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389648 A-1 CHIPSEAL CO - CONTRACT - BID - 7417 ASPHALT SURFACE TREATMENT PROJECT (4)
of ollins urchasing SPECIFICATIONS AND Financial Services Purchasing Division 215 N. Mason St 2" Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970,221.6707 fcgor.condparchasing CONTRACT DOCUMENTS Ixem ASPHALT SURFACE TREATMENT PROJECT - 2014 RENEWAL BID NO. 7417 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS ARTICLE 7 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. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: • 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: N/A The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 2, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. C7 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 Preconstmction Conference will be held prior to the start of construction. I. Contractor shall participate in the conference accompanied by all major Subcontractors, including the Traffic Control Supervisor assigned to the project. 2. Contractor shall designate/introduce Superintendent, and major Subcontractor supervisors assigned to the project. 3. The Engineer shall invite all utility companies involved. 4. The Utilities will be asked to designate their coordination person, provide utility plans, and their anticipated schedules. 5. The Engineer shall introduce the project Representatives. • B. Additional project coordination conferences will be held prior to start of construction for coordination of the Work, refining project schedules, and utility coordination. CJ C. The Engineer may hold coordination conferences to be attended by all involved when Contractor's operations affects, or is affected by, the work of others. I. Contractor shall participate in such conferences accompanied by Subcontractors as required by the Engineer. 1.3 PROGRESS MEETINGS A. Contractor and the Engineer shall schedule and hold regular progress meetings at least weekly and at other times as requested by the Engineer or required by the progress of the Work. B. Attendance shall include: 1. Contractor and Superintendent. 2. Owner's Representatives. 3. Engineer and Resident Project Representative, 4. Traffic Control Supervisor 5. Others as may be requested by Contractor, Engineer or Owner. General Requirements — Page 3 of 14 SECTION 01040 COORDINATION • C. Minimum agenda shall include: 1. Review of work progress since last meeting. 2. Identification and discussion of problems affecting progress. 3. Review of any pending change orders. 4. Revision of Construction Schedule as appropriate. D. The 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 • J General RequircmcnL — Page 4 of 14 SECTION 01310 CONSTRUCTION SCHEDULES • 1.1 GENERAL A. The contractor shall prepare a detailed schedule of all construction operations and procurement after review of tentative schedule by parties attending the pre -construction conference. This schedule will show how the contractor intends to meet the milestones set forth. 1. No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of delivery of equipment and materials. 1.2 FORMAT AND SUBMISSIONS A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual progress. B. Submit two copies of each schedule to Owner for review. 1. Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others. - C. The schedule must show how the street, landscaping and various utility work will be coordinated. 1.3 CONTENT A. Construction Progress Schedule. . 1. Show the complete work sequence of construction by activity and location. 2. Show changes to traffic control. 3. Show project milestones i B. Report of delivery of equipment and materials. 1. Show delivery status of critical and major items of equipment and materials. 2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for equipment and materials, reference Section 01340. 1.4 PROGRESS REVISIONS A. Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when requested by Owner, and with each application for progress payment. B. Show changes occurring since previous submission. 1. Actual progress of each item to date. 2. Revised projections of progress and completion. C. Provide a narrative report as needed to define: 1. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of others. General Requirements - Page 5 of 14 SECTION 01310 CONSTRUCTION SCHEDULES • 1.5 OWNER'S RESPONSIBILITY - A. Owners 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 0 Gcneral Requirements— Page 6 of 14 • SECTION 01330 SURVEY DATA 1.1 SURVEY REQUIREMENTS A. The Owner will provide the construction surveying for street improvements as needed. City Survey Crews will perform the surveying required. B. The Contractor must submit a survey request form to the City Surveyors a minimum of 48 hours prior to needine surveyin . C. If the requested surveying cannot be accomplished in the time frame requested by the Contractor, the survey personnel shall notify the Contractor with the date on which the requested work will be completed. D. Should a sudden change in the Contractor's operations or schedule require the survey personnel to work overtime, the Contractor shall pay the additional overtime expense. E. The Contractor shall protect all survey monuments and construction stakes. If it is unavoidable to remove a survey monument or construction stakes, the Contractor is responsible for notifying the Surveyor and allowing enough time for the monuments or stakes to be relocated. The Contractor will be responsible for the cost of re - staking construction stakes and for the cost of re-establishing a destroyed monument. F. The Contractor shall be responsible for transferring the information from the construction stakes to any necessary forms and for constructing all pipelines, drainage ways, pavements, inlets, walls, and other structures in accordance with the information on the stakes and grade sheets supplied by the Owner. END OF SECTION General Requirements — Page 7 of 14 SECTION 01410 TESTING 1.1 GENERAL A. Provide such equipment and facilities as the Engineer may require for conducting field tests and for collecting and forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment are found to be acceptable. Any product which becomes unfit for use after approval hereof shall not be incorporated into the work. B. All materials or equipment proposed to be used may be tested at any time during their preparation or use. Fumish the required samples without charge and give sufficient notice of the placing of orders to permit the testing. Products may be sampled either prior to shipment or after being received at the site of the work. C. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided, sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM). D. Where additional or specified intbrutation concerning testing methods, sample sizes, etc., is required, such information is included under the applicable sections of the Specifications. Any modification of, or elaboration on, these test procedures which may be included for specific materials under their respective sections in the Specifications shall take precedence over these procedures. 1.2 OWNER'S RESPONSIBILITIES A. Owner shall be responsible for and shall pay all costs in connection with testing for the following: 1. Soil tests, except those called for under Submittals thereof. 2. Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner. 3. Concrete test, except those called for under Submittals thereof. • 1.3 CONTRACTOR'S RESPONSIBILITIES A. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible for and shall pay all costs in connection with testing required for the following: 1. All performance and field testing specifically called for by the specifications. 2. All retesting for Work or materials found defective or unsatisfactory, including tests covered under 1.2 above. 3. All minimum call out charges or stand by time charges from the tester due to the Contractor's failure to pave, pour, or fill on schedule for any reason except by action of the Engineer. B. Contractor shall notify the Engineer 48 hours prior to performing an operation that would require testing. 1.4 CONTRACTOR'S QUALITY CONTROL SYSTEM A. General: The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of Work, including that of his subcontractors, to ensure conformance to the functional performance of this project. This control shall be established for all construction except where the Contract Documents provide for specific compliance tests by testing laboratories or Engineers employed by the Owner. The Contractors control system shall specifically include all testing required by the various sections of these Specifications. U General Requirements — Page 8 of 14 SECTION 01410 TESTING • B. Superintendence: The Contractor shall employ a full time Superintendent to monitor and coordinate all facets of the Work. The Superintendent shall have adequate experience to perform the duties of Superintendent. • • C. Contractor's quality control system is the means by which he assures himself that his construction complies with the requirements of the Contract Documents. Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction schedule. D. Records: Maintain correct records on an appropriate form for all inspections and tests performed, instructions received from the Engineer and actions taken as a result of those instructions. These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or test, nature of defects, causes for rejection, etc.) proposed or directed remedial action, and corrective action taken. Document inspections and tests as required by each section of the Specifications. Provide copies to Engineer weekly. END OF SECTION General Requirements — Page 9 of 14 SECTION 01510 TEMPORARY UTILITIES LI UTILITIES A. Furnish all utilities necessary for construction. B. Make arrangements with Owner as to the amount of water required and time when water will be needed. 1. Meters may be obtained through the Water Utility Meter Shop at 221-6759 2. Unnecessary waste of water will not be tolerated. C. Furnish necessary water trucks, pipes, hoses, nozzles; and tools and perform all necessary labor. 1.2 SANITARY FACILITIES A. Furnish temporary sanitary facilities at each site for the needs of construction workers and others performing work or furnishing services on the Project. B. Properly maintain sanitary facilities of reasonable capacity throughout construction periods. C. Enforce the use of such sanitary facilities by all personnel at the site. D. Obscure from public view to the greatest practical extent. END OF SECTION • General Requirements— Page 10 of 14 SECTION 01560 TEMPORARY CONTROLS • 1.1 NOISE CONTROL A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated areas. B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. C. Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 a.m. 1.2 DUST CONTROL A. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing. B. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist with water or by application of a chemical dust suppressant. 1. Chemical dust suppressant shall not be injurious to existing or future vegetation. 1.3 POLLUTION CONTROL A. Prevent the pollution of drains and water courses by sanitary wastes, concrete, sediment, debris and other substances resulting from construction activities. I . Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site. • 2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts. 1.4 EROSION CONTROL 11 A. Take such measures as are necessary to prevent erosion of soil that might result from construction activities. Measures in general will include: a. Control of runoff. b. Trapping of sediment. c. Minimizing area and duration of soil exposure. d. Temporary materials such as hay bales, sand bags, plastic sheets, riprap or culverts to prevent the erosion of banks and beds of watercourses or drainage swales where runoff will be increased due to construction activities. B. Preserve natural vegetation to greatest extent possible. C. Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion. D. Comply with the City of Fort Collins' Storm Drainage Erosion Control Manual. 1.5 TRAFFIC CONTROL A. Maintain traffic control in accordance with the latest revisions of the "Manual of Uniform Traffic Control Devices" (MUTCD), the City of Fort Collins "Work Area Traffic Control Handbook," and the "Larimer County Urban Area Street Standards." In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. General Requirements— Page I I of 14 SECTION 01560 TEMPORARY CONTROLS i 1.6 HAUL ROUTES The Engineer reserves the right to set haul routes in order to protect pavements, both new and old, from heavy loads. These pavements may include, but are not limited to, recently constructed pavements, recently overlaid pavements, and/or pavements whose condition would be significantly damaged by heavy loads. END OF SECTION • General Requirements — Page 12 of 14 �-• 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 parry hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. • SECTION 01700 CONTRACT CLOSEOUT • 1.1 CLEANING AND RESTORATION • • A. Return the premises and adjacent properties to conditions existing or better than existing at the time the work was begun. This will include providing labor, equipment and materials for cleaning, repairing and replacing facilities damaged or soiled during construction. The Engineer will be the judge of the degree of restoration required. 1.2 PROJECT RECORD DOCUMENTS A. Maintain on thejob site, and make available to the Engineer upon request, one current marked -up set ofthe drawings which accurately indicate all approved variations in the completed work that differ from the design information shown on the drawings. Further, these drawings should reflect all underground obstacles encountered. B. These record drawings along with any survey records, photographs and written descriptions of said work as maybe required by the Engineer shall be submitted prior to project acceptance. END OF SECTION General Requirements — Page 13 of 14 SECTION 01800 METHOD OF MEASUREMENT AND BASIS OF PAYMENT • 1.1 DEFECTIVE WORK A. Owner will not pay for defective work and will not pay for repair or additional work required to bring the project to a point of acceptance. 1.2 BID PRICE A. The Total Bid Price covers all Work required by the Contract Documents. All work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included in the prices bid for the various items of Work. B. Prices shall include all costs in connection with the proper and successful completion of the Work, including furnishing all materials, equipment and tools; and performing all labor and supervision to fully complete the Work. C. Unit prices shall govern over extensions of sums. D. Unit prices shall not be subject to re -negotiation. 1.3 ESTIMATED QUANTITIES A. All quantities stipulated in the Bid Form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The basis of payment shall be the actual amount of materials furnished and Work done. B. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amount of Work actually performed and materials actually furnished and the estimated • amount therefor. END OF SECTION • General Requirements — Page 14 of 14 SECTION 02000 • PROJECT SPECIFICATIONS The Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction', 2011, and the Larimer County "Urban Area Street Standards", (hereafter referred to as the "Standard Specifications"), latest revisions, are made a part of this Contract by this reference, except as revised herein, and are hereby adopted as the minimum Standard Specifications of Compliance for this project. In those instances where the Standard Specifications conflict with any of the provisions of the preceding Sections, the preceding Sections shall govern. INDEX OF REVISIONS SECTION 104 Traffic and Parking Control 105 Control of Work 108 Prosecution and Progress 208 Storm Water and Inlet Protection 409 Asphalt Chip Seal 409 Asphalt Slurry Seal 409 Asphalt Cape Seal 0 630 Construction Zone Traffic Control r 1 L_J SECTION 104 TRAFFIC AND PARKING CONTROL • Section 104 of the Standard Specifications is hereby revised as follows: MAINTAINING TRAFFIC Subsection 104.04 shall include the following. It shall be the Contractor's responsibility to clear parking from the streets when such parking will interfere with the work. Prior to work that requires the street(s) to be closed to parking and/or traffic, the street(s) shall be posted for "NO PARKING". The placement of these signs shall take place at least 24 hours prior to commencement of work and shall clearly show the type of work, and the day, date, and times that the message on the sign is in effect. (For example, if a street is to be sealed on Wednesday, July 2, the street shall be posted no later than Tuesday, July 1, by 7:00 a.m. with a sign that reads similar to "NO PARKING, W EDNESDAY, J ULY 2, 7:00 A.M. TO 6:00 P.M., SLURRY SEAL) See sample "NO PARKING" sign. "NO PARKING" signs shall remain in place until the street is opened to traffic and all clean up operations completed. No Parking signs may be placed, maintained, and removed by a representative of the Contractor, the Traffic Control Supervisor, or Flagger. No parks are to be spaced at 100' apart. All information on the "NO PARKING" signs, with the exception of the type of work, date, and times shall be in block letters permanently affixed to the sign. Any information added to a sign, such as dates, shall be clearly legible, and written in 3 inch high, block style letters with erasable, changeable, black grease pencil of a minimum 'A inch width on I'xL5' rectangular signs with red permanent letter as shown on the example below. These signs shall be mounted on 3-foot high, traffic control candles with black rubber bases weighing a minimum often pounds: 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 shall notify the Engineer to arrange 40 for any required towing. If the No Parking sign has been in place for a minimum of 24 hours, then the City shall make every reasonable effort to remove the offending vehicle within four (4) hours of notification by the Contractor. The Contractor shall not be entitled to additional compensation for delays associated with the towing of illegally parked vehicles. Work performed by the Contractor without traffic control or placement of "No Parking" signs will not be paid for under the terms of this Contract. The Owner may deduct S 1,000.00 per day for each day traffic control devices are not in compliance with these specifications. The Contractor shall not be paid for delays resulting from traffic control issues. At or near the end of each work day, a representative of the Contractor, the Traffic Control Supervisor, and the Engineer will meet to discuss the progress of the work and the placement of traffic control devices including "No Parking" signs and required adjustments. The Contractor and Engineer shall also review and determine the proposed means of handling parking and traffic control for the upcoming work. Requested changes to the traffic control, including additional signs, barricades, and/or flaggers shall be implemented immediately. 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 businesses, schools, and residents impacted by the work and shall communicate their schedule 48 hours prior to commencing work. Traffic Control costs including but not limited to furnishing equipment, equipment set up/removammodifucation, TCS and Flagging personnel hours, vehicles, phones, notification delivery, hand signs, communication devices, sandbags, and all related incidental items required for traffic control under this contract shall be included in the contract unit prices for the work, complete -in -place and as specified under Revision of Section 630, "Construction is Zone Traffic Control': "Variable Message Boards "and "Additional Flagging Personnel" shall be paid for under Project Specifications - Page 2 of 35 REVISION OF SECTION 104 • TRAFFIC AND PARKING CONTROL Section 630, "Construction Zone Traffic Control". • F-1 NO PARKING Wed July 7 7:00 AM - 6:00 PM SLURRY SEAL Project Specifications - Page 2 of 35 END OF SECTION Section 105 of the Standard Specifications is hereby revised as follows: AUTHORITY OF THE ENGINEER Subsection 105.01 is hereby amended to include the following: No phase of construction shall start until the Traffic Control Plan has been approved. Failure to have an approved Traffic Control Plan shall constitute cause for the Owner to stop work. During periods of Traffic Control non- compliance, the Contractor maybe assessed S 1,000.00 per day, may forfeit payment of work and materials installed, and may lose contract working days as determined by the Owner. The Contractor shall not be entitled to compensation for delays associated with non -compliant periods. Subsection 105.02 shall be amended to include the following: The Contractor shall furnish the required submittals in TABLE 105-1 before the commencement of work. Three (3) copies shall be furnished to the Engineer, two (2) copies will be returned to the Contractor upon approval. Submittals shall not be measured and paid for separately but shall be included in the work. TABLE 105-1 SI IMMARY OF CONTRACTOR SUBMITTALS Section No. Description Approval Needed Reoccurring 108.03 Schedule of Work - Yes Yes 208.02 Erosion Control Devices Yes No 208.06 Spill Kit: List of items included Yes No 409.00 Asphalt Mix Design Yes No 630.10 Traffic Control Plans Yes Yes 630.11 TCS Qualifications reoccurs when TCS and flaggers change) Yes No 630.11 Resident Notification Letter Yes Yes COOPERATION BY CONTRACTOR Subsection 105.10 shall include the following: The City's commitment to our Environmental Management System (EMS) requires that vehicles on Cityprojects shall comply with the adoption of a "Limitation on Engine Idling" to reduce environmental impacts related to construction. Please comply by turning off vehicles that are not in use instead ofidling for long periods (more than three minules, as a general rule). The Contractor shall review, fill out and sign a Contractor_ Management Environmental Checklist new for 2014.. COOPERATION WITH UTILITIES Subsection 105.11 shall include the following: • City Utilities, Parks, Traffic, Streets, concrete, and utility contractors may perform work related to the project within or near the limits of this project. The Contractor shall conduct the Work without interfering or hindering the progress or completion of the work being performed by other contractors. The Contractor shall coordinate extensively with these entities to minimize traffic control and scheduling conflicts, and ensure timely completion of all the work. • Project Specifications -Page 3 0(75 REVISION OF SECTION 105 • CONTROL OF WORK INSPECTION AND TESTING OF WORK Subsection 105.16 shall include the following: The Contractor shall keep the Engineer informed of his future construction operations to facilitate scheduling of required inspection, measuring for pay quantities, and sampling. The Contractor shall notify the Engineer a minimum of 24 hours in advance of starting any construction operation that will require inspection, measuring for pay quantities, or sampling. Failure of the Contractor to provide such notice will relieve the Owner and the Engineer from any responsibility for additional costs or delays caused by such failure. Inspection of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his contract as prescribed. Work and materials not meeting specifications shall be corrected and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been previously inspected by the Engineer or that payment therefore has been included in the progress estimate. MAINTENANCE DURING CONSTRUCTION Subsection 105.19 shall include the following: • The roadway area, including curb, gutter, and sidewalk, adjacent to and through the construction area shall be cleaned of debris by the Contractor at the earliest opportunity, but in no case shall the area not be cleaned after the completion of the day's work. It shall be the Contractor's responsibility to provide the necessary manpower and equipment to satisfactorily clean the roadway area. The Contractor shall utilize a combination of pick-up brooms, side brooms and/or other equipment as needed to clean the streets. All sweeping and clean up equipment shall be approved by the Engineer prior to the commencement of work. • The Contractor shall maintain the streets during the construction process as prescribed above Ifa street requires additional sweeping by City forces, the Owner shall deduct from compensation due the Contractor sufficient funds to cover the Owner's cost to provide said service. All cost of maintaining the work during construction and before the project, as accepted, will not be measured and paid for separately, but shall be included in the work. All applied slurry, chip, and cape seal surfaces shall be swept by an approved vacuum style sweeper to remove any excess raveled material which becomes dislodged from the street surface after seven (7) calendar days, or as directed by the Engineer, and again after 30 calendar days, or as directed by the Engineer. Any dislodged material which has migrated to gutters, sidewalks, and driveways shall be removed at this time. Dislodged material shall be disposed of to a site approved by the Engineer. Excessive raveling, as determined by the Engineer, shall be swept by the Contractor at no additional cost to the Owner. Sweeping shall be paid for per each complete sweeping of all surfaces, and shall include "No Parking" signs, blowing or sweeping of gutters, sidewalks, and driveways as necessary prior to sweeping treated surfaces. Payment shall include all equipment, labor, materials, overhead, incidentals and mobilization required to complete the work as described in the specifications. Project Specifications - Page 4 of 35 REVISION OF SECTION 105 CONTROL OF WORK BASIS OF PAYMENT Payment will be made under: Pay Item Unit 105.01 Sweeping - All street and parking lot surfaces Each 105.02 Sweeping — All parking lot surfaces Each The above prices and payments shall include full compensation for furnishing all equipment, labor, materials, tools, mobilization, traffic control devices, TCS and flagging personnel, traffic control signage (`No Parking' signs), incidentals and for sweeping treated surfaces, including blowing or hand sweeping of gutters, sidewalks, and driveways prior to sweeping treated surfaces. END OF SECTION • 0 Project Specifications - Page 5 of 35 REVISION OF SECTION 108 . PROSECUTION AND PROGRESS • • Section 108 of the Standard Specifications is hereby revised as follows: SCHEDULE Subsection 108.03 shall include the following: A schedule of work must accompa»y any bid, and shall include number of working days per area to complete all unit work items covered by the contract. Vicinity maps of each area are included in Section 03500, Project Maps. The schedule should take any priorities into consideration. The schedule should also include projected start and end dates. Individual street quantities are described in Section 02500, Quantity Estimates. Prior to award, mutually acceptable milestones shall be determined by the Contractor and the City based on the schedule of working days discussed above. LIMITATION OF OPERATIONS Subsection 108.05 shall include the following: The work shall be completed within the following calendar months: DETERMINATION AND EXTENSION OF CONTRACT TIME Subsection 108.08 shall include the following: Work hours shall be 7:00 a.m. to 5:00 p.m., Monday through Friday, or as approved by the Engineer. All Work is to be complete for a single project area within thirty five (35) consecutive working days during the months of May through August. It is the intent of this project to be completed within thirty five (35) consecutive working days after work commences for the City of Fort Collins as described below: • Fourteen (29) consecutive working days will be allotted for construction. • Three (3) consecutive working days will be allotted for the first sweeping operation. See Revision of Section 105, Maintenance During Construction • Three (3) consecutive working days will be allotted for the second sweeping operation. See Revision of Section 105, Maintenance During Construction • Failure to meet the working days described above, or failure to commence sweeping at the described intervals shall result in damages assessed against the Contractor as described in Article 3 of the Agreement, Contract Times. • Delays and extensions of time are described in the General Conditions. Project Specifications - Page 6 of 35 REVISION OF SECTION 108 PROSECUTION AND PROGRESS . FAILURE TO COMPLETE WORK ON TIME Subsection 108.09 shall include the following: Failure to meet the agreed upon milestones, mobilize to an area within days specified, or fully complete the project in thirty five (35) consecutive working days, shall result in liquidated damages assessed against the Contractor. At the City's option, liquidated damages in the amount of $1,000.00 per day may be retained from any monies due the Contractor, or the City may retain an additional contractor(s) to complete the work, or portion thereof, and retain any costs incurred above and beyond the bid prices of the Contractor from any monies due the Contractor in lieu of liquidated damages. END OF SECTION • • Project Specifications - Page 7 of 35 OWNER: CITY OF RT COLLINS By: DARI B C Y MAI By: G RY PAUL DIRECTOR OF PURCHASING AND RISK MANAGEMENT Attest: Address for giving notices: P. O. Box 580 Fort Collins, CO 80522 Approved as to Form Address for giving n 60 1 2001 W. 64th Lane Assist t City torney Denver, CO 80221 License No.: CONTRACTOR: A-1 C IPSEAL CO. By: -0 AW Daniel J. Gryzmala PRINTED Title: President Stephanie"Wallis, Corporate Secretary otices: 0 • REVISION OF SECTION 208 STORM WATER AND INLET PROTECTION Section 208 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 208.01 shall be revised as follows: This work shall consist of constructing, installing, maintaining, and removing when required, erosion control measures during the installation and at a minimum at all inlets to prevent or minimize erosion, sedimentation, and pollution of any state waters. Work shall be in accordance with the latest revisions ofthe City of Fort Collins Urban Drainage and Flood Control District Urban Drainage Criteria Manual, and the City of Fort Collins Environmental Standard Operating Procedures contained herein, section 04000, and the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction . Any loss of time or materials related to erosion shall be the sole responsibility of the Contractor. Any damage to surrounding properties or facilities (either on site or offsite) related to erosion caused by construction of this project, shall be the sole responsibility of the Contractor. MATERIALS Subsection 208.02 shall be revised as follows: Contractor will submit the type of material to be used for erosion control measures prior to beginning the work. See section 03000. Straw wattles shall not be allowed. I . Inlet protection shall include sufficient length to protect around the perimeter of the inlet opening. • 2. Erosion control devices around inlets near the load site shall be required. 3. Erosion control devices on the downhill side of an aggregate stockpile shall be required. • Recycled Rubberized Wattle Inlet Protection shall meet the following requirements: 1. Infill material: Shredded recycled rubber 2. Weight: approximately 10 Ibs per linear foot 3. Diameter: Approximately 9 inches 4. Geotextile fabric: Made of a durable fabric with a typical weight of 6-10 oz/yd. CDOT Gravel Bag Inlet Protection shall meet the following requirements: I. Infill material: CDOT H67 washed rock or approve equal 2. Weight: approximately 20 Ibs per linear foot 3. Diameter: Approximately 5 inches 4. Geotextile fabric: Made of a durable fabric with atypical weight of 6-10 oz/yd. CONSTRUCTION REQUIREMENTS Subsection 208.03 shall be revised as follows: All erosion control measures must be installed prior to starting work. It shall be the responsibility of the contractor to ensure that all roadways near the project are kept clean of construction debris. Project Specifications - Page 8 of 35 REVISION OF SECTION 208 STORM WATER AND INLET PROTECTION Inlet filters Designated storm drainage system inlets shall be filtered as directed by the Engineer. Alternative treatments (such as native grass filtering) may be used as an alternative to wattle or other protection before water is discharged into streams or onto adjacent properties. Drop Inlets Drop inlets in unpaved areas shall be filtered with a piece of non -woven, needle punched, polypropylene landscaping fabric with a weight of 4 ounces / SY anchored by recycled rubber or rock sock wattles traversing the entire perimeter. Materials other than fabric and wattle inlet protection must be demonstrated to provide the same level of treatment before acceptance by the Engineer. Maintenance The contractor shall continuously maintain all erosion and sediment control features so that they function properly daring site construction. All inlet filters shall be inspected and repairs made after each runoff event. Sediments shall be removed when one half of the design depth has been filled. Removed sediments shall be removed immediately from the traveled way of roads and streets and disposed of properly. METHOD OF MEASUREMENT Subsection 208.11 shall include the following: • Payment shall be made by the lineal foot for gravel or recycled rubber wattle inlet protection devices installed and accepted at each location within the work area or as required by the Engineer. Length will be measured from start to 'end of installation not accounting for overlap. Contractor shall use all competent/sound wattles from the City of Fort Collins stores (Item 208.03 and 208.04) before purchasing /supplying new wattles (208.01 and 208.02). Staging, placement, maintenance, replacement and clean up of damaged units, and post use collection/restocking to the Hoffman Mill facility of sound wattle devices shall be incidental to the unit length bid item. The length shall be sufficient to protect the inlet opening and sides of the inlet grate. Excessive lengths shall not be paid. When a protection device is installed at a new location, whether the protection device is new or has been relocated, an additional payment shall be made by the lineal foot for the protection of the location. Payment for fabric and wattle inlet protection shall be made by each protection device per location installed and accepted or as required by the Engineer. Excavation required for removal of accumulated sediment from traps, basins, and other clean out excavation of accumulated sediment, and the disposal of such sediment, shall be considered incidental to the work and not be paid separately. Street sweeping for sediment from inlet protection will not be measured or paid for separatelybut shall be incidental to the work. A protection device shall be installed at load sites and on the downstream side of stock piles or as directed by the Engineer and shall be considered incidental to the work and shall not be paid for separately. All construction material that enters an inlet due to work under this contract shall be removed from the inlet interior and removed from the site to an approved disposal location. This work shall not be paid for separately. • Project Specifications - Page 9 of 35 REVISION OF SECTION 208 • STORM WATER AND INLET PROTECTION BASIS OF PAYMENT Subsection 208.12 shall include the following: Payment will be made under: Pay Item Unit 208.01 Stormwater Protection — Wattle (Supplied by Contractor) Lineal Foot 208.02 Stormwater Protection — Fabric and Wattle(Supplied by Contractor) Inlet Each 208.03_ _ Stormwa[er Protection Wattle (Supplied by COFG) _ _ Lineal Foot 208A4 _ _ Stormwater Protection _ Fabric and Wattle(Supplied by. COFC) Inlet ProtectionEach The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, traffic control devices, TCS and flagging personnel, and related traffic control incidentals, and for doing all work involved in installing, maintaining, and removing when required, erosion control measures, as specified in these specifications, as shown on the plans, and as directed by the Engineer. • END OF SECTION E Project Specifications -Page 10 of 35 REVISION OF SECTION 409 SEAL COAT • DESCRIPTION Subsection 409.01 shall include the following: This work shall consist of furnishing and installing polymerized emulsified asphalt integratedwith surface treatments including chip seal, double chip seal, slurry seal, cape seal, and a fog seal, when required, on properly prepared roadway surfaces as specified herein and as directed by the Engineer. MATERIAL Subsection 409.02 shall be deleted and replaced with the following requirements for the applicable treatment: ASPHALT EMULSION —GENERAL Asphalt material shall be accepted at the distributor. Each load of emulsified asphalt shall be accompanied with a certificate of analysis/compliance and submitted to the Engineer to assure that it is the same as that used in the mix design. The Contractor shall supply samples for each requested material for testing upon request of the City. A one -quart sample of the emulsion shall be submitted from the first delivery. The source of the base asphalt, polymer, additives, and supplier shall be stated on the sample and shall not change during the course of construction. Suitable storage facilities and containers for the asphalt emulsion shall be provided and shall be equipped to prevent water from entering the emulsion. If necessary, suitable heat shall be provided to prevent freezing; however the heat shall not reach the temperature required for the chemical process to respond as if the emulsion had been applied to the road. • ASPHALT EMULSION - CHIP SEAL Polymerized cationic rapid set emulsified asphalt (CRS-2P), or equivalent, shall be an emulsified blend of polymerized asphalt, water, emulsifiers, and polymer. The asphalt cement shall be polymer modified prior to emulsification and shall contain a minimum of three percent (3.0%) styrene-butadiene-styrene (SBS) block copolymer by weight of asphalt cement. The emulsion, standing undisturbed for a minimum of 24 hours, shall show no milky white separation, but shall be smooth and homogeneous throughout. The polymer shall be incorporated by co -milling into the emulsion and shall be capable ofbeing pumped and be suitable for application through a distributor truck. L Project Specifications - Page I of 35 REVISION OF SECTION 409 • SEAL COAT • Table 702-2 shall be deleted and replaced with the following: Tests on Emulsion (CRS-2P) Minimum Maximum Test Method Viscosity, at 50°C, Saybolt Furol, sec (a) 80 450 AASHTO T59 Storage Stability, 24-hr, % Max (a) 1.0 AASHTO T59 Particle Charge Test Positive AASIITO T59 Sieve test, % Max (a) 0.10 AASHTO T59 Demulsibility, % Min (c) 40 AASHTO T59 Oil Distillate by Volume, % Max or Range 3.0 AASHTO T59 Residue by distillation/evaporation, % min (b) 70 T59 Tests on Residue Minimum Maximum Test Method Penetration, 25°C, I00g, 5s, min, dmm 60 110 AASHTO T49 Ductility, 25°C, 5 cm/min, cm 100 AASHTO T51 Ductility, 4°C, 5 cm/min, cm, min 45 AASHTO T51 Toughness, in-Ibs, min 110 CP-L 2210 Tenacity, in Ibs, min 75 CP-L 2210 Elastic Recovery, 250C - 75 AASHTO T301 Softening Point, Ring & Ball, °C 57 AASHTO T 53 Solubility in Trichloroethylene, % min 97.5 AASHTO T44 a) The Contractor shall submit a Certificate of Compliance from the supplier for the above testing. This certificate shall verify that the material conforms to the applicable Project Specifications and Revisions within the construction year. b) For polymerized emulsions the distillation and evaporation tests will in be conformance with AASI ITO T- 59 or CP-L 2212 respectively with modifications to include 205 +/- 5° C maximum temperatures lobe held for 15 minutes. c) The Demulsibility test shall be made within 30 days from the date of shipment. ASPHALT EMULSION - SLURRY SEAL The emulsified asphalt shall conform to Grade CQS-1 HL (Cationic Quick Setting Emulsified Asphalt with Latex Polymer) as specified in ASTM D977 and D2397 (Specification for Emulsified Asphalt and Cationic Emulsified Asphalt), except that the residual asphalt having a penetration of 40-90, shall constitute at least 60 percent ofthe emulsion by weight, and that the Saybolt Furol Viscosity of the emulsion at 77' F (25' C) shall not exceed 50 seconds. Slow setting emulsions may not be used. CQS-Ii1L shall be an emulsified blend of asphalt, water, and styrene-butadiene rubber (SBR) latex and emulsifiers. The emulsion shall be pumpable and suitable for use in slurry seal mixing and spreading equipment, and suitable for application through a distributor truck. The emulsion shall contain a minimum of three percent (3.0°/a) by weight of SBR polymer solids based on weight of residual asphalt. The slurry seal mixture shall contain an emulsion content of 10 —20% by weight of dry aggregate which shall be determined in the laboratory by an approved mix design process. The residual asphalt content shall be 10 — 20% based on weight of dry aggregate. • Each load of emulsified asphalt shall be accompanied with a certificate of analysis/compliance and submitted to the Engineer to assure that it is the same as that used in the mix design. Project Specifications - Page 12 of 35 REVISION OF SECTION 409 SEAL COAT Tests on CQS-1hL Emulsion Minimum Maximum Test Method Viscosity, at 50°C, Saybolt Furol, sec (a) 20 100 AASHTO T59 Storage Stability, 24-hr, % Max (a) 1.0 AASHTO T59 Particle Charge Test Positive AASHTO T59 Sieve test, %Max (a) 0.10 AASHTO T59 Distillation: (b) AASHTO T59 Residue, % 60 AASHTO T59 Polymer: Polymer Solids Based on Weight of Asphalt % 3.0 AASHTO T59 Residue by distillation/evaporation, % min (b) 65 AASHTO T59 Tests on Residue Minimum Maximum Test Method Penetration, 25°C, 100g, 5s, min, drum 40 90 T49 Ductility, 4°C, 5 cm/min, cm, min 40 T51 Solubility in Trichloroethylene, % min (c) 97.5 T44 Elastic Recovery, 25' C 60 T301 Softening Point, Ring & Ball, °C 57 T 53 • a) The Contractor shall submit a Certificate of Compliance from the supplier for the above testing. This certificate shall verify that the material conforms to the applicable Project Specifications and Revisions • within the installation year. b) Forpolynnerized emulsions the distillation and evaporation tests will in be conformancewith AASHTOT- 59 or CP-L 2212 with modifications to include 205 +/- 5° C maximum temperatures to be held for 15 minutes. c) The Demulsibility test shall be made within 30 days from the date of shipment. ASPIIALT EMULSION — CAPE SEAL Cape Seal emulsified asphalt shall conform to the requirements for Chip Seal and Slurry Seal emulsion for each layer of treatment emulsion respectively. AGGREGATE MATERIAL Subsection 409.03 shall include the following: AGGREGATE —GENERAL All materials shall be pre -tested by the Contractor, at no cost to Owner, in a qualified laboratory as to their suitability for use in the installation and conformance with project specifications. The laboratory shall issue a current report (within 6 months of installation) showing the results of tests performed on the individual materials, comparing their values to those required by this specification. The aggregate shall be washed, hard, durable, and clean rock free from dirt, organic matter, clay balls, adherent films of clay, or other objectionable material. The presence of oversized material and/or clay balls shall be grounds for rejection. C� J Project Specifications - Page 13 of 35 REVISION OF SECTION 409 • SEAL COAT Samples of materials and of the finished surface shall be furnished by the Contractor as directed by the Engineer during progress of the work at no expense to the Owner. Test reports shall be required from the Contractor as additional materials arrive. Testing costs will be computed in accordance with section 1410 "Testing". • • Stockpiling of Aggregate: Precautions shall be taken to insure that stockpiles are carefully mixed immediately prior to use to insure uniform distribution of the moisture, and that they do not become contaminated with over- sized rock, clay, silt, or excessive amounts of moisture. The stockpile shall be kept in areas that drain readily. Segregation of the aggregate will not be permitted. Also see Section 208, Erosion Control and Inlet Protection. Segregation of the aggregate will not be permitted. The Contractor is solely responsible for finding and securing a suitable staging area. The location of the staging must be submitted and approved by the Project Manager prior to use. No portion of the right of way may be used for storage of any materials or equipment. Written authorization to use private property to store equipment and materials shall be obtained from the property owner and submitted to the Owner prior to mobilization and use. The Owner shall be allowed access to the load site at all times. The Contractor shall also submit a letter of indemnification to the Owner and the property owner. Aggregate shall be manufactured crushed fine grained, igneous rock (grain size less than 0.5 mm) having a positive attraction to the binder(s), shall be of the same material source, and must comply with the following: Test on Aggregate Maximum Test LA Abrasion, % loss 20 AASIITO T 96 Flat & Elongated (3 to 1), % 5 ASTM D4791 Absorption, % 2 AASHTO T 85 Sodium Sulfate 15 AASHTO T 104 Magnesium Sulfate 20 AASHTO T 104 Faces Fractured, % 100 Minimum ASTM D5821 Plastic Index Fines Non -Plastic AGGREGATE — CHIP SEAL Table 703-6 shall be deleted and replaced with the following table: Gradation Sieve Size 3/8" Chip Seal 1/4" Chip Seal 1/2" 100 100 3/8" 100 100 1/4" 0-35 100 No. 8 0-3 0-3 No. 200 0-1.5 0-1.5 AGGREGATE —SLURRY SEAL The mineral aggregate shall consist of natural or manufactured sand, slag, crusher fines, and others, or a combination thereof and be gray in color. The aggregate shall be 100% crushed. Smooth -textured sand of less than 1.25% water absorption shall not exceed 50% of the total combined aggregate. Project Specifications - Page 14 of 35 REVISION OF SECTION 409 SEAL COAT • The aggregate shall be clean and free from organic matter and other deleterious substances. When tested in accordance with AASHTO T176 or ASTM A2419 (Sand Equivalent Value of Soils and Fine Aggregates), the aggregate shall have a sand equivalent of not less than 65. When tested in accordance with AASHTO T 104, or ASTM C88 (Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulphate), the aggregate shall show a loss of not more than 15% using NA,SO4, or 25% using MgSO4, When tested in Accordance with ASTM D 1664, the aggregate shall have a retained bituminous film above 95%. Aggregates that do not meet this requirement may be used for surface treatments and seal coats provided a satisfactory chemical additive or wetting agent is used to provide a water-resistant film. Use of chemical additives or wetting agents is subject to prior approval or may be waived by the Engineer. Mineral fillers such as Portland cement, limestone dust, lime, fly ash, and other approved fillers shall be considered as part of the blended aggregate, used in the minimum amount required, and manufactured in the project year. Cost of mineral fillers, if used, is to be included in the unit price of the slurry seal and shall not be paid for separately. They shall meet the gradation requirements of AASI ITO M 17 orASTM D242 (Mineral Filler for Bituminous Paving Mixtures). Mineral fillers shall be used for one or more of the following reasons only: 1. To improve the gradation of the aggregate. 