment and vehicle maintenance togs Page 3 of 4 0 0 References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Vehicle and Equipment Storage SOP, August 2007. City of Centennial SOP: Vehicle Maintenance SOP, August 2007. City of Centennial SOP:. Vehicle Washing SOP, August 2007. City of Golden. Fleet Maintenance Standard Operating Procedure, July 29, 2007. City of Lafayette Standard Operating Procedure: Vehicle and Equipment Maintenance Repair, March 2009. City of Lafayette Standard Operating Procedure: Vehicle and Equipment Washing, March 2009. Mesa County, Municipal Operation and Maintenance Program, July 4, 2005. Partners for a Clean Environment. Stormwater Protection: Vehicle Repair. Spring 2009. USEPA Menu of BMP: Municipal Vehicle and Equipment Maintenance, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009. USEPA Menu of BMP: Municipal Vehicle and Equipment Washing, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009. Optional Additional Resources Municipal codes and ordinances that relate to vehicle and equipment maintenance. Chemical purchasing policies. Loading and unloading bulk materials. Guidelines for staff to dedicate a percentage of their time to vehicle and equipment maintenance. Specific directions on how to use the municipality's vehicle wash area. Spill Prevention Control and Countermeasures Plan. Page 4 of 4 11 11 a Contractors Bonding and Insurance Company r 3101 Western Ave., Suite 300 ---7 Seattle, .VA 9811_I POWER' OF;'ATTORNEY Contractors Bond►ng'and Insurance Company • Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That Contractors Bonding and Insurance Company, a Washington corporation, does hereby make, constitute and appoint: W.R. Withrow Tyler Withrow, Megan A Brown jointly or severally in the City of DenJer State of Colorado its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred; to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million and 00/100 Dollars ( $10,000,000.00 1 for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The Contractors Bonding and Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of Contractors Bonding and Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the All name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WCINESS WHEREOF, the Contractors Bonding and Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 30th day of November 2012 Contractors Bonding and Insurance Company sp State of Washington ) ��,� ••; �7G9.;.�•b+Roy C. Die Vice President SS County of King J} •os+�� r� ��w. u�On `'�o �, CERTIFICATE On this 30th day of November 2012 before me, a Notary Public, personally appeared Roy C. Die , who being by me duly swom, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. eph Buller Notary Public Notary Public Slate of Washington JOSEPH B. MULLER My COMMISSION EXPIRES March 29. 2016 1, the undersigned officer of Contractors Bonding and Insurance Company, a stock corporation of the State of Washington, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the Contractors Bonding and Insurance Company this 24th , day of ,Tang rare , 2014. Contractors Bonding and Insurance Company Roy C. Die Vice President 0575578032912 A0059511 CONTRACT DOCUMENTS TABLE OF CONTENTS BID INFORMATION Section Pages 00300 Bid Form 00300-1 - 00300-3 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 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,ElDal Acceptance 00640-1 00650 Lien Waiver Release (Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS n LJ • • OP ID: NR r L `� ,4141 CERTIFICATE OF LIABILITY INSURANCE D011212014Y) 01/28/2014 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(les) must be endorsed. It 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 PFS Insurance Group - JT 4848 Thompson Pkwy, Ste 200INC.No: Johnstown, CO 80534 Tad Barrett CONTACT NAME PHONE FAX E-MAIL ADDRESS:PRODUCER CUSTOMER ID s: VOGEL-, INSURERS AFFORDING COVERAGE NAIC r INSURED Vogel Concrete, Inc. INSURERA: Auto Owners Insurance Group 18988 6330 5 College Ave Fort Collins, CO 80525-4044 INSURER e: INSURER C: INSURER D: INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF NSU RANCE 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 MAYHAVE BEEN REDUCED BY PAID CLAIMS. LNR TYPE OFINSURANCE ADDL SUBS POLICY NUMBER POLICY EFF POLICY EXP LIMITS A GENERALLIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X bink addl ins 74037316 01/172014 01/17/2015 EACH OCCURRENCE $ 1,000,00 PREMISES Esoccunence $ 300,00 MED EXP(Anyone person) $ 10,00 PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GENT AGGREGATE POLICY X LIMIT APPLIES PER: PRO- JECT LOC PRODUCTS-COMPIOP AGG $ 2,000,00 $ A AUTOMOBILE JX LIABILITY ANY AUTO ALL OWNED AUTOSBODILY SCHEDULEDAUTOS HIRED AUTOS NON -OWNED AUTOS 709905200 01/17/2014 011172015 COMBINED SINGLE LIMIT (Eeaccident) $ 1,000,00 BODILY INJURY (Per person) $ INJURY(Per accident) $ PROPERTY DAMAGE (PER ACCIDENT) $ $ E A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMSMADE 7-099052-03 01117/2014 01/1712015 EACH OCCURRENCE $ 1,000,00 AGGREGATE S 1,000,00 DEDUCTIBLE RETENTION S $ $ WORKERSCOMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIEfOWPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) Ityes. describe under DE SC RIPTIONOFOPERATONSbolue NIA WC STATU I OTH- TORY LIMIT ER EL EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ EL. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACOR0101, AddlUonal Remarks Schedule, IT mare apace la required) RE7290 Crack & Seal Fill Project - If required by written contract or written agreement, The City of Fort Collins is included as additional insured for ongoing operations under General Liability and Designated Insured under Automobile Liability. FORTCOL City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522-0580 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD All rinhts I__ a ACORO r = CERTIFICATE OF LI�AB.I�LITY INSURANC.E§.C. . s �� DATE (MHVDII Y); 1/24/2D14 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' EXTENDI OR'ALTER:THE: COVERAGE 'AFFORDED BY'THE POLICIES:( BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE�A-CONTRACT BETWEEN THE ISSUING' INSURER(S), AUTHORIZED PRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.11W.. ORTANT: 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 Co West Insurance Associates P.O. Box 101387 Denver CO 80250-1387 CONTACT NAME: CoWest Associates PHONE . (720) 524-9344 AIC No: (720)524-9352 E-MAIL INSURERS AFFORDING COVERAGE NAICN INSURERA:Plnnacol Assurance 41190 INSURED VGL, Inc. 6330 S. College Ave. Fort Collins CO 80525 INSURER B : INSURER C: INSURER D: INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NHMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVATHSTAN DING 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. INSft LTR TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POLICY EFF MMIDD"IYYY POLICY EXP MMIDD'YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES Ea N occurrence $ MED EXP (Any one person) $ CLAIMS -MADE OCCUR PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE S GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ POLICY PRO LOCECT $ UTOMO®LE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) S ANY AUTO ALL OWNED r7 SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NOWONMED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE S EXCESS LIAB CLAIMS -MADE DED RETENTION$ S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I NDRY ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? ❑ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 4102132 /1/2013 /1/2014 X WC STATU- OTH- E.L. EACH ACCIDENT $ 100,000 E. L. DISEASE - EA EMPLOYEE S 100,000 E.L. DISEASE -POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) •City of Fort Collins 300 Laporte Avenue Fort Collins, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACUKU ZS (21.11U/05) INS025 (201005) 01 .R. Withrow/LLA ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 0 U • SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 7290 Crack Seal & Fill Project 2014 Renewal PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: Vogel Concrete Inc. CONTRACT DATE: January 16, 2014 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 REMARKS: AUTHORIZED REPRESENTATIVE DATE is SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 20 TO: Vogel Concrete Inc. Gentlemen: You are hereby notified that on the _day of 20_, the City of Fort Collins, Colorado, has accepted the Work completed by Vogel Concrete Inc. for the City of Fort Collins project, 7290 Crack Seal & Fill Proiect - 2014 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 January 16, 2014. 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: Vogel Concrete Inc. (CONTRACTOR) PROJECT: 7290 Crack Seal & Fill Project — 2014 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 ATTEST: 20_ CONTRACTOR: Vogel Concrete Inc. 0 Title: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this U Witness my hand and official seal. My Commission Expires: 0 day of Notary Public 20_, by_ SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Vogel Concrete Inc. PROJECT: 7290 Crack Seal & Fill Project — 2014 Renewal CONTRACT DATE: January 16, 2014 In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , 20 (Surety Company) ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. 0 0 •DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232-2416 0 ON CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) Period 0170-750 (999) $0.00 89 - C®'NTRrACT®..OR INF®�RMAtiTAAA�I®N 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: c n opie or contract-or �Coples of contractor agreement pages EXEMPTION INFORMATION and (2) (1)<identifymg.thecontracting parties tract be4a'ttached. contalmng signatures of'co ng parties mus�`t Name of exempt organization (as shown on contract): Exempt organization's number: 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: - Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County lies) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date I completion date: I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer: Date: DO NOT WRITE BELOW THIS LINE Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime subcontractor involved in the project and name and address and signing it. contractor should make a copy for each complete it by filling in the subcontractor's 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 00020 INVITATION TO BID E 0 E SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL .CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION 'CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC No. 1910-6. (1990 Fdition), as a base. Changes to that document are shotm by underlining teat that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODMCATIONS (I2EV 9/99) 0 • 9 0 Articleoi Parallriiph N=lb-cr,& Title TA13LE OF COMfENTS Or, GENERAL COMMONS Page, Article:or Paragraph Number l4innberl, Title 1. DEMNMONS IY Addenda 1,2, A grecra ent�.., ...... ........... ....... L3 Application for Psymenk .... .......... j ]A Asbestos, ... ............ .5 Bid IA Bidding Documents::, 1;7 Bidding Requirements' ....................... _1 1:9 Binds.: ................... 1.9 Chla.ngS Order' ' ............. .:... 1:16 .Co ............ 1.11 Contract P,iicc� Lb, ontmcijmies 1:13i CONTRACTOR....:- ........:.4 1.14 ,PACTOR.. 1.15 Drawings A; ... %W ... -:-1 1.16 Effective Date of the Agreement,,,......., I 1.11, E;46MBER , I Lls ENGINEER I� ur6u tan 19 Field'Order... 1.20 General Wquirements, I 4i Hazardous:Waste. .- ------ .................... 2 1.22.i r Lim giad Rcgulat.a s; Laws or Regulations ........................ .�.2 1-22.b '.2 E23 Liens ... ...................... 1.24: ..... ..... _ -, - ........................ I J5 Notice I12I6 Notice to Proceed ... L.27 9 R 1.28� .......... 11-1 ....... Utilization................................2 L29 PCBs,:.* ............. * ...... ......... 13 ' 0 Petroleum , roleunt .. .... ....... 1.31 132,a Radioactiv lbt erial :2 2 132.6 Working Hours ............... 12 1.33 =1 -projectkeprSlera aIivc ............ 134, Samples..............................................2 1.35 Shop Drawings ... ...... I ............. �2 L36 Specifications....., Ications ........................... 1.37 Subcontractor 1:38 Su6stant0"I C,am"'p-leticak q I.i Supplementary Conditions ry � I 1.40 Supplier ............. ............... 1.41 ,, ' linder,grd oun Facilities ........ ..... ...2 .-3 lAT ,Unit: Prim Work........ 1143 Work 1.44 Work Change DiAC&I'vc.-- .. .............. 3 1.45- Wrhten ArdendmenF .............. 6... ......... IM Page, Number PIRkIMNARY, MA T T 'ERS .... ...... :I_ ................. 3 2.1 Delivery of Bonds ............................. 3 2,2 Copies of Documents -.,;} 23 Commencement cfContiaci Times; Notice to Iyocced 2A Starting the Work ............................3 2,5-2.7 Before I Shirting art . ing Construction; I 2.8 2.9 3. CONTkACT DOCUMENTS: MENT, AMENDING. REUSE,_ - ........ 4 Intent 33 Reicre`h­6'e` tb,Stindaids and Speci- fications of Technical Societies; 'Reporlinj and Resolving Dis- crcpancies 4-5 3.4 lntcnt of Certain Torras or .................. 5 3 Amending Contract Doctments 5 3.6 Supplementing Contract .* .Dm�rmcpts .... ; ........ .......... 5 3.7 Reux of Dmumcnis ........................ 4. AVAILABILITY OFLANDS; 4.2.3 4.21.4, FNGTINEERs Rcvi-ew .............. - ...... 4.2;5 Possible Contract Doc=iients Change............. ........... 6 4.2.6 Possible Prim and Times - Adjustments 4.3 My.iiml'Conciti6n,s--Undcrgr6und Facilities,,,,: . ........................ %-.7 43 1 Shown or lAmt-cd.,,, 4.3.2 Not Show ' n or In dicate4 ................... 7 4.41 Reference Points,,,,., .................. ; ... �3 EX3M.GENERALOOMITIOM 1910-8(1990 FbITIOM .1/. CITY OF FORT COLLINS MODIFICATIONS (REV 9/99), Article or Paragraph Number & Title Page Article or Paragraph Number Number B: Title 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material....................?-8 .BONDS -AND .INSURANCE ...... :........................... .8 5.9-5.2 Performance, Payment and Other Bonds., ....................... ....................8 5.3 Licensed Sureties and Insurers; Certificates of Insurance .................... 8 5.4 CONTRACTOR's Liability 1 nsurance..........................................9 5.5 OWNER's Liability Insurance.........:...9 5.6 Property Insurance ..........................9-10 5.7 Boiler and Machinery or Addi- tional Property Insurance ................. 10 5.8 Notice of Cancellation Prmision,. _.._,_. 10' 5.9 CONTRACTOR'S Responsibility for Deductible Amounts 10 5.10 Other Special Insurance,,,- .... J0 5.11 Waiver of Rights,,,,,,..... I...,,,,,,,,,,,;,,,,11 5.12-5.13 Receipt and 'Applieation of Insurance Proceeds..................... 10-11 5.14 Acceptance of Bonds and Insu- ance; Option to Replace...................11 5.15 Partial Utilization --Property Insurance . ......... :........ I.................... 11 6. :CONTRACTOR'S RESPONSIBILITIES ............... I I 6.142 Supervision and Superintendency...._. 11 63-6.5 Labor, -Materials and Equipment .„i1-12 6.6 Progress Schedule,,,,,,,,„, .........12 ,6.7 Substitutes and "Or-Equal"Items; CONTRACTOR's Expense; Substitute Construction Methods or Procedures; 'ENGINEER'S F.valuatioq__._..,.._12-13 6.8-6.11 CohcerningSubcontraclors, Suppliers and Others; Waiver of Rights ........................ 13-14 6.12 Patent Fees and Royalties .................. 14 6.13 Permits._ --- .................................. 14 �6.14 Laws and Regulations,,;,,;, ... _.... 14 6.15 Taxes:..." ..................................... 14-15 6.16 Use of Premises ... :.............. ........ .... 15., :6.17 Site Clean! . Ines; ............................. 15 .6.18 Safe Structural Loading....................J5 6.19 Record Documents, ...................... 6.20 Safety, and Protection ....... ......15-16 6.21 Safety Representative ................... J6 6.22 Hazard Communication Programs,,,,,, 16 6.23 Emergencies ..................................... 16 6.24 Shop Drawings and Sam plcs..............16 Page Number 6.25 Submittal Proceedures;CON- TRACTOR'sReview Prior to Shop Drawing or Sample Submittal 16 6.26 shop Drawing&Sample Submit- tals Review • by. ENGINEER,,,,,, 16-17 6.27 Responsibility for Variations From Contract Docum ents...... *,,,;,17 6.28 Related Work Performed Prior to ENGINEER'S Review.and Approval of Required Submittals ::..::................:..::........ 17 6.29 Continuing the Wort .....................17 6.30 CONTRACTOIes General Warranty and Gusrantee............._17 6.31.6.33 Indemnification ...... . .............. . . ..17-18 6.34 'Survival of Obligations,,;,,,,,,,;,,,,,;,; 18 7. OTIIER WORK ............:.. r...:......:..... .:.....r18 7.14.3 Related WorkatSite ....................... IS 7.4 Coordination:_:.,: ..::...::.::. 18 S. OWNER'S RESPONSIBILTPIES...... ..............I S 8.1 Communications to CON- TRACTOR................................. 18 8.2 Replacement of ENGINEER, ........... 18 8.3 Furnish Data andPay Promptly When Due .....:............................ 18 8.4 Lands and Easements; Reports and Tests... --- ......... ...............18-19 8.5 Insurance ..... ...:.:..... ... ........... 19 8.6 Change Orders, ............................... 19 8.7 Inspections, Tests and - -- Approvals ................................... 19 8.8 .Stop or StispentlWork; Terminate CONTRACTOR's Services......................................19 8.9 Limitations orr OWNER'S Responsibilities ......................... 19 8.10 Asbcstas; PCBs, Petroleum, Hazardous Waste or Radioactive Material .............._19 8.11 Evidence of Financed Arrangem ents................:..:..:.. _: J 9 9. ENGINEER'S STATUS DURING CONSTRUCTION.., .... .._......... ....._........:.:......19 9.1 OWNER's Representative ................ 19 9.2 Visits to Site,.;,,,, ...::........1.19 9.3 Project Representative ...............19-21 9.4 Clarifications and Inlerpre- tat ions ........................................ 21 9.5 Authorized Variations. in Vbrk... :..: 21 1561k OEHI AL CONDITIONS 19104 t1990EOITIOM a/ CITY OF FORT COLLINS MODIFICATIONS (RF.V 9199) .Article or. Paragraph Number & Title .Page Article or Paragraph Number Number &Title 9.6 Rejecting Defective Work 21 9.7-99 Shop Drawings, Change Orders - and Pay7ltems ..................................:. 21 9.10 Determinations for Unit. Prices_„-„ 21-22 9,11.9.12 Decisions on Disputes; ENCr1- NEER as Initial Interpreter„ ......,,,,;22 9:13 Lim itatmns on ENGINEER!s Authority and Responsibi litieg,,,, 22-23 CHANGES IN THE WORK-...,...............................:::23 16.1 OWNER's Ordered Change ........ .......23 14. 10.2 Claim 'fot Adjustment ............... ..... _23 10.3 Weak Not Required by Contract Documents .:.:....:................ ........ .. ....-3 10.4 Change Orders,.: ............................. 23 10.5 Notification of Surety ............... __ _.,23 CHANGE OF CONTRACT PRICK 23 11.1-I1.3 Contract Price Claim for Adjustment; Value of the Work ... ............................... 23-24 11:4 Cost of the Work, .........................24-25 11.5 Exclusions to Cost of the Work .......... 25 Il.6 CONTRACTOR's.Fee.................... `25, I L7 Cost Records 25-26 11:8 Cash Allowances. �.... .......... ,.... .26 11,9 Unit Price Woik........... _.................. 26 15. CHANGE OF CONTRACT TIMES., ......................... 2t3 12.1Claim for Adjustment................... _„ 26 12.i Time nethe Essence............:.............26 12.3 Delays Beyond CONTRACTOR'S Control ................................... .... -26-�7 - 12.4 Delays Beyond OWNER's and -CONTRACIORs Control ............ :... 27 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF .DEFECTIVE WORK ....... ................................._27 13.1 Notice of Defects...............................27 13.2 Access to the Workk ........... ................. 