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HomeMy WebLinkAbout551289 ALL PRO SEALING & ASPHALT - CONTRACT - BID - 7290 CRACK SEAL & FILL PROJECT 2012City of Fort Collins Purchasing SPECIFICATIONS k CONTRACT DOCUMENTS Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov. com/purchasing CRACK SEAL & FILL PROJECT — 2015 Renewal BID NO. 7290 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: SECTION 01340 SUBMITTALS L I GENERAL A. Submit Shop Drawings, Samples, and other submittals as required by individual specification sections. 1. Project Engineer will not accept submittals from anyone but the Contractor. B. Schedule: Reference Section 01310, Construction Schedules. Submittals received by Engineer prior to the time set forth in the approved schedule will be reviewed at any time convenient to Engineer before the time required by the schedule. C. Any need for more than one re -submission, or any other delay in obtaining Engineer's review of submittals, will not entitle Contractor to extension of the Contract Time unless delay of the Work is directly caused by failure of Engineer to return any scheduled submittal within 10 days after receipt in his office of all information required for review of the submittals or for any other reason which prevents Engineer's timely review. Failure of Contractor to coordinate submittals that must be reviewed together will not entitle Contractor to an extension of Contract Time or an increase in Contract Price. D. Resubmit for review a correct submittal if errors are discovered during manufacture or fabrication. E. Review status designations listed on Project Engineer's submittal review stamp are defined as follows: 1. NO EXCEPTION TAKEN: Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work. Contractor is to proceed with fabrication or procurement of the items and with related work. Copies of the submittal are to be transmitted for final distribution. 2. REVISE AS NOTED Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work in accordance with Project Engineer's notations. Contractor is to proceed with the Work in accordance with Project Engineer's notations and is to submit a revised submittal responsive to notations marked on the returned submittal or written in the letter of transmittal. 3. REJECTED Signifies material or equipment represented by the submittal does not conform with the design concept or comply with the information given in the Contract Documents and is not acceptable for use in the Work. Contractor is to submit submittals responsive to the Contract Documents. 4. FOR REFERENCE ONLY Signifies submittals which are for supplementary information only; pamphlets, general information sheets; catalog cuts, standard sheets, bulletins and similar data, all of which are useful to Owner in design, operation, or maintenance, but which by their nature do not constitute a basis for determining that items represented thereby conform with the design concept or comply with the information given in the Contract Documents. Engineer reviews such submittals for general information but not for substance. 1.3 SUBMISSION REQUIREMENTS A. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Minimum number required: 1. Three (3) copies minimum, two (2) copies which will be retained by Project Engineer. General Requirements - Page 8 of 16 SECTION 01340 SUBMITTALS 1.4 RE -SUBMISSION REQUIREMENTS A. Make corrections or changes required by Project Engineer and resubmit until accepted. B. In writing call Project Engineer's attention to deviations that the submittal may have from the Contract Documents. C. In writing, call specific attention to revisions other than those called for by Project Engineer on previous submissions. END OF SECTION General Requirements - Page 9 of 16 SECTION 01410 TESTING 1.1 GENERAL A. Provide such equipment and facilities as required for conducting field tests and for collecting and forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment are found to be acceptable. Any product which becomes unfit for use after approval shall not be incorporated into the work. B. The contractor and sub -contractors shall have visible company names on all vehicles that enter the work zone. C. All materials or equipment proposed to be used may be tested at any time during their preparation or use. Furnish the required samples without charge and give sufficient notice of the placing of orders to permit the testing. Products may be sampled either prior to shipment or after being received at the site of the work. D. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided, sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM). E. Where additional or specified information concerning testing methods, sample sizes, etc., is required, such information is included under the applicable sections of the Specifications. Any modification of, or elaboration on, these test procedures which may be included for specific materials under their respective sections in the Specifications shall take precedence over these procedures. 1.2 OWNER'S RESPONSIBILITIES A. Owner shall be responsible for and shall pay all costs in connection with testing for the following: 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. 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 or fill on schedule for any reason except by action of the Engineer. B. Contractor shall notify the Engineer 48 hours prior to performing an operation that would require testing. 1.4 CONTRACTOR'S QUALITY CONTROL SYSTEM A. General: The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of Work, including that of their subcontractors, to ensure conformance to the functional performance of this project. This control shall be established for all construction except where the Contract Documents provide for specific compliance tests by testing laboratories or engineers employed by the Owner. The Contractors' control system shall specifically include all testing required by the various sections of these Specifications. General Requirements - Page 10 of 16 SECTION 01410 TESTING B. Superintendence: The Contractor shall employ a full time Superintendent to monitor and coordinate all facets of the Work. The Superintendent shall have adequate experience to perform the duties of Superintendent. C. Contractor's quality control system is the means by which he assures himself/herself that the construction complies with the requirements of the Contract Documents. Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction schedule. D. Records: Maintain correct records on an appropriate form for all inspections and tests performed, instructions received from the Engineer and actions taken as a result of those instructions. These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or test, nature of defects, causes for rejection, etc.) proposed or directed remedial action, and corrective action taken. Document inspections and tests as required by each section of the Specifications. Provide copies to the Engineer weekly. END OF SECTION General Requirements - Page 11 of 16 SECTION 01510 TEMPORARY UTILITIES 1.1 UTILITIES A. Furnish all utilities necessary for construction. B. Make arrangements with Owner as to the amount of water required and time when water will be needed. 1. Meters may be obtained through the Water Utility Meter Shop at 221-6759 2. Unnecessary waste of water will not be tolerated. C. Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor. 1.2 SANITARY FACILITIES A. Furnish temporary sanitary facilities at each site for the needs of construction workers and others performing work or furnishing services on the Project. B. Properly maintain sanitary facilities of reasonable capacity throughout construction periods. C. Enforce the use of such sanitary facilities by all personnel at the site. D. Obscure from public view to the greatest practical extent. END OF SECTION General Requirements - Page 12 of 16 SECTION 01560 TEMPORARY CONTROLS 1.1 NOISE CONTROL A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated areas. Review the requirements of Section 108. B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. C. Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 a.m. Startup of the hot pot shall be in accordance with Section 108. 1.2 DUST CONTROL A. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing material. The Contractor shall be respectful to pedestrians and bicyclist when sweeping road surfaces. The Contractor shall cease operation till the citizen has cleared the area. B. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist with water or by application of a chemical dust suppressant. 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. 1. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site. 2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts. 1.4 EROSION CONTROL A. Take such measures as are necessary to prevent erosion of soil that might result from construction activities. Measures in general will include: a. Control of runoff. b. Trapping of sediment. c. Minimizing area and duration of soil exposure. d. Temporary materials such as hay bales, sand bags, plastic sheets, riprap or culverts to prevent the erosion of banks and beds of watercourses or drainage swales where runoff will be increased due to construction activities. B. Preserve natural vegetation to greatest extent possible. C. Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion. D. Comply with the City of Fort Collins' Storm Drainage and Erosion Control Manual (latest edition). General Requirements - Page 13 of 16 SECTION 01560 TEMPORARY CONTROLS 1.5 TRAFFIC CONTROL A. Maintain traffic control in accordance with the latest revisions of the "Manual of Uniform Traffic Control Devices" (MUTCD), the City of Fort Collins "Work Area Traffic Control Handbook," and the "Larimer County Urban Area Street Standards." In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. 1.6 PARKED VEHICLES Refer to Revision of Section 104 for issues related to parked vehicles. END OF SECTION General Requirements - Page 14 of 16 SECTION 01700 CONTRACT CLOSEOUT 1.1 CLEANING AND RESTORATION A. Return the premises and adjacent properties to conditions existing or better than existing at the time the work was begun. This will include providing labor, equipment and materials for cleaning, repairing and replacing facilities damaged or soiled during construction. The Engineer will be the judge of the degree of restoration required. 1.2 PROJECT RECORD DOCUMENTS A. Maintain on the job site, and make available to the Engineer upon request records, photographs, and written descriptions of said work as may be required by the Engineer. Documents shall be submitted prior to project acceptance. END OF SECTION General Requirements - Page 15 of 16 SECTION 01800 METHOD OF MEASUREMENT AND BASIS OF PAYMENT 1.1 DEFECTIVE WORK A. Owner will not pay for defective work and will not pay for repair or additional work required to bring the project to a point of acceptance including traffic control. 1.2 BID PRICE A. The Total Bid Price covers all Work required by the Contract Documents. All work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included in the prices bid for the various items of Work. B. Prices shall include all costs in connection with the proper and successful completion of the Work, including furnishing all materials, equipment, tools, and traffic control personnel and equipment; and performing all labor and supervision to fully complete the work. C. Unit prices shall govern over extensions of sums. Refer to the "Project Specifications" documents to define payment items. D. Unit prices shall not be subject to re -negotiation. 1.3 ESTIMATED QUANTITIES A. All quantities stipulated in the Bid Form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The basis of payment shall be the actual amount of materials furnished and Work done. B. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise, on account of any difference between the amount of Work actually performed and materials actually furnished and the estimated amount thereof. END OF SECTION General Requirements - Page 16 of 16 SECTION 02000 PROJECT SPECIFICATIONS The Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (latest revision), and the current Larimer County "Urban Area Street Standards", (hereafter referred to as the "Standard Specifications" or "LCUASS") are made a part of this Contract by this reference, except as revised herein, and are hereby adopted as the minimum Standard Specifications of Compliance for this project. In those instances where the Standard Specifications conflict with any of the provisions of the preceding Sections, the preceding Sections shall govern. INDEX OF REVISIONS SECTION 104 Traffic and Parking Control 105 Control of Work 108 Prosecution and Progress 208 Erosion Control 408 Crack Sealant & Crack Filler 627 Pavement Marking 630 Construction Zone Traffic Control Project Specifications- Page I of 22 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: None The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 1, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7_ The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. REVISION OF SECTION 104 TRAFFIC AND PARKING CONTROL Section 104 of the Standard Specifications is hereby revised as follows: MAINTAINING TRAFFIC Subsection 104.04 shall be revised to include the following. It shall be the Contractor's responsibility to clear parking from the streets when such parking will interfere with the work. Prior to work that requires the street(s) to be closed to parking and/or traffic; the street(s) shall be posted for "NO PARKING". "NO PARKING" Signs shall be placed at a minimum of 100 foot intervals. The placement of these signs shall take place at least 24 hours prior to the commencement of work and shall clearly state the type of work, date and times that the sign is in effect. (For example, if a street is to be crack sealed on Wednesday, September 6, the street shall be posted no later than Tuesday, September 5, by 7:00 a.m. with a sign that reads similar to "NO PARKING, WEDNESDAY, JULY 2, 7:00 A.M. TO 6:00 P.M., CRACK SEALING.) See sample "NO PARKING" sign. "NO PARKING" signs shall remain in place until the street is opened to traffic after all clean-up operations have been completed. All information on the "NO PARKING" signs, with the exception of the type of work, date and times shall be in block letters permanently affixed to the sign. Any information added to a sign, such as dates, shall be clearly legible and written in block style letters. The "NO PARKING" signs shall be in effect for one or two days only. In the event the Contractor deems it necessary to remove a vehicle that has not adhered to the "NO PARKING" notification, the Contractor shall first make every reasonable effort to locate and contact the owner of the vehicle. Should the Contractor be unable to locate the owner of the vehicle, the Contractor should notify the Engineer to arrange for any required towing. If the "NO PARKING" sign has been in place for a minimum of 24 hours, the City will make every reasonable effort to remove the offending vehicle within four (4) hours of notification by the Contractor. The Contractor shall not be entitled to any additional compensation for delays associated with the towing of illegally parked vehicles. The Contractor shall have an approved Traffic Control Plan on site at all times. Traffic control signage on the construction site shall be set up in accordance with the approved traffic control plan and in accordance with the specifications. Work performed by the Contractor without an approved traffic control plan or when "No Parking" signs have not been placed as required by the specifications shall not be paid. The Contractor shall also be subject to a pay deduction of up to $1,000.00 per occurrence per day for traffic control not in compliance with referenced specifications or requirements contained herein. Issues subject to deductions may include but are not limited to: Traffic Control Supervisor not on the project site at all times (unless pre -approved by the Engineer) An approved traffic control plan not on site Traffic control device set up by flagging personnel unless assisting the Tragic Control Supervisor Traffic control signage not set up in accordance with the approved traffic control plans Inadequate flagging and/or flagging equipment The Engineer shall issue a written warning to the Contractor, subcontractor, and/or Traffic Control Supervisor documenting the type of violation and the Engineer shall determine the deduction amount based on the Engineers' opinion of the infraction severity and the number of previous infractions. Upon issuance of the third violation, the Engineer may request removal from the project of the subcontractor providing traffic control and/or the Contractors Traffic Control Supervisor and flagging personnel. Removal from the project in which the violations were issued shall be in effect for the remainder of the year. The contractor shall find a replacement Traffic Control subcontractor within two weeks of the third notice without a price adjustment or the Contract may be terminated and rebid. Project Specifications- Page 2 of 22 REVISION OF SECTION 104 TRAFFIC AND PARKING CONTROL At or near the end of each work day, a representative of the Contractor (the Traffic Control Supervisor) and the Engineer will meet to discuss the progress of the work and the placement of upcoming traffic control devices including "NO PARKING" signs. The quantity of traffic control devices used that day and for the next day shall be agreed upon by the Contractor and the Engineer. Any necessary adjustments shall be made. At this time the Contractor shall also review with the Engineer the proposed means of handling parking and traffic control for the upcoming work. It is the responsibility of the Contractor to minimize any inconvenience to the public as a result of their work. The Contractor shall maintain access at all times to all businesses within the project and shall communicate their schedule 48 hours prior to work, to all businesses and residents effected by their work. Any changes in the traffic control as directed by the Engineer, including additional signs, barricades, and/or flaggers needed in the field shall be immediately implemented. Traffic Control costs including but not limited to furnishing devices/equipment, set up/removal/modification, TCS and Flagging personnel, vehicles, phones, notification delivery, hand signs, communication devices, sandbags, and all related incidental items required for traffic control under this contract shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work. No measurement or payment shall be made separately for traffic control related items as specified in the specifications or as directed by the Engineer excluding Variable Message Boards, Advance Warning Panel, and Additional Flagging Personnel. See Revision of Section 630. Project Specifications- Page 3 of 22 REVISION OF SECTION 104 TRAFFIC AND PARKING CONTROL NO PARKING Wed SETT 6 7:00 AM - 6:00 PM CRACK SEALING END OF SECTION Project Specifications- Page 4 of 22 REVISION OF SECTION 105 CONTROL OF WORK Section 105 of the Standard Specifications is hereby revised as follows: PLANS, SHOP DRAWINGS, WORKING DRAWINGS, OTHER SUBMITTALS, AND CONSTRUCTION DRAWINGS Subsection 105.02 shall be revised to include the following: The Contractor shall furnish the required submittals in TABLE 105-1 before the commencement of work. Three (3) copies shall be furnished to the Engineer, two (2) copies will be returned to the Contractor upon approval. Submittals shall not be measured and paid for separately but shall be included in the work. TABLE 105-1 SUMMARY OF CONTRACTOR SUBMITTALS Section No. Description Approval Needed Reoccurring 108.03 Schedule of Work Yes Yes 208.06 Spill Kit: List of items included Yes No 408.02 Crack Sealant/Crack Filler Certificate of Compliance Yes No 408.02 MSDS Sheets Yes No 408.04 Crack Sealant/Crack Filler Measurement Plan Yes No 630.10 Traffic Control Plan Yes Yes 630.11 TCS Qualifications (reoccurs when TCS and flag ers change) Yes No 630.11 Resident Notification Letter Yes Yes COOPERATION BY CONTRACTOR Subsection 105.10 shall be revised to include the following: The City's commitment to our Environmental Management System (EMS) requires that vehicles on City projects shall comply with the adoption of a "Limitation on Engine Idling" policy designed to reduce environmental impacts related to construction. Please comply with turning off vehicles instead of idling for long periods of time (more than three minutes, as a general rule). COOPERATION BETWEEN CONTRACTORS Subsection 105.12 shall be revised to include the following: City Utilities, Parks, Traffic, Streets, concrete and utility contractors may perform work related to the project within or near the limits of the projects. The Contractor shall conduct the Work without interfering or hindering the progress or completion of the work being performed by other contractors. The Contractor shall coordinate extensively with these entities to minimize traffic control and scheduling conflicts, and ensure timely completion of all the work. INSPECTION AND TESTING OF WORK Subsection 105.16 shall be revised to include the following: The Contractor shall keep the Engineer informed of his future construction operations to facilitate scheduling of required inspection, measuring for pay quantities, and sampling. The Contractor shall notify the Engineer a minimum of 24 hours in advance of starting any construction operation that will require inspection, measuring for pay quantities, or sampling. Failure of the Contractor to provide such notice will relieve the Owner and the Engineer from any responsibility for additional costs or delays caused by such failure. Project Specifications- Page 5 of 22 REVISION OF SECTION 105 CONTROL OF WORK Inspection of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his contract as prescribed. Work and materials not meeting specifications shall be corrected and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been previously inspected by the Engineer or that payment therefore has been included in the progress estimate. MAINTENANCE DURING CONSTRUCTION Subsection 105.19 shall be revised to include the following: Concrete areas, including curb, gutter, driveways, and sidewalk adjacent to and through the construction area shall be cleaned of debris generated by the Contractor at the earliest opportunity, but in no case shall the area not be cleaned after the completion of the day's work. Large debris (greater than one (1) inch) shall be picked up and disposed of offsite. Smaller particulate debris shall be blown from the sidewalks, driveways, curb, and gutter into the street where it can be picked up by the sweeper without transmitting debri back on sidewalk areas. It shall be the Contractor's responsibility to provide the necessary manpower and equipment to satisfactorily clean the roadway area at no extra cost. The Contractor shall utilize a combination of pick-up brooms, side brooms and/or other equipment as needed to clean the streets before leaving a project area and at least once a week prior to the weekend. The requirement to sweep the streets shall be suspended during the leaf fall period between September 12t' and November 12tn unless directed by the Engineer for areas with minimal leaf fall. All sweeping and clean up equipment shall be approved by the Engineer prior to the commencement of work. The Contractor shall maintain the streets during the construction process as prescribed above. If a street requires additional sweeping by City forces, the Owner shall deduct from compensation due the Contractor, sufficient funds to cover the Owner's cost to provide said service. All cost of maintaining the work during construction and before the project is accepted shall not be paid for separately, but shall be included in the work including all required traffic control devices, personnel, and related traffic control incidentals. END OF SECTION Project Specifications- Page 6 of 22 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised as follows: SCHEDULE Subsection 108.03 shall be revised to include the following: A schedule of work must be submitted prior to starting work and shall contain the number of working days per area to complete all unit work items covered by the contract. Vicinity maps of the areas are included in Section 03500, Project Maps. The schedule should take any priorities into consideration. The schedule should also include projected start and end dates. Prior to award, mutually acceptable milestones shall be determined by the Contractor and the City based on the schedule of working days discussed above. LIMITATION OF OPERATIONS Subsection 108.05 shall be revised to include the following: The work shall be completed within the following calendar months: JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC DETERMINATION AND EXTENSION OF TIME Subsection 108.08 shall be revised to include the following: Residential and Collector work hours shall be 7:00 a.m. to 6:00 p.m., Monday through Friday, or as approved by the Engineer. Arterial road work hours shall be restricted from 8:30 a.m. to 3:30 p.m., or as approved by the Engineer. Preparatory work such as heating equipment and material, cleaning equipment and tools, and/or incidental preparation for the days work shall be done at the Contractors yard/shop, the Streets Department yard/shop, or in a private area the Contractor has pre -arranged for use as approved by the Engineer. Contract working days shall be one hundred sixty (160) days after work commences. The City of Fort Collins reserves the right to add or delete work as necessary. The City will prioritize the order in which the work will be completed. The Contractor shall mobilize to the area within ten (10) working days of Notice to Proceed or after receiving notification of accessibility of work area. FAILURE TO COMPLETE WORK ON TIME Subsection 108.09 shall be revised to include the following: Failure to meet the agreed upon milestones, mobilize to an area within the days specified in Section 108, or fully complete the project within one hundred sixty (160) 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 22 REVISION OF SECTION 208 EROSION CONTROL Section 208 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 208.01 shall be revised to include the following: This work shall consist of providing appropriate and adequate spill prevention measures during the installation of the crack sealant and crack filler materials. Work shall be in accordance with the latest revisions of the City of Fort Collins Urban Drainage and Flood Control District Urban Drainage Criteria Manual, the City of Fort Collins Environmental Standard Operating Procedures contained herein (Section 04000), and the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction. Any loss of time or materials due to spill related events shall be the sole responsibility of the Contractor. Any damage to surrounding properties or facilities during a spill event, either on site or off site, which occurs during the course of the project, shall be the sole responsibility of the Contractor. CONSTRUCTION REQUIREMENTS Subsection 208.03 shall be revised to include the following: It shall be the Contractors responsibility to ensure that all sidewalks, driveways, curbs, and gutters adjacent to the project shall be clean of construction debris at the end of each working day. Upon leaving the project site(s) the Contractor shall sweep the streets and pick up debris blown into the streets. Contractor shall monitor sweeping operations to ensure that brooms are not kicking debris back onto the sidewalks, driveways, curbs, and gutters. Subsection 208.06 shall be revised to include the following: An appropriate Spill Kit shall be on site with each piece of equipment at all times during the installation of the work. The Contractor shall submit a description of the items contained in each Spill Kit and items shall be approved by the Engineer. METHOD OF MEASUREMENT Subsection 208.11 shall be revised to include the following: All costs associated with materials, cleanup, and spill protection shall not be measured or paid for separately, but shall be considered incidental to the Work. BASIS OF PAYMENT Subsection 208.12 shall be revised to include the following: All related costs shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work and no measurement or payment shall be made separately for material, cleanup, personnel, and related incidental items as specified in these specifications, and as directed by the Engineer. END OF SECTION Project Specifications- Page 8 of 22 REVISION OF SECTION 408 CRACK SEALANT & CRACK FILLER Section 408 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 408.01 shall be revised to include the following: This work shall include furnishing and placing an approved hot poured joint or crack sealant in properly prepared cracks in asphalt pavement. The work shall conform to the latest revisions of the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction, the City of Fort Collins Work Area Traffic Control Handbook, and the Larimer County Urban Area Street Standards (LCUASS). MATERIALS Subsection 408.02 shall be revised to include the following: Crack Sealant: material shall be hot poured, polymer modified asphalt crack and concrete joint sealant meeting the requirements of CDOT Section 408.02, or a similar approved equivalent, and shall conform to the following requirements: CRACK SEALANT Cone Penetration: 77' F(25°C), ASTM D5 30-50 Flow: 140°F (60°C), ASTM D 5329 3 mm max. Resilience: @ 77°F(25°C), ASTM D 5329 40 - 55% Softening Point: ASTM D36 205OF min. Flexibility: 2 Sec. 1" Mandrel -10°F no cracks Ductility: 77°F 25°C , ASTM D5329 50 cm min. A certificate of compliance shall be submitted prior to construction Crack Filler: material shall be CRACK FILL hot -applied polymer modified asphalt mixed with engineered aggregate or a similar approved equivalent, and shall conform to the following requirements: CRACK FILL- B Binder Specification: Flexibility: 2 Sec. 1" Mandrel -15 min. (-6.1`C) Resilience: @ 77°F (26°C). ASTM D5329 35% min. Tensile Adhesion: ASTM D5329 500% min. Aggregate Specification: Specific Gravity 1.5 Porosity Minimum 10% pores Sheer Strength Minimum 30% A certificate of compliance shall be submitted prior to construction Project Specifications- Page 9 of 22 REVISION OF SECTION 408 CRACK SEALANT & CRACK FILLER CONSTRUCTION REQUIREMENTS Subsection 408.03 shall be revised to include the following: The Contractor shall submit the necessary Material Safety and Data Sheets (MSDS) per Table 105-1, Summary of Contractor Submittals, when providing material for the project, prior to commencement of work. In general, cracks that range from greater than 1/8" to 1" wide shall be sealed with crack sealant (CRACK SEALANT); cracks greater than 1" and/or cupped, as determined by Engineer, shall be filled with crack filler (CRACK FILL). The Engineer shall determine and mark the locations for the type of product installed at each location. A hot compressed air lance shall be used at all times. Crack widths of greater than 1/8" or larger shall be thoroughly cleaned to a depth of approximately twice the crack width. Direct flame dryers shall not be allowed. Drying and heating prior to installation of the crack seal material shall be completed in such a manner not to damage the existing bituminous surface. Care shall be taken to protect vehicles, pedestrians, and all property which may become damaged from the cleaning and installation process. Joints between the asphalt roadway and concrete curbs, gutters, cross pans, aprons and drainage structures shall be sealed. Air and pavement temperatures shall be at least 20 °F and rising but no more than 75 'F, or as directed by Engineer. The Contactor may be restricted from installation on arterial and collector roads due to the presence of salts on the road. Sealant shall be heated and applied per the manufacturer's recommendations. Using a mixture of different brands and types of sealant is prohibited. When melted and properly applied (not exceeding manufacturers recommended temperature restrictions) the crack sealant will form a resilient and adhesive compound which will effectively seal cracks in asphalt pavements. Any material that ravels or can be pulled out by hand after placement shall not be accepted. The sealant shall be leveled off and brought flush with the surface of the existing roadway by squeegee, wand shoe, or approved alternate equipment. The material shall be centered over the crack and typically, the band width of the crack seal installation shall not exceed three inches in width. The Contractor shall be responsible for their quality control to ensure that all crack sealing material is flush with the existing surface before leaving the site. In the event that the crack sealing material sinks into the crack after the first application, the Contractor shall re -apply additional material to make flush with existing surface. Each days work shall be scheduled to allow all open joints and cracks to be sealed before the end of the workday. Should inclement weather preclude this effort, joints and cracks shall be re -cleaned before sealing. The Contractor shall blow clean and sweep all sidewalks, driveways, gutters, and streets adjacent to the work area after completion of installation. See Revision of Section 105, Maintenance During Construction. Noise Control: See section 01560 or as directed by the Engineer. METHOD OF MEASUREMENT Subsection 408.04 shall be revised to include the following: The accepted quantities of crack sealant and crack filler shall be paid for at the contract unit price per pound under Bid Schedule I or the Alternate Bid Schedule 2. POUNDS PLACED SHALL BE DETERMINED BASED ON NET WEIGHT STICKERS FROM THE PALLETS OF CRACK SEALANT OR CRACK FILL MATERIAL PLACED. The Contractor shall collect these stickers and return them to the Engineer as the material is placed. The City will conduct random checks of application rate in projects to confirm applied quantities. If the equipment is scheduled Project Specifications- Page 10 of 22 REVISION OF SECTION 408 CRACK SEALANT & CRACK FILLER to leave the City site, the Contractor shall provide daily quantities which both parties shall agree to on a daily basis. The City reserves the right to use the Alternate Bid Schedule 2 which excludes the crack sealant and crack filler material. The Contractor shall arrange to pick up the material from the Fort Collins Streets Department, 625 Ninth Street. The Engineer shall be present at the time of material pick up. The Contractor shall be responsible for notifying the Engineer when re -ordering material is required. The City of Fort Collins may provide an enclosed equipment and material storage area for the duration of the Work to facilitate completion of the project under Bid Schedule 1. Traffic control shall be a subsidiary obligation to the Work under Bid Schedule I and the Alternate Bid Schedule 2 and shall not be paid for separately, excluding Variable Message Boards, Advance Warning Panel, and Additional Flagging Personnel. The Contractor shall provide adequate pedestrian and traffic control devices during the work to protect the public. The Contractor shall include any and all devices, flagging, signs, and incidentals as part of the line item unit pricing. BASIS OF PAYMENT Subsection 408.05 shall be revised to include the following: Payment shall be made under: Pa,, Ism Unit 408.01 CRACK SEALANT Crack Sealant (Arterial) LBS 408.02 CRACK SEALANT Crack Sealant (Collector) LBS 408.03 CRACK SEALANT Crack Sealant (Residential) LBS 408.04 CRACK FILL Crack Filler (Arterial) 408.05 CRACK FILL Crack Filler (Collector) LBS LBS 408.06 CRACK FILL Crack Filler (Residential) LBS The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and all required traffic control devices, personnel and related traffic control incidentals and for all the Work involved in installing crack sealant and crack filler, as specified in these specifications, and as directed by the Engineer. Prices and payments made under Alternate Bid Schedule 2 shall include full compensation for furnishing all labor, tools, equipment, and all required traffic control devices, personnel and related traffic control incidentals and for all the Work involved in installing crack sealant and crack filler, as specified in these specifications, and as directed by the Engineer. CRACK SEAL AND CRACK FILL MATERIAL SHALL BE EXCLUDED FROM ALTERNATE BID SCHEDULE 2 AND SHALL BE SUPPLIED BY THE CITY. END OF SECTION Project Specifications- Page 11 of 22 OWNER: CITY OF FORT COLLINS By: -Z r(q GERRY f5AUL DIRECTOR OF PURCHASING AND RISK MANAGEMENT Title: L "fCL6n Date:_ Attest: City Clerk _ems=sue.. Address for giving notice P. O. Box 580 Fort Collins, CO 80522 .l� CONTRACTOR: Waterhouse, Inc. DBA All Pro Sealing PRINTED Title: U �, Date: (CORPORATE SEAL) Attest: 4Lk � X Address for giving notices: License No.: REVISION OF SECTION 627 PAVEMENT MARKING Subsection 627 shall be revised to include the following: DESCRIPTION Subsection 627.01 shall be revised to include the following: This work shall consist of furnishing, installing, and removing temporary pavement markings in accordance with the latest revisions of the City of Fort Collins Traffic Operations Manual, City of Fort Collins Work Area Traffic Control Handbook, Larimer County Urban Area Street Standards (LCUASS), Colorado Department of Transportation Standard Specifications for Road and Bridge Construction, and The Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) and in conformity to the lines, dimensions, locations, and details shown on the plans or as established by the Engineer. CONSTRUCTION REQUIREMENTS Subsection 627.03 shall be revised to include the following: Permanent pavement markings shall be installed by the City of Fort Collins. Temporary pavement markings/delineation of lanes may include temporary tape, tabs, or vertical panels as required by the Engineer and shall be installed by the Contractor. PAVEMENT MARKINGS/DELINEATION OF LANES Subsection 627.10 shall be revised to include the following: Temporary pavement markings shall be suitable for use on asphalt cement or portland cement concrete pavements, shall be installed and removed by the Contractor, and shall conform as follows: 1. The surface shall be clean, dry, and free of dirt, oils, and grease. The tape/tab shall be pressed down until it adheres properly and conforms to the surface. 