2. To control the time of break of the emulsion. 3. To provide improved stability and workability of the slurry. 4. To increase the durability of the cured slurry. Screening of aggregate shall be required at the quarry prior to delivery to the job site. Oversized material and/or • clay balls in the slurry seal shall be cause for rejection. The total aggregate, including mineral filler, shall conform to the following gradation when tested by AASi ITO T27, or ASTM C 136 (Sieve Analysis of Aggregates): SIEVE SIZE PERCENT PASSING TYPE II 3/8" ( 9.5 ram) 100 No. 4 ( 4.75 min ) 90 - 100 No. 8 ( 2.36 ram) 65 - 90 No. 16 ( 1.18 nun) 45 - 70 No. 30 ( 600 um) 30 - 50 No. 50 ( 330 um) 18 - 30 No. 100 ( 150 um) 10 - 20 No. 200 ( 75 um) 5 - 15 The Contractor shall submit a Certificate of Compliance from the intended aggregate producer. This certificate shall verify that the material conforms to the applicable Project Specifications and Revision of Section 409, Asphalt Slurry Seal. This certificate shall be supplemented by laboratory test data performed by an independent . testing laboratory at no expense to the Owner. Project Specifications - Page 15 of 35 • • • REVISION OF SECTION 409 SEAL COAT MIX DESIGN At least two weeks prior to commencement of work, the Contractor shall submit a signed mix design covering the specific materials to be used on the project. This design shall be performed by laboratory qualified to perform International Slurry Seat Association (ISSA) tests. Once the materials are approved, no substitution will be permitted, unless first tested by the laboratory preparing the mix design and approved by the Engineer. 1. Mix Design The qualified laboratory shall develop the job mix design and present certified test results for the Engineers approval. Compatibility of the aggregate and emulsion shall be verified by the mix design. All component materials used in the mix design shall be representative of the material proposed by the Contractor for use on the project. 2. Specifications The Engineer shall approve the design mix and all materials and methods prior to use. The component materials shall be within the following limits: Residual Asphalt Type II Mineral Filler Additive Water WATER 5.0% to 15.0% by dry weight of aggregate 0.5% to 2% by dry weight of aggregate As required to provide the specified properties As required to produce proper mix consistency All water used in making the slurry shall be potable and free of dissolved ingredients that may prove harmful. Water shall be of such quality that the asphalt will not separate from the emulsion before the slurry seal is in place. The effect of moisture content on the specific weight of the aggregate, and the moisture content of the aggregate being used, shall be taken into account in calibrating the machine to deliver mix in the correct proportion. LABORATORY TESTING All materials shall be pre -tested by the Contractor, at his expense, in a qualified laboratory as to their suitability for use in slurry and conformance with project specifications. The laboratory shall issue a current report which shows the results of tests performed on the individual materials, comparing their values to those required by this specification. The report will provide the following information on the slurry seal mixture: TEST PURPOSE METHOD SPECIFICATION - Slurry Seal Consistency ISSA T106 2 - 3 cm Excess Asphalt ISSA T109 50 g/ftz max Wet Stripping Test ISSA T114 Pass (90%min) Compatibility ISSA T115 Pass* Quick Set Emulsion ISSA T102 Pass** Project Specifications - Page 16 of 35 REVISION OF SECTION 409 SEAL COAT TEST PURPOSE IF METHOD SPECIFICATION Wet Track Abrasion ASTM D3910 I Hour Soak Loss 50 g/ft2 max (538 g/m2 max) 6 Day Soak Loss 75 g/f12 max (807 g/m2 max) * Mixing tests must pass at the maximum expected air temperature. ** Using specific job aggregate and emulsion content. The laboratory shall further report the quantitative effects of moisture content on the unit weight of the aggregate (Bulking effect). The laboratory report must clearly show the proportions of aggregate, mineral filler (minimum and maximum), water (minimum and maximum), additive(s) (usage), and asphalt based on the dry aggregate weight. A current and complete laboratory analysis and test report, accompanied by abraded and unabraded slurry test samples, shall be submitted by the Contractor at least two weeks prior to commencement of any work. If the Contractor performs this testing, the Engineer or his representative shall be allowed to observe all testing. AGGREGATE —CAPE SEAL Cape Seal aggregate shall conform to the requirements for Chip Seal and Slurry Seal aggregate for each layer of treatment aggregate respectively. • CONSTRUCTION REQUIREMENTS - GENERAL The Contractor shall notify businesses, schools, and residents at least 48 hrs prior to starting each phase of the • installation (see Revision of Section 630, Construction Zone Traffic Control). The flyer or door hanger shall be submitted to the Engineer for approval one (1) week prior to construction. The flyer shall include a local or toll free contact number for the Contractor and include the following: "Learn more about the City of Fort Collins Street Maintenance Program and find answers to common questions by visiting www.feeov.com/streets." Subsection 409.04 shall include the following: WEATHER LIMITATIONS No bituminous material shall be applied as follows: 1. When there is any danger the finished product will freeze before it cures completely. 2. When the pavement or air temperature is 60°F (16' C) or below and falling. 3. While puddles of water remain on the surface to be coated. 4. As directed by the Engineer. n �J Project Specifications - Page 17 of 35 SECTION 00530 NOTICE TO PROCEED Description of Work: 7417 Asphalt Surface Treatment Project To: A-1 Chipseal Co. This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within () calendar days from receipt of this notice as required by the Agreement. Dated this day of 20_ The dates for Substantial Completion and Final Acceptance shall be 20_and • , 20_, respectively. City of Fort Collins OWNER Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 20_ CONTRACTOR: A-1 CHIPSEAL CO. By: Title: REVISION OF SECTION 409 • ASPHALT CHIP SEAL, SLURRY SEAL & CAPE SEAL Subsection 409.05 shall include the following: EQUIPMENT - GENERAL All equipment, tools, and machines used in the performance of this work shall be maintained in satisfactory working order at all times. Unsatisfactory equipment shall be removed and replaced without delay or cost. Descriptive information on mixing and applying equipment to be used shall be submitted for approval a mininnon of seven (7) days before commencement of work. The equipment shall conform to the following minimum requirements: Proportioning Devices Individual volume or weight controls for proportioning each material shall be provided and properly marked. Yield estimates with supporting documentation from the metering devices and material delivery tickets will be provided by the Contractor daily. Calibration Equipment shall be calibrated in the presence of the Engineer prior to construction. Documentation shall be provided including individual calibration of each material at various settings, which can be related to the machine's metering device(s). No machine will be allowed to work on the project until the calibration has been completed and accepted by the Engineer. • Previous calibration documentation covering the exact materials to be used may be accepted provided they were made during the current calendar year. The documentation shall include an individual calibration ofeach material of various settings which can be related to the machine metering device(s). • Verification Test strips for each mix used may be required for each machine and each mix used after calibration and prior to construction. If the test sections do not conform to the specification requirements, the treatment shall be removed at the Contractor's expense. No compensation will be made for re -application or additional test sections required due to unsatisfactory work or material. Initiation of work on the project streets shall not begin without the Engineer's approval of test sections. Cleaning Equipment A minimum of two vacuum designed sweepers having only negative air pressure at the road surface capable of removing excess aggregate and debris material shall be used on this project. The body hoppers of the vacuum sweepers shall be a minimum capacity of ten cubic yards, and the negative air pressure at the intake shall be rated at forty six inches of negative water pressure. Sweepers shall meet applicable U.S. Environmental Protection Agency Standards. Project Specifications - Page 18 of 35 REVISION OF SECTION 409 ASPHALT CHIP SEAL, SLURRY SEAL & CAPE SEAL • Bituminous Distributor A minimum of two distributors shall be used. The distributors shall be self -powered and capable of providing a uniform application rate of emulsion varying from .05-1.00 gallons per square yard over a variable width up to twenty feet in a single pass. The uniformity of the distributors shall not vary bymore than two -hundredths (0.02) gallon per square yard. The distributors shall be equipped with a variable power unit for the pump and full circulation spray bars, which are adjustable laterally and vertically. Distributors shall be self -powered and include computerized application controls, a tachometer, pressure gauges, accurate volume devices, calibrated tank, and a thermometer for measuring temperatures of the emulsion in the tank. Necessary precautionary measures shall be taken to prevent diesel fuel or other cleaning solvents from contaminating bituminous material. Aggregate Spreader The Aggregate Spreader shall be equipped with a computerized rate control for applying 3/8" and 1 /4 " chip seal material at a uniform rate of application on variable widths of surface up to 18 feet. The aggregate spreader shall be self-propelled and supported by at least four tires on two axles capable of providing a uniform application rate of aggregate from five to fifty pounds per square yard over a variable width up to twenty feet in a single pass. The uniformity of this machine shall not vary by more than one pound per square yard. The aggregate spreader shall be equipped with the means of applying the cover coat material to the surface with computerized application controls so that the required amount of material will be deposited unifommly over the full width of the bituminous material. Other types of aggregate spreaders may be used provided they accomplish equivalent results and have been approved. Slurry Spreading Equipment • The surfacing mixture shall be spread uniformly by means of a mechanical type squeegee distributor, having a rubber -like material in contact with the surface to prevent unwanted egress of slurry. It shall prevent loss of slurry on varying grades and crown by adjustments to assure uniform spread. An appropriate mechanical device for lateral distribution of the slurry shall be operated within the spreader box. There shall be a steering device, a flexible strike -off, and a burlap type or other approved drag for the longitudinal joint. The spreader box shall be equipped with paddles or augers to agitate and spread the materials throughout the box. It shall be capable of producing a uniform surface its full width. A front seal shall be provided to ensure no loss of the mixture at the road contact point. The rear seal shall act as final strike off and shall be adjustable. The mixture shall be spread to fill cracks and minor surface irregularities and leave a uniform skid resistant application of material on the surface. The spreader box and rear strike off shall be so designed and operated that a uniform consistency is achieved to produce a free flow of material to the rear strike off. The longitudinal joint where two spreads join shall be neat appearing, uniform, and lapped no more than six (6) inches but not less than 4". All excess material shall be removed from the job site prior to opening the road. The spreader box shall have suitable means provided to side -shift the box to compensate for variations in pavement geometry. The box shall be kept clean, and no build-up of asphalt and aggregate shall be permitted. Spreader box skids shall be maintained in such a manner to prevent transverse chatter (wash -boarding) in the finished mat Any type drag used shall be approved by the Engineer and kept in a completely flexible condition at all times. Rollers A minimum of two (2) rubber -tired rollers for Chip Seal and one (1) rubber -tired roller for Slurry and Cape Seal shall be used on the project unless otherwise requested by the Engineer. The pneumatic tired rollers shall be self- propelled and the gross load adjustable to apply 200 to 350 pounds per inch of rolling width, as directed. Tire pressures or contact pressures may be specified for the pneumatic tire rollers. Tire pressures on each roller shall not vary more than plus or minus 2.0 psi. The wheels on the rollers shall be equipped with adjustable scrapers, • which shall be used when necessary to clean the wheel surface. Depending on the installation rates, additional Project Specifications - Page 19 of 35 REVISION OF SECTION 409 • ASPHALT CHIP SEAL, SLURRY SEAL & CAPE SEAL rollers may be required. At no time shall the rollers travel more than ten miles per hour. The rollers shall be maintained in good condition and be operated by experienced roller operators. Sweepers A rotary broom or other approved sweeping or blowing equipment meeting applicable U.S. Environmental Protection Agency Standards may be used to windrow excess material to be picked up during the Chip Seal treatment. Vacuum designed sweepers having only negative air pressure at the road surface capable of removing excess aggregate and debris material shall be used on Chip, Slurry, and Cape Seal treatments. The body hoppers of the vacuum sweepers shall have a minimum capacity of ten cubic yards, and the negative air pressure at the intake shall be rated at forty six inches of negative water pressure. Sweepers shall meet applicable U.S. Environmental Protection Agency Standards. Auxiliary Equipment Eland squeegees, portable emulsion spray systems, shovels, andall otherequipment necessaryto perform the work shall be provided by the Contractor at no additional cost to the Owner. SURFACE PREPARATION Subsection 409.06 shall include the following: PREPERATION OF SURFACE - GENERAL The Owner will be performing concrete repair, patching, and crack sealing on the streets prior to the application of the surface treatments. Inlet protection for erosion control and construction material infiltration into the inlet shall be required at all inlets prior to start of Work. See Sections 208, Erosion Control and Inlet Protection, and Section 4000, Environmental Standard Operating Procedures. Prior to treatment installation, the Contractor shall be responsible for ensuring that the surface is cleaned of all loose material, oil, silt spots, vegetation, and other objectionable material. The roadway surface and gutter shall be included in cleaning efforts. Dust and other material in depressions or other places not removed by mechanical sweepers shall be swept with hand brooms. The Engineer may require washing of the pavement where other methods of cleaning do not provide an acceptable surface. Methods of cleaning shall be approved by the Engineer. Material removed from the surface shall not be mixed with the surface treatment materials. Bituminous material shall not be spread until the area has been cleaned to the satisfaction of the Engineer. All vegetation shall be removed from the surface to be sealed prior to surface treatment placement. Any dead or remaining vegetation shall be removed before sweeping. Vegetation may be removed by burning when, in the opinion of the Engineer, such burning causes no safety hazard or air pollution nuisance. The Contractor shall be responsible for the locating, protecting, and cleaning of all utility covers following the application of material. The protection method and procedure shall be submitted and approved by the Engineer. See Section 210, Reset Structures. SURFACE PREPARATION — CHIP SEAL Chip Seal surface preparation shall meet the aforementioned general requirements. SURFACE PREPARATION — SLURRY SEAL • In addition to Slurry Seal surface preparation meeting the surface preparation general requirements, Slurry Seal Project Specifications - Page 20 of 35 REVISION OF SECTION 409 ASPHALT CHIP SEAL, SLURRY SEAL & CAPE SEAL • being placed over a surface that has been cleaned of oil spots shall require an approved primer application or other approved process for mitigating potential de -lamination. If the Slurry Seal is being placed over a brick or concrete surface, a highly absorbent asphalt surface, areas subjected to dusty conditions or over a surface where the aggregate has become exposed and is polished and slick, a one part emulsion, three part water tack coat of the same emulsion type and grade as specified for the slurry is recommended. This can be applied with an asphalt distributor. The normal application rate is 0.05 to 0.15 gallons of the diluted emulsion per square yard of surface (0.23 to 0.70 liters per square meter). The Engineer will have final authority to determine if tack coat is required and the rate at which it shall be applied. SURFACE PREPARATION — CAPE SEAL Cape Seal shall meet the general requirements for surface preparation above . APPLICATION — ASPI-IALT AND AGGREGATE Subsection 409.07 and 409.08 shall include the following: APPLICATION — GENERAL Ensuring proper spread rates and material proportions is the sole responsibility of the Contractor's. The Owner will continually be checking quantities using run sheets. The Contractor is encouraged to also check quantities with run sheets to avoid the penalties described herein. Yield estimates with supporting documentation from the metering devices and material delivery tickets will be provided by the Contractor daily. The seal coat shall be applied to alternating streets to provide sufficient public parking for those residents living on streets which have been closed. Traffic will not be allowed on the newly placed bituminous material until, in the opinion of the Engineer, the bituminous material has sufficiently set and bonded to prevent damage by vehicular traffic. Areas which are subject to an increased rate of sharp turning vehicles may require additional time to allow for a more complete cure of the surface application to prevent damage. Street closures shall be opened as soon as the material has sufficiently set and bonded. Manholes and valves on streets to be slurry sealed shall be clean when the work is completed. They shall be covered in a suitable manner prior to sealing, and the covering shall be removed immediately after the street is sealed. The Contractor shall submit the method for protecting manholes and valves to the Engineer for approval at least two weeks prior to commencement of work. After sealing, the Contractor shall verify accessibility to manholes and valves to the satisfaction of the Engineer at the end of each day. Manholes and valves shall be marked by the Contractor prior to placing the slurry to insure each one is located and can be found after slurry sealing. The Contractor is solely responsible for finding and using suitable stockpile locations. The Owner shall be allowed access to the stockpile locations at all times. No portion of the right of way may be used for storage of materials or equipment. Materials shall be stored in an area to prevent water saturation and contamination of stockpiled aggregates. On -site emulsion tanks shall be empty and cleaned of all residual asphalt prior to delivery of the first load of approved emulsion. Written authorization to use private property to store equipment and materials shall be obtained from the property owner and submitted prior to mobilization and use. The Contractor shall also submit a letter of indemnification to the Owner and the property owner. Samples of materials shall be furnished as directed by the Engineer during progress of the work at no expense to Owner. The Engineer may use the recorders and measuring facilities ofthe unit(s) to determine application and yield rates. • Project Specifications - Page 21 of 35 • REVISION OF SECTION 409 ASPHALT CHIP SEAL, SLURRY SEAL & CAPE SEAL Yield estimates with supporting documentation from the metering devices and material delivery tickets will be provided by the Contractor to the Engineer on a daily basis. The Engineer shall schedule testing as required during the project and shall be notified 24 hrs in advance of all material deliveries. Tests may be run on the aggregate and emulsion. Test results will be compared to the specifications. The Engineer shall notify the Contractor immediately if any test fails to meet the specifications. Frequency ofassurance testing will be at the direction ofthe Engineer. Noncompliance of materials shall be basis for rejection. It is the responsibility of the Contractor, at his own expense, to prove to the Engineer that the conditions have been corrected before work may continue. APPLICATION — CHIP SEAL AND DOUBLE CHIP SEAL Chip Seal surface treatments shall be installed as a Chip Seal (one layer) or a Double Chip Seal (two layer) installation. The surface aggregate size shall be 1/4" on residential streets and 3/8" on collector and arterial streets. The aggregate and CRS-2P application rates for a Chip Seal treatment shall be in accordance with the following CHIP SEAL APPLICATION TABLE (one layer) Material 3/8" Chip 1/4" Chip CRS-2P-Chipseal 0.34-0.40 Gal/SY 0.28-0.34 Gal/SY CRS-2P-Fogseal 0.11-0.14 Gal/SY 0.08-0.12 Gal/SY Aggregate 22 Ibs/SY Minimum 18 Ibs/SY Minimum Double Chip Seal surface aggregate size shall be 1/4" over 3/8" on residential streets and 3/8" over 3/8" on collector and arterial streets and shall be in accordance with the following: DOUBLE CFIIP SEAL APPLICATION TABLE (two layers) Material 3/8" on 3/8" Chip 1/4" on 3/8" Chip CRS-2P-Chipseal 0.68-0.79 Gal/SY 0.62-0.75 GaUSY CRS-2P-Fogseal 0.11-0.14 Gal/SY 0.08-0.12 GaUSY Aggregate 55 Ibs/SY Minimum 50 Ibs/SY Minimum The specific emulsion and cover aggregate application rate shall also be determined using factors such as surface temperature, traffic volume, existing road condition, and time of year. The application rate may be modified at any time during the course of the construction upon approval by the Engineer. Emulsion Application Bituminous material shall be applied by means of a pressure distributor in a uniform, continuous spread over the section to be treated and within the temperature range of 160 -185' F. The distributor shall be moving forward at the proper application speed at the time the spray bar is opened. Where multiple passes are required to complete the full width, the four inches adjacent to the second pass may be left with fifty percent coverage so that the next pass will complete the full application rate specified. • The nozzle angle and bar height shall be set to provide one hundred percent (100) of double coverage in a single pass. A strip of roofing paper at least three (3) feet in width and with a length equal to that of the spray bar of the Project Specifications - Page 22 of35 REVISION OF SECTION 409 ASPHALT CHIP SEAL, SLURRY SEAL & CAPE SEAL • distributor plus one (1) foot shall be used at the beginning of each spread. If the cut-off is not positive, the use of paper shall be required at the end of each spread. The paper shall be disposed of in a lawful manner. Any skipped areas or deficiencies shall be corrected. Junctions of spreads shall be carefully made to assure a smooth riding surface. The length of spread of bituminous material shall not be in excess of that which trucks loaded with cover coat material can immediately cover. The spread of bituminous material shall not be more than four (4) inches wider than the width covered with aggregate from the spreading device and shall not spread onto the concrete, gutter, or crosspan. The Contractor shall use roofing paper or some other approved means of concrete crosspan protection to eliminate emulsion spray on concrete Under no circumstances shall operations proceed in such a manner that the bituminous material be allowed to chill, set up, dry, or otherwise impair retention of the aggregate. Application rates shall be sufficient to prevent streaked appearance in the surface. The distributor, when not spreading, shall be parked so that the spray bar or mechanism does not drip bituminous materials onto the surface ofthe street, gutters or private property. During all applications, the surface of adjacent structures shall be protected in such a manner as to prevent their being spattered or marred. Any areas inaccessible to the distributor shall be sprayed by hand. All sidewalks, gutters or other surfaces where spatter is excessive, in the opinion of the Engineer, shall be immediately cleaned. Aggregate Application Immediately following the application of bituminous material, aggregate cover material shall be spread in quantities as designated. Spreading shall be accomplished in such a manner that the tires ofthe trucks or aggregate • spreader at no time contact the uncovered and newly applied bituminous material. If directed by the Engineer, the cover coat material shall be moistened with water to eliminate or reduce the dust coating of the aggregate; however, excess dust will be a cause for rejection of the aggregate. Immediately after the cover coat is spread, any deficient areas shall be covered by additional material. Rolling Rolling shall proceed in a longitudinal direction, beginning at the outer edges of application and working toward the center. Each pass shall overlap the previous pass by one-half of the width of the front wheel or roll. There shall be a minimum of three (3) passes with the pneumatic -tired rollers over the entire surface prior to moving ahead. One pass will be considered the number of trips to cover the entire surface from one side of the street to the other and for the length being worked. The first rolling of the aggregate shall be made before the asphalt emulsion breaks (roller shall complete the first rolling within approximately two and one-half (2 9z) minutes of the emulsion spray application). In no event shall traffic be allowed on the treated surface until all rolling has been completed. The aggregate shall not be applied in such a thickness as to cause blanketing. At no time shall the rollers travel more than ten miles per hour. Sweeping After the application of the cover coat material the surface shall be lightly broomed or otherwise maintained as directed by the Engineer, for a period of three to four days. Maintenance of the surface shall include the distribution of cover coat material over the surface to absorb any free bituminous material and cover any area deficient in cover coat material. In those areas requiring additional cover coat material, the surface shall be rolled with a rubber -tired roller to embed the aggregate in the bituminous material. The maintenance shall be conducted so as not to displace imbedded material. At the proper time, as determined by the Engineer, all excess cover coat • material shall be removed. Excess aggregate that is clean may be stockpiled and re -used in subsequent locations at the discretion of the Engineer. The Engineer may reject aggregate that has been previously applied upon visual Project Specifications - Page 23 of 35 REVISION OF SECTION 409 • ASPHALT CHIP SEAL, SLURRY SEAL & CAPE SEAL observation of the stockpile. Clean up Emulsion sprayed on concrete crosspans will require removal by approved methods at the Contractors expense. All material swept or blown onto sidewalks, all trash, all discarded chip seal material or other construction debris shall be collected on a daily basis, removed from the site, and disposed of to a site approved by the Engineer. Fog Seal Application Within three (3) days of application of the chip seal, or as directed by the Engineer, the Contractor shall re -sweep all excess aggregate from the roadway and adjacent areas and apply a fog seal of CRS-2P to the surfaces. APPLICATION — SLURRY SEAL Slurry Seal application rate shall be 18lbs/sy minimum —21 Ibs/sy maximum. The slurry shall be a homogeneous mixture, sufficiently stable during the entire mixing - spreading period so that the emulsion does not break, there is no segregation of fines from the coarser aggregate, and the liquid portion of the mix does not float to the surface. Total time of mixing, from introduction of emulsion to spreading shall be two minutes or less. Slurry mixtures placed in test strips shall conform to design mix with minor variations to obtain crack filling, bond to pavement, and desired skid resistance texture. In the event the materials do not meet the requirements for fluidity, non -segregation, or surface texture, a newjob mix shall be formulated and tested. Work shall not proceed • before approval of a design mix and acceptance following the placing of a test strip. General 11 The surface shall be fogged with water directly preceding the spreader if required by local conditions as directed by the Engineer. No free water shall be on the surface of the pavement following fog spray. Rate of application of the fog spray shall be adjusted during the day to suit pavement temperatures, surface texture, humidity, and dryness of pavement surface. The slurry mixtures shall be of the desired consistency as it leaves the mixer, and no additional elements shall be added. A sufficient amount of slurry shall be carried in all parts of the spreader at all times so that complete coverage is obtained. No lumping, balling, or unmixed aggregates shall be permitted. No segregation of the emulsion and aggregate fines from the coarse aggregate will be permitted. If the coarse aggregate settles to the bottom of the mix, the slurry will be removed from the pavement. Breaking of the emulsion in the spreader box will not be allowed. No streaks as caused by oversized aggregate will be left in the finished pavement. Rippling of the finished pavement is undesirable and shall be minimized. The speed maybe reduced by the Engineer, if rippling of the surface occurs. At any time that segregation, texture, rippling or application rate are in non compliance with the specifications due to mix equipment or workmanship, work will be stopped until the Owner's representative is insured that the non conformance has been corrected. After lay -down work is completed and before final acceptance by the Engineer, spot application of slurry seal material may be required to correct any deficiencies such as streaking, scuff marks, tire tracks, gaps, etc. to improve the ride quality and overall appearance. Slurry seal material required to correct deficiencies due to unsatisfactory workmanship will not be paid for but shall be at the Contractor's expense. Project Specifications - Page 24 of 35 REVISION OF SECTION 409 ASPHALT CHIP SEAL, SLURRY SEAL & CAPE SEAL • Joints The longitudinal joint between adjacent lanes shall have no visible lap, pinholes, or uncovered areas. Build-up or unsightly appearance shall be not be permitted on longitudinal or transverse joints. The use of burlap drags or other type drags shall be at the direction of the Engineer. Thick spots caused by overlapping shall be smoothed immediately with the hand squeegees before the emulsion breaks. Longitudinal joints shall be overlapped no more than six (6) inches over previously placed slurry. Slurry seal will be measured and paid for by the square yard of street surface properly sealed and accepted by the Engineer. Building paper shall be used at transverse joints to minimize or eliminate overlap. When drags are used, they must be kept clean and free of build-up. Joints shall be straight and have a neat appearance. Hand Work Approved hand squeegees with burlap drags shall be used to spread slurry in areas not accessible to the slurry mixer. Care shall be exercised as to the specified application rate and workmanship, as to leave no unsightly appearance from hand work.. Mix Stability The mixture shall possess sufficient stability so that premature breaking of the material in the spreader box does not occur. The mixture shall be homogeneous during and following mixing and spreading, it shall be free of excess water or emulsion and free of segregation of the emulsion and aggregate fines from the coarser aggregate. Spraying of additional water into the spreader box will not be permitted. Lines Care shall be taken to ensure straight lines along curbs, shoulders and joints. No runoff on these areas will be . permitted. Lines at intersections will be kept straight to provide a neat appearance. Curing Slurry treated areas shall be allowed to cure until such time as the Engineer permits their opening to traffic. The slurry seal mixture shall be proportioned to permit traffic on the newly sealed surface within I to 4 hours of placement. The Contractor shall protect the area with suitable barricades for the full curing period, per the approved traffic control plan. Rolling Slurry seal placed on parking lots, alleys, cul-de-sacs or low traffic volume areas, as determined by the Engineer, shall be rolled with a pneumatic tire roller with a minimum weight of four (4) tons. Rolling shall start when the slurry seal has set sufficiently to prevent any pick-up of material and rolled a minimum of three (3) coverages by the roller until a uniform surface is obtained. Payment for rolling will not be measured or paid for separately, but shall be included in the unit price for Slurry Seal. Cleanup All material swept or blown onto sidewalks, all trash, all discarded slurry seal material, or other refuse shall be collected on a daily basis, removed from the site, and disposed of to a site approved by the Engineer. Slurry seal on concrete curb, gutters, and crosspans will require removal by approved methods at the Contractors expense. • Project Specifications - Page 25 of 35 C REVISION OF SECTION 409 ASPHALT CHIP SEAL, SLURRY SEAL & CAPE SEAL All applied slurry surfaces shall be swept with a vacuum style sweeper to remove any excess raveled material which becomes dislodged from the street surface after seven (7) working days. Dislodged material from the street shall be disposed of to a site approved by the Engineer. Payment for sweeping shall be paid for separately as described in Section 02000 "Revision of Section 105; Maintenance During Construction". Excessive raveling, as determined by the Engineer, shall be swept by the Contractor at no additional cost to the Owner. APPLICATION — CAPE SEAL The installation of the slurry seal layer over the chip seal layer shall be applied within three (3) working days of the Chip Seal installation. Cape Seal requirements shall follow the application specifications outlined in the above sections under Chip Seal and Slurry Seal and conform to the following: Material 3/8" Chip lAirterial/Collectou 1/4" Chip Residential CRS-2P-Chipseal 0.30-0.36 GaUSY 0.26-0.32 Gal/SY Aggregate 22 Lbs/SY Minimum 20 Lbs/SY Minimum Material 3/8" Chip 'Arterial/Collector' 1/4" Chtp Residential Slurry Seal 20 Lbs/SY Minimum 18 Lbs/SY Minimum METHOD OF MEASUREMENT Subsection 409.09 shall be revised as follows: Chip Seal and Double Chip Seal will be measured and paid for at the contract unit prices per square yard of street surface properly sealed and accepted by the Engineer minus any reduction for noncompliance with approved aggregate and emulsion application rates. Slurry Seal shall be measured and paid for at the contract prices per square yard ofstreet surface properly sealed and accepted by the Engineer, minus any reduction for noncompliance with approved aggregate and emulsion application rates. No separate payment for additional additives will be made unless approved prior to use by the Engineer. Cape Seal shall be measured and paid for at the contract prices per square yard of street surface properly sealed and accepted by the Engineer, minus any reduction for noncompliance with approved aggregate and emulsion application rates Application rates shall meet the requirements contained herein. If the yield is determined to be below the minimum application rates, the treatment will be subject to rejection or a price reduction as determined by the Engineer as follows: AMOUNT BELOW MINIMUM -. APPLICATION RATE PERCENTAGE REDUCTION IN FINAL PAYMENT- 1 - 5% 10% or Rejection 5 -10% 20% or Rejection 10%+ Determined by Engineer or Rejection Project Specifications - Page 26 of 35 REVISION OF SECTION 409 ASPHALT CHIP SEAL, SLURRY SEAL & CAPE SEAL BASIS OF PAYMENT Subsection 409.10 shall be revised as follows: The accepted quantities of chip seal will be paid for at the contract prices per square yard of street surface properly sealed and accepted by the Engineer, minus any reduction for noncompliance with approved aggregate and emulsion application rates. Payment will be made under i PaV Item Unit 409.01 Chip Seal (Arterial) Square Yard 409.02 Chip Seal (Collector) Square Yard 409.03 Chip Seal (Residential) Square Yard 409.04 Double Chip Seal (Residential) Square yard 409.05 Type 11 Slurry Seal (Collector) Square Yard 409.06 Type 11 Slurry Seal (Residential) Square Yard 409.07 Type 11 Slurry Seal (Parking Lots) Square Yard 409.08 Cape Seat (Collector) Square Yard 409.09 Cape Seal (Residential) Square Yard 409.10 Cape Seal (Arterial) Square Yard The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, required traffic control devices, TCS and flagging personnel, traffic control signage, incidentals, preparing street surfaces, installing a tack or fog coat when required, rolling, clean up, and for all the work involved, complete -in - place, including haul, disposal, and cleanup as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION 0 Project Specifications - Page 27 of 35 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate REVISION OF SECTION 630 • TRAFFIC CONTROL DEVICES Section 630 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 630.01 shall include the following: This work shall consist of furnishing, installing, moving, maintaining, and removing temporary construction traffic control devices, including but not limited to signs, advance warning arrow panels, barricades, channelizing devices, and delineators as required by the latest revisions of the City of Fort Collins "Work Area Traffic Control Handbook," the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD), the Larimer County Urban Area Street Standards (LCUASS), and the Colorado Department of Transportation Road and Bridge Standard Specifications (COOT). /n the event of a conflict between the MUTCD criteria and the City'.s criteria, the City's criteria shall govern. "The City of Fort Collins Master Street Plan" map depicting the street classifications (Arterial, Collector, and Residential) can be found at the following link: http://citvdoes.fc2ov.com/?dt=Master+Street+Plan+Map&dn=GI S+MAPS&vid=l 92&cmd=showdt MATERIALS Subsection 630.02 shall include the following: All traffic control devices shall must meet or exceed the required minimum standards. Traffic control devices shall • be clean and in good operating condition when delivered and shall be maintained in that manner on a daily basis. Devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (i.e. crossed out information, information written in long -hand style, etc.). • Sign blanks with sign faces on both sides must have the back sign face covered when in use to avoid confusion to motorists and bicyclists traveling in the opposite direction and residents potentially affected by information the sign may present. CONSTRUCTION REQUIREMENTS Subsection 630.10 shall be revised as follows: The Contractor shall be responsible for ensuring safe passage through the work zone for vehicles, pedestrians and bicycles. The City of Fort Collins shall not be responsible for any loss or damage to equipment due to theft or vandalism or for any damages to public or private property caused by the Contractor's construction activities. Private or public property which is damaged by the Contractor's installation, equipment, or employees will be the sole responsibility of the Contractor. - Two-way traffic shall be maintained at all times unless approved by the Engineer. Lane width shall be maintained at a minimum of ten (10') feet. The Contractor will provide 24 hour minimum notice to the City of Fort Collins Traffic Department when construction operations will be near a signalized intersection. Project Specifications - Page 28 of 35 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES • Notification of residents and businesses shall be the responsibility of the Contractor, Contractor Representative, TCS or TCS Representative and shall consist of distributing letters indicating the nature of the work to be completed, any special instructions to the residents (i.e. limits on lawn watering during concrete placement, etc.), dates and times of the work, and parking and access restrictions that will apply. Sample letters shall be provided by the Engineer. Letters with the Traffic Control Plans shall be submitted for approval by Engineer and shall be distributed by the Contractor's representative a minimum of 48 hours prior to the commencement of each phase of the work. Devices temporarily not in use shall be removed from the area. Moving shall include devices removed from the project and later returned to use. Devices may be temporarily placed and/or stored in the City right-of-way in such a manner that minimizes the hazards to pedestrians, bicyclists, and vehicles, as approved by the Engineer. Traffic control devices shall be removed from the site immediately upon completion of the work for any street(s). TRAFFIC CONTROL PLANS Traffic control plans shall be submitted on City supplied forms and approved for all work locations/areas prior to commencement of any Work. Traffic control plans shall be prepared by a Traffic Control Supervisor certified by the American Traffic Safety Services Association (ATSSA) or a Worksite Traffic Control Supervisor certified by the Colorado Contractors Association (CCA). Typical Traffic Control Plans shall be submitted for approval to the Engineer by 8:00 a.m. two working days (48 hours) prior to the commencement of work. All plans shall be delivered to the Engineer, 625 Ninth Street, Fort Collins. Facsimiles of plans shall not be allowed. Typical submittals for residential work scheduled on Monday and Tuesday shall be submitted the previous Friday by • 9:00 a.m. Full residential road closure plans shall be submitted no later than Friday morning by 8:00 am for projects starting the following week. Submittals for fall closures on arterial and collector streets shall be submitted two weeks prior to the commencement of work. A Traffic Control Plan shall be submitted for each Arterial and each Collector street scheduled for work. Each residential area shall have one typical Traffic Control Plan submitted for the area. When changes to the Traffic Control Plan(s) are necessary, a re -submittal for the area shall be provided for approval. The Traffic Control Plan shall include, as a minimum, the following: (1) A detailed diagram which shows the location of all sign placements, including advance construction signs (if not previously approved) and speed limit signs; method, length and time duration for lane closures, and location of flag persons. (2) A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to: construction signs; vertical panels; vertical panels with lights; Type I, Type II, and Type III barricades; cones; drum channelizing devices; advance warning flashing or sequencing arrow panels. Certain traffic control devices may be used for more than one operation or phase. However, all devices required for any particular phase must be detailed and tabulated for each phase. (3) Number of flaggers to be used, parking restrictions to be in affect and detailed pedestrian and bicycle movement. Project Specifications - Page 29 of 35 REVISION OF SECTION 630 • TRAFFIC CONTROL DEVICES Variable Message Boards shall be placed a minimum of 5 working days prior to the project. For full closures on Arterials and Collectors, Variable Message Boards shall remain in place until completion of the project. For lane closures on Arterials and Collectors, message boards shall remain in place for two days after starting work. The Engineer will issue direction for the number of boards, general locations forplacement, and message verbiage. Fully automated variable message boards shall be installed and operate continuously for the duration specified. Flagger stations shall be located such that approaching motorists, bicyclists, and pedestrians, shall have sufficient distance to safely stop at a specified location. The Contractor shall maintain access at all times to businesses, schools, and residents and shall communicate their schedule 48 hours prior to beginning the Work. Approval of the proposed method of handling traffic does not relieve the Contractor of liability specifically assigned to him under this contract. TRAFFIC CONTROL MANAGEMENT Subsection 630.11 shall be revised as follows: Traffic control devices and traffic control management shall be placed under the supervision of a Traffic Control Supervisor. The Contractor shall designate an individual, other than the superintendent, to be the Traffic Control Supervisor. Traffic Control Management shall be performed by a Traffic Control Supervisor (TCS). The TCS(s) shall possess a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control Supervisor or Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor. Proof of certification shall be submitted to the City Traffic Control Manager and Engineer, for all personnel assigned to the project. The Traffic Control Supervisor shall have approved traffic control plans for the work site and current copies of the City of Fort Collins' "Work Area Traffic Control Handbook", and Part VI of the MUTCD, pertaining to tmffic controls for street and highway construction, available at all times. One TCS shall be designated as the (lead TCS. The 1-lead TCS shall have a minimum of one year experience as a certified TCS. Qualifications shall be submitted to the Engineer for approval a minimum of one week prior to commencement of the work. It is the intent of the specifications that the Head TCS be the same throughout the project, on site at all times during construction hours, and equipped with a cellular phone. The Head TCS shall be `on call' and available during non -working hours and a 24-hour telephone number shall be provided to the Engineer. The response time from the Engineer's contact outside of construction hours shall be 30 minutes or less and correction of the issue(s) shall be one (1) hour or less. If, in the opinion of the Engineer, any traffic control individual does not perform their duties at or to the minimum industry standard, the Contractor will be required to replace that individual. The TCS shall be equipped with a cellular phone. The TCS duties shall include, but not be limited to: Prepare, revise and submit Traffic Control Plans as required. 