27 13.3 Tests and Insee6ti6n`si - 13.4 OWNER's Responsibilities; - Independent Tesiing Labomtory,,,.,,_27 13.5 CONTRACTOR'S - 13.6.13.7 Approval............ :... 27 13.8-13.9 Uncovering Work at ENGI- Page Number NEER's Request .....................27-28 13.10 OWNER May Stop the Woik.... ,..:,.28 13.11 Correction or Removal of Defec6ie Work ..;:..,. „ - , ,28 13.12 Correction Period ; 28 13.13 Acceptance ofDe'fecriveWork ..... _... 28 13.14 OWNER May Correct Defective Work.. 2 8-20 PAYMENTS TO CONTRACTOR AND COMPLETION ..:...:..:..:..............................::...:. 29 14.1 Schedule of Values, ........................ .29 14.2 Application for Progress Payne ent..................................... 29 14.3 CONTRACIOR's-Warranty of - Title:....:.:...:........................:...:.:29 14.4-14.7 Review of Applications for Progress Payment;,,,; ,,, ;, 29-30 14.8-14.9 Substantial Completion 30 14.10 Partial Utilization ...........:........:303t 14.11 Final Inspection .............................51 14.12 Final Application for, Payment ........ 31 14.13-14.14 Final Payment and -Acceptance,,,,,;. 31 14.15 Waiver of Claims SUSPENSION OF WORK AND TERMINATION .:::..;.- ;,,................. 32 15' 1 OWNER May Suspend Work .........32 15.2-15.4 OWNER May Terminate,,, ._,_,,. 32. 15.5 CONTRACTOR May Stop ' Work or Tcrminste.................32-33 16, DISPUTE RESOLUTION _.. _.... 33 17, MISCELLANEOUS._.......................................33 17.1 Giving Notice ..... ...:...................... . 33 17.2 Computation of Times,..... ; ,33 17.3 Notice of Claim 33 17.4 Cumulative. Remedies..,,_,,. .....;,._; .33 17.5 Professional Fees and Court Costsincluded......................... .;33 17.6 Applicable State Laws„ ............. 33-34 Intentionally left blank;;,,,;;,,,,,,,, EXHIBIT GC -A: ;(Optional) Dispute Resolution Agreement ,_,,,,,,,,,,,,,,,_;GC -Al 1&1-16.6 Arbitration,,,,,,,,,,,,,,,,,,,,,,,„.,;GC-Al 16.7 Medraiion ,,,,;,,,,,,,,,,PC -AI LWDC GENERAL CONDITIOM 1910-9 (1990 EDITION) W/CITY OF FORTCOLUNS MODIFICATIONS (REV 91") TNDE,X TO GENERAL COMMONS ,City of Foh.Cal I in-s modifications to the Generil:Conditions; of the Constmetiori Contract are not shown in this indes Article or Paiigriph Number nsumnw ... ....... ...... 1: ....... 14 irk 10AA, 115, 13:13 at ........ ............ 14.15 ......................................... byCONTRNCTOR.j .......... "' _j .. ........ to the-- 4.1 7.2 . .......... .132, II 14. 14.9' lets and Om issions.. .... 11:6, 1:10. 6.1 q, 1.1 5.7 tiiritract Firice or Contract Time. ..................... )5, 3.5;4.1.,4.3.2J 4:5:2, 4, ...................... ­.; ...... 15.1 pr6gress schedulq ............................ .6:6 Agre,cmmt-- definition o( ............. I .......... I . .......... . ........ ........... 3.2 "All- Risk'Jitstirafic I e, I polic"y farm. ....... 5:6.2 Allowances. cash .... ................................... _ ......... jl,a Amending Contract Do6umlcnt;,: ....... ....... ;­t��';.,_;. 3.5 Amendment; Writt6-- iri general ....... : ...... 101.45,13.5, 5.10, 5.12, 6.6.2 6.8.2, 6.19,10.1. 10.4; 11.2 .......... ' '_j 1-3 12 2' 14.7.2 ...... Appeal, OWNER:ur CONTRACTOR intent to... : ............... 16, 9.11 j 10.4. 16.2, 165 Application'far Pa)sncnt­ onof ......................................................1.3 UETURmlionisibility ...... ,: ........ I .........99 lyment .............. _:9.114, 9.13.5, 14.12 14. 15 rat ..................... 2.8, 2.9. 5.6.4, 9.10, 15.5 a payment;:...,.. ......:. of ............. t.-RI.I.W11.1 .............. .,14.4-14.7, ....................................... 16.1-16.6 pursimpt thereto ......... .Work._._.,,.,._.4.5.2, 41-5:3 LkCTORa�to stop 4S2- nof ...... :; .......................... ; ................ :-A.4 Article or Patagra , ph Number Did --definition of.........................1.5 (1.1, 1.10, 2.3, 3.3, ..................... 1.2.6.4, 6 13, Bidding Daum ents,definition of ............................. ).6 (6.x2) ,BiddiiiiRequirements'-delin'ttm.i" of ..........................................1.7 (I. l,'4.2.6.2) .Bonds -- acceptance of ......................................... .......... 5:14 !additional bonds,;;,,,,,,,;,,,,,,,,;,,,;,;,,,;,,,,10.5, ll..4.5.9 Cost orihe work ............... 11.5:4 derinition o(........ :.:.............. ...... ........... J.g :delivery .. ................ ...... 1. 5.1 final Application for Payment;_„_„__,_ ........ 1411 i-' 14:14 �Scncral ....... ; ......... 1.10, 5.1-5'3,5:13. 6.5_14.1J6 Performance -Payment ' Bonds and Insurance --in general ........... I .......... guildeds risk 'all-iisk':policy fon�'�­:, .... ­ ...... .... 5.6.2 :Cancellation Provisions, Insairan.pe-, . 5.4.11, 5.8"SA5 .caidi Allo%mnccs 1:8 Certificmc of Sulistantial Coin - pletio4 .... 1.38,16.30.2.3. ............. Certificates 6f Inslie6tion. ........ _9)3'4 13.5, 14.12 Certificates of Insurance ............. ;2.7, 5.3. 5.4.11, 5.4.13, ....... ........ 9.13.4, 14A 2 Change in Continict Price - Cash Allowi�qncits ....................... L8 claim f- piicc I 03� adjustment,,:,,,,,,,,, 4.1. 4.2.6, 4.5, 5.15, 6:8.2,9.4 ........ .... 9.5. 9.11. 16.2. 10-5: 1 U 13.9. ,,,_,_................. 13.13. BA4.143.:15.1. 15.5 'CONTRACTOR'S ice .,.* ............................ ....... 11.6 Cost of the Work ; IA-1 1.7 to,:............................................. 11.5 ............ ............ 11:7 10 1.1% 1,44,9.11, 10:4.2_ .4.3,,1i 1- -.1 ....... ..................... ............... Testing and Inspection, Uncoverine the Work 13.9 E)CDC,01INUM CONDITIONS 191" (IMEDITION) CITY OF FORT COLUNS MODIMCAMONSMV 9199) 0 • 0 Unit Price'Work, ..119 Article or Paragraph Niunbeli Valwilof Work.., ... : ................ ;.; ......... ......... ...... j 1.3 Change in Contract Times - Claim for times adjustmcnl ....... 4.26.,451,5.15, ..." ....... 6:18.2; 9,4, 9.5, 9) 1, 10.21 10.5. 12.1. . . ...... ... 13.9. 13.13. 13.14; 14.7; 15. 1, i5.5 Convutdal flitie'limilA ... .... ;..I ........... ............ 12.2 11 Claims-, against against against 0 ...... ............ 113 mtrol.....: ..... , ..... 12.4 .......... 10.5 ...... .......... ; .... )0.4 ............ ................ 5.13, 10.5 urracc�nnd, ...... ............... ........... 4.2 aground ............ ....... 4 1,3 Documents........_......._.... .................. is, 19 I CC1 mng4z-, .... ...... : .. J0.3-10.4 Its ..................... ................ ...... 163J, 6.8.2 ce Work .......................... .... 11.9 Work, Covered by.. .... ......... ................. 11.3 ......................... 10.4. .......... - I .... ...... . 10.2 .... ....... 103-10.4 616 632 ......................... 9.1,11.2 9.4. 121 CONTRACTORS Fee 1.6 Article or Paragraph Number liabifity:,:., ...;5A, C IZ 6.16. 6.31 ................................ 11.4,11..S ute4 ............................... 9:11, 9.12 EN,,GfN,EE.R,a,s initial interpretoT., ..... 1 . Lump Sam Pri i j 1.3.2 N ice t' Ot 0 OWNER's ............... PA, 9.5, 9.1 L 10.2, 11!2, 11.9 ...... 13.13, 13.14, 17.3 OIAINER'sliabilit y 5.5 I 'a'i. . y refuse to make paymcfit .................)4.7 OWNER Professional Fees and Court Costs lncluAod -i 17.5 request far fi�rmal isl 6h ".q &c Substitute Items Ti6eExt-6siun ... ....... .. ...... ... Tintexe,quirements ................................... ],;12 1 lcationsend Inte*aatiOns-... 3.6.3,9.4,49.11 Site _- ... .... 6.17 of Technical Society, 6,,&amLt,dn- Association 'encement of.Contract Timel ......... ....... :: ........ ?3 lunications- i" '*"*.... ; ...................._: 02. 6.9.2A 1 ctardCommunication Programs...... . .............. Ich on-- aal Application for Payment.., ....... ............. 14.12 mal I rispection j 4.11 ial Payment and Acceptance: ... ;14A-14.14 dial ulihn'tipp, .................. ........................ 14.10 bstantialcompletion....:, : ...... 1.38, I'4g-I4.9 aiver of Claims ............................................ )4.15 utation af.Tim ca ............. ........ _,172.1-17.2.2 :ming Subcontracti;rs, SuOplitiri bilter's ........................................... ; ...... P.8-6.11 rences- iially acceptaSle schedule4 ... ; ...... ;':- ............... 2.9 :constriction. ............. ........... C.1.1 grror, Ambiguaty. Discrepancy- )NTRACTOR to kTi)rt':.... ruction, before starting by )NT"CT& 2.5-2:7 ruction Machinery, EiIuipment. etc .: ............... :6A ruing the' Work ............... ... 6.29. 10.4 .2. 11.9. 12:1. 13.9. 19.8, Amending..........................................................3.5 -15.1, 15.5, 17.3 Bonds rica- m-Nmut. cominom 19104 (1990 MMOM W CITY OF FORY001.11INS MODMCATIONS (REV 9t"), `Cash Allowances., ....... . ..................... 1L8 Article or %mgraph Number Change of Contract Piioq ........................ ............ 11 'Change Of Contract TirneA. ........... I ............ I ......... 12 ,Changes in the Work,,,, 16.4-10.5 hck�mrd verify .............. I ...................................2.5 dlailf-imtions and Interpretationq,., ....... s ............. 3 2. 3.6, 9A, 91.11 definition o I ................ 1.10 ENGINE�.,'Rasjniii h' f , , !at interpreter o........ .......... , .�q, 11 ... ,W6fhlhliR as OWNFR's repiescritativq ............. 9.11 ;geficfnl3 Insurance............................................................ 53 ijntcn w I ............ 3; 1 -3.4 e I car ............ .......... in mor variations inIth Wort-..:'.... bAgRs responsibility to ftirnish data ............. :8.3 resporisibility to make prompt payment ........ ...... ........ 14.4,14.0 pncedchccj ............. 1. 3.3.3 Ilfiit Price Work., ............... ...... ................ JQ variations ........ . ..... .......................... 3.61 6.23:6.27 Visits to Site, ENGINEERS ...... ........... ; ..... 9.2 Contract Price — adjustment of.............1.3.5, 4.1, 9.4, 10.3. 11.2-11.3 ;Change of, .......................................................... I :Decision on Disputes:.:.. ....... i ........... : ........... :9� 1,1 definition ol] .......... ....... ....... of .... : ............... ......3.5, 4.1, 9.4, 103, 12 ..................... ....................... 12.1-12.4 merit ........ —:..f .............. -.2.3 If_ ............ .................................. 1.12- !5.2. 6.9.2 .�",.u., .� ............. ; ........... v ....... ;-.. ........ Limited Reliance on Techfiical Data Authorized_.,;_ ........................... May Stop Work or Terminate :............. ............. 15.5 provide site access to oihe m, ........................ :7.2,13.2 Salety:and Protection,,,,,,,,,,,,,,,,,,, 43.1.2, 6.16. 6. IS. ........ I .......... I ....... ..... 6.21-6.23; 7.2. 13.2 ,Shop Droning and Sample Review prim to SUhniiw......................................_Az vil SmpWork rcifuiremcnts, ..... -- .......... ..... A5.2 ':CONTRA(.TOR's- Art icle'or Paragraph Number ..Compensation._..... ............ ..... : ........... �l 1.11.11.2. 'Continuing Obligatioin, ... .............................. . 141.15 efe .............. ................ :9.6I 11.10-13.14 Defective Duty to correct difective Work,,,,,,,,,,,;,,,,,,,,,,,,,, 13.11 Duty to Report — Changes in the Work,caused by FmcrScncy ...... .. : . .........6.23 Defects; In woik of Others ........... Dider inig condition;,,;,,,;;,,,,,,,,,,,,,,,„:.„--,,,, Discrepancy in Documerits ... 2.5,,3.3.Z 6.14.2 Underground Facillh,:s' not in led .......... :,4.3.2 Emergenci . es ............................ ...................... :J.23 Hquipmcrrt and Machinery Rental, Cost of the Work 11:4.5.3 .Fee --Cost P'lus 11.6 Gene riil Wiurirumy"aodl Guarauitei,:., ... ............ 10.30 of Intent to Appeal:....: : .................. 9.10, 10.4 imi to perform and complete Work— .. ........................................... 6,30 Ji"s and Royalties, paid for by ................ , 6312 nance and Cabei Bonds. , 53 obtained and paid for by ............ .......... §.13 0.4,15.23 .......... in the Work 10.1 rig Subcontrictors; Suopiliers CONTRACTOR's "pense .................. ........ c6l,itkAcToks dcn6rai warranty and Guarantee. .............. * ............... 6.30 CONTRACTORs review prior to Shop Drawing Or Sample submittal.., .......... ;.., 6.25 Cournlinartion'ofWark ... .... 6.9.2 Emcrgencios,......... ... 6. i3 ENGINEEKs evaluation. SuWittifes or 'Or -Equal" , Items,_„,,,,; I 6-73 For Acts.. and Omissions of Others :0.9.1-6.9.2,9A3 ruct)c DEN m-AI, CONDITIONS 19104 (IMEDITION) wt CITY OF FORT COLUNS MODIFICATIONS (REV 9199) 0 0 0 • Labor Materials and Equipmeal .. ,...... 6.3-6;5 CONTRACTORS -mother ,..,_..:. ,-,,...:7 Lawsand Regulations_.,----- ,.._._:.6.14 Contractual l.iahility Insurance; �$4d0 Liability Insuran, .......... .......................4 Contractual Time Limits-,,,.,,., 12:.. !Article or Paragraph Article qr.Paragraph Number' - Number Noticc'of.veriation fromContract {tits, . ........ .................6.27 and Royalties:._ .......................¢. 12 .::.., .....:... .... .......6 13 tedule ,.... _...... ..,....,6.6 iinctits ,,_;;,6. 19, < performed prior to fiER's approval of required its:............................................6.28 HI loading-;.:_._,...............6. 18 rotection �:,.. , 6.20, 7.2. 13.2 .....:.:.,:...............:.........:6.26' ....... 6.17. .. .,.:.:, ......,. A.25 non methods - -Equal' Item4:.............0.7.1 CONTRACl;OR's. responsibility ........;, ¢.9.2 Copies oC Documents, ........, 2 2 Correction Period ;;. .::..... :...... 13:12 Correction, Removal or. Acceptance of Defective :Work, in general..., ,„ 104,1; 13101314 AoceptanceofDefecniti,,Work 13.13 Correction or. Removal of - Defective Wort. ......,,,,,,,;;,,,, ,,fi.30, 13.11 Correction Pcriod _ ......._.. OWNER May Correct Defective Work. ......... ....J3.12 --- 13:14 OWNER MW Stop Work .:.................::. ;........13.10 Cast -- of Tests and Inspection$ ..... :. . ..::............ I3.4 .additional J1A.5.9 j 1;42 .............. ........... ........ .:...:11.6 ............. :..:::......... :...::..... 11.5 icad expenses ... :::::...:...... :.11.5 Tests and Inspection; -,,: ... .... ........ 13.5 Materials and equipment.,,,,, ; _ ..................11.4.2 To Report ............................ 2.5 Minor, expenses........................... . j 1.4.5.8 Use oC Premised ,..:..,616,618. 6:30.2.4 Payroll costs on chenyey;;, ;,11:4.1 .Review Prior to Shop Drawingor performed by5ubcontroctws .......... ,,,,, Sample Submittal .;,;; ,_,;,,6.25' Recordsl�l;7 .Right to adjustment Car change4 in the Work.:...10:2 Rentals of right to claim,,,,,_,,, 4, 7.1, 9.4,.9.5, 9,11, 10.2,11.21 ,nstructionequipment, and machinery ...... ,,, _, 1, 1.4.5.3 14.81 15.1. 15.5, 17.3 Royalty payments, permits, and ,,,_ " 'Safely and Protection „.. 6.20-6M. 7.2, 13.2 license leer ,,,;...... „ 11.4.5:5 Sates Re resintative Y P - ....... - ....... 6.21 Site office; and temporary Cacihtiea,. ......... ::,11.4:5.2 Shop Drawings and Samples Submittals..... .24-6,28 Special Consultants, CONTRACTOR, 5...........11.4.4 Special Consultants- 11.4A _.................... Supplemental ........................ ..11.4.5 .Substitute Construction Methods acid Procedures„6.7 Taxes related to the Wont.,,,. ,,,,, ;:... 11.4.5A Substitutes and "Or -Equal" Items; Tests and Inspection ......... - ......13:4 Expenx ,:,;:,. -,: ,,,, - - 6 7 1,6.7.2 Trade Discounts „:,:; _ 11 4:2i . _ 'Subcontractors, Suppliers and Others_ „_ ,.6 8-6 I I Utilities, fuefand sanitary facilities ......... .11.4.0 Supervtston and' Superintendeneq. 61, 6.2; G.21 .. Work after regular .hours ...... ..... 'Taxes, Payment, Covering... . 136-13,7 emises 616-61R of ties ,. anve Remedies. 174-175. WarranUse and uaraniees g ........ ...... 6?, 6.30 Cuuin , fitting and patching,,,,, 7 2 Wananhy of Titlq... . ..................... I ........... 14.3 Datn, to befuniished bg'OWNER Written Notice Required--=- - - Day —definition of, ,,,,,,,,,,,,,,,,,,, . ,.,,. ,17.22 CONTRACTOR stop Work or terminate:;,,,,..15.5 Decisions on Disputes-,,,:,,-:,,,;,;,;,,,,,,,;,,,,;,,;;,,,r :11, 9.12 - Reports of Differing Subsurface - defective -=definition of ,..::.. :::..:...,.:1:14 -and Physical Conditions......._...._........ 4.2.3 defecnve3Vork-- Subuantial Completion.. .... ..... :... ........... 14.8 Acceptance of:,,....,,.. ,; _...,.10.4:1, 13:13 'Nil ,EJCOC OCt(6RAL CAImITIONS191a-8 (199a.®ITiON) w!CiTY OF FORT COLUNSMODM ATIONS(REV9l99), 'Corre6tion or. Removal of It) * 4.1, 13:11 'Correction Period ................ .... J3.12 'in general ..... I ...... 4- ....... W.v ........ -13, 14,7.. 14.11 Article or Paragraph, . Numbei bliservation li ;ENGINEER__,-_„-,--,-_„,,,,,,,,,,,,,, 9.2 .OWNER May Stop 'Arini ... ........... 7 : .....1.3.10 '"' .Prompt Notice of Defects..... .......... ................... 13.1 Rejecting, ....... .... .......... :9.6- ,Uncover' ......... 8: .... ..... uctays ...................................... 4.1, 6.29, 12:3.12 4 Delivery of Bonds ......... .. .. .... ...... ...... Delivery of certificates of insurance ................ .......... 2.7 Determinations fur Unit Prices,-„_..........; ................ 9.10 Differing SO=rfiace or Phvsical Conditiqn,-." Notice of--, -, ........................... ...... 4.2.3 ENGINEER'S Rcvic' . .... .................. .: 4.2.4 -W... Possible CI mtract Documents Change, „-, 4.2.5 Possible Price and Times Adjustments .... 4.16. Discrepancies -Reporting .and Riisohiinj ...... 6.14.2 Dispute Resolution-- .............................................. 1 �Agrccmeat, )6.1-16. 6 Arbitration ......... .. .. ...... -163A6:5 gencialliS - -Mediation .................. ; ........ 166 Dispute Resolution Agreement ................ !...J(5.1-16.16 Disputek Decisions by ENGINEER:', .............. :;.q. 11-9-12 Documents- C ics of: ................. ofm ............. ............... _;1-2 Record 6 Iq 'Rilsii of : ... q ..................... ............... L?rawings,-dpf-jo or.of ........... ......................... ... J715 .Easements ...... : ....................... ............ ................ :4.1 .16 Effective date'Of Agrcernent,- definition of.� ...... Emergencies..- ... 623 ENGINEER-- as initial interpreter on disputes,,,,,,,,,,,,,,,, Q. 11-9:12 definition of ........ .............. ; ................... 1.17 Limitations on authority and responsibilitiq ...... 9,13, HNEERs Consultant definition of ..................1. authority and responsibility. limitations on ..... ... 9. Authorized Variations idthe Work .... ........ Change Orders. responsibility for....., 9.7. 10. 11. Clarifications " and Interpretations .. .............. 3 6 ; 3' I Decisions on Disputes,,- -,,.... I ........ �9.1 I ii defecti ve Work, notice of, ...... ; ....... Eiiihiation of Substiiute Iti:* ........ ................. 0.- Liabifit,y ...................... ............................. 0.32.9 Notice Work isAcceptable.... ................. M Observations ......... ................................ 0.30.2, Is. bwmws Representative ....... -- ..... ................. 91 Payments to the CONTRACTOR; Responsibility for; ................................... 9.9.14 Reciorarm6ndation of Payment ................... �..14.4,14.13 Article or Paragraph Number Responsibilitics-Limitations on ............... 9, 11-9.13 Review of Peports,on Differmg �" ' Sobsur Ci ace and Physical Conditions ................... .... 4.2.4 Shop Dinwings and Samples: review responsibility... 1 ........ L.� ....... 11 ......... §.26 Final C Work. : ......... % ..... P-5 tatims ..................9.4 ENGINEER as Initial lnteirFicicr _:9.11-9 .12 FNGINFER'si Resp.crisibilitics ....... ;., ...... 9.1-9.12 Limitations on ENGINREWs Authority and Rcspohsibilifie4.,:i.� OWNER-$ Representative ­* .. ....................... 9.1 Re 'ei ruotive' pro "'s se'- ' -* ­��­�'­� - 9.3 .... ; ti RqIcc 'ti �rak..r ................ 9.6 U "8,0 d,,a Shop, Drawings, ; arid Payments:....:..... ....... 