2. All roads shall have temporary pavement markings before they are opened to traffic unless the City Stripping Crew has been scheduled to install permanent pavement markings prior to opening the road to traffic. 3 Markings applied to the final surface shall not leave a scar that may conflict with permanent markings. 4. Temporary markings shall be installed in such a way that the markings adequately follow the desired alignment. 5. Temporary pavement marking tape/delineation of lanes shall be required for all lane lines. a. Lane lines shall be "tapped" intermittently with a 2' long by 4" wide reflective temporary strip at 50' intervals. b. Stop bars shall be "tapped" to a minimum width of 12". Stop bars shall NOT be required at signalized intersections. Contractor may be required to provide additional signage (i.e. Stop Sign Ahead, Stop Here On Red, etc.); `Stop Here On Red" signs SHALL be required at signalized intersections. c. It is the Contractor's responsibility to notify the Engineer prior to completion of work to allow scheduling of the permanent pavement markings to be installed by City crews. 6. Removable pavement markings shall be installed in accordance with the manufacturer's recommendations and maintained by the Contractor until permanent pavement markings are installed by City crews. Project Specifications- Page 12 of 22 REVISION OF SECTION 627 PAVEMENT MARKING 7. Temporary edge lines are not typically required when curb and gutter is adjacent to the road. Temporary edge lines shall be required when there is no curb and gutter adjacent to the road. 8. All tape/delineation shall be removed by the Contractor after permanent markings have been completed by City Crews. METHOD OF MEASUREMENT Subsection 627.12 shall be revised to include the following: All costs associated for materials, installation, removal, and maintenance of temporary pavement marking/delineation will not be measured or paid for separately, but shall be considered incidental to the Work. BASIS OF PAYMENT Subsection 627.13 shall be revised to include the following: All costs for installing and removing temporary stripping/delineation of lanes shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work and no measurement or payment shall be made separately for the material, installation, removal, and maintenance of temporary stripping/delineation of lanes including all required traffic control devices, personnel, and related traffic control incidentals, as specified in these specifications, and as directed by the Engineer. END OF SECTION Project Specifications- Page 13 of 22 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 630.01 shall be revised to include the following: This work shall consist of furnishing, installing, moving, maintaining, and removing temporary construction traffic control devices including but not limited to signs, advance warning arrow boards, variable message boards, barricades, channelizing devices, and delineators as required by the latest revisions of the City of Fort Collins Work Area Traffic Control Handbook, the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), the Larimer County Urban Area Street Standards (LCUASS), and the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction. In the event of a conflict between the MUTCD and the City's criteria, the City of Fort Collins specifications shall govern. MATERIALS Subsection 630.02 shall be revised to include the following: All traffic control devices placed for the project must meet or exceed the minimum standards set forth in The City of Fort Collins Work Area Traffic Control Handbook and the MUTCD. All traffic control devices shall be clean and in good operating condition when delivered and shall be maintained in that manner on a daily basis. All traffic control devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (i.e. crossed out information, information written in long -hand style, etc.) Additionally, any sign blank with sign faces on both sides must have the back sign face covered when in use to avoid confusion to motorists traveling in the opposite direction and other potentially affected parties, such as residents affected by information the sign may present. CONSTRUCTION REQUIREMENTS Subsection 630.10 shall be revised to include the following: CONTRACTOR RESPONSIBILITY The Contractor shall be responsible for ensuring safe passage through the work zone for vehicles, pedestrians and bicycles. The Contractor may be required to use Variable Message Boards to advise road users about upcoming work on arterial streets as required by Traffic Operations through the approved traffic control plan. When required, the Engineer will issue direction for the number of boards, general locations for placement, and message verbiage. 1. Two-way traffic shall be maintained at all times unless approved by the Engineer. Lane width shall be maintained at a minimum of ten (10) feet. 2. The Contractor will provide 24 hour minimum notice to the City of Fort Collins Traffic Department when project operations will be near a signalized intersection. TRAFFIC CONTROL PLAN - GENERAL HAND DRAWN PLANS SHALL NOT BE ACCEPTED. Traffic control through the construction area is the responsibility of the Contractor. Project Specifications- Page 14 of 22 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL When a device is not in use, the Contractor shall remove it from the project for the period it is not needed. Devices temporarily not in use shall, at a minimum, be removed from the area. Moving will include devices removed from the project and later returned to use. Traffic control devices may be placed and/or stored in the City right-of-way in such a manner that minimizes the hazards to pedestrians, bicyclists and vehicles. Traffic control devices shall be removed from the site immediately upon completion of the work for any street(s). In the event there is a safety issue, the Engineer may issue a "Stop Work Order" until the issue(s) is corrected. The Contractor shall not be entitled to any additional compensation for delays associated with the "Stop Work Order". Approved traffic control plans shall be available on site at all times. See Revision of Section 104. TRAFFIC CONTROL PLAN - PROJECT Traffic control plans shall be submitted for all work locations prior to commencement of any work. Plans shall be submitted along with the City of Fort Collins Traffic Approval Forms. Traffic control plans shall be prepared by a Traffic Control Supervisor certified by the American Traffic Safety Services Association (ATSSA) or a Worksite Traffic Control Supervisor certified by the Colorado Contractor's Association (CCA). HAND DRAWN PLANS SHALL NOT BE ACCEPTED. Typical Traffic Control Plans for work within the right-of-way shall be submitted for approval to the Engineer as follows: Typical submittals for scheduled residential work shall be submitted 2 working days prior to commencement of the work. Submittals for full closures on residential streets shall be submitted one (1) week prior to the commencement of work. Submittals for full closures on arterial and collector streets shall be submitted two (2) weeks prior to the commencement of work. All plans shall be delivered to the Engineer, 625 Ninth Street, Fort Collins. Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Traffic Control Plan has been approved. Failure to have an approved Traffic Control Plan shall constitute cause for the City to stop work and the Owner may deduct from Contractors' compensation $1,000.00 per ocurrence per day for said condition, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. The Traffic Control Plan shall include, as a minimum, the following: 1. A detailed diagram which shows the location of all sign placement, including advance construction signs and speed limit signs; method, length and time duration for lane closures, and location of flag persons. Hand drawn plans shall not be accepted. 2. A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to: construction signs; vertical panel; vertical panel with light; Type I, Type lI, and Type III barricades; cones; drum channelizing devices; advance warning flashing or sequencing arrow panel. Certain traffic control devices may be used for more than one operation or phase. However, all devices required for any particular phase must be detailed and tabulated for each phase. Project Specifications- Page 15 of 22 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL 3. Number of flaggers to be used. 4. Parking Restrictions to be in affect. Approval of the proposed method of handling traffic does not relieve the Contractor of liability specifically assigned to him under this contract. TRAFFIC CONTROL MANAGEMENT Subsection 630.11 shall be revised as follows: The Contractor shall designate an individual, other than the superintendent, to be the Traffic Control Supervisor. Traffic Control Management shall be performed by a Traffic Control Supervisor (TCS). The TCS(s) shall possess a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control Supervisor or Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor. Proof of certification for each TCS utilized on the project(s) shall be provided to the City Traffic Control Department and the Engineer. The TCS shall have a minimum of one year experience as a certified TCS. Qualifications shall be submitted to the Engineer for approval a minimum of one (1) week prior to commencement of the work. The TCS shall be required to be on site at all times during construction. It is the intent of the specifications that the TCS be the same throughout the year. The TCS shall be equipped with a cellular phone. If, in the opinion of the Engineer, any traffic control individual does not perform their duties at or to the minimum industry standard, the Contractor will be required to replace that individual. The TCS duties shall include, but shall not be limited to: 1. Supervise and direct project flaggers. 2. Prepare, revise, and submit Traffic Control Plans as required. 3. Coordinate all traffic control related operations, including those of the Subcontractor and supplier. 4. Coordinate project activities with appropriate police and fire control agencies, Transfort, school districts and other affected agencies and parties prior to construction. 5. Notify residents and businesses at least 48 hours prior to construction. a. Notifications may be accomplished by a representative of the TCS such as a flagger and shall be hand typed and hand delivered to all businesses and residents. 6. Inspect traffic control devices on a calendar day basis for the duration of the project to ensure devices are functioning properly. 7. Oversee all requirements covered by the plans and specifications which contribute to the convenience, safety, and orderly movement of traffic. 8. Flagging breaks for short periods of no more than 15 minutes over a 60 minute period. 9. Traffic control device set up and removal. 10. Maintain a project traffic control diary which shall become part of the City's project records. This diary/log shall be submitted to the Engineer daily and shall include the following information as a minimum a. Date b. For Traffic Control Inspection, the time of the inspections c. Project description and location d. Traffic Control Supervisor's name e. Types and quantities of traffic control devices used per approved MHT f. List of flaggers used, including start time, stop time and number of flagging hour breaks g. Traffic control problems (traffic accidents; damaged, missing or dirty devices, etc.) and corrective action taken Project Specifications- Page 16 of 22 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Notification of residents and businesses shall be the responsibility of the TCS or TCS Representative and shall consist of distributing notifications indicating the nature of the work to be completed, any special instructions to the residents (i.e. limits on lawn watering during the Work), the dates and times of the work, and the parking and access restrictions that shall apply. Sample notifications shall be submitted to the Engineer for review prior to starting the project. Notification letters or door hangers shall include a local phone number residents with questions may use to contact the Contractor and a link to the City of Fort Collins Street Department where citizens may find additional information and project updates at "www.fcgov.com/streets". Only approved notifications shall be distributed a minimum of 48 hours prior to the commencement of each phase of the Work. Traffic Control plans shall be submitted for approval prior to commencement of any work. Traffic control conditions vary significantly in the field and the Contractor is responsible for submitting traffic control plans for each work location. Minimum traffic control requirements for Arterial, Collector, and Residential streets are contained herein. Traffic control management shall be maintained on a 24 hour per day basis. The Contractor shall make arrangements so that the Traffic Control Supervisor or their approved representative will be available on every working day, "on call" at all times, and available upon request of the Engineer during non- working hours. A 24-hour telephone number shall be provided to the Engineer. All traffic control devices and traffic control management shall be placed under the supervision of a Traffic Control Supervisor. The Traffic Control Supervisor shall have current copies of the City of Fort Collins' "Work Area Traffic Control Handbook", and Part VI of the MUTCD, pertaining to traffic control for street and highway construction, available at all times. METHOD OF MEASUREMENT Subsection 630.15 shall be revised as follows: The Traffic Control Supervisor, Flaggers necessary for the road classification, control of cross traffic, and the Contractor's daily work activities, including hand signs such as Stop/Slow paddles, and all devices/equipment, vehicles, and other associated traffic control items shall not be measured and paid for separately and shall be included in the line item unit price for the Work except as noted herein. "Variable Message Board" and "Advance Warning Panel" shall be paid per each per day as required by the specifications or as requested by the Engineer. "Additional Flagging Personnel" shall be measured and paid per hour only when requested by the Engineer for special circumstances not already included under another item. Hours of non -flagging work in excess of those authorized shall not be measured and paid for separately but shall be at the Contractor's expense. "The City of Fort Collins Master Street Plan" map depicting the street classifications (Arterial, Collector, and Residential) can be found at the following link: httD:Hcitvdocs. fc 2ov.com/?dt=Master+Street+Plan+Man&dn=GI S+MAP S&vid=192&cmd=showdt All costs associated with the Traffic Control Plan review shall not be measured or paid for separately, but shall be considered incidental to the Work. Review fees shall not be measured or paid for separately and shall be included in the line item unit price for the Work. The City may deduct from compensation due the Contractor $10.00 per day for each traffic control device not removed from the site immediately upon completion of the work or as directed by the Engineer. The flagger(s) shall be provided with electronic communication devices when required. These devices shall not be measured and paid for separately and shall be included in the line item unit price for the Work. Project Specifications- Page 17 of 22 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL The cost of batteries, electricity and/or fuel for all lighting or warning devices will not be paid for separately but shall be considered subsidiary to the item. Sand bags and Caution tape will not be measured and paid for separately but shall be included in the line item unit price. The Contractor may provide larger construction traffic signs than those typically used in accordance with the City of Fort Collins Work Area Traffic Control Handbook and the MUTCD, if approved by the Engineer, however, no payment will be made for the additional panel size. Business signs, neighborhood traffic only signs and detour placard street names are NOT considered Specialty Signs and will not be measured or paid for separately and shall be included in the unit price for the Work. The City of Fort Collins shall not be responsible for any losses or damage due to theft or vandalism. The City of Fort Collins will not be responsible for any damages to public or private property caused by the Contractor's construction activities. Private or public property which is damaged by the Contractor's installation, equipment, or employees will be the sole responsibility of the Contractor. Project Specifications- Page 18 of 22 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL The following figures indicate the minimum required traffic control for each street classification: FIGURE 630-1 TYPICAL ARTERIAL TRAFFIC CONTROL PLAN OWNER TRAFFIC CONTROL TYPICAL LEFT LANE NOT DRAWN TO SCALE DEVICE TABULA-nON 2 - ROAD WORK AHEAD 2 - LEFT LANE CLOSED AHEAD 2 - TRANSITION(L) 40.28' TRAFFIC CONES CONTRACTOR COMPANY CANTACT NAME DATE PHONE # TCS CERT # SHEET # ARTERIAL STREETS -Shall include Flagging Personnel required for the road classification, control of cross traffic, and the Contractor's daily work activities in addition to the minimum signage required by the specifications. Approved Variable Message Boards may be required for arterial streets and shall be paid for separately under "Variable Message Board". "Advance Warning Arrow Boards" or `Additional Flagging Personnel" may be requested by the Engineer and shall be paid for separately under "Advance Warning Arrow Boards" or "Additional Flagging Personnel". Project Specifications- Page 19 of 22 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL FIGURE 630-2 TYPICAL COLLECTOR TRAFFIC CONTROL PLAN ..-.-- COMPANY CANTACT NAME DATE PHONE # TCS CERT # SHEET # OWNER CONTRACTOR TRAFFIC CONTROL NOT DRAWN TO SCALE awo EIACE TABULATION opn 2 - ROADWORK AHEAD 2 - ONE LANE ROAD AHEAD 2 - FLAGGER AHEAD 20 - 28' TRAFFIC CONES COLLECTOR STREETS -Shall include Flagging Personnel required for the road classification, control of cross traffic, and the Contractor's daily work activities in addition to the minimum signage required by the specifications. Approved Variable Message Boards may be required for collector streets and shall be paid for separately under "Variable Message Board". "Advance Warning Arrow Boards" or `Additional Flagging Personnel" may be requested by the Engineer and shall be paid for separately under "Advance Warning Arrow Boards" or "Additional Flagging Personnel". Project Specifications- Page 20 of 22 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL FIGURE 630-3 TYPICAL RESIDENTIAL TRAFFIC CONTROL PLAN OWNER RESIDENTIAL STREETS -Shall include Flagging Personnel required for the road classification, control of cross traffic, and the Contractor's daily work activities in addition to the minimum signage required by the specifications. Approved Variable Message Boards shall not be required for residential streets. "Advance Warning Arrow Boards" or `Additional Flagging Personnel" may be requested by the Engineer and shall be paid for separately under "Advance Warning Arrow Boards" or "Additional Flagging Personnel". Project Specifications- Page 21 of 22 SECTION 00530 NOTICE TO PROCEED Description of Work: 7290 Crack Seal & Fill Project — 2015 Renewal To: Waterhouse, Inc. DBA All Pro Sealing 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: Waterhouse, Inc. DBA All Pro Sealing is Title: REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL 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 Advance Warning Arrow Board Per each per day 630.03 Additional Flagging Personnel Hour All traffic control costs including but not limited to furnishing equipment, equipment set up/removal/modification, TCS and flagging personnel including required break times, vehicles, phones, notification delivery, hand signs, communication devices, sandbags, and all related incidentals required for traffic control shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work per the Typical Minimum Standards contained herein (Figures 630-1, 630-2, 630-3). Payment shall be made for "Additional Flagging Personnel" only when requested by the Engineer and when additional to the minimum flagging personnel requirements noted herein. SPECIAL CONDITIONS FOR WORK ON ARTERIALS AND COLLECTORS NOTE: CROSS STREET TRAFFIC SHALL BE MAINTAINED AT ALL TIMES UNLESS AUTHORIZED BY THE ENGINEER IN WRITING. NOTE: FULL CLOSURES ON ARTERIALS AND COLLECTORS WILL BE ALLOWED UNDER EXTREME CIRCUMSTANCES AND ONLY UPON APPROVAL OF THE ENGINEER. PLANS SHALL BE APPROVED A MINIMUM OF TWO WEEKS PRIOR TO THE COMMENCEMENT OF WORK AND/OR THE TIME REQUIRED TO ADEQUATELY NOTIFY THE PUBLIC THROUGH THE MEDIA. NOTE: CONSTRUCTION OR REPAIR WORK WILL NOT BE PERMITTED AT OR IN THE VICINITY OF A SIGNALIZED INTERSECTION OR ANY ARTERIAL AND COLLECTOR STREETS THAT HAVE MAJOR TRAFFIC VOLUMES BETWEEN THE HOURS OF 7:00 A.M. TO 8:30 A.M. OR 3:30 P.M. TO 6:30 P.M. (EXCEPT IN THE CASE OF AN EMERGENCY). EXCEPTIONS MAY BE MADE FOR CONSTRUCTION OR REPAIR WORK ON ARTERIALS AND COLLECTORS BETWEEN THE HOURS OF 7:00 A.M. TO 6:00 P.M., MONDAY THROUGH FRIDAY EXCLUDING HOLIDAYS, WHEN ALL EQUIPMENT, LABOR, TRAFFIC CONTROL DEVICES AND CONSTRUCTION ARE NOT IN THE VICINITY OF AN INTERSECTION. THE ENGINEER WILL AUTHORIZE SUCH WORK AND SPECIFY THE REQUIRED DISTANCE FROM THE INTERSECTION. NOTE: TIME RESTRICTIONS ON S.H. 287 (COLLEGE AVENUE AND HIGHWAY 14 MULBERRY STREET (EAST OF LEMAY AVENUE) WILL NORMALLY BE RESTRICTED FROM 9:00 AM TO 3:00 PM. SPECIAL CONDITIONS FOR WORK ON RESIDENTIAL STREETS NOTE: FULL CLOSURES ON RESIDENTIAL STREETS SHALL BE ALLOWED AS SHOWN ON THE TRAFFIC CONTROL PLANS. END OF SECTION Project Specifications- Page 22 of 22 SECTION 02500 QUANTITY ESTIMATE This work shall consist of crack sealing and crack filling on designated streets in the City of Fort Collins. A list of streets is contained herein. Additional quantities are included in the contract quantities for streets not identified at the time of the bid. All quantities stipulated in the Bid Schedule are approximate and shall be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted. The basis of payment shall be the actual amount ofmaterials furnished and Work completed. Contractor agrees to make no claim for damages, anticipated profits, or otherwise on account of any difference between the amounts of Work actually performed and materials actually furnished and the estimated amount in these documents. The City reserves the right to prioritize the installation of the work. SECTION 03500 PROJECT MAPS The following maps are included: 2014 Crack Seal & Crack Fill Project Maps 1. Page 1 of 16: Overview 2. Pages 2 through 16 Individual Project Area Maps "The City of Fort Collins Master Street Plan" map depicting the street classifications (Arterial, Collector, Residential) can be found at the folIowing link: http: //ci tydocs.f cgov.com/?dt=M aster+Street+Pl an+M ap& do=Gl S+M A PS& vi d=192& cmd=showdt SECTION 04000 EROSION CONTROL AND INLET PROTECTION INDEX OF ENVIRONMENTAL STANDARD OPERATING PROCEEDURES (ESOP) New Construction Activities for Municipalities 1 of 2 Street, Curb, and Gutter Replacement and Construction 1 of 3 Street, Curb, and Gutter Maintenance 1 of 3 Spill Prevention and Response 1 of 4 Utility and Storm Sewer System Maintenance 1 of 4 Utility and Storm Sewer System Replacement and Construction 1 of 3 Power Washing 1 of 3 Vehicle Fueling 1 to 3 Outdoor Fleet Maintenance 1 of 4 Heavy Equipment and Vehicle Maintenance 1 of 4 For More Information Name Address City, State Phone e-mail Possible Pollutants Sediment Chemicals Organics Trash Good Housekeeping Waste Management Employee/Contractor Training Proper Cleanup and Disposal Procedures Related Procedures Heavy Equipment and Vehicle Maintenance Parks and Open Space Maintenance Spill Prevention and Response Street, Curb, and Gutter Replacement and Construction Utilities and Storm Sewer System Replacement and Construction Vehicle Fueling New Construction Activities for Municipalities Description This fact sheet covers new construction activities disturbing less than one acre not subject to a CDPS Construction permit. New construction includes, but is not limited to buildings, structures, capital improvements, roadways, and recreational components such as trails, restrooms, and other structures. Procedures provided are general in nature and can be applied to any scale or type of municipal construction. When services are contracted, this written procedure should be provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the contractor is responsible for abiding by all applicable municipal, state, and federal codes, laws, and regulations. Procedures • Obtain all applicable federal, state, and local permits for construction projects. ■ The Colorado Stormwater Construction General permit applies to construction sites disturbing one acre or more, or less than one acre but part of a larger common plan of development. ■ A larger common plan of development is defined as a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan. ■ A dewatering permit may be required if construction activities require the removal and discharge of groundwater offsite. ■ A U.S. Army Corp of Engineers (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. Applicable sediment and erosion controls may be installed, such as inlet protection, silt fence, sediment traps, erosion control logs, check dams, and vehicle tracking control. Sediment and erosion controls will be Page 1 of 2 • installed and maintained in accordance with approved design criteria and/or industry standards. • Material stockpiles will not be stored in stormwater flow lines. Temporary sediment control will be used during temporary, short-term placement while work is actively occurring. • Where feasible, grading activities should be scheduled during dry weather. • Best management practices will be periodically inspected and maintained as necessary. • Waste containment for concrete washout, masonry, paint, trash and other potential pollutants will be available when these activities are being conducted. • Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response. Employee Training Train applicable employees who perform new construction activities on this written procedure. Information regarding how to avoid and report spills will be presented during the training. Periodically conduct refresher training on the SOP for applicable employees who perform new construction activities. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References City of Centennial SOP: New Construction SOP, August 2007. Mesa County, Municipal Operations and Maintenance Program, July 2005. Page 2 of 2 Street, Curb, and Gutter For More Information Name Replacement and Address Construction City, State Phone Description e-mail Procedures involving the replacement and Possible Pollutants construction of streets, curbs, and gutters have the Fine-grained sediment potential to impact stormwater quality. Materials Organics involved in these activities should be used efficiently and disposed of properly. Oil Saw -cut slurry When services are contracted, this written procedure Trash should be provided to the contractor so they have the Good Housekeeping proper operational procedures. In addition, the Dumpster/Waste Management contract should specify that the contractor is responsible for abiding by all applicable municipal, Employee/Contractor Training state, and federal codes, laws, and regulations. Proper cleanup and disposal procedures Procedures Dry cleaning methods General Related Procedures . Obtain all applicable federal, state, and local Spill Prevention and Response permits for construction projects. Street Sweeping The Colorado Stormwater Construction Street Sweeper Cleaning and General permit applies to construction sites Waste disturbing one acre or more, or less than one Street, Curb and Gutter acre but part of a larger common plan of Maintenance development. ■ A larger common plan of development is defined as a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan. ■ A dewatering permit may be required if construction activities require the removal and discharge of groundwater offsite. ■ A U.S. Army Corp of Engineers (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. • Applicable sediment and erosion controls may be installed, such as inlet protection, silt fence, sediment traps, erosion control logs, check dams, and vehicle tracking control. Sediment and erosion controls will be installed and maintained in accordance with approved design criteria and/or industry standards. • When saw cutting, ensure that no slurry enters the storm drain. Let the slurry dry, sweep it up, and properly dispose of the sweepings or vacuum while saw cutting. • Do not perform concrete or asphalt paving work during wet conditions whenever possible. • Monitor construction equipment for leaks and use drip pans as necessary. • Leaking material containers should be properly discarded and replaced. • Store materials in containers under cover when not in use and away from any storm drain inlet. • Wash out mixers, delivery trucks, or other equipment in the designated concrete washout area only. • Locate concrete washout, portable toilets, and material storage away from storm drain inlets. • Material stockpiles will not be stored in stormwater flow lines. Temporary sediment control will be used during temporary, short-term placement while work is actively occurring. • Sweep or vacuum the roadway as needed, during construction and once construction is complete. • Best management practices will be periodically inspected and maintained as necessary. • Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response procedures. • Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response. Bridge Construction • Do not transfer or load any materials directly over waterways. • Suspend drop cloths or nets below any bridgework where wastes, scraps, or drips might be spilled into a waterway. Concrete Work • Minimize the drift of chemical cure on windy days by using the curing compound sparingly and applying it close to the concrete surface. • Ensure there is a concrete truck washout area available or require the contractor to wash out at the batch plant. • Whenever possible, recycle concrete rubble; otherwise, dispose of it as solid waste. Asphalt Work • Control the placement of road base or asphalt used in embankments or shoulder backing; do not allow these materials to fall into any storm drain or watercourses. Whenever possible, recycle asphalt. If recycling is not possible, dispose of as solid waste. Painting and Striping • If possible, schedule painting and striping projects during dry weather. • Use thermoplastic or epoxy markings in place of paint whenever feasible. • Use care to prevent splashing or spilling of any liquid material. Follow the Spill Prevention and Response procedure should a spill occur. Employee Training • Train applicable employees who perform street, curb, and gutter construction on this written procedure. Information regarding how to avoid and report spills will be presented during the training. Periodically conduct refresher training on the SOP for applicable employees who perform street, curb, and gutter construction. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References City of Centennial, Department of Public Works: Asphalt and Concrete Program, No Date. City of Centennial, Department of Public Works: Asphalt Program, No Date. PACE, Stormwater Best Management Practices: Street Maintenance, No Date. Optional Additional Resources Concrete truck washout BMP specifications. Gravel road maintenance procedures. Page 3 of 3 Street, Curb, and Gutter For More Information Name Maintenance Address Description City, State Phone Street, curb, and gutter activities include concrete and e-mail asphalt installation, maintenance, repair, and replacement; bridge maintenance; and painting and Possible Pollutants striping. Procedures involving the maintenance of Fine-grained sediment streets, curbs, and gutters have the potential to impact Organics stormwater quality. Materials involved in these 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 DumpsterANaste Management proper operational procedures. In addition, the Employee/Contractor Training contract should specify that the contractor is responsible for abiding by all applicable municipal, Proper cleanup and disposal procedures state, and federal codes, laws, and regulations. Dry cleaning methods Procedures Related Procedures General Spill Prevention and Response . Protect storm drain inlets and drains with curb Street Sweeping socks, rock berms, inlet protection, or drain Street Sweeper Cleaning and covers/mats prior to any maintenance activity. Waste . When saw cutting ensure that no slurry enters the storm drain, let the slurry dry, sweep it up, and properly dispose of the sweepings. • Do not perform concrete or asphalt patch work during wet conditions whenever possible. • Leaking material containers should be properly discarded and replaced. • Store materials in containers under cover when not in use and away from any storm drain inlet. • Monitor equipment for leaks and use drip pans as necessary. • Sweep or vacuum the roadway once maintenance activities are complete. 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 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: Page 2 of 3 • Records of employee training with sign -in sheet. References City of Centennial, Department of Public Works: Asphalt and Concrete Program, No Date. City of Centennial, Department of Public Works: Asphalt Program, No Date. PACE, Stormwater Best Management Practices: Street Maintenance, No Date. Optional Additional Resources Concrete truck washout BMP specifications. Gravel road maintenance procedures. 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 Possible Pollutants of municipal operations have the potential for accidental spills. Some municipal facilities operate under Spill Chemicals Prevention Control and Countermeasures (SPCC) plans Toxics that include procedures for spill response. Proper spill Oil response planning and preparation enables employees and Paint contractors to effectively respond to problems and Fuel minimize the discharge of pollutants to the storm sewer Good Housekeeping system. Waste Management When services are contracted, this written procedure should be provided to the contractor so they have the Employee/Contractor Training proper operational procedures. In addition, the contract Proper cleanup and disposal should specify that the contractor is responsible for procedures abiding by all applicable municipal, state, and federal Related Procedures codes, laws, and regulations. Fertilizer, Pesticide, and Herbicide Application Procedures Heavy Equipment and Vehicle Spill Prevention Maintenance • Keep work areas neat and well organized. Material Storage Materials Management • Maintain a Material Safety Data Sheet (MSDS) for each hazardous chemical. Follow the Outdoor Outdoor Vehicle Maintenance Material Storage procedures. Vehicle Fueling Provide tight fitting lids for all containers. Keep containers clearly labeled. Labels should provide name and type of substance, stock number, expiration date, health hazards, handling suggestions, and first aid information. Store containers, drums, and bags away from direct traffic routes to prevent accidental spills. Inspect storage containers regularly for signs of leaking or deterioration. Replace or repair leaking storage containers. Use care to avoid spills when transferring materials from one container to another. Page 1 of 4 • Use powered equipment or get assistance when moving materials to and from a storage area. Use care to prevent puncturing containers with the equipment. • Do not wash down or hose down any outdoor work areas or trash/waste container storage areas except where wash water is captured and discharged into the sanitary sewer (if approved). • Conduct periodic inspections to ensure that materials and equipment are being handled, disposed/recycled, and stored correctly. • Provide adequate spill kits or lockers with sufficient equipment and supplies necessary for each work area where the potential for spills or leaks exists. • Inspect each spill kit or locker regularly and after each spill response. Replace any spent supplies or repair any equipment that is worn or not suitable for service. • Stock adequate personal protective equipment. Spill Response Safety Consider safety at all times. Anticipate and avoid all likely hazards. Never approach, contact, or sample an unknown substance. If a highly toxic or flammable substance is discovered, staff should leave the immediate area and contact the appropriate identified response authority, such as the fire department. If there is any question about a substance, contact the appropriate identified response authority or other designated representative. Procedures Stop the leading edge of the spill. Block or divert the spill to avoid discharge to the storm sewer system and to minimize the area requiring cleanup. • Determine the source of the spill and stop the spill at its source by closing a valve, plugging a leak, or setting a container upright. Transfer material from a damaged container. • Identify the material and volume spilled. Contact the appropriate identified response authority or other designated representative if you cannot identify the material and its properties. • Refer to the MSDS to determine appropriate personal protective equipment, such as gloves and safety glasses and appropriate cleanup methods. • Clean up spills immediately to prevent spreading of wastes by wind, rain, and vehicle traffic and potential safety hazards. • Use sand absorbents or socks, pillows, or pads to quickly capture spilled liquid and properly dispose of all clean-up materials. Use dry clean-up methods only. • Complete all necessary reports. Page 2 of 4 Spill Reporting • A spill of any chemical, oil, petroleum product, or sewage that enters waters of the state of Colorado (that include surface water, ground water, and dry gullies and storm sewers leading to surface water) must be reported immediately to the Colorado Department of Public Health and Environment. • Release of a substance into a storm drain, or onto a parking lot or roadway as part of a storm sewer leading to surface water, is reportable. However, if the material can be contained and cleaned within the storm sewer system to the degree that a subsequent flow in the storm sewer will not flush the substance to waters of the State, it may not need to be reported. • Contact the appropriate identified response authority within the municipality or other designated representative and be prepared to provide details needed to report the spill to the necessary agencies. • Detailed spill reporting guidance can be found at http: / /www.cdl2he.state.co.us/ op/wgcc/ Resources/ Guidance/ sl2ilIguidance.pdf and h2p://www.cdl2he.state.co.us/hm/sl2illsandreleases.htin 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, Stormwater Quality Pollution Prevention Guide for Municipal Operations: Parks Department Golf Course, January 2004. City of Lafayette, Spill Clean Up, No Date. Colorado Department of Public Health and Environment, Environmental Spill Reporting, January 2009. Mesa County, Municipal Operation and Maintenance Program, July 4, 2005. USEPA Menu of BMP: Spill Response and Prevention, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed July 5, 2009. Page 4 of 4 For More Information Name Address City, State Phone e-mail Possible Pollutants Sediment Nutrients Metals Hydrocarbons Trash Good Housekeeping Waste Management Employee/Contractor Training Proper Cleanup and Disposal Procedures Related Procedures Heavy Equipment and Vehicle Maintenance Parks and Open Space Maintenance Spill Prevention and Response Street, Curb, and Gutter Replacement and Construction Utility and Storm Sewer System Maintenance Description This procedure addresses utility and storm sewer system maintenance. Utilities include power, sanitary sewer, water conveyance systems, and the storm sewer system. Power includes electrical and gas utilities. Maintenance of power may require excavation and reinstallation of lines including open cut trenching or directional boring in landscaped areas or street right of way. Electrical and gas line maintenance ensures services are provided to businesses and households without interruption. The sanitary sewer system is cleaned as part of routine maintenance and on an emergency basis. Without proper maintenance, sanitary sewer back-ups and overflows may occur and can result in potential property damage and significant health concerns if not properly managed. Water conveyance systems are flushed and pressure tested as part of routine maintenance. Potable water systems must be properly maintained to ensure delivery of water that meets State and Federal health standards. Failures result in water main breaks that can cause property damage including erosion. The storm sewer system is cleaned as part of routine Utilities and Storm Sewer maintenance and on an emergency basis in the event of System Replacement and flooding. Maintenance will remove pollutants and Construction ensure the system functions properly to avoid flooding. Vehicle Fueling Flooding, ponding, and uncontrolled sheet flow can result in property damage and increased soil erosion. When services are contracted, this written procedure should be provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the contractor is responsible for abiding by all applicable municipal, state, and federal codes, laws, and regulations. Page 1 of 4 Procedures General • Conduct routine inspection and maintenance on utility and storm sewer systems. • Where feasible, schedule maintenance activities during dry weather. Monitor the jet/vacuum truck closely for leaks and use a drip pan as needed. • Wash and fuel the jet/vacuum truck per the Heavy Equipment/Vehicle Maintenance procedure. • Properly dispose of vac truck contents. • Stay alert for any signs of illicit discharges. This includes "dry weather" flows or pipes or hoses emptying directly into waterways or the storm sewer system. Report any suspicious discharges or dumping to your supervisor. Electrical and Gas Utility Maintenance • To prevent sediment, mud and particles generated by power utility maintenance from entering the stormwater system implement inlet protection, perimeter control, street sweeping, vehicle tracking control, stockpile management and material management BMPs. • Restore landscaped or hardscaped areas promptly. Potable Water Line Flushing • Remove any debris from the gutter that could wash away with the water. If possible, sweep the flow line before flushing the line. • Direct the water so that it is not flowing 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 Employee Training • Train applicable employees who perform utility and storm sewer system activities on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform utility and storm sewer system activities. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. 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. Page 4 of 4 SECTION 00610 PERFORMANCE BOND Bond No. CSBOO10384 KNOW ALL MEN BY THESE PRESENTS: that Waterhouse, Inc. DBA All Pro Sealing (address) 1432 Reeves Dr., Fort Collins, CO 80526 (a Corporation), hereinafter referred to as the "Principal" and (Firm) Contractors Bonding and Insurance Company (Address) 5300 DTC Parkway, Suite 330, Greenwood Village, CO 80111 hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins. Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of Four Hundred Fifty -Eight Thousand Thirty -Five Dollars and Ten Cents ($458,035.10) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 20th day of March, 2015, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 7290 Crack Seal & Fill Project — 2015 Renewal. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. Utility and Storm Sewer For More Information Name System Replacement and Address construction 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. In addition, the contract Good Housekeeping should specify that the contractor is responsible for abiding by all applicable municipal, state, and federal Waste Management codes, laws, and regulations. Employee/Contractor Training Proper Cleanup and Disposal Procedures Procedures General Related Procedures Obtain all applicable federal, state, and local Heavy Equipment and Vehicle permits for construction projects. Maintenance Parks and Open Space The Colorado Stormwater Construction Maintenance General permit applies to construction sites Spill Prevention and Response disturbing one acre or more, or less than one acre but part of a larger common plan of Street, Curb, and Gutter develo P development. Replacement and Construction A larger common plan of development is Utilities and Storm Sewer defined as a contiguous area where multiple System Replacement and Construction separate and distinct construction activities may be taking place at different times on Vehicle Fueling different schedules under one plan. ■ A dewatering permit may be required if construction activities require the removal and discharge of groundwater offsite. ■ A U.S. Army Corp of Engineers (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 • Applicable sediment and erosion controls may be installed, such as inlet protection, silt fence, sediment traps, sediment control logs, check dams and vehicle tracking control. Sediment and erosion controls will be installed and maintained in accordance with approved design criteria and / or industry standards. • When saw cutting, ensure that no slurry enters the storm drain. Let the slurry dry, sweep it up, and properly dispose of the sweepings or vacuum while saw cutting. • Where feasible, grading activities will be scheduled during dry weather. • Do not perform concrete or asphalt paving work during wet conditions whenever possible. • Monitor construction equipment for leaks and use drip pans as necessary. • Leaking material containers should be properly discarded and replaced. • Store materials in containers under cover when not in use and away from any storm drain inlet. • Wash out mixers, delivery trucks, or other equipment in the designated concrete washout area only. • Locate concrete washout, portable toilets, and material storage away from storm drain inlets. • Material stockpiles will not be stored in stormwater flow lines. Temporary sediment control will be used during temporary, short-term placement while work is actively occurring. • Sweep or vacuum the roadway as needed, during construction and once construction is complete. • Best management practices will be periodically inspected and maintained as necessary. • Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response procedures. Emergency Repair and Replacement Emergency Discharges are defined as situations in which it is not possible to implement all of the available BMPs due to the uncontrolled nature of the discharge. The primary focus during these events is to identify and mitigate the cause as soon as possible. Clean up of resulting sediment or other pollutants will be performed as soon as practicable following the emergency. Refer to the Spill Prevention and Response procedure for reporting requirements. Page 2 of 3 Employee Training • Train applicable employees who perform utility replacement and construction activities on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform utility replacement and construction activities. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Detention Pond Maintenance SOP, August 2007. City of Centennial SOP: Inlet, Pipe, and Vault Cleaning and Disposal SOP, August 2007. City of Centennial SOP: Drainageway Maintenance SOP, August 2007. City of Golden Stormwater Drainage Maintenance Plan, February 2008. City of Greeley, Department of Public Works: Storm Water Drainage Program, January 2008. City of Greeley, Department of Public Works: Ditch Program, No Date. City of Lafayette Standard Operating Procedure: Ditch Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Cleaning Storm Drain System, March 2009. City of Lafayette Standard Operating Procedure: Manhole Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Potable Line Flushing, March 2009. City of Lafayette Standard Operating Procedure: Sanitary sewer Backup, March 2009. City of Lafayette Standard Operating Procedure: Waterline Breaks, March 2009. Mesa County, Municipal Operations and Maintenance Program, July 2005. Partners for a Clean Environment, Storm Drain Maintenance, No date. Page 3 of 3 City of Fort Collins Regulatory and Government Affairs Division Fart Collins Verification Originator Revised Approved Issued Initials Date LR Oct.09 ss 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. Date Description No. 001 002 Procedure Index 1.0 Purpose 2.0 Scope 3.0 Process 4.0 Training Requirements 5.0 References/Related Documents 6.0 Records Revision date: 10/19/2009 Page 1 of 3 City of Fort Collins Regulatory and Government Affairs Division City of F6rt Collins Verification Originator Revised Approved Issued Initials Date LR 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. v If you add anything to the wash water (ie—a cleaning agent) or if you have questions about the content of your power washing wastewater, Revision date: 10/19/2009 Page 2 of 3 City of Fort Collins Regulatory and Government Affairs Division City of /' 1- l s Verification I Originator Revised Approved Issued Initials Date LR Oct.09 ss 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/PoIicVandGuidance/powerwash.pdf 5.2 I:\RGA division\Illicit Discharge Program\Complaint Calls\pressure washinq\City power washing quidance.pdf 6.0 Records 6.1 The following records could be used to document activities performed: • Records of employee training with sign -in sheet. • List of power washing activities and departments responsible for conducting power washing. Revision date: 10/19/2009 Page 3 of 3 For More Information Vehicle Fueling Name Description Address Spills of gasoline and diesel fuel on the ground or on vehicles City, State during fueling can wash into a storm drain and cause water Phone pollution. e-mail When services are contracted, this written procedure should be Possible Pollutants provided to the contractor so they have the proper operational Metals procedures. In addition, the contract should specify that the Hydrocarbons contractor is responsible for abiding by all applicable municipal, Toxins state and federal codes, laws, and regulations. Good Housekeeping procedures Drip pans General Secondary containment ■ Fuel vehicles at approved locations (municipal fueling Automatic shutoff nozzles station or offsite fueling station). Signs Provide spill kits near the municipal fueling location. Spill response plans Spill cleanup materials ■ If fuel is stored in an above -ground tank, store fuel in enclosed, covered tanks with secondary containment Dry cleanup methods e. concrete barrier or double -walled tanks). ( g Employee training All fuel tanks will be inspected per State and Federal Related Procedures regulations. Heavy Equipment/Vehicle Maintenance ■ Periodically inspect municipal fueling locations for the Outdoor Fleet Maintenance following: Spill Prevention and Response For above -ground tanks, inspect tank foundations, connections, coatings, tank walls, and piping systems. Look for corrosion, leaks, cracks, scratches, and other physical damage that may weaken the tank. ■ Check for spills and fuel tank overfills due to operator error. • Clean up any leaks or drips. Clean up is not completed until the absorbent is swept up and disposed of properly. Report leaking vehicles to fleet maintenance. Page 1 of 3 Vehicle Fueling • Follow all posted warnings. • Ensure that the nozzle is properly inserted in the filler neck of the vehicle before dispensing any fuel. • Remain by the fill nozzle while fueling to ensure the nozzle stays in place. • Do not top off the tank of the vehicle once the nozzle has shut off the fuel. • Follow the procedures outlined in the Spill Prevention and Response Procedure to respond to any leaks or spills. • Clean fuel dispensing areas with absorbent material. • Never use water to clean up a spill. Mobile Fuel Truck • Provide inlet protection (e.g., berms, weighted inlet covers) for nearby storm drain inlets when transferring fuel and fueling a vehicle. • Use secondary containment when transferring fuel from the tank truck to the fuel tank. All gas cans must be placed in the secondary containment box/pan and remain on the ground when fueling. • Use a funnel to transfer fuel to vehicles and equipment. After the transfer is complete, the funnel should be dried with a rag or placed in a container to avoid dripping fuel on the ground. Employee Training • Train applicable employees who fuel vehicles on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who fuel vehicles. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Vehicle Fueling, August 2007. City of Lafayette Standard Operating Procedure: Vehicle and Equipment Fueling, March 2009. Mesa County, Municipal Operation and Maintenance Program, July 4, 2005. USEPA Menu of BMPs: Municipal Vehicle Fueling, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed June 18, 2009. Page 2 of 3 Optional Additional Resources Municipal codes and ordinances that relate to vehicle fueling. Locations of approved offsite fueling stations. Locations of nearby spill kits. Spill Prevention Control and Countermeasures Plan. Page 3 of 3 Outdoor Fleet Maintenance For More Information Name Description Address Although it is recommended that fleet maintenance City, State activities be conducted indoors or under cover, it is Phone sometimes necessary to perform fleet maintenance e-mail outdoors (e.g., equipment is too large to fit inside the Possible Pollutants maintenance building, temporary repairs need to be made before the equipment can be moved to the maintenance Metals building, breakdowns, service calls). Toxins Solvents (degreasers, paint Some potential pollutants typically associated with outdoor thinners, etc.) fleet maintenance activities include oil, antifreeze, brake Antifreeze fluid and cleaner, solvents, batteries, and fuels. Consult the Brake fluid and brake pad dust Spill Prevention and Response procedure and the Vehicle Fueling procedure for additional information on those Battery acid topics. Motor oil Fuel (gasoline, diesel, kerosene) When services are contracted, this written procedure should be provided to the contractor so they have the Lubricating grease proper operational procedures. In addition, the contract Good Housekeeping should specify that the contractor is responsible for abiding Drip pans by all applicable municipal, state, and federal codes, laws, Tarps and regulations. Covered outdoor storage areas procedures Secondary containment Fleet Maintenance Proper disposal of used fluids • Fleet maintenance should be performed inside Spill cleanup materials whenever possible. Dry cleanup methods If indoor maintenance is not possible, ensure Employee training maintenance is performed in a location where Related Procedures contact with stormwater is minimized, through Heavy Equipment and Vehicle berming and appropriate routing of drainage. Maintenance • Provide inlet protection (berms, weighted inlet Material Storage covers, etc.) for all adjacent inlets when work is Spill Prevention and Response occurring in close proximity to a storm drain Vehicle Fueling inlet. Have absorbent pads and drip pans accessible to capture leaks and spills during maintenance activities. • Keep equipment clean and do not allow excessive build-up of oil and grease. Page 1 of 4 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 27th day of March 2015. - - • i1 rLs", jj4 w.zl M. (Title) (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: i Principal Waterhouse, Inc. dba All Pro Sealing and Asphalt ( e President 1432 Reeves Dr., Fort Collins, CO 80526 (Address) Other Partners By: By: Surety Contractors Bonding and Insurance Company 5300 DTC Parkway, Suite 330, Greenwood Village, CO 80111 (Address) �IN- ' *, CD - ° •.....••'o NO `tesoust not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. • Perform regular preventative maintenance to minimize the occurrence of leaks and major repairs. • Recycle and/or dispose of all wastes properly and promptly. • Do not dump any liquids or other materials outside, especially near or in storm drains or ditches. Sweep and pick up trash and debris as needed. • Clean up spills promptly using dry methods (do not hose down). Consult the mill Prevention and Response procedure for more information. Cleanup is completed only after absorbent and rags are disposed of properly. Body Repair and Painting Whenever possible, conduct all body repair and painting work indoors. • Use dry cleanup methods such as vacuuming or sweeping to clean up all metal filings, dust, and paint chips from grinding, shaving, and sanding. Dispose of the waste properly. Debris from wet sanding can be allowed to dry overnight, then swept and vacuumed. Liquid from wet sanding should not be allowed to enter the storm drain. Never discharge these wastes to the storm or sanitary sewer systems. • Minimize waste from paints and thinners by carefully calculating paint needs based on surface area and using the proper sprayer cup size. • Clean spray guns in a self-contained cleaner. Do not dispose of cleaner waste in the storm drain. • Use sanding tools equipped with vacuum capability (if available) to pick up debris and dust. Material Management Store maintenance materials and waste containers (e.g., used oil and antifreeze) in labeled containers under cover or in secondary containment (e.g., double -walled tanks). Chemicals should not be combined in containers. • All hazardous wastes must be labeled and stored according to hazardous waste regulations. • Carefully transfer fluids from collection devices to designated storage areas as soon as possible. Do not store the transferred fluids adjacent to the containers. • Store new batteries securely to avoid breakage and acid spills. • Store used batteries indoors or in secondary containment to contain potential leaks. Recycle used batteries. • Conduct periodic inspections of storage areas to detect possible leaks. Page 2 of 4 Do not wash or hose down the storage area except in areas where the wash water will only enter the sanitary sewer drain as an approved discharge. Use dry clean-up methods as often as possible. Keep lids on waste barrels and containers, and store them indoors or under cover to reduce exposure to rain. Periodically inspect and maintain all pretreatment equipment, including sumps, separators, and grease traps to ensure proper functioning. Parts Cleaning Use designated areas for engine, parts, or radiator cleaning. Do not wash or rinse parts outdoors. If parts cleaning equipment is not available, use drip pans or other containment to capture parts cleaning fluids. • Use steam cleaning or pressure washing of parts whenever possible instead of solvent cleaning. • When steam cleaning or pressure washing is used, only discharge wastewater to an oil/water separator connected to the sanitary sewer. • When using solvents, rinse and drain parts over the designated solvent tank so that fluids will not drip or spill onto the floor. Use drip boards or pans to catch excess solutions and divert them back to the tank. Allow parts to dry over the hot tank. • Recycle cleaning solution when it becomes too dirty to use. Never discharge cleaning waste to the storm or sanitary sewer systems. Vehicle and Equipment Washing • Vehicles should be washed, whenever possible, in the municipality's vehicle and equipment wash area/bay or taken to a commercial car wash. Employee Training • Train applicable employees on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform outdoor vehicle maintenance. Records The following records could be used to document activities performed: • Record of any major spills and the action taken. • Records of employee training with sign -in sheet. • Heavy equipment and vehicle maintenance logs. Page 3 of 4 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 fleet maintenance. Chemical purchasing policies. Guidelines for staff to dedicate a percentage of their time to vehicle and equipment maintenance. Specific directions on how to use the municipality's vehicle wash area. Spill Prevention Control and Countermeasures Plan. Page 4 of 4 Heavy Equipment and Vehicle For More Information 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.) 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 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 Page 3 of 4 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 SECTION 00615 PAYMENT BOND Bond No. CSB001010384 KNOW ALL MEN BY THESE PRESENTS: that Waterhouse, Inc. DBA All Pro Sealing (address) 1432 Reeves Dr., Fort Collins, CO 80526 (a Corporation), hereinafter referred to as the "Principal" and (Firm) Contractors Bonding and Insurance Company (Address) 5300 DTC Parkway, Suite 330, Greenwood Village, CO 80111 hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of Four Hundred Fifty -Eight Thousand Thirty -Five Dollars and Ten Cents ($458,035.10) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 20th day of March, 2015, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 7290 Crack Seal & Fill Project — 2015 Renewal. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 27th day of March , 2015. (Title) (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: (Surety Seal) ND \*G P��A�J`SG9,y .