2. Supervise and direct project fiaggers. • 3. Coordinate all traffic control related operations, including those of the Subcontractor and Supplier. Project Specifications - Page 30 of 35 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES • 4. Coordinate project activities with appropriate police and fire control agencies, Transfort (Fort Collins Bus Service), school districts and other affected agencies and parties prior to construction. 5. Notify residents and businesses at least 48 hours prior to construction. Notifications may be accomplished by a representative of the Contractor, the Traffic Control Supervisor, or Flagger. 6. Inspect traffic control devices on a calendar day basis for the duration of the project to ensure devices are functioning properly. 7. Oversee all requirements covered by the plans and specifications which contribute to the convenience, safety, and orderly movement of traffic. 8. Flagging for emergency situations or relief of personnel for short periods of no more than 15 minutes over a 60 minute period. 9. Set up and removal of traffic control devices.. 10. Maintain a project traffic control diary which shall become part of the City's project records. This diary/log shall be submitted to the Engineer daily and shall include the following information as a minimum: a. Date b. Time of the inspections • c. Project description and location d. Traffic Control Supervisor's name e. Type and quantity of traffic control devices used per approved Method of Handling Traffic (MINT) f. List of naggers used, including start time, stop time and number of flagging hour breaks g. Traffic control problems (traffic accidents; damaged, missing or dirty devices, etc.) and corrective action taken The Engineer reserves the right to request traffic control personnel be replaced when, in the opinion ofthe Engineer, the minimum industry standards for performing duties are not being met on site. Notification of residents and businesses shall be the responsibility of the TCS, TCS Representative, or Contractor and shall consist of distributing letters indicating the nature of the work to be completed, any special instructions to the residents (i.e. limits on lawn watering during construction), the dates and times of the work, and the parking and access restrictions that will apply, as well as thorough information placed on "NO PARKING" signs. Sample letters will be provided by the Engineer and shall be distributed prior to the commencement of each phase of the work. Letters shall be submitted with the Traffic Control Plans for approval. Approved letters shall be distributed a minimum of 48 hours prior to the commencement of work. All traffic control devices and traffic control management shall be placed under the supervision of a Traffic Control Supervisor. The Traffic Control Supervisor shall current copies of the City of Fort Collins Work Area Traffic Control Handbook, and Part VI of the MUTCD, pertaining to traffic control for street and highway construction, available at all times. • Project Specifications - Page 31 of 35 REVISION OF SECTION 630 . TRAFFIC CONTROL DEVICES METhIOD OF MEASUREMENT Subsection 630.15 shall include the following; All costs associated with the Traffic Control Plan review shall not be measured or paid for separately, but shall be considered incidental to the work. Review fees will not be measured or paid for separately, but shall be considered incidental to the Work. The City shall deduct from compensation due the Contractor $10.00 per day for each traffic control device not removed from the site immediately upon completion of the work or as directed by the Engineer. Flagging personnel shall not be measured or paid for separately but shall be included in the unit price of the Work including break times. The quantity of flaggers shall be determined by the classification of the roadway (Arterial, Collector, and Residential) and the Contractors' flagging needs based on the work being performed. Flagger hand signs and devices, such as Stop/Slow paddles, will not be measured and paid for separately, but shall be included in the work. The flagger(s) shall be provided with electronic communication devices as required. These devices will not be measured and paid for separately, but shall be included in the work. The cost of batteries, electricity and/or fuel for all lighting or warning devices will not be paid for separately but will be considered subsidiary to the item. • Sand bags and caution tape will not be measured and paid for separately, but shall be included in the work. • The Contractor may provide larger construction traffic signs than those typically used in accordance with the City of Fort Collins Work Area Traffic Control Handbook and the MUTCD if approved by the Engineer; however no payment will be made for the additional panel size. Business signs and detour placard street names are NOT considered Specialty Signs and will not be measured or paid for separately, but shall be included in the work. "Variable Message Boards" shall be measured and paid per each per day at the contract unit price for variable message boards as required for each area and street. "Additional Flagging" shall be measured and paid per hour only when requested by the Engineer in writing for special circumstances not already included under another item. Hours of non -flagging work in excess of those authorized shall not be measured and paid for separately but shall be at the Contractor's expense. The City shall not be responsible for any losses or damage due to theft or vandalism. The City will not be responsible for any damages caused by the Contractor's construction activities to the public. Private or public property which is damaged by the Contractor's equipment or employees will be the sole responsibility of the Contractor. Project Specifications - Page 32 of 35 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES • BASIS OF PAYMENT Subsection 630.16 shall be revised as follows: Pay Item Unit 630.01 Variable Message Board Per each per day 630.02 Additional Flagging Personnel Hour The above unit prices and payments shall include full compensation for furnishing all labor, materials, tools, and equipment and all related incidental items for "Variable Message Boards" and "Additional Flagging Personnel', complete -in -place including message modifications, as specified in these specifications, and as directed by the Engineer. All other traffic control items related to the Work including but not limited to furnishing equipment, equipment mobilization/ demobilization/ modification, TCS and flagging personnel hours, vehicles, phones, notification delivery, hand signs, communication devices, sandbags, and all related incidentals required for traffic control under this contract shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work. No measurement or payment shall be made separately for traffic control related items, as specified in these specifications, and as directed by the Engineer. END OF SECTION r1 L J • Project Specifications - Page 33 of 35 REVISION OF SECTION 630 • TRAFFIC CONTROL DEVICES SPECIAL CONDITIONS FOR WORK ON COLLECTORS NOTE: CROSS STREET TRAFFIC SHALL BE MAINTAINED AT ALL TIMES UNLESS AUTHORIZED BY THE ENGINEER IN WRITING. NOTE: FULL CLOSURES ON COLLECTORS WILL BE ALLOWED UNDER EXTREME CIRCUMSTANCES AND ONLY UPON APPROVAL BY THE ENGINEER. PLANS SHALL BE APPROVED A MINIMUM OF TWO WEEKS PRIOR TO THE COMMENCEMENT OF WORK AND/OR THE TIME REQUIRED TO ADEQUATELY NOTIFY THE PUBLIC THROUGH THE MEDIA. NOTE: CONSTRUCTION OR REPAIR WORK WILL NOT BE PERMITTED AT OR IN THE VICINITY OF SIGNALIZED INTERSECTIONS OR ANY COLLECTOR STREETS THAT HAVE MAJOR TRAFFIC VOLUMES BETWEEN THE HOURS OF 7:00 A.M. TO 8:30 A.M. OR 3:30 P.M. TO 6:30 P.M. (EXCEPT IN THE CASE OF AN EMERGENCY). EXCEPTIONS MAY BE MADE FOR CONSTRUCTION OR REPAIR WORK ON ARTERIALS AND COLLECTORS BETWEEN THE HOURS OF 7:00 A.M. TO 6:00 P.M., MONDAY THROUGH FRIDAY EXCLUDING HOLIDAYS, WHEN ALL EQUIPMENT, LABOR, TRAFFIC CONTROL DEVICES AND CONSTRUCTION ARE NOT IN THE VICINITY OF AN INTERSECTION. THE ENGINEER WILL AUTHORIZE SUCH WORK AND SPECIFY THE REQUIRED DISTANCE FROM THE INTERSECTION. • NOTE: TIME RESTRICTIONS ON S.H. 287 (COLLEGE AVENUE) WILL NORMALLY BE RESTRICTED FROM 9:00 AM TO 3:00 PM. C, J NOTE: CONSTRUCTION HOURS, EXCEPT FOR EMERGENCIES, SHALL BE LIMITED TO 7:00 A.M. TO 6:00 P.M., MONDAY THROUGII FRIDAY EXCLUDING HOLIDAYS, UNLESS OTIIERWISE AUTHORIZED IN WRITING BY THE ENGINEER. SPECIAL CONDITIONS FOR WORK ON RESIDENTIAL STREETS NOTE: FULL CLOSURES ON RESIDENTIAL STREETS SIIALLBEALLOWED ASSIIOWNONT14ETRAFFIC CONTROLPLANS. END OF SECTION Project Specifications - Page 34 of 35 SECTION 02500 • QUANTITIV ESTIMATE This work shall consist of placement of Chip Seal, Slurry Seal, and Cape seal on existing and designated streets in the City of Fort Collins. Specific locations are described herein; however, additional quantities are included in the Bid Schedule for locations not yet identified at the time of bid. All quantities stipulated in the Bid Schedule at unit prices are approximate and are to be used only as abasis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The basis of payment shall be the actual amount of materials furnished and Work done. Work not listed in this section will be added by Change Order at the contract unit prices. Contractor agrees that they will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amount of Work actually performed and materials actually furnished and the estimated amount therefor. - • lJ 0 0 0 | . §§ §§§§§m@§§5§§§§§; @BB>!!;§2 ( )§§§!{ !/§§m§§§§§:\§AI I...0 }§(/§\{m°BKGm,/�\;ems)) �u§G§§, !;n\®,!§_!!�}`®:`_ „ /!!§§;7[§)§I§!!!2�!!>,e;)e!§§§(§l:e------u z=m~®°!= �! § (!§ : 00 �0b - /2lz�,�:l:;l;2\!!:;§;: _((/§;!]n»§lmaa;;00 > ; _ E) /\/§2\§§)§\)/� > \Z. reel:)§[§§§§/j!! § -rrrrrr»:° ;§:r§:a®n,§w_ --� §§§§§§§m«E§:!\§§!!§E§§ ]§ §]\)\§§)09...0(® §&7\iuU.Uuu \&}7}\!/7}f ;; !!!@!7!!}§i2222ii§il22 /J ]$f]2ffif]fffif$ §. � . , . § \§5§§@@§§@§§§§e§55@§§5w-1010§§§§e§e§§§§ )a \-§!)§-\4\ ( § §)~f~~ ( P ( !�)( )§ ; ) «e;§:§ 0 ,:4!1!1 :�§§;m -40!§&o !\!E21. !r�§\um;: ` !r\ =n \ §�;m - ! - :;§:§§ - \ �; (§E:,=:## )\=)\G=§2(§)\�((�\}_�%�(§}�/�)k)§ (l:6wl,a§l;;B;>�; „ le,ales;,!>!e!;§e§»» `[�\�!!� u=el:m \§§E§!§\!:!\u2\2l:m!\��&!!«,: ��� ))()/§;;§\5E!§!\}\ ____a.G:a!}j03:3:. §)((§§§§§!§§E§!§§;E§l;EE§§§;§;17 � �. oawo is KNOW ALL BY THESE PRESENTS: that PERFORMANCE BOND Bond No. 58715511 (Firm) A-1 Chipseal Company (Address) 2001 West 64th Lane Denver CO 80221 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as "the Principal, and (Firm) Western Surety Company (Address) 10375 Park Meadows Dr., Littleton, CO 80124 hereinafter referred to as "the Surety," are held and firmly bound unto the City of Fort Collins, 300 West LaPorte Avenue, Post Office Box 580, Fort Collins, Colorado 80522, a Municipal Corporation, hereinafter referred to as "the Owner," in the penal sum of $1,029, 556.05 One Million Twenty Nine Thousand Five Hundred Fifty Six Dollars and 05/100 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 CONDTTIONSSFk THIS OBLIGATION are such that whereas the Principal entered into a certain Contract Agreement with the Owner, dated the 'Sp day -of AA" ,Lg I ge , a copy of which is hereto attached and make a part hereof for the performance of City of Fort Collins Project, Asphalt Surface Treatment Pro isct Renewal for BID NO. 7417 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Contract 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 he shall satisfy all claims and demands incurred under such Contract Agreement, and shall fully indemnify and save harmless the Owner from all cost and damages which it may sufftr er 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 �ood any default, and then this obligation shall be void; otherwise to remain in fall 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 terns of the Contract Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligation on this tend; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract 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. -/L/INN I(TNESS WHERE this instrument is ed fn three counterparts, each one of which shall be deemed an original, this . � )( / (('�- day of ,� . ------V��+2III-----��� A-1 Chipseal Companv 1N PRESENCkOF: (� (CORPORATE SEAL) (Title) 2001 West 64th Lane, Denver, CO 80221 (Address) Page i of 2 0 0 � ,--- „ - -,- „ --,��,�,����,�,�����, § § § . §§§§dwk66 E§§5§§ ;§aI:EEB§nmom lBiEEl:B:§;!!B:§mBlm!!! 2 )� §&!2\ j a n \(�\§®\\\� ��r�{ (§§({k` §! \® §/ ` U. /§§l;B;,w,!!§la;:«§!!!;4!§»!!!B!=!!:; ::�\§:;§;��)!£[\�§® e �0on :! ! `:`®,,, E0 E _ § : [ m§§;,�»!5/;!! !;!/;E /2:�, }, ((§))!;« §B:r§]!;§;0 n§,;§m�%K§§! !!�«§§!:,»��«:t;,:;!_ §§!)1w5;§§\§§§§§:!4l=;;a»,!,!;«,m;�!n b ! &uu n��=�( �/ 0 3:3: (§§§§§§n)2r(;;;;/!!;/ !2)§§:»,2 ,0000004__ °rr[rl�m,w,r:;�(..X=§I;; 22;§@§::2;;°:\���=�ZB::®�@,tr!!z ; „ ■\}\((\\\\§§�/ - z§!>!§!!; 3: ;;P 0 P � 0 0 � u I . . § . §§55§5§§§§/§5§§@§§E§r§; §5))5§55)§§}§§5§ ` `� !4 `r§ ; - !m - - - - }}§\;2=;\/2,|\\\/\;\\\}\=®\22 � §§;,lmm:mwu ) \`§-- \ :0:22=;,ee _ ; k}§;;)K§§§§/\§/) ! //\(\\/l5:RN:52 15 W.I Iu ... }(})())§az �u; u § j \§uu -\:Gu-G §§[,!,§t6z u !)�((�§§)!\()7;::§(!; }\\\\���\}})()§2 §/!!;§!§:!\!!!!E!§\§§*§ -;§ : - §}\&fiif/flit!§}!}fii77 }\\/\}//\}}/\//\ r\\/\\)\/\\i/\\/\/ {/\\\-9-9 \���---__------- 32\\/\/\\\/j\) \=�\((§\$\§2222((§\}=;\(3 :;I�=�,a«l��aa���:::ma�wl�e � 0 • SECTION 03500 PROJECT MAPS AREA MAPS Vicinity Maps include the following areas: Phase 1 CHIP SEAL Ziegler 2 SLURRY SEAL Andersonville Boltz Area Brittany Knolls Collindale Coventry Golden Meadows Southmoor East Walden Way Whalers Way CAPESEAL 121h St • Troutman . Aspen Boltz Area Walden Way Phase 2 SLURRY SEAL Fairbrooke Irish Miramont Prospect Estates Provincetowne East Rogers Park Mason Area CAPESEAL Landings West Provincetowne East Wooded Creek CJ City of N F6r't CoWnS w+ Streets Overview STREET MAINTENANCE PROGRAM (SMP) Surface Treatment Areas Legend dmimm Slurry OClly Limits — Chip — Cape Map 1 of 279 2014 Revised May 8th, 2014 Oty Of w N e F,`rt Collins • Streets Northwest Quadrant STREET MAINTENANCE PROGRAM (SMP) Surface Treatment Areas Map 2of27 2014 Legend — Slurry O City Limits Revised May 8th, 2014 —Chip ®Schools — Cape City of N n STREET MAINTENANCE PROGRAM (SMP) w Fort Collins + Surface Treatment Areas ��- sheets Map 3 Of 270 Legend 2014 � Slurry O City Limits Revised May 8th, 2014 ® Northeast Quadrant Chip Schools—Capa CountyClub Rd j E'Willox Ln •� 1 .La .�J hlountainNis_ta'Dr' hAspen \ 4 o� T �ILII IIJi Imo' Z / ` ` 'EiVfne Dr ILI Andersonville c aq v E,Lincaln qv � Z e W.Mountm'Aav Jv 12th St �I 1 _. E•Mulberry St 14 'W LaureI sh N oo i \�o EP Pros ec11$d- IWBrosPectlRd ;U / Spring , Meadows _ l � a �3 Prospect Esfates ' n p { \�� WDrake,Rd �� ElDrake!Rdt Zee_ e ; Pf 1 1 ; � City of Flirt ColtinS w+r Streets Southwest Quadrant STREET MAINTENANCE PROGRAM (SMP) Surface Treatment Areas Map 4 of 27 2014 Legend � Slurry O City Limits Revised May 8th, 2014 —Chip ®Schools .Cape F�ort Collins ` Streets Southeast Quadrant N wAr: S STREET MAINTENANCE PROGRAM (SMP) Surface Treatment Areas Legend Slurry OCity Limits —Chip ®Schools — Cape Map 5 of 27� 2014 Revised May 81h, 2014 Other Partners PRESENCE � By: i By: (SURETY SHAL) • UZ Western Surety Company M Kar4n A. Feggestad ?terhio-Fad 10375 Park Meadows Dr., Littleton, CO 80124 (Address) NOTE: Date of Bond must not be prior to date of Contract Agreement If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety Company must be authorized to transaet business in the State of Colorado and be acceptable to the Owner. • Page 2 of 2 City Of w h r FF6rt Collins • Streets 12th St STREET MAINTENANCE PROGRAM (SMP) Surface Treatment Areas Map 6 of 27 Legend 2014 swRy chip Revised May 8th, 2014 � Cave ® Schools F�ort Collins Streets Andersonville N STREET MAINTENANCE PROGRAM (SMP) W f; SYf Surface Treatment Areas s Map 7of27• Legend 2014 �sw«y Chip Revised May 8th, 2014 � Cape ® scnaols City of " Fort Collins w+e Streets Aspen STREET MAINTENANCE PROGRAM (SMP) Surface Treatment Areas Map 8 of 27 Legend 2014 �sw�y Chit/ Revised May 8th, 2014 � Cape ® Schools City Of �.F�ort Collins w Streets Boltz area 1 STREET MAINTENANCE PROGRAM (SMP) Surface Treatment Areas Map 9 of 279 Legend 2014 � Slurry Chip Revised May 81h, 2014 � Cape ® Schools City of �F6rrt Collins w+, • Streets Brittany Knolls STREET MAINTENANCE PROGRAM (SMP) Surface Treatment Areas Map 10 of 27 Legend 2014 � Slurry Cnlp Revised May 8th, 2014 � Cape ® Schools City of by STREET MAINTENANCE PROGRAM (SMP) Fort Collins w V Surface Treatment Areas Streets 5 Map 11 of 27• Legend 2014 � Slurry Chip Revised May 8th, 2014 Collindale Cape ® Schools arklake Ct Strachan �e0� 8 o m-1 Dr Laµes� m - s 0 u Ci (9t IOC a *botoJ9j _—Ocj_/ o Oxford Ln 05 \ ° o — Ti a O P o \\ s w o o m` g OteoOe 1 x Centeno., Jr o ka �o W IyySt / Manna Ln E Swallow Rd Stmtborough Ln Centennial Rd j E Swallow V —Lake o / —\,�—� SSeil P Or Rd m Cobblestone Ct / I Brenttord lS m m Sluny Spnngwood Or Camrose St \ �Si o 2 o 5tu Td'/C mSubur, CCorr><wood Ct Grovef N SIIEPARDSON ELEMENTARY gol�Dr Leawood St Waterford Ln l yO d a d'po Green Gables Ct o Collindale Or 5\Gresler Ln Mansfield Dr Calabasas Ct \/ Quail Hollow Or Ox o a Gae� -c/ Tucka y ocOt Preston Till \� xonpae q Oakmont Ct / CI Y k, KINDERCARE / AIed115`! Bent Tree Cl (EARNING ` CENTERS Faraday Cir E Horsetooth Rd 0 u O City of Fort Collins w+S • Streets Coventry STREET MAINTENANCE PROGRAM (SMP) Surface Treatment Areas Map 12 of 27 Legend 2014 � Slurry Chit/ Revised May 8th, 2014 Cape ® Schools City of W + r STREET MAINTENANCE PROGRAM (SMP) Fort Collins s Surface Treatment Areas streets Map 13 of 270 Legend 2014 � Slurty Chip Revised May 8th, 2014 Fairbrooke ;Cape ® Schools g W Lake St 0 00 WLake St 00 0 io QU 1O 0 Y m 0 D L � Evergreen Dr eNp\ov Sod` -- Charleston Way p d- U N rn o v n �P O i i O\ Indian Peaks PI W Prospect Rd Slartv Cedarv+ood Dr yoomo or t\o\Gn9 i/ U tvbrthb koor or goo " a Ryeland Ct o O O iga � , Roinne; 04 i Dorset Ct 1 W Stuart St City of " Fort Collins w+S • Streets Golden Meadows STREET MAINTENANCE PROGRAM (SMP) Surface Treatment Areas Map 14 of 27 Legend 2014 � Sluny Cnip Revised May 8th, 2014 � Cape ® Schools City of w N E STREET MAINTENANCE PROGRAM (SMP) Fort Collins Surface Treatment Areas ~�— streets Map 15 of 27+ Legend 2014 � Shirty Chip Revised May 8th, 2014 Irish —Cape ® Schools Sunrise Ct Slurry G. m E eeeal PAYMENT BOND Bond No. 58715511 • KNOW ALL BY THESE PRESENTS: that (Firm) A-1 Chipseal Compan (Address) 2001 West 64th Lane, Denver, CO 80221 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as "the Principal," and (Firm) Western Surety Company (Address) 10375 Park Meadows Dr., Littleton CO 80124 hereinatler referred to as "the Surety," are held and firmly bound unto the City of Fort Collins, 300 West LaPorte Avenue, Post Office Box 580, Fort Collins, Colorado 80522, a Municipal Corporation, hereinafter referred to as "the Owner" in the penal sum of $1,029, 556.05 One Million Twenty Nine Thousand Five Hundred Fifty Six Dollars and 05/100 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 Contract Agreement with the Owner, dated the 30 +'( Idayof May 20 / , a copy of which is hereto attached and stake a part hereof for the performance of City of Fort Collins Project Asphalt Surface Treatment Project Renewal for BID NO. 7417 NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors and corporations famishing aterials for or performing labor in the prosecution of the work provided for in such Contract 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 Construction 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 Construction 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 clans may be unsatisfied. 11 Page 1 of 2 City of " Flirt CottinS w+u • Streets Landings West 3 Backman Dr E Horsetooth Rd STREET MAINTENANCE PROGRAM (SMP) Surface Treatment Areas Map 16 of 27 ly oa 4 Lee' a M Ct Cape v n N � U O Bowline Cl m Cape a c w J GaQ° a rs? Legend 2014 Slurty :Chip Revised May 8th, 2014 cape ® Schools an Mansfield a 0 Dr m y N .moo, N -- _ Spin Dnl1 Cf OA v°1' me � City of A STREET MAINTENANCE PROGRAM (SMP) Fort Collins w E Surface Treatment Areas ~�- streets Map 17 of 2� Ifl 2014 Revised May 8th, 2014 Miramont Sandreed p U Ct S, w S/ Live Oak Ct m 0e: �. Red Oak Ct Sawtooth Oak Ct say s/c2 m i A SCi ¢ °0- White Oak Ct 0 �d9os//o Spanish Oak Cl _ Passwa GesJeQ\ Boardwalk Dr Keenland Or T Y �dq TNinberry r Keenland n O m `94 �s P Belvedere Ct ° Mir Slum, o -r WERNER r°rr a° ELEMENTARY a4±Or U N Q a� Slurry z 0 m Leaf Ct mU` ya"pa Y Dr M l o m s/ Pinnacle PI Selon St Slurry Slurry S i 47 B �N oSi 6�O/ C} Slurry T� oa, S C, ti9 v rn �H a° Doral PI o -Fq Aga/ U Deercrott Ct City of " Fort Collins w+ • Streets Prospect Estates STREET MAINTENANCE PROGRAM (SMP) Surface Treatment Areas Map 18 of 27 Legend 2014 � Slurry Chip Revised May 8th, 2014 � Cape ® SCM1OOS City of N STREET MAINTENANCE PROGRAM (SMP) Fort Collins W+ Surface Treatment Areas streets Map 19 of 2� Legend 2014 � Slurry Chip Revised May Sth, 2014 Provincetowne East 1 _Cape ® Schools jBattsford Cir / Cape roa�W ay eO/ ° 0 U R� Benson Ln Cape n j U ago �I Imo > a Stanton C'Yi m Creek Dr Deerhurst Cir Sv°� � °'�'i � h Cape µurnlord Lo Slurry ZZ c v3 �\ Cape Aruba Dr Cape Somedy Ln Saint Croix Bisoyy In Sluny Nassau Way e d Nassau Way Province Rd province Rd m `m m m c 0 ➢_$ 0 S J City of w N F STREET MAINTENANCE PROGRAM (SMP) 6rt Collins Surface Treatment Areas • Streets Map 20 of 27 Ifl 2014 Revised May 8th, 2014 Rogers Park 0 i o o Corvid Way m r o U w Homer Dr UI Raven View Rd \ \\ U O G U Z Orchard PI — !A9 Broadview PI _ POI ARIS Slurry \ \ a` 0 Sim y E E `m cD W Plum St Sluny Slurry Mcallis[er Ct � c Slurry = m W Elizabeth St 8 i 6j a � s E 12 U S �0 p \ o w ` s q, Clearmew Cl L\L— \' Applewood Rd Cteary\e,N We City of STREET MAINTENANCE PROGRAM (SMP)' Fort Collins w Surface Treatment Areas streets Map 21 of 2� Legend 2014 � slurry Chip Revised May elh, 2014 Southmoor east —Cape ® Schools J Pews PI O N pop 5 G` coR ¢y / V Slurry. \ w m ¢ s � � a x a Regatta Ln N Slurry 2 9. yea. °a z 2 ul 3 Sonore r St Lake y Sherwood Dr Slurryy N V Connecllcut �`_ 0rando�d�i ' Centennial Rd N g H Deny en�al i fro Q 0 6 > mU n n (7 City of " Fort Collins W+` Streets Spring Meadows STREET MAINTENANCE PROGRAM (SMP) Surface Treatment Areas Map 22 of 27 Legend 2014 � Slurry Chip Revised May 81h, 2014 � Capa ® Schools City of Ny STREET MAINTENANCE PROGRAM (SMP) Fort Collins W V p Surface Treatment Areas ��- streets Map 23 of 270 Ifl 2014 Revised May 8th, 2014 Troutman W Troutman Pkwy cape W Troutman Pkwy cape E Troutman Pkwy W Troutman Pkwy (n j c o m m at g � 0 01 U h City of W t Fort Collins' • Streets Walden Way area 1 STREET MAINTENANCE PROGRAM (SMP) Surface Treatment Areas Map 24 of 27 Legend 2014 si��ry Cnip Revised May 8th, 2014 Cape ® Schools F�ort of 1, Streets Whalers Way JA�n� WQrpF: STREET MAINTENANCE PROGRAM (SMP) 'FY/ Surface Treatment Areas Map 25 of 270 Legend 2014 �swny Chip Revised May 8th, 2014 cave ® Schools h � ne / /— —�_S�^dY Cove \ Ln S \ Whalers Way m V4M m awcs E' o` 63 q 3 Maxwell Ct m Slurry N v n° U N Slurry Slurt1 E Harmony Rd IN WITNESS WHEREOF. this instrument is executed in three counterparts, each one of which shall be deemed an original, this .3Ottl dayof _./had ,20/c ( r� •PRESENC$O , (CORPORATE SEAL) IN P CE IF: IN PRESENCE OF: • zitm' .t,. --"q �WIVO � (SURETY SEAL)AV, NOTE: IMPORTANT: • Principal A-1 ChioseaLComoan By: L / Daniel J. Gryzmala President (title) 2001 West 64th Lane, Denver, CO 80221 (AddrM) Other Partners By: By: By: Surety Western Surety)Company Karen A. Feggestad 10375 Park Meadows Dr. (Addmn) Littleton, CO 80124 Date of Bond must not be prior to date of Contract Agreement. If Contractor is Partnership, all partners should execute Bond. Surety Company smut be authorized to transact business in the State of Colorado and be acceptable to the Owner. MEMBER MOODY INSURANCE AGENCY, INC. ® 8055 East 7bfts Avenue, Suite 1000 DENVER, COLORADO 80237 xA:ny „,S� R—,n PHONE: (303) 824-6600 Page 2 of 2 City of " Fort Collins W+E • Streets Wooded Creek STREET MAINTENANCE PROGRAM (SMP) Surface Treatment Areas Map 26 of 27 Legend �} 2014 �Sluay Chit/ Revised May 8th, 2014 � Cape ® Schools City of h STREET MAINTENANCE PROGRAM (SMP) F ort Collins w Surface Treatment Areas ` Streets Map 27 of 27. Legend 2014 � Slurry Chip Revised May 8th, 20U Ziegler 3 Cape ® Schools 0 Twin Wash Sq m 3 KINARD GOFE rr KNOWLEDGE _ MIDDLE SCHOOL n LL ET Lady Moon Dr Lady Moon Dr b,\by tid E Tnlby Rd ol Kingfisher Ct oo U Twin Heron Ct IY N c C Rookery Rd rV Sagewater Ct a U a m U Rock Park Dr artColhns • Streets G at-tf Aspen N W+C S STREET MAINTENANCE PROGRAM (SMP) General Coordination Map Legend SLWI a tma"m ® Sehmb RIP 0"day ReconsWa Conn Pvmt Re Map 9 of 60 2014 Revised January 30.2014 F„ 6r of ollins streets B�� y Slwrry 7�Of Coventry STREET MAINTENANCE PROGRAM (SMP) General Coordination Map Map 17of5840 2014 UV � Revised January 17. 2014 va3 N Legend — Surface treatment i'1i Schools W E — HIP: Overlay Q City Limits n Reco nstruct,, 11 n U • U Ll Fort Collins STREET MAINTENANCE PROGRAM (SMP) Mark and Measure Concrete Map Page 8 of 34 These maps show remaining project areas 2014 that require mark and measure for concrete repairs. Note that some 2015 street projects are shown if they are adjacent to 2014 projects; the concrete should be marked on these as well. Updated 25 October 2013 W�F Brittany Knolls s L`L A, wAt Au.- so'da«A IIIr 71433=G11 w..mwma - teo ro City of Fort Collins Streets STREET MAINTENANCE PROGRAM (SMP) General Coordination Map Map 52 of 58 0/'c, t v N cwP UU Q S 1.wrry wE Walden Way, area 1 N� 3 (,SS 2014 Revised January 17, 2014 Legend S' ace treatment % SC110DIS HIP; Overlay ZS Crty Limits aaaa� Reconstruct Concrete Pvml Reran Fort ColStreetslins • N W�G S �wff� s Collindale STREET MAINTENANCE PROGRAM (SMP) General Coordination Map Legend — Surface treatment ® Schools HIP Ovaday Reconstruct 40000b Concrete Pvmt Recon Map 15 of 60 2014 Revised January 30, 2014 /"�F�ort Collins Streets S 1 -*, cy Southmoor east STREET MAINTENANCE PROGRAM (SMP) General Coordination Map • N W+E s Legend Surma tmbnenl , HIP o enay eaaa� Recoroeuct o� Conaete Pvml Rear Map 45 of 60 2014 Revised January 30, 2014 Peru PI' so` d U� o Slurry 0 0 ll t7 2 gmg n A _aft L 4 ,4F RegattaLn�' N—c3 Slurry ,� toy �• • ' = 3010 &,.a = 1 L. F_ to ° = t �b y �2 N Sonc SI sign Slurry Lake Stl oo i or s {iron � CuuecOa or canto ro RC m Can°Pd 4 5 P o Q E Frt Collins • Streets N W�E Sly rry SS Boltz area 1 STREET MAINTENANCE PROGRAM (SMP) General Coordination Map Legend — swface tm m m ® Some —RIP �Oveday Rec nstwd Ca rete Pvml Remn Map 11 of 60 2014 Revised January 30.2014 1OI Sfteb STREET MAINTENANCE PROGRAM (SMP) Mark and Measure Concrete Map Page 6 of 34 These maps show remaining project areas 2014 that require mark and measure for concrete repairs. Note that some 2015 street projects are shown if they are adjacent to 2014 projects; the concrete should be marked on these as well. Updated 25 October 2013 w e c e 12th St S qA eegenai �Al aurfaa 2014 SA1 sur(a��2a15 g'FSd�aols °- Cutler HIP 2014 >CuOer HIP,'2015�QCRy lJmks —oveiiay.p14 �10veday�2015, Recont 2014 �.trvp • U Western Surety Company • • • POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Karen A. Feggestad , Individually of Denver, CO its true and lawful Attomey(s}in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - SuretyBond No.: 58715511 Principal: A-1 Chipseal Company Obligee: City of Fort Collins and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this I Oth day of August, 2012. iwFrre WESTERN SURETY COMPANY '"- aul T. Bruflat, Vice President State of South Dakota 1 County of Minnehaha I is On this loth day of August, 2012, before me personally came Paul T. Bruflat, to me known, who, being by me duty swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires f �"^""'•J. MOH"""'^""` J. MOR June 23, 2015 NOTAr1Y PUBLIC L BOUTX DAKOTA s J. Mohr, Notary Public CERTIFICATE 1, 1.. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney heremabove set forth is still in force, and further certify that the By-law of the corporation printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporation this 3 0 ril day of M C. N O WESTERN SURETY COMPANY L. Nelson, Assistant Secretary Forth F4280-7-2012 FfEothnsStreets • N W + C SL6v cy s Fairbrdoke STREET MAINTENANCE PROGRAM (SMP) General Coordination Map Legend Surface twbnent ®Schools HIP �Oveday Reconstruct Concrete Pvn t Recon Map 20 of 60 2014 Revised January 30. 2014 �of t Collins Streets R glersYPark STREET MAINTENANCE PROGRAM (SMP) General Coordination Map N W+G S Legend — Surface lreatmem ® Schwis — HIP — Oveday er a Rec stwd Cmwete Pvmt Ream Map 36 of 60 2014 Revised January 30. 2014 e � 1 g Cor id Way e U y 0 f m Raven Yaw Rd t G qz.F-; sX. 74S z -'/z = tV s't'• 3or' AA�D = 9 t F. Orchard w '` �fj i i�kO \ 2 y l Y' rj Ue,. 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' r 2SO L.F c�'4a s Foo L.-F.' zt'Sv lea t�=�S6 S,le ' • Capo Fp o _ • - - - ...SPA - SECTION 04000 . EROSION CONTROL AND INLET PROTECTION INDEX OF EVIRONMENTAL 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 2 Vehicle Fueling 1 to 3 Outdoor Fleet Maintenance 1 of 4 Heavy Equipment and Vehicle Maintenance 1 of 4 11 __ New Construction Activities for For More ref I Information Name Municipalities � Address City, State Description Phone This fact sheet covers new construction activities disturbing less e-mail than one acre not subject to a CDPS Construction permit. New construction includes, but is not limited to buildings, structures, Possible Pollutants capital improvements, roadways, and recreational components Sediment such as trails, restrooms, and other structures. Procedures Chemicals provided are general in nature and can be applied to any scale Organics or type of municipal construction. Trash When services are contracted, this written procedure should be Good Housekeeping provided to the contractor so they have the proper operational Waste Management procedures. In addition, the contract should specify that the 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 Related Procedures Obtain all applicable federal, state, and local permits for Heavy Equipment and Vehicle construction projects. Maintenance • The Colorado Stormwater Construction General Parks and Open Space permit applies to construction sites disturbing one Maintenance acre or more, or less than one acre but part of a larger Spill Prevention and Response common plan of development. Street, Curb, and Gutter Replacement and A larger common plan of development is defined as Construction a contiguous area where multiple separate and Utilities and Storm Sewer distinct construction activities may be taking place at System Replacement and different times on different schedules under one Construction plan. Vehicle Fueling • A dewatering permit may be required if construction activities require the removal and discharge of groundwater offsite. • A U.S. Army Corp of Engineers (USACE) Section 404 Permit may be needed if the work will be conducted in or impact waters of the United States, including wetlands, washes, drainages, ditches, creeks, streams, and rivers. Applicable sediment and erosion controls may be installed, such as inlet protection, silt fence, sediment traps, erosion control logs, check dams, and vehicle tracking control. Sediment and erosion controls will be Page 1 of 2 0 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. MRecords 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. 40 Page 2 of 2 For More Information Name Address City, State Phone e-mail Possible Pollutants Fine-grained sediment Organics Oil Saw -cut slurry Trash Good Housekeeping Dumpster/Waste Management Employee/Contractor Training Proper cleanup and disposal procedures Dry cleaning methods Related Procedures Spill Prevention and Response Street Sweeping Street Sweeper Cleaning and Waste Street, Curb and Gutter Maintenance Street, Curb, and Gutter Replacement and Construction Description Procedures involving the replacement and construction of streets, curbs, and gutters have the potential to impact stormwater quality. Materials involved in these activities should be used efficiently and disposed of properly. When services are contracted, this written procedure should be provided to the contractor so they have the proper operational procedures. h1 addition, the contract should specify that the contractor is responsible for abiding by all applicable municipal, state, and federal codes, laws, and regulations. Procedures General Obtain all applicable federal, state, and local permits for construction projects. • The Colorado Stormwater Construction General permit applies to construction sites disturbing one acre or more, or less than one acre but part of a larger common plan of development. • 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. 0 Paget U 3 • CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 ' 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release (Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -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 - O0960-4 SPECIFICATIONS 11 u 0 Authorizing By -Law • ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attomey is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. • • 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 Spill Prevention and Response procedure should a spill occur. Employee Training • Train applicable employees who perform street, curb, and gutter construction on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform street, curb, and gutter construction. • Records The following records could be used to document activities performed: Records of employee training with sign -in sheet. References City of Centennial, Department of Public Works: Asphalt and Concrete Progrant, 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. • • 0 Street, Curb, and Gutter For More Information �- Name Maintenance Address fI City, State Description Phone Street, curb, and gutter activities include concrete and e-mail asphalt installation, maintenance, repair, and replacement; bridge maintenance; and painting and Possible Pollutants striping. Procedures involving the maintenance of Fine-grained sediment streets, curbs, and gutters have the potential to impact Organics stormwater quality. Materials involved in these Oil activities should be used efficiently and disposed of Saw -cut slurry properly. Trash When services are contracted, this written procedure Good Housekeeping should be provided to the contractor so they have the Dumpster/Waste Management proper operational procedures. In addition, the Employee/Contractor Training contract should specify that the contractor is Proper cleanup and disposal responsible for abiding by all applicable municipal, procedures state, and federal codes, laws, and regulations. Dry cleaning methods Procedures Related Procedures General Spill Prevention and Response • Protect storm drain inlets and drains with curb Street Sweeping socks, rock berms, inlet protection, or drain Street Sweeper Cleaning and covers/mats prior to any maintenance activity. Waste • When saw cutting ensure that no slurry enters the storm drain, let the slurry dry, sweep it up, and properly dispose of the sweepings. • Do not perform concrete or asphalt patch work during wet conditions whenever possible. • Leaking material containers should be properly discarded and replaced. • Store materials in containers under cover when not in use and away from any storm drain inlet. • Monitor equipment for leaks and use drip pans as necessary. • Sweep or vacuum the roadway once maintenance activities are complete. s Bridge Maintenance . Do not transfer or load any materials directly over waterways. . Secure lids and caps on all containers when on bridges. . Suspend drop cloths or nets below any bridgework where wastes, scraps, or drips might be spilled into a waterway. Concrete Maintenance Minimize the drift of chemical cure on windy days by using the curing compound sparingly and applying it close to the concrete surface. Ensure there is a concrete truck washout area available or require the contractor to wash out at the batch plant. Whenever possible, recycle concrete rubble; otherwise, dispose of it as solid waste. Asphalt Maintenance Sweep to minimize sand and gravel from new asphalt from getting into storm drains, streets, and creeks. . Do not allow asphaltic concrete grindings, pieces, or chunks used in embankments or shoulder backing to enter any storm drain or watercourses. Apply temporary perimeter controls. Install silt fence until the structure is stabilized or permanent controls are in place. • . Whenever possible, recycle broken asphalt. If impossible, dispose of as solid waste. Drainage inlet structures shall be covered with inlet protection during application of seal coat, tack coat, slurry seal, and/or fog seal. Painting and Striping . If possible, schedule painting and striping projects during dry weather. . Use thermoplastic or epoxy markings in place of paint whenever feasible. The pre -heater for thermoplastic striping and the melting tanks used during pavement marking must be filled carefully to prevent splashing or spilling of materials. Leave 6 inches at the top of pre -heater and the melting tanks to allow room for material to move and splash when vehicles are deadheaded. Employee Training • Train applicable employees who perform street, curb, and gutter maintenance on this written procedure. Information regarding how to avoid and report spills will be presented during the training. Periodically conduct refresher training on the SOP for applicable employees who perform street, curb, and gutter maintenance. Records The following records could be used to document activities performed: • i • Records of employee training with sign -in sheet. References City of Centennial, Department of Public Works: Asphalt and Concrete Program, No Date. City of Centennial, Department of Public Works: Asphalt Program, No Date. PACE, Stonnwater Best Management Practices: Street Maintenance, No Date. Optional Additional Resources Concrete truck washout BMP specifications. Gravel road maintenance procedures. • Spill Prevention and For More Information Name Response Address City, State Description Phone Due to the type of work and the materials involved, many e-mail activities that occur either at a municipal facility or as part of municipal operations have the potential for accidental Possible Pollutants spills. Some municipal facilities operate under Spill Chemicals Prevention Control and Countermeasures (SPCC) plans Toxics that include procedures for spill response. Proper spill Oil response planning and preparation enables employees and Paint contractors to effectively respond to problems and Fuel minimize the discharge of pollutants to the storm sewer Good Housekeeping system. Waste Management When services are contracted, this written procedure should be provided to the contractor so they have the Employee/Contractor Training proper operational procedures. In addition, the contract Proper cleanup and disposal should specify that the contractor is responsible for procedures abiding by all applicable municipal, state, and federal Related Procedures codes, laws, and regulations. Fertilizer, Pesticide, and Herbicide Application Procedures Heavy Equipment and Vehicle Spill Prevention Maintenance . Keep work areas neat and well organized. Material Storage Maintain a Material Safety Data Sheet (MSDS) for Materials Management each hazardous chemical. Follow the Outdoor Outdoor Vehicle Maintenance Material Storage procedures. Vehicle Fueling Provide tight fitting lids for all containers. Keep containers clearly labeled. Labels should provide name and type of substance, stock number, expiration date, health hazards, handling suggestions, and first aid information. Store containers, drums, and bags away from direct traffic routes to prevent accidental spills. Inspect storage containers regularly for signs of leaking or deterioration. Replace or repair leaking storage containers. Use care to avoid spills when transferring materials from one container to another. Page 1 of 4 • Use powered equipment or get assistance when moving materials to and from a storage area. Use care to prevent puncturing containers with the equipment. Do not wash down or hose down any outdoor work areas or trash/waste container storage areas except where wash water is captured and discharged into the sanitary sewer (if approved). • Conduct periodic inspections to ensure that materials and equipment are being handled, disposed/recycled, and stored correctly. • Provide adequate spill kits or lockers with sufficient equipment and supplies necessary for each work area where the potential for spills or leaks exists. • Inspect each spill kit or locker regularly and after each spill response. Replace any spent supplies or repair any equipment that is worn or not suitable for service. • Stock adequate personal protective equipment. Spill Response Safety Consider safety at all times. Anticipate and avoid all likely hazards. Never approach, contact, or sample an unknown substance. If a highly toxic or flammable substance is discovered, staff should leave the immediate area and contact the appropriate identified response authority, such • as the fire department. If there is any question about a substance, contact the appropriate identified response authority or other designated representative. Procedures • Stop the leading edge of the spill. Block or divert the spill to avoid discharge to the storm sewer system and to minimize the area requiring cleanup. Determine the source of the spill and stop the spill at its source by closing a valve, plugging a leak, or setting a container upright. Transfer material from a damaged container. Identify the material and volume spilled. Contact the appropriate identified response authority or other designated representative if you cannot identify the material and its properties. • Refer to the MSDS to determine appropriate personal protective equipment, such as gloves and safety glasses and appropriate cleanup methods. Clean up spills immediately to prevent spreading of wastes by wind, rain, and vehicle traffic and potential safety hazards. • Use sand absorbents or socks, pillows, or pads to quickly capture spilled liquid and properly dispose of all clean-up materials. Use dry clean-up methods only. • Complete all necessary reports. 0 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 htto•//www cdphe state co us/op/wgcc/Resources/Guidance/spillguidance pdf and htU2://www.cdphe.state.co.us/hm/sl2illsandreleases.