9,7-,9..9 Visits to Site ... ............................................ 92 it Piicc,dctisrminstions' .. --.; .. . .... ......... ... ............. 9.10 itsto Site ....... .................. ........................ 9.2 itten'cosisent required ' - : ..: ....... b ........... : ...... ricnt, Labor, Kiatcrii1s and,,,, .................... 0.3-6:5 ment rental, Cost of tlii,Wcrk....... ,! 1-4.5.3 lent Materials and Equipment �, ...................... 0.7 r Dint issjon* ...... ...................... I ...... .............. 0.33, ce,of Financial'Arrainjerrin ts ............ I ' ations otpliysie'ail coriddiuml., ..... ............... 412A :)NtRACT,OR!s,-'.,Costs,:Plug.... ....... W ......... 11.6 ............ ......... ............... ...... J-19 WEER................................3.6.1, 9.5 for P;iyrrfint .............................. 14.12 acceptance... „_„......... ... j.. I M 344.14 io, for cash allowm6es; .............................. IL8 previsions :................ ) 7.3-117A 'Guarantee of NVorkby CONTRACTOR ........ 6.30. 14.12 lia nird Commumicaticin Programs;,,,- ....622 Hazardous; Waste - definition of ........ : ...... : ..................................... 1.21 ,general ............................................ ................... 4.5 !OWNEWs tespDrisibility lc........... .................... g.10 uicDcan4 im-ALcoNtirrjoris igios o99oriortiom WI/ CITY OF FORT COLUNSIMODIFICATIONS (REV 9M) 0 SECTION 00300 n U i 0 0 CJ Indernnificatioit 6.17 - 6.16, 6.31 �6.33 Initially. Acceptable ...... 19 4risip,011— C.ItIf-lis 0( ........... .... .... ..... 9.13A, 13.5,14.12 Final............... : ......................................... J411 Article or Paragralih I I isitunwr Special, required byENGINEER ................. ....9.6 Tests and Approval ........ ............$3, 13.3-'13.4 and Easennents ................................................... 8.4 Availability of...-...::.: : .... w ....... .... ; ..... ..... 1, 8.4 Reports and Tests, .. . .................... ........ ! ....... 8A Work_... - - ---- ---- of the Worlc, taxes .............................. j I.4J.4 definition of.... .................... .......... ... 1122 ,general6j4 Indemnification ......... .; ......... ......... : ........ 6.31:4.33' A Insurance .... 5.3 Precedence ... ........... Refffenceto .................... ................................ 33.1 Wery'and Pioedi,66 ....... ....... ... 62013.2 Subcontrwctqrs,Suppliers and ,Other s, ........ 0-68-6.11 Article or Paragraph Nuffibef 'Tats; and ImNctibns,, 13.5, Use of Premises ..; ..................... Visits to sit� Liabilityjrtsuranic--' GONTRAcr6ws ....................................... ........ .4 OWNERg :..; ; 5.5 Licensed Sureties and Insurer.......................I........; 5.3 Liens- not ...................................... P's authority and ....... J4.12 .......................................17.2 j 7.4 ............... ...... . ............ )7.3� ourt Costs Included;,...... 17.5 .............................. .................... Acceptability of Project.',;,,;,,,,,,,;,., ..:.; ..... ... ; .... 14.13 Am'id.,definition o(_ .................................... .... 125 Claim ......... ......... .................. ... J7.3 Defects.13.1 DifficringSubsurface of.Pityacal Conditions .... Giving.................... ....................................... J.7.1 Tests and Inspection;.,.,.., .... ............................ 1i.3 Variatiort, Shop Drawingand Sarnpl0............ ':.0,27 Notice to'Proceed- definition of, ........ :-: ......... : .................. .......... 1:26 givu% o_ ......................... ................. ... 2.3 rX=UENERALOONI)InOiZI910-9(199OEiMT10M wtCITY OF FORTcourNs mownwlom (REV 9[99), Notification to Surety,_ ............... ........... ............ ..... JO.5 Observations, by ENGINEER ............ :.....:...... . 6.30, 9.2 Occupancy of the Work..................5.15. 6.30.2.4, 14;10 Omiisions or acts by CONTRACTOR .......... .... :6.9, 9.13 Open Peril policy form, Insurance ..........................5.6.2 _ .Option to Replace ............ :............................ ...,.... _.._. ::...... ..$:14 Article or Paragraph Number "Or Equal" Items ... _.................................................6.7 Other work 7 Overtime Work --prohibition of ................................. 6.3 OWNER -- Acceptance ofdefective Work...........................j3.13 .appgint an ENGINEER .......:....... ............ 8.2 as fiduciary....... ........................................ 5-12-5.13 Availability of Lands, responsibility„ ..............._ 4.1 definition of ............... ......... : ......... ............ ...... J.27 data.. furnish.. _ ................................... _. _... _.....8.3 'May Correct Defective Work ,,,,,;;,,,,,,.......... t3a4 'May refuse to make payment ,,,,,,,,,,,,,,,1A.7 May Stop the Work .... ...............::............:...... 13.10 'May Suspend Work, Terminate,.........:.................8.8. 13.10. 15.1-15.4 .Payment, make prompt„...................$:3, 14.4, 14.13 .performance of other work .................................. 1.1 Permits and licenses, requirements .............. .... 6;13 .purchased insurance requirement$,,,,,,,,,,,,,, ............... .. OWNER's-- Acceptance of the Work ....... 6.30.2:5 (Change Orders,. obligation to executF.........$6, 10A Communications ............................................... 8.1 'Coordination of the Work.......,,,,._,_ ....:............. 7.4 Disputes, request for decision... I.........:.:..........::Q. 11 '.Inspections, tests and approval;..................0.7, 13.4 :Liability Insumnok...........................................: 5:5 Notice of Defects..............................................13.1 Repiescntativo--During Construction; - ENGINEF.R's Smtm....... _.................. ........... 9.1 Responsibilities -- Asbestos, PCBs,. Petroleum, Hazardous Waste or Radioactive Materiel.i8.10 .Change Orders ........................................... .:8.6. Changes in the Work...................................10.1 communications._ _.._...:............ .... .... .....:.8.1 .--... --_ - — - "---- .......................... ;evidence of financial arrangements,,,:.,:.. inspections. tests and approvals,,,,,,,,,,,,,,, insurance .....................:.........:..:.:.......... lands and casements. ... ; ............... ...... reports and tests............................................8.4 stop or suspend Work ................. :8:8. 13.10, 15.1 terminate CONTRACTOR's services .......... :............. .:.....:.:....... . 8.8: 15.2 .separate: representative at site..............................9.3 Misting; independent„_.,_,,,,,_.._............._.........13.4 use or, occupancy - of the Work.........................$.15.�6.30.2.4, 14.10 written consent car approval required........ ................. _9 1, 6.3. 11.4 dicat OBNERAL cONOlnotisi i91os (t99a wffio Q v ow OF FORT COLLIN.4 MODIFICATIONS ff..V 9l99) 0 0 E ;Article or Paiagraph Nualtime witten notice required .......... 7.1. 9.4. 9.11, .................... :..: .... 15.4 PCBS.. :definition of .......... ..................................... 1.29 4.5 OWNER's responsibility f � ........ : ................... 8.10 '.ParlIaLlitiliziitioh— definiti ol� .......... ; ...... .......... . on a..� ...... 7. ccptkftce,�-: .... A. 13-.14.114 ?.3. 14 I ............................ .......... I ................ Applim— ticah i for ................................ s.✓ definition of ........... ).30 general .... ........... ; ....... .......... :4.5 OIVNEWs -responsibility ;... ...... ................ 8.10 Price Underground Facilitics,,- geheral ..... ................ 4:3 MA a InAcaid�_ ............... tll- I ....... :4.3.2 t i on 0 ( ............. ......... ........... 43, 6.20 Shown or Arti6le or, Paragraph Nu#nb'cr ................................ Confcrcaic- .............. 28 .......... ...... ........................ M..: .................. 6 I .............. 'Contract, ..... ........ ............. : ............. definition of it; Applications f% .............. ....)4.2 al-rctain _Asc..;_ ... .............. . ::_A4.2 c, CONTRACTOR's; ........... ......... .... 6.6, 6.29, IOA, 15.2; 1 in a(.1 _ ........................... tative-- 's Status During Construction., .......... 9.3 t i 6, Resident - ativ --definiti6n of,,,,,,,_, 1.33 by OWNER., ...... ......... 8.3 co-- .................. 14.1 responsibility:for ...... :, ..... P-10, )n of paym cn( ................ 44,14.5,14.13 J&1,4 nts . ........... 1 9, ' .12 ........... 1wel for rnaintairiing:...', ........................... andards, and Speci.Acaaims il Societies,,,,,,, ;: .................... ..... 3.3 WS And ....... ........ ...... ... 6.14 tive Work 9.6 ...... . .......................... . ............... 7..1-7.3 Dis&cpancie!t ....... ........................ 15, 3.3.2, 6.14.2 Reports -- and Drawings..........: ... ........... ....... .............. 4.2.1 and Tests. OIVNWs responsibility ..................... 8.4 lZesident and Project Rcprcsantative-- dermiticra of, ;� ...... ............... ...... ...... jr33 provision for..., ......9.3 EX'DCCENERAL CONDMOM 1910-8 (1990 EDInOM WIaTY 'OF FORTOOLLMS MODIFICATIONS (REV W") Article or Paragraph Number Resident Superintendent, CONTRACTOR* .............. :6 2 Responsibilities— ,CCNTkA&ORs­in general, ........ ............. :1 .......... 6 ENGINEER'S -in general,, ,, ,,, „ .9 Eimiwtiongim. ..... ..................... ................ 9.13 ....... . 16inage ................... ................................ . 1.4.2 use of Docunients, .: ;: z 3.7 ..... 625 14.4-14.7 10.2 ................................ .. 4.1 and ....... ............. 612 .................. ........ 6:18 'and Protection ............................... 4.3.2.,6.16,'6.18,- ....... �620-'621, 7.2, 13.2 'general ................................................... ;.0:20-6-23 ;kepresentativc, " CONTRACTOR s........ ................ 0.21. Samples - definition of ......................................................134 geneful ............ ; .................... 0.24-6.28 Review 1�'CONTRACTOR ................................ 6.25 �Reviawby ENGINFERI,;.. ......... .... 6.26.6.27 related Work ...................... ..................... ... . .. US submittal of ............ I_ ........... .... 6.24-2 submittal procedutrei .......................................... 6.25 Schedule of progrcas. ............................. 2.6, 2.8-2.9;6.6. .......... I .......................... 6.29;.10.4.2 , 151 Schedule of Shop DmMng and Sample Submittals., ................. ......... 2,6,2.8.2.9, 6.24-6.28 Schedule of Values,,,,,,,,,,,,,,, ,,,,,„.,,,,,,, 7!6,2.8-2.9j4:1 'Schedules—, Adherence tc�, .. ...... _. ........ ........ Article or Nragraph Number I submittal required„_... - - __ ,. . ........ Submittal I}oceduics 6.25 um to approve substitutions„_.... ...,,,,_„j5.7.3 Shown or Indicated ............................................... AM SiteAccess ............................................. I ........ 72, I 3.,2 Site Cleanliness .............. .......... 17 Site. visits to, - by tNGINUR ......... ................................. 9.2. 13.2 .by others.-..... ........ ....... ......... ........ 13.2 7sIxcial causes of loss" Policy form,t iristu'une: ..:, :_: , ..........4.6.12 definition nition of .....................................................336 � 'Specific ' a . tions— d.ermatim of 3.36 ofTcchaicaC ocicties, reference to ................... : ........ ................ ...... .............. : ................... )0.3-10.4 .Shop 4.2:1.1 =Substantu certif rat ................................ fi.24-6--28 defln ................ :,:9:7, 6.24-6.28, ............... O.A 15.5 ......................... 8.8; 15.1 ials end cqhipmcnt 4.1, 7'1' rig, Safety .. :_.. ...... .................. . 18: ...................... ...... I ........... ............ for Payee enk .......................... ...... 14.2, and Operation Manualq ......... ..... 14.12 ......... : .................. ....... .. O.B ............0. 30.2.3. ........................ .................. i ........ Methods E)CM GENERAL COMMONS 19104 (1996 MMON) w/ CITY OF FORT COLLINS MODIRCATTONS,(REV 9M) 0 0 0 9 0 Tinnporaiy.construction 6cilitics� ............................ 4. I Article or Paragraph Ariicic or Paragraph Nuinbe,r Numb& or Proceduresi ..: ..........:::. a.......................:. 6tn Substitute Items" ..... ­�".­: . ....................... 6.7.1.2 ... * '�' 'Subsurface and Ph , ysical Conditions., or, in or rclatiig to ........................ 42.1.2 ENGINEER!s4evie W_ .... ................ ........ 2 4.2 Limited Reliance by CONTRACTOR Authoiriz6d .................... 4.2.2 - .......... ..... :4.23 .......... .... .................. ... ­_ - .......... ...... at the Site; .............. _.4ZIA ... 412 .................. :8.9 ......... ....... P.2. 9.13.2 !al costs, ' :.: ... ........ ....... tar y Conditions— mof..... %.q .. . ......... ...... ii rcferenecs to, ......... ...... 2.2, 2.7, .......4 2, 4�3, 5.Ij 5.3;,5A, 5.6-,5.9, 11, 6:84 6:13, 7.4; 8.11, 93,9,10 tang Contract E�uciirn .......... ................. 3.6 .................. ** ........ * ............... . ............ ­ - Waiver of Rights.:.... d'.,­ 15.11 AV ant to final &yinefii, ... ...... ........ :J4.12,14,14 TNEFR his no duty to....:...., ....................... 9.13 icauon of,,,:_„............ ......... ... .......................... ..... 5.1.5.3 of Obligations,; _ ............ ................... j5.34 Work, 'OWNERMay,,..j .... ...... 13.10, 15.1 .on of Work and Termination, I G . . ...... .. . ...... I5 � TRACTOR May Stop Work r Terminate_......_........__....._ ................. J5.5 IfiR Miy�Suspcnd Wmi........ ­: ... I ............ TRhbTermirnite� ......................... .Y ... 15.2,15.4 4.2.3 ry CONTRACTOR .......... . ...... ............ . .. 155 ry OWNER 8.8; 15.'i)5:4 rENGiNEER' I ' I I . kemp gym-ent ..... ... _ ... ............... usp_e'n"sio'n:6fiWork-in general ....................... 15 ns,and Adjectives::.:.::.. 54 s and Inspection ' s.. Moen to the Work, by others ......... . . I ........ )3.2 CONT RA CTO,R"s responsibil itics ........ .... 13 . .5 cost of 13.4 covering Work prior to .............................. 13:6-133 L , aws' and Reg�lations (or),' 13.5 ... UM39. .............. ................. 64 12 Contract Times--defmition.of,...; ).12 day.........................................................172.2 Milestones: ....... ........... ...... ........... J2 Requirements- appeals,�........................ ........ 16 . clarificatiom, claims and disputes ........9.11, 11:2, 12 Commencement of Contract Timea'* ............... 2.3 i'ro'cr�tiiihhn Conficience....-, , .............. schedules : ............ ....... ................. 2:6, 19,6.6 Starting thc,Work __ ............... 2.4 Title. Warranty of ...... ...... .... J43 Uncovering Work .................... ....................... 13.8-13J Underground Fricilitiii;� Physical,Corditicins-'- definition of .................................................... 1.41 for ............. I .........'. artial ..................... JX45;6,1630.2.4, 14.10 kork......... ; ................... .......... 11.3 bde of .........r 6. 2.8-2.9, 14.1 .... CX= GtNaLAL =61710M 1910-8 (1990 ED111 WICITY OF FORT COUXiS MODIFICATIONS QMV 5 Variations in Work --Minor Authorized . ......... ......... 4 ............. 6.25, 6.27, 9.5 Article or Paragraph Number Visits to Sitc--by ENGINEER . ................................... 9.2 Waiver of Claims --on Final Payment,,,,,,,,,,,,,,,,,,,,, 14A5 Waiver or Rights by insured pitrti6s ............... 116-11 Warranty and Guarantce,,,Gcncral--by CONTRACTOR Warranty of title; C0NTRACTORs_'q_,....­ .... ;__14.3 Watt.. Accessto ....... .................. .......................... .. 13.2 byothers .... '­ ...................... 7 th Changes in e ....... : .................. ...... ................... 10 Continuing the ..................................................0.29 CONTRACTOR May StoptWork or Terminate ................................................15.5 Coordination of:..__._...__........._...._ ................ :7.4 Cost of the A 1A.11.5 definition of ..................................................... 143 neglected by CONTRACTOR: .......................... J3.14 otherWork ............. .............................................. 7 OWNER May Stop Work ............ : ........... _ ...... 13.10 OWNER May Suspend:Work ................... 13.10, 15.1 Related, Work at Site ..................................... 7.1-7.3 Startin the—,..._ ... ............................ 2-4 ............. _1. Stepping by CONTRACTOR .............................1.5.5 Stopping by OWNER ..................... . .. * ....... 15.1-15.4 Variation and deviation authorized. minor ........... 3.6 Work Change Directive. - claims purswntlltq. ... .................................10.2 defiiiltion of ' """"' '"......._j.44 principal refeiences ..............,.3.S.3, 10.1-10.2 Written Amendment -- definition of.,: ... ............ ; .............. ............. 1,45 principal references to ............... 1.10, 3.5, 5.10,15.12, .............. ..........4.6:2,6.8.216.19, 10.1,10.4 __: ............. ......... jE2, III, 6.12-2,14.7_2 Written Clarifications and Interpretations;.. _ ........................... 3.6.3,9,4,9.11 Written Notice keqinred— by CONTRACTOR_ ........................... 7.1, 9.10-9.,1 1, ­­­11- .... ................... 1.10.4.11.1,12.1 by OwN�i .......... 9. 10-9.11, 101.4, 1 1:3, 13.14 Xy EkIiC 611�,CONDII`(0143 i9104 (IM EDrIIOM ./ CITY OF FORT COLUNS MODIFICATIONS (REV 91") 0 E 0 i;(Tbis,pagc Icft blank iutentiorially) xvi GXUC GENERAL CONDMON§ 1910,8 (1990 ®IIIOM w/ CITY OF FORT COLLINS MODIRCAMM (REV.9/99) 0 GENERAL COMMONS ARTICLE l—DERNMONS Wherever used in these General Conditions or mi the other Contract Documents. the .following termshave the meanings indicated which are` applicable to both' tie singulm and plural ihereoC'. `1,1 ;1ddnidci—Written or graphic instruments %issued prior to the opening, of. Bids which clarify, correct or - change ,the Bidding Requirements or the 'Contract 1ocumenss. 1.2. Aggreement-Thc written contract between OWNER' and CONTRACTOR covering the Work to be performed: other Contiaet Documentsare attached to the Agreement, and mide,a pan trercof as provided therein. 113. A' (icoiion for Payment —The form acce)w by SNG IR which is to be used by CONTRA . OR.m ,requesting progress or.final payments, and which is to be 'accornpanicd by !such supporting dricumcntatinn' as is ;rcgbimd by tine Contract fJocumcnta. 1.4.. Asbestos --Any material that contains more than one .percent asbestos and is fnable'or is releasingasbestos fibers into the air above currcnt action levels esmblished.by_the United States Ocapabored Safcry and HenIdi Administration. 1;5. Rid-Tlic offer or proposal of the bidder.submitted on the prescribed foim'setting'forth the prices for the Work to be performed.. 16. 'Blddin$ . Documents —The advertisement or invitation to Bid, instmetiors to bidders, the Bid form; and the. proposed Contract Documents (hicluditig all Addenda issued poor to receipt of Bids):. 1.7. Bidding RequiremeiW—Thc advertisement.. a invitation to Did. -irstruaic ms to bidders. and the Did form.. I.S. Bonds=Performance: and Payment bonds and other instr un'ertis of security. 1.9. Change ;Order A;document recommended by ENGINCER, which is signed by 'CONTRACTOR and OWNER and authorizes an addition, deletion or ievsion in' the Work, ar an adjustment in the Contract Priceior the Cantrad Times,.isued oft or aRer the Effective Date of the .Agreement. ` 1.10. Contact Documents —The Agreement, Addenda (which 'Pertain to the, Contract Documents), CONTWTroR's ,Bid - (including documentation accompanying the Bid and any post Bid documentation submitted poor to the %fice'pf Award) when attached as 'an cxliibit 10 theAgecinem, the Naice,t_o Proard, the `Bonds, these, General Conditions,' the' Supplenimtary Conditions; -the. Spewficatiois and the' Dmwngs as the, ,EXIXG@JIXAL CONDITIONS 1910.8 (1990 Edam) w/GTrt' OF FORT COL11NS Mbbi nCATIONSIRE vAn000), 11 1.11. 