` oPP NOTE: D � And $t If C�OWAOR'is N WASHIIAS Principal Waterhouse, Inc. dba All Pro Sealing and Asphalt ( j ider�i -- 1432 Reeves Dr., Fort Collins, CO 80526 (Address) Other Partners By: By: Surety Contractors Bonding and Insurance Company 5300 DTC Parkway, Suite 330, Greenwood Village, CO 80111 (Address) [ be prior to date of Agreement. rtnership, all partners should execute Bond. ® Chr cRLI� an Rll Company 9025 N. Lindbergh Dr. I Peoria, 1L 61615 Phone: (800)645-2402 1 Fax: (309)689-2036 Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: W.R. Withrow, Megan A. Brown, Laurie Lewis, Renee Dameron, jointly or severally in the City of Denver , State of Colorado , as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal maybe printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 29th day of Jamiat , 2015. RLI Insurance Company O�p\p1G AND I,ys''',,. : ,,�`�PANCE co - _ 9'Z(, �^ � Contractors Bonding and Insurance COm pang Company 4O'kPORq GOP P ORy in�A� = = .mc cv. 7�= 0 =¢ SEAL aSEAL • = M °Roy State of Illinois C. Die Vice President SS 4iN05 �41NCounty I of Peoria CERTIFICATE On this 29th day of January 2015 I, the undersigned officer of RLI Insurance Company, and/or before me, a Notary Public, personally appeared Roy C. Die , who Contractors Bonding and Insurance Company, each Illinois being by me duly sworn, acknowledged that he signed the above Power of corporations, do hereby certify that the attached Power of Attorney is Attorney as the aforesaid officer of the RLI Insurance Company and/or in full force and effect and is irrevocable; and furthermore, that the Contractors Bonding and Insurance Company, and acknowledged said Resolution of the Company as set forth in the Power of Attorney, is instrument to be the voluntary act and deed of said corporation. now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bondi n and Insurance Company this 2 /th day of March 201 g.L RLI Insurance Company Jacqu ine M. Bockler Notary Public Contractors Bonding and Insurance Company "OFFICIAL SEAL" �ar� Eov, JACQUELINE M. BOCKLER Roy C. Die _._. Vice President COMMISSION EXPIRES 0111M1a 0575578020212 A0059115 CONTRACT DOCUMENTS TABLE OF CONTENTS BID INFORMATION 00300 Bid Form CONTRACT DOCUMENTS 00500 Agreement Forms 00520 Agreement 00530 Notice to Proceed 00600 Bonds and Certificates 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (Contractor) 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate CONDITIONS OF THE CONTRACT 00700 General Conditions Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00900 Addenda, Modifications, and Payment 00950 Contract Change Order 00960 Application for Payment SPECIFICATIONS Section Pages 00300-1 - 00300-3 00500-1 00520-1 - 00520-6 00530-1 00600-1 00610-1 - 00610-2 00615-1 - 00615-2 00630-1 00635-1 00640-1 00650-1 - 00650-2 00670-1 - 00670-2 00700-1 - 00700-34 00800-1 - 00800-2 00900-1 00950-1 - 00950-2 00960-1 - 00960-4 & A� " CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYY 4/16/2015vv) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Flood and Peterson PO Box 578 Greeley CO 80632 CONTACT NAME: Katie MacCallon CISR PHONE (970)266-7157 FAC No: (970)330-1867 aE-MAILss:KMaccallon@floodpeterson.com INSURERS AFFORDING COVERAGE NAIC # INSURER A -Auto -owners Insurance Group INSURED All Pro Sealing & Asphalt Waterhouse, Inc. Dba 1432 Reeves Dr. Fort Collins CO 80526 INSURERB:P1nnacol Assurance 41190 INSURER C: INSURER D: INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER:CL1541602202 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 SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 7OCCUR 1046327401600115 4/22/2015 4/22/2016 DAMAGE ( RENTED ccurrence)$ PREMISES Ea occurrence) 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY 7 PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED SCHEDULED AUTOS X AUTOS 4838261600 4/22/2015 4/22/2016 BODILY INJURY (Per accident) $ X (Pena cRdTYtDAMAGE $ HIRED AUTOS X AUUTOSWNED UMBRELLA LIAB OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ EXCESS LIAB DED RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N X WC STATU- OTH- E.L. EACH ACCIDENT $ 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N/A 4163174 4/1/2015 4/1/2016 E.L. DISEASE -EA EMPLOYE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below I I I I E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate holder is included as Additional Insured regarding General and Automobile Liability as required by written contract with respects to liability arising out of work performed by the named insured. L"R0117C9_\INo Lei 4UgV City of Fort Collins PO Box 580 Fort Collins, CO 80522-0000 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 MacCallon, CISR/KMA E ACORD 25 (2010/05) INS025 rgmnna) m ©1988-2010 ACORD CORPORATION. All rights reserved. Tha Arr)P 1 nnma and Innn nra ranictararl mar4c of Ar(1Rr1 ACOR" ��" CERTIFICATE OF LIABILITY INSURANCE D/10/ 2015 /DD/Y 310/ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Flood and Peterson PO Box 578 Greeley CO 80632 CONTACT Katie MacCallon NAME: FAX PHONE AIC,(970) 356-0123 A/C No: (970)330-1867 ADDRESS:KMaccallon@floodpeterson.com INSURERS AFFORDING COVERAGE NAIC # INSURER AAuto—Owners Insurance Group INSURED All Pro Sealing & Asphalt 1432 Reeves Dr. Fort Collins CO 80526 INSURERB:Plnnacol Assurance INSURERC: INSURER D : INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER:CL153900286 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 SUBR POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE DOCCUR 1046327401600114 4/22/2014 4/22/2015 DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) 5 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 2,000,000 X POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED X SCHEDULED AUTOS AUTOS 4838261600 4/22/2014 4/22/2015 BODILY INJURY (Per accident) $ X X NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ UMBRELLA LIAB EACH OCCURRENCE $ HOCCUR AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ B WORKERS COMPENSATION WC STATU- OT_ H- AND EMPLOYERS' LIABILITY Y / N E.L. EACH ACCIDENT $ 1 OOD 000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N / A 4163174 4/1/2014 4/1/2015 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate holder is included as Additional Insured regarding General and Automobile Liability as required by written contract with respects to liability arising out of work performed by the named insured. l:tK I It -ILA I t NULL)tK UANL;tLL.A I IUN City of Fort Collins Attn: Engineering Department 281 N College Ave Fort Collins, CO 80524 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 K MacCallon/KMACCM ACORD 25 (2010/05) INSn25 (gninnFi ni ©1988-2010 ACORD CORPORATION. All rights reserved. Tha Ar:r)pn nnmc nnrl Innn arc rcnicfcrcri mnrlrc of Ar r)Rr) SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT OR SPECIFIED PART SHALL INCLUDE: PROJECT TITLE: 7290 Crack Seal & Fill Project 2015 Renewal LOCATION: Fort Collins, Colorado OWNER: City of Fort Collins CONTRACTOR: Waterhouse, Inc. DBA All Pro Sealing CONTRACT DATE: March 20, 201 The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12.01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: , 20 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Vogel Concrete Inc. Gentlemen: You are hereby notified that on the day of , 20_, the City of Fort Collins, Colorado, has accepted the Work completed by Waterhouse, Inc. DBA All Pro Sealing for the City of Fort Collins project, 7290 Crack Seal & Fill Project - 2015 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 March 20. 2015. In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: , 20 Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Waterhouse, Inc. DBA All Pro Sealing (CONTRACTOR) PROJECT: 7290 Crack Seal & Fill Proiect — 2015 Renewal 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of ATTEST. - ,20 CONTRACTOR: Waterhouse, Inc. DBA All Pro Sealing Title: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this Witness my hand and official seal. My Commission Expires: day of Notary Public 20_, by SECTION 00660 CONSENT OF SURETY TO: CitV of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Waterhouse, Inc. DBA All Pro Sealing PROJECT: 7290 Crack Seal & Fill Project — 2015 Renewal CONTRACT DATE: March 20, 2015 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. 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) loJ DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) Period 0170-750 (999) $0.00 89 - CONTRACTOR INFORMATION Trade name/DBA: Owner, partner, or corporate name: Mailing address (City, State, Zip): Contact Person E-Mail address: Federal Employer's Identification Number: Bid amount for your contract: Fax Number: 1 ) Business telephone number: Colorado withholding tax account number: Copies of contract or agreement pages (1) identifying the contracting parties EXEMPTION INFORMATION and (2) containing signatures of contracting parties must be attached. Name of exempt organization (as shown on contract): Exempt organization's number: 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date: completion date: 1 declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer: Date: DO NOT WRITE BELOW THIS LINE Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime 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. 69*4Ile] ►[1I1I00*1 INVITATION TO BID SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, FXIX'. No. 1910-5 (199)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) Article or paragraph Number &:Title TABLE OF CONTENTS OF CIENERAL CONDITIONS Page Article or Paragraph Page Number Number &: Title Number DE=- IONS......................................................1 1.1 Addenda.............................................I 12 Agreement..............................-............1 13 Application for Payment ......... .......... .� 1.4 Asbestos...-......- 1.5 Bid ..................................................... 1.6 Bidding Documents..............................I; 1.7 Bidding Requirements ........................ 1.8 Bonds.................................................� 1.9 Change Order.. ...... ......... ....... I 1,10 Contract Documents ............................ 1.11 Contract Price,... .......... 1 1.12 Contract Times.................„.„_....,,.,,,,,,1 1.13 CONTRACTOR..................................1 1.14 defective.............................................1 1.15 Drawings___ ..... ............................. ) 1.16 Effective Date of the Agreement,,.,,,,,,,1 1.17 ENGINEER.........................................1 LIS ENGINEERsConsultant j 1.19 Field Order__ .............. __ ................... 1 1.20 General Requirements ..........................2 1.21 Hazardous Waste .................... . .2 1.22.a Laws and Regulations°, Laws or Regulations ...................................... ? 1.22.b Legal Holidays_ ........................... _ .... 2 1.23 Liens.................................................2 1.24 Milestone_ 1.25 .-........................_2 Notice of Award 2 1.26 Notice to Proceed,,,,,,,,,,,,,,,,,,,,,,,,,•,,,,,_,2 1.27 OWNER ................ ...........................7 1.28 Partial Utilization 2 1.29 PCBs.._.,........_..................................22 1.30 Petroleum..........................................2 1.31 Project ......................... ......_.2 1.32.a Radioactive Material 2 1.32.b regular Working Hours. ............. _........ 2 1.33 Resident Project Representative, ........... 2 1.34 Samples ... .............. ......... ................... 2 1.35 Shop Drawings .............. 1.36 Specifications. . ................................... 2 1.37 Subcontractor 2 1.38 Substantial Completion,,,,,,, ......2 1.39 Supplementary Conditions__ .............. 1.40 Supplier..............................................2 1.41 Underground Facilities ....... ............. 2-3 1,42 Unit Price Work .................................. 3 1,43 Work...................................................3 1,44 Work Change Directive .......................3 1.45 Written Amendment ........................... 2. PRELIMINARYI<MATTERS.................._........_...3 2.1 Delivery of Bonds .................... 1 2.2 Copies of Document s...................... 23 Commencement of Contract Times; Notice to Proceed ............... 3 2A Starting the Work .......................... 3 2.5-2.7 Before Starting Construction, CONTRACTORS Responsibility to Report; Preliminary Schedules, Delivery of Certificates of lnsurancc.... ............... ___ ......... 3-4 2.8 Preconstruction Conference 4 2.9 Initially Acceptable Schedules-„-, .,..4 3. CONTRACT DOCUMENTS: INTENT, AMENDING, RFUSE.._..._........_.......... ...... 4 3.142 Intent........_......_....._.........._......_..4 3.3 Reference to Standards and Speci- fications of Technical Societies; Reporting and Resolving Dis- crepancies ................................. 4-5 3.4 Intent of Certain 'Terms or Adjectives. ........ ........... ............... 5 3.5 Amending Contract Docunents„ _.,,..5 3.6 Supplementing Contract Documents ......... . ......................... 5 3.7 Reuse of Documents .......................5 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS...... 5 4.1 Availability of Lands.....................5-6 4.2 Subsurface and Physical Conditions ....................... 6 4.2.1 Reports and Drawings.......................6 4.2.2 Lim ited Reliance by CONTRAC- TOR Authorized, Technical Data._ ............... _.................. ... 4.2.3 Notice of Differing Subsurface or Physical Conditions,,,,,,,,,,,,,, 6 4.2.4 ENGINEER'sReview ,,,,.„•,,,,,,,,,,,,,,,(i 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 4-3.1 Shown or Indicated..„._„.,.,_._„..„..7 4.3.2 Not Shown or indicated ................... 7 4.4 Reference Points ................................ 7 EK-W (ENOL.AL COMMONS 1910-811990 EDITION w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum, Iazardous Waste or Radioactive Material, ................... 7-8 5. BONDS AND INSURANCE ................................. 8 5.1-5.2 Performance, Payment and Other Bonds.............................................. 8 53 Licensed Sureties and Insurers; Certificates of Insurance ..................... $ 5.4 CONTRACIORS Liability Insurance..........................................9 5.5 OWNER's Liability Insurance ............... 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 CONTRACTOR'S Responsibility for Deductible Amounts 10 5.10 Other Special Insurance,.-. ....... 1- ...... 10 5.11 Waiver of Rights................................11 5.12-5.13 Receipt and Application of Insurance Proceeds .....................JO-11 5.14 Acceptance of Bonds and Insu- ance; Option to Replace, .............. 11 5.15 Partial Utilization --Property Insurance ................... _..................,11 6. CONTRACTOR'S RESPONSIBILITIES ,,,,,,,,,,,,,,,11 6.1-6.2 Supervision and Superintendeneq....... 11 6.3-6.5 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 Evaluation ............. 12-13 6.8-6.11 Concerning Subcontractors, Suppliers and Othcrs'. Waiver of Rights ........... ............... 13-14 6.12 Patent Fees and Royalties....................14 6.13 Permits.............................................14 6.14 Laws and Regulations ........................14 6.15 Taxes ........................................... 14-15 6.16 Use of Premises ................................ 15 6.17 Site 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 Programs„_.-16 6.23 Emergencies.....................................16 6.24 Shop Drawings and Sample*..............16 6.25 Submittal Proceedures; CON- TRACTOR's Review Prior to Shop Drawing or Sample Submittal 16 6.26 Shop Drawing & Sample Submit- tals Review by ENGINEER ...... 16-17 6.27 Responsibility for Variations From Contract Document-* ........... 17 6.28 Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals...................................17 6.29 Continuing the Work- ...................17 6.30 CONTRACTOR's General Warranty and Guarantee...............17 6.31-6.33 Indemnification, ... ...... .. ...17-18 0.34 Survival of Obligations ...................18 7. OTf3ER WORK . ... .............. ............................ .,18 7.1-7.3 Related Work at Site.................I.....18 7.4 Coordination_ .................._..-_ .....18 8. OWNER'S RESPONSIBILITIES .........................18 8.1 Communications to CON- TRACTOR ................................. I8 8.2 Replacement of ENGINEER ........ _..18 8.3 Furnish Data andPay Promptly When Due..................................18 8.4 Lands and Easements; Reports andTests...............................18-19 8.5 Insurance._....................................19 8.6 Change Orders ............................... j9 8.7 Inspections, Tests and Approvals...................................19 8.8 Stop or Suspend Work; Terminate COINURACCOR's Services......................................19 8.9 Limitations on OWNER'S Responsibilities, ......... ...... ....... _19 9.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material...-, 8.11 Evidence of Financil Arrangements ............................. 19 9. ENGINEER'S STATUS DURING CONSTRUCTION ........................... ........ ....19 9.1 OWNER's Representative...............19 9.2 Visits to Site..................................19 9.3 Project Representative ...............19-21 9.4 Clarifications and Interpre- tations... ..................................... 21 9.5 Authorized Variations in V&k........ 21 ril EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) wJ CITY OF FORT COLLINS MODIFICATIONS (RF.V 9199) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 9.6 Rejecting Defective Work . ........... ..... _21 138-13.9 Uncovering Work at ENGI- 9.7-9.9 Shop Drawings, Change Orders NEER's Request ....... __ ...... _77-28 and Payments ....................................21 13.10 OWNER May Stop the Work .......... 28 910 Detcrm inati cris for Unit Prices 21-22 1111 Correction or Removal of 9,114 12 Decisions on Disputes; ENGl- Defective Work,,,,,,,;,,,,,, 78 NEER as Initial Interpreter ..............22 13.12 Correction Period............ .... 28 9.13 Limitations on ENGINEERS 13.13 Acceptance offlefective Work ........ ,28 Authority and Responsibilities,,,, M-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 14.1 Schedule of Values,. ........................ 79 Documents ...... .... _ ... .......... - ........ 23 14.2 Application for Progress 10A Change Orders ..................................23 Payment........................... ........ 29 10.5 Notification of Surety ......... ....... ;1.3 14.3 CONTRACTORS Warranty of Title 29 CHANGE OF CONTRACT PRICE ....... ....... ............. 23 14.4-14.7 Review of Applications for 11-1-113 Contract Price-, Claim for Progress Payments,,,,,,,,,,,,,,,,, .......... 29-30 Adjustment; Value of 14.8-14.9 Substantial Completion,,,,,,,,,,,_ 30 the Work ........................... ........ 23-24 14.10 Partial Utilization ..................... 30-31 11.4 Cost of the Work ........................... �4-25 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 14.13-14.14 Final Payment and Acceptancq ....... 31 11.7 Cost Records ................................. 25-26 14.15 Waiver of Claims ........ _ ............ 31-32 11.8 Cash Allowances„ ................. . __ ...... 26 IL9 Unit Price Work._ ............... - ........... 26 15, SUSPENSION Of WORK AND TERMINATION 32 CHANGE OF CONTRACT TIMES ­* ...... ............ 26 15.1 OWNER May Suspend Work .......... 32 12.1 Claim for Adjustment ........ ... 26 15,2-)5.4 OWNER May Terminate...._....___.._. 32 12.2 Time of the Essence .................... ... 26 15.5 CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTOR!s Work or Terminatc, ........ Control. . .... ..... .......... ............. _20-27 12.4 Delays Beyond OWNFR's and 16. DISPUTE RESOLUTION ............ I .................. 33 CONTRACTORS Control 27 IT MISCELLANEOUS...........................................33 TESTS AN'D INSPECTIONS; CORRECTION, 17.1 Giving Notice ....... ........................ 33 REMOVAL OR ACCEPTANCE OF 17.2 Computation of Times,,,,,,,,,,,,,,,,,„ .. 33 DEF,EC77VE WORK .............. .....27 173 Notice of Claim'.......,.,,,_...............33 13.1 Notice of Defccts ............................... 27 17A Cumulative Remedies.....................33 33 13.2 Access to the Work ........................... ;27 17.5 Professional Fees and Court 13.3 'rests and Inspections; Costs included,_,,.._,,,,, ,...... ___33 CONTRACTORS Cooperation,,,,,,,,, 27 17.6 Applicable State Laws,,,,,,,,,,,,,,, 33-34 13.4 OWNERS Responsibilities-, Intentionally left blank ..............................35 Independent Testing Laboratory .. .... 27 13,5 CONTRACTOR'S EXHIBIT GC -A: (Optional) Responsibilities..........._._- 27 Dispute Resolution Agreement.............. QC-A) 13.6-13.7 Covering Work Prior to Inspec- 16.1-16.6 Arbitration .... 1­11 .................. lion, Testing or Approvat, ......... .. _27 16.7 Mediation ................................ GC -Al iv EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLUNS MODIFICATIONS (REV 9199) INDEX TO GENERAL CONDITIONS Citv of Port Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of -- Bonds and Insurancq........................................5.14 defective Work............................10.4.1, 13.5, 13.13 final payment........................................9.12, 14.15 insurance .............................................. . ... . ......5.14 other Work, by CONTRACTOR ...........................7.3 Substitutes and "Or -Equal" Items.1 .....................6.7 Work by OWNFP...............................2.5, 6.30, 6.34 Access to the__ Lands, OWNER andC.ONTRACTOR responsibilities............................................A l site, related Work...............................................7.2 Worl.% ..........................................13.2. 13.14, 14.9 Acts or Omissions--, Acts and Om issions-- CONTRACTOR.... ............ ................... 6-9.1, 9.13.3 ENGINEER..... ............. ................... ... 6.20,9.13.3 OWNER, ._................................................0.20, 8.9 Addenda --definition of (also see definition of Specifications) ....... (1.6, 1.10, 6.19), 1.1 Additional Property Insurances ................................. 5.7 Adjustments -- Contract Price or Contract Times ...........................J.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, 15.1 progress schedule.. .................... __ ................... k.6 Agreement -- definition of...................................I............I.....3.2 "All -Risk" Insurance, policy form............................5.6.2 Allowances, Cash ........ ............................. ............ _IL8 Amending Contract Documents_ ....... ............... - 3.5 Amendment, Written -- in general................1.10, 1.45, 3.5, 5.10, 5,12, 6.6.2 ......................t.8.2, 6.19. 10.1, 10.4, 11.2 ....................................12.1, 13-12.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to ......................Q.IO, 9.11, 10.4, 16.2, 16.5 Application for Payment -- definition of ....... ................ ............................... 1.3 ENGINFF.R's Responsibility ............................... 9.9 final payment.................9.13.4, 9.I3.5, 14.12-14.15 in general ..........................2.8, 2.9, 5.6.4, 9.10, 15.5 progress payment ........ .............................. 14.1-14.7 review of ...... ............................................. 14.4-14.7 Arbitration.....................................................16.1-16.6 Asbestos -- claims pursuant thereto ... ....................... 4.5.2, 43.3 CONTRACTOR authorized to stop Work.._ ........ 4.5.2 definition of.......................................................IA Article or Paragraph Number OWNER responsibility for ............................ 4.5-1, 8.10 possible price and tithes change ......... ..............4.5.2 Authorized Variations in Work.,,.,,,,, 3.6, 6.25, 6.27, 9.5 Availability of Lands .... .... .................................4.1, 8.4 Award, Notice of--defvted.......................................1.25 Before Starting Construction..............................2.5-2.8 Bid --definition of.........................1.5 (1.1, 1.10, 2.3, 3.3, ........... _........... 4.2.6.4,6.13, 11.4.3, 11.9.1) Bidding Documents --definition of...................................................1.6 (6.8.2) Bidding Requirements —definition of....................................I.....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, S.I final Application for Payment ........ .......... 14.1244-14 general......................................1.10, 5.1-5.3, 5.13, ....................9.13, 10.5, 14.7.6 Performance, Payment and Other..... .............. 5.1-5 2 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....................................................11.9 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 oflnsurance_-........... 2.7, 5.3. 5.4.11. 5-4.13, ..................... 5.8, 5.14, 9.13.4, 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, 9.4 9.5, 9.11. 10.2, 10.5, 11.2, 13-9. ....................... 13.13.13,14,14.7,15.1,15.5 CONTRACTOR's fee.........................................11.6 Cost of the Work general................_.............................11.4-11.7 Exclusions to,_ ......... ................... .... _1 1.5 Cost Records......._............................................11.7 in general ......... ... 1.19, 1.44, 9,11, 10.4.2, 10.4.3, 11 Lump Sum Pricitg............... ........................... 11.3.2 Notification of Surety.......................................„10.5 Scopeof;... ........................................... Testing and Inspection, Uncoverine the Work___ ...... ...... ....... .... 13.9 LJCDC GBNLRAL CONDITIONS 1910-8 (199a EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Unit Price Work 11.9 Article or Paragraph Number Value of Work .............. .................................... 11.3 Change in Contract Times -- Claim for times adjustment ........ 4.1, 4.2.6, 4.5, 5.15, ... I ..... ... 6.8.2, 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 time lim its ...................................... 12 2 Delays beyond CONTRACTORs control.............................. ........ .................12.3 Belays beyond OWNF R`s and CONTRACTORS control............................12.4 Notification of surety.........................................10.5 Scope of change ....................... .10.3-10.4 Change Orders -- Acceptance of Defective Work ..........................13.13 Amending Contract Documents .......................... 3.5 Cash Allowances .:............ 1I.8 Change of Contract we .............................. Change of Contract Times...................................12 Changes in the Work ....:.......... ........................... CONTRACTOR's fee11.6 Cost of the Work I I A-11.7 Cast Records .............. ....... ......... ...,11.7 definition of ................... ........... . .....................1.9 emergencies.................................................... 6.23 ENGINEER'S responsibility ....... 9.R, 10.4. 11.2. 12.1 executionof ...................................................... 10.4 Indemnifiction .........................6.12, 6,16, 6.31-6.33 Insurance, Bonds and.......................5.10, 5.13, 10.5 OWNER may terminate ........ ...............„_..15.2-15.4 OWNERsRcsponsibiIity....... ...................... $.6, 10.4 Physical Conditions -- Subsurface and,.............................................4.2 Underground Facilities............................... .4,3.2 Rccord 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 ....................... ..................... --•--10 Notification of surety10.5 OWNER's and CONTRACTOR's responsibilities.............................................10.4 Right to an adjustment ........................... ......10.2 Scope of change ................................ . ..10.3-10A Claims -- against CONTRACTOR__ .....................6.16 against ENGINEER, ... ,,.,,,,........................ ,..... 6.32 againstOWNER ...............................................6,32 Change of Contract Prig ........................... 9.4, 11.2 Change of Crntract Tunes,,,,,,,,,,,,,,,,,,,,,,,,,, 9A, 12.1 CONTRACTOR's.............A. 7.1, 9A, 9.5, 9.11. 10.2, ..........................11.2, 11,9, 12.1, 13.9, 14.8, .... ........ ..... ............... --•-----•..15.1, 15.5, 17.3 C0N'IRACT0R!s Fee 11.6 Article or Paragraph Number CONTRACTOWs liability ........... 5.4. 6.12, 6.16, 6.31 Cost of the Work___ .... __ .... __ ......... _1 1.4,11.5 Decisions on Disputes....,, .......... .............. 9.11,9.12 Dispute Resolution ............................................ ) & I Dispute Resolution Agreement ...... ,-,,,- ........ 16.1-16.6 ENGINEER as initial interpretor ....................... 9.11 Lump Sum Pricing ......... ___ ..........................11.3.2 Noticeof..........................................................1.7.3 OWNER's...................9A. 9.5, 9.11, 10.2, 11.2, 11.9 ............. ..... ......12.1,13.9,13.13,13.14,17.3 01AINER's liability ........................... .....5.5 t. OWNER may refuse to make paymen...............14.7 Professional Fees and Court Costs Included..___.._..... 17.5 request for formal decision on ...........................9.11 Substitute Items.......... Time Extension .................................. .......... . ...12.1 Time requirements ................................... 9,11, 12.1 Unit Price Work ...................... .................. 11.9.3 Valueof...........................................................1.1.3 Waiver of --on Final Payment.................14.14, 14.15 Work Change Directive.... .....1.10.2 written notice required,,., .................. 9.11, 11.2, 12.1 Clarifications and Interpretations,,,,,, 3.6.3, 9.4, 9.11 Clean Site ...................... ......................... 0.17 Codes of Technical Society, Organization or Association ............. ...................................... 3.3.3 Commencement of Contract Times_„...............,.-.._,-.2.3 Communications— general..............................................0.2, 6.9.2, 8.1 I3azard Communication Programs.,,,,,,,,,,.,,,,,,-„6?2 Completion_ Final Application for payment .................... ....14.12 Final Inspection ................_............................ 14-11 Final Payment and 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 e5-..... .................... ....17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others.........:.......................................6.8-6.11 Conferences -- initially acceptable schedules...... ........................ 2.9 pre.construction, ................... .............................. 2.8 Conflict, Error, Ambiguity, Discrepancy-- CONTRAC:I'OR to Report,,..._...................2.5, 3.3.2 Construction, before starting by CONTRACTOR ............................................ 2.5-2.7 Construction Machinery, Equipment, etc,,,,,,,,,,,,,,,,,, 6.4 Continuing the Work,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,, 6.29, 10.4 Contract Documents - Amending...........................................................3. 5 Bonds ...........................:. ... ........................... 5.1 . UCDC OLNFRAL CONDITIONS 1910-8 (1990 EDITION) wl C1 TY OF FORT COLLINS MODIFICATIONS (REV 91991 Cash Allowances............_................................11.8 Article or Paragraph Number Change of Contract Price .................................... 11 Change of Contract Timek.................................. 12 Changes in the Work-._ ............................. 10.4-10.5 check and verify.................................................2.5 Clarifications and Interpretations ......................... 3.2, 3.6, 9.4, 9.11 definition of ..............._....................................1.10 ENGINEER as initial interpreter of-,_,,,..,,__,.., 9.11 ENGINEER as OWNER's representative..............9.1 genera13 Insurance...........................................................5.3 Intent._.....................................................3.1-3.4 minor variations in the Work..............................3.6 OWNER's responsibility to furnish data ..... 1.,...... 8.3 OWNER's responsibility to make prompt payment ..........................8-3, 14.4, 14.13 precedence ............................... _ ...............3.113.3.3 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 Employment ....... .-.8.2 1Jnit ?rice Work................................................1 L9 variations .......................................... 3.6, 6,23, 627 Visits to Site, ENGINEER's ............................... 9.2 Contract Price — adjustment of,,,,,,,,,,,,,,,, 3.5, 4.1, 9.4, 10.3, 11.2-11.3 Changeof...........................................................I 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......................................6.2. 6.9.2 Continue Work........................................6.29, 10.4 coordination and scheduling............................6.-9.2 definition of.....................................................1.13 Limited Reliance on Technical Data Authorized.........................................4.2.2 May Stop Work or Terminate.............................15.5 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 Submittal........................................f.25 Stop Work requirements.. ................ _ .............. 4-5.2 CONTRACTOR— , - Article or Paragraph Number Compensation ----- ........ ............ ................... I LI-11.2 Continuing Obligation, ............................ --..---.14-15 De%ctive Work�9.6. 13.10-13.14 Duty to correct defective Work .... ... ...... ....... ._,-13.11 Duty to Report -- Changes in the Work caused by Emergency...........................................6 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.....................................................6.23 Equipment and Machinery Rental, Cost of the Work...........................................11.4.5.3 Fee --Cost Plus ... IL -5.6, 11.5-1, 11.6 General Warranty and Guarantee ................. _-...6-30 Hazard Communication Programs ..............„-,-„-6.22 Indemnification. ------------- ,-.._.._6.12, 6.16, 6.31-6.33 Inspection of the Work ............................... 