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. Page 3 of 4 • Mesa County, Municipal Operation and Maintenance Program, July 4, 2005. USEPA Menu of BMP: Spill Response and Prevention, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed July 5, 2009. • 0 For More Information Utility and Storm Sewer Name System Maintenance Address 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 maintenance and on an emergency basis. Without Employee/Contractor Training proper maintenance, sanitary sewer back-ups and Proper Cleanup and Disposal overflows may occur and can result in potential property Procedures damage and significant health concerns if not properly Related Procedures managed. Heavy Equipment and Vehicle Water conveyance systems are flushed and pressure Maintenance tested as part of routine maintenance. Potable water Parks and Open Space Maintenance systems must be properly maintained to ensure delivery of water that meets State and Federal health standards. Spill Prevention and Response Failures result in water main breaks that can cause Street, Curb, and Gutter property damage including erosion. Replacement and Construction The storm sewer system is cleaned as part of routine Utilities and Storm Sewer maintenance and on an emergency basis in the event of System Replacement and flooding. Maintenance will remove pollutants and Construction ensure the system functions properly to avoid flooding. Vehicle Fueling Flooding, pending, and uncontrolled sheet flow can result in property damage and increased soil erosion. When services are contracted, this written procedure should be provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the contractor is responsible for abiding by all applicable municipal, state, and federal codes, laws, and regulations. • Page 1 of 4 0 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 1 0 0 Procedures General • Conduct routine inspection and maintenance on utility and storm sewer systems. • Where feasible, schedule maintenance activities during dry weather. • Monitor the jet/vacuum truck closely for leaks and use a drip pan as needed. • Wash and fuel the jet/vacuum truck per the Heavy Equipment/ Vehicle Maintenance procedure. • Properly dispose of vac truck contents. • Stay alert for any signs of illicit discharges. This includes "dry weather' flows or pipes or hoses emptying directly into waterways or the storm sewer system. • Report any suspicious discharges or dumping to your supervisor. Electrical and Gas Utility Maintenance To prevent sediment, mud and particles generated by power utility maintenance from entering the stormwater system implement inlet protection, perimeter control, street sweeping, vehicle tracking control, stockpile management and material management BMPs. Restore landscaped or hardscaped areas promptly. Potable Water Line Flushing • Remove any debris from the gutter that could wash away with the water. If possible, sweep the flow line before flushing the line. Direct the water so that it is not flowing over exposed soil areas in order to minimize erosion. Water Line Breaks • Contain spoils by building berms or installing rock socks around the area of disturbance. • Dewater the excavation by using a vac truck. • Discharge high chlorine water to the sanitary sewer via the nearest manhole, to a water truck, through a dechlorinating diffuser, or other method of dechlorination. • Remove sediment from the street, curb, gutter and storm inlets as needed immediately following the repair. • Where needed, install a temporary patch or repave as soon as practicable following the repair. • If necessary, revegetate areas as soon as practicable following the repair. Sanitary Sewer Backup • Clear line stoppage to prevent backup into house basements and manhole overflows. • Page 2 of 4 Contain overflows by using emergency generator, pump and/or a vac truck to intercept flows. It may be necessary to construct additional containment. Clean up spills by washing and vacuuming the affected areas. Lime may need to be applied for disinfection of affected areas. Lime must be removed once disinfection is complete. Storm Sewer System Pipes, Catch Basins, Inlet and Outlet Structures, and Culverts Clean storm sewer system by manual cleaning or jetting the pipes using a jet/vacuum truck to remove the material. Do not temporarily store collected storm system cleaning debris adjacent to any surface water, storm drain inlet, or drainageway. Storm sewer system maintenance wastes may be either non -hazardous or hazardous. Solid non -hazardous waste may be disposed in a sanitary landfill or recycled. Liquid non -hazardous waste must be evaporated before disposing of it into the landfill or discharged to the sanitary sewer system with the approval of the local wastewater treatment plant. Hazardous waste, as defined under Colorado Hazardous Waste Regulations (6 CCR 1007-3), must be transported and disposed of at a permitted disposal or treatment facility. Replace or maintain "no dumping' stencils or plaques as necessary. Remove trash from trash racks and grated openings. Detention and Retention Ponds • Inspect the outlet works and remove trash or vegetation from the trash racks and grates. • Inspect side slopes of the pond for erosion and reestablish vegetation as needed. . Remove and service fountains and aerator motors as recommended. • Report any suspected water quality problems such as a change in growth or appearance of vegetation. • Report excessive sediment accumulation, standing water beyond the designed drain down time or damage requiring additional maintenance. Drainageways Drainageways include drainage channels, ditches, grass swales, and washes. • Inspect drainageways for erosion and repair if necessary. • Remove and properly dispose of trash and debris from the drainageways. Remove sediment which could impede flow in drainageways. • Leave an unmown buffer when mowing adjacent to drainageways to filter pollutants. Do not leave grass clippings in or next to the drainageway. Do not apply landscape chemicals in the buffer area. Page 3 of 4 0 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 tine SOP for applicable employees who perform utility and storm sewer system activities. Records The following records could be used to document activities performed: Records of employee training with sign -in sheet. References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Detention Pond Maintenance SOP, August 2007. City of Centennial SOP: Inlet, Pipe, and Vault Cleaning and Disposal SOP, August 2007. City of Centennial SOP: Drainageway Maintenance SOP, August 2007. City of Golden 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 utility or storm sewer system maintenance. Inspection and maintenance frequency plan for the storm sewer system. Specific instructions on how to operate applicable equipment. Instructions on how to track the amount of debris collected. Treated Water Discharge Plans for potable water maintenance. 0 Page 4 of 4 r Utility and Storm Sewer For More Information Name System Replacement and Address Construction i City, 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 When services are contracted, this written procedure Organics should be provided to the contractor so they have the Trash proper operational procedures. ht addition, the contract Good Housekeeping should specify that the contractor is responsible for abiding by all applicable municipal, state, and federal Waste Management codes, laws, and regulations. Employee/Contractor Training Proper Cleanup and Disposal Procedures Procedures General Related Procedures • Obtain all applicable federal, state, and local Heavy Equipment and Vehicle permits for construction projects. Maintenance The Colorado Stormwater Construction Parks and Open Space Maintenance General permit applies to construction sites disturbing one acre or more, or less than one Spill Prevention and Response acre but part of a larger common plan of Street, Curb, and Gutter development. Replacement and Construction A larger common plan of development is Utilities and Storm Sewer defined as a contiguous area where multiple System Replacement and separate and distinct construction activities Construction may be taking place at different times on Vehicle Fueling different schedules under one plan. • A dewatering permit may be required if construction activities require the removal and discharge of groundwater offsite. • A U.S. Army Corp of Engineers (USAGE) Section 404 Permit may be needed if the work will be conducted in or impact waters of the United States, including wetlands, washes, drainages, ditches, creeks, streams, and rivers. Page 1 of 3 • 0 • Applicable sediment and erosion controls maybe installed, such as inlet protection, silt fence, sediment traps, sediment control logs, check dams and vehicle tracking control. Sediment and erosion controls will be installed and maintained in accordance with approved design criteria and / or industry standards. • When saw cutting, ensure that no slurry enters the storm drain. Let the slurry dry, sweep it up, and properly dispose of the sweepings or vacuum while saw cutting. • Where feasible, grading activities will be scheduled during dry weather. • Do not perform concrete or asphalt paving work during wet conditions whenever possible. • Monitor construction equipment for leaks and use drip pans as necessary. • Leaking material containers should be properly discarded and replaced. • Store materials in containers 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. 0 Page 2 of 3 Employee Training • Train applicable employees who perform utility replacement and construction activities on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform utility replacement and construction activities. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Detention Pond Maintenance SOP, August 2007. City of Centennial SOP: Inlet, Pipe, and Vault Cleaning and Disposal SOP, August 2007. City of Centennial SOP: Drainageuray Maintenance SOP, August 2007. City of Golden Storruwater Drainage Maintenance Plan, February 2008. City of Greeley, Department of Public Works: Storin Water Drainage Program, January 2008. City of Greeley, Department of Public Works: Ditch Program, No Date. City of Lafayette Standard Operating Procedure: Ditch Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Cleaning Storm Drain System, March 2009. City of Lafayette Standard Operating Procedure: Manhole Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Potable Line Flushing, March 2009. City of Lafayette Standard Operating Procedure: Sanitary sewer Backup, March 2009. City of Lafayette Standard Operating Procedure: Waterline Breaks, March 2009. Mesa County, Municipal Operations and Maintenance Program, July 2005. Partners for a Clean Environment, Storm Drain Maintenance, No date. Page 3 of 3 0 01 r City of Fort Collins Regulatory and Government Affairs Division City of FOft�5 YrCi venficahon r, 3Rp Ongnfator C Revised d, 4 'I bird I Approved Issue .Sf3r �Sc<% ' -hmi'ZL', Initials LR ss Date Oct 09 10/19/09 Environmental Standard Operating Procedure (ESOP) ESOP —Power Washing (Pressure Washing) wastewater Persons who will City staff who perform power washing, and their supervisor/manager. use this ESOP: A variety of City departments perform power washing. The employee Area of who power washes, and his/her supervisor/manager, will use the application: information in this SOP to guide their power washing, and supply purchasing, activities. Document I:\RGA Division\SOPs\ESOPs location: Revisions Rev. pate No. Description 001 002 Procedure Index 1.0 Purpose 2.0 Scope 3.0 Process 4.0 Training Requirements 5.0 References/Related Documents 6.0 Records Revision date: 10/19/2009 Page 1 of 3 City of Fort Collins Regulatory and Government Affairs Division Verification Originator Revised Approved Issued Initials LR Date Oct. 09 ss 10/19/09 Environmental Standard Operating Procedure (ESOP) ESOP —Power Washing (Pressure Washing) wastewater 1.0 Purpose 1.1 The purpose of this ESOP is to describe the appropriate methods of handling power washing wastewater. 2.0 Scope 2.1 The scope of this ESOP is limited to the description of the allowable methods of the disposal of power washing wastewater and the protection of the storm drainage system; the scope does not include specifics on how to power wash. 3.0 Process 3.1 Power washing wastewater must be prevented from running uncontrolled in the City's storm water system. The system includes streets, inlets, gutters, ponds, creeks, ditches, and the Poudre River. During the power washing activity, ensure the wastewater is controlled by the utilization of the natural slope of the land, or • barriers such as inlet covers. Use of barriers on an impermeable surface also requires that the wastewater be vacuumed, collected, and disposed of properly. 3.2 General pollution prevention procedures: A. Use dry methods for surface pre -cleaning, such as using absorbent on small oil spots and sweeping up trash, debris, dirt, and used absorbent before power washing. B. Minimize the amount of water used during power washing activities. C. Avoid using cleaning products that contain hazardous substances (e.g., hydrofluoric acid, muriatic acid, sodium hydroxide, bleach) that can turn wastewater into hazardous waste. 3.3 Prior to power washing, decide on one of the following methods of disposal: D. Landscape --power washing wastewater may be discharged to landscaped areas if the materials used and the material removed are not harmful to vegetation, there is no ponding, and there is no uncontrolled runoff to the stormwater system. E. Wastewater treatment system-- As long as the collected wastewater does not have an oil sheen, has a pH between 5 and 11, and does not contain any hazardous or toxic substances, the wastewater may be disposed of into the City's wastewater treatment system. x If you add anything to the wash water (ie—a cleaning agent) or if you have questions about the content of your power washing wastewater, Revision date: Page 2 of 3 10/19/2009 City of Fort Collins Regulatory and Government Affairs Division CCAAC" of verificat ;: `Onginat&' 4Revi d ' Approved' '. Issuetl,. Initials LR ss Date Oct. 09 10/19/09 Environmental Standard Operating Procedure (ESOP) ESOP —Power Washing (Pressure Washing) wastewater please contact the industrial pretreatment office at 221-6938. Disposal into the City's wastewater treatment system may be done either by discharging directly to an inside drain, or by pump truck at the Drake wastewater treatment facility. Disposing by pump truck requires a waste hauler's permit, and a 5 cent/gallon fee will be charged. For fee information, or to obtain a permit, contact the industrial pretreatment office at 221-6938. F. Truck the waste to a different waste disposal facility. 3.4 Once wastewater has been collected, visible solids remaining in the collection area must be swept up to prevent future discharges to the storm drain. 3.5 A sewer manhole cover may not be removed for disposal to the wastewater system. 3.6 If you are working in an area that is serviced by a neighboring wastewater district, • such as South Fort Collins Sanitation or Boxelder, it is necessary to contact that district's industrial pretreatment coordinator before discharging to their system. 4.0 Training Requirements 4.1 The training requirement associated with this procedure is knowledge of the proper management of power washing wastewater. 5.0 References / Related Documents 5.1 http://www.cdphe.state.co.us/wq/PermitsUnit/PolicyandGuidance/powerwash pdf 5.2 IARGA division\Illicit Discharge Program\Complaint Calls\pressure washing\City power washingguidance.pdf 6.0 Records 6.1 The following records could be used to document activities performed: • Records of employee training with sign -in sheet. • List of power washing activities and departments responsible for conducting power washing. • Revision date: 10/19/2009 Page 3 of 3 Por,More Information Name rt Address City, `.:City, State Phone e-mail Possible Pollutants Metals Hydrocarbons Toxins Good Housekeeping Drip pans Secondary containment Automatic shutoff nozzles Signs Spill response plans Spill cleanup materials Dry cleanup methods Employee training Related Procedures Heavy EquipmenWehicle Maintenance Outdoor Fleet Maintenance Spill Prevention and Response 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, cormections, 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. u Page 1 of 3 0 F- L A`� �® CERTIFICATE OF LIABILITY INSURANCE 6/12/2014 ) 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(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 endomement(s). PRODUCER Moody Insurance Agency, Inc. 8055 East Tufts Avenue Suite 1000 Denver CO 80237 CONTACT NAME: Nick Siakotos, ARM, CRIS IFAX Not,(303)370-0119 PHONE Ban. (303)824-6600 AIC E-MAIL ADDRESS: Y3.nsiakotos@mood ns. cold INSURERS AFFORDING COVERAGE NAIL0 INSURER q Phoenix Insurance Company 5623 INSURED A-1 Chipseal Company DBA: Rocky Mountain Pavement, LLC 2001 West 64th Ln Denver CO 80221 INSURER B:Travelers Prop Cas Cc of Amrca 25674 INSURER C:Pinnacol Assurance 41190 INSURER D: INSURER E: 1 INSURER F: COVERAGES CERTIFICATE NUMBER:13-14 All Lines w Forms REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL UBR POLICY NUMBER POLICY EFF MWDDNYYY) POLICY EXP (MWDDNYYY1 LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X DTC0019OP673PHX13 0/1/2013 0/l/2014 DAMA ET RENTED PREMISES aoeonna $ 300,000 MED EXP(Any one person) $ 10,000 PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 Additional Insured Endt GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG $ 2,000,000 when required by contract POLICY X PRO LOG CGD246 08/05 attached $ AUTOMOBILE LIABILITY COMBINEDSINGLE LIMIT 1,000,000 X BODILY INJURY (Per person) $ B ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X T8100190P673TIL13 10/1/2013 0/1/2014 BODILY INJURY(Peraccident) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE Perawdent $ X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 10,000,000 [N AGGREGATE $ 10,000,000 B EXCESS LIAB CLAIMS - MADE DID X RETENTIONS 10,00C $ I PTSMCUP019OP673TIL13 0/1/2013 0/1/2014 C WORKERS COMPENSATION gNDEMPL0YER5'LIABIDTY YIN ANY PROPRIETORIPARTNEWEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) NIA 4055760 0/1/2013 0/1/2014 XI wC STATU- OTH- FR E.L. EACH ACCIDENT S 500,000 E.L. DISEASE-EAEMPLOVE S 500,000 I( yes, desctlhe under DESCRIPTION OF OPERATIONS les. E L DISEASE -POLICY LIMIT E 500 000 DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more apace is required) Re: Asphalt Surface Treatment Project Renewal for BID NO. 7417 The City of Fort Collins is included as an Additional Insured with respect to General Liability as required by written contract, and Automobile Liability. City of Fort Collins 281 N College Ave 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 Threlkeld, CRIS/RRI �- ACORD 25 (2010/05) 1988-2010 ACORD CORPORATION. All rights reserved_ INSO25 onions, n, The Ar.nC?n nnma and Innn am ranictarad mor4c of ARnRn n L.J 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. 0 Page 2 of 3 Optional Additional Resources Municipal codes and ordinances that relate to vehicle fueling. Locations of approved offsite fueling stations. Locations of nearby spill kits. Spill Prevention Control and Countermeasures Plan. • Page 3 of 3 0 C� • C I For More l„fo mation �- Heavy Equipment and Vehicle Name Maintenance Address City, state Description Phone Regular maintenance of municipal vehicles and equipment, or e-mail municipality -contracted vehicles and equipment prolongs the life Possible Pollutants of the municipality's assets and prevents the leaking of hazardous fluids commonly associated with normal wear and tear of vehicles Metals and equipment. Toxins Potential pollutants generated at vehicle maintenance facilities Solvents (degreasers, paint thinners, etc.) T` include oil, antifreeze, brake fluid and cleaner, solvents, batteries and fuels. Antifreeze ' Brake Fluid and brake pad dust When services are contracted, this written procedure should be Battery acid provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the Motor oil contractor is responsible for abiding by all applicable municipal, Fuel (gasoline, diesel, kerosene) state, and federal codes, laws, and regulations. Lubricating grease Good Housekeeping Procedures Maintenance activities should be performed inside a maintenance Drip pans building unless the equipment is too large to fit inside or Tarps temporary repairs need to be made before the equipment can be Covered outdoor storage areas moved to the maintenance building. Consult the Outdoor Fleet Secondary containment Maintenance procedure when it is necessary to perform repairs Proper disposal of used Fluids outside of the facility (breakdowns, service calls, etc.). Spill cleanup materials Vehicle Storage Dry cleanup methods . Monitor vehicles and equipment closely for leaks and Employee training use drip pans as needed until repairs can be Related Procedures performed. Material Storage • When drip pans are used, check frequently to avoid Outdoor Fleet Maintenance overtopping and properly dispose of fluids. Spill Prevention and Response • Drain fluids from leaking or wrecked vehicles and Street Sweeper Cleaning and from motor parts as soon as possible. Dispose of fluids Waste properly. Vehicle Fueling Vehicle Washing Page 1 of 4 Vehicle Maintenance • Conduct routine inspections of heavy equipment and vehicles to proactively identify potential maintenance needs. • Perform routine preventive maintenance to ensure heavy equipment and vehicles are operating optimally. • Recycle or dispose of all wastes properly and promptly. • Do not dump any liquids or other materials outside, especially near or in storm drains or ditches. Sweep and pick up trash and debris as needed. Body Repair and Painting • Whenever possible, conduct all body repair and painting work indoors. • Use dry cleanup methods such as vacuuming or sweeping to clean up all metal filings, dust, and paint chips from grinding, shaving, and sanding, and dispose of the waste properly. Debris from wet sanding can be allowed to dry overnight on the shop floor, then swept or vacuumed. Never discharge these wastes to the storm or sanitary sewer system. • Minimize waste from paints and thinners by carefully calculating paint needs based on surface area and using the proper sprayer cup size. • Do not use water to control over -spray or dust in the paint booth unless this wastewater • is collected. This water should be treated and permission granted by the wastewater treatment plant prior to discharge into the sanitary sewer system. • Do not dispose of spray gun cleaner waste in the storm.drain. • Use sanding tools equipped with vacuum capability (if available) to pick up debris and dust. Material Management • Store maintenance materials and waste containers (e.g., used oil and antifreeze) in labeled containers under cover or in secondary containment (e.g., double -walled tanks). Chemicals should not be combined in containers. • All hazardous wastes must be labeled and stored according to hazardous waste regulations. • Carefully transfer fluids from collection devices to designated storage areas as soon as possible. Do not store the transferred fluids adjacent to the containers (for example, oil drip pans with used oil in them should not be placed next to the used oil tank). • Store new batteries securely to avoid breakage and acid spills. • Store used batteries indoors or in secondary containment to contain potential leaks. Recycle used batteries. • Conduct periodic inspections of storage areas to detect possible leaks. Page 2 of 4 0 0 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/ or taken to a commercial car wash. Employee Training • Train applicable employees who perform heavy equipment and vehicle maintenance on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform heavy equipment and vehicle maintenance. Records The following records could be used to document activities performed: • Record of any major spills and the action taken. • Records of employee training with sign -in sheet. • Heavy equipment and vehicle maintenance logs U 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 COMMERCIAL GENERAL LIABILITY • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY • BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section ll) is amended c) The insurance provided to the additional in- to Include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products -completed op - age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for "bodily injury", requiring insurance" specifically requires you "property damage" or "personal injury"; and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and • by this endorsement is limited as follows: collectible "other insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section III — Limits Of Insurance. for such loss, and we will not share with that b) The insurance provided to the additional in- "other insurance". But the insurance provided to sured does not apply to "bodily injury", "prop- the additional insured by this endorsement still is excess over any valid and collectible "other in- erty damage" or "personal injury" arising out surance", whether primary, excess, contingent or of the rendering of, or failure to render, any on any other basis, that is available to the addi- professional architectural, engineering or sur- tional insured when that person or organization is veying services, including: an additional insured under such "other insur- 1. The preparing, approving, or failing to ance". prepare or approve, maps, shop draw- 4. As a condition of coverage 9 provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured must give us written prove, drawings and specifications; and notice as soon as practicable of an "occur- ii. Supervisory, inspection, architectural or rence" or an offense which may result in a claim. To the extent passible, such notice engineering activities. should include: CG D2 46 08 06 ® 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 0 0 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit' is brought against the additional insured, the additional insured must: I. Immediately record the specifics of the claim or "suit' and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit' as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance* which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 ® 2005 The St. Paul Travelers Companies, Inc. CG D2"08 05 008880 LJ E SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 7417 Asphalt Surface Treatment Project— 2014 Renewal PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: A-1 Chipseal Co. CONTRACT DATE: May 30, 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 DA REMARKS: AUTHORIZED REPRESENTATIVE SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. • 0 SECTION 00635 • CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 7417 Asphalt Surface Treatment Proiect — 2014 Renewal PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: A-1 Chipseal Co. CONTRACT DATE: May 30, 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 REPRESENT. NJ The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS COLORADO By: OWNER DA REMARKS: AUTHORIZED REPRESENTATIVE 0 20 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: A-1 Chipseal Co. Gentlemen: You are hereby notified that on the day of , 20 , the City of Fort Collins, Colorado, has accepted the Work completed by A-1 Chipseal Co. for the City of Fort Collins project, 7417 Asphalt Surface Treatment Project — 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 May 30, 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: C, J SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins. Colorado . (OWNER) FROM: A-1 Chipseal Co. (CONTRACTOR) PROJECT: 7417 Asphalt Surface Treatment Proiect — 2014 Renewal The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. . 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees. incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. A /0 _r SECTION 00300 BID FORM Signed this day of ATTEST: 20_ CONTRACTOR: A-1 Chioseal Co. M Title: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this by • Witness my hand and official seal. Notary Public My Commission Expires: LJ day of 20_, SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: A-1 Chipseal Co. PROJECT: 7417 Asphalt Surface Treatment Proiect CONTRACT DATE: May 30, 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) In ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. • 0 0 • SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) Lei DO NOT waiTE uu Twe SRACE 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. - FR--No. (to be assigned by DOR) Periotl ,;;l,trati,rWZ/Acoourd o170-,750(999) $0.00all CONTRACNT,OR�INFORMATION Trade name/DBA: Owner, paMer, or corporate name: Mailing address (City, State, Zip): Contact Person E-Mail address: Federal Employer's Itlentit,cation Number: Bid amount for your contract: Fax Number: Business telephone number. Colorado withholding tax account number: Copies of contract or agreemant.pages (1)•identifyyyung the contracting parties E�XEMPTIQN INFORMATION and (2) containing srg"natures of contraeting;partias must be attached. �3 Exempt organization's number: Name of exempt organization (as shown on contract) 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: pringpal wntac['e telephone number: Physical location of project site (give actual address when applicable and Cities and/or County ties) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date: completion date: I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer. Date: �IiY��lis�fifl'.11 � a:1�i�i�i7:l [.9 i I � I 0 Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. • n U 0 • • SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS 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. 1910-8 (1990 Edition), as a base. Changes to that document are shown by underlining text that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) E1 • 0 0 0 0 Article or paragraph Number & Title DEFINITIONS TABLE Or CONTENTS OF GENERAL CONDITIONS Page Article or Paragraph Number Number & Title 11 Addenda J 1;2 Agreement ................ .......................... J 1.3 Application for Piyment, .................... :1 1-4 Asbestos : 3 1.5 Bid __- ................. ................ 1.6 Bidding Documents,. ............... _ ... j 1.7 Bidding Requirements .......................... 1.S' Bonds 1.9 Change Order...._ .................... 1.10 Contract Documents 1.11 Contract Price ............. .............. 1.12 Contract 1.13 CONTRACTOR 1.14 defective ....... .................... ....... 1,15 DTa%iings ....... __ .......... _ ........... .... 'J 1.16 Effective Date of the Agreement..,-...... I 1.17 ENGINEER 1.18 ENGINEERs Consultant..................... 1,19 Field Order L20 General Requirements ......................... 1.21 Ha7wdmv; Waste..................._............2 1.22.a Lam and Regulations; l.aars or Regulations...... _ ..............................2 2 1,22.b Legal Holidays ....................................2 1 ' 23 Liens 2 1:24 Milestone 05 Notice of Award 2 1.26 Notice to Proceed 2 1 ' 17 OWNER L28 Partial Utilization,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,2 1.29 PCBs 2 1.30 Petroleum 1.31 Project,.... .....................__..............:2. ... .............. ................ :�2 1.32.a Radioactive Material I 132.b Regular Working Hours --i ........ .. ..... 2 1.33 Resident Project Representative ........ _2 1 ' 34 Samples . 2 1.35 Shop Drawings.,,-., .................. ........... 2 1.36 Specifications .....................................2 1:37 Subcontractor,,,,,,,,,,,,,,,__.................,2 1,38 Substantial Completion,_ 2 1.39 .................... Supplementary Condit i 10TIA ................... 1,40 Supplier,,,,,,,,, 2 L41 .......... Underground Facilities,_ ............... _.1-3 1.42 Unit Price Work . ............... 3 L 43 Work 3 1,44 Work Change Directive ......................3 1.45 Written Amendment., ... ...................... Page Number 2. PRELIMINARY MATTERS ................... __ ....... w 3 11 Delivery of Bonds ............................. 3 2.2 Copies of Documents ........... a ........... Jl 2.3 Commencement of Contract Timm; Notice to Proceed_ ...... 3 14 Starting the Work... ... ..... ..... _J 2.5-2.7 Before Starting Construction: CONTRACTOR's Responsibility to Report; Preliminary SchccWcs; Delivery of Certificates of Insurance- ... ............................ 3-4 2.8 Prmonstructiun Conference.,,,,,,,;,,,,, ...... 2.9 Initially Acceptable Schedules_........ *f 3. CONTRACT DOCUMENTS: INTENT, AMRNDTNG, RFUSF...,.,--, ....................... 4 3.1-3,2 Intent .............. ...................... :4 3.3 Reference to Standards and Speci- riontions of Technical Societies, Reporting and Resolving Dis- crepancies ................................. 4-5 3.4 Intent of Certain Terms or Adjectives..................................... 5 3.5 Amending Contract Doctments-, ...... 5 16 Supplementing Contract Documents 5 3.7 Reuse of Docurn ents _5 4. AVAILABILITY OF LANDS, SUBSURFACE AND PHYSICAL CONDITIONS: REFERENCE POINTS .........................................5 4.1 Availability or Lands .................. 4.2 Subsurface and Physical Conditions 6 4.2.1 Reports and Drdivings ............... 4.12 Limited Reliance by CONTRAC- TOR Authorized; Technical Data 6 4.2.3 Notice of Differing Subsurface or Physical Conditions ............... - 5 4.2.4 FNGTNEERsReview 0 4.2.5 Possible Contract Documents Change ....... ......... . 6 4.2.6 Possible Price and Times Adjustments ......... ....... ...... ...... 0-7 4.3 Physical Conditions -Underground Facilities : ..................................... 7 4.11 Shown or Indicated 7 4.3.2 Not Shown or Indicated,,,,,,,,,,,,,,,,,,,? 4.4 Rcfercn= Points . ............................ .:7 EIC130 &- NLRAL CONUTIONS 1910-9 (1990 EDITION) W C3 Ty OF FORT COIIJNS MODMCA77ONS (REV 9199) Article or Paragraph Page Article or Paragraph Page • Number &Title Number Number &Title Number 45 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material . ...:............... 7-8 BONDS AND INSURANCE.................................8 5.1-5.2 Performance. Peym ent and Other Bonds........................................ I.....8 5.3 Licensed Sureties and Insurers; Certificates of Insurance, .,.............. ..8 5.4 CONTRACTOR's Liability Insurance ......................................... 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 Provision......... 10 5.9 CONTRACTORs Responsibility for Deductible Amounts,,,,,,,,,,,,,,,,,,, 10 5.10 Other Special Insurance,,,,,,,,,,,,,,,,,,,,, 10 5.11 Waiver of Rights................................11 5,12-5.13 Receipt and Application of Insurance Proceeds .....................10.11 5.14 Acceptance of Bonds and Insu- ance; Option to Replace,,,,,,,,,,,,,,,,,,, 11 5.15 Partial Utilization --Property Insurance ........................................ I 1 CONTRACTOR'S RESPONSIBILITIES ............... 11 61-6.2 Supervision and Superintendent@,...... 11 6.3-65 Labor, Materials and Equipment,,, 11-12 6.6 Progress Schedule..............................12 6.7 Substitutes and "Or -Equal" Items; CONTRACTOR's Expense; Substitute Construction Methods or Procedures; ENGINEER's F,valuation............. 12-13 6.MAI Concerning Subcontractors, 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 Rem ises................................ 15 6.17 Site Cleanliness ................................ 15 6.18 Safe Structural Loading.....................15 6.19 Record Documents .............................15 6.20 Safety and Protection. .................... 15-16 6.21 Safety Representative ......................... 16 6,22 Hazard Communication Prcgram;...... 16 6.23 Emergencies ............. ....................... 16 6,24 Shop Drawings and Sampler,,,,,,,,,,,,,, 16 6.25 Submittal Procecdures; CON- TRACTOR's Review Prior to Shop Drawing or Sample Submittal ....................................1 fi 6.26 Shop Drawing & Sam plc Submit- tals Review by ENGINEER,,,,., 16-17 627 Responsibility for Variations From Contract Documents_,,,,,,,,, 17 628 Related Work Performed Prior to ENGINF.ER's Review and Approval of Required Subm iltals................................... 17 629 Continuing the Work .....................)7 6.30 CONTRACTOR'S General Warranty and Guarantee .............. 17 6.31-6.33 Indemnification ........................ 17-18 6.34 Survival of Obligations,,,,;,,,,,,,,,,,,,, 18 7. OT11IM WORK ................................................. 18 7.1-7.3 Related Work at Site ,,,,,,,,,,,,,,,,,,,_.)8 7.4 Coordination ........................._....... 18 S. OWNER'S RESPONSIBILITIES.........................18 8.1 Communications to CON- TRACTOR ................................. I8 8.2 Replacement of ENGINEER, ........... IS 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 rd:rs.......... Change Orders, ......... 19 8.7 Inspections, Tests and Approvals ................................... 19 8.8 Stop or Suspend Work; Terminate CONTRACTOR's Services ...................................... 19 8.9 Limitations m OWNER'S Responsibilities., ... .................. _19 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material_,,,,,,,,,,,,,,,,,, 19 8.11 Evidence of Financel Arrangements..............................19 9. ENGINEER'S STATUS DURING CONSTRUCTION ............................................. 19 9.1 OWNF-R's Representative,...._._...... 19 9.2 Visits to Site .................................. 19 9.3 Project Representntive............... 19-21 9.4 Clarifications and Interpto- tations........................................ 21 9.5 Authorized Variations in Rork_... ... 1 EJCDC DENEI AL CONDMONS 1910.8 (1990 EDITIOM w/ CITY OF FORT COLLMS MODIFICATIONS (REV 9M) • 0 Article or paragraph page Article or Paragraph Page Number &Title Number Number &Title Number 9.6 Rejecting Defective Work,,,,,,,,,,,,,,,,,, 21 13.8-13.9 Uncovering Weak at ENGI- 9.7-9.9 Shop Drawings, Change Orders NEER's Request„...................27-28 and Payments ................................... 21 13.10 OWNER May Stop the Work......... 28 9.10 Determinatiats for Unit Prices,.._„ 21-22 13.11 Correction or Removal of 9.11-9.12 Decisions on Disputes; ENGI- Defective Work,,,,,,,,,,,,,,,,,,,,,,,,,, 28 NEER as Initial Interpreter..............22 13.12 Correction Period.......................... 28 9.13 Limitations on ENGINEER's 13.13. Acceptance ofDafecrive Work ... 28 Authority and Responsibilitiem..... 22-23 13.14 OWNER May Correct Defective Work .............................. __...28-29 CHANGES IN THE WORK..........._ ..................:....... 23 10.1 OWNER's Ordered Change,,,,,,,,,,,,,,,, 23 14. PAYMENTS TO CONTRACTOR AND 10.2 Claim for Adjustment ....................... 23 COMPLETION................................................. 29 10.3 Work Not Required by Contract 14.J Schedule of Values... ............... Documents ..................................... 23 14.2 Application for Progress 10.4 Change Orders....... _,....................... 23 Payment .......... ............ ._._. - 29 10.5 Notification of Surety,,,,,,_„_............. 23 14.3 CONTRACCOR's Warranty of Title...........................................29. CHANGE OF CONTRACI' PRICE_„-,,,,,,,„...............23 14 4-14.7 Review of Applications far 11.1-I L3 Contract Price; Claim for Progress Payments,,,,,,,,,,,,,,,,, 29-30 Adjustment; Value of 14.8-14.9 Substantial Completion ,,,,,,,,,,,,,,,,-3o the Work ..... ............._._.,,,_,,, 23-24 14.10 Partial Utilization ..................... 30-31 11.4 Cost of the Work ..........................24.25 14.11 Final Inspection,__ .......................... 31 11.5 Exclusions to Cost of the Work .......... 25 14.12 Final Application for Payment,,,,,,, 31 11.6 CONTRACTOR's Fee,,,,, ,, ,,,,,,,,,,,,,,,,, 25 14.13A4.14 Final Payment and Acceptance.,,,,, 31 11.7 Cost Records ................ ..... ........_25-26 14.15 Waiver of Claims 31-32 11.8 Cash Allowances 26 11.9 Unit Price Work_- ......... ...__........ ._26 15. SUSPENSION OF WORK AND TERMINATION,,,,,.__... 32 CHANGE OF CONTRACT TINES ............................ 26 15.1 OWNER May Suspend Work,,,,,,,,, 32 • 12.1 Claim for Adjustment ........................ 26 15.2-15.4 OWNER May Terminate 32 122 Time of the Essene..........................26 15.5 ...... __...... CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTOR's Work or Terminate,,,,,,,,,,,,,,,,, 32-33 Control.._ .................................. 26-27 .. 12A Delays Beyond OWNER's and 16. DISPUTE RESOLUTION.,,-,,,33 CONTRACTOR's Control27 17. MISCELLANEOUS ................ ......... TESTS AND INSPECTIONS: CORRECTION, 17.1. Giving Notice„ .............................. _33 33 REMOVAL OR ACCEPTANCE OF 17.2 Computation of Times..................... 3 DEFEC77VE WORK . ........................ ....„.,,,.„,,,,,.,,,_„27 17.3 Notice oC Claim ......... .... 33 13.1 Notice of Defects.............................„27 17.4 _.............. Cumulative Remedies......... I..........33 13.2 Access to the Work _,_„_......... ......_.27 17.5 professional Fees and Court 13.3 Tests and lnspcctions; Costs included 33 CONTRACTOR's Cooperation,,,,,,,,, 27 17.0 ............................ Applicable Stale Laws,,,,,,,_,,,,,, 33-34 13.4 OWNER's Responsibilities; Intentionally left blank................................:.....35 Independent Testing Laboratory ... ... 27 13.5 CONTRACTOR's EXHIBIT GC -A: (Optional) Responsibilities, ............................ 27 Dispute Resolution Agreement ...........GGAI 13.6-13.7 Covering Work Prior to Inspec- 16.1-16.6 ......... Arbitration .,,,,,,..,_. -...__._.___GC -Al tion, Testing or Approvat...............27 16.7 Mediation,,, ...... _...... ,.............. GC -AI EXMC GENERAL COM34TIONS 1910-9 (1990 EDITION) w/CITY OF FORT COLLINS MODIFICATIONS XV 9l99) 0 R-TDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the .Genera I Conditions of theConstructionContract are not shown in this index Article or Paragraph Number Acceptance of - Bonds and Insurance ........................................ 5.14 defective Work............................10.4.1. 13.5, 13.13 final payment, ............ ..:............ :............ 9AZ 14.15 insurance......................................................... 5.14 other Work. by CONTRACTOR ... ................ :..... .7.3 Substitutes and."Or-Equal' Items,,,,,,,,,,,,,,,,,,,,„6.7.1 Work by OWNER .............................. z.5, 6.30,.6.34 Access to the -- Lands, OWNER and CONTRACTOR responsibilities..............................................4.1 site, related Work ..................... _................. ....... 7.2 Work .......................................... 13.2. 13.14. 14.9 Acts or Omissions--, Acts and Can issions-- CONTRACf OR...................................6.9.1, 9.13.3 ENGINEER ........ _ _ .............................. 6.20, 9.13.3 OWNER................................................... Addenda --definition of (also see definition of Specifications) ........ (1.6, 1.10, 6,19). 1.1 Additional Property Insurance* ................................. 5.7 Adjustments - Contract Price or Contract Times ...........................1.5, 3.5, 4.1, 4.3.2, 4.5.2. ............................. 4.5-3.9.4.9.5. 10.2-10.4, ......................................... 11, 12, 14.8. 15A progress schedule ........ ................. :..__.-........., 6.6 Agreement -- definition of ...................................................... 1.2 'All -Risk" Insurance, policy Corm ...........................5. 6.2 Allowances. Cash ................................................... 11.8 Amending Contract DocumentS............................... 3.5 Amendment. Written -- in general„ .............. 1. 10, 1.45, 3.5, 5.10, 5.12, 6.6.2 .........................6.9.2, 6.19, 10.1, 10.4, 11.2 .................................... 12.1, 13.12.2. 14.7.2 Appeal, OWNER or CONTRACTOR intent to..........................9. 10. 9.11. 10.4, 16.2. 16.5 Application for Payment -- definition of......................................................1.3 .ENGINF.F,R's. Responsibility ............................... 9.9 "final payment,,,,,,,,,,,,,,,,, 9.13.4, 9.13.5, 14.12-14.15 in general ........................ �.8, 2.9, 5.6.4, 9.10, 15.5 gr proess payment ..................................... 14.1-14.7 review of ................................ __......... .__,14,4-14.7 Arbitration ...................................... ............... 16.1-16.6 Asbestos -- claims pursuant thereto .. ......... ............ . 4.5.2, 4.5.3 CONTRACTOR authorized to stop Work-,,,,,.... 4.5.2 definition of.......................................................1.4 Article or Paragraph Number OWNER responsibility for ............................. 4.5.1, $.10 possible price and times change........................ .5.2 Authorized Variations in Work,,,,,,,,. 3.6, 6.25, 6.27, 9.5 Availability of Lands ........ __............. ........._ - 4.1. 8.4 Award, Notice of --defined ....................................... 125 Before Starting Construction..............................2.5-2.8. Aid --definition of .............. ....... LS (1.1, 1,10,_ 2.3, 3.3. ........... __........... 4.2.6.4, 6.13, 11.4.3, 11.9.1) Bidding Documents -definition of.......... ......... ................................ ).6(6.8.2) Bidding Requirements--defiration of ......................................... 1.7 (1.1, 4.2.6.2) Bonds -- acceptance. of....................................................5.14 additional bonds, ........................... ..... 10.5. 11.4.5.9 Cost of the Work ............................................ 11.5.4 definition of ....................................................... 1.8 delivery of...................................................2. 1. 5.1 final Application for Payment,,,,,,,,,,,,,,,, 14,12-14.14 general ...................................... 1. 10, 5.1-5.3. 5.13, ........................................ 9.13, 10.5, 14.7.6 Performance, Payment and Other, .... ............. 5.1-52 Bonds and Insurance --in general.................................5 Builder's risk "all-risk' policy form................__....5.6.2 Cancellation Provisions, Insurance,,,_,,,, 5.4.11, 5.8, 5.15 Cash Allowances....................................................)1.8 Certificate of Substantial Completion,,,,,,, 1.38, 6.30.2.3, ..................................................14.8, 14.10 Certificates of Inspection.... ............. -9-13.4, 13.5, 14.12 Certificates of Insurance ............. Z3, 5.3. 5.4.11. 5.4.13. 5.6.5, 5.8, 5.14, 9.114, 14.12 Change in Contract Price -- Cash Allowances .......... ............... ..................... 11.8 claim for price adjustment............ 4.1, 4.2.6. 4.5, 5.15, 6.8.2. 9A ........ .._...... 9.5. 9.11. 10.2. 10.5. 11.2. 13.9. .......................J 3.13, 13.14, 14.7. 15.1. 15.5 CONTRACTOR's fee ......................................... 11.6 Cost of the Work general................................................11.4-11.7 Exclusions to ............. ..................... ............. 11.5 Cost Records ..................................................... 11.7 in general.............1.19, 1.44, 9.1 I, 10.4.2, 10.4.3, 11 Lump Sum Pricng.......................................... 11.3.2 Notification of Safety ..................:.. ..... .._.......... 10.5 Scopeof .................................................... 10.3-10.4 Testing and Inspection, Uncovering the Work .................................. 13.9 EXEC GENERAL CONDITIONS 1910.8 0990 EDI1101'a w/ CRY OF. FORT COLLINS MODIFICATIONS (REV 9tM 0 0 0 2014 BID SCHEDULE PHASE 1 QUANTITIES -TO BE COMPLETED BEGINNING OF JUNE 2014 T� ITEM NO T DESCRIPTION I UNR �4U T 2PR4IUCER TOTAL 2011 C05T 1W01 SWEEPING-AULSTREETSURFACE5 EACH 2 $ 9 65.00 $ 18.730,00 1WN SWEEPING- ALL PARKING LOTSURFACES EACH 2 $ 11000G $ 2200.00 2W 01 STORMWATER PROTECTION- WA=istpp0e4 by Coy) UNEAL FOOT 1,5W $ 500 $ 7,500.00 20802 STORMWATER PROTECTON-WATTLE (NEW supplied by CmlreclOO LINEAL FOOT 3W $ 18.75 $ 5,62500 2WU3 Fabnc aM Wattle Wet Proleclim(SWrlied by qly. Fabric W tDtXR=lm) EACH 30 $ 100.GD $ 300000 2W04 Fabric am Wattle Inlet Pfoleclicn(NEW suppned by CaNmctor) EACH 5 $ 14000 $ 70000 409W CHIP SEAL (COLLECTOR) SOUAREYARD 5,2W $ 292 $ 15.184.00 409 W NPE II SLURRY SEAL (RESIDENINL) SQUARE YARD 136,D00 $ 2.24 $ 3D4A4e00 40907 TYPE II SLURRY SEAL(PARK(NG LOTS) bU.ARE YARD 9.WD $ 3,65 $ 33945DG 4WW CAPE SEAL(COLLECTOR) SQUARE YARD to,OW $ 486 $ 48600.00 4 03 CAPE SEAL (RESIDENTIAL) SQUAREYARO ZB.WO $ 403 $ 129.B40.00 40910 CAPE SEAL(ARTERIAq SQUARE YARD s= $ 725 $ 36250.00 4N.11 SLURRY TRAV CRACK LEVELINKS W Wnd aedth, 54 to T MC! LINEAL FOOT 230 5 4.11 $ 94520 4M.12 SLURRY SURFACE LEVEUNG(1141a 142- thickness pe li9;) 50UATE YARD 165 S 8.27 S 1364.55 =at ARMBLE MESSAGE BOARD EAICAy 15 5 ISB00 $ 2.97000 630N ADDTCN,AL FLAGGING PERSONNEL HOUR W S 2500 $ 1.250.00 TOTAL $ 612,543.86 PHASE 2 QUANTITIES -TO BE COMPLETED BEGINNING OF SEPTEMBER 2014 ITEM NO '-SWEEPING DESCRIPTION .. _ UNIT 2014 CONTRACT t ^QUANTITY 2014 UNITc' wT+E': STF; TOT--A�L�p2y014COS i L~-. 