'Contract Pare —The moneys payable by OWNER.to'CONTRACTOR for comoletion of the' Work :in accordti'nce.with the Contract Dobumenss as -stated in the .Agreement (subject .to the provi3ions :of pnmgraph 11.9.1 in the case of Unit Price Work)) 1.12. Connuct ,Tinies-Tfe numbers of days or the dates stated in the,Agricmcnt: (t) to achieve Substantial Completion, and (ii).to complete the .Work so that it is ready for firul payment -as widened by IiNGINEER's written` recommendation of final payment in accordance With pamgapli 14.13. 1.13. `CONRACTOR-The person, firm or corporation with whom OW-KER has entered mto;the Agrcanmt. 1.14.. daf ctive—An. adjective which when modifying, the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does nor conform to the Contract Documents, a'does not meet the -requirements of -any inspection, reference snimdard,:'test Orapprovai referredto: in. the Contract Dociiments,-a hashem damaged prior to ENGINEERs reoca mendation,of final payment (unless responsibility fa the protection thereof has been assumed • by OWNER at Slibaiantml Completion in accordance with pomophl4 8 or 14,10).. - - 1,15. Drawings—Thelilrawings_ which show .thescope,, extent and' character of the Work. to be furnished and performed by CONTRACTOR .and which have been prepared,or'approved,by ENGINEER and are referred to in the Comma Documents. Shop are'not Drawings as so defined i.16. 'Effective :Date ;of the Agreement —The date. -indicated in the Agreement on which it becomes effective,. .but if no such date is indicated it means the date'on which" the, Agreement is signed and delivered by Ihe, List of the' two parties to sign and deliver. 1 17 . 'ENGINEER —The person, frm or corporatiori named as such'inthe .4geemenl: IA8. '£NGIArEEESCo iiuliant—A person. firm or corporation having a cartraa with ENGINEER.to ftirnisli services as ENGINEER's independent professiorail assbciAe or consultant with respccA to the Project and who. is identified as such in t}ie.Supplementary Conditions. 1.19.. Field Order --A written order issued . by ENGINEER which orders minor changes in the Won: in accordanecwith paragrarih 9 5 but vluch does not involve; a charge iii the Condrsct ce a the Contract Times. 0 Ej 1.20, General Requirements-5ections of Division,l of the Specifications' 1.21 Hazardous Waste —The team Hazardous Waste shall havc'�them�oinirg provided in Section 1004 of the'Sold Waste. Dqispcsal Act (42 USC� Section 6903) as amended fiont-time to time. 1.12.a. Laws and Regidalions; Laws or Regulafions—Any :and all ;applicable dews, rules, ngulalions'.onfinitinces, b6da and orders of any and 11 governmental bodies: agencies; authorities andco ifigj&isdicltion 1122!b Lezal 11oliakivs.-shall be those holidays observe ,by the City, of Fort Collins 123. Liens —Liens, charges,. seamy I ty into , rests. Or encumbrance uponPasoan)' 'pcnt'. 5 pan ty 7 24. Uilestone--,A, inci pal event -specified, in the, Contract Doeuments relating to an irinnnediati completion 'ami or' time pifioi to Substantial Completion of all tNe WorL 1.25. Notice qfAwordA written notice by OWNER to the apparent Soc coful biddePsiaiiijiltiii upon co'ni'p'llance: by the bidder with theconditions precedent enumerated. thcrcir, within'die iimcjpciiificd, OWNER will sign and deliver theAgreencent.. 1.26.. Notice to Proreed—A written notice given by, OWNER . t r, a CONTRACTOR (with aeopy I to ENGINEER) fining` the :date on 4lich the 'Contimcit times will commence to run and on which CONTRACTOR shall start to perform CONTRACTORS obligations under the Contract Documents.. " 42Z OWNLRLThe public body or - authority. corporatiom :assaciiitian; firm a person, with whom CONTRACTOR has entered into the Agreement. and for 3wfionnthe Work is to be provided 1:28. Partial Utilization —Use by 'OWNER of a whstantially completed part -of the Work for the purposc for. whichit is intended (ora mlmed�puspose) prior to Substaatml Completion 611'all .the Wi5r]L' 1.29, PCBs—PolydIlorinated bipheryls. 00. including crude,oil or any, fira6ticri theiri8f whicli'is liquid at standard condition's of tchtiWriluri und pressure' (60 'degrees Fahrenheit and square. 14.7 pounds per , I , are inch absolute), such is Oil. 61mm, fuel oil, oil sludge, oil refuse, ifasoline, kerosene .and oil mixed with other non-Hanuirdous WasteS 6W crude 1:31. Pr9ject—The total construction of which the Work b be'undcr the Contract Documents maybe the' 'hrcvi I dcdl , a part as indicitted claawhae in the Contract 'DacumeriLs-, 132.a. Ra&oiicfiiw or byproduct material aidefined by thi Atomic Enersy Act of FJCDCOMMLALCONDITIOM 1910 (199,91ididan) 2 Ut dii 6FFOXT­0,OU,1 MM- OD I It CATIONS OLIEV 0000). ,195a (42 USC Section 2011.^et uq.) as americlod from nine to tune. 132.6. 'Reerilar WoMnz Hours -Regular working ho are defined as T00am to 6,00bm unless otherwise specified in the General Requirement.n. 133- Resident Protect Refirisentative—The authorized representative of ENGINEER who maybe assigned to the site or any part thereof I I 1.34.'Samples-Physical examples of noridials, equipment,- or workmanship that nit representative of some of the Wo and which establish the by which such portion of'the Work _will 1,35, Map. Dnaiifngx=All drawings, dmig'ams, illustrations Schedules and other data Or information which aro- specifleau prepared or dssemblod byof for CONTRA( I Submitted by CONTRACTOR to, illUsma66miportion bfthe Work. 136- Specifications —Those porticens of the -Contract Dacoanciit - s consisting of written tocliniml descriptions of matcnals,cquipakrit, construction System% inadardsand' vairlanariship is applied to tM Work and 66hain administrative "its applicable therctia 1.37. Subconlraclor-.An individual, firm or corporation' haviiig a direct oantrinct with CONTRACTOR or with any odic . r - Subcontractor r tractor . to I r " th , c parformimir too of a parr; of the Work at thc-kfe - .139. Jupplernentary Conditions4he pan o I f thei Contract Documents 'which amends for supptements these L40. Supplier —A mantifitchuar, falitiLinar, supplia, distributor, mattirialman or vendor hav mg 0 direct contract with CONTRACTOR or with any 'Subcontractor to furnish nuiterials or equipment to.be momporatM in tha Work byCONTRACTOR cr any Subcontractor. 1.41. UrrdergmundJ­,=ih1ies­AJl pipelines,. conduits, dicta`cables, wirest, manholes, vaults,-timics,'turinels or - .the, such facilities or attachments, Said an c, ncn- ants comaid such faeflAitsif , whi6whichhavcbe - - installed urdergound to fitinah-itay oftlin following .services ]or .materials; electricity, gases. steam :liquid petroleum ,pr"oducts,. telephone, or other communications, cable television, sewage. m and drainage removal, traffic -or other Oat of systems or water., 142. Unit Price Work -Work to be'paid for,;rnl the basis of unitpriees. 1.43: Work —The entire cmpleted:comWction or the various separately identifiable partslhcreof requaod to be furnished umler the Contract Documents Work includes aid,is the result,of perforritrne or furnishing labor and furnishing and incorporating materials and equipmini into the comtniciion,.and performing or furnishing services and furnishing documents, all'as required by -the -Contract �Documcnts. 1445. Written im mimant-A wriucn aracr+dmenl of the 'Contmct Documents, signed by OWNER 'and CONTRACTOR ;on' or after, the Effective Date of the Agreement and normally dealing with'the ttonengincering ornontechnicai rather than strictly construction -related aspects of the Contract Documents ARTICLE 2-PRELRMNARY MATTERS Derhery,ofBondv: 2:1, When CONTRACTOR delivers the. emcuted Agreemmts. to OWNER .CONTRACTOR .shalt :also deliver to;OWNER.such Bondi as CONTRACTOR may berequiied to.fumish in accorderae wnh paragraph 5:1., Copies afDocurnenis., 2.2. OWNER shall Furnish 16 CONTRACTOR.up to ten copies (unless otherwise specified'in the Supplementary Condrtnons) of the Contract Documents as,ore reasonably nneceisary far the ezecut csj of the Work Additional copies willbe funushed al3m request, at the cost of reproductica: Cornmencenent of Contract Timesi Notice to Procee2 ,23r The Contract Tunes will commence to nm on the thirtieth day after the Effective Date of the. Agreement, a, •FJCDCOENIXAL CONDITIONS 191"(1990 Men) w crry OFFORT COLUIS MODIFICATIONS(REVaaoou): if a Notice to Proceed is'giv&L on the day indiaded in the'' Notice: to Proceed: ANotice to Proceed may b-e:.given at any time within thirty, days afte.the .EffecM1we Date;,of_the Agreement - -event semmenaeite-ran-later -h bi;a11 ietthetlay o4Bid opeitmgorihe diirtiedrdey-aner-the-EtfmtivPate. of-6teAgrecmarh-wlac3iever-datciseai7ier- Starting the Work: 2A. CONTRACTOR.shall.stan to perform "the Work on" the elate when the ,Contract Tunes commence toiun, but no -Work shell be: done at the site prior to the: date on which the Contract Times commence to run. Befrire Starting Con .Ciuction.• the to ENGINEER any conflict, moq with error, ambiguity. ; or discrepancy in ..the Documents, unless CONTRACTOR:. knew ogre should have known thereof -` 2.6. Within ten dayyi?sftcrthe Effective Date of the' 'Agreement ,(unless otlierwise..specified in the Gencml Rcquircmems), CONTRACTOR shall submit -to' ENGINEER for review: 2.6.1. a. preliminary progress.sdnedule indicating the times (numbers of days or dates)_ fm starting and completing the various stages of the Wort% including any Milestones specified in the Contract Documents: 2.6.2. aprelim indry.schedule of Shop Drawing and. Sample submittals which will list each required submittal and tho.times for.submitthtg, reviewing and procescmg such submittal; .2.6.21. In 'no :case will a tschedule be aoc-' b1e-wh,h. allows less than 21 calendar. days toLeach review by Enaineec 2.6.3. A preliminary schedule of values for all of the Work which will includeguantihesand prices of items_ aggregating the 'Contract Price -and, will subdivide the Work', into component pans in sufficient. detail to serve as the basis fur progress payments during cnmtntdion Such prices, will include an, apprbpnate amount of overhead and profit applicable to each item of Work. 2.7. ,geforr 'any.. .Work ,atthe site isstarted, CONTRACTOR end'AWNE1t shill eee'-Acliv' to eke: r+ther OWNER with :copies to a_tlIeENGINE n u • 0 • • O 0 0� O 2 ZO O LL Q W co U) 0 0 0 o S o 0 0 0 0 NeV ,7D r M N 27 N O N O v U sv r» c.s y vs cv r» zs ss vs O u V u .7 m rn F g j m n n o m rn o `° O G C R �y ry p N U O O O O O O N O h r 16 h O n p O A aUa r,� U a � u a U e m � o z d 2 ZS V C 6 Q zZz Y Y Y Y Y Y W z U U U U U U W F F F 8 S$ g A S O UUUIM pU o a a c � (n W A N E ca z a I a 0 N J N N � C j m c O 1 Q fy N .a C c f0 En a (D m Y 0 '`a 0 ¢ a 0 certificates of insurance (and othar'evidence of uiwmce :gn== requestod bry OWNE which is required ,purchase . ------ am mendam m accordance with Preconstruction Confaence.. : Init-Hy A1c-ThrN1.S1h1d.1k- 9 ARTICLE 3—,CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent 3:1. The Contract Do meets comprise -the entire a*e:ment between 'OWNER' "imil CONTRACTOP monZcminj 'the Work The Comraw ct Dommts are complem I entai I y: wh I it is called I for I by one is as binding g as'if if called for by all The 'ContmctDocuments will be commacd in accordance with the law of the place of the 11,6je c( `3.2. It is the intefit of the Contract Domiments to EKWOE4PRALCONDITIOM19104(199OEdOM) 0 complete Project(or part thered) accdr&Tici with the C(MiirML 4 materials or.eqaipmem that may from the r:ontrad Docurnents:or or trade usage as being -re"ceibid to result, will tie furnished iM Mot, scecificiillv called 6r. When 3.3. Reference In .9andardF and Sixcificatiotis of, Terhnic'al Sociefitis; Repo;Wnj ;and Resohiag Discr"nda: 3:3.3. Except as otherwise specifically stated'in the Comm, Dci�mc'nts' or as may bi pmvl&d .by amendment or supplement thereto i=ed by me of the methods indicated m para'Staph.3.5 or 3A the provisions of the I ­Co'mr'ict'Doumen'tIsL shall take precedence i,np any ?onfl-qt.,cror. ambiguity or 4iscrcpsny.bctmrccn the provisio4iJMc Contract Documents and: 3.3.3.1. the provisions Hof any sttcb standant, spieffication, marntal,'ci* or instruc'tim'(whdW br,mt.s*ifimny'inc,cWatedbyiefeii 11i'mithe, Contract Domments), or 3.3.3.2:: the ,provisions of any such Laws or Regulations applicable to the, performance of the Work (unless such an interpretation _of the provisions of the Contract Doctunenis would result in violation of such Law or Regulation); '3.4. ,Whenever in the Contract Doctunenis the terms 'as ordered",."as_ directed., 'as,rcquircd„ "as allowed% '.'as or adjectives of like. effect -or. import arc e .a rewirementr direction. review or furnishing or performance of the Workor any duly or authority to undertake .responsibility contrary to the .provisions of paragraph 9.13 or any other provision of the: Contract LNocuments., Amenrfing and 3uyple irmling.Contacr Docainenrs: 3.5. The Contract Docwnents may be amended to provide fm'additiaiis, deletions and revisions intheWork. of to modify the terms and &oniditi(16 thiireofvin one or more of the followmg ways: f3:5.1. afomial Written Amendment :3.5.2. a Change Order (ptmward to, paragraph 10.41 or .EXDCaENMAL CONDR1OM 19104 (1990 Eddo) %iiairy 6FFORTOOLumm666cAnoO s(REV412000). Ll 3.5:3. a Work Change Directive (pursuant to paragraph .10.1): •3.6. In addition the requirements of the Contract, Documchis may besupplemented, and minor variation: and devim6fis in the Woik'may be authorized, in roe or more of the followml; ways: 3.6.1. A Field Order (purmant to pamgmph9.51 3.6:2. ENGINEER's approval'of a Shop Drawing or Sample(pursuant to pa"ragraphs6.26 and 627);:or 3.6.3. ENGINTER's written interpretation or clarification (pursuant to paiegaph Reuse ofDocurrienls and any Subcontractor or or cremizati6n berforminR w on mensionsoi me i' oject or any omen- project wnnout written eoasem of OWNER and ENGWEER and specific, written verification or adaptation by ENGINEER: ARTICLE 4—AVAILABILITY OF LANDS; ,. 'SIJ&SURFACE ANI) PHYSICAL CONDITIONS; REFERENCE POINTS • Availabilily ofLanrls_ 5 7 9 0 :CONTRACTOR shall provide fcr,'all additional laxids and access thereto that may- be . required fo'r temporary' construction facilities or storage of materials and :equiprncnt� I 4.21. Subm.1faciandPhysichl Conditions, 4.11. Reports and Draniitgs: Referenci'is made to ,the Supplementary Conditions for i-dentilicitionof. 4.2.1.1. Submarfa&e, CofidMons: Thaselreports of e'vlorations'and tests of stibsor[Ace"canditions,ut,or " t " to the site that have been utilized by 'MER in pmptira8the Commot'Documents, and , 4.2.1.2. Plo,iical Candtiohs; T hsiisedrawings of Physical conclitions in 4 relating to costingsurface or subsurface structures at or contiguous guous I to the site (- Underground Facilities) that have been' .tilti `by WGINEEk'iii preparing the �Contract Documents. * - 2:2:1. the &omplctcficist� of sucli reports and drawings for CONTRACTOR's- purp=, including, but not limited to. '- any.aspectsIPFthe =ethckb;techniques, soqumces. and of construction to :be employed by CONTRACTOR and safety precautions; und programs bicideritthereto,,oi 4.2.12. other data,- imerpretations, *inions and information ocittinhed in such reports or shown or indicated in such" drawings, or 4 12.3. any CONTRACTOR interpretation of of ebKelusiI'll ., .­ '' fr n'dmwn om�afiy "technical data" or my such dita, in atiots , op.=6m-, or inrmmatio 4.23. Notice, air Diffiring Subsumfwe or Physical Contlifi='._ It 'OdNTRACTOR believes that -any subsurface or physical orneditiori at or c6migisousi to the site that is uricovercil'or revealed either. 4.13.1. is of such a nature as to establish that any n technical data 'on which CONTRACrOR'is ' entitled to rely as provided inParagmphsA.2. I:arid 4.2.2i'mat . maternally inacciisme,I or 4.2;3.2, isto f 'suc: h a mature as to require,.a charge in the Confiact Documents, or 4.2.3.3. differs materially from that shown or 6 EJCDCOEMM& COMT10M 191" (1990 Editi'st) IMI &Tli bi-FOR I TC I OLU M1. M0DMCAT10i4*iEYainM), indicated in theCbntract Doctiatems. or 4.2.3.4. , is of an and differs materially from conditions ordinarily encountered end 'g'c'm'mHy'rdcogmw'd as tolier rent in work, of the' character provided for in the C&umct Documents, then CONTRACTOR shell. eremolh immedukehe safer ' cr-liarfbmi any Work in 6ohhcctidh theiieivith (civsdP: as aforesaid) until rcti6io of "Itch ordei t6d6so: 4.2.4. ENGINEEM Review ENGINEER ' wptly .review the NnincriCconditions, determinethe, necessity of OWNERS obtaining additiaW 6xploration or tests with regiiat tliacto'and adviserOWNE R in writing ewith a 'copy to c6NTRACrOR) of bNGINEER'Sr ndings and cxmclusioras 4.2.5. Passible. Contract Diictmenly Chainge: If ENGINEER concludes that a cha*'irythd Contract Doinuments-isroq'U'IM'ditan ntiltoffl cm-diihim-ithimmee one or more of the categories in paragraph 4.2.3. a Work Change Directive,or a -Change Order will be gissue&m' provided in rArlicle 10 to mfl&t* and doduniem the conscquencesdf kch'chan9c. ' 4.2.6. Possible Price and' Tenies A*Lsittients: An cquimble adjustment in 'the Convect Price or ins the 6.mriict Times. or both, will be allowed to the ement that, the existence of such unwvczvd'6f'e6veaIcd condition cause; fan iftc:ietue or dc4iiasc iriCONTRACTOR'S C69. of or time required for performance of the Work-, subject, however, to the follo": . I 4.2.6.1. such condition must meet any -me or more, of the ne . s describedin ritragm 4.2,3A, inclusive ,phi,l.23.1 r= 4.2.62a chan _ ge in the Contract Documents pursuant to'Pimi'6aph 4.2.5 will' not. be an "automatic authorization 617 nor a condition prmdmtto'=tiacmeniioany such adjustment; 42A,3. with respect to Work that is paid I'm on i Unit Pride Wsis; moo idjustraim uiWamut Price will be inibicet to the 'provisions of, Pamj;raIlhs00 and 11.9; and :4 .2.6.4. comkAcToR shell not be cnititiod to any,udjumncint;mthe Contrad'Price bijimes, if 4.2.6A.I. CONTRACTOR lasew :of the existence of such conditions at the time CONTRACTOR 'made ri�_ -fifiii] commitment to .OWNER in resPect, of Contract Prim and Contimcf-Tinies'by the submission ;of abid or becoming: bound give written notice.to this undera negotiated conirnct Sr- ENGINEER ENGINE. Underground Facility, a 4.2:642. the existence of such any.jwwhicha change condition .could, reasonably Have been Doimmcats toreflect aria discovered or re4eahed'as a result oflany of the existence of.the examination, investigation,, egilorstion, ENGINEERcoitcludei't test or study of the site and "contiguous Documents is required, a areas required by the Bidding Change Order.will beiss 4:2.6.4.3. CONTRACTOR failed to the -Contract Nice or an extensii give the written notice within the timc'and Times, or both, to the extent that t 'to as required br paragraph 4.2.3. the existence of any Undergroin not shown or indicatedin thc`C If OWNER andCONIRACTOR,are -unable to, agree. on and that CONTRACTOR did note entitlement tom as to the amount'or Ionsth' of any: such trot reasonably have been tarpcctc, equitable edjuslipent in the Coilrect Nice ur Contract n3haveanticipatcd. IfM R•ar Timcs,. e'claim, may be made therefor as provided in sreurxiW to agree on entitlement Ahicics 11 and 12. However, OWNER, ENGINEER -and length of any such adjustment it FNGINEER's •Consultants shall not be liable to Contract'rimas, CANTRACTOR CONTRACTOR for any claims; costs, losses or damages therefor as provided_in'Articles 1 I sustained by CONTRACTOR on or in connection tvitli.any OWNER. FNGTNEER an other project or anticipated prcj&L C&MtanLs shall act be liable to C ally 'claims, ooats. Iosscs,m dal 43. Physical Cond6on. Underground Faciliies: sustained by CONTRACTOR,oi - with any other project or anucipatc 43.1. Shoµeorindcated.