7.3, 13.4 Labor, Materials and Equipment,,,,,,,,,,,,,,,,,„ .................... Laws and Regulations, Compliance by ............. .14.1 Liability Insurance... ...... ..................... ........... _ 5.4 Notice of Intent to Appeal... .............. ,...... ,9.10, 10.4 obligation to perform and complete theWork....................................................0.30 Patent Fees and Royalties, paid for by ................ 6.12 performance and Other Bonds..-,.._....................5.1 Permits, obtained and paid for by..... ........... .....6.13 Progress Schedule ...........................2.6. 2.8, 2.9, 6.6. ............ I.........................6.29, 10.4, 15.2.1 Request for formal decisionon disputes..-,,,,,.... 9.11 Responsibilities— Changes in the Work...----- .........................10.1 Concerning Subcontractors, Suppliers and Others ......... ............................. 6.8-6.11 Continuing the Work ................... .......0-29, 10.4 CONTRACTOR's expense...........................4.7.1 CONTRACTOR'S General Warranty and Guarantee ...........___ ...................... 6.30 CONTTRACTOR's review prior to Shop Drawing or Sample submittal,,,,,,,,,,,,,,,,6.25 Coordination of Work................................6.9.2 Emergencies ............................................... 6.23 ENGINEER's evaluation, Substitutes or "Or-F,qual"Items__...........................b.7.3 For Acts and Omissions of Others ............ ... ..... ... ......6.9.1-6.9.2, 9.13 for deductible amounts,insurance...................5.9 general........................................6, 7.2, 7.3, 8.9 Hazardous Communication Programs.......... 6.22 Indemnification ............... .................... 6.31-6.33 tii EJCDC GENERAL, CONDITIONS 1910-8 (1990 EDITION) w1 CITY OF FORT COLUNS MODIFICATLONS (REV 9199) Labor, Materials and Equipmenl..............0.3.6.5 Laws and Regulations.-.,., ............................6.14 Liability Insurance ........................................ 5.4 Article or Paragraph Number Notice of variation from Contract Doc uni c n ts, , , • ..... .... 0.27 Patent Fees and Royalties• ...........................6.12 Permits , ....•.........................................:.......0,13 Progress Schedule.._ ..................................... 6.6 Record Documents ...................................... 6.19 related Work perforated prior to 1 NGINEER'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_,,,,,.,,,, ............. 0.24 Shop Drawings and Samples Review by ENGINEER......................................6.26 Site Cleanliness__... ........................ ............6,17 Submittal Procedures...................................6.25 Substitute Construction Methods and procedures 6.7.2 Substitutes and "Or -Equal" Items ................ 0.7.1 Superintendence ....... I .............. ..........- .... ....... 6.2 Supervision....... - _ -. _ .................... ..6.1 Survival of Obligations................................6, 34 Taxes.........................................................6.1 S Tests and Inspections- ...... ......... 13.5 To Report_ .... _ ......... ....................... __ _ _ 2,5 Use of Premises ............... ...... 0.16-6.18. 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, 9A, 9.5, 9.11, 10.2,11.2, ..,..•.,... 12.1. 13.9, 14.8, 15.1, 15.5, 17.3 Safety and Protection ................. 6.20-6.22, 7.2, 13.2 Safety Representative ....................................... 6.21 Shop Drawings and Samples Submittals- .... 6,24-6,28 Special Consultants._,.,,._._ ......................•._,_11AA Substitute Constructian Methods and Procedures.6.7 Substitutes and "Or -Equal" Items, Expense ................ .................. ........ 6.7.1, 6.7.2 Subcontractors, Suppliers and Others ......... -6.8-6.1 I Supervision and Superintendencq.,,,..... 6.1, 6.2, 6.21 Taxes, Payment by..............._............._._......._.6.15 Use of Premises 6.16-6.18 Warranties and guarantees ..........................0.5. 6.30 Warranty of Title..q...........................................14.3 Written Notice Required -- CONTRACTOR stop Work or terminate .......15.5 Reports of Differing Subsurface and Physical Conditions ...................... . 4.2.3 Substantial Completion................................14.8 wii CONTRACTORS --other 7 Contractual liability Insurance.......,-, ........ .....5.4.10 Contractual Time Limits...._ ................................. •12.2 Article or Paragraph Number Coordination-- CON`1'RACTOR's responsibility ........................ 6:9.2 Copies of Documents ............................................... 2.2 Correction Pericxl.................................................13.12 Correction, Removal or Acceptance of Defective Work— ingeneral...................................10.4.1, 13.10-13.14 Acceptance ofUefective tWurk .............. _......... 13.13 Correction or Removal of Defective Work.................................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 11.7 Cast of the Work -- Bonds and insurance, additional ... ............... 11-4.5.9 CashDiscounts .............................................. 11 A.2 CONTRAC'fOR's Fee,.,.,,,.•..............................11.6 Employee Expenses......................................11.4.5.1 Exclusions to, General 11.4-11.5 Home 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 Subcontractors...........................11.4.3 Records 11.7 Rentals of construction equipment and machinery .... .................. „..,11.4.5.3 Royalty payments, permits and license fees,, .......... ......................... j 1.4.5.5 Site office and temporary facilities,... .... 11.4.52 Special Consultants, CONTRACTOR's... ;........ j 1.4A Supplemental ............ ............. .. ....11.4.5 Taxes related to the Work—....I....I............ . ..11.4- 5.4 Tests and Inspection .... ................. _......... ...... ..13.4 Trade Discounts.............................................11.4.2 Utilities, fuel and sanitary facihtie$..............11.4.5.7 Work after 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 furnished by OWNER ............................. $ 3 Day --definition of, ............................... .............. 17.22 Decisions on Disputes .................................... 9.11, 9.12 defective --definition of .......................................1.14 defective Work -- Acceptance of......................................10.4.1, 13.13 EX-.W GLNERAL CONDITIONS 1910-9 (1990 LDITION� w1 CITY OF FORT COLLINS NiODMCAT1 ONS (REV 91") Correction or Removal of10.4.1, 13.11 Correction Period ,,,,„..........,..........._...13.12 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 .................... 13.1 Rejecting...... ......... ............ ........... .:............ ....... 9.6 Uncovering the Worli.......................................13.5 Definitions.......................................................... Delays...............I......................4.1, 6.29, 12.3-12.4 Delivery of Bonds ..................................................... 2.1 Delivery of certificates of insurance ............................2.7 Determinations for Unit Price$ ............................... 9.10 Differing Subsurface or Physical Conditions -- Noticeof...._ ................ _............................. -.4.2.3 F,NGINEER's Review ...................................... 4.2.4 Possible Contract Documents Change,,,,,.... .... 4.2.5 Possible Price and Times Adjustment$..............4.2.6 Discrepancies -Reporting and Resolving ...... -............. _ _ _ 2.5. 3.3.2. 6.14.2 Dispute Resolution — Agreement. ............................................... 16.1-16.6 Arbitration ................... ............................ .16.1-16.5 general 16 Mediation................................................... I....1.6.6 Dispute Resolution Agreement ........... .............. .16.1-16.6 Disputes, Decisions by ENGINEER ......... .......9,11-9.12 Docum ents-- Copiesof .... .......................................................2.2 Record 6.19 Reuseof.............................................................3.7 Drawings --definition of .......... .... ......... .......... ......... 1.1? Easements.............................................................4.1 Effective date of Agreement -- definition of .............1.16 Pmergencies_.._....... ............................ ......0.23 ENGINEER -- as initial interpreter on disputes,,,,,,,,,,,,,,,, ................ definition of ................................................... 1,17 Lim itations on authority and responsibilities„_., 9.13 Replacement of .. ............................................. 8.2 Resident Project Representative ...........................9.3 ENGINEER's Consultant -- definition o1:............. .....1.18 ENGINEER's-- authority and responsibility, limitations oq,,...... 9.13 Authorized Variations in the Work.....................9.5 Change Orders, responsibility for....... 9.7. 10. 11. 12 Clarifications and lntcrpretations ...............3.6.3, 9.4 Decisions on Disputes ............... ......... ....._ 9.11-9.12 defective Work. notice of...................................13.1 Evaluation of Substitute Items ....................I....60.3 Liability_ ............................. I ..... I ............ O. 32, 9.12 Notice Work is Acceptable...............................14.13 Observations...........................................6.'30.2, 9.2 OWNER'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,,,,,,,,,,,,,,,,,9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions..............................4-2.4 Shop Drawings and Samples, review responsibility .............................................. i.26 Status Luring Gmstruction— authorized variations in the Work,. Clarifications and Interpretations ..................9.4 Decisions on Disputes ................ .......... 9.11-9.12 Determinations on Unit Price......................9.10 ENGINEER as Initial Interpreter__.,... ...... ENGTNEER's Responsibilities ................9.1-9,12 Limitations on ENGINEER's Authority and Responsibilities.............................9.13 OtA NER's Representative..............................9.1 Project Representative...................................9.3 Rejecting Defective Work..............................9.6 Shop Drawings, Change Orders and Payments....._.............................9.7-9.9 Visits to Site.................................................9.2 Unit Price determinations ............................. -.,9.10 Visits to Site.......................................................9.2 Written consent required ....................... ....... 7,2, 9.1 Equipment, Labor, Materials and ........................(,.3-6.5 Equipment rental, Cast of the Work ,.__...___ ....... 1.4.5.3 Equivalent Materials and Equipment ............._ ,,,,,,_0.7 error or omissions..................................................6.33 Evidence of Financial Arrangemen4 ...................... ?.I Explorations of physical conditions ........................4.2.1 Fee, CONTRACTOR's--Costs Plus ...........................11.6 Ficld Order -- definition of.....................................................1.19 issued by ENGINEER ................................ 3.6.1. 9.5 Final Application for Payment..............................14.12 Final Inspection, .......... ...... ................................ J14,11 Final Payment -- and Acceptance... ........... ­..............14,13-14.14 Prior to, for cash allovances..............................11.8 General Provisions ................................. ......... 17.3-17.4 General Requirements -- definition of.....................................................1.20 principal references to ..............2.6, 6.4, 6.6-G.7, 6.24 Giving Notice.........................................................17.1 Guarantee of Work --by CONTRACTOR,,,,..., 6.30, 14.12 Hazard Communication Programs .......................... 612 Hazardous Waste -- definition of.....................................................1:21 general.............................................................4.5 OWNER's responsibility for ............................._. .10 ix EKX)C GENF•RAL CONDITIONS 1910•8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 0;"') SECTION 00300 BID FORM Indemnification, .....................6.12, 6.16, 6.3I-6.33 Initially Acceptable Schedules ... I ...........I..............2.9 Inspection— Certificates of,„„_,,,,....... ..... ,...... 9.13.4, 13.5, 14.12 Final 14 11 ............................................................. Article or Paragraph Number Special, required by ENGINEER ......................... 9.6 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 , .................. .....2.7 Bonds and --in general,,,,,,,,,,,,, Cancellation Provisions ..................................... 5.8 Certificates of....................2.7, 5, 5.3, 3.4.11, 5.4.13, .......................5.6.5, 5.8, 5.14, 9.13.4, 14.12 completed operations ......... ............ ............ ,...,5A.13 CONTRACTOR's Liability..................................5A CONTRACTOR's objection to coverage,,,,,,,,,,,,, 5.14 Contractual Liability ....... .,.......... ........ ..... ....5A.10 deductible amounts, CONTRACTOR's responsibility ................................................ 5.9 Final Application for Payment— ....... ...............14.12 Licensed Insurers 5.3 Notice requirements, material change*_.. ... 5.8, 10.5 Option to Replace ----------- .__..- .5.14 other special insuranccs,,,,,I..".."...... ...... ....5.10 OWNER as fiduciary for insureds,,,,,,,,,,,,,, 5.12-5.13 OWNEWs Liability............................................5.5 OWNER's Responsibility....................................8.5 Partial Utilization, Property Insurance...............5.15 Property ................. ..................................... 5.6-5.10 Receipt and Application of Insurance Proceeds ............. ................................. 5.12-5.13 Special Insurance...__ .......... ...................... ............ _...5.10 Waiver of Rights .............................................. 5.11 Intent of Contract Documents— ... .......... ...... 3.1-3.4 Interpretations and Clarifications .....................3.6-3, 9A Investigations of physical conditions .......... ....... I ... I .... 4.2 Labor„ Materials and Equipment ........ ........... ......„.0 3-6.5 Lands -- and Easements.. .................... ..................... ...... $.4 Availability of ..................... ....... ,............... :4.1, 8.4 Reports and Tests...............................................$.4 Laws and Regulations --Laws or Regulations -- Bonds ._........-_. 5.1-5.2 Changes in the Work- -------------- ................. .......10.4 Contract Documents ...................... .......... 3.1 CONTRACTORS Responsibilities ....................6.14 Correction Period, defective Work ................... J3.12 Cost of the Work, taxes...............................11.4.5A definition of....................--..............................1.22 gencral6.14 Indemnificatim....................................... 6,31-6.33 Insurance ............... .5-3 ............................... 1'rccedence- ., ,_ .._ 3.1, 3.3.3 ............................. Reference to ................................................3.3.1 Safety and Protection................................6.20, 13.2 Subcontractors, Suppliers and Others .,,,,,,,_„6.8-6.11 Article or Paragraph :plumber Tess and Inspections,,,,,,, Use of Premises.................................................6.16 Visits to Site.......................................................9.2 Liability Insurance-- CONTRAC'I'OR's...............................................5.4 Licensed Sureties and Insurers,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,, 5.3 Liens -- Application for Progress Payment .......................j4.2 CONTRACTOR's Warranty of Title, .... ............... 14.3 Final Application for Payment .........................14.12 definition of-., .............................. ­ ............. ­A.23 Waiver of Claims.............................._,,,,,,,,,,,,14.15 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.. ........... ............................. ........ -3.3.1 Reference to in Contract Documentg,,,,,,3.3,1 Materials and equipment — furnished by CONTRACTOR .............................. 6.3 not incorporated in Work.....,-... .................... -.14.2 Materials or equipment --equivalent .........................6.7 Mediation (Optional)..............................................a6.7 Milestones --definition of .......................................... 1.24 Miscellaneous -- Computation of Times.......................................37.2 Cumulative Remedies........................................17.4 GivingNotice .............................»- ......I............17.1 Notice of Claim.................................................17:3 Professional Fecs and Court Costs Includ4,......17.5 Multi -prime contracts.- 1­1­11­­ ........ ............. ­­.­.7 Not Shown or Indicated ........... ...............:........ ...... 4.3.2 . Notice of -- Acceptability of Project,,,,,,,,,,,,,,,, 14.13 Award. definition of, ... ....._............................ 1-25 Claim......................................... ................ ...17.3 Defects.13.1 Differing Subsurface or Physical Conditions,,,_„ 4.2.3 Giving........... .............................................. ...,1.7.1 Tests and Inspections, ......................... .............. 13.3 Variation, Shop Drawing and Sample ................ 6.27 Notice to Proceed -- definition of......................................................1.26 giving of .................. ..2.3 EJCLDC GENERAL CONDITIONS 1910.8 (1990 EDITION w/ CITY OF FORT COLLINS SIODMCA11ONS (REV 91") Notification to Surety ........ ............................ .......... 0.5 Observations, by ENGINEER........................ ...b.30, 9.2 Occupancy of the Wcrk..................5.15. 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR ...............6.9, 9.13 Open Peril policy form, Insurance_ .......................5.6.2 Option to Replace....................................................5.14 Article or Paragraph Number "Or Equal" Items_ .................................................... 0.7 Other work 7 Overtime Work --prohibition of ................................. 6.3 OWNER -- Acceptance ofdefective Work...........................13.13 appoint an ENGINEER............................I.........8.2 asfiduciary .............................................. ...... Availability of Lands, responsibility .....................4.1 definition of.....................................................1.27 data, furnish ............ .......................................... ..8.3 May Correct Defective Work,,,,,,,,,,,,,,,,,,,,,,,,,,,13.14 May refuse to make payment ........................... ._14.7 May Stop the Work ........... ..- ........ .............. ....13.10 May Suspend Work, Terminate. ..................... ....8.8, 13.10. 15.1-15.4 Payment, make prompt....................N.3, 14.4, 14.13 performance of other work .................................. 7.1 permits and licenses, requirements ...... .......... ....6-13 purchased insurance requirements..,-„........ 5.6-5.10 OWNER's-- Acceptance of the Work ...... ._.....................6.30 2.5 Change Orders, obligation to executg,......... 8.6, 10.4 Communications ............................................... 8.1 Coordination of the Work ................................... 7.4 Disputes, request for decision,- ........................9.11 Inspections, tests and approvals..................$.7, 13.4 Liability Insurance..............................................5.5 Notice of Defects............................."".............13.1 Representative --During Construction, HNI GINEER's Status............................_---.....9A Responsibilities— Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ................8.10 Change Orders..............................................8.6 Changes in the Work_.................................10.1 communications__ .......................................8.1 CONTRACTOR's responsibilities .................. 8.9 evidence of financial arrangements..............8.11 inspections, tests and approval* ..................... 3 insurance..................................................... 8.5 lands and easements...._._............................8A prompt payment by........................................8.3 replacement of ENGINEER ........................._0.2 reports and tests............................................8.4 stop or suspend Wtxk........... ....$_8, 13.10, 15.1 terminate CONTRACTORS services..........................................8.8, 15.2 separate representative at sag... .......................... 9.3 tasting, independent.........................................13.4 use or occupancy of the Work ......................... 5.15. 6.30.2.4,14.10 written consent or approval required ......................................... 9-1. 6.3. 11.4 xi EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (RFV 9199) Article or Paragraph Number written notice required,_......................7.1, 9.4, 9.11, ....................................11.2, 11.9. 14.7. 15A PCBs -- definition of..................................................J.29 general .............................. .................... ............4.5 OWNER's responsibility for................................8.10 Partial Utilization -- definition of.....................................................1.25 general 6.30.2.4. 14.10 Property Insurance.... .............. ...... ............... ... 5,15 Patent Fees and Royalties., ...................... ............... 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 ......................J4.2 CONTRACTOR'sWarranty oflitle... ..... ... ...14.3 Final Application for Payment .........................14.12 Final Inspection., ....... ............... _ ... ....... _ ...... 14-11 Final Payment and Acceptance, ......... _.J 413-14.14 general........................................................ 5.3, 14 Partial Utilization ... ..._._...------.-.---_...... -.._14.10 Retai nage .................................................... ......14.2 Review of Applications for Progress Paym ents........ ............ ....... ..... 14-4-14.7 prompt payment, ... ........ ... 8.3 Schedule of Values-...., 14.1 Substantial Completion ................... .......... 14.8-14.9 Waiver of Claims ............................. ...........14.15 when paym ents due ........... ...................., 14.4, 14.13 withholding payment.........................................14.7 Performance Bonds...............................,.-,,,,,,,,,,,5.1-5.2 Perm its ....................................... 6.13 Petroleum -- definition of.........................................,..........,1.30 general..............................................................4.5 OWNER's responsibility for..............................8.10 Physical Conditions -- Drawings of, in or relating to,,,,,,.,._„ .4.2.12 ENGINEER's review .... .......... ........................... 4.2,4 existing structures................................1....,..,,.4.2.2 general4.2.1-2......................................................... Notice of Differing Subsurface or. .............. ... 42.3 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..... ...... I ..... .--------- ..„_._4.2,111 Technical Data, Limited Reliance by CONTRACTOR Authorized, ..,__.............. 4.2.2 Underground Facilities— general........................................................ 4.3 Not Shown or Indicaed..............................4.3.2 Protection of. 6.20 Article or Paragraph Number Shown or Indicated ................................................ 4.3.1 Technical Data,-, ..... I ......... I., ................. 4.2.2 Prceonstruction Conference ,,,,,,,,,,,,,,,,,,,,_............ ... 2.8 Preliminary Matters, ............... ____ ......... .2 Preliminary Schedules..............................................2.6 Premises, Use of ... ...... ...... 1.1..........6.16-618 Price, Change of Contract .............. I ... .............. ........... I t Price, Contract --definition of ................. ............... ,, 1,11 Progress Payment, Applications for ..........................14.2 Progress Paymcnt--rctainage........... .................... _,-. 14.2 Progress schedule, CONTRACTOR's,........... 2.6, 2.8, 2.9, ........... I-- .............1.- 6.6, 6.29, 10.4. 15 2.1 Project --definition of...............................................1.31 Project Representative— ENGINEER's Status During Construction. ........... 9.3 Project Representative, Resident --definition of ...... 1.33 prompt payment by OVv7\MR......................................8.3 Property Insurance_ Addi ti orta l........................................................5. 7 genera15.6-5.10 Partial Utilization..... ................. .........5.15. 14.10.2 receipt and application of proceeds:............5.12-5.13 Protection, Safety and,,,,,,,,,,,,,,, .......0.20-6.21, 13.2 Punch list .................... 14.11 Radioactive Material— definition of .................. 1.32 general4.5 OWNER's responsibility for...............................g.10 Recommendation of Paymtcnt................14A, 14.5, 14.13 RecordDocuments..._,._._..............._........_...6.19, 14.12 Records, procedures for maintaining ..........................2.8 Reference Points . ............................ . ....................... ..4.4 Reference to Standards and Specifications of Technical Societies 3.3 Regulations, Laws and(or)......................................6.14 Rej ecting Defective Work......_ ...... ::........................... 9.6 Related Work -- atSite ....................................................... 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review....................6.28 Remedies, cumulative,...._ ............................... 17.4, 17.5 Removal or Correction ot'Defective Work.__..._ ....... ,13.11 rental agreements, OWNER approval requir4... ,11.4.5.3 replacement of ENGINEER, by OWNER.......... ..........8.2 Reporting and Resolving Discrepancies................................2.5, 3.3.2, 6.142 Reports -- and Drawings ...... ....................... ___ ............ .4.2-1 and Tests, MINI R's responsibility,,,,,,,,,,,,,,;;,,,,, $.4 Resident and Project Representative -- definition of 1.33 provision for, ................................ ....... ...... 9.3 :tii EJCI)C (X-NE€2AL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 91") Article or Paragraph Number Resident Superintendent, CONTRACTOR* .... I ........ Responsibilities— CONTRACTOR's-in general .................................. 6 ENGINEER's-in general........................................9 Limitations on.............................................9.13 OWNER's-in general,.,.... ....... I................,,..:,........ S Retainage .._..............• ............1,4.2 Reuse of Docum ents................................................. 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal.... .....................6.25 Review of Applications for Progress Payments ...... ............................... 14.4-14.7 Right to an adjustment...........................................10.2 Rights of Way ............ ............. . ...............4.1 Royalties, Patent Fees and......................................6.12 Safe Structural Loading ........... ............................... C-18 Safety -- and Protection ......................... _....4.3 2, 6.16, 6.18, ... ..6.20-6.21. 7.2. 13.2 general..................................................... .20-6.23 Representative, CONTRACTOR's.......................¢.21 Samples— definition of ,,,.......... 1.34 general ...... ........................... ..... I ............ 6. 24-6.28 Review by CONTRACTOR ............. ..... 6.25 Review by ENGINEER__ ..........................6.26, 6,27 related Work.....................................................6.28 submittal of, .......... ................ ..................... _624-2 submittal procedure;.........................................0.25 Schedule of progress .............................2.6, 2.8-2.9. 6.6, .........................................6.29, 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... .............•----...._..._2.6, 2.8-2.9, 14.1 Schedules -- Adherence to, ..... ........ ............... — .......... ...... 15.2.1 Adjusting....... _... _......._.....................................6-6 Change of Contract Timess.,,,,•..........................10.4 Initially Acceptable ...................................... 2.8, 2.9 preliminary....... .... ..................... .........____........... 2.6 Scope of Changes ...................................... 10.3-10.4 Subsurface Conditions........................................4.2.1.1 Shop Drawings -- and Samples, general ................................ 6.24-0.28 Change Orders & Applications for Payments, and,. ............... ...................9.7-9.9 definition of ...... ............ .......... .......................... 1.35 ENGINFER's approval of ...... ........................ "'3.6.2 ENGINEER"s responsibility for review ..................................... 9.7, 6.24-0,28 related Work....................................................6.28 review procedure................................ .8. 6.24-6.28 Article or Paragraph Number submittal required ............................................... 6.24.1 Submittal Procedures.........................................6.25 use. to approve substitutions ... ,._............ ___ .... 6].3 Shown or Indicated ........................ .......... -............ 4.3.1 Site Access ...................................................... 7.2, 13.2 Site Cleanliness......................................................C.17 Site, Visits to -- by ENGI\i EMR.......................................... 9.2. 13.2 byothers..........................................................13.2 "special causes of lass" policy form, insurance ............. ........................... ___ ......... 5.6,2 definition cf, .....................................................1.36 Specifications— defiriation of....................................................1.36 of-fcchnical Societies, reference to..................3.3.1 p rec ede n ce......................................................3. 3. 3 Standards and Specifications of Technical Societies......_ ................................. 3.3 Starting Construction, Before ............ ............ .....•2.5-2.8 Starting the Work ........ ..............................._.._.._ 2.4 Stop or Suspend Work -- by CONTRACTOR...........................................15.5 by OWNER ....... .............. ...............8.8, 13.10, 15A Storage of materials and equipment ..................... 4.1, 7.2 Structural Loading, Safety........................................6.18 Subcontractor— Concerning................................................6.8.6.11 definition of.....................................................1.37 dclays................................................ ............. 12.3 waiver of rights................................................6. I I Subcontractors --in general ........ .............. ........... 6.8-6.11 Subcontracts --required provisions ......... 5.11, 6.11, 1IA.3 Submittals-- Appli-ations for Paymcnt.................................14.2 Maintenance and Operation Manuals .............. 14.12 Procedures ................................................. 0.25 Progress Schedules..................._.................2.6, 2.9 Samples ...................................................6.24-628 Schedule of Valuck....................................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............................430.2.3, 14.8-14.9 definition af.....................................................1,38 Substitute Construction Methods or Procedures .... .--- 6.7.2 Substitutes and "Or Equal" Items,,,,,,,,,,,,,,,,,,,,,,,,,,,_-,6.7 CONTRACTOR'S Expens............................ 6.7.1.3 ENGINEFR's Evaluation................................6.7.3 "Or -Equal"'..— ... ­­­ ..... — .......... ......... Substitute Construction Methods xiii ESCDC GENIEFU. CONDITIONS 1910-8 (1990EDITION) wl CITY OF FORT COLUNS MODIFICATIONS (REV 91") Article or Paragraph Number or Procedures.............................................6.7.2 Substitute Items 6.7.1.2 Subsurface and Physical Conditions-- Drawings of, in or relalug 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 or Physical Conditions ....... ___ .......:.....................4.2..3 Physical Conditions ............ ,............. ,............ 4.2.1.2 Possible Contract Documents Change ..... ......... 4.2.5 Possible Price andTimes Adjustments ............... 4.2.6 Reports and Drawings ......................................4.2.1 Subsurfaceand...........................:...........I........... 4.2 Subsurface Conditions at the Site. ..................... 4.2.1.1 Technical Data.....................................:..........4.2.2 Supervision-- CONTRACTOR's responsibility ............................0.1 OWNER shall not supervise................................8.9 ENGINEER shall not supervis4................ 9.2, 9.13 2 ,Superintendence..,,......,., ..... ............ ....... ....... ..b.2 Superintendent, CONTRACTOR's resident ...............0.2 Supplemental costs................:,.....,,,_,,,.