10501 ALL STREET SURFACES EACH 2 $ 9,36500 $ 18.730.00 106I11 SWEEPING- ALL PA RKING LOT SURFACES EACH 2 $ 1.10000 $ 2,20OD0 20001 STORMWATER PROTECTION- WATTLE(supplial by Gty) LINEAL FOOT 1,5W $ 500 $ 750000 2(19W STORMWATER PROTECTON- WAIT.E(NEW supplied by Dmtracltt) LINEAL FOOT 300 $ 18.75 $ 5625.00 2WW Fabric am Wattle Mel Proectlm(Supplied by City, Fabnc by Gollbactad EACH 30 $ 10000 $ 3000.G0 2W.04 Fat am Wattle Het Pratectlm(NEW supplied by Cmhado4 EACH 5 $ 14000 $ 700.00 4W 05 TYPE II SLURRY SEAL(COLLECTOR) SQUARE YARD 440M $ 2.32 $ 928000 409W TYPE II SLURRY SEAL(RESIDENTML) SQUARE YARD 91000 $ 224 $ 203840.00 4NN CAPE SEAL (RESIDENTIAL) SOUAREYARO 33,OW $ 4.63 152.790.00 40911 SLURRY TRAV CRACK LEVELING (W baM width. No to T crack) LINEAL FOOT 21W $ 4.11 $ 8JB31L0 4N 12 SLURRY SURFACE LEVELING (114 to VT MCkress For 14L) SQUARE YARD W $ 827 $ 49820 6W 01 VARIABLE MESSAGE BOARD EAIDAY 15 $ 198.00 $ 2,97000 63)02 ADDITIONAL FLAGGING PERSONNEL HOUR W $ 25.00 $ 1.25000 TOTAL $ 417.012.20 TOTAL BASE BID FOR PHASES 1 & 2 $ 1,029,556.05 IN WORDS One Million Twenty -Nine Thousand Five Hundred Fifty -Six Dollars and Five Cents NOTE: To M a Googe Map b Our AST Plug W areas W 2014, Ctick on lir below, AST P,agvn is hi9N9hed In Green h0o9Avww tcdw.comIsmDDlan Signature: Printed: Daniel J. Gryzmala Company: A-1 Chipseal Co Address: 2001 W. 64th Lane Denver, CO 80221 Phone: 303-464-9267 Email: swallisAa-lchipseal.com r 0- • Unit Price Work ....... ................__..........__11.9 .CONTRACTOR's Fee, .......... ...... _.............. _.._11.6 • 0 Article or Paragraph Number Value of Work: ................. ......................... ..... 113 Change in Contract Times-- - Claim for times adjustment,,,,,..:4.1, 4.2.6. 4.5, 5.15, ,_...... ... 6.82, 9'4, 9.5, 9.11, 10.2, 10.5, 12.1, ..............13.9,13.13,13.14,14.7,15.1, 15.5 Contractual timelimits,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,;,,,,,, 12.2 Delays. beyond CONTRACTOR's control........:..................:..........:.. _:.....:..... 72:3 Delays beyond OWNER'S and CONTRACTOR's condol.............................12.4 Notification of surety ..... ................ ................... 10.5 Scope of change ................... ..................... 10.3-10.4 Change Orders -- Acceptance orDefective Work ... ...................... .j3a3 Amending Contract Documentg........ :.................. 3.5 Cash Allowances., ........................... _ ........ 11.8 Change of Contract Price,,,,,,,,,,,,,„__......,,,,,, 11 Change of Contract Times,,.,,„............................12 Changes in the Work ..... ...::.......::....:.._..... - .... .10 .... CONTRACTOR'sfee....................................._.11.6 Cast of the. Work;11 A•11.7 Cost Records..................__..............................11.7 definition of........ ............ .................................. 1.9 emergencies.....................................................0.23 ENGINEERS responsibility_..._9.8. 10.4, 11.2. 12.1 execution o:.......... ........ ........ ......_._................ JO.4 Indcmnifictiorl .........................0.12, 6.16, 6.31.6.33 Insurance Bonds and _ 5.10, 5.13, 10.5 OWNER may. terminate,,,,,,,,,,,,,,,,,,,, ... 5.2-15.4 OWNEWs Responsibility.............................8.6. 10.4 Physical Conditions_ Subsurfaceand, ............................................. 4.2 Underground Facilities--,,........ ..................4.3.2 Record Documents_ .......................... _........... _ 6.19 Scope of Change.........................................10.3-10.4 Substitutes ...................... .........._:.......... 6.7.3. 6.8.2 Unit Price Work .............. ........................... ...-11.9 value of Work, covered by,,.,,. , .................. 11.3 Changes in the Work.................................................)0 Notification of surety_ ....................................... 10.5 OWNER's mad CONTRACTOR's responsibilities............:.....:.......................10.4 Right to an adjustment ...................................... 10.2 Scope of change„-„ .................................. 10.3.10.4 Claims-- aga i nst. CONTRACTOR .... _.................... _ _ , 6.16 against ENGINEER ......................................... 6.32 ngainst OWNER............................:..................6132 Change of Contract Price ..... :............ ........ 9A. 1 L2 Change of Contract Times ..........................9.4, 12.1 CONTRACTOR's............. 4. 7. 1: 9.4. 9.5. 9.11, 10.2. .:....................... :aI.ZI1.9,12.1,13.9,14.8, .............. .... ...... I .... -... ........... 15.1. 15.5, 17.3 Article or Paragraph Number CONTRACTOR'S liability ....... _... 5A, 6.12, 6.16, 6.31 Cost of the Work11-4, 1 L5 Decisions on Disputeg;;9:11, 9.12 Dispute Resolution............................................16.1 Dispute Resolution Agreement ................... 16.1-16.6 ENGINEER as initial interpreter, ........ ... I ......... 9.11 Lump' Sum Pricing...... ._................................ 11.3.2 Noticeof ... :......... ....................... .._.............. -....17.3 OWNER's....................FA, 9.5. 9.11, 10.2,11.2, 11.9 ........................12.1, 13.9,.13.13, 13,14, 17.3 OWNER's liability .............................................. 5.5 OWNER may refuse to make payment,,,,,,,,,,,,,,,, )4.7 Professional Fees and Court Costs Included..................._.......... _.... _..............17.5 request for formal decision on.......:....................9.11 Substitute Items,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,6.7. 1.2 Time Extension ....................... ....................... ...12.1 Time requirements ................................... 9.11, 12.1 Unit Price Work, :-,,,... ........ :......:. ....11.9.3 Value of .............. ...................................... ,.,1.1.3 Waiver,of---on Final Pavment................. t4.14, 14.15 Wink Change Directive,_ .................................. 10.2 written notice required ...................... 9.11, 11.2, 12.1 Clarifications and lnlcrpretations............. .6.3, 9.4, 9.11 Clean Site.....................__..........................---.._O...17 .Codes of Technical Society, Organization or Awociation..................................................3.3.3 Commencement ofContract-Times................... 2.3 -Communicatiorei - ..general .............................................. 0.2, 6.9.2, 8.1 Hazard Communicatiorr Programg ............. ..... _6.22' 'Completion - Final Application for Payment„........................14,12 Final Inspection,__.,,.,., . ...,,...,.14.11 Final Payment anil Acceptance„_„.14.13-14.14 Partial Utilization. ......................................._.. 14.10. Substantial Completion,,;,,,,,,,,,,,,,,,,,, 1.38. 14.8-14.9 Waiver of Claims ............................................ 14.15' Computation of Tim CA .... ___ .................... 17.2.1-17.2.2 Concerning Subcontractors, Suppliers .and Others ................................................. 6.8-6.11 Conferences -- initially acceptable schedules, ....................... ; .....2.9 preconst ruction..................................................2.8 Conflict, Error. Ambiguity, Discrepancy- CONTRACTOR to Report-, ....................... 15, 3.3.2 Construction, before starting by CONTRACTOR ........ .........,.. 2.5-2.7 Construction Machinery, Equipment, etc,,,,,,,,,,,,,,,,,, 6.4 k. Continuing the Wor.................................:._629, l0A Contract Documents - Amending ......................... ........: ......:................. 2.5 Bonds......................................................._.... 5.1 6rcoC GENM U;d0 Dmoxs 1910-9 (1990 EDmoi) w/ CITY OF FORT COLLINS MODIBCATIONS (REV 9199) Cash Allowances... ............... ........... _ .11.8 Stop Work requirements.._............. .............. ,,4.5.2 • CONTRACTOR's- - .. Article o paragraph Number .Change of Contract Rio@ ........................... I........ 11 Change of Contract Times,.__ ....... ..................... 12 Changes in the Work................................10.4-10.5 cheek and verify ................................................ 2.5 Clarifications and Interpretations .........................3.2, 3;6. 9.4, 9.11 defmition of ...................................__. _...........1.10 ENGINERR as initial interpreter of,,,,,;............ All .ENGINEER as OWNER's representative,,,,,,,,,,,,, 9.1 general3 Insurance......... _ ................... .......................... ..5.3 Intent....................................................... 3.1-3.4 In inorvariations in the Work..............................3.6 OWNER's responsibility to furnish data_,,,,,,,,__8.3 OWNF,R's responsibilityto make prompt payment......_ .................8.3, 14.4, 14A3 precedence................................................3.1. 3.3.3 Record Documents ........................................... 6.19 Reference to Standards and Specifications of Technical Societies .................................. 3.3 Related Work.. ................................................... 7.2 Reporting and Resolving Discrepancies .......... 2.5, 3.3 Reuseof............................................................ 3.7 Supplementing.................................................. 3.6 Termination of ENGINEER's Employmenl._._._.8.2 Unit Rice Work ................................................ 11.9 variations..........................................3.6, 6,23, 6.27 Visits to Site, ENGINEERS ........... _................... 92 Contract Rice - adjustment of ............... 3.5. 4.1, 9.4, 10.3, 1 L2-11.3 Changeof.......................:..................................1 I Decision on Disputes........................................9.11 definition of.....................................................1.11 Contract Times -- adjustment of ..........................3.5, 4.1. 9.4. 10.3. 12 Change of ............ .................................... 12.1-12.4 Commencement of... _ ........................................ 2.3 definition of......................................................1.12 CONTRACTOR- Acceptance of Insurance ................................... 5.14 Communications ...................................... 63+ 6.9.2 Continue Work, ..................... ................ : 629, 10.4 coordination and scheduling ........................... 6.9.2 definition of.....................................................1.13 Limited Reliance on Technical Dam Authoriaccd......................................... 1.2.2 May Stop Wok or Tam inete............................1.5.5 provide site access to others,,,,,,,,,,,,,,,,,,,,,, 7.2, 13.2 Safety and Protection,,,,,,,,,,,,,,,,,,, 4.3.1.2. 6.16, 6.18, .............................._... _ 6....21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Subm ittaf....................................... 0.25 Article or Paragraph Number Compensation ................ _ ............... _....... 11.1-11.2 Continuing Obligation ..................................... 14.15 Defective Work...............................9.6, 13.10-13.14 Duty to correct defective Work ..........................13.11 Duty to Report -- Changes in the Work caused by Emergency_ ...................:.. _<............... 26.23 Defects in Work of Others_...........................7.3 Differing conditions ................................... 4.2.3 Discrepancy in Documents,,,,,,,, 2.5, 3.3.2, 6.14 2 Underground Facilities not indicated,,,,,,_„ 4.3.2 Emergencies........................................ ..... .......0.23 Equipment and Machinery Rental, Cost of the Work ........................................... 11.4.5.3 Fee --Cast Plus11.4.5.6, 11.5-1, 11.6 General Warranty and Guarnnt q....._................0.30 Ilazard Comm unicalion Rolpams.....................0.22 Indemnification_ ............. ........ .0. 12. 6.16, 6.31-'6.33 Inspection of the Work ............................... 7.3, 13.4 Labor, Materials and Equipment ...................6.3-6.5 Laws and Regulations, Compliance by„.......... 6,14.1 LiabilityInsurance.............................................. 5.4 Notice of Intent to Appeal ......................... 2.10, 10.4 obligation to perform and complete theWok....................................................6.30 Potent Fees and Royalties, paid for by,,,,,,,,,,,,,,,,, G.12 Performance and Other Bonds ................. 5A Permits, obtained and paid for by...... .......... _ .... 0.13 Progress Schedule ..........................2.6, 2.8, 2:9, 6.6, .........................:..............6.29. 10.4. 15.2.1 Request for formal decisionon disputes,,,,,,,,,.,_„ 9.11 Responsibilities -- Changes in the Work .............__................... 10.1 Conceming Subcontractors, Suppliers andOthers ..................................... ................................. Continuing the Work ..........................029. 10.4 CONTRACTOR's expense ,,,,,,,;;,,,,,,,,,,,,,,,,,,0.7.1 CONTRACTOR's General Warranty and Guarantee................_.....................6.30 CONTRACTOR's review prior to Shop Drawing or Sample submittal ................ 0.25 Coordination of Work ................................ 6.9.2 Emergencies ............................................... 6.23 ENGINEER's evaluation. Substitutes or 'Or -Equal" Items ............................ 6.7.3 For Acts and Omissions of C7thers......................... 6.9.1-6.9.2, 9.13 for deductible amounts,insurance...................5.9 general........................................6. 7.1- 7.3, 8.9 Hazardous Communication Programs.......... 6.22 Indemnification, ................................... 6.31-6,33 vii EfCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) wl CITY OF FORT COLLINS MODIFICATIONS (REV 9199) • • • Labor, Materials and Equipment„............6.3-6.5 CONTRACTORS -other .......... .............................7 Laws and Regulations,_ _,.6.14 Contractual Liability lnsuience._... 5.4.10 ........... ._........ _ Liability Insurance........................................5.4 Contractual Time Limits ........................................ 12.2 • 0 Article or Paragraph Number Notice of variation from Contract Documents .............. :............ ................ 6.27 Potent Fees and Rcynllies,............................:612 Permits..................................... :............ ..... 0.13 Progress Schedule- ... ....... ..... ............_......., ... 6.6 Record Durum . ents . ....................................... 6.19 related Work performed prior to ENGINEER's approval of required submittals: .................... ..... _ ........... 6.28 safe structural loading ................................. 6.18 Safety and Protection ................... 6 20. 7.2. 13.2 Safety Representative.._...._ . ........................6.21 Scheduling the Work ...:............... ....... .....6.9.2 Shop Drawings and Samples,,,,,,,,,,,,,,,,,,,,,,, 6,24 Shop Drawings and Samples Review by ENGINI=....................................._6.26 Site Cleanliness _ ............ . ...:...`6. 17 Submittal Procedures...................................6.25 Substitute Construction Methods _ and Procedures...,. .................... 67.2 Substitutes and 'Or -Equal" Item;,,,,,,,,,,,,,,, 6.7.1 Superintendence............................:..............6.2 Supervision.................................... _..... _ ......0.1 Survival of Obligations..._ ...........................fi.34 Taxes........................................................:.6.15 Tests and Inspections,_,_ _,:_......,_ ................. 13.5 ToReport ..................... ... ........... .................2.5 Use of Premises- ........... ...... 6. 16-6.18, 6,30.2.4 Review Prior to Shop Drawing or Sample Submittal ........................................ 6.25 Right to adjustment for changes in the Work..... 10:2 right to claim _.......... .4, 7.1, 9.4. 9.5, 9.11, 10.2,11.2. .......... 11.9. 12.1. 13.9, 14.8. 15.1, 15.5. 17.3 Safety, and Protection,,;,,,,,,,,;,;,,,,, 6:20-6.22, 7.2, 13.2 Safety Representative .... .................................; &21 Shop Drawings and Samples Subm ittalg,,,, 6.246.28 Special Consultants...:........................._........11.4.4 Substitute Construction Methods and Procedures 6:7 Substitutes and "Or -Equal" Items, Expense..........................................6.7.1, 6.7.2 Subcontractors, Suppliers and Other;..........6.8-6.11 Supervision and Superintendencq......... 3, 6.2, 6.21 Taxes. Payment by ........................._..._....... .... Use of Premises ........................................ 6.16-6.18 Warranties and guarantees,,;,,,,,,,,,,,,,,,, 6:5, 6.30 Warranty of Title .............................................. 14.3 Written Notice Required -- CONTRACTOR stop Work or terminate........ 15.5 Reports. of Differing Subsurface and Physical Condition; .............. .....4.2.3 Substantial Completion ................................ 14.8 v it Article or Paragraph Number Coordination-- CONPRACTOR's. responsibility ........................ 6.9.2 Copies of Documents .... ................. ;.......................... .2 Correction Period ............. :.................................... 13.12 Correction, Removal or Acceptance of Defeclnv Work-- in general ................................... 10.4.1, 13.It113.14 Acceptance ofDefeclive Work ................. ..........13.13 Correction or Removal of DefecliveWork..........................I.....6.30, 13.11 Correction Period ............................................ 13.12 OWNER May Correct Defective. Work,,,.. ........ 13.14 OWNER May. Stop Work ........... :............ :........ 13.10 Cost -- 'of Tests and Inspections .................................... 13.4 Records] 1.7 Cost of the Work -- Bonds and insurance, additional ................... 11.4.5.9. Cash Discounts..............................................J 1.4.2 CON'fRACTQR's Fee..................................:....11.6 Employee Expenses......................................1 .4.5.1 Exclusions. to........................_...........................11.5 General 11.4-11.5 Homc office and overhead expenses„......„.........11.5 Losses and damages.....................................11.4.5.6 Materials and equipment ................. _;........... 11.4.2 .Minor expenses ...................__............:......: 11.4.5.8 Payroll costs on changes ................................. 11.4.1 performed by Subcoh[ractors .............. ..............j L4 3 Records] 1.7 Rentals of construction equipment and machinery ...................................... 11.4.5.3. Royalty payments, permits and license fees..........................:......:....:....11.4.5.5- Site office and temporary facilities................J 1.4.5.2 Special Consultants, CONTRACTOR's............ 31.4.4 Supplemental......... ...................... .........._...11.45 'faxes related to the Work 1,1.4.5.4 Tests and Inspection, ...................................... 13A Trade Discounts ....... :..................................... 11.4.2 Utilities, fuel and sanitary facilitie;............... J 1.4.5.7 Work n6r regular hours ................................. 11.4.1 Covering Work, ......... ................................ 13.6-13.7 Cumulative Remedies ...................____ 17.4-17.5 Cutting, fitting and patching,,,,,,,,,,, , 7.2 Data, to be famished by OWNER ............... 8.3 ................ Day -definition of .................... ............................ J 722 Decisions on Disputes, ............... ................... 9.11, 9.12 defective. -definition of...........................................1:14 defective Work.. Acceptanceof...................................... 10.4.1, 13.13 EICDC OENIRAL WNIINTIONS 1910.9 (1990 EDITION) w/ aTY OF FORT COLUNS MODIFICATIONS (REV 9/M Correction or Removal of10.4.1, 13.11 Correction Period..._.....:............_.............::.:..)3.12 in general.........................................13. 14.7. 14.11 Article or Paragraph Number "Observation by ENGINEER. ....................... ....... 9.2 OWNER May Stop Work ..................... ............ 13:10 Prompt Notice of Defects .......... ................. I....... 131 Rejecting...........................................................9.6 Uncovering the Work ....................................... 33.8 Definitions...........:..... :........................... ___ ............. i Delays..........I.......................... 4.1, 6.29, 12.3.12.4 Delivery of Bonds.....................................................2.1 Delivery oCcertificeus of insurance ...........................7.7 Determinations for Unit Price* ................................9.10 Differing Subsurface or Physical Conditions - Noticeof ..............._......................_....._......4.2.3 ENGINEF,R's Review ...................................... 4.2.4 Possible Contract Documents Change,,,,,,,,,,,,,, 4.2.5 Possible Price and Times Adjustments .... ......... .2.6 Discrepancies -Reporting and Resolving ....... -_...................... 2.5. 3.3.2, 6.14.2 Dispute Resolution - Agreement ....................... ... ..................... 16.1-16.6 Arbitration.,......._....................................16.1-165 generall6 Mediation........................................................16.6 Dispute Resolution Agreement .................... ....16.1-16.6 Disputes, Decisions by F.NGINEFR ...................9.11-9. 12 Documents. - Copiesof...........................................................2.2 Record 6.19 Reuseof............................................................ 3.7 Drawings--defnitian of ........................................... 1.15 Easements.............................................................4.1 Effective date of Agreement -- definition gf..............).16 Emergencies ............... _......... ..._............... ..- ........ A-23 ENGINEER - as initial interpreter on disputes ......... ....... 9,11-9.12 definition of .......................................... .......... 1. 17 Limitations on authority and responsibilities,,,,, 9.13 Replacementof.................................................8.2 Resident Project Representative__......................9.3 ENGINEER's Consultant -- definition of .................. 1.18 ENGINEER's-- authority and responsibility, limitations on,,...... 9.13 Authorized Variations in the Work.....................9.5 Change Orders, responsibility for ..... 9.7, 10, 11, 12 Clarifications and Interpretations ..............3.6.3. 9.4 Decisions on Disputes .............................. 9.I1-9.12 defective Wok, notice of..................................13A Evaluation of Substitute Items .........................0.7.3 . Liability...................................................0.32. 9.12 Notice Work is Acceptable ............................... 14A3 Observations ......... :................................. 6.30.2, 9.2 OWNF,R's Representative,,.,,,„_.........................9.1 Payments to the CONTRACTOR, Responsibility for .................................... 9.9. 14 Recommendation of Payment....................14.4. 14.13 Article or Paragraph Number Responsibilities --Limitations on ................. P. 11-9.13 Review of Reports on Differing Subsurface and Physical Conditions.............................4.2.4 .Shop Drawings and Samples, review responsibility.-., .......... ... _._...... .......... ....... 6.26. Status During Construction— authorized variations in the Work,_.............9.5 Clarifications and Inlerprcmtiong.................. 9.4 Decisions on Dispute; ......................... 9.11-9.12 Determinations on Unit Price ............ .......... 9.10 ENGINEER as Initial Interpreter .... ..-.-9.11-9.12 ENGINEF.R's Responsibilities ................ 9.1-9.12 Limitations on ENGINEER's Authority and Responsibilities.............................:9.13 OWNER's Representative..............................9.1 Project Representative ......... _....................... 9.3 Rejecting Defecfivv Work ......................... 9.6 Shop Drawings, Change Orders and Payments....................................9.7-9.9 Visits to Site ................................................. 9.2 - Unit Rice determinations„ ............................... 9.10 Visits to Site ............................ ..................._......9.2 Written consent required .............................. 7.2, 9.1 Equipment, Labor, Materials an4 ........................6.3-6.5 Equipment rental, Con of the Work ......... ,......... 11.4.5.3 Equivalent Materials and Equipment, .............. ........ §3 error or oat issiwt5..................................................0.33 Evidence of Financial Arrangements ..................... 8.11 Explorations of physicnl conditions ....................... 4.2.1 Fee, CONTRACTOR's--Costs Pius ........................... Ilk Field Orda- definilion of ..................................................... 1.19 issued by ENGINEER ................................ 3.6.1, 9.5 Final Application for Payment ...................... _...... 14.12 Final 1 nspcctioq................................................... 14.11 Final Payment - and Acceptance ................................... ..14,13d4.14 Prior to, for cash allownces„.............................11.8 General Provisions ......................................... 17.3-17.4 General Requirements- - definition of ..................................................... 1.20 principal references t9........... _16, 6.4. 6.6-6.7, 6.24 GivingNotice ............ ._.......... .................... _..... ..... 17.1 Guarantee of Work -by CONTRACTOR....... fi.30, 14.12 Hazard Communication Programs.. ........................ R.22 Hazardous Waste - definition of ........................................... .......... 1-21 general............................................................. 4.5 OWNER's responsibility far ............................... 8.10 EICDC GEIMM CONDITIONS 1910.8 (1990 EDI nOM wt CITY OF FORT COLLINS MODMCA77ONS (REV 999) 11 A • 9 Indemnification ............................ ,,k.12; 6.16,`6,31.6.33 Initially Acceptable Schedules 2.9 Inspection-- Certificatesof.......:............... ......9A3.4, 13.5, 14.12 Final............................. _ ............................ 14.11 Article or Paragraph Number Special required byENGINEER.................... ....Q.6 Tests and Approval,,,,,,,,;,,,,,,,,,,,,,,,,,,, $.7, 13.3-13.4 Insurance - Acceptance of, by OWNER..:............................5.14 Additional required by changes in the Work. .......:11.4.5.9 Before starting the Work .................................... 2.7 Bonds and --in general .......................................... 5 Cancellation Provisions.,.. .......... .....................5.8 Ccrtificares of ... ,..... 2.7, 5,5.3, 5.4,11, 5A.13, ........................5.6.5, 5.8, 5.14, 9.13.4, 14.12 completed operations ............. ....... _............. 5 4.13 CONTRACTOR'S, Liability„_ ............................_ 5A -CONTRACTOR's objection to coverage,_,,,,,,,, ... .14 Contractual Liability ....................................: 5.4.10 deductible amounts, CONTRACTOR's. responsibility ................................................5.9 Final Application for Payment .........................14A2 Licensed Insurers.. ...... ... ....... 5,3 Notice requirements, material changes,,,,,,, 5:8, 10.5 Option to Replace.. ............. ........................... JA4 other special insurance; .................... ... 5,10 OWNER as fiduciary for insurcds......... .... 5.12-5.13 OWNER's Liability .......................... __.............. 5.5 OWNER's Responsibility ................................... 8.5 Partial Utdiration, Property Insurance,,,,,,,,,,,,,,, 5.15 Property.:...................................................5.6-5.10 Receipt and Application of Insurance Proceeds ... .... ........... ........ .................... 5.12-5.13 Special lnsrvancc;_. ............. ...... ..... _,_5.10 Waiver of Rights,- .............. ..............._............ 5' 11 Intent of Contract DocunenLS;3.1-3.4 Interpretations and Clarifications .....................3.6.3, 9.4 investigations of physical conditions .......................... 4.2 Labor, Materials and -Equipment........,,__........._.0.3-6.5 Lands -- and Easements..................................................SA Availability of ......... .:................................. 4: 1,8.4 Reports and Tests, ............... ........ ..... 4 .............. _$A Laws and Regulations --Laws or Regulations-- Bonds.............._:..._.......................-..........5.1.5:2 Changes in the Work ........... _......................... 10,4 Contract Documents ........................... ............... .3.1 CONTRACTOR's Responsibilities,,,,,,,,,,,,,,,,,,,, 6.14 Correction Parial,defective Work,,,,,,,,,,,,,,,,,, 13.12 Cost of the Work taxes ............................... 11.4.5.4 definition of... ................ ..__........... ._........ ...... 1.22 .general6.14 Indemnification ................ _..................... 631-6:33 Insurance .......................................................... 5.3 Precedence ........:.. .. - ..-,. 3.1, 3.3.3 Reference to ................................. 1 Safety and Protection ........6.20. 13.2 Subcontractors, Suppliers and Others,;,,,,,,,, 6:8-6.11 Article or Paragraph Number Tests and Irispeclions,.,,,.,.„,,,,,,,,,,,,,,,,,,,_,;,13.5 remises..::.......: Use of Premises., .... .... 6.J6 Visitsto Site.......................................................9.2 Liability Insurance.- - CONTRACTORs............................................... 5.4 OWNER's........ I ........ .. ............:............... ._ . : S.S ......... Licensed Sureties and Insurers-, ........... ........... . ...... 5.3 Liens -- Application for Progress Payment. ......................14,2 CONTRACTOR's Warranty of Titic_................ 14.3 .Final Application for Payment. ..............:..........14.12 definition of ....................... ............................... J.23 Waiver of Claims...........................:_I 4.15 Limitations on ENGINEER's authority and responsibilities.,........._._ ............: ................ _ .. 9.13 Limited Reliance by CONTRACTOR Authorized ................._..................... .......:...... 4.2.2 Maintenance and Operating Manuals-- Final Application for Payment ..........................14.12 Manuals (of others) -- Precedence.........._.......__........._........... _-- 3.33.1 Reference to in Contract Documents ..................3.3.1 Materials and equipment. - furnished by CONTRACTOR;........... _....... ......... .3 not incorporated in Work...................................14.2 Materials or equipment--cquivelent ..........................0.7 Mediation (Optimal). J6.7 Milestoncs--definiiion o(3.24 Miscellaneous -- Computation o£Times.................. ............. 17.2 Cumulative Remedies ........................................ 17.4 Giving Notice ..........................:........... ........ ......17.1 Notice of Claim ......................... .................. .... J7.3, Professional Fitts and Court Costs Included ......... 17.5 Multi -prime contracts. ........... ........................_._.........7 Not Shoiwn or Indicated_„................._..,.__...___-,__,4.3.2 Notice of -- Acceptability of Project ........ !,...... __............ _, 14.13. Award definition of ......................................... 1.25 Claim .......................................................... „J7.3 Defects.13A - Differing Subsurface or Physical Conditions_.._.. 423 Giving............. ........ :...................................... 1.7.1 Tests and Inspections ......................................... 13.3 Variation Shop Drawing and Sample_„..............0.27 Notice to Proceed -- definition a(, ...................................1.26 givingof ....................... ... ........................ __.....2.3 EICDO OGNERAL 60NDmONS 1916-3 699a EDITION) at a y OF FORT COLLINS MODIFICATIONS (REV 91") • Notification to Surety ............. __ ............. ............. 10.5 testing, independent ...... ......... .......... ........ 13.4 Observations, by ENGINEER ..... ........... ......... 6.39, 9.2 use, or occupancy Occupancy of the Work,,,,,,,,,,,,,,,,,,, 5.15, 6.30.2.4, 14.10 of the Work,,,,,,,,,,,,,,........... 5.15. 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR . ............... 69,9.13 Written consent or approval Open Peril policy form, Insurance .......................... 5.6.2 required ......................................... 9-1, 6.3, 11.4 Option to Replace....._ ..... ....................................... 5.14 Article or Paragraph Number ,or Equal, items ......................................................6.7 Other work 7 Overtime Work --prohibition of ............................ 6.3 OWNER— Acceptance of defective Work ...........................13.13 appoint an ENGINEER ...................................... 8.2 as fiduciary ...............................................5. 12-5.13 Availability of Land, responsibility ............... __4.1 definition of ........................................ 1,27 data, furnish ....... ............. ................... __ --- U May Correct Defective Work ........................... 13.14 May refuse to make Payment .............................. 14.7 May Stop the Warl . ........ ................................ 13.10 May Suspend Work. Terminate .................... ...... ll.?, 13.10, 15.1-15.4 Payment, make prompt .................... :N.3, 14.4, 14.13 performance of other work ................................. 7.1 permits and licenses, requirement ' s ................. _�&13 purchased insurance requirement; ....... ....... 5.6-5.10 OWNER!s- Acceptance of the Work ................. ___ ...... 0.30.2.5 Change Orders, obligation to c.xccutg .......... 8.6,10.4 Communications................................................ 8.1 • Coordination of the Work.................................7A Disputes, request for decision .................. : ........ 901 Inspections, tests and approvals..................NJ, 13.4 Liability Insurance ............................................. . 5.5 Notice of Defects ..............................................13.1 Representative --During Construction, hNGINEER's Status_ ................ ___ ............. 9.1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ................ ?. 10 Change Orders, ............................................. 8.6 Changes in the W"ll; ..................... _ ............ 101 communiotiom ........................................... 8.1 CONTRACTORS responsibilities .................. 89 evidence of financial arrangements .............. li-11 inspections, tests and approval* ..................... 8.7 insurance...................................................... 8.5 lands and easements ..................................... 8.4 prompt payment by....._._ ............ ................. 8.3 replacement of ENGINEER ..................... __.P.2 reports and tests ....................................I.,.... 9.4 stop or suspend Work .................. 8.8, 13.10, 15.1 terminate CONTRAaOXs services.......................................... 8.8. 15.2 separate representative at sitV ............................. 9.3 rj EJCDC OENERAL CONDITIONS 19104 (1990 EDITION) .1 CITY OF FORT COLLINS MODIFICATIONS (REV 9199) 0 • Article or Paragraph Article or Paragraph Number Number • written notice required ............... ......... 7.1, 9.4. 9.11, ......_..........................:. 11.2, 11.9. 14.7. 15.4 PCBs-- . definition of ............................._................ ... ...129 general..............................................................4.5 OWNER', responsibility for............................. ,8.10 Partial Utilization - definition of .......:....................:........:, .......:1.28 general 6.30.2.4. 14.10 Property Insurance.:.. ..:.........:...::.....-.........:.,....: 5.15 Patent Fees and Rnyaltics 6.12 Payment Bonds..................................................5.1-5.2 Payments, Recommendation of,,,,,,,,,,,,,, 14.4-14.7, 14.13 Payments to CONTRACTOR and Completion - Application for ProgressPayments ........... .......... 14.2 :CONTRACI'ORs Warranty of Title ......... ......... 14.3 Final Application for Paynien[.......................14.12 Final Inspection .............................................. 14.11 Final Payment and Acceptance ............... 14A3-14.14 general .................... J. Partial Utilization ............... .................. ,., 14.10 Retainage.........................................................:14.2 Review of Applications for Progress Payments...............................14.4-14.7 prompt payment.,,.,,,., ............................... .. ........0.3 Schedule of Values ............................................ 14.1 Substantial Completion_....................._._..14.8-14.9 Waiver of Claims. ....... * .. ................................. 14.15 when payments due ............... ................14A, 14.13 withholding payment._........................_.-........14.7 Performance Bands ........ ........ .................. .......... 5.1-5.2 Permits.............................................................613 Petroleum -- definition of ....................... .................. .:.......... 1.30 general..............................................................4.5 OWNER's responsibility for .............................. 8.10 Physical Conditions -- Drawings of, in or relating to,,.,._,,,,,,,,,,,,,,,,, 4.2.1.2 ENGINEF.R's review ........................................ 4.2.4 existing strucmres............. ......... ..................... 1.2.2 general4.2.1.2.......................................................... Notice of Differing Subsurface or.,,,,,,,,,,,,,,,,,,,, 4.2.3 Possible Contract Doamuents Change,,,,;,,,,,,,,,,, 2.5 Possible Price and Times Adjustments .............. 4.2:6 Reports and Drawings .... .......................... ........ .2:1 Subsurface and ........._................................... ...... .2 Subsurface Conditions4.2.1.1 Technical Date, Limited Reliance by CONTRACTOR Authorized,,,;,,,,,,,,,,,, .. 4:22 Underground Facilities - general........................................................ 4.3. Not Shown or Indicaed.......... I ........ .--- ...4:3.2 Protection of ........................................ 4.3, 6.20 Shown or Indicated .......... ....... :... 4.3.1 Technical Data .............................................. 42.2 Reconstruction Confereneq............... . 1.1 Preliminary Matters..................................2 .... .. ............... . Preliminary Schedules.:,,,,,,,,,,,,,,,,, .....................2.6 Premises, Use of........ ................... .., 6.16-6:18 Price, Change of Contract,,,,,,,,,,,._............................I1 Rice, Contract --definition of,,,,,,,,,,,,. . L11- Progress Payment, Applications for ............ _........... J4.2 Progress Payment-rctainage........ :...... ................. 142 Progress schedule, CONTRACTORS ......... _,2.6, 2.8, 2-9, ................................. 6.6. 6.29, 10.4, 15.2.1 Project --definition of, .............1,31 Project Representative-- E•NGINEER's Status During Construction.,,.:... _. 9.3 Reject Representative, Resident -definition of.......-, 1.33 prompt payment by OWNER ..................................... 8.3 Property Insurance-- Additional............_..............._..........................5.7 general5.6-5. 10 Partial Utilization._............................5.15. 14.10.2 receipt and application of proceed t............5.12.5.13 Protection, Safety and..............................0,.20L6.21, 13.2 Punch list ...... .......................... .......................... .f4: 11 Radioactive "ter ial-- defintion of ..................................................... 1.32 gcnem14.5 OWNER's responsibility for ............................. 8.10 Recommendation of Payment..............._14.4, 14.5, 14.13 Record Documents...__............_._ :............... 0,19. 14.12 Records, procedures for maintaining ......... __............. .8 Reference Points ....................... ....... ................... ....: 4.4 Reference to Standards and Specifications of Technical Societies 3.3 Regulations, Laws and(or)..........................„.......... 6.14 Rejecting Defeefive Work ......................... ........9.6 Related Work -- at Site .......:....... ................................ ......... 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review,,,,,,,,,,,,,,,,,, , G.28 .Remedies, cumulative...._.__ .......................... 17.4, 17.5 Removal or Correction ofDefeefiie Work .............. ,13.11 rental agreements, OWNER approval required..... 11.4.5.3 replacement of ENGINEER by,OWNER.................... 82 Reporting and Resolving - Discrepancies,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,2.5, 3.3.2, 6.14.2 Reports - and Drawings ....... ................ .................. ......... 4-2.1 and Tests, OWNER's responsibility ....................8A Resident and Project Representative -- definition of ...................... .................... .......... 1.33 provisionfor............................................................ 9.3 E1CDC GENERAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 91") Article or Paragraph Number Resident Superintendent. CONTRACTOR'S_ ............. 6.2 Responsibilities-- - CONTRACTOR's-in general ..................... :............ 6 ENGINEER's-in general.......................................9 Limitations on...............:.............................9.13 OWNER's-in general..............................:.....:.......8 Retainage..___........................._..._.....................14:2,. Reuse of Documents ........ .:.:................ ...... ............... 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal, ................ ... 6.25 Review of Applications for Progress Payment; .................................... 14.4-14.7 Right to an adjustment .... ...................................... 10.2 Rightsof Way .... ..... ....... ........................... .._.......... 4.1 Royalties, Patent Fees and ...................................... G.12 Safe Structural Loading .......................................... 6.18 Safety -- and Protection ................................ 4.3.2, 6.16, 6,18, -.._................... ....... ._ 6.20-6.21. 7.2. 132 general ............................. ... .....................6.20-6.23 Representative, CONTRACTOR`s.......................0.21 Samples - definition of......................................................1.34 general .................................................... 6.24-6.28 -Review by CONTRACTOR ................. ......... ...... 6 25 Review by ENGINEER .............................. 0,26. 6.27 related Work.....................................................6.28 .submittal of ... ......... ........ .......................... ...... 6.24.2 submittal procedures.........................................0.25 Schedule of progress,,,,,,...... 4................2.6. 2.8-2.9, 6.6, ................._......... I ......... ..6.2% 10.4. 15.2.1 Schedule of Shop Drawing and Sample Submittals .............................. 2.6, 2.8-2:9, 6,24-6.28 Schedule of Values..,__ ....... ...... ........ 26, 2.8-2.9, 14.1 Schedules -- .Adherence to.,, ...................... ................... _J5.2.1 Adjusting................................ .......... ................ 6.6 .Change of Contract Times„ ............................... 10A Initially Acceptable„ ............. ..... .......... _...... .8, 2:9 Preliminary........_..................._........................2.6 Scope of Changes ............................. 4........ 10.3-10.4 Subsurface Conditions ........................................ 4.2.1.1 Shop Drawings -- and Samples, general ................................ 6.24.6.28 .Change Orders R: Applications for Paymcmu, and ..................... ........... .9.7-9:9 definition of......................................................1.35 ENGINEER's approval of„,,,,,,,,,,,,,*..............--, 3.6.2 ENGINEMes responsibility for review ..........................._....... 19.71 624-6.28 related Work.......................................................28 review procedures,....... 4.......................2.8, 6.24-6.28 Article or Paragraph Number submittal required .....:................. ....................... . 6.24.1 SAmitud Procedures ........................................ 6.25 use to approve substitutions.,,__ ........................ 6.23 Shown or Indicated...............................................4.3.1 Site Access ...................................................... 7.2, 13.2 Site Cleanlinesq......................................................6.17 Site, Visitsto- byENGINEER.......................................... 9.2. 13.2 byothers ............ ...... ...... .... ........................... .13 2 "special causes of loss" policy form, insurano:..............::........................................$.6.2 definition of, ............ ........... ......... ........... .36 Specifications- defination of....................................................1.36 of Technical Societies, reference to ................ 3.3.1 precedence......................................................3.3.3 Standards and Specifications of Technical Societies ........................................ 3.3 Starting Construction, Defore .............................. ZS-2.8 Starting the Work .... ____ ......................._..............2.4 Stop or Suspend Work -- by CONTRACTOR .......................................... 15.5 by OWNER ..................................... 8.8, 13.10, 15-1 Storage of materials and equipment .....................4. 1, 7.2 Structural Loading, Safety ...................................... 6.18 Subcontractor - Concerning . .......................................... definition of. .................................................... 1.37 delays.... ............................. _...._......._......... 12.3 waiver of rights ................................................ 6.11 Subemtraclurs--in general_ ............................... 6.8-6.11 Subcontracts --required provisio.......... 5.11. 6.11. 11.4.3 Submittals - Applications for Payment ................................. 14.2 Maintenance and Operation Manuals .............. 14.12 Procedures.......................................................0 25 Progress Schedules ..................................... 2.6, 2.9 Samples .............. __.................................6.24-6.28 Schedule of Values ..................................... 2.6, 14.1 Schedule of Shop Drawings and Samples Submissions ...................................... 2.6, 2.8-2.9 Shop Drawings ........................................ 6.24-6.28 Substantial Completion -- certification of ......... .............. ...... fi.30.2:3, 14.8-14.9 definition oC.....................................................1.38 Substitute Construction Methods or Procedures ........ 6.7.2 Substitutes and "Or Equal" Items ..... ___-,,,,_..............6.7 CONTRACTOR's Expense............................6.7.1.3 ENGINEER's Evaluation ................. I .... .,....... 