•'fheinformationaraelvan 'shown of'Irdlcat�'N the Contract Doenmards With Reference Pointr 'respect to existing Underground Facilities 'at or. ,contiguous to the site is based on information arid data 44,,, " !OWNER shall provide cnjgo "furnished to OWNER o.ENGINEER by the owners. of easblish" reference 'points for cons :such Underground Facilities or by others. Unless 'it"_is ENGINIM's judgmerR are nece otherwise expressly provided in the" Supplementary" CONTRACTOR to: proceed ' u "Conditions: CONTRACTOR shill.be responsible Wok: shall protect and presenethe e 43.1.1.OWNER and ENGINEER shall not be points. and shall make no changes or responsible for the accuracy,or eompleteness,ofaity the prim written approval of OWNER such infmrmuion crdata; end shall report to ENGINEER whepeder EKUCGBNEM CONNTIo1519108 (1990 BMW) _ w/ a7Y OF FORT ODI. W INS MODiFiCATIONS (REV AIL W a), if nay make claim nd 12. -However, FNGINEER's iNTRACfOR-for ages'lrcurred or o .in connection project cnng surveys to action which in is"lost or destroyed 4 requires relocation because of necessary charges in grades or locations,. and shall be; responsible fort the accurate replacement or: ret_ocation,of such .reference -points,. by professionally. qualified perspniiel: 4.5. Asbisivs, PCBs, Petroleum, Ifnmrdous Waste or Radioadnm Material: 7 • 0 r] L 0 FJCDCOQffRAL 9qb1tX710M 19104 (1990.Edfim) ul = OF FORT COLLIM MODIRCATIMS,(REV 411000) E ARTICLES, DONBS ANI) INSURANCE, Performance, Payrqvil an, dO.MerBoneL, 5.1. 'CONTRACTOR shall fiahish Performance and Payment Bonds. each in an amount at least equal to the; Contract Price as security for the faithllid perlbirmanca and typin, of all COM17RACEORs oblipticms,under the mrad Docianents. These Bonds "shall r6nairiffi eff&t. it lease until- one year after the Ua6i'whrn rural payment; beouireS d6e, a 0'aq jjoVidedLcaheiwise.by Laws or or of in ,or 5.2. Af.-the surety on. any Bond finnished by CONTRACTOR. is declared:a barkrupt or becomes, insolvint.of 'is right,M' do bu siess s'termamed miany I state where SO, Pan of the Project is located 4i'd oases to' meet the're ' f ''' quirementso paragraph5.1, CONTRACTOR shall within ten da". thacafter;mbstitute another Bond and 'surety, both of which must. be acceptable to OWNER. 5.3. Miiehsird Surefin and Insurm; Ceritficatei of hianvnca: C0NTR4CT0R'sLiabifi61n=A2n&e obligitiocis under the Contract'D6cam;ents: whether it is to be performed or furnished by -CONTRACTOR. any Subcohuiclor or Supplies, or by any6ne directly or indirectl employed by any of them to perform offamish any; of Work: or by anyone for whose acts any of thanminy heliable: 5.411. claims uirder workerscompensation, disability bcricrits and other similaremployce 6crelit gets; 5..,4.2, claims for damages because of bodilinjury, Octupau . mail SIcIMM or disease, ' M ,death of ,CONMACTOR'iemlilcycis; - 5:43 clamns7for damitges,because of bodily injury, ,sickness or discase, or death of any person other than, C.ONTRACTORiemplcyccs; MAOMMY of sus IZ at 5.4.5. Antis FwcIantages, other than'to the Work 'itself bicause. Of inI o ty to r'-destruction of tangible' :property wherever . located; :mcluding l6si of use resulting therefrom: end 5.4.6. claims for damages because of bodily injury or .death of any perx'p or K?'perty"dam'age arising out Of the ownership, . maintenance- isinteraince or use of any macir vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased mrKI maintained shalt; 5.4.7. with respect to insuiiInoe required by panignip ' hs 5A.3 through 5.4.i5 inclusive, and 5.4.9. include [as idditional insuieds (subject to any customary exclusion in respect' of profissional its identified imn shall be covem6a for of all such 5-4.8. include'the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or req uired Eby, Laws or Regulations; which6ir is greater; 5.4.9..include completed operations insurance; EJCDCCENERAl CONDITIONS 19105 (1990 Edgm) -&taTy6r-FORT COLIJMM66h,I'CATiONS(RSV 4.nODO). 5.4.10. include contractual liability iWAMUke covering CONTRACTOR'S indemnity. obligations n uer parigra I I "d-1 phs 6.1.2 606'Brid 6.31 through 633; 5.4.12. remain in effeit it least until final payinent and at all times thcrcificrwhat CONTRACTOR 'may' be correcting, removing or replacing defective Work In accordaricewith ppragraph 13.12; ttro' with respect to completed 61,x-ra to , It as x,.and any itisurance coverage written on a nade basis. remain in elfect4or at least two has OWNER's Liability Insurance: at final 5.5. . In addition to,irammcc required to be provi&d by'�CONTRACTOR under paragraph54OWNER. at, OWNER's option, may 'pwchtiic :and maintain it OWNER's experie-OWNER'sl6wri liability utstrianot'as will protect OWNER apinst diinns which may arise from operations unciar the Contract Documents. Properly In-m . nce., 56.—Unliw,,atheAwi-e-ff'ovided-Hi4he s;urplamentary Gonditiom—OWNER--sIvil nd—maintain of -the -full replocemmt-cost-thereof-.(subject=-to-suoh -5;64 --- include—the—imereina—of --- OWNER, El�Pls ad an Mer mems or t6,_ a -C o'nditi n'; aii� . eachend drag-belisiediisen-ussured;or=additioanbiiieured; lh,t4l:�: 64 7 the followin �g Cl 0 '5:6 -3.— irk I uk--'tx* p e ns e3--irre u acmd—1 m—th ml - _of n, iy4rem red -p i4at3,, (iml u 'cb =&bu'r= 5 6 4 mm-4 m-' .1 sho site o-m- ntmg.by FmenMnve' dean Hl rt 38.the-meiiilnined-in-eReet-tmtil-futeF-peymrnt; is :MA sq'M 11 :5.9. OWNER shmU hot be responsible for pwchaging ,and maintaining, any. propc4 kiulanc'e to proled the interests of CONTRACTOR, SubcIontractom w others in 7 10 VqOCqp" M 9O?iMMO191" (IME&dw) ul/=0FF0P,T0DLIAM . MODIFIC . ATIO"-V9n000) 0 tt!ftn�2 R m4kh-f'sf � si-eh �she-i 5.11.2. hi Wditi I - - * — . FighN egeinsi 811 Q18 471 Mtt OVthetri: for:. beyond-4 weEt—physlica to OWNER' and agents ef aRy 09them. ReceipitandApplicati.on of Insurance Proceeds., 5,12. Ahy insured, lossunder the, policies of, insurance required by "paragraphs hs 5.6 and 5.7 will be adjusted with OWNER and made payable Io OWNER as fiduciary for the 'insureds, -as ' thived interests may uppcur. subject 16 die r6q6irements of any applical,16 mortgage clause and of Dinair6la'533. OWNER shall- deposit in ri'scverite the Work, such use,or in accordance with i account of any such partial use or w ,ARTlCLE6=C0N`TRAC-l-0R-S. RESPONSIBILITIES darmagcd Work shall 66'�' r6l�aircd creplaced, the moneys so` received u-pplied on account th ctfrd the Work and the cost'ithercof cowered by an appropriate -Change Order or 'Surperi-ision "dSuperintividwec Written Amendment. - . 11 6.1. CONTRACI'OR shall supervise, inspect arid .5.13. OWNER as fiduciary slisill have power to, adjust direct the Work c6inpetently :and efficiently, devoting and settle any •leca with'the :insurers unleiii one of the such anamim" thereto... and "applying such skills and 'parties in interest shall object in writing within fifteen days expertise as may be necessary to perform 'the Work in after the occurrence of loss to OWNE'R's mercise of this accordance with the ' Contract Docannevits. powcr. If such objection be made, OWNER ',is fiduciary CONTRACTOR shall besolelyre.-Whsible for thcmeans„ shall'make settlement with the iriSUTC-17S maccordance with th6i" technique,, sequences and 'proc ures' of such agrcemirit;as the parties iminterest may reaeli Ifrio ccrnstrubtior, but CONTRACTOR shall not bc'rispmasiblc ,such agrecmcnt among the parties-in'interest is reached, for the negligence of others in the &—sign or specification OWNER as fiduciary shall adjust and settle the loss with of a specific means, method technique. sequence or the insurers and; i -requi ny.p" in procedure of commaction which is showner indicated in Acceptmce o(fion dv and Insummee;,Opfimi tv'Replace: 6.2. times under will' be Labor, Pfasqls and Equipment: 6.3. CONTRACTOR shall provide competem., suitably qualified personnel to surirey, lay out and construct the W4k as rectuaired by the Contract .Partial Udkzafion—Property Insurance: 5.15. If OWNER finds it necessary to occupy-or'usefa' pEktibn' or portions of the Work prior to Substantial EXWGENEMCONDIMON31910-8(19WE&dW) .1 CITY OF FORT COLU M MODIFICATIONS 064i 4/20001 0 0 A 0 11 6.4. Unless otherwise -specified in the General Requvemerits• CONTRACTOR shall furnish -and assume full responsibility for .all materials, equipment' labor. tmnsportation, construction equipment 'and machinery; tools; appliances, fuel, power, light,heat, telephone; water; si•viimry facilities,•tempry om.:facdities •.arid -all other facilities and incidentals necessary for the fomishing, performance, testing, start-up and completion 'of the Work,. f'urohaiing.estricl ft CONTMCTOR must conip)v'witFi do.RCitv'sdurcfiasint restrictions. A copy of the resolutions are available for review in the offices of. the -purchasing nnd- Risk: Nlnnagement Division or the City -Clerk's once.- 6.4.2. Cement, Restrictions: City of Fort�Collins 'Resolution 91-121 requires that suppliers and producers of ccsncofor prodders conmining'ccment to ccnify'that the cement was rrol made in cement kilnsthat bum .hazardous waste iisa tucl. `65: All materials and eiryipmeht. shall be of good quality and new, except as'allierwise provided in the Contract Documents_ All , warranties and guarantees specifically called for by. the 3Pcciftcatiors shall ex-messly tests) M.tc meat.. All �Progre gehedrfe: 6.6. CONTRAMR shall adhere, to the progress :schedule established in accordance with paragraph 29 as it maybe adjusted from time to time as provided below: 6.6.1.:CONTRACTOR 'shall submit to ENGE=- Cor accepterice (to die extent iridicateil in jiaiaggrraaph2.9)jproposed nCjusmrems.in tke progress �schcdulc that,wdl apt chango the Comma Times'(ar Ivhkstona). Such adlusmtems tyillconCamgerrcrally. I. the progress schedule then in et%t and addrhonally w ill comply• wnh any'piodisions'of the General Requirements apphwble thereto 6.6.2. proposed adjustments in the progm schedule ,that will change, the Contract Times (or Milestones) shall be submitted in accordance with the regdocrnents ,of paiagruph1,21 Such ailjustnents may: only'be made by a Change Ordcr or Written Amendment in accordance with Article. 12:. 6.7. Rabsiftta and"Or-EgaprPliems 6.7.1. Wheneya.en ilern of materiel or equipmentis specified or described in the Contract Dohiments;by usir4 the mine of a proprietary item or the name of a ParticularSupplier, the speeifimtion or description is mtended.to establish'the type, function -and quality .required! Unless the specification or description EXMOEMLa LCONDIT1OM]9108(t990E(fitim) 12 rid CITYOFFORTODLIAM.MODIRCA-nOl4Sfk';V4/1a9a), oomoins,or is followed by words ieadirC that no like, 'equivalent or, "or -equal" itemor no substitution is. permitted, other items of material a, equipment or material a equipment of other"Suppliers may :be accepted 'by ENGINEER under the following circumstances: ... . 6.71.1..99r-EquaP`..:If in ENGINMR's sole. discretion 'an item ;of material a,euuipment or 'as "supplemented in the 'and as ENGINEER,miiy' under the eircumstences.. ' prop osed'sutistitutc items; nt will not be accepted by anyone- other than ;ONTRACTOR wishes to titute item of rilat6ial or CTOR shell first make: eat. R any. to which the :evaluation nce of the proposed substitute will• ONTRACTOR's achievemem of -empletion on time; whether or not. tithe substitute for use in the Work. a change in any of the Contract (or in the provisions of any other icl with OWNER -fa work on the. adapt the design to Jhc proposed, a; 'by� the "resulting change, all 'of -which will.be considered by _.ENGI= in evaluating, the pr substitute. , ENGINEER may require 'CONTRACTOR"to (umish eilditional data about kproposed substitutc. 63.1.3. COA RACTOMY apehse:..All datatobe provided by CONTRACTOR in support. of,my proposed "or -equal" or substitute item will be in CONTRACTOR's expense. 472. ,SubsBnite 'Cons'inreiion Methods Procedures: If a specific meani, methoit, tech sequrnce or procedure of construction is sho indicated in and-eimressly reouired In, the G M to furnish a be 6.9. ;r or rot GNOINLWi oposed or submittedby .,TOR shall , reituburse .of. ENGIN'r 'and r evaluaiii* each such 6_8. ConcembiR Subcontractors; Suppliers and Othen: CONTTRACTOR shill aerfortn iiot leas Bran 20 percent. of the Work with is -own -faces fthat. is. withoufsubmntradinel. The 20 oercenDreauimment shall be.mderstood to refer to'the Wort: the value of which totals not less then"20 percent of. the Conuact" Price - -.tJCDCOENEKAL CONDITIONS 1910E (1990 MUM) "13 . ,.. .. w/ t]]Y OF FORT NL W Id MODII.7CATIONS (RfiV A/1000), 11 0 AGREEMENTFORMS 00520 Agreement 00530 Notice to Proceed CONTRACTOR shall be solely responsible :heduGag ;apd coordi at .the Work of atraaors. Suppliers and other persmss_and zalions'performittg or, furouhM xiry of the •under a direct Q indirect 'contract with 'RACYOR- CONTRACTOR shall rmpire:all rirsctors• Suppliers and such other persdrit and rations performing - or furnishing,, any, of the to ccmmunicute with the LNG.OtER through 6.10. The divisions and section's'of the Specifications and the Iiden66catiom• of any Drawings shall. an" control CONTRACTOR in dnviding the Work among Subcontractors or Sopplteis or delineating.the Work to be performed hy"any jte ,io badc. . Patent Fees and Royaftres: of royalty to others, the existence of such rights shall be 'disclodcd by OWNER,iritha Cm"ul DocumcMs. To the 1,4 EJCDCOENMCC011D'nOMf910.E(1990Edduo) wlCITY OFFORTCOLLIt S. MODn7CATIOM ft,IP000) 0 Perthi , 6.14. LawsandRegalaaons: 6,14.1. CONTRACTOR shall give all notim and oomply with all Lai" and Regulations applicablc to, furmslung and performance of,th"e Work. Ekcepl whae' otherwise. eigiressly re3mred by Alipliceble, Laws .and Regulations, ncither' ;OWNER nor ENGINEER shall be responsible for monitoring CON'rRACTOR's compliance with any Laws , . Rcgulntipns. 6.14.2. If CONTRACTORS Worms -any Work knowing or having reason)o know.66i,it is contrary Taxes 6.15. CONTRACTOR shall pay all sales, consumer, 'tise ,and other •.similar` takerequired. to be paid by :CONTRACTOR in accordalee with the Laws -.and. Rcgulatioris.•, of the place of the Project which are applicable during the performance of the Work. 6,_15.L OWNER is exempt from Cotomdo State and load sales 'and .use taxes on materialsto be permanently .... - reur..orpo ,ted into the:proiect:. Said taxes shall not le'mcluded in the Contmn Price. dam. . Colaado Department of Revenue State Capital Annex 137551hennan Street Denver, Colorado, 80261 Sales and Use. Taxes la the .Sute of Colorado Renionnl Transportation District (RTD) and certain 'Colorado counties are collected by the State of Colorado and are included in the Certification of rxem tion. Alf applicable sales and Use Taxes (includirtg=State collecieil taxes), on any items other than' construction 'and building materials physically incorporated into the a ect ere.tn be id .CONTRACTOR rind me to mcluded rn appropriate bid items. Use of PIends 6,18. CONTRACTOR shall not.lced nor permit any, part ,6f,m3—structure to be loaded,'in en>>•;memier that .will endanger the structure, not shall COITRACTOR subject. my. part of the Work'oradjacent property to.stressrs a t pressuras that will endanger it. Record Docunre w F.ICUCGENOtAL CONDITIONS 19104 (1990 MORI a/4TY OF FORT COLLINS M6biFICATIONS (R6A/ra0a), Safer}' and Prorecti : 6.20. CONTRACTOR .shall be responsible fa initiatirt% maintaining and supervising all safety' precautions and programs in connection with the Work: CONTRACTORshalltakc Mall necessary praatto.aic`for the safety oC and"shall Provide the necessary prolectionto, prevent damage: injoy or Hiss to: 6.20.1, all persons on: the.Wcrk site or who may be affected by the Work;, 6.20.2all the WorVarid'materials and equipment to be incorpantcd-therein.• whether in storage on.or off the site: and 6.20.3. other property at the site or adjacent thereto, including trees, anrttba, lawm wa0:s, pavements, roadways, structures, utilities; .and Underground Facilities tint designated for removal, relocation ,or • replacement in the coum of construction. CONTRACTORshall comply, with all applicablc Laws and Regulations of any public body havingjunsdlction for safety of personator,property or to protect them from damaeo.'iniury a loss .oad shall. sect and maintain all (ceptdamage or a.Specifications GNGINUR or loyed by any of n may be liable, , arwholeor to ACTORor any or organization any of them). ies for thc"iiky until suck time ER has issued e 15 r� lJ notice.to;OWNER and CONTRACTOR yin;accordance .with paragraph 14.13 that the Work is accepteble'(eeoept ai otherwise expressly provided in connection with Substantial Cmopleuon): ' 6.21. Safety M*&eksdve. CONTRACTOR shall desigate . o _quafified and experienced -safety representative at the.site,whose duties dad resPmsibilities shall belthe,pret emion of accidents and the mamtaining and supervising of safety prec6uti6m aid prdgmrna Ha:.ardConrmunicwrion Progro7- '6.22. CONTRACTOR shall be responsible; fir 'coardunstog any exchange of inataial safety dma sheets or other h zird communication information required to be made available to or exchanged between or among cinployers at the ,site^ in accordance with Laws, or. Regulations. . Lay, , . Fniergeneiev: 624. .5*0? 6nwfngs andSamples:. 6.24 2. CONTRACTOR shall also submitSamples.to -ENGAEER for review'and * approval in -accordance :with. mid accepted schedule of Shop lkawings.and --Sample; submittals. Bach.Sample will be identified .clearly as to materml,',Supplier, pertinent data such as catalog.nambers'and.the use for which intended. and .otherwise' as ENGINEER may require' to enable ENGINEER to Tevtew'the submittal for the limited 16' F.KDCOEMMALCOMMM 191H(ImEdtim)' uVr3TY6FF6RT6oLbm .MODIFi&TtoNs(aEV4n000) 0 purposes.requ'wed by paragraph6.26. The nambens of each Sample to be submitted will be as specified in the specifications. 6.25 Submirrnf Procedures^ 6.25.1-Before submitting each Shoe Drawing or Sample. CONTRACTOR shall havedetermined and verified. 6.25.1.1. all Geld meaLsuremenis, quantities, �dnmensionsi, specified performance, criteria; insinllntion requirements; materials, catalog, :numbers and similar -information with respect' thereto, '6.25.1.2: all materials with respect to intended use, -fabrication, shipping, handling; storage,; assembly and ' lnala tion patabung io the per f " ncc of the Work, and_ ' i6.25.13. all, information relatiJe to �CONq RACTOR's solo responsibilities in respect, of means, method; techniques, -sequences ;and procedures of corutruction'and safety precautions andprogren sincidentthercto:'' CONTRACTOR shall also Have reviewedand coordinated each. Shop Drawing or Sample with other: SFwp, Drawings and Samplesand with the requirements of the Work and ,tire Oltrect; I)ociimerits: 6.25.2. Fach submittal will bear .a stamp; or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations tinder the Contract. Documents with respect to.CONTRACTORs rcvi iv end approval of that submittal. 6,27. ENGINRERs review. arid apprinisl of,. iShop fiorn .6.28, Where'a Shop Drawing or Sample L% required by the Contract Documents 617 th c schedule of shop Drawing and SamjiV submissions "accepted liy'FNGTNEER as requirod-by. portigraphI9, any related Work performed to hlNGJNFER's review and approval of the pertinent stabinitail will he at the 6 sale T—,nml responsibility of CONTRACTOR Conanuing the Work-, 6,29, CONTRACTOR "D carry' an the Work and adhere I fie to I the progress schedule I dur ing, . all disputes or diiagriimims With OWNER: N6 Work shall be delayed or postponed pending resolution of tiny disputes or disagreements, �otpt as permitted by paragraph 15.5 or as OWNER dhd CONTRACTOR may otherwise a0ce in writing. 