-,,,,,,,,,,,,,,,11.4.5 Supplementary Conditions -- definition of ................. .....................1.39 principal references to..............._1.10, 1.18, 2.2, 2.7, .......... I............ 4-2, 4.3, 5.1, 5.3, 5A, 5.6-5.9, ....... ..... ....S,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, .....................I....................6.24, 9.13, 14.12 Waiver of Rights...............................................6.11 Surety -- consent to final payment, ,,•.,,,,,•. 14.12, 14.14 ENGINEER has no duty ta................................ 9.13 Notification of,, __ ..................... 10.1, 10.5, 15.2 qualification of ... .................. ................ ........ SA-5.3 Survival of Obligations...........................................6.34 Suspend Work, OWNER May ....... ........... ..... 13.10, 15.1 Suspension of Work and Termination-„........ 15 CONTRACTOR May Stop Work or Terminate . ................................._........._ 15.5 OWNER May Suspend Work.---•.........................15.1 OWNER May Terminate.............................15.2-15.4 'faxes --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..,.-,.,,__„ ...................... 4?.3 xiv Temporary construction facilities ............. ... 4.1 Article or Paragraph Number Termination— by CONTRACTOR ....----• ..... ................. ......... 15.5 by OWNER ...................................... ..11,8, 15.1-15.4 of ENGINEER's employment .................... ........... $.2 Suspension of Work-in general,......I ..... , 1,,,,,,-,,.. 15 Terms and Adjectives..............................................3A Tests and Inspections -- Access to the Work, by others .......... -. ,13.2 CONTRACTOR's responsibilities ................... ,,,13.5 cost of 13.4 covering Work prior to..............................13.643.7 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 ENGINEER ,,,,,,,,,,,,,,,,,,•.,,.... 9.6 timely notice required....- ................. ­­ ........... 13.4 Uncovering the Work, at ENGINEER's request . ......:........................... ..........13.8 13.9 Times -- Adjusting ................................. ........................... 6.6 Change of Contract , _._..„..•.........................I......1.12 Computation of, .................. ....... .... ...................17.2 Contract Times --definition of ..........................1.12 day_..................................... ..................17.12 Milestones..........................................................12 Requirements— appeals .... -...... - ............................ 9.10, 16 .. ........ clarifications, claims and disputes ....... ,.......... 9.11, 11.2. 12 Commencement of Contract Times,,,,,,,,,,,,,,, 2.3 Preconstruction Conference ...........................7.8 schedules.........................................2.6. 2.9, 6.6 Starting the Work .............................. ........... 2.4 Title. Warranty of. _.. .. . ..... I ................................... 14.3 Uncovering Work-_._ ........... ............... 13.8-13.9 Underground Facilities, Physical Conditions -- definition of....................................................1.41 Not Shown or Indicated..................._....---••-4.3.2 protection of ........................ _..1..4.3, 620 Shown or Indicated..........................................4.3.1 Unit Price Wurk-- claims .......................... ............................... 11.9.3 definition of.....................................................1.42 general l 1.9. 14.1. 14.5 Unit Prices— generall 1.3.1 Determination for9.10 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 of .............. 2.6, 2.8-2.9, 14.1 LJCUC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLUM MODMCATiONS (REV 9/") Variations in Work --Minor Authorized ....................................... 6 25, 6.27, 9.5 Article or Paragraph Number Visits to Site --by ENGINEER.,I................................ 9.2 Waiver of Claims --on Final Payment ... ............... _ 14-15 Waiver of Rights by insured partie5.................. 5,11, 6.11 Warranty and Guarantee, General --by CONTRACTOR ............................................... 6.30 Warranty of Title, CONTRACTORs......................„14.3 Work -- Access to.........................................................13.2 byothers............................................................... 7 Changes in the.....................................................10 Continuing the..................................................0.29 CONTRACTOR May Stop Work or Terminate...............................................15.5 Coordination of. ...... ... __ ................ __ ... ....... --- 3.4 Cost of the ................................................. 11.4-11.5 definition of.....................................................1.43 neglected by CONTRACTOR............................1114 r other Work ............................................................ OWNER May Stop Work ......... ......... ............... 13.10 OWNER May Suspend Work...................J3.10, IS.1 Related, Work at Site...................................„7.1-7.3 Starting the,.......................................................2A Stopping by CONTRACTOR.............................1.5.5 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— defirution of.....................................................1.45 principal references to... .... ..... . 1. 10, 3.5. 5.10,15.12, .........................0.6.2, 6.8.2. 6.19, 10.1, 10.4, --------.-„.,------------- _.11.2, 12.1, 13.122, 14.7.2 Written Clarifications and Interpretations..................................3.6.3, 9.4, 9.11 Written Notice Required -- by CONTRACTOR .............................7. -1, 9.10-9.11, .......................................... 10.4, 11 2. 12.1 by QWNER .................... 9.10-9.11, 10.4, 11.2, 13.14 Xv EJCDC GENERAL COMMONS 1910.8 09W EDITION w/ CITY OF FORT COLLINS MODIFICATIONS (RFV 9/W) (This page left blank intentionally) LJCDC. GLNERAL COMMONS 1910 •$ (1990 ELXT10N) wt CITY OF FORT COLLINS MOOMCA11ON$ (RFV 91") GENERAL CONDITIONS ARTICLE 1—DETINi110NS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1, Addenda --Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents_ 1.2. Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 13. Application for Payment —The form accepted by F'NCrlN8H,R which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. IA Asbestos --Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 13. Bid -The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.& Bidding Docrunenty—The advertisement or initiation to Bid, instructions to bidders, dic Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. ,Bidding Requirements --The advertisement or invitation to Bid, instructions to bidders, and the Bid form. I.S. Bonds —Performance and Payment bonds and other instruments of security. 19. Change Order —A document recommended by 1 NGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. (Contract Docrimenis—The Agreement, Addenda (which pertain to the Contract Documents), CONTRAUfOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EICW' GENERAL COND11IONZ 1910-3 0Y)0 Edfion) V CITY OF FORT COLLINS MODIFICATIONS (REV A 2000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1 and 3.6.3 on or after the Effective 17ate of the Agreement. Shop Drawing, submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4 2.1 am] 4.2.2 are not Contract Documents. 1.11, 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. Contact 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 hNGINEER's written recommendation of final payment in accordance with paragraph 14.13. 1-11. CONTRACTOR —The person, firm or corporation with whom OWNER has entered into the Agreemerit 1.14. defeethe—An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or 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 been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNNTER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15, Drawings —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 are not Drawings as so defined. 1.16. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the List of the two parties to sign and deliver. I.l7. ENGINLER—The person, firm or corporation named as such in the Agreement. 1.18. ENGIArEER's• Constdiant--A person, firm or corporation having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 1,20. General Requirements --Sections of Division i of the Specifications_ 1 ill. Hazardous Waste —The term Hazardous \Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Ad (42 USC Section 6903) as amended from time to time. 1.21a, Lairs and Regulations; Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction 122.b. Legal Holidays --shall be those holidays observed by the City of Fort Collins 1.23. Liens --Liens, charges, security interests encumbrances upon real property or personal property. 1.24. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. I `?5. Notice ofAsvard—A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions 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) firing the date on which the Contract Times will commence to nut and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 1,27. OJIWEER—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. L25. 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 Work. l 29. PCBs --Polychlorinated biphenyls. 1,30, Petrolsran--Petroleurn, including crude oil or 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 non Ilarardous Wastes and crude oils. 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32.a. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of VCDC OENF.itAL CONDM OM 191" (1990 E(fition) w! CITY OF FORT COLLIM MODIFICATIONS (REV d2000) 1954 (42 USG Section 2011 et seq.) as amerided from time to time. 132.b. Regular Working Haurs--Rey!ular working hours are defined as 7:00am to 6:00W unless otherwise specified in the General Requirements. 133. Resident Project Representative —The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged 1.35. Shop Drattings--All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specfcations—Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems standards and workmanship as applicd to the Work and certain administrative details applicable thereto. 1.37. Subcontractor —An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performancc of a part of the Work at the site. 138. Substantial Completion --The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intcnded; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by FNG-TNTFF.,R'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. 139. Supplementart, Conditions —The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier —A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. I.41. Underground Facilities —All pipelines, conduits, ducts, cables, wires, manholes, vaults tanks, tunnels or other such facilities or attachments, and any encasements 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 communications, cable television, sewage and drainage removal. traffic or other control systems or water. 1.42. Urrit Price Work --Work to be paid for on the basis of unit prices. 1.43. WoAi The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents 1.44, Work CDrmrge Directive —A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENO MER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Wock is to be performed as prcwided in peragraph42 or 43 or to emergencies under paragraph 6,23. A Work Change Directive will not change the Contract price or the Contract Times, but is evidence that the partics expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following ncgotiatioms by the parties as to its effect, if any, on the Contract price or Contract'fmtes as provided in paragraph 10.2. 1,45. Written Aniendntent--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 nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PRELIMINARY MATTERS Detirery of Bon& 2.1. 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. Copies of Docuntents: 2? OWN M- shall furnish to CONTRACTOR up to ten copies (unless otherwise 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 commence to run on the thirtieth day after the Effective Date of the Agreement, or, EXMCGENERAL CONDITIONS 1910-8 (1990 Edition) V CITY OF FORT COLLINS MOI)MCATIONS (REV 4l2000) 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 within thirty days after the Effective Date of the Agreement. of -Bid opening -or -the -thirtieth day-after•theEffective-late of -the Agreement whichever date is earlier. Starting the Work. 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract 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 Construction: 2.5. Before undertaking 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,y' conflict, error, ambiguity or discrepancy which CONTRAC- C'0 may discover and shall obtain a written interpretation or clarification from F,NGFNTFER before proceeding with any Work affected thereby; however, CONTRACTOR shall not he liable to OWNER or ENCTINEFR for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the Gcneral Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents: 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; 22.6.21. In no case will a schedule be acceptable which allows less than 21 calendar dan for each review by Engineer. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is started, COIN9'RACI'OR at qla shall eaeh deliver to the ether OWNER with copies to identified in the Supplemen", ('onditiAn,; FNCrflNTi'ER SECTION 00300 BID FORM ALTERNATE BID SCHEDULE 2 ALTERNATE BID S CH®ULE 2 EXCLUDES CRACK SEALANT AND CRACK FILLER MATERIAL Item No. Item Description Unit ContractQuantity 2015 Unit Price 2015 Projected Cost 408.07 CDOT Crack Sealant (Arterial) LBS 75,000 0.890 $ 66,750.00 408.08 CDOT Crack Sealant Collector LBS 100,000 0.822 $ 82,200.00 408.09 CDOT Crack Sealant(Residential LBS 300,000 0.822 $ 246,600.00 408.10 CDOT Crack Filler Arterial LBS 15,000 1.069 $ 16,035.00 408.11 CDOT Crack Filler (Collector) LBS 15,000 0.945 $ 14,175.00 408.12 CDOT Crack Filler(Residential) LBS 30,000 0.945 $ 28,350.00 630.01 VARIABLE MESSAGE BOARD EA/DAY 10 123.120 $ 1,231.20 630.02 ADVAMCE WARNINGARROW PANEL EA/DAY 20 73.870 $ 1,477.40 630.03 ADDITIONAL FLAGGING PERSONNEL HOUR 50 24.330 $ 1,216.50 2015 TOTAL COST $ 458,035.10 In Words: aCOoa- ��u�oRFA �tF�l i'l ,t c `1 ��,,,s�•-� T�+I �-kyL 14&AP,&5 �,..►a L Company: �,J,r�4 1}JUST_ �N(.. Submitted By: A(Zzz WrtTtcLt4.,.,,e Address: C n Ac3I'L L Phone: 93 o- Z3? - 9ZHL Email: v3 Q, AyAs�o,*Ly . r.o,-. Check one: Individual Doing Business in Company Name I Corporation Partnership certificates of insurance (and other evidence of insurance saseactbly— r uest requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.4, 5Aand 5-7. Preconstruction Conference.- 2.8. Within twenty days after the Contract limes start to run, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appmpriIte will be hold to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Initially Aeeeptahle Schedules: 2.9. Unless otherwise provided in the Contract Iocuments, at=aeast fenFIa before any work at the site begins a conference attended by CONTRACTOR, ENGINEER and others as dcsi 3>gt ted try ORTIFR, will be held to review or ac eptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.6. �lsis n��Cr ?_RM CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete 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 progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the 'Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOWs schedule of Shop Drawing and Sample submissions will be acceptable to F.NGINF.ER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3--CONTRACT DOCUNIEINTS: IINTENT, AMENDING, REUSE Intent: 3.1 The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be wnstrucd in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to E1CDC: GENERr1L CON0I7I ONS 1910E (1990 Edf w) W/ CITY OF FORT COLLLNS MODMCATIONS (ELL'V 4f20o0) describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documems. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall he issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and S�ecifeations of Technical Societies; Reporting and Resolving Discrepancies: 3.3.1. Reference to standards, specifications, manuals or cosies of any technical society, organization or association, or to the laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the EtTective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents, 3.3.2. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or 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, specification, manual or code or of any 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 Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OINNER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or 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 paragraph 3.5 or 3.6. the provisions of the Contract Documents shall take 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, manual, code or 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 interpretation 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 ENCrTNFI,R, or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Document-, nor shall it be effective to assign to OWNER, ENCrTNTFFR or any of FNGTNF,FR's Consultants, agents or employees any duty or authority to supervise or direct the furnishing 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 Documents. 3.4, t[ hcnever in the Contract Documents the terms "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" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGMEER 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 2qGINEFR any duty or authority to supervise or direct the furnishing or performance of the Wort; or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. .amending and Supplementing Contract Documents 3.5. The Contract Documents may be amended to provide for additions, deletions acid revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment 3.5.2, a Change Order (pursuant to paragraph 10.4), or EX-M. GENi LkL CONDITIONS 1910.3 (1990 Edtim) w' G'ITY OF FORT COLLINS MODIFICATIONS MBA a2000) 3.5.3. a Work Change Directive (pursuant to 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 he suthorimd, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.61 ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4)- Reuse of Documents: 3.7. CONTRACTOR. and any Subcontractor or Supplier or other person or organisation performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership right-. in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or hearing the seal of ENGINEER or FNGTNF.FR's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINF l R. ARTICLE 4--AVAILABILITY OF LANDS; SUBSURFACE: AND PHYSICAL CONUITIONS; REFERENCE POINTS Availabitity of Lands: 4.1. OXVNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Upon -reasonable -written request: f1111A ..Cell f.. nish GONTRAGTGR with a- effect statement -of -record 4agai4id"nd4egal desetVion-ofthe lands upon-which--the-Next. -is -to-_be-performed-end GWNERt9-interest therein -as necessary for givingnotice of-or-Ming--a mechanic's lien -against -such- lands 4n OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR and OItiN`HR are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNF.R's furnishing these lands, rights -of - way or casements CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4?. Subsurface and Physical Canditions: 4.2.1. Reports and Draisings: Reference is made to the Supplementary Conditions for identification of 42.1.1. SubsTrr/&ce Conditions: Those reports of explorations and tests 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. Physical Conditions 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 utilized by ENGINEER in preparing the Contract Documents. 422_ Limited Reliance by CON77t4C''TOR Authorized` 7eelrnical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. 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 ENGINFVR's Consultants with respect to: 422.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4223- any CONTRACTOR interpretation or conclusion drawn from any "technical data" any such data, interpretations, opinions information. 4.2.3. Notice of Differing Subsurface or Physical Conditions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 42.3.1. is of such a nature as to establish that any "technicnl data" on which CONTRACTOR is entitled to rely as provided in paragraphs 42.1 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 4.2.3.3. differs materially from that shown or EXI7C OLNERAL CONDITIONS 191" (1990 E(lition) col CITY OF FORT COLLIISS MODIF1 CATIONS (REV 42006) indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, preatptly- immediately after becoming aware thereof and before ftut}ter disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. EIvGINEER's Review: E'NG1NEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNFiR in writing (with a copy to CONTRACTOR) of hNG]NEER's findings and conclusions. 4.2.5. Possible Contract Documents C92ange: If ENGINEER concludes that a change in the Contract Tk-)cwcrits is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 42.6. Possible Price and Timer AL#usbrzents: An equitable adjustment in the Contract price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR's cost of, or time required for performance oC the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs4.23.1 through 4.2.3.4, inclusive; 4 2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 42.63. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price 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 or Times if; 4 2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONiRACTOR's making such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are tunable to agree on entitlement 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 11 and 12. However, OWNER, FNGINFliR and FVGTN , ER's Consultants shall not be liable to CONTRACTOR for arty claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project 4.3. Physical Conditions Underground Facifiiies. 4.3.1. Sltmm or h0cated: The information and data shown or indicated in the Contract Document-, with respect to existing underground Facilities at or contiguous to the site is based on information and data furnished to OWNFR or F.NGiNF.F.R by the owners of such underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. O«NIER and ENGINEER shall not be responsible for the accuracy or completeness of am• such information or data; and 4.3.1.2. 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, (ii) locating all Underground Facilities shown or indicated in the Contract Documents,(iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph620 and repairing any damage thereto resulting from the Work. 4.3.2. h'ot Shoain or Indicaled: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents. CONTRACTOR shall, promptly immediate]} after becoming; aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph6.23), identify the owner of such Underground Facility and EJCOCGENERAL CONDITIONS 1910.8 (1990 E(ftion) w' CI Y OF FORT COLLINS MODIFICATIONS OWV 4f2000) give written notice to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Underground Facility and determine the extent, if any, 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 or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as pprovided in paragraph 6 20 CONTRACTOR sl3all may be allowed an increase in the Contract Price or an extension of the Contract Times, 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 been 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 11 and 12, However, OWNER, FNGTNTFF,R and FNGiNEER's Consultants shall not be liable to CON•TRA(71'OR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points: 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in 24GINEER's judgment are necessary to enable CONI"RACTOR 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 or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Peiroleunr,11a arelous Waste or Radioactive Material: 4.5,1. 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 or identified in the Contract Documents to be %%ithin the scope of the Work anti 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, Supphers or anyone else for whom CONTRACTOR is responsible. 4;3:2---6WTRACTOR-shall-imme&otely--i -0 #��aHs�t2eF-sc�fu�tn such. nokee-irt wrw C3WAl#rTt shall -promptly comuh-with-$Ater-coneerning--the-nceessky-fior PWi,MR-to-remin a._qualified-expect-to evaluate such CONTRACTOR shall not be rsoquiredtoresutne Wcorlt in-eny any-r�tirad -pat3n its-related-tl3ereto.and-delivered-to that weh eandition apA-any-r� area is or has been "der -ad se fa of Wodc, of undef which such be Fegamed COAI"i-£�U'"TC�I�-sannet-agrssafely. a:; to-entidentant-to-<�r it.A ARIPAIRt ,.f an adjustment, if 1- _1118-f- or eXtent affyin War]; gtappas t : t idit:,..,...,.,ElOr ., iGh GS provided in C-CRWRAC>TOR does -not -agree -to reswne such -work based on a reasonable khefk ft. Of "Oes net under —sire. special eondition of in sueh affeeted area to be deleted ff the ti rat. i f ntin, ;P _nd GONTP W4014 __. n. sc-r+ti+z.r�.. ., agfee act-to-antitlatttet3t-tn er-the anrcwrii cx-e�4ant-man as a Fesul! of deleting swah portion of the th either-party--tttay-tttake�a-'Elariawtlterefar-as previcled-s� portion--of--the--Wark-perfurnied--&y-OWNERs-own £orcas orothers:an-aosordance-with Article 7. R,v- tiat�--6� dal -indemnify- enFl._.hc�ld harmless--•- W ._661�1TItA6T6it _ »ubcontrt�et�xs: of€teers-.directors:-�-etnployaas;- - aganss;----other iomuktints- and--subwntractors--nf--each- and -any --cif them from and -against-all claims; costs, -'losses-and damages- --,rising---vA--of-such cost; -loss -or t6mage-is`attributable-ie4--4xhly-'nlury; ;l�ding...t#x>-Ross-c>I�usa-resulting-'•thrrrfrcxrt; -and (ii) nothing --in- this-subperagntph-4.5:4 shal}-cibligate f�G�I+II'sR--to-inciamnify-any-parsor+vr-entity-from-find own negligence; EJCDC, OhNERALCONt)MON5191t13(1990Mim) 1%7 CITY OF FORT COLLINS MODIF7 CATIONS MIEV 4.2000) ARTICLE 5--BONDS AND INSURANCE Performance, Payment and Other Bonds: 5.L CONTRACTOR shall furnish Performance and Payment Bonds. each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR'S obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Docurrients. CONTRACTOR shall also famish such other Bonds as are required by the Supplcmentary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of "Compan ics Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, 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 state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter suhstitute another Bond and surety, both of which must be acceptable to OWNER.. 5.3. Licensed Sureties and Insurers; Certificates 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 or insurance oompames that are duly licensed or autborized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so 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 shall deliver to OWNER, With copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with par-agraph 5.4. OWNER -shall additional- insured--identified--in the, -Su ary Conditions, eeffifiGates of insureme CONTR4, CTOR'sLiabilityInsurance. 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is approprisle for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from 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 them may he liable 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts: 5.4.2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACT OR'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, 5.4.4. claims -far damages_ insured. by customary /persol�rl-in�tY-litiHilit}`-c'oi'ar'age-tvheh-are-strstfl'tfted= oif an ..f'{ P60 liFe(-A" 5.4.5. claims for damages, other than to the Work itself; because of injury to or 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 am person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7 with respect to insurance required by paragraphs 5.4.3 througJi 5.4.6 inclusive arid 5.4.9, include as additional insureds (subject to any customary exclusion in respect of professional liability), OWNER. ENGINEER, ENGINI ERN Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, anti include coverage for the respective officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 5.4.9, include completed operations insurance; EX7DC. GENERAL CONDITIONS 191" (1990 Eblioin) wf C11Y of FORT OOLLINS MOD FICATIONS (REV 4l2000) 54.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 633; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, 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 whom a certificate 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 may be correcting, removing or replacing defective Work in accordance, with paragraph 13.12; and 5 4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effector at least two years after fmal payment (and CONTRACTOR shall furnish O'VNFR and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence %itisfactory- to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWAFR's Liability Insurance: 5.5. in addition to insurance required to be provided by CONTRACTOR under paragraph 5A, OWNER, at OWNER's option, may purchase and maintain at OWNLR's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property, Insurance: A-4-Weses-tiEherwise-1w-ovided-in the Supplementary Conditions. --OWNER shell--parcl�se----end—maintain oft fug-rapkscament-�thereof--(Sabject­to-such deductible -..amounts as- may be provided--at---the Supplementary-C-onditiom or required- by --Laws and Reagulatio**-This-Insurance shells 464---include- - the _ interests _m Df---C- W14ER; r entities identi-fiticl-in the-3upplementary.C-onditiom, each of whom is ckemed to have -an -insurable -interest and shall be listed as an insured or additional -insured; 5:6..2 - be written rt-a Builder's Risk "all risk"---cx shall at least include isuFaiaee feF ph��sieal less ains! at least the fellawirg perils: fire, lightm: a soverage: t}raii;--vandt�l�sm-and--nlakisious-tnisshiel:perils Hs may be 4fr 3: ineiuele - ee}senses -iru urred in ---the repair -or rep}acamaltt off it red property (including -but net Imo., ,a •n 4806 and ChOfgeS Of engineers and architects; 5.6.1. E;ffeF materials and equipmeRt stored a! the or at another l<>Qatinrr that was -agreed te-in-wramg-tvy .pe.awd in the M41-1 queh materials and equipmem have been an- 3.6.S.-be-maintained--in-offea- ,intil-final-payment-is made unless ethefwi.w agreed d1irty days"-writtenafiGh ether ac itiAnal issued. 5,7. OWNER shac*i'i Fehase-u -sueh boile. .ii5t3Fali6>E as -may -.be required� tkla-.Supp{ementary-('txKliti-)rts..-or EW As And Any sther pemens or e4ties ass Mi s}sall lac lusted as red - maintained -by -OW maintained -by -OWNER -in eccordanoe-with paragmplw5k and 5.7 wil}-eentf in a grof: endefsemem dim the coverage -afforded -will -not eaneelk>d er mateErially changed or -renewal -refused -until at -least -thirty -hays' --prier writttT,--notiee- ha-a-been--given-Air-QVaMR--mtd wlle�rtl-a -certificate-ref insurance hsa }x�n issued. and will "rasorltain -- waiver^---pre�vis�rls-aJt�.csordalace-�-wit)r gniph44'1' 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others m e-amounts e identified -in the-' lemeditary Conditions: --The- -of such - ass- 4HW if any - them-wi4*s• -property--ireAtrance oovenVe-witbin-4he-4imks-of-.such-amounts, -each-may purchase arlcl rrlairrtairt ib at-fife-frurchrsez'stivKfl axperus. 5A-G. -.4f %1 *-Fr-�4(r --requests in wrvtirwthat -other Ve in! inswranee be inejuded_ ape ( henge OfrleF��4Witten Amen-1 , }uric to EJCDC GMR& COND171ONS 191043 (t990 E&mj 10 IVI C]TY OF FORT COLLINS MODIFICATIONS (REV 4,12000) wnlmencement-of the Word: -art 4weite; 4WNER4*114n writing advise GONT-P-NOTOR whether OF not sush 13th 5-44--1:--OVNER and C-ONM -ACTOR.-intend-that-a{} policies purchased in- asserdanoe--with paragrapls-5.6 SubDmtradom----- NG24BBR:.-_. _ENiki� Cemtrhants and all other pe or entities idenlified an5areds or-adc}ttorral insureds in -such pci}eies and wig provide primmy UUv f _ ..n I .. ..d dRfne e-, eaused by the perils covered thereby, AI' t r ..r afly less damage thinsurers will have fie ri Ri ilra-;II�:.a�-�-�^dditisr,al--i�urc�ds--ti#►cnrottacier� ..I. ..,i... .,d .I..,. diresters;�plAyees and --mi, s for irr- SutasentracAeFs, E;siGP4;r6R, RiGr s Consultants -and -all oflw-persom-or-entitiesai"ified in payable underanypelicy so issues §.11.2. in addition; OWNER weivffi all figh agarrrst-----FA�%£�LE'FOR;--Sulxontract�JrS. oficer direotsrs; emplo}<eas and -agents of-aay-of titan; fey: Musa-or--ether--aanse�}uentia}-.lc�-e�•tendi+tg beyond-�lirest�--ptt*}si�l°-1oss�--ar--c�Jttag�to arising-outoforrmuking-from--fife or -other, peril; whether•-or-not•muwe -by-OV,'NFsF,,-and r1-1.��.--1a�-ef dantaga--io-tlta-sortlplated resulting._ from -fire or--other-Insured-peril-covered par#ial--uti:liartior}..__..pursuant -_ . to paragraph-14-} ,-aker--Substantial--Completion pursuant -to pa gaph 14A-or-a&r-fml payment recovery-agairist any -of 4CO NTRACFC W,-.'Subcontractors; 1;NGP*r9v r:r rrrr.;1MRo s Oamsul4nn , nd ,he ,.rr,,.._s Receipt andApplicafion of Insurance Proceeth- 5.12. Any insured 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 paragraph 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 thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER'S exercise of this power. If Such objection be madc, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached. OWNER as fiduciary shall adjust and settle the loss with the insurers and-i€ r ti.