6.7.3 "Or -Equal" ................................................... 0.7.1.1 Substitute Construction Methods EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITIOM wl CITY OF FORT COLLINS MODIFICATIONS (REV 9199) n u C� 0 Article or Paragraph Number or Procedures .....................................:....... 6.7.2 Substimtc Items 6.7.1 2 Subsurface and Physical Conditions -- Drawings of, in or relatng to ...................... .4.2. 1.2.. •ENGINEER's Review ...................................... 4.2.4 general .................... _...... -- ................................ ..4.2 Limited Reliance by CONTRACTOR Authorized .........:... _. :4.2.2 Notice of Differing Subsurface Physical Conditions ......................................... 4.2.3 Physical Conditions., ......................... _ .... .... 4.2 1:2 Possible Contract Documents Change,,,,,,,,,,,,,,, 4.2.5 Possible Price and Times Adjustments,,,.__._,,.. 4.2.6 Reports and Drawings ............ :._......... .... 4.2.1 Subsurface and .........:.:.:..................................... 4.2 Subsurface Conditions at the Site ..................... 4.2.1.1 Technical Data ................................................ 4.2.2 Supervision-- CONTRACTOR's responsibility, ... ,,,,._................. ,• 1 OWNER shall not supervise ........ _...................... 8.9 ENGINEER shall not supervise,,,,,,,,,,,,,,,, 9.2, 9.13.2 Superintendence.. �.. �..... ........................... ................ 6.2 Superintendent, CONTRACTOR's resident,,,,,,,,,,,,,,, 0.2 Supplemental costs .............................................. 11.4.5 Supplementary Conditions -- definition o( ..... --............................................ 1.39 principal references to.................).10, 1.19, 2.2, 2.7. ............. 1.2, 4.3, 5.1, 5.3, 5A, 5.6-5.9, ..............1. 5.11, 6.8, 6.13, 7.4. 8.11, 9.3. 9.10 Supplementing Contract Documents ........... ........... _, 3.6 Supplier -- definition of.....................................................1.40 principal references to ........... 3.7, 6.5, 6.8-6.11, 6,20, .......................................... 6.24, 9,13, 14.12 Waiver of Rights ..... .............................. .-.,...... 6.11 Surety - consent to final pnyment........................ 14.12, 14.14 ENGiNEFR has no duty to .......................... ,,,,,, 9.13 Notification of..................................10.1. 10.5. 15.2 qualification of...._... _......................._....5.1-5.3 Survival of Obligations . ......... .......... ........................ 6.34 Suspend Work; OWNER May,,,,,,,,,,,,,,,,,,,,,,, 13.10, 15.1 Suspension of Work and Termination- ......................t5 CONTRACTOR May Stop Work or Term mate,, .._,J 55 OWNER May Suspend Work.... ........ ............ _.., 15.1 OWNER May Terminate ............................ 15.2.15.4 Taxes --Payment. by CONTRACTOR,, ..................... 6.15 Technical Data -- Limited Reliance by CONTRACTOR ......... ...... 4.2.2 Possible Price and Times Adjustments,,,.,._.__... 4.2.6 Reports of Differing Subsurface and Physical Conditions --- ......... ........................ 43:3 xiv Tern porary construction :facilities, ,,,,,,,,,,,,,,,_____... 4.1 Article or Paragraph Number Termination - by CONTRACTOR ................... ...... ............ ..... 15.5 by OWNER .... :.................................. : 8.8, 15.1-15.4 of ENGINEER's employment, ,,,,,,,,,,,,,,,,,,, ........... $.2 Suspension of Work-in general„...........................J5 Terms and Adjectives ..................... ............... :........ 3.4 Tests and Inspections-- Access • to the Work, by others, .. .. ............... .......13.2 CONTRACTOR's responsibilities ..................... 13.5 cost of 13A covering Work prior to, ............... ........... _ 13.6-13.7 Laws and Regulations -(or),,,,,,,,,,,,,,,,,,,,,,,,,,,,,_, 13.5 Notice of Defects., .................... __........ ............ 13.1 ,OWNER May Stop Work: ..... ............13.10 -OWNER's independent testing .........,_............. 13.4 special, required by FNGINFRR ......................... 9.6 timely notice required ....................................... 13.4 Uncovering the Work, it ENGINEE•R's request., .... ......... ....... - ........... ... 13.8-13.9 Times -- Adjusti ng...........................................................0.6 Change of Contract..................................... .... 12 Computation. of........ _ ...................................... P.2 Contract Times--defmition of ...........................J.12 day.__._......... ........................ .................17.2.2 Milestones..........................................................)2 Requirements- appeals-.........._ .......................... 9.10, 16 clmi6wtions, claims and disputcs.................9.l 1, 11.2, 12 Commencement of Contract Times .... ........... 2.3 Preconstruction Conference,,,,,,,,,,, 2.8 schedules ......................................... 2.6, 2.9; 6.6 Starting the Work _.,......... ............... _.. _.. _... 2A Title, Warranty of .. ........ ............... ................ .. _...., 14.3 Uncovering Work ............................................ 13.8-13.9 Underground Facilities, Physical Conditions - definition of ........ :............................................ 1.41 Not Shown Q Indicated., ........ I ... - ................... 4.3.2 protection of .................... ........ ................. 4.3, 6.20 Shown or Indicated........................................4.3.1 Unit Price Work- claims......................................................... 1.1.9.3 definition of .................................................... 1,42 general 11.9. 14, 1. 14,5 - Unit Prices-- gencrall 1.3.1 Determination far ............................................ 9.10 Use of Premises,,,,,,,,,,,,,;,,,;, ,,,,,,,,,,,,,, 6.16. 6.18, 6,30.2.4 Utility owners ...........................¢, 13, 6.20, 7.1-7.3, 13.2 Utilization, Partial ...... _............ 1.28. 5.15, 6.30.2.4. 14.10 Value of the Work .................. ..... :............... ......... ..11,3 Values, Schedule o[...... ......................Z.6. 18-2.9, 14.1 F.1CDC GENERAL 60N'Dt71ONS 1910--9 (1990 EDITION) WICITY OF FORT COLLINS MODIFICATIONS (REV 9l99) Variations in Work --Minor Authorized .......... ................... ._....,, 6.25, 6.27, 9.5 Article or Paragraph Number Visits to Site --by ENGINEER,,,,........_ ...................... 9.2 Waiver of Claims --on Final Payment. ............ .... _..14.15 Waiver of Rights by insured parties..................5.11, 6.11 . Warranty and Guarantee, Gencral--by CONTRACTOR................................................0.30 Warranty of Title, CONTRACTORS ........................14.3 Work — Access to.. ............................_...................... 13.2 byothers............................................................... 7 Changesin the.....................................................10 Continuingthe .......... .................. ......................0.29 CONTRACTOR May Stop Work or Terminate ............................................... 15.5 Coordination of. ....... .._........... ................__..... 7.4 Cost of the.................................................1 i * l 1.5 definition of, .......... I ......... I ....................... . .....1.43 neglected by CONTRACTOR............................13.14 otherWork., ..................................................... .... 7 OWNER May Stop Work .............. _................. 13.10 OWNER May Suspend Work ,,,,,,,,,,,,,,,,,,,13.10, 15.1 Related, Work at Sitc.................................... 7.1-7.3 Startingthe ....................................................... 2.4 Stopping by CONTRACTOR.... I ........................ 15.5 Stopping by OWNER ................................. 15.1-15.4 Variation and deviation authorized, minor ........ ...3.6 Work Change Directive -- claims pursuant to ............................................. 10.2 definition of_ ...... ............1.44 principal references to., ....................3.5.3. 10.1-10.2 Written Amendment -- definition of.....................................................1.45 principal references to..............1.10. 3.5. 5.10,15.12, .........................6.6.2, 6,&2, 6.19, 10.1, 10A, ,_______.,.,....,._,,, 11.2, 12A. 13.12.2, 14.7.2 Written Clan ftoalions and Interpretations, .................................. 3.6.3, 9.4, 9.11 Written Notice Required — by CONTRACTOR............................1.1, 9.10-9.11, ........................................... 10.4. 11.2. 12.1 by OWNER .................... 9.10-9.11, 10.4, 11.2, 13.14 �. GICDC GENERAL CONDMONS 1910.3 (1990 EDITION) .1 CITY OF FORT COLLINS MODIFICATIONS MV 9199) SECTION 00500 AGREEMENTFORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed -i II0 LJ • m • (This page Icft blank intentionally) EICDC GENERAL CONTHTIONS 1910.9 (1990 EDInON) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) GENERAL COMMONS ARTICLE 1-DEFINITIONS Wherever used in these General Conditions or in the other 'Contract Documents the following .terms have the meanings indicated which are applicable to bath the .singular and plural thereof'. LL AnUenda--Written or graphic instruments issued prior to the opening of Bids which clarify, corrector change the Bidding Requirements or the Contract D=mc a 1.2. Afreemenr-The written contract between OWNER and CONTRACTOR covering the Work to be performed. other contract Documents are attachedtothe Agreement .and made a part thereof as provided therein. 1.3. Application for Payment -The form accepted by ENGINEER which is to be used by C.ONTRACfOR in requesting progress or final payments and which is to he accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos-Anq' material that contains more than one ,Percent asbestos and friable or is releasing asbestos fibers mto the am above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid -The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Biddurg Doctanents-The advertisement or invimwon to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including at Addenda issued prior to receipt of Bids). 1.7. Bidding Requimments--The advertisement a invitation to Bid. i niauclions to bidders, and the Bid form. I.S. Bards-performame and Payment bonds and other instrmnents of security. 1.9. Change Order —A document recommended by INGINMIR, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Wort:, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Documents -The Agreement Addenda (which pertain to the Contract Documents), CONfRACTOR's Bid (including documemawon Raanpanyithg the Bid arid any post Bid documentation submitted poor to the Notice of Award) when attached as an cdlvbk to the Agreement, the Notice to Proccod, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the FJCDCGE4ERN. CONDITIONS 1910-9 (1990 Edtim) xdCITY OF FORT COL11M MODIFICATIONS(REV 4R000) same are more specifically identified in the AgreemetiL together with all Written Amendments, Changc.Orders, Work Change Diredivq Field Orders and I NIGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5,. 3.6.1 and 3.6.3 on or alter the Effective Date of the. Agreement. Shop Drawing 'submitmis approved pursuamto paragraphs. 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1 and 4.2.2 are not Contract Documents. 111. Contract Price -The moneys payable by OWNER to CONTRACTOR. for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract Times -The numbers of days or the dates stated in the Agreement (i) to achieve Substantial Completion, and (ii)to complete the Work so that it is ready for final payment as evidenced by bNGMER's written recommendation of final payment in accordance with pzmhgraph 14.13, 1.13. COArMC70R-The person, Trim m eorpomtton with whom OWNER has entered into the Agreement 1.14. defcttve-An adjective which when modifying the wad Work refers to Work that is unsatisfactory, faulty a deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents or has horn damaged print to ENGINEER's recommendation of final paymcu (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. ➢ravings --The drawings which show the scope, 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 Contract Documents. Shop drawings am not Drawings as so defined 1.16. Erective Dale 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 sighed and delivered by the hhst of the two parties to sign and deliver. 1.17. ENGINEER -The personfim or corporation named as such in the Agreement. 1.18. ENGINEER's Consultant- A person, firm or corporation Itav'ug a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respectto the Project and who is identified as such in the Supplementary Conditi s 1I9. Field 'Order -A wrium order issued by ENGINEER which orders minor changes in the Work in accadancewith pan igrathh 9.5 but which does not involve a change in the Conuactprrice or the Contract Times. 10 f �J 0 1 20. General Requirements, Sections of Division 1 of the Specifications. I.N. Hazardoru' Waste -The term Hazardous Waste shall have the meaning provided inn -Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended From time to time. 122.a. Laws and Regulations; Lars or Regulations —Any .and all applicable laws, rules, rcgulations, ordinances, ,miles and .orders of any and all governmental bodies, agencies; audarlties and courts having imisdiction 132.b. Leeal llol/dmw--shall be those holidays observed by the City Of Fort Collins. 1.23. Liens —Liens, charges, security interests or encumbrances upon real property or personal property, 1.24. Milestone --A principal event .specified in the Contract Documents relating to an intermediate completion dale or time, prior to Substantial Completion of all the Work. 1.25. Notice ofAsrwd—A written noticc.6y OWNER m .the apparent successful ti)ddcr stating that upon compliance by the apparent suarssful bidder with the mtditions ,precedent enumerated therein, within the time specified,. OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the .date on which the Contract Times will commence to nun and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations.. under the Contract Documents 1.27, OWNER —The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into.the Agreement and for whom the Work is to be provided 1.28. Partial Utilization —Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Woe,- 1.29. PCBs —Polychlorinated biphenyls. 130. Petrolatum --Petroleum including crude oil m any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other nori-Hazardous Wastes and crude oils ... . 1.31. Proiect—The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract DocumentA 1.32.e, Radioactive Material —Sauce; special nuclear, or byproduct material as defined by the Atomic Energy Act of EXL)COENFRM, CONDIT16Mi 1910-9 0MEditkn) w/ O TY OF FORT COLUIda MODIFICATIONS (M V In 00% 1954 (42.USC Section 2011 et seq.) as amended from time to time. 1.32.b. Reerdar Worn Hors -Regular working hours are defined as 7:00am. to 6:OOpma unless otherwise specified in the General Requirements 1.33, Resident Araiect Representative -The authorized representative of ENGINEER who may be assigned to the site or any part thereof 1.34. Srrmples—Physical examples of materials, equipment, orworkmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged 1.35. Shop Dmxings—All drawings; diagrams, illustrations, schedules and other data or information which arc specifimlyly prcparcd or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Spec(hcatiort=Chose portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto 1.37.. Subcontractor —An individual, firm orcorporation having a direct contract with CONTRACTOR or with any other Subcontractor for the perfomnano: of a part of the Work at the site. 1.38. Substantial Completion —The Work (or a specified part Thereat) has progressed to the point where, in the opinion o ENGINEER as evdenced by ENGINEER's definitive certiLme of Substantial Completion, it is sulTciemly complete, in accordance with dic Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when thc Work 'is complete and ready for fuial payment- a; evidenced by ENGINEER'S written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Stipplemenlwy Conditions —The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier —A manufacturer, fabricator, supplier. distributor, inaterialmsn or vendor having a d rect contract with CONTRACTOR or with any Subcontractor to furnish materials or,equipment.lo be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Underground Facilities —Alp pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachmcros, and any encasmtents containing such facilities which have been installed underground to famish any of the following services or materials: electricity, gases• steam, liquid petroleum products, telephone or other commumcalimir, cable televisimr, sewage and drainage removal, traffic a other control systems or water. 1.42. I/mt Price Work -Work in be paid for on the basis of unit prices. 1.43. Work -The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Wort: includes and js the result of performing or furnishing labor and f irrushitg and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all at required by the Contract Documents. 1.44. Norte Change Direetive-A written directive to CONTRACTOR issued on or alter the Effective Dale of the A cement and signed by OWNER and recommended, by ENGINEER ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen Ph ysical curaditions under which the Work is to be performed as provided in pamgmph4.2 or 4.3 or to miagencics under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties export that the change directed or documented by a Work Change Directive will be imorpomted in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Rice or Contract Times as provided in paragraph 10.2. 1.45. Written Amendment -A written amendment of the Contract Documents. signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengincering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTTCLE 2-PREI1IIINARY MATTERS Delivery of Bonde, 2J. When CONTRACTOR delivers the executed Agreements to OWNER CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR. may be required to furnish in accordance with paragraph 5.1. CopimofDoeaments• 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherise specified in the Supplementary Conditions) of the Contract Documents as are. reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commencement of Contract Times; Notice to Proceed' 2.3. The Contract Times will commerce to rum on the thirtieth day after the Effective Date of the Agreement, or, FJCDCOENERAL COtC)IIIONS 19105 (IM Edtm) of CITY OF FORT (AWNS MODMCATIONS (REV 4lnasa) if a Notice to Proceed is given. on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time witltnr thirty days alter the Effective Date of the Agreement r_ __ _ .n -the n._.ra_, T:_.._ of-Rid-opmi*rV r-the4hiraeih-da"fter"-Effmtiw4ate oFOteAgreement; whiehbvu-0atcaseerliu: Starting the (York: 2.4. CONTRACTOR shall start to perform the Wok on the date when the Coranuct Times commence.to run, but no Work shall be done. at the site prior to the date on which the Contract Times commence to run Before Starting Consiruuion: 2.5. Before undcnaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity a discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any cmflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit, to ENGINEER for review: 2.6..1. a preliminary progress schedule indicating the limes (numbers of days or dates) for starting and completing+ the various stages of the Work, including any Milestones specified in the Contract Documerta: 2.6.2. 'a preliminary, schedule of Shop Drawing and Sample submittals which will list each required Submittal and the times for submitting, reviewing and processing such submittal; 262.1. In no case will a schedule be acceptable which allows less than 21 calendar days fa each review by TJaeireer. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Rice and will subdivide the Work into canponent pans in sufficient detail to serve as the basis fa progress payments during corsuuctioa Such prices Will .include on appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR and OWNER shall each deliver to the other OWNER with copies to meh-additional iitswod identified-inNu Supplementary-fenditiore 6NGINEF7L 0 0 u 0 -certificates of insurance (and other evidence of insurance Ayli'A either -f -hearroasena ttauatcd ad ffHw by at 'no which CONTRA o is reyuved to purchase amid meimain in ecsarr�rac with fromgraphs 5.4; S.C.,ernd5-3. Prmanstmetion Conference: 2.8. Within twenty days after the Contract Times son to rim, but before any Work at the site is started, a conference attended: by CONTRACTOR. ENGINEER and others as appropriate will be held to establish a working u10M.nding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, proccdmes for handling .Shop Drawings and other submittals Imcocssing Apphwtnons for Payment and maintaining reVirecirecords InitlafyAccepiable Schedules: 29. Unless otherwise provided in the Contract Documents, 0 __ _ ,._ _ __ _r:c_ ram. Applicatienfef yniem beforeanv wort: at the site begins. a -conference _attended by CONTRACTOR, ENGINEER and others as a mpriate dcsienated by OWNER, will be held m rwiew form acceptability to ENGINEER as provided balow the schedules submitted in accordance with UUN I r(An l VI( Snail nave an aamtroml ten Cays to make corrections and adjustments and to 6omplete and resubmit the schedules No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progressschedule will be acceptable to ENGINEER as providing an orderly progression of the Wok to completion within any specified Milestones and the Contract Times, but suchaomptance will neither impose on ENGINEER responsibility for the sequencing. scheduling o`progrcss of the Work nor interfere with or relieve CONTRACTOR from CONTRACCOR's full responsibility therefor. CONIRACI'OR's-schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workablearrangement for reviewing and processing the .required submittals CONTRACTOWs schedule of values will be acceptable to ENGINEER as to form and substance. .ARTICLE 3-CON'1RACT I)OCUMENTS: INTENT, MIENDING, REUSE Intent 3.1, The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerrung'the Work. The Contract Documents me complementary; what is celled far by me is as binding as if called for by all. TheContract Documents will be construed in accordance with —the law of the place of the project. 31 It is the intent of the Contract Documents to V6COENMe CONDITIONS 19108 (1990 E(him) w/ (3TY OF FORT COLD P6 MODIFICATIONS (REV 4R000) describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any, Wok, materials ca equipment: that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended resuli will be frrnished and performed whether or not specifically called for. When words or phrases which -have a well-known technical or comwetiort industry or trade meaning are used to describe Woo:_, materials or equipment, such words or phrases shall be "interpreted in accordance with -that meaning._ Clarifications and intapsetatiom of the Contrail Documents shall be issued by ENGINEER ns provided in paragraph 9.4. 3.3. Reference to Standards and Specifications of Technical Societies; Reporh'nj and Reiolving Discrepancies 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organi ration or association, or to the Laws or Regulations of any governmental -authority, whether such rcfdrencc be specific or by implication, shall mean the .latest standard, specification, manual,code or Laws or were no Bids), except as may be otherwise stated in the Contract Documents. 33.2. It, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity m discrepancy within the .Contract [Documents or between. the Contract -Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, spec lic ,tion,.manual or code or of arty instruction of any Supplier referred to in paragraph 6.5. CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Wok affected thereby (except in an emergency as authorized by paragraph 6.23) until an -amendmentx suppplan ent to the Contract Documents has been issued by one of the methods' indicated in paragraph 3.5 or 3.6; provided However, that CONTRACTOR shad not be liable to OWNER or ENGINEER for failure to report any such conflict. error, ambiguity or: discrepancyunless CONTRACTOR knew ;m reasonably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragmph3S or 3.6, the provisions of the Contract Eimuments shall lake precedence in resolving any conflict, error; .ambiguity or discrepancy between the Provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, .specification, mamral, code cr instruction (whether or not specifically incorporated by reference in -the Contract Documents); or 3.3.3.2, the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an arlerprctotion of the provisions of the Contract Documents would result. in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Document% nor shall it he effective to assign to OWNER, ENGINEER a any of ENGINEER's Consultants, agents a employees any duty or authority to supervise or direct the famishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Doenments 3.4. Whenever in the Contract Documents the tams "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used or the adjectives "reasonable', "suitable'. "acceptable". "proper" or "satisfactory" a adjectives of like effect or import are used to describe a requuanent, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general. the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as, shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGTNEER any duly a audwirity to supervise or direct the furnishing a performance of the Work or any duty a authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amending andSLppiementing Conbuct Documents. 3.5. The Contract Documents may be amended to provide fa additions. deletions and revisions in the Work or to modify the terms and conditions thereof in one or mat of the following ways: 3.5.1. afarntal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph IOA� or E;ICDCOV41JUI COMMONS 191" (199a E6tim) W aTY OF FORT COMM MODIFICATIONS (KEV UNDO) 3.5.3. a Work Change Directive (pursuantto paragraph 10:1). 3.6. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorised, move a more of the following ways: 3.6.1.. A Field Order (pursuant to paragraph 9.5). 3.6.2. ENGINEER's approval of a Shop Drawing or Simple (pursuant to paragraphs 6.26 and 6.n, or 3.6.3.. ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4). Reuse of Docnmenn'.' 3.7: CONTRACTOR and any Subcontractor or Supplier a other person a organization performm$ or furnishing any of .the Work under a direct or indirect contract with OWNI-R (i) shall Trot have or acquire any title to or ownership rights in any of the Drawings, Specifications a other documents (a copies of any thereof) prepared by or hearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawing, Spmificatioto, otthher documents or copies on extensionsof the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER ARTICLE 4—AVAH.ABILTTY OF LANDS; SUBSURFACE, AND PHYSICAL CONDITIONS; REFERENCE POINTS Atnilability of Lands: I. OWNER shall famish a indicated in the Contract xuments, the lands upon which the Work is to be rformed; rights -of -way and easements for access erom, and such other lands which are designated for the OWNER shall identify any enctuabranees a restrictions not of general applicaumr but specifically related to use of lards so furnished with which CONTRACTOR will have to canply in perforru g the Work. Easements for permanent structures a permanent changes in existing facilities will be obtained and paid fa by-OXV14M unless otherwise provided in the Contract Documents. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount a extent of any adjustments in the Corwact. Price or the Contract Times as a result of my delay in'OWNIM's furnishing these lands, rights -of - way a easements, CONTRACTOR may make a claim themfa as provided in Articles I I and 12. E 9 • CONTRACTOR shall provide.for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and. -equipment. A.2. Subsurface and Physical CenfGNonr. 4.2.1' Reports and Drnvings.'. Reference is made to the Supplementary Conditions for identification of. 4.2.1.1. Subsurface Condifiars: Those reports of explorations and teats of subsurface conditions at or contiguous to the site that have been utilized.by ENGINEER in preparing the Contract Documents: and 4.2.1.2. Piouical Colrh'ri m: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilizal by ENGINEER in preparing the Contract Doeimtents. 4.2.2. Limited Reliance by, COYMCMR Authorized' Technical Data: CONTRACTOR may rely upon the general accuracy of tlx: "[cchnica(dam" contained in such report; and drawings, but such reports and drawings arc not Cohtmd I)aaments. Such technical data is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR may not rely upon, or make any claim against OWNER, ENGINEER or any of hNGINEER's Conadtaras with respect to: indicated in the Convect Documents; or 4.2.3.4. is of an unusual neltue, and diff= materially from conditions ordinarily encountered and generally recagrand as inherent in workof the character 'provided for in the Cmtmc[ Documenti•,'then CONTRACTOR shall, promptly immediately after becoming aware thereof .and before further disturbing conditions affected thereby _a performing any Work in correction therewith (except in m emergency as Matted by paragraph 6.23), notify OWNER and ENGINEER m wnturg about such condition. CONTRACTOR shall net further disturb such conditions or perform any Work in connecticd therewith (exmptas aforesaid) um JI receipt of written ordde'rr to do so. 4.2.4. ENGINEER'' Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of hNGINEER's findings and conclusions. 4.2.5. Possible Contract Documents Change: If ENGINEER concludes that a change in the Contract Docum ents is required as a result of s condition that meets one or more of the categories in paragraph 4.2:3, a Work ChangeDirective or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change 4.2.2.1. the completeness of such reporfs,and 4.2.6. Possible Price and 7Wnes A4#uspnents; An drawings for CONTRACTOR's purposes, equitable adjustment in the Contract -Price or in the including. but not limited to, arty aspects of the Contract Timex or both, will be allowed to the extent that • means, methods, techhiqucs, sequences and the existence of such uncovered orrevealed condition procedures of construction- to be employed by causes an increase or decrease in CONTRACTOR's cost CONTRACTOR anal safely precautions and of. or time required for performance of the Work; subject, programs incident thereto, or however, to the following: 4.2.2.1 other data; interpretations, opinions 4.2.6.1. such condition must meet any one or and information contained in such reports or shown more of the categories described in or indicated in such drawings, or paragraphs 4.13.1 through 42.3A, inchisivc, 4.2.2.3. .any CONTRACTOR interpretation of or conclusion drawn Gan any "technical. data" or any such dam,interpretations, opinions or information. 4.2.3. Notice: .of Differing .Subsurface or PiVsical Condifims- If. CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered ar revealed either. 4.2.3.1. is of such a nature as to establish that any "technical data' on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or 4.133. dillers materially from that shown or EJCDC GENERAL CONDITIOM 1910.8 (1990 Editkn) wl CITY OF FORT COLUNS MODIFICATIONS (REV 42000) 0 4.2.6.2.. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of tar a condition preadmt to mtidement to any such adjustment; 4.2.6.3. with respect to Work that ispaid for on a'Unit price Basis, any adjustment in Contract Prict will be subject to the provisions. of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price ear Times if; 4.2.6.4.1. CONTRACTOR knew of the existence of such condition at the time CONTRACTOR made a foal commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; m 4.2.6.4.2. the existence .of such condition could reasonably have been discovered or revealed as a result of any examination, investigation,, .cvpdomtior4 test or study of the site and comiguous areas required by the Bidding Requirements or Contract Docamrnts to be conducted by or for CONTRACTOR.prior to CONTRACTOR's making such final commitment; or 4.2.6.4.3. CONTRACTOR failed m give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR an unable to agree on mtidement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles I I and 12. However, OWNER ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any, claims, cosLy, losses or damages sustained by CONTRACTOR on or in connection with any odor project or anticipated project. 4.3, Physical Condidons—Underground Facilities 4.3.1. Shown or hrdcare& The information and data shown or indicated in the Contract Documents with rt uous to toexisting Underground Facilities Xat or ethe site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary �Condiiions: 43.1.1. OWNER and ENGINEER shall not be responsible for the accuracy m completeness of any such information or data; and 43.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for: (i) reviewing and. checking all such information and data, (u) locating all Underground Facilities shown or indicated in the Contract Documents•(iii) coordination of the Work with the owners, of such Underground Facilities during canstruclion, and (iv)the safely and protection of all such Underground Facilities as provided in paragreph6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or huhcated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown m indicated in the Contract Documents, CONTRACTOR shell, promptly Immediately after becoming aware thereof and be me further disturbing condition affected thereby a lxrforniing any Work in connection therewith (except in an emergency as required by paragmph6231 identify the owner of such Underground Facility and OCOCOENERAL CONDITIONS 19104 (1990 Eelitim) w/ CITY OF FORT j)oLrrNS MODIRCATIONS(REN 41200a) .give written notice to that owner and to OWNER and ENGI1,MER INGINEER will promptly review the Underground Facility and determine the extara, if my, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive m a Change Order will be issued as provided in Article 10 to reflect and document such consequences, During such tune. CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR thalli may be allowed an incase in the Contract Rice or an extension of the Contract Timers, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have lxcn expected to be aware of or to have anticipated If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles I I and 12. However, OWNER, ENGINFF,R and FNGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses m damages incurred or sustained by CONTRACTOR on or in connection with any other pmlect or anticipated project. Reference Pobas., 4.4. OWNER shall provide engineering surveys m establish reference points for construction which in ENGWEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed a requires relocation because of necessary changes in grader m locations. and shall be responsible for the accurate replacement or relocation of 'such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs; Pebolerrm, Hazardous Wade or Radioadive Material: ASA. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications m identified in the Contract Documents to be within the scope of the Woo: and which may present a.substantial danger to persons or property exposed thereto in connection with the Work at the, site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible • 0 • EJCDCOENEUICONOITIONS191"(1990E(fitim) - w/ CITY OF FORT COLEINS MODIFICATIONS (PE V42000) - 0 ARTICLE 5—BOPIDS.AND INSURANCE P, formanee, Payment tindOther Bonds. 5.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price 0 security for.the faithful performance and ppaayment ofallCONTRACTOR's obl' ations under .the Contract Documents. These Bonds shall remain in effect at least until one year, after the date when final payment becomes due, except its provided otherwise byy Laws or Regulations or by fix Contract Laments. CONI'RACI'OR shall also furnish such otter Bonds as we required by the Supplementary. Conditions. -.All Bonds shall be in the form prescribed by the Contract Docunnenli except as provided otherwise by Laws or Regulations. and shall be executed by such sureties as we named in the current list of "Canpanics. Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circulw570 (amended) by the Audit Stag Bureau of Government Financial Operations, U.S. Treasury Department All Bonds signed by. an agent must be accompanied by a certified copy of such agent's authority to act- 5.2. If the surety on any Bond famished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any Mate where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1. CONTRACTOR shall within trn days thereafter substitute another Band and surety, both of which must be acceptable to OWNER. 5.3. licensed Sureties and Insurers; Cmificatu of Insurance. 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or -CONTRACTOR shall be obtained from surety ce intsrance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages an required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the. Supplementary Conditions 5.3.2. CONTRACTOR. stall deliver to OWNER with copies to each ailditional insured identified in the Supplementary Condition% certificates of insurance (and other evidence of .insurance requested by OWNER or any other additional insured) which CONTRACTOR'sLlabilhy lasurance: 5.4. CONTRACTOR shall purchase and maintain such liability and other isonmet as is appropriate for the Work being performed and furnished and as will provide prolecuon from claims set forth below which may ease out Of or result firm CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed',or furnished by CONTRACTOR any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of than may be liable: 5.4.1. claims under workers' compensation; disability benefits and other similar employee benefit acts; 5.42, claims for damages because of bodilyy injury, occupational sickness or disease, Or okath of CONT RACEOR's'employees; 5.4.3. claims for damages because of bodily injury; sickness or disease, or death of any person other than CONTRACTOR's employees; 3A-0-ohnims-for-damages-insured-by-astomery axhreaFl}rele--rtedao4ka eymenL_ef_uchpffs n by ems., _ _ 5.4.5. claims for damages, other than to the Work itself because of injury to a destruction of tangible property wherever located, including loss of .use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of irsumnce so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respell to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9, include as additional insureds (subject to any customary exclusion in respect of professional liability). OWNER, ENGINEER ENGMER's Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insreds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supplcmenary Conditions or required by Laws or Regulations, whichever is greater, 5.4.9. includecompletedoperationsirsurence; E)CDCOENERAL COMTIONS 1910 8 (1990 E(Eticn) wiON OF FORT 0DILIM MODIFICATIONS (REV 4/1000) 5.4,10. includecontractual liability insurance covering CONTRACTOR's indemnity -obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be emcclled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to wham a onlificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR'mayy be correcting. removing a replacing defective Wak in accordance with paragraph 13.12; and 5.4.13, with refit to completed operations insurance, and any, insurance coverage written on a claims -made basis, remain in effect.fer at least two years after final payment (and CONTRACTOR shall famish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER ,and any such additional insured of continuation of such insurance at final payment and one year thereafter). ONNER's Liability Insurance: 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's gptiorL may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operatiors under the.Contract Documents Property Insnuance: SG.—Ilales-othorwisa-feovided-irrtha-SuppMmenmry C-onditions-6WNER-51m}t-purchase�nmi-eam' M* o€-the-ferg-reptac,rmera-wst-iheraof-(ntbjad-to-such dadudible—amounts—es—any—ter—prow<Lxt—'err—the Supplementary-Coretitiom-or-required--l��Lewa-anti RegnMnons>.-"F#nis�uswonoa-ants: 3;6: t—inalt)tle—the—imeresls—of—OWNS& Q4all'il Consul', entities-identified-in-the-Suppkmemary-F,ondiliorrs eeehoFwhan-isdeemedtohavrartirtsurebk-interr� and-shall-ba4isted asmi-asuredor-additimal-insred5 3:6.3-fie-written-on-e-l3uildds-Risk=ell-r+sk=or damage t the --following --panne=-fv , ',�a�terdad • 0 SECTION 00510 NOTICE OF AWARD DATE: May 30, 2014 TO: A-1 Chipseal Co. PROJECT: 7417 Asphalt Surface Treatment Project OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid for the above project has been considered and will be renewed. You are the apparent successful Bidder and have been awarded an Agreement for 7417 Asphalt Surface Treatment Project — 2014 Renewal. The Price of your Agreement is One Million Twenty -Nine Thousand Five Hundred Fifty -Six Dollars and Five Cents ($1,029,556.05), which is the sum of the Phases 1 and 2. Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by June 15, 2014. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. Citv of F4 dollin OWNER By: Gerry Paul Director of Purchasing & Risk Management eoverage-1haR--vnni�lism-encl-ntaFiwous-mischia& 5.6.4-include-expenses.-incurfed=in-dr epeir-or Lmait�f-any-inaured'pmpeity-(indudi+g-but-not,.. A e.e.es--ond she:ees--of-i: 4--and wehiteets} caA another-locationi}ut-waa afire led in on provided-Fhat-auaH-mnt�sL,nndegni(x+tent-havekean. -6A6E4};6E�aad .ie 5.6.5. m- intained-in a leel-until-fatal-pnyment-is nmd-unle odter': a.-�.;'wise-e�eed--te- in�vnting-hy -wiFk abwsitt,.n notice Eier+el i eater • 5.9. OWNER skill not be responsible for purckising and maintaining any property insurance to protect the interests of CONTRACTOR, Subokmctors or others in 540-1f GOFJTR 46TOR-regnctis-in-writing-Ihat-olltef spas III Nxre<r6wd1-beelw ' {e Q.r-Order `r• »- -ortdmept. Poia-�•e 10 EICDCOENERN.CONDITONS19108.(1990Editim) WICTTY OF FORT COL611.6 MCDIFICATiom (REV 4Q000) 0 comn+ai>cemsnt-.of-the-Wert:-aFtlw-c[te; ©WNQi shell -in writing advise against—C-ONERAGTOK—*^.Sabc tmctom otLcers,�ireotorsc-employees-end�gems-oFeny-of them; Cor 3-1-1.2.1. 1� due te;iuse,�m----- iorr}ass d-t+se-or-other onmwguie�E'wl-le+sv�-eliter+�ing beyond -direct -physical -less -or -damage -to erisingouFof of rrulting�frort+-fireor-caber-peei}, aMuher- not-insured-byEV94HR,aml .... FBYK19R4i0-LSO Effect tha irl4h -eve+l Pa oor�equemie{--Icas` -tho-'it+sufer,-will-Mvo-t+o-ri�+L^.-eE recovery-egae-,d-any-of-GONT'-RAGT8R_ Sube tmctom Receipt andApplication oflasnrance Proceeds 5.12. Any inured loss under the policies,of insurance. required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear,. subject to the requirements of any .applicable mortgage clause and of pumgraph 5.13. OWNER shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account (hereof and the Work and the cast thereof ci, by an appropriate Change Order or Written Amendment, 5.13. OWNER as fiduciary shall have paver to adjust and settle any Iris with the insurers unless one of the parties in interest shall object in writing within fiftcon days after the occurrenceof loss to OWNER's exercise of this power. If such objection be mado. OWNER w fiduciary shall stake settlement with the insurers in accordance with such agreementas the patties in interest may reach If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjustmnd sank t}ce loss with the insurers • ieueres¢-8W?IER-n tduoiery-sMll--give-bend-£or-t{ne Acceptance ofAandr and Irusumnce,• Option to Replace: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the Bends or insurance required to be purchased and maintained by the elliet--party CONTRACTOR in accordance with Article 5 on the basis of noneonfommmnce with the Contract Documents. the Partial UtiG7ntion-Property Insurance: 5.15, If OWNER fords it necessary, to occupy or use a portion or portions of the Work prior to Substantial EJCDCOENEM CONDITIONS 191" (IM E61im) w/CITY Or FORT COLUNS MODIFICATIONS MV 4nM) Completion of all the Work, such use or occupaacymay be accomplished in accordance with paragaph 14.10, v Wed that no such use or occupancy shall llcommencecommce More the insurers providing the property ursrrance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not becancelledor permitted to lapse on account of any such partial use or cocupancy. ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES .Supendsion and Superintendence: 6.1. CONTRACTOR shall superviso, :inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall he solely rcspomible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be respo isiblc for the negligence of others in the design or specification of a specific meats• method technique, sequence or procedure of construction whichis shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to sec that the completed Work complies accurately with the.Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordirrery circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labar, Dlalerials and Equipment: 6.3. CONTRACTOR shall provide competent• suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents CONTRACTOR shall at all times maintain good disci line and order at the site. Except as otherwise required for the safcty, or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwiseindicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent ydvrn alter prior written notice to ENGINEER CONTRACTOR shall submit requests to the ENGINEER no Icss than 48 hours in advance.of any Work to be Performed on Selurdav Sunday Holidays or outside the Regular Workm¢ Haas. 0 • 0 6A.. Unless otherwise specified in the General Requirement-, CONTRACTOR shall furnish and assume Cull responsibility for all materials, equipmcnt, labor, transportation, construction equipment and machinery, tool; appliances, CueL power, light, last, telephone, water, sondary facilities, [ernpamry facilities and all other facilities end. incident necessary for the furnishing, performance; testingstart-up and completion of the Work. 6.4.1. Rachasvic Restrictions: CONTRACTOR must coact, with the Citv's purchasing restrictions. A copy of the resolution§ sic available for review in the ofbces of the purchasing. end Risk Marrcigement Division or the Cilv.Clerles oRice. 