6.30. CONTRACTOR's Guierat Warrantv and 65rarmaree., '630.1. CONTRACTOR warrants and guarantees to �OWNER, INGITMEWand,ENGINEERs ConsultunLi 'that all Work will be in accordance with the Cataract Documents :and will not be defecrim ;CONTRACTOR'S warnuity and guarruntee hereunder cxcludes defi6ts or damage caused by: 6.30.1.1. abuse;, modification or impropermaintenance or operation by persons other than CONTRACT* Subduatractons or Suppliers; or 6.30.1.2. normal wear and tear under normal :usage. 6.36.2:cbNTRACT6R's obligation to peronintand :complete the W&Viri acoordana with the Contract Documents shall be absolube. � Noneof thefollowing will constitute an acceptance of Work thtt'is:acit in EXDC GENSM CONDITIONS 19105 (IM MOO) wfaiy or FORT ODLUM M66in'&ATIONS (REV4/21100), accordance with the,Contraq Documents or a release of,CONTRACTORs obligation to perfixtinthe Work in accordance with the Contract Documents 6.30.2.1. abservationsbyENGINEER; 6.30.2.2. recornincindatiort of any prolTess or final payment by ENGINEER; 6.30.2.3. the ismiance of a cartifictite of Substantial 'Completiorn or any payrnemC by OWNER 16'CONTRACTOR under die Contract Documents; 00.2.4. use or occtiparty, oithe Work -or any part thereof by OWNER; 630.2.5. any acceptance by OWNER or miy' failure to do so, 630.2.6. any review,and approval of a Shop; Din"i or Sample hubmirlial a the ilisturiceof a notice of acceptability by ENGINEER pursuant' to paragraph 14.13; 630,23. any in.spco on, " or npproval by othem, or 6J6.2.8. any correction of-ckfective Work by, OWNFR, Indithinification: 632.. In any -and. allclaims against OWNER or. MG=- or say of their respective coasultams, akcnis, officers, directors cir employees by any employee (at the survivor or parsaaal repinemative of such empkiyee), of CONTRACTOR any Subbontractor, . any Stipplicr, any persotf or or&mzmicm directly or indirectly emplayed by 17 0 0 any.. of tMm'..t0 perform orfilinish any of tM Work a anyone. for tvhoxacts any. of them may Inn liable, the indemnification obligation tin da,peregrnph6.31 shall not be'limited in. any way by any limitation on'the amour or iyl a of damages,. compensation,o benefits payable by or for CONTRACTOR or any sudt Subconunctor, Supplier of son other peror,organimUon-unda workent compensation acts, disobility benefit nos or other employee benefit acts 6:33. The indemnification obligations of CONTRACTOR under paragmph 6.31 shall not 'maehd to the liability of ENGINEER and ENGINEEIVO-onsuliants;' officers,- direcmrs,, employees or, agents .caused. bythe professional negligence; errors or omissions of any of them,. S} Miwl ofObfigahons; `6.34: All rcprcicntation%, indemnifications• warranties •end gummaees made.im required by or given inaccordance with.the Contracl'Doarments, as well wall continuityg- obligations indicated in the Contract Documents, will survive final payment oimplet.ond "n aaccejitaiice of the, Work and tenuiralion 6r completion of tha Agrcc enil .ARTI&E 7,-OTHF,R 3VORK Refined Wank at.%it 7:1. OWNER may perform otha work related to the Projcet at the,sitc•6y OWNER'i own fooes,_w Yet otJiz direct contracts thereforwhich shall contain General. Conditions similar to these, or`have other work performed byutibty owners. If the fact thin such otherrwork is to be' any :Such other are unable to $)MCOENOVI COM%TIOM 19104 (199013dtiea) 18. vddTy.64016COLMr14 MOUItTCAT10NS (ltEv4/1a00) provsnons, for the tieriefit of CONTRACTOR in said direct r ontmcls between OWNER"acid sucFi utility: owners: and other contractors,, Cooreadadon 7:4.. If OWNER contracts with others for 'that performance of other work on the:Pr_ojea at the site, the, following will be set forth in Supplementary Condition:, 74:1: the perry son, Firm, coomtion who will have, authority and" nd rcrspno�ibility>,fm coordination of -,the activities among t various pnmc.66huactors will_bc.' identified; <7.4.2. , the jxcificmatters to be coveied by such authority and responsibility,will be itemizod: and 7.4.3. .,.the eUnt of such authority mid, rcsponsibilitiesAwil tInc; provided, Unless othcrwix provided in the Supplementary Conditions; OWNER, shall have. sole authority. and resporisiliility m respect of such coad nation. .. .. _._. 'ARTICLE 8=OWNER'S RFSf'ONSmQ.TITFS M. Except -,as otherwise provided in. these,General Condifio k OWNER shall issuc all canmwicafiurts-to CONTRACTOR through ENGINEER: 82., In.ease of termination of the employmentof ENGINEER, OWNER shiall appoiia an engmmer;egainst- whom-.C-ON-TRAC-'OR-makes-no-nesonble-objeetimt; wh6x stasis tiniler.the;Cokract Imcuments shall be that: of the forsrier;ENGINEEA" 83. 'OWNER shell furnish'the. data required of OWNER under the Contract Documents' promptly:and shall make'payments to CONTRACTOR. promptly when they are due as provided in paragraphs 14.4 and 14.13: 64. "OWNERs dutiesin respect of providing lands'. and easements and providing engineering surreyyss `to - establish reference poets are x[ forth m peregrephs 4.1 end 4.4. Pamgaph42 refers to OWNER's'identifying and making ;available to CONTRACTOR copies, of reports bf gacplorations:and tests•of subsurface 6oriditiois: et the site and draw" of physiod ocrd Lions in existirig" 'structures at or contiguous to: the site that have been utilized by ENGINEER inpreparii;g the Conima Docianint&- I b I'l S " 12spivel E f - fotthirtparagruphc 8.6. OWNER is obligated to execute Changi Orders as indicated in paragraph 10.4. 83. OWNERs responsibility in respect of certain :inspections, tests' and approvals is set fbrth in jAregraph 13A. -8.9. In connection with OWNER's right tosiop Work or stv; I pend WA, - we paragraphs 13.16 and 15.1. qNuapap,h 15.2'&alswith OWNER'S iight to temirate services of CONTRACTOR tinder wrtain circurnsunices. obligations ARTrCI,F. 9�,FNGINEFRT STATUS DURING CONSTRUCTION OWNER'sRepresentative 9.1, ENGINEER will be OWITER`s representatve the construction period. The dulring- — , dtc and respombilifies and the limitations. �.of euthority of ENGINEER as OWMER's representative during corisbructitin are.set forth in the Contract D6iUments and shall not be extended without written consent of OWNER aMENGYNEEP IlWar to &is: 9.2. ENGINEER willmake visits to the site at intervals — .-tc� . 1 11 . I I ion as ED the ENGINEER to various stages o construct timns fiecessin'y-in order to obsire at an experienced aril qualified desigri-profcsiional the progress ,EXMCGENEMCONDITIOM19109(199OEddm) w/myrimpf ooLiiNsm66iFiCATi6Ni(RiiV412009). Project flepresenradve., 931 The Repicwn tivc in,. mat on n't vertal TL be with the ENGINEER and CONTRACTOR, Bul. the R-will keen the OWNER MoMky.2dlm-matters. The Representative's, dmILnM with subcontractors will only be throuM or with CONTRACTOR: 9.3.2. Duties and Responsibilities. . Representative will. 9321.Schedules - Review the prmess 19 0 11 0 u schedule and other 'schedules ---urepared-by the; CONTRACTOR and consult with the ENGINEER mncmr ng acceptability. 9.3:2.2. 'Conferences and Mwting = Attmd nearing with. .the CONTRACTOR such ns prmomtruction conferencesmoeress meetings and other job conferences) and Prepare and crrculatacobtes of minutes oCmeetine§ , 9:3.2.3.Lisison 0.3.2.3.1. Serve as ENGINEERS liaison with CONTRACTOR, worlim tximiwlly through CONTRACTORS-mpeiintendent to assist the CONTRACTOR"in understanding the Comract'!Documenls. 93.2.1i Assist in obtaining from OWNER additional 'details or information when required, for Proper a mution'of the Work. %123 4: Advise the-h'NGINFER and CONTRACTOR of the.commenc wt of aSho mnWbmv¢ the' sobmp ihwg nr not bcm apaoved by. the'hNGINEER. 9.3.2:4:Rgyjgw oFW,gk. Rejection ofI)ofectjtv_e Wor Impactions and Tests -- 93.2A.I. 'Conductor=site observations of 99 toe R%o ..... _a.. st i e tcftllt at the Work is taococdina in aomrdance with the Cmtrnct DommenLa 9_3i2A..3. Aocompanv visiiir>P., inspectors reorescntnt V blic� or. other. ogencies.having jmsdicyon'over'dic Project;,reciir<I the resulLv .of 'these inspections and -rumnto the' MNULNERR 9.32.5. Imemrete6on :of Conunct Documents.. Report to-E'NGR=- when clarifications and inlenmtatiom:of tl a Contract Doc=mts are needed and I nnnil to _CONTRACTOR clarification and interpretation of .the Commct Dmumenis'. as:: issual_bv the ENGINEER '9316. Modifications. Consider 'and evaluate CONTRACTOR'S sugaestiom for 20 EICDCOEFffRALCONDInONR1919A(1990Ednien) cd 6w OF FORT COIj.IPSMOL)LECATIONS (Rt;V A/1000) lltoditlattiori bt Dmwinee or Specifications and nmori these ruommeitdations to ENGINEER- Aaumtely pmnstnil to CONTRACTOR decisions issued bMI E'NGIH�ER- 9.3.2.7. Records. 9.3.2.8. Repgts 93281 Fumish ]DIOMER neriodic Tgwri& a�s required.. of the progress of the Work .and of .the CONTRACTOR'S. .e lndulliaticeof witfi-tshohe pro�hedule:aad ,tcti'ee.. 1'u Drewin¢ 'md sample: submittals, 9,3,18.2. Con ilt with ENGINEER in. advance =oC scFieduliip+ major tests, inscectioris or stair of important phases of the' Wort; :9.3.2:83. Draft or000sed'Chame:Ordm -andWork-Directive Chames: 'olHainina 'backup metmal from .the CONTRACTOR md recommend' to 'ENGINEER Change Omen Work Directive Cha mm and field onlers 932:8:4. Report immediately to ENGINEER -and OIAWM lie occurrrnce'of any eccidenlf 9.32.9.I Payment Requests. R4icw aoolim6om for ten with COITMACTOR for compliance wi the esrabl9wd pr=dure "for =their submission and Forward with recommendation m ENGINEER notion particularly -the relationship of th�yment requested to the: schedule of values, work, completed and materials and egmprnem delivered at the site but ndincorporeted to the Work 932:10. Completion. 9:3 2.10.1. Before. ENGINEER i=es a Certificate of Substantial: Cwnpletiori stibmil to -CONTRACTOR a list of observed items reouiriiis correction"or c=oldioiL 9:3.2 M: Conduct final -inspection in the. oomixiny of. the RNGINFF,R.:OWNER'nnd CONTRACfOR."and prepare'a final list of items to be'coriected or completeil.. 932101 .Observe that all items on the final list have been corrected or complcted and make recommendations to ENGINEER commming acceptance.. 9.3.3. Limitation of Authoritv: The -Representative shall not: 9.331.. Authoriio any deviations Crom the Contract Documents :or accent: any substitute s e jets 2� SSNJPIILIItVl31£�eutli4llZfSt�+3'� ENGINEER. .... - .9.3.3.2.- ..Exceed limitations, of LNGINEER'S authority as set forth in the Comraet Documents t 9.3:3k3.. Undertake any of Ahe resnoniibiliocs of the :CONTRACTOR. Subcpntmctm.% er CONTRACTOR'S superintendent'. - 9 3 3 4 Advise_4g._4Lis,Aue_diLect;or�s ref-90yy' to .or..a me Control over 'any..a Ct of the means, methods .imluilwes,'. soouences or pnMccdures& 'cotlStNcum unless.:such tis specifically called for in the Contract Documents. 9.3.33, Advise (in err isssoe directions re rdim-or:.assume control over safety precautions and propiams in uumectims'with the Work 9.3.3.6. Accept SFmp DrawjW or 'sample sulSmittals 'hart anyone. other ''than the CONTRACTOR - 9337_ Authorize. OWNER .to occupy the :Work in whole or in part, -9.3:3.8: Participate in somialiIed Geld or labomtow tests or inspections conducted by others ex --• as 511-1 ally euthoriud 6y the ENGINEER. Claiiftenaiuns and fnferprefatiom. 9.4. ENGINEER will jssm with reasonable promptness such. written 'claifcations a intetpretatipm of the, .EICDCGENEM CONDITIONS 1910 8 (IM e(Itim) wtai'y OF Foif cOLuNs MODIFICATIONS QMr4/1000), he Contract Documents (in the form ,of :rwise) as ENGIN=- may determine shall be consistent with the intent of and or theContract Times and the parties me unable`to agree. to the amount or extent thereof, if arrryryI OWNER ci CONTRACTOR may male a wriucri'claim themror az- provided'in Article I I orAhicicI1.- - - Authorized Variations in Wort.: INEER rimy'authorize'�minor,vmiatjons in rom the requnemerits of the Contract rli:6 do not involve an ad)'jutment. in thc�. e.a the Contmct Times and are compatible. gn conccia of the completed Project'a's''a. whole as indicated by the Conrad These may be ec3i mpliihe'd by'a Field Order binding m OWNER and also on OR who shall nerform [I& Work involved the Contract Times and the panies'am unable to agrce as to the amount - or c#cnt 'theieof, OWNER' or C(5 TTRACTOR may make a wrillenclaim therefor,as provided in Article l l or 12. - Ryeiring.Defecfrve WorM,- 9.6.. ENGINEER will have. authority to disapprove or reject Work which ENGINEER believes to be defective, as Shop Drawings, Change Ordas.andPayments 9.7.. In connection with ENGINEER's authority as to Shop I ni%vri s'and Samples: me paragraphs 6.24 through 6.28 mcluslve.' . 9.8. In connection with ENOWEERs authority as to Change Orders, ice Articles 10, 1 l end 12. 9.9. In mmmtion with ENGINIEER's eudkirity as to Applications for payment; -see Article 14. I)d rminofions for Unit Prices: 9.10. ENGMER willdetcrmiw the actual quantifies. and classificatimis;of, Unit Price Work performed ,by 'CONTRACTOR. 'ENGINEER, will review with 'CONTR:4C7'OR' the ENGINSRR's. lireliminary determinations on such matters bef n: rendering a written' decision thereon (by recommendation of an Application. 21 E • Ll E$CDCOR4EBALCOND1710M 1910-8 (1990E16dw) 22 VCi di-iOiFOXT 6CiWMIMODIFI&MOi4i , 90000) 10 decision, unl=.other%,iw,aSroW in writing byOWNER, mid CONTRACTOR 911 lbnitafions on INGIMER's Amdiorrlp, and 9-13.3. ENGINEER. will not be reTonsible for the acts -or can, isssions of CONTRACTOR or 'of ary' Subconlrncl&, u4 S6ppfier, or of any other -person Or organizatiow perforrnmg, or fmWft any of the: 9.13:5. The limitations upon authority and responsrbifitysit fonti in this par pfi 9:13pr also apply to ENGINEER's.Consuhanls; Resident Project Representative and assistants. ,ARTICLE 10—CHANGES, IN THE WORK 10.1. Without invalidating the Agreement and without .notice to any surely; OWNER may, at any_tim; or Gorir time to tune, order additions; deletions ortevisicrii inthc Work.. Such additions, deletions or, revisions will be authorized by a Written Amendment, a Change Omer; or -a Work Change Directive. Upon receipkof any such decument, CONTRACTOR shall promptly proceed with the"Work invotved which will be performed under the appiicat lc condi ors of the Contract Document' (cxccpris otherwise specifically. provided): 10.2. If OWNER and CONTRACTOR.. are unable to agree in; to the menit, if any, bf an adju'stinem `in the Contract Price or an adjuiinicnt of the Cgntraci Times that should be allowed as a result of a Work -Change Directive, a claim may be made therefor as provided in Article ;I I or Article 12. 103. CONTRACTOR shall trot bo entitled to an incmasc in the Convect Price or an extension of the Convect Times with resrw to any Work performed that is not reeqquuired bythe Contract 'Docnuoents, as amended, modii lied 'end sipplimented as provided in paragraphs Mark] 16, iikccpt iri the case of on emergency A's provided m pa' mgrj)h 6;23 or in the Faso of uncovering Wnrk as provided in Paragraph I3.q. 10A. OWNER'and CONTRACTOR shall excinim "appropriate Change 9rders,recoinmended by ENG04E6R (or Written Amendments) covering: 10.4.1. yhanges in the Work which are (i) ordered by OWNER pursoant to paragraph 10.1. (u) regwred bemuse 'of"acceptance of defecrive Work under paragraph 13.13 or correcting defective Work under paragraph 13.14. or (ui) agreed to by the parties: 10.4.2, changes in the Contract Price or Contract Times which are agreed to by the parties: rand 10.4.3. changes in the Contract price or. Contract Times which emboO the.suhsance of±any, written decision rendered by ENGINEER '.pursuant to plinal3alm 9.11 provided that, in lieu of executing any. such Change Orderi .an appeal may be taken Gom, any suck decision in accordance with the provisory of the Contract Documents and applicable Law's and Regulations; but during any suck appppeeal, CONTRACTOR .shall csrty on, the Work:and acl}icre ;to ,the 'progress schedule 'as provided in -paragraph 6,29t .10.5. If notice of anychange affecting the general so* :of the Work or the pmvisicns of the Cortimat Documents EICDCGEN©iAL CONDITIONS 19108 (1990 Edtiu) w'/ CITY OF FORT ODllltdi M06II.7CATIONS (REV 4/1a00). (nclu mg.but not limited to, Contract Price or Contract, Time is mquirzd by the,provisions of any ;Doad.to,be given to esumtyty:the givino of any such notice.will be CONTRACTOR's responsibility, and the amount of each applicable Boad will be adjusted accordingly. ARTICLE 11—CHANGE OF CONTRACT PRICE 11.1.: The Contract Price constitutes the 'total rompcnsetion (subject to authoriad adjustmcnsl payable to CONTRACTOR for performing the Work. All, dotim responsibilities and obligations.assigned to or undertaken. by CONTRACTOR shall beat C�OIMACfQws etipeci:e: without'chinge in the. ontract Price, 11.2. The'Contract price i6ay,only be,chi%c&by:a Change'Ordcr or by -a Written Amendment. . Any claim for an adjustment in'the Contract PriceShallbe based on written notice delivered by the pdrrtymaking the claim to the other paity'mid to.ENGINEER promptly (but intro. event later Ethan thirty flays) after the Start of the, which the claimant is entitled 'as it result of 'said occurrence, or event. AM claims for adjustment. in the: Contract, Pace shall be determined by' ENGINEER in accordance with. paragraph 9.11 if OWNER and CONTRACTOR.emnot otherwise _agree on the amount involved. No claim Cor in adjustment in the Contract. Prim will be valid if not submitted in accordance with this: paragraph 11.2.. 11 7. .The value;of any Work ;covered by a Change, Order or oC any, claim for.an adjustment in the Contract. Price wM be delennined as follows: 11.3.1. where the Work involved is covered by unit prices contairrd in the Contract Dacumaits, :by applica_tiain'of such tual prices'. to the quantities of the items .involved (subject to the provisions :of 23 E . SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 16th day of January in the year of 2014 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Vogel Concrete Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK 1.1 Renewal. This Agreement is a renewal of the Agreement entered into between the parties on the 12th day of December, 2012, entitled Specifications and Contract Documents for 7290 Crack Seal and Fill Project 2012 City of Fort Collins (hereinafter called The 2012 CONTRACT)and all portions interpreted as if the same were attached hereto. This renewal is authorized pursuant to Article 3.1. Contract Period, of the 2012 CONTRACT. This Agreement shall be effective on the date this Agreement is signed by the City. • 1.2 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 7290 Crack Seal & Fill Project — 2014 Renewal and is generally described in Section 0 10 10. ARTICLE 2. ENGINEER The Project has been designed by City of Fort Collins Streets Department, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 This is a one year agreement but, at the option of the City, the Agreement may be extended for additional one year periods not to exceed 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 ninety (90) calendar days after the date when the Contract Times commence to run as provided in the 9 prographs 11.9.1 through 11.9.3.-inclusive); 113:2. where the Work involved is net covered by unit prices contained in'the-Cormuct DocurnenK bya mutually B'greecl payment beta, =­ lu'ding lump sum '(which may include, an allowance 0 overhead and profitprn I ot.necessarily , m . - aceordarci with paragraph 1 1.6.2); 11.3.3. where the Weak involved is not covered by unit prices contained i6' the Contract Doc6meras and `agreement,to a . I=p Stan is not resched'urider rAiagraph 11.3.2, on the baiii of the Cost of the Work plus as provided in paragraphs 11.4 and 1 1;5) p i a CONTkAcTOR'i fless,frst,overhead,and, fonfit ,Id,Gmvi,id aiiprovided, 'mi pragriolt 11,6): cost dfrlie waik IIA. The term Cost of the Work means the.surn ofall costs necesse, ' rilylhcurred and paid by CONTRACTOR in .the proper perfi an&WtheWmk Except is'ritherwise .May he agreed min 4iiing by'01�� mch,costs shill 'bean 4 . iounts,no higher'than thow.prevailing in the locality of,the llrpjcct shall include only, the following items and "]I not iflcude in :piraolih 11.5; 0 11.4 '' 2 z Cost of all materials and equipment furnished :and incorporated in the'Work, includinA costs, of 11.4.4. Costs of spepiRl consultants (including but not limited to enginw—ts',, ,architects, icstm, ,atorim an d.accountanWl no employed 6r serv=:s sixcifically related to the WML; 11.4. , 5. Supplemental costs including the eoliowinW. 4 The P'ropor I tion or necessary transportation, travel and subsistence wpcnses of CONTRACTOR's employees incurred in discharge of d6fies contr6acclwith the Work-. .11.4.5.2. Cost,, including traasfioftatirm and maintenance. of all materials, supplim cquipmcM.,machincry; applimices, office nand tirnowary fact hies it the site and hand tools nor owned by the vvorkem whiclrdrc_�afisurnid in the 1p'ciyforna , rmcc of, the Work, and cost less matk& value of such items used but not consumed which remain the picrAnyofCONTRACMIZ IIASA., Sale% cansurner, use or similar wes related., to the "Work. Wand for 'which CONTRACTOR is liable. imposcd by Laws drid Regulations. TRACTOR with 11.4.53. Deposits lost for causes,cither than It 'case the cash r­ igerice, of CONTRACTOR, any. ;R: All trade S% Su ontractor or anyone directly or indirectly urns from sale of employed b� any of them or for whose I acts' any shall accrue to of them may be liable, awl royalty j�a� yrr'imd make fam'isi" fees for permits and h6a�. - 11.4.3. Nyramts made by. CONTRACTOR to the Subcontractors for Work performed 4. furnished by 'Subs ntmiias, If required by. OWNER, ,24r MCDCOENDUL CONDITIOM 19104 (1999E"W), M11CiW0iF0P,T' 00.'L'IIM.M-ODMCA-nO'?4S(REV 4PM). 7j 11.4.5.6: Losses and damages,(and related ex ,causod by dimage to; the Work. not coin , piriiatid bjinsurance or by CONTRACTOR 'in connection with the and of CONTRACTOR, or unyoni directly ,or i any of them oi for whose ac liable. Such losses shall and'expaises shall be incl Work for the p CONTRACTOR'sfee. 7 9 "Omogo TP5, CONTRACTOR � CONTRACTOR .1 be proportionate to that stated Pt 11.5.5. Costs due to the :negligence, :�of its CONTRACTOR,, any Stibitmitnicur, or anyone in or indirectly employed by g of them w fm ey =Ytictsurry of them may be liable, including but fie not limited to, the correction of 'ckfective Work, oy 1.0f.materials or ecluipment wrdrigly supplied �ly =making g , ood any damage to property. Of de 11.5.6, Other overhead or general expense -casts of ad any kind and the costs of any item hot specifically and ca .expressly included in paragraph IIA he ng 11.6. The . CONTRAcrows fee allowed to As CONTRACTOR for overhead and profit shall be ad determined as follows: ee 11.6.1;a mutually acceptable lixod fee, or 11.4.0 The cost of utilities, fuel and Fnitary facilitICS-at the site. 11.4.5.8. Minor expenses such as tLIc9r3ras, long diimnce telephone calK telephone service at the site, ,expre ssage and similar petty cash items in a wir the work: 11.4.5.9. Cost of premiums'for additiontil Bonds and insurance required because of changes in the Work. 11.5: The term Cost of the Work shall not ineude any of the tbllcr%vilg- ,11.52. Expenses of CONTRACTORs principal." branch offices other CTO than CONTRACTOR'S �)ffice it Wsire' - - I - I I- - -.1- 11.5.3. . Any, part of CONTR - ACTOR's capital expenses, in I clu- du?r te sl CONTRACTORS o capital employed c the Work'andcharges — - - against CONTRACTOR for delinquent payments. 115.4. CosiVoFpremiums forull-Bonds and for all insuitatce whedrei or not CONTRACTOR -is required by the Contract Documeris.to purchase and, maintain the same (except for the obstcof rcirimos 6rarcmd by subpaitgraw 11.4.5.91 aboie). EXMC GEMAL CONDITIOM 19105 (1990 Hdti0fi) wtairy OF FORT ODUINSMODIFICATIONS OL04/2600)' 11.6.2. if a fixed lee is not agreed upon, then a fee lnk4 on the following perbentages of the various portions d the Cost 6fthe Work:' ,11:6.2.1. for costs incurred under paragraphs114,11 the CONTRACTOR'S fee shall be fifteen peronnt; 11.6.2.2. for costs incurred under paragraph 1 LU, the CONTRACTORs fee shall be five 0rcen4 11.6.23. where -one or more tiers' of, suhcontiacts-arc na the basis of Cost of the Work plus ri fee end no fixed fee is, agreed upon, the .a of paragraphs 11.4.1, 11.42, 11.43 and 11.6.2 is that the Subcontractor who -actually performs or i CS the W '. at whatever. tier. will he paid a,fee- f fifteen percent -of the"c'itt; incurred by such Subcontractoi under pamgmphs, 11.4.1 and 11.4.2 and that my higher fier `Subecininictor and CONTRACTOR will each be pKiid to be negotiated e OWNER but not to exceed ount paid to the next lower tier Subconiim= 11,6.2.4. no lee shall be payable an the basis iofcosu iternimil under paragraphs 11.4.4. 1 IA.5 and 11.5; 11.6.2.5. iheurnount of credit to be,allowed WNFR for any. °by CONTRACTOR to.0 'chan which resultiilinii net dc6resiseiii cost will be they. amount of the actual net d=ease in cost plus.a, deduction in CONTRACTOR!s fe;tby an mount equal to five percent of such net decrease; and 11.6.2.6. when b oth additions, and 'crcdits are: involved in any one change, the o4jttiatmermint CONTP ACTORs cc shn � computed on the basis of , the net change in accordance with parrigni'phi 71.6.2.1 through 11.6.23; inchiiive, ll.T, Whenever the cog of any Work is to be 25, 0 L 0 determined pursuant to, paragraphs 114 and 11.5. CONTRACTOR will esmblisb and :maintain records :thereof in•aanrclance with-gencmlly.eceepted accounting pier, submit in fair acceptable to L'•NGINC•ERan dices and itemized cost laeelilown together with supporting data. Cash Allowances: 1118. It is understoodthat.CONTRACTOR has included iri the ...Contract Price :all-allosvaiicrs .W rm aed in the Contract Documents and shall taus: the Work"so'covered .to*bt furnished;sinul performed for'suclr surris•as amijbi -acceptable to OWNER and ENGINEER CONTRACTOR' agees that: 11.8.1. the allowances include the, coat to CONTRACI'OR (less ,,i n), applicable utide �discounts)• of materials and cquipmcna required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's. costs Cor 3unloading .and 'handling on the'site, labor, installation costs, overhead,. :profit .and other expenses contemplated for the allowances have been included in the Contract Price and not ,in the allowances and no demand far Wditional pay"mmt oi'accountof any of the foregoing ;will be valid.. Prior to final pa}7nem: an appropriate Chaage Order will be issacd as�recommendetl by:ENGINEER to reflect,actual amounts oAte CONTRAC"I'OR on ecao.1 of Work 'covered h5' allowances; ' and the ;Contract Priox`. shall be -ocere-spondirWy adjusted. 11,9, Unit Price {York 11.9.2..Each unit price will be deemed to include an amouneconsidered by CONTRACTOR to be'adequote' to cover CONTRA&OR's-overhead and profitfr each separately identified item. ll9.3.0WNER.ar CONTRACTOR'. may make a claim 'for an. adjusdriem in the Contract Price in ,accordance with Articles I1;if. 11.9. 3 1, the quantii of any item of Unit Price Work .performed , CONTItAUFOR ditleis materially ird sig"ubyfcantly from the" estimated quantity of such item. indicated in the Agreement; EJM,CGENU.ALCONUTIOM 19105 (1990Ediden) 26 a••/aTYpF FORTMLLIMMODDICATIONS(Rhy4ha0a) and 11.9.3.2. : thereas no colrespondmg;adjusinmmv with respect to,an ry other item oCWork;;etdl 11.9.3.3. 'if CONTRACTORbelieves that CONTRACTOR. is entitled to air.;increase in Contract Price as a 'result of liavhig'incurred additional, expense' or `OWNER believes that OWNER is entitled to a decrease in Contract Price' and the parhessrare unable to aged as to the amount of any such increase' or,decteese. 11.9.3.4. `CONTRACTOR acknowledges fiat the OWNER has the right to add or delete items in the .Bidor cnan¢e ouantiticc.at OWNER'S sole' discmtioi without atfcctine the -Contract Prim of .any rcmainirg ,I,cm so Ionia as the. deletion or addition does:noil exceed twenty-five-perotml of the original total Contract price. ARTICLE 12--CHANGEOF CONTRACT TIM ES 12.2. All time limits stated in the Contract. Documents aie of the essence of the Agreement. within the control -of a Subcontractor or Supplier shall be deemed to be delays withinthe control of CONTRACTOR, :ARTICLE 13—TF&S, -AND .INSPECTIONS; CORRECTION,. REMOVAL OR ACCEPTANCE OF DEFECTIIT WORT: 13ll_ NWiceofDefecrx: Prompt notim of rill "d¢fecdve Work of winchOWNERor .ENGINEER have actual knowledge will be given to -CONTRACTOR. All defeciive Work may be; rejected, corrected or accepted as provided in this Article 13. Access to Work., 93.2. OWNER. ENGINEER ENGINEERS, ether remesenantives and nersormel of as applicable Tests andlnspecrions SO 13.3. CONTRACTOR shall give ENGWEER timely notice of readiness of the Work for all required inspections. tests cr approvals, and shall cooperate wrath iiispection'arid testing personnel to facditete required inspections or tests 13A.. Ot%WM shall employ. and pay for the services of ,an independent testing laboratory to .perform all vitipecuons, tests, or approvals; regmred-by itie :Contract DarumeNs except: 13A.1. for'inspections. tesls�or approvals covered by paragraph 13.5 below; 13A.2. that costs'incurred in connection with tests ,or inspections: conducted pursuain to paragraph 13.9. EXMC GENMAL CONDMONS 1910-8 (1990 E3601) - iiaiy Or FORT ODLtj m MOOn7CATIONS 604E ODD). below shall be paid as provided; in said paragraph'.13A and 13.4.3. as Otherwise speciGently provided in the Co nract Documents. If Laws or Regulations ion require any Work (I the X. 13.6. If any Work(or the work 6f others) that is to be inspected, tested or approved is. covacd by CONTRACTOR :without 'written cdncurn:6ee of HNGINEFIR 'it must,. if rcqu&6d by ENGINEER,. be uncovered foinbservation: ' '13.7. Uncovcririg Nork m.rxmided _in,paragmph 13.6 shalt be at CONTRACTOR'S ,.6,Tertse. unless CONTRACTOR has'givcn ENGINEER.timely notice of CONTRACTOR's on=' ion to cover, the =to and ENGINEER has not acted with reasonable,pmmptrxsv in .response to such notice. Orcmieriing Work., 13.8. If nny; Work, is covered contrarytothe written. request of ENGINEER, it must,.... if, requested by ENGINEER, be uncovered for ENGINE]SWs observation and replaced at CONTRACTORS expense;.- 13 . If FNGR4EFR considen if neceswry or advisable. flirt, covered Work be observed by ENGINEER gym. r observation, trhspectum .m tes12 F require, that-portion'of the WV ie all necessary labor. material and trot work: may make a claim therefor 'as` provided in 11. If. however, such Work is not found to be' e,.CONTRACTOR shall be allowed an increase in tract Price poi an e:dasion of the Cahtract Tuna lestona), or both directly attributable to such 27 1 �J 0 • u ,ovcnng, expcsttrt observation; inspection.-,avtitig. replacemem and reconstruction; and; if the parlius me tmeble to -ogee as: to Ihe_emounia.e.�tmt thereof, CONTRACTOR may make a claim therefor as provided in Articles l Lurid It. OWiVER 3fay Stop}he Work. Correcrion orR=oitif ofDefecdve Work If required ,bj• FNGINI M ly; as direcled,either carre -or not Fabricated installed to all costs of 13:12. Correction Period., or or 13.12,2.1n special circumstances where a rwieular 'item of egwpmem is placed in oominucus service .before Substantial Completion of ,all the Work, the 'amrection period for,that item mnystan to run from an - ,earlier dale if so provided in the Spcei6catiore or by_ ,Written Ameralm m. - 13:123..Where:'defecnw Work,(mel,damage to'other ErCDC OE 4EM CONDITI ON8191 ar8 (199O Edd m) '26. c•/Gl'FY OFFORT WLI.INS MODIFICpT10NS,Qtl;V A200b} Work result therefrom) h:is been, oortected, removed or r�acnd;underlthis paragraph 13:12; Uie; correton period hereunder with respect to such Work vvi11 6e extended for an sdditianal period of ale -year two .veers a(tci =h-corrxtion:or removal and replacement has been satisfactorily coinpletel - Aecepranee.ofDefec6re Work: 'O1VAER May Correct Defective Work.- damages will incluAe>btit not be limited to' all costs of repair. or replacement of work of others .destroyed or damaged byp. correction, removal or .replacement of CONTRACTOR's defeclise Work. -CONTRACTOR shall :raCbe allowed in extension of the Caraiaet Times. (a "lestmtes) because of any, delay,iii performance of the Wark attributable to the exercise by OWN ERbf OWNER's rights and remedies hereunder. ARTICLE 14-PAYMENTS TO,CONTRACTOR AND .. - -- COMPLETION Sche&ile of Malues 14.1. The schedule of values established as provided in pamgmph 2.9 will serveos Ihebasis Cor progress payments and wdl be incorpomtcd info a form oC Applicauon foe Psynie`nt acceplable[o ENGINEER. Progress peymenU,on account of Unit PricelVdrk will 6e based on the number of units completed. ;tlpptkation for Pftrecrpaymeat: CONTRiICTOR's.Wa aay of Tide. 14.3. CONTRACTOR werrents,and guammees."it,title toall Work .materials and .equipment :covered by .any Apphcatron faPayment, whether. rneorporated m the Projector not, wrIU'pass to.O WN1ER� no later than the time 'of payment Gee end blear of all liens Rerim of.4pplieadonsforProgreas Payment 14A. ENGR4EER witl,.within`ten. days.,e[ter receipt of -cach.Application.£or Payment, either indicate in wnting-a EJCOCOENEM CONDl11ONS Islo4 (t990 Edum) tkrry OF FORT CALLIFIS MODIFICATIONS nV 4tla0a), 14.5. ENGINEFR'.s recommendation of any payment requested in an Application for Payment will constitute a representation by .ENGINEER"to'OWNER, based on FNGINEFR's on=sdc bbsci' ;mores of the c\ccuW WmIc es an'expenenced and qualified desist professional and on- ENGINEER's review of the A, licauon fa Payment'and the accompanying data and schedules, that to.the best of ENGINEER's kmmvledgc, information and belief: 14.5.1: the' Work has `pio@eswd Ito the joint indicated,. 14.5.3. .the conditions precedent to CONTRACCOR's being -entitled to such payment, appear to havc been. fulfilled insofar asit ii ENGNELR's respoasibility to observe the Work.` by .recommending any ;'will 'riot; thereby be that: '.()'exdtmiilive or have been made to check in. 14.7. FNGINF,ER may refuse to recommend the whole; I my part'of any payment if, in SNGMEER's opinion, fit. would he ieemtect to make 'the representauats to 29 9 Fj ;OWNER referred to in lmmgZph ENGINEER may' end' any It payment, or. because Of subscquendX discovered evidence or the results of subsequent inspeciians; or tests, nullify any such. payment previously recommended, to such extent as -mHy '1e necessary in FNGMER!q opinicii to protect OWNER from loss becauie': .14.7. 1., the Work is defective.,:or completedI . Work has ;been damaged requwin. .. g —correIction ", or replwcmehl. 14.7.2. the Contract Pri& has been reduced by Written Amendment or Changa'Orr&r, A4.7.3. OWNER has been required to CGrM(A i*,fectiq,wcrk,cr campict6,work in'a&Lmdahcc with puhiguij.h 13-14, or 14.7.4 - INGINHER has actual knowledge of the ,occurrence of any I of the 'events enumerated iii paru -2:1 thioup . gra�h� 15 hl5.2AinclWivc.* .OWNER II)a refasctoraakc�payrmnt of.the full amoura recommended beonUS(!: 473. -claims have been made agairra OWNHReon -i'ocwntbfcoNTRAcroR,sfxK=iiri6caf.nugdng ;6rthe wmwk. 14.74. Liens have,been . tiled in conniactiwwithi the ,Work except where'CONTRACTORohas dtiliveiad'l sl�c4jfie Bond satistimto r ry to , OWNER tbAlecum the- satisfastiou and "baige of such Liens; • 14.1.7. there arc other items caking OWNER - to a set. off agajria the I amours reconaineadeA, or 143A 'OWNER has actual knowledge of the occurrence Hof any of the events enumerated in paringmphs 14 1 7.1 through 14.7.3 or paragraphs1 15.2.1 ductigh 15.2.4 iriclusivi;: but OWNER must give CONTRACTOR immediate written. notice.(with a cI ENGMER) stating the .reasons Ier such action mid promptly,foy CONTRACTOR :the mriieumcc, withheld, or any'adjustment therewagreed to ',by' OWNER"and CONTRACTOR; whea ,CONTRACTOR corrects to OWNWs satisfaction the reasore for such action 14.8. WhL.'CONTRACT6R considers the entire Work - reedy fonts intended use CONTRACTOR'sball-notify. ,OWNER and ENGINEER n %VrI u thatrthe,Mtire Work is substantially complete (except for 'items spceificsify listed bv. CONTRACTOR as inixnm6lete) and rcm&q that if ,14.9. ;OWNER shall have the right to exclude' CONTRACTOR from the Work after the date of Substantial , Ccinpleti6n. bui OWNEF,,shall n1l6w CONTRACTOT(ressonable access to comptlete or correct items on the tentative fist Pxtw U64za6w -R will, notify CONTRACTOR in 1MR41MR. to issue a certificate: of St reasons therefor.' If ENGINEER Completion for that part of the 30 EICDCGEI-MMCONDInOM191q5(1990Bdidw) u4&i�r6ti-FORT661,46MM-0D1MCAT10N56t]itV4nM). 14.10.2, No occupancy orscparatc oNnition of pan of the Work will be eecbmplished prior to compliance with the; requirements of pamg'mph.5a5 in respect bf ,property;inzurance. final impecdonr 14.1 L Upon written notice from CONTRACTOR that the entire, Work oir an agreed, portion thereof is- complete, ENGINEER wiil,mnke n final ' cuon with OWNER; and �CONI'RACTOR and will no -COMRACTOR in Aitiing of all particulars in which this; inspection reveals that the Work is incomplete or'drfecln e. COMfRACCOR shall immediately take such, measures as are necessary -to' mmplcte such work or remedy such deficiencies. .Final Application forPaymenh EIOOC (1ENSUI CONDITIONS 191" (IM Edtim) ,kiaiV OF FORT OOt.UM M66Ih7CAT10N5(REV40000)1 to furnish ;such ;a..ielease or receipt in full. CONTRACTOR.may furnish a Bond or other collateral satisfactory to.OWNER-to indemnify'OWNER.ngairov any: Lien. Releases or waivers of liens and the consent of the surety to finalize rayment-arc to'be-submitted oh farms conforrnine to ttk formatof the OWNER'S srandaid forms bound m the Protect manual. Final Payment andAccemance 14.14..IC ,through no fault. of'CONTRAC70R .final completion of the Work is, sighificantly.delayed and if ENGMER so calflmts, OR'NER shall, upon receipt of the or ekept that it shad not constitute a waiver of WaiverofClaimx 14.15. .The making and acceptance of final payment will constitute: 14.15.1•a waiver of all -claims by OWNER, against CONTRACTOR. except claims a^m+9 from unsettled Liens, from *,fecttm Worl:,appearing after 31 C� • 0 0 a A`P`21`m n' to ments or the fail. to comply the CoZ=r t "" '. :from terms of aatinderspecial guarantees specified therein, or. rrot ' u'CO RACTOR's continuing obligations tinder the the Contract D-oamre*�'; and .14.152A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE, 15—SUSPENSION OF WORK AND, TERMINATION OWNER AlqrSuspend,Wurk.- OWNER May T-ndrigtq: 15.3. Where CONURA('rmi sciviccs have boin so,' use, OWNER may, terminated by.OWNER, the termill noiiffc�t inution,w t )f foara,pCri I of not 5c in writing' to rights or remedies '' ' of DOWNER I 'against R& CONTRACTOR then existing or which thereificir i6 will f-& the dateaccrue'. may Any, retermo , n or p . aymeT 9 of 'in M'iys Afie 1 )NTRACTOR shall CONTRACTOR by� 0 INNER will not release' 1. CONTRACTOR CONTRACTOR:ftom liability. �ontnict Priccior an :or both dinxtly. 15.4. Upon seven dayd writtennotice to if CONTRACTOR' - and ENGINEER OWNER may,, r as "pioMdd in ICONTPAGI'OR without cause and Withcmt l5nijudice,to any i5ther1rijbi or reinedy. of OWNER. elect to terminate theAgreemem. In -such case, 'CONTRACTOR shall' be paid (with our duplicm1onofanji*m.$):. 15.2. Upon the occurfence"6f any one,or more of the following evcros: .15.2-1. if CONTRACTOR persistently fivilsto perform the Work'in adbodance with the ContrscCD6cunaaiL9 but not limited to; fail6ie to itipply sufficiint skilled workers or suitable materials or equipineiii or failure to adhere io the progress schedule,emblishcd underp.aragraphZ9 as adjusted'from time, to time 'pursuant to paregs�ph 6.�; 15.2.2. if CONTRACTOR disregards Laws or Regulations o,fany public bo,dyhav'ugj'u-risd,icuon;, 15.23. if CONTRACTOR disregards the. authority of ENGINEER, of 15.2.4. if CONTRACTOR otherwiseviolates in,ame �substa,iti.l way any provisicns of th. Ctrivct OWNER may, after, giving CONTRACTOR (arid the surety, if any),seven days written notice and to the extent the full odent dicy could be used by CONTRACTOR (uithout liahlity,to CONTRACTOR for trespass a 32 VCDCOEMMM &COM71ONS1910 (IE(lition) &TY 0- F-FOP.TbOU :3 I L1NS.M0DM&T1DNS,(KL-V4/2G00). 15.4.1. for completed and acceptable Work executed inaccbTdamc,%viththe Contract Do(ummti. for t the effective date of termination; includingz ir and reasonable suriis fors overhead and puilit onsucli Wcrk;i — - 15AI for expenses sustained prior to the effective date of 'i6craiiiiiiii . on in p&ftirming services and furnishing labor, materials or equipment mi required by Ith6 Conthict M&Limcins in ixinriecticii with uncompleted W6rZ plus'lair and reasonable sums for overhead arid, tiiufit on-suchexpenscs, 15.4.3 for all claim4.costs. losses' and damages, incurred in settiemenror terminated ti with Subcontractors. Suppliersfindothers; and 15.4.4, for,reasonable expenses directly,attributable'. to termination: CONTRACTOR shall not be paid on account of loss of amieipaLed prolits or revenue or other e CM­Mic loss arising out of or resultirtp.&brn -such termination CONTRACTOR May Siop Fork or Tffminate 15.5. IC thr M no act or fault of CONTRACTOR, the Work n d for 6 period of more.than ninety, days by OWNER or under an'ordeir of couivor-othar public authodq',.-6r- ENGINEER.fails to act on any: Application fia payment within thirtydaysaftI er it ii'submitted or OwNM fads fir th* days to payuONTRACTOR-any ARTICLE.16—DI SPUTE RIMLI)TION If and to the ci mt that OWNER and COVrRAC have ,ngiced on.dic,method and proeeduier for rem dismites .between them that mov arise under ARTICLE I7—MISCELLANEOUS living Notice: 17:1. Whenever any provision of the Contract Documents requires, the. giving of written notice, it will be deemed to have been validly' givenif delivered in person to. the individual ov to a member of the firm; or do an officer: of 'theeorpomhon Cur whom d is intended, or if delivarsl at or sent by r, , tied -or certified mail, postage piepeid, to the lest 1;1iness address known to the giver of the.notice. 17.2t Computation of Time. 17.2.L When''any period of time is referred to in the :Contract Documents by days, it will be computed,to 'exclude the first aryl lriclude the last. ;day: of such period If'the lastiday of any surhperiod falls on.e Saturday. or Sunday or cn a, day madeL.a legal lioli,chy ,by the law of the applicable jurisdiction. such dey,wilI he omitied from the'coinputeuon: EKDCOENERAL COIADi,n01S 19ioS am Eddad w/CITY OF FORT COLLINS MODIFICATIONS (REV AR000), 17.2.2. A calerdar day of twenty-four hours measured from midnight to the next midnight will vanstituwa day- 'Nafice of Ctainlr. 17:3. Should OWNER o7CONTRACTORsuffer. or dam age, to person or property bemuse of arty' 'omission rs act of the other omty orof'anv of the this of duties and .obligations imposed by these litions and the rights and remedies available 'the parties herdo,'smd.. in;lisiticular but Or ovadaisle oy Laws a .they apply. .. _ ProfesQowl Fees and Court Costs In '17.5. WWhenever reference is made to "claims, costs. losses and damages"; it shall include in each case; Gut not be limited to. all fees and'cherges of emgbuers architaets, sttorneys sand :othir piofessionals and all 'court is itrbitmtion or other dispute resolution costs.. 17.6 The hiya of the State of.Colomdn_apg t is: Agreement Referenceto two pertinent C OMdo statutes: are as follows> 1762 If's clhiE s`filcd OWNER-is'rcquired by law (CRS 3S•26-107) td withhold framall oavmenfs to CONTRACTOR sufficient funds to insure the Mment of all claims for labs: materials. trim hire letlance Oroylslom provender or olher'sum)li used or consumed- by: CONTRACTOR or his 33 11 11 General Conditions and completed and ready for Final Payment and Acceptance • in accordance with the General Conditions within five (5) calendar days after the date when the Contract Times commence to run. 3.3 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as Liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: One Thousand Dollars ($1,000.00) for each calendar day or fraction thereof that expires after the ninety (90) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Five Hundred Dollars ($500.00) for • each calendar day or fraction thereof that expires after the five (5) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: Four Hundred Forty Thousand Six Hundred Ninety -Eight Dollars and Ninety Cents ($440,698.90) 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 Cl EJCDCGDMtALCO,NDITIOM 1914 OME66m) 34' a/CI TY OF FORT COLLIM MODIFICATIONS(RL•V 9h000) • (This page A blank''immn6nally:) :VCDC OENULAL CONDIMOM 19104 (199OEd6m) wiaTY OF FORT COLLINS MOOIIICATIONS (REV 4t2") 35 I* 0 0 C� 36 EXDCOENERALCONDIIIOM 191040990Mm) V CITY OF FORT COLLI N9 MODIFIG MOM Qt W4Q000) 46 EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT ,OWNER. and -CONTRACTOR- hereby *agree that Article 16 of the General Conditions of the Construction Contract .between OWNER and CONTRACTOR is •ar Yepded to include Ihz'followid5 sgeementpfthe parties: 16.4. Eeoept;as provided in paragraph 16.5 below. no arbitration ansing out of or relating to the Contract Documents shell include by consolidation; joinder Orin any other marner'any other, person or -enti(y (including ENGINEER, ENGINEER's Consultant and the officers directors, agents, employees or coati;hints of any of them) :who is not a party to this eontrect unless 16.4.1. the inclusion of such other.person or entity, is necessary if complete relief is to be'afforded among those wlin erc'already parties 6 the arbitration, and - 16.4.2; such other,person or.amty is substantially involved in a question of law or fact which is common to arose who are already parties: to the arbitrotiortnnd which will ariso in'such pro6xdings, and All 61-aims, disputes. and -:other matters ,in 16AJ: the written consent of the other person or tween•OWNER and CONTRACTOR arising entity sought to be included and:of OWNER end sting to the Contract Documents: or the breach 'CONTRACTOR has been obtained for such inclusion, cpt for claims which have beRn waived by the which consent shall make specific reference thus acceptance of final payment as provided fry - 14.15) will be decided by arbitration in I'wrogmph; but no such eonsera shall constimte consent with the 'Construction 1 Arbitration to arbitration of any dispute not specifically described ndusio. i in such consent, or to arbitration with any, party riot dIx die Amencan Arbitration Assoctatinn then cif callYidentified in such consent. ... under the prevailing law of any court having jurisdiction EJCOC OENERAL'CONDIT16NS I910.8 (1990E31im) -cal CITY OF FORT COLUM MODIFICATIONS (REV V99) 16.5. Notwithstanding paragraph'16.4; if':a claim; Aspute:orothcr mattes in question between OWNER and CONTRACTOR involves, the Work of a .Subcontractor; either OWNERor CONTRACTOR. may join'siich Subcontractor as a party Ito.the arbitration between OWNER nnd'CONTRACTOR hereunder. CONTRACTOR. shall tncludc•in all subcontiacts required by paragraph 6.11;a specificprovision whereby the Subcontractor consents to being joined in an -arbitration between OWNER.. and CONTRACTOR involving 'the Wed; ' of 'such Subcontractor. Nothurig in this paragraph 16.5 nor in the provision of such subcontract:eoiesenting to )omda;shall create,any, claim, right or cause of action in favor of Subcontraetor, and against OWNER ENGINEER of E'NGINI ER's Consultants that does not otherwise e'nist, 16.6. The:award rendered by the_mbitimcirs will be final, judgmcm_may be entered upon it in any court having jurisdiction thereof and it will not be subject to. mortification or appeal. file a demand for and CONTRACTOR agree that of the American of them initiating ation pursuant to OC,A1 0 0 EJCDC GENERAL CONDITIONS I P10.811990 Ecitko W CITY OFFORT COLLINS MODIFICATIONS (REV 9194) L OC-AI SECTION 00800 SUPPLEMENTARY CONDITIONS 0 0 SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have • limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule zero (0) days lost due to abnormal weather conditions. SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment 0 0 A • SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Crack Seal & Fill Project — 2014 Renewal CONTRACTOR: Vogel Concrete Inc PROJECT NUMBER: 7290 DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT • ADJUSTED CONTRACT COST (Assuming all change orders $ 0.00 approved) ACCEPTED BY: Contractor's Representative DATE: ACCEPTED BY: DATE: Project Manager REVIEWED BY: DA Title: APPROVED BY: DATE: Title: APPROVED BY: DA Purchasing Agent over $60,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing U b a a & ) w@kk6 LLI §!#99 2!§U,7 0- 0 an Of 2g%'o � § fL ' \ ) k \ § k ( - ) ( \ { \ 2 :� - } {/ < \ \ <m - 7 ) !;</E w § )r \/ . ) (oW ,E> e ) - j \� \)e * /f >j/\#\ § ) co \/\ \\ a 75 211 )i �_ § § § a w : \ @ \ w ± \( ( g ( ` o z qc { WF „ Q7) m \ \ \\} \ \ } \ k k k k I* 0 � • General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. If, in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00520 Page 3 for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of • the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 0 a � U a) LL m O d N W Q �� �000000000000000000000000000000000 000000000000000000000000000000000 U3, 60 ce o» to to w w ww ul `o ti 6 N a0 F N �000000000000000000000000000000000 o000000000000000000000000000000000 Y� E0000000000000000000000000000000o0 `o n Qtot»tot»t»t»t»t»t»ts�totot»t»t»tot»a»f»F»ssf»f»e»<»f»E»eqefe»fne»fn j o� i ~❑ d �000000000000000000000000000000000 � ay o000000000000000000000000000000000 O Y O' O Euj (AF» F» F»f»F» c»f»E»f»e» �a to u), <» e» w w w e»<a<» v) f»e»F»e»fA E»e» H Z z O n > '- �j E m 0 OW van Ua G �a a c00000000oao00o00oo000o0o0o00o0oo0 a o0000oo0oo0o000000000oao0oo0000000 Q v Y E000000000000000000000000000000000 E to to to to to to to to to (A to fo Vi fA V3 di to fA to to to to to to to to di Ui EA w EA EA O a E L U L C T r 0 cl c 0000 o o O000 oo0000000000000000 o 00 o0 Q0000000000000 o00000000000 o 0000000 0000000000000000000000000000000Eo to to to to w to to tofA to NtoWw to to to toto to tow M to to to to 'E LJ � U ❑ d N U ❑ Z 7 L, 0 co J H 0 U o Z o 00 N N N L Qp E Z V U N O 0 a = 6-3w O ° �° v00000000000000000000000000000000000 00000000000000000000000000000000000 d OAF 1000000000000000000000000000000000000 F-W Ou�E»f»EVF»f»r»F»e»E»u�E»F»u>E»EV Ev u3 E»e»u�e»e»F»F»v�u�ui F»e»e»f»EV F»u� a N O N U) N ° 0 mF ro a �00000000000000000000000000000000000 �00000000000000000000000000000000000 d °0000000000000000o00o000000000000000 �C O fA fA f9 fA fA fA fA FA EA fA EA fR fA EA fA fA tow fA to fA fA fA M fA f9 fA fA fA f9 EA fA !fl E/M fA Z W O 3: E U 0 d m ~� Q a O LL �00000 000000000000000000 o 0000 o000000 000000000000000000000000000000 Zee ONN 9 oa °00000000000000000000000000000000000 00— Q F U3:o J O a a Q D � �00000000000000 �00000000000000000000000000000000000 C)C) 000000000000000 ° o oo o o 0000000000000000000000 o 0000000 erf E»vaf»e»F»F»e»uaE»F»u�F»e»e»F»F»e»tn F»F»u�u�E»v�En Fn F»e3 e»F»»e» EQF»v3 0 O s C Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O o 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 O O O QfA 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 fA tR EA fA fA fA b9 tR EA fA fA di fA fA fA to fA fA lfl fA fA fA t9 di fA fA b9 fA fA EA to E9 0 di 0 fA � V C .- �a` w � � w 0 _ O U) W J Q 0 ° O Z Q0 F- T O =F ° U) w J Z H 0 Q T U ow 0 o Fa v a m E m r� 9 i LL C Oa O 0 0 0 o 0 0 0 0 0 o 00 0 0 0 0 0 0 0 0 0 0 0 o 00 00 0000 0 W= L U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ur C F= O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O fA f9 f9 EA fA EA b9 E9 fA fA E9 fA E9 to EA fA fA fA fA fA fA fA EA fA fA fA fA fA fA EA 69 fA fA a� a Ll • 2013 CRACK SEAL & CRACK FILL PROJECT GENERAL REQUIREMENTS INDEX SECTION 01010 Summary of Work 01040 Coordination 01310 Construction Schedules 01340 Submittals 01410 Testing 01510 Temporary Utilities 01560 Temporary Controls 01700 Contract Closeout 01800 Method of Measurement and Basis of Payment PAGE NUMBERS General Requirements 2-3 General Requirements 4-5 General Requirements 6-7 General Requirements 8-9 General Requirements 10-11 General Requirements 12 General Requirements 13-14 General Requirements 15 General Requirements 16 0 C SECTION 01010 SUMMARY OF WORK 1.1 DESCRIPTION OF WORK A. This work shall consist of cleaning, sealing, and filling all roadway cracks greater than 1/8" wide on designated streets in the City of Fort Collins. Specific locations are described in Section 3500, Project Map. B. Construction Hours 1. Operation shall be in accordance with Section 108. 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 engineering and/or inspection services because of such work. The cost for field engineering and inspection shall be $50.00 per hour. 1.2 NOTICES TO PRIVATE OWNERS AND AUT14ORITIES A. Notify private owners of adjacent property, utilities, irrigation canal, and affected governmental agencies when prosecution of the Work may affect them. B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to temporarily deny access or services. C. Contact utilities at least 48 hours prior excavating near underground utilities. D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of work schedule and any items which would affect their daily operation. E. Darren Moritz/Tom Knostman will be the Program Manager/Project Engineer. Darren Moritz 970-221-6218 Office 970-556-1495 Cell Tom Knostman 970-221-6576 Office 970-679-7947 Cell F. Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's convenience. General Requirements - Page 2 of 16 SECTION 01010 SUMMARY OF WORK UTILITIES 10 Water: City of Fort Collins, Colorado Utilities 221-6700; Meter Shop 221-6759 Storm Sewer: City of Fort Collins, Colorado 221-6700 Sanitary Sewer: City of Fort Collins, Colorado 221-6700 Electrical: City of Fort Collins, Colorado 221-6700 Gas: Xcel Energy Emergency 1-800-895-2999 Local Contact Pat Kreager 970-566-4416 Telephone: UNCC / 1-800-922-1987 Local Contact: Debbie Kautz 970-689-0635 Traffic Operations: City of Ft. Collins, Colorado 221-6630 Cable Television: Comcast 493-7400 Utility Notification Center of Colorado (UNCC) - 811 1-800-922-1987 AGENCIES Safety: Larimer County Sheriffs Department: Occupational Safety and Health Administration Non -Emergency: 221-7177 (OSHA): 844-3061 Fire: Ambulance: Poudre Fire Authority Poudre Valley Hospital Non -Emergency: 221-6581 Non -Emergency: 484-1227 Emergency: 911 Emergencies: 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 General Requirements - Page 3 of 16 SECTION 01040 COORDINATION 1.1 GENERAL CONTRACTOR RESPONSIBILITIES A. Coordinate operations under contract in a manner which will facilitate progress of the Work. B. Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner of performance of operations which affect the service of such utilities, agencies, or public safety. C. Coordinate operations under contract with utility work to allow for efficient completion of the Work. D. Coordinate all operations with the adjoining property owners, business owners, and surrounding neighborhoods to provide satisfactory access at all times and keep them informed at all times. 1.2 CONFERENCES A. A Pre -construction Conference will be held prior to the start of construction. 1. Contractor shall participate in the conference accompanied by all major Subcontractors, including the Traffic Control Supervisor assigned to the project. 2. Contractor shall designate/introduce Superintendent, and major Subcontractors supervisors assigned to project. 3. The Project Engineer shall invite all utility companies involved. 4. The Utilities will be asked to designate their coordination person, provide utility plans, and their anticipated schedules. 5. The Project Engineer shall introduce the City Representative(s). B. Additional project coordination conferences will be held prior to start of construction for coordination of • the Work, refining project schedules, and utility coordination. C. Project Engineer may hold coordination conferences to be attended by all involved when Contractors operations affects, or is affected by, the work of others. Contractor shall participate in such conferences accompanied by Subcontractors as required by the Project Engineer. 1.3 PROGRESS MEETINGS A. Contractor and Project Engineer shall schedule and hold regular progress meetings at least weekly and at other times as requested by the Engineer or required by the progress of the Work. B. Attendance shall include: 1. Contractor and Superintendent. 2. Owners Representatives. 3. Project Manager, Project Engineer, and City Representative(s). 4. Traffic Control Supervisor. 5. Others as may be requested by Contractor, Owner, or Owner's Representative. C. Minimum agenda shall include: I. Review of work progress since last meeting. 2. Identification and discussion of problems affecting progress. 3. Review of any pending change orders. 4. Revision of Construction Schedule as appropriate. General Requirements - Page 4 of 16 SECTION 01040 COORDINATION D. The Engineer and Contractor shall agree to weekly quantities at the progress meetings. The weekly quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall be final and shall be the basis for the monthly progress estimates. This process ensures accurate monthly project pay estimates. END OF SECTION • • General Requirements - Page 5 of 16 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. L No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of delivery of equipment and materials. 1.2 FORMAT AND SUBMISSIONS A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual progress. B. Submit two copies of each schedule to Owner for review. 1. Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others. C. The schedule must show how the street, landscaping, and various utility work will be coordinated. 1.3 CONTENT A. Construction Progress Schedule. I. Show the complete work sequence of construction by activity and location. • 2. Show changes to traffic control. 3. Show project milestones. • B. Report of delivery of equipment and materials. 1. Show delivery status of critical and major items of equipment and materials. 2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for equipment and materials, reference Section 01340. 1.4 PROGRESS REVISIONS A. Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when requested by Owner, and with each application for progress payment. B. Show changes occurring since previous submission. I. Actual progress of each item to date. 2. Revised projections of progress and completion. C. Provide a narrative report as needed to define: 1. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of others. General Requirements - Page 6 of 16 SECTION 01310 CONSTRUCTION SCHEDULES 1.5 OWNER'S RESPONSIBILITY A. Owner's review is only for the purpose of checking conformity with the Contract Documents and assisting Contractor in coordinating the Work with the needs of the Project. B. It is not to be construed as relieving Contractor from any responsibility to determine the means, methods, techniques, sequences and procedures of construction as provided in the General Conditions. END OF SECTION • General Requirements - Page 7 of 16