-in�witistg by -any l --in F thA Acceptance of Ron& and Inutrance; Upfion to Replace: 5.14. If OWNER has any objection to the coverage afforded by ex other provisions of the Bonds or insurance required to be purchased and maintained by the offier—party CONTRACTOR in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting -party shall -so notify the other -party OWNIM will 1194fy_QQ�.I l3AMP, in writing within tent fi&7edays after receipt delivery of the certificates (ffmother-evidence requested) ttq_QWT R__ps required by paragraph 2-7. other-srxc#r-additional-infurmatiort- in-respect--of-insauance provided -as -the -other may reaaonnbly.requesL----Ifeither party *lies -trot-purchase or maintain all the Bonds and insurance ---required of such l*rty-by--the---Contract writingof such-f931ure t0 pttCellaSe prior- to -the start of the prier icr arrYe in am armedy ca-;-the other party may -ekct -to -obtain-eWivalent Bonds or -insurance to protect such other party's interests at the expense of -the party -who -was -required to provick such Contract Pric accordingly. Partial Ufilization-PropeHj,Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EXDC GENERAL CONDITIONS 1910-S (1990 E(Itim) V CITY OF FORT COLLINS MOUMCATIONS (MV 42000) Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.IQ provided that no such use or occupancy shall commence before the insurers providing the property insurance 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 be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6-CONTRACTOR'S RESPONSII IUMS 1;upeni4on andSuperintendance: 6.1. CONTRACTOR shall supervise, 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 be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a Specific means, method, technique. sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents CONTRACTORshall be responsible to see 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 extraordinary 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 .is ifgiven to CONTRACTOR. Labor, Materials 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 discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated 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 OWNERS written consent given after prior written notice to ENGINEER. CONTRACTOR shall submit reWests to the ENGINEER no less than 49 hours in advance of anv Work to be performed on Saturday. Sunday, holidays or outside the Reetrlar Workina Hours. 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel. power, light, heat, telephone, water, sanitary facilities, temrpomry facilities aril all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.4,1. Purchasing Restrictions: CONTRACTOR must comply with the City's purchasing restrictions. A copy of the resolutions are available for review in the offices of the Purchasing and Risk Management Division or the City Clerk's office. 6.4.2. Cement Restrictions: Citv of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that bum hazardous waste as a 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 benefit of OWNER. If required by ENGTNF,F.R, CONTRAM'OR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents, Progrew Schedule: 6.6. 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 the extent indicated in paragraph 2.9) proposed adjustments in the progress schedule that will not change the Contract. Times (or Milestones). Such adjustments wiU 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 I,tilestones) 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. .Siz&Yitutes and "Or Equal "Items: 6.7.1. Whenever an item of material or equipment is specified or dcsc:ribed in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description E1CDC OENERAL CONDITIONS 1910.8 (1990 E(fition) 12 all CITY OF FORT COLLINS MODIFICATIONS (REV 412000) contains or is followed by words 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 uruier the following circumstances: 6.7.1.1. "Or -Equal" If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGMEFR's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Subslilule hems: If in ENGINEER's sole discretion an item of material or equipment proposed by CON�TIRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow FNGTN'EF,R to detemrine 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 MIMFF,R may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by FNGTNF.F.R from anyone other than CONTRACTOR If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGMEI R for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified The application will state the extent, if any, 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 ccsmection with the Work is subject to payment of any license fee or royalty. Al l variations of the proposed 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 the resulting change, all of which will be considered by ENGINEER in evaluating the isooppoosed substitute. ENGINEER may require CO 4RACTOR to furnish additional data about the proposed substitute. 6.7.1.3. COAt7RACTOR's Expanse: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense. 6.7.2. Substitute Construction Methods or Procediums: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required 1)), the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3.. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or I" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which wil l be evidenced by either a Change Order or an approved Shop Drawing. 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 retard time required by ENGINEER and ENGINEER's Consultants in evaluating substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1 2 and 63.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute itent so proposed or submitted by CONTRACTOR CONTRACTOR shall reimburse OWNER for the charges of ENGLNEER and ENGINEER'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 organization (including those 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 required to employ any Subcontractor, Supplier or other person or organization to furnish or perform array of the Work against whom CONTRACTOR has reasonable objection. EJCDCGENERAL CONDITIOm igi0S (1490 E(ition) w' CtTY OF FORT COLLI NS MODIFICATIONS (REV 4/2000) 6.9. CONTRACTOR shall perform that less than 20 percent_ of the Vu'ork with its own forces that is, without subcontracting). The 20 percent requirement shall be understood to refer to the Work the value of which totals not less than 20 percent of the Contract Price. 6.8.2. If the SupplemerAwy- Conditions Bidding; Docum ents 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--edv¢rnee--of-he-specified elate prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINi ER,--anck--i€ OWNETs or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of te c' s rnrrro er- ZZ „U subrokMe, the C-.enttaet Pfiee will he diffeFenee in the cost eeansiened by suslt substitution and an appropriate Change -Order will constitute a condition of the Contract reouiring the use of the named subcontractors, sutmliers or other persons or organization on the Work unless prior written approval is obtained from OWNER and ENGINEER, No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or, organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Wort:. 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 furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization, no shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. OWNER or ENGINEER may furnish to any subcontractor, supplier or other person or organization evidence of amounts paid W CONTRACTOR in accordance with CONTRACTOR`S "Applications for Payment". 13 SECTION 00500 AGREEMENT FORMS 00520 Agreement 00530 Notice to Proceed 6,9,2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors. Suppliers and other persons and organisations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR. 6,10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. s lditte~�z ,�;�ad in C-0PiTR#;-T-OR-snd-4hei-Suka�actor-or .SuEplier--wilI ---her arising alit ef or fe the'trrk -If the insuron any -sash -policies. -require Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use 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 oilers. If a particular invention, design, process, product or 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 rights shall 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 anti any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents. EJCDCOENERA:L COMM 191" (1990Editiw) 14 wt CITY OF FORT COLLINS MODIFI CATIONS (REV 41'?000) Permits, 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay 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 the 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 OWNF'.R shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. LawsandRegrdations: 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 ENGINEER shall be responsible for monitoring CONTRAC7OR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTORSpr imary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. Taxes: 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. OWNED is exzmot from Colorado State artd local sales and use taxes on materials to be perntanentl tnccxporated into Nt. Said taxes shall rmt be included in the Contract Price. .Address: Colorado Department of Revenue State Canital Anne\ 1375 Sherman Street aenver—Coloradg 84261 Sales and Ilse Taxes for the State of Colorado, Regional Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption All applicable Sales and Use Taxes (including State collected taxes), on any items other than construction and building materials physically, incorporated into the project are to be paid Iry CONTRAC OR and are to be included in appropriate bid items. Use of Prenusec. 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for arty damage to any such land or arcs, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute rm-elution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Rcgulations, indemnify and hold harmless OWNER, ENGINEER ENGINEERS Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting frtun the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, 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 Documents. 6.18, CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: F,JCVC Gb'NEM CONDITIONS 1910.8 (1990 Edition) wJCITY Or FORT COLLINS MODIMCATIONS (REV412000) 6.19, CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show al I 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 payment, these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protecdon: 6.20. CONTRACTOR shalt 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: 620 L all persons on the Work site or who may he affected by the Work; 6.20.2. all the Work and materials and equipment to he- incorporated therein, 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 or 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 necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utilit}} owners when prosecution of the Work may alTect tl'In, and shall cooperate with them in the protection, removal, relocation snot replacement of their property. All damage, injury or loss to any property referred to in paragraphs 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish 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 omissions of OWNER or ENGINEER or ENG133EER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization 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 all the Work is completed and ENGINEER has issued a 15 notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. Safety Representative- - CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety preaiutions and programs. Hazard Communication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. 'Dnergencies: 623. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER detcrmines that a change in the Contract Document-, is required because of the action taken by CONTRACTOR in response to such an emergency, a Wort: Charge Directive or Change Order will be issued to document the consequences of such action 6.24. Shop Drawings and Santples:- 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 clata to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.2 CONTRACTOR shall also submit. Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be 'identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited EJCIX. GENERAL. CONAt71 ONs i 9 i o-s o 990 Eatim) 16 wl CITY OF FORT COt.LtM MOMI C.ATIO;NS (REV 027000) purposes required by paragraph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures: 6.25A. Before submitting each Shop Drawing or Sample. CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.12 all materials with respect to untended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.3. all information relative to CONTRACI'OR's sole responsibilities in resln;ct of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Wort: and the Contract Documents, 6.252. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONI'RACTOR'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 from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for 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 Draw -ins and Sample submittals accepted by ENGINEER as required by paragaph 2.9. ENGINEERS; review and approval will be only to determine ifthe items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed project as a functioning whole as indicated by the Contract Documents. ENGIINTEER's review and approval will not extend to means, methods, techniques, sequences 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 functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required 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 2qGINTEER on previous submittals. 6.27_ ENGNEFR's 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 INGINEER's attention to each 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 the requirements of paragraph 625.1- 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGNF,ER as required by paragraph 2.9, any related Work performed prior to hNGINI ER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR - Continuing the Work: 629. CONTRACTOR shall carry on the Work and adhere to the progress schedule during 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. CON7R4CTOR'.c General T arranty and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER s Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONITRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operaticm by persons other thin CONTRACTOR, Subcontractors or Suppliers; or 6.30.1.2. normal wear 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 EMC-GENER L COMMONS 1910-5 (1990 Edtim) w' C1'IY OF FORT COLUM MODIFICATIONS (RL•v 4120oo) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work, in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER: 630.2.2. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30 2-4, use or occupancy of the Work or any part thereof by OWNER; 6.30.2.5. any acceptance 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 T any inspection, test or approval by others; or 6.30.2.8. any correction of defective Work by OWNER. indemnifrcatirm: 6:31. 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 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, cost, loss or damage- (i) is attributable to bodily injuy, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itselo, including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR arty Subcontractor, airy Surlier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In anv and all claims against MNER or ENGINTEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subourinctor, any Supplier, any person or organization directly or indirectly employed by 17 any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under parag aph 6.31 shall not extend to the liability of ENGINEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or om issions of any of them. Snnival of Obligations: 6.34. All representatiom, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7--OTHER WORK Related Work at Site: Tl1 OWNER may perform other work related to the Project at the site by OWNER' own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documcnts, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (v)CONTRACTOR may snake a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the patties 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 contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGR, EER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable EJCUC GENERAL. CONDM oNs 191" (199a Ed wo 18 w/ C1TY OF FORT COLLIM MODiF1CATIONS (REV 4P_000) provisions for the benefit of CONTRACTOR in said direct contracts 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 A 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 fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coonfination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will he set forth in Supplementary Conditioms: 7.A.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 be covered by such authority and responsibility will be itemized; and 7.4.3. 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--OWNER'S RESPONSIBILITIES 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 whom -CONTRACTOR makes -no -reasonable objection; whose status under the Contract Documents shall be that of the former E'vr NGINEER 83. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and casements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 42 refers to OWNER's identifying and making available to CONTRACTOR topics of reports of eVlorations 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. forth in paragraphs 5:5 through 5-14 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8-8 In connection with OlArNFR's right to stop Work or suspend Work, we paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances_ 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, COMRACTOR's means, methods, techniques, sequences or promedures 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. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. AAbe t PCA9;—Petraleum, Flazardaus Ww;w--er Ilisite is 8.11. if and to the e-&etit GINNER figs egfeed to f6prish ('41Fpflsew3„,�evidanee that—.,ia,s,R, arrangements have -been -trade—to--satisfy--0WNESR's flblt'�'9ii8rL`i--'!tn(ler—the-(.-vrm .•a�bc�aicc�n'-�,- r�-'v �Ti�cD� responsibility ..in-respect-iharaof-will be as set forth in the Supplementary Conditions, ARTICLE 9—ENGINEER'S 5TATi.S DITRUNG CONSTRUCTION 01MVER's Representative: 9.1. ENGINEER will be OWNER's representative during the construction Period. The duties and responsibilities and the limitations of authority of ENGINEER as OANiER's representative during construction are set forth in the Contract Documents and shall not be edended without written consent of OWNER and ENGINEER Nsits 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 e.%Terienced and qualified design professional the progress EXMC. GENEKAL CONDITIONS 1910-8 (1990 Ebtioa) w! CITY Or FORT COLD NS MODIMATIONS (RL• V 4P10D0) that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, Eli 1GINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make e.�haustive or continuous or, site inspections to check the quality or quantity of the Work. 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 defective Mork. ENGINMP's visits and on -site ol-scrvations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation during or us a result of ENGINEER's on -site visits or observations of CONrRAcrOR's Work ENGINEER will not supervise, direct, control or have authority over or 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 Regulation- applicable to the famishing or performance of the Work. Project Representative: 9-3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work- The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs 9 , and 9.13 and in the c,,....i.,.aentw) 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 A a Supplementor, GeWifiens paragraph 93 of these General Conditions �e FNG1NEER furnish" 2 ReStdte7tt �;r9.14�t.__�.t��i>�<<e � Or Other assistants, or if the OWNER designates a Representative or agenT3oft, all as pMided in paragraph ilia General Conditions, these Representativesshall _have the evthon� and, limitations as,pro_v_ided in paragraph 9.13 of the General Conditions and shall be subject to the following: 9.3.1. The Representative's dealings in matters rertainina to the on -site work will, in general, be with the ENTGINEER and CONTRACTOR- But the Re�resentative wilt _ lezp the OWNER _ pr�r� advised about such matters. The RgReszntati_v_e's dealings with subcontractors will only be through or with the full l:n wk*- and aplxov_sl of the 65IQTRACTOR 9.3.2. Duties and Responsibilities. ReyreslTltatiyC will: 9-3 2.1. Schedules - Review the nrouess 19 schedule and other schedules prepgred ty the NrRA T OR and consult with the ENGINEER concerning acceptability. 9.3.2.2. Conferences and Meeting - Attend mpgtM with the CONTRACTOR such as preconstruction conferences,�rogress meetings and other job conferences and prepare and eircu]ate conies of minutes oCmeetirt�s 9.3.2.3. Liaison 9.32.3.1, Serve as ENGINEERS liaison with CONTRACTOR working principally throughCONTRACTOR'S superintendent to assist the CONTRACTOR in understanding the Contract Documents. 9.3 2.3.2. Assist in obtaining from OWNER additional details or information when required. for proper execution of the Work. 9.3 2.3.3. Advise the ENCrfNEFR and CONTRACTOR of the commencement of tiny Work roc irtng a Shop Drawing or sale submission if the submission has rnnt been approved by the ENGINEER 9 . &Review of Work. R,�Setion of Defe_aive Work, lrismctions andTests - 93.2A.1. Conduct on -site observations of I Work inpro to assist the ENGINEER in determini at the Work is proceeding in accordance with the Contract Documents. 9.3.2.4.3.___Accom�ny„_,g__,nsitit� inspectors representing public or other agencies havirtt� iunsdiction over the Project record the results of these inspections find report to the ENGiI�TEER. 9.3.2.5. Interpretation of Contract Documents. Report to E'MMEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarification and Interetatian of the Contract Documents as issued by the ia` "I'VNIN 7 9.3.2.6. Modifications. Consider and evaluate CONTRAC `rOR'S suggestions for �() EICDCGE'NERAL COM?MON519104 (1990 Ediliac) w/ CITY OF PORT COLLIM MODIFICATIONS (REV d/2000) modification in Drawines or Specifications and report these rect>mmendat;ons to ENGINEER. Accurately transmit to CONTRACTOR decisions issued by the ENGINEER 9.3.2.7. Records. 9.3.2.73. Record names addresses and telephone numbers of all CONTRACTORS. subcontractors and major gmm-iem of owiprctent and materials. 9.12.8.1 Fs tish 7 `1GINEBR_y odic rewrts.., as reauired of the pLQc�S ess�c� Work and of the CONTRACTORS s kpl3gil a Jlb..lIN ess schedule and schedule of sMhnp Draw.and samvle advance of schedut M ma tests, inswtions or start of important phases of the Work, 9.3 2.8.3. Draft proposed Change Orders and Work Directive chawes, -obtamtng back material from the CONTRACTOR an recommend to ENGINEER Orders. Work Directive Changes and field orders 9.3.2.8A. Report immediately to ENGINEER and OWNER the occurrence of any accident. 9.3.2.9. Payment Requests. Review applications fnr cnt with CONTRACTOR for coin liancc wi the established procedure for their submission and forward with recommendation to ENGINEER, noting articularl the relationship of the payment requested to the_soheclule ofyalues work completed and materials and equipment delivered at the site but not incorporated ut the WC& 9.3.2.10. Completion. 9.3.2.10.1. Before ENGINEER issues a Certificate of Substantial Completion. submit to CONTRACTOR a list of observed items reauirim correction or completion 9.3.2.10.2. Conduct final inspection in the tampon of the ENGINEER_ OWNER and CONTRACTOR and prcrrrrc a final list of items to be corrected or completed. 9.3.2.10.3. Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concerning, acceptance. 9 33, 1 imitation of Authority: The Representative shall not: y_3.3.11 Authorizc any deviations from the Contract Documents or accept any substitute rflaterials PX eauitmtL_utss_at►tjtQ670_t)y_ t1 ENGINEER 9.3.3-2. Exceed limitations of ENGINEM'S authority as set forth in the Contract Documents. 9.3.3.3. Undertake any of the Les porisibilities of the CONTRACTOR. Subcontractors, or CONTRACTQR'S superiruertdent. 9. 3_4 Advi-p. Qt is ?f_ait 2ris ragv_e to or assume control ova eny _ es..pe_ct of the mearts,�tnethods tcchniD,- segue iges�or p�czdtl�� co ct't�_ Untiz�4 specifically called for in the Contract Documents. 9.3.3.5. Advise on or issue directions Le&lydlg& __t�trdte_o..[Pl[ _?fie precautions and_proms th connections with, the Work. 9.3.3.b�Acce�t_ ShnD _Ihewin�;s or ,sample submittals from anyone other than_ the CONTRACTOR 9.3.3.7. Authorize OWNER to occupy the Work in whole or in part 9;3,3.5. Participate _ in spe5.jalizeed field or laboratory tests or inspections conducted by others eatc_ept,___as specifically authorized -Jnt the ENGINEER. Clarifications and Interpretations: 9A. ENGINEER will issue with reasonable promptness such written clarifications or interpretatioms of the EXDC GENEKAL CONDMONS 1910.8 (1990 EA(ion) W C7'rY OF FORT COLLINS MOLNFICATIONS (REV 412000) requirements of the Contract Documents (in the form of Dmw*s or 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 CONTP,\C*I'OR_ If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any. OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or Article 12. Amthorized iariafYonsin Work: 9,5, ENGINEER may authorize minor variations in the Work from the requironicnts of the Contract Documents which do not involve an adiustmcnt 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 may be accomplished by a Field Order and will W binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. if OWNER or CONTRACTOR bclicves that a Field Order justifies an adjustment in the Contract Price 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 11 or 12. Rejecting Defective Work. 9.6. ENGINEER will have authority to disapprove or reject Work which FNGfNF,FR 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 Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 139, whether or not the Work is fabricated, installed or completed Shop Drawings, Change Orders and Payments: 9.7. In connection with BNGINC R's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.5. In connection with ENGINEER's authority as to Charge Orders, see Articles 10, 11, and 12. 9.9. In connection with ENGINEERS 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 Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the HNGINEFR's preliminary determinations on such matters before rendering a written decision thereon (hy recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNMZ or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEFR's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINFER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9,11. Decisions on Dicpures: 9.11_ ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. ('[aims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of The Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph_ Written notice of each such claim, dispute or other matter will be delivered by the claimant w ENGINEER and the otlu-r party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt ofthe opposing party's submittal, if any, in accordance with this paragraph ENGINEER's written decision on such claim, dispute or other mattes will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in FXH1131T GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGMIM-Rs written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the. appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such �2 E1Ci C.lib•NER�ILCONl MONS 191" (1990Edifim) w/ CITY OF FORT COLLIta'S MODIFICATIONS (REV 4/3000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9,10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14-15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by laws or Regulations in respect of any such claim, dispute or other matterixtrsum— '^ ^ �;tr� 16. 9.13, Limitations on ENGINEER's Axthority and Responsibilities: 9.13.1. Neither ENGINFER's authority or responsibility under this Article 9 or under any other Provision of the Contract Document; nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by F,NGTINEFR shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of therm. 9.132. ENGINEFR will not supervise, direct, control or have authority over or 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 Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of tiny other person or organization performing or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection, tests - and approvals and other documentation required to be delivered by paragraph 1412 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 stall also apply to LNGIlN'EER's Consultants, Resident Project Representative and assistants. ARTICLE 10—CHANGFS IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will he authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be perlonncd under the applicable conditions of the Contract Iocuments (except as otherwise specifically provided). 10.2. IC OWNER and CONTRACTOR are unable to agree as to the extent, 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 Change Directive, a claim may be made therefor as provided in Article 11 or Article 12, 10.3. CONTRACTOR shall not he 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 as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6, except in the cast: of an emergency 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 ENGINTEER (or Written Antenciments) covering: 10.4.1, changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (H) required because of acceptance of defective Work under paragraph 13.13 crr correcting defective Work under paragraph 13.14. or (iii) agreed to by the parties, 10.4.1 changes in the Contract Price or Contract Times which are agreed to by the parties-, 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 9-11, 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 appeal, CONTRACTOR shall cant' on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of arty change affecting the general scope of the Work or the provisions of the Contract Documents EJCDC GENERAL CONDITIONS 19104 (1990 Editiai) w(CI'rY OF FORT COLLINS MOM- CATIONS (RL• V V2000) (including, but not limited to. Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving. of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE II —CHANGE OF CONTRACT PRICE I1.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's 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 notice: delivered by the party making the claim to the other party and to ENGIATEER promptly (tut 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. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless FKGTNF,ER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if 014NER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accor&me with this paragraph 11.2. 11.3_ The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 20th day of March in the year of 2015 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Waterhouse, Inc., DBA All Pro Sealing. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK 1.1 Renewal. This Agreement is a renewal of the Agreement entered into between the parties on the 12th day of December, 2012, entitled Specifications and Contract Documents for 7290 Crack Seal and Fill Project 2012 City of Fort Collins (hereinafter called The 2012 CONTRACT) and all portions interpreted as if the same were attached hereto. This renewal is authorized pursuant to Article 3.1. Contract Period, of the 2012 CONTRACT. This Agreement shall be effective on the date this Agreement is signed by the City. 1.2 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 7290 Crack Seal & Fill Project — 2015 Renewal and is generally described in Section 01010. 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 one (1) additional one year periods. 3.2 The Work shall be Substantially Complete within ninety (90) calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance paragraphs 11.9.1 through 11.9.3, inclusive), 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2). 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTR.ACTOR'.s fee for overhead and profit (determined as provided in paragraph 11.6). Coo' of die Work: 11-4. The term Cost of the Work means the sum of all coals necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may he agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4-I.Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the site, payroll costs for employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shell includt;-but not be limited to; salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits; bonuses, applicable thereto. The expenses of performing iri'ork after regular working hours, on Saturday. Sunday or legal holidays. shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers field services required in connection therewith All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which cast the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by OWNER, �4 EJCDC.GENERALCOM71ONS1910-8(1990Editim) w/ CITY OF FORT COLLIM MODIFICATIONS (itEV 4/2000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of .ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractoes Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in pamlpaphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4A Costs of special consultants (including but not limited to cngincers, architects, testing laboratories, surveyors, attorneys and accountants) emplovcd for services specifically related to the Work. 11.4.5. Supplemental costs including the follmving: 11.4.5.1. The proportion of necessary transportation, trade and subsistence expenses of CONTRACTOR.-, employees incurred in discharge of duties connected with the Work. 11 A52. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR_ I I A5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OIVNER with the advice of ENGINEER, and the casts of transportation, loading, unloading, installation, dismantling and removal thereof —all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than 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, and royalty payments and fees for permits and licenses. 11 A5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except laws and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have resulted Crom 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 OWhTER No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. IL however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a lee proportionate to that stated in paragraph 11,62. I1.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5,& Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Ponds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.51 payroll costs 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, erTediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOWs principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of .job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4—all of which are to be considered administrative costs covered by the CONTRACT OWs fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's czipital 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 Bonk and for all insurance whether or not CONTRACTOR is required b , the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). EXW. GENIMa CONDtT OM 1910-3 (1990 Edition) w(C('1Y OF FOP T COLU NS MOO1t7 CATIONS J RL'V 42000) 11.55 Costs due to 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, including but not limited to, the correction of defective Work-, disposal of materials or equipment wrongly supplied and making good any damage to property. 115.6,, Other overhead or general expense costs of kind d and the costs of any item not specifically anti expressly included in paragraph 11.4. 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 of die Work: 11.0.2.1. for costs incurred under paragraphs 11 Al and 11.4.2, the CONTRACTOR's fee shall be fifteen percent; 11.6.22. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; 11.6-21 "here one or more tiers of subcontracts are on the basis of Cost of the Work (+pus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11 A.2, 11-4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier. will he paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.42 aml that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of -five percent-of-tha-amourit-paid-to the-next-lower-tier-Subenntmdor; to be ij! oU fed gpg Wft wtdj the OWNER but no to ex five nercent of the amount mid to the next lower 4isx_��t�tr��4t✓ 11.6.2.4, no fee shall be payable on the basis of costs itemized 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 charge which results in a net decrease in cost 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 11.6.16. when both additions and credits are involved in any one change, 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. l4'henever the cost of any Work is to be 25 determined pursuant to paragraphs 1 IA 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 .Allawaeces: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such suns as may be acceptable to OWNER and ENGINEER CONTRACTOR agrees that. 11.8.E 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 11.82. 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 on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by FNGlNhHR to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work: 119.1. Where the Contract Documents provide that all or part of the Work is to be Chit Price Work, initially the Contract Price 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 Net Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determimlions of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by E:NGINM-R in accordance with paragraph 9.10. 11 9.2. Each unit ice will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CON'TRACTOR's overhead and profit for each separately identified item. II.9.3.01VINT t or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if. 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; EJCDC. GIiNE M COMMONS 1910$ (1990 E(itim) 26 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/?000) and 1 L9.32. 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 exTense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 11.9.3.4. CONTRACTOR acknowledges that the OWNER has the right to add or delete items in the Bid or change quantities at OWNER'S sole discretion without affedm2 the Contract Price of env rcmainirag item so long as the deletion ar addition does not exceed twenty-five percent of the cxiginal total Contract price. ARTICLE 12--CHANGE OF CONTRACT TIMES 121. 'rhe Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Tunes (or Milestones) shall be based on written notice delivered l)y, the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty 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 claimed is the attire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event.. All claims for adjustment in the Contract Tunes (or Milestones) shall be determined by ENGINrFF.R in accordance with paragraph9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2, All tune limits stated in the Contract Documents are of the essence of the Agreement. 12.3. VV'here CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or 3vlilestones) due to delay beyond the control of CONTRACTOR the Contract Times (or Milestones) will be extended in an amount equal to time lost clue to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delay's within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties including, but not limited to, fires, floods, epidemics. abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors perform ing other work as contemplated by Article 7. ARTICLE 13--TF,STS AND INSPECTIONS; CORRECTION, RF.MO"VAL OR ACCEPTANCE OF DE1,1X71tE WORK 13.1. Notice ofAefects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR All defective Work may be rejected, corrected or accepted as provided in this Article 13. ,Access to Work: 13.2. OWNER, ENGINEER. ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasonable -times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections: 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 personnel to facilitate required inspections or tests_ 13A. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.4.1, for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 E MGENERALCoN1momigi0-stI99oEdition) W CiTY OF FORT COLLINS MODIFICATIONS (REV 4.2000) below shall be paid as provided in said paragraph 13.9; and 13.4.3. 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 thereof) 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 inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all casts in connection with any inspections tests or approvals required for OWNER's and ENGINEF.R's acceptance of materials or equipment to be incorporated in the Work or of materials, mix designs. or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. 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 expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the sane and ENGINEER has not acted with reasonable promptness in response to such notice. Uncm,ering Work: 13.5. If any Work- is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CON f RaCTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at EMINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective. CON`I*RACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering exposure. observation. inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement or work of others), and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such 27 uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and, if the parties are salable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. OWTtrf_`R May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way 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 stop the Work shall not give rise to any duty on the pate of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all casts of repair or replacement of work of others). 13.12. Correction Period• 13.12.1. If within one year two vears after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER`s written instructions: (i) correct such defective Work. or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom_ If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of lass or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR 13.12.2. In special circumstances where a 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 earlier elate if so provided in the Specifications or by Written Amendment 13.12.3. Where defective Work (and damage to other EICDCOb'NEKAL CONDITIONS 1910-8 (1990 Edition) 28 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Work resultil g 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 one year two vears after such correction or removal and replacement has been satisfactorily completed. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, ORNSR may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). if any such acceptance occurs prior to ENGINEER'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 he entitled to an appropriate decrease in the Contract Price, arid, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER elfnv Correct Defective Work: 13.14_ If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defectiw 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 exercising 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 CONTRACTOWs services related thereto, take possession of CONTRACTOWs tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNTER's representatives, agents and employees, OWNEWs other contractors and ENGINEER and ENGINEERS Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, 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 shall be entitled to an appropriate decrease in the Contract Price, and, if the parties arc unable to agree as to the amount thereoff. OWNER may make a claim therefor as provided in Article 1 I . Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or N lestones) hecause of any delay in performance of the Work attributable to the exercise by OWNLR of OWNER's rights and remedies hereunder. ARTICLE 14--PAVAIE1TS TO CONTRACTOR ,01) COMPLETION Schedule of I'alue .- 14.L The schedule 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. Application for Progress Pi yntent 14'. At least twenty days before the date established for .each progress payment (but not more often than once a month). CONTRACTOR shall submit to ENGINEER for review anApplication for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents_ If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting 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 insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OW vF.R. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. ntny funds that are withheld by_thz OW1v l2 shall not be subject to substitution by the CONTRACTOR with securities or any miatngeinents involvine an escrcnv or eustodianshik By, ertecuting_t& a_pplication.,for_ ayynertt form the CONTRACTOR expressly waives his riots to the benefits of Colcxadn Rcwised St gges�-Section 24 91-It)1 et sw. CONTRACTOR's Warranty of Tide: 14.3, CONTRACTOR warrant,, and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNT-R no later than the time of payment Gee and clear of all Liens. Review ofApplieations for Progress Payment• 14.4. ENGINEER will, within ten days after receipt each Application for Payment, either indicate in writing EJCDCGE'NEKAL CONDITION.51910-3 (1990 Edtiar) w/ Ci'1Y OF FORT OOUA NS MODIFICATIONS (REV 412000) recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGhNTEERs reasons for refusing to recommend payment. In the latter cave, CONTRACTOR may make the necessary corrections and resubmit the Application- Ten days after presentation of the Application for Payment to OWNER with ENGWEER's recommendation. the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR 14.5, ENGiNEER's recommendation of any payment requested in an Application for Payment will cxnstilute a representation by ENGiNEPP, to OWNER, based on F.NGiNF.ER's on -site observations of the executed Work as an experienced and qualified design professional and on EIdGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGiNEER's knowledge, information and belief 14.5.1- the Work has progressed to the point indicated, 14.52 the quality of the Work is generally 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 9,10, and to any other qualifications stated in the recommendation), and 14.5.3, the conditions precedent to CONTR.ACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGLNMR's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represemed that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the gwintity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract 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, shall not 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 anv failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion it would be incorrect to make the representations to 29 OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER!s opinion to protect OWNER from loss because: 14.7.1. the Work is defeclive, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct ckfecthw Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of tlx: full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOR's perfannance or furnishing of the Work, 14.7,6. liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7 there are other items entitling OWNER to a set- off against the amount recommended, or 14.7.8, OWNER has actual knowledge of the occurrence of tiny of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 1514 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. Substantial Completion: 14.8_ When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER UMCGE'Nl:`KALCONIX-11 M19105(1990Wtim) 30 col CITY OF FORT COLLI M MODIFICATIONS (P LV 4P_ei16) considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certifimte a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections. ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, H1,1GTNEER considers the Work - substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and. COA, TRACTOR with respooet to security, operation, safety, maintenance, heat, utilities, insurance: and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGiNI'sER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be Binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion. but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.i0. Use by OWNER at OWNER's option of any substantially completed part of the Work, which: (i) has specifically been identified in the Contract Documents, or (ii) OWNER. ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.16.1.OWNrER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part 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 that part of the Work to be substantially complete, the provisions of paragraphs 14.8 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 occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final lnspecAon: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, IRNOMER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. C."ONTRAC'fOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. Final.4pplication for Pavment: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragnrph 6.19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (ii) consent of the surety, if any, to final payment, and (iin) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases cr waivers of Liens and as approved by OWNER CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (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 EUX. GENEA.AL CONDITlom 191" (1990 Ebtion) w' Ci'1Y Or FORT COLLINS MOLan1CATIONS (REV 42000) to famish such a release or receipt in full, CONTRACTOR may famish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien Releases or waivers of liens and the consent of the surety to finalize payment are to be submitted on fors conforingto the format ofthe OWNER'S standard fors bound in the Proieet manual. Final Payment and Acceptance: 14.13. If, on the, basis of ENGINEER's observation of the Work during construction and final inspection, and FNGINEER's review of the final Application for payment and accompanying 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 FNGINEFR's recommendation of payment and present 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, h'NGINF,F,R will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend 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 doctmentation, in appropriate for and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNS R to CONTRACTOR suhiect to pKagraph 17.6 2 of these C etiLesa_1_Conclitions. 14.14. If through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon 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 shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15.1 _ a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after 31 final inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14,15.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION O1 R My Suspend i4'ork: 15.1. At any time and without cause, OWNER may sttspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGiNF,ER which will fix the date on which Work will be reswned. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to airy such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 1 I and 12. OWNER hfay Terminate: 15 2, Upon the occurrence of any one or more of the following events: 15.2. L if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under pwagraph2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Lars or Regulations of any public body having jurisdiction; 15.23. if CONTRACTOR disregards the authority of ENGINEER; or 15.2A if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid EJCDC GENERAL CONDM ONS 191" (1990 Edition) 32 W/ CITY OF FORT COLLINS MODIFICATIONS (REV 4P-000) CONTRACTOR but which are stored elsewhere, and finish the Work 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 Price exceeds- all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, ants, losses and damages incurred 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 be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so termirated by OWNER, the tennination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15A. 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): 15AL for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.42. for expenses sustained prior to the effective date of termination in performing services and fttrnishing 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 Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of Ions of anticipated profits or revenue or other economic loss arising out of or resulting from such term ination. CONTRA bfay Stop Work or Terminate: 15.5. Ill through no ad 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 ENIGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven clays' 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 paragraph 15.4- In lieu of terminating the Agreement and without 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 clue, CONTRACTOR may upon seven days written notice to OWNER and HNGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles I I and 12 for an increase in Contract Price or Contract Times or otherwise for c.�penses or damage directly attributable to CON TRACTOR's stopping Work as permitted by this paragraph. ARTICIY 16—DISPUTE.RFSOI.UTION If and to the extent 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 Agreement", to be attached hereto and made a part hereof If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs9.10, 9,11 and 9.12. OWNER and CONTRACTOR may exercise such rights or remedies as cither may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—NIISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the wing of written notice, it will be deemed to have been validly given if 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 known to the giver of the notice. 17.2. Computation of Tinze: 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 clay 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 jurisdiction, such day will be omitted from the computation. EXDC GENERAL CONDITIORS 1910-8 (1990 Edtiaa) wf CITY OF FORT COLLM MODIFICATIONS (REV 4l2000) 17.2, 2. A calendar day of twenty-four hours measured from midnight to the next 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 acts 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 injury or damage. The provisions of this paragraph 17.3 shall not he construed as a sul-istitute for or a waiver of the provisions of any applicable statute of limitations or repose.C'uniulatii•e 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, 630, 6.31, 632, 1,; 1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and FNGINF,FR thereunder, are in addition to, and are not to he construed in any way as a limitation of, any rights and remedies available to any or all of than which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, tight and remedy to which they apply. Professional fees and Court C: osts 1ncladed.- 17.5. Whenever reference is made to "claims, costs. losses 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 other dispute resolution costs. 176;The- law Qf the 5tatz_Qf.CQlgraddQ aPPJy'_to�s Agreement. Reference to two pertinent Coloratkn statutes are as follows, 17.6.2. If a claim is filed OWNER is required by law CRS 3826-107) to withhold from all pavements to CONTRACTOR sufficient funds to insure the Payment of all claims for labor, materials, team hire, sustenance. provisions, provender, or other supplies used or consumed by CONTRACTOR or his 33 in accordance with the General Conditions within five (5) calendar days after the date when the Contract Times commence to run. 3.3 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as Liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: One Thousand Dollars ($1,000.00) for each calendar day or fraction thereof that expires after the ninety (90) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Five Hundred Dollars ($500.00) for each calendar day or fraction thereof that expires after the five (5) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: Four Hundred Fifty -Eight Thousand Thirty -Five Dollars and Ten Cents ($458,035.10) 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 VCDC: GENERAL CONDITIONS 1910-8 (1990 E(fition) 34 W/ CITY OF FORT COLLINS MODIFICATIONS (RE'V 4/?000) (Phis page left blank intentionally) EXWC Gh'NUAL CONDITIONS 1910-3 (1990 E(Woo) 35 w/ CITY OF FORT COLLINS MOOIMCATIONS (REV 4/1000) 36 EJCDCGENEM COMMONS 1910.8 (1990Edition) w1 CITY OF FORT COLLIM MODIFICATIONS (REV 4J1000) EXHIBIT GC -A to General Conditions of the Construction Contract Bettiveen OWNER and CONTRACTOR DISPUTE RESOLLTHON AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction 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 CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate 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 LNGMER initially for decision in accordance with paragraph 9.11 will & 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 ENGlN"l]ER if a written decision has not been rendered by ENGINE FR before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which EsNGiNEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty clays period will result in ENGLTNTEER's decision being final and binding upon 01JN01, 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 is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making 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 ENGLNLER for information The demand for arbitration will be made within the thirty -clay or ten-ky period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in quemion has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. VCOC GENERAL CONDITIONS 1910-ti (1990 E(itim) wl CITY OF FORT COLLINS MODIFICATIONS (REV 9,") 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGIN`EER'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 parties to the arbitration, and 16.4 2- such other person or entity is substantially involved in a question of law or fact which is common to those who are already, parties to the arbitration and which will 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 not 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 and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting 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 wiU 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 first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against 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 termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. OC-Al FJCDC GENERAL CONDITIONS 1910.8 (1990 Edtien) w7 CITY OF FORT COLLINS MODIFICATIONS (REV W94) �� �� � [�1►I�I�I:��I�7 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule zero (0) days lost due to abnormal weather conditions. SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Crack Seal & Fill Project — 2015 Renewal CONTRACTOR: Waterhouse, Inc. DBA All Pro Sealing PROJECT NUMBER: 7290 DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: DATE: J_il:11 DATE: DATE: APPROVED BY: DATE: Purchasing Agent over $60,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as NUMBER DATE AMOUNT follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: $0.00 Net Change by Change Order $0.00 Current contract Amount: Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: Less Retainage: AMOUNT DUE THIS APPLICATION CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: BY Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. Date: By $0.00 $0.00 units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. If, in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00520 Page 3 for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 STORED MATERIALS SUMMARY On Hand Item Invoice Previous Number Number Description Application Received This Period PAGE 4 OF 4 Installed On Hand This This Period Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 GI V=" V V V V V V V z Q a, C7C7C7C70 0000 U C U 4 A v� U U z 0 E-� 000000�oo WO O M M� V1 V1 [- 00 SECTION 01010 SUMMARY OF WORK 1.1 DESCRIPTION OF WORK A. This work shall consist of cleaning, sealing, and filling all roadway cracks greater than 1/8" wide on designated streets in the City of Fort Collins. Specific locations are described in Section 3500, Project Map. B. Construction Hours 1. Operation shall be in accordance with Section 108. 2. Any work performed by the Contractor outside of the construction hours, whether or not authorized by the Engineer, shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover the Owner' s costs in providing field engineering and/or inspection services because of such work. The cost for field engineering and inspection shall be $50.00 per hour. 1.2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES A. Notify private owners of adjacent property, utilities, irrigation canal, and affected governmental agencies when prosecution of the Work may affect them. B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to temporarily deny access or services. C. Contact utilities at least 48 hours prior excavating near underground utilities. D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of work schedule and any items which would affect their daily operation. E. Darren Moritz/Tom Knostman will be the Program Manager/Project Engineer. Darren Moritz 970-221-6218 Office 970-556-1495 Cell Tom Knostman 970-221-6576 Office 970-679-7947 Cell F. Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's convenience. General Requirements - Page 2 of 16 SECTION 01010 SUMMARY OF WORK UTILITIES Water: City of Fort Collins, Colorado Utilities 221-6700; Meter Shop 221-6759 Storm Sewer: City of Fort Collins, Colorado 221-6700 Sanitary Sewer: City of Fort Collins, Colorado 221-6700 Electrical: City of Fort Collins, Colorado 221-6700 Gas: Xcel Energy Emergency 1-800-895-2999 Local Contact: Pat Kreager 970-566-4416 Telephone: UNCC / 1-800-922-1987 Local Contact: Debbie Kautz 970-689-0635 Traffic Operations: City of Ft. Collins, Colorado 221-6630 Cable Television: Comcast 493-7400 Utility Notification Center of Colorado (UNCC) - 811 1-800-922-1987 AGENCIES Safety: Occupational Safety and Health Administration (OSHA): 844-3061 Fire: Poudre Fire Authority Non -Emergency: 221-65 81 Emergency: 911 Police: City of Fort Collins Police Department Non -Emergency: 221-6540 Emergency: 911 Postmaster: US Postal Service: 225-4111 Transportation: Transfort: 221-6620 Traffic Engineering: 221-6630 Larimer County Sheriffs Department: Non -Emergency: 221-7177 Ambulance: Poudre Valley Hospital Non -Emergency: 484-1227 Emergencies: 911 END OF SECTION General Requirements - Page 3 of 16 SECTION 01040 COORDINATION 1.1 GENERAL CONTRACTOR RESPONSIBILITIES A. Coordinate operations under contract in a manner which will facilitate progress of the Work. B. Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner of performance of operations which affect the service of such utilities, agencies, or public safety. C. Coordinate operations under contract with utility work to allow for efficient completion of the Work. D. Coordinate all operations with the adjoining property owners, business owners, and surrounding neighborhoods to provide satisfactory access at all times and keep them informed at all times. 1.2 CONFERENCES A. A Pre -construction Conference will be held prior to the start of construction. 1. Contractor shall participate in the conference accompanied by all major Subcontractors, including the Traffic Control Supervisor assigned to the project. 2. Contractor shall designate/introduce Superintendent, and major Subcontractors supervisors assigned to proj ect. 3. The Project Engineer shall invite all utility companies involved. 4. The Utilities will be asked to designate their coordination person, provide utility plans, and their anticipated schedules. 5. The Project Engineer shall introduce the City Representative(s). B. Additional project coordination conferences will be held prior to start of construction for coordination of the Work, refining project schedules, and utility coordination. C. Project Engineer may hold coordination conferences to be attended by all involved when Contractor's operations affects, or is affected by, the work of others. 1. Contractor shall participate in such conferences accompanied by Subcontractors as required by the Project Engineer. 1.3 PROGRESS MEETINGS A. Contractor and Project Engineer shall schedule and hold regular progress meetings at least weekly and at other times as requested by the Engineer or required by the progress of the Work. B. Attendance shall include: 1. Contractor and Superintendent. 2. Owner's Representatives. 3. Project Manager, Project Engineer, and City Representative(s). 4. Traffic Control Supervisor. 5. Others as may be requested by Contractor, Owner, or Owner's Representative. C. Minimum agenda shall include: 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. General Requirements - Page 4 of 16 SECTION 01040 COORDINATION D. The Engineer and Contractor shall agree to weekly quantities at the progress meetings. The weekly quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall be final and shall be the basis for the monthly progress estimates. This process ensures accurate monthly project pay estimates. END OF SECTION General Requirements - Page 5 of 16 SECTION 01310 CONSTRUCTION SCHEDULES 1.1 GENERAL A. The Contractor shall prepare a detailed schedule of all construction operations and procurement after review of tentative schedule by parties attending the pre -construction conference. This schedule will show how the contractor intends to meet the milestones set forth. 1. No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of delivery of equipment and materials. 1.2 FORMAT AND SUBMISSIONS A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual progress. B. Submit two copies of each schedule to Owner for review. 1. Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others. C. The schedule must show how the street, landscaping, and various utility work will be coordinated. 1.3 CONTENT A. Construction Progress Schedule. 1. Show the complete work sequence of construction by activity and location. 2. Show changes to traffic control. 3. Show project milestones. B. Report of delivery of equipment and materials. 1. Show delivery status of critical and major items of equipment and materials. 2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for equipment and materials, reference Section 01340. 1.4 PROGRESS REVISIONS A. Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when requested by Owner, 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 6 of 16 SECTION 01310 CONSTRUCTION SCHEDULES 1.5 OWNER'S RESPONSIBILITY A. Owner's review is only for the purpose of checking conformity with the Contract Documents and assisting Contractor in coordinating the Work with the needs of the Project. B. It is not to be construed as relieving Contractor from any responsibility to determine the means, methods, techniques, sequences and procedures of construction as provided in the General Conditions. END OF SECTION General Requirements - Page 7 of 16