6.4.2. .Cement Restrictions' City of Fort .Collins Resolution 91-121 re uses that suppliers and roducers o cement era products eomammir cement to certify that the cezrnt was not madein cement kilns that bum hasardous ivaste as o fuel 6:5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the bencra of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of -materials and equipment. All materials and equipment strait ne appucµ unsureµ connmtea, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, cscept as otherwise provided in the Contract Documems: Progre Schedule: • G.G. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to theanent indicated in pamgmph2.9) proposed adjustments in the progress, schedule that will not change the Contract Times (or Milestones).., Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto: 6.6.2.. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Sabstitutesand "Or-Egad"Items 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, thespecification or description is intended to establish the tym_. function aril quality required. Unless the specification or description EJCDC OENERAL CONDIMOM 1910-8 (1990Edtim) 12 w/ CITY OF FORTOOLLIM MODIFICATIONS(REV4R000) 0 contains or is followed bywords reading that no like equivalent or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1.'Or-EguaM If in ENGINEER's,sole discretion sin item of material or equipment pmposul by CONTRACTOR is functionally equal to That named anti sufficiently similar so that no changein related Work will be roquaal, it may be considered by RGINEER as an "or -equal" item. in which case review and approval of the proposed item may; in ENGINEER's sole discrction, 6c,accomplishcd without compliance with some or ell aC the requirements for ;acceptance of proposed substhire items. 6.7.1:1. Subslihde!tents: if in ENGINEER's sale discretion an item of material or equippmmens puoposed by CONTRACTOR does not yuahty as an "or -equal" item under subparagraph'6.7.1A, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as providcd below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER .may decide is appropriate under' the circumstances. Requests for review of proposed substitute items of material a equipment will not he accepted by ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to furnish or use a substitute item of material or equipment. CONTRACTOR shall rust make .written application to ENGINEER foracceptance thereof; certifying that the proposed substitute will perform adequately the functions and achieve the results called for by thegeneral design, be similar in substance to that specified and be suited to the same use as lint specified The application will -state the extent, if arty, to which the evaluation and acceptance of the proposed 'substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change' in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on .the Project) to adapt the -design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subJect to payment of any license fee or royally. All variations of the propposed substitute from that ,specified will be identified in the application and available maintenance; repair and'replacement .service will be indicated The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by 1he resulting change, oil of which will be romidaed by ENGINEER in evaluating the proposed substitute. ENGINEER ma reyuueou CONTRACTOR to furnish additional data abt the proposed substitute 6.7,1.3. COArMCTOR's Expense: All data to be provided by CONTRACTOR in support of any proposed "or<qual' or substitute item will be at CONTRACTOR's expense. 6.7.2. Subspnrtr Conrtnrction Meihods or Procedures: If a specific means, method, technique, sequence or procedure of constriction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may famish or utilize a substitute means, method technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow INGINEF.R, in ENGINEER% sole discretion, to determine that the substitute prigosed is equivalent to that expressly called for by the Ccemmct Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.11 6.7.3, Engineces Evaluation: E,NGINF:F.R will'I, allowed a reasonable time within which to evaluate each proposal or submitml made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the solo judge of acceptability. No "or -equal" or substitute will be ordered, installed or ulilimed without ENOEJEER's prior written acceptance which will be cvideno:d by either a Change Order or an approved Shop D", g. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any 'or -equal" or Substitute. ENGINEER will record time required by ENGINEER and ENGINEER% Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuam to paragraphs 6.7.1.2 and 6.7.2 and in making ebarges in the Contract Documents (a• in the provisions of any other direct contend with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR. CONTRACTOR shall reimburse OWNER far the charges of ENGINEER and ENGTNEER's Consultants for evaluating each such proposed substitute item. 6_8. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall. not employ any Subcontractor. Supplier or other person or organvatio n (including Dose acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether Initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. .CONTRACTOR shall not be requital to employ, arty Subcontractor, Sttpplea a other person or organiauota to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. WCDCOENERA6 CONDITIONS 1910 8 (IM Edtim) w/CITY OF FORTCOLUPS MODIFICATIONS OLEV AR000) 6.9. CONTRACTOR shall perform not less than 20 piarcent of the Work with its own forces (that is without subcontractina) The 20 Daunt requirement shall be understood to refer o the Waic a value of which totals not less than 20 percent of the Contract Price. 6.8.2. 11-the-Supplementary-4ondirims Diddin Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNER in-ndvenoe-aWre-specified date prior to the Effective Date of the Agreement for accpptance by OWNER and ENGINEER, —and -if nr or ENGINEER No acceptance by OWNhK or ENGINEER of any such Subcontractor. Supplier or other person or orgoniation shall constitute a waiver of .any right of OWNER or ENGINEER to reject defective Week 6.9.1. CONTRACTOR shall be fully responsible to OWNER. and ENGINEER for all ads and omissions of the Subcontractors, Suppliers and other persons and organizations performing or fumislii ng any of the War: under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responvble, for CONTRACTOR', own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any.such Subcontractor. Supplier or other person or orgamiation any contractual relationship between OWNER or ENGINEER and any such Subcontractor. Supplier or other person or organ iation nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to sec to the pe)anent of any moneys due any such Subcontractor. So or other person a organization except as may othatvise be required by Laws aryl Regulations. OWNER ME rrKwm may furnish to ern subcontractor supplier or other person Ur organiaticn evidence of amounts DOW to CONTRA(' OR in accordance with CONTRACTOR'S "Applications fit PavmML". 13 • 0 0 6.9.2. CONTRACTOR shall be solely responsible 'for scheduling and coordinating the Work of Subcontractors. Suppliers and .other persons and organiztions performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR CONTRACTORshallrequire .all Subcontractors, Suppliers and such other persons and organizations performing. or furnishing any of the Work to communicate with the,ENGINEL•R duough CONTRACTOR 6,10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 0.11. All Work performed for CONTRACTOR. by a So "clot or Supplier will be pursuant to an appprroppriate agrcement ween CONTRACTOR and the Sardraclor or Supplier which specifically binds the Subcontractor or Supplier to the .applicable tenni and conditions of the Contract Documents for the benefit of OWNERandfiNGINE'R. Whenavar-sn-such-nemament Patent Fees and Rotnfoas: 6:12. CONTRACTOR shall pay alllicense fees and royalties and assume all costs incident to the rase in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by Am. If a particularinvention, desigr4process; prodttctor device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any.license fee or royalty to others,' the existence -of -such rightsshall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted. by Laws and Regulations. CONTRACTOR shall Indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers: directors, employees, agents and other consultants of each and any of them from and agninst all claims, costs, losses and damagcs arising out of or resulting from any k5ingement of patent rights or copyrights incident to the use inork or the performance of the Wresulting from the incoryoration in the Work of any invention, design pierces, product or device not spcafied in the Contract Documents. 14 EJCDCOENERWCONDITIONS1910S(t990E(finim) wJ CITY OF FORT 001.11 NS MODIFICATIONS (REV 4 R 000) Permits 6.13. Unless otherwise pprrovided inthe,SupppPlementary Conditions, CONTRACTOR,shall obtain ardpay for all construction permits and licenses. OWNER shall assist CONTRACTOR, 'when necessary, in obtaining such Permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at die time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees_ 6.14. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work: Except where otherwise expressly required by applicable Laws .and Regulations; neither OWNER nor F.NGINF,ER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that ii is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting theaefran; however, it shall not be CONTRACTOR's prhnary responsibility to .accordance with Of 6.15. CONTRACTOR shall pay,all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with .the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15 1. OWNER is exempt Gan Colorado. State and local .Tales and use taxes 'on materials to be permanently me rated into the orojecl. Said taxes shag not be included inthe Comma Price. Address: -Colorado Department of Revenue State Caniml Annex 1375 ShermanStreet Deriver Colorado. 80261 Sales and Use Taxes for the State of Colorado Regional Transportation District (RTD) and cenein Colorado counties are collected by the State of Colomdo and are included in the Certification of Exemption All aoohq!"c Sales and Use Taxes (including State collected taxes), on any items other than construction and building materials ohvsically incorporated into the "'act are to be. id CONE RACI'OR and are to be included in appropriate bid items. (Ise of %entises: 6.16.. CONT'RACT'OR %hall confine construction equipment. the storage of materials and equipment and the opaatiom of workers to the site and land and areas identified in and permitted by the Contract Documentsand other land and areas permitted by Laws and Regulmioras rightsof-way, permits and easements, and shall not unseasonably encumber the promise% with construction oquipment a other materials a equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or arcs, or to the owner or occupant thereof or of any adjacent land or.meas, resulting from the performance of the Work. Should any claim be made by any such owner a occupant because of the performance of the Work, CONTRACTOR shall. promptly scale with such other party by negotiation or otherwise resolve the claim by arbitration or other d' utc resolution proceeding or at law.CON'CRACTOR she I, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER. ENGEVEER's Consultant and anyone d'uectly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of a reselling Gan any claim a action, legal or equitable, brought by arty such owner or occupant against OWNER ENGINEER or any other parry indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work G.17. During the progress of the Mill, CONTRACTOR shall keep the premises Gee from accumulations of waste materials, rubbish and other debris resultingfrom the Work At the completionof the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the. premises as well as all tools; aes, pplianc construction equipment and machinery and surplus materials. CONTRACTOR shall leave.the site clean and ready for occupancy by OWNER at Substantial Completion of the Work CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Oocuments. 6.18, CONTRACTOR shall notlmd nor permit any pan of any suuctnae to be loaded in arty manner drat will endanger the swctme, not shall CONTRACTOR subject any Part oI the Work it adjacent property to'sttcsscs a pressures that will enlarger it. Recard Documents: &CDC OETERAL CONDITIONS 19104 (1990 E(lilim) w/CITY OF FORT COLUrS MODDICATIONS (REV 411000) 6.19. CONTRACTOR shall maintain in a safe placeat the site one record copy of all Drawings, Specifications, Addenda, Written Amendments. Change Ordcrs. Work Change Daectives. Field Orders and written interpretations and clarifications (issued pursuant to pamgmph 9.4) in good order and annotated to show all changes made .during, construction These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference Upon completion of the Work, and prior to release of final payincid, these record documents. Samples and Shop Drawings will be delivered to ENGINEER far OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining .and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage, injury or loss to. 6.20.1. all persons an the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to b: incorporated thecm, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation a replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage; injury or loss; and shall crest and maintain all riecessary safeguards fa such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of thew property. All damage, injury or loss to any property referred to to paragraphs 6.20.2 or 6,20.3 caused, directly or indirectly, in whole or in pot, by CONTRACTOR any Subcontractor, Supplier or any other person a organization directly or indirectly employed by any of them to perform or famish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications, or to the acts or omissims of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of than or anyche for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in put to the fault w negligence of CONTRACTOR or any Subcontractor. Supplier or other person or organimUm directly or indirectly employed by any of them), CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as al I the Work is completed and ENGINEER has issued a 15 0 PA • notice to OWNER and CONTRACTOR in accordance purposes required by paregaph6.26. The numbers with paragraph 14.13 that the Wort: is acceptable (except as of eachSample to be submitted will be as specified in otherwise eapressly provided in connection with the Specifications. Substantial Completion). • 0 6.21. Safety Reprecenarfive: CONTRACTOR shall designate a qualified and eapaiencod safety representative at the site whose duties : and responsibilities shall In the prevention of accidents and the maintaining and supervising of :safety preicautions and .programs. Naiad Communication Programs: 6,22. CONTRACTOR shall be responsible for coorda ating any exchange of materialsafety data sheets or other .hazard communication information required �to be made availableto or exchanged between or among entploycm, at the site in accordance with laws or Regulations. Pmergencier: 6.23. In catergencies affecting the: safety a protection of Persons or the Work or property at the site a adjacent thereto, CONTRACTOR with special instruction or authorirrtionfrom OWNER a ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that arty• significant changes in the Work or variations from the Contract ,Documents have been caused thereby, If ENGINEER detainines that a change in the Contract Documents is required Because of the action taken by CONTRACTOR in response to such an emergency, a Work. Charge Directive or Change Order will be issued to document the consequences of such action 6.24. Shop DrawingsandSamplm 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings. and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in .the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACT OR. proposes to provide and to enable ENGINEER to review the information for the limited ptuposes .required by p2mgmph'626. 6.24.2 CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly m.to material, Supplier, pertinent data such as catalog numbers and the iris= far which intended and otherwise as ENGINEER may require to enable ENGINEER in review the submittal fa the limited EJCDC GENERAL CONDITIbM 19104 (1990Edtim) 16 w/ CITY OF FORT ODLu m MotIFICAnom tRElr 4n000) 6.25. Subminal Procerbrres: 6.25.1. Before submitting each Slop Drawing or Sample, CONTRACTOR shall have determined and verified:. 6.25.1.1. all field measurements, quantities, d mensiom specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 625.1.2. all materials with respect to intended use. Gbrimtion,_ shipping, handling, storage, ss aembly end installation patching to the performance of the Work, and 6.25.1.3. all information relative to CONTRACTOR's sole, responsibilities in respect of meats, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Slap Dmwing or Sample with other Shop Drawings and Samples and with the requirements of the Wort: and the Contract Documents. 6,25.2..Each submittal will bear a stamp or specific written indication that -CONTRACTOR has satisfied CONTRACOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 6,25.3. At the time of each submission. CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate Cram the submittal: arid, in additiM.shah cause *a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER fa review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted .by ENGINEER as required by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, attei installation or incorporation in the Wort:, conform to the information given in the Contract Documents and be canpatible with the design concept of the completed project as a functioning whole as indicated by the Contract Documents. ENGMER's review and approval will not extend to means, methods, techniques, sequaris or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functicrs. CONTRACTOR shall make corrections required by ENGINEER and shall return the «quued number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER an previous submittals, 6.27. ENGWEhRk review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any -variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to cacti such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with therequirements of pamgmph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documentsor the schedule of Shop Drawing, and Sample submissions accepted by ENGINEER as required by pmagraph2.9, any related Work performed prior toENGINEER's review and approval of the pertinent submittal will be at the sole expense and resporurbthty of CONTRACTOR Continuing the Wm*.' 6,29. CONTRACTOR shall any on the Work and adhere to the progress schedule dining all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.30. CONTRACTOR's Ceneral Warranty and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER ENGINEER and LNGINEER's Criraultama that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage causal by: 6,30.1.1. .abuse, modification or improper maintenance or operation by persons other then CONTRACTOR Subcontractors or Suppliers; or 630.1.2. normal war and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in FJCOCOV,!EM CONDIMON51910 9 (199a &Grim) V OTY OF FORT ODLUIIS MODIFICATIONS OLEV 4Ra0a) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work an accordance with the Contract Documents: 6,30.2.1. observations by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certifimle of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Imarments, 6,30.2.4. use or occupancy of the Work cr any pan thereof by OWNER; 6,30.2.5. anyacceptance by OWNER or any failure to do so: 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13: 6.30,2.7, any inspection, test or approval by others; or 6.30.2.8. any.rortection of dafecrive Work by OWNER Indemnification: 6.31. To the fullest extern permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER. ENGINEER, INGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any, of them from and against all claims, costs, losses and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cast, loss or damage: (i) is attributable to bodily injury, sickness. disease or death or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting there6rm, and (ii) is maad in whole or in part by any negligent act or omission of CONTRACTOR: any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perfrm or furnish anyy of the Work or anyone for whose acts any of them may be liable, regardless of whether or not mused in pad by any negligence or omission o f a person or entity hndern sled hereunder or whether liability is unposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the say or persomal represcntmvc of such employee) of CONTRACTOR any Subcontraco, any Supplier. any person or organimtion drmtly or indirectly employed by 17 n u • rI L • 0 • any ofthem to perform or; furnish any of the Work or anyone, for whose acts any of them may be liable. the indemnification obligation under paragaph6.31 shall not be limited in any way by any limntauon on the amount or type of damages, aanperimtion at benefits payable -by or for CONE RACTOR or any such Subcontractor, Supplier or other person or or r) amiztioo under workers canpensation nets, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of mgr CONTRACTOR under paaph.6.31. shall not extend to the liability of ENGINEER and ENGINEER's Consultants, officers, directors, employees or agents mused by the. professional negligence, errors or omissions of any.of than. Sunhvil ofObligafions. 6,34. All reprmentations, indcmmficmions, warranties and guarantees made in, required by or given in accordance withtheContract Documents, as well as all continain obligations indicated in the Contract Documents, will survive final payment, completion and ecceptariceof the Work and termination or completion of the Agreement. ARTICLE 7-OTHER WORK ReWed W'wk of Site., 7.1. OWNER may perform other work related to the Project at the site by OWNERS own forces, or let other direct contracts therefor which shall contain General Conditions similar to ihew, or have other work performed by utility owners. If the fact that such other wort; is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (u)CONTRACTOR may makea claim therefor as provided in Articles I 1 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the Parties. are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct comma and each utility owner (and OWNER, if OWNER is performing the additional work with OWNERS employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs Unless otherwise provided in the Contract Documents, CONTRACTOR stall do all cutting, fitting and patching of the Work that may be required to make its several parts come together property and integrate with such other work. CONTRACTOR shall not endanger any work of others by wiring, esceveing or otherwise altering their work and wi8 only cut or alter their work with thewrittenconsent of ENGINEER anal the others whose work will be affected. The duties and rrspans*bilitias of C'ONT RACPOR eider this pumgm. ere for the brnefil of such utility owners end otter contractors to the extent that there are comparable FJCDC OENIItAL CONDITIOM 1910E 0 M Edtitn) 1g w7 C7TY OF F'OR7 COLLINS M0D1r1CA710NS(FXV4n000) PEprovisions.tor the benefit of CONTRACTOR in said eonbacls between OWNER and such utility owners and other contractors: 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR, shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work: CONTRACTOR's failure 'so to ,report will .constitute an acceptance of such other work as fitand proper. for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. CoortSnmion: 7.4. If OWNFR contracts with others for the performance of other work on the Project at the site, the following will beset forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4,2. the specific matters to.bc covered by such authority and responsibility will be itemized: and 7A 3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority .and responsibility in respect of such coordination - ARTICLE 8-01VNER'S RFSPONSIBILIF ES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER.. 8.2: In case of termination of the employment of ENGINEER. OWNER shall appoint.an engineer against wham-GO?4 R-AC-TOR-maker;m-reasonable-objection; whose status under the Contract Documents shall be that of the former ENGINEER. 83. OWNER shall furnish the dam 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. 8.4. OWNER's duties in respect of providing lands and casements and providing englneeriag sury to establish reference points are set forth in pamgra 4.1 and 4.4. Pa agmph4.2 refers to OWNERsi identifying and making available to 'CONTRACTOR copies of reports of wylomtions and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents_ fanh-in-paragrsphs3:su,rougli-s:t0:' 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 87. OWNER's responsibility in respect of certain inspections, -tests and approvals is set forth in patagmph 13.4. 8.8. In connection with OWNER's right to. stop Work or suspend Work, -set paragmMps 13,10 and 15.1. Paragraph 15.2 deals with OW Rs right to terminate services of CONTRACTOR under certain eucumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Rcgulatims applicable to dhc furnishing or performance of the Work. OWNER will not be responsible for CONTRACTOR'S failure to perform Or Ruttish the Work in accordance with the Contract Documents. ono.. Petroleum. aa-a_.. Waste a Radioactive I-ImeriM�+eveale"Hl� ite-i9 satdoti}turparngmplr4:5: 8.11. IF and !a the extent GlAq R has !a F6rnW turangemants—heva—bent—made—to—satisfy--- QWNWs rosponsibility-inraspeabUrereof-wilk-6e�s act-foth-ire-Una Supplaateniary-Gorulitlens� .ARTICLE 9—F.NGINEFR'S STATUS DURING CONSTRUCTION OIFNER's Representative: 9.1. ENGINEER will be OWNER's representative during the concoction period. The duties and respormbiltlies and the limitations of authority of ENGINEER as OWNEWs representative during construction we setforth in the Contract Documents and shell not be extended'without written consent of OWNER and ENGINEER {resits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress 0CDC OENERAL COMMONS 1910.8 (1990 Edtim) wary OF FORT COLLINS MODIFICATIONS (REV ARUUa) that his been made and the quality of the various aspects of CONTRACTOR's executed Work- Based on information obta med during such visits and observatons, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents, h'NGINRRR will not be required to make exhaustive or continuous on - site inspectors to check the quality or quantity of the Wok. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against &feet ve Word:. ENGINEER's visits and on -site observations are subject to all the limitations on ENGINEER'S authority and responsibility sat forth in J�amgraph 9,13, and parucularly, but without limitation dtuug or as a result of ENGINEEWs orrsite visits or observations of CONTRACTMs Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's mcaiv% methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to .the furnishing or performance of the Work. Project Representarive: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident project Representative to assist ENGINEER in providing more continuous observation of the Wok. The responsibilities and authority and limitations thereon of any such Resident project Representative and assistants will be as provided in paragmpFs9.3 and 9.13eM in the c._pple..._.,,_ Conditions of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEER'S Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in _ Ganditliera_ _IL l 9.3 931 The Remesentauve's dealitres in matters pelminmR to the creche work will, in mmery , be with the ENGINEER and CONTRACTOR But the Representative will keep the OWNER RroMly advised about such matters. The Representatives dealin IwAh subcontractors will only be Utreugh or with the full kmwledae %nd approval of the CONTRACTOR 932 Duties and Respunsibilitus. Representative will: 9321 Schedules - Review the progress 19. s 0 0 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 30`" day of May 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 A-1 Chioseal Co. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK Renewal. This Agreement is a renewal of the Agreement entered into between the parties on the 15th day of August, 2012, entitled Asphalt Surface Treatment Project, Bid No. 7417, City of Fort Collins (hereinafter called The 2012 CONTRACT)and all portions interpreted as if the same were attached hereto. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 7417 Asphalt Surface Treatment Project. This renewal is authorized pursuant to Article 3.1.1 Contract Period, of the 2012 CONTRACT. This Agreement shall be effective on the date this Agreement is signed by the City, and shall continue in full force and effect until April. ARTICLE 2. ENGINEER The Project has been designed by City of Fort Collins Streets Department who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 This is a one year agreement but, at the option of the City, the Agreement may be extended for additional one year periods not to exceed two (2) additional one year periods. Pricing changes shall be negotiated by and agreed to by both parties and may use the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office as a guide. 3.2 The Work shall be Substantially Complete within Thirty-Five(35) calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within Thirty -Five (35) calendar days after the date when the Contract Times commence to run. 3.3. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. schedule.:and other schedules prepared bs'. the CONTRACTOR and coiisiill with the INGINEER concerning acceptability. 9.3.2.2. Ccrtfcrences and Meeting - Attend meeting with the CONTRACTOR Stich as rneconstruclion conferen__ as,_proeess mcelin& and other job conferences and prepare and circulate conies of minutes oCmeetiry;s. 9.3.2.3.Liaison 9.3.2.3.1- Serve as FNGIMiER'S liaison with CONTRACTOR working principally through CONfRAC'I'OR'S sunerintendent to assist the CONTRACTOR in understanding the Contract Documents. 9.3:2.3.2. Assist in obtaining from OWNER additional details or infom)ation when rewired. for Proper execution of the We& 9.3.23.3. Advise the FNGINEER and CONTRACTOR of thecommencement of any Work requiring a Shop Drawing`r sample submission if the submission has not been approved by the F4GIM3EIL 93.24 Review of Wrrk. Rrd'ectQ(�lgt'tttly2 Work Inspections and Tcsts - 93.2.4.1. Conduct on -site observations of the MA in propJ•ess to Assist the ENGINEER in detertnjrdng that the Work is ccdina in accordance with the Contract Documents 9.32.4.3. Accompany waiting inspectors rremsentjng public or other agencies having jurisdiction ova the Project, record the results of these inspections and report to the ENGFNEFR. 93.2.5. Interpretation of Contract Documents. Report to ENGINEER when clarifications and interrelations of. the Contract Documents are rueded ark trammjt to CONTRACTOR clarification and interpretation of .the Contract. Docuinents'.asissued by the ltrbiaiW� aa:7 9.3.2.6. Modifications. Considerand evaluate CONTRACTOR'S s eemons for EJCt1COENERAL CONDtitONS I910S (1990 EAtim) 70 a9 CITY OF FORT COUJ M MODIFICATIONS MEV42000) 0 modification in Drawings or Soecificatioriss and report thcce recommendations Io.INGDJFER Accurately. transmit to CONTRACTOR decisions jswcl by the ENGINEER 9:3.2.7. Records 2-L -R=q& 93281 rumish ENGINEER periodic rep_ons asrequired. of the progress of the Work and of the CONTRACTOR'S comphanco with the prom« %hgdule and uhedule of shoo Dmwina and same ltil 93.2.8.2. Camp with ENGINEER in ndvme of schedulim major tests. inspections or.stmt of important pliases of the Work 9.3.28.3. (haft oropased Chance Orders and Work D'vective Cher�s obmjning backup atciinl from the CONTRACTOR .and recommend to ENGINEER .Change Orders. Work Directive -Chances and field orders 9.3.2.8.4. Report immediately to ENGINEER and OWNER the occurrence of any accident. 9 3 2 9 Nvmcm Requests Review applications for payment with CONTRACTOR fr compliance with the established wocedum for thew submission and forwa d with recommendation to ENGINEER notitte riarticularIv the relationtlup of th�vment reaucsNsl to the schedul of values, work completed and in and ment delivered at the site but not incorporated mthe Work. 932'10 Completion: 9,3.1.10.1. Before ENGINEER issues a Certificate of Substantial Cdxnoletion submit to CONTRACTOR a list of observed items rcuu'nu correction or completion 932102 Conduct final inspection in the company of the ENGINEFR OWNRIZ and CONTRACTOR .and prepare a final list of items to be contacted or completed. 932103 Observe that ell items on the final list have been corrected or completed and make recommendations to ENGINEER concerning acceptance. 933 Limitation of Authority: The Representative shall nor 9.3.3.1. Authorize any deviations_ from the Contract Documents m accept._ auKsubstitute lttaix�.�LegLtiPllLeRS5411�i_4�t40.iS�4Y U14 ENGINEER. 9.3.3.2. Exceed limitations of ENGINEER'S ,authority as set forth in the Contract Documents 9333 Undertake any of the reiomibilities of the CONTRACTOR iubconlractpra or (MLrE gT=su1 d"dep} 9334 Advix on or issue directions relative to, or assume control over tin ty=pest of the means, methodstechniques. sequences or aocedures for constmaction unless such is specifically called for in the Contract Documents. 9.3.3.5. Advise on or issuedirections rewarding a assume control over Safety precautions and oropgams in connections with the Work. 933E Accent Shop, Drawirl¢s or sample submittals him mmvotte other than the CONTRACTOR 933.7 Authorize OWNER to occupy the Woke whole or in part. 9338 Particiate in specisliaed Geld or laboratory s or inspections conducted by others aeceot as specifically authorized by, the ENGINEER Cturifdcatfons and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written olarifications or interpretations of the ElCDCGh7F"C0W)IT1015191" (1990Edtim) %ICITY OF FORT COLUtS MODIRCATIONSO"42000) requirements of the Contract Documents (in the form of Dmwirttgi a otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and theparties are unable to agree to the amount or extent therm( if any, OWNER a CONTRACTOR may make a written claim therefor as provided in Article 11 or Article 12. Authorized Variations in Work, 9.5. FNCr)NF.F.R may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an alusurcnt in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These maybe accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Rice or the Contract Times and the parties are unable to agree as to the .amount or extent thereof, OWNER. or CONTRACTOR may make a written claim therefor as provided in Article I or 12. Rejecting Defec hh•e I{'ork. 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed RoJect as a Puncturing whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Workasprovided in paragraph 13.9, whether or not the Work is fabricated. installed or completed. Shop Drawings, Change Orders andPa}•menis.' 9.1, In connection with ENGINEERs authority as to Shop Drawirge arum Samples, see pxragniphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEERS authority as to Charge Orders, see Articles 10. 11. and 12. 9.9. In connection with ENGTNEER's authority as to Applications for Payment, see Article 14. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Wok perfumed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 • for payment or otherwise), ENGINEER's written' decision decision, unless otherwise agreed in writing by OWNER .aeon will be final and bind tig -upon OWNER ..and and CONTRACTOR CONTRACTOR, unless; within ten days after the date of any such decision, either OWNER ter CONTRACTOR 9.12. When functioning m inerpreta andjud a under delivers to the other and to ENGINEER writtennotice of paragra*9.10 and 9.11. ENGINEER will not show intention to a��rnrnI from ENGINEER's decision and -() on from within the partiality to OWNER or CONTRACTOR and will not be appeal L•TIGINEER's decision is taken tune liable in connection with any interpretation or decision limits and in accordance with the procedures set forth in rendered in good faith in such capacity. The rendering of Lxhubit GC -A, "Dispute Resolution Agreement"; entered a decision by ENGINM, pursuant to paragraphs 9.10 or into between OWNER and CONTRACTOR pursuard to 9.11 with respect to my such clan, dispute r other Article 16, or (ii) if no such Dispute Resolution Agreement matter (except any which have been waived by the making has b6m entered intq a formal proceeding is inistituted.by or acceptance of final payment az provider in the appealing party in a forum of competent jurisdiction to paragraph 14.15) will be a condition preaedem to nny exercise such rights or remedies as the appealing party may exercise by OWNER or.CONTRACTOR of such rights or have with respect to ENGINEER's decision, unless remedies as either may otherwise have under the Canaact 'nthenvisc agreed in writing by OWNER- and Documents or by Laws or Regulations in respect of any CONTRACTOR Such appeal will not to subject to'the suchchim, dispute or otha matter-pmviant{e,4 tiele 6. procedures of paragraph 9.11. 9.13. Limitations on ENGINEER's Authorlo, and Decisions on Digrares; Reslmnsihilnties; 9.11. ENGINEER will be the initial interpreter of the 9.13.1. Neither ENGINEERS authority or requirements of the Contract Documents and judge of the responsibility under this Article 9 or.under arty'other acceptability of the Work thereunder. Claims, disputes and provision of the Contract Documents no_my%cision other matters relating to the acceptability of the Work or made by ENGINEER in good faith either to exercise the interpretation of the requirements of the Contract or not exercise such authority or responsibility or the Documents pertaining to the performance and furnishing of undertaking, exercise or perfarmance of any authority the Work and claims under Articles 11 and 12 in respect of or responsibility by ENGINEER shall create, impose changes in the Contract Price or Contract Times will be or give rise to my duty owed by ENOWEER to refcrtcd initialI to ENGINEER in writing with a request for a formal decision in accordance with this CONTRACTOR, any Subcontractor, any Supplier, for paragraph. Written notice of each such claim, dispute or other matter any other person or organimtionn, or to any surety or employee or agent of any of them, will be delivered by the claimant to ENGINEER and the other, party to the Agreement promptly (but in no event 9.13.2. ENGINEER ,will not supervise, direct, later than thirty days) after the. start of the occurrence or control: or have authority over or be responsible for event giving rise thereto, and written supporting data will CONTRACTOR'S means, methods, techniques, be submitted to ENGINEER and the other party within sequences or procedures of construction or the safety • sixty days after the start of such occurrence or evem unless precautions and programs incident thereto, or for any ENGINEER allows nor additional period of time for the failure of CONTRACTOR to comply with Laws and submission of additional or more accurate data in support Regulations applicable to the furnishing or of such claim. dispute a other matter,. The opposing party performance of the Work. ENGINEER will not be shall submit any response to ENGINEER and the claimant responsible for CONIRACTOR's failure to perfunn within thirty days after receipt of the claimant's last or furnish the Work in accordance with the Contract submittal (unless ENGINEER allows additional tine). Documents. ENGINEER will render a formal decision in writing within 'thirty days otter receipt of the opposing poky's submittal, if 9.13.3. ENGINEER will not be responsible for the any, in accordance with this paragraph. ENGINEER's acts or `omissions of CONTRACTOR or of any written decision on such claim, dispute or other matter will Subcontractur, any Supplier. or of any other person or be fuel and binding upon OWNER and CONTRACTOR organization performing or famishing any of .the unless: (i) an appeal from ENGINEUR's decision is taken Work, within the time limits and in accordance with the procedures set forth in EXHIBIT GC-.,*, "Dispute 9.13.4. ENGINEER's review of the final Application Resolution Agreement`, entered into between OWNER and for Payment.and accompanying documentation and CONTRACTOR pursuant to Article 16, or (i) if no o'such all maintenance and operating instructions, schedules, Dispute Resolution Agreement has been entered into, a guarantees. Bonds and certificates of inspection, tests written notice of intention to appeal from ENGINEER's anal approvals and other documentation required lobe Written decision is delivered by OWNER or delivered by paragraph.14.12 will only be to CONTRACTOR to the other and to'ENGINEER within determine generally that their content complies with thirty days after the date,of such decision and a formal the requir menns of, and in the case of certificates of proceeding is instituted by the appealing party in a forum of inspection% tests and approvals that the results competent jurisdiction to e. ise such rights a remedies onlified indicate compliance with, the Contract as the appealing party may have with respect to such claim, Documents., dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such 9.13.5- The limitations upon .authority and 22 EJCDC GENERAL COND11ION319109(1990Edition, w/ OTY OF FORT COIAJtJS moniriCAT1om (REV 42000) 0 responsibility set forth in this paragraph 9.13 shall also apply to ENGINP.ER's Consultants, Resident Project Representative and assistants ARTICLE 10—CHANGES IN THF. WORK 10.1. Without invalidating the Agreement and without notice to any surety,. OWNER may, at any time or firm time to time, orderaddilionis, deletions orrevisidn'in the Work. Such additions, deletions or revisions will be .authorized by a Written Amendment. a Change Order, or Work Change Directive. Upon receipt of arty such document, CONTRACTOR stall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are [treble to .agree as to the,eztent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Charge Directive, a claim may be made therefor as provided in Article 11 or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents its amended,. modified and supplemented as provided in paragraphs 3.5 and3.6, except in the case of an anergenwy as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGIN=, (or Written Amendments) covering: 10.4.1. changes in the Work which me (i)-ordered by OWNER pursuant to paragraph 10.1, (it) required because of acceptance of ddfective Workunder paragraph 13.13 or correcting defective Work under paragraph 13.14, or (it) agreed to by the parties 10,42 changes in the Contract Price or Contact Times which are agreed to by the ryrrlier, and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.1 l; _ provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appppecael, CONTRACTOR shall carry on the Work and ed0aae to the progress schedule as provided in paragraph 6.29 10.5. If notice of any change affecting the general scope of the Work a the provisions of the Contract Documents Ejcoc(3ENEk& CONDITtotis 191o3 o990 Eaton) w/(STY OF FORT COLLINS MODt1CATIONS (REV 442000) (including, but not limited to,.Contract,Price or Contract Times) is required by the provisions of any Bond to be ven to a surety, the giving of any such noise will be ggn CONTRACTOR's responsibility, and the amount of each applicable Bored will be adjusted accordingly. AKPICLE7I--CHANGE: OFCONTRACT PRICE 11.1. The Contract Price conaituus the total compensation (subject to aut orimd adjustments) payable to CONTRACTOR for performing the Work At duties, responsibilities and obligations assiggnncal to or undertaken by CONTRACTOR shall be at CONTRACTOWs expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by.a Written Amendment Any claim for an adjustment in the Contract Price shall be based on written noticedelivered by the parry making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Norm of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or even (unless ENGINF.F,R allows additional time for claimant to submit additional or mote accurate dam in support, of the claim) and shall be accompanied by caimant's written statement that the adjustment claimed covers all known amounts to which the claimant is emitted as n result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONIRACTOR cannot otherwise agree on the mount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in scoordence with this paragraph 11.2. 11.3. The value of my Work covered by a'Change Order or of arry claim for an adjustment in the Contract . Prim will be determined as follows: 11.3.1, where the Work involved is covered by unit prigs contained in the Contract Docmnems, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 • 0 • paragraphs 11.9.1 through 11.9.3, inclusive): CONTRACTOR shall obtain competitive bids from Subcontract= acceptable to OWNER and 11.3.2. where, the Work involved is not cov=d by .CONTRACTOR and shall deliver such .bids to unit prices contained in the Contract Documents; by a OWNER who will then determine, with the advice:or mutually agreed payment basis, including lump sum ENGINEER, which bids, if any, will be xocepte& If (which may include an allowance far`overhmnd and any subcontract provides that the Subcontractor is to profit not necessarily in accordance. with be paid on the basis of Cost of the Work plus a Tee; paragraph 11.6.2): the Subcontractols Cost of the Work and fee shall be determined in the same manner as CONTRACTOWs 11.3.3. where the Work involved is not covered by unit -Documents Cost of the Work and fee as provided in prices contained in the Contract and paraMphs 11.4, 11.5, I L6 and 11�.7. All agreement to 'a lump sum is not reached under subcontracts shall be -subject to the other provisions of paragraph 11.3.2, m the basis of the Ccst of the Work the Contract Documents insofar as applicable. (determined as provided in paragraphs 11.4 and 11.5) pluses CONTPACTOR's fee for overhead and profit 11.4A. Corn of special consultants (including but (determined as provided in paragraph 11.6). not limited to engineers, architects, tcstis labomtdrics, swveyors, attorneys and accountants) Cos of the Work: employed far services specifically related to the Work. U A. The tern Cost of the Work means the sum of all costs necessarily incurred earl paid by CONTRACTOR in 11.4.5. Supplemental costs including the following: 'the proper performance of the Work. Except as otherwise Zy be agreed to in writing by OWNER, such costs shall 11.4.5.1. The of necessary in amounts no higher than those prevailing in the Proportion transportation, trade and subsistence expenusof locality of the project,. shall include onty the following CONDRACTOR's employees incurred in items and shall not include any of the costs itemized in discharge of duties connected with the Work. .paragraph 11,5: 11.4.5.2, Cost, including transportation and 11.4.1. Payroll costs for employees in the direct maintenance. of all materials, supplim employ of CONTRACTOR in the performance of the equipment, machinery, appliances, once .and Work under schedules of job classifications agreed tempormy facilities at the site and hard tools not upon by OWNER and CONTRACTOR. Such owned by the workers, which arc consumed in the mployees shalt include without limitation performance of the Work, and cost less market superintendents, 'foremen and other personnel value of such items used but not consumed which employed full-time at the site. Payroll costs for remain the property of CONTRACTOR employees not employed full-time on the Work shall be apportioned on the basis of their time Spent on the 11.4.53. Rentals of all construction • Work. Payroll costs shall ascknd�4lafaxd be limited tot equipment and machinery and the pans thereof salaries end wages plus the cost of fringe benefits whether rerded from CONTRACTOR or others in which shall 'include socinl security contributions, accordance with rental agreements approved by unemployment, excise and payroll taxes; workers' OWNER with the advice of ENGINEER; avid the cmnpensauon health mdl refinement benefits, bonuses; touts of transportation, loading, unloading; �' ak ".9—A1ien-end-heFider env applicable thereto, -Work installation. dismanthng and removal thereof —all The expenses of performing after regular in accordance with terms of said rental working howl, on Saturday. Sunday or legal holidays, agreements. The rental of any such equipment, • shall be included in the above to the extern authorized machinery or pans shall cease when the use by OWNER: thereof is no longer necessary for the Work. 11.4.2. Cost of all materials and eyuippmm ant Cvmished 11.4.5.4. Sales, consumer, use or similar taxes and incorporated in the Work triercostsof related to the Work, and fai which transportation am] storage thereof, and Suppliers' field CONTRACTOR is liable, imposed by Laws and services required in connection therewith All cash Regulation discounts -shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with 11.4.5.5. Deposits lost for causes other than which to make payments, in which case the' cash negligence of CONTRACTOR any discounts shall accrue to OWNER. All trade Subcontractor or anyone directly or indirectly discounts, rebates and refunds and returns from sale of employed by any of them or for whose acts any surplus materials and equipment shall accrue to of them may be liable, and royalty payments and OWNER and CONTRACTOR shady make provisions fees for permits and licenses. so that they may be obtained . 11.4.5.6. Lasses and damages (mid related 11.4.3. Isayme nts made by CONTRACTOR m the exposes) eatised by damage to the Work, not Subcontractors for Work performed or furnished by compernsated by insurance or otherwise. sustained Subcemtraaors. If required by OWNER, by CONTRACTOR in comnection with the 24 EICDCGPQE At CONDITIONS 19108(1990 Edtim) w/ CITY OF FORT coiij 6 momriCAnotis(REV<Q000) 0 performance and Culnishing of the Work (except losses d damages within the deductible amounts of prop1xerty insurance established by OWNER in awordanee with paragraph 5.9), provided they have resulted from causes other than the negligence of CONTRACTOR„ any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and .approval of OWNER. No such losses, damages .and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. 1f however. any such loss m damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6,2. 11.4.5.7. The cat of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as tcicgrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cast of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll cats and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors. accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications refered to in paragraph 11.4.1 or specifically covered by paragraph I1 4.4all of which are to be considered administrative costs covered by the CONTRACTOR's fee. t 1.5.2. Expenses of-CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any pan of CONTRACTOR' capital expenses, including .interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Doctanents to hase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). EXWOENE1tA1. COMITIOM 191" (1990 Edtha) %tan OF FORT CoUJM4 MODIFICATIONS PREY 412000) 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by my of Them or for whose acts any of them may be liable, including but net limited to, the correction of rkfective Wok. di I of materials or equipment wrongly supplied and makirb good any damage to property. 1156. Other overhead or general expense cats of any kind and the cats of any item not specifically and expressly included in paragraph 1 IA 11.6. The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost oft Work: 11.6.2.1. for cats incurred under paragraphs 11.4.1. and 11.4.2, the CONTRACTOR's fee shall be fifteen percent 11.6.2.2. for costs incurred under paragraph 11.4.3. the CONTRACTOR's fee shall be fire percent: 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work Plus a fee and no filed fee is agreed upon, the intent of. paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Walt, at whatever tier, will be praida fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that my higher her Subcontractor and CONTRACTOR will each be paid fee-o€-fivrpareant-of-tho-amounE-paid-Eo the-nexd4owmtierSubeouhacto , to be negotiated in good faith with the QIMM but not to exceed five percent of the amount paid to the next lower tier Subcontractor. 11.6.2A. no fee shall be payable on the basis of ca , ncnii�d under paragraphs 11 4.4, 11 4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in oust will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits we involved in any one charge, the adjustment in CONTRACTOR's fee shall be computed on the basis .of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of .any Work is to be 25 0 LI • determined pursuant to paragmphs�ll,4 and 11.5,. CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allmwncm: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in 'the Contact Documents and 'shall muse the Work so covered to.be fumished:and performed for such sums as may be acceptabletoOWNER.and. ENGINEER. CONTRACTOR agrees that: 11.8.1. the allowances include the ,cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes. and 11.8.2. CONTRACTOR'S costs for unloading and handling on the site, labor, installation 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 for additional payment can account of any of the foregoing will be valid. Prior to fail payment, an appropriate Charge Order will be issued as recommended by ENGINEERto reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shill be correspondingly adjusted. 11.9. Unit price wwk. 11.9.1. Where the Contract Documents pro6idc that all ar part of the Work is to be Unit Rice Work, initially the Contract Rice will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work- tames the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Rice Work are. not guaranteed and are solely fdr the purpose of comparison of Bids and determining an initial Contract Price. Determimilions of the actual quantities and clami fucations of Unit prim Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amouu consider by CONTRACTOR to be adequate to cover CONTRACTOR'S overhead and profit Tor each separately identified item. 11.9.3. OWNER or CONTRACTOR may make a claim Ice an adjustment in the Contract Price in accordance with Article 11 ik 11.9.3.1. the quantity of any item of Unit Rice Work performed by CONTRACTOR differs materially aril significantly from the estimated quantity of such item indicated in the Agreement; 26 MUCOEMMA,CONI)MOM 19104(199DEdtim) vd a l'Y OF FORT COUJ M MODIFICATIONS tRE V 42(100) and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes, that CONTRACTOR is entitled to.an increase in Contract Price as a result of having incurred additional :expense or OWNER believes that -OWNER is entitled to a decrease in Contract Price -and the parties are unable- to agree is -to the amount of any such increase or decrease. 11.9.3.4: CONTRACTOR. wknowledam that the OWNER has the right to add or delete items in the Bid or changequantities at OWNER'S sole discretion without affectin the Contract Price 0f any remaining item so Ion¢ as the deletion or addition does not exceed-twonlw5ve percent of the original total Contract Price. ARTICLE 12—CHANGE OF CONTRACT MISS 12.1. The Contract Times (or Milestones) may.only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Timm (or Milestones) shall be ♦»sad on written notice delivered by the party making "the claim to the other party and to ENGINEER promptly (bin in no event later than thirty days) after the occurrence of the event gnvirng rise to the claim and stating the general nature of the claim. Notice of the extent or the claim with supporting data shall be delivered within simy days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment clammed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the omwrcnce of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragmph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times .(or Mlestones) will be valid if not submitted inaccordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3, Where CONTRACTOR is .prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (a Milestones) will be 6dended in an amount equal to time lost due to such delay if a claim is made therefor as provided in pam9m 12.1. Delays beyond the control of RA CONTCTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other eonractors performing other work as eontemplited by Article 7, fires, floods. epidanics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Suppliershall be deemed to be delays within the control of CONTRACTOR 12.4. Where CONTRACTOR is prevented firm completing any part of the Workwithin the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR;an extension of the Contract Times (or Milestones) in an onnount equal to the time loss due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable in CONTRACTOR any Subcontractor, any Supplier, ay'othei person or organizetiorn, or to any surety for or employee or aggent of any of them, for damage arising out of or rmulting from (nil delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties including, but not limited to, Cues, floods, epidemics; abnormal weather conditions, acts of God or act, or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION, REMOVAL. OR ACCEPTANCE ON DEFECTIVE. WORT: 13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will he .given to CONTRACTOR All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. OWNER EQGEvEER ENGINEER's Cat harem other representatives and personnel of OWNER independent testing laboratories and governmental agencies with jurisdictional interests will have seems to the Work at reasorreble—times for their observation; inspecting and testing. CONTRACTOR shall provide them proper and safe catdmons for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Teasaneflnepeetionr 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing perso nel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay For the services of an independent testing laboratory to perform all msIxamm tests, or approvals required by the Contract Documents except: 13.4.1. for wpectiom, tests or approvals covered by paragraph 13.5 below: 13.4.2: that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 EKI)COENMULCOND1T1014S 191050990%tian) wr City OF FORT CoLLIM afODIRCATIOM(REV 471000) below shall be paid as provided in said paragraph 11%and 13A.3. as otherwise specifically provided in the Contract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereoly specifically to be inspected, tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspectiom, tests or appnwals, pay all costs in. connection therewith. and furnish ENGfNEER the required certificates of uspeelion, or approval. CONTRACTOR shall also be respwmtble for arranging and obmimng and shall pay all costs in connection with any impecuons, tests or opprovals requrred for OWNER's and FNGINER's acceptance of materials or equipment in be incorporated in the Work or of materials, mixdesigns, or equipment submitted for approval prior to CONTRACTOR'S.. purchase thereof for incorporation in the Work. 136. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's a Tense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with rcasomble promptness in response to such notice. Uncovering Work: 13.& If any Work is covered wntrmy to the written request of ENGINEER it must, if requested by ENGINEER, be uncovered far ENGWEER's observation and replaced m CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary oradvisable that covered Work be observed by ENGINEER or inspected in tested by others, CONTRACTOR at EJGINEER's request, shall uncover, expose or otherwise make avvisable for ob civation, inspection or testing n, ENGINEER may requite. that portion of the Work in questiorL furnishing all necessary labor, material and equipment If it is found that such Work is defective. CONTRACTOR shell pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspectionandtesting and of satisfactory replacement or recdnti1nhctien, (including but net limited to all casts of repair or replacement of work of d chi): and OWNER shall be entitled to on appropriate decrease in the Contract Rice, and if the ponies are unable to agree as to the amount thereof may make a claim therefor as provided in Article 11. If, however, such Work ii not Pound to be defective, CONTRACTOR shall be allowed an increase in the Contract Rice or an extension of the Contract Timm (or Milestones), a both, directly attributable to such 27 • 0 u C� wcoyering, exposure, observation, inspection, testing: .replacement and reconstruction; end, if the parties me urreble to agree as to the amount or extent thereof,. CONTRACTOR may make. claim therefor as provided in Articles I and 12. OWNER Alay&op the Work: 13.10. If the Work is defective, or CONTRACTOR (ails to supply sufficient skilled, workers or suitable materials a equipment, or fails to hanish or perform the Work in suers tray that the completed Work will conform to the Contract .Documents, OWNER may order CONTRACTOR to stop the Work. or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stopp the Work shall not give rise to my duty on the part of OIVNER to exercise this rightfor the benefit of ''CONTRACTOR or my surety or otlei party. Correction or Kmmval of Defective Wont 13A I1 If required by ENGINEER, CONTRACTOR shall promptly, as.directed, either correct all defective Work, whether or not fabricated, installed orcampleted, or, if the Work has lien rejected by, ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by ,a resulting from such correction or removal (including but not limited to all casts of repair a replacement of workof others). 13.12. Correction Periods 13.12.1. If within ene-yair two years after the date of Substantial Completion a such longer period of time as may be prescribed by Laws or Regulations or by the terms of arty applicabble special guarantcc required by ,the Conaaci Documrnts or by any specific provision of .the Contract Documents. any Week is found to be. defective. CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's ivritten instructions: (iy correct such defective Work, or, if it has been rejected by OWNER remove it from the site and .replace it with Wort: that is not defective, and (ii) sitisfaporily correct or remove and replace any damage to other Work or the work of others resulting therefrom. I( CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may, have the defective Work corrected or the rejected Work removed and replaced, and all claims, casts, losses and damages caused • or resulting from such removal and repkiament including but not limited to all costs of repair or replacement of work of otters) will be paid by CONTRACTOR 13.12.2. In special circumstances wherea particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an emberdetc iL sr provided in the Specifications or by Written Amendment 13.123. Where defective Wort: (arid damage to other 28 EICDCGENMt LCGND1n0M 191" OMEdtim) Id CITY OFFORT WLLIM MODIFICATIONS WW4rt000) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of me ye two veers after such corration or removal and replacement has been satisfactorily completed. Acceptance ofDefechve Weiler. 13.13, lf, imlmd of requirvtg correction orremoval and replacement of defective Work, OWNER (and, prior to ENGINTEER's recommendation of finalpayment, also ENGINEER) prefers to accept it, OWNER may do se. CONTRACTOR shall pay s0 clemts, costs. losses and damages attributable to .OWNER's evaluation of and determination to accept such ikf>crfve Work (such restate be approved by ENGINEER as to reasonableness). I f an y such .acceptance occurs prior to FN(iINIEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price. and, if the rties are unable to agree as to the a mount. thereof, OWNER.mny make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER Alay Correct Defective Work: 13.14, If CONTRACTOR fails within a ressonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11. or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In,acacising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession.of all or part of the Work, and suspend CONTRACTOR's services related .thereto. take possession of CONTRACTOR's loots, appliancea, construction equipment and machinery at the site and i corpmate in the Work :all materialsail equipment stored at the site or for which OWNER has paid CONTRACTOR but which .are stored elsewhere. CONTRACTOR .shall allow OWNER OWNER's representatives. agents and employees, OWNER's other contractors and E•NGINECR and ENGINEEles Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph NI clairk costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shell tie entitled to an appropriate decrease in the Contract price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such claims, casts, losses and -damages will include but not be limited to all costs of .repair Or replacement of work of others destroyed w damaged by correction removal cr replucemem of CONTRACTOR's defective Work. CONTRACTOR shag not be allowed an euension of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNGR's rights and remedies hereunder. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The sehcdule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. AITUcation for Progress Payment 14.2. At least twenty days before the date established for each progress payment (but not more often than once a maah), CONTRACTOR shall submit to fiNGINGER for review art Apppplication for Pa meta filled out and signed by CONI'RACI'C7R covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract ram If paymcnr is requested on the basis of materials and Mpmem not incorporated in the Work; but delivered and suitably stored at the We or at another laation agreed to in writing, the Application for I'aymcnt shall alw be accompanied by n bgl o£ sale, invoice or other documrntation warrantvg that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property imwance and other arrangements to protect OWNER's interest therein all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the et Mg CONTRACTOR''s Warrant), of Tide. 14.3. CONTRACTOR warrants and guarantees that tilde to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment Gee and clear of all Liens. Review ofApplicahons for ProgressPapnent 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a EICDCOF7dERAL CONDITIONS 19108 (1"0 WIWI wiCITY OF FORT COLLINS MODIRCATIONS dtEV 412M) recommendation of payment and present the Application to OWNER, m return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case. CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the ApphctIon for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject m the provisions of the last sentence of paragraph 14.7) become due and when flue will be paid by OWNER to CONTRACTOR 145. ENGINERIes recommendation of any payment requested in m Application for Payment will constitute a representation by ENGINEER to OWNER, basal on ENGINEER's on -site observations of the created Work as an experienced and qualified design pmfesiional'and on ENGINEER's mview of the Application for Payment and the accompanying dab and schedules, that to Or best of ENGINEER's knowledge, information and belief 14.5.1. the Wort: has progressed to the point indicated, 14.5.2. the quality of the Work is gencmlly in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph Md. and to any other qualifications stated in the recommendation), and 14.53, the conditions precedent to CONTRACTOR's Ming emitted to such payment appear to have bmn fulfilled insofar as it is ENGINEER's responsibility w observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contmct Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR 14.6. ENGINEER'S recommendation of any payment, including final payment, shag no mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to reeomme nd the whole or any pan of any payment if, in ENGINEER's opinion it would be incorrect to make the representations to 29 • CI above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as Liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: One Thousand Dollars ($1 000.00) for each calendar day or fraction thereof that expires after the Thirty-five (35) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Five Hundred Dollars ($500.00) for each calendar day or fraction thereof that expires after the Thirty-five (35) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: One Million Twenty -Nine Thousand Five Hundred Fifty -Six Dollars and Five • Cents ($1,029,556.05), in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. If, in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will 0 • -OWNER in 14.5. referred.to paragraph ENGINEER may considers the Work substantially complete. ENGINEER also refine to recommend any such payment, cr, because of will prepare aid deliver to OWNER a lenla ive certificate subsequently discovered evidence or the results of of Substantial Completion which shall fir the date of subsequent inspections or tests, nullify any such.. payment Substantial Completion. There shall be attached to the previously recommended, to such extent as may be certificate a tentative list of items to be completed or necessary in SNGINEER's .opinion to. protect OWNER firer, loss because: corrected before frrisl ppeeymennt OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any 14.7.1. the Work is defective; or completed Work has provisions of the certificate ea attached list.. If, after been damaged requiring cortectionorreplaccmem, coitsideritg such objections, ENGINEER concludes that the Work is nor substamially complete, ENGR FEER will 14.7.2. the Contract Price has been reduced by within fourteen days after.submission of the tentative Written Amendment or, Charge Order, certificate m OWNER notify CONTRACTOR in writing, stating the reasons therefor. If. alter consideration of 14.7.3. OWNER has been required to correct OWNER's objections, ENGINEER considers the Work defecdre Work or complcW Work in accordance with substantially complete, ENGINEER will within said paragraph 13.14, or fourteen clays execute and deliver to OWNER arid CONTRACTOR a dcfinitive certificate of Substantial 14.7.4. ENGINEER has actual knowledge of the Completion (with a revisal tentative list of items to be occurrence of any of the events enumerated in completed or corrected) reflecting such changes, from the paragraphs 15,2.1 through 15.2.4 inclusive. tentative certificate,as ENGINEER believes justified after consideration of any objections frern OWNER. At the OWNER ma}) refuse to make payment of the full amount time of delivery of the tentative certificate of Substantial MMITIM ndedby ENGINEER because: Completion ENGINEER will deliver to OWNER .and CONTRACTOR a written recommendation as to division 14.7.5. claims have been made against OWNER on of responsibilities pending final payment between account of CONTRAcTows performance or furnishing OWNER and CONTRACTOR with respect to security, of the Work, operatioq safety, maintenance, heat, utilities, insurance and warranties and gi6mrtees. Unless OWNER and 14.7.6. Liens have been filed in connection with the CONTRACTOR agree otherwise in writing and so inform Wok, except where CONTRACTOR has delivered a ENGINEER in writing prior to ENGINEER's issuu g the .specific Bond satisfactory to OWNER to secure the definitive eatifimte of Substantial Completion, satisfaction and discharge of such Liens, ENGINEER's aforesaid recommendatimi will be binding on OWNER and CONTRACTOR until final payment 14.7.7, there arc othcr'i[emsenuding OWNER toss set- otfagainsttheamountrecommendedor 149. OWNER shall have :the right to exclude CONTRACTOR from the Weak after the date of • 14.7.8. OWNER has actual knowledge of the Substantial Completion but OWNER shall allow occurrence of any of the events enumerated 'in CONTRACTOR reasonable access to complete or correct paragraphs 14.7.1 through 14.7.3 or paragraphs 15.11 items at the tentative list through 15.2.4 inclusive; Partial Ualimffom but OWNER must. give CONTRACTOR immediau %Titten notice (with a copy to ENGINEER) stating the 14.10. Use by OWNER at OWNER's option of any reasons for such action and promptly pay CONTRACTOR substantially completed pan of the Work, which: (i) has the amount so withheld, or any adjustment thereto ageed specifically been identified in the Contract Documents, or to by OWNER and CONTRACTOR, when (u) OWNER, ENGINEER and CONTRACTOR agree CONTRACTOR dirreds to OWNER's satisfaction the constitutes a sepnmtely functioning and usable part of the reasons for such action. Work that can be used by OWNER for its intended purpose without significant interference with Substantial Comple6os: CONTRACTOR's performance of the remainder of the 14.8. When CONTRACTOR confiders the..entire Wort: Work, may be accomplished prim to Substantial Completion of all the Work subject to the following: ready for its intended use CONTRACTOR. shall notify OWNER and ENGINEER in writing that the. entire Wok 14.10.1.OWNER at any time .may request is substantially complete (except for items specifically CONTRACTOR in writing to permit OWNER to use fisted by CONTRACTOR as incomplete) and request that any such pan of the Work which OWNER believes to ENGINEER issue a certificate of Substantial Completion. be ready for its intended use and substantially Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER inspection complete. If CONTRACTOR agrees that such not Work is shall make an of the Work to determine die status of completion. If the substantially complete, CONTRA CTOR will certify to OWNER and ENGINEER that such ENGINEER does not .consider the Work substantially ENGINEER CONTRACTOR inENGINEEiR ppeart of the Work is substantially complete and request complete. will notify writing giving the reasons therefor. If ENGINEER to issue a certificate of Substantial Completion for that part of the Work. EJCDCOENEt& CONDMOM 1910.8 (1990 Edtim) 30 W/ MY OF FORT WLUNS MODIFICATIONS(REV CNN) CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Workready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that fart of the Work. Within a reasonable time after either such request, OWNER CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers then part of the Worktobe substantially complete, the provisions of paragraphs 14.9 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupane-v or separate opcmtion of pan of the Work will be aaomplished prior to compliance with the requ cements of pamgmph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulms in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as ore necessary to complete such work or rmiedy such deficiencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all mamtemince and operating instructions, schedules, guarantees, Bonds. certificates or ,other evidence of insurance required by pmagmph5.4, certificates of inspection,, marked -up record documents (as provided in paragraph 6.19) .and other documents CONTRACTOR may make application for final payment following the procedure for progress payments Thefmal Application for Payment shall be accompanied (except xs previously delivered) by: (i)au documentation called (or in the Contract Documents. including but not limitedto the evidence of insurance required by subparagraph5.4.13, (u) consent of the surety, if any, to final payment, and (ui) complete and legally effective releases. or waivers (satisfactory to OWNER) of all Limo arising out of or filed in connection with the Work In lieu of such releases or waivers of Liens and as approved by OWNER CONTRACTOR may famish receipts or release in full and affidavit of CONTRACTOR that: (t) the release and receipts include all labor, services, material and equipment for which a Lien could be filed, aril (ii) all. payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails EICDCOENEM CONDITIONS 1910E (1990 Edriin) wi CJT1' OF FORT COLLINS MOOIFICATIONSIREV 4. to fumish such a release or receipt in full. CONTRACTOR may fanish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien Releases orwaiversof liens and the eonsenl of the surety to fuialize payment are to be submitted on forms conforming to the format of the OWNER'S standard forms bound in the Project manual. Fine! Payment and Acceptance 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection and ENGINEER's review of the final Application for 1%vrnent and sccomparying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment. indicate in writing ENGINEHR's recommendation of payment and presort the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will retain the Application to CONTRACTOR, indicating in writing the reasons for refusing to'reeommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the _ Application and accompanying cu domentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become dueand will be paid by OWNER to CONTRACTOR subject to tmasranh 17.62 of these 4enSialSslldr�r4i 14.14. If, through no fault of CONTRACTOR final completion of the Wok is significantlll, delayed and if ENGINEER so coN-ems, OWNER shaupon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. if the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement. and if Bonds have been furnished as required in paragraph 5.1. the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shell be made under the terms and conditions governing final payment, except that it shau net contitute n waiver of claims lVaiver of Claimr. 14.15. The making and acceptance of final payment will constitute: 14.15.1.a waiver of all claims by OWNER against CONTRACTOR except clams arising Tian unsettled Liens, from aeefecove Work appearing after 31 • i • 11 final inspection pursuant to paragraph 1411, from Tailor to comply with the'Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOWs continuing obligations under the Contract Documents, and 14.15:2.A waiver of all .claims by CONTRACTOR against OWNER other thin those previously madein writing and still unsettled .ARTICLE IS -SUSPENSION OF WORK AND TFRMINA'ITON OWNER A1ay Suspend Work: 15.1. At any time and without cause. OWNER may suspend the Workor any portion thereof for a period of not more than ninety clays by notim in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract prim or an extension of the Contract Times, or both, directly attributable to any such suspc—on if CONTRACTOR .makes an approved 'claim therefor as provided in Articles I and 72. OWNER May Terminate: 15.2. Upon the occurrence ofanyone or more of the followingevents, 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (vicluding, but not limited to, failure to supply sufficient skilled workers or suitablematerialsor equipment or failure to adhere to the progress schedule established under paragmph29 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR discgards Laws or Regulations of any public body havirgjurisdiction; 15.2.3. if CONTRACTOR disregards the authority. of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violatesin any -substantial way any provisions of the Contract Documents; ER may, after giving CONTRACTOR (and the if any) seven dayswritten notice and to the extent aed by Laws and R2 6ulationr terminate the services NTRACfOR, exclude CONTRACTOR from the site take possession of the Work and of all rRACTOR's tools, appliances, construction rent and machinery at the site and use the same to g extent they could be used by CONTRACTOR gut liability to CONTRACTOR for rrespzss or :lion), incorporate in the Work all material and rent stored at the site or for which OWNER has paid 32 EJCDCGE'4EM CONDI110M 19109(1990Editim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) CONTRACTOR tiut which are stored elsewhere, and finish the Woik as OWNER may deem expedient. in such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished If the unpaid balance of the Contract Prim exceedsall claims, casts, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be mid to CONTRACTOR If such claims, costs losses and shall pay the difference to OWNER. Such claims, carts; losses and damages marred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not he required to obtain the lowest price for the Work perforated 15.3. Where CONfRACTOR's services have been so terminated by OWNER, the termination will not affect an rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention iir payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER elect to terminate the Agreement. in such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and amcptable Work executed in accorelance'wah the Contract Documents. prior to the effective date of termination, including laic and reasoiable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the,effective date of termination in performing services -and furnishing labor, materials or equipment as required by the Contract Documents in 'connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subeommctom Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termualion. CONTRACTOR shall not be paid onaccount of loss of anticipated profits or revenue or other economic loss =amg out of or resulting from such termination CONTRACTOR May Stop Work or Terminate.' 15.5. 14 through no act or fault of CONTRACTOR the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or MGINEER fails to act on any Application for payment within dnaty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any stun finally determined to be due, their CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in pamgmph 15.4. In lieu of terminating the Agreement and wthout prejudice .to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due. CONTRACTOR may upon seven days written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR including interest thereon. The provisions of this paragraph 15.5 we not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an incase. in Contract Price or Contract Times or otherwise .for expenses or damage directly attributable to CONTRACTORS; stopping Work ins permitted by this paragraph. ARTICLE 16—DISPUTE RESOLUTION If and to the extant that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, 'Dispute Resolution Agreancnt", to be attached hereto and made a pan hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9,10, 9,11 and 9.12. OWNER and CONTRACTOR may wrerciss such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of my dispute. ARTICLE 17—NISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given of delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is intended or if delivered at or -sent by registered or certified mail, postage prepaid, to the last business address knuwn to the giver of the notice. 17.2. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude- the first and include the last day of such period If the last day of any such period falls on a .Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdictiem, such day will he omitted from the campumtion. FKDC UENERAL CONDITIONS 191" (1990 SCUM) V CITy OF FORT WLUNS h1WIFICA1IONS (REV 42(100) 17:2.2. A calendar day of twenty-four hours measured from midnight to the mm midnight will constitute a day. Notice of Claim 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose ads the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such irdury or damage. The provisions of this paragraph 17.3 shall net be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repow.Cuninlative Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be conserved in any way asa limitation of, any rights and remedies available to anyof all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisionsof the Contact Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Cootmct.Documents in connexion with each particular duty, obligation, right and remedy to which they apply. FrofeWonal Feav rind Courl Costs Included.- 17.5. Whenever reference is made to 'claims, costs, losars and damages', it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or oder dispute resolution costs. 17 G The laws of the Smte of Colorado aooly to this Affeement. Reference to two Pertinent Colorado statutes are as follows: 1762 if a claim is filed OWNER is required by law fCRS 35-26-107) to withhold from all uayments to CONTRACTOR wtficient funds to insure the payment of all claims for labor, materials, tam hire, susterwnce, Provisions, Provender, or other suoolics used or consumed by -CONTRACTOR or his 33 C, J EJCDCOENERAL CONDITIONS 191" (1990 E&kn) 34 W/ CITY OF FORT COLLINS MODIMATIONS(REV 42000) is (This page left blank intentionally) EICDCOENERAL CONDITIONS 191" (1990 E61hn) w9 CITY OF FORT OOLIJNS MODIFICATIONS ULEV 4nM) 35 r� u • 9 U 36 EICDCOENERAL CONDIiIDN519I08(1990 Mim) w/ aiY OF FORT COLLIN MODIFICAuom(REV412000) CJ 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 Construct. on Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between .OWNER and CONITRACI.OR arising out of m relating to the Contract Documents or the breach thereof (except far claims which havc been waived by the making or acceptance of final payment as provided by paragraph 14.15) will he decided by arbitration in accordance with the Construction Industry Arbitration Rules of the Amman Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitmte and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction- 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER 'initially for decision in accordance with pamgmph 9,11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be.made late than thirty days after the hate on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNMR and CONTRACTOR If ENGINEER. renders a decision after arbitration proceedings have been initiated such decision may be entered as evidence but will not Supersede the arbitration proceedings, except where the decision isacceptable to the parties concerned. Nodemand for arbitration of any written decision of ENGINEER rendered in accordance with paragrapI�t 9.10 will be made later than ten days afterthe party makitt; such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association and a copy will be sent to ENGWF.ER for information The demand for arbitration will be made widen the thinyday'or ten day period specifted in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based an such claim, dispute Or other matter in question would be barred by the applicable statute of limitations. ErCDC OENERAL CONDITIONS 1910-8 099mEditim) w/ CITY OF FORT. COLLINS MODIFICATIONS (RFV 909) 16.4. Except as provided in paragraphs 16.5 below, an arbitration arising out of o relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER'S Consultant and the officers; directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16:4.1, the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already panics to the arbitmtiori, and 16A2. such other person or entity is substantially involved in a question of law or fact which is common in those who are already parties to the arbitration and which wil I arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of'any dispute rat specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractorconsents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragmph 16.5 nor in the provision of Such subcontract mreentirng to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6: The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof: and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall fist -submit -any and all unsettled 61aim% counterclaims. disputes, and other matters, in question between them arising out of or relating to .the Contact Documents or the breach thereof ("disputes"), tomediation by the. American Arbitration Association under 'the Construction Industry Mediation Rules of the American Arbitmlian Association prim to either of them initiating againist the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the parties The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain Suspended until ten days after the termimtion of the mediation. The mediator of any dispute Submitted tomcdiation under this Agreement shall notcarve as arbitrator of such dispute unless otherwise agreed OC-Al 11 0 11 FJCDC GENERAL CONDITIONS 191U GM Edtlm) .1 CITY OF FORT COLLINS MODIFICATIONS (REV 9M) SECTION 00800 SUPPLEMENTARY CONDITIONS C� J U • • be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00520 Page 3 for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. 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 SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the • Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule zero 0 days lost due to abnormal weather conditions. 0 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment • • n LJ • SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Asphalt Surface Treatment Project — 2014 Renewal CONTRACTOR: A-1 Chipseal Co. PROJECT NUMBER: 7417 DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT % ADJUSTED CONTRACT COST $ .00 (Assuming all change orders approved) ACCEPTED BY: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: cc: City Clerk Contractor • Project File Architect Engineer Purchasing DATE: DATE: DATE: elm DATE: DATE: -\ 2 Q a A ) ®@k$§ . 2C)zz Q§a3; 0 < co (.) 0 \0_�o \` } c \ § i. 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U (D d a� a Z • • • • Iq LL O c O It (O N '� a 0 CC) a a a an 0 0 a 0 a a a a a a no a a 0 0 0 a 0 a a a O w m L O a a a a a a a a 0 0 a a 0 C. a a a a a 0 a a a 0 0 a C. a a a a O OL d O ~ Q OM6s 2 ON- OM OM- 2t ca ul 5 EH2 �66 OM OM 6�(A EA EA � � � H04 H09 ul9 V3, �6 O O a o N N_ O N ~a a > N o CO (D J Q j w } u O> V O O < c � ��O.a<cl o� wU) O H c O U N N 0' O C z E L U E Z 2014 ASPHALT SURFACE TREATMENT PROJECT GENERAL REQUIREMENTS INDEX SECTION 01010 Summary of Work 01040 Coordination 01310 Construction Schedules 01330 Survey Data 01410 Testing 01510 Temporary Utilities 01560 Temporary Controls 01700 Contract Closeout 01800 Method of Measurement and Basis of Payment PAGE NUMBERS General Requirements 1-2 General Requirements 3-4 General Requirements 5-6 General Requirements 7 General Requirements 8-9 General Requirements 10 General Requirements 1 I I-12 General Requirements 13 General Requirements 14 • • 0 SECTION 01010 SUMMARY OF WORK • 1.1 DESCRIPTION OF WORK A. This work shall consist of the placement of Chip Seal, Slurry Seal or Cape Seal on residential streets and parking lots as shown in Section 3500, Project Maps. B. Protection and Restoration. 1. Replace to equal or better conditions all items removed and replaced or damaged during construction. Restore all areas disturbed to match surrounding surface conditions. Also see tree protection standards. C. Construction Hours 1. Construction hours, except for emergencies, shall be limited to 7:00 a.m. to 5:00 p.m., Monday through Friday, unless otherwise authorized in writing by the Engineer. After hour equipment operation shall be in accordance with Section 1560. 2. Any work performed by the Contractor outside of the construction hours, whether or not authorized by the Engineer, shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover the Owner's costs in providing field Engineer and/or inspection services because of such work. The cost for field engineering and inspection shall be $50.00 per hour. 1.2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES A. Notify private owners of adjacent property,utilities, irrigation canal, and affected governmental agencies when prosecution of the Work may affect them. • B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to temporarily deny access or services. • C. Contact utilities at least 48 hours prior to excavating near underground utilities. D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of work schedule and any items which would affect their daily operation. E. Tom Knostman and/or Angel Ontiveros will be the Pavement Engineer/Project Manager for the City of Fort Collins. Tom Knostman 970-221-6576 Mobile 970-679-7947 Angel Ontiveros 970-221-6615 Mobile 970-218-1973 F. Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's convenience. General Requirements - Page I of 14 SECTION 01010 SUMMARY OF WORK • UTILITIES Water: City of Fort Collins, Colorado 221-6700, Meter Shop 221-6759 Storm Sewer: City of Fort Collins, Colorado 221-6700 Sanitary Sewer: City of Fort Collins, Colorado 221-6700 Electrical: City of Fort Collins, Colorado 221-6700 Gas: Public Service Company of Colorado 482-5922,221-8553 Telephone: U.S. West Communications 484-0300,226-6310 Traffic Operations: City of Ft. Collins, Colorado 221-6608 Cable Television: Comeast 493-7400 *Utility Locates Under One -call System • 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 Emergency: 911 Police: City of Fort Collins Police Department Non -Emergency: 221-6550 Emergency: 911 Postmaster: US Postal Service: 225-4111 Transportation: Transfort: 221-6620 END OF SECTION